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HomeMy WebLinkAboutCOM 0422.000 1998-2000 ~ w William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho •i~.,. gip` Deputy Managing Director A O~~M. (~nuntg u~ ~ttfuttii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (BOB) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 August 17, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Deat Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-006) Request: Agricultural to Rural ~ ? Change of Zone Application (REZ 99-014) ~ ~ Request: A-Sa to RA-2a C ` j ~ G - Applicant: Guido Giacometti & Susan Tius -,i Tax Map Key: 6-2-11:18 ~ C° Cam, r~ 'i') ~ Proposed Street Name - Ke 'Alohi Kai Place (Revised) z!-.~ 3 'Alohi Kai Subdivision ca Subdivider: 'Alohi Kai Partnership ? ~ ~ Q Tax Map Key: 7-7-4:3 (SUB 7096) c.~ Proposed Street Names Paniolo II Subdivision Subdivider: Honokohau Development Corp. Tax Mao Key• 7-4-8:57 (SUB 6992) As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~4J o~-~-~-~ ( "l`",`~ Stephen K. Yamashiro Mayor ~ IA80699.MAY Comm. No. Enclosures ZPl ~KN cc: Planning Department File No. t 1.1.2 Ref. To: P ~ Bi11S 131 4 Ref. Date_~,~}, 1999 »tY M. _•1 4- 4 W~ Stephen K. Yamashiro Mayor ?i;;....sy: or x~ f~Ix~t~t#g t~l'I~tt PLANNING COMMISSION 2S Aupuni Street, Room 109 ~ Hib, }ixrxii %720.252 (SOS) %1-8288 Fix (808) %b%IS ~AU6 1 7 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 99-006) Request: Agricultural to Rural Change of Zone Application (REZ 99-014) Request: A-Sa to RA-2a Applicant: Guido Giacometti & Susan Tius Tax Map Key: 6-2-11:18 The Planning Commission, after a duly held public hearing on August 6, 1999, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from an Agricultural to Rural District and a Change of Zone to change the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.006 acres of land. The property is located in Anekona Estates Subdivision on the south side of Kanehoa Drive and approximately 2,600 feet east of the Kawaihae Road-Anekona Street intersection, Ouli, South Kohala, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the Rule 13 of the Planning Commission Rules of Practice and Procedures, 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; 'ho'h~' Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 (2) Activities or uses as chazacterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one-half acre in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms aze intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other 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. Surrounding lands are located within the State Land Use Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre, and Residential and Agricultural-2 acres zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmazk Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regimes within the Anekona and Kanehoa Estates Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. Within the past three months, the County Council approved similar applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for three parcels consisting of 5.001, 5.5154, and 5.002 acres, respectively, in the Anekona Estates Subdivision. Also, a similar application for a 5.588 acre pazcel within the Kanehoa Subdivision is currently pending before the County Council. Similar land use changes were approved in June 1998 fora 5-acre parcel of land in the Kanehoa Subdivision. In October 1996, State Land Use Boundary Amendment from an Agricultural to Rural District were approved for two 5-acre parcels within the Kamuela Plantations Subdivision. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the Permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one-half acre. The commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 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 boundazy amendment is for similar agricultural land uses and uses that are compatible to the Rural designation. The applicants have stated that the 5.006 acres will be subdivided into two residential/agricultural lots. Thus, the requested Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 boundazy amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with the Land Use Element of the General Plan. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standazds and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards aze set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: 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. 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, sanitazy, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different pazts of the County. * Maintain a housing supply which allows a vaziety of choice. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 * 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. * 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 areas shall be developed. The proposed Rural boundary request also conforms to the LUPAG Map which designates the area for Extensive Agricultural. The Extensive Agricultural designation is consistent with the rural, low-density form depicted on the LUPAG Map for this area of South Kohala. This request would allow a rural development for Residential-Agricultural uses. Based on the above findings, including the General Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 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. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have aright-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Water is provided by a 6-inch County water line which fronts the project site. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be required to dispose wastewater into a septic tank system. Electrical service is available to the property from Hawaii Electric Light Co. Inc., and telephone service is available from GTE Hawaiian Tel. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property outside of the 500-year flood plain (Zone X). While the subject property is within the State Land Use Agricultural and County's Agricultural - Sa zoned districts, it is not currently being used for active agricultural purposes. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. The surrounding properties are also in the County's Agricultural-Sa, Agricultural-la, and Residential and Agricultural-2a zoned districts, and State Land Use Agricultural and Rural districts. Furthermore, a Rural classification would complement the existing and future residential-agricultural land use patterns of the surrounding properties in view of the surrounding properties and permissible uses. Finally, it should be noted that the reclassification action would also conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio-cultural advancement -Housing objectives and policies: (a) Planning for the State's Socio-cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 (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. (5) Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. (6) Foster a vaziety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundazy Amendment to the Rural District complements the State Land Use 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 standazds of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-5 acres (A-Sa) to Residential and Agricultural- 2 acre (RA-2a) zoned district will conform to the following goals, policies and standazds of the General Plan Land Use, Economic, and Agricultural Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, 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 and Economic goals, policies and standazds are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 LAND USE * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. ECONOMIC * Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. * The County of Hawaii shall strive for diversity and stability in its economic system. * The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The applicants are proposing to create a two lot subdivision using a 2.022 acre portion near Kanehoa Street and a 2.984 acre portion adjacent to the Keanuiomano Stream for residential/agricultural purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Extensive Agricultural. However, the Anekona Estates Subdivision as well as the adjacent subdivisions are a mixture of residences and limited agricultural activities. Therefore, it is determined that the request is consistent with the rural low-density development form depicted on the LUPAG Map for this azea of South Kohala. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils classified by the U.S. Department of Agriculture, Soil Conservation Service, as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. This surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are "Unclassified" by the ALISH system. Surrounding lands are located within the State Land Use Agricultural and Rural Districts and in the County's Agricultural 5-acre and 1-acre zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-5a; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family residential and agricultural uses and/or vacant lands. There are approximately 25 lots that are encumbered with Condominium Property Regimes within the Anekona and Kanehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. Within the past three months, the County Council approved similar applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for three parcels consisting of 5.001, 5.5154, and 5.002 acres, respectively, in the Anekona Estates Subdivision. Also, a similar application fora 5.588 acre parcel within the Kanehoa Subdivision is currently pending before the County Council. Similar land use changes were approved in June 1998 for a 5-acre parcel of land in the Kanehoa Subdivision. In October 1996, State Land Use Boundary Amendment from an Agricultural to Rural District were approved for two 5-acre pazcels within the Kamuela Plantations Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the emerging land use pattern being established within this portion of South Kohala. The primary access for Anekona Estates from Kawaihae road is via Anekona Street. The subject property is located on Kanehoa Street. Both roadways have a right-of-way width of 50 feet with a 20-foot agricultural standard pavement. It should be pointed out that Kanehoa Street is a connector road into the adjacent Kanehoa Subdivision. Since similar changes of zone may occur throughout the Anekona Estates Subdivision as well as [he adjacent Kanehoa Subdivision which would create additional homesites placing additional traffic burden on Kawaihae Road, conditions of approval have been included to ensure that the requested improvements be planned for either through the ISTEA program or through the fair share contribution towards roads. Water for the proposed subdivision development will be provided by the existing 6-inch line. According to the Department of Health, the property is situated within the Critical Wastewater Disposal Area and therefore, the applicants would be Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 required to dispose wastewater into a septic tank system. All other essential utilities and services are or will be made available to support the proposed development. Finally, because the subject property and surrounding azeas have been extensively altered with agricultural/urban development, it is not anticipated that endangered or threatened candidate species of flora or fauna aze located within the subject property, nor has the area been identified as a significant botanical or biological habitat. In addition, it is also not anticipated that the proposed development will have any adverse impact on cultural or historical resources. The property is designated Zone X, an area determined to be outside of the 500-year flood plain. Based on the above findings, approval of the Change of Zone request from Agricultural-5 acres (A-Sa) to Residential and Agricultural-2 acres (RA-2a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, an amendment to the SLU Boundaries Map H-14 for the County of Hawaii and Section 25-8-7 (North and South Kohala Districts Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, are transmitted. We are enclosing a copies of the applications and a copy of the staff background for your information. Sincerely, Leonard S. Tanaka, Chairman Planning Commission LGiaco02.PC Enclosures cc: Department of Water Supply Department of Public Works Kazu Hayashida/DOT-Highways,Honolulu State Land Use Commission West Hawaii Office Guido Giacometti & Susan Tius COUNTY OF HAWAII PLANNING DEPARTMENT APPLICATION FOR STATE LAND USE BOUNDARY AMENDMENT (15 ACRES OR LESS) r r~ L " APPLICANT: ~'~~~00 CGiACo?.ME-rn ~ USrt-nr ~ APPLICANT'S SIGNATURE: ;7- ~'0~~~ MAILING ADDRESS: WX ~~2•) ICaa-1k~,.A ~1 6~q3 TELEPHONE: (BUS) Bo~~~i82-1424 (HOME)A~2"1924 LANDOWNER: IA:PO ~PvGn:-n xF u5+c:-~~C~~~ LANDOWNER'S SIGNATURE: ~ TAX MAP KEY: ~JR~~W b " 02 • OlI O LAND AREA • Jr• ~ CURRENT STATE LAND USE DISTRICT CLASSIFICATION: /Sc6~:Cu~~-U~ REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: ~ltZ?•ct- THE APPLICANT SHALL SUBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and courses of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. C~IJNC . COPY 0400q ~'E " PD 2/26/87 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type//n~or legibly print the requested information) APPLICANT: U IUV l71 COME T ~SM* ~ rub APPLICANT'S SIGNATURE: E: rO 3 ADDRESS: • D.~jf~ ~ 12 ~ Kra.-tu~-~, ~1 q~743 LIST APPLICANT'S INTEREST IF NOT OWNER: o~ou~ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:- ~A PHONE:(Bus.)_~jL_~82' Ig24 (Res.)~2~IguF-(Fax)~~/~1925 LANDOWNER(S): C-~u~0a ~1 ccrM ~ 'fu / LANDOWNER SIGNATURE(S): ATE: 6/ ~ (Ma 12 b ene LLCC~I,h ~ 3 LANDOWNER(S) ADDRESS: REQUEST: A' S cL TO ~ A - Z a'- TAX MAP KEY: (Existing zoning) 3 /b2l O l~ O 1 g (Proposed Zoning) STREET ADDRESS OF PROPERTY: C~2 2349 ~i~Eh~OP~ Sr ~Aa-~,u~ SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: S, OOL ~-ctzt~ AGENT: AP~~~~-hur - ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL; I~'~LtCfA-+T COPIES: (See Instructions on Reverse Side) ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZDNE 1. If your request is approved, do you intend to subdivide the Subject land in accordance With the approved Change of zone? Y~ If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 5.00 b. Into what lot sizes? 'Z,fJ22 ~ 2.984 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? ~ Dk~tS d. Do you intend to build houses on the newly created lots? YES If yes, please answer the following questions: Dn how many of those lots? ~ At what approximate price range? House !50 yt~a Lots )?o, ooa Total 2'7~~ Ooa Approximately how long, after approval of the subdivision, would the first house be available for occupancy? ~ ~~k4. If you intend to subdivide, please suomit a preliminary schematic subdivision plan together q~ with your change of zone application form. 2. If you have no firm plans of suodividing the suuject area, do you intend to: a. Sell or lease the land to someone wno Has firm plans? b. Sell or lease the land to someone wno has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, or c, please elaoorate 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? Sub,psc~f How? ~Y /4~oD,A,b A~o,noNa~ Dtvc~,i..w~ 4. Are there any buildings on the subject area? If so, what kind? ~I.iE 1?.G-s,Drw.cnvR. ul~,r what do you intend to do with those buildings if your request is approved? CoNnµuE ~r~ u5~ ors A ~i2t M ~L~S ~ 0r-r-i cE . -2- 5. Is the subject land currently being used for any agricultural activitity? ND If so, please list the Kinds of products grown and on how many square feet or acres of lanb per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? S.tO If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? N ~ If so, what kind? Is the road adequate for the proposed traffic volume or load? Yu~ 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools ~ b. Roads c. Sewer ? d. Drainage e. Police Protection -3- Yes No f. Fire Protection ? g. Recreational Facilities ? h. Public Utilities ? i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ Address: ~7 [~c 7~Z1 ~,/~+utC~+.R Telephone: ~0~8~2- l°t24 Date: (o~3T~j -4- 6337A/SOA P.D. 5/84 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT PETITIONER: Mr. Guido Giacometti & Ms. Susan Tius, T/E TAX KEY: (3) 6-02-011:018 A. Subject Request: A change of State Land Use (SLU) designation from Agriculture to Rural and a change in County Zoning from A-5a to RA-2a is requested for the property, a 5.006 acre lot within the Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. The applicants are the owner, and intend to subdivide the property into two lots. One lot will include the existing house, occupied by the applicant. The second lot will be developed by construction of a second house. Upon completion of construction, the second house will be held for rental purposes. The existing house has atwo-car garage and a carport, and the house to be built will have atwo-car garage. Guest parking will be available for both homes on the property. As traffic volumes are extremely low within this subdivision, the addition of another home will not adversely impact traffic volumes or safety. The property is presently served with County water, public power and telephone service, and a privately owned and maintained paved subdivision access road. The lot presently is served by two County water meters, one for each home. All utility connections are underground. Sanitary sewer service is and will be provided by individual wastewater treatment systems, in compliance with governmental standards. B. Conformance with State/County Plans: State Land Use designation is Agriculture. General Plan designation is Unplanned. The property does not appear to have a Community Development Plan designation. County zoning is A-5a. The property is not within the County Special Management Area. The proposed SLU reclassifcation to Rural will conform to the standards set forth in Chapter 205, HRS, which include "Activities or uses as characterized by low-density residential lots of not less than one-half acre in areas where "city-like" concentrations of people, structures, streets, and urban level of services are absent...". Further, the SLU Commission Rules prescribe as a permitted use within the Rural district "...low-density residential uses with a minimum lot size of one-half acre". Within the overall goals and policies of the Hawaii County General Plan, "...(r)ural-style residential-agricultural developments, such as....small scale rural communities...,shall be encouraged in appropriate locations." As a result of this reclassifcation and rezoning, the property will continue in rural residential use. It is therefore the petitioners belief that these requests conform to State and County plans. C. Physical Characteristics and Environmental Setting: The property is one of 36 original five-acre lots within the Anekona Estates Subdivision, located on the south side of the Kawaihae Road approximately 3 miles west of the intersection of Kawaihae Road and Kohala Mountain Road (Routes 19 and 250). The property is located on the south side of Kanehoa Street, a private street within the subdivision. During the past several years, some of the lots within the subdivision have been improved with homes. Several of the lots have been registered as condominium projects, allowing for the construction of two homes on a lot. Also, several lots within the subdivision are in the process of rezoning and subdivision into 2+ acre parcels. Climate is mild and dry, with daytime temperatures of 75-85 degrees and rainfall of less than 25 inches per year. Topography is gentle slopes and soils are classified by the US Department of Agriculture as PVD (Puu Pa extremely stony very f ne sandy loam). Existing structures on the property include one landscaped residential building with a gravel access drive and underground utility connections. Portions of the property remain open with fountain and other grasses, similar to undeveloped lands in the vicinity. Lava hazard is non-existent, as the property is on the slope of the extinct Kohala Mountain range. Distance to the shoreline is 7 miles. ALISH designation of the soil is unclassified. The USDA Natural Resources Conservation Services Soil Service Report lists the soil type as "E" (very poor). 1 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT PETITIONER: Mr. Guido Giacometti & Ms. Susan Tius TAX KEY:(3)6-02-011:018 The Flood Insurance Rate Map designation is Zone X (outside the 500 year Flood plain). The intermittent Keanuiomanu stream adjoins the property to the south. Easements to provide for free flowage of this stream are in place, and will not be affected by the reclassifcation, rezoning or subdivision. Drainage easements along the Kanehoa street frontage are in place to provide for locally produced runoff, and they will remain in place as well. Locally produced runoff from the houses will be disposed of onsite. Air quality in the area is excellent due to the prevalent trade winds. No archaeological, cultural or historic sites are known to be located on the property. No endangered species, candidate species proposed for listing as endangered, or native/exotic plants are known to exist on the property. Scenic views from or across the property are protected by applicable building height regulations. The social settlement pattern for the area is low density residential, open pasturage, and small scale agricultural uses. Ranching, resort, astronomy and service businesses are the predominant economic resources of the area. Land values within the subdivision are currently about $40,000 per acre. Surrounding land uses are residential and agricultural, with agricultual and rural zoning nearby. D. Public Facilities and Services: The property is accessed across a paved private roadway, owned in common by the Anekona Estates subdivision owners. Right of way width is fffy (50) feet, with pavement width of twenty (20) feet. Title to the property includes the right of access across this private road. County water service to the lot is in place, by way of two meters, providing individual service to the existing home and the proposed home. Sanitary sewage disposal for the existing home is by way of an individual cesspool. Sewage disposal for the proposed home will be by way of a wastewater system meeting the requirements of the State Department of Health. Solid waste disposal service is available at the Waimea transfer station located four miles east. The nearest police station is in Waimea, seven miles east. The nearest fire station is also in Waimea, seven miles east. Afire hydrant is located at the property line fronting Kanehoa sUeet. Public schools are located in Waimea, six miles east, and private schools are available in Waimea. Nearest public parks are Waime (six miles east), Hapuna Beach (seven miles west) and Spencer Park (six miles west). Power and telephone service is in place with service provided by HELCO and Hawaiian Tel. E. Environmental Assessment and Analysis: Since the area was subdivided into lots of five acres or more, a number of lot owners have built main homes and ohana dwelling units. Under previous zoning regulations, it was typical for anowner to "subdivide" their lot byway of the Condominium Property Regime (CPR) rules. This legal step allowed the landowner to sell one or more "apartments' without complying with the County subdivision process. With the adoption of the current zoning code in 1996, the requested rezoning of the property to RA-2a, and the subsequent subdivision of the subject lot into two lots, will allow for a County review of the change. Reclassification, rezoning and subdivision will create two legal lots instead of "apartments", which will provide a simpler, more understandable method of holding title. Legal subdivision will facilitate financing and other conveyances. The applicant believes that this approach is preferable to the use of CPR rules, and will enhance value for the property. No change in use is contemplated once subdivided. The property could be developed under CPR rules, providing for a second dwelling unit and the same resulting traffic, viewplane and other impacts. Therefore there will be no change in short or long term impacts due to the granting of this request. No irreversible or irretrievable commitments of natural resources will occur because of the reclassifcation, rezoning or subdivision. Il is therefore felt that the requested changes in State Land Use and County Zoning designations are appropriate and should be granted. 2 ~ X' 1 ~ N J / Q°~ y\ .lam. I ~ J 1°*~51 3 H ~ L s~,r ~ Wb ° \ o ~ ~ H ? ~ /'.~a~ )p ~ ~ ~ tit ~..'k L 1 ° _ \ O C I. ~H` 1~ ~ ~ ~ ~ y ~ ° J u, d c ~~1 ; - ,r ~ h `~,i LLL j ~ Q' 1, t- o ~ o- ,r. ~ x z o ~ r , ~ } 1 ° , ~ ' ` a ; I ~ + } +f.~af i 1 ~ f' 1~~ / u~,ff~~~ !1 ~ 11l 1.: ,v O:; ~ ~ I\ ~ ~ " ; j ~ ~ O-• ~ q u `~i ~ ~ d; i ' y E ~ 4 k ~ o KANEHOA S1REE1 ~ i ~ i ~ i LSD i i i ti ' i ' ' i8 5Q~ i i i~S 253' A2' / ~ ~ i i i~ 28.94 ~ v i 258' 23"iq5' 261.97 i 29B' 42' Q ~ - aecri lq.l4 ~ _ MerER Rs10.00 EASEMENT 13 EASEMENT 1~~ 130A9) ~ EASEt~NT 10 EASE~Nf 8 ~ ~ ~ J ~ ~ l ~ l ~ / ~ i g /c3~' l.Of "A. C J / 2.OZ2 ACRES N $ \ -~-EAS~f 'A" 6,613 50. ff. Q ~f 16 g FOR ACCESS PURP05E5 o\ IN FAVOR OF IAf "6" ~ ~ \ (31.22) ' 9'tg4 93 ' q2 - 3g9.Z2 lAf 19 ~RnvE~ Nono N ~ ~ r ~f „B„ ~ 2.98A ACRES GONL. 0~4Y.'' IAf 11 ~ nousE ~ ~ ~ \ _ EASEMENT 1~ EASE~Nf 12 EASEMENT 9 . ~ 96 ' q -153.19 KEANUIOMANO SCREAM ' 4i~~P`L N, y tiF PRELININARY LICENSED PROFESSIONAL Plan Showing LAND * SURVEYOR * Subdivision of Lot 18 No.5549 of "Anekona Estates Subdivision" p.• into Lots "A" and "B" y~h'AII. ~5, and Designation of Easement "A" rms wosK wns rnErnReo sY ~e oe Affecting Lot "A" Y oisecr surfRVisioN at South Kohala, Hawaii, Hawaii T.M.K. 6-2-11 parcel 18 -,~NOA~~ N ~F - Owner: Guido Giacometti REGI5IEP.CO tROFE%IONA6 bANO AIftVEYOR (fRfIFlCA fE IUM6Eft 5649 Honolulu, Haeall ENGINEERS SURVEYORS HAWAII, INC. Io2o Aunht Street 98-123 CIVIL ENGINEERS ~ LAND SURVEYORS ~ PLANNERS May 28, 1999 • BGixo0l.pW-7/22/99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GUIDO GIACOMETTI & SUSAN TIUS STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 99-006) CHANGF, nF 7.ONE APPLICATION (REZ 99-Oly GUIDO GIACOMETTI & SUSAN TIUS have submitted applications for a State Land Use Boundary Amendment from Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.006 acres of land. The property is located in Anekona Estates Subdivision on the south side of Kanehoa Drive and approximately 2,600 feet east of the Kawaihae Road-Anekona Street intersection, Ouli, South Kohala, Hawaii, TMK: 6-2-11:18. (:F.NERAi.INFO NATION 1. Land Ownership: Guido L. Giacometti and Susan Tius aze the fee owners of the subject property. PROPOSED DEVELOPMENT 2. Request: The applicants aze proposing to change the existing Agricultural land use designation to Rural and changing the district classification from Agricultural (A-Sa) to Residential and Agricultural (RA-2a) for approximately 5.006 acres of land. 3. Objectives: "The applicants aze the owner, and intend to subdivide the property into two lots. One lot will include the existing house, occupied by the applicant. The second lot will be developed by construction of a second house. Upon completion of construction, the second house will be held for rental purposes. "The existing house has a two-caz gazage and a carport, and the house to be built will have atwo-car gazage. Guest parking wiIl be available for both homes on the property. As traffic volumes aze extremely low within this subdivision, th~,addition of another home will not adversely impact traffic volumes or safety. "The property is presently served with County water, public power and telephone service, and a privately owned and maintained paved subdivision access road. The lot is presently served by two County water meters, one for each home. All utility connections are underground. Sanitary sewer service is and will be provided by individual wastewater treatment systems, in compliance with governmental standazds. " 4. 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 Applications) CTATE O TNTY PL. NS 5. SLU: Agricultural. 6. Hawau State Plan Consistency: Economy, Socio-Cultural Advancement (Housing) objectives and policies. 7. General Plan Consistency: Economic, Housing, Land Use Residential Elements goals, policies and courses of action for South Kohala. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural which allow uses for pasturage and range lands. 9. County Zoning: The property is currently zoned Agricultural-5 acre (A-Sa) under the present Zoning Code. However, prior to the adoption of the December 7, 1996 Zoning Code, the subject pazcel was zoned Unplanned. 10. SMA: The property is not situated within the Special Management Area. DF4['AiPTiON OF SUR.TF.CT PROPERTY AND SURROUNDING A_RF.A 11. Property: The subject property has a total azea of 5.006 acres. The property is r rectangular shaped, and is located within the Anekona Estates Subdivision, a 36-lot subdivision. There is one existing dwelling on the property. 12. Surrounding Zoning/Land Uses: Surrounding lands aze located within the State's Agricultural and Rural District and in the County's Agricultural 5-acre and 1-acre, and Residential and Agricultural-2 acres zoned districts. Kanehoa Subdivision, a 26-lot subdivision is located immediately to the east and zoned A-Sa; Kamuela Plantations, a 10-lot subdivision, is located further to the east and also zoned A-Sa; and Waimea Landmark Estates, a 26-lot subdivision, is located across the Kawaihae Road and further to the northeast and is zoned A-3a. These subdivisions include single-family -2- ' residential and agricultural uses and/or vacant lands. There aze approximately 25 lots that aze encumbered with Condominium Property Regime within the Anekona and I{anehoa Subdivisions. The Ouli affordable housing project is located to the west of Anekona Estates and is within the State Land Use Urban District. Within the past three months, the County Council approved similar applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone from A-Sa to RA-2a for three parcels consisting of 5.001, 5.5154, and 5.002 acres, respectively, in the Anekona Estates Subdivision. Also, a similaz application for a 5.588 acre parcel within the I{anehoa Subdivision is currently pending before the County Council. Similaz land use changes were approved in June 1998 fora 5-acre parcel of land in the Kanehoa Subdivision. In October 1996, State Land Use Boundazy Amendment from an Agricultural to Rural District were approved for two 5-acre parcels within the I{amuela Plantations Subdivision. (See Exhibit B -Tax Key Maps) 13. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The property is "Unclassified" on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Study Bureau's Detailed Land Classification System: Soils within the subject property aze classified as "E" (Very Poor). 15. U.S. Soil Survey: The soils aze classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20% slopes. This surface layer is very dazk brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. The reaction is medium acid to slightly acid in the surface layer and neutral in the substratum. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils aze used for pasture. 16. FIRM: The subject property is located within Zone X, azea determined to be outside the 500-yeaz flood plain. , 17. F1ora/Fauna Resources: According to the applicants' environmental report, portions of the property remain open with fountain and other grasses, similaz to undeveloped -3- ' lands in the vicinity. No endangered species, candidate species proposed for listing as endangered, or native/exotic plants aze known to exist on the property. 18. Archaeological Resources: According to the applicants' environmental report, no archaeological, cultural or historic sites aze known to be located on the property. Nevertheless, a condition will be included to require the notification of the Department of Land Natural Resources-Historic Preservation Division should any azchaeological sites be encountered during the course of development. PLigL.IC L1TIL.i_TTF SERVICES 19. Access: The primary access for Anekona Estates from Itawaihae road is via Anekona Street. The subject property is located on I{anehoa Street. Both roadways have a right-of--way width of 50 feet with a 20-foot agricultural standazd pavement. It should be pointed out that I{anehoa Street is a connector road into the adjacent Kanehoa Subdivision. 20. Water: Water is provided by an existing 6-inch waterline that fronts the subject property. 21. Wastewater: There is no municipal sewer system in the area. According to the Department of Health, the property is situated within a Critical Wastewater Disposal Area and therefore, the applicant would be required to dispose wastewater into a septic tank system. 22. Utilities: Electrical and telephone service aze or will be made available to the property. AGENCIES' COMMENTS 23. Department of Public Works (June 23, 1999 Memo): "We have reviewed the subject application and offer the following comments: 1. Building shall conform to all requirements of code and statutes pertaining to building construction. ` 2. All development generated runoff shall be disposed of on site and shall not lie duetted towazd any adjacent properties. 3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. -4- ' 4. Portions of the project area are within the Keanuiomano Stream drainage easement; identify the easement boundaries on the plans. 5. Kanehoa St. is a private road. " Applicants' Response (July 22, 1999 Letter): "We have reviewed the comments received from the Department of Transportation by their June 28, 19991etter and those from the County Department of Public Works as set forth in their June 23, 19991etter. In completing the requested change of zone and future subdivision, we will comply with the rules and regulations of both Depaztments." 24. Department of Water Supply (June 23, 1999 Memo): "We have no objections to the proposed applications as there aze existing water meters to service each lot." 25. Police Department (June 25, 1999 Memo): "Staff has reviewed the above-referenced application and does not anticipate any adverse effects to public safety or traffic created by the proposed action." 26. Fire Department (June 22, 1999 Memo): "We have no comments on the above-referenced State Land Use Boundary Amendment and Change of Zone Applications." . 27. Department of Health (June 23, 1999 Memo): "The subject lot is located in a Critical Wastewater Disposal Area where septic system is required if the lot size is less than five (5) acres. For future subdivision requests, the Depaztment of Health will be requesting existing cesspools on proposed lots less than five (5) acres be upgraded to a septic system." Applicants' Response (July 13, 1999 Letter): "We have reviewed the comments received from the Department of Health regazding wastewater treatment and disposal about this proposed change of zone and future subdivision. In completing the proposed subdivision, we will comply with all applicable Department of Health rules and regulations." 27. Department of Transportation (June 28, 1999 Letter): "Thank you for your transmittal of June 15, 1999, requesting our review and comments regazding the above subject application. -5- ' "We have the following comments: 1. The proposed 2-lot subdivision by itself should not result in any significant impacts on our State highway facilities. However, we view the application as a precedent leading to greater housing density and vehiculaz traffic. If more of these 2-lot subdivisions are permitted, their cumulative effects will result in increased traffic and safety impacts at the intersections of our Waimea-ICawaihae Road with Anekona and I{anehoa Streets. 2. We understand that you aze awaze of this problem and aze presently investigating the possibility of having all of the subdivision owners shaze the cost of any needed highway improvements such as channelizing and illuminating intersections. 3. For further information in determining the needed roadway improvements, please contact and coordinate with our District Office in Hilo." Applicants' Response (July 22, 1999 Letter): "We have reviewed the comments received from the Department of Transportation by their June 28, 19991etter and those from the County Depaztment of public Works as set forth in their June 23, 19991etter. In completing the requested change of zone and future subdivision, we will comply with the rules and regulations of both Departments." AGENCIES - NO RESPONSE 28. Department of Finance -Real Property Tax, Department of Land and Natural Resources, State Land Use Commission, and Department of Agriculture PUBLIC CONII~IENTS 29. The Department has not received any comments or objections from the general public or adjacent landowners on the subject applications. -6- CO fY OF HAWAII ,PLANNING DEPP 'MENT APPLICATION FOR STATE LAND USE BOUNDA.cY AMENDMENT - (15 ACRES OR LESS) ~ i _ 1 3 ~ APPLICANT: ~'i~IDO t~IACOFw~ ~ (ASS-! ~L1~5 ~ , _ APPLICANT'S SIGNATURE: MAILING ADDRESS: ~OX ~IZI KAcI-~iuc~.A ~1 6~A3 TELEPHONE: (BUS) Bi'BI882-1424 (ADME)$BZ-~424 LANDOWNER: 11iD0 iAC~i-~t ~F u5?c4e~~ LANDOWNER'S SIGNATUtR~E: TAX MAP REY: ~J~ iJiJ ~e ' 02 ~ D1~ ~ 1 LAND AREAz 5. 00(0 ~p~S CURRENT STATE LAND USE DISTRICT CLASSIFICATIONS ~6~iCut_TUP..E REQIIESTED STATE LAND USE DISTRICT CLASSIFICATIONS ~I~t1Zhd- THE APPLICANT SHALL S[JBMIT THE FOLLOWING: A. Non-refundable filing and processing fee of two hundred dollars. B. Original and fifteen copies of: 1. Application form. 2. Location map. 3. Preliminary site plan, drawn to scale, with all existing and proposed structures and improvements shown thereon. 4. Reasons for the requested change and written description of the property and proposed development, including but not limited to: a. The extent to which-the proposed reclassification conforms to the applicable goals, policies, standards, and course6 of action of the General Plan and implementing ordinances, plans and documents; and b. The extent to which the proposed reclassification conforms to the applicable district standards. C. A minimum 2-foot by 3-foot presentation map requested under B.3, above. PDB2/26/87 ~80~ A CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: IDO G COM ~ Su~+H..t i~ APPLICANT'S SIGNATURE: ~~TE: 6 3 ADDRESS: • ~ 12 ~ Kr~u~-may (-~t q~743 LIST APPLICANT'S INTEREST IF NOT OWNER: o~~ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: K ~A PHONE:(Bus.)~>~2-1924/~ (Res.)~~2-14u1-(Fax)~-r' ~Z- 925 LANDOWNER(S): ~u~9r7 ~1 CpA.r ~ S~Ahf I~i.l / LANDOWNER SIGNATURE(S): ~ u~DATE: 6` LANDOWNER(S) ADDRESS: (Ma 12 cu ~ d!(o7 3 REQUEST: S a. TO ~ A - Z Pro sed Zoning) TAX MAP KEY: (Existing zoning) 3 / (e ~ OZ / O !I ~ O 18 ( Pn STREET ADDRESS OF PROPERTY: G2 23 4q ~Pn-/t?!~A S~ ~~1-autzt-H SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: S. OOi, Acc-~3 AGENT: APPt_tc-~cs-tr - ADDRESS: TELEPHONE:(Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: At'PP~tCM-+T _ COPIES: (See Instructions on Reverse Side) ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII PPPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to suodivide the subject land in accordance with the approved change of zone? Y~ If please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intena to subdivide? $.OOL b. Into what lot sizes? 2,022 ~ 2.98} c. If your request is approved, approximately how long after the date of approval do you expect to suomit your subdivision plans to the Planning Department far preliminary approval? 3D DArts d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: ~ how many of those lots? At what approximate price range? House !50 ooa Lots X20, 000 Total 27~, ooa Approximately how long, after approval of the subdivision, would the first house oe available for occupancy? ~ 1'~-q~ If you intend to subdivide, please suomit a preliminary schematic subdivision plan together A~GC4~ with your change of zone application form. 2. If you have no firm plans of suodivioing the suuject area, ao you intend to: a. Sell or lease the land to someone «ho 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) f. If you intend to do either a, b, or 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? S~~6rt-rt~f Hbw? ~`f /~DrMG ADD~T70LIAt (7LC~L'LI.tClV U u it 'rb T~?f~ ~ ni U~-w+roriY 4. Are there any buildings on the subject area? If so, what kind? ~IJE 1?.t-Sr DcuT~ A't uN ~ r. What do you intend to do with those buildings if your request is approved? CoNnn~~ ~r5 use ors A f~ruNin~wy ~.t~s~o~,.,cE . -2- 5. Is the suoject land currently oeing used for any agricultural activitity? ND If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. To your knowledge, has there been any flooding and/or drainage problem on the suoject area? ~.(D If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? ND If so, what kind? Is the road adequate for the proposed traffic volume or load? VLF 8. what sort of governmental assistance and/or improvements do you feel will oe needed in the subject area when developed? Yes No a. Schools ~ b. Roads c. Sewer ? d. Drainage ? e. Police Protection d -3- Yes No f. Fire Protection ? g. Recreational Facilities ? h. Public Utilities ? i. Other For those checked °yes,~~ please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: ~ CSC 7121 f~.A~[uEuZ Telephone: ~'7g f gB"L- 124 Date: l0~3~ Q9 -4- 6337A/SOA P.D. 5/84 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT PETITIONER: Mr. Guido Giacometti & Ms. Susan Tius, T/E TAX KEY: (3) 6-02-011:018 A. Subject Request: A change of State Land Use (SLU) designation from Agriculture to Rural and a change in County Zoning from A-5a to RA-2a is requested for the property, a 5.006 acre lot within the Anekona Estates Subdivision, Ouli, South Kohala, Hawaii. The applicants are the owner, and intend to subdivide the property into twc lots. One lot will indude the existing house, occupied by the applicant. The second lot will be developed by construction of a second house. Upon completion of construction, the second house will be held for rental purposes. The existing house has a two-car garage and a carport, and the house to be built will have atwo-car garage. Guest parking will be available for both homes on the property. As traffic volumes are eMremely low within this subdivision, the addition of another home will not adversely impact traffic volumes or safety. The property is presently served with County water, public power and telephone service, and a privately owned and maintained paved subdivision access road. The lot presenty is served by two County water meters, one for each home. All utility connections are underground. Sanitary sewer service is and will be provided by individual wastewater treatment systems, in compliance with governmental standards. B. Conformance with State/county Plans: State Land Use designation is Agriwlture. General Plan designation is Unplanned. The property does not appear to have a Community Development Plan designation. County zoning is A-Sa. The property is not within the County Spedal Management Area. The proposed SLU redassificetion to Rural will conform to the standards set forth in Chapter 205, HRS, which indude "Activities or uses as characterized by low-density residential lots of not less than one-half acre in areas where 'city-like" concentrations of people, structures, streets, and urban level of services are absent...'. Further, the SLU Commission Rules prescribe as a permitted use within the Rural district "...low-density residential uses with a minimum lot size of one-half aae". Within the overall goals and policies of the Hawaii County General Plan, '...(r)ural-style residential-agricultural developments, such as....small scale rural communities...,shall be encouraged in appropriate locetions.° As a result of this reclassification and rezoning, the property will continue in rural residential use. It is therefore the petitioners belief that these requests conform to State and County plans. C. Physical Characteristics and Environmental Setting: The property is one of 36 original five-acre lots within the Anekona Estates Subdivision, located on the south side of the Kawaihae Road approximately 3 miles west of the intersection of Kawaihae Road and Kohala Mountain Road (Routes 19 and 250). The property is located on the south side of Kanehoa Street, a private street within the subdivision. During the past several years, some of the lots within the subdivision have been improved with homes. Several of the lots have been registered as condominium projects, allowing for the construction of two homes on a lot. Also, several lots within the subdivision are in the process of rezoning and subdivision into 2+ acre parcels. Climate is mild and dry, with daytime temperatures of 75-85 degrees and rainfall of less than 25 inches per year. Topography is gentle slopes and soils are classified by the US Department of Agriculture as PVD (Puu Pa eMremely stony very fine sandy loam). Existing structures on the property include one landscaped residential building with a gravel access drive and underground utility connections. Portions of the property remain open with fountain and other grasses, similar to undeveloped lands in the vidnity. lava hazard is non-existent, as the property is on the slope of the eMinct Kohala Mountain range. Distance to the shoreline is 7 miles. ALISH designation of the soil is unclassified. The USDA Natural Resources Conservation Services Soil Service Report lists the soil type as "E" (very poor). 1 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT PETITIONER: Mr. Guido Giacometti & Ms. Susan Tius TAX KEY: (3) 6-02-011:018 The Flood Insurance Rate Map designation is Zone X (outside the 500 year flood plain). The intermittent Keanuiomanu stream adjoins the property to the south. Easements to provide for free flowage of this stream are in place, and will not be affected by the reGassificetion, rezoning or subdivision. Drainage easements along the Kanehoa street frontage are in place to provide for locally produced runoff, and they will remain in place as well. Locally produced runoff from the houses will be disposed of onsite. Air quality in the area is excellent due to the prevalent trade winds. No archaeological, cultural or historic skes are known to be located on the property. No endangered species, candidate species proposed for lis8ng as endangered, or native%xo8c plants are known to exist on the property. Scenic views from or across the property are protected by applicable building height regulations. The sodal settlement pattern for the area is low density residential, open pasturage, and small scale agriwltural uses. Ranching, resort, astronomy and service businesses are the predominant economic resources of the area. Land values within the subdivision are currently about E40,000 per acre. Srarounding land uses are residential and agricultural, with agdwltual and rural zoning nearby. D. Public Facilities and Services: The property is accessed across a paved private roadway, owned in common by the Anekona Estates subdivision owners. Right of way width is fifty (50) feet, with pavement width of twenty (20) feet. Title to the property inGudes the right of access across this private road. County water service to the lot is in place, by way of two meters, providing individual service to the existing home and the proposed home. Sanitary sewage disposal for the existing home is by way of an individual cesspool. Sewage disposal for the proposed home will be by way of a wastewater system meeting the requirements of the Slate Department of Health. Solid waste disposal service is available at the Waimea transfer station loceted four miles east. The nearest police station is in Waimea, seven miles east. The nearest fire station is also in Waimea, seven miles east. Afire hydrant is located at the property line fronting Kanehoa sfreet. Public schools are krcated in Waimea, six miles east, and private schools are available in Waimea. Nearest public parks are Waime (six miles east), Hapuna Beach (seven miles west) and Spencer Park (six miles west). Power and telephone service is in place with service provided by HELCO and Hawaiian Tel. E. Environmental Assessment and Analysis: Since the area was subdivided into lots of five acres or more, a number of lot owners have built main homes and ohana dwelling units. Under previous zoning regulations, it was typical for anowner to 'subdivide' their lot by way of the Condominium Property Regime (CPR) rules. This legal step allowed the landowner to sell one or more "apartments" without complying with the County subdivision process. With the adoplon of the current zoning code in 1996, the requested rezoning of the property to RA-2a, and the subsequent subdivision of the subject lot into two lots, will allow for a County review of the change. Redassificetion, rezoning and subdivision will create two legal lots instead or'apartments", which will provide a simpler, more understandable method of holding title. Legal subdivision will facilitate financing and other conveyances. The applicant believes that this approach is preferable to the use of CPR rules, and will enhance value for the property. No change in use is contemplated once subdivided. The property could be developed under CPR rules, providing for a second dwelling unit and the same resulting traffic, viewplane and other impacts. Therefore there will be no change in short or long term impacts due to the granting of this request. No ireversible or irtetrievable commitments of natural resources will occur because of the reGassificetion, rezoning or subdivision. It is therefore felt that the requested changes in State Land Use and County Zoning designations are appropriate and should be granted. 2 I _ O -~Ntt 1 i__ t~~~ f / ~y 1 ~ ~ tl\../1. ' ~ J 1 3 J. W~ C /h o ~SR/k ~ "![x-49 ~ °i i) i y 4 C c ~ ' ~ l/ ~ V IJ 4 l ~ ~r - ' r o ~ ~ ~ ~ ~ L ~ a i' J J. ~ ~ ~ .y 4 ~ ~ ~ . ~ * c N ` M i a, ~ - . ~ ~ 1 ~ _ _ ~ F 0 r~~~ .7' u ~ - - ~ .u a - _ J { ~ M n ~ ` 1~ % ` ~ ~ + i ; l I { rt , ff ~ ~ t Its ~ ~ ~ r~~~ o~ ~ x ~ ~c ':f O1! ~ t ' r ~9 r,q- ~ ~ ~ I •^y ' , ~ 7 9 ~ M o ! 3 tSrt :,i y ~ ~ ~ ~ 9 ~ k t ~ ~ o KANENOA SfREEf n R~ i i i 1ST ~ ~ ~ .1 1 1 i „ 1 1 i i i iZ LCOIU ~ 1 C}p' t3' I,rj• 1, i L90' 4L' Oe - 161.97 atc i 14.14 y 1 - rrE~r R40A0 1 EA59~1f I) EAYfglf 1^~ ~ ASdB1=10 _ 'E ~f 0 ~ ~ ~I ~ ~ l; J ~ ~ IAf < t.OLZ ACREB g~ lOf 16 3 \ -t-fASQINf 'A' 0.613 SQ K. ' VIl~ 73 ' 34710 Wf 19 3i S ~ Y lAf "B' 0.964 ACHES urr. on cars Wf 11 ? \ fASNANf 14 EASfWIf IL ` - - - _ ~ ~ - ~ _ EA56.61f 9 76 ' KEANUIOMANO SfREAM ' ~~9pyt. N. ~ PRELININARY i~' uco~ yFc~ ~~~iA1- Plan Showing woo * * Subdivision of Lot 18 N,,~o of "Anekona Estates Subdivision" 9 p• into Lots "A" and "B" Ak'All, US' elnd Designation of Easement "A" ms ruK rns rnawm Er r a Affecting Lot "A" aufr srrrEmw at South Kohala, Hawaii, Hawaii T.M.K 6-2-11 parcel 18 , i.n-~1`-~ Owner. Guido Giacometti EwsnEeo n1EEV,pnf u+o suvemE rarrEnn xaeec »w Honolulu, HewsH ENGINEER4 S[)RVEYORS HAAAfI, INC. 1020 Auehl Street 98-123 rya, g~HJ®I,q ~Hp 9URV6YOR4 ~ PLAHN6R9 Meq 28, 1998 O L c Y ~ 1 1 x~ i] ~l~f r 1 ^ • ~ ~ _,1 nt`.. 1h~ ~ ~ ~ 1 t ~ m ° ~ p~1 l~~ yR I a i i Y} ~~,1 4,~ ~ i~~{ ~ Y1 i % ~ ~ ~I ~ Yi 1 ` F e i ~ A`~ ® 4 ' ~ ; i! t $ S QT,q~Pf~ 1 a 8 s o t N SSI2~~ ~ ? 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