HomeMy WebLinkAboutCOM 0167.000 1996-1998 y.~.-•
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rR•-~M ~~~~~y William G. Davis
~ Managing Director
Stephen K. Yamashiro •i
Mayor Henry Cho
Deputy Managing Director
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 (BOB) 961-8211 • Fax (808) 961-6553 CO
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 ~ ~
(808) 329-5226 • Fax (808) 326-5663 -~-t
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February 19, 1997 o `7
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Honorable James Y. Arakaki, Chairman ~ cc''n
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 96-29)
Applicant: Geoffrey and Janet Newlon
Request: A-20a to A-Sa
Tax Man~y• 7-3-26.4
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced Change of Zone Application.
Sincerely,
tr~
S phen K mashiro
Mayor
AK:syw
LNew1o01.MAY
Enclosures
cc: Planning CoFnmission
REZ 96-29
9i 11 SO
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FEB 2 0 1997.
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Stephen IC. Yatnashiro
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Mayor
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • IRIo, H~w~ii %720-4252
(808) %1.8288 F.x (SOS) %I-%IS
FEB 1 1997
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 96-29)
Applicant: Geoffrey and Janet Newton
Request: A-20a to A-Sa
Tax Man Key;. 7-3-26:4
The Planning Commission at its duly held public hearing on February 6, 1997, voted to
forward an unfavorable recommendation to the County Council on the above request for a
Change of Zone from Agricultural (A-20a) to Agricultural (A-Sa) for approximately 20.126
acres of land. The property is located in the Kaloko Mauka Subdivision at the 3,200 foot
elevation, along the east side of Hao Street at Kaloko, North Kona, Hawaii.
The unfavorable recommendation was based on the following findings:
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 [he 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.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The Change of Zone Application from Agricultural-20 acres (A-20a) to
Agricultural-5 acres (A-Sa) zoned district does not conform to the following goals,
policies and standards of the General Plan Land Use and Agricultural Elements:
* 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.
* Protect and encourage the intensive utilization of the County's important
agricultural lands.
* Agricultural land shall be used as one form of open space or green belt.
The requested zone change also would not support the following Agriculture
Standard of the Land Use Element of the General Plan:
* The compatibility of agricultural and non-agricultural uses should be carefully
reviewed and where appropriate, buffers required.
* Protect and encourage the intensive utilization of the County's important
agricultural lands.
* The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
* Agricultural land shall be used as one form of open space or as green belt.
* Agricultural lands shall continue to receive preferential treatment. Zoning shall
protect and maintain prime agricultural lands from urban encroachment.
The County Council's Resolution No. 330-96, passed by the Council for the
County of Hawaii on June 19, 1996, established a policy relating to the amendment of
zone district boundaries within Kaloko Mauka and other Kona Watershed and Mauka
Forest Areas. The resolution states that no lands above the 3,000-foot elevation within
the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
the districts of North Kona and South Kona shall be re-classified to any zone district
having a minimum lot size of less than 20 acres except where contiguous lands held
under the same or a cooperative ownership are concurrently placed in a lower density
zoned district with a net effect of maintaining or reducing overall density levels and
enhancing the integrity and value of the region's watershed and forest systems.
The project site is comprised of soils identified as Kiloa Extremely Stony Muck
(rKXD). This soil consists of well-drained, thin, extremely stony organic soils over
fragmental A'a lava and is used primarily for woodland and 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 classified as "Unique Agricultural Land" by the ALISH
System. "Unique Agricultural Land" are lands that have the special combination of
soil, quality, location, growing season and moisture supply and which is used to
produce sustained high quality and/or high yields of a specific crop when treated and
managed according to modern farming methods. The 5+ acre parcels that could be
created would no longer function as a form of open space and green belt and would
take away from the agricultural uses and life style of this area. Zoning becomes the
fundamental means for protecting agricultural lands and "Unique Agricultural Lands"
from speculation land development. These agricultural lands should be protected from
encroachment and reserved for primarily agricultural uses.
The requested A-Sa zoning is inconsistent with the policies of the General Plan
and the Hawaii County Council Resolution No. 330-96. The subdivision of 6 and
14-acre lots would be incompatible with the rural character of lands located within the
upper elevations of Kaloko Mauka Subdivision which are zoned A-l0a and A-20a.
Approval of this request to A-Sa would also allow other parcels to request rezoning,
thereby, creating the proliferation of small lots which would change the character and
uses within the area.
In addition, the applicants state that activities will be limited to a maximum
area of 20 percent of each parcel, and the remainder will be retained in its natural
forested state. However the subject parcel currently has no agricultural activity and the
construction of asingle-family residential unit is the only activity. The applicants
further state that a family garden and orchard will be implemented for the property. It
is unclear whether both lots will have the same family garden and orchard activity,
since they will be subdivided and have different fee owners.
Lands located within the upper regions of Kaloko Mauka Subdivision are
predominantly zoned A-20 and A-10 acre parcels at the 3,000-foot elevation. The
J7` ~
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot
elevation of Hualalai. Between the 1,700 to 2,600-foot elevation the lands are zoned
A-3a and A-20a. At the 2,900-foot elevation, the land are zoned A-Sa and A-20a. At
the 3,000 to 4,200-foot elevation, lands are zoned A-l0a and A-20a. The subject
property is located at the 3,200-foot elevation. The Alala Recovery Plan, prepared in
an effort to preserve the habitat of the critically endangered Alala, recommends that
portions of Kaloko Mauka Subdivision above the 3,200 foot elevation be designated as
"essential habitat" for the Alala. The subject property is also located above the 3,000
foot elevation recommended for a minimum lot size of 20 acres as resolved by the
Hawaii County Council to maintain the regions watershed and forest systems.
The approval of the requested change of zone will alter the existing land use
conditions within Kaloko Mauka Subdivision. Therefore, this request will not
complement the goals, policies and standards of the Land Use and Agricultural
Elements of the General Plan previously cited above.
Therefore, based on the above analysis, it is concluded that the proposed change
of zone cannot be supported at this time. The approval of this change of zone request
under the above circumstances would not be consistent with the General Plan and the
goals, policies and standards of the General Plan and related documents. Also, the
request will not result in a more appropriate land use pattern that will further the
necessity, convenience and welfare of the general public.
As required by the County Council, transmitted is a drafr ordinance amending Section 25-8-2,
the North and South Kona District Zone Map, of the County Zoning Code.
For your information, the Planning Commission expressed concerns on the County Council's
further guidance for the Kaloko Mauka area due to the Council's Resolution No. 330-96,
which was adopted on June 19, 1996. The Council's Resolution No. 330-96 established a
policy relating to amendment of zone district boundaries within the Kaloko Mauka and other
Kona Watershed and mauka forest areas. The resolution states that no lands above the
3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above
sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any
zone district having a minimum lot size of less than 20 acres, with some exceptions.
However, it was pointed out that in September 1996 subsequent to the adoption of said
resolution, the Council adopted two change of zone ordinances which allowed the
Agricultural-10 acre (A-l0a) zone district for two separate properties at the 3,400-foot and the
4,200-foot elevations.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
~
Kevin Balo~~lfairman
Planning Commission
AK: syw
LNewIo02.PC
Enclosures
cc: Mr. Dennis W. Haserot
Geoffrey and Janet Newlon
Department of Public Works
Department of Water Supply
Corporation Counsel
West Hawaii Office
BNEWLOOI.cmm-12/ 16/96
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GEOFFREY AND JANET NEWLON
CHANGE OF ZONE APPLICATION NO. 96-29
GEOFFREY AND JANET NEWLON, has submitted an application for a Change of
Zone for approximately 20.126 acres of land by changing the district classification from
Agricultural (A-20a) to Agricultural (A-Sa). The property is located in the Kaloko Mauka
Subdivision at the 3,200-foot elevation, along the east side of Hao Street at Kaloko, North
Kona, Hawaii, TMK: 7-3-26: 4.
GF._NF. AL INFORMATION
1. Owner: Geoffrey and Janet Newlon aze the fee owners of the subject property.
PROPOSED DEVELOPMENT
2. Request: The owner wishes to subdivide the property into a total of 2 lots in sizes of
6 and 14 acres.
3. Objectives: "The owners wish to subdivide the property into two lots, of
approximately 14 acres and 6 acres. The owners are currently building a home on one
parcel and will sell the other parcel to another couple, who will build a home for
themselves. "
4. Additional Information: The applicant has submitted the following in support of the
request: (See Exhibit A -Applicant's Change of Zone Application)
DECCR_iPTiON OF COUNTY & STATE PL.A`NS
5. SLU: Agriculttual
6. GP LUPAG Map: Extensive Agriculture
7. General Plan Coacistency: Economic and Land Use Elements goals, policies and
courses of action for North Kona.
8. Hawaii State Plan Consistency: Economic objectives and policies.
9. Zoning: Agricultura120-acre (A-20a)
10. SMA: The property is not situated within the Special Management Area (SMA).
DESCRIPTION OF PROPERTY AND StiRROUNDING AR_FAC
11. Subject Property: The subject property is a rectangular shaped lot.
12. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies
soils within the project site as Kiloa Extremely Stony Muck (rKXD), 6 to 20 percent
slopes. This soil consists of well-drained, thin, extremely stony organic soils over
fragmental A'a lava. The surface layer is very dark brown, extremely stony muck
about 10 inches thick. Permeability is rapid, runoff is very slow and the erosion
hazard is slight. This soil is used for woodland and pasture.
13. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "E" (Very Poor) for agricultural productivity by the Land
Study Bureau. This soil is unsuited for machine tilling.
14. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils
within the subject property are classified as "Unique Agricultural Land" by the ALISH
System. "Unique Agricultural Land" are lands that have the special combination of
soil quality, location, growing season and moisture supply and which is used to
produce sustained high quality and/or high yields of a specific crop when treated and
tnanaged according to modem farming methods.
15. FIRM: The subject property is located outside the 500-year flood plain (Zone X).
16. Alala Recovery Plan: This plan dated October 28, 1982, prepazed and approved by
the U.S. Fish and Wildlife Service in cooperation with the Alala Recovery Team,
recommends that certain selected essential habitats be preserved and properly managed
to provide for the continued existence and growth of the population of the Alala, an
endangered bird whose population has reached an extremely critical state. The Central
Kona area along the north and west slopes of Hualalai is considered to be the center of
concentration for breeding Alala. The Plan recommends that portion of the lands of
Kaloko above approximately 3,200 feet to 3,400 feet elevation, including all pazcels in
Blocks 8 thru 13 of Kaloko Mauka Subdivision, be designated as essential habitat for
the Alala. Once such a habitat is "secured", a specific management plan for each
-2-
habitat needs to be developed which would address the improvement of food supplies,
protection from grazing, predators and wildfires, and other management and
monitoring activities to provide for a stable and secure environment for the recovery of
the Alala. The subject property is located at an elevation of approximately 2,500 feet
above mean sea level, below the elevation recommended as an essential habitat.
17. Flora and Fauna: The subject parcel is heavily vegetated and is covered with ohia,
tree fern and a variety of shrubs and non native vegetation. Wildlife seen at the
property consists of turkeys, hawks (I'o), Chinese pheasant and other forest birds.
Though the area above 3,200 feet in Kaloko has been considered an important habitat
for the Alala, recent discussions with Jon Griffm, of DLNR, indicate that there have
been no sightings in Kaloko during this decade.
18. Surrounding Zoning/Land Uses: The Kaloko Mauka Subdivision extends from the
1,700-foot elevation to the 5,700-foot elevation of Hualalai. Between the 1,700 to
2,600-foot elevation, the lands are zoned A-3a and A-20a. At the 2,900-foot elevation,
the lands are zoned A-Sa and A-20a. At the 3,000 to 4,200-foot elevation, lands are
zoned A-l0a and A-20a. (See Exhibit B -Current Zoning Surrounding Properties)
PUBLIC UTILITIES AND SERVICES
19. Roads: Access is off of Hao Street via Kaloko Drive. Kaloko Drive is the
subdivision's primary roadway which has an 80-foot right-of--way with a 22-feet wide
pavement and 8-foot wide grass shoulders.
20. The County Council's Resolution No. 330-96, passed by the County Council for the
County of Hawaii on June 19, 1996, established a policy relating to the amendment of
zone district boundaries within Kaloko Mauka and other Kona Watershed and Mauka
Forest Areas. The resolution states that no lands above the 3,000-foot elevation within
the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in
the districts of North Kona and South Kona shall be re-classified to any zone district
having a minimum lot size of less than 20 acres except where contiguous lands held
under the same or a cooperative ownership are concurrently placed in a lower density
zoned district with a net effect of maintaining or reducing overall density levels and
-3-
enhancing the integrity and value of the region's watershed and forest systems. (See
Exhibit C -Resolution No. 330-96)
21. Services: All essential utilities and services are available to the subject property.
A['FNCIES' COMMENTS
22. Fire Department: (See Exhibit D -December 10, 1996 Memo)
23. Real Property Tax Office (November 29, 1996 Memo):
"There are no cotments at this time. Real Property Taxes are paid through December
31, 1996."
24. Civil Defense (December 5, 1996 Memo):
"In response to the subject memo dated November 18, 1996, I am not quite sure how
to interpret the answers on page 3 (items 8 and 9).
"Thank you for the opportunity to review the application. "
25. Department of Health (November 26, 1996 Memo):
"Health Department found no environmental health concerns with regulatory
implications in the submittals."
26. Department of Public Works (December 24, 1996 Memo):
"We have reviewed the subject application and offer the following comments:
"1. Buildings 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 be
directed toward any adjacent properties.
"3. Applicant shall be informed that if drywells are included in the subject
improvements, an Underground Injection Control (UIC) permit must be applied
for from the Department of Health, State of Hawaii.
"4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii
County Code.
"5. Vehicular access shall meet with the approval of the Department of Public
Works. The sight distance must meet the requirements of the Statewide Design
Manual. All lots should be accessed from one common access road."
-4-
27. Department of Water Supply (December 3, 1996 Memo):
"We have reviewed the proposed change of zone application.
"Water can be made available from an existing 4-inch waterline along Hao Street.
"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 one (1) additional unit requested in the proposed 2-unit development, the
required water commitment deposit is $150.00.
"Remittance by the applicant of the $150.00 is requested as soon as possible so that a
water commitment may be formally issued. The cotrunitment 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.
"Should the subject application be approved and a subdivision application be executed,
approval will be subject to the following conditions:
"1. Construct necessary water system improvements which shall include, but not be
limited to a service lateral that will accommodate a 5/8 inch meter to the
additional lot.
"Submit construction plans and design calculations prepazed by a professional
engineer, land surveyor, or architect, registered in the State of Hawaii, for
review and approval.
"2. Remit the prevailing facilities chazge and capital assessment fee, which aze
subject to change, of $2,700.00 and $500.00, respectively.
"Should the applicant have any questions, please call our Water Resources and
Planning Section at 969-1421."
28. Police Departrnent (December 3, 1996 Memo):
"Accotdiag to the above-referenced change of zone application, eleven applications for
rezonin requesting reclassification from A-20a to A-3a were granted between 1974 to
1994 (refer to page 17, paragraph 1).
"'I'bis application reflects a trend of increasing numbers of rezoning requests in Kaloko
Mauka. If all of these applications are approved, the subdivision could contain three to
four times more lots than was originally planned for when the subdivision was first
approved.
-5-
"In this light, it is our opinion that the roads are not adequate to handle the traffic that
would result should all of these applications be approved.
"Staff submits that rezoning applications in this area be reviewed collectively and not
individually as the applications suggest. We also recommend that the impact on the
Palani Road/Kaloko Drive intersection be carefully considered when approving any
new applications for rezoning in Kaloko Mauka."
29. Land Use Commission (November 26, 1996 Letter):
"We have reviewed the subject Change of Zone application as transmitted by your
memorandum dated November 18, 1996, and have the following comments to offer:
"1) We confirm that the subject parcel, consisting of approximately 20.126 acres,
and identified as TMK: 7-3-26: 4, is within the State Land Use Agricultural
District.
"2) Page 20 of the Supporting Document to the Change of Zone application states
that activities will be limited to a maximum area of 20% of each parcel, and the
remainder will be retained in its natural forested state.
Clarification is needed as to the types of activities that are to be included within
the 20% maximum area.
" 3) Clarification is needed as to the types of agricultural activities that both lots will
be engaged in.
Pursuant to the Attachment to the Change of Zone Application (page 21, et
seq.), it is our understanding that currently, the subject parcel has no
agricultural activity, and the construction of asingle-family residential unit is
the only activity.
However, the Attachment goes on to state that a family garden and orchazd will
be implemented for the property. It is uncleaz whether both lots will have the
satce family gazden and orchard activity, since they will be subdivided and have
different fee owners.
"We have no further comments to offer at this time.
"Please provide information to clazify the above-mentioned items to our office for our
files.
"Thank you for the opportunity to provide comments on this application.
-6-
Applicant's Response (December 15, 1996 Letter):
"Thank you for your comments to the subject application.
"The upper elevations of Kaloko are dense ohi'a forest. Area residents have voiced
concern about clearing and grading activities which often follow rezoning and
subdivision. The restriction on use of the parcels to 20% of each lot is intended to
preserve significant portions of the forest while allowing the owners sufficient space to
build a home with a yard and garden orchard.
"Each lot owner will be allowed to clear no more than 20% of the lot, on which the
residence and any agricultural activities will be located."
"I hope this answers your questions."
30. Department of Transportation (December 2, 1996 Letter):
"Thank you for your transmittal of November 18, 1996.
"The cumulative effect of the planned projects in the Kaloko Mauka Subdivision,
including the subject parcel, will adversely affect Mamalahoa Highway to Kaloko
Drive, and require intersection improvements. Those improvements attributable to the
subject subdivision should be at no cost to the State.
"It is our understanding that developers in the subdivision will be required to contribute
toward the cost for the intersection improvements. The improvements should be
implemented on a timely basis, to be in place to adequately accommodate the build out
of the subdivision.
We appreciate the opportunity to provide comments."
A(:F.NCIES - NO RF.CPONSE
31. Departme~ of Parks and Recreation, Department of Agriculture, Departmeut of
Land and Natural Resource, Natural Resources Conservation Service and HELCO
PU>lL•IC CONS
32. The Department has not received any comments or objections from the general public
or adjacent landowners.
-7-
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAIVAII
PLANNING DEPARTMENT
TMK: 3rd: 7-3-?6:04
Applicant: Geoffrey and Janet Newlon
REASONS FOR REQUESTING THE CHANGE OF ZONE
The owners wish to subdivide the property into two lots, of approximately 14
acres and 6 acres. The owners are currently building a home on one parcel and will sell
the other parcel to another couple, who will build a home for themselves.
ADHERENCE TO GENERAL PLAN POLICY
The parcel currently has a Land Use Designation of Agriculture and County zoning
of A-20ac. The General Plan designates the parcel "Extensive Agriculture."
The proposed rezoning and subdivision into two parcels is consistent with the
General Plan policy:
M. LAND USE
Standards
(1) Agriculture
Policies:
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 expanded form of the above policy can be found in the General Plan Support
Document in the Land Use-Agriculture subsection:
Rural-style residential-agricultural developments may include either small
scale rural communities or extensions of existing rural communities. Such
development provides opportunities for a mix of residential and small scale
agricultural activities. However, the primary intent of these developments
would be to provide an added range to housing opportunities. Along with
this housing, the large lots of these rural areas will provide opportunities
for part-time agriculture, gardening activities and the raising of livestock on
a small scale. By providing opportunities to satisfy the demand for a rural
lifestyle on marginal agricultural land, the pressures to develop our
important agricultural land for these purposes would be decreased.
EXHMBI?
- A'
4.
1
' Kaloko Mauka is an appropriate location for satisfying the General Plan
Land Use Policy. It is an extension of the existing rural community of Kalaoa and
has existing infrastructure of roads, electric power, and water. With overall soil
' classification of "E" (poor), the soil is too stony and irrigation costs are too high for
mechanized or large scale agriculture. The area, however, is well suited to use and
' enjoyment of part-time agriculture, gardening activities, 4-A participation, forest
activities, and cohabitation with wildlife.
The proposed subdivision into two lots is consistent with recent rezoning
' below and above the subject. An effective density of one residence per ten acres has
been established in the immediate area via use zoning and Ohana residences.
1
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SUPPORTING iNFORMATiON AND DOCUMENTS
DESCRIPTION OF PROPERTY
' The subject is a 20.126 acre parcel located at the 3200 foot elevation on the
easterly (mauka) side of Hao Street in Kaloko Mauka subdivision in North Kona.
File Plans for the first four increments of Kaloko Mauka Subdivision, including this
' parcel, were filed prior to enactment of Chapter 23, Hawaii County Subdivision Code.
The owners of individual lots within the subdivision petitioned the County under the
County Improvement District statutes, and Improvement District 10 was created. The
' improvement district was the financing vehicle for installation of the roads, water and
power which service Kaloko Mauka, and the improvements were paid for 100% by the lot
owners.
' CURRENT USES AND ACTIVITIES ON SURROUNDING LANDS
' KALOKO MAUKA SUBDIVISION
The Kaloko Mauka Subdivision originally contained ninety-one parcels extending
' from the 1700 foot elevation to the 5700 foot elevation of Hualalai, in the Ahupuaa of
Kaloko. As a result of rezoning and subdivision activity over the past twenty years, parcel
sizes in the lower elevations, 1700 feet to 2600 feet, are now a mixture of 3-acre and 20-
' acre. The remainder of the lots are 20+ acres in size. Recent zoning reclassifications have
been approved for 5-acre parcels at the 2900 foot elevation and 10-acre parcels at the
3000, 3400, and 4200 foot elevations.
' Uses and activities on parcels of all sizes are typically a combination of residential,
pasture, orchard, and gardens, and might best be described as "family farms".
' A relatively homogenous pattern of land use activities is being established
at all elevations in Kaloko (see map titled Current Activities, page 8). Cattle are
being grazed on parcels at 2200', 3500', and 5,000' and there are nurseries and tree
' farms at different locales throughout, as well as residences. The use of Ohana
regulations and State condominium statutes is resulting in an eRective density of
1 one lot per 10 acres in the upper Kaloko area.
LANDS SURROUNDING THE KALOKO AHUPUAA
r i
Kaloko Mauka is surrounded by three major land owners: The State of Hawaii,
Bishop Estate, and Palani Ranch, (see map titled Major Land Owners, Page 9) .
' Current Uses (see map titled Current Land Use, Page 10)
The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100
' to 3500 feet elevation. These lands are in native forest.
The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the noRh from
3500 to 5400 feet elevation. These lands are currently being grazed by
' Hualalai Ranch.
(o.
• The Palani Ranch lands of Honokohau abut Kaloko tifauka on the south along
its entire boundary. These lands have historically been grazed. Recently, an
eighty acre parcel (4500 to 5700 feet elevation) is being used for forest
products.
• The Kaupulehu Forest Reserve (Bishop Estate) abuts the mauka boundary.
Approximately 75% of the land surrounding Kaloko Mauka has been
used for grazing purposes for many decades. There are no near-term plans
which would alter these uses.
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LEGEND
v ~ , .i rc Racy rowac
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,
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8' ~~1L®I~® Fv1IA~JIf~A
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_ _ f V^M'L^
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~~11 ~ ~ ~ ~ `XUIF N f$f Of 10001
i
~ GRAZING
f ,C Ol.~ G ~ R5~ J.~ _ i-
/ II
1 ~ - - r- -
R, ,y, FORE~T l ~
HA `Z /
Z ~ FOREST
Q t PRODUGT9
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- FOREST
~ ~~~~Z~N ~ - \ 1
~ ~ ~ ~ ~
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(i'~EVIOUSLY'• GRA ING
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SYTRRGQTNIDflNG PRGP]ERTIIES
i
CLIMATE AND RAINFALL
The subject parcel is located at the 3200 foot elevation in Kaloko. Temperatures
at this elevation are approximately fifteen degrees cooler than coastal temperatures. The
existing infrastructure provides access to a unique living and growing climate in West
Hawaii. Average rainfall, according to USGS Report R-47 is approximately 70 inches.
Weekly rainfall records kept by Mr. Wm. Moss for the 20 years between 1973 and 1992 at
the 1500 foot elevation in nearby Kealakehe, indicate that rainfall has been off (less) by
approximately 30% since the current eruptive activity at Kilauea began in 1983. Table 1
below shows annual rainfall figures from the Moss rain gauge.
i As evidenced by activities on surrounding properties, rainfall and climate at
the subject location is conducive to a range of agricultural activities. These include
grazing, orchard, nursery, tree farms and gardening.
ANNUAL VS. PREVIOUS 5-YR AVERAGE
Moss gauge
90.00
BO.OO AVFRAt7g MINFArr PREVfOU$SYR PEPIOD
j 70.00
~ 60.00
a SO.OO
y 40.00
v 30.00
Z 20.00
10.00
0.00
~ e in
i n n e`n. ~ °m m m~ m m m m m iii o~ rn
a a a a a or a m a ae ~i a a~ a rn w w ai m
TABLE 1
1 FLORA AND FAUNA
The subject parcel is forested with ohia, tree fern, and other native trees and
shrubs, as well as non-native vegetation. Wildlife seen at the property consists of turkeys,
hawks (Po), Chinese pheasant, and other forest birds. Though the area above 3200 feet in
Kaloko has been considered an important habitat for the 'Alala, recent discussions with.
Jon Giffin, of DLNR, indicate that there have been no sightings in Kaloko during this
decade.
Vegetative cover is a mixture of native and non-native. The proposed
development has the potential to alter the mixture of plant life, however the low
density of 10-acres per unit and proposed zoning conditions will assure continuation
of habitat for existing wildlife.
11.
I
INFRASTRUCTURE
1 ROADS
The property is accessed from Mamalahoa highway, mauka on Kaloko Drive and
Hao Street approximately 4 miles. Hao Street is a 60 foot right of way with 22 feet paved
' and 8 foot grass shoulders. The grass shoulders have been an effective means of
dispersing runoff from the paved section, and no shoulder erosion is evident in the 20
years since construction.
t The proposed subdivision into two lots will not increase traffic beyond that which
would be generated by construction of a residence and an "Ghana" structure.
The surrounding roadway infrastructure is adequate and the subject development
will have no noticeable impact on traffic. The development will make its "fair
' share" contribution for roadway and other infrastructure impacts prior to final
subdivision.
' WATER
The Department of Water Supply considers the Kaloko Mauka Water System a
separate system from others in Kona. The system consists of transmission and distribution
' lines, pump stations, and seven reservoirs which extend to the 5,000 foot elevation. The
reservoirs have a total capacity of 500,000 gallons, sufficient for a density of one unit for
each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the
' Island wide water rate due to additional pumping costs.
The existing water system in Kaloko has capacity for the subject
' development. Since rainfall is sufficient to support many agricultural uses, these
activities are not expected to burden the system.
ELECTRIC POWER
Electric lines and street lights at intersections were installed as a part of the Kaloko
' Mauka Improvement District.
t
t
ts.
ARCHAEOLOGY
Huehue Ranch, the original developer of Kaloko Mauka, funded an archaeological
study of the Kaloko ahupuaa in 1970 and 1971. These studies included investigation of
' the "Upland Forest Zone" of Kaloko Mauka in chapter 9 of "An Ahupuaa Study: The
1971 Archaeological work at Kaloko Ahupuaa, North Kona", published by the National
Park Service in 1991. The field researchers found remains of an agricultural field system
which extended to the 3500 foot elevation.
Currently a group of owners, who received zoning reclassification earlier this year,
are jointly funding a study which has been coordinated by the State Historic Preservation
Division. This study is designed to provide data on the dating of development of the
agricultural field system within Kaloko and the nature of the vegetation associated with
the fields.
The subject parcel is above the known upper limits of the field system
' described in the original study referenced above. Unless the current study suggests
a potential for archaeological sites on the subject parcel, additional field
investigation seems an unwarranted expense.
DRAINAGE /FLOODING
The Kaloko Mauka area is located on the west flank of Hualalai on relatively
recent lava flows. The GEOLOGIC MAP OF HUALALAI VOLCANO, HAWAII
published by the U.S.G. S. in 1991, shows that the Kaloko area is covered by three periods
of volcanic activity (see map titled Geological Age, page 16). The oldest flow, covering
the largest portion of the ahupuaa, is estimated to be approximately 2700 years old and
covers approximately 80 % of the subject. The youngest flow (ca 1800) extends down
slope to the 2300 foot elevation and covers approximately 20% of the subject.
The relative young age of these flows results in very shallow, rocky soils which are
very well drained. No runoff or erosion has been experienced in Kaloko Mauka since the
road construction in 1973 nor is there any evidence of concentrated runoff in the past.
The nearest storm runoff occurs at Keopu and Hienaloli ahupuaas approximately three
' miles south of the subject on flows estimated at nearly 13,000 years old.
Since no runoff pattern exists in the general area due to the shallow, rocky_
' soils, runoff caused by new paved surfaces can be handled with on-site dry wells.
' l5
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HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA
From the time of completion of subdivision improvements for Kaloko Mauka in
1974 until early 1994, there were thirteen applications for rezoning. All were for
reclassification from A-20a to A-3a. Eleven of the applications were approved. Two, in
1980, were denied due to concern for the 'Alala, believed to reside in the upper elevations.
Zoning conditions imposed on these reclassifications were not consistent and were the
cause of much concern among Kaloko Mauka residents
In December, 1994, six additional rezoning applications were reviewed during the
same Planning Commission hearing. Prior to the hearing, the agent for the applicants
conducted an open forum meeting with owners and residents of Kaloko Mauka. Zoning
conditions were proposed which were designed to address the known concerns of the azea
residents. The Planning Commission forwarded favorable recommendations to the County
Council with the proposed conditions and, after further meetings with Kaloko residents,
resulting in additional conditions, the Council approved the reclassifications in March,
1995.
' In September 1996, two zone change applications were approved for 10-acre
density at the 3400 and 4200 foot elevations. Because of heightened concern for the
forest, watershed, and wildlife values in these regions, additional conditions were placed
on the approvals.
The conditions of approval for these upper elevation parcels, in abbreviated teens, were as
follows:
1. A 100 foot "forest reserve easement" along the existing roads, the
purpose of which is to preserve a native forest buffer along the road;
' 2. A 100 foot building setback along existing roads in lieu of the required
30 foot setback, the purpose of which is to lessen visual impact of
development;
3. A 30 foot "forest reserve easement"along all lot lines not covered by
the 60 foot easement, the purpose of which is to provide additional
forest reserve as well as a buffer between parcels;
4. A provision that no-less-than 80% of the entire lot azea be retained in
forest; _
5. A restriction against second dwellings, the purpose of which is to fix
density at the time of zoning;
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6. A forest management plan shall be prepared and submitted for review
and approval of the Planning Director,
7. Other "standard" conditions regarding archaeological review, drainage
improvements, and "fair share Contributions" to regional infrastructure
needs.
The most recent reclassifications approved by the County Council contained
conditions which were formulated in response to concerns expressed by residents
and owners in Kaloko Mauka. The applicant proposes inclusion of the same
conditions with the subject application.
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PROPOSED USES AND CONDITIONS
The owners wish to subdivide the property into two lots, of approximately 14
acres and 6 acres. The owners are currently building a home on one parcel and will sell
the other parcel to another couple, who will build a home for themselves. Activities will
be limited to a maximum area of 20% of each parcel, with the balance of the lots being
retained in their natural forested state.
Proposed Conditions
The applicant was supportive of the conditions and restrictions placed on the two
recent rezonings and proposes that the same set of conditions be applied to this request.
1. A 100 foot "forest reserve easement" along the existing roads, the
purpose of which is to preserve a native forest buffer along the road;
2. A 100 foot building setback along existing roads in lieu of the required
' 30 foot setback, the purpose of which is to lessen visual impact of
development;
3. A 30 foot "forest reserve easement" along all lot lines not covered by
the 60 foot easement, the purpose of which is to provide additional
forest reserve as well as a buffer between parcels;
4. A provision that no-less-than 80% of the entire lot area be retained in
forest;
5. A restriction against second dwellings, the purpose of which is to fix
density at the time of zoning;
6. A forest management plan shall be prepared and submitted for review
and approval of the Planning Director,
7. A "fair share" contribution reflecting the creation of one new lot.
' The proposed density is consistent with the density/elevation pattern of the most
recent rezonings in Kaloko.
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.4TTACi-L~fE`T
Agncultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAli
APPLICATION FOR CHANCE OF ZONE
1. If your request is approved, do you intend to subdivide the subject `(ey
land in accordance with [he approved change of zone?
If ~ es, 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? 20 PL
b. Into what lot sizes? ~ ~ ~ ~ ~ ~ ' ~ L /1l.
c. [f your request is approved, approximately how long after the
date of approval do you expect to submit yottr subdivision plans ~ }
to the Planning Department for preliminary approval? l Mvw 1~ G
d. Do you intend to build houses on the newly created lots? 1
L` please ansver the following questions:
On how many of those lots? 2
At what approximate price range? House N .A .
Lot
Total
Approximately how long, after approval of the subdivisioq
would the first house be available for txcupanry?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
' 2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firth plans?
b. Sell or lease the land to someone who has five plans?
' c. Sell or lease the land to someone who has, ng plans?
' d. Keep it?
e. Other (please state)
P.D.2 S/8~ 21.
f. [f you intend to do either a, b, c, please elaborate on the kind of plans the
other party has. Please, also, include in }'our answer approximately
how soon after approval of your rezoning do you expect to transfer the
subject land to another pam.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Nu .
How?
q. Are there any buildings on the subject area? ONZ Vut'NtL l.p~.,fS~f~7 •~f'V
If so, what kind? ~
1
What do you intend to do with those buildings if your request is approved?
RC
~ MJ Ah ('tl~~tC,~'F~W
Is the subject land currently being used for any agriculttral activity? IJD
If so, please list the kinds of products grown and on how many square feet or
acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
Tots? tt~ S
If so, did your plan include the following considerations?
a. Commodity to be produced? FANNI„-C aAfLpa+-~
What kinds of commodityT ~ ustr
b. Suitability of the proposed lot-size for that commodity? `CL"a
c. Sufficient farm size to allow reasonable chance of success in
rnmmercial agriculture? du -1.10
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d. Agricultural leases or other forms of assurance that potential buyers or
leases would put the subject area into some form of agricultural use?
Please state the proposed type of arrangement.
Please submit }'our 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 }'ou do not intend to subdivide the subject land for some son of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem u0 Vl:
on the subject area?
If so, please describe the problem.
' 8. Do you think that the roads leading to the subject area needs
improvements?
If so, what kind?
' Is the road adequate for the proposed tra&ic volttme oc load? _t~y
' 9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
No
' a. Schools X
b. Roads K
' c. Sewer x
d. Drainage ~
' -3-
r Yes No
e. Police Protection
£ Fire Protection X
g. Recreational Facilities x
h. Public Utiiities ~
i. Other ~
For those checked ~~yes," please elaborate what t}~pe or kinds of improvements
and/or assistance are needed.
Signattue: ~ w~
Address: ~ 0 . P~ (eZ~1
Telephone: ~Jt't-A ~ 4~`lE3
Date: I ~ • l O • tb
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Refers to rezoning request
summarized in Table I ~ Tr y TLD TID TL,o ~q .no 07/ ~ ~y ~ ~y
Exhibit B ~'~J1[~IIt2~IITFTII~IIFT~ PP D~E~'?'?E j
COUNTY OF HAWAII STATE ')F HAWAII
RESOLUTION NO. 33° 96
ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE
DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA
WATERSHED AND MAUKA FOREST AREAS.
WHEREAS, Kaloko Mauka Subdivision(Subdivision) was established over twenty years
ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of
Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use
district and the county Agricultural - 20 acre (A-20a) zoned district; and
WHEREAS, although a significant amount of the native forest cover has been removed
throughout the original subdivision for pasturage, recreation and residential use since its initial
development, a substantial amount of forest cover remains on lands above the 3,500-foot
elevation above sea level, which lands comprise the upper half of the subdivision; and
WHEREAS, to the north and south of the Subdivision, for the entire length of the makai-
facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level,
all lands are in the state Agricultural land use district(L.U,D.) and the county A-20a zoned
district (or the equivalent, by way of owner-initiated cluster/open space zoned district
combinations) and are in pasture and forest use,with the exception of several forest reserve areas
which are in the state Conservation L.U.D.; and
WHEREAS, from time to time since the initial subdivision was completed, various lot
owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be
further subdivided, and to date most such change of zone applications have been approved by the
council and enacted by ordinance; and
WHEREAS, such rezoning ordinances have established a pattern of(I)Agricultural - 3
acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the
2,600-foot elevation and (2)Agricultural - 5 acre(A-5a) minimum lot size densities in a narrow
band immediately above the A-3a zoned district,extending to the 2,900 foot elevation; and
WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains
in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision
reportedly have one or more single family dwellings thereon and approximately fifty percent are
reportedly improved with two or more dwellings;and
Exhibit C
WHEREAS, sever ,roperty owners have cited these heig}.. _.ied levels of effective
density and initiated requests for rezonings of lands in the upper half of the Subdivision from th~-
A-20a zoned district to an Agricultural - 10 aae (A-I Oa) zoned district, which requests, if
approved by the council, would indicate a zoning policy supportive often acre minimum lot
sizes throughout the upper half of the Subdivision; and
WHEREAS, the council believes that most lots improved with two dwellings have done
so by creating "virtual subdivisions" often acre property interests under provisions of the state
Condominium Property Regime (C.P.R) law, which regime creates multiple saleable and
mortgageable interests on a single lot without regard to the county zoned district such lot may be
in; and
WHEREAS, while the council is concerned that the limited right to build additional
dwellings on agricultural lots may have been distorted into over use in this and other rural
subdivisions through the application of the C.P.R law, it finds that such misuse should not be
cause to compromise the value and force of county zoning powers, and instead may be reason for
the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land
use district; and
WHEREAS, the council believes that inning lands in the upper half of the Subdivision,
far above the elevation where the A-20a districts begin throughout the rest of this region, will
effectively sanction the existing practice of condominium divisions of agricultural lands within
the County of Hawaii, promote its use as pre-ausor of up-zoning pressures throughout the
island's watersheds and signify that ten acre lot densities may be acceptable within the watershed
elevations without any commensurate lowering of densities in surrounding areas; and
WHEREAS, the council desires to protect and maintain the low density use pattern long
established for the mauka, watershed lands of the island of Hawaii, and the Kona region in
particulaz, for a variety of environmental and service management reasons.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or
the 2,300-foot elevation above sea level elsewhere in the districts of North Kona and South Kona
shall be re-classified to any zone district having a minimum lot size of less than 20 acres except
where contiguous lands held under the same or a cooperative ownership aze concurrently placed
in a lower detrsity zoned district with a net effect of maintaining or reducing overall density
levels and enhancing the integrity and value of the region's watershed and forest systems.
' BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of
this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia
Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning
Commission.
Dated: Hilo, Hawaii, this 19th day of June 1996.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL
County of Hawau AYES NOES ABS EX
Hilo, Hawaii
Arakaki X
Bonk-Abramson X
I hereby certify that the foregoing RESOLUTION was by the a" lds X
vote indicated to the right hereof adopted by the COUNCIL of ~ Coma X
the County of Hawaii on June 19, 1996 ~O""ng° X
Osorio X
Rath X
ATTEST: ~ / Ray X
/ _ Smith X
l GGCC.... 6 2 1 0
Reference C-1199/PC-124
COUNTY k PRESIDING OFFICER RESOLUTION NO.
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,~o'~~'~' Alelson ~l. TsujV
Stephen i:. Yamashiro L - ~I
Mayor Edwazd Bumatay
Deputy Fve Ch~rf
~A,~.o7.?~"'~
~IIIiITf~1 II~ ~tI~tl~[jj
FIRE DEPARTMENT
777 Kilauea Avenue • Mall We, Room 6 • Hilo, Hawaii 96720-1739
(808) 961-8297 • Fax (8081 961-82%
December 10, 1996
O
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To: Virginia Goldstein, Planning Director
From: Nelson M. Tsuji, Fire Chief
-
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-29) ~
APPLICANT: GEOFFREY & JANET NEWLON
REQUEST: A-20a TO A-5a
TAX MAP KEY: 7-3-26:4
The Fire Department's requirements as stated in the Fire Code are:
"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) Where Required. Fire apparatus access roads shall be
required for every building hereafter constructed when any
portion of an exterior wall of the first story is located more
than 150 feet from fire department vehicle access as measured
by an unobstructed route around the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected
with an approved automatic fire sprinkler system, the
provisions of this section may be modified.
"2. When access roadways cannot be installed due to
topography, waterways, nonnegotiable grades or other
similar conditions, the chief may require additional fire
protection as specified in Section 10.301 (b).
~xHr~it g; 29a
To: Virginia Goldstein, Planning Director
Page 2
December 10, 1996
"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.
"EXCEPTION: Upon approval vertical clearance may be
reduced, provided such reduction does not impair access
by fire apparatus and approved signs are installed and
maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or
widths required by this section may be increased when, in the
opinion of the chief, vertical clearances or widths are not
adequate to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus
and shall be provided with a surface so as to provide all-
weather driving capabilities." (20 tons)
"(g) Turning Radius. The turning radius of afire apparatus
access road shall be as approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads
in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus.
To: Virginia Goldstein, Planning Director
Page 3
December 10, 1996
"(i) Bridges. When a bridge is required to be used as access
under this section, it shall be constructed and maintained in
accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the
imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road
shall not exceed the maximum approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus
access road shall not be obstructed in any manner, including
parking of vehicles. Minimum required widths and 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."
"INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY
SYSTEMS AND APPLIANCES
"Installation
"Sec. 10.301. (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 flow.
"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.
To: Virginia Goldstein, Planning Director
Page 4
December 10, 1996
"(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."
2
Fire Chief
NMT/mo
. - ,
' ~ / ' ^ / Newton
IN V
J
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
KALOKO MAUKA SUBDIVISION
LOT 10 BLOCK 7
TMK 7-3-26:04
20.126 acres
A-20a to A-Sa
OwnerlApplicant: Geoffrey and Janet Newton
P.O.Bo: 735
Kailua-Kona, HI 96715
Owner's Agcnt: Dennis W. Haserot
P.O. Box 6251
Kamuela, HI 96713
Tcl: sas-2118
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT: Geof a Jan a on
APPLICANT'S SIGNATURE:
ADDRESS: P.O. Box `735
Kailua-Kona, HI 96745
LIST APPLICANT'S INTEREST ZF NOT OWNER
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS
TELEPHONE-BUSINESS: 329-1005 RESIDENCE:
REQUEST: A-20a TO A-5a
(Existing zoning) (Proposed zoning)
TAX MAP KEY: TMK 7-3-26604
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.126 ACRES
LANDOWNER(S): Same as above
OWNER'(S) SIGNATORY AUTHORIZATION
(May be by letter)
AGENT: Dennis W. Haserot
ADDRESS: P.O. Box 6251
Kamuela, HI 96745
TELEPHONE-BUSINESS: 885-2148 _ RESIDENCE: 885-0874
Please indicate to whom original correspondence and copies should be
sent. ORIGINAL Aqent COPIES Applicant
TMK 7-3-26:04
Applicant: Geoffrey and Janet Newlon
TABLE OF CONTENTS
APPLICATION i
VICINITY MAP 1
LOCATION MAP 2
SITE PLAN 3
REASONS FOR REQUESTING CHANGE OF ZONE 4
. Adherence to General Plan Policy
SUPPORTING INFORMATION AND DOCUMENTS
. Description of Property 6
. Current Uses and Activities on Subject Parcel 6
. Current Uses and Activities on Surrounding Lands 6
• Climate and Rainfall I1
.Flora and Fauna 11
.Infrastructure 13
.Archaeology 15
.Drainage 15
.History of Zoning Applications in Kaloko Mauka 17
PROPOSED USES AND CONDITIONS 20
ZONING QUESTIONNAIRE 21
LIST OF MAPS AND TABLES
VICINITY 1
LOCATION 2
SITE PLAN 3
CURRENT ACTIVITIES, KALOKO MAUKA 8
MAJOR LAND OWNERS, SURROUNDING PROPERTIES 9
CURRENT LAND USE, SURROUNDING PROPERTIES 10
TABLE 1 ANNUAL RAINFALL, 1973-1992 I 1
ANNUAL RAINFALL ISOHYET 12
EXISTING WATER SYSTEM 14
GEOLOGICAL AGE 16
CURRENT ZONING, SURROUNDING PROPERTIES 19
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~ ~ TM~~~ 7-3-6:04
3,
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
TMK: 3rd: 7-3-26:04
Applicant: Geoffrey and Janet Newton
REASONS FOR REQUESTING THE CHANGE OF ZONE
The owners wish to subdivide the property into two lots, of approximately 14
acres and 6 acres. The owners are currently building a home on one parcel and will sell
the other parcel to another couple, who will build a home for themselves.
ADHERENCE TO GENERAL PLAN POLICY
The parcel currently has a Land Use Designation of Agriculture and County zoning
of A-20ac. The General Plan designates the parcel "Extensive Agriculture."
The proposed rezoning and subdivision into two parcels is consistent with the
General Plan policy:
M. LAND USE
Standards
(1) Agriculture
Policies:
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 expanded form of the above policy can be found in the General Plan Support
Document in the Land Use-Agriculture subsection:
Rural-style residential-agricultural developments may include either small
scale rural communities or extensions of existing rural communities. Such
development provides opportunities for a mix of residential and small scale
agricultural activities. However, the primary intent of these developments
would be to provide an added range to housing opportunities. Along with
this housing, the large lots of these rural areas will provide opportunities
for part-time agriculture, gardening activities and the raising of livestock on
a small scale. By providing opportunities to satisfy the demand for a rural
lifestyle on marginal agricultural land, the pressures to develop our
important agricultural land for these purposes would be decreased.
4.
~ ,J
Kaloko Mauka is an appropriate location for satisfying the General Plan
Land Use Policy. It is an extension of the existing rural community of Kalaoa and
has existing infrastructure of roads, electric power, and water. With overall soil
classification of "E" (poor), the soil is too stony and irrigation costs are too high for
mechanized or large scale agriculture. The area, however, is well suited to use and
enjoyment of part-time agriculture, gardening activities, 4-H participation, forest
activities, and cohabitation with wildlife.
The proposed subdivision into two lots is consistent with recent rezoning
below and above the subject. An effective density of one residence per ten acres has
been established in the immediate area via use zoning and Ohana residences.
6.
SUPPORTING INFORMATION AND DOCUMENTS
DESCRIPTION OF PROPERTY
The subject is a 20.126 acre parcel located at the 3200 foot elevation on the
easterly (mauka) side of Hao Street in Kaloko Mauka subdivision in North Kona.
File Plans for the first four increments of Kaloko Mauka Subdivision, including this
parcel, were filed prior to enactment of Chapter 23, Hawaii County Subdivision Code.
The owners of individual lots within the subdivision petitioned the County under the
County Improvement District statutes, and Improvement District 10 was created. The
improvement district was the financing vehicle for installation of the roads, water and
power which service Kaloko Mauka, and the improvements were paid for 100% by the lot
owners.
CURRENT USES AND ACTIVITIES ON SURROUNDING LANDS
KALOKO MAUKA SUBDIVISION
The Kaloko Mauka Subdivision originally contained ninety-one parcels extending
from the 1700 foot elevation to the 5700 foot elevation of Hualalai, in the Ahupuaa of
Kaloko. As a result of rezoning and subdivision activity over the past twenty years, parcel
sizes in the lower elevations, 1700 feet to 2600 feet, are now a mixture of 3-acre and 20-
acre. The remainder of the lots are 20+ acres in size. Recent zoning reclassifications have
been approved for 5-acre parcels at the 2900 foot elevation and 10-acre parcels at the
3000, 3400, and 4200 foot elevations.
Uses and activities on parcels of all sizes are typically a combination of residential,
pasture, orchard, and gardens, and might best be described as "family farms".
A relatively homogenous pattern of land use activities is being established
at all elevations in Kaloko (see map titled Current Activities, page 8). Cattle are
being grazed on parcels at 2200', 3500', and 5,000' and there are nurseries and tree
farms at different locales throughout, as well as residences. The use of Ohana
regulations and State condominium statutes is resulting in an effective density of
one lot per 10 acres in the upper Kaloko area.
LANDS SURROUNDING THE KALOKO AHUPUAA
Ownership
Kaloko Mauka is surrounded by three major land owners: The State of Hawaii,
Bishop Estate, and Palani Ranch, (see map titled Major Land Owners, Page 9)
Current Uses (see map titled Current Land Use, Page 10)
The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100
to 3500 feet elevation. These lands are in native forest.
The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from
3500 to 5400 feet elevation. These lands are currently being grazed by
Hualalai Ranch.
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• The Palani Ranch lands of Honokohau abut Kaloko Mauka on the south along
its entire boundary. These lands have historically been grazed. Recently, an
eighty acre parcel (4500 to 5700 feet elevation) is being used for forest
products.
• The Kaupulehu Forest Reserve (Bishop Estate) abuts the mauka boundary.
Approximately 75% of the land surrounding Kaloko Mauka has been
used for grazing purposes for many decades. There are no near-term plans
which would alter these uses.
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CLIMATE AND RAINFALL
The subject parcel is located at the 3200 foot elevation in Kaloko. Temperatures
at this elevation are approximately fifteen degrees cooler than coastal temperatures. The
existing infrastructure provides access to a unique living and growing climate in West
Hawaii. Average rainfall, according to USGS Report R-47 is approximately 70 inches.
Weekly rainfall records kept by Mr. Wm. Moss for the 20 years between 1973 and 1992 at
the 1500 foot elevation in nearby Kealakehe, indicate that rainfall has been off (less) by
approximately 30% since the current eruptive activity at Kilauea began in 1983. Table 1
below shows annual rainfall figures from the Moss rain gauge.
As evidenced by activities on surrounding properties, rainfall and climate at
the subject location is conducive to a range of agricultural activities. These include
grazing, orchard, nursery, tree farms and gardening.
ANNUAL VS. PREVIOUS 5-YR AVERAGE
Moss gouge
90.00
6n 00 AVERAGE RAINFALL, PREVIO[15 SYR PERIOD
J 70.00
LL 60.00 ~
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rn 40.00
= 30.00
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m rn rn rn rn m rn rn rn rn rn rn m rn rn rn rn rn rn rn
TABLE 1
FLORA AND FAUNA
The subject parcel is forested with ohia, tree fern, and other native trees and
shrubs, as well as non-native vegetation. Wildlife seen at the property consists of turkeys,
hawks (I'o), Chinese pheasant, and other forest birds. Though the area above 3200 feet in
Kaloko has been considered an important habitat for the 'Alala, recent discussions with
Jon Giffin, of DLNR, indicate that there have been no sightings in Kaloko during this
decade.
Vegetative cover is a mixture of native and non-native. The proposed
development has the potential to alter the mixture of plant life, however the low
density of 10-acres per unit and proposed zoning conditions will assure continuation
of habitat for existing wildlife.
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INFRASTRUCTURE
ROADS
The property is accessed from Mamalahoa highway, mauka on Kaloko Drive and
Hao Street approximately 4 miles. Hao Street is a 60 foot right of way with 22 feet paved
and 8 foot grass shoulders. The grass shoulders have been an effective means of
dispersing runoff from the paved section, and no shoulder erosion is evident in the 20
years since construction.
The proposed subdivision into two lots will not increase traf£c beyond that which
would be generated by construction of a residence and an "Ghana" structure.
The surrounding roadway infrastructure is adequate and the subject development
will have no noticeable impact on traffic. The development will make its "fair
share" contribution for roadway and other infrastructure impacts prior to final
subdivision.
WATER
The Department of Water Supply considers the Kaloko Mauka Water System a
separate system from others in Kona. The system consists of transmission and distribution
lines, pump stations, and seven reservoirs which extend to the 5,000 foot elevation. The
reservoirs have a total capacity of 500,000 gallons, sufficient for a density of one unit for
each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the
Island wide water rate due to additional pumping costs.
The existing water system in Kaloko has capacity for the subject
development. Since rainfall is sufficient to support many agricultural uses, these
activities are not expected to burden the system.
ELECTRIC POWER
Electric lines and street lights at intersections were installed as a part of the Kaloko
Mauka Improvement District.
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ARCHAEOLOGY
Huehue Ranch, the original developer of Kaloko Mauka, funded an archaeological
study of the Kaloko ahupuaa in 1970 and 1971. These studies included investigation of
the "Upland Forest Zone" of Kaloko Mauka in chapter 9 of "An Ahupuaa Study: The
1971 Archaeological work at Kaloko Ahupuaa, North Kona", published by the National
Park Service in 1991. The field researchers found remains of an agricultural field system
which extended to the 3500 foot elevation.
Currently a group of owners, who received zoning reclassification earlier this year,
are jointly funding a study which has been coordinated by the State Historic Preservation
Division. This study is designed to provide data on the dating of development of the
agricultural field system within Kaloko and the nature of the vegetation associated with
the fields.
The subject parcel is above the known upper limits of the field system
described in the original study referenced above. Unless the current study suggests
a potential for archaeological sites on the subject parcel, additional field
investigation seems an unwarranted expense.
DRAINAGE /FLOODING
The Kaloko Mauka area is located on the west flank of Hualalai on relatively
recent lava flows. The GEOLOGIC MAP OF HUALALAI VOLCANO, HAWAII
published by the U.S.G.S. in 1991, shows that the Kaloko area is covered by three periods
of volcanic activity (see map titled Geological Age, page 16). The oldest flow, covering
the largest portion of the ahupuaa, is estimated to be approximately 2700 years old and
covers approximately 80 % of the subject. The youngest flow (ca 1800) extends down
slope to the 2300 foot elevation and covers approximately 20% of the subject.
The relative young age of these flows results in very shallow, rocky soils which are
very well drained. No runoff or erosion has been experienced in Kaloko Mauka since the
road construction in 1973 nor is there any evidence of concentrated runoff in the past.
The nearest storm runoff occurs at Keopu and Hienaloli ahupuaas approximately three
miles south of the subject on flows estimated at nearly 13,000 years old.
Since no runoff pattern exists in the general area due to the shallow, rocky
soils, runoff caused by new paved surfaces can be handled with on-site dry wells.
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V
HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA
From the time of completion of subdivision improvements for Kaloko Mauka in
1974 until early 1994, there were thirteen applications for rezoning. All were for
reclassification from A-20a to A-3a. Eleven of the applications were approved. Two, in
1980, were denied due to concern for the 'Alala, believed to reside in the upper elevations.
Zoning conditions imposed on these reclassifications were not consistent and were the
cause of much concern among Kaloko Mauka residents
In December, 1994, six additional rezoning applications were reviewed during the
same Planning Commission hearing. Prior to the hearing, the agent for the applicants
conducted an open forum meeting with owners and residents of Kaloko Mauka. Zoning
conditions were proposed which were designed to address the known concerns of the area
residents. The Planning Commission forwarded favorable recommendations to the County
Council with the proposed conditions and, after further meetings with Kaloko residents,
resulting in additional conditions, the Council approved the reclassifications in March,
1995.
In September 1996, two zone change applications were approved for 10-acre
density at the 3400 and 4200 foot elevations. Because of heightened concern for the
forest, watershed, and wildlife values in these regions, additional conditions were placed
on the approvals.
The conditions of approval for these upper elevation parcels, in abbreviated terms, were as
follows:
1. A 100 foot "forest reserve easement" along the existing roads, the
purpose of which is to preserve a native forest buffer along the road;
2. A 100 foot building setback along existing roads in lieu of the required
30 foot setback, the purpose of which is to lessen visual impact of
development;
3. A 30 foot "forest reserve easement" along all lot lines not covered by
the 60 foot easement, the purpose of which is to provide additional
forest reserve as well as a buffer between parcels;
4. A provision that no-less-than 80% of the entire lot area be retained in
forest;
5. A restriction against second dwellings, the purpose of which is to fix
density at the time of zoning;
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o •
6. A forest management plan shall be prepared and submitted for review
and approval of the Planning Director,
7. Other "standard" conditions regarding archaeological review, drainage
improvements, and "fair share Contributions" to regional infrastructure
needs.
The most recent reclassifications approved by the County Council contained
conditions which were formulated in response to concerns expressed by residents
and owners in Kaloko Mauka. The applicant proposes inclusion of the same
conditions with the subject application.
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PROPOSED USES AND CONDITIONS
The owners wish to subdivide the property into two lots, of approximately 14
acres and 6 acres. The owners are currently building a home on one parcel and will sell
the other parcel to another couple, who will build a home for themselves. Activities will
be limited to a maximum area of 20% of each parcel, with the balance of the lots being
retained in their natural forested state.
Proposed Conditions
The applicant was supportive of the conditions and restrictions placed on the two
recent rezonings and proposes that the same set of conditions be applied to this request.
1. A 100 foot "forest reserve easement" along the existing roads, the
purpose of which is to preserve a native forest buffer along the road;
2. A 100 foot building setback along existing roads in lieu of the required
30 foot setback, the purpose of which is to lessen visual impact of
development;
3. A 30 foot "forest reserve easement" along all lot lines not covered by
the 60 foot easement, the purpose of which is to provide additional
forest reserve as well as a buffer between parcels;
4. A provision that no-less-than 80% of the entire lot area be retained in
forest;
5. A restriction against second dwellings, the purpose of which is to fix
density at the time of zoning;
6. A forest management plan shall be prepared and submitted for review
and approval of the Planning Director,
7. A "fair share" contribution reflecting the creation of one new lot.
The proposed density is consistent with the density/elevation pattern of the most
recent rezonings in Kaloko.
ZD,
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ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANCE OF ZONE
1. If your request is approved, do you intend to subdivide the subject ~ES
land in accordance with the approved change of zone?
If please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
b. Into what lot sizes? 1 'L'' ~ ~ ~ ~ ~ ~ (J a~-
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? ~ r"~'^~~~','~G
d. Do you intend to build houses on the newly created lots? e.b
If yes, please answer the following questions:
On how many of those lots?
A[what approximate price range? House N •A
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
farm.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has, no plans?
d. Keep it?
e. Other (please state)
P.D. 2 5/83 21.
3
f. If you intend to do either a, b, c, please elaborate on [he kind of plans the
other party has. Please, also, include in your answer approximately
haw soon after approval of your rezoning do you expect [o 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? NU
How?
4. Are there any buildings on the subject area? 01J6 UUOI~tL t.~.f~N
If so, what kind? b ,F , (1,9~~(7diat,6
What do you intend to do with those buildings if your request is approved?
Is the subject land currently being used for any agricultural activity? NO
If so, please list the kinds of products grown and on how many square fee[ or
acres of land per product.
6. Was your request to allow for [he creation of smaller agricultural
lots? e` S
If so, did your plan include the following considerations?
a. Commodity to be produced? FAYNN.K G~°~'
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What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity? `~V"~
c. Sufficient farm size to allow reasonable chance of success in r
commercial agriculture? . ~ WE `
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d. Agricultural leases or other forms of assurance that potential buyers or
leases would put the subject area into some form of agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem N0 VL
on the subject area?
If so, please describe the problem.
8. Do you think that the roads leading to the subject area needs L,,e~
improvements'? -1
If so, what kind?
~~S
Is the road adequate for the proposed traffic volume or load?
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads ~
c. Sewer x
d. Drainage ~
-3-
Yes No
e. Police Protection 1L
f. Fire Protection X
g. Recreational Facilities x
h. Public Utilities ~
~0
i. Other
For those checked eyes," please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: ~
Address: ~~0 ~°Z, 11..
Telephone: ~`y~-''4 ~l Q~~E~
Date: ~ ~ ~ ~ ~~O
3.