HomeMy WebLinkAboutCOM 0787.000 2002-2004 J~tv or x~
Harry Ktm Dixie Kaetsu
Mnyor j• ~ - Managing Director
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iy ; 1 JLI ~,j 1l_ Ci ~ Peter L. Hendricks
~r~ oi'M~ Deputy Managing Director
COUNTY OF H~1ji~V,~1II
25 Aupuni Stree[, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
September 22, 2004
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 04-010)
Applicant: Thad E. Bond
Request: A-20a to A-10a
Tax Map Key: 7-3-27:21
? Change of Zone Application (REZ 04-011)
Applicant: Phil Knierim
Request: A-20a to FA-3a
Tax Map Key: 7-3-25:07
State Land Use Boundary Amendment Application (SLU 04-007)
Request: Agricultural to Urban
Change of Zone Application (REZ 04-012)
Request: A-5a to RS-20
Applicant: Lillian Mahi
Tax Map Key: 7-3-11:68
Change of Zone Application (REZ 04-013)
Applicant: Mitsugi Komo Revocable Trust
Request: A-Sato FA-3a
Tax Map Key: 7-5-24:25
Change of Zone Application (REZ 04-017) .
Applicant: Alyssa Ackerman
Request: A-20a to FA-la
Tax Map Key: 5-5-4:33
Amendment to Change of Zone Ordinance No. 91-71 (REZ 628)
Applicant: Kona Oasis, Inc.
Tax Map Key: 7-5-9:40 Comm. No.
Ref. To:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
As required by Chapter 4, Sec. 6-4.3(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,
(_~,~1 ~k
Harry Kim
Mayor
L090304may
Enclosures
cc: Planning Department
Hawaii County is an Equal Opportunity Employer and Provider
4OVNt Y•01 N,1w1
Harry Kim
Mayo, ~Ci'' ~ ~r ((r ~ n
1r~ p'.N';~~
County of Hawaii
PLANNING COMMISSION
l01 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
September 21, 2004
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 04-011)
Applicant: Phil Knierim
Request: A-20a to FA-3a
Tax Map Key: 7-3-25:07
The Planning Commission, after a duly held public hearing on September 3, 2004, voted to
recommend for your approval the proposed legislative bill to change the district classification
from Agricultural 20-acre (A-20a) to a Family Agricultural 3-acre (FA-3a) district for
approximately 20.477 acres of land. The property is located along the north side of Kaloko Drive
at the northern corner of Kaloko Drive and Mahi Street, Kaloko Mauka Subdivision, Kaloko,
North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a Change of Zone from Agricultura120-acre (A-20a)
to Family Agricultural 3-acre (FA-3a) for approximately 20.477 acres of land to
subdivide the properties into six lots approximately three acres in size to be used as
residential/agricultural lots. The applicant proposes to construct dwellings on one or two
lots. Each dwelling is estimated to cost approximately $350,000. There are two existing
dwellings on the site.
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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
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 similaz azeas in the
County.
The Change of Zone request from an Agricultural 20-acre (A-20a) to the Family
Agricultural 3-acre (FA-3a) district will conform to the goals, policies and standards of
the General Plan Economic and Land Use elements. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic urban and non-urban form for areas within
the County. The area is designated Orchards. Orchards are agricultural lands which
though rocky in character and content support productive macadamia nuts, papaya, citrus,
and other similar agricultural products. Soils within the property are identified as Kiloa
Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony
organic soils over fragmental A`a lava and used primarily for woodland and pasture. The
Land Study Bureau's Detailed Land Classification System identifies soils on the property
as "E" or "Very Poor" for agricultural productivity. The ALISH System classifies soils
within the property as Other Important Agricultural Lands, which include lands other than
Prime or Unique Agricultural Land that is also of statewide or local importance for
agricultural use. The Federal Emergency Management Agency Flood Insurance Rate
Map (FIRM) designates the property as Zone "X", an area determined to be outside of the
500-year flood plain.
The property is located on the north side of Kaloko Drive in the Kaloko Mauka
Subdivision at approximately the 2,200-foot elevation. Lands to the north aze zoned
Agricultura120-acre (A-20a), and land to the south across Kaloko Drive is zoned Family
Agricultural 3-acre (FA-3a). Lands to the east and west are zoned Agricultural 3-acre
(A-3a). Surrounding properties are in low-density residential uses surrounded by pasture
and forest land. There are some small pasture and nursery areas within the subdivision.
The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the
2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the
north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai
Ranch. The Palani Ranch abuts the property along its southern boundary. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision.
The proposed access to the property is from Mahi Street and Kaloko Drive, a
22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of--ways,
according to the applicant. Kaloko Drive intersects with the Mamalahoa Highway less
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
than two miles below the property. The Department of Transportation (DOT) is
concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the
cumulative impact of these changes on the intersection of Mamalahoa Highway and
Kaloko Drive. The DOT has stated that the intersection must be improved due to the
additional traffic and activity on the roads from the cumulative effect of the land use
change, and recommends the following:
• Illuminate the intersection at night
• Channelize turning movements at the intersection
• Other safety improvements
The DOT has further stated that their understanding is that the intersection
improvements will be implemented by the County at no cost to the State. The DOT
requests that all plans for improvements within the State highway right-of--way be
submitted to the Highways Division for review and approval. Similar comments have
been received for other change of zone requests in the Kaloko Mauka Subdivision. The
Department of Transportation, Department of Public Works, and the applicant have all
acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive
intersection. The roadway improvements are essential since similar changes of zone may
occur throughout the Kaloko Mauka Subdivision and the creation of additional home
sites would place an increased burden on traffic at the intersection. The Mamalahoa
Highway-Kaloko Drive intersection is of a "T" configuration without channelization
improvements. Conditions of approval will be included to address the Department of
Transportation's concerns.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultural activities or the
presentation of the lands within the proposed subdivision in a manner consistent with the
Orchard designation by the General Plan LUPAG Map and Other Important Agricultural
Land designation by the ALISH system. The requested FA-3a zoning is consistent with
the recommendation of the Kona Regional Plan. The proposed subdivision would be
compatible with the rural character of lands located within the Kaloko Mauka
Subdivision. A condition will be included to incorporate covenants restricting the
construction of second dwelling units on each subdivided lot.
According to a December 27, 1999 aerial photograph of the Kaloko Mauka
Subdivision, the property has been cleared in the past. According to the applicant,
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest
birds. Vegetative cover is a mixture of native and non-native species. The proposed
development has the potential to alter the mixture ofplant life, however, the low density
of the proposed development and conditions applied to previous rezonings will assure the
continuation of habitat for existing wildlife.
The `Alala Recovery Plan dated October 28, 1982, prepared 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 the 3,200 feet to 3,400 feet elevation, including all parcels
in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential
habitat for the `Alala. Once such a habitat is secured, a specific management plan for
each 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 enviromnent for the recovery of
the `Alala. The property is located within Block 5 at approximately the 2,200-foot
elevation.
As part of the Office of State Planning's five-year State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the
Conservation District for protection as a watershed recharge area. The Kona Watershed,
which provides for the recharge of aquifers which supplies most of Kona's drinking
water, includes those lands located within the Kaloko Mauka Subdivision and situated
above the 1,900 foot elevation, which includes the property. The property, located at the
2,200-foot elevation, does not seriously compromise the recommendations ofthese
studies beyond existing conditions. The property is located at or near the elevation
recommended for preservation as a habitat for the `Alala. Although the property is
located within the water recharge area, the condition will be included to retain 67% of the
forest cover on the site to preserve the watershed qualities and watershed area. Approval
of the requested change of zone will not alter the existing land use conditions within
Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow
for a variety of agricultural activities to be conducted on the property.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
In addressing potential adverse visual impacts the clearing of the property for
individual home sites and agricultural uses may have on the existing upland forest
character within the area, the applicant has proposed the following:
• a 60-foot wide "forest reserve easement" for buffer purposes along the existing
roadway;
• a 30-foot "forest reserve easement" along all lot lines not covered by the 60-
foot easement;
• a 60-foot wide structural setback along the existing roadways in lieu of the
required 30-foot setback along the property's public street frontage to provide
an additional buffer;
• at least 50% of the lot area to be retained in forest;
Conditions will be included to preserve the forest corridor along the roads of the
Kaloko Mauka Subdivision. Although the applicant has proposed that at least 50% of the
lot area be retained in forest, the Planning Director is recommending that at least 67% be
retained in forest to be consistent with Ordinance No. 02 105, effective September 12,
2002 for a change of zone from A-20a to FA-3a on TMK: 7-3-24: 11. Also
recommended are conditions to restrict against the construction of a second dwelling and
a preparation of a conservation plan for each subdivided lot, and a "fair share"
contribution to mitigate any potential impacts.
There have been several archaeological studies conducted in the area. An
archaeological investigation of the Kaloko ahupua`a was conducted in 1970 and 1971 by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of
an agricultural field system up to the 3,500-foot elevation at certain locations. According
to the applicant, there is no record of historic sites on the property in either the National
or State Registers. By letter dated Apri124, 2004, the applicant has requested a "no
effect" letter from the State Department of Land and Natural Resources Historic
Preservation Division."
The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to
Coastal Zone Management. The property is not located in the Special Management Area.
The site is located approximately seven miles mauka of the shoreline and therefore will
not be impacted by coastal hazard and beach erosion. There is no record of a designated
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
public access that traverses the property. According to the applicant, no valued cultural,
historical or natural resources exist on the properties and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is
not anticipated that the proposed request will have any adverse impact on cultural or
historical resources in the area.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal azchaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing azchaeological studies of the immediate area.
• The valued cultural historical and natural resources found in the rezoning area:
In similaz rezoning in the Kaloko Mauka Subdivision, the State Department of
Land and Natural Resources Historic Preservation Division has stated that the
likelihood of historic sites is extremely low due to elevation and terrain and no
historic properties will be affected by this undertaking.
• Possible adverse effect or impairment of valued resources: Native plants maybe
destroyed by construction or ground alteration. There is no evidence that the flora
in the area are particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian ri ts: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
According to the Department of Water Supply ,water can be made available from
an existing 8-inch waterline along Kaloko Drive. Wastewater generated by the proposed
development will be disposed of by individual wastewater disposal systems for each lot,
meeting the requirements of the Department of Health. All other essential utilities and
services are or will be made available to the site.
Based on the above findings, approval of the Change of Zone request from an
Agricultura120-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district would
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfare.
For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona
District Zone Map) of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Lknierim02pc
Enclosures
cc: Mr. Gregory Mooers
Mr. Phil Knierim
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
Hawaii County is an Equal Opportunity Employer and Provider
BKnierimREZ.doc-7/15/04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
PHIL KNIERIM
CHANGE OF ZONE APPLICATION (REZ 04-011)
PHIL KNIERIM has submitted an application for a Change of Zone from Agricultural
20-acre (A-20a) to Family Agricultural 3-acre (A-3a) for approximately 20.477 acres of land.
The property is located along the north side of Kaloko Drive at the northern corner of Kaloko
Drive and Mahi Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-25:
7.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-
20a) to Family Agricultural 3-acre (A-3a) to subdivide the property into six parcels
approximately three acres in size to be used as residential/agricultural lots. The applicant
proposes to construct dwellings on one or two lots. Each dwelling is estimated to cost
approximately $350,000. M&K of Kona, LLC is the landowner of the property. (See
Exhibit A -Change of Zone Application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP Consistency: Economic and Land Use Elements.
4. GP LUPAG Map: Orchards.
5. County Zoning: Agricultural 20- acre (A-20a).
6. Kona Regional Plan: Agricultural.
7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the coastal zone management
area with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazazds, managing development, public participation, and beach
protection. The property is located approximately seven (7) miles mauka of the shoreline
at the 2,200-foot elevation level and therefore, will not be impacted by coastal hazazd and
beach erosion.
8. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
located within the Special Management Area. According to the applicant, there are no
identified recreational resources, historic resources, public access to the shoreline or
mountain azeas, scenic and open space preserves, coastal ecosystems, mazine resources or
other natural and environmental resources in the azea.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is an approximately 20.477-acre pazcel located on
Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,200-foot
elevation. There aze two single-family dwellings on proposed lot 1-A, which will remain.
According to a December 27, 1999 aerial photo of the Kaloko Mauka Subdivision, the
property has been cleazed in the past.
10. Surrounding Zoning/Land Uses: Lands to the north are zoned Agricultura120-acre (A-
20a), and land to the south across Kaloko Drive is zoned Family Agricultural 3-acre (FA-
3a). Lands to the east and west are zoned Agricultural 3-acre (A-3a). Sunounding
properties aze in low-density residential uses surrounded by pasture and forest land.
There aze some small pasture and nursery areas within the subdivision. The forest lands
of Makaula-Ooma abut the subdivision to the north from the 2,100 to 3,500-foot
elevation. Bishop Estate lands of Kaupulehu surround the subdivision to the north at the
3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The
Kaupulehu Forest Reserve is located mauka (east) of the subdivision.
11. ALISH: Other Important Agricultural Lands (land other than Prime or Unique
Agricultural Land that is also of statewide or local importance for agricultural use).
12. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
13. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well
drained, thin, extremely stony organic soils over fragmental A'a lava and is used
primarily for woodland and pasture.
14. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
15. Flora/Fauna Resources: According to the applicant, the site is presently heavily
-2-
forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese
pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native
species.
16. 'Alala Recovery Plan: The 'Alala Recovery Plan dated October 28, 1982, prepared 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 the 3,200 to 3,400-foot elevation, including all
parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an
essential habitat for the 'Alala. The property is located within Block 5, at approximately
the 2,200-foot elevation. Once such a habitat is established, a specific management plan
for each 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.
17. Archaeological/Historical Resources: According to the applicant, the pazcel is located
at the 2,200-foot elevation within the boundaries of a precontact age upland agricultural
system that was the subject of a reconnaissance survey and test excavations in 1970 and
1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition,
the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The
1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified
remains of an agricultural field system up to the 3,500-foot elevation at certain locations.
By letter dated Apri124, 2004, the applicant has requested a "no effect" letter from the
State Depaztment of Land and Natural Resources Historic Preservation Division.
18. Cultural Resources: According to the applicant, no valued cultural, historical or natural
resources exist on the properties and there are no traditional and customary Native
Hawaiian rights being practiced on the site.
-3-
19. Public Access: There is no record of a designated public access that traverses the
property.
20. Traffic: According to the applicant, traffic generated from the proposed subdivision is
expected to be minimal.
PUBLIC UTILITIES AND SERVICES
21. Access: Access to the property is proposed from Kaloko Drive and Mahi Street. both
22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way
according to the applicant. Kaloko Drive intersects with the Mamalahoa Highway less
than two miles below the property. The Department of Public Works has recommended
that vehicular access to Kaloko Drive be limited to one common driveway approach.
22. Water: According to the Department of Water Supply, water can be made available
from an existing 8-inch waterline along Kaloko Drive.
23. Wastewater: The applicant uses individual wastewater systems meeting the standards
and requirements of the State Department of Health.
24. Essential Utilities and Services: Utilities are available to the site from poles along
Kaloko Drive. The azea is served by police and fire stations in Kailua and Kealakehe,
approximately five miles southwest of the site. Kealakehe Elementazy, Intermediate and
High Schools aze located approximately four miles north of the property.
AGENCIES' COMMENTS
25. Department of Public Works: Exhibit B -July 9, 2004 Memo
26. Department of Environmental Management: Exhibit C -May 26, 2004 Memo
27. Police Department: Exhibit D -June 8, 2004 Memo
28. Department of Water Supply: Exhibit E -June 28, 2004 Memo
29. Department of Land and Natural Resources Land (Engineering) Division: Exhibit
F -June 9, 2004 Memo
30. Department of Health: Exhibit G -June 22, 2004 Memo
31. Department of Transportation: Exhibit H -June 9, 2004 Letter
AGENCIES - NO RESPONSES
32. Department of Land and Natural Resources Historic Preservation Division, Natural
Resources Conservation Service
-4-
APPLICANT'S RESPONSE TO AGENCIES
33. See Exhibit I -June 18, 2004 and June 23, 2004 Letters
PUBLIC COMMENTS
34. The Planning Department has not received any written comments or objections
from the general public or adjacent landowners on the application.
-5-
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT ~ ~ ,
(Type or legibly print the requested information) ?
APPLICANT: Phil Knierim, Managin Member
APPLICANT'S SIGNATURE: ~ ~ ~ DATE: 45104
ADDRESS: 78-6850Keaupuni Street
Kailua-Kona, Hawaii 96740
LIST APPLICANT'S INTEREST IF NOT O WNER: Managing Member of the LLC
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)630-926-7907 (Res.)322-4709 (FaX~322-4719
LANDOWNER(S): M and K of Kona, LLC Phil Knierim, Managing Member
LANDOWNER SIGNATURE(S): DATE: alsio4
(May be by letter) ~
LANDOWNER(S) ADDRESS: 78-6850 Keaupwu Street Kailua-Kona, Hawaii 96740
REQUEST: Agricultural 20-acres (A-20a) TO Family Agricultural 3-acres (FA-3a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY. (3) 7-3-25-:07
STREET ADDRESS OF PROPERTY: Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.477 acres
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises. LLC
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE (Bus.)sss-6839 (Res_)885-7126 (Fax)885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory Mooers COPIES: Phil Knierim
(See Instructions on Reverse Side) EXH181T
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
~ If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 2o.47acre
b Into what lot sizes? 3+acres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 6 months
d. Do you intend to build houses on the newly created lots? yes
If yes, please answer the following questions:
On how many of those lots? lor2
At what approximate price range? House $350,000
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? lyear
If you intend to subdivide, please submit a preliminary schematic
i subdivision plan together with your change of zone application
form. enclosed
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?
Sell or lease the land to someone who has tentative plans?
~ Sell or lease the land to someone who has no plans?
' d. Keep it?
e.
P. D. ~ 589
l If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
It will create 5 additiortalresidential-agricultural lots in the North Kona area
9. Are there any buildings on the subject area? Yes
If so, what kind?
There is asingle-family residence and ohana unit located near Mahi Stree[ on proposed lot 1-A.
What do you intend to do with those buildings if your request is
approved?
They will remain on one of the proposed lots.
5• Is the subject land currently being used for any agricultural activity? Yes
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
There is a small (one-acre) avacado orchard on proposed lot 1-A.
6. Was your request to allow for the creation of smaller agricultural
lots?
Yes
~ If so, did your plan include the following considerations?
a. Commodity to be produced? Yes
What kinds of commodity?
i
b. Suitability of the proposed lot-size for that commodity?
c, Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? No
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. Forest
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
G• What sort of governmental assistance and/or im rovements do
P you feel will
be needed in the subject area when developed?
Yes No
a. Schools
X
b. Roads X
Sewer X
d. Drainage X
-3-
Yes No
e. Police Protection X
f. Fire Protection X
o Recreational Facilities X
X
h. Public Utilities
X
r. Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
The intersection of Kaloko Drive and Mamalahoa Highway needs to be improved. This deficiency has been
established during previous change ofzone applications in the Kaloko Mauka Subdivision. The applicant
understands that the owners will be required to contributeYOward the proposed intersection improvments as a
condition of approval for this change of zone.
~ ~
Signature:
Address: 78-6850 Keaupuni Street Kailua-Kona, Hawaii 96740
Telephone: 630 926-7907 _
Date: ~ri15,2004__,_______,__
-9-
TABLE OF CONTENTS
Page
CIIANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS
A. SUBJECT REQUEST
] . Details of Proposed Uses/Development 1
B. CONFORMANCE WITH STATE AND COUNTY PLANS
2. State Land Use Designation 3
3. Applicable Goals/Policies and Objectives of the General Plan........ 3
4. General Plan Designation 6
1 5. County Zoning Code 6
6. Community Development Plan 6
7. Special Management Area 6
8. Chapter 205A: Coastal Zone Management Act 6
9. Mountain Access 6
C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting 7
Historic Resource.s 8
Natural Resources (Flora-Faunal 9
Cultural Resources 9
Social-Economic Characteristics......... _ 10
Surrounding Lands I 1
i
D. PUBLIC FACILITIES AND SERVICES
Access 11
Water Service 12
Wastewater Disposal 12
Solid Waste 12
Police and Fire Services 12
Schools 12
Parks 12
Other Utilities 13
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
I. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity 13
2. Mitigative measures proposed to avoid, minimize, recta or reduce
impact 13
3. Alternatives to the proposed development 14
4. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented 14
F. PROPOSED FINDINGS 15
~ G. EXHIBITS
A. Resolution No. 330 96
B. Request for a Determination of "No Effect" from SHPD
C. Location/Vicinity Maps
D. Change of Zone Exhibit
ii
COUNTY BACKGROUND AND ENVIRONMENTAL REPORT
APPLICATION FOR CHANGE OF ZONE
Agricultural 20-acres (A-20a) to Family Agricultural 3-acres (FA-3a)
APPLICANT: Phil Knierim
TAX MAP KEY: (3) 7-3-25:07
Kaloko, North Kona, Island of Hawaii, Hawaii
A. SUBJECT REQUEST
1. Details of Proposed Use/Development:
a. Project Description: The subject property is a 20.477 acre parcel
located on the north side of Kaloko Drive at approximately the 2500
feet elevation. It is identified as Lot 1, Block 3, Increment 1 (File Plan
994), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota
Kamehameha, at Kaloko, North Kona, Island and County of Hawaii,
~ State of Hawaii. The property is heavily forested with slopes of 6-
20%.The mean annual rainfall according to USGS Report R-47 is
approximately 70 inches.
b. Statement of objectives and reasons for the request: The owner
proposes to subdivide the existing lot into six lots of approximately 3+
I
I acres. These lots are intended to be used as residential/agricultural lots.
c. Number of acres: 20.477 acres are covered by this request.
d. Proposed units/lots/floor area of
proposed building envelope: The
applicants propose to subdivide the existing lot into six 3+ acre parcels.
1 It is proposed that the lots will have similar conditions as those placed
on other rezoned lots at this elevation in the Kaloko Mauka
subdivision. The conditions have included a 60-foot wide "forest
1
reserve easement" along the existing public street frontage of the
subject property, exclusive of access points permitted by the
Department of Public Works; a 30-foot "forest reserve easement" along
all lot lines not covered by the 60-foot easement; and a 60-foot wide
structural setback in lieu of the required 30-foot setback along the
property's public street fronXage to provide an additional buffer.
Restrictive covenant(s) in the deeds of all the proposed agricultural lots
fronting existing roads shall specify and uphold the easements and
setbacks. The restrictive covenant(s) shall also specify that, including
the area comprising the forest reserve easements described, no less than
eighty percent (50%) of the entire lot area shall be retained in forest. A
copy of the proposed covenant(s) to be recited in an instrument
executed by the applicants and the County and recorded with the
Bureau of Conveyances approval to the issuance of Final Subdivision
Approval.
e. Time frame and cost: The application for the subdivision will be filed
immediately after the change of zone is completed. The estimated cost
of the houses is approximately $350,000 each
f. Parking arrangement.• Parking for the lots created will be
accommodated on each site as required by the Zoning Code. It is
anticipated that there will be one residential unit on each new lot.
g. Traffic Impacts: The applicants believe that the traffic generated by
the proposed lot subdivision will be minimal. The subdivision of this
property into six lots will add five additional lots to the subdivision.
h. Proposed on-site and off-site infrastructure: The intersection of
Kaloko Drive and Mamalahoa Highway is in need of improvement.
2
The applicant understands that all recent re-zonings in the Kaloko
Mauka area have been conditioned to require the applicants to
participate in the improvement of this intersection. The applicant
stipulates to this fact and will also participate in the improvements.
B. CONFORMANCE WITH STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural
3. Applicable goals/policies and objectives of the General Plan: The proposed
amendments to the zoning ordinance comply with the following goals, policies
and objectives of the Economic Element of the General Plan.
ECONOMIC
~ GOALS
o Provide residents with opportunities to improve their quality of life.
o Economic development and improvement shall be in balance with the
physical and social environments of the island of Hawaii.
o The County of Hawaii shall strive for diversity and stability in its
economic system.
o 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.
~ POLICIES
o The County of Hawaii shall assist the expansion of the agricultural
industry, especially diversified agriculture, through the protection of
important agricultural lands, capital improvements and other programs,
and continued cooperation with appropriate State and Federal agencies.
3
o The County of Hawaii shall strive for an economic climate which provides
its residents an opportunity for choice of occupation.
o The County of Hawaii's land, water, air, sea, and people shall be
considered as essential economic resources for present and
future
generations and should be protected and enhanced through the use of
economic incentives.
o The County shall identify and encourage primary industries that are
consistent with the social, physical, and economic goals of the residents of
the County.
The proposed amendments to the zoning ordinance comply with the following
goals, policies and objectives of the Land Use Element of the General Plan.
LAND USE
Through the careful analysis and examination of
past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents.
GOALS
o Designate and allocate land uses in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County.
o Protect and encourage the intensive utilization of the County's important
agricultural lands.
POLICIES
o Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
o The county shall encourage the development and maintenance of
4
communities meeting the needs of its residents in balance with the
physical and social environment.
STANDARDS
o Zoning requests shall be reviewed with respect to General Plan
designation, distrlet goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of
public services and
utilities, access, and public need
(I) AGRICULTURE
The following goals and policies are intended to address some of the land
related problems of agriculture and are to be consistent with and supportive of
the overall land use element.
GOALS
~ 0 Identify, protect and maintain important agricultural lands on the
island of Hawaii.
J
POLICIF_S
o Zoning shall protect and maintain important agricultural lands
from urban encroachment. New approaches to preserve important
I
~ agricultural land shall be implemented by the County.
l o The County shall assist to the development of basic resources such
as water, roads, transportation and distribution facilities for the
~ agricultural industry.
o The County shall coordinate and encourage efforts to solve the
problems of the agricuhural industry in the County of Hawaii.
o Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall he encouraged in appropriate locations.
5
o1'he County shall develop subdivision standards which make a
distinction between agricultural and urban land uses.
4. General Plan Designation: Extensive Agricultural - "Pasturage and range
lands."
5. Zoning: Agricultural 20-acre (A-ZOa).. The Purpose of this application is to
change the zoning to Family-Agricultural-3 acre (FA-3 a). This request is
consistent with Hawaii County Council Resolution No. 330 96. (See Exhibits)
6. Community Development Plan: This area is not covered by the Kona
Regional Plan.
7. Special Management Area: The property is not located within the County of
Hawaii's Special Management Area.
i ~
8. Chapter 205A: Coastal Zone Management Act: The subject property is
~ located approximately 7 miles from the shoreline surrounded by a regional
roadway system and residential subdivisions. The proposed use of the subject
property will not negatively impact the recreational resources, visual resources
to or from the shoreline, including access to and along the shoreline or coastal
ecosystem. Therefore no scenic or open space resources to the shoreline
j coastal view plane or coastal ecosystem will be negatively impacted by the
J proposed action.
1
9. Mountain Access: The subject property is surrounded by the regional
roadway system. The property is not used for access to the mountains of any
mountain feature; therefore no public access to these areas will be impacted by
the proposed action.
6
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
Physical Characteristics/Environmental Setting:
10. Description of subject property: The subject property is a 20.477 acre parcel
located on the north side of Kaloko Drive at approximately the 2500 feet
elevation. It is identified as Lot 1, Block 3, Increment 1 (File Plan 994), being
a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at
Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The
property is heavily forested with slopes of 6-20%.The mean annual rainfall
according to USGS Report R-47 is approximately 70 inches. The soil is Class
"E" (very poor) and too rocky for conventional agricultural uses. There are
two permitted single-family dwellings on proposed lot 1-A, which will remain.
i ] 1. Lava Hazard Zone: The United States Department of the Interior/ Geologic
Survey designates this area on a descending scale of risk 1 to 9 as Zone 4.
About 5% of this area has been covered by lava since 1800 and less than 15%
has been covered by lava in the last 750 years. "Zone 4 includes all of
Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna
Loa. Flows typically cover large areas."
1
12. Distance from coastline: The subject property is approximately 7 miles east
of the coastline at Puhili Point.
i
13. Agricultural L ands of Importance in the State of Hawaii (ALSIH)
designation: Soils within the subject property are classified as "Other
Important Agricultural Lands" by the ALISH system. Land other than "Prime"
or "Unique" that is also of statewid~or local importance for agricultural use.
7
14. U.S:D.A. Natural Resources Conservation Service Report soil type: The
soil survey report classifies the soils within the project site as Kiloa Extremely
Rocky Muck (rKXD), 6 to 20 percent slopes.
15. The Land Study Bureau soil rating: Soils within the subject property are
classified as "E270" (Very Poor) for agricultural productivity by the Land
Study Bureau. Depth-limited soil material; color-dark brown; parent material-
A'aand volcanic ash; stoniness-sharp lava clinkers; drainage-very well drained;
slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100";
elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine tilling.
16. Flood Insurance Rate Map (FIRtLJ) designation: The subject property is
located in Zone "X", outside of the 500-year flood plain.
17. Existing drainage ways or improvements: The property has no history of
~ flooding. There are no drainage improvements on the site.
II
18. Air/noise/water quality: The air quality is excellent as there are no industrial
uses in the area and the normally occurring winds prevent the emissions from
the active volcano from affecting the quality of air on the subject parcel. The
i area is a rural agricultural area as such there is little noise pollution. The water
to the site is provided by the Department of Water Supply and meets all EPA
guidelines.
I
1 Historic Resources:
19. Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: The subject parcel is located in a forested area at the 2500
foot elevation within the boundaries of apre-contact age upland agricultural
system that was the subject of a reconnaissance survey and test excavations in
8
1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka
Subdivision. Additionally, the National Park Service published a report in
1991 entitled "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko
Ahupuaa, North Kona. This study also identified remains of an agricultural
field system up to the 3500 foot elevation at certain locations. There is no
record of historic sites on this property in either the National or State Register.
The applicant has requested a "no effect' letter from the State Historic
Preservation Division. A copy of that request is enclosed in the exhibits.
Natural Resources:
20. Existing floraUfaunal resources: The site is presently heavily forested with
native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife seen at the property consists of turkeys,
hawks, Chinese pheasants, and other forest birds. 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 development and
1 previously applied zoning conditions will assure continuation of habitat for
existing wildlife. 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
I breeding Alala. The Plan recommends that portions of the lands of Kaloko
above the 3,200 feet elevation be designated as essential habitat for the Alala.
The subject property is well below this habitat elevation identified as essential.
21. Cultural Resources: No valued cultural, historical or natural resources exist
of the subject property and no gathering is taking place. To the extent to
9
which traditional and customary native Hawaiian rights are exercised, the
proposed actions will not affect traditional Hawaiian rights, therefore no action
is necessary to protect those rights.
22. Scenic or coastal resources: The property is located 7 miles east of the
shoreline and will not impact on coastal resources. As the subject parcel is
heavily forested, there are no view planes to be disturbed by the development
of the property. With the previously applied zoning conditions related to
buffers, setbacks and percentage of undeveloped land, all structures will be
well buffered from neighboring properties and the roadway.
Social-Economic Characteristics:
23. Social settlement pattern for the area: The population of Kona has grown
steadily since 1965 as a result of the expanding visitor industry in West Hawaii,
~ which has a large and growing share of the visitors to the island and
consequently the de facto population is larger than the census might indicate.
~ At any given time, up to one-fourth of those present in Kona are visitors. The
ethnic composition of the Kalaoa at the time of the 2000 Census was as
follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more
races: 25.3%. This distribution illustrates a multicultural community with no
~ distinct minority groups.
24. Economic resources of the area: Aside from a few nurseries and small scale
agricultural endeavors within the subdivision, the surrounding areas are used
for pasture lands by various ranches and much of the land in the area is left
undisturbed for forestry.
25. Land values: According to prominent Realtors in the area, the land values in
this subdivision have increased dramatically over the past year.
10
Surrounding lands:
26. Land use: The properties immediately surrounding the subject parcel within
the Kaloko Mauka Subdivision are low-density residential lots with minimal
clearing of the natural forest. There are some small pasture and nursery areas
within the subdivision. The State lands of Makaula Ooma abut Kaloko Mauka
on the north from 2100 to 3500 feet elevation. These lands are native forest.
The Kamehameha School lands of Kaupulehu abut Kaloko Mauka on the north
from 3500 to 5400 feet elevation. These lands are currently being grazed by
Hualalai Ranch. The Palani Ranch lands ofHonokohau abut Kaloko Mauka
on the entire southern boundary. These lands have been historically grazed,
however a 80 acre parcel is presently being used for forest products. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko
Mauka.
1 27. Zoning: The property in the immediate vicinity of the subject parcel is zoned
A-20a to the north and A-3a and FA-3a to the south, A-3a and FA-3a to the
east and A-20a to the west.
D. PUBLIC FACILITIES AND SERVICES
28. Description of access: The access to the subject property is from Kaloko
Drive and Mahi Street, 22 foot wide paved roadways with 8 foot grass
shoulders within 80 foot right-of--ways. Kaloko Drive intersects with
Mamalahoa Highway approximately 2 miles below the subject property. The
grass shoulders have proven to be an effective method of dispersing water
runoff from the roadway and after 20 years there is no evidence of erosion or
damage to the edge of pavement.
ll
29. Availability of Water: Water is available to the site from the Department of
Water Supply via an 8" line on Kaloko Drive. 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 5,106 foot elevation.
The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for
each two acres of the Kaloko Mauka Subdivision. No water is contemplated
for landscape or agricultural uses as the annual rainfall is adequate for these
purposes.
30. Sewage disposal: The applicants propose to use individual wastewater
treatment systems meeting with the approval of the Department of Health
(DOH) for all newly created lots.
31. Solid waste: Solid waste is taken to the County's solid waste transfer station
i in Kealakehe, west of the project site by the individual lot owners or a private
hauling service. The applicants intend to use this existing transfer station for
both lots. Any construction waste will be taken to the County landfill at
Puuanahulu.
32. Police and fire protection: This area is served by police and fire stations
located approximately 5 miles to the southwest of the site in Kailua and
l Kealakehe. All roadways are paved, with adequate width and are accessible
J for emergency service vehicles.
33. Schools: The project site is located about four miles to the north of
Kealakehe, Elementary, Intermediate and High Schools.
34. Parks: There is a County Parks and Recreation gym and park facility at the
Old Airport Park in Kailua approximately 6 miles from the subject parcel.
12
35. Other utilities and services: There is electrical and telephone service on poles
along Kaloko Drive that presently serves the subdivision and these services can
be made available to the subject property as well.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
36. Relationship between local short term uses of environment and
maintenance and enhancement of long term productivity: In terms of the
relationship between short-term use of man's environment and the maintenance
and enhancement of long-term productivity, no short-term exploitation of
resources that would entail negative long-term consequences has been
identified for the proposed action.
37. Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
All construction on the site will comply with all governmental regulatory
~ controls to mitigate noise and dust during the construction period. All
structures and infrastructure improvements constructed will comply with all
f federal, state and county requirements. The applicants propose that the
conditions applied to other re-zonings in this subdivision be applied in this case
as well. These include;
a. A 60-foot "forest reserve easement" for buffer purposes along the
I
~ existing roadway.
j b. A 60-foot structural set back along the existing roadway.
~ c. A 30-foot "forest reserve easement along all lot lines as a buffer
between parcels.
d. At least 50% of the lot area shall be retained in forest.
e. A restriction against a second dwelling on each lot.
f A conservation plan shall be prepared for each of the subdivided lots.
g. A "fair share" contribution to mitigate any potential impacts will be
paid.
]3
38. Alternatives to the proposed development: One alternative to the proposed
action would be to leave the entire parcel vacant and undeveloped. This would
not allow the development of agricultural lots for residential uses, forestry and
agriculture. It would also not increase the real property tax base as the
proposed action would. It would not provide protection to the native forest
affordable by the conditions cited above.
39. Irreversible and irretrievable commitments of natural resources that would
be involved if
proposed action is imp[emented.• The construction of the
proposed rural-residential units would involve the irreversible and irretrievable
commitment of negligible quantities of natural resources. The conditions
proposed to be applied to this request would help insure the protection ofthe
forest and natural habitat. There are presently no such restrictions on the
development of the property.
F. PROPOSED FINDINGS:
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the'site and surrounding area; the present
zoning and uses of the surrounding area; the minimal impact on public facilities and
services; the minimal impact on the environment; the applicant requests a favorable
i
consideration of this change of zone application.
1
I
14
i
EXHIBIT A
1 Resolution No. 330 96
C~tJN+~ ~F HAWAII STAtE Vr HAWAIi
~a~
RESOLUTION N0. 330 96 ~G
' ~°Gyy,,, r~
L.STAIILiSFiINC A POLICY IiLLATING TO TIIC AMENDMENT OF ZONE
DISI'IUCT BOUNDAI21E5 ~VITIIIN 1CALOKO MAUlCA AND OTHER KONA ~
Wn'CI'sRSIIED ANU MAU[CA FO[iLST ARCAS. v~
WHERL•AS, Kaloko Mauka Subdivision (Subd.ivision) was established ovtr nvcnty years
agu as a 2,000•acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of
K.aluko and extending up to tl~e 5,900-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
tluougltuut tlu original subdivision for pasturage, recreation and residential use since its initial
development, a substantial amount of Coyest cover remains on lands above the 3,500-fool
clcvatio~t above sea level, which lands comprise Ux upper half of the subdivision; and
WFIEREAS, to ilte north and souU~ of the Subdivision, for the entire length of the makai-
facing slope of Moudt Hualalai above an elevation of approximately 2,500 feet above sea level,
all lands ate in the State Agricultural land use district (L.U,D.) and the county A-20a zoned
District (or the equivalent, by way ofowner-initiated cluster/open space zoned district
~ combinations) and arc iu pasture and Coyest use, with the exception of several Coyest reserve areas
which arc in the state Conservation L.U.D.; and
I
WHEREAS, from lime 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
funl~er subdivided, and to date most such change of zone applications have been approved by the
council and enacted by ordinance; and
j WHEREAS, such rezoning ordinances have uiablished a pattern of (1) Agricultural - 3
acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the
i 2,G00-foot elevation and (2) Agricultural - 5 acre (A-Sa) minimum lot size densities in a narrow
~ band immediately above the A•3a zoned district, extending to the 2,900 foot elevation; and
I WHEREAS, like the surrounding lands, Ute entire upper half of the Subdivision remains
in the A-20a zoned di 'trict, although a majority of lou in the upper half of the Subdivision
tcl~onedly have one o more single family dwellings thereon and approximately fiAy percent arc
reportedly improved itli two or more dwellings; and
W!lf:R.CI1S, scveeal property owners have cited these heightened levels of effective
density and initiated requests for rezunings of lands in the upper half of the Subdivision from dte
n-20a zoned district to an Agricultural - 10 acre (A-l0a) zoned district, which requests, if
appruvcJ by dte council, would indicate a zoning policy supportive of ten acre minimum lot
si~.cs throughout the upper half of the Suhdivision; and
Wl•[EREAS, the council believes that most lots improved with two dwellings Rave done
so by creating "virtual subdivisions" often acre property interests under provisions of the state
C~~nduminiunt Properly Regime (C.1'.R.) law, which regime creates multiple saleable and
rnurtgagcablc interests on a single lot without regard to the county zoned district such lot may be
in; ar~d
WHEREAS, while the council is concerned that the limited right to build additional
dwellings on agricultural lots Wray Itavc been distorted into over use in this end other rural
subdivisions lluough the application of the C.P.R. law, it Tinds that such misuse should not be
cause w compromise the value attd force of county zoning powers, and instead may 6e reason Cor
the state legislature to amend the C.P.R. law to prevent misuse on lands instate Agricultural land
use district; attd
WHEREAS, the council believes that zoning lands in the upper half of the Subdivision,
far above llte 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 I lawaii, promote its use as pre-cursor of up•zoning pressures throughout the
island's watersheds and signify that ten acre lot densities may bt accepwble widhin the watershed
y elevations without any commensurate towering of densities in sturotulding areas; and
WHL•RL•AS, the council desires to protect and maintain the low density rue pattern long
establistred for the rttauka, watersltcd lands of dtc island of Hawaii, and the Kona region in
particular, for a variety of environmental and service management «asonS.
THEREFORE, DL• 1T RL• SOLVED BY THE COUNCIL OF THE COUNTY OF
I (AWAIT, that tto lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or
i the 2,300-fool elevation above sea Icve! elsewhere in the districts of North Kona and South Kona
~ shall be re-classi[ied 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 concturently placed
in a lower density zoned district with a net effect oCmaintaiaing or reducing overall density
levels and enhancing the integrity and value of the region's watershed and forest systems,
I
I
ltF- ~
!3E iT FURTHER RESOLVL•D that the Clerk of the County of Hawaii transmit copies of
This resolution to the Honorable Stephen K. Yamasitiro, Mayor of the County of Hawaii; Virginia
t';ohlstciu, PiatmintJ Director; and Kevin Daiog, Chairman of the Hawaii County Ylarming
Lou+n+issiun,
Uatcd: Hilo, Hawaii, this 19th day of June 1996.
INTRODUCED i3 Y: '
COUNClL MEM$ER, COUNTY OF HAWA![
ROLL CALL vOTb
COUNTY COUNCIL AYES t~tOFS pt35 EX
County of Hawaii
Hilo, Hawaii
n~tci X
Bonk•Abcarruon X
t hereby certify u+at fire foregoing RESOLUTION was by the Clutd~ X I'
rote indicated to the right hereof adopted by the COUNCIL of De L1S°' X
the County of Hawaii on June 19, 1996 Domingo X
Osorio X
Ruh X
\TTEST:
~ ray X
` Smith X
6 ~ 1 a
Reference C-1199/[^124
i
1
I
EXHIBIT B
Request for a Determination of
1
"No Effect" by SHPD
i
MOOERS ENTERPRISES, LLC
P.O. Box i 1 O i
KAMUELA, Hnw.vi 96743
April 24, 2004
Mary Anne Maigret
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, Hawaii 96740
Re: Archaeological Reports
TMK: (3) 7-3-25:007 (Kneirim) &TMK: (3) 7-3-27:021 (Bond)
Kaloko Mauka Subdivision
Kaloko, North Kona, Hawaii
Mary Anne:
I am processing change of zone requests for the two properties identified above in the Kaloko
Mauka Subdivision and have been required by the Planning Department to either get a "no effect"
letter from your Division or do an inventory survey for the subject properties. There have been
numerous change of zone applications in this subdivision that have been processed without
J inventory surveys. Your division has written no effect letters for these changes oP zone actions
previously. As recently as November 25, 2003, your division wrote "no effect" letters for four
projects at Kaloko, TMK 7-3-27:08, 73-26:15, 7-3-26:16 and 7-3-27:10.
r
I have been informed by SHPD staff and archaeologists that there have been surveys done in this
subdivision and that the elevation of sites discovered were in the lower reaches of the subdivision.
Given the elevations of the two subject properties, it has been previously thought there would be
no features present.
I
I would like a letter from your office either finding there would be "no effect" or guidance on the
type of archaeological work that would be required for you to make that determination.
Should you require additional information or have any questions, please contact me. I appreciate
your prompt response to this letter.
Sincerely,
Grego . Mooers
President
GRNI:JY
PHONE: (808) 885-6839
FAX: (808) 885-1574
FMAI L: GMOOERS@HAWAII.RR.COM
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EXHIBIT C
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EXHIBIT D
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: July 9, 2004
Memorandum
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief
Engineering Division
SUBJECT Change of Zone Application (REZ04-011)
Applicant: Phil Knierim
Location: Kaloko, N. Kona
TMK: 3 / 7-3-25: 007
We reviewed the subject application for change of zone from A-20a to A-3a and our
comments are as follows:
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. Vehicular access to Kaloko Drive shall be limited to one common driveway
approach.
3. Access to a County Street including the provision of adequate sight distances,
shall comply with Chapter 22 of Hawaii County Code and the approval of DPW.
Should fair share contributions be assessed for roads and traffic, they should be
dedicated to improving the impacted facilities. An account for improvement of the
Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted
contributions from previous zoning amendments.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
~e~~~=~
EXHfBIT
JNiY Oi rygw
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j ~~1~JLV~
Harry Kim Barbaro Bell
Mayor Director
sr -
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'~IIltTi~'~I II{ ~~ifllMtt
DF,PARTMF.NT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street, Room 270 • Hilo, Hawaii 96720-4252
(808) 961-8083 • Fax (808) 961-8086
MEMORANDUM
Date May 26, 2004
To CHRISTOPHER YUEN, Planning Director
/r~~~~r2v p7_
From BARBARA BELL, D~ ctor
SUBJECT: Change of Zone Application (REZ 04-011)
Applicant: Phil ICnierim
Request: A-20a to FA-3a
TMK: 7-3-25:07
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATERDIV[SION:
( ~No comments
( )Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( )Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Other:_
SOLID WASTE DIVISION:
( ) No comments
( )Commercial operations may not use transfer stations for disposal.
( )Aggregates and any other construction demolition waste should be reused to its fullest
extent.
( ) Ainple room should be provided for recycling.
Greenwaste may be disposed of at the drop sites located at the Kaihia and Hilo
transfer stations.
( )Other: _ _
swD, wwD s~o,
llarvai~i Coua[yis'an equal opporhu~ity employer awd provider
~t+•os N+
OJ. ~•'K7
Harry Kim b~;,~ Lawrence K. Mahona
Police Chie
Mayor ~ J
'+r. Harry S. Kubojiri
~ ~ 1 ! ~ ~ rl - Deputy Police Chie)
- / County of Hawaii
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawaii 96720-3998
(808) 935-331 I Fax (808) 961-2389
June 8, 2004
TO CHRI~TPHER J. YUEN, PLANNING DIRECTOR
^x_,77 r.~z.,t ~'~r~~:F~c_~.~
FROM THOMAS J. HIQ COX, ASSISTANT POLICE CHIEF,
AREA II OPERATIONS
SUBJECT Change of Zone Application (REZ 04-011)
Applicant: Phil Knierim
Request: A-20a to FA-3a
Tax Map Key: 7-3-25:07
Staff has reviewed the above-referenced application and have the following
concerns:
1. Staff recommends that improvements be made to the Kaloko Drive/Hawaii
Belt Road intersection;
2. Staff is also concerned that increased density along this corridor will
further congest traffic on the Hawaii Belt Road and Pafani Road;
3. Assess sufficient impact fees to address public safety.
Should you have any questions, please contact Captain John Dawrs, our Kona
District Commander, at Phone No. 326-4211.
JD:dmv
EXHIBIT
°I lawai'i Cuunty is an Equal Opportunity Provider and Employe T'
C\ WAIfR
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o ~ ®~~~~~lVi~t~1T .5~~~~~ ® ~r®Uf91TV ~'7~V1/~a!'I
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yf70f NaWp\\•~p 345 KEKUANAO'A STREET, SUITE 20 a HILO, HAW AI'I 96720
TELEPHONE (806) 961-8060 o1~A~~i~0 ~C~61~~67~ 'f
June 28, 2004
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-011)
REQUEST: A-20A TO FA-3A
APPLICANT -PHIL KNIERIM
TAX MAP KEY 7-3-025:007
We have reviewed the subject application for the proposed Change of Zone and have the following
comments.
There is an existing 1-inch service lateral with 5/8-inch meter servicing the parcel. Water can be made
available from an existing 8-inch waterline along Kaloko Drive, which fronts the parcel, for the
proposed 6-lot subdivision.
Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on
the five additional lots that are requested in the proposed Change of Zone Application, the required
water commitment deposit is $750.00.
Remittance of $750.00 from the applicant is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions and effective
dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In
other words, unless a water commitment is officially effected, water availability is subject to change
depending on the water situation.
Upon issuance of a formal water commitment, we shall submit our comments and requirements for
tentative subdivision approval.
For the applicant's information, should the subject change of zone be approved and a subdivision
application executed, final approval will be subject to the following requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to, service
laterals that will accommodate a 5/8-inch meter to each lot.
Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for mI~I
review and approval. I/ = W
~ra~er brir2r~5 ~~^~c~d^e6s... W
The Depaitmeni of Water Suypiy is en Equal Oppurtunhy provider and employer-7o ille e complaint of disorimination, wn[e' USDA, Girecto r, Grflco or Gv0
Rights, Room 326-W, Whitten Rmltling, 141h antl Intlependence Avenue, SW, Washmyton UC 20250-9410. Or call (202) 720-5964 (voice and TOD)
Mr. Christopher J. Yuen, Planning Director
Page 2
June 28, 2004
2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject
to change, of $26,750.00 and $2,500.00, respectively, and calculated as shown below. This is due
and payable upon completion of the construction of the water system improvements and prior to
water service being granted.
FACILITIES CHARGE
Existing water service (previously paid) $ 0.00
Five additional services (7a, $5,500.00 each +27,500.00
SUBTOTAL $27,500.00
CAPITAL ASSESSMENT FEE
Five additional services in North Kona at $500.00 each $ 2,500.00
TOTAL (SUBJECT TO CHANGE) $30,000.00
For your information, the total facilities charge requirement, which is subject to change, is
$27,500.00. However, the total water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposits may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable. With this understanding, the current facilities charge balance is $26,750.00.
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding the water commitment, at which time
availability will be subject to change in accordance with the prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
i
Milt~~n . Pavao, P.E.
d
M~hag r
SHK:sco ~
~._f
copy - Mr. Gregory R. Mooers
Mr. Phil Knierim
DEPARTMENT OF LAND AND NATURAL, RESOURCES
ENGINEERING DIVISION
LA/NAV
Ret.: REZ 04-011
COMMENTS
(X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Flood Zone X.
O Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is
loca[edin Zone
O Please note that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map (FIRM) is _
O Please note that the project must comply with the rules and regulations of the National Flood
Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Deparhnent of
Land and Natural Resources, Engineering Division at (808) 587-0267.
Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your
Corrununity's local flood ordinance may prove to be more restrictive and thus take precedence
over the minimum NFIP standards. If there are questions regarding the local flood ordinances,
please contact the applicable County NFIP Coordinators below:
O Mr. Robert Sumimoto at (808) 523-4254 or Mr. Mario Siu Li at (808) 523-4247 of the
City and County of Honolulu, Department of Planning and Permitting.
O Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Eniler at (808) 327-3530 (Kona)
of the County of Hawaii, Department of Public Works.
O Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning.
O Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public
Works.
O The applicant should include project water demands and infrastmcture required to meet water
demands. Please note that the implementation of any State-sponsored projects requiring water
service from the Honolulu Board of Water Supply system must first obtain water allocation credits
from the Engineering Division before it can receive a building pemtit and/or water meter.
O The applicant should provide the water demands and calculations to the Engineering Division so
it can be included in the State Water Projects Plan Update.
O Additional Comments:
O Other:
Should you have any questions, please call Mr. Andrew~M~~on~dje~n~of the Plann~in~g~B~ran~ch
a[ 587-0229.
Signed: ~~"e ~ "~I~T
~rER/I1Cf T. HIRANO, CHIEF ENGINEER
Date: ~ / 0
EXHIBIT
P+f ~959~ 1
/4~~ at~~'~/_P \i
LINDA LINGLE 1 ~bfr ' 1 CHIYOME L. FUKINO, M,p.
GOVERNOR DIRECTOR OF HEALTH
m
' _ it-.~ n.iV r
' ~ ? STATE OF HAWAII
_ DEPARTMENTOFHEALTH
_ P.O. BOX 916
l~ HILO, HAWAII 96721-091fi
MEMORANDUM
DATE: June 22, 2004
TO: Christopher J. Yuen
Planning DirectorpC~ounty of Hawaii
FROM: Aaron A. Ueno
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (REZ 04-011)
Applicant: Phil Knierim
Request: A-20a to FA-3a
Tax Map Key: 7-3-25:07
The Health Department found no environmental health concerns with regulatory implications in
the submittals.
WORD:REZ04-Ol l.my
EXHIBIT
LINDA LINGLE <E Q ~_hqw RODNEV K. HARAGA
GOVERNOR Bess v
y.: y,y.~lp~~._",..y DIRECTOR
Deputy prtedors
9': BRUCE Y. MATSUI
,la® LINDEN H. JOESTING
~~o-rzu. wam@ BRIAN H SEKIGUCHI
, 1 7 ryr,~ 9 rl qq STATE OF HAWAII IN RER~v REFER To:
' ' ' [SEPI'kRTMENT OF TRANSPORTATION
.869 PUNCHBOWL STREET STP 8.1 194
HONOLULU, HAWAII 96813-5097
~.i
June 9, 2004
Mr. Christopher J. Yuen
Direc±or
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Phil Knierim
Kaloko Mauka Subdivision
Change of Zone Application (REZ 04-011)
TMK: 7-3-25: 07
Thank you for requesting our review of the subject application.
The applicant proposes to subdivide the existing 20.477 acre lot into six 3+lots. These lots are
intended to be used as residential/agricultural lots. Although we have no objection to the
proposed change in zoning, we remain very concerned about the number of past zoning and land
use changes in the Kaloko Mauka Subdivision area and the cumulative impact on the intersection
of Mamalahoa Highway and Kaloko Drive.
The intersection must be improved due to the additional traffic and activity on the roads from the
cumulative effect of the zoning and land use changes. Improvements to the intersection should
include, but not be limited to the following:
1. Illuminating the intersection at night.
2. Channelized turning movements at the intersection; and
3. Other safety improvements.
All improvements should be made at no cost to the State and plans for construction work within
the State highway right-of--way must be submitted to our Highways Division for review and
approval.
EXHIBIT ~~~1~~
Mr. Christopher J. Yuen STP 8.1194
Page 2
June 9, 2004
It is our understanding that the County will be responsible for implementing required
improvements at the intersection.
In keeping with our earlier notification of our reorganization, please contact our Statewide
Transportation Planning Office if you have any questions.
We appreciate the opportunity to provide our comments.
Very truly yolturs,
RO E K. HGA
Directo of Transportation
MOOERS ENTERPRISES, LLC
P.O. Box 1 i O 1
iC.4MUELA, HAWgII 96743
-
June 18, 2004 ~
Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: CHANGE OF ZONE REQUEST RECLASSIFICATION (REZ 04-011)
AGRICULTURAL 20-ACRES TO FAMILY-AGRICULTURAL 3-ACRES
APPLICANT: PHII.KNIERIM
TAX MAP KEY (3) 7-3-25:007
Dear Mr. Yuen:
Your staff has faxed me copies of comments from agencies on the application identified above and
asked that I respond.
Police Department:
The applicant has stipulated in the application that the intersection ofKaloko Drive and
Mamalahoa Highway needs improvement and that he is prepared to pay his fair share of that cost
through the impact related fees collected as a result of conditions placed on the proposed change
of zone.
Department of Environmental Management:
The applicant will comply with all regulations related to solid waste.
If you have any questions, or if additional information is required, please contact me at 885-6839.
Thank you for your prompt attention to this application.
Sincer ly,
Grego . Mooers
President
GRM jy
q~,
EXHIBIT
PHONE: (808) 885-6839
Fax: (808) 885-t 574
EMAIL: GMOOERS@HAWAII.RR.COM
MOOERS ENTERPRISES, LLC
P.O. Box i i O i
KAMUELA, HAWAII 96743
!',"l ~~i {.gym 1? ~ 7
i~
June 23, 2004
NIr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hi]o, Hawaii 96720
Re: CHANGE OF ZONE REQUEST RECLASSIFICATION (REZ 04-011)
AGRICULTURAL 20-ACRES TO FAMILY-AGRICULTURAL 3-ACRES
APPLICANT: PHILKNIERIM
TAX MAP KEY (3) 7-3-25:007
Dear Mr. Yuen:
Your staff has faxed me copies of comments from agencies on the application identified above and
asked that I respond.
Department of Transportation:
The applicant understands that the intersection of Kaloko Drive and Mamalahoa Highway needs
to be improved. The applicant also understands that the County Council has been assessing
impact related fees for changes of zones in the Kaloko Mauka Subdivision and applying these fees
toward the improvement of this intersection. The applicant supports the Council's course of
3Ct;C11 remedy tl'as S(itlatl0:? and ?xpects that theSC I°eS e.':Il be 2mpOSCd C:: ti:i3 Change of ZJ.^,e
If you have any questions, or if additional information is required, please contact me at 885-6839.
Thank you for your prompt attention to this application.
Since ely,
. i~%Z--
Grego . Mooers
President
GRM:JY
PHONE: (808) 885-6839
FAX: (808) 885-1574
EMAIL: GMOOERS@HAWAII.RR.COM
RKnierimREZ.doc -7/!5/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
PHIL KNIERIM
CHANGE OF ZONE APPLICATION (REZ 04-011)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for
approximately 20.477 acres of land be forwarded to the County Council. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position. This favorable recommendation is based on the following
findings:
The applicant is requesting a Change of Zone from Agricultura120-acre (A-20a)
to Family Agricultural 3-acre (FA-3a) for approximately 20.477 acres of land to
subdivide the properties into six lots approximately three acres in size to be used as
residential/agricultural lots. The applicant proposes to construct dwellings on one or two
lots. Each dwelling is estimated to cost approximately $350,000. There are two existing
dwellings on the site.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from an Agricultura120-acre (A-20a) to the
Family Agricultural 3-acre (FA-3a) district will conform to the goals, policies and
standards of the General Plan Economic and Land Use elements. The Land Use
Pattern Allocation Guide (LUPAG) Map component of the General Plan is a
-1-
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 vazious land uses. The LUPAG Map establishes the basic urban and non-
urban form for areas within the County. The area is designated Orchazds. Orchazds are
agricultural lands which though rocky in character and content support productive
macadamia nuts, papaya, citrus, and other similaz agricultural products. Soils within the
property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well
drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily
for woodland and pasture. The Land Study Bureau's Detailed Land Classification System
identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The
ALISH System classifies soils within the property as Other Important Agricultural Lands,
which include lands other than Prime or Unique Agricultural Land that is also of
statewide or local importance for agricultural use. The Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea
determined to be outside of the 500-year flood plain.
The property is located on the north side of Kaloko Drive in the Kaloko Mauka
Subdivision at approximately the 2,200-foot elevation. Lands to the north are zoned
Agricultural 20-acre (A-20a), and land to the south across Kaloko Drive is zoned Family
Agricultural 3-acre (FA-3a). Lands to the east and west aze zoned Agricultural 3-acre (A-
3a). Surrounding properties aze in low-density residential uses surrounded by pasture and
forest land. There are some small pasture and nursery areas within the subdivision. The
forest lands of Makaula-Ooma abut the subdivision to the north at approximately the
2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the
north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai
Ranch. The Palani Ranch abuts the property along its southern boundary. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision.
The proposed access to the property is from Mahi Street and Kaloko Drive, a 22-
foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of--ways,
according to the applicant. Kaloko Drive intersects with the Mamalahoa Highway less
-2-
than two miles below the property. The Department of Transportation (DOT) is
concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the
cumulative impact of these changes on the intersection of Mamalahoa Highway and
Kaloko Drive. The DOT has stated that the intersection must be improved due to the
additional traffic and activity on the roads from the cumulative effect of the land use
change, and recommends the following:
• Illuminate the intersection at night
• Channelize turning movements at the intersection
• Other safety improvements
The DOT has farther stated that their understanding is that the intersection
improvements will be implemented by the County at no cost to the State. The DOT
requests that all plans for improvements within the State highway right-of--way be
submitted to the Highways Division for review and approval. Similar comments have
been received for other change of zone requests in the Kaloko Mauka Subdivision. The
Department of Transportation, Department of Public Works, and the applicant have all
acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive
intersection. The roadway improvements are essential since similaz changes of zone may
occur throughout the Kaloko Mauka Subdivision and the creation of additional home
sites would place an increased burden on traffic at the intersection. The Mamalahoa
Highway-Kaloko Drive intersection is of a "T" configuration without chazmelization
improvements. Conditions of approval will be included to address the Department of
Transportation's concerns.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultural activities or the
presentation of the lands within the proposed subdivision in a manner consistent with the
Orchard designation by the General Plan LUPAG Map and Other Important Agricultural
Land designation by the AI.ISH system. The requested FA-3a zoning is consistent with
the recommendation of the Kona Regional Plan. The proposed subdivision would be
compatible with the rural character of lands located within the Kaloko Mauka
-3-
Subdivision. A condition will be included to incorporate covenants restricting the
construction of second dwelling units on each subdivided lot.
According to a December 27, 1999 aerial photograph of the Kaloko Mauka
Subdivision, the property has been cleared in the past. According to the applicant,
wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest
birds. Vegetative cover is a mixture of native and non-native species. The proposed
development has the potential to alter the mixture of plant life, however, the low density
of the proposed development and conditions applied to previous rezonings will assure the
continuation of habitat for existing wildlife.
The 'Alala Recovery 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 the 3,200 feet to 3,400 feet elevation, including all parcels
in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential
habitat for the 'Alala. Once such a habitat is secured, a specific management plan for
each 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 property is located within Block 5 at approximately the 2,200-foot
elevation.
As part of the Office of State Planning's five-yeaz State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog-drip azea mauka of the 2,000-foot elevation be redesignated into the
Conservation District for protection as a watershed rechazge area. The Kona Watershed,
which provides for the recharge of aquifers which supplies most of Kona's drinking
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water, includes those lands located within the Kaloko Mauka Subdivision and situated
above the 1,900 foot elevation, which includes the property. The property, located at the
2,200-foot elevation, does not seriously compromise the recommendations of these
studies beyond existing conditions. The property is located at or neaz the elevation
recommended for preservation as a habitat for the'Alala. Although the property is
located within the water rechazge azea, the condition will be included to retain 67% of the
forest cover on the site to preserve the watershed qualities and watershed area. Approval
of the requested change of zone will not alter the existing land use conditions within
Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow
for a variety of agricultural activities to be conducted on the property.
In addressing potential adverse visual impacts the cleazing of the property for
individual home sites and agricultural uses may have on the existing upland forest
character within the area, the applicant has proposed the following:
• a 60-foot wide "forest reserve easement" for buffer purposes along the existing
roadway;
• a 30-foot "forest reserve easement" along all lot lines not covered by the 60-
foot easement;
• a 60-foot wide structural setback along the existing roadways in lieu of the
required 30-foot setback along the property's public street frontage to provide
an additional buffer;
• at least 50% of the lot area to be retained in forest;
Conditions will be included to preserve the forest corridor along the roads of the
Kaloko Mauka Subdivision. Although the applicant has proposed that at least 50% of the
lot azea be retained in forest, the Planning Director is recommending that at least 67% be
retained in forest to be consistent with Ordinance No. 02 105, effective September 12,
2002 for a change of zone from A-20a to FA-3a on TMK: 7-3-24: 11. Also
recommended are conditions to restrict against the construction of a second dwelling and
a preparation of a conservation plan for each subdivided lot, and a "fair share"
contribution to mitigate any potential impacts.
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There have been several archaeological studies conducted in the area. An
azchaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of
an agricultural field system up to the 3,500-foot elevation at certain locations. According
to the applicant, there is no record of historic sites on the property in either the National
or State Registers. By letter dated April 24, 2004, the applicant has requested a "no
effect" letter from the State Department of Land and Natural Resources Historic
Preservation Division."
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located approximately seven miles mauka of the shoreline
and therefore will not be impacted by coastal hazazd and beach erosion. There is no
record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the properties and
there is no evidence of any traditional and customazy Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area.
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources: No formal azchaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing archaeological studies of the immediate area.
• The valued cultural, historical, and natural resources found in the rezoning area:
In similar rezoning in the Kaloko Mauka Subdivision, the State Department of
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Land and Natural Resources Historic Preservation Division has stated that the
likelihood of historic sites is extremely low due to elevation and terrain and no
historic properties will be affected by this undertaking.
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by construction or ground alteration. There is no evidence that the flora
in the azea aze pazticulazly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights aze exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
According to the Department of Water Supply ,water can be made available from
an existing 8-inch waterline along Kaloko Drive. Wastewater generated by the proposed
development will be disposed of by individual wastewater disposal systems for each lot,
meeting the requirements of the Department of Health. All other essential utilities and
services are or will be made available to the site.
Based on the above findings, approval of the Change of Zone request from an
Agricultural 20-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district
would result in an appropriate land use pattern that will further the public necessity and
convenience and the general welfaze.
The accompanying drafr bill to amend Section 25-8-2 (North and South Kona District
Zone Map) is provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
CKnierimRE~7/15/04
PHIL KNIERIM
CHANGE OF ZONE APPLICATION (REZ 04-011)
CONDITIONS OF APPROVAL
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance. The applicant shall reserve the following easements and special
setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
1. a 60-foot wide "forest reserve easement" along the existing roadway
frontages of the subject property, exclusive of the access point permitted
by the Department of Public Works.
2. a 30-foot "forest reserve easement" along all lot lines not covered by the
60-foot easement; and
3. a 60-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than
sixty-seven percent (67%) of the entire lot area shall be retained in forest. A copy
of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall
be recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
G. A forest management plan for the proposed lots within the subject property shall
be prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources. The
forest management plan shall require the following:
1. Include at minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewardship Program).
2. The forest management program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded with
the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of
the covenants to be recorded shall be submitted to the Planning Director
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for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
3. If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the forest management plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20% within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This forest management plan shall govern the proposed lots within the
subject property for a period of fifty (50) yeazs and its termination may be
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. A drainage study of the project site, if required, shall be prepazed for review and
approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed in a
manner meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
I. Vehicular access to Kaloko Drive shall be limited to one common driveway
approach as approved by the Department of Public Works.
J. Should any remains of historic sites, such as rock walls, ten•aces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate azea shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
K. The applicant shall prepare a Solid Waste Management Plan for the development
-3-
meeting with the approval of the Department of Environmental Management.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
number of lots proposed to be subdivided by the amounts allocated for each such
lot, and shall become due and payable prior to Final Subdivision Approval for any
portion of the subject property. The fair share contribution shall be allocated to
road impacts and be in the form of cash and/or in kind services approved by the
Planning Director and shall be applied to improving the Kaloko Drive/Hawaii
Belt Road intersection. The fair share contribution shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Price Index (HPI). For purposes of
administering this condition, the fair mazket value of land contributed or the cost
of any improvements required or made in lieu of the fair shaze contribution shall
be subject to the review and approval of the director, upon consultation with the
appropriate agencies. Upon approval of the fair share condition, the director shall
submit a final report to the Council for its information that identifies the specific
approved fair shaze contribution, as allocated, and further implementation
requirements.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
N. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
-4-
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
O. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
-5-
BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), AR"fICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-25:7.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawaii, shall be Family Agricultural (FA-3a):
Begiiming at the Northwesterly corner of this parcel of land, being a point on the
Northeasterly side of Mahi Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA"being 12,017.16 feet South
and 4,296.86 feet West and running by azimuths measured clockwise from True South:
1. 232° 28' 30" 1,861.62 feet along Makaula-Ooma Mauka Tract
(Govennment Land) (State of Hawaii) to a
point;
2. 351 ° 00' 1,196.01 feet along Lot 2-G, Lot A (Road Lot) and
Lot 2-A and along the remainder of Land
Commission Award 7715, Apana 11 to Lota
Kamehameha to a point;
Thencc, following along the Northerly side of Kaloko Drive on a curve to the left
with a radius of 840.00 feet, the chord
azimuth and distance being:
3. 79° 55' 42" 1,380.17 feet to a point;
-I-
Thence, following along the Northeasterly side of Mahi Street on a curve to the
right with a radius of 30.00 feet, the chord
azimuth and distance being:
4. 64° 30' 42" 64.04 feet to a point;
5. 104° 20' 14.50 feet along the Northeasterly side of Mahi
Street to a point;
Thence, following along the Northeasterly side of Mahi Street ou a curve to the
right with a radius of 282.11 feet, the chord
azimuth and distance being:
6. 134° 40' 284.95 feet to a point;
7. 165° 00' 116.33 feet along the Easterly side of Mahi Street to
the point of beginning and containing an
area of 20.477 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which maybe adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfilhnent of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. Li the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Lrtroduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a)
TO FAMILY AGRICULTURAL (FA-3a)
AT KALOKO,NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-025:007 Date: May 25, 2004
EXHIBIT (Phil Knierim 1135)