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HomeMy WebLinkAboutCOM 0375.000 1996-1998 •+qsn c= '~a William G. Davis Stephen K. Yama5hi70 ~ Managing Dirttfor Mayor , Henry Cho ~ii~•N,Nr'i~~`z Deputy Managing Dimctor ~IIlI2t~~? II~ ~MitTtCTT 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 Faz (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 June 25, 1997 c.- OC? C.O ,i G~c_._ N Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii - 25 Aupuni Street , r, Hilo, HI 96740 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-29) Applicant: Geoffrey and Janet Newlon Request: A-20a to A-7a Tax Man Key: 7-3-26:4 As required by Chapter 4, Section 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced Change of Zone Application. Sincerely, f ,~~,r_. '~I Stephen K. 1'9mashiro Mayor Enclosures xc: Planning Commission REZ 96-29 O, ll io7 Oo~totr, Yo~_ rtt~ no.1~~i / KN fUe f. 2b: __,ll L___.___.._. 1'at. Nate JUN 2 7 1997 - M[Y Of • VLF. Stephen K. Yameshiro ~ ~ Mayor • ,,rr~~ ~•O~•Mr~~ ~CLIIIlrIi~~1 II~ tI~ItCtt PLANNING COMMISSION 25 Aupuni Strtet, Room 109 • Hilo, FLa~il %720.252 (808) %1.8288 Fu (808) %I-%15 JUN 2 5 1991 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-29) Applicant: Geoffrey and Janet Newlon Request: A-20a to A-7a Tax Map Key: 7-3-26:4 The Planning Commission, after a duly held public hearing on June 12, 1997, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 20.126 acres of land from Agricultural (A-20a) to Agricultural (A-7a). The original application requested to change the district classification from Agricultural (A-20a) to Agricultural (A-Sa). The Planning Committee, at its meeting of March 6, 1997, moved to refer Bill 50 (Communication 167) back to the Planning Commission for reconsideration to address the applicants' current request. The property is located in the Kaloko Mauka Subdivision at the 3,200 foot elevation, along the east side of Hao Street at Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone Application from Agricultural-20 acres (A-20a) to Agricultural-7 acres (A-7a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: ? Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ? Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. ? The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. ? Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. ? Protect and encourage the intensive utilization of the County's important agricultural lands. ? The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. ? Agricultural land shall be used as one form of open space or green belt. On June 19, 1996, the County Council adopted Resolution No. 330-96, which established a policy relating to the amendment of zone district boundaries within the Kaloko Mauka Subdivision and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any zone district having a minimum lot size of less than 20 acres. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 On June 2, 1997, the County Council adopted Resolution No. 58-97. This resolution amends the Council's policy relating to the rezoning of district boundaries within Kaloko Mauka Subdivision. The Council finds that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. The resolution recommends that zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation include the limited density with the conditions as stated within Resolution No. 58-97, provided that the other goals, policies and standards of the General Plan are met. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Kiloa extremely stony muck (rKXD). This soil consists of well-drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Unique Agricultural Land" by the ALISH system. "Unique Agricultural Land" are lands that have the special combination of soil, quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Kona Soil and Water Conservation District will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Extensive Agricultural" designation by the General Plan LUPAG Map and "Unique Agricultural Land" designation by the ALISH system. The requested A-7a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision of 7 and 13-acre lots would be compatible with the rural character of lands located within the upper elevations of Kaloko Mauka Subdivision which are zoned A-20a and A-10a. The applicants have agreed to impose restrictive covenants requiring the filing of a conservation plan with the Soil and Water Conservation District as well as restricting the construction of second dwelling units on each subdivided lots. The 7 and 13-acre lot sizes will also provide additional opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 20-acre parcels. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Lands located within the upper regions of Kaloko Mauka Subdivision are predominantly zoned A-20a. Recent zoning classifications have been approved for 5-acre parcels at the 2,900-foot elevation and 10-acre parcels at the 3,000-foot elevation. The subject property is adjacent to a 10-acre zoned lot and bounded by 20-acre zoned lands. However, an increasing number of parcels are being affected with condominium property regimes. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of Kaloko Mauka Subdivision. The subject property is located at the 3,200-foot elevation. The 'Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered 'Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200-foot elevation be designated as "essential habitat" for the 'Alala. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Whether a parcel has an Agricultural zoning with a minimum lot size of 7 or 20 acres, uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. Therefore, a favorable consideration of this request will also complement the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan previously cited above. Primary access to the subject area from the Mamalahoa Highway is provided by Kaloko Drive, a County roadway, which has a pavement of approximately 20 feet with 8-foot wide grassed shoulders within an 80-foot wide right-of-way. Hao Street, also a County roadway, has a 60-foot right-of-way with a 20-feet wide pavement and 8-foot wide grass shoulders. These roadways are able to accommodate the proposed 2-lot subdivision. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. The analysis of traffic along Kaloko Drive and at its intersection with the Mamalahoa Highway found that there are no appreciable delays at this intersection during the AM and PM peak traffic hours. The State Department of Transportation and County Department of Public Works have expressed the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional homesites placing additional traffic burdens on the intersection. Water for the proposed subdivision development will be provided by the existing County's North Kona Water System. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 utilities and services are or will be made available to support the proposed development. An archaeological investigation of the Kaloko ahupua'a was conducted by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the application, archaeological sites may be located within the subject property. The applicants stated that no construction or land alteration activity will commence until such time that the appropriate clearances are secured from the affected State and County agencies. It is recommended that an archaeological study of the subject property be submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), prior to the submittal of plans for subdivision review. Should significant historical sites be located within the subject property, an archaeological preservation/mitigation plan be submitted for review and approval by the Planning Director, in consultation with the DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land alteration activities. In addressing potential adverse visual impacts, the clearing of the subject property for individual homesites and agricultural uses may have on the existing upland forest character within the subject area, the applicants have proposed a 60-foot wide "forest reserve easement," a 100-foot wide structural setback along the existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve easement" along all lot lines not covered by the 60-foot easement and a provision that no-less-than 50 percent of the entire lot area be retained in forest. These recommended conditions, which has the support of the Planning Director, will attempt to preserve the forest corridor so prominent along the roads of Kaloko Mauka Subdivision. Based on the above findings, approval of the Change of Zone request from Agricultural-20 acres (A-20a) to Agricultural-7 acres (A-7a) zoned district would 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, the North and South Kona District Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission AK: syw LNew1o02.PC Enclosures cc: Mr. Dennis W. Haserot Geoffrey and Janet Newlon Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Q BNEWL002.emm-6/9/97 COUNTY OF HAWAII PLANNING DEPARTMENT BACK RO F,PORT GEOFFREY AND JANET NEWLON CH N OF .O PP .I ATIOI~ F7 NO 96-291 GEOFFREY AND JANET NEWLON, is requesting for an application (amended) for a Change of Zone for approximately 20.126 acres of land by changing the district classification from Agricultural (A-20a) to Agricultural (A-7a). -The application was originally requested from A-20a to A-Sa and is relative to County Council's Bill No. 50 (Communication No. 167). The property is located in the Kaloko Mauka Subdivision at the 3,200 foot elevation, along the east side of Hao Street at Kaloko, North Kona, Hawaii, TMK: 7-3-26:4. GENERAL. INFORMATION 1. Owner: Geoffrey and Janet Newlon are the fee owners of the subject property. 2. November 13, 1996: The applicant originally submitted an application for a Change of Zone from A-20a to A-Sa. (See Exhibit A -Excerpts from Change of Zone Application) 3. February 19, 1997: Planning Commission forwarded an unfavorable recommendation on the Change of Zone request to the Hawaii County Council. 4. March 7, 1997: Memorandum from the County Cauncil Plaru.ir.g Committee Chairman Bobby Jean Leithead-Todd to Kevin Balog, Planning Commission Chairman, informing the Commission that the Planning Committee held a hearing on March 6, 1997 and referred the matter back to the Planning Commission to address the applicants' amended Change of Zone request from an A-20a to A-7a rather than the original A-Sa zone designation. (See Exhibit B -March 7, 1997 Memorandum and Attachments Bill No. 50, Communication No. 167 and March 6, 1997 hearing transcript) APPLICANTS' REQUEST 5. Request: The applicants are now requesting for anAgricultural-7 acres (A-7a) zone designation in order to subdivide the subject property into a total of 2 lots in sizes of 7 Att. to- C-375 (Bill 107, and 13 acres. The applicants originally intended to subdivide the subject property into 6 acres and 14 acres lot sizes. The applicants are currently building a home on a portion of the subject property and will sell the other portion to another couple, who will build a home for themselves. STATF. CO TNTY P . N 6. SLU: Agricultural 7. GP LUPAG Map: Extensive Agricultural 8. General Plan Consistency: Economic and Land Use Elements goals, policies and courses of action for North Kona. 9. Hawaii State Plan Consistency: Economic objectives and policies. 10. Zoning: Agricultura120-acre (A-20a) 11. SMA: The property is not situated within the Special Management Area (SMA). 12. County Council's Resolution No. 330.96: On June 19, 1996 the County Council adopted Resolution No. 330-96, which established a policy relating to the amendment of zone district boundaries within the Kaloko Mauka Subdivision and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any zone district having a minimum lot size of less than 20 acres. (See Exhibit C -Resolution No. 330-96) 13. County Council's Resolution No. 58-97: On June 2, 1997 the County Council adopted Resolution No. 58-97. This resolution amends the Council's policy relating to the rezoning of district boundaries within Kaloko Mauka Subdivision. The Council fmds that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. The resolution recommends that Agricultural-10 acres (A-l0a) zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and -2- include the conditions as stated within Resolution No. 58-97 with such recommendation provided that the other goals, policies, and standards of the General Plan are met. (See Exbibit D -Resolution No. 58-9'n DF.S IZiPTION OF PROPERTY AND SURROUNDING AREAS 14. Subject Property: The subject .property is a rectangular shaped lot. 15. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Kiloa Extremely Stony Muck (rKXD), 6 to 20 percent slopes. This soil consists of well-drained, thin, extremely stony organic soils over fragmental A'a lava. The surface layer is very dark brown, extremely stony muck about 10 inches thick. Permeability is rapid, runoff is very slow and the erosion hazazd is slight. This soil is used for woodland and pasture. 16. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. This soil is unsuited for machine tilling. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils within the subject property are classified as "Unique Agricultural Land" by the ALISH System. "Unique Agricultural Land" are lands that have the special combination of soil quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modem farming methods. 18. FIRM: The subject property is located within Zone X, areas determined to be outside the 500-year flood plain, 19. 'Alala Recovery Plan: This 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 -3- Kaloko above approximately 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 thru 13 of Kaloko Mauka Subdivision, be designated as essential habitat for the 'Alala. Once such a habitat is "secured", a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. The subject property is located at an elevation of approximately 2,500 feet above mean sea level, below the elevation recommended as an essential habitat. 20. Flora and Fauna: The subject parcel is heavily vegetated and is covered with ohia, tree fern and a variety of shrubs and non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese pheasant and other forest birds. Though the area above 3,200 feet in Kaloko has been considered an important habitat for the Alala, recent discussions with Jon Griffin of the Department of Land and Natural Resources (DLNR) indicate that there have been no sightings in Kaloko during this decade. 21. Surrounding Zoning/Land Uses: The Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot elevation of Hualalai. Between the 1,700 to 2,600-foot elevation, the lands are zoned A-3a and A-20a. At the 2,900-foot elevation, the lands are zoned A-5a and A-20a. At the 3,000 to 4,200-foot elevation, lands are zoned A-l0a and A-20a. (See Exhibit E -Current Zoning Surrounding Properties) PUBLIC UTILITIES AND SERVICES 22. Roads: Access is off of Hao Street via Kaloko Drive. Primary access to the subject property from Mamalahoa Highway is provided by Kaloko Drive, a County roadway, which has an 80-foot right-of--way with a 20-feet wide pavement and 8-foot wide grass shoulders. Hao Street, also a County roadway, has a 60-foot right-of-way with a 20-feet wide pavement and 8-foot wide grass shoulders. 23. Services: All essential utilities and services are available to the subject property. -4- ACF.NCIE4' COMMENTS (received during the ori¢inal A-Sa requestl 24. Fire Department: (See Exhibit F -December 10, 1996 Memo) 25. Real Property Tax Office (November 29, 1996 Memo): "There are no comments at this time. Real Property Taxes are paid through December 31, 1996." 26. Civil Defense (December 5, 1996 Memo): "In response to the subject memo dated November 18, 1996, I am not quite sure how to interpret the answers on page 3 (items 8 and 9). "Thank you for the opportunity to review the application." 27. Department of Health (November 26, 1996 Memo): "Health Department found no environmental health concerns with regulatory implications in the submittals." 28. Department of Public Works (December 24, 1996 Memo): "We have reviewed the subject application and offer the following comments: "1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. " 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. " 3. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. "4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. "5. Vehicular access shall meet with the approval of the Department of Public Works. The sight distance must meet the requirements of the Statewide Design Manual. All lots should be accessed from one common access road." 29. Department of Water Supply (December 3, 1996 Memo): "We have reviewed the proposed change of zone application. "Water can be made available from an existing 4-inch waterline along Hao Street. -5- "Pursuant to the Department's 'Water Commitment Guidelines Policy,' a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one (1) additional unit requested in the proposed 2-unit development, the required water commitment deposit is $150.00. "Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The 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. "Should the subject application be approved and a subdivision application be executed, approval will be subject to the following conditions: "1. Construct necessary water system improvements which shall include, but not be limited to a service lateral that will accommodate a 5/8 inch meter to the additional lot. "Submit construction plans and design calculations prepared by a professional engineer, land surveyor, or architect, registered in the State of Hawaii, for review and approval. " 2. Remit the prevailing facilities charge and capital assessment fee, which are subject to change, of $2,700.00 and $500.00, respectively. "Should the applicant have any questions, please call our Water Resources and Planning Section at 969-1421." 30. Police Department (December 3, 1996 Memo): "According to the above-referenced change of zone application, eleven applications for rezoning requesting reclassification from A-20a to A-3a were granted between 1974 to 1994 (refer to page 17, paragraph i). "This application reflects a trend of increasing numbers of rezoning requests in Kaloko Mauka. If all of these applications are approved, the subdivision could contain three to four times more lots than was originally planned for when the subdivision was first approved. "In this light, it is our opinion that the roads are not adequate to handle the traffic that would result should all of these applications be approved. -6- "Staff submits that rezoning applications in this area be reviewed collectively and not individually as the applications suggest. We also recommend that the impact on the Palani Road/Kaloko Drive intersection be cazefully considered when approving any new applications for rezoning in Kaloko Mauka." 31. Land Use Commission (November 26, 1996 Letter): "We have reviewed the subject Change of Zone application as transmitted by your memorandum dated November 18, 1996, and have the following comments to offer: "1) We confirm that the subject parcel, consisting of approximately 20.126 acres, and identified as TMK: 7-3-26: 4, is within the State Land Use Agricultural District. " 2) Page 20 of the Supporting Document to the Change of Zone application states that activities will be limited to a maximum area of 20% of each parcel, and the remainder will be retainedztt its natural forested state. Clarification is needed as to the types of activities that are to be included within the 20% maximum area. " 3) Clarification is needed as to the types of agricultural activities that both lots will be engaged in. Pursuant to the Attachment to the Change of Zone Application (page 21, et seq.), it is our understanding that currently, the subject.pazcel has no agricultural activity, and the construction of asingle-family residential unit is the only activity. However, the Attachment goes on to state that a family garden and orchard will be implemented for the property. It is uncleaz whether both lots will have the same family garden and orchard activity, since they will be subdivided and have different fee owners. "We have no further comments to offer at this time. "Please provide information to clarify the above-mentioned items to our office for our files. "Thank you for the opportunity to provide comments on this application." -7- Y / Applicant's Response (December 15, 1996 Letter): "Thank you for your comments to the subject application. "The upper elevations of Kaloko are dense ohi'a forest. Area residents have voiced concern about clearing and grading activities which often follow rezoning and subdivision. The restriction onyse of the parcels to 20% of each lot is intended to preserve significant portions of the forest while allowing the owners sufficient space to build a home with a yard and garden orchard. "Each lot owner will be allowed to clear no more than 20% of the lot, on which the residence and any agricultural activities will be located." "I hope this answers your questions." 32. Department of Transportation (December 2, 1996 Letter): "Thank you for your transmittal of November 18, 1996. "The cumulative effect of the planned projects in the Kaloko Mauka Subdivision, including the subject parcel, will adversely affect Mamalahoa Highway to Kaloko Drive, and require intersection improvements. Those improvements amibutable to the subject subdivision should be at no cost to the State. "It is our understanding that developers in the subdivision will be required to contribute toward the cost for the intersection improvements. The improvements should be implemented on a timely basis, to be in place to adequately accommodate the build out of the subdivision. ~'Ve appreciate Lhe epportunity to provide comments." AGENCIES - NO RESPONSE 33. Department of Parks and Recreation, Department of Agriculture, Department of Land and Natural Resource, Natural Resources Conservation Service and HELCO PUBLIC COMMENTS 34. Roger and Lydia Weiss: (See Exhibit G -February 5, 1997 Letter) -8- APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT TMK: 3rd: 7-3-26:04 Applicant: Geoffrey and Janet Newlon REASONS FOR REQUESTING TAE GRANGE OF ZONE The owners wish to subdivide the property into two lots, of approximately 14 acres and 6 acres. The owners are currently building a home on one parcel and will sell the other parcel to another couple, who will build a home for themselves. ADHERENCE TO GENERAL PLAN POLICY The parcel currently has a Land Use Designation of Agriculture and County zoning of A-20ac. The General Plan designates the parcel "Extensive Agriculture." The proposed rezoning and subdivision into two parcels is consistent with the General Plan policy: M. LAND USE Standards (1) Agriculture Policies: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The expanded form of the above policy can be found in the General Plan Support Document in the Land Use-Agriculture subsection: Rural-style residential-agricultural developments may include either small scale rural communities or extensions of existing rural communities. Such development provides opportunities for a mix of residential and small scale agricultural activities. However, the primary intent of these developments would be to provide an added range to housing opportunities. Along with this housing, the large lots of these rural areas will provide opportunities for part-time agriculture, gardening activities and the raising of livestock on a small scale. By providing opportunities to satisfy the demand for a rural lifestyle on marginal agricultural land, the pressures to develop our important agricultural land for these purposes would be decreased. EXHIBI? A' 4. ' , I - N~ ~ ~ G * C' - r laao ~ - ~ 0 t V 7 - 7 4LAL.C N FAT IX Ipppt A NA ~ ® O ~ 0 7 y' c woo - t - _ 1! A S A U tL A _ J~~ O O I~ A ` t [A IY/ NAM {Oa! 1\I _ a~ 1 ~ ` L ~ t e o - 't ~ 1 ? O H ~ ~ 6 N 1 \ a s r ~ ~ ~ e t v 4 ~ 1 ~ ~ 0 N, ° y ~ o o 4ar~ ~ ~ J Y O 1 1. ~ ~ ~ ~ ~ 1 ` ~ ~ ~ ~ ~ ~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "c' 9 ~ SG`ALE ~y"=204' ~ ` ~ ~ ~ O. y \ ~ ~ ~ i i M \ ~ ~ ~ ~ OC, K \ Y1 ~ ~ ~ . ~ ' ` 1.01' I C.~ A ` ~ . / \ \ / ~I i \ ~ ~ ~ ~ ~ ~ ~ O \ ~ ~ ~ \ ` \ ~ ~ ~ ~ c 6 ~ ` ~ ` \ ~~,SITE PIyAN ~ ~ 1 3. • The Palani Ranch 1; s of Honokohau abut Kaloko Mauk n the south along its entire boundary. These lands have historically been grazed. Recently, an eighty acre parcel (4500 to 5700 feet elevation) is being used for forest products. • The Kaupulehu Forest Reserve (Bishop Estate) abuts the mauka boundary. Approximately 75% of the land surrounding Kaloko Mauka has been used for grazing purposes for many decades. There are no near-term plans which would alter these uses. 7, xw f ~ Ma Kit y41A Al? _ r-r-- wa, o ~ x ~ s f - ~ xei.e N r¢r a nao~ _ i- ~ ® d~ Gf~AZING ~ i FORE~T ~ {A IYl MA , r" iq]p ~ `L FOREST ~U s PRODUCTS ~ r ~ ~ - FOREST Z~N~ \ ~ ~ Fo~~S ~ 4 (i'~EVIOUSLY'~ GRA INGT~ v ~ s ~ ~ l ~~Pti ~ ~ c. cC ~J lES IE~ IE ~T °1C IL ~ ~T IID 1U ~ 54JRIIr®QJNIDIINt'r P1EII®PEII2TIIES INFRASTRUCTURE ROADS The property is accessed from Mamalahoa highway, mauka on Kaloko Drive and Hao Street approximately 4 miles. Hao Street is a 60 foot right of way with 22 feet paved and 8 foot grass shoulders. The grass shoulders have been an effective means of dispersing runoff from the paved section, and no shoulder erosion is evident in the 20 years since construction. The proposed subdivision into two lots will not increase traffic beyond that which would be generated by construction of a residence and an "Ghana" structure. The surrounding roadway infrastructure is adequate and the subject development will have no noticeable impact on traffic. The development will make its "fair share" contribution for roadway and other infrastructure impacts prior to final subdivision. - WATER The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,000 foot elevation. The reservoirs have a total capacity of 500,000 gallons, sufficient for a density of one unit for each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the Island wide water rate due to additional pumping costs. The existing water system in Kaloko has capacity for the subject development. Since rainfall is sufficient to support many agricultural uses, these activities are not expected to burden the system. ELECTRIC POWER Electric lines and street lights at intersections were installed as a part of the Kaloko Mauka Improvement District. 1'i , HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA From the time of completion of subdivision improvements for Kaloko Mauka in 1974 until early 1994, there were thirteen applications for rezoning. All were for reclassification from A-20a to A-3a. Eleven of the applications were approved. Two, in 1980, were denied due to concern for the 'Alala, believed to reside in the upper elevations. Zoning conditions imposed on these reclassifications were not consistent and were the cause of much concern among Kaloko Mauka residents In December, 1994, six additional rezoning applications were reviewed during the same Planning Commission hearing. Prior to the hearing, the agent for the applicants conducted an open forum meeting with owners and residents of Kaloko Mauka. Zoning conditions were proposed which were designed to address the known concerns of the area residents. The Planning Commission forwarded favorable recommendations to the County Council with the proposed conditions and, after further meetings with Kaloko residents, resulting in additional conditions, the Council approved the reclassifications in March, 1995. In September 1996, two zone change applications were approved for 10-acre density at the 3400 and 4200 foot elevations. Because of heightened concern for the forest, watershed, and wildlife values in these regions, additional conditions were placed on the approvals. The conditions of approval for these upper elevation parcels, in abbreviated terms, were as follows: 1. A 100 foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback, the purpose of which is to lessen visual impact of development; 3. A 30 foot "forest reserve easement" along all lot lines not covered by the 60 foot easement, the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80% of the entire lot area be retained in forest; 5. A restriction against- second dwellings, the purpose of which is to fix density at the time of zoning; 1~ . PROPOSED USES AND CONDITIONS The owners wish to subdivide the property into two lots, of approximately 14 acres and 6 acres. The owners aze currently building a home on one pazcel and will sell the other pazcel to another couple, who will build a home for themselves. Activities will be limited to a maximum area of20% of each pazcel, with the balance of the lots being retained in their natural forested state. 1 P_ roposed Conditions J The applicant was supportive of the conditions and. restrictions placed on the two recent rezonings and proposes that the same set of conditions be applied to this request. 1. A 100 'foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback, the purpose of which is to lessen visual impact of development; 3. A 30 foot "forest reserve easement" along all lot lines. not covered by the 60 foot easement, the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80% of the entire lot area be retained in forest; 5. A restriction against second dwellings, the purpose of which is to fix density at the time of zoning; 6. A forest management plan shall be prepared and submitted for review ~ and approval of the Planning Director, I ~ 7. A "fair share" contribution reflecting the creation of one new lot. The proposed density is consistent with the density/elevation pattern of the most recent rezonings in Kaloko. I '2.0 , f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, includein your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. ~ 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? !~G Howl ` i 4. Are there any buildings on the subject area? ONB Uuth~ t.E1.s__ C~L1V If so, what kind? F . iLtM~rt~ci~tib What do you intend to do with those buildings if your request is approved? Ste i ata a~, t't+*,tc~-t-~u: Is the subject land currently being used for any agricultural activity? NC If so, please list the kinds of products grown and on how many square feet or ' acres of land per product. 6. Was your request to allow for the creation of smaller agricultural u lots? t-~_ If so, did your plan include the following considerations? a. Commodity to be praducedT FAN~tt..-C C>M?.f~~?+ What kinds of commodity? ~ uStr b. Suitability of the proposed lot-size for that commodity? `~C~i c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? ~f7 - NA tN~7dD -2- Yes ] e. Police Protection i f Fire Protection p g. Recreational Facilities x h. Public Utilities 1a i. Other ~ For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 1 j, ~ Signature: ~ wt4-~J ~ Address: ~'D ' ~ ~oZ~\ ! Telephone: ~-Q t Q~~~~ Date: 1~ • lD • ~b 4. µ2r Oi N9 BOBBY JEAN LEITHEAD-TODD `y 1~G~%¢. Phone: (808) 961-8261 Cauncilmember FAX: (808) 9693291 +i pie ui•Mi~ a COUNTY COUNCIL County of Hawaii Hawaii County Building =25 Aupuni Street Hilo, Hawaii 96720 ~ March 7, 1997 ~ ~ -o ~ To: Kevin M. Baloq, Chair - Planning Commission i ~ From: Bobby Jean Lei.thead-Todd, Chair Committee on Planning Subject: Change of Zone Application (REZ 96-29) Applicant: Geoffrey and Janet Newlon Request: A-20a to A-5a Taa Mau Rev 7-3-26:4 The Planning Committee at its meeting held on March 6, 1997, moved to refer Bill 50 (Communication 167) regarding the above application, back to the Planning Commission for. reconsideration. The action was taken to address the applicant's new request, which is to seek a change of zone other than (A-20a) to (A-5a), as contained in Bill 50. If there are any questions, please call me at 961-8261. Attachments (Bill 50, C-167) ac: Dennis Haserot P.O. Boz 6251 Kamuela, HI 96745 EXHIBIT 5 ~ COUNTY OF HAWAII STATE OF HAWAII BILL N0.50 ti• ORDINANCE NO. AN ORDINANCE 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 AGRICULTURAL (A-Sa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-26:4. 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 Agricultural (A-~a): Beginning at the Southeasterly corner of this pazcel of land, being also the Southwesterly corner of Lot 9 of this subdivision and being the Northeasterly comer of Lot 11 of Block 7 of Kaloko Mauka Subdivision, Increment 3 (File Plan 1432), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 12,614.67 feet South and 3,942.67 feet East and running by azimuths measured clockwise from True South: 1. 45° 00' 923.58 feet along Lot 11 of Block 7 of Kaloko Mauka Subdivision, Increment 3 (File Plan 1432) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 2. 135° 00' 910.00 feet along the Northeasterly side of Hao Street to a point; 3. 225° 00' 1,003.19 feet along Lot 8 of Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Awazd 7715, Apana 11 to Lota Kamehameha to a point; 4. 320° 00' 9] 3.48 feet along Lot 9 of Block 7 of Kaloko Mauka Subdivision, Increment 2, (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to the point of beginning and containing an azea of 20.126 Acres All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: E ective Date: FERENCE: Comm. 167 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: _ A-20a I \ t' - TRUE NORTH s~oi~ . I - i.ooa r.. n-so• n-so. n-2o. AGRICULTURAL (A-20a) TO AGRICULTURAL (A-Sa) AREA 20.126 ACRES - o`~~ 12.614.67 5 3.942.67 E k 4 L Lc M 4 "MOANUTAHEA- O 3TgFET o~0 ~P A-20• A-20. 4 fit. ~P S o P P r p~' 'r A- • A-5• A-10a To Momalohoa Hi hwa A-20. A-20• n' A-10• AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE B, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-Sa) AT KALOKO, NORTH KONA, HAWAII. PREPARED BY :PLANNING DEPARTMENT ~ COUNTY OF HAWAII TMK 7-3-26:4 JANUARY B. 1997 _ _ (eeortwcY .w .uwEr MMtOrp M~~ M M1 ~°.J~~"~~' ~ ~K'o William C. Davis Stephen K. Yamashiro Marrying Dncctor `y°'~°r Henry Cho ei'•.• • r` Dryuty Mawging Dirccfar 1n•pI •N~~ (f~nuz~f~t ~f ~tsiuttii - 25 Aupuni Street, Room 215 Hilo, Hawaii 96720.4252 (BOB) 961-8211 Fax (608) 961-6553 Ca KONA: 75-5706 Kuakuti Highway, Suite 103 Kailua-Kona, Hawaii 96740 ~ (BOB) 329-5226 Fax (BOB) 326-5663 T On rn zp m ~J C fV O February 19, 1997 { O^ ~ 3 ca 'j D ~ w Honorable James Y. Arakaki, Chairman = cr~l and Members of the County Council Counry of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-29) Applicant: Geoffrey and Janet Newlon Request: A-20a to A-Sa TaxMaR Key: 7-3-26:4 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the Counry Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced Change of Zone Application. Sincerely, S phen K mashiro Mayor AK: syw LNewIo01.MAY Enclosures cc: Planning Commission REZ 96-29 Bi 11 50 Ca>r.~ i>I0.~- P9le No. ZNt_IKn! Rsf. 'Los f ~ - cca 2 n 1997. ~tvw - Stephen K Yattuahiro Ma~sr ~C>QUnf~r u~ ~Ifutlit PLANNING COMIrffSSION . xs ,?~w~,i s..at, t~ to9 • wb. w...a 9s~w-asz teos> ~iaxee ~ teoe~ ~t.sbts FEB 1 9 1997 Honorable James Y. Arakaki, Chairman and Members of the Counry Council _ County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 96-29) Applicant: Geoffrey and Janet Newton Request: A-20a to A-Sa Tax Map Key: 7-3-26:4 The Planning Commission at its duly held public hearing on February 6, 1997, voted to forward an unfavorable recommendation to the County Council on the above request for a Change of Zone from Agricultural (A-20a) to Agricultural (A-Sa) for approximately 20.126 acres of land. The property is located in the Kaloko Mauka Subdivision at the 3,200 foot elevation, along the east side of Hao Street at Kaloko, North Kona, Hawaii. The unfavorable recommendation was based on the following findings: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by 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 Counry. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 ti. The Change of Zone Application from Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-Sa) zoned district does not conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access and public need. * Protect and encourage the intensive utilization of the County's important agricultural lands. * Agricultural land shall be used as one form of open space or green belt. The requested zone change also would not support the following Agriculture Standard of the Land Use Element of the General Plan: * The compatibility of agricultural and non-agricultural. uses should be carefully reviewed and where appropriate, buffers required. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social envirotunent. * Agricultural land shall be used as one form of open space or as green belt. * Agricultural lands shall continue to receive preferential treatment. Zoning shall protect and maintain prime agricultural lands from urban encroachment. The County Council's Resolution No. 330-96, passed by the Council for the County of Hawaii on June 19, 1996, established a policy relating to the amendment of zone district boundaries within Kaloko Mauka and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 ti. the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less,than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. The project site is comprised of soils identified as Kiloa Extremely Stony Muck (rKXD). This soil consists of well-drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasrure. Soils within the subject property have been classified as "E" (Very Poor) for agriculrural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Unique Agricultural Land" by the ALISH System. "Unique Agricultural Land" are lands that have the special combination of soil, quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The 5+ acre parcels that could be created would no longer function as a form of open space and green belt and would take away from the agricultural uses and life style of this area. Zoning becomes the fundamental means for protecting agricultural lands and "Unique Agricultural Lands" from speculation land development. These agriculrural lands should be protected from encroachment and reserved for primarily agricultural uses. The requested A-Sa zoning is inconsistent with the policies of the General Plan and the Hawaiil,County Council 12esolntion No. 330-96. The subdivision of 6 and 14-acre lots wg4tld be incompatible with the rural character of lands located within the upper elevatio of Kaloko Mauka Subdivision which are zoned A-l0a and A-20a. Approval of th's request to A-Sa would also allow other parcels to request rezoning, thereby, creati g the proliferation of small lots which would change the character and uses within the,area. In addition, the applicants state that activities will be limited to a maximum area of 20 percent of each parcel, and the remainder will be retained in its narural forested state. However the subject parcel currently has no agricultural activity and the construction of asingle-family residential unit is the only activity. The applicants further state that a family garden and orchard will be implemented for the property. It is unclear whether both lots will have the same family garden and orchard activity, since they will .be subdivided and have different fee owners. Lands located within the upper regions of Kaloko Mauka Subdivision are predominantly zoned A-20 and A-10 acre parcels at the 3,000-foot elevation. The Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Kaloko Mauka Subdivision extends from the 1,700-foot elevation to'the 5,700-foot elevation of Hualalai. Between the 1,700 to 2,600-foot elevation the lands are zoned A-3a and A-20a. At the 2,900=foot elevation, the land are zoned A-Sa and A-20a. At the 3,000 to 4,200-foot elevation, lands are zoned A-l0a and A-20a. The subject property is located at the 3,200-foot elevation. The Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200 foot elevation be designated as "essential habitat" for the Alala. The subject property is also located above the 3,000 foot elevation recommended for a minimum lot size of 20 acres as resolved by the Hawaii County Council to maintain the regions watershed and forest systems. The approval of the requested change of zone will alter the existing land use conditions within Kaloko Mauka Subdivision. Therefore, this request will not complement the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan previously cited above. Therefore, based on the above analysis, it is concluded that the proposed change of zone cannot be supported at this time. The approval of this change of zone request under the above circumstances would not be consistent with the General Plan and the goals, policies and standards of the General Plan and related documents. Also, the request will not result in a more appropriate land use pattern that will further the necessity, convenience and welfare of the general public. As required by the County Council, transmitted is a draft ordinance amending Section 25-8-2, the North and South Kona District Zone Map, of the' County Zoning Code. For your information, the Planning Commission expressed concerns on the County Council's further guidance for the Kaloko Mauka area due to the Council's Resolution No. 330-96, which was adopted on June 19, 1996. The Council's Resolution No. 330-96 established a policy relating to amendment of zone district boundaries within the Kaloko Mauka and other Kona Watershed and mauka forest areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any zone district having a minimum lot size of less than 20 acres, with some exceptions. However, it was pointed out that in September 1996 subsequent to the adoption of said resolution, the Council adopted two change of zone ordinances which allowed the Agricultural-10 acre (A-l0a) zone district for two separate properties at the 3,400-foot and the 4,200-foot elevations. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of .the Planning Department at 961-8288. Sincerely, Kevin M. Balo ,'~tfa'irman g Planning Commission AK: syw _ LNcwlo02.PC Enclosures cc: Mr. Dennis W. Haserot Geoffrey and Janet Newlon Department of Public Works Department of Water Supply Corporation Counsel West Hawaii Office Planning Committee-6 March 6 1997 c.. on the pavement as has been done in the areas of Mauna Lani and Waikoloa, and so we'll .;e working with Public Works on that. Thank you, Mr. Ashikawa. Thank you, Madam Chair. CHR. LEITHEAD-TODD: Okay, thank you, Mr. Tyler. IS there any other discussion? If there's no other discussion, the motion before the Committee is to amend Bill 48 with Draft 2. The motion was carried by the following vote: In Favor: Committee Members Chung, Tylez, Reynolds, Smith, Yagong, and Chair Leithead-Todd Opposed: None Absent & Excused: Committee Member Santangelo CHR. LEITHEAD-TODU: We now have the main motion, which is to approve Bill 48 as amended by Draft 2. The motion was carried by the following vote: In Favor: Committee Members Chung, Tyler, Reynolds, Smith, Yagong, and Chair Leithead-Todd Opposed: None Absent & Excused: Committee Member Santangelo CHR. LEITHEAD-TODD: The motion is carried. Thank you very much, Mr. Ashikawa. MR. ASHIKAWA: Thank you. Comm. 167: ORDINANCE BILL AMENDING SECTION 25-8-2 (NORTH AND (Bill 50) 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 AGRICULTURAL (A-5a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-26:9 (APPROX. 20.126 ACRES) APPLICANT• GEOFFREY AND JANET NEWLON From Mayor Stephen K. Yamashiro, dated February 19, 1997, transmitting a letter and the above bill from Planning Commission Chairman Kevin M. Balog. The Planning Commission is forwarding an unfavorable recommendation to the request for reasons, as listed. Paqe 22 Planning Committee-6 Mar^,h 6, 1997 ti. CHR. LEITHEAD-TODD: Mr. Haserot i~ here. My recommendation is that we refer this bill back to the Planning Commission to address the applicant's new request, which is not to go from the Ag-20 to Ag-5 but to a different classification. MR. YAGONG: So moved. MR. SMITH: Second. CHR. LEITHEAD-TODD: Okay, discussion---at this time I think it would be fair to the Committee to have Mr. Haserot explain what is going on and why there's a change in the request and why it needs to qo back to the Planning Commission. Mr. Haserot. MR. HASEROT: Thank you, Madam Chairman. If I might give a little more background, also there are four councilmembers here who don't have the same background. I've got a map on the board there. Going back about eight years ago, the Council began assessing each, on all rezonings in Kaloko, a $3,000 per lot assessment which was to go towards the improvement of the Kaloko/Mamalahoa intersection. That fund, several weeks ago, stood right at $100,000; it now is at $150,000. It will soon be at $20'0,000 in the neat few weeks. The, even though the money has been there, there's always been a difficulty with, there was no, no way to actually use that money, there was nothing specified how that might be used. I had a meeting with Public Works and Department of Transportation in December and out of that meeting came an agreement where Department of Transportation agreed to do the design of the intersection and Public Works agreed to implement the contract, be the administering agency in the contract. And what, the plan is, is to do a design that allows for the incremental construction and improvement of that intersection inasmuch as funds will be coming in incremental, in an incremental fashion. The first construction will be to widen the, cut the bank back on the mauka side of the highway which will improve sight distance and there'll be a natural progression to how that work is done. Page 23 Planning Commi::tee-6 March 6, 1997 c.• One of the subdivisions, whi:.h is about complete right now up there, will be responsible for putting the streetlight in at the Mamalahoa intersection, which is long needed there so that'll improve the safety. So, there's some, there are things happening as a result of the Council action over the years in acquiring these funds. The last several years, in lieu of the $3,000 per lot assessment that was started seven or eight years ago, the assessments have been the standard fair share with a condition that the highway portion, which is approximately $3,000, would qo only to that intersection. So, that's what's going on there. If, on the map, the pattern of zoning shows the green portion has been rezoned from Ag-20 to Ag-3, the blue from Ag-20 to Ag-5, and the lighter blue from Ag-20 to Ag-10. The red represents the Newlons' parcel. The brown line and the $3,000 on the map indicates the 3,000 foot elevation which was referenced in Resolution 330. That was passed last quarter of last year. I would point out that it was passed after hearings, only here in Hilo, with no input, to my knowledge, from anyone in Kona. Subsequent to that resolution being passed, the Council did have hearings in Kona on two applications and they are the two upper light blue parcels and Council, after hearing testimony in Kona and adding further forest restrictions to the 80% retention of the forest at the request of the owners in the area, and additional setbacks, did pass those two requests. There were two issues that came up on the current request at the Planning Commission and planning staff. One was, we had made an application for Ag-5 in that area with a condition or with a suggestion that the zoning be restricted to two lots only. The reason for that was it's too, to me young couples, two couples who were buying this property and due to their own, their personal financial situations---one wanted a larger piece and was able to have a larger piece and the other wanted a smaller piece, they wanted to do it in six and 14 acres. I felt that the 5-acre zoning with the restriction would accomplish that. Page 24 Planning Committee-6 March 6, 1997 c.. Planning staff had two cc.ncerns and I don't want to put words in their mouth, Royden is here, but one was the resolution that even though the Council had acted, in essence, ;n violation of their own, or against their own re'SOlution, that was a concern. And, also that by zoning the parcel A-5a and with one of the resulting parcels being 13-acres, someone in the future might want to make, press a point that they have 5-acre zoning and a 13-acre parcel and want to divide it in two. The owners would now like to do seven acre zoning with a 7-acre and 13-acre parcel that would avoid the problem of having zoning and a restriction that's inconsistent with the size, so to speak, because you couldn't divide 13-acres into two parcels with a 7-acre zoning. So, that's what we're now proposing. I believe the motion to send it back to Planning Commission will allow them to look at the lot size issue. I do think, though, they need some direction from this Council, if they can have, on the resolution should they feel like they're kind of between a rock and a hard place and having a resolution that they're expected to adhere to, that the Council itself did not adhere to. Thank you. rHR= L•ETTHEAD-TODD: Mr. Haserot, I noticed on your map you have little red dots. MR. HASEROT: Those are multiple dwellings on those parcels, essentially through farm dwelling, some of 'em with CPR, having divided the parcels by CPR, but that's what those represent. You can see the parcel immediately adjoining, the Newlons' has actually four dwellings, four farm dwellings on it. Others, many of them have two, some have three, others have four. That was just to show the density pattern that has been happening irrespective of zoning in the area. And, I might add, without any conditions on forest restrictions or setbacks. rHR LEITHEAD-TODD: So, the other lots that have not come for any rezoning from Ag-20 to Ag-10 or Ag-5, there are no restrictions on required forest density on the property? MR. HASEROT: That's correct. Page 25 a Plan::ing Committee-6 March 6, 1997 n• CHR. LEITHEAD-TODD. So they could go in and bulldoze the whole 20 acres if they wanted to. MR. HASEROT: And some have, yes. CHR. LEITHEAD-TODD: Okay. Also because there are no restrictions and they are'able to qo in under the State Land Use Designation of agricultural and farm dwellings, they're apparently able to put up more than one or two homes and in some .cases, four homes? MR. HASEROT: That's correct. CHR. LEITHEAD-TODD: Now, my understanding is that in whatever form this bill would come to us, that we would restrict each lot to one home? MR. HASEROT: That's correct. CHR. LEITHEAD-TODD: So that we would be ensuring that we would not have a situation where we have the equivalent of four homes like we do on some of these Ag-20 lots? MR. HASEROT: That's correct and we've done those, we've done that on the, on all of the rezonings i've been involved in the last several years. And, Corp. Counsel has now passed on the deed restrictions that create that restriction, one single dwelling. i CHR. LEITHEAD-TODD: So if I understand this correctly, only the lots with the light blue currently have the restriction on keeping the property in forest? MR. HASEROT: No, tt~e light blue have the 80% requirement, the dark blue and the green, some of the . green, those that have been done in the last few years have a 50% requirement. c'WU. LEITHEAD-TODD: Okay, but--- MR. HASEROT: The feeling was that there was more concern as you go up the mountain. CHR. LEITHEAD-TODD: Okay, but all the ones that are still white, you can just go in and bulldoze completely? MR. HASEROT: That's correct. Page 26 P anning Committee-6 March 6, 1997 CHR. LEITHEAD-T~: Okay, thank you. Any other, are there any other questions? Mr. Tyler. MR. TYLER: Thank you, Madam Chair. Dennis, you mentioned that this Council was inconsistent with the Resolution 330. Can you give us a little bit more information, maybe I didn't understand you correctly. MR. HASEROT: Well, there was a resolution passed, I don't know, October, maybe September or October, that would restrict any further rezoning or subdivision above the 3,000 foot elevation. Subsequent to that, because of the two pending zone applications, the upper two light blue lots, there was a hearing held in Kona, I guess the full Council, and testimony then from the residents in Kaloko regarding this whole issue and some of the things that the Chair just brought up with the farm dwellings, the CPR action that was going on, they felt safer, so to speak, and better protected with zoning to a density of two per 20 acres and the intended conditions than they did without the zoning, so, they supported the zoning. And based on that, the Council took action to approve those rezonings. MR. TYLER: But that was, the inconsistency was not in this resolution, the inconsistency was in that, there was some ordinance that said that they weren't gonna approve any rezonings above 3,000? MR. HASEROT: No, just a resolution and the resolution doesn't carry the weight of law but it was subsequent to the resolution that the same Council approved the two rezonings. CHR. LEITHEAD-TODD: Mr. Ray. MR. RAY: I'd like, there was a change in the makeup of the Council, there were two, wasn't that--- MR. HASEROT: Well, no that--- MR. RAY: No, that wasn't after--- Page 27 Planning Committee-6 March 6, 1997 ti• MR. HAS~ROT: That hearing, the hearing was in ':ona the day before the last Council meeting and the Council hearing was the day of the last Council hearing of the last group and it was approved at that hearing. ' MR. RAY: I stand corrected. MR. TYLER: So, it wasn't this particular body--- MR. HASEROT: No, it was the same Council that approved--- MR. .TYLER: Okay, 'cause I know we had some others come before us and I thought I heard from Planning and everyone else, that we were consistent with what, with this resolution and that's why I asked you the question on the previous two bills ago, that we, that it MR. HASEROT: Yeah, those were below the 3,000--- MR. TYLER• Yeah. MR. HASEROT: To the yes. CHR. LEITHEAD-TODD: Mr. Smith. MR. SMITH: Thank you, Madam Chair. For these other new council people, I think that you also handled the subdividing of the other two lots? MR. HASEROT: The zoning, yes. MR. SMITH: The zoning? MR. HASEROT• Yes. MR. SMITH: And, I'd like to commend you for doing such a good job in convincing us that this was the proper thing to do and also taking us there and guiding us through the property to show us that there is a difference in rezoning these things where they are restricted to have forested areas because I did see lots up there that was completely bulldozed and not having the restrictions on the lots, I think it's a good idea and I think that, like I said, I'd like to commend you for doing a good job on that. Page 28 Planning Committee-6 March 6, 199 ~_HASEROT: Thank you, Councilman Smith. MR. SMITH: Thank you, Madam Chair. CHR. LEITHEAD-TODD: Okay. Are there any other questions? At this time the motion is to send Hill 50 and Communication 167 back down to the Planning Commission so that it can be redrafted. The motion was carried by the following vote: In Favor: Committee Members Chung, Tyler, Reynolds, Smith, Yagong, and Chair Leithead-Todd Opposed: None Absent & Excused: Committee Member Santangelo CHR. LEITHEAD-TODD: Thank you very much, Mr. Haserot. MR. HASEROT: Thank you. CHR. LEITHEAD-TODD: At this time, do we have any New Business or Statements From the Public on Items Not on the Agenda? ADJOURNMENT: There being no further business, at 2:37 p.m., Mr. Tyler moved that the meeting 'be adjourned. Seconded by Mr. Smith and carried by the following vote: in Favor: Committee Members Chung, Tylez, Reynolds, Smith, Yagong, and Chair Leithead-Todd Opposed:' None Absent & Excused: Committee Member Santangelo Recorder Approved: ~ aL~ B bby Jean Leithead-Todd CHAIR Page 29 COUNT' OF HAWAII STATE ' . ~ HAWAII RESOLUTION N0. 330 9s C' .o ~ ~qi ~ A ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE y ~ ~ DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA qjy c WATERSHED AND MAUKA FOREST AREAS. 9 ~ WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of ICaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use district and the county Agricultural - 20 acre (A-20a) zoned district; and WHEREAS, although a significant amount of the native forest cover has been removed throughout the original subdivision for pasturage,. recreation and residential use since its initial development, a substantial amount of forest cover remains on lands above the 3,500-foot elevation above sea level, which lands comprise the upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level, all lands aze 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 are in pasture and forest use, with the exception of several forest reserve azeas which aze in the state Conservation L.U.D.; and WHEREAS, from time to time since the initial subdivision was completed, various lot owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be further subdivided, and to date most such change of zone applications have been approved by the council and enacted by ordinance; and WHEREAS, such rezoning ordinances have established a pattern of (1) Agricultural - 3 acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the 2,600-foot elevation and (2) Agricultural - 5 acre (A-Sa) minimum lot size densities in a narrow band immediately above the A-3a zoned district, extending to the 2,900 foot elevation; and WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision reportedly have one or more single family dwellings thereon and approximately fifty percent aze reportedly improved with two or more dwellings; and r- ~g ~ ~ EXHIBIT „ • ' WHEREAS, several property owners have cited these heighto.ied levels of effective density and initiated requests for rezonings of lands in the upper half of the Subdivision from th~ A-20a zoned district to an Agricultural - 10 aae (A-l0a) zoned district, which requests, if approved by the council, would indicate a zoning policy supportive of ten acre minimum lot sizes throughout the upper half of the Subdivision; and WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" of ten aae property interests under provisions of the state Condominium Property Regime (C.P.R)~law, which regime creates multiple saleable and mortgageable interests on a single lot without regard to the county zoned district such lot may be in; and WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions through the application of the C.P.R law, it finds that such misuse should not be cause to compromise the value and force of county zoning powers, and instead may be reason for the state legislature to amend the C.P.R. law t4 prevent misuse on lands in state Agricultural land use district; and - WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, faz above the elevation where the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the County of Hawaii, promote its use as pre-cursor of up-zoning pressures throughout the island's watersheds and signify that ten acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densities in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattern long established for the mauka, watershed lands ofthe island of Hawaii, and the Kona region in particulaz, for a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same a a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. ' BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia .Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning Commission. Dated: Hilo, Hawaii, this 19th day of June , 1996. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE COUNTY COUNCIL AygS NOES ABS EX County of Hawau Hilo, Hawaii Arakaki }t Bonk-Abramson I hereby certify that the foregoing RESOLUTION was by the ids X " vote indicated to the right hereof adopted by the COUNCIL of ~ X the County of Hawau on June 19, 1996 ~O1i171g° X Osorio X ATTEST: Rath X ' RaY X Smith X 6 2 1 0 Reference C-1199/PC-124 COUNTY & PRESIDING OFFICER RESOLUTION NO. COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 58 9'7 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDIVISION WHEREAS, the Council adopted Resolution No.330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No.330-96, the Council approved two change of zone requests for A-l0a lots above the 3,000-foot elevation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96; and WHEREAS, the Council recognizes that a low density use pattern for the mauka, watershed lands of the island of Hawaii, in particular the Kona region,.should be protected and maintained for environmental reasons; and WHEREAS, the Council finds that a maximum density of two dwellings.per tweny acres for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area, will protect the watershed and native forest and maintain a low density pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) yeazs 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 azeas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. A 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; 2. A 30-foot "forest reserve easement" along all lot lines not covered by the 100- foot easement; and • 3..q A 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's m,i;lic street frontage to provide an additional buffer. EXHIBIT 4 ~ ~ B. 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 The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition no less than eighty percent (80%) of the entire lot azea 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. C. Restrictive covetant(s) in the-deeds of all-the proposed agricultural lots shall prohibit the construction of a sewnd dwelling unit on and any further subdivision of each lot. 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. D. 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 State _ Department of Heatth, the State Depaztment of Agriculture and the U.S. Department of Natural Resources Conservation Service. 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 Depaztment of Land and Natural Resources, such as the Forest Stewazdship Program or the Soil Conservation Service Management 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 for review and approval prior to the issuance of final subdivision approval. A copy of the approved covenant(s) shall be recited,in an insttumeM 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 cleazed 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) years and its termination may be considered after the 50-yeaz period has elapsed by amending this ordinance requiring County Council approval-by ordinance. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standazds of the General Plan aze met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and Virginia Goldstein, PlazJning Director. Dated: Hilo, Hawaii, this 2nd day of June , 1997. INTRODUCED ~i IL 'MBER, COUNTY OF HAWAII BJLT/CFS COUNTY COUNCIL ROLL CALL VOTE County of Hewau AYES NOES ABS EX Hilo, Hawau ARAtcAta X cuunc g I hereby certify that the foregoing RESOLUTION waa by the LErfREAp-TODD X vote indicated to the right 6ercof adopted by the COUNCIL of the RAY Coun of Hawaii oa June 2, 1997 X ty REYNOLDS X ATTEST: sANTANCELO g snnTa g TYLER X YAGONG X B 0 1 0 ~ Reference G 219.0 /PC-53 COUNTY~CLERK CHAHtMAN & PRESIDING OFFICER RESOLUTION NO. 5 S 9 7 (DRAFT ~ r CURRENT ONIN SUR (~U D PROPERTIES ~ I 1 \ i \ \ ~.i \ 1 \ 1 ~ \ b 48:7 \ ~5p0 \ 1 HUEHUE STREET 11 46:5 ~ 1 \ \ 1 ~ \ \ ~ \ / 1 \ \ ` S \ \ \ \ \ S1 \ \ \ \ \ 1 \ \ \ \ \ \ \ \ ~ UBJECT \ \ HP~~pUAU ~R f~ \ 26:23 PROPERT~ \ \ \ 7j 1p jea 26:4 ~ 26:22 \ \ ~5~~ \ \ ,~y~' 26:6 ~ \ \ KAL K• 1~-`0o DRIVE ~'S `1 ~ \ \ \ ~ \ \ S \ \ 25:3 0 w \ \ 15'\So r' 25:14 \ ~ ~ '\25:4 ~.3° HAS ,~'~o ,o \ 24:11 ••9 r ~O as \ 24:17 qA~b jo \ P a ~ }0 ~ 4. ~ - n n o4 ~ O - \ ~ 4 ^ ~ o ~ ~sp4 o~S~,`F~N 2••5 PALAN~ qyo c BELT ROAD T .t„~N NPwp~\ i IBIT , . 1, ~ ~ . Nelson M. Tsuji 1J~~~;. Fire Chief Stephen K Yamashim ~yo, Edward Bumatay . '+e or.N'~' Deputy Fitt Chief ~IIlilt~~? II~ ~tY~tItItt FIRE DEPARTMENT 777 Kilauea AvenueR Mall Lane, Aeom 6 • Hilo, Hawaii 96720.4239 (8~8) %1-8297 • Fa: (808) %1-82% 'S'f December 10, 1996 ~ rn n~ ~ To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief - - ~ SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-29) APPLICANT: GEOFFREY & JANET NEWLON REQUEST: A-20a TO A-5a TAX MAP KEY• 7-3-26.4 The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). $~~~8 EXHIBIT L ~ v v To: Virginia Goldstein, Planning Director Page 2 December 10, 1996 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-figh£ing or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance, Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 December 10, 1996 0 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed Tive loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15~) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. _ "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or .portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. To: Virginia Goldstein, Planning Director Page 4 December 10, 1996 "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection., as approved by the chief, are provided, the above may be modified or waived." Fire Chief NMT/mo F?OP1 PP ROGER ahJU L''~DIR WFrSS G'HONE hJD. 8U3 3~~7?1~1 Feb. tJ5 19?7 1©:E16RP1 = ~'L~~'Ui~~77 ~ L 1Zoger t~. Weiss, I'h.I~. 6i Lydia,r~. ~~~eiss PN, .97 FEB P.U. Box 317$ Kailua-Kona, HI 9674,5 5 Ali 9 PL.,I,~~.~, . To: Virginia Goldstein, Planning Director February S; f.997%~II Planning Commision, County Council Re: TMK 7-3-26-4 in 10 acre Zone County Council Resolution 33D- 96 establishes a policy for our community which is consistent with the community needs and sentiment. Page Z indicates a policy of lU ACRF. MINIMUM LOT SIZfiS throughtout the upper half of the Subdivision, which is above 2,900 foot elevation. Please be consistent with this policy which supports ovr community, the watershed for further island development axtd the mauka forest. We are in favor of subdivision W,f.TH MINIMUM OF 10 ACRE LOTS, 3U~ri left in forestry, and ISO OHANA ALLOWED ON Er~CH PARCEL. Sincerely, . ~ . a-~p ~ ~ ~ C~ ~ ~~r~ EXHIBIT 4 ' ` Ne~.lon 0 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT KALOKO MAUKA SUBDIVISION LOT 10 BLOCK 7 TMK 7-3-26:04 20.126 acres A-20a to A-Sa Owner/Applicant: Geoffrey and Janet Newlon - P.O.Boz 735 Kailua-Kona, HI 967x5 Owner's Agent: Dennis W. Haserot P.O. Box 6251 Kamucla, HI 9G7~3 Tel: 885-2118 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Geof Jan a on APPLICANT'S SIGNATURE: G ADDRESS: P.O. Box'735 Kailua-Kona HI 96745 i. LIST APPLICANT'S INTEREST IF NOT OWNER LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS ,3 c~- -~J TELEPHONE-BUSINESS: 329-1005 RESIDENCE: REQUEST: A-20a TO A-Sa (Existing zoning) (Proposed zoning) TAX MAP KEY: TMK 7-3-26:04 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.126 ACRES LANDOWNER(S): Same as above OWNER'(S) SIGNATORY AUTHORIZATION (May be by letter) AGENT: Dennis W. Haserot ADDRESS: P.O. BoX 6251 Kamuela HI 96745 TELEPHONE-BUSINESS: 885-2148 RESIDENCE: 885-0874 Please indicate to whom original correspondence and copies should be sent. ORIGINAL Aoent COPIES_A~plicant TMK 7-3-26:04 Applicant: Geoffrey and Janet Newlon TABLE OF CONTENTS APPLICATION i VICINITY MAP 1 LOCATION MAP 2 SITE PLAN 3 REASONS FOR REQUESTING CHANGE OF ZONE 4 . Adherence to General Plan Policy SUPPORTING INFORMATION AND DOCUMENTS . Description of Property 6 • Current Uses and Activities on Subject Parcel 6 • Current Uses and Activities on Surrounding Lands 6 • Climate and Rainfall 1l .Flora and Fauna 11 • Infrastructure 13 • Archaeology 15 _ • Drainage 15 .History of Zoning Applications in Kaloko Mauka 17 PROPOSED USES AND CONDITIONS 20 ' ZONING QUESTIONNAIRE 21 LIST OF MAPS AND TABLES VICINITY 1 LOCATION 2 SITE PLAN 3 CURRENT ACTIVITIES, KALOKO MAUKA 8 MAJOR LAND OWNERS, SURROUNDING PROPERTIES 9 CURRENT LAND USE, SURROUNDING PROPERTIES 10 TABLE 1 ANNUAL RAINFALL, 1973-1992 11 ANNUAL RAINFALL ISOHYET 12 EXISTING WATER SYSTEM 14 GEOLOGICAL AGE 16 CURRENT ZONING, SURROUNDING PROPERTIES 19 i+~ r ~ A N HAY 4^M x,11. A G ! G ' woo 4 ~Q~ . \ - ~ - _ 7 SLCLE N F$i 10001 V G v YA bt I _ A £ ANA ~ / O ~ f I 1 ~ ~J y 1~ ~ G J) woo _ _ M A S A U ~L A _ O O ~ A _ SA IYl MAN ~ f 1~ r a~~ ~ o _ _ H~ ~ 'a` 0 6 1 r V ` \ T C \ ~ Y \u ~ O 0 O \ \ ~ B\ w w o ~1 ~ ~ N,1 $ \ ~ o l\ ~ Q.~P~ l o r J Y O 1 ~ ~L~~~'T~d°1T'~ ~i~~ i-- 14 / -B - T 7-3-4: g5 9 D r/ 5°00 4 5 ~ 20 lT 21 - ¢y ~ ThK 7-3-27: a _ 5 10 - - 9 6 4000 ~ - 2 3 -b - - , ~ ThK 7-3-26: 14 - - ' S- ~ 1 D 6 - Cam' _ / y ~ ~ e 2 TP7C 7-3-25: y p C~ - I 2 3 - 12 ro 9 14 ® 4 B - 5 ~ ~2 ® ~ 3 / 5 ° b TP1C 7-3-2 5 1 3 / ) ~ 89 9 6 ~y _ a ~i ~ 33 4 7 6 - 5 3 8 P ~ 3 23 6 44 2 i 2 '16 8) ) 42 2000 65 49 551 / 64 9 48 - / 84 ~5 4) 28 8 3 6 - ,~f 81 0 5 1 V A ~ ~ , \ \ v 1 ~ v ~ - \ ~ ~ \ \ \ ~ \ ~ A A ~ ~ , \ A V ~ A l 9 SCALE ~y"=200' o. ~ ~1 , oo, ~ ~ Y ~ , ~ ~ ~ ~ i ~ / ~ ~ ~ / ~ V ~ ~ A ~ U I ~ ~\1 ~ \ \ ~J' Y' - O ~1~ t' / ~ ~ 1 1N', ~ {lam' i ~ N 1 i ~ ~ o. / i 0 v ' /B ~ 1 ~ ~ ' ~ ~ ~ 'y ~l ~ ~ ~ , 1.01' IQ A ` ~ ~ ~ ~ ~ ~ ~ V ~ ~ ~ / \ ~ ~ ~ \ \ / II ,i to / (r/' \ ~ ~~G ~ ~ ~ \ / ~ \ ~ ~ ~ , ~ , ~ ~ ~ ~j ~ ~ _ v~ ~ , \ ~ ~ ~ ~ ~ ~ ~ e ~ ~ A \ \ ~ A , ~ 6 jr _ SITE PIvAN _ ~ TM~~~ 7-3-~~6:04 , 3. APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT TMK: 3rd: 7-3-26:04 Applicant: Geoffrey and Janet Newton REASONS FOR REQUESTING THE CHANGE OF ZONE The owners wish to subdivide the property into two lots, of approximately 14 acres and 6 acres. The owners are currently building a home on one parcel and will sell the other parcel to another couple, who will build a home for themselves. ADHERENCE TO GENERAL PLAN POLICY The parcel currently has a Land Use Designation of Agriculture and County zoning of A-20ac. The General Plan designates the parcel "Extensive Agriculture." The proposed rezoning and subdivision into two parcels is consistent with the General Plan policy: M. LAND USE Standards (1) Agriculture Policies: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The expanded form of the above policy can be found in the General Plan Support Document in the Land Use-Agriculture subsection: Rural-style residential-agricultural developments may include either small scale rural communities or extensions of existing rural communities. Such development provides opportunities for a mix of residential and small scale agricultural activities. However, the primary intent of these developments would be to provide an added range to housing opportunities. Along with this housing, the large lots of these rural areas will provide opportunities for part-time agriculture, gardening activities and the raising of livestock on a small scale. By providing opportunities to satisfy the demand for a rural lifestyle on marginal agricultural land, the pressures to develop our important agricultural land for these purposes would be decreased. 4. Kaloko Mauka is an appropriate location for satisfying the General Plan Land Use Policy. It is an extension of the existing rural community of Kalaoa and has existing infrastructure of roads, electric power, and water. With overall soil classification of "E" (poor), the soil is too stony and irrigation costs are too high for mechanized or large scale agriculture. The area, however, is well suited to use and enjoyment of part-time agriculture, gardening activities, 4-A participation, forest activities, and cohabitation with wildlife. The proposed subdivision into two lots is consistent with recent rezoning below and above the subject. An effective density of one residence per ten acres has been established in the immediate area via use zoning and Ohana residences. 6. SUPPORTING INFORMATION AND DOCUMENTS DESCRIPTION OF PROPERTY The subject is a 20.126 acre parcel located at the 3200 foot elevation on the easterly (mauka) side of Hao Street in Kaloko Mauka subdivision in North Kona. File Plans for the first four increments of Kaloko Mauka Subdivision, including this parcel, were filed prior to enactment of Chapter 23, Hawaii County Subdivision Code. The owners of individual lots within the subdivision petitioned the County under the County Improvement District statutes, and Improvement District 10 was created. The improvement district was the financing vehicle for installation of the roads, water and power wl-~ich service Kaloko Mauka, and the improvements :were paid for 100% by the lot owners. CURRENT USES AND ACTIVITIES ON SURROUNDING LANDS KALOKO MAUKA SUBDIVISION The Kaloko Mauka Subdivision originally contained ninety-one parcels extending from the 1700 foot elevation to the 5700 foot elevation of Hualalai, in the Ahupuaa of Kaloko. As a result of rezoning and subdivision activity over the past twenty years, parcel sizes in the lower elevations, 1700 feet to 2600 feet, are now a mixture of 3-acre and 20- acre. The remainder of the lots are 20+ acres in size. Recent zoning reclassifications have been approved for 5-acre parcels at the 2900 foot elevation and 10-acre parcels at the 3000, 3400, and 4200 foot elevations. Uses and activities on parcels of all sizes are typically a combination of residential, pasture, orchard, and gardens, and might best be described as "family farms". A relatively homogenous pattern of land use activities is being established at all elevations in Kaloko (see map titled Current Activities, page 8). Cattle are being grazed on parcels at 2200', 3500', and 5,000' and there are nurseries and tree ' farms at different locales throughout, as well as residences. The use of Ohana regulations and State condominium statutes is resulting in an effective density of one lot per 10 acres in the upper Kaloko area. ' LANDS SURROUNDING THE KALOKO AHUPUAA Ownership Kaloko Mauka is surrounded by three major land owners: The State of Hawaii, Bishop Estate, and Palani Ranch, (see map titled Major Land Owners, Page 9) Current Uses (see map titled Current Land Use, Page 10) The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are in native forest. _ The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands are currently being grazed by Hualalai Ranch. ~o• D • The Palani Ranch lands of Honokohau abut Kaloko Mauka on the south along its entire boundary. These lands have historically been grazed. Recently, an eighty acre parcel (4500 to 5700 feet elevation) is being used for forest products. • The Kaupulehu Forest Reserve (Bishop Estate) abuts the mauka boundary. Approximately 75% of the land surrounding Kaloko Mauka has been used for grazing purposes for many decades. There are no near-term plans which would alter these uses. 7. n f %~f ' - R ; r. _ LEGEND R RADIO T0~6( ~y N NlRS6tY - H I-IOU`~E t.l ° 0 OHANA PERMT _ N N ~ ~ GRUBB® H N SOOL~ ~ FENDED PAgTLRE . ~ ~ ~ 0 H H ~ a FENDED H N ° Y.: ~ i ~ . H 40f~6 o : ~ _.i No "H 0 _ ter" . c H° , 'HO N N, H° 3000 ~ - H / K. - - t 0 - H 2000 ~ °°o ° o w ~ 0 (C~71[~~LFI`~'d' ~(C'~'~~I~'n'~~~ 8' ~YIiA~t~TI~?~ r 2oa ' ~ u NAY 4nµ At •N ~_d{ULL ~ll71 ~1Y 1~ ,q8 jAQ Q ~ ~'S~P~~IE ~ I ~ .oou-~ ' - ~ _ / f ~ ~ ~~A~IIr _ ~ RA ly( NAN 1[~AWAII~ 400J .t G y, ~ \ .1 ti~~~~ 1 l Pig ~ ~ ~ a eve ` ~ ~ m $ ~ $ ~ ~~~s ~l ~ ~~5~~®~ ~ ~ 9. k~lIa~~JJ®1~ ®~~I~~~ ~BJ1~tIIa®~TRTIDIIFJQ'i ]~II8®II'Eku'II'IIiES r zo ~ N Y fI,- 4Aµ AL ANOs ~ 0 i 2 ) 4 5 \ _ ~ x®1 `V\ ' \ ° Gf~AZING l _~i", „ FOf~E~T ~ ~ KA IMF ` \ 1 II\1 S ~ FOREST i PRODUGT9 ~ ~~cr ~ ~NC~ \ FOREST U~aZ \ ~ 1 ~~i ~ ~ ~ ~ 1 1 \ \ \ \ FOf~E~S (PREVIOUSLY\GRAZING~,,~\ 1~\ ~ 1 o v ~ A ~ ~ ~ ~ \ ~ ~o. c~~~~~~~ ~~~ID ~BTfi81P®~7Ri~IIN~ ~Ai®~lE&t~'IIE~ CLIMATE AND RAINFALL The subject parcel is located at the 3200 foot elevation in Kaloko. Temperatures at this elevation are approximately fifteen degrees cooler than coastal temperatures. The existing infrastructure provides access to a unique living and growing climate in West Hawaii. Average rainfall, according to USGS Report R-47 is approximately 70 inches. Weekly rainfall records kept by Mr_.Wm. Moss for the 20 years between 1973 and 1992 at the 1500 foot elevation in nearby Kealakehe, indicate that rainfall has been off (less) by approximately 30°/a since the current eruptive activity at Kilauea began in 1983. Table I below shows annual rainfall figures from the Moss rain gauge. As evidenced by activities on surrounding properties, rainfall and climate at the subject location is conducive to a range of agricultural activities. These include grazing, orchard, nursery, tree farms and gardening. ANNUAL VS. PREVIOUS 5-YR AVERAGE Moss gauge 90.00 80.00 rae~7ous stte rewoo ~ 70.00 , LL 60.00 I- Q 50.00 C y 40.00 s 30.00 ~ U Z 20.00 10.00 0.00 ~ ~ ~ t7 Q ~ U) n m O O N t7 Q LL1 m I~ m O O N n ~ ~ n n m c° m m m m m m m m rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn TABLE 1 FLORA AND FAUNA y The subject parcel is forested with ohia, tree fern, and other native trees and m shrubs, as well as non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese pheasant, and other forest birds. Though the area above 3200 feet in Kaloko has been considered an important habitat for the 'Alala, recent discussions with Jon Giffin, of DLNR, indicate that there have been no sightings in Kaloko during this ' decade. Vegetative cover is a mixture of native and non-native. The proposed development has the potential to alter the mixture of plant life, however the low density of 10-acres per unit and proposed zoning conditions will assure continuation of habitat for existing wildlife. 11. d. 1~ , µA / G O ~ G I ~ / ~ f ~ ~ xa.e rv ear a aom ( G ~ $,1 pLANA 4 s ~ ~ ~ G s ~ l / 1 I ~J S G ~ N K A U'L A _ / O O i.~ A ~ ! [A ~ MI N+H O~rCf u A_ e o - ~~a K 1 e e ' ~ s e ~ ~ '~O a J ` R 9 \ \ ~ o V s ~ ? r ' r ~ ~ ~ U O O CJ ~ t ~ O ~ ° ~ 'Mo55' Rain gauge ~ ~ ~ ~ ~ ~ ~ ~ ~ INFRASTRUCTURE ROADS The property is accessed from Mamalahoa highway, mauka on Kaloko Drive and Hao Street approximately 4 miles. 'Hao Street is a 60 foot right of way with 22 feet paved and 8 foot grass shoulders. The grass shoulders have been an effective means of dispersing runoff from the paved section, and no shoulder erosion is evident in the 20 years since construction. The proposed subdivision into two lots will not increase traffic beyond that which would be generated by construction of a residence and an "Ghana" structure. The surrounding roadway infrastructure is adequate and the subject development will have no noticeable impact on traffic. The development will make its "fair share" contribution Tor roadway-and other infrastructure impacts prior to final subdivision. WATER The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,000 foot elevation. The reservoirs have a total capacity of 500,000 gallons, sufficient for a density of one unit for each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the Island wide water rate due to additional pumping costs. The existing water system in Kaloko has capacity for the subject development. Since rainfall is sufficient to support many agricultural uses, these activities are not expected to burden the system. ELECTRIC POWER Electric lines and street lights at intersections were installed as a part of the Kaloko Mauka Improvement District. 1'i , o f ~ N0 N Y, yAM ALA N G t c / / G / 7 SOU.E N P.~T IX 10001 7 Bq OCq NA / - A 4 ~m, ~ p / o ~ ~ ~ t 1 ' „ y I ~ G 1 I / 1 wov _ _ _ M A [ A UAL A _ O O l~ A KA 14f NAN tOW i~ ~Z t OT ~ a e \ 9 ~ ~ O ( N O +A., ~ o ~ ~e ~ 1 \ ( s r \ t \ e ~ K ~ `o ` \ o el ~ ~ U \ \ ~ \ \ ~ ° ~ s , J ~ J ~ \ 0 O ~ 1 ~ ~ o V P~ v 8. 4 r 1 J Il V \ O \ ~ 'l Tranzmi55ion lint ~ ~ ll ~ L ll d~7 ~ V` V` 61~ 1L 1Cv ~ oJJ 1i ARCHAEOLOGY Huehue Ranch, the original developer of Kaloko Mauka, funded an archaeological study of the Kaloko ahupuaa in 1970 and 1971. These studies included investigation of the "Upland Forest Zone" of Kaloko Mauka in chapter 9 of "An Ahupuaa Study: The 1971 Archaeological work at Kaloko Ahupuaa, North Kona", published by the National Park Service in 1991. The field researchers found remains of an agricultural field system which extended to the 3500 foot elevation. Curcently a group of owners, who received zoning reclassification earlier this year, are jointly funding a study which has been coordinated by the State Historic Preservation Division. This study is designed to provide data on the dating of development of the agricultural field system within Kaloko and the nature of the vegetation associated with the fields. The subject parcel is above the known upper limits of the field system described in the original study referenced above. Unless the current study suggests a potential for archaeological sites on the subject parcel, additional field investigation seems an unwarranted expense. DRAINAGE /FLOODING The Kaloko Mauka area is located on the west flank of Hualalai on relatively recent lava flows. The GEOLOGIC MAP OF HUALALAI VOLCANO, HAWAII published by the U.S.G.S. in 1991, shows that the Kaloko area is covered by three periods of volcanic activity (see map titled Geological Age, page 16). The oldest flow, covering the largest portion of the ahupuaa, is estimated to be approximately 2700 years old and covers approximately 80 % of the subject. The youngest flow (ca 1800) extends down slope to the 2300 foot elevation and covers approximately 20% of the subject. The relative young age of these flows results in very shallow, rocky soils which are very well drained. No runoff or erosion has been experienced in Kaloko Mauka since the road construction in 1973 nor is there any evidence of concentrated runoff in the past. The nearest storm runoff occurs at Keopu and Hienaloli ahupuaas approximately three miles south of the subject on flows estimated at nearly 13,000 years old. Since no runoff pattern exists in the general area due to the shallow, rocky 3• soils, runoff' caused by new paved surfaces can be handled with on-site dry wells. I5 . r u• H Y/ - Fµ Ry ~H b C G G r ~ xu.E rr egr rx Hoar \v' _ v Yq VCgN r _ A £ q m 0 ~y - O ~C 7 1 ~ ~ ~ fir 140 20~ ` ~ _ - _ M 4 U~rL A -OO - O O RA IYf H 2?OO / (O00 BOO vt' ~ Ot <.H ~ O ~i C 9 K i ~ Q D ~ ~ ~ ~r K ~ ~ V~J ~ ~ \ 9 ` O \ o a ~`-'00 < rl • I ~ 1\ • ~ ~ _ o ~°Q ~ KEOPU FL000 GHANRIEL i~~ - o . • ~ QJr~ ~ r F-ENGLOLI FLOOD J GHarv~L . - ~ 12 ~ ~ ~ C(~I~~~~C~dC~~~ ~C~ HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA From the time of completion of subdivision improvements for Katoko Mauka in 1974 until early 1994, there were thirteen applications for rezoning. All were for reclassification from A-20a to A-3a. Eleven of the applications were approved. Two, in 1980, were denied due to concern for the 'Alala, believed to reside in the upper elevations. Zoning conditions imposed on these reclassifications were not consistent and were the cause of much concern among Katoko Mauka residents In December, 1994, six additional rezoning applications were reviewed during the same Planning Commission hearing. Prior to the hearing, the agent for the applicants conducted an open forum meeting with owners and residents of Katoko Mauka. Zoning conditions were proposed which were designed to address the known concerns of the area residents. The Planning Commission forwarded favorable recommendations to the County Council with the proposed conditions and, after further meetings with Kaloko residents, resulting in additional conditions, the Council approved the reclassifications in March, 1995. In September 1996, two zone change applications were approved for 10-acre density at the 3400 and 4200 foot elevations. Because of heightened concern for the forest, watershed, and wildlife values in these regions, additional conditions were placed on the approvals. The conditions of approval for these upper elevation parcels, in abbreviated terms, were as follows: 1. A 100 foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback, the purpose of which is to lessen visual impact of development; 3. A 30 foot "forest reserve easement" along all lot lines not covered by the 60 foot easement, the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80% of the entire lot area be retained in forest; 5. A restriction against second dwellings, the purpose of which is to fix density at the time of zoning; 1~ . 6. A forest management plan shall be prepared and submitted for review and approval of the Planning Director, 7. Other "standard" conditions regarding archaeological review, drainage improvements, and "fair share Contributions" to regional infrastructure needs. The most recent reclassifications approved by the County Council contained conditions which were formulated in response to concerns expressed by residents and owners in Kaloko I<Iauka. The applicant proposes inclusion of the same conditions with the subject application. l9 ~ - _ - ,~,'I _ " - ~ 0 \ ~ 1 ~ Rio. ~ ~ - . ~ ~ ~ ~ ~ t. ~ ~ ~ ~ ~ ~ ~ Es F' ~ - ' Q ndo. ® t, A-5a ~ n-~Qo ~ ~ `a / A- ~ A-3a ~ .v A-ia~ ~i~ , ~ ~=5 - J Y \ A~ ~ ! ~ _ .r {t - Refers to rezoning request summarized in Table I ~ ~ ~ ~ °Il° ~ 14. ~IIJI~II3~Q7FIII?IIF7~ PP~D1~~II3'II'IIE~ i PROPOSED USES AND CONDITIONS The owners wish to subdivide the property into two lots, of approximately 14 acres and 6 acres. The owners are currently building a home on one parcel and will sell the other parcel to another couple,"'who will build a home for themselves. Activities will be limited to a maximum area of 20% of each parcel, with the balance of the lots being retained in their natural forested state. Proposed Conditions The applicant was supportive of the conditions and restrictions placed on the two recent rezonings and proposes that the same set of conditions be applied to this request. 1. A 100 foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback, the purpose of which is to lessen visual impact of development; 3. A 30 foot "forest reserve easement" along ail lot lines not covered by the 60 foot easement, the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80% of the entire lot area be retained in forest; 5. A restriction against second dwellings, the purpose of which is to fix density at the time of zoning; 6. A forest management plan shall be prepared and submitted for review and approval of the Planning Director, 7. A "fair share" contribution reflecting the creation of one new lot. The proposed density is consistent with the density/elevation pattern of the most recent rezonings in Kaloko. 2,0 . ATTACHMENT Agricultural Rezoning PLANMNG DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANCE OF ZONE 1. If your request is approved, do you intend to subdivide the subject ~(g5 land in accordance with the approved change of zone? If} es, please answer the rest of question 1 and then [o question 3. a. How many acres of the requested area do you intend to subdivide? 20 PL b. Into what lot sizes? ~ ~d 1 ~ ~ ~ ~ @ aL c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to [he Planning Department for preliminary approval? l V+wh~ly~G~ d. Do you intend to build houses on the newly created lots? u 111 If please answer the following questions: On how many of those lots? 2„ At what approximate price range? House N .A . Lot Total Approximately how long, aRer approval of the subdivision, would [he first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? a Sell or lease the land to someone who has, no plans? d. Keep it? - e. Other (please state) P.D.2 5/81 21. f If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do }ou expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? N d , How? 4. Are there any buildings on the subject area? OV.18 U~7f»tl. 1.E1-~N If so, what kind? ~ ~ Q~v~rf~ta6 What do you intend to do with those buildings if your request is approved? fll' ~ MN A~i ('t~rytC711-?-~tro Is the subject land currently being used for any agricultural activity? ?JD If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricuhural lots? et~y If so, did your plan include the following considerations? a. Commodity to be produced? Fghu~,-C (Nt.(Oev What kinds of commodity? ~ USt_. b. Suitability of the proposed lot-size for that commodity? `{may c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? PtU - We 11-~ ~n :L rv -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any }boding and/or drainage problem on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ~'e~ If so, what kind? Is the road adequate for the proposed traffic volume or load? "te'~ 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? _ Yes No a. Schools X b. Roads X. a Sewer K d. Drainage ~ -3- 4 Yes No e. Police Protection x f. Fire Protection X g. Recreational Facilities h. Public Utilities ~ ~0 i. Other For those checked ~~yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~ t'"'~~ Address: ~OZ,~ - Telephone: ~ C1..A 4~ Q~`~~e3 Date: ~lC~~~° 4.