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HomeMy WebLinkAboutCOM 0691.000 2004-2006 Harry Kim yl;r''~ ~ ~ Dixie Kaetsu Mayor ' Managing Director :r~ ~~t ~ ~~`~,~r>~ s~`: Barbara Kossow Tg ~`N~ Deputy Managing Director c®~~~y ®f~~~~~~ 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961$211 • Fax (R08) 961 {553 KONA: 75-5706 Kuakini Highway, Suite ] 03 Kailua-Kona, Hawaii 96740 (808) 329 5226 • Fax (808) 326 5663 February 6, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni- Street Hilo, HI 96720 Dear Chairman Higa and Members: State Land Use Boundary Amendment Application (SLU OS-004) Request: ,Agricultural to I~rban Change of Zone Application (REZ OS-013) Request: A-Sato RM-2:s Applicant: ~.ava;Kua'xini, LLC Tax Map Ivey: 7-6-17:pors 2 & 5 ~hange of Zone Application (REZ OS-021) Applicant: John Totah Request: A-20a to A-l0a Tax Map Key: 7-3-26:13 change of Zone Application (REZ OS-000024) Applicant: Scott Gesling Request: A-20a to A-3a Tax Map Ke,~ 7 ;-25:9 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced 'requests. Sincerely, ,~~~f sY Harry Kim z-rt Mayor ~®o~lvti. N~.~ Ref. To: p q Enclosures Rte, ~;-L cc: Planning Department Hawaii Coun[y is an Equal Opportunity Provider and Employer tv os .t •••+i~o: w~'J County of Hawaii PLANNING .COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 February 3, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ OS-021) Applicant: John Totah Request: A-20a to A-l0a Tax Map Key_ 7-3-26:13 The Planning Commission, after a duly held public hearing on January 20, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-l0a) district for approximately 21.474 acres of land. The property is located along the southwest side of Kaloko Drive, approximately 900 feet south of the Kaloko Drive-Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.474 acres of land to subdivide the property into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot, with each dwelling estimated to cost approximately $350,000. One dwelling is currently under construction. 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 Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from an Agricultural (A-20a) to the Agricultural (A- I Oa) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Important Agricultural Land. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The property is designated as Other Important Agricultural Land (DIAL) by the Agricultural Lands in the State of Hawaii (ALISH) System. DIAL is land other than Prime or Unique Agricultural Land that is of statewide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope, flooding, or drought that excludes them from the Prime or Unique Agricultural Land classifications. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is located on the south side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400-foot elevation. Surrounding lands to the west and northwest are zoned A-l0a and A-7a and in low-density agricultural/residential uses surrounded by pasture and forest land. Adjacent properties to the northeast and south are zoned A-20a. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the property is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately four miles below the property. Stacy Higa, Chairman and Members of the County Council Page 3 The Department of Transportation (DOT) has expressed concerns regazding the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection at Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change and recommended the following: 1) illuminate intersection at night, 2) channelize turning movements at the intersection, and 3) provide other safety improvements. The DOT has further stated that the intersection improvements should be made at no cost to the State and requested that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. The roadway improvements are essential since similar changes of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the traffic concerns. On June 2, 1997, the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundazies within the Kaloko Mauka Subdivision. The Council established 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 recommended 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 conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standazds of the General Plan. The Planning Commission recognizes that forest preservation is part of the General Plan and has determined that the proposed reclassification is consistent with this General Plan goal. In this regard, the reclassification would also support the County Council's position on rezoning of lands within the Kaloko Mauka Subdivision as articulated in its Resolution No. 58 97. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the Important Agricultural Land designation by the General Plan LUPAG Map. The requested A-l0a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision. A condition will be included to Stacy Higa, Chairman and Members of the County Council Page 4 incozporate covenants restricting the construction of second dwelling units on each subdivided lot. The property is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. The `Alala Recovery Plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the `Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The property is located in Block 7 at approximately the 3,400-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the `Alala. The property is located at the elevation recommended for preservation as a habitat for the `Alala. The U.S. Fish and Wildlife Service did not provide any comments on the request. As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The property, located at the 3,400-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Stacy Higa, Chairman and Members of the County Council Page 5 Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1471 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. The applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division. In addressing potential adverse visual impacts the clearing of the property for individual home sites and agricultural uses may have on the existing upland forest character within the area, the following conditions are proposed: • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines as a buffer between parcels; • a 100-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts. Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot. and a "fair share" contribution to mitigate any potential impacts. Stacy Higa, Chairrnan and Members of the County Council Page 6 The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately eight miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Water can be made available from a 6-inch waterline in Kaloko Drive. The applicants state that the Department of Water Supply considers the Kaloko Mauka Water System a separate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,000-foot elevation. The reservoirs have a capacity of 500,000 gallons. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems for each lot, meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to the site. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, there are existing archaeological studies of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning azea: According to the applicant, the parcel is located at the 3,400-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. Stacy Higa, Chairman and Members of the County Council Page 7 • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. Tthere is no evidence that the flora in the area aze particulazly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customazy native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural (A-20a) to the Agricultural (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfaze. For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, imo Alameda, Chairman Planning Commission Ltotahrez05-021pc2 Enclosures cc: Mr. Gregory Mooers Mr. John Totah Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Hazaga, Director/DOT-Highways, Honolulu BTotahREZ. doc-12/ 19/05 COUNTY OF IIAWAI`I PLANNING DEPAI2TIVIENT ~ACI~GI~OUND REPORT JOHN TOTAH CHANGE OF ZO1oTE APPLICATIOlm1(REZ OS-021) JOH10T TOTAH has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.474 acres of land. The property is located along the southwest side of Kaloko I3rive, approximately 900 feet south of the Kaloko Drive-Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-26: 13. PROPOSED ACTION 1. Regeaest: Change of Zone from Agricultura120-acre (A-20a) to Agricultural 10-acre (A- l0a) to subdivide the property into two parcels approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot, with each dwelling estimated to cost approximately $350,000. One dwelling is currently under construction. (Ezhibit A -Change of Zone application) 2. Land®wners: David Eugene Patterson and Susan Kay Carothers. STATE Al`1D COUI®TTY PLAIiTS 3. State Land Use Designati®n: Agricultural. 4. GP LUPAG 1VIap: Important Agricultural Land. 5. C®unty Z®ning: Agricultural 20-acre (A-20a). 6. ~®na Itegi®nal Plan: Agricultural. 7. C®astal Z®ne 1Vianagement, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately eight (8) miles mauka of the shoreline at approximately the 3,400-foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 8. Special 19~Ianageffient Area (S1VIA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. According to the applicant, there are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or ATTACH : Comm. 691 Bill other natural and environmental resources in the azea. 9. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundazies within the Kaloko Mauka Subdivision. The Council established 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 further recommended 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 conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standazds of the General Plan. 10. Notification: On December 2, 2005, a sign was posted on the property in accordance with Chapter 25, Article 2, Division 1, Section 25-2-12, Hawaii County Code 1983 (2005 Edition). DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is an approximately 21.474-acre parcel located on the south side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400- foot elevation. One dwelling is currently under construction. The site is heavily forested with slopes of 6-20%. 12. Surrounding Zoning/Land Uses: Surrounding lands to the west and northwest are zoned A-l0a and A-7a and in low-density agricultural/residential uses surrounded by pasture and forest land. Adjacent properties to the northeast and south aze zoned A-20a. There aze some small pasture and nursery azeas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north from the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu surround the subdivision to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Kaupulehu Forest Reserve is located mauka (east) of the subdivision. 13. ALISH: Other Important Agricultural Land. 14. Laud Study Bureau's Detailed Laud Classification System: "E" or "Very Poor". 15. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well -2- drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. 16. FIRM: Zone "X", azea determined to be outside the 500-year flood plain. 17. Flora/Fauna Resources: According to the applicants, the site is presently heavily forested with native trees and shrubs such as ohia, tree fem, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. 18. 'Alala Recovery Plan: The 'Alala Recovery Plan dated October 28, 1482, prepazed and approved by the U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 to 3,400-foot elevation, including all pazcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The property is located within Block 7, at approximately the 3,400-foot elevation. Once such a habitat is established, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the'Alala. 19. ArchaeologicaUHistorical Resources: The property is located at the 3,400-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. -3- The applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division. 20. Cultural Resources: According to the applicants, no valued cultural, historical or natural resources exist on the property and there aze no traditional and customary Native Hawaiian rights being practiced on the site. 21. Public Access: There is no record of a designated public access that traverses the property. 22. Traffic: According to the applicants, traffic generated from the proposed subdivision is expected to be minimal. PUBLIC UTILITIES AND SERVICES 23. Access: Access is proposed from Kaloko Drive, a 22-foot wide paved roadway with 8- foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately four miles below the property. 24. Water: Water can be made available from a 6-inch waterline in Kaloko Drive. 25. Wastewater: The applicants propose to use individual wastewater systems meeting the standazds and requirements of the State Department of Health. 26. Essential Utilities and Services: Utilities aze available to the site from poles along Kaloko Drive. The area is served by police and fire stations in Kailua and Kealakehe, approximately five miles southwest of the site. Kealakehe Elementary, Intermediate and High Schools aze located approximately five miles north of the property. AGENCIES' AND ORGANIZATIONS' COMMENTS 27. Department of Water Supply: Exhibit B -December 6, 2005 memo 28. Police Department: Exhibit C -December 6, 2005 memo 29. Fire Department: Exhibit D -December 12, 2005 memo 30. Department of Health: Exhibit E -November 21, 2005 memo 31. Department of Transportation: Exhibit F -November 15, 2005 letter 32. Kona Traffic Safety Committee: Exhibit G -December 1, 20051etter AGENCIES - NO RESPONSES 33. Department of Public Works, DLNR Land and Historic Preservation Division, Natural Resources Conservation Service, U.S. Fish and Wildlife Service -4- PUBLIC COMMENTS 34. None as of this writing. -5- Post Office 13os I ] 0l MOOERS Kamuela, Hawaii 9674.3 ENTERPRISES, LLC Ph<~„e tsos> ssoa4ss Faa (808) 880-146 j,GiYtG~ USB AItCY7~tG~ttVBS gmooers~dmha~ro~aii.rccom APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a} to Agricultural 10-acres (A-l0a) APPLICANT: John Totah TAX MAP KEY: (3) 7-3-026:013 Kaloko Mauka Subdivision Kaloko, North Kona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC October 24, 2005 EXHIBIT Totah Change of Zone Application TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION iv CHANGE OF ZONE QUESTIONNAIRE v TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development 1 B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation 3 3. Applicable GoalslPolicies and Objectives of the General Plan........ 3 4. General Plan Designation 6 5. County Zoning Code 6 6. Community Development Plan 6 7. Special Management Area 6 8. Chapter 205A: Coastal Zone Management Act 6 9. Mountain Access 7 10. County Council Resolution No. 58 97 7 C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting 7 Historic Resources 9 Natural Resources (Flora-Fauna) 9 Cultural Resources 10 Social-Economic Characteristics I 1 Surrounding Lands I 1 i Totah Change of Zone Application D. PUBLIC FACILITIES AND SERVICES Access 12 Water Service 12 Sewage Disposal 13 Solid Waste 13 Police and Fire Services 13 Schools 13 Parks 13 Other Utilities 13 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity.• 13 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact.• 14 3. Alternatives to the proposed development.• 14 4. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented 15 F. PROPOSED FINDINGS 15 G. EXHIBITS A. Resolution No. 58 97 B. Location/Vicinity Maps C. Change of Zone Exhibit D. "No Effect" Request from SHPD ii CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: John Totah APPLICANT'S SIGNATURE: ~u r ~~z DATE: E ~ - ~ ~ ~ T% c . ADDRESS: 78-6799 Walua Road Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner+ 4~[v~ LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFIC~iE'RS: PHONE:(Bus.) 322-3041 (Res.) (Fax) LANDOWNER(S): David Eugene Patterson and Susan Kay Carothers LANDOWNER SIGNATURE(S): E:~ (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 354 Hoolehua, Hawaii 96729-0354 REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 10-acres (A-l0a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-o26:ot3 STREET ADDRESS OF PROPERTY: 73-2200 Kaloko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.474 acres AGED?T: Gregory R Mooea ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.)88o-1454 (Fax)880-]456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: John Totah (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of Zone? Yes If please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 21.474 b. Into what lot sizes? IO+acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 mos. d. Do you intend to build houses on the newly created lots? yes If des, please answer the following questions: On how many of those lots? 2 At what approximate price range? House 350,000 Lot Total Not for sale Approximately how long, after approval of the subdivision, would the first house be available for occupancy? one year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? h• Sell or lease the land to someone who has tentative plans? ~ Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/89 f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will provide one additional lot in the Kaloko area. 9. Are there any buildings on the subject area? Yes If so, what kind? A single-family residene is being constructed on proposed lot 9-B, please see the rezoning exhibit. What do you intend to do with those buildings if your request is approved? It is the applicant's home. 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- a• 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. Forest If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8• Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 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 ~ Sewer X d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X X y. Recreational Facilities h. Public Otilities X X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The Mamalahoa intersection needs to be improved. The applicant will pay a fair share assessment for this. r /-/1 ~ Signature: fi''S%vca '%C~[~"4~-~ Address : 78-6799 Walua Road, Kailu-Kona, Hawaii 96740 Telephone: 322-3041 Date: -9- Totah Change of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-l0a) APPLICANT: John Totah TAX MAP KEY: (3) 7-3-026:013 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 21.474 acre parcel located southeast of the intersection of Haleamau Street and Kaloko Drive at approximately the 3600 feet elevation. It is identified as Lot 9, Block 7, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. b. Statement of objectives and reasons for the request: The owners propose to subdivide the existing lot into two lots approximately 10+ acres in size. Currently there is one dwelling under construction on the property. Please see the site plan in the exhibits. These lots are intended to be residential/agricultural lots for the owners. John Totah, as applicant, is their agent. c. Number of acres: 21.474 acres are covered by this request. 1 Totah Change of Zone Application d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to subdivide the existing lot into two 10+ acre pazcels. It is proposed that the lots will have similar conditions as those placed on other rezoned lots in this azea of the Kaloko Mauka subdivision. The conditions have included 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; a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and a 100- foot wide structural setback in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer. Restrictive covenant(s) in the deeds of both the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described, no less than eighty percent (80%) of the entire lot azea shall be retained in forest. A copy of the proposed covenant(s) to be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances approval to the issuance of Final Subdivision Approval. e. Time frame and cost: The application for the subdivision will be filed immediately after the change of zone is completed. The estimated cost of the houses is approximately $350,000 each f. Parking arrangement: Parking for the lots created will be accommodated on each site as required by the Zoning Code. It is anticipated that there will be one residential unit on each lot. 2 Torah Change of Zone Application g. Traffic Impacts: The applicant believes that the traffic generated by the proposed lot subdivision will be minimal. The subdivision of this property into two lots will add one additional lot to the subdivision. h. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicant understands that all recent re-zonings in the Kaloko Mauka area have been conditioned to require the applicants to participate in the improvement of this intersection. The applicant stipulates to this fact and will also participate in the improvements. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their guality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with 3 Torah Change of Zone Application the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 4 Totah Change of Zone Application o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, and public need. (I) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. 5 Totah Change of Zone Application o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. Genera[ Plan Designation: Important Ag Land-Extensive Agriculture. 5. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to change the zoning to Agricultural-l0acre (A-l0a). This request is consistent with Hawaii County Council Resolution No. 58 97. (See Exhibit A). 6. Community Development Plan: This azea is not covered by the Kona Regional Plan. 7. Special Management Area: The property is not located within the County of Hawaii's Special Management Area. 8. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 8 miles from the shoreline surrounded by a regional roadway system. The proposed use of the subject property will not negatively impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 6 Totah Change of Zone Application 9. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these areas will be impacted by the proposed action. 10. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundazies within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for ]ands 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. This proposed change of zone request is consistent with this Council Resolution. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 11. Description of subject property: The subject property is a 21.474 acre pazcel located southeast of the intersection of Haleamau Street and Kaloko Drive at approximately the 3600 feet elevation. It is identified as Lot 9, Block 7, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of between 6 and 20%. The mean annual rainfall according to USGS Report R- 47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There are no structures on the property. 7 Torah Change of Zone Application 12. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this azea on a descending scale of risk I to 9 as Zone 4. About 5% of this azea has been covered by lava since 1800 and less than 15% has been covered by lava in the last 750 years. "Zone 4 includes all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover lazge azeas." 13. Distance from coastline: The subject property is approximately 8 miles east of the coastline at Puhili Point. 14. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Soils within the subject property aze classified as "Other important Agricultural Lands" by the ALISH system. IS. U.S.D.A. Natura[Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kona Extremely Rocky Muck (rKYD), 6 to 20 percent slopes. 16. The Land Study Bureau soil rating: Soils within the subject property aze classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dark brown; parent material- A'aand volcanic ash; stoniness-sharp lava clinkers; drainage-very well drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine tilling. 17. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500-year flood plain. 18. Existing drainage ways or improvements: The property has no history of 8 Totah Change of Zone Application flooding. There aze no drainage improvements on the site. 19. Air/noise/water quality: The air quality is excellent as there aze no industrial uses in the area and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject pazcel. The area is a rural agricultural azea as such there is little noise pollution. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 20. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject pazcel is located in a forested azea at the 3600 foot elevation above the boundazies of apre-contact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. Additionally, the National Park Service published a report in 1991 entitled "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona. This study also identified remains of an agricultural field system up to the 3500 foot elevation at certain locations. There is no record of historic sites on this property in either the National or State Register. The applicants have requested a determination of "no effect" from the State Historic Preservation Division. SHPD has granted these letters for the neighboring properties of this subdivision. Natural Resources: 21. Existing floraUfaunal resources: The site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife seen at the property consists of turkeys, 9 Totah Change of Zone Application hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixtwe of native and non-native. The proposed development has the potential to alter the mixtwe of plant life, however the low density of development and previously applied zoning conditions will asswe continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the Alala, an endangered bird whose population has reached an extremely critical state. The central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding Alala. The Plan recommends that portions of the lands of Kaloko above the 3,200 feet elevation be designated as essential habitat for the Alala. The subject property is proposed to have 80% remain in native forest for this habitat. 22. Cultural Resources: According to the owners and neighbors, no valued cultural, historical or natwal resowces exist of the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed actions will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 23. Scenic or coastal resources: The property is located 8 miles east of the shoreline and will not impact on coastal resowces. As the subject parcel is heavily forested, there aze no view planes to be distwbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structwes will be well buffered from neighboring properties and the roadway. 10 Totah Change of Zone Application Social-Economic Characteristics: 24. Social settlement pattern jor the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a lazge and growing shaze of the visitors to the island and consequently the de facto population is lazger than the census might indicate. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 25. Economic resources of the area: Aside from a few nurseries and small scale agricultural endeavors within the subdivision, the surrounding azeas aze used for pasture lands by various ranches and much of the land in the azea is lefr undisturbed for forestry. 26. Land values: According to prominent Realtors in the area, the land values in this subdivision have increased dramatically over the past few years. Surrounding lands: 27. Land use: The properties immediately surrounding the subject parcel within the Kaloko Mauka Subdivision are low-density residential lots with minimal cleazing of the natural forest. There are some small pasture and nursery areas within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands aze 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. The Palani Ranch lands of Honokohau abut Kaloko Mauka 11 Totah Change of Zone Application on the entire southern boundary. These lands have been historically grazed, however a 80 acre parcel is presently being used for forest products. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko Mauka. 28. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-l0a to the north, west and east, and A-20a elsewhere. Properties within the subdivision at lower elevations are zoned FA-3a, A-3a and A-Sa. D. PUBLIC FACILITIES AND SERVICES 29. Description of access: The access to the subject property is from Kaloko Drive, a 22 foot wide paved roadway with 8 foot grass shoulders within an 80 foot right-of--way. Kaloko Drive intersects with Mamalahoa Highway approximately 4 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 30. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural uses, as the annual rainfall is adequate for these purposes. 12 Totah Change of Zone Application 31. Sewage disposal: The applicants propose to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 32. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service takes the refuse to the County landfill at Puuanhulu. The applicants intend to use this existing transfer station for both lots. Construction waste will be taken to the County's landfill at Puuanahulu. 33. Police and fire protection: This azea is served by police and fire stations located approximately 6 miles to the southwest of the site in Kailua and Kealakehe. Al] roadways aze paved, with adequate width and are accessible for emergency service vehicles. 34. Schools: The project site is located about five miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 35. Parks: There is a County Paks and Recreation gym and park facility at the Old Airport Pazk in Kailua approximately 7 miles from the subject pazcel. 36. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the 13 Totah Change of Zone Application relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. The applicants propose that the conditions applied to other re-zonings in this subdivision be applied in this case as well. These include; a. A 100-foot "forest reserve easement" for buffer purposes along the existing roadway. b. A 100-foot structural set back along the existing roadway. c. A 30-foot "forest reserve easement along all lot lines as a buffer between pazcels. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. f. A forest preservation plan shall be prepazed for each of the lots. g. A "fair shaze" contribution to mitigate any potential impacts will be paid. 3. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of one additional agricultural lot for residential uses, forestry and agriculture. It would also not increase the real property tax base as the proposed action would. It would not provide protection to the native forest afforded by the conditions cited above. 14 Totah Change of Zone Application 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of one additional rural-residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There aze presently no such restrictions on the development of the property. F. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. 15 ' Totah Change of Zone Application LIST OF EXHIBITS A. Resolution No. 58 97 B. Location/Vicinity Maps ' C. Change of Zone Exhibit ' D. "No Effect" Request from the State Historic Preservation Division I ' Totah Change of Zone Application 1 EXHIBIT A Resolution No. 58 97 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. ~ 8 9 7 (Draft 3) RELATING TO ZOMNGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO 1?1AU1{A SUBDIVISION WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that no lands above the 3,000•foot clevation within the Kaloko Mauka Subdivision or the 2,500-Coot 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 rcquesu for A-IOa lots above the 3,000-foot clevation with more stringent requiremenu to mitigate the concerru established in Resolution No. 330-96; and WHEREAS, the Council recognizes that a low dcnsiry use patters for the mauka, watershed lands of the island of Hawaii, in particulaz the Kana 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 clevation with the following conditions in addition to the standard conditions of approval for similar zottings in the area, will protect the watershed and native forest and maintain a low detuiry pallets: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Ducctor within five (5) yars from the effective date of this ordinance. The applicant shall reserve the followiag easements and special setbacks in perpetuity for purposes of protecting sad maintaining naturally fores[ed area and shall delittcate such easements and setbacks on plants subtnined for subdivision review: 1. A 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access poinu permitted by the Dcpatvnent of Public FVorlcs; 2. A 30-foot "forest reserve easement' along all lot lines not covered by the I00- foot easement; and 3. A 100-foot wide structural setback in Iteu of the required 30-foot setback along the existing property's n+lic sweet frontage to provide an additional buffer. B. Restrictive covenant(s) in the deeds of all the proposed agricultural tots 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 tot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A Copy of the approved covenant(s) shall be recited in 1n 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 covenant(s) in the deeds of all the proposed agricultural lots shall pcohibit Uie construction of a second 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 shalt 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 is an instrument executed by the applicant and the County a~ recorded with the Bureau of Conveyatces prior to the issuance of Final Subdivision Approval. D. A forest tnanagemcnt 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 Lard and Natural Resources, the State Department of Health, the State Department of Agriculture and the U.S. Deparnnent of Natural Resources Conservation Service. The forest rnanagetnent play shall require the following: 1. Include at minunttm, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, ixluding chose of the State Departrrtent of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Matragemeot Progruu. 2. The forest management program sball include a restrictive covenant for the proposed lots within the subject property wtticD shall be recorded with the State of Hawaii Bureau of Conveyances andlor 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 m as instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of total subdivision approval. 3. If more than twenty percent (20%) of the subject property has boon cleared or grubbed prior to the submittal of tt.e 'rest management plan or the recording of the restrictive covenant(s), the refc:esntion program for any cleated or grubbed area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of foul 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 afur the 50-year 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-1 Oa zoning requests for ocily 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 standards of the General Plan are met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen IC Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and Virgirlja Goldstein, Planning Director, Dated: Hilo, Hawaii, this _2r~.__ day of June , 1997. INl7tODUCED UN IL IvIBER, COUNTY OF HAWAlI O1LTrCFS COUNTY COUNCYL ROLL CALL VOTE Couory of Hawr+il AYES NOES A85 EX silo, EfaN,ii ~a X ' cxunc X t btrcby certify tbst We roretoisg iRESOLU710N was by We urtraan.rooo X . ou iadicared to rbe riebt bettor adopoed D~ the COUIYC4. of the AAY X Couory or flaNdi oo June 2, 1997 aavnot.us X s+urt~u+cew X ATTEST: snare 7f T~~ X , Y~.CGNC j( 8 ~ l ~ Rcrereeee PC-53 ~Ot R!( CHAIItMAN & PRESQ1iNC OFFICER RESOLU770N NO. J S 9 7 (Di.AFf 3: ' Totah Change of Zone Application 1 1 r EXHIBIT B Location/Vicinity Maps _ ~ - - _ y a Y j ~ h C ~Q~ ~ .oooa=.d 0 ~ ~ 4f~oN anal J r f i f - ~ iOB sai>e. wAr V i/ ~ iN .l~.Y ' N J s u . ` ~ o ~ Q r `d J h .,e .ooa=.i O e....,. a yNoN anal Q 6 N ~~o~e N r A ~ u N .t e.ei .d r S 1® 11 i r. e ~F.+ O l~~ ~onr e. n w J ~ Y a ae..a, c • ' •2 - ~•~1~ i~ ray ea.e..r 7 0 4 O ~ \ J i~ ~ Q Q. au N e c i 'n 7~xL O f'. ~ ~ N -t~ ~ ao r I ~ F . d G c~ • • r ~ ~ , y ~ ~ itti . pp~ °.y y C•- 'pC . 4 to I^ o • + C ..gt „ j h . , o ~ ° ~ w `I t e O l0 1 ° _ *V f c ~p r A ^ 1 ~_T c o .S A o i'.n ~ a ~ 'J ~ J '-nmuo:p u n L ~ ~ I ~ ~ ~ ~ ~ i ~ a N a' , n ~ - ~a~ ~d . ! o ~ $ ~ v m ~ ~ ~ Y o . _ M ~ t Jo t aaayS '000-E-L£ - B6-L66t 'IH '!!emeH ~"T~GF y ~ ~O,Q 9~F p'~y 9~ 9G ~T BLOCK 8 P`~~~ BLOCfK 9 it r`-9 ~ J KALOKO DRIVE ~ S~ z3 x; 5 h ~.f r hY ~r~.. N.~........ r BLOCK 7 , ~q , ~O ~O NAO STREET o,~ / ~~F HAO STREET ' VICINITY MAP ~ SCALf: 1 /NCH = 1,000 FEET Totah Change of Zone Application I EXHIBIT C Change of Zone Exhibit S k ~ `c c ~ h c ~ g h E La ~ o k - g a`- g o ` u , fi E m of ~ who. .y ~ j ~ E` C~ ~Sc~ ¢ Y' ~ ~ ~0 (Y] $ a ' 0 1( J` ~ ys'~3P m' t ha 4 1~ ~ m w J~ ~ Q ~ a~~R 3 = 8 m ? . ~ o ~=a ~ ~ o ~ k _W d x ~ [N ~W CG O nn Y9 arra - am J ' 3 O O Z g O O 0~ ~ o ~ o in o~ 3 1- - ~ _ ~~z 3 zz x - 5 ~ - s Z aO~~4 Q yo ~ W ~ 8 { N ~ c I ~ ~Q ~ oo ~ ~ ~ p O^ ~ F ~ JY N QU w a ~ d - OJ o O ~ 9~ ~ ~ pqq 9 w O `1 ` jB~ O O Y 6 ~ O o _ O Y - L N ~4 h Q SC(f6 Afnt ^ x ,G t i o x N ~ ~ m 3 m i c e a` y a k Y ~ ~ o U.. ~ ~ ~ ~ ~ k r 7~ B . ~ 8 3 ~ z ~s~~ ~t e ~~V ~ k~~ e a h T F, 8 ~ ¢ ~~e a~ ~ o ~ ~r~ 2 ~ H ^f ' Totah Change of Zone Application 1 EXHIBIT D "No Effect" Request from the State Historic Preservation Division ,Post Office Box 1101 MooERS ICamuela, Hawaii 96743 ~N~'E~~$ES L.I,C Phcjne (808) 880-145.5 ~ Fax (808) 880-1456 Lund Use Alternatives bRnooersChawaii:rr.cum October 23, 2005 Mary Anne Maigret State Historic Preservation Division 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Reports TMK: (3) 7-3-26:013 (Totah) Kaloko Mauka Subdivision Kaloko, North Kona, Hawaii Mary Anne: I am processing a change of zone request for the property identified above in the Kaloko Mauka Subdivision. I have been required by the Panning Department to either get a "no effect" letter from your Division or do an inventory survey for the subject property. There have been numerous change of zone applications in this subdivision that have been processed without inventory surveys. Previously your department has written "no effect" letters for these changes of zone actions. I have been informed by SHPD staff and archaeologists that there have been surveys done in this subdivision and that the elevation of sites discovered were in the lower reaches of the subdivision. Given the elevations of the subject property, at 3700 feet, it has been previously thought there would be no features present. I would like a letter from your office either finding there would be "no effect" or guidance on the type of archaeological work that would be required for you to make that determination. Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this letter. Sinc ely, Grego ooers President GRMaY ua warE~r 1 ~P< Off` 1 ~ DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o~yt/a/Naw~yy 345 KE KGANAO'A STREET, SUITE 20 HILO, HAW AI'I 96720 TELEPHONE (806) 961-6050 FA% (BOB) 961-8657 December 6, 2005 OEC 0 8 BOOS TO: Mr. Christopher J. Yuen, Planning Director Planning Department ~ FROM: Milton D. Pavao, Manager ' SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-021) REQUEST: A-20A TO A-l0A APPLICANT -JOHN TOTAH TAX MAP KEY 7-3-026:013 We have reviewed the proposed Change of Zone application and have the following comments. Based on the prevailing water situation in the area, water can be made available from the 6-inch waterline in Kaloko Drive fronting the subject property. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on the one additional lot that is requested in the proposed Change of Zone Application, the required water commitment deposit is $150.00. Remittance of $150.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. Upon issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to, installation of service laterals that will accommodate a 5/8-inch meter to each lot. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. ~ EXHIBIT Water 6winc~s ~roc~res9... The Depadment of Water Supply is an Equal Opportunity provider antl employer. To file a complaint of discrimination, write'. USDA, Director, Office of Civil RigMS, Room 326-W, Whitten Building, 14th antl Independence Avenue, SW. Washington DC 20250-9410. Or call (202) 720-69fi4 (voice and TDD) Mr. Christopher J. Yuen, Planning Director Page 2 December 6, 2005 2. Remit the prevailing facilities change balance, which is subject to change, totaling $5,500.00, as calculated below. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. FACILITIES CHARGE One I s` service previously paid $ 0.00 One additional service ~a $5 500.00 each +5,500.00 TOTAL (SUBJECT TO CHANGE) $5,500.00 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call Ms. Shazi Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavao, P.E. Manager SHK:dms copy - Mr. John Totah Mr. Gregory R. Mooers, Mooers Enterprises, LLC qtr orr Harry Kim ~ Lawrence K. Mahuna ' Polrce Chref Mayor r '4r~;;~;;;a~~~ Harry S. Kubojiri Deputy Pofice Chief County of Hawaii , POLICE DEPARTMENT pEC 12 2005 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808)935-3311 • Fax (808)961-2389 f2ECEIVED COUNT! OF HAWAII December 6, 2005 P`DEPTNG TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM :RONALD T. NAKAM C ,I, ASSISTANT POLICE CHIEF, AREA II OPERATIONS SUBJECT: Change of Zone Application (REZ 05-021) Applicant: John Totah Request: A-20a to A-10a TMK: 7-3-26:13 Staff has reviewed the above-referenced application and submits the following comments. Staff maintains that until such time as adequate roads are built to support the ever-growing population, construction, and additional vehicles on our roadways, additional development must adhere to the County's proposed policy on the principle of concurrency. Major concerns on any further subdividing in Kaloko Mauka deal with traffic issues. The Kaloko/Mamalahoa Highway intersection needs to be improved. In addition, this section of Mamalahoa Highway is bumper-to-bumper during both the morning and afternoon hours heading into Kailua-Kona. Any further subdividing in this area without creating additional north-to-south connector roads will only add to the existing congestion. Should you have any questions, please contact Captain Paul Kealoha, Area II, Kona Patrol, at 326-4646, extension 249. ^^pp EXHIBIT "Hawai'i County is an Equal Opportunity Provider and Employer" +7w~~ejtr Harry Kim Darryl J. Oliveira Mayor Fire Chief ,re'j• Desmond K. Wery 9r~ O~.•,•.,, Deyury Fire Chief r ~aurttp of ~abnaf `i FIRE DEPARTMENT 25 Aupuai Street • Suite 103 • Hilo, Hawaii 96720 (808)961-8297 Fax (808)961-8296 December 12, 2005 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-021) APPLICANT: JOHN TOTAH REQUEST: A-20a to A-l0a TAX MAP KEY: 7-3-26:13 In regazds to the above-mentioned Change of Zone application, the following shall be in accordance: Fire appazatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General Fire appazatus 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 &rst 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 maybe 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 10301 (b). v ~ ~ y1 ,2~ EXHIBIT ~ ` ~ Plt~a` r e D~ Hn'[vui'i County is an Equal Opportunity Provider and Employer. Christopher J. Yuen December 12, 2005 Page 2 " 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire appazatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical cleazances or widths required by this section may be increased when, in the opinion of the chief, vertical cleazances or widths are not adequate to provide fire appazatus access. "(fl Surface. Fire appazatus 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 provrde all- weather driving capabilities." (20 tons) "(g) Turning Radius. The fuming radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) ltirrnarounds. Al] dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the taming azound of fire appazatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire appazatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen December 12, 2005 Page 3 "(k) Obstruction. The required width of any Sre apparatus access road shall not be obstructed in any manner, including pazking of vehicles. Minimum required widths and clearances established under this sectron shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with IJFC Section 10.301(c): "(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 portrons 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 requu'ed fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the requu ed 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 accessrble to the fire depaztment appazatus by roadways meeting the requirements of Section 10.207. ARR OL IRA Fire Chief JCPapc 26 ~ sS'; .evo~ o LINDA LINGLE ~ CHIYOME LEINAALA FUKINO, M.D. GCVERiJOR ' ~ DIRECTOR OF HEALTH ~,_.~f r. STAtE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: November 21, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimoto Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ OS-021) Applicant: John Totah Request: A-20a to A-l0a Tax Map Key: 7-3-26:13 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZOS-021.my EXHIBIT LINDA LINGLE ~ • r RODNEY K. HARAGA b......-.. 1 GOVERNOR n°%', .a sn'~'~% DIRECTOR Deputy Direciws ¢~i: BRUCE Y. MATSUI BARRY FUKUNAGA ~3Q. BRENNON T.MORIOKA ~~wvo~~~ BRIAN H. SEKIGUCHI STATE OF HAWAII , INREPLVREFERTO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1962 HONOLULU, HAWAII 96813-5097 ' ] 1 November 15, 2005 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: John Totah Change of Zone Application (REZ OS-021) TMK: 7-3-26: 13 Thank you for requesting our review of the subject application. The applicant proposes to subdivide the existing 21.474 acre lot into two 10+ acre lots. These lots are intended to be used as residentiaUagricultural lots. We have no objection to the proposed change in zoning, but we are concerned with the number of past zoning and land use changes in the Kaloko Mauka Subdivision azea and the resultant cumulative impact on the intersection of Mamalahoa Highway and Kaloko Drive. It is our understanding that the County will be responsible for implementing required improvements at the intersection. Improvements to the intersection should include, but not be limited to the following: 1. Illuminating the intersection at night. 2. Channelized turning movements at the intersection; and 3. Other safety improvements All improvements should be made at no cost to the State and plans for construction work within the State highway right-of--way must be submitted to our Highways Division for review and approval. v EXHIBIT Y Mr. Christopher J. Yuen STP 8.1962 Page 2 November 15, 2005 Please contact our Statewide Transportation Office if you have any questions. We appreciate the opportunity to provide our comments. Very truly yours, ~,e^ ~i~e RODN K. H GA Directo' of Transportation ~ONA 1~RAFFIC ~AFE7'Y 0/IA~AITTEE 75-344 Nani Kailua Dr., Kailua-Kona, HI 96740 (808) 331-0441 December 1, 2005 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 05-021) John Totah Dear Mr. Yuen: Mahalo for requesting the Kona Traffic Safety Committee's comments on the subject application for change of zone for approximately 21 acres at 73-2200 Kaloko Drive in Kaloko Mauka. We have reviewed the application and believe that the applicant correctly observes that rezoning will have minimal effect on traffic in the area, and that the intersection of Kaloko Drive and Mamalahoa Hwy (Rte 190) needs to be improved. Accordingly, the applicant states that he will participate in the improvements. We agree that improvements are needed, because the intersection is unsafe, with limited sight lines, and we applaud the applicant's intention "to participate." We question, however, what has happened to the fair share assessments levied on, and supposedly collected from, the many other recent rezonings in Kaloko Mauka that were intended to improve the Kaloko Drive/Rte 190 intersection, what improvements, if any, are planned far the intersection, and when those improvements will be completed. We believe that the community is entitled to an accounting of the funds already collected, and to a report on progress, or lack thereof, toward improving the intersection. Thank you for the opportunity to comment. Sincerely yours, Joel E. Gimpel Chair, Public Affairs EXHIBIT 1 Page ] of 1 Dacayanan, Melissa From: ALOHAFIDLR@aol.com Sent: Thursday, December 01, 2005 9:25 AM To: planning@co.hawaii.hi.us; Takemoto, Roy Cc: akpkkoeh@hawaii.rr.com; JCIP@hawaii.rr.com; dahco56@prodigy.net; rgward007@hawaii.rr.com; k.kuikahi@verizon.net; zarley2k@msn.com; blann@verizon.net; morganj188@hawaii.rr.com; kishd@earthlink.net; guido@kona.net; konalil@hawaii.rr.com; lisabunge@hawaii.rr.com; manakuke@hawaii.rr.com; KonaKeys@msn.com; marnih@turquoise.net; Janiamone@aol.com; Josephine@poidogs.com; jws@aloha.net; amarino@hawaii.rr.com; markar@hawaii.rr.com; jk@bigisland.net; Gkahulamu@aol.com; konalen@kona.net; Alohatrudy@aol.com; Konajennings@hotmail.com; kona50@webty.net; HowardWeir@cs.com; scot2000@earthlink.net; PollakConsultGrp@aol.com; fbgmail@goodale.org; kapifago@co.hawaii.hi.u s, phoffmann@co.hawaii.hi.us Subject: Totah Application for Rezoning Dear Mr. Yuen: Here are the Kona Traffic Safety Committee's comments on the subject application for rezoning. Thank you for the opportunity to comment. Aloha, Joel Gimpel Chair, Public Affairs 8 p,~`l. 12iv2oos RTotahREZ.doc -12/19/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOHN TOTAH CHANGE OF ZONE APPLICATION (REZ OS-0211 Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.474 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-1 Oa) for approximately 21.474 acres of land to subdivide the property into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot, with each dwelling estimated to cost approximately $350,000. One dwelling is currently under construction. In order to consider an area for any type of zoning designation, the applicable goals, policies and standazds ofthe 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 azeas in the County. The Change of Zone request from an Agricultural (A-20a) to the Agricultural (A-l0a) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land -1- uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject azea is designated Important Agricultural Land. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primazily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The property is designated as Other Important Agricultural Land (DIAL) by the Agricultural Lands in the State of Hawaii (ALISH) System. DIAL is land other than Prime or Unique Agricultural Land that is of statewide or local importance for the production of food, feed, fiber and forage crops. The lands in this classification are important to agriculture yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope, flooding, or drought that excludes them from the Prime or Unique Agricultural Land classifications. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea determined to be outside of the 500- year flood plain. The property is located on the south side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400-foot elevation. Surrounding lands to the west and northwest are zoned A-l0a and A-7a and in low-density agriculturaUresidential uses surrounded by pasture and forest land. Adjacent properties to the northeast and south aze zoned A-20a. There aze some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the properly along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the property is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately four miles below the properly. The Department of Transportation (DOT) has expressed concerns regarding the numerous -2- rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection at Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change and recommended the following: 1) illuminate intersection at night, 2) channelize fuming movements at the intersection, and 3) provide other safety improvements. The DOT has further stated that the intersection improvements should be made at no cost to the State and requested that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. The roadway improvements are essential since similar changes of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the traffic concerns. On June 2, 1997 the County Council adopted Resolution No. 58 97, regazding the Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka Subdivision. The Council established 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 recommended that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those pazcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standazds of the General Plan. The Planning Commission recognizes that forest preservation is part of the General Plan and has determined that the proposed reclassification is consistent with this General Plan goal. In this regard, the reclassification would also support the County Council's position on rezoning of lands within the Kaloko Mauka Subdivision as articulated in its Resolution No. 58 97. -3- The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the Important Agricultural Land designation by the General Plan LUPAG Map. The requested A-l0a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the Waal character of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. The property is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. The 'Alala Recovery Plan dated October 28, 1982, prepazed and approved by the U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The property is Located in Block 7 at approximately the 3,400-foot elevation. 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 -4- provide for a stable and secure environment for the recovery of the 'Alala. The property is located at the elevation recommended for preservation as a habitat for the 'Alala. The U.S. Fish and Wildlife Service did not provide any comments on the request. As part of the Office of State Planning's five-yeaz State Land Use District Boundary Review, the Water Resources Reseazch Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the rechazge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The property, located at the 3,400-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and ] 971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. The applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division. In addressing potential adverse visual impacts the clearing of the property for individual home sites and agricultural uses may have on the existing upland forest character within the area, the following conditions are proposed: -5- • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines as a buffer between parcels; • a 100-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot azea to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts Conditions will be included to preserve the forest comdor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot, and a "fair shaze" contribution to mitigate any potential impacts. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately eight miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Water can be made available from a 6-inch waterline in Kaloko Drive. The applicants state that the Department of Water Supply considers the Kaloko Mauka Water System a sepazate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,000-foot elevation. The reservoirs have a capacity of 500,000 -6- gallons. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems for each lot, meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to the site. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka :4ina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investi¢ation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the azea, historical survey of documentary records, or botanical study was included in the application. However, there aze existing archaeological studies of the immediate azea. • The valued cultural historical and natural resources found in the rezoning azea: According to the applicants, the parcel is located at the 3,400-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the azea. This study identified remains of an agricultural field system up to the 3,500-foot elevation. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. According to the applicant, there is no evidence that the flora in the azea aze particulazly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights aze exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural (A-20a) to the Agricultural (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -8- CTotahREZ.doc- I2p 9/OS JOHN TOTAH CHANGE OF ZONE APPLICATION (REZ OS-021) CONDITIONS OF APPROVAL A. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant(s), successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District, C. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 100-foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and 3. a 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than 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. F. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject properly shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director _Z_ for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the forest management plan or the recording of the restrictive covenant(s), the reforestation program for any cleazed or grubbed area(s) in excess of the 20% within the subject property shalt 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. H. A drainage study of the project site, if required, shall be prepared for review and approval by the Depaztment of Public Works. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. I. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Depaztment of Land and Natural Resources- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an azchaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. The applicant shall make its fair shaze contribution to mitigate the potential regional impacts of the subject property with respect to roads. The amount of the fair shaze contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow -3- for each such lot, and shall become due and payable within ninety days of the effective date of this ordinance. The fair share contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of $9,991.20 per additional lot. Based upon the applicant's representation of intent to subdivide and develop up to one (1) additional lot, the indicated total fair shaze contribution is $9,991.20. The fair share contribution shall be allocated as follows: • $9,991.20 per additional lot for an indicated total of $9,991.20 to the State or County to support road and traffic improvements. The fair shaze contribution shall be adjusted annually by the Hawaii County Planning Department, beginning three yeazs after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). Upon approval of the fair shaze contributions, the Director shall submit a final report to the Council for its information that identifies the specific approved fair shaze contributions, as allocated, and further implementation requirements. K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fees Ordinance. L. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. -4- 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional yeaz). 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicants' request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the azea to its original or more appropriate designation. -5- ~;~LTl'e1T`~' ~F I~AI`I ST'AF'F GF I-~~J~i~`I BILL NO. _ (PLANNING DEPT) 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 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTiJRAI. (A-l0a) AT KALOKO MAUKA SUBDNISION, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-26:13. 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 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko Mauka Subdivision, North Kona, Hawaii, shall be Agricultural (A-l0a): Beginning at the Southeasterly comer of this parcel of land, being also the Northeasterly corner of Lot 12 of Block 7 of Kaloko Mauka Subdivision, Increment 3 (File Plan 1432) and being a point on the Westerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being ] 2,074.13 feet South and 4,664.39 feet East and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 1. 53° 10' 901.68 feet along Lot 12 of Block 7 of Kaloko Mauka Subdivision, Increment 3 (File Plan 1432) to a point; 2. 140° 00' 1,007.87 feet along Lots 10-B and 10-A of Block 7 of Kaloko Mauka Subdivision, Increment 2 and along Lot 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; -1- 3. 233° 10' 957.35 feet along Lot 7-A of Block 7 ofKaloko Mauka Subdivision, Increment 2 to a point; 4. 323° 10' 1,006.23 feet along the Westerly side of Kaloko Drive to the point of beginning and containing an area of 21.474 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3-