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Home My WebLink AboutCOM 0692.000 2004-2006 J~Stl OF p~~9.,~ Harry Kim 40°-' ~ Dixie Kaetsu Mnyor Mnnnging Director s; ye :,/~dx''::' f3: s ~ Barbara Koslow tf os` w~~ Deputy Managing Director County of ~a~aii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961 X21 ] • Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Suite 103 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 Urban Change of Zone Application (REZ OS-013) Request: A-Sato RM '?.5 Applicant: Lava Kuakini, LLC Tax Map Key: 7-5-17:pors 2 & 5 Change of Zone Application (REZ OS-021) Applicant: John Totah Request: A-20a to A-l0a Tax Map Key: 7-3-26:13 ~hange of Zone Appiication (REZ OS-000024) Applicant: Scott Gelling Request: A-20a to A-Sa Tax Map Key: 7-3-25:9 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~ Harry Kim ~ Mayor ~®E'~71'2'4~ I~1®, Ref. figs; Enclosures f, ~ cc: Planning Department µ Hawaii Coun[y is an Equal Opportunity Provider and Employer +(Y OI yM_ ~'`M ~~:"T~W •!1 County of Hawaii PLANNING COMMISSION Aupuni Cen[er • 101 Pauahi Stree[, 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-000024) Applicant: Scott Gesling Request: A-20a to A-Sa Tax Map Key: 7-3-25:9 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 5-acre (A-Sa) district for approximately 23.211 acres of land. The property is located on the southeast side of Hao Street, approximately 700 feet from the Hao Street-Kaloko Drive 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 Agricultural (A-20a) to Agricultural (A-Sa) for approximately 23.211 acres of land to subdivide the property into four lots approximately five acres in size. The property has been CPR'd into four units and sold to four different landowners. Two of the proposed lots, Lot A and Lot D, are improved with single-family dwellings. The lots are intended to be residential/agricultural lots for the four current landowners. The applicant intends to construct a dwelling on two of the proposed lots. The estimated cost of each dwelling is approximately $300,000.00. Hawai `i County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz areas in the County. The Change of Zone request from Agricultural (A-20a) to the Agricultural (A-Sa) zoned 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 (IAL), those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The ALISH System classifies soils within the subject property as Other Important Agricultural Lands, which include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an azea determined to be outside of the 500-year flood plain. The property is located along the southeast side of Hao Street, approximately 700 feet from the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,700-fool elevation. Lands to the northeast or mauka of the property is zoned A-20a. Properties to the northwest and southeast are zoned A-Sa and lands to the southwest or makai of the site are zoned A-3a and FA-3a, and aze in low- density residential uses surrounded by forest land. There aze some small pasture and nursery areas within the subdivision. The forest ]ands 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. Stacy Higa, Chairman and Members of the County Council Page 3 The proposed access to the property is from Kaloko Drive and Hao Street, both 22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of--ways. Kaloko Drive intersects with the Mamalahoa Highway approximately three miles below the subject property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has recommended improvements at the intersection due to the additional traffic and activity on the roads from the cumulative effect of the land use change: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements. The DOT has further stated that their understanding is that the intersection improvements will be implemented by the County at no cost to the State. The DOT requests that all plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. Similar comments, which would also be relevant to this application, have been provided for other change of zone requests in the Kaloko Mauka Subdivision. The Department of Transportation, Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Department of Transportation's concerns. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the Important Agricultural Land designation by the General Plan LUPAG Map and Other Important Agricultural Lands designation by the ALISH system. The requested A-Sa zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural chazacter of lands located within the Kaloko Mauka Subdivision zoned A-Sa. The applicant has agreed to impose covenants restricting the construction of second dwelling units on each subdivided lot. The approximately five-acre lot sizes will also provide additional opportunities for residents Stacy Higa, Chairman and Members of the County Council Page 4 who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 20-acre parcels. According to the applicant, 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. 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. 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 azea mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge azea. 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 e]evation, which includes the subject property. The property, located at approximately the 2,700-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 vaziety 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 Pazk Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated October 23, 2005, the applicant has requested a letter of no effect from the State Historic Preservation Division. In addressing potential adverse visual impacts that the clearing of the property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicant has proposed the following: Stacy Higa, Chairman and Members of the County Council Page 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 not covered by the 60- foot easement; • 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 SO% 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. The Planning Director also recommends a restriction against 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. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately seven miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. According to the applicant, water can be made available from an existing 8-inch waterline on Kaloko Drive. The applicant also states 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 Stacy Higa, Chairman and Members of the County Council Page 6 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 archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, there are existing azchaeological studies conducted of the immediate area. • The valued cultural historical and natural resources found in the rezoning azea: The applicant has requested a letter of no effect from the DLNR-HPD. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to yrotect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights 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 Agricultural (A-20a) to the Agricultural (A-Sa) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona District, of the County Zoning Code is transmitted. Stacy Higa, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. Kimo a, Chairman Planning Commission Lgcslingrez05-024pc2 Enclosures cc: Mr. Gregory R. Mooers Mrs. Scott Gesling Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kong Rodney Hazaga, Director/DOT-Highways, Honolulu BGeslingREZ.doc-12/19/05 COUNTY OE I~AWAI`I PLANNING DEPAI~TIO~IENT I3ACI~GItOUND ItEPOIgT SCOTT GESLING CHANGE OF ZONE APPLICATION (ItEZ OS-024) SCOTT GESLING has submitted an application for a Change of Zone from Agricultural 20 acres (A-20a) to Agricultural 5 acres (A-Sa) for approximately 23.211 acres of land. The property is located along the southeast side of Hao Street, approximately 700 feet from the Hao Street - Kaloko Drive intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-25: 9. PISOPOSED ACTION 1. I~egaaest: Change of Zone from Agricultural (A-20a) to Agricultural (A-Sa) to subdivide the property into four lots approximately f ve acres in size. The property has been CPR'd into four units and sold to four different landowners. Two of the proposed lots, Lot A and Lot D, are improved with single-family dwellings. The lots are intended to be residentiaUagricultural lots for the four current landowners. The applicant intends to construct a dwelling on two of the proposed lots. The estimated cost of each dwelling is approximately $300,000.00. (Ezhibit A -Change of Zone application) 2. Lamdo®vners: Daniel and Sara Medeiros, Scott and Gina Gelling, William and Kathryn Foster, Paul Akazawa, and Tracey Jensen. All landowners have consented to the request. STATE AND COUNTY PLANS 3. State La®d Use Designati®n: Agricultural. 4. GP LUPAG 1VIap: Important Agricultural Land (IAL) -those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 5. Coa~nty Zoning: Agricultural (A-20a). 6. Dana Regional Plan: Agricultural. 7. Coastal Zane 19~anage~ent,11I1tS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately seven (7) miles mauka of the shoreline at approximately the 2,700-foot elevation level. 8. Special 1Vlanage~ent Area (S1VIA): The Special Management Area is a part of the ATTACH: Corr[n. 692 Bill Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. According to the applicant, there aze no identified recreational resources, historic resources, public access to the shoreline or mountain azeas, scenic and open space preserves, coastal ecosystems, mazine resources or other natural and environmental resources in the azea. 9. NotiTication: On December 2, 2005, a sign was posed on the property in accordance with Chapter 25, Article 2, Division 1, Section 25-2-12, Hawaii County Code 1983 (2005 Edition). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is an approximately 23.211-acre parcel located in the Kaloko Mauka Subdivision. The property has been CPR'd into four units, identified on the site plan as proposed lots 6A-D. The site plan shows asingle-family dwelling on both proposed lots 6-A and 6-D, and a storage shed on proposed lot 6-B. The property is heavily forested with slopes of 6 to 20%. 11. Surrounding Zoning/Land Uses: Lands to the northeast or mauka of the property is zoned A-20a. Properties to the northwest and southeast aze zoned A-Sa and lands to the southwest or makai of the site are zoned A-3a and FA-3a, and are in low-density residential uses surrounded by forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north from 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. 12. ALISH: Other Important Agricultural Lands (land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use). 13. Land Study Bureau's Detailed Land Classi£cation System: "E" or "Very Poor". 14. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. 15. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 16. Flora/Fauna Resources: According to the applicant, the site is presently heavily -2- forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. 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 rezoning will assure the continuation of habitat for existing wildlife. 17. ArchaeologicaUHistorical Resources: According to the applicant, the property is located at the 2,700-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 Pazk Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated October 23, 2005, the applicant has requested a letter of no effect from the State Historic Preservation Division. l8. Cultural Resources: According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 19. Public Access: There is no record of a designated public access that traverses the property. 20. Traffic: According to the applicant, traffic generated from the proposed subdivision is expected to be minimal. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the subject property is proposed from Kaloko Drive and Hao Street, both 22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of- ways. Kaloko Drive intersects with the Mamalahoa Highway less than three miles below the property. 22. Water: According to the applicant, water can be made available from an existing 8-inch waterline on Kaloko Drive. The applicant also states 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 -3- seven reservoirs which extend to approximately the 5,000-foot elevation. The reservoirs have a capacity of 500,000 gallons. 23. Wastewater: The applicant proposes to use individual wastewater systems meeting the standards and requirements of the State Department of Health. 24. Essential Utilities and Services: Utilities are available to the site from poles along Kaloko Drive. The 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 are located approximately four miles north of the property. AGENCIES' COMMENTS 25. Department of Public Works: Exhibit B -December 9, 2005 memo 26. Police Department: Exhibit C -December 6, 2005 memo 27. Fire Department: Exhibit D -December 12, 205 memo 28. Department of Health: Exhibit E -December 12, 2005 memo 29. Department of Transportation: Exhibit F -December 1, 2005 letter 30. Kona Traffic Safety Committee: Exhibit G -December 14, 2005 letter AGENCIES - NO RESPONSES 31. Department of Water Supply, DLNR Land Division, DLNR Historic Preservation Division, Natural Resources Conservation Service, U.S. Fish and Wildlife service PUBLIC COMMENTS 32. None as of this writing. -4- Post Office Bos I lOl MooERS Kamuela, Hxwnii 96743 ENTERPRISES LLC Ph<~„e ~808~ 8ho-i4ss ~ Fas (808j 880-1456 1.GilZG~ USC f~1tC771Git1VCS ~mooers(<4htiwaii.rr.com ~~`Y ~ ~ r~ ~F na D ~u ~t'r;-. NOV 0 8 2005 APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a) to Agricultural 5-acres (A-Sa) APPLICANT: Scott K. Gesling TAX MAP KEY: (3) 7-3-025:009 Kaloko Mauka Subdivision Kaloko, North Kona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC November 7, 2005 EXHIBIT CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANI~IING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Scott Geslin APPLICANT'S SIGNATURE: DATE: ~ - ~-Q~j ADDRESS: 73-1786-2 Hao Street Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 9s9-7401 (Res.) (Fax) ~ 'RR~ y LANDOWNER(S): Dan & Sara Medeiros Tr Scott & Gina Gesling K(}athryn & Bill Foster, Pau] Akazawa & Tracy Jansen LANDOWNER SIGNATURES};~,.,,,,,;/ ~f ~ i~i~-r~ ~~•~~r'rTE: i n •att. cis ( ay be by letter) LANDOWNER(S)ADDRESS:73•i~)~1~ IdA~<~ k k 1 ~y7yo REQUEST: Agricultura120-acres (A-20a) TO Agricultural 5-acres (A-Sa) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-025:009 STREET ADDRESS OF PROPERTY: 73-1786 Hao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.211 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.1880-1454 (Fax)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory ft. Mooers COPIES: Scott Gesling (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Scott Geslin APPLICANT'S SIGNATURE: ~ DATE: Os ADDRESS: 73-1786-2 Hao Street Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 989-7401 (Res.) (Fax ``yy LANDOWNER(S): Dan & Sara Medev Tr, Scott & Gina Geslin , Kat n & Bill Foster, Paul Akazawa & Tr~ac~Afisen LANDOWNER SIGNATURE(S): G~ DATE: (M a by etter) LANDOWNER(S) ADDRESS: REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 5-acres (A-Sa) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-025:009 STREET ADDRESS OF PROPERTY: 73-1786 Hao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.211 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.)s8o-1455 (Res.)ggo-145a (p~)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Scott Gesling (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Scott Geslin APPLICANT'S SIGNATURE: DATE: ADDRESS: 73-1786-2 Hao Street Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)989-7401 (Res.) (Fax) ~~~y-G LANDOWNER(S): Dan & Sara Medetros Tr, Scott & Gina Geslin Kathryn & Bill Foster, Pau! Akazawa & Tracy J€nsen LANDOWNER SIGNATURE(S): ;r~ ~k DATE: 1 O' M be by letter) LANDOWNER(S) ADDRESS: - f ~ y 1 REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 5-acres (A-Sa) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-025:009 STREET ADDRESS OF PROPERTY: 73-1786 Hao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.211 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.188o-1454 (F~) 880-1456 Please indicate to whom original con•espondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Scott Gesling (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Scott Geslin ',,,L APPLICANT'S SIGNATURE: w~ DATE: ADDRESS: 73-1786-2 Hao Street Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 9s9-7401 (Res.) (Faxl LANDOWNER(S): Dan & Saza Medeiros Tr, Scott & Gina Geslin , Ka & Bill Foster, Paul Akazawa &'IrQ~aoy~sen LANDOWNER SIGNATURE(S): ) ~'~~DATE: / - ~ US ( ay be by letter) LANDOWNER(S) ADDRESS: REQUEST: Agricultural 20-acres (A-20a) 7~0 Agricultural 5-acres (A-Sa) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-025:009 STREET ADDRESS OF PROPERTY: 73-1786 Hao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.211 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) sso-lass (Res.)88o-1454 (F~)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: Scott Gesling (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? 23.211 b Into what lot sizes? S+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? limos. d. Do you intend to build houses on the newly created lots? Yes If Les, please answer the following questions: On how many of those lots? 2 At what approximate price range? House 300,000 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? b• 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 I 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 provides three additional lots fr the Kaloko area. 9. Are there any buildings on the subject area? Yes If so, what kind? Two single family dwellings, one each on proposed lots 6-A and 6-D, and a storage shed on lot 6-B. What do you intend to do with those buildings if your request is approved? These single-family dwellings and a storage shed will remain. 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Protea, fruit trees, cocoa, artichokes and Macadamia Nut trees on about 1/4 acre of lot 6-A. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? 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- d• Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. gores[ 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 X ~ Sewer X d. Drainage -3- Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X X h. Public Otilities X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The intersection at Mamlahoa Highway needs to be improved. The applicant will pay a fair share assessment. Signature: ~°I Address : 73-1786-2 Hao Street, Kailua-Kona, Hawaii 96740 Telephone: (808)989-7401 Date: -4- Gesling Change of Zone Application TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE 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 Goals/Policies 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 7 8. Chapter 205A: Coastal Zone Management Act 7 9. Mountain Access 7 10. County Council Resolution No. 330 96 ......................................7 C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting 8 Historic Resources 10 Natural Resources (Flora-Fauna) 10 Cultural Resources I 1 Social-Economic Characteristics 11 Surrounding Lands 12 i Gelling Change of Zone Application D. PUBLIC FACILITIES AND SERVICES Access 13 Water Service 13 Wastewater Disposal 13 Solid Waste 13 Police and Fire Services 14 Schools 14 Parks 14 Other Utilities 14 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity 14 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact 14 3. Alternatives to the proposed development 15 4. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented 15 F. PROPOSED FINDINGS 16 G. EXHIBITS A. Resolution No. 330 96 B. Location/Vicinity Maps C. Change of Zone Exhibit D. "No Effect" Request from the State Historic Preservation Division ii Gesling Change of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a) to Agricultural 5-acres (A-Sa) APPLICANT: Scott K. Gesling TAX MAP KEY: (3) 7-3-025:009 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 23.211 acre parcel located on Hao Street west of its intersection with Kaloko Drive at approximately the 2600 feet elevation. It is identified as Lot 6, Block 4, Increment 1 (File Plan 994), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Please see the vicinity maps in the Exhibits. 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 four lots approximately 5+ acres in size. This property was previously CPR's into four units and sold to four different owners. Two of the proposed lots, Lot A and Lot D, have single-family dwellings currently. These lots are intended to be residential/agricultural lots for the four current owners. c. Number of acres: 23.211 acres are covered by this request. 1 Gesling Change of Zone Application d. Proposed units/lats/floor area ojproposed building envelope: The applicant proposes to subdivide the existing four-unit CPR lot into four 5+ acre parcels. It is proposed that the lots will have similar conditions as those placed on other rezoned lots in 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 all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described, no less than eighty percent (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 will be reviewed and approved by the Planning Director and recorded with the Bureau of Conveyances prior 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 $300,000 each, for the two lots without homes currently, although they are not intended to be marketed. f Parking nrrangement: 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 Gesling Change of Zone Application g. Traffic Impacts: The applicants believe that the traffic generated by the proposed 4-lot subdivision will be minimal. The subdivision of this property into four lots will add three additional lots to the subdivision, although there are currently four CPR units. h. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicants understand 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 applicants stipulate 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 amendment to the zoning ordinance complies with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with 3 Gesling 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 ofHawaii 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 amendment provides economic opportunity for the owners and construction industry members while providing forest preservation, a balance of economic benefits while protecting and enhancing the forest resources. The proposed amendment to the zoning ordinance complies 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. 4 Gesling Change of Zone Application GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilizatdon 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 of public services and utilities, access, and public need. (I) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. 5 Gesling Change of Zone Application 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. 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. The proposed amendment is a land use consistent with neighboring properties, all established land use plans and County Council Resolution No. 330 96. The proposed use and conditions of approval will help preserve the forest resources of the subject property and area. 4. General Plnn Designation: Important Agricultural land -Extensive Agriculture. 5. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to change the zoning to Agricultural-5 acre (A-Sa). This request is consistent with Hawaii County Council Resolution No. 330 96. (See Exhibit A). 6. ConTmunity Development Plan: This area is not covered by the Kona Regional Plan. 6 Gesling Change of Zone Application 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 7 miles from the shoreline at the 2,600-foot elevation surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 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. ] 0. County Council Resolution 330 96: On June 19~h, 1996 the County Council adopted Resolution No. 330 96, regarding the Council's policy relating to the Zoning Districts within the Kaloko Mauka subdivision. The Council established patterns for rezoning ordinances for the lower third of the subdivision up to 2,600 foot elevation to be Agricultural 3-acre, Agricultural 5-acre from 2,600 feet to 2,900 feet; and above the 2,900 foot elevation, Agricultural 10-acre zoning. The subject property is located at approximately the 2,600-foot elevation and the proposed Agricultural 5-acre zoning would be consistent with the Council's Resolution. 7 Gesling Change of Zone Application C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA P/¢ysical Characteristics/Environmental Setting: 11. Description of subject property: The subject property is a 23.211 acre parcel located west of the intersection of Hao Street and Kaloko Drive at approximately the 2600 feet elevation. It is identified as Lot 6, Block 4, Increment 1 (File Plan 994), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Please see the vicinity maps in the Exhibits. 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. 12. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 4. About 5% of this area has been covered by lava since 1800 and less than 15% has been covered by lava in the last 750 yeazs. "Zone 4 includes all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas." 13. Distance from coastline: The subject property is approximately 7 miles east of the coastline at Puhili Point. ]4. 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. 8 Gesling Change of Zone Application 15. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kiloa Extremely Stony Muck (rKXD). This soil consists ofwell-drained, thin, extremely stony organic soils over fragmental A'a lava and is used primazily for woodland and pasture. 16. The Land Study Burenu soil rating: Soils within the subject property are classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dark brown; parent material- A'aand volcanic ash; stoniness-sharp lava clinkers; drainage-very well drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine tilling. 17. Flood ]nsurnnce 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 flooding. There are no drainage improvements on the site. 19. Air/noise/water quality: The air quality is excellent as there are no industrial uses in the area and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area as such there is little noise pollution. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. 9 Gesling Change of Zone Application Historic Resources: 20. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area at the 2600 foot elevation within 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 Pazk 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 State Historic Preservation Division issued a "no-effect" letter for the adjacent lot (7-3-025:008) when it was rezoned to A-Sa. Natural Resources: 21. Existing floral/faunal resources: The site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife seen at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native. The proposed development has the potential to alter the mixture of plant life, however the low density of development and previously applied zoning conditions will assure continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the Alala, an endangered bird whose population has reached an extremely critical state. The central Kona area along the north and west slopes of Hualalai is 10 Gesling Change of Zone Application 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 well below this habitat elevation identified as essential. 22. Cultural Resources: According to the present and previous owners, no valued cultural, historical or natural resources 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 7 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. Social-Economic Characteristics: 24. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 11 Gesling Change of Zone Application 25. Economic resources of the area: Aside from a few nurseries and small scale agricultural endeavors within the subdivision, the surrounding areas are used for pasture lands by various ranches and much of the land in the area is left undisturbed for forestry. 16. 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 azeas within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are native forest. The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands aze currently being grazed by Hualalai Ranch. The Palani Ranch lands of Honokohau abut Kaloko Mauka on the entire southern boundary. These lands have been historically grazed, however a 80 acre parcel is presently being used for forest products. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko Mauka. 28. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-Sa and A-20a to the north, A-3a to the west, A-3a to the south and A-Sato the east. 12 Gesling Change of Zone Application D. PUBLIC FACILITIES AND SERVICES 29. Description of access: The access to the subject property is from Kaloko Drive and Hao Street, 22 foot wide paved roadways with 8 foot grass shoulders within 80 foot right-of--ways. Kaloko Drive intersects with Mamalahoa Highway approximately 2.5 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 use as the annual rainfall is adequate for these purposes. 3l. 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. The systems for the two existing homes have been approved already. 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. All construction waste will be taken to the County's landfill at Puuanahulu. 13 Gesling Change of Zone Application 33. Police and fire protection: This azea is served by police and fire stations located approximately 5 miles to the southwest of the site in Kailua and Kealakehe. All roadways are paved, with adequate width and are accessible for emergency service vehicles. 34. Sc/tools: The project site is located about four miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 35. Parks: There is a County Parks and Recreation gym and pazk facility at the Old Airport Park in Kailua approximately 6 miles from the subject parcel. 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 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 mensures proposed to avoid, minimize, rectify or reduce impnct: 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 14 Gesling Change of Zone Application 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 parcels. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. £ A forest preservation plan shall be prepared for each of the subdivided lots. g. A "fair share" 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 parcel as four CPR units, which the County and State have repeatedly opposed. This would not allow the development of agricultural lots for residential uses, forestry and agriculture. It would also not increase the real property tax base as the proposed action would. It would not provide protection to the native forest afforded by the conditions cited above. 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of four rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources, as homes have been previously constructed on two of the lots. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There are presently no such restrictions on the development of the property. 15 Gesling Change of Zone Application 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. 16 ' Gesling Change of Zone Application LIST OF EXHIBITS ' A. Resolution No. 330 96 B. Location/Vicinity Maps ' C. Change of Zone Exhibit ' D. "No Effect" Request from the State Historic Preservation Division 1 i 1 I 1 ' Gesling Change of Zone Application 1 1 EXHIBIT A Resolution No. 330 96 i 1 1 1 1 1 1 COUN t Y JF HAWAII STATE Jr- HAWAII • RESOLUTION N0. 3_. ~ 96 ~G r . ~o ~ ~.A i ESTAl1LISFi1htG APOLICY ItLLATING TO T11C AMEIVDM)riVT OF ZONE 6 ulS7'ItlCT UOUIYUARtES ~YIT!!(N KALOKO MAUlG1 AND OTHER KOIYA wn'1'E?tStlED ANU MAU[(A FOIiI:ST ARCAS, y WHERL•AS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000•acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of Kaloko and extending up to Uic 5,700-Coot elevation level within the stale Agricultural land use district and the county Agricultural • 20 acre (A-20a) zoned dutriel; and WHEREAS, although a significant amount of the native forest cover has been removed tluuugltout tlu orisinal subdivision for pasturage, recreation and residential use since its initial dcvcloprttent, a substantial amount of forest cover remaitu on lands above the 3,500-foot clcvatiotr above sea level, which lands comprise Ute upper halEof the subdivision; and WF[EREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Moutlt Hualalai above an elevation ofapproximately 2,500 feet above sea level, all ta~tds are in the state Agricultural land use district (L.U,D.) and the county A-20a zoned district (or the equivalent, by way olowner-initiated clustedopen space zoned district combinations) and arc in pasture and Corest use, with the exception of several Corest reserve areas wlticlt are in the state Conservation L.U.D.; and WHC• (LEAS, from time to time since the initial subdivision was completed, various lot o~viurs leave applied Cor changes of zoning to a smaller minimum lot size to allow their lots to be funlrcr subdivided, and to date mast such change of zone applications have been approved by the council and enacted by ordinance; and WHEREAS, such rezoning ordinances have established a pattern of (1) Agricultural • 3 acre (A-Ja) minimum lot size densities in the bottom orte-third of the Subdivision, up W the 2,G00-foot elevation and (2) Agricultural - S acre (A•Saj minimum lot size densities in a narrow band immediately above the A•3a zoned district, extending to the 2,900 foot elevation; and WHEREAS, like the surrounding lands, Ure entire upper half of the Subdivision remaitu in the A-20a zoned di 'trier, although a majority of lots in the upper half of the Subdivision cclrortedly have one o more single Gamily dwellings thereon and approximately fitly percent are reposedly improvcJ itlc two of more dwellings; and ~y(ti18e~ r,Gg.O~ 3 I . W!•lliRL•nS, several property owners have cited these heightened levels of efTcctive Jcttsity attJ ittiliated requests for rezottings of lands in the upper half of the Subdivision from dte A-20a zoned district to art Agricultural - (0 acre (A-I Oa) zoned district, which requests, if • approved by Ute council, would indicate a zoning policy supportive of ten acre minimum lot sues tltrougltout the upper half of the Subdivision; and 1VIi[[tEAS, the council believes that most loss improved with two dwellings Rave done so by creasing "visual subdivisions" often acre property interests under provisions of the state Cundwniniunt Properly Rcgimc (C.P.R.) law, which regime creates multiple saleable and ttturtgugcablc interests on a single lot vviUtout regard to tkte county zoned district such lot may be in; and WHEREAS, while the council is concerned that the Iimiled right to build additional dwellings on agricultural lots may Itavc been distorted into over use in Utis and other nual sulxlivisiorts tltrouglt tltc application of the C.P.R, law, it Ends that such misuse should not be muse to corttprotttise the value attJ force of county zoning powers, and itutead may be reason for the state legislature to amend the C.P.R. law to prevent misuse on lands instate Agricultural land use District; mtd WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, far above the elevation wltcre the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the Cuunty oCllawaii; promote its use as Pre-cuaor of up•toning pressures throughout the ' island's watersheds and signify that ten acre lot densities may be acceptable widtin Ute watcrslreJ elevations without any commensurate lowering of densities in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattern long establislteJ for Ute ntauka, tivaterslteJ lands of the island of Hawaii, and the Kona region in panicutat, for a variety of environmental and service management reasons. THEREFORE, DL• 1T RL• SOLVED BY THE COUNCIL OF THE COUNTY OF I lAWA1[, that tto lands above the 3,000-foot elevation within Ute Kaloko Mauka Subdivision or the 2,300-foot elevation above sea Icvel elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except wlterc contiguous lands field under Ilse same or a cooperative ownership are eoncturently placed itt a Ivvver density zoned district with a net effect of maintaining or reducing overall density tcvels and enhancing the integrity and value of the region's watershed and forest systems. ~ uti ~ l3 E [T FURTHER RESOLVL•D that the Clerk of the County of Hawaii transmit copies of this resolution to die t•lanorable Stcphcn K. Yamashiro, Mayor oCthe County of Hawaii; Virginia Guhlstaiu, Planning Director; and Kevin Dalug, Chaimtan of dte Hawaii County Planning Cwumissiun. pared: Hilo, Hawaii, this 19tJt Jay of June 1996. INTRODUCED BY: ' COUNCIL MEMBER, COUNTY Of HAWAII ROLL CALL VOTE COUNTY COUNCIL County of Hawaii AYES NOES A!S EX 4iilo, Hawaii Aralukf X Bonk•Abiam~on I hereby c<rtJy tlut the foregoing StFSOLUTION Ass by the l'td' X vote indicated to the right hereof adopted by the COUNCIL of D` t"'" X Derain o X tht County o! Hawaii on June 19, 1996 Osorto X Rath X \T7ESC: Ra X / ` Smith X 6 ' Z I 0 Reference C-119 /PC-124 rn, e..... ~ - ' Gesling Change of Zone Application 1 ' EXHIBIT B Location/Vicinity Maps _ J. _i~cn~' _ _ p ``vV `c ~ U Y J y ® ~~Q ~ / p .0004 = 1/ `C1~ (1f~0/J 2ni1 I J I r E a ~~a ~e a ~ 1 a. y -aw i J f r ~ oao v ~ U ,4 •f,~ z~ ~ o ' ,r /O1 orm,.H ~ - y~~o~y an~1 'I \ 6 `V i'~O'Ib r N ~ °y ^ N y ~ ^ q ? O 11® a F~ r F o f'~ I i ~ / & +p 'fl t 'i r..°y e.. e.... o 1,rC11 ~ o ~ O O I~ ° v O i `r ~ o r'f o O i ~ '.e a~ O a V b ' ,y a°e ~~xG O >a ~ ° q r I, ~ G o, a E , i `y d 6~w • •1 . f iN i ~ O O O 1 J 4 0 ~ ? u~ ` 6 4 .q Ilf I f ,q, rpm . N ~I ,lN b p~~ ~ r V Ili O Q O ~ i O V S ` °f + ~ \`LO li O N .o~C h e ` r m -t1 f-y N ~ c0 •a c :C U Ip~.enn ° ~ ° _ wvn rw1 ~i ® • in ° . d m N ~ : N a. ~ ; ~ ~ s. , M _ i~~~ 04F1 ~~~~fi w r e o y. o~. O~ m ~ a Y I ~ ~ : m N l .n t ~ kf ~ 7 • w ° N n _ ~ ~ ~o ~ :~aayS '000-£-L£ - 86-L661 'IH '!!eMeH - - /5~ ~ _3 a o _ ° w 0 o o ~ ' ~ v, r„i ~ ~z~ ~ G~ ~ j(' 0~0 r`~ ~ HALEAMAU STREET 6 0~'~ G~ o er/~'r ~ 6./ ~6~~ \ f `VICINITY MAP SCALE: 1 INCH = 1,000 FEET Gesling Change of Zone Application 1 EXHIBIT C ' Change of Zone Exhibit r i i i i i a ~ ~ g~ ~ ~ ~ , a •1 •1 I ~ '1 8 ap I 1 nl S Y ~ 11 1 ~ ~ 1`1 1`1 1`, g IT N ; 11 I I 1 d8a ~ i fi 11 111 € i i F 11 1 fi 111 Y i X 111 111 4 i i b 1 ~ 11 R 1 1 1 I I 11 1 ~ '&s~ ~ ~ 111 11 i i 111 111 111 O~ p i 11 11 i i 11 11 w $ ~ ` 1 p, ~ C I 1 1 1 1 1 ~ o K I 1 11 I I 1 1 I 1 1 I I 11 11 11 y SSS I 11 1 I I 1 p' e I 1 I ~ Ogg ~ i___________________ 1__________• a is x i i i i i ~ _ ; 1 $ I I ~b$ ~fi o I a 3fi ~ ~P~~ pp> ` ~"k ~ ~ ~~I = ~~I ~!I ~ SCI i i ~ : x ~ ~,,I i i ~{i i I ~ R ~ ~ i i i L 1 I I 3 1 I I I I 9 I__________ i i rsrra - ~aam 1 1 I t' ?h I I I I 1 i~ 1 1 I 1 I I A ~ ~ I jl I e E ~ ' I 1 I ~ ~ i ~ e 4 4 ` o ~ is p } A ~ o ~ i ~fi i~~ r~ I (D i i ~R. I ~a ~ ~q 1 I i I I m n ~ i I 1 I I I I ~ n ~ ~ i bb I 1 M n T _____________1 I i ll : I I i. r AN' t p 1 l4 ` le .o° ti Q 1 I 1 I a ~ 11 1 s I a N r I n O ~l I ' I n O -a ~ o° n rn o ~ ~ e = Q ~ ~ ~ ° vmi R ~ fi i _________________i $ ~ r O ~ ~ 6 i i o i s 1 I 2 ~ I r~ Q boo O / ! ~ I IV ; r I~ _ ; la O z n ~ ~ $ O .p nO ~ i z a N # Tc , `1 ~ 1 °.s ~ ~ocnOZ x J i cn = I 1 P ' ' o ' ~ ~ ~a ~ ~ ~ Z ~ I I as ~ 1 v 0 0 ~ nr,a• - „ate A O r ~ ~ O O (p a I N 0 0 Q 3 fi~ ~y . Q n N tl m ~ ,a~ fiyyy N ~~*~i3 R N ,s ~~~~~n ~ 'n m 'r~ N ~f`~ g' b ~b n~O ~ I m c ~ ` . ~ ' a 1*~s Y m a.. ~ '.~N _ ~ mo N~ 3eN '3 O C+ S N N a10 4M( R W N _ O g a \I / \ ~ =~R b ' Gesling Change of Zone Application t EXHIBIT D "No Effect" Request from the State Historic t Preservation Division Post Office lion 1101 MooERS Kamuela, Hawaii 96743 ENTERPRISES, LLC Phone (808) 880-1455 Fax (808) 880-1456 Land Use Alternatives I,~nooersC'hawaii,rr:com October 23, 2005 Mary Anne Maigret State Historic Preservation Division 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Reports TMK: (3) 7-3-25:009 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 Planning Department to either get a "no effect" letter from your Division or do an inventory survey for the subject property. There has been numerous changes 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 2600 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. Since ly, . Grego ooers President GRM:JY Copy: Christopher Yuen, Planning Director ?ec 12 ?S 08:09a Public Works 808-32'7-3533 P,g DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE:December9,2005 Memorandum dEC i 2 TO Christopher J. Yuen, Planning Director i~~C'~~V~iJ Planning Department ~~'~tt C FROM Galen M. Kuba, Division Chief ~ Engineering Division SUBJECT Change of Zone Application (REZ OS-000024 ) Applicant: Scott Gesling Location: Kaloko Mauka , N. Kona, HI TMK: 3 / 7-3-025:009 We reviewed the subject application and our comments are as follows: 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 3. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 4. Hao Street fronting the subject property, is a County road. It has an approximate 22-ft. wide pavement with grass shoulders all within an approximate 60-ft. right-of- way. 5. Any access to a County Street shall provide AASHTO recommended sight distances, and comply with Chapter 22 of Hawaii County Code and the approval of DPW. Driveways shall conform to applicable County standards details R-37 and R-38. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. An account for improvement of the Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA EXHIBIT : ll = ~ J~4 ~~r os Harry Kim !1.t~';~,~'' .s Lawrence K. Mahuna Mayor ~ Palice Chiej r '"~'o:'N~~'~ Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT SEC 1 ~2 2005 349 Kapi jani Stree[ Hilo, Ha jaii 96720-3998 ~~/'~[~I"^~ December 6, 2005 (808 935-3311 Fax (808 961-2389 CdUPiwY OF Yt ri~nHir~ wui Derr, TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR t .~-7.._. ~ FROM ,RONALD T. NAKAMICHI, ASSISTANT POLICE CHIEF, - AREA II OPERATIONS SUBJECT :Change of Zone Application (REZ-05-000024) Applicant: Scott Gesling Request A-20a to A-5a TMK 7-3-25:9 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 morning and afternoon hours heading into Kailua-Kona. Any further subdividing in this area without additional north to south connector roads will only add to existing congestion. Should you have any questions, please contact Captain Paul Kealoha, Area II, Kona Patrol, at 326-4646, extension 249. EXHIBIT - .~.e{ ~ tiY L, r./ "Hawai'i County is an Equal Opportunity Provider and Employer" „tV GI y„4 Harry Kim Darryl J. Oliveira Mayor Fire Chief •y Desmond K. Wery • oi~M:' Depury Fire Chief c~uutttp of ~aYvai`i FIRE DEPARTMENT 25 Aupuoi Street • Suite 103 • Hilo, Hawaii 96720 (808)961-8297 Fax (808)961-8296 December 12, 2005 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIlZA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-000024) APPLICANT: SCOTT GPSLII~IG REQUEST: A-20a to A-Sa TAX MAP KEY: 7-3-25:9 In regazds to the above-mentioned Change ofZone application, the following shall be in accordance: Fire apparatus 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 first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). ~ ` ~ U > G EXHIBIT ~P" Hamai'i County is an Equa! Oppartunih~ 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. "Forhigh-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 cleazance 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) Permissrble Modifications. Vertical cleazances or widths required by this section maybe increased when, in the opinion of the chief, vertical cleazances or widths aze not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The fuming radius of a fire appazatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning 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 appazatus. "(j) Grade. The gradient for a Ere apparatus 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 fire apparatus access road shall not be obstructed in any manner, including pazking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire appazatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with LJFC 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 portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department appazatus by roadways meeting the requirements of Section 10.207. DLIVI:IRA ire Chief JCPapc g O [ H 1P! ~eee `k' / t.W~ q tl/ -u;~~°~~~ LINDA TINGLE l CNIYOME LEINAALA FUKINO, M.D. GOVERNOR $ DIRECTOR OF HEALTH a.m~~°~d STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96727-0916 MEMORANDUM DATE: December 12, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ OS-000024) Applicant: Scott Gesling Request: A-20a to A-Sa Tax Map Key: 7-3-25:9 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on November 23, 2005. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National . Pollutant Discharge Elimination System (NPDES). EXHIBIT ~A Y _ - Christopher J. Yuen Page 2 December 12, 2005 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at http://www.hawai i.QOV/health/environmental/water/cleanwater/forms/indiv- index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: htto://www.hawaii. Qov/health/environmental/water/cleanwater/fornis/gen]- index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and ~122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] Christopher J. Yuen Page 3 December 12, 2005 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. (HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. W ORD: REZOS-000024.my LINDA LINGLE ~ e, ? !,!rq RODNEY K. HARAGA GOVERNOR ,AJ'j : ~s s u ; ; ~ DIRECTOR ! Deputy Directors 6vi ~ BRUCE V. MATSUI ~ BARRY FUKUNAGA ~PV`m."°-~"~' BRENNON T. MORIOKA - •em ~ BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO' DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1976 HONOLULU, HAWAII 96813-5097 December 1, 2005 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Scott Gesling Change of Zone Application (REZ OS-000024) TMK: 7-3-25: 009 Thank you for requesting our review of the subject application. The applicant proposes to subdivide the existing 23.211 acre lot into four 5+ acre lots. These lots are intended to be used as residential/agricultural 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 area 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. Please contact our Statewide Transportation Planning Office ifyou have any questions. F ,.,~,,.,rr es v c.' , ~ a EXHIBIT r- Mr. Christopher J. Yuen STP 8.1976 Page 2 December 1, 2005 We appreciate the opportunity to provide our comments. Very truly yours, t G~, - ~ RO~NJc ~ K. ~ A Director of Transportation ,~OlIA ~jRAFFiC ~AFETY ~0i?A4AtTTEE 75-344 Nani Kailua Dr., Kailua-Kona, H196740 (808) 331-0441 December 14, 2005 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 05-000024) Scott Gesling Dear Mr. Yuen: Mahalo for requesting the Kona Traffic Safety Committee's comments on the subject application for change of zone from A-20a to A-5a for approximately 23 acres at 73-1786 Hao Street in Kaloko Mauka. We have reviewed the application and believe that the applicant correctly observes that the intersection of Kaloko Drive and Mamalahoa Hwy (Rte 190) needs to be improved. Accordingly, the applicant states that he will pay a fair share assessment. As stated in our December 1, 2005, comments regarding the Totah application (REZ 05- 021), we agree that improvements are needed because the intersection is unsafe, with limited sight lines, and we applaud the applicant's intention to pay a fair share assessment. We again 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 for 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 RGeslingREZ.doc -12/19/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SCOTT GESLING CHANGE OF ZONE APPLICATION (REZ OS-024) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural (A-20a) to Agricultural (A-Sa) for approximately 23.211 acres of land request 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 (A-ZOa} to Agricultural (A-Sa) for approximately 23.211 acres of land to subdivide the property into four lots approximately five acres in size. The property has been CPR'd into four units and sold to four different landowners. Two of the proposed lots, Lot A and Lot D, are improved with single-family dwellings. The lots aze intended to be residential/agricultural lots for the four current landowners. The applicant intends to construct a dwelling on two of the proposed lots. The estimated cost of each dwelling is approximately $300,000.00. In order to consider an azea for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz areas in the County. The Change of Zone request from Agricultural (A-20a) to the Agricultural (A-Sa) zoned 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 azea is designated Important Agricultural Land (IAL), those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Soils within the property aze identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The ALISH System classifies soils within the subject property as Other Important Agricultural Lands, which include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is located along the southeast side of Hao Street, approximately 700 feet from the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,700-foot elevation. Lands to the northeast or mauka of the property is zoned A-20a. Properties to the northwest and southeast aze zoned A-Sa and lands to the southwest or makai of the site are zoned A-3a and FA-3a, and aze in low- density residential uses surrounded by forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands aze currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The proposed access to the property is from Kaloko Drive and Hao Street, both 22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of--ways. -2-