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HomeMy WebLinkAboutCOM 0763.000 2004-2006 iv or r,~. ~ Harry Kim Dixie Kaetsu Mayor Managing Director •'rP - ~ ~ Barbaa~Kossow W Mr'~• Depury Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 967204252 (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawai'i 96740 (808) 329-5226 Fax (808) 3265663 March 13, 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: Change of Zone Application (REZ 05-027) Vpplicant: Dennis D. Smith Request: A-20a to FA-3a Tax Map Key: 7-3-24:8 C(mange of Zone Application (REZ 05-000029) Applicant: Bruce Eby `Request: A-20a to A-l0a Tax Map Key: 5-5-3:10 State Land Use Boundary Amendment Application (SLU 05-000007) Request: Agricultural to Urban Change of Zone Application (REZ 05-000028) Request: A-20a to RS-7.5 Applicant: Hawaii Island Community Development Corporation Tax Map Key: 5-5-8:portion 46 Change of Zone Application (REZ 05-000026) Applicant: SCD Kona 108, LLC Request: A-5a to RA-la and RM-3.5 Tax May Key: 7-5-3:7, 8, 9 As required by Chapter 4, Sec. 64.3(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, Harry Kim Comm. No. 10 C~ Mayor Ref. 7o: Enclosures / Ref. Date } cc: Planning Department \ f j (U 9q-7 Hawaii County is an Equal Opportunity Provider and Employer • ~YY Oi li- County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 March 13, 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 05-027) Applicant: Dennis D. Smith Request: A-20a to FA-3a Tax Map Key: 7-3-24:8 The Planning Commission, after a duly held public hearing on February 24, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 20-acre (A-20a) to a Family Agricultural 3-acre (FA-3a) district for approximately 21.992 acres of land. The property is located along the south side of Kaloko Drive at the northeastern comer of Kaloko Drive and Hao Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 21.992 acres of vacant land to subdivide the properties into seven (7) lots approximately three acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the lots. The dwelling is estimated to cost approximately $400,000. 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 20-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The area is designated Important Agricultural Land. Important Agricultural Lands are those with better potential for sustained high yields because of soil type, climate, topography, and 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 Na lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "D" or "Poor" and "E" or "Very Poor" for agricultural productivity. The ALISH System classifies soils within the property as Other Important Agricultural Lands, which include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. The Federal Emergency Management Agency Flood Insurance Rate. Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is located on the northeast corner of Kaloko Drive and Hao Street in the Kaloko Mauka Subdivision at approximately the 2,200-foot elevation. Lands to the north/northeast are zoned FA-3a and lands to the west, east and southeast are zoned A-3a. Surrounding properties are in low-density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the property is from Kaloko Drive, a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. The Department of Public Works states that direct vehicular access to individual lots shall not be from Kaloko Drive Kaloko Drive intersects with the Mamalahoa Highway less than two miles below the property. The Department of Transportation (DOT) has previously expressed concerns Stacy Higa, Chairman and Members of the County Council Page 3 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. In comments provided for other similar rezonings in the subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements. The DOT has further stated that their understanding is that the intersection improvements will be implemented by the County at no cost to the State. The DOT requests that all plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. 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 Land designation by the ALISH system. The requested FA-3a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. According to the applicant, wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. Stacy Higa, Chairman and Members of the County Council Page 4 As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the property. The property, located at the 2,200-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 67% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. In addressing potential adverse visual impacts the clearing of the property for individual home sites and agricultural uses may have on the existing upland forest character within the area, the applicant has proposed the following: • a 60-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines not covered by the 60- foot easement; • a 60-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 67% of the lot area to be retained in forest; Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended are conditions to restrict the construction of a second dwelling and a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According Stacy Higa, Chairman and Members of the County Council Page 5 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 "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately seven (7) 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. Water is available to the site. 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 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 archaeological studies of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning area: In similar rezoning in the Kaloko Mauka Subdivision, the State Department of Land and Natural Resources Historic Preservation Division has stated that the likelihood of historic sites is extremely low due to elevation and terrain and no historic properties will be affected by this undertaking. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Stacy Higa, Chairman and Members of the County Council Page 6 • Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights 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 20-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 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, C. ' o 4a, Chairman PI g Commission Lsmith02PC Enclosures cc: Mr. Gregory R. Mooers Mr. Dennis Smith Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BDSmidiREZ.dm-1 /13//06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DENNIS D. SMITH CHANGE OF ZONE APPLICATION (REZ 05-027) DENNIS D. SMITH has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 21.992 acres of land. The property is located along the south side of Kaloko Drive at the northeastern corner of Kaloko Drive and Hao Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-24: 8. PROPOSED ACTION 1. Request: Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3- acre (FA-3a) to subdivide the property into seven (7) parcels approximately three acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the lots. The dwelling is estimated to cost approximately $400,000. (Exhibit A - Change of Zone Application) 2. Landowner: Nimble Land Inc. (Dennis Smith, President) STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Important Agricutural Land. 5. County Zoning: A-20a. 6. Kona Regional Plan: Agricultural. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately seven (7) miles mauka of the shoreline at the 2,200-foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. ATTACH: Cann. 763 Bill 247 DESCRIPTION OF PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is a vacant, approximately 21.992 on the northeast corner of Kaloko Drive and Hao Street in the Kaloko M. at approximately the 2,200-foot elevation. 10. Surrounding Zoning/Land Uses: Lands to the north/northeast are zoned FA-3i lands to the west, east and southeast are zoned A-3a. Surrounding properties are in I,- density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north from the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu surround the subdivision to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Kaupulehu Forest Reserve is located mauka (east) of the subdivision. 11. ALISH: Other Important Agricultural Lands (land other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use). 12. Land Study Bureau's Detailed Land Classification System: "D" or "Poor" and "E" or "Very Poor". 13. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well drained, thin, extremely stony organic soils over fragmental Xa lava and is used primarily for woodland and pasture. 14. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 15. Flora/Fauna Resources: According to the applicant, the site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. 16. Archaeological/Historical Resources: According to the applicant, the parcel is located at the 2,200-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified -2- 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 "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division. 17. Cultural Resources: According to the applicant, no valued cultural, historical or natural resources exist on the properties and there are no traditional and customary Native Hawaiian rights being practiced on the site. 18. Public Access: There is no record of a designated public access that traverses the property. 19. Traffic: According to the applicant, traffic generated from the proposed subdivision is expected to be minimal. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the property is proposed from Kaloko Drive, a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway less than two miles below the property. The Department of Public Works states that direct vehicular access to individual lots shall not be from Kaloko Drive. 21. Water: Water is available to the site. 22. Wastewater: The applicant proposes to use individual wastewater systems meeting the standards and requirements of the State Department of Health. 23. Essential Utilities and Services: Utilities are available to the site. 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' AND ORGANIZATIONS' COMMENTS 24. Department of Public Works: Exhibit 2 - January 4, 2006 memo 25. Police Department: Exhibit 3 - December 13, 2005 memo 26. Fire Department: Exhibit 4 - January 5, 2006 memo 27. Kona Traffic Safety Committee: Exhibit 5 - January 4, 2006 letter -3- AGENCIES - NO RESPONSES 28. Department of Water Supply, Department of Land and Natural Resources Land and Historic Preservation Division, Department of Health, Department of Transportation Natural Resources Conservation Service, U.S. Fish and Wildlife Service APPLICANT'S RESPONSE TO AGENCIES 29. None as of this writing PUBLIC COMMENTS 30. None as of this writing -4- ~r Post Office Box 1101 MOOERS Kamuela, Hawaii 96743 i ENTERPRISES LLC Phone (808) 880-1455 , Fax ($08) 880-1456 Land Use Alternatives 8mooers@hawaii.rccom t 1 1 APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Family Agricultural 3-acres (FA-3a) 1 APPLICANT: Dennis D. Smith TAX MAP KEY: (3) 7-3-024:008 ' Kaloko Mauka Subdivision ' Kaloko, North Kona, Island of Hawaii, Hawaii 1 1 1 ' Submitted by: ' Mooers Enterprises, LLC October 28, 2005 EXHIBIT ' Totah age of Zone Application TABLE OF CONTENTS -Page 1 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 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 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 11 Surrounding Lands 11 i Totah ( ge of Zone Application 1 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 1 ii ` Cr,_vo,,NGE OF ZONE APPL-reATION ' COUNTY OF HAWAII PLANNING DEPARTMENT ' (Type or legibly print the requested information) ' APPLICANT: Dennis D. Smith APPLICANT'S SIGNATURE: 7 DATE:/ ' ADDRESS: 677 Ala Moana Blvd. Suite 914 Honolulu, Hawaii 96813 ' LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 545-1333 (Res.) -(Fax) (808) 531-7772 t LANDOWNER(S): Nimble Land, Inc. LANDOWNER SIGNATURE(S): Dennis D. Smith, Presiden ' LATE: ' LANDOWNER(S) ADDRESS: Same as above (May be by letter) ' REQUEST: Agricultural 20-acre (A-20a) TO Family Agricultural 3-acre (FA-3a TAX MAP KEY: (Existing zoning) 7-3- (Proposed Zoning) (3~ ,2y;OA ' STREET ADDRESS OF PROPERTY: Kaloko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.992 acres t AGENT: Gregory R. Mooers ' ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 ' Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.) 880-1454 (Fax)880-1456 1 Please indicate to whom original correspondence and copies should be sent. ' ORIGINAL: Gregory R. Mooers COPIES: Dennis D. Smith 1 (See Instructions on Reverse Side) 1 ' 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 yes, please answer the rest of question 1 and then to question 3. ' a. How many acres of the requested area do you intend to subdivide? 21.992 b. Into what lot sizes? 3+ acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans ' to the Planning Department for preliminary approval? 6 mos. d. Do you intend to build houses on the newly created lots? Yes ' If yes, please answer the following questions: On how many of those lots? 1 ' At what approximate price range? House =(%100,000 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? r• Sell or lease the land to someone who has no plans? d. Keep it? e ' P. D. 2 5/84 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 provides six additional lots in the Kaloko area. 4. Are there any buildings on the subject area? No ' If so, what kind? ' What do you intend to do with those buildings if your request is approved? t ' 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. 1 ' 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? C. 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. 1 ' 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 ' agricultural purpose, please state your other reasons. ' 7• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No ' If so, please describe the problem. Do you think that the roads leading to the subject area needs ' improvements? No If so, what kind? ' Is the road adequate for the proposed traffic volume or load? Yes 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 C. Sewer x ' d. Drainage x -3- 1 Yes No e. Police Protection X ' f. Fire Protection X X 9, Recreational Facilities ' X h. Public Utilities X I, 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 expects to pay a fair share 1 1 ' Signature: &W t, ,li iyGL. Address: 677 Ala Moana Blvd., Suite 914, Honolulu, Hawaii 96813 Telephone: (808) 545-1333 Date: 1 -4- Dennis D. Smith C; ? of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Family Agricultural 3-acres (FA-3a) APPLICANT: Dennis D. Smith ' TAX MAP KEY: (3) 7-3-24:08 Kaloko, North Kona, Island of Hawaii, Hawaii ' A. SUBJECT REQUEST ' 1. Details of Proposed Use/Development. 1 a. Project Description: The subject property is a 21.992 acre parcel ' located on the northeast side of the intersection of Kaloko Drive and Hao Street at approximately the 2,100-foot elevation. It is identified as ' Lot 2, Increment 1 (File Plan 994), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. I 1 to Lota Kamehameha, at Kaloko, North Kona, ' Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to ' USGS Report R-47 is approximately 70 inches. ' b. Statement of objectives and reasons for the request: The owner proposes to subdivide the existing lot into seven lots of approximately ' 3+ acres. These lots are intended to be used as residential/agricultural lots. 1 c. Number of acres: 21.992 acres are covered by this request. d. Proposed units/lots/floor area of proposed building envelope: The ' applicants propose to subdivide the existing lot into seven 3+ acre parcels. It is proposed that the lots will have similar conditions as those placed on other rezoned lots at this elevation in the Kaloko ' Mauka subdivision. The conditions have included a 60-foot wide 1 1 Dennis D. Smith c ge of Zone Application i "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 60-foot easement; and a 60-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 sixty-seven percent (67%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) recited in an instrument executed by the applicants will be submitted to the Planning Director ' for review and approval 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 $400,000 each. f. Parking arrangement: Parking for the lots created will be accommodated on each site as required by the Zoning Code. It is anticipated that there will be one residential unit on each new lot. ' g. Traffic Impacts: The applicants believe that the traffic generated by the proposed lot subdivision will be minimal. The subdivision of this ' property into seven lots will add six additional lots to the subdivision. h. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. 2 1 ' Dennis D. Smith .,ge of Zone Application ' The applicant understands that all recent re-zonings in the Kaloko Mauka area have been conditioned to require the applicants to participate in the improvement of this intersection. The applicant stipulates to this fact and will also participate in the improvements. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural ' 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, ' policies and objectives of the Economic Element of the General Plan. ' ECONOMIC ' GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with ' the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. 3 Dennis D. Smith C ;e of Zone Application i o The County of Hawaii shall strive for an economic climate which provides its residents an opportunityfor 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 t goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination ofpast and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the ' County in the best interest of the island's residents. ' GOALS o Designate and allocate land uses in appropriate proportions and mix and ' in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of 4 Dennis D. Smith ( ;e of Zone Application ' 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. (1) 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. 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. 5 ' Dennis D. Smith C !e of Zone Application o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 1 4. General Plan Designation: Important Agricultural Land-Extensive ' Agriculture ' 5. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to ' change the zoning to Family-Agricultural-3acre (FA-3a). This request is consistent with Hawaii County Council Resolution No. 330 96. (See Exhibits) 6. Community Development Plan: This area is not covered by the Kona Regional Plan. ' 7. Special Management Area: The property is not located within the County of ' Hawaii's Special Management Area. ' 8. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 7 miles from the shoreline at approximately the 2,100- foot elevation surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively t 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 or any ' mountain feature; therefore no public access to these areas will be impacted by the proposed action. 1 6 Dennis D. Smith C e of Zone Application 1 10. 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 2,100-foot elevation and the proposed Family Agricultural 3-acre zoning ' would be consistent with the Council's Resolution. ' C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA ' Physical Characteristics/Environmental Setting. ' 10. Description of subject property: The subject property is a 21.992 acre parcel ' located on the northeast side of the intersection of Kaloko Drive and Hao Street at approximately the 2,100-foot elevation. It is identified as Lot 2, ' Increment 1 (File Plan 994), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of ' Hawaii, State of Hawaii. The property is heavily forested with slopes of 6- 20%.The mean annual rainfall according to USGS Report R-47 is ' approximately 70 inches. The soil is Class "E" (very poor) and too rocky for conventional agricultural uses. . 11. 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% 7 ' Dennis D. Smith C e of Zone Application ae ' has been covered by lava in the last 750 years. "Zone 4 includes all of Hualalai, where the frequency of eruptions is lower than on Kilauea and ' Mauna Loa. Flows typically cover large areas." ' 12. Distance from coastline: The subject property is approximately 7 miles east of the coastline at Puhili Point. ' 13. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Soils within the subject property are classified as "Other ' Important Agricultural Lands" by the ALISH system. Land other than "Prime" or "Unique" that is also of statewide or local importance for ' agricultural use. ' 14. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kiloa Extremely ' Rocky Muck (rKXD), 6 to 20 percent slopes. ' 15. The Land Study Bureau soil rating: Soils within the subject property are classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dark brown; parent material- A'a and volcanic ash; stoniness-sharp lava clinkers; drainage-very well ' drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine ' tilling. ' 16. Flood Insurance Rate Map (FIRM) designation: The subject property is ' located in Zone "X", outside of the 500-year flood plain. 17. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. 8 I Dennis D. Smith C ,ge of Zone Application 18. Air/noise/water quality: The air quality is excellent as there are no industrial ' uses in the area and the normally occurring winds prevent the emissions from ' the active volcano from affecting the quality of air on the subject parcel. The 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. Historic Resources: 19. Existing archaeological, cultural or historic sites on National Register or ' Hawaii Register: The subject parcel is located in a forested area at the 2,100- foot elevation within the boundaries of a pre-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 applicant has requested a "no effect" letter from the State Historic ' Preservation Division. A copy of that request is enclosed in the exhibits. ' Natural Resources: 20. ExistingJloraUfaunal 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 9 Dennis D. Smith C ;e of Zone Application 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 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. ' 21. Cultural Resources: According to the owner, 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. ' 22. Scenic or coastal resources: The property is located 7 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is ' heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to t buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. 1 Social-Economic Characteristics: ' 23. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West 10 ' Dennis D. Smith C e of Zone Application e ~ 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. t At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as ' follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more ' races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. ' 24. Economic resources of the area: Aside from a few nurseries and small scale ' agricultural endeavors within the subdivision, the surrounding areas are used for pasture lands by various ranches and much of the land in the area is left ' undisturbed for forestry. ' 25. Land values: According to prominent Realtors in the area, the land values in this subdivision have increased dramatically over the past year. ' Surrounding lands: I 26. Land use: The properties immediately surrounding the subject parcel within ' the Kaloko Mauka Subdivision are low-density residential lots with minimal clearing of the natural forest. There are some small pasture and nursery areas t within the subdivision. The State lands of Makaula_Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are native forest. ' The Kamehameha School lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands are currently being ' grazed by Hualalai Ranch. The Palani Ranch lands 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. 11 Dennis D. Smith C' -e of Zone Application 1 27. Zoning. The property in the immediate vicinity of the subject parcel is zoned FA-3a to the north and A-3a and FA-3a to the south, A-3a and FA-3a to the ' east and A-3a to the west. The proposed FA-3a zoning would be consistent with the surrounding properties. D. PUBLIC FACILITIES AND SERVICES i 28. 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 2 miles below the subject property. The grass shoulders have ' proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 29. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water ' Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, ' pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for ' each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural uses as the annual rainfall is adequate for these ' purposes. 30. Sewage disposal: The applicants propose to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. ' 31. Solid waste: Solid waste is taken to the County's solid waste transfer station 12 ' Dennis D. Smith C ;e of Zone Application ' in Kealakehe, west of the project site by the individual lot owners or a private hauling service will take the solid waste to the County's landfill at Puuanhulu. ' The applicants intend to use this existing transfer station for all lots. Any construction waste will be taken to the County landfill at Puuanahulu. I 32. Police and fire protection: This area is served by police and fire stations located approximately 5 miles to the southwest of the site in Kailua and Kealakehe. All roadways are paved, with adequate width and are accessible for emergency service vehicles. 33. Schools: The project site is located about four miles to the north of ' Kealakehe, Elementary, Intermediate and High Schools. 34. Parks: There is a County Parks and Recreation gym and park facility at the Old Airport Park in Kailua approximately 6 miles from the subject parcel. 35. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. 1 ' E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS ' 36. Relationship between local short term uses of environment and maintenance and enhancement of longterm 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. 13 1 Dennis D. Smith C ~e of Zone Application t 37. Mitigative measures proposed to avoid, minimize, recta or reduce impact. All construction on the site will comply with all governmental regulatory t 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 60-foot "forest reserve easement" for buffer purposes along the existing roadway. ' b. A 60-foot structural set back along the existing roadway. c. A 30-foot "forest reserve easement along all lot lines as a buffer 1 between parcels. d. At least 67% of the lot area shall be retained in forest. e. A restriction against a second dwelling on each lot. f. A forest management plan shall be prepared for each of the subdivided 1 lots. g. A "fair share" contribution to mitigate any potential impacts will be paid. 38. Alternatives to the proposed development. One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This ' would not allow the development of agricultural lots for residential uses, forestry and agriculture. It would also not increase the real property tax base ' as the proposed action would. It would not provide protection to the native forest affordable by the conditions cited above. 39. Irreversible and irretrievable commitments of natural resources that would be involved ifproposed action is implemented. The construction of the ' proposed rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The 14 r ` Dennis D. Smith C ,O ;e of Zone Application 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. 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. 1 15 Dennis D. Smitk °•ange of Zone Application 1 LIST OF EXHIBITS A. Resolution No. 330 96 B. LocationNicinity Maps r C. Change of Zone Exhibit ' D. "No Effect" Request from the State Historic Preservation Division 1 1 ' Dennis D. Smitl °,ange of Zone Application EXHIBIT A Resolution No. 330 96 CQ, N I N JF HAWAII STA, , 6- HAWAII RESOLUTION N0. 330 96 CO, 70 moo'-• ' ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA 9!y WATERSHED AND MAUKA FOREST AREAS. WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ' ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of Kaloko and extending up to the 5,700-foot elevation level Within the state Agricultural land use district and the county Agricultural - 20 acre (A-20a) zoned district; and ' WHEREAS, although a significant amount of the native forest cover has been removed throughout the original subdivision for pasturage, recreation and residential use since its initial ' development, a substantial amount of forest cover remains on lands above the 3.500-foot clevatioih above sea level, which lands comprise die upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Moutlt Hualalai above an elevation of approximately 2,500 feet above sea level, ' all lands are in the state Agricultural land use district (L.U,D.) and the county A-20a zoned district (or the equivalent, by way of owner-initiated cluster/open space zoned district combinations) and are in pasture and forest use, with the exception of several forest reserve areas ' which are in the state Conservation I.M.D.; and . WHEREAS, from time to time since the initial subdivision was completed, various lot ' owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be funlier subdivided, and to date most such change of zone applications have been approved by the council and enacted by ordinance; and ' WHEREAS, such rezoning ordinances have established a pattern of (1) Agricultural - 3 acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the ' 2.600-Coot elevation and (2) Agricultural - 5 acre (A-5a) minimum lot size densities in a narrow band immediately above the A-3a zoned district, extending to the 2,900 foot elevation; and ' WHEREAS, like the surrounding lands, die entire upper half of the Subdivision remains in the A-20a zoned di 'trict, although a majority of lots in the upper half of the Subdivision reportedly have one o more single family dwellings thereon and approximately fifty percent are ' reportedly improved ith two or more dwellings; and 6XNt6`~ r,G$.0~ ,i, w,rrrrr,~rr.~rrW rrmr,rn WfiERE-AS,'?Keral property owners have cited these IheigsAtened levels of effective ' dcusity and initiated requests for rezonings of lands in cite upper half of the Subdivision from the A-20a zoned district to an Agricultural - 10 acre (A- IOa) zoned district, which requests, if approved by die council, would indicate a zoning policy supportive of ten acre minimum lot si~.cs atrougltout the upper half of the Subdivision: and WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" of ten acre property interests under provisions of the state Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and uturigugeable interests on a single lot without regard to the county zoned district such lot may be in; and ' WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions Iltrough the application of cite C.P.R. law, it finds that such misuse should not be ' cause to compromise the value acid force of county zoning powers, and instead may be reason for the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land use district; mid ' WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, ' far above the elevation where Cite A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the County or[ awaii; prontote its use as pre-cursor of up-zoning pressures throughout the island's watersheds and signify that ten acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densitiei in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattern long established for cite niauka, watershed lands of the island of Hawaii, and the Kona region in particular, for a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF I IAWAII, that tto lands above the 3,000400t elevation within life Kaloko Mauka Subdivision or ' the 2,S00-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. 1 t BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of Iltis resolution to the Honorable Stephen K. Yarnashiro, Mayor of the County of Hawaii; Virginia Goktstein, Platuting Director; and Kevin Datug, Chairman of the Hawaii County Planting Commission. Dated: Hilo, Hawaii, this 19th day of June , 1996. ' INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII i 1 f . t ' ROLL CALL VOTE COUNTY COUNCIL ' County of Hawaii AYES NOES ASS EX Hilo, Hawaii Arakaki x Benk•Abmnuon x I Itereby certify that the foregoing RESOLUTION was by the Childs x vote indicated to the right hereof adopted by the COUNCIL of De Irma x ' the County of Hawaii on June 19, 1996 Down e x Osaio x ' Rath X ~tTESr: Ray x smith x ' 6 2 1 0 Reference C`119 /PC-124 ' Dennis D. Smit ange of Zone Application EXHIBIT B LocationNicinity Maps t Hawaii, HI, 1997-98 - 37-3-000, Sheet: 1 of 1' CJTI N V Q• 4 'A A ~ Z N W - n N ry Q o Q /N.1 ~ uMSn N o ~ t •4s4O<4 , A . It s N. , j ~ `a ~e~ sa °i• O ~ 9G •oesP tip ~ 0 t ~ i o s F . Ch,.CSC ,NC V.,+ JVGA Q• t: 1 a s S o T p ~ OiOC.t I 9 True Norib v ~ ~k r ~ j -e ,~s~ ,n a OKt.R • /t • v. ? t A c ' True North Q x _ Hawaii, HI, 1997-98 - 37-3_024, Sheet 1 of 1 I t. ~,y I 47 - 2a its \ 1 D l I e j ©pl+j ' l apt li{1 e~: t ;F `r ~ ~ ° a .+z ~ •a ~ [ ~y ' I p ti ,i ~ .7 K ~irp. l~F{ ,f? 1 •,~,pY ! ~t i7i ~ t.! .~vYOl t .q ~.f!• i"~ l ~ I ki;F 09 D a e r Da ~~sa rl)/ C Q `'as®` J D o .i 'ill l • 5 t 'Ai V( 41. a~ r 1 1 yp~+" \ T t~ 4~ fly+p+ a + a a J p t t~ ~ t o ~ 41 ~ t ' Dennis D. Smit' 'ange of Zone Application 1 1 EXHIBIT C Change of Zone Exhibit auwiov ww.n tssaa g 9 $r ' LOT 1 3.000 ACMES ' iel ev ` q Ivo, ' 2atmao• m.n ' ~ v ' s REZONING EXHIBIT AG-20A TO F AG 3A ' a FOR --MAP SHOWMIG THE SUBDIVISION OF :LOT2 KOLOKO MAUKA SUBDIVISION INCREMENT 1, FILE PLAN 994 INTO LOTS 1 THROUGH 7 AND.ROADWAYLOT 8 AT KOLOKO MAU" NORTH KONA ' ISLAND Cf HAWAII, HAAWI 7-3-24..$ 1 ' `a C. tlei A1w~i M1Yi~~++~`.+F / or'ixsxttoN .:.w iwms~ wtvtvop if l "1i awarwsass-mww s^.'r a..r crruis ' Dsa McIntosh sanas Is ~Y wta e.r~.r...rrrn». g wAt• bM Ytm3 /wisorq Mt. 'DSir.M n. ]005 ti~V~M Dennis D. Smith nge of Zone Application 1 EXHIBIT D "No Effect" Request from the State Historic Preservation Division r Post Office lox 1101 ' M GOERS Kainuela, Hawaii 96743 ENTERPRISES LLC Phone (808) 880-1455 i Fax (ROR) 880-1456 Land Use Alternatives bm ooers r@i 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) 7-3-24:08 (Smith) 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 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. 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 rely, M t Gre ooers Presi en ' GRM:Jy Copy: Christopher Yuen, Planning Director DL~. ARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: January 4, 2006 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief a~ Engineering Division SUBJECT Change of Zone Application (REZ 05-027) Applicant: Dennis D. Smith Location: Honokohau 1", N. Kona TMK: 3 / 7-3-24: 008 We reviewed the subject application for change of zone from A-20a to FA-3a and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. 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. EXHIBIT Memo PD-REZ 05-027 TMK: 7-3-24:008 January 4, 2006 Page 2 of 2 ROADWAYS 1. Direct vehicular access to individual lots shall not be from Kaloko Drive. 2. Kaloko Drive fronting the subject property, is a County road. It has an approximate 22-ft. wide pavement (in good condition), with grass shoulders and a 80-ft. wide right-of-way. 3. Access to Kaloko Drive including the provision of adequate sight distances, shall meet with the approval of DPW. Street lights, signs and markings shall be installed meeting with the approval of the DPW, Traffic Division. 4. The applicant shall remove any encroachments or obstructions within the County right-of-way along the subject property frontage. 5. All roadways within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways. 6. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. 7. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. The Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. TRAFFIC Consideration should be given to level of service at the Mamalahoa Highway and Kaloko Drive intersection which we suspect is deteriorating from continued incremental development. A previous rezoning application was approved with the condition of assessing needed improvements and costs. We have not received the product of that condition to date. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA Harry Kim Lawrence K. Mahuna Mayor Police Chief r •'tei o;.A* Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolmi Street . Hilo, Hawaii 96720-3998 December 13, 2005 (808)935-3311 . Fax(808)961-2389 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM kONALD T. NAKAMICHI, ASSISTANT POLICE CHIEF, AREA II OPERATIONS SUBJECT Change of Zone Application (REZ-05-027) Applicant: Dennis D. Smith Request : A-20a to FA-3a TMK : 7-3-24:8 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 3 r "Hawai'i County is an Equal Opportunity Provider and Employer" Harry Kim' Darryl J. Oliveira Mayor Fire Chief Desmond K. Wery Deputy Fire Chief County of'aiuai`i FIRE DEPARTMENT 25 Aupuui Street - Suite 103 - Hilo, Hawaii 96720 (808) 961-8297 - Fax (808) 961-8296 January 5, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-027) APPLICANT: DENNIS D. SMITH REQUEST: A-20a to FA-3a TAX MAP KEY: 7-3-24: S In regards to the above-mentioned Change of Zone 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 apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around- the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT 06 009546 coicoRiA ~oa~ ,hRED~^ HawaiS County is an Equal Opportunity Provider and Employer. Christopher J. Yuen January 5, 2006 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 in p access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(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. "o) Grade. The gradient for a fire apparatus access road shall not exceed the maxim= approved by the chief." (15%) Christopher J. Yuen January 5, 2006 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC 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 apparatus by roadways meeting the requirements of Section 10.207. ADk&rIRA Fire Chief JCP:Ipc irRAFFIC SAFETY C AUMTTEE NA Iro 75-344 Nani Kailua Dr., Kailua-Kona, HI 96740 (808) 331-0441 January 4, 2006 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 05-027) Dennis D. Smith Dear Mr. Yuen: The Kona Traffic Safety Committee has reviewed the subject application for change of zone from A-20a to FA-3a to permit subdivision of nearly 22 acres in Kaloko Mauka into seven, 3+-acre lots. Although we have noted in other recent rezoning applications for property in Kaloko Mauka (Totah and Gesling) that rezoning will probably have only minimal effect on traffic in the area, the seven lots in this application, together with lots already approved and lots sure to be added in the future, will certainly, over time, add significantly to traffic volume at the Kaloko Drive/Hwy 190 intersection. We urge, therefore, that you carefully consider the cumulative effect of Kaloko Mauka rezoning applications on traffic volume and safety. We've remarked, in commenting on prior applications for Kaloko Mauka rezoning, that the applicants have, as here, observed that the Kaloko Drive/Rte 190 intersection needs to be improved, and that they will participate in the improvements. But we again question 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 intersection, what improvements, if any, are planned, and when they will be completed. We believe we're entitled to an accounting of the funds 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 Cc: Angel Pilago Pete Hoffman Virginia Isbell Bruce McClure EXHIBIT S RDSmiddtEZ.dw -1/13/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DENNIS D. SMITH CHANGE OF ZONE APPLICATION (REZ 05-027) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 3-acre (FA-3a) for approximately 21.992 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 Family Agricultural 3-acre (FA-3a) for approximately 21.992 acres of vacant land to subdivide the properties into seven (7) lots approximately three acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the lots. The dwelling is estimated to cost approximately $400,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from an Agricultural 20-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the documents goals and policies to guide the coordinated growth and 4- development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The area is designated Important Agricultural Land. Important Agricultural Lands are those with better potential for sustained high yields because of soil type, climate, topography, and 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 Na lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "D" or "Poor" and "E" or "Very Poor" for agricultural productivity. The ALISH System classifies soils within the property as Other Important Agricultural Lands, which include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is located on the northeast corner of Kaloko Drive and Hao Street in the Kaloko Mauka Subdivision at approximately the 2,200-foot elevation. Lands to the north/northeast are zoned FA-3a and lands to the west, east and southeast are zoned A- 3a.. Surrounding properties are in low-density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the property is from Kaloko Drive, a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. The Department of Public Works states that direct vehicular access to individual lots shall not be from Kaloko Drive Kaloko Drive intersects with the Mamalahoa Highway less than two miles below the property. The Department of Transportation (DOT) has previously expressed concerns -2- 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. In comments provided for other similar rezonings in the subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that their understanding is that the intersection improvements will be implemented by the County at no cost to the State. The DOT requests that all plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. 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 Land designation by the ALISH system. The requested FA-3a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. According to the applicant, wildlife at the property consists of turkeys, hawks, -3- 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 area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the property. The property, located at the 2,200-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 67% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. In addressing potential adverse visual impacts the clearing of the property for individual home sites and agricultural uses may have on the existing upland forest character within the area, the applicant has proposed the following: • a 60-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines not covered by the 60- foot easement; • a 60-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 67% of the lot area to be retained in forest; -a- Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended are conditions to restrict the construction of a second dwelling and a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated October 23, 2005, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately seven (7) 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. Water is available to the site. 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 -5- 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 archaeological studies of the immediate area. a: • The valued cultural, historical, and natural resources found in the rezoning are In similar rezoning in the Kaloko Mauka Subdivision, the State Department of Land and Natural Resources Historic Preservation Division has stated that the likelihood of historic sites is extremely low due to elevation and terrain and no historic properties will be affected by this undertaking. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian 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 an Agricultural 20-acre (A-20a) to the Family Agricultural 3-acre (FA-3a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general 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. -6- CDSmiih U3Z-1/13/06 DENNIS D. SNHTH CHANGE OF ZONE APPLICATION (REZ 05-027) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 60-foot wide "forest reserve easement" along the existing roadway frontages of the subject property, exclusive of the access point permitted by the Department of Public Works. 2. a 30-foot "forest reserve easement" along all lot lines not covered by the 60-foot easement; and 3. a 60-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than sixty-seven percent (67%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenants in the deeds of all of 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 (CPR) on each lot, including Lot 1. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). -2- 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the forest management plan or the recording of the restrictive covenant(s), the reforestation program for any cleared or grubbed area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of Final Subdivision Approval. 4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. I. Vehicular access to Kaloko Drive shall be limited to one common driveway approach as approved by the Department of Public Works. J. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- -3- Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow 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 share 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 share contribution shall be adjusted annually by the Hawaii County Planning Department, beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index HCPI). Upon approval of the fair share contributions, the Director shall submit a final report to the Council for its information that identifies the specific approved fair share contributions, as allocated, and further implementation requirements. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. M. The applicant shall comply with all applicable County, State and Federal Laws, -4- rules, requirements and regulations. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -5- »SY% F.F.1. Y COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE 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 FAMILY AGRICULTURAL (FA-3a) AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-24:8. 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 Family Agricultural (FA-3a): Beginning at the Southerly comer of this parcel of land on the Northerly side of Hao Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 14,352.36 feet South and 3,884.04 feet West, thence running by azimuths measured clockwise from True South: 1. 135° 10' 00" 606.50 feet along the Northerly side of Hao Street to a point; Thence along a curve to the right having a radius of 50.00 feet, the chord azimuth and distance being: 2. 164° 45' 00" 49.37 feet to a point; 3. 194° 20' 00" 1159.51 feet along the Easterly side of Kaloko Drive to a point; 4. 315° 10' 00" 1243.73 feet along Lot 3C and Lot 3D (formerly Lot 3 of Block 2, File Plan 994) and Lot 4 of Block 2, File Plan 994 to a point; -1- 5. 45° 10' 00" 1020.00 feet along Lot I-E-1 and Lot 1-A-1 (formerly Lot I of Block 2, File Plan 994) to the point of beginning and containing an area of 21.992 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 may be 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: -2- A-3a A-33 A- A-20a ~a A-20a A-20a ~a m FA-3a F a FA-3a .352. 3,8 .04 W "MO UI EA" tlanani I z n Illar` mi. ~i* . EM; A-3a em A a A-20a A-5a PQ A-3a AGR RA A LTURAL (FA 3a •10a A-3a A 5a A-20a K kuki \ aloko s a o 0 N ualani 5 A-20a \ A-3a A 20a a - Oa A-3a Id overn d -1 m I A 3a -fa A a A I lah a _ 11 R -1 3 A-3a N fa A fa a Q z \d M m la ke/ - a q.3a oa ~ m RA Is A-1 FA-fa A-3 •fa RA-.5a Mill A A 3a - a A- -fa 1,000 500 0 1000 2.000 3,000 4.0 00 5 000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 7-3-024:008 Date: December 7, 200 EXHIBIT "A" (Dennis D. Smil 182)