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HomeMy WebLinkAboutCOM 0907.000 2004-2006 *tt OF F^~ Harry Kim Dixie liaetsu Mn ym Managing Director r v Barbara Kossow h ei,w'~r Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 967244252 • (808) 961-8211 • Fax (808) 9616553 KONA-75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329 5226 • Fax (808) 326 5663 May 8, 2006 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawai'i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: State Land Use Boundary Amendment Application (SLU 06-000008) Request: Agricultural to Rural Change of Zone Application (REZ 06-000031) Request: A-5a to RA-2 Applicant: Scott T. Nakahara Tax Map Key: 6-2-9:17 Change of Zone Application (REZ 06-000033) Applicant: Thomas E. Shockley Request: A-20a to A-l0a Tax Mao Key: 7-3-48:5 As required by Chapter 4, Sec. 6-4.3(C), Hawai'i 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, C~W - Harry Kim Mayor Enclosures cc: Planning Department Comm. No. Hawaii County is an Equal Opportunity Provider and Employer Ref, TO: Ref. Dote 5 jj Mvv o•~ .r r+?~O County of Hawai°i PLANNING COMMISSION Aupuni Center r 101 Pauahi Street, Suite 3 r Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(809)961-9742 May 8, 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 06-000033) Applicant: Thomas E. Shockley Request: A-20a to A-l0a Tax Map Key: 7-3-48:5 The Planning Commission, after a duly held public hearing on April 21, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-I Oa) for approximately 21.389 acres of land located on the northwest corner of the intersection of Huehue Street and Kaloko Drive, 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 Agricultural 10-acre (A-IOa) for approximately 21.389 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the newly created lots. The dwelling is estimated to cost approximately 5400,000. 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 Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 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 Agricultural 10-acre (A-10a) district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Extensive Agricultural, which includes pasturage and range lands. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The property is unclassified by the Agricultural Lands in the State of Hawaii (AL1SH) System. 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 northwest corner of the intersection of Huehue Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,600- foot elevation. Surrounding lands are zoned A-20a and 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 subdivision 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 Huehue Street, a 22-foot wide paved roadways with 8-foot grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway approximately five miles below the property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: Stacy Higa, Chairman and Members of the County Council Page 3 • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Similar comments have been received for other change of zone requests in the Kaloko Mauka Subdivision. The Department of Transportation, Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Department of Transportation's concerns. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the Extensive Agriculture designation by the General Plan LUPAG Map. 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, with the exception of the area cleared for the existing single-family dwelling, the site is heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Stacy Higa, Chairman and Members of the County Council Page 4 Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 12 at approximately the 4,600-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. The property is located at the elevation recommended for preservation as a habitat for the 'Alala. No comments were received from the Natural Resources Conservation Service and the U.S. Fish and Wildlife Service. As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The subject property, located at the 4,600-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 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 January 8, 2006, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." Stacy Higa, Chairman and Members of the County Council Page 5 In addressing potential adverse visual impacts the clearing of the subject property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicant has proposed the following: • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines as a buffer between parcels; • a 100-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. The subject 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 nine miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. According to the applicant, water can be made available to the site. The applicant also states that the Department of Water Supply considers the Kaloko Mauka Water System a separate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,100-foot elevation. The reservoirs have a capacity of 500,000 gallons. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems for each lot, meeting the requirements of the Stacy Higa, Chairman and Members of the County Council Page 6 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: According to the applicant, the parcel is located at the 4,600-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. In a letter dated February 22, 2006, the DLNR-HPD stated that "this property is situated in the highest elevation of Kaloko subdivision where previous archaeological studies have confirmed that historic properties are highly unlikely (Haun 2001; Nees & Williams 1995; Rechtman 2002). SHPD has previously addressed proposed projects at this elevation and determined sites are unlikely..." • 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: According to 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 Agricultural 10-acre (A-]Oa) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. Stacy Higa, Chairman and Members of the County Council Page 7 For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona District Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. Ki airman Planning Commission LshockleyQPC Enclosures cc: Mr. Gregory R. Mooers Mr. Thomas Shockley Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kong Rodney Haraga, Director/DOT-Highways, Honolulu BShmkleyREZAo 3/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT THOMAS E. SHOCKLEY CHANGE OF ZONE APPLICATION (REZ 06-000033) THOMAS E. SHOCKLEY has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.389 acres of land. The property is located on the northwest corner of the intersection of Huehue Street and Kaloko Drive, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-48: 5. PROPOSED ACTION 1. Request: Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A- l0a) to subdivide the property into two parcels approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the newly created lots. The dwelling is estimated to cost approximately $400,000. (Exhibit 1 - Change of Zone Application) 2. Landowners: Thomas E. Shockley and Lisa M. Choquette. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Extensive Agriculture. 5. County Zoning: Agricultural 20-acre (A-20a). 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately nine (9) miles mauka of the shoreline at approximately the 4,600-foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. According to the applicant, there are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. ATTACH: Corm. 907 Bill 291 DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is an approximately 21.389-acre parcel located on the northwest corner of the intersection of Huehue Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,600-foot elevation. Currently, there is a dwelling on the property. The unimproved portion of the property is heavily forested with slopes of 6-20%. 9. Surrounding Zoning/Land Uses: Surrounding lands are zoned Agricultural 20-acre (A- 20a) and 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 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. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor". 12. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. 13. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 14. Flora/Fauna Resources: According to the applicant, the site, with the exception of the area cleared for the construction of the existing single-family dwelling, 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. 15. 'Alala Recovery Plan: The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the -2- center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 to 3,400-foot elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 12, at approximately the 4,600-foot elevation. Once such a habitat is established, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. 16. Archaeological/Historical Resources: According to the applicant, the parcel is located at the 4,600-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated January 8, 2006, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division (DLNR- HPD). In a letter dated February 22, 2006, the DLNR-HPD stated that "this property is situated in the highest elevation of Kaloko subdivision where previous archaeological studies have confirmed that historic properties are highly unlikely (Haun 2001; Nees & Williams 1995; Rechtman 2002). SHPD has previously addressed proposed projects at this elevation and determined sites are unlikely..." 17. Cultural Resources: According to the landowners, no valued cultural, historical or natural resources exist on the property 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. -3- PUBLIC UTILITIES AND SERVICES 20. Access: Access to the property is proposed from Huehue Street, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway approximately five miles below the property. 21. Water: According to the applicant, water can be made available from an 8-inch waterline in Kaloko Drive fronting the property. 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 from poles along Kaloko Drive. The area is served by police and fire stations in Kailua and Kealakehe, approximately six miles southwest of the site. Kealakehe Elementary, Intermediate and High Schools are located approximately five miles north of the site. AGENCIES' AND ORGANIZATIONS' COMMENTS 24. Department of Environmental Management: Exhibit 2 - February 7, 2006 memo 25. Police Department: Exhibit 3 - February 3, 2006 memo 26. Department of Land and Natural Resources Historic Preservation Division: Exhibit 4 - February 22, 2006 letter 27. Department of Health: Exhibit 5 - February 28, 2006 memo 28. Department of Transportation: Exhibit 6 - February 21, 2006 letter 29. Kona Traffic Safety Committee: Exhibit 7 - March 2, 2006 letter AGENCIES - NO COMMENTS 30. Fire Department AGENCIES - NO RESPONSES 31. Department of Public Works, Department of Water Supply, Department of Land and Natural Resources Land Division, Natural Resources Conservation Service, U.S. Fish and Wildlife Service APPLICANT'S RESPONSE TO AGENCIES 32. Exhibit 8 - March 2, 2006 letter PUBLIC COMMENTS 33. None as of this writing. -4- Post Office Box 1101 MOOERS Kamuela, Hawaii 96743 ENTERPRISES LLC Phone (808) 880-1455 Fax (808) 880-1456 Land Use Alternatives gmooers@hawaii.rr.com APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a) APPLICANT: Thomas E. Shockley TAX MAP KEY: (3) 7-3-048:005 Kaloko Mauka Subdivision Kaloko, North Kona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC January 23, 2006 EXHIBIT r CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Thomas E. Shockley APPLICANT'S SIGNATURE: DATE: ADDRESS: 73-4370 Huehue Street Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE: (Bus.) 329-2025 (Res.) (Fax) LANDOWNER(S): Thomas E. Shockley d Lisa M. Cho u e LANDOWNER SIGNATURE(S) ~S (May be by lett LANDOWNER(S) ADDRESS: 73-4370 Huehue Street, Kailua-Kq a, 1196740 REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 10-acres (A-I Oa) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-048:005 STREET ADDRESS OF PROPERTY: 734370 Huehue Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.389 acres AGENT: Greeorv R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.)880-1454 (Fax) 880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: John Totah (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 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? 21.389 b. Into what lot sizes? 10+ 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? Both lots At what approximate price range? House 400,000 Lot Total Not for sale Approximately how long, after approval of the subdivision, would the first house be available for occupancy? Occupied 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? C, Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/84 1 If you intend to do either a, b, c, please elaborate on the kind also include in your of plans the other party has. Please, answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will provide one additional lot in the Kaloko area. 4. Are there any buildings on the subject area? Yes If so, what kind? A single-family residence is constructed on proposed lot 5-B, please see the rezoning exhibit. What do you intend to do with those buildings if your request is approved? It is the applicant's home. 5. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes if so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? 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. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Forest If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools x b. Roads x X C Sewer d. Drainage x -3- Yes No e. Police Protection x f. Fire Protection x 9. Recreational Facilities x X h, Public Utilities X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The Mamalahoa intersection needs to be improved. The applicant will pay a fair share assessment for this. Signature: .ash !C' Address: 734370 Huehue Street, Kailu-Kona, Hawaii 967 Telephone: 329-2025 Date: -4- Shockley Change of Zone Application TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION iv CHANGE OF ZONE QUESTIONNAIRE v TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development 1 B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation 3 3. Applicable 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 6 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 10 Surrounding Lands 11 i Shockley Change of Zone Application D. PUBLIC FACILITIES AND SERVICES Access 12 Water Service 12 Sewage Disposal 12 Solid Waste 12 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: I 13 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: 13 3. Alternatives to the proposed development: 14 4. Irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented: 14 F. PROPOSED FINDINGS 15 G. EXHIBITS A. Resolution No. 58 97 B. Location/Vicinity Maps C. Change of Zone Exhibit D. "No Effect" Request from SHPD ii Shockley Change of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a) APPLICANT: Thomas Shockley TAX MAP KEY: (3) 7-3-048:005 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 21.389 acre parcel located on the northwest corner of the intersection of Huehue Street and Kaloko Drive at approximately the 5000 feet elevation. It is identified as Lot 5, Block 12, Increment 5 (File Plan 1434), 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 owners propose to subdivide the existing lot into two lots approximately 10+ acres in size. Currently there is one dwelling constructed on proposed Lot 5-B on the property. Please see the site plan in the exhibits. These lots are intended to be residential/agricultural lots for the owners. Thomas Shockley, a co-owner, is the applicant. c. Number of acres: 21.389 acres are covered by this request. 1 Shockley Change of Zone Application d. Proposed uniallots/floor area of proposed building envelope: The applicant proposes to subdivide the existing lot into two 10+ acre parcels. It is proposed that the lots will have similar conditions as those placed on other rezoned lots in this area of the Kaloko Mauka subdivision. The conditions have included a 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and a 100- foot wide structural setback in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer. Restrictive covenant(s) in the deeds of both the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances approval to the issuance of Final Subdivision Approval. e. Time frame and cost: The application for the subdivision will be filed immediately after the change of zone is completed. The estimated cost of the houses is approximately $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 lot. 2 Shockley Change of Zone Application g. Traffic Impacts: The applicant believes that the traffic generated by the proposed lot subdivision will be minimal. The subdivision of this property into two lots will add one additional lot to the subdivision. h. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicant understands that all recent re-zonings in the Kaloko Mauka area have been conditioned to require the applicants to participate in the improvement of this intersection. The applicant stipulates to this fact and will also participate in the improvements. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their 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. 3 Shockley Change of Zone Application POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination 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. 4 Shockley Change of Zone Application POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, andpublic 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. 5 Shockley Change of Zone Application o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Important Ag Land-Extensive Agriculture. 5. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to change the zoning to Agricultural- l0acre (A-10a). This request is consistent with Hawaii County Council Resolution No. 58 97. (See Exhibit A). 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 9 miles from the shoreline surrounded by a regional roadway system. The proposed use of the subject property will not negatively impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 9. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these areas will be impacted by the proposed action. 6 Shockley Change of Zone Application 10. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. This proposed change of zone request is consistent with this Council Resolution. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 11. Description of subject property: The subject property is a 21.389 acre parcel located on the northwest corner of the intersection of Huehue Street and Kaloko Drive at approximately the 5000 feet elevation. It is identified as Lot 5, Block 12, Increment 5 (File Plan 1434), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of between 6 and 20%. The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There is a single-family residence on the subject property on proposed Lot 5-B. 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% 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." 7 Shockley Change of Zone Application 13. Distance from coastline: The subject property is approximately 9 miles east of the coastline at Puhili Point. 14. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Soils within the subject property are classified as "Other important Agricultural Lands" by the ALISH system. 15. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kona Extremely Rocky Muck (rKYD), 6 to 20 percent slopes. 16. The Land Study Bureau soil rating: Soils within the subject property 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. 17. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500-year flood plain. 18. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. 19. Air/noise/water quality: The air quality is excellent as there are no industrial uses in the area and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area as such there is little noise pollution. The water to the site is provided by DWS and meets all EPA guidelines. 8 Shockley Change of Zone Application Historic Resources: 20. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area at the 5,000 foot elevation above 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 applicants have requested a determination of "no effect" from the State Historic Preservation Division. SHPD has granted these letters for the neighboring properties of this subdivision. Natural Resources: 21. Existing floraUfaunal resources: The site is presently heavily forested with native trees and shrubs such as ohia, tree fem, other native trees and shrubs, and non native vegetation. Wildlife seen at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native. The proposed development has the potential to alter the mixture of plant life, however the low density of development and previously applied zoning conditions will assure continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the Alala, an endangered bird whose population has reached an extremely critical state. 9 Shockley Change of Zone Application The central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding Alala. The Plan recommends that portions of the lands of Kaloko above the 3,200 feet elevation be designated as essential habitat for the Alala. The subject property is proposed to have 80% remain in native forest for this habitat. 22. Cultural Resources: According to the owners and neighbors, no valued cultural, historical or natural resources exist of the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed actions will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 23. Scenic or coastal resources: The property is located 9 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. Social-Economic Characteristics: 24. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more 10 Shockley Change of Zone Application races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 25. Economic resources of the area: Aside from a few nurseries and small scale agricultural endeavors within the subdivision, the surrounding areas are used for pasture lands by various ranches and much of the land in the area is left undisturbed for forestry. 26. Land values: According to prominent Realtors in the area, the land values in this subdivision, as with all property in West Hawaii, have increased dramatically over the past few years. Surrounding lands: 27. Land use: The properties immediately surrounding the subject parcel within the Kaloko Mauka Subdivision are low-density residential lots with minimal clearing of the natural forest. There are some small pasture and nursery areas within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are native forest. The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands are currently being grazed by Hualalai Ranch. The Palani Ranch lands of Honokohau abut Kaloko Mauka on the entire southern boundary. These lands have been historically grazed, however a 80 acre parcel is presently being used for forest products. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko Mauka. 28. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-10a to the west and south, and A-20a elsewhere. Properties within the subdivision at lower elevations are zoned FA-3a, A-3a and A-5a. 11 Shockley Change of Zone Application D. PUBLIC FACILITIES AND SERVICES 29. Description of access: The access to the subject property is from Huehue Street, 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 5 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 30. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural uses, as the annual rainfall is adequate for these purposes. 31. Sewage disposal: The applicants propose to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for the newly created lot. 32. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service takes the refuse to the County landfill at Puuanhulu. The applicants intend to use this existing transfer station for both lots. Construction waste will be taken to the County's landfill at Puuanahulu. 12 Shockley Change of Zone Application 33. Police and fire protection: This area is served by police and fire stations located approximately 6 miles to the southwest of the site in Kailua and Kealakehe. All roadways are paved, with adequate width and are accessible for emergency service vehicles. 34. Schools: The project site is located about five miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 35. Parks: There is a County Parks and Recreation gym and park facility at the Old Airport Park in Kailua approximately 7 miles from the subject parcel. 36. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. The applicants propose that the conditions applied to other re-zonings in this subdivision be applied in this 13 Shockley Change of Zone Application case as well. These include; a. A 100-foot "forest reserve easement" for buffer purposes along the existing roadway. b. A 100-foot structural set back along the existing roadway. c. A 30-foot "forest reserve easement along all lot lines as a buffer between parcels. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. f. A forest preservation plan shall be prepared for each of the lots. g. A "fair share" contribution to mitigate any potential impacts will be paid. 3. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of one additional agricultural lot for residential uses, forestry and agriculture. It would also not increase the real property tax base as the proposed action would. It would not provide protection to the native forest afforded by the conditions cited above. 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of one additional rural-residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There are presently no such restrictions on the development of the property. 14 Shockley Change of Zone Application F. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. 15 ' Shockley Change of Zone Application ' EXHIBIT A Resolution No. 58 97 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 58 97 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDIVISION WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Msuka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum tot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No. 330-96, the Council approved two cbange of zone requests for A-1 Oa lots above the 3,000-foot elevation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96; and WHEREAS, the Council recognizes that a low density use pattern for the mauka, watershed lands of the island of Hawaii, in particular the Kona region, should be protected and maintained for environmental reasons; and WHEREAS, the Council finds that a maximtun density of two dwellings per tweny acres for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area, will protect the watershed and native forest and maintain a low density pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. A 100-foot wide 'forest reserve east:ment" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; 2. A 30-10ot -forest reserve easement' along all lot lines not covered by the 100- foot easement; and 3. A 100-foot wide structural setback in Item of the required 30-foot setback along the existing property's >L:lic street frontage to provide an additional buffer. B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition no less than eighty percent (80%) of the entire lot 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. C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the construction of a second dwelling unit on and any further subdivision of each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review acrd approval prior to the issuance of final Subdivision Approval. A copy of the approved covenant(s) shall be _ recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. D. A forest management plan for the proposed tots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources, the State Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, including those of the State Depatvnent of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Management Program. 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances andfor Land Court. A copy of the covenants to be recorded shall be submined w 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 subminal of U e 'crest 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 shalt 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. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the planning Commission consider favorable recommendations for A-10a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standards of the General Plan are meL BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and VirgWa Goldstein, Planning Director. Dated: Hilo, Hawaii, this _2W___ day of June , 1997. INTRODUCED UN IL MBEPK LCCObiNNTY OF HAWAII a1LTICES COUNTY COUNCIL ROLL CALL VO'L'E County omwaii AYES NOES ADS EX Hilo, lillawail X X I btmby eerUty that the torerolag RESOLUTION wu by the t.ratTaAaroa0 X , oa indicated to the right bereof adopted by the COUNCEL et' the !Ar X County of gawdi oa June 211997 asvnoLne X ,Ir ATTEST: saur8 X Tn~ X r.:wr+c X a o i o Reftma« lx-53 COUNTY CLtRK CHAIRMAN do PRESMING OFFICER RESOLUTION NO. .c18 9 DRAFT 3: ' Shockley Change of Zone Application 1 1 ' EXHIBIT B ' LocationNicinity Maps n < 4~ IQ oooa ~ WON •'^dl J I Z 11/ ~ f a : r - M >ar i r a, aw J edo 1~ >e gpON anal G ~i'009m 'w p IY Y ~~4Y `j i• \CP,O 1 m % ~ e I \ f• or to fa„ N r° e _ n IT cn,r rwnr.r w•srw\ O % \ \ e ~ I 1 J c O 1 ' CL ~ ~ Yd ai ~ ~ ~ O i 7 x a eo ai ' al n I Y i ' 4 a owy+ u c I° h 1 i .O n yC~ 'E w It N CAI O 1 o c: ';b wa, y Y y U t l' gf . N L' • Aj N O p ~ 10 1 :1094S 000-£-LE - 86-L66t 'IH 'PeMeH Shockley Change of Zone Application O d E o Oj SRJE~ 5 0 INCREMENT 2 INCREMENT 5 KALOKO DRIVE KALOKO MAUKA SURDMSION INCREMENT 4 Reservoir Site No. B it p Reservoir Site No. 7 VICINITY MAP SCALE: 1 INCH = 1000 FEET ' Shockley Change of Zone Application ' EXHIBIT C ' Change of Zone Exhibit 0 h y N d o ~ r / FE Cee EV, ypµr Y w+.x ¢ ~ ~ 7 y s 3 S ~s r xd~ 4 s N N~Cg~ a ° A U d p to 0 `o 2 ck: ~ E ~i, W 3o h~ o^ ~ 3 z _ k~, v~ y~py?4 p Y p .-.».ur rl m Q V Al 71 O < G ~ Q C w ig O P ° If R o 5 p ` s_ as Wif1 TXI W^~ 3 A I N 0 O N O 7 r Y xr xaa" . ix~x~xaxr~01x1I II aan r r 11 rx oxo.rx ~v 3 0 ~ Eg 9sW e ~ 6uruoZ WZ-Y ~ _ S°- gg a8 a ' Shockley Change of Zone Application 1 EXHIBIT D ' "No Effect" Request from the State Historic Preservation Division Post Office Box 1101 MOOERS Kamuela, Hawaii 96743 ENTERPRISES LLC Phone (808) 880-1455 2 Fax (808) 880-1456 Land Use Alternatives gmooers@hawaii.rr.com January 8, 2006 Mary Anne Maigret State Historic Preservation Division 74-383 Kealakehe Parkway O Kailua-Kona, Hawaii 96740 Re: Archaeological Reports TMK: (3) 7-3-48:005 (Shockley) 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. Given the elevations of the subject property, at 5,000 feet, it has been previously thought there would be no features present. I would like a letter from your office either finding there would be "no effect" or guidance on the type of archaeological work that would be required for you to make that determination. Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this letter. Sincerely, Grego . Mooers President GRM:Jy J ~IrrS•. n~ [H[arrry Kim Barbara Bell 2006 f LV°AK R19 19 04 . r Director Nelson Ho Deputy Director 'OU i Y jl-- HAWAII C71111fu of cRalunii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : February 7, 2006 To CHRISTOPHER YUEN, Planning 'rec r From: BARBARA BELL, Direct o Subject: Change of Zone Application (REZ 06-000033) Applicant: Thomas E. Shockley Request: A-20a to A-10a TMK: 7-3-48:5 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: I. { ) No comments I ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: TECHNICAL SERVICES COMMENTS ;~iy (r o4(, 9~ <n~ 1 d 1i ~ i ~ ~~1 < Al1' SOLID WASTE COMMENTS: ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (}~l) Ample room should be provided for implementation of a recycling program. Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (k) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD,WWD,TSS 7990 011026 C rt1 MtV or Harry KQS I EB 17 PSI i Lawrence K. Mahuna Mayor Police Chief P jvr~ ~rk1ENT c ljN f f VaNlAll ''+r~ b;•w~+' Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808) 961-2389 February 9, 2006 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM RONALD T. NAKAM HI, ASSISTANTf POLICE CHIEF, AREA II OPERATIONS SUBJECT: Change of Zone Application (REZ 06-033) Applicant: Thomas E. Shockley Request: A-20a to A-10a TMK: 7-3-48:5 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. Continued subdividing in Kaloko Mauka will enhance existing traffic issues. The Kaloko/Mamalahoa Highway intersection requires improvement. Additionally, this section of Mamalahoa Highway is bumper to bumper during peak traffic hours. 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 ll, Kona Patrol, at 326-4646, extension 249. EXHIBIT 3 "Hawai'i County is an Equal Opportunity Provider and Employer" ®r4-il+c,J~1 Oi PETER T. YOUNG H, awWG30N ~9.. ` LI 09OFHAW w~ >d'da". cowdsa ox owYw mRZ Ovxa RA AMRENT fAVFANOR OF WIWM ROBERT K MABUDA I i OEPVIYDd[RO0.LVlD arid O o, 7QlI6 FEB 2 7 F~l DM N NARANO wCIWO MN NAKAN0. wwm .O eTINO.NUM.wN PEC.F.,,NN 'LE GU VRLAV O[CONVCYwNGt9 v1 J p I i ! owuwoFRVA EewvxaRwx S r Hr~b~}kTE OF HAWAII oNeuYwno xB awY Muxos CONHGVwT10.Y.WDIVIOVRCG dIMCGOt! PCPETIRY AHO W6OIlF[ ,u DEPARTMENT OF LAND AND NATURAL RESOURCES OI Hd~~ KANOOU W ¢ 191wN0 RE40lK COM645IpN STATE HISTORIC PRESERVATION DIVISION ~wwro 601 KAMOKILA BOULEVARD, ROOM 555 r<PwNNs KAPOLEI, HAWAII 96707 February 22, 2006 Christopher Yuen, Director LOG NO: 2006.0428 Hawaii County Planning Department DOC NO: 0602MM22 101 Aupuni Street, Suite 3 Archaeology Hilo, Hawaii 96720-3043 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review [County/Planning] Change of Zone Application (REZ 06-000033) Applicant: Thomas E. Shockley Kaloko Ahupua' a, North Kona District, Island of Hawaii TMK• (3) 7-3-048.005 Project consists of a proposed change of zone from A-20a to A-10a for this property situated at 5,000 foot elevation in Kaloko. We believe that no historic properties will be affected by this undertaking because: ? a) intensive cultivation has altered the land ? b) residential development/urbanization has altered the land ? c) previous grubbing/grading has altered the land ? d) an acceptable archaeological assessment or inventory survey found no historic properties ? e) this project has gone through the historic review process, and mitigation has been completed ® f) other: This property is situated in the highest elevation of Kaloko subdivision where previous archaeological studies have confirmed that historic properties are highly unlikely (Haun 2001; Nees & Williams 1995, Rechtman 2002). SHPD has previously addressed proposed projects at this elevation and determined sites are unlikely (LOG NO: 26367, DOC NO: 0010MS01). In the event that historic resources, including human skeletal remains, are identified during the construction activities, all work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Section, needs to be contacted immediately at (808) 327-3690, 1 Aloha, x Melanl men, Administr o State sto 'c Preservation ivi ion i MM:dlb EXHIBIT ~y C, tb oe h1 4 \pbp jryry~{p~}(~}Ly~I 'Yd CHIYOME LEINAALA FUKINO, M.D. D~IPY1ry'1 L PM 1-7 11 ; DIRECTOR OF HEALTH COUNlY OF FiFj'JVl~I STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 28, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii /21 FROM: Larry K. Shiro Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000033) Applicant: Thomas E. Shockley Request: A-20a to A-l0a Tax Map Key: 7-3-48:5 The Health Department found no environmental health concerns with regulatory implications in the submittals. W ORD: REZ06-00003 3. my EXHIBIT S 0 ILIG0 3 LINDA LINGLE a°4 ~sse~aw RODNEY K. HARAGA GOVERNOR Q(~1 DIRECTOR i~ 2 q 1` Deputy Directors 2006 FEB ?7 I 11 n BRUCE Y. MATSUI BARRY FUKUNAGA PLr l i.'I; ENT POw epp C® BRENNON T MORIOKA La lY Jr ifi'fV/ BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER T0: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2057 HONOLULU, HAWAII 96813-5097 February 21, 2006 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: Thomas E. Shockley Change of Zone Application (RBZ -6-000033) TMK: 7-3-48:5 Thank you for requesting our review of the subject application. The applicant proposes to subdivide the existing 21.389 acre lot into two 10 acres+ lots. These lots are intended to be used as residential/agricultural lots. We have no objection to the proposed change in zoning, but we are concerned with the number of past zoning and land use changes in the Kaloko Mauka Subdivision area and the resultant cumulative impact on the intersection of Mamalahoa Highway and Kaloko Drive. It is our understanding that the County will be responsible for implementing required improvements at the intersection. Improvements to the intersection should include, but not be limited to the following: 1. Illuminating the intersection at night. 2. Channelized turning movements at the intersections; and 3. Other safety improvements. All improvements should be made at no cost to the State and plans for construction work within the State highway right-of-way must be submitted to our Highways Division for review and approval. Please contact our Statewide Transportation Planning Office if you have any questions. (A-1.329 EXHIBIT Mr. Christopher J. Yuen STP 8.2057 Page 2 February 21, 2006 We appreciate the opportunity to provide our comments. Very truly yours, c 1 A O Director, sp tion KONATRAFFIC SAFETY C40""ITTEE 75-344 Nani Kailua Dr, Kailua-Kona, HI 96740 (808) 331-0441 March 2, 2006 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-033) Thomas E. Shockley Dear Mr. Yuen: The subject application for change of zone from A-20a to A-1 Oa to permit subdivision of approximately 21 acres in Kaloko Mauka into two, 10-acre lots, is yet another in a series of Kaloko Mauka rezonings that must not be considered in isolation because they have a cumulative effect on traffic conditions. As we noted in other rezoning applications for property in Kaloko Mauka, including Grover, Totah, Gesling, and Smith, which together account for at least 11 additional lots, each individual rezoning will probably have only minimal effect on traffic in the area, but when added to lots already approved and lots sure to be added in the future, traffic volume at the Kaloko Drive/Hwy 190 intersection will be severely affected. We continue to urge, therefore, that you carefully consider the cumulative effect of Kaloko Mauka rezoning applications on traffic volume and safety in evaluating this and other Kaloko Mauka applications. We've also remarked, in commenting on prior applications for rezoning in the area, that the applicants have, as here, observed that the Kaloko Drive/Hwy 190 Intersection needs to be improved, and that they will participate in the improvements. But, we've not yet learned if there is any timetable or plan for the needed improvements. So, what to do? Should we conduct business as usual and approve the rezoning, hoping that the County and State will, sometime in the future, perhaps after a fatal collision, decide that it's time to do something? Or, should we say, "Stop! No occupancy permits will issue in Kaloko Mauka until the needed traffic signal is installed and operating." Or better yet, we recommend that no subdivision approvals be granted until the County Council enacts an ordinance to require payment of impact fees. The County is out of compliance with the Statute that has required the ordinance for over 10 years. That, we believe, is the way to assure that vital infrastructure improvements that improve safety will be provided. We note also that rezoning is a privilege, not a right; a privilege that should be granted only if the benefit to the community outweighs the disadvantages. In this case, until the Kaloko Drive/Hwy 190 intersection is made safe, we fail to see the benefit to the community. EXHIBIT s-' Thank you for the opportunity to comment. Sincerely yours, Joel E. Gimpel Chair, Public Affairs Cc: Angel Pilago Pete Hoffman Virginia Isbell Bruce McClure 3 FM 2 19 Past Office Box, I101 M OOERS , ,,;n,,`j~MEW Kamuela, Hawaii 96743 E-+NTERPRMSE8;~ ' Y' -F 4xOP11 Phone (808) 880-1455 L'j f~H'1 Fax (808) 880-1456 Land Use Alternatives gmooersChawAii.rr.com March 2, 2006 Mr. Christopher Yuen Director, Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-33) Request: A-20a to A-10a Applicant: Thomas E. Shockley Tax Map Key: 7-3-48:05 Dear Mr. Yuen: Your staff has faxed me agencies' comments and asked that I respond. Department of Environmental Management: The applicant will comply with all regulations related to solid waste disposal. Police Department: The applicant agrees the intersection needs improvement as noted in the application. The applicant has stipulated that the impact related fees collected for this proposal would be dedicated to making these improvements. It is our understanding that the County administration's policy on concurrency does not apply to residential rezonings such as this one. Department of Health: The applicant will comply with all regulations of the Department of Health. If you have any questions, or if additional information is required, please contact me at 880-1455. Thank you for your prompt attention to this application. Sincerely, Gregory R. Mooers President GRM/sp EXHIBIT 011590 RShmkleyREZ.dm -3/8/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION THOMAS E. SHOCKLEY CHANGE OF ZONE APPLICATION (REZ 06-000033) 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 Agricultural 10-acre (A-10a) for approximately 21.389 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-IOa) for approximately 21.389 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the newly created 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 Agricultural 10-acre (A-10a) 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 -1- among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject area is designated Extensive Agricultural, which includes pasturage and range lands. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The property is unclassified by the Agricultural Lands in the State of Hawaii (ALISH) System. 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 northwest corner of the intersection of Huehue Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,600- foot elevation. Surrounding lands are zoned A-20a and 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 subdivision 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 Huehue Street, a 22-foot wide paved roadways with 8-foot grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway approximately five miles below the property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night -2- • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Similar comments have been received for other change of zone requests in the Kaloko Mauka Subdivision. The Department of Transportation, Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Department of Transportation's concerns. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the Extensive Agriculture designation by the General Plan LUPAG Map. 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, with the exception of the area cleared for the existing single-family dwelling, the site is heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 12 at approximately the 4,600-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. The property is located at the elevation recommended for preservation as a habitat for the'Alala. No comments were received from the Natural Resources Conservation Service and the U.S. Fish and Wildlife Service. As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The subject property, located at the 4,600-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within -4- Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 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 January 8, 2006, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." In addressing potential adverse visual impacts the clearing of the subject property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicant has proposed the following: • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines as a buffer between parcels; • a 100-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a preparation of a conservation plan for each subdivided -5- lot, and a "fair share" contribution to mitigate any potential impacts. The subject 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 nine miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. According to the applicant, water can be made available to the site. The applicant also states that the Department of Water Supply considers the Kaloko Mauka Water System a separate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,100-foot elevation. The reservoirs have a capacity of 500,000 gallons. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems for each lot, meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to the site. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal 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: According to the applicant, the parcel is located at the 4,600-foot elevation and -6- was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. In a letter dated February 22, 2006, the DLNR-HPD stated that "this property is situated in the highest elevation of Kaloko subdivision where previous archaeological studies have confirmed that historic properties are highly unlikely (Haun 2001; Nees & Williams 1995; Rechtman 2002). SHPD has previously addressed proposed projects at this elevation and determined sites are unlikely..." • 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: According to 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 Agricultural 10-acre (A-10a) 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. -7- CShmk1eyREZ-3/8/06 THOMAS E. SHOCKLEY CHANGE OF ZONE APPLICATION (REZ 06-000033) 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 100-foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and 3. a 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: I. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director -2- 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. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. 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. 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- 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 -3- 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 prior to receipt of Final Subdivision Approval. 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 $9,921.20 per additional lot. Based upon the applicant's representation of intent to subdivide and develop up to one additional lot, the indicated total fair share contribution is $9,921.20 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 Planning Director shall submit a final report to the County 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, 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 -4- 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- 4OV~YY_oI N4. 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 AGRICULTURAL (A-IOa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-048:005. 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, North Kona, Hawaii, shall be Agricultural (A-10a): Beginning at the Southwesterly comer of this parcel of land, being also the Southeasterly comer of Lot 1 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434), and being a point on the Northeasterly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 10,664.66 feet South and 9,196.08 feet East and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 1. 214° 30' 950.00 feet along Lot 1 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) to a point; 2. 182° 00' 235.00 feet along Lot 1 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) to a point; -1- 3. 271 ° 50' 692.97 feet along Lot 4 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) to a point; Thence, for the next four (4) courses following along the Westerly side of Huehue Street: 4. 1° 50' 231.54 feet to a point; Thence, following on a curve to the right with a radius of 960.00 feet, the chord azimuth and distance being: 5. 26° 40' 806.36 feet to a point; 6. 51 ° 30' 515.63 feet to a point; Thence, following on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 7. 88° 00' 59.48 feet to a point; 8. 124° 30' 493.40 feet along the Northeasterly side of Kaloko Drive to the point of beginning and containing an area of 21.389 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. -2- 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: -3- A-20a pa FOREST A-20a RESERVE A-30a R ~ Oa ~~Fn -AGti1CULTURA ( a)TO AGRICU RAL a) s ~AM4ar 1389 A ES M43T / \ Oa A-20a - 0Fy Oa P A-10e ~ A40a 7 / / /~-20a yq! A A-20a A-2pa l f\- A-10a A-f0a R-20a Marcy 'c A-70a HST A-10a - ' 10,664.66S f 9,196.08 E A-20a om / q "MOANU(AHEA" j- Q A- a RODR AOa Y w ~A-20a A-f0a A-20a i ~A~Sa~ ~ A-20a A-10a A-7a i A-5a 11A Sr A-5a 10a A-20a a q- a -/a A-LO 7 a 0 E-~ F 3a 1 3e-~ A-5a h c A-20a, / !d/ ryA-3a iAla- - FA 5a A-200 A-20a 2,250 1,125 0 - 2250 41500 6,750 9,000 11 peel 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 AGRICULTURAL (A-10a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK'. 7-3-048:005 Date: Februa 9, 200 EXHIBIT "A" (Thomas E. Shockley: 1194)