REP PC 071 05/01/2006 2004-2006 - Laserfiche WebLink

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Communication 763 Bill 247 Page 3 of 5 State of Hawaii (ALISH) System classifies soils within the subject property as Other Important Agricultural Lands. These lands include lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not located within the Special Management Area. The site is located approximately seven miles mauka of the shoreline and therefore, will not be impacted by coastal hazard and beach erosion. • There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua`a was conducted in 1970 and 1971. In addition, the National Park Service published a report in 1991 titled "An Ahupua`a Study: The ]971 Archaeological Work at Kaloko Ahupua`a, North Kona." The study identified remains of an agricultural field system up to the 3,500-foot elevation. • With regard to valued cultural, historical and natural resources found in the rezoning area, in similar rezoning in the Kaloko Mauka Subdivision, the State Department of Land and Natural Resources Historic Preservation Division has stated that the likelihood of historic sites is extremely low due to elevation and terrain and no historic properties will be affected by this undertaking. Native plants may be destroyed by construction or ground alteration, however, there is no evidence that the flora in the area are particularly desired or used for cultural purposes. • Requisite of the Planning Director's favorable recommendation for the Change of Zone request, are fourteen Conditions contained in Bill No. 247 that are necessary to prevent circumstances that may be adverse to public health, safety and welfare as well as are reasonably conceived to fulfill the needs of the public. Condition F prohibits construction of a second dwelling unit and condominium property regimes on each lot, including Lot 1 and Condition G requires a Forest Management Plan that shall govern each lot for a period of fifty (50) years. At the May I, 2006 Committee on Planning meeting public testimony in Hilo was received from Mr. Joseph Fagundes who testified in support of this application for change of zone. At the Kona Council office, public testimony was presented by Joel Gimpel, representing the Kona Traffic and Safety Committee, in opposition to the proposed application. Council Member Bob Jacobson stated he can't favor breaking a 20-acre parcel into two lots, much less 7 within this forest area and based on his death by a thousand cuts argument, cannot support this measure. Council Member Ikeda introduced Draft 2 of Bill 247 but stated he also wanted to amend to a draft 3. Mr. Ikeda stated stated that Director Yuen wanted Draft 2 changed to reflect that a building permit to construct a residence will not be issued until improvements to the intersection at Mamalahoa Highway and Kaloko Drive are completed. The amendment would also reflect that if the intersection improvements were not completed within 24 months from the date the ordinance is adopted, the applicant shall be allowed to proceed with obtaining building permits. Mr. Ikeda stated the amendment noted in Draft 3 would allow fees to be collected whereas, the previous amendment (Draft 2) fees could not be collected. It is Mr. Ikeda's understanding from discussions with Director Yuen that by allowing applicant the subdivision request but not allowing applicant to build, the County would be able collect the fees to make improvements to the Kaloko Drive intersection. PC REPORT NO. 71