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Communication 907 <br /> Bill 291 <br /> Page 3 of 4 <br /> • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised <br /> Statutes relating to Coastal Zone Management as the subject property is located <br /> approximately nine (9) miles mauka of the shoreline and will not be impacted by <br /> coastal hazard and beach erosion. <br /> • No valued cultural, historical or natural resources exist on the property and there is <br /> no evidence of any traditional and customary native Hawaiian rights being practiced <br /> on the subject property. <br /> 6. Requisite of the Planning Director's favorable recommendation for the Change of <br /> Zone request, aze fourteen conditions contained in Bill No. 291 that provide, in part, as <br /> follows: <br /> • Special setbacks and forest reserve easements in perpetuity to protect and maintain <br /> naturally forested areas. <br /> • Restrictive covenants in deeds specifying no less than 80% of the entire lot azea shall <br /> be retained in forest. <br /> • Restrictive covenant in deeds setting forth that zoning ordinance prohibits <br /> construction of a second dwelling and condominium regimes on each lot. <br /> • A forestation management plan, drainage study and fair shaze contribution to mitigate <br /> potential regional impacts of the subject property with respect to roads. <br /> At the June 20, 2006 Planning Committee meeting, public testimony was received from Lisa <br /> Choquette, co-owner of applicant's property at Kaloko Mauka. Ms. Choquette stated she is <br /> divorced from applicant but that they would like to divide the joint and asked the committee for <br /> its favorable consideration of her ex-husband's application for rezoning. <br /> Council Member Fred Holschuh stated his support of applicant's rezoning request and <br /> noted his recollection of applicant and Ms. Choquette presenting testimony in Hilo when <br /> Kaloko Mauka Subdivision rezoning applications for Mr. Totah and Mr. Giesling were <br /> being considered. <br /> Council Member Bob Jacobson stated he has consistently opposed cutting up lands in <br /> <br /> Kaloko and it now seemed the council is being asked to permit a rezoning because of a <br /> divorce. <br /> Committee Vice Chair Pete Hoffmann stated that this application is wrong, that it <br /> <br /> involves property at the 4,600 elevation, is within the watershed area and reiterated his <br /> <br /> opinion that Kaloko rezonings shouldn't have been allowed in the first place and should <br /> <br /> not be allowed now. Mr. Hoffmann noted that this application is the fifth or sixth that <br /> <br /> has come before this committee concerning Kaloko Mauka Subdivision and cannot <br /> <br /> imagine allowing this particular rezoning due to someone getting a divorce. <br /> PC REPORT NO. 92 <br /> <br />