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HomeMy WebLinkAboutCOM 0004.000 2006-2008 MtV Of H,~ O~ ' ~q Harry Kim Dixie Kaetsu 1~66e. Mnyor Mrtnnging Director ~r t~ a Barbara Kossow Sri or~e~'~ Deputy Mnnnging Director County of Hawaii 25 Aupuni Sheet, Room 215 Hilo, Hawai' i 96720-4252 (808) 961 S21 1 Fax (808) 961 b553 KONA: 75-570b Kuakini Highway, Sui[e 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 rv s:: c~i 4„~ November 13, 2006 r-~ CJ: y^1 Honorable Stacy Higa, Chairman and Members of the County Council tp County of Hawaii _ 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (REZ 06-000046) Applicant: C&R Development, LLC Request: ML-la toMCX-la T//ax Map Key: 7-3-51:96 ?Change of Zone Application (REZ 06-000048) Applicant: Winton Nicholson Request: A-20a to A-l0a Tax Map Kev: 7-3-27:14 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~~b Harry Kim Mayor Enclosures Comm, pJp, cc: Planning Department Re{, To: ~ \ Ref. Uate NOVA-- .~1~TY 0! yu •••M~Oi~M~'~' County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Sui[e 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 November 13, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ 06-000048) Applicant: Winton Nicholson Request: A-20ato A-l0a Tax Map Key: 7-3-27:14 The Planning Commission, after a duly held public hearing on October 27, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.088 acres of land. The property is located along the southwest side of Kaloko Drive, approximately 300 feet west of the Kaloko Drive-Keanaaina Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.088 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 each lot. Each dwelling is estimated to cost approximately $450,000. 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 Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) district will conform to the goals, policies and standards of the Genera] Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated Important Agricultural Land for the lower portion of the property, and Extensive Agriculture for the mauka portion of the property. Important Agricultural Lands aze "those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Extensive Agriculture aze "lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate." Other less intensive agricultural uses such as grazing and pasture maybe included in this category. 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 majority of 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-yeaz flood plain. The property is located on the southwest side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,200-foot elevation. Surrounding lands are zoned Agricultura120-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 at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the subject property is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within 80-foot right-of--ways. Kaloko Drive Stacy Higa, Chairman and Members of the County Council Page 3 intersects with the Mamalahoa Highway approximately 3.5 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. In prior rezonings within the subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements. The DOT has further stated that 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. 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 aze essential since similar change of zones 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 current designations by the General Plan LUPAG Map. The proposed subdivision would be compatible with the rural chazacter 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, the site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous rezonings will assure the continuation of habitat for existing wildlife. Stacy Higa, Chairman and Members of the County Council Page 4 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 10 at approximately the 4,200-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 pazt of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Reseazch 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 azea. The Kona Watershed, which provides for the rechazge 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. The subject property, located at the 4,200-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water rechazge azea, 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 site. There have been several archaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According Stacy Higa, Chairman and Members of the County Council Page 5 to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated July 6, 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 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 eight 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 property 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 Stacy Higa, Chairman and Members of the County Council Page 6 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 azea: According to the applicant, the parcel is located at the 4,200-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. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. According to the applicant, there is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to yrotect native Hawaiian rights: 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 Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) 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. Kimo Alameda, Chairman Planning Commission Lnicholson02PC Enclosures cc: Mr. Gregory R. Mooers Mr. Winton Nicholson Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BNicholsonRF.Z.doc-9/29/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WINTON NICHOLSON CHANGE OF ZONE APPLICATION (REZ 06-000048) WINTON NICHOLSON has spbmitted an application for a Change of Zone from Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.088 acres of land. The property is located along the southwest side of Kaloko Drive, approximately 300 feet west of the Kaloko Drive - Keaanaaina Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-27: 14. PROPOSED ACTION 1. Request: Change of Zone from Agricultural 20-acre (A-20x) 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 each lot. Each dwelling is estimated to cost approximately $450,000. (Exhibit 1-Change of Zone Application) 2. Landowners: Winton Nicholson, Came-Ann Nicholson and Gail Elaine Nicholson. STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Important Agricultural Land and Extensive Agriculture. 5. County Zoning: Agricultural 20-acre (A-20x). 6. Coastal Zone Management, HRS, Chapter 205A: The emire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately eight (8) miles mauka of the shoreline at the 4,200-foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 7. Special Mauagement 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, the proposed use will not negatively affect recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, Attach: Cann. 4 Bill 2 marine resources or other natural and environmental resources in the area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is an approximately 21.088-acre vacant parcel located on the southwest side of Kaloko Drive in the Kaloko Mauka Subdivision at the 4,200- foot elevation. The site is heavily forested with slopes of 6-20%. 9. Surrounding Zoning(Land Uses: 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 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: Other Important Agricultural Land and 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 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. 'Aisle 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 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 -2- 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 10, at approximately the 4,200-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. ArchaeologicaVHistorical Resources: According to the applicant, the parcel is located at the 4,200-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated July 6, 2006, the applicant has requested a letter of "no effect" from the State DLNR Historic Preservation Division. 17. Cultural Resources: According to the landowners and neighboring property owners, 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. PUBLIC UTILTTIES AND SERVICES 20. Access: Access to the subject property is proposed from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 3. S mites below the property. 21. Water: According to the Department of Water Supply, water can be made available from a 6-inch waterline on Kaloko Drive. 22. Wastewater: The applicant proposes to use individual wastewater systems meeting the standards and requirements of the State Department of Health. -3- a 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 five miles southwest of the site. Kealakehe Elementary, Intermediate and High Schools are located approximately 4.5 miles south of the property. AGENCIES' COMMENTS 24. Department of Public Works: Exhibit 2 -August 28, 2006 memo 25. Police Department: Exhibit 3 -August 24, 2006 memo 26. Fire Department: Exhibit 4 -August 22, 2006 memo 27. Department of Water Supply: Exhibit 5 -September 6, 2006 memo 28. Department of Land and Natural Resources Historic Preservation Division: Exhibit 6 - September 13, 20061etter 29. Department of Health: Exhibit 7 -September 8, 2006 memo AGENCIES - NO RESPONSES 30. Department of Environmental Management, Department of Land and Natural Resources Land Division, Department of Transportation, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES 31. Exhibit 8 -September 4, 20061etter PUBLIC COMMENTS 32. None as of this writing. -a- Post Office Box 1101 ~OOERS Kamuela, Hawaii 96743 ENTERPRISES LLC Phone (808) 8$0-1455 ~ Fax {808} 880-1456 Land Use AZte172Rt[ves gmooers@hawaii.rr.mm APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-l0a) APPLICANT: Winton Nicholson TAX MAP KEY: (3) 7-3-027:014 Kaloko Mauka Subdivision Kaloko, North Kona, Island of Hawaii, Hawaii Submitted by: Mooers Enterprises, LLC July 31, 2006 EXHIBIT ` Nicholson Change of Zone Application anrF is " ~1 p' ~ ? TABLE OF CONTENTS _ _ :i ~;1 ~ ,....~,i Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development 1 B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation 3 3. Applicable Goals/Policies and Objectives of the General Plan........ 3 4. General Plan Designation 6 5. County Zoning Code 6 6. Community Development Plan 6 7. Special Management Area 6 8. Chapter 205A: Coastal Zone Management Act 6 9. Mountain Access 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 D. PUBLIC FACILITIES AND SERVICES Access 12 i ` Nicholson Change of Zone Application Water Service 12 Wastewater 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.• 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. Site Photographs ii CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Winton Nicholson , / APPLICANT'S SIGNATURE: ~ /U!~'+--~ DATE: ADDRESS: 75-6105 Akoa Street Kailua-Kona, Hawaii 96740 LIST' APPLICANT'S INTEREST IF NOT OWNER: Co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 896-9748 (Res.) (Fax)331-1522 LANDOWNER(S): Winton Nicholson, Came Nicholson awn jd~G~ail Nicholson lp~ .m~~ LANDOWNER SIGNATURE(S): G~I/l~--LR~~iY,LE°~~ DATE: LANDOWNER(S) ADDRESS: Same as above(May be by letter) ` REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 10-acres (A-l0a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-027:o1a STREET ADDRESS OF PROPERTY: 73-2500 Katoko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.088 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 880-1455 (Res.)88o-1454 (F~)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Winton Nicholson (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I• If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 21.088acre b. Into what lot sizes? l0+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 months d. Do you intend to build houses on the newly created lots? yes If please answer the following questions: On how many of those lots? 2 At what approximate price range? House $450,000 Lat Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? lyear 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? Se11 or lease the land to someone who has no plans? d. Keep it? e. P. D, 2 5/89 l If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will create 1 additional residential-agricultural lot in the North Kona azea. 9. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 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? Yes What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d, Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No 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. 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 Peel will be needed in the subject area when developed? Yes No a. Schools X b. Roads R ~ Sewer % d. Drainage R -3- Yes No e. Police Protection X f. Fire Protection X X g, Recreational Facilities X h. Public Utilities X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The intersection of Kaloko Drive and Mamalahoa Highway needs to be improved. Signature: ~~Nl~`-~tY~l? .~/~~~ti~7~ Address : 75-6105 Akoa Street, Kailua-Kona, Hawaii 96740 Telephone: 896-9748 Date: -9- Nicholson Change of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a) to Agricultura110-acres (A-l0a) APPLICANT: Winton Nicholson TAX MAP KEY: (3) 7-3-027:014 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 21.088 acre vacant pazcel located on the east side of Kaloko Drive at approximately the 4100 feet elevation. It is identified as Lot 2, Block 10, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. 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 in conformance Council Resolution No. 58 97. These lots are intended to be residential/agricultural lots for the applicant himself and his mother, the co-owner. c. Number of acres: 21.088 acres aze covered by this request. d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to subdivide the existing lot into two 10+ acre 1 Nicholson Change of Zone Application parcels in conformance with Council Resolution No. 58 97. It is proposed that the lots will have similaz conditions as those placed on other rezoned lots in the Kaloko Mauka subdivision. The conditions have included a 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; a 30-foot "forest reserve easement" along all lot lines not covered by the 100- foot easement; and a 100-foot wide structural setback in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that, including the azea 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 a8er the change of zone is completed. The estimated cost of the houses is approximately $450,000 each £ 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. g. Traffic Impacts: The applicants believe 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. 2 _ _ _ Nicholson Change of Zone Application 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. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of 3 Nicholson Change of Zone Application 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 of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. 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 Nicholson 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 of public services and utilities, access, and public need (1) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. GOALS 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. 5 Nicholson 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: Agricultura120-acre (A-20a). This request is consistent with Hawaii County Council Resolution No. 58 97. (See Exhibit A). 6. Community Development Plan: This azea 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 8 miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 9. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these areas will be impacted by the proposed action. 6 Nicholson Change of Zone Application C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 10. Description of subject property: The subject property is a 21.088 acre vacant pazcel located on the east side of Kaloko Drive at approximately the 4100 feet elevation. It is identified as Lot 2, Block 10, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There aze no structures on the property. 11. Lava Hazard Zone: The United States Department of the Interior/ Geologic Survey designates this azea 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." 12. Distance from coastline: The subject property is approximately 8 miles east of the coastline at Puhili Point. 13. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Soils within the subject property are classified as "Other important Agricultural Lands" by the ALISH system. 14. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kiloa Extremely Stony Muck (rKXD), 6 to 20 percent slopes. 7 Nicholson Change of Zone Application 15. The Land Study Bureau soil rating: Soils within the subject property aze classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dazk brown; pazent material- A'aand volcanic ash; stoniness-shazp lava clinkers; drainage-very well drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine tilling. 16. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500-year flood plain. 17. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. 18. Air/noise/water quality: The air quality is excellent as there are no industrial uses in the azea and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area as such there is little noise pollution. The water to the site is provided by the Department of Water Supply and meets all EPA guidelines. Historic Resources: 19. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested azea above the 3800 foot elevation within the boundaries of apre-contact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. Additionally, the National Pazk Service published a report in 1991 entitled "An Ahupuaa Study: The 1971 Archaeological Work 8 Nicholson Change of Zone Application 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 properly in either the National or State Register. The applicant has written to DLNR-SHPD requesting a determination of "no-effect" on historic resources for the proposed change of zone. Please see the exhibits for a copy of this letter. SHPD has granted these letters of determination for most lots in the area of the subject property. Natural Resources: 20. Existing floraUfaunal resources: The site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife seen at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native. The proposed development has the potential to alter the mixture of plant life, however the low density of development and previously applied zoning conditions will assure continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the Alala, an endangered bird whose population has reached an extremely critical state. The central Kona azea 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. 21. Cultural Resources: According to the owners and neighboring property owners, no valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional 9 Nicholson Change of Zone Application and customary native Hawaiian rights aze exercised, the proposed actions will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 22. Scenic or coastal resources: The property is located 8 miles east of the shoreline and will not impact on coastal resources. As the subject pazcel is heavily forested, there aze 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: 23. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West 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 composifion of the Kalaoa at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 24. Economic resources of the area: Aside from a few nurseries and small scale agricultural endeavors within the subdivision, the surrounding areas are used for pasture lands by various ranches and much of the land in the area is left undisturbed for forestry. 25. Land values: According to prominent Realtors in the azea, the land values in this subdivision have increased dramatically over the past few yeazs. 10 Nicholson Change of Zone Application Surrounding lands: 26. Land use: The properties immediately surrounding the subject parcel within the Kaloko Mauka Subdivision aze low-density residential lots with minimal clearing of the natural forest. There are some small pasture and nursery azeas within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are native forest. The Kamehameha Schools' 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. 27. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-20a and A-l0a to the north and A-20a elsewhere. Properties within the subdivision at lower elevations aze zoned FA-3a and A-Sa. D. PUBLIC FACILITIES AND SERVICES 28. Descripfion of access: The access to the subject property is from Kaloko Drive a 22 foot wide paved roadway with 8 foot grass shoulders within a 80 foot right-of--way. Kaloko Drive intersects with Mamalahoa Highway approximately 3.5 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. 29. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water 11 Nicholson Change of Zone Application Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural uses as the annual rainfall is adequate for these purposes. 30. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 31. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service. The applicant intends to use this existing transfer station for both lots. 32. Police and fire protection: This area is served by police and fire stations located approximately 5.5 miles to the southwest of the site in Kailua and Kealakehe. All roadways aze paved, with adequate width and aze accessible for emergency service vehicles. 33. Schools: The project site is located about 4.5 miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 34. Parks: There is a County Parks and Recreation gym and park facility at the Old Airport Pazk in Kailua approximately 6 miles from the subject pazcel. 35. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. 12 Nicholson Change of Zone Application 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 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 not covered by the 100-foot easement, as a buffer between pazcels. d. At least 80% of the lot azea shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. £ A conservation plan shall be prepared for each of the subdivided lots. g. A "fair shaze" 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 13 Nicholson Change of Zone Application would not allow the development of agricultural lots for residential uses, forestry and agriculture. It would also not increase the real property tax base as the proposed action would. It would not provide protection to the native forest affordable by the conditions cited above. 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. 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. 14 Nicholson Change of Zone Application EXHIBIT A Resolution No. 58 97 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. ~ 8 9 7 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WiTHiN THE KALOKO MAUKA SUBDIVISION WHEREAS, the Council adapted Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-toot elevation above sea ?evel elsewhere i» the districts of North and South Kona shall be reclassified to any zone: district having a minimum lot size of less than twenty acres; end WHEREAS, shortly after the adoption ofResolution No.330-96, the Council approved two change of zone requesu for A-l0a lots above the 3,000-foot elevation with more stringent requiremenu 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 reasoac; and WHEREAS, the Council fords that a maximum density of two dwellings per tweny acres for lands within the Kaloko ivtauka 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 dettsiry pattern: A. Fitut Subdivision Approval of the proposed agricultural subdivision shall be secured from the Plantting Director within five (S) years from the effective date of this ordirtatue. The applicant stroll reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naNrally forested areas and shall delineate sucL easements and setbacks on plans submitted for subdivision review: I. A 10Q-foot wide "forest reserve easement" along the existing public street hostage of the subject property, exclusive of access points permitted by the Depatvment of Public FVorks; 2. A 30.foot "forest reserve easemeaC along all tot Lines not covered by the t00- footeasement; and 3. A 100-foot wide structural setback in Iteu of the required 30-foot setback along the existing property's n,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 cortstroction of a second dwelling unit oa 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 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. D. A forest management plan for the proposed lots within the subject property shall be prepared and sulitnitted for review and approval by the Platusing Duector in consultation with the Sute Deparmteat o[ Lard and Natural Resources, the Stau Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management play shall require the following: 1. Include at mittitnttm, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, including thou of the State Department of baud and Natural Resources, such as rho 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 whicD shall be recorded with the State of Hawaii Bureau of Conveyances sad/or Land Cotut. A copy of the covenants to be recorded shall be submitted to the Ylanuing Director for review and approval prior to the issuatxe 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 t~,e 'crest trtanagement plan or the tccording of the restrictive covenant(s), the refoxstation program for any cleated or grubbed area(s) in excess of the ZO% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. 4. This forest tttaaagement plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination tray be considered afar the 50-year period has elapsed by amending this ordinance requiring County Couttci! approval by ordinance. TIiER.EFORE, 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 met. BE IT RESOLVED that the Clerk of the Cowry of Hawaii transmit copies of this resolution to Stephen K. Yamashim, Mayor; Kevin Balog, Planning Commission Chairman; and Virgittja Goldstein, Planning Director. Da[ed: Hilo, Hawaii, this 2r~_ day of ,7une _ , 1997. TNTRODUCED UN IL MBER. COUNTY OF HAWAII 01LVCE3 COUIYTIt COUNCII. ROLL CALL VOTE CouDty o[Haw~aii AYES NOES A85 EX Hilo, 8arvail X ' X Aerebr certify that the totetotsg RESOLiTIiON was by the tarrtawD.roDD X . oce iadtuted to tae right tutmt adoptee Or tLe CO1TNCa- of toe MY X County of 8awtdi os June 2. 1997 asYnor.us X X A7-fEST: snore 1( tr.r:tt X . Y.~.NC j( g 0 1 0 ,L~ Rckrena /PC-53 C~~ (t(( CgAIRN(AM d~ pAES>pQiG OFFICER RESOLt1T10N NO. J 8 g 7 (DP.AFT 3 Nicholson Change of Zone Application EXHIBIT B Location/Vicinity Maps Nicholson Change of Zone Application i J r Fi h i~yB si.YJ )nn.w~ V ~ pU • ?r ~ yip ~ / I~. J - a ~ M n. f~0 -V ~'a.~ ~ ~ u ® ~ J h o e,.,. .oos=.,t N^ ~ yf~oy nn~l ~ rO Yaoes e a ~ r.. Y nY~~o \O~® m r a ~ ~ ~ P O Mfr @ N !V e° 9 Y ~ i ,,.,,D a>. ~ o r a ..t-- y 0 . I ~ - _ O Y, ~ ~ a ? o O ~ O ~ ~N ~ +~i N ac ~ 7`X~ O i~ p' ~•r` ~ q • ~ ~ ~ a ' ~ ° I° ° O'er ~ " C 4 i I+' t ao° `I~ 76 N ' +,e~>.,. N Q : O i j r O ~ ° r2 eF + M ~ ~ N 1 ° C ° f 9 s ~ ~ L S P i0 M ~ ° C A u ~ .n N~ )InWf1p O r ~I • _ h YW ? a 1 !ar ~t O A ~ n Y~ ~ O • ~ ©i V7 ~ ~ ~ tp O r l) `9 ~ ~ a ~ en , : $ m A ~ Y o _ ~ M i i , a° • y Sa. a ~ ` ° L to L 7aaUS '000-F,-L£ - 8fi-L66L 'IH 'Ilen~eH Nicholson Change of Zone Application OR~~ ~RJ~~ ,1• ~ BLOCK s HALEAMAU STREET I! Sc~E. ~ ~Q 0 -~o 0 F o BLOCK 7 -t' BLOC \ 9 r ~ R` E KAPEHE STREET 0 0 ~ KEANAAINA STREET Y~'~' BLOCK 11 BLOCK 10 BL CK 12 SIJB~/ECT PARCEL HUEHUE\TREET \ BLOC \i3 ~ VICINITY MAP SCALE: 1 /NCH = 2,000 FEET ' Nicholson Change of Zone Application EXHIBIT C Change of Zone Exhibit r Nicholson Change of Zone Application EXHIBIT D "No Effect" Request from the State Historic Preservation Division P(xst QItICC L30S I ItJI T ~O(~~~~ 1Camuela, Hawaii 9674:3 ENTERPRISES LLC Phone (8083 RRO-14ss i Fax (80A} 880-145(1 Land U`se Alternatives IvnnuersChaw•t~ii:rr:ccm July 6, 2006 Julie Taomia, Ph.D. ~a Q State Historic Preservation Division 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Reports TMK: (3) 7-3-27:14 (Nicholson) Kaloko Mauka Subdivision Kaloko, North Kona, Hawaii Julie: 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 4100 feet, it has been previously thought there would be no features present. I would like a letter from youroffice 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. 1 appreciate your prompt response to this letter. Sinc ely, J'~'Y~ilpGt.a- Grego ooers President GItM:jy DEPARTMENT OF PUBLIC WORKS ry i~ r~~; t, COUNTY OF HAWAI! E~~~ ~tl.,u HILO, HAWAII =;~jT i~ir, ~ ~ 'x,11 {~iyvi ; , , DATE: August 28, 2006 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chie1~ Engineering Division SUBJECT : Change of Zone Application (REZ O6-000048) Applicant: Winton Nicholson Location: Kaloko, N. Kona TMK: 3 / 7-3-27: 014 We reviewed the subject application for change of zone from A-20a to A-10a and our comments are as follows: 1. Atl earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. Access to a County Street including the provision of adequate sight distances, shall comply with Chapter 22 of Hawaii County Code and the approval of DPW. 3. Unless further rezoning to smaller lots is prohibited, access to Kaloko Drive should be limited to one combined approach. If further rezoning is prohibited, we have no objection to one approach per subdivided lot. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. An account for improvement of the Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA EXHIBIT MTV os Nu Harry Kin}, p -~1~, q ~ ~,c~ -:4a Lawrence K.Mahuna Mayor r~~_ f ~ s~'~ I ~ ~ ~ P Police Chief r r. i t_ vv': d l ( t.. r . w~~li Harry S. Kubojiri Deputy Police Chiej County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 (808)935-3311 Fax (808) 961-2389 August 24, 2006 TO TOPHER J YUEN, PLANNING DIRECTOR FROM . K CTING POLICE CHIEF SUBJECT: Change of Zone Application (REZ 06-00048) Applicant: Winton Nicholson Request: A-20a to A-3a TMK: 7-3-27:14 Staff has reviewed the above-referenced application and submits the following comments. Staff maintains that until such time as adequate roads are built to support the ever-growing population, construction, and additional vehicles on our roadways, additional development must adhere to the County's proposed policy on the principle of concurrency. Major concerns on any further subdividing in Kaloko Mauka deal with traffic issues. The Kaloko/Mamalahoa Highway intersection needs to be improved. In addition, this section of Mamalahoa Highway is bumper-to-bumper during both the morning and afternoon hours heading into Kailua-Kona. Any further subdividing in this area without creating additional north-to-south connector roads will only add to the existing congestion. Should you have any questions, please contact Major John Dawrs,. Area II Operations, at 326-4646, extension 299. EXHIBIT ~s~s~~ 3 "Hawai'i County is an Equal Opportunity Rovider and Employer" ~NSV as . Harry9r7~~~,-[,'(+ Darryl J. Oliveira MaJaNlfp I~it1(j ~1'~ t~ Pire Caief •r y• Desmond K. Wety I-'i f «-i``!'r ~•e•r NPN Depary Fve Ckiej i,-iJlli t;i ~i vi-- F;t i;~,r'i ~vutttp of ~~bu~i`i FIRE DEPARTMENT 25 Aupuol Street • Suite 103 • Hilq Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 August 22, 2006 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000048) APPLICANT: WINTON NICHOLSON REQUEST: A-20a to A~a TAX MAP KEY: 7-3-27-14 In regards to the above-mentioned change of zone application, we offer the following response: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. - "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. " 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT o~t.s8Q2 ~pN COLya t Hawai i County is an Equal Opportunity Provider and Employer. Christopher J. Yuen August 22, 2006 Page 2 " 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section maybe modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road maybe impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county }urisdiction. "(d) Vertical Clearance. Fire appazatus access roads shall have an unobstructed vertical cleazance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical cleazance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs aze installed and maintained indicating the established vertical clearance. "(e) Permissible Modit`ications. Vertical clearances or widths required by this section maybe increased when, in the opinion of the chief, vertical cleazances or widths are not adequate to provide fire appazatus access. "(i) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire appazatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using Christopher J. Yuen August 22, 2006 Page 3 designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any mauner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." ARR OLIVEIRA Fire Chief AYapc e1 wnrF,ra o~`~. Opq'i Leal Gl-I U r ! I r" ij 19 DEPARTM'€~l`T`O'F, WA7~!R'"5`ITPPLY COUNTY OF HAWAII om4 ~ ~~O~BeW1.19 341i~~~~~AtT'A ~~`a~~E1'~ SUITE 20 HILO, HAWAI'1 98720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 September 6, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000048) APPLICANT - WINTON NICHOLSON REQUEST: A-20A TO A-l0A TAX MAP KEY 7-3-027:014 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline within Kaloko Drive fronting the subject parcel. The subject parcel is currently .served by a %-inch meter, which is limited to one unit of water, or a maximum of 600 gallons per day, and suitable for only one single-family dwelling. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment may be issued. Based on the one additional lot requested in the proposed Change of Zone Application, the required water commitment deposit is $150.00. Remittance of the $150.00 water commitment deposit is requested as soon as possible so that a water commitment may be Formally effected. The commitment will be in writing with specific dates and conditions stated. Upon receipt of the water commitment deposit, we will provide our requirements for water service, applicable facilities charges due, and other conditions for final subdivision approval. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerel yours, ``t ilton Pavao, P.E. ' Mana er FM:sco EXHIBIT copy - Mr. Winton Nicholson Mooers Enterprises, LLC ~ / / S UUater brinc~~ ~roc~re6~... r!_ The Department of Water Supply is an Equal Opportunity provider antl employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th antl Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) PET F,R T. YOUNG <F' ~ ~:-~9 cHAIRPERS°rv WNDA LINGLE P/~~ 956 n W BogRDOFIN'D ntm NanlRgLRESaUROE$ GOVERNOR OF {IA WAIT LA'/ y l- LOMh11$$ION ON WATER RF$OVRCE MANAGEMFKF %i,l „1 C!'D f ~ :^I-~ ROBERT K. MASUDA . - pI:PInY DRVCIOR.IAAD Band and Na ! ° Qy UEAN NAKANO ~C a? _ a d' gCTMG IIEPUTY U@ECTIIR-WAI4R y L%v,l 4p~°'.®'~w ~Pe-~'° AQUgnc RESOURCFs ~ ~ B°giMG AND CCEAN RECREATION BVREAV OF CONT'EYANCE$ COMMI$$ION ON WATER RE$OURCF MANgGF:MENT STATE OF HAWAII CDKSERVaTI°N ANDCGA$TAI. LgND3 CONSERVATIONANU RESOURCES ENFORCEA~NT Sr aw DEPARTMENT OF LAND AND NATURAL RESOURCES FGRES n°v°~.wE"w i'ULo--~ arp Gl Maw HISTORIC PRESERVAiI°N KAHWLA WE I$LANU RESERVE COMMSSION STATE HISTORIC PRESERVATION DIVISION LMN 601 KAMOKILA BOULEVARD, ROOM SSS sTare Paarcs KAPOLEI, HAWAII 96707 September 13, 2006 Mr. Christopher Yuen LOG NO: 20063001 Planning Department DOC NO: 0609JT17 County of Hawaii Archaeology 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Mr. Yuen: SUBJECT: Chapter 6E-42 Historic Preservation Review (County/Public Works) - Request for Determination of No Historic Properties Kaloko Ahupua`a, North Kona District, Island of Hawaii TMK: t3) 7-3-027: 014 This project regards a change of zone request for 21 acres in Kaloko Mauka from A-20a to A-10a. 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: Parcels in the immediate vicinity of the project area have been identified as having na historic properties, or are unlikely to contain historic properties. Archaeological inventory surveys have only identified sites at lower elevations.. 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) 327-3691. Aloha, t" f - - Me nie Chinen, Administrator e Historic Preservation Division JT:gvf EXHIBIT ~1 `~'S~:3 _ LINDA LINGLE CHIYOME L. FUKINO, M.D. { M9 GOVERNOR A~'~ ,asc ~ Director o(Health !ryfi~ee i ~ f GUU S~f ' ( C!r' L J _ ~ o® ;:ial!i ~ I r-:`;~,i~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-D916 MEMORANDUM DATE: September 8, 2006 TO: Christopher J. Yuen Planning Director, Countyii,,of Hawaii FROM: Donn A. Hashimoto ~t4- Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000048) Applicant: Winton Nicholson Request: A-20a to A-3a Tax Map Key: 7-3-27:14 Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system which provides water for human consumption through pipe or other constructed conveyance if such system has fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring, The EXHIBIT 0193s~ 7 Christopher J. Yuen Page 2 of 4 September 8, 2006 Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on August 10, 2006. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at http://www.hawaii. gov/healtl>/environmental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httn: //www. hawai i. ¢ov/health/enviromnental/water/cleanwater/forms/genl -index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a - Christopher J. Yuen Page 3 of 4 September 8, 2006 contiguous area where multiple separate and distinct construction activities maybe taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulls stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. _Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 2. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 3. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. - Christopher J. Yuen Page 4 of 4 September 8, 2006 Hawaii Revised Statutes, Subsection 342D-5O(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. WORD:REZ 06-000048.my 1'~ast. Q£fice L3ox 1101 ©Q)~~J ~ ~ r=fVT 1<amuela, Flawaii 9743 vU',~ i, ,,,ail Pi~c~~ne (t30$) SRO-1455 E+ NTERPRI$ES ~ LLG`~ Aax {808} A80-1456 .Land Use Alternatives bRncaciersCliawaSi.rr.com September 4, 2006 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawau 96720 Re: Change of Zone Application (REZ 06-48) s Request: A-20a to A-l0a Applicant: Winton Nicholson Tag Map Key: 7-3-27:14 Dear Mr. Yuen: Police Department: The applicant agrees the intersection of Kaloko Drive and Mamalahoa Highway 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 ouc understanding that the County administration's policy on concurrency does not apply to residential rezonings such as this one. Department of Transportation: We agree with the Department that improvements to the intersection at Kaloko Drive and Mamalahoa Highway need to be made. 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 funds have been collected that are adequate to make necessary improvements and that the County is working with DOT to approve plans for these improvements. Department of Public Works: The applicant will comply with regulations related to erosion and sediment control and sight distance requirements. The applicant has stipulated in the application that he will contribute toward the improvement to the intersection of Kaloko Drive and Mamalahoa Highway. Fire Department: The applicant will comply with all provisions of the Fire Code. EX 8 BIT Mr. Chris Yuen September 4, 2006 Page Two 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, 1 Y Greg . Mooers President GRM/sp RNird~olsonRF,Z.doc -9/29/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WINTON NICHOLSON CHANGE OF ZONE APPLICATION (REZ 06-0000481 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 Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 21.088 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 Agricultura120-acre (A-20x) to Agricultural 10-acre (A-l0a) for approximately 21.088 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residentiaVagricultural lots. The applicant proposes to construct a dwelling on each lot. Each dwelling is estimated to cost approximately $450,000. 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 Agricultura120.acre (A-20x) to the Agricultural 10-acre (A-l0a) 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 Important Agricultural Land for the lower portion of the property, and Extensive Agriculture for the mauka portion of the property. Important Agricultural Lands are "those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Extensive Agriculture are "lands that are not capable of producing sustained, high agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate." Other less intensive agricultural uses such as grazing and pasture may be included in this category. Soils within the property aze identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The majority of 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 azea determined to be outside of the 500-yeaz flood plain. The property is located on the southwest side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 4,200-foot elevation. Surrounding lands aze zoned Agricultura120-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 at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. The proposed access to the subject property is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within 80-foot right-of--ways. Kaloko Drive -z- intersects with the Mamalahoa Highway approximately 3.5 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. In prior rezonings within the subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that 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. 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 change of zones 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 current designations by the General Plan LUPAG Map. The proposed subdivision would be compatible with the rural chazacter 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, the site is presently heavily forested with native trees -3- 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 mixtwe 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 10 at approximately the 4,200-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 azea 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 -4- 1,900 foot elevation. The subject property, located at the 4,200-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water rechazge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed azea. 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 site. There have been several archaeological studies conducted in the area. An azchaeological 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 ICaloko 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 July 6, 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 azea to be retained in forest; -5- • 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 eight 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 property 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: -6- • 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 azea. • The valued cultural. historical, and natural resources found in the rezonine area: According to the applicant, the parcel is located at the 4,200-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 azea. This study identified remains of an agricultural field system up to the 3,500-foot elevation. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. According to the applicant, 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 customazy native Hawaiian rights aze 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-IOa) district would result in an appropriate land use pattern that will fiuther the public necessity and convenience and the general welfaze. 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- CNicholsonREZ.doo-9@9/06 WINTON NICHOLSON CHANGE OF ZONE APPLICATION (REZ 06-000048) CONDTI'IONS 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) yeazs from the effective date of this ordinance. The apphcant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested azeas 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 properly 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 rewrded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). 2. The forest management program shall inctude 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 -z- for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instnunent 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 cleazed or grubbed azea(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 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. 7. 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 azchaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. K. The applicam shall prepaze a Solid Waste Management Plan for the development, -3- meeting with the approval of the Department of Environmental Management. L. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The amount of the fair shaze contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable within ninety (90) days of the effective date of this ordinance. The fair share contribution to address the potential road impacts shall be in the form of cash andJor 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 $10,368.57 per additional lot. Based upon the applicant's representation of intent to subdivide and develop up to one (1}additional lot, the indicated total fair share contribution is 510,368.57. The fair shaze contribution shall be allocated as follows: • $10,368.57 per lot for an indicated total of $10,368.57 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 (3) years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (RCPT). Upon approval of the fair shaze 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. M. 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 towazds the requirements of the Unified Impact Fee Ordinance. N. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. -4- O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe 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- M[Y ar y COUNTY OF HAWAII STATE OF HAWAII •••tf~Uj~M~« 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 AGRICULTi JRAL. - 20 ACRES (A-20a) TO AGRICULTURAL - 10 ACRES (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-27:14. 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 - 10 acres (A-l0a): Beginning at the Northwesterly comer of this pazcel of land, being also the Northeasterly comer of Lot 1 of Block 10 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and being a point on the Southerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANi.7IAHEA"being 9,585.42 feet South and 7,484.54 feet East and running by azimuths measured crockwise from True South: 1. 304° 30' 900.00 feet along the Southerly side of Kaloko Drive to a point; 2. 34° 30' 1,283.98 feet along Lot 6 of Block 10 of Kaloko Mauka Subdivision, Increment 4 (Fi(e Plan 1433) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; -1- 3. 154° 50' 1,042.75 feet along Lot 3 ofBlock 10 ofKaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 4. 214° 30' 757.36 feet along Lot 1 of Block 10 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to the point of beginning and containing an area of 21.088 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 maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-~ FOREST A-ZOa RESERVE ~ A- Q g 9,585.42 S 7,484.54 E iNOAMIIAHEA~ 8r A- A- 9 ~ A-fOn A- ~ A-Ma A- A-20a A-f0a ~ A-~ k0 a> p- dm A- A-f0a a-~ A-to. AGRICULTURAL-ZO ACRES 20a) °OR a- a o. TO AGRICULTURAL-10 AC ' S (A-t0a) a-ta 21. A A-IOa A-fOn ~ A fah A-Yah MaA h ASa ~ SI ASa ah ~ W a A 9n F b A-Sa A-fah p- A-Ma F 2,000 1000 0 - - 2000 4000 6000 B 000 10 CFQO eet 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-20 ACRES (A-20a) TO AGRICULTURAL-10 ACRES (A-10a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 7-3-027:074 Date: August 7, 2006 EXHIBIT "A" (Winton Nicholson, Inc.:7210)