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HomeMy WebLinkAboutCOM 0089.000 2006-2008 ~o~tr ar q~~'' Harry Kim ~~i Dixie Kaetsu y Mn or Mnnnging Direcfar Barbara Kossow r•~rr or'xk'~• Deputy Mnnnging Director County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-0252 (808) 9615211 Fax (808) 961 b553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 January 8, 2007 :;'a Honorable Pete Hoffmann, Chairman ~ ' ~ and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 _L. Dear Chairman Hoffmann and Members: State Land Use Boundary Amendment Application (SLU 06-000012) ` Request: Agricultural to Urban Change of Zone Application (REZ 06-000045) Request: A-3a to RA-.Sa Applicant: Glenn T. Nakamura Tax Map Key: 2-2-56:23 Change of Zone Application (REZ 06-000051) Applicant: Hawaii Island Veteran's Memorial, Inc. Request: O to RM-1 Tax Map Key: 2-4-57:portion of 1 Change of Zone Application (REZ 06-000049) Applicant: Brace A. Hansen Request: RS-10 to ML-20 Tax Map Key: 2-2-35:58 ~hange of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to A-l0a Tax Map Kcy: 7-3-26:17 a~~ Comm. No. Ref. To: G Ref. Date.,; tAN 0 9 2007 Honorable Pete Hoffmann, Chairman and Members of the County Council Page 2 January 8, 2007 Planning Director Initiated Amendment to Chapter 25 (Zoning) Hawaii County Code ] 983 (2005 Edition) 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. Si J~ Harry Kim Cl Mayor Enclosures cc: Planning Department • ,,tr a ~~L ~-'~H r- _ . County of Hawaii ~,cu;; ~ - ~ , PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 December 19, 2006 Phone (808)961-8288 Pax(sos)961-s7az Pete Hoffinann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffrnann and Council Members: Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to A-l0a Tax Map Key: 7-3-26:17 The Planning Commission, after a duly held public hearing on December 6, 2006, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultura120-acre (A-20a) to an Agricultural 10-acre (A-l0a) district for 20.913 acres of land. The property is located at the northwestern end of Haleamau Street within the 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 20.913 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residentiaUagricultural lots. The applicant proposes to construct a dwelling on one of the newly created lots. The dwelling is estimated to cost approximately $400,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. Hawai "i County is an Equal Opportunity Provider and Employer Pete Hoffinan, Chairman and Members of the County Council Page 2 The Change of Zone request from an A-20a to an A-l0a district will conform to the goals, policies and standazds of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject area is designated Important Agricultural Land by the LUPAG map. Important Agricultural Lands are "those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental 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 but classified as "Other Important Agricultural Land" 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 an approximately 20.913-acre pazcel located on the west side of Haleamau Street in the Kaloko Mauka Subdivision at the 3,600-foot elevation. There is an approximately 24-yeaz old single-family dwelling on the property. The remainder of the property is heavily forested with slopes of approximately 6-20%. Surrounding lands are zoned A-20a and in low-density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu abut the 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. Access to the subject property is proposed from Haleamau Street, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately five miles below the property. The Depaztment of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes at the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: Pete Hoffman, Chairman and Members of the County Council Page 3 • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements. The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. Similaz comments have been received for other change of zone requests in the Kaloko Mauka Subdivision. The Department of Transportation, Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Department of Transportation's concerns. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the current designations by the General Plan LUPAG Map. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. According to the applicant, 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. 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 Pete Hoffman, Chairman and Members of the County Council Page 4 Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding'Alala. The Plan recommends that portion of the lands of Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all pazcels 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 8 at approximately the 3,600-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from gazing, 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 'AIala. No comments were received from the Natural Resources Conservation Service and the U.S. Fish and Wildlife Service. As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation. The subject property, located at the 3,600-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the site. There have been several azchaeological studies conducted in the azea. 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 Pazk Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated January 8, 2006, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." Pete Hoffinan, Chairman and Members of the County Council Page 5 In addressing potential adverse visual impacts the clearing of the subject property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicant has proposed the following: • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along al] lot lines as a buffer between pazcels; • 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 shaze" contribution to mitigate any potential impacts. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately nine miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Water can be made available from a 4-inch waterline fronting within Haleamau Street fronting the property. The applicant 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 . . _ Pete Hoffman, Chairman and Members of the County Council Page 6 requirements of the Deparhnent of Health. All other essential utilities and services aze 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 aze existing archaeological studies of the immediate area. • The valued cultural historical and natural resources found in the rezonine azea: According to the applicant, the parcel is located at the 3,600-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Pazk 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 protect native Hawaiian rip_hts: 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. For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona District Map), of the County Zoning Code is transmitted. Pete Hoffman, Chairman and Members of the County Council Page 7 We are enclosing copies of the staff Background and Planning Director's Recommendation for your infonnation. Sincerely, o Alameda, Chairman Planning Commission Lolin02PC Enclosures cc: Mr. Gregory R. Mooers Mr. Scott Olin 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 HOIinRFZ.doc-11F2/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SCOTT OLIN CHANGE OF ZONE APPLICATION (REZ 06-0000501 SCOTT OLIN has submitted an application for a Change of Zone from Agricultura120- acre (A-20a) to Agicultural 10-acre (A-l0a) for approximately 20.913 acres of land. The property is located on the west side of Haleamau Street, approximately 1,200 feet north of the Kaloko Drive - Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-26: 17. PROPOSED ACTION 1. Request: Change of Zone from A-20a to A-l0a to subdivide the property into two parcels approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on one of the newly created lots. The dwelling is estimated to cost approximately $400,000. (Exhibit 1-Change of Zone Application) 2. Landowner: Scott Olin. . STATE AND COUNTY PLANS 3. State Land Use Designation: Agricultural. 4. GP LUPAG Map: Important Agricultural Land. 5. County Zoning: Agricultura120-acre (A-20x). 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately nine (9) miles mauka of the shoreline at the 3,600-foot elevation level and therefore, will not be impacted by coastal hazazd and beach erosion. 7. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area. According to the applicant, 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, marine resources or other natural and environmental resources in the azea. ATTACH: Cortm. 89 Bill 29 DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is an approximately 20.913-acre parcel located on the west side of IIaleamau Street in the Kaloko Mauka Subdivision at the 3,600-foot elevation. There is an approximately 24-year old single-family dwelling on the property. The remainder of the property is heavily forested with slopes of approximately 6-ZO%. 9. Surrounding Zoning/Land Uses: Surrounding lands are zoned A-20a and A-l0a 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. 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. FIItM: 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. 'Alala Recovery Plan: The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the 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- pazcels 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 8, at approximately the 3,600-foot elevation. Once such a habitat is established, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the'Alala. 16. ArchaeologicaUHistorical Resources: The pazcel is located at the 3,600-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Pazk Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated January 8, 2006, the applicant has requested a letter of "no effect" from the State DLNR Historic Preservation Division. 17. Cultural Resources: According to the landowner and neighboring property owners, no valued cultural, historical or natural resources exist on the property and there aze no traditional and customary Native Hawaiian rights being practiced on the site. 18. Public Access: There is no record of a designated public access that traverses the property. 19. Traffic: According to the applicant, traffic generated from the proposed subdivision is expected to be minimal. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the subject property is proposed from Haleamau Street, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 5 miles below the property. 21. Water: Water can be made available from an existing 4-inch waterline within Haleamau Street fronting the property. 22. Wastewater: The applicant proposes to use individual wastewater systems meeting the standards and requirements of the State Department of Health. -3- 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 five miles south of the property. AGENCIES' COMMENTS 24. Department of Water Supply: Exhibit 2 -October 20, 200b memo 25. Police Department: Exhibit 3 -October 3, 200b memo 26. Department of Environmental Management: Exhibit 4 -September 2b, 200b memo 27. Department of Health: Exhibit 5 -September 29, 200b memo 28. Office of Housing and Community Development: Exhibit b -September 28, 200b memo 29. Department of Transportation: Exhibit 7 -October 25, 200b letter 30. Kona TrafTic Safety Committee: Exhibit 8 -October 24, 200b letter AGENCIES - NO RESPONSE 31. Department of Public Works, Fire Department, Department of Land and Natural Resources Historic Preservation Division and Land Division, Department of Agriculture, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES 32. Exhibit 9 - October 24, 200b, October 25, 200b and October 31, 200b letters PUBLIC COMMENTS 33. None as of this writing. -4- CHANGE OF ZONE APPL~~'~I~N~ COUNTY OF HAWAII ,'=,t ~ ~.°=;~T PLANNING DEPARTMENT Cvt,~' i Y Fig„; ;il (Type or legibly print the requested information) APPLICANT: Scott Olin ` ~ > APPLICANT'S SIGNATURE: ~ ' DATE: - ADDRESS: 73-4274 Haleamau Sheet• Kailua-Kona, Hawaii 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: i PHONE:(Bus.)325-6472 ~ (Res.) (Fax) i LANDOWNER(S): Scott Olin ~ LANDOWNER SIGNATURE(S): ~ ' ~ ~ DATE: ay- a by letter LANDOWNER(S) ADDRESS":- a as above REQUEST: Agricultura120-acres (A-20a) TO Agricultural 10-acres (A-l0a) • - (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-026:017 ~ STREET ADDRESS OF PROPERTY: 73-4274 Haleamau Street f SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.913 acres AGENT: Gregory R. Mooets ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE:(Bus.)sso-1455 (Res.)880-1454 (F~)880-1456 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Scott Olin (See Instructions on Reverse Side) EXHIBIT ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF 20NE I• If your request is approved, do you intend to subdivide the subject I land in accordance with the approved change of zone? Yes If~es, 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? 20.913acr _ 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 f to the Planning Department for preliminary approval? limos. I 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? Both lots At what approximate price range? House 400,000 Lot Total Not for sale Approximately how long, after approval of the subdivision, would the first house be available for occupancy? Occupied If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application f orm . 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? f b• Sell or lease the land to someone who has tentative plans? Sell or lease the land to someone who has no plans? d. Keep it? e. P. D. 2 5/B4 f~ If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will provide one additional lot in the Kaloko area. 9. Are there any buildings on the subject area? Yes If so, what kind? A single-family residence is constructed on proposed lot 4-A, please see the rezoning exhibit. What do you intend to do with those buildings if your request is f approved? 1_ It is the applicant's home 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. l_ L_ 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- a~ Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Forest If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Do you think that the roads leading to the subject area needs improvements? NO If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X ~ Sewer d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X X g. Recreational Facilities X h. Public Utilities X r_ Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. i L_ The Mamalahoa-Kaloko intersection needs to be improved. The applicant will pay a fair share assessment. 1_ i _ _ Signat~ e: v Address : 73- 4 Haleamau Street, Kailu-Kona, Hawaii 96740 Telephone:- 325-6472 Date: -4- Olin Change of Zone Application TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION iv CHANGE OF ZONE QUESTIONNAIRE v TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development I B. CONFORMANCE WITH STATE AND COUNTY PLANS 1 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 f 8. Chapter 205A: Coastal Zone Management Act 6 9. Mountain Access 6 f 10. County Council Resolution No. 58 97 7 C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING - Physical Characteristics and Environmental Setting 7 Historic Resources 9 Natural Resources (Flora-Fauna) 9 Cultural Resources ..................................................................10 Social-Economic Characteristics 10 Surrounding Lands 11 i Olin Change of Zone Application D. PUBLIC FACILITIES AND SERVICES Access 12 Water Service 12 Sewage Disposal 12 Solid Waste 12 Police and Fire Services 13 Schools 13 Parks 13 Other Utilities 13 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS ~ I. 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. "No Effect" Request from SHPD E. Site Photographs ii Olin Change of Zone Application COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a) to Agricultural 10-acres (A-l0a) APPLICANT: Scott Olin TAX MAP KEY: (3) 7-3-026:017 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 20.913 acre pazcel located on the west side of Haleamau Street at approximately the 4000 feet elevation. It is identified as Lot 4, Block 8, 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. Currently there is one dwelling constructed on proposed Lot 4-A on the property. Please see the site plan and photographs in the exhibits. These lots aze intended to be residentiaUagricultural lots for the owner. Scott Olin, the owner, is the applicant. c. Number of acres: 20.913 acres aze covered by this request. 1 Olin Change of Zone Application d. Proposed units/lots/,/loor area of proposed building envelope: The applicant proposes to subdivide the existing lot into two 10+ acre parcels. It is proposed that the lots will have similaz conditions as those placed on other rezoned lots in this area of the Kaloko Mauka subdivision. The conditions have included a 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and a 100- foot wide structural setback in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer. Restrictive covenant(s) in the deeds of both the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described, no less than eighty percent (80%) of the entire lot azea shall be retained in forest. A copy of the proposed covenant(s) to be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances approval to the issuance of Final Subdivision Approval. e. Time frame and cost: The application for the subdivision will be filed immediately after the change of zone is completed. The estimated cost of the houses is approximately $400,000 each £ Parking arrangement: Parking for the lots created will be accommodated on each site as required by the Zoning Code. It is anticipated that there will be one residential unit on each lot. 2 ~ Olin Change of Zone Application g. Traffic Impacts: The applicant believes that the traffic generated by the proposed lot subdivision will be minimal. The subdivision of this property into two lots will add one additional lot to the subdivision. h. Proposed on-site and off-site infrastructure: The intersection of f Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicant understands that all recent re-zonings in the Kaloko f 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, I policies and objectives of the Economic Element of the General Plan. ECONOMIC t - GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 3 Olin Change of Zone Application POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides ~ its residents an opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. [ , The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. I_ LAND USE l~ 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 Olin Change of Zone Application POLICIES o Allocate appropriate requested zoning in accordance with the existing. or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o _ Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability ofpublic services and utilities, access, and public need. (I) 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 I . island of Hawaii. ~I 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 Olin 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. S. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to change the zoning to Agricultural-l0acre (A-l0a). This request is consistent with Hawaii County Council Resolution No. 58 97. (See Exhibit A). I, 6. Community Development Plan: This area is not covered by the Kona f Regional Plan. 7. Special Management Area: The property is not located within the County of Hawaii's Special Management Area. 8. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 9 miles from the shoreline surrounded by a regionat f roadway system. The proposed use of the subject property will not negatively t_. impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 9. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these azeas will be impacted by the proposed action. 6 Olin Change of Zone Application 10. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, regazding the Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. This proposed change of zone request is consistent with this Council Resolution. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA I. Physical Characteristics/Environmental Setting: [ ~ 11. Description of subject property: The subject properly is a 20.913 acre parcel located on the west side of Haleamau Street at approximately the 4000 feet f _ elevation. It is identified as Lot 4, Block 8, 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. ` 12. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There is a single residence on the subject property on proposed Lot 4-A. 13. 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 azeas." 7 Olin Change of Zone Application 14. Distance from coastline: The subject property is approximately 9 miles east of the coastline at Puhili Point. i I5. Agricultural Lands of Importance in the State of Hawaii (ALSIII) designation: Soils within the subject property aze classified as "Other f important Agricultural Lands" by the ALISH system. 16. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil 1 survey report classifies the soils within the project site as Kona Extremely Rocky Muck (rKYD), 6 to 20 percent slopes. I 17. The Land Study Bureau soil rating: Soils within the subject property are classified as "E270" (Very Poor) for agricultural productivity by the Land f Study Bureau. Depth-limited soil material; color-dark brown; parent 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. 18. Flood Insurance Rate Map (FIRtYI) designation: The subject property is located in Zone "X", outside of the 500-yeaz flood plain. I9. Existing drainage ways or improvements: The property has no history of flooding. There aze no drainage improvements on the site. 20. Air/noise/water quality: The air quality is excellent as there aze no industrial uses in the area and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The is a rural a 'cultural azea as such there is little noise ollution. The azea P water to the site is provided by DWS and meets all EPA guidelines. 8 ' Olin Change of Zone Application Historic Resources: 21. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject pazcel is located in a forested azea at the 4,000 foot elevation above 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 Park Service published a report in l 1991 entitled "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona. This study also identified remains of an agricultural field system up to the 3500 foot elevation at certain locations. There is no record of historic sites on this property in either the National or State Register. The applicant has requested a determination of "no effect" from the State Historic Preservation Division. SHPD has granted these letters for the neighboring properties of this subdivision. Natural Resources: 1. 22. Existingflora//faunal resources: The site is presently heavily forested with I _ 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. 9 Olin Change of Zone Application The central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding Alala. The Plan recommends that portions of the lands of Kaloko above the 3,200 feet elevation be designated as essential habitat for the Alala. The subject property is proposed to have 80% remain in native forest for this habitat. 23. Cultural Resources: According to the owners and neighbors, no valued cultural, historical or natural resources exist of the subject property and no ' gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed actions will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. l_ 24. Scenic or coastal resources: The property is located 9 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. Social-Economic Characteristics: 25. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more 10 Olin Change of Zone Application races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 26. 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 azea is left ' undistarbed for forestry. ' 27. Land values: According to prominent Realtors in the azea, the land values in ' this subdivision, as with all property in West Hawaii, have increased ' dramatically over the past few years. Surrounding lands: 28. Land use: The properties immediately surrounding the subject pazcel within the Kaloko Mauka Subdivision aze low-density residential lots with minnnal 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 aze native forest. The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands aze 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. 29. Zoning: The property in the immediate vicinity of the subject pazcel is zoned A-l0a to the east, north and south, and A-20a elsewhere. Properties within the subdivision at lower elevations are zoned FA-3a, A-3a and A-Sa. 11 Olin Change of Zone Application D. PUBLIC FACILITIES AND SERVICES 30. Description of access: The access to the subject property is from Haleamau Street, a 22 foot wide paved roadway with 8 foot grass shoulders within an 80 foot right-of--way. Kaloko Drive intersects with Mamalahoa Highway approximately 5 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 yeazs there is no evidence of erosion or damage to the edge of pavement. 3l. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural use, as the annual rainfall is adequate for these purposes. 32. Sewage disposal: The applicants propose to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for the newly created lot. 33. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service takes the refuse to the County landfill at Puuanhulu. The applicants intend to use this existing transfer station for both lots. Construction waste will be taken to the County's landfill at Puuanahulu. 12 Olin Change of Zone Application 34. Police and fire protection: This area is served by police and fire stations located approximately 6 miles to the southwest of the site in Kailua and Kealakehe. All roadways aze paved, with adequate width and are accessible for emergency service vehicles. 35. Schools: The project site is located about five miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 36. Parks: There is a County Paks and Recreation gym and pazk facility at the Old Airport Pazk in Kailua approximately 7 miles from the subject parcel. 37. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. [ E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS [ 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement oflong-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 applicant proposes that the conditions applied to other re-zonings in this subdivision be applied in this 13 Olin Change of Zone Application case as well. These include; a. A 100-foot "forest reserve easement" for buffer purposes along the existing roadway. b. A 100-foot structural set back along the existing roadway. c. A 30-foot "forest reserve easement along all lot lines as a buffer between parcels. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. f. A forest preservation plan shall be prepazed for each of the 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 pazcel vacant and undeveloped. This would not allow the development of one additional agricultural lot for ~ residential uses, forestry and agriculture. It would also not increase the real I property tax base as the proposed action would. It would not provide protection to the native forest afforded by the conditions cited above. 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of one additional rural-residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There are presently no such restrictions on the development of the property. 14 Olin Change of Zone Application F. PROPOSED FINDINGS Given the conformance with all established State and County goals, policies and plans; the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on - public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. f 1 15 Olin Change of Zone Application LIST OF EXHIBITS A. Resolution No. 58 97 B. Location/Vicinity Maps C. Change of Zone Exhibit D. "No Effect" Request from the State Historic <~; Preservation Division E. Site Photographs i X74 i L. k fl'i p:... i i;' i y~ ~tii s~}t yJY COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. ~ 8 9 7 (Draft 3) RELATING TO ZOMNGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WiTH1N THE KALOKO M,AUKA SUBDMSION WHEREAS, the Council adopted Resolution No.330-96 which established a policy that no lands about the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclazsified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No. 330.96, the Council approved two change of zone rcquesu for A-l0a lots above the 3,000-foot elevation with more stringent requiremcnu to mitigate the wncerns 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 reasotu; and W}1EREAS, the Council finds that a maximum density of two dwellings per tweny aces for lands within the Kaloko Mauka subdivision above the 3.000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area, will protect the watershed and native forest and maintain a fow density pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. 'Ibe applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delittcate such easetnenu and setbacks on plans submitted for subdivision review: i. A 100-foot wide "forts[ reserve easement" along the existing public street - frontage of the subject property. exclusive of access poiau permitted by the Deparanent of public Works; 2. A 30-foot "forest reserve easement' along all lot lines not covered by the 100- footeasement; and 3. A 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's ~~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 tees 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 rcvicw 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 dte construction 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 Duec[or for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an ituttument 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 prcpazed and submitted for rcvicw and approval by the Platming Duector in cortsultatioo with the State Depattn~tent of Land 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 minimttm. the best forest and reforestation practices, program for implementation and other applicable forestry ttutnagement criuria, including those of the State Department of land and Natural Resources, such as the Forest Suwardship Program or the Soil Conservation Sctvice Manageatetu Program. 2. The forest management program shalt include a restrictive covenant for the proposed lou within the subject property which shall be recorded with the 5tau of Hawaii Bureau of Conveyances and/ot Land Cotut. A copy of the covenants to be recorded shall bt submitted to the Planning Duector for review and approval prior to the issuance of final subdivision approval. A copy of the approved eovenattt(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of final subdivision approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the subminal of U,e 'crest management plan or the recording of the restrictive covenant(s), the rcfc:estation program for any cieatYd or grubbed area(s) in excess of the 20% within the subject properly 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 pcriod of fifty (50) years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiting County Council approval by ordinance. TfiEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE COUNTY OF 1-iAWAl1 that the Planning Commission consider favorable recommendations for A-IOa 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 I7 RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen IG Yamashiro, Mayor; Kevin 8alog, Planning Commission Chairman; and Virgirya Goldstein, Planning Director. Dated: Hilo, Hawaii, this?rr~.__day of acne , 1991. INCRODUCED UN tL MBEtt, COUNTY OF HAWAII O1LT/CES COUNTY COUNCIL ROLL CALL VOTE County ofl3a~vaii AYES NOES A85 EX 13i1o, ida~raii "~1O X ~u~~ X herehr centq th,t we rure~olsg nESOLO'rioN wu hr LLrrtRAD.TODD X .ore indicated to the right hereof adopaed by the COUNCB. of toe RAY X County of Hawaii oa June 2, 1997 aErnot.us X SAtfT~UVCat.O X ATTEST: snore 7( TYt.FJt X Y,~C4PlC X e o i o ,CQ Rcfer+:nce PC-53 Cp CgAIItMAPt Q, pRESIpQYG OFFICER RESOLUTION NO. ,r J 8 9 7 (DP~1?FT 3: Olin Change of Zone Application EXHIBIT B t Location/Vicinity Maps i ~s. I., ~y Olin Change of Zone Application x J ~ h ~ ~ ~ ~ .oooa=,.r ~0 j ~ yf~oN anil J r 0 i f ~ i'JB 1as.. a•..aw C d V Z iI i 'F]p • ~ I ~ a ;ao ti ~ Q • ~~e o l a d y ~ ~ ~ r h „o . 005: wi tip ~ c~ yf~ory anal ~ 6 N ~~o~s a A OIO/ _y If t ~ 11 ~ r e W f~~ N Ye r~. s ~+.i 'QOn/ d Sd i. G 9 ~ • ~ d O J e ~ e 4 O a ~ ? ~ i°-r. N ac a ~ c ~ . % N 7X0 0 ~~4 ~ ~~o ~ 'n E o °w. ~ 4 Ili ~ ~ d ~e o V ,4 In n C ~ ~ C @ i w ~ 6 ao ~'a 1b [ I`t ,y N Q l O N 1 N Q • o f t o • v 1 _ d a ~ N L P I+. ~ ` 0 • ~l~ ~ /WOfIp Y r~ Ihh~" _ aWr! YW • ~ ® Ill °y ~i e. < 1~y. • ~©77yy~~~ p~ cr ~ y b 8 1 ~ i ~w ~ ~iP.f9 X114 ~ ~ ~ t~ £ e. . ~ MAKA/y STREET \ BIOLN 5 Fw.x xri ~ ` (A-zoo zon Kuoko 6Rr.E L G ,K J BIOLx e ICAO STREET - BIOCN l ~ N4.fAYAU STREET BLOLR / B L 0 C K B eLBCx A YlC1NlTY MAP sL"L F: 1 /NLN ~ 1.000 FEFr K~ A L 0 K 0 ? A U k ' 1 N C R ( F l L E P 8 Nffbm H YTrvµ el M (A-100 ZONING) b ' PROPOSED LOT f [ro.s/J acRES) REZON/NG EXH/BIT MAP SHOWING LOT 4 OF BLOCK 8 KO MAUKA SUBDIVISION INCREMENT 2 (FILE PLAN 1010 Being a Portion of ° 8214, L. C. Aw. 7715, Ap. 11 to Loto Komehameho At Koloko, North Kona ~d County of Hawaii, State of Howaii NOTES a~>~ T. qha T"k B•`.°,°na B ? y e"a.r mr an.ei oe..;er"me °r I. ANmufM oM c"a~nyfm am m/ema ro GPremmenf 5 y 4• IlCEN6E0 ps Tiorgubfian SYOfiyn "YGiNOfAxFA'. ~ Pfmf6510X11 UNO ~(~,.s,~ a 1. Noma nl owner o/ oCjoiMn9 pamsk am from avdle6k Tv it SYRIEYOP R cxyry L TNOYas v4u5B.e~ hop mcwNV yA Y0'AA~yV' smie ni wreL•'i c"nnieer. xvm°:.rLS-un S Ilre /rofuv, sham Myron. IecofM by an ecfvel survey ,1'411. ~ er.~ en fM yrourM done on AuyusE 9, P006 4. 514jeeE Porch k bsafeam Z e X (vreoe Mkrminea fa Oe ouWae Me 500-y~ar /bC0 Pkm) w Psr fbBO Mav"nu Rafe MaP (F.LR.N) Lommun~ry-Ierpl NumOer 155166 ONB C, mvueE Aqi 1. 1001. SCL m m B eB yB YB ayp TES PROJECT NO.:.... 10995.2 Olin Change of Zone Application E`"~` - - - y ~0~,~ MAKAHI STREET ~~JF,~09 BLOCK 5 vy` V`® / ~f k tip. KALOKO DRII/E f~ , ~ BLOCK 8 HAD STREET ~ BLOCK 7 / HALEAMAU STREET BLOCK 6 BLOCK 9 I VICINITY MAP SCALE: 1 /NCH = 1,000 FEET Olin Change of Zone Application i ` EXHIBIT C Chan a of Zone Exhibit g r: . i Olin Change of Zone Application i 1 x h` EXHIBIT D "No Effect" Request from the State Historic Preservation Division Iry` (1 s, Post. Office l3os 1101 ~d~ERS Kamuela, I-lawaii 96743 E+ NTERPRISES LLC Phone (~os> r3x~-I~ss ~ Fax (AOA} 880-1456 LaN~ USC AZfEYt7Llt`lYCS bmteroersL~haw~ii,rr.com r:. January 8, 2006 Julie Taomia, Ph.D. State Historic Preservation Division O~{~ ~ 74-383 Kealakehe Parkway Y Kailua-Kona, Hawaii 96740 V Re: Archaeological Reports TMK: (3) 7-3-26:017 (Olin) Kaloko Mauka Subdivision Kaloko, North Kona, Hawaii Dr. Taomia: 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 4,000 feet, it has been previously thought there would be no features present. I would like a letter from your office either finding there would be "no effect" or guidance on the type of archaeological work that would be required for you to make that determination. Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this letter. Sincerely, Grego Mooers President GI2M:jy Olin Change of Zone Application i I r i i ,f EXHIBIT E Site Photo ra hs g P f i' Olin Change of Zone Application ~r a ~ .y - i i House on proposed Lot 4-A. Proposed Lot 4-B. ` warF O44 ~ 1 19 19 o~ DEPARTMENT OF WATEtR' S,UP,R.L,Y GI3Lb~~JTY OF HAWAI`1 ,~1 ~3, i«.vI'V~! ~ ~ -Sri-_i. ~o~MawVl.a 345 KEKUANAO'A STREET, SUITE 20 HILd, ~fiAWAI'I 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8667 October 20, 2006 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 06-000050) APPLICANT -SCOTT OLIN REQUEST: A-20A TO A-l0A TAX MAP KEY 7-3-026:017 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 4-inch waterline within Haleamau Street fronting the subject parcel. The subject parcel is currently served by a s/,-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. Sincerely yours, ilton D. Pavao, P.E. Manager FM:sco copy - Mr. Scott Olin EXHIBIT Mooers Enterprises, LLC ~ A ~ / I/Vater brinc~~ ~roc~re~~... : -~~g~~ The Department of Water Supply is an Equal Opportunity provitler and employer. To file a complaint of discrimination, write: USDA, Director, ORice of Civil Rights, Room 326-W. Whitten Building, 14th and Independence Avenue, SW, Washington DC 2 02 5 0-941 0. Or call (202) 720-5964 (voice and TDD) MSY OI 'Harry Kim nt T ~ ~;c'~ ' Lawrence K. Mahuna Mayor 7~.}g art f; 7 ~~J ~ Police Chief , ~ -..+i)U~'s ( _ ',':i>ii 's'e:•w~"'• Harry S. Kubojlrl Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 October 3, 2006 (808)935-3311 • Fax (808)961-2369 TO CHRI P R J. YUEN, PLANNING DIRECTOR FROM D K D. PACHECO, ASSISTANT POLICE CHIEF, AREA II OPERATIONS SUBJECT :Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request A-20a to A-10a TMK 7-3-26:17 Staff has reviewed the above-referenced application and submits the following comments. Staff maintains that until such time as adequate roads are built to support the ever-growing population, construction, and additional vehicles on our roadways, additional development must adhere to the County's proposed policy on the principle of concurrency. , Major concerns on any further subdividing in Kaloko Mauka deal with traffic issues. The Kaloko/Mamalahoa Highway intersection needs to be improved. In addition, this section of Mamalahoa Highway is bumper to bumper during both morning and afternoon hours heading into Kailua-Kona. Any further subdividing in this area without additional north-to-south connector roads will only add to existing congestion. Should you have any questions, please contact Captain Paul Kealoha, Area II, Kona Patrol, at 326-4646, extension 249. EXHIBIT r~ "Hawai'i County is an Equal OpportuniTy Provider and Employer" oJNtV Of ~4N. - L,,IYJ U~1 C. S ~ i % Harry Kim ifs,"~ ~ ~ ~ Bg4ka[?i~ell Mnyar r~' Di~ei;tuz~~~ ~GiJVI ~ V, 19- '~F u:~""~ Nelson Ho Deputy Director nun#~r of ~ttfuttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : September 26, 2006 To CHRISTOPH~E!/R~~1'1UEN~, Planning Director From: ~ARBAR~A BELL, Did re for Subject: !Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to A-l0a TMK: 7-3-26:17 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii CounTy Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: y ~ TECHNICAL SERVICES COMMENTS: 0'~ Cd S~.lr,{J~ b^ ~G litf+ ~ ~ b~~i1,P G(/(Si'~ , ~1`~ SOLID WASTE COMMENTS: ( ) No comments QC) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction demolition waste should be responsibly reused to its fullest extent. (~C) Ample and equal room should be provided for rubbish and recycling. ( ~i Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ~1) Construction and demolition waste is prohibited at all County Transfer Stations. ( )Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: cc: SWD, TSS, WWD s762 Hawai ~i Counry is ars equal oppo~ i o ~<..,>~ployer. t~ r~ t~,y- fV~ li d3.~o"Y ol'A sq +~-+.Mqk M °c ' LINDA LINGLE ~ t n CHIVOME LEINAALA FUKINO, M.D. GOVERNOR e / r}fS ~ i_V DIRECTOR OF HEALTH a r STATE OF HAVbA~ti'i a f { I r ; i,1`Iv;=Sli DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 29, 2006 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Donn A. Hashimoto' Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20atoAlOa TMK: 7-3-26:17 We recommend that you review all of the Standard Comments on our website: www.state.hi/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 06-OOOOSO.at EXHIBIT J+tY~. ~ N~,~ tQ • l~ `V Harry Rim ~~win S. Taira Mayor ~ Horsing Administrator • ~~~~~~y~~ ww'' , ; N~.w,~. """"'"r! '"1~ r~ OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 V/IT (BOS) 961-6379 • FAX (808) 961-efi85 September 28, 2006 MEMORANDUM TO: Chris Yuen, Director Planning Department FROM : -Edwin S . Taira ' ~ y Housing Administrator SUBJECT: Change of Zone Application (REZ 06-000050) Applicant: Scott Olin Request: A-20a to RA-l0a Tax Map Key: 7-3-026:017 Affordable housing conditions, pursuant to Hawaii County Code, Chapter 11, Housing, are not applicable to the request. Thank you for the opportunity to comment. EXHiBi r 1133pasx EQUAL HOUSING OPPORTUNITY 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" LINDA LINGLE tf, ~.~,NiK RODNEY K. HARAGA ,es GOVERNOR ~ a + DIRECTOR N` n JJJ ~ " [ ~ Deputy Directors 4d':, `p FRANCIS PAUL KEENO eo@C L BARRV FUKUNAGA Aa.~~.._..-~ , - BRENNON T. MORIOKA "~~~''~'r ~:-'IJ~f:(~ BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2318 HONOLULU, HAWAII 96813-5097 October 25, 200b Mr. Christopher 7. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 9b720-3043 Deaz Mr. Yuen: Subject: Scott Olin Change of Zone Application (REZ 06-0050) Kaloko Mauka Subdivision TMK: 7-3-2b: 17 We have the following comments on the subject application. 1. The application is another case similar to the many prior actions we have reviewed over the past years for a change of zone and accompanying splitting up of a parcel in the same subdivision. We have no objection to the proposed change in zoning, but we remain concerned over the number of similaz changes in the Kaloko Mauka Subdivision and the resultant cumulative impact on the intersection of Mamalahoa Highway and Kaloko Drive. 2. It is our understanding that the County will be responsible for implementing required improvements at the intersection. Irnprovements to the intersection should include, but not be limited to the following: a. Illuminating the intersection at night or under low or little day light conditions. b. Channelized fuming movements at the intersection; and c. Other safety improvements. All improvements should be made at no cost to the State and plans for construction work within the State highway right-of--way must be submitted to our Highways Division for review and approval. FX~-I~R1T Mr. Christopher J. Yuen STP 8.2318 Page 2 October 25, 2006 3. We wish to know what are the County's anticipated plans and timetable for initiating the intersection improvements. This will assist our staff in any planning and construction/improvement work for Mamalahoa Highway. Please provide the information to our Statewide Transportation Planning Office for any necessary coordination with the Highways Division. We appreciate the opportunity to provide our comments. V truly yours, OD A Directo Transportation i r~. t3MA ~RAFFI~C ~~`E'1"Y' O>#A~AITTEE ~±1~ is 7$-344 Nsrir kailua Dr, Kailua-Kona, HI 96740 (808) 331-0441 October 23, 2006 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-000050) Scott Olin Dear Mr. Yuen: This is yet another Kaloko Mauka rezoning application that taken by itself, will have little effect on traffic congestion and safety at the Kaloko Drive/Hwy 190 intersection. But given the many recent rezonings in Kaloko Mauka, and the many more applications sure to come, it can't be taken by itself. Taken together, as they must be, they severely affect congestion and safety at the already dangerous intersection. As you know, the County Council has placed a condition on several recent Kaloko Mauka rezonings that prohibits construction for two years or until the Kaloko Drive/Hwy 190 intersection is improved, whichever is less. But we have yet to learn of any progress toward improvement, other than obtaining a preliminary estimate of costs, even though the County has collected more than $400,000 in user fees from other Kaloko Mauka rezoning applicants. We fear that two years will pass without any improvement, and that the present dangers, recognized to exist by the County, will be exacerbated as traffic volume increases on Hwy 190 and Kaloko Drive. That recognition exposes the County to potential liability for damage and injury caused by the unsafe conditions. Of course, since the County is self-insured, any liability falls eventually on us, the taxpayers. Furthermore, we note that Kaloko Drive is, in effect, a cul-de-sac serving over 100 homes, and that an emergency such as a volcanic eruption will severely endanger hundreds of residents unable to promptly and safely exit the subdivision. We urge, therefore, that no further Kaloko Mauka rezonings be approved until the problem intersection is improved. Thank you for the opportunity to comment. Sincerely yours, Joel Gimpel Chair, Public Affairs Cc: Angel Pilago Pete Hoffman EXHIBIT °~`J~ 1'f,'T i'~st ~lffir~~l3ox 1101 T (3d~R~ Kamuel r 1}avGaii 96743 lrlE1VTERPRISES LLC ~ ' ~ Phnnc (8Q8~ 80-1455 i i , ; - Fax (~40tI~' 80-1456 LC17td Use AltematlveS ~%mnoersir~~dwaii:rr:com October 24, 2006 Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilc, Hawaii 96720 Re: Change of Zone Application (REZ 06-50) Applicant: Scott Olin Tax Map Key: 7-3-26:17 Dear Mr. Yuen: Your staff has faxed me agencies' comments on the application identified above and asked that I respond. 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 our understanding that the County administration's policy on concurrency does not apply to residential rezonings such as this one. Department of Health: The applicant will comply with all health regulations noted on the department's website. Department of Environmental Management: The applicant understands there is no sewer service in the project area. The applicant will comply with all DEM regulations related to solid waste. 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, Greg . Mooers President GxMisp EXHIBIT (;"j rf'~' .~'v~t,.fJlflce l3vs 111}1 ~ddER~ -1<amuelii, Hawaii 96743 ~1VTERPRISES ~ LLC r' ~ Phvnc~ k~08) t180-1455 I ~ p~,~~` 8t1i1} A$0-1456 Lu1sd Llse Alternatives 1;*mvdc~rsCliawMii.rr:cvm r.. October 25, 2006 Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-50) Applicant: Scott Olin Taa Map Key: 7-3-26:17 Dear Mr. Yuen: Your staff has faxed me the Kona Traffic Safety Committee's comments on the application identified above and asked that I respond. The apphcant 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. We understand that a substantial amount of money, in excess of $400,000, has been collected for these improvements and they have yet to be expended. Denying this application or deferring it will not improve this intersection. We believe the County administration should work with the State Department of Transportation to make these needed improvements. 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. Sin erely, /I"~"PCJf~!/ Gre R. Mooers President GRM/sp Pant Office t3vs 1101 MOOBRS 1<amuela, Hawau 96743 IVTERI'RTSES; LLC `C'"~ "~`?I! ~ ~:rn ~ ~ ~1iFa~ {~c~iAj ~s~-i~sr Lurrcl Use Alterllativ2s _~mieoersCliawaii.rr:com October 31, 2006 Mr. Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 06-50) Applicant: Scott Olin Tax Map Key: 7-3-26:17 Dear Mr. Yuen: Your staff has faxed me agencies' comments on the application identified above and asked that I respond. 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 Water Supply: The applicant understands that water can be made available to the site and he will comply with the requirements ofDWS. Ifyou 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, Grego . Mooers President GRM/sp a. I u ROIinRF,Z.dac -11/2/06 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SCOTT OLIN CHANGE OF ZONE APPLICATION (REZ 06-0000501 Upon cazefill review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acre (A-20a) to Agricultura110-acre (A-l0a) for approximately 20.913 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Duector 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-20a) to Agricultural 10-acre (A-l0a) for approximately 20.913 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 one of the newly created lots. The dwelling is estimated to cost approximately $400,000. In order to consider an azea 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 azeas in the County. The Change of Zone request from an A-20a to an 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 among the various land uses. The LUPAG Map establishes the basic -1- urban and non-urban form for areas within the County. The subject azea is designated Important Agricultural Land by the LUPAG map. Important Agricultural Lands aze "those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The band Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity but classified as "Other Important Agricultural Land" by the Agricultural Lands in the State of Hawaii (ALISH) System. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is an approximately 20.913-acre parcel located on the west side of Haleamau Street in the Kaloko Mauka Subdivision at the 3,600-foot elevation. There is an approximately 24-yeaz old single-family dwelling on the property. The remainder of the property is heavily forested with slopes of approximately 6-20%. Surrounding lands are zoned A-20a and in low-density residential uses surrounded by pasture and forest land. There aze some small pasture and nursery azeas 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 boundazy. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the subdivision. Access to the subject property is proposed from Haleamau Street, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately five miles below the property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes at the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the -2- 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: • IDuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has fixrther stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. Similar comments have been received for other change of zone requests in the Kaloko Mauka Subdivision. The Department of Transportation, Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements aze essential since similaz changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Department of Transportation's concerns. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Planning Director will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the current designations by the General Plan LUPAG Map. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. According to the applicant, 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 -3- 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 pazcels 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 8 at approximately the 3,600-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the'Alala. The property is located at the elevation recommended for preservation as a habitat for the'Alala. No comments were received from the Natural Resources Conservation Service and the U. S. Fish and Wildlife Service. As pazt of the Office of State Planning's five-yeaz State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation. The subject property, located at the 3,600-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities -4- 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 to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated January 8, 2006, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." In addressing potential adverse visual impacts the clearing of the subject property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicant has proposed the following: • a 100-foot wide "forest reserve easement" for buffer purposes along the existing roadway; • a 30-foot "forest reserve easement" along all lot lines as a buffer between parcels; • a 100-foot wide structural setback along the existing roadways in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts Conditions will be included to preserve the forest corridor along the roads of the -s- Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately nine miles mauka of the shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Water can be made available from a 4-inch waterline fronting within Haleamau Street fronting the property. The applicant 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 aze 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 ilincr" 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: • Investi¢ation of valued resources: No formal azchaeological reconnaissance survey, oral history of kamaaina accounts of the azea, historical survey of documentary records, or botanical study was included in the application. However, there are existing archaeological studies of the immediate area. -6- • The valued cultural historical. and natural resources found in the rezoning azea: According to the applicant, the parcel is located at the 3,600-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Pazk 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 azea aze pazticulazly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to the Agricultura110-acre (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -7- CAIinRFZ.doo-l 1/2/06 SCOTT OLIN CHANGE OF ZONE APPLICATION (REZ 06-000050) 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 applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 100-foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and 3. a 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 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 Stewazdship Program). 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director -2- for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the forest management plan or the recording of the restrictive covenant(s), the reforestation program for any cleared or grubbed 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. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. I. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate azea shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological cleazance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. J. The applicant shall prepaze a Solid Waste Management Plan for the development, meeting with the approval of the Department of Environmental Management. K. The applicant shall make its fair share contribution to mitigate the potential -3- regional impacts of the subject property with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable within ninety (90) days of the effective date of this ordinance. The fair shaze contribution to address the potential road impacts shall be in the fonn of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. The fair shaze 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 $10,368.57. The fair share 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 shaze 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 (HCPn. 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. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazds the requirements of the Unified Impact Fee Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: -4- 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. -s- ~tv Os y,~ COUNTY OF HAWAII ~ ~ STATE OF HAWAII •~J • e~Q'\ 1T~ Of ~N~~ BILL NO. ORDINANCE NO. (PLANNING DEPT) AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRE (A-20a) TO AGRICULTURAL - 10 ACRE (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-026:017. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAT`I: 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 azea situated at Kaloko, North Kona, Hawaii, shall be Agricultural - 10 acre (A-l0a): Beginning at a''/z inch pipe in concrete (found) at the Northeasterly comer of this parcel of land, being also the Northwesterly corner of Haleamau Street and being a point on the Southerly boundary of Royal Patent 7843, Land Commission Award 7715, Apana 10 to Lota Kamehameha, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 7,433.43 feet South and 3,785.12 feet East and conning by azimuths measured clockwise from Tme South: 1. 338° 00' 418.06 feet along the Westerly side of Haleamau Street to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha; 2. 53° 10' 991.27 feet along Lot 5 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; -1- 3. 143° 10' 920.00 feet along Lot 2 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 4. 233° 10' 796.59 feet along Lot 1 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 5. 292° 50' 45" 597.62 feet along Royal Patent 7843, Land Commission Award 7715, Apana 10 to Lota Kamehameha to the point of beginning and containing an area of 20.913 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-f0a A-f0a AGRICULTURAI.20 ACRES (A-20a) 1 ENE ST A-~ TO AGRICULTURAL-10 ACRES -t0a a-zaa 20.913 ACRES a-fa A-Nk A-1e~ 7,433.43 S A-~° 3,785.12 E "MOANUTAHEA'~ A-20a A-Flh A-10a A-ZOa A-20a A-iQa A-10a ~i1'l- A-20a A-1Qv A-f0a A-a>a A-iW A-am A-2W NAKANI T OKO DR A-1Pa A-10a A-20a A-1fh A-t0a A-fav A•f0a A-20a A-20a ~ 4~ A~ AiW A e A-2Qa A-20a 5 a~ A-f0a A-20a A-10a A-20a HAO~ A-f0a A-20a A A-p~ A A•5a A-5a A ~ A-Sa t,20D fi00 0 1200 240D 3600 4&10 6000 Feet AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-20 ACRES (A-20a) TO AGRICULTURAL-10 ACRES (A-10a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII K 7J-026:077 Date: September 25, 2006 EXHIBIT "A" (soott olin:tzt z)