Loading...
HomeMy WebLinkAboutCOM 0912.000 1996-1998 YY M ~!y, -'1?s William G. Davis ' Managing Director Stephen K. Yamashiro Mayor HenryLho ryr., ~J Deputy Managing Director A o• M~ Counfg III pufunii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax(808)326-5663 'l June 29, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-9) Applicant: Windward Enterprises, Ltd. Request: A-20a to A-5a Tax Man Key: 7-3-25:13 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, Stdphen K. 1'~cnashiro Mayor LWindwOLMAY Enclosures cc: Planning Commission REZ 98-9 Fytc Ido., -L!~x FnK. 1~l~tC ...ruV` _ YY 01 Stephen K Yamashiro Mayor 4911uttfv of Anfunii PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720.4252 (908) 961-82M • Pax (BOB) %1.%15 tJUN 2 9 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-9) Applicant: Windward Enterprises, Ltd. Request: A-20a to A-5a Tax Man Keyo 7-3-25713 The Planning Commission, after a duly held public hearing on June 19, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 21.961 acres of land from Agricultural (A-20a) to Agricultural (A-5a) at the Kaloko Mauka Subdivision on the north side of Kaloko Drive at approximately the 2,480 foot elevation, Kaloko, North Kona, Hawaii. The applicant originally requested that the property be rezoned from Agricultural (A-20a) to Family Agricultural (FA-3a). However, based upon testimony presented at the public hearing, including representations made by the representative of the property owner, the Commission felt that a proper designation of Agricultural (A-5a) would be more appropriate for the subject parcel. The Commission recommended favorable consideration of the change of zone based on the following: 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-5a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Kiloa Extremely Stony Muck (rKXD). This soil consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Unique Agricultural Land" by the ALISH system. "Unique Agricultural Land" are lands that have the special combination of soil, quality, location, growing season and moisture supply and which is used to produce Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Kona Soil and Water Conservation District will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map and "Unique Agricultural Land" designation by the ALISH system. The A-5a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision of 5-acre lots would be compatible with the agricultural character of lands located within the lower elevations of Kaloko Mauka Subdivision which are zoned A-5a and A-3a. The 5-acre lot sizes will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 20-acre parcels. The applicant has agreed to impose restrictive covenants requiring the filing of a conservation plan with the Soil and Water Conservation District as well as restricting the construction of second dwelling units on each subdivided lots. Lands adjacent and to the north, northwest and east of the subject property, above the approximately 2,600 feet elevation, have been rezoned to an A-5a zoned district since 1995. Lands immediately below the 2,600 feet elevation were rezoned to A-3a zoned district in 1980 and 1995. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of Kaloko Mauka Subdivision. However, an increasing number of parcels are being affected with condominium property regimes. The subject property is located at the 2,480 foot elevation. The 'Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered 'Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200 foot elevation be designated as "essential habitat" for the 'Alala. As part of the Office of State Planning's Five-Year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000 foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The subject property, located below the 3,000 foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. While the subject property is located below the elevation recommended for preservation as a habitat for Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 the 'Alala, it is located above the approximately 2,000 foot minimum elevation recommended by the Office of State Planning and the Water Resources Research Center for protection as a watershed area. Approval of the change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Whether a parcel has an Agricultural zoning with a minimum lot size of 5 or 20 acres, uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. Therefore, a favorable consideration of this request will also complement the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan previously cited above. Primary access to the subject area from the Mamalahoa Highway is provided by Kaloko Drive, a County roadway having a pavement of approximately 20 feet with 8 foot wide grassed shoulders within an 80 foot wide right-of-way. This road is able to accommodate the proposed subdivision. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. The analysis of traffic along Kaloko Drive and at its intersection with the Mamalahoa Highway found that there are no appreciable delays at this intersection during the AM and PM peak traffic hours. The State Department of Transportation and County Department of Public Works have expressed the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional homesites placing additional traffic burdens on the intersection. Water for the proposed subdivision development will be provided by the existing County's North Kona Water System. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. An archaeological investigation of the Kaloko ahupua'a was conducted by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the application, archaeological sites may be located within the subject property. The applicants stated that no construction or land alteration activity will commence until such time that the appropriate clearances are secured from the affected State and County agencies. It is recommended that an archaeological study of the subject property be submitted for review and approval by the Planning Director, in Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD), prior to the submittal of plans for subdivision review. Should significant historical sites be located within the subject property, an archaeological preservation/mitigation plan shall be submitted for review and approval by the Planning Director, in consultation with the DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land alteration activities. In addressing potential adverse visual impacts, the clearing of the subject property for individual homesites and agricultural uses may have on the existing upland forest character within the subject area, the applicants have proposed a 60-foot wide "forest reserve easement" for buffer purposes along the existing road, a 60-foot wide structural setback along the existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve easement" along all lot lines not covered by the 60-foot easement and a provision that no-less-than fifty percent (50%) of the entire lot area be retained in forest. These recommended conditions, which has the support of the Planning Director, will attempt to preserve the forest corridor so prominent along the roads of Kaloko Mauka Subdivision. Based on the above findings, approval of the Change of Zone request from Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-5a) zoned 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, the North and South Kona District Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 For your information, the Planning Director's recommendation is approval from Agricultural (A-20a) to Family Agricultural (FA-3a). We are enclosing a copy of the application, a copy of the staff background, the Planning Director's recommendation and various testimony for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LWindwOLPC Enclosures cc: Mr. Thomas H. Yamamoto Mr. Peter Fujieki Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu BW indw01.emm/rhy-06/9/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WINDWARD ENTERPRISES, INC. CHANGE OF ZONE APPLICATION (REZ 98-9) Windward Enterprises, Inc., has submitted an application for a Change of Zone by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-3a) for approximately 21.961 acres of land. The property is located in the Kaloko Mauka Subdivision on the north side of Kaloko Drive at approximately the 2,480 foot elevation, Kaloko, North Kona, Hawaii, TMK: 7-3-25:13. GENERAL INFORMATION 1. Land Ownership: Windward Enterprises, Inc. is the fee owner of the subject property. PROPOSED DEVELOPMENT 2. Request: The owners, would like to subdivide the property into seven (7) lots of approximately 3-acres each. The application is for 21.961 acres, at the 2,480 foot elevation to be reclassified from A-20a to FA-3a. 3. Objectives: "The owner wishes to subdivide the property into 3-acre lots to increase the potential of the property and yet in keeping with the policies established by the County Council to preserve the character of the land and protect and maintain as much as possible the naturally forested areas." 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A - Change of Zone Application dated April 29, 1998) STATE AND COUNTY PLANS 5. SLU: Agricultural 6. Hawaii State Plan Consistency: Economic objectives and policies. 7. General Plan Consistency: Economic, Agricultural and Land Use Elements goals, policies and courses of action. 8. GP LUPAG Map: Extensive Agricultural ATTACH. C-912 (B-272) 9. Kona Regional Plan: Agricultural 10. Zoning: Agricultural 20-acre (A-20a) 11. SMA: The property is not situated within the Special Management Area (SMA). 12. The County Council's Resolution No. 330-96, passed by the County Council for the County of Hawaii on June 19, 1996, established a policy relating to the amendment of zone district boundaries within Kaloko Mauka and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above 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 Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. (See Exhibit C - Resolution No. 330-96) DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Subject Property: The subject property is an irregular shaped lot. 14. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Kiloa Extremely Stony Muck (rKXD), 6 to 20 percent slopes. This soil consists of well-drained, thin, extremely stony organic soils over fragmental A'a lava. The surface layer is very dark brown, extremely stony muck about 10 inches thick. Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is used for woodland and pasture. 15. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. This soil is unsuited for machine tilling. 16. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils within the subject property are classified as "Unique Agricultural Land" by the ALISH System. "Unique Agricultural Land" are lands that have the special combination of soil quality, location, growing season and moisture supply and which is used to produce -2- sustained high quality and/or high yields of a specific crop when treated and managed according to modem farming methods. 17. FIRM: The subject property is located within Zone X, area determined to be outside the 500-year flood plain. 18. 'Alala Recovery Plan: This 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 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 thm 13 of Kaloko Mauka Subdivision, be designated as essential habitat for the 'Alala. 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 subject property is located at an elevation of approximately 2,480 feet above mean sea level, below the elevation recommended as an essential habitat. 19. Flora and Fauna Resources: The subject parcel is heavily vegetated and is covered with ohia, tree fern and a variety of shrubs and non native vegetation. Wildlife seen at the property consists of turkeys, hawks (Fo), Chinese pheasant and other forest birds. Though the area above 3,200 feet in Kaloko has been considered an important habitat for the 'Alala, recent discussions with Jon Giffin of the Department of Land Natural Resources indicate that there have been no sightings in Kaloko during this decade. 20. Surrounding Zoning/Land Uses: The Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot elevation of Hualalai. Between the 1,700 to 2,600-foot elevation, the lands are zoned A-3a and A-20a. At the 2,900-foot elevation, the lands are zoned A-5a and A-20a. At the 3,000 to 4,200-foot elevation, lands are -3- zoned A-10a and A-20a. (See Exhibit B - Current Zoning Surrounding Properties) PUBLIC UTILITIES AND SERVICE 21. Roads: Access is off Kaloko Drive. Kaloko Drive is the subdivision's primary roadway which has an 80-foot right-of-way with a 22-foot wide pavement and 8-foot wide grass shoulders. 22. Services: All essential utilities and services are available to the subject property. AGENCIES' COMMENTS 23. Real Property Tax Office (May 14, 1998 Memo): "Current Real Property taxes are paid through June 30, 1998." 24. Police Department (May 19, 1998 Memo): "The above-referenced application reflects a trend of increasing numbers of applications requesting rezoning in this area of Kaloko Mauka. "If all these applications are approved, this Kaloko Mauka subdivision will perhaps contain five times more lots than originally planned for when the subdivision was first approved (i.e., change of zone applications REZ 98-7 through 98-9). "We foresee an increase in vehicular traffic and requests for police services should these rezoning applications be approved. "Staff requests that rezoning applications in this area be reviewed collectively in order to carefully consider the impact rezoning may have on the Palani Road/Kaloko Drive intersection." 25. Department of Land and Natural Resources, Division of Land Management May 19, 1998 Letter): "After review of the subject application, we have no comment. Thank you for the opportunity to review the same." Department of Land and Natural Resources, Historic Preservation Division (May 27, 1998 Letter): "This is in response to your Memo of May 8, 1998 regarding the subject application. "We have no record of historic sites on the subject parcel, which to our knowledge has not been surveyed, however. It is our understanding from talking to the owner/applicant's agent, Mr. Thomas Yamamoto, that the owner is willing to -4- undertake the necessary survey's of the area they intend to develop and that our approval of a survey report with appropriate mitigation measures, if needed, would be required before we would agree that the project would have `no effect' on significant historic sites." 26. Land Use Commission (May 14, 1998 Memo): "We have reviewed the subject Change in Zone Application as transmitted by - your memorandum dated May 8, 1998, and confirm that the subject parcel, identified as TMK: 7-3-25:13, is within the State Land Use Agricultural District. "We have no further comments to offer at this time." 27. Department of Public Works: (See Exhibit D - June 1, 1998 Memo) 28. Department of Water Supply: (See Exhibit E - May 20, 1998 Memo) 29. Fire Department: (See Exhibit F - May 14, 1998 Memo) 30. Health Department: (See Exhibit G - May 12, 1998 Memo and Applicant's Response - May 20, 1998 Letter) 31. Department of Transportation: (See Exhibit H - May 28, 1998 Memo) AGENCIES - NO RESPONSE 32. HELCO, Department of Agriculture, and Natural Resources Conservation Service PUBLIC COMMENTS 33. The Department has not received any objections from the general public or adjacent landowners on the subject application. -5- COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT WINDWARD ENTERPRISE INC APPLICANT'S SIGNATURE: aI ADDRESS: 162@ N. SeHaot STREET ) S~) S 10L6.41 QLVO HONOLULU. HI. 968'N ° b 214 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS trr V ~"-'"k~ 1 JI' E crr j-I1t ,t 1, a ~CtYi E-r~_- ji<ki Litt Prps d'cj't PHONE: (Bus) (808) 832-8452 (Res) (Fax) 808) 832-8410 LANDOWNER(S) Windwar nt rises / LANDOWNER SIGNATURE(S): wt l (May be by lever) vl LANDOWNER(S) ADDRESS: Same as Applicant REQUEST: A-20a TO FA-3a ( vsung zonmg) (Proposed wrong) TAX MAP KEY (3) 7-3-25:13 STREET ADDRESS OF PROPERTY: KALOKO DRIVE SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.961 ACRES AGENT: Thomas H. Yamamoto ADDRESS: P.O. Box 6150 Kamuela. HI. 96743 TELEPHONE: (Bus) 885-3411 (Res) (Fax) 885-1622 Please indicate to whom original correspondence and copies should be sent. ORIGINAL. Aeent COPIES Applicant L-1 ,B-4 EXHIBIT ~ 'A' TABLE OF CONTENTS APPLICATION FORM 1 VICINITY MAP 2 LOCATION MAP 3 DEVELOPMENT PLAN 4 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT 5 A. Subject Request 5 B. Conformance with State/County Plans 6 C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area 7-9 D. Public Facilities and Services 10 E. Environmental Assessment and Analysis 11 - I la ZONING QUESTIONNAIRE 12 - 15 CURRENT ZONING MAP 16 MAJOR LANDOWNERS and CURRENT USES 17 EXISTING WATER SYSTEM MAPS 18 - 19 KA; OKO MAUKA SUBDIVi `I -•f INCREMENT 1 LOT 1, BLOCK 4 TMK: (3) 7-3-25:13 ~l0 a n..~ K A U L A H A .r•~ K A U P U L E H U .am .00- ~ ~i••~ P U U W A A W A A fwo N A K A U L A O O N A y qq1 V IW MV1 O Ei 8 i000 AFC, e ° K N ~ E II ~ ° N o~ O H P F K~, i pK f P ~ K ~J J L P •l~ J H 0 N l P ~ 4b p U O P J N O VICINITY MAP z ' KALOKO MAUKA - -)IVISION INCREMENT 1 LOT 1, BLOCK 4 0 1 2 3 4 TMK: (3) 7-3-25:13 ~I SCALE IN FEET (X1000) TMK: 7-3-46: Sp Op Cs~ I Z. K A U P U L E H U TMK: 7-3-27: O d I p000 TMK: 7-3-26 Q' TMK: 7-3-25: ~ p0 i 30 S JEC 1 ~ I M A K A U L A 0 0 M A TMK: 7-3-24: 2000 LOCATION MA 5 t'~Op05~~ . 9LOPMENT PLAN s~ MOO MAUKA 5021V1510N TMK; (3O 7-3-2-5 10 Of I, 6L.OCK 4, INCITMT ~ LOfItT~ 36.00 AC. 362 \ \ \ ~~20 I.OT`IC I.Of E m \ 5.00 AC. 3,00-A.G,-~' \ \ \ ~ 2680 I 00 328 ~ 32$ \ Q( 2 - I.Of 9 00 I j l ~O - - - - 00 AC. M 5.00 Aif7 I , 317 2g LOf IA M~~ Itd 5.00 AC, X 5.00 A~- / /i 2560 397 32-7 u 2g80 LOT6 4- Lot 1, Blk 4 TMK 7-3-25:13 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT A. SUBJECT REQUEST 1. Details of Proposed Use/Development Ia. PROPERTY DESCRIPTION The subject property is located on the mauka side of Kaloko Drive at approximately the 2560 foot elevation identified as Lot 1, Block 4 Increment 1, Kaloko Mauka Subdivision, North Kona. The property is heavily forested and has slopes approximately 22%. lb. REASON FOR THIS REQUEST The owner wishes to subdivide the property into 3-acre lots to increase the potential of the property and yet in keeping with the policies established by the County Council to preserve the character of the land and protect and maintain as much as possible the naturally forested areas. I c. NUMBER OF ACRES/SQUARE FEET The area of the subject property is 21.961 acres. 1d. PROPOSED UNITS There are no existing buildings on the property and none is proposed as part of this application. le. TIME FRAME AND COSTS The development is expected to be completed within 5 years with a development cost of approximately 5291,300 for subdivision improvements. 1 f MEMBERSHIP SIZE, ETC Not applicable I g. PARKING ARRANGEMENT Parking shall conform to county requirements for agriculture and residential uses. It is anticipated that there will be one residential unit per subdivided lot. 6 lh. TRAFFIC IMPACTS Traffic impact is expected to be minimal. The development of this property into 7 lots will add six additional residential unit to this parcel. Ii. OTHER RELATED INFORMATION None Ij. PROPOSED ONSITE AND OFFSITE INFRASTRUCTURE The property is along Kaloko Drive which is paved and has water and power lines servicing the area. This development will require a roadway of approximately 800 feet and utilities (water, power, telephone). No offsite improvement is necessary. B. CONFOPMANCE WITH STATE/COUNTY PLANS 2. STATE LAND USE DESIGNATION The SLUC designation is Agriculture. The designation will not change. 3. APPLICABLE GOALS/POLICIES AND OBJECTIVES OF THE GENERAL PLAN The General Plan policy supports rural-style residential-agricultural developments within existing and appropriate rural communities. Likewise the General Plan Support Document in the Land Use-Agriculture subsection provides additional support for this type of development. 4. GENERAL PLAN DESIGNATION This change is expected to conform to the General Plan designation. 5. ZONING The present zoning is A-20a. The proposed zoning will be FA-3a. Several parcels in the vicinity of the subject property have been rezoned to FA-3a. The rezoning of the subject property is consistent with the recent re-zonings. County Council Resolution No. 58-97 recognizes that such rezoning ordinances have set a pattern of Agricultural 3-acre (A-3a) minimum lot size densities in the bottom one-third of the Kaloko Mauka Subdivision. 6. COMMUNITY DEVELOPMENT PLAN The property is not subject to this requirement. (o 7. SPECIAL MANAGEMENT AREA The property is not subject to this requirement. C. PHYSICAL CHARACTERISTICS. ENVIRONMENTAL SETTING & SURROUNDING AREA PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 8.- DESDCRIPTION OF SUBJECT PROPERTY, LOCATION, CLIMATE, TOPOGRAPHY, ETC. The subject property is 21.961 acres in size and is rectangular in shape. It is approximately 5.1 miles inland from the coastline at elevation 2560' and has an average slope of approximately 22%. The property is heavily forested as is the surrounding parcels although several parce' ; within the Kaloko Mauka subdivision have been grubbed. The temperature is 10 to 15 degrees cooler than the coastal areas. Rainfall averages approximately 75" per year. The soil classification is "E" (poor), the area is too rocky for conventional agriculture uses. There are no existing structures on the property. 9. LAVA HAZARD ZONE The property is not designated as Lava Hazard Zone. The earliest flow is approximately 200 years old. 10. DISTANCE FROM COAST LINE The subject parcel is approximately 5.1 miles from the coastline. 11. AGRICULTURAL LANDS OF IMPORTANCE IN THE STATE OF HAWAII (ALISH) DESIGNATION The ALISH designation for this parcel is "other important land", land other than prime or unique. 12. USDA NATURAL RESOURCES CONSERVATION SERVICES SOIL SERVICE REPORT SOIL TYPE The soil type is rPXE, Puna extremely stony muck, 3% to 25% slopes. "In a representative profile the surface layer is very dark brown extremely stony muck about 5 inches thick. It is underlain by fragmented Aa lava. This soil is neutral in reaction. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Roots are matted in the surface layer, but some roots extend to a depth of 20 inches into the cracks in the lava. The soil is used for woodland, pasture, and orchards." 7 13. LAND STUDY BUREAU SOIL RATING The rating is E270. The agricultural suitability of this land type "E" is very poorly suited. 14. FIRM DESIGNATION The Flood Insurance Rate Map (FIRM) designation is "X". 15. EXISTING DRAINAGE WAYS OR IMPROVEMENTS - There are no visible existing drainage ways or improvements other than roadside drainage swales. Because of its rocky nature no runoff or erosion are visible or have been experienced in this area. Much of the environmental setting within this area has not changed since the construction of Kaloko Drive and other secondary roads approximately 25 years ago. The forest he taken over the cleared areas needed to build the roads exc. pt for the travel ways and shoulders. Very few lots have been grubbed and cleared for pastoral or other uses. 16. AIR/NOISE/WATER QUALITY The subject parcel has not been disturbed as well as the surrounding parcels and has been in its natural state except for the existing infrastructure. Except for the minimal traffic, there is no evidence of any visible environmental degradation. HISTORICAL RESOURCES 17. EXISTING ARCHAEOLOGICAL, CULTURAL OR HISTORIC SITES In 1970 and 1971, the developers of Kaloko Mauka funded an archaeological study of the Kaloko ahupuaa. Additionally, the National Park Service published in 1991 a report entitle "An Ahupuaa Study: The 1971 Archaeological work at Kaloko Ahupuaa, North Kona". Of significant findings were remains of an agricultural field system up to the 3500-foot elevation at certain locations. The Historic Preservation Division of the State Department of Land and Natural Resources indicated that an archaeology study and field investigation was commissioned by lot owners. No report has yet been received by the Department. NATURAL RESOURCES 18. EXISTING FLORAL/FAUNAL RESOURCES The subject parcel is heavily forested with native trees and shrubs such as ohia, tree fern as well as other non-native plants. Minimal clearing in the future is not expected to bring appreciable change. Wildlife in the area consists of miscellaneous forest birds such as Chinese pheasant, turkeys, hawks, and other mammals. Minimal clearing is not expected to damage habitat for the wildlife. 19. SCENIC OR COASTAL RESOURCES The subject parcel is 5.1 miles from the coastline and does not impact its resources. In- as-much-as the area is heavily forested views from the parcel is minimal if any. Any structures built would probably be hidden by the trees and shrubs. SOCIAL-ECONOMIC CHARACTERISTICS 20. SOCIAL SETTLEMENT PATTERN FOR THE AREA Approximately 5 plant nurseries exist within the Kaloko Mauka development. These are operated mainly by the lot owners who also live on the site. Purchasers of lots and home builders within the development are of the upper middle class who are either retired or have employment in West Hawaii. Many of these are people who have upgraded their lifestyle by purchasing lots in the development and built homes. Investments in house and lot are expected to be in the range of $350,000 to $450,000. 21. ECONOMIC RESOURCES OF THE AREA Aside from the few nurseries the development is residential in nature with a large portion of the forested areas undisturbed. A few lots are in pastorial use. The best use of the land is low density residential with minimal clearing of the forested areas. 22. LAND VALUES The value of land in Kaloko Mauka has remained relatively stable over the years. The selling prices for 3-acre lots range from $180,000 to $200,000. For 20-acre lots the range is $425,000 to $650,000. 13 SURROUNDING LANDS 23. LAND USE Immediately surrounding the subject parcel, the use is primarily low-density residential with a minimum amount of clearing of the forested areas. Although the Kaloko Mauka subdivision was originally subdivided into large parcels (20-acre minimum) numerous re- zonings have been approved for 3, 5, and 10-acre lots. Other land uses include nurseries and grazing for cattle. - Lands surrounding Kaloko Mauka are owned by the State of Hawaii, Bishop Estate and Palani Ranch. The primary uses of these lands are either grazing or in natural forests. (see map, "Major Land Owners and Current Uses" ) 24. ZONING The existing zonings of the surroundin€ parcels are shown on map, "Current Zoning" D. PUBLIC FACILITIES AND SERVICES 25. DESCRIPTION OF ACCESS The primary roadway through the Kaloko Mauka Subdivision is Kaloko Drive, an 80 foot right of way, 20 foot pavement width and 8-foot shoulders. The subject property fronts Kaloko Drive within the Kaloko Mauka Subdivision. The grass swales have been effective in handling the runoff with no evidence of erosion along the roadside. There should be no appreciable impact on the roadway infrastructure from this project. 26. AVAILABILITY OF WATER The Kaloko Mauka Subdivision water system is serviced through Kaloko Booster Pump No. 1 along the Mamalohoa Highway at elevation 1440 feet. Through a series of booster pumps, water is pumped to 7 reservoirs for a total storage capacity of 510,000 gallons. The mauka reservoir is at elevation 5106 feet making it possible to service the subdivision at its higher elevations. See map "Existing Water System" The subject development will add only 6 additional lots. No water is contemplated for landscape or agricultural uses because of the high rainfall. 27. SEWAGE DISPOSAL Wastewater disposal will be in accordance with the policies and standards of the State Department of Health. Septic systems have been approved by the DOH on previous rezoning applications. to 28. SOLID WASTE Solid waste disposal will be by individual lot owners or through private collectors. 29. POLICE AND FIRE PROTECTION Impacts on police and fire protection are at a minimum with a 6-lot addition in this development. All roadways are paved and able to handle the anticipated traffic and equipment. 30. SCHOOLS Public schools are available with the school district. Kealakehe Elementary School services the lower grades, while the newly built Kealakehe High School will service the middle and upper grades. Several private pre-school are strategically located through-out the community. 31. PARKS Public parks and playground facilities are located at the Old Airport grounds in Kailua town. 32. OTHER UTILITIES AND SERVICES Overhead power and telephone services are existing within the road right of way and are available to the proposed development. E. ENVMONMENTAL ASSESSMENT AND ANALYSIS 33. RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY After completion of road improvements and partial clearing of the property, the proposed residential uses will be permanent with minimal impact. 34. MITIGATIVE MEASURES PROPOSED TO AVOID, MDgMLZE, RECTIFY OR REDUCE IMPACT The following mitigating measures are being proposed: a. A 60-foot "forest reserve easement" for buffer purposes along the existing road b. A 60-foot structural set back along the existing road c. A 30 foot "forest reserve easement" along all lot lines as a buffer between parcels d. At least 50% of the lot area shall be retain in forest e. A restriction against second dwelling on each lot f A conservation plan shall be prepared for the subdivided lots /1 g. A "fai, s,,..,e" contribution to mitigate any paten,..., regional impacts 35. ALTERNATIVES TO THE PROPOSED DEVELOPMENT There are no other reasonable alternatives except not to subdivide and leave the parcel undivided. 36. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURES THAT WOULD BE INVOLVED IF PROPOSED ACTION IMPLEMENTED A maximum of 50% of the forested area would be disturbed for the construction of _a dwelling and other structures. Cleared areas will be landscaped partly with indigenous plants as well as introduced foliage. //2 CID ENT ATTA Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject \J land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 'Z b. Into what lot sizes? c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to tue Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? D If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) s/84 /2 L I f. If you intend to ao 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? How? (PcD vcL Qd(d i ti o n 1 4. Are there any buildings on the subject area? If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? N o If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? e 5 If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in " commercial agriculture? !3 Cz-) d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. _ If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. - 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? /V a If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? ICI O If so, what kind? Is the road adequate for the proposed traffic volume or load? 5 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 `C b. Roads 1[ c. Sewer d. Drainage L3-) !4- L Yes No e. Police Protection X f. Fire Protection u g. Recreational Facilities X h. Public Utilities X i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: JI I r l Address: 585 1<0 DI,aH) WL,VV Telephone &,v, 54V4 RoAiPA, : q y N,,~(~ I C cl~ Date: i4 l- a'CI S 0 lAff& l 1~~ I, w PD 5 D w 0 4 o ~D 2 N 0 p~° 5 5 = 5 ~ a T W fi•x` PO o W N r, m O c m 0 5 D D 1 PD 0 -0g0 4 rn ,~M> / " O / SCALE: 1" = 1000' i d Z Q / / 2Ico KALOKO MAUKA SUBDIVIr 10 INCREMENT 1 l LOT 1, BLOCK 4 J~ TMK: (3) 7-3-25:13 6\SNCP fiend (ea,, - - - SCI E IM FEET tXIUO) K A U L A N A MAKALEI HAWAII K A U PU LE MU (Golf Course) P U U W A A W A A eaao H A K A U L A 0 0 N A I. STATE (Forest) 8 WIN) 'A 0 ~ P J l~oCes~l \pH 0 K 1 H E PKC Kf PJ PN\~US ~ I 001 NJp J 5` \e~l \\1b H J H 0 1 P P P J 0`J P`0 P H II I /7 MAJOR LAND OWNERS and CURRENT USES KALOKO MAUKA S- 'DIVISION INCREMENT 1 rsv~ LOT 1, BLOCK 4 0 1 2 3 4 TMK: (3) 7-3-25:13 SCALE IN FEET (X1000) LEGEND vuat~K TMK: 7-3-48: • rt~.voe 5000 Cs~ d K A U P U L E H U TMK: 7-3-27: • O a n. z No. 5 d OAB MG. g5. A000 O TMK: 7-3-26 rx~wa~~n.+ W olo MG. X5. O 'iTMK: 7-3-25: '5000 S JEC rxirvzrzW.5 OOB Mr. ¢5. M A K A U L A 0 0 M A TMK: 7-3-24: 9m M4 ¢ . 2000 -L I~ I I iI EXISTING ' WAT ;li ER STEIT SOT EL 41T9,p,FEL4719 JPOOSTER, EL 4179 - _ 2_ 60 GPM. P.R.V..EL 371 OUT P.51.: - ' 2'= 97' KALOKO SITE N0. 5 q• - P.R.V. F1 3"40 0.10 M.G.RES. - OYT P.S.I: * _ BOT. EL 3616.50, 0.! EL. 3631.00 2' a 55 BOOSTER, EL. 3616.50 9'• \f 2-120 G.F.M. - 4 4 P. SM., EL: 3130 - 4 - 6' • ~ 0YT P.S.I.I.: A A' P.RM,EL. 3415 - ' - 2 • OUT PS L•- KALOKO SITE NO 4 Y _ 2"s 45 0.10MG.Rb S 1301 EL 3 9P, : F EL 3112.50 P. R.V, EL 3155 - 120 G.PM < OUT P.S.I.: 2".6g P.RV.,EL291O _ r~ r --i1~~• OUT P;..l, 2-43 _ a PR.V.,EL.2661 OUT PS.I.: 2": 47 P.RV.,EL 2625 2 OVT P.S.I.: 20 _ A 1 _`-KALDKO SITE NO. 3 0.08MG RES 80T. EL. 251I,O.FEL.2525.50 _ BOOSTER EL.2511 ~ v EL. 2160 2 -14OG.kM. OUT P.S.I.: PRV EL°!80 - 2" - 64 OUT~S.1. 2a: 55 _ 1 - - s PRV SITE No. 2, EL 1970 Y Y yr 4' a j OUT P.S.I.: 30 0.30M.G.RES. 4 2,.c 100, kzjOO N Y 'L. 1800 - 0 2 ` 63, 2 =63 . E., leis , -a W _ z `.~aoao KALOKO SITE NO. 2 . _ 0.05 M:B r _ - : BOT. EL. 1978, O.E EL. qZ.5 • t - BOOSTERS, EL 1978 - O _ w 2-140G.P.M. - 8 - HONOKOMAU 0.05M.G.RES. _ 9 80T EL. 1492.85 - ~i" \L 6 KAI OKO BOQriTER NO. I Z O•F EL 1507.35 1 _ i ,~R V.,EL-1465 - _ m - EL 1440, 2-140 G.P.M. ^ s ' 2 60 ~ - P.R V, EL 1440 2=116- ° l0 M.G. RES NO. \ 1:'-'} ~ ~ _ - ; KALOKO 030M.G.RES . z a CO •vf+ 8 l 1BOT. EL. 1440 Z Z~ BOOSTER, ELI 38 1455 1T > If Z 3 PALANI 0.10 KG. RES PF~V. EL.1035 2-250.r,pM., 1-1500G.P.M _ 8005TER-STA. N0. 4-, _ . - e - q ..i0MG.RES. 40.2 8• 8" 8 .t• l SoLJ RG~; 1Tr•T? ~l'`T _ _ g' m A• a• ~`PARIOLO C' E17~TTt ' ` 9 - W C ~I D / / s /n i x S D u 0 9 I ' N 9 S 5 ~ i D 9 \/Y fJj CA) a 6 U D N m .L r O n x m N W 5 A D D - v I .L W MOM `1 v 0 J~~ rn AD n 4~ N / SCALE: 1 " 1000' 3a rtSZ / g~Z COUK . JF HAWAII STATE r HAWAII RESOLUTION NO. 330 96 C~ .o r yam` ~ Jam.: .o ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA 9iy WATERSHED AND MAUKA FOREST AREAS. q~ WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use district and the county Agricultural - 20 acre (A-20a) zoned district; and WHEREAS, although a significant amount of the native forest cover has been removed throughout the original subdivision for pasturage, recreation and residential use since its initial development, a substantial amount of forest cover remains on lands above the 3,500-foot elevation above sea level, which lands comprise the upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level, all lands are in the state Agricultural land use district (L.U,D.) and the county A-20a zoned district (or the equivalent, by way of owner-initiated cluster/open space zoned district combinations) and are in pasture and forest use, with the exception of several forest reserve areas which are in the state Conservation L.U.D.; and . WHEREAS, from time to time since the initial subdivision was completed, various lot owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be further subdivided, and to date most such change of zone applications have been approved by the council and enacted by ordinance; and WHEREAS, such rezoning ordinances have established a pattern of (1) Agricultural - 3 acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the 2,600-foot elevation and (2) Agricultural - 5 acre (A-5a) minimum lot size densities in a narrow band immediately above the A-3a zoned district, extending to the 2,900 foot elevation; and WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision reportedly have one or more single family dwellings thereon and approximately fifty percent are reportedly improved with two or more dwellings; and 'Cl 1 ~ WHEREAS, several property owners have cited these heigntened levels of effective density and initiated requests for rezonings of lands in the upper half of the Subdivision from the A-20a zoned district to an Agricultural - 10 acre (A-10a) zoned district, which requests, if approved by the council, would indicate a zoning policy supportive of ten acre minimum lot sizes throughout the upper half of the Subdivision; and WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" of ten acre property interests under provisions of the state Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and mortgageable interests on a single lot without regard to the county zoned district such lot may be in; and WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions through the application of the C.P.R. law, it finds that such misuse should not be cause to compromise the value and force of county zoning powers, and instead may be reason for the state legislature to aniend the C.P.R. law to prevent misuse on lands in state Agricultural land use district; and WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, far above the elevation where the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the County of llawaii, promote its use as pre-cursor of up-zoning pressures throughout the - island's watersheds and signify that ten acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densities in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattem long established for the mauka, watershed lands of the island of Hawaii, and the Kona region in particular, for a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that no lands above 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 Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning Commission. Dated: Hilo, Hawaii, this 19th day of Jane -'1996. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE COUNTY COUNCIL County of Hawaii AYES NOES ABS EX Hilo, Hawaii Arakaki x Bonk-Abramson X Childs x 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of De Luna X the County of Hawaii on _ June 19, 1996 Domingo R Osorio X Rath X %TTEST: r Ray x Smith x 6 2 1 0 Reference C-1199/PC-124 -OUNTY CLE CH & PRESIDING OFFICER RESOLUTION NO. _330 96 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE June 1, 1998 Memorandum TO Planning Director FROM n M Kuba, Chief Engineering Division SUBJECT: Change of Zone Application (REZ 98-9) Applicant: Windward Enterprises, Ltd. Location: Kaloko, North Kona, HI TMK: 7-3-25:13 We have reviewed the subject application and our comments are as follows: 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. 3. A drainage study should be prepared and a drainage system should be installed meeting with the approval of DPW. 4. Applicant shall be informed that if drywells are included in the subject improvements, an Underground Injection Control (UIC) permit must be applied for from the Department of Health, State of Hawaii. 5. All grading and grubbing activities shall comply with chapter 10 of the Hawaii County Code. 6. The sight distance must meet the requirements of the Statewide Design Manual. !oil v Memo to Planning Director June 1, 1998 Page 2 7. Vehicular access shall meet with the approval of the Department of Public Works. All lots should be accessed from one common access road. TWP:sls cc: Engineering - Hilo Engineering - Kona Planning - Kona girt, DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o 25 AUPUNI STREET • HILO, HAWAII 96720 ~•wla. TELEPHONE (808) 961-8660 FAX (808) 961-8657 May 20. 1998 TO: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. 98-009 APPLICANT - WINDWARD ENTERPRISES, LTD. TAX MAP KEY 7-3-025:013 We have reviewed the subject application for the proposed change of zone and have the following comments. Water can be made available from an existing six (6)-inch waterline along Kaloko Drive. Pursuant to the Department's "Water Commitment Guidelines Policy." a copy of which is being forwarded to the applicant. a water commitment may be issued. Based on the six (6) additional units requested in the proposed seven (7)-unit change of zone. the required water commitment deposit is $900.00. Remittance by the applicant of the $900.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. 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 depending on the water situation. For the applicant's information. should the subject change of zone request be approved and a subdivision application is executed, approval will be subject to the following requirements: / 1)493-3 ~ ater brims `~ro~reda... Planning Department Page 2 May 20. 1998 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow conditions: minimum diameter of mains shall be four (4) inches, and b. service laterals that will accommodate a 5/8-inch meter to each lot. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review ano approval. 2. Remit the prevailing facilities charge and capital assessment fee, which are subject to change. of $20,250.00 and $3.000.00. respectively. These are due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 3. Convey the water system improvements along with the necessary easements to the Water Commission, County of Hawaii. Should there be any questions. please call our Water Resources and Planning Branch at 961-8660. Y MI n. Pavao, P.E. Ma ager~ WA: ms Att. copy - Watt.) Windward Enterprises. Ltd. (w/o att.) Customer Service Sections (Hilo. Kona, Waimea. Ka'u) v os y~4 uWeNelson M. Tsuji Stephen K. Yamashiro Fire Chief sfa>o. i Edward Bumatay Deputy' Fire Chief f~iitt'~ ~c, rrunfv o 'CM26jaii FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane • Hilo. Hawaii 96720-4239 (808) 961-8297 • Fax (808) 961-8296 May 14, 1998 To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98-9) APPLICANT: WINDWARD ENTERPRISES, LTD. REQUEST: A-20a TO FA-3a TAX MAP KEY- 7-3-25:13 The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). 0', Lcq 1165^ / s 1 Tc: Virginia Goldstein, Planning Director Page 2 May 14, 1998 113. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The urobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 May 14, 1998 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 11(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos To: Virginia Goldstein, Planning Director Page 4 May 14, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply- 11 (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 May 14, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." NE Fire Chief NMT/mo ~ or y~i y'r', as BENJAMIN J. CAYETANO LAWRENCE MIKE 'OOERNOR DIRECTOR OF HEALTH aCt f STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 12, 1998 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno A" District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 98-9) Applicant: Windward Enterprises, Ltd. Request: A-20a to FA-3a Tar Map Key 7-3-25 13 The subject lot(s) are located in a Critical Wastewater Disposal Area. Under current rules, a lot size of five (5) acres or more are required for the use of a cesspool. A septic system may be utilized for lot sizes less than five acres. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." P7.O.REZ98-9.1111 9XHIB1T ('4591 p P.O. BOX 6150 Land Development and Planning KAMUELA, Hl. 96743 Tel (808) 885-3411, Fax(808)885-1622 e-mail thy@aloha.net May 20, 1998 Ms Virginia Goldstein, Director County Planning Department 25 Aupum Street Hilo, Hawaii, 96720 Dear Ms. Goldstein, Re: Change of Zone Application (REZ 98-9) Applicant: Windward Enterprises, Inc Request: A-20a to FA-3a TMK: 7-3-25:13 Reference is made to a memorandum dated May 12, 1998 to Virginia Goldstein, Planning Director from Aaron Ueno, District Environmental Health Program Chief regarding wastewater disposal. Please be informed that the applicant intends to comply with the current rules of the Department of Health regarding wastewater disposal and underground injection control. In this instance, septic tank systems will be utilized. Please call me if you have any questions. Thant: you. Very truly yours, Thomas H. Yamamot President cc: DOH Windward 4 9 L BENnAMIN J. CAYETANO Ln KAZU HAYASHIDA GOVERNOR ~ DIRECTOR DEPUTY DIRECTORS BRIAN K. KMINAAI IMO GLENN M. OIMOTO a q4, ~Y, STATE OF HAWAII GGw`' IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION HWY-PS 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 2.9465 MAY 2 8 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 98-9), A-20a to FA-3a, Star Markets, Ltd., Kaloko Mauka, North Kona, Hawaii, TMK: 7-3-25: 13 Thank you for the opportunity to review the subject application. We have the following comments regarding the intersection of Kaloko Drive and Mamalahoa Highway: 1. No further development should be permitted until the intersection is improved. 2. Sight distance improvements at the intersection _ zust be implemented. 3. The intersection must be channelized and a street light provided. 4. All improvements must be made at no cost to the State. 5. All plans for improvements within the State highway right-of-way must be submitted to our Highways Division Hawaii District office for review and approval. Very truly yours, 4 44~ KAZU HAYASHIDA Director of Transportation EXH1511 (.)5173 RW indw0l. emm/rhy-06/9/98 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WINDWARD ENTERPRISES, LTD. CHANGE OF ZONE APPLICATION (REZ 98-9) - Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-3 acres (FA-3a) zoned district be forwarded to the County Council. This recommendation does not, however sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-3 acres (>!A-~a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: # Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ¦ Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Kiloa Extremely Stony Muck (rKXD). This soil consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Unique Agricultural Land" by the ALISH system. "Unique Agricultural Land" are lands that have the special combination of soil, quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Kona Soil and Water Conservation District will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map and "Unique Agricultural Land" designation by the ALISH system. The requested FA-3a zoning is consistent with the recommendation of the Kona Regional Plan. -2- The proposed subdivision of 3-acre lots would be compatible with the rural- character of lands located within the lower elevations of Kaloko Mauka Subdivision which are zoned A-5a and A-3a. The 3-acre lot sizes will provide opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 20-acre parcels. The applicant has agreed to impose restrictive covenants requiring the filing of a conservation plan with the Soil and Water Conservation District as well as restricting the construction of second dwelling units on each subdivided lots. Lands adjacent and to the north, ;south and southwest of the subject property have been rezoned to an A-3a zoned district since 1980. The subject property is adjacent and to the west of 3-acre zoned lands. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of Kaloko Mauka Subdivision. However, an increasing number of parcels are being affected with condominium property regimes. The subject property is located at the 2,480 foot elevation. The 'Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered 'Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200 foot elevation be designated as "essential habitat" for the 'Alala. As part of the Office of State Planning's Five-Year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000 foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The subject property, located below the 3,000 foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. While the subject property is located below the elevation recommended for preservation as a habitat for the 'Alala, it is located above the approximately 2,000 foot minimum elevation -3- recommended by the Office of State Planning and the Water Resources Research Center for protection as a watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Whether a parcel has an Agricultural zoning with a minimum lot size of 3 or 20 acres, uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. Therefore, a favorable consideration of this request will also complement the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan previously cited above. Primary access to the subject area from the Mamalahoa Highway is provided by Kaloko Drive, a County roadway having a pavement of approximately 20 feet with 8 foot wide grassed shoulders within an 80 foot wide right-of-way. This road is able to accommodate the proposed subdivision. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. The analysis of traffic along Kaloko Drive and at its intersection with the Mamalahoa Highway found that there are no appreciable delays at this intersection during the AM and PM peak traffic hours. The State Department of Transportation and County Department of Public Works have expressed the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional homesites placing additional traffic burdens on the intersection. Water for the proposed subdivision development will be provided by the existing County's North Kona Water System. Wastewater generated by the proposed development will be disposed of utilizing an individual wastewater disposal system for each lot meeting the requirements of the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. -4- An archaeological investigation of the Kaloko ahupua'a was conducted by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the application, archaeological sites may be located within the subject property. The applicants stated that no construction or land alteration activity will commence until such time that the appropriate clearances are secured from the affected State and County agencies. It is recommended that an archaeological study of the subject property be submitted for review and approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-BPD), prior to the submittal of plans for subdivision review. Should significant historical sites be located within the subject property, an archaeological preservation/mitigation plan shall be submitted for review and approval by the Planning Director, in consultation with the DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land alteration activities. In addressing potential adverse visual impacts, the clearing of the subject property for individual homesites and agricultural uses may have on the existing upland forest character within the subject area, the applicants have proposed a 60-foot wide "forest reserve easement" for buffer purposes along the existing road, a 60-foot wide structural setback along the existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve easement" along all lot lines not covered by the 60-foot easement and a provision that no-less-than fifty percent (50%) of the entire lot area be retained in forest. These recommended conditions, which has the support of the Planning Director, will attempt to preserve the forest corridor so prominent along the roads of Kaloko Mauka Subdivision. Based on the above findings, approval of the Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-3 acres (FA-3a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. -5- 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. -6- 88/18/98 11:81 'Q THE BEALL CORP fool June I a. 1998 Virginia Goldstein. Chairman Flawaii Comity Pig Commission RE: Application fOr ohaoge of 7-OW for TMK 7-3-25:13 & 12 by Windward Faterp>isee, lac. Hearing, June 19, 1996, Kona Surf Hotel Gcntlc=116 I belleve that my good neighbors have awassed their feelings regarding the nw&mmn size of Iota ki Kalcko Mauka particularly above the 2500' clevetiaa 1 willuat sd&me does except to say that seasith* to the forest, a rrxh mnm nwnber of lots and privacy am of paramouns fiWrtaxcc to those of us who live there. These are the reasons we dwell hate. V-midward Enterprises, Int, have been good and cooperative neighbors and appear to be cognizant ofthese issues. As to 7-3-25:12 Im 9 (proposed lots 9F, 9E and 9D) Windward has granted soma site easements as required by the County per the attached map ("SD-I" and "SD-2"j. The purposes of these emetnents arc to keep the vegetation at a level for vehicular aaTety wound the curve. It would seem logical that in order to preserve the forest std buikling act bath hueg"OW 19te setbecks should be increased along Kaloko Drive following the widths of the site easements. Your conaidcratktn is very much appreciated Very truly Yotus, Alan C. Beall Presidannt/Owner TNM 7-3-25:17 _ ? rtg by c d _ Read FILt3 COPY f 06118/1998 11:III 80832F9102 JFAN A LOPANT PAGE 01,' , JUN 18 fl~ iC3 5`i .__...------_.__;,l~fia__1~lde~e-_s--.5u~...~Gr.. •xe!r.,..y~...,1,;.~. xl~.l-_zL~._~_--_~ ~ ~ O ~_~l.~+~ L..~. ~~e4+.... ~"d~[~~e.~G~Ea-..lesi~Erles_._."r- ~CJ~L'iwi~''~- • .mac. - - 4. FROM S"ONE PHONE NO. : 3253201 Jun. 17 1998 12:33PM PI X43 FROM Michael/ and Gale A. Sansone qp so! 17 P~ 1 ~9 teleph: 8081325-3201 , i . Fax: 8081325-3293 C0~'iTY ~r I1~WAl1 TO: Curtis Tyler 8081326-5697 Planning Commission 8081961-8742 Al Virginia Goldstein Date: June 17, 1998 Subject. Application for Change of Zone to come before the Planning Commission on June 19, 1998 in Kona Lot I Block 4, TMK (3) 7-3-25:13 and Lot 9 Block 4, TMK (3) 7-3-25:12 The initial request for these lots was from Ag 20 to Ag 3. The Kaloko Community members are requesting that the minimum lot size be no less than 5 acres so the that the native forest which covers this property could be dedicated to forest designation with the county tax office and could be included in the State Forest Stewardship Program. Per Mr. Yamamoto, the owners would be in favor of this change in order to be sensitive to community concerns. The majority of the Kaloko Community feels that any subdividing must consider protection of the native animal and plant species and consider that Kaloko is part of the cloud forest and watershed area. We also feel that the same measures proposed for ten acre parcels should be considered for the five acre parcels. That is: 100 foot setback from existing roads, 100 foot structural setback along existing roads, 30 foot forest reserve easement along all lot lines, and at least 80.0 of the parcel to remain in forest. A special Thank you to Tom Yamamoto and the owners for their co- operation with the Kaloko Community. Thank you, (156'75 MPKUTIVE E%TENSION SERVICE Unim9ly ot Hawat( at Yam • Coitus of Tm*d A6"tlue tud Haman Rwoa &qA JUhJ 16 PM 1 18 us" at to Dopeb" of Abtio NM O"M tY .n~r~;_, C1~. Pt CCU}iTY yr ii iq * it To: Virginia Goldstein and Planning Department From; Norman Bezona PO Box 936 Kailua Kona, Hawaii 96745 Please copy to Planning Commission Members and County Council Date: June 15„ 1998 _ Subject: Applications for Change of Zone to come before the Planning Commission on June 19, 1998 in Kona Kaloko Subdivision Increment 1, Lot 1 Block 4, TMK(3)7-3-25:13 and Lot 9 Block 4, TMK(3)7-3-25:12 The initial request for these lots was from Ag 20 to Ag 3. Kaloko Community members met with Tom Yamamoto who is representing the owners of the lots and asked if the owners would consider keeping the minimum lot size to 5 acres or more so that the native forest which covers the lots could be dedicated to forest designation with the county tax office and could be included in the State Forest Stewardship Program. Mr. Yamamoto met with the owners and got back to the Kaloko Community members saying they would be in favor of that change in order to be sensitive to community concerns. In this manner, the native forest and watershed will be kept in tact, protecting native animal and plant species. This area is also part of the mauka cloud forest that enhances precipitation for the region. I would also suggest that the same mitigating measures proposed for ten acre Kaloko parcels be considered for the five acres parcels. That is: loo foot set back from the existing road, loo foot structural setback along existing road, 30 foot forest reserve easement along all lot lines, At least 8o% of the parcel to remain in forest, a forest management plan be developed to assist owners in forest stewardship. I wish to commend Tom Yamamoto and the owners he represents, Star Markets and Windward Enterprises for their sensitivity to the Kona community and our need to protect Kona,& unique cloud Forest. Future zone changes within the mauka Kona forest area should reflect this kind of ecologically sensitive foresight. I would urge the Planning Department and Planning commission to take the lead in the efforts. Mahalo. 8a,ni1 0amtf'P.O. Hoa 208•irtalcalaa, Hawaii 96700 An Equal Opportwnily/Affirmative Action Institution G,3 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT KALOKO MAUKA SUBDIVISION INCREMENT 1 LOT 1, BLOCK 4 TMK (3) 7-3-25: 13 CHANGE OF ZONE A-20a to FA-3a Owner/Applicant: Windward Enterprises 1585 Kapiolani Blvd COUNCIL COPY Suite #1218 DO NOT REMOVE Honolulu, HI. 96814 Agent: Thomas H. Yamamoto P.O. Box 6150 Kamuela, HI. 96743 TABLE OF CONTENTS APPLICATION FORM 1 VICINITY MAP 2 LOCATION MAP 3 DEVELOPMENT PLAN 4 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT 5 A. Subject Request 5 B. Conformance with State/County Plans 6 C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area 7-9 D. Public Facilities and Services 10 E. Environmental Assessment and Analysis 11 - 11 a ZONING QUESTIONNAIRE 12 - 15 CURRENT ZONING MAP 16 MAJOR LANDOWNERS and CURRENT USES 17 EXISTING WATER SYSTEM MAPS 18 - 19 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT WINDWARD ENTERPRISE INC APPLICANT'S SIGNATURE: a L,,,, J. ADDRESS: i 620 ?4. S0 if) ft SR;EEET I S K 0 L 641 GL Vo HONOLULU. HL 96W ~ 6 14 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS YCti LI~ ~~,t ~r t! 1'fp'`c"~'-'11t L4?c~ ~C 1~'~ 'ice Pros, ~lf~ PHONE: (Bus) (808) 832-8452 (Res) (Fax) (8081832-8410 LANDOWNER(S) Windward mernnses LANDOWNER SIGNATURE(S): w%, (May be by letter) y LANDOWNER(S) ADDRESS: Same as Applicant REQUEST: A-20a TO FA-3a (Existing zoning) (Ropoxd zoning) TAX MAP KEY (3) 7-3-25:13 STREET ADDRESS OF PROPERTY: KALOKO DRIVE SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.961 ACRES AGENT: Thomas H. Yamamoto ADDRESS: P.O. Box 6150 Kamugla. HI 96743 TELEPHONE: (Bus) 885-3411 (Res) (Fax) 885-1622 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES Applicant L-I ,B-4 KALOKO MAUKA SUBD. A ON ~ INCREMENT 1 LOT 1, BLOCK 4 TMK: (3) 7-3-25:13 rw~' K A U L A N A K A U P U L E H U 4M P U U W A A W A A saoa MA KA U LA 0 0 X A 4 V ~W xua ~ a~ 8 crop H g O 1 1 P M{ , K o g N B n NONOKpN P ~ P K \-N ~ P \ K P K f P K l ~o K E .N V N U N ° \~b P P P ~ 0 P P ~ ~U N ° VICINITY MAP z KALOKO MAUKA -)UBDIVISION INCREMENT 1~_rRU` LOT 1, BLOCK 4 0 1 2 3 4 TMK: (3) 7-3-25:13 SCALE IN FEET (X1000) TMK: 7-3-48: 50p0 (s~ tG K A U P U L E H U TMK: 7-3-27: d App O TMK: 7-3-26 W O ~ TMK: 7-3-25: "SOpO S JEC M A K A U L A 0 0 M A TMK: 7-3-24: 2pp0 LOCATION MA a \ \ t't:OP05~C t2 Vt LOPMENT PLAN KALOKO "KA 5U6t9IV15i0N 7-3-25 ;13 9~F \ TMK; (5) LOO I, FLOCK 4, INCIFFMT o 683 \ \ cn 0) ° I.OfItT~` ° 3623,00 AC. ` \ ~~~0 ~OfiIC- I,Of E \ \ \ \ \ ' 3,00 AC. 3,a0-AG, r Z68 \ ~O 00 328 ~ X28 \ \ \ Of Z L or LOf 9 ~I1 N LOf ID Lor Ir N _ ~26g0 00 300AC. M3,00 Ae!- 317 317 Of IA M I. Id 3,00 AC. X3,00 ACS ~i ~ ?560 397 ~97 _ u x\2520 \ ~ ~ ~880 I.Of 6 I.Of I I I Lot 1, Blk 4 TMK 7-3-25:13 BACKGROUND AND COUNTY ENVIRONMENTAL REPORT A. SUBJECT REQUEST 1. Details of Proposed Use/Development Ia. PROPERTY DESCRIPTION The subject property is located on the mauka side of Kaloko Drive at approximately the 2560 foot elevation identified as Lot 1, Block 4 Increment 1, Kaloko Mauka Subdivision, North Kona. The property is heavily forested and has slopes approximately 22%. lb. REASON FOR THIS REQUEST The owner wishes to subdivide the property into 3-acre lots to increase the potential of the property and yet in keeping with the policies established by the County Council to preserve the character of the land and protect and maintain as much as possible the naturally forested areas. le. NUMBER OF ACRES/SQUARE FEET The area of the subject property is 21.961 acres. Id. PROPOSED UNITS There are no existing buildings on the property and none is proposed as part of this application. le. TIME FRAME AND COSTS The development is expected to be completed within 5 years with a development cost of approximately $291,300 for subdivision improvements. if MEMBERSHIP SIZE, ETC Not applicable I g. PARKING ARRANGEMENT Parking shall conform to county requirements for agriculture and residential uses. It is anticipated that there will be one residential unit per subdivided lot. 6 lh. TRAFFIC IMPACTS Traffic impact is expected to be minimal. The development of this property into 7 lots will add six additional residential unit to this parcel. 1 i. OTHER RELATED INFORMATION None 1j. PROPOSED ONSITE AND OFFSITE INFRASTRUCTURE The property is along Kaloko Drive which is paved and has water and power lines servicing the area. This development will require a roadway of approximately 800 feet and utilities (water, power, telephone). No offsite improvement is necessary. B. CONFORMANCE WITH STATE/COUNTY PLANS 2. STATE LAND USE DESIGNATION The SLUC designation is Agriculture. The designation will not change. 3. APPLICABLE GOALS/POLICIES AND OBJECTIVES OF THE GENERAL PLAN The General Plan policy supports rural-style residential-agricultural developments within existing and appropriate rural communities. Likewise the General Plan Support Document in the Land Use-Agriculture subsection provides additional support for this type of development. 4. GENERAL PLAN DESIGNATION This change is expected to conform to the General Plan designation. 5. ZONING The present zoning is A-20a. The proposed zoning will be FA-3a. Several parcels in the vicinity of the subject property have been rezoned to FA-3a. The rezoning of the subject property is consistent with the recent re-zonings. County Council Resolution No. 58-97 recognizes that such rezoning ordinances have set a pattern of Agricultural 3-acre (A-3a) minimum lot size densities in the bottom one-third of the Kaloko Mauka Subdivision. 6. COMMUNITY DEVELOPMENT PLAN The property is not subject to this requirement. 6 7. SPECIAL MANAGEMENT AREA The property is not subject to this requirement. C. PHYSICAL CHARACTERISTICS. ENVIRONMENTAL SETTING & SURROUNDING AREA PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 8. DESDCRIPTION OF SUBJECT PROPERTY, LOCATION, CLIMATE, TOPOGRAPHY, ETC. The subject property is 21.961 acres in size and is rectangular in shape. It is approximately 5.1 miles inland from the coastline at elevation 2560' and has an average slope of approximately 22%. The property is heavily forested as is the surrounding parcels although several parcels within the Kaloko Mauka subdivision have been grubbed. The temperature is 10 to 15 degrees cooler than the coastal areas. Rainfall averages approximately 75" per year. The soil classification is "E" (poor), the area is too rocky for conventional agriculture uses. There are no existing structures on the property. 9. LAVA HAZARD ZONE The property is not designated as Lava Hazard Zone. The earliest flow is approximately 200 years old. 10. DISTANCE FROM COAST LINE The subject parcel is approximately 5.1 miles from the coastline. 11. AGRICULTURAL LANDS OF IMPORTANCE IN THE STATE OF HAWAII (ALISH) DESIGNATION The ALISH designation for this parcel is "other important land", land other than prime or unique. 12. USDA NATURAL RESOURCES CONSERVATION SERVICES SOIL SERVICE REPORT SOIL TYPE The soil type is rPXE, Puna extremely stony muck, 3% to 25% slopes. "In a representative profile the surface layer is very dark brown extremely stony muck about 5 inches thick. It is underlain by fragmented Aa lava. This soil is neutral in reaction. Permeability is rapid, runoff is slow, and the erosion hazard is slight. Roots are matted in the surface layer, but some roots extend to a depth of 20 inches into the cracks in the lava. The soil is used for woodland, pasture, and orchards." 7 1 ~ I 13. LAND STUDY BUREAU SOIL RATING The rating is E270. The agricultural suitability of this land type "E" is very poorly suited. 14. FIRM DESIGNATION The Flood Insurance Rate Map (FIRM) designation is "X". 15. EXISTING DRAINAGE WAYS OR IMPROVEMENTS There are no visible existing drainage ways or improvements other than roadside drainage swales. Because of its rocky nature no runoff or erosion are visible or have been experienced in this area. Much of the environmental setting within this area has not changed since the construction of Kaloko Drive and other secondary roads approximately 25 years ago. The forest has taken over the cleared areas needed to build the roads except for the travel ways and shoulders. Very few lots have been grubbed and cleared for pastoral or other uses. 16. AIR/NOISE/WATER QUALITY The subject parcel has not been disturbed as well as the surrounding parcels and has been in its natural state except for the existing infrastructure. Except for the minimal traffic, there is no evidence of any visible environmental degradation. HISTORICAL RESOURCES 17. EXISTING ARCHAEOLOGICAL, CULTURAL OR HISTORIC SITES In 1970 and 1971, the developers of Kaloko Mauka funded an archaeological study of the Kaloko ahupuaa. Additionally, the National Park Service published in 1991 a report entitle "An Ahupuaa Study: The 1971 Archaeological work at Kaloko Ahupuaa, North Kona". Of significant findings were remains of an agricultural field system up to the 3500-foot elevation at certain locations. The Historic Preservation Division of the State Department of Land and Natural Resources indicated that an archaeology study and field investigation was commissioned by lot owners. No report has yet been received by the Department. s I NATURAL RESOURCES 18. EXISTING FLORAL/FAUNAL RESOURCES The subject parcel is heavily forested with native trees and shrubs such as ohia, tree fern as well as other non-native plants. Minimal clearing in the future is not expected to bring appreciable change. Wildlife in the area consists of miscellaneous forest birds such as Chinese pheasant, turkeys, hawks, and other mammals. Minimal clearing is not expected to damage habitat for the wildlife. 14. SCENIC OR COASTAL RESOURCES The subject parcel is 5.1 miles from the coastline and does not impact its resources. In- as-much-as the area is heavily forested views from the parcel is minimal if any. Any structures built would probably be hidden by the trees and shrubs. SOCIAL-ECONOMIC CHARACTERISTICS 20. SOCIAL SETTLEMENT PATTERN FOR THE AREA Approximately 5 plant nurseries exist within the Kaloko Mauka development. These are operated mainly by the lot owners who also live on the site. Purchasers of lots and home builders within the development are of the upper middle class who are either retired or have employment in West Hawaii. Many of these are people who have upgraded their lifestyle by purchasing lots in the development and built homes. Investments in house and lot are expected to be in the range of $350,000 to $450,000. 21. ECONOMIC RESOURCES OF THE AREA Aside from the few nurseries the development is residential in nature with a large portion of the forested areas undisturbed. A few lots are in pastorial use. The best use of the land is low density residential with minimal clearing of the forested areas. 22. LAND VALUES The value of land in Kaloko Mauka has remained relatively stable over the years. The selling prices for 3-acre lots range from $180,000 to $200,000. For 20-acre lots the range is $425,000 to $650,000. 5 SURROUNDING LANDS 23. LAND USE Immediately surrounding the subject parcel, the use is primarily low-density residential with a minimum amount of clearing of the forested areas. Although the Kaloko Mauka subdivision was originally subdivided into large parcels (20-acre minimum) numerous rc- zonings have been approved for 3, 5, and 10-acre lots. Other land uses include nurseries and grazing for cattle. Lands surrounding Kaloko Mauka are owned by the State of Hawaii, Bishop Estate and Palani Ranch. The primary uses of these lands are either grazing or in natural forests. (see map, "Major Land Owners and Current Uses" ) 24. ZONING The existing zonings of the surrounding parcels are shown on map, "Current Zoning" D. PUBLIC FACII.TTIES AND SERVICES 25. DESCRIPTION OF ACCESS The primary roadway through the Kaloko Mauka Subdivision is Kaloko Drive, an 80 foot right of way, 20 foot pavement width and 8-foot shoulders. The subject property fronts Kaloko Drive within the Kaloko Mauka Subdivision. The grass swales have been effective in handling the runoff with no evidence of erosion along the roadside. There should be no appreciable impact on the roadway infrastructure from this project. 26. AVAILABILITY OF WATER The Kaloko Mauka Subdivision water system is serviced through Kaloko Booster Pump No. 1 along the Mamalohoa Highway at elevation 1440 feet. Through a series of booster pumps, water is pumped to 7 reservoirs for a total storage capacity of 510,000 gallons. The mauka reservoir is at elevation 5106 feet making it possible to service the subdivision at its higher elevations. See map "Existing Water System" The subject development will add only 6 additional lots. No water is contemplated for landscape or agricultural uses because of the high rainfall. 27. SEWAGE DISPOSAL Wastewater disposal will be in accordance with the policies and standards of the State Department of Health. Septic systems have been approved by the DOH on previous rezoning applications. ~o ~ o 28. SOLID WASTE Solid waste disposal will be by individual lot owners or through private collectors. 29. POLICE AND FIRE PROTECTION Impacts on police and fire protection are at a minimum with a 6-lot addition in this development. All roadways are paved and able to handle the anticipated traffic and equipment. 30. SCHOOLS Public schools are available with the school district. Kealakehe Elementary School services the lower grades, while the newly built Kealakehe High School will service the middle and upper grades. Several private pre-school are strategically located through-out the community. 31. PARKS Public parks and playground facilities are located at the Old Airport grounds in Kailua town. 32. OTHER UTILITIES AND SERVICES Overhead power and telephone services are existing within the road right of way and are available to the proposed development. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 33. RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF ENVIRONMENT AND MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY After completion of road improvements and partial clearing of the property, the proposed residential uses will be permanent with minimal impact. 34. MITIGATIVE MEASURES PROPOSED TO AVOID, MRiI IIZE, RECTIFY OR REDUCE IMPACT The following mitigating measures are being proposed: a. A 60-foot "forest reserve easement" for buffer purposes along the existing road b. A 60-foot structural set back along the existing road c. A 30 foot "forest reserve easement" along all lot lines as a buffer between parcels d. At least 50% of the lot area shall be retain in forest e. A restriction against second dwelling on each lot f A conservation plan shall be prepared for the subdivided lots m g. A "fair share" contribution to mitigate any potential regional impacts 35. ALTERNATIVES TO THE PROPOSED DEVELOPMENT There are no other reasonable alternatives except not to subdivide and leave the parcel undivided. 36. HZREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF NATURAL RESOURES THAT WOULD BE INVOLVED IF PROPOSED ACTION IMPLEMENTED A maximum of 50% of the forested area would be disturbed for the construction of a dwelling and other structures. Cleared areas will be landscaped partly with indigenous plants as well as introduced foliage. //a ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? L <<~/~ b. Into what lot sizes? ~c C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans ~ l to the Planning Department for preliminary approval?5 d. Do you intend to build houses on the newly created lots? D If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 7/84 k 4- /1Z .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? J 5 How? 4. Are there any buildings on the subject area? I~~J If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? NO If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural 2S lots? If so, did your plan include the following considerations? a. Commodity to be produced?~ What kinds of commodity? b. Suitablility of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? t3 Ez-) d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. _ 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? D If so, what kind? Is the road adequate for the proposed traffic volume or load? E S 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 ~c b. Roads C. Sewer X d. Drainage Yes No e. Police Protection X f. Fire Protection g. Recreational Facilities X h. Public Utilities x i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: I SBS I~~I1 Cl 1 Vvv Telephone:' C~~61. IT 1 O ~Nt l 1 )0 Date: c,4q l. L4-~ !5 00 .0001 = ,.1 :3-IVOS O y° R CM ZVbJ C7 z w _ o td T A ` k 4 Q 3 § G] CV m I U co O (Q 3 T m U) WO ' / N m Q gC§ ~i47^~'. § Q G a Y § Z o G W O ° O N a I s O Y U / J O / C7 Q 6 I" Cd C cc CV) J III n KALOKO MAUKA SUBDIVISION INCREMENT 1 _l LOT 1, BLOCK 4 TMK: (3) 7-3-25:13 \ OP ~g~a FOre$tl aoo° W.LE TN FEET (X100) K A U L A N A MAKALEI HAWAII K A U P U L E H U (Golf Course) ' P U U W A A W A A M A K A U L A 0 0 M A STATE gl (Forest) S 8 ~ gtl koHPU \ bore i H 0 N 0 \ ~ err GN ~ PpJ'PNt~ \ \ I NE l KE PAP lV K s~ egtl 1 ~ ~Fo ~ H 0 K S P P P U O P P ~ ~U H 0 7 MAJOR LAND OWNERS and CURRENT USES KALOKO MAUKA _dBDIVISION INCREMENT 1 ra rav` LOT 1, BLOCK 4 0 1 2 3 4 TMK: (3) 7-3-25:13 SCALE IN FEET (X1000) =ew wMEI u TMK: 7-3-48: W=VOR QD yo W d K A U P U L E HU TMK: 7-315 -27: 0 .6 d F YJ.6 [flIKO W.5 OA9 MG. V15. p000 O TMK: 7-3-26 7 VVW 9T W.4 OK7 ML.7L5. O TMK: 7-3-25: 3000 S JEC GYlw 9R W.5 009 ML. Si. M A K A U L A 0 0 M A TMK: 7-3-24: MG. 1000 I ~ r EXISTING WA R S r U.US M.G. RES. SOT EL 4179, O. F. EL 550 6~,~--~~_ - BOOSTER, EL 4179 I 4 - 2-60 GPM. _ _ F+ P.R.V.,EL 3T1 ' t... _ _ OUT PS 'I.: 2•- 97 l~ s• KALOK0 SITE NO. 5 P.R.V. EL 3840. 0.10 M.G.RES. _ OI~T P.S.I: * BOT. EL 3616.50, 0.1 EL. 3631.00 N 2 : 55 BOOSTER, EL. 3616.50 4y • mil- 2 - 120 G.F.M. P R.V., EL: 3130 OR1T EL PS.L: 4 A P.RV,EL. 3415" - 2 ' 82 OUT P.S.1:. Y _ Fr_ - 2"¦45 KAIOKOSiTENO 4 0'10 MG. REES \ _ - 807 EL 309P, : F EL 3112.50 > v A'. ikka 600STER, Et_. 3098 PR.V,EL3155 - 2-12J G.P.N < OUT PS.I.: \ 2"--69 P. R.V.,EL.2910 ~r~ OUT PS.1.t _2'.=43 _ 4 - , PR.V.,EL.2681 - OUT PS.1. : 2" - 47 PRV,EL.2625 2 OUT P.S.L: Z Z69 - _ a q• A6.~~ KALOKO SITE N0. 3 O.OSMG RES SOLEL. 251I,O.FEL.2525.50`~ < _ BOOSTER EL.25I1 `---PRV,EL. 2160 2-140G.~M. OUT P.S.I.: P.R.V EL°180 s - - - 2" 64 WT S 1. i. r-_ t 202 55 Vaal P.RV SITE NO. 2, EL 1970 00 0.30 M.G. RES. Y A • J 2.T 100 1 2"=100 C4 Y •L. 1800 ' r x 2 = 63. 2 =63 L. 1815 - 1 - Z 74 KALOKO SITE N0. 2~ 6 ? _ 0.05 MARES. 4 - - - SOT. EL. 1978.0.r ELISOL BOOSTERS, EL 1978 - ` - w 2-140 G. P. M. - 9 - HONOKO _ ~ _ HAU O.OSM.G.RES. ` BOT. EL. 1492.85 6 KALOKO BOOSTER NO. I O.F. EL 1507.35 I _ EL 1440, 2-140 G.P.M. 1 I r 2'0 - P.RV,EL.1440 c - 4 = 50 - / . OUT P.S.I_ . - - .to M.G. RES. NO. 1 ! . _ 692 =its KAIOKO 030 M.G. RE$ _ -7 g m ~8• 8 B Sot EL 440, OF. EL 1455 R . IQ > 3 r~ , EL 1438 2 PALANI 0.10 KG. RES NC FFjV. EL.1035 2-250.G.PM., 1-SOOG.P.M. ~_BOOSTEHSTA NO. 4,F 2 - m . 4"= - 8• - q ].I0MG.RESA0.2 8• 8" 0 t - J SoURCg; SWS 3 cn - - _ _ B m q. ~'P4NIOL000 EXjC-t-«rC. tt' 1777? Cl•CTT- - oov