HomeMy WebLinkAboutCOM 0074.000 1996-1998 rr a.r~_
c(~';,;~ .~"!~ry William G. Davis
Managing Director
Stephen K. Yamashiro
Mayor Henry Cho
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25 Aupuni Street, Zoom 215 • Hilo, Hawaii 96720-4252 • (BOS) 961-8211 Fax (BOB) 961-6553
KONA: 755706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740
(808)329-5226 Fax (808)326-5663
December 27, 1996
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 96-12)
Applicant: Hao Street Hui
Request: A-20a to A-Sa
Tax MaF Key• 7-3-25:4
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 Change of Zone Application.
Sincerely,
ephen K. a Shiro
Mayor
SG: syw
LHaoStO1.MAY
Enclosures
cc: Planning Commission
REZ 96-12
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PLANNING COMMISSION
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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 96-12)
Applicant: Hao Street Hui
Request: A-20a to A-Sa
Tax Man Key: 7-3-25:4
The Planning Commission, after a duly held public hearing on December 5, 1996, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 22.065 acres of land from Agricultural (A-20a) to Agricultural (A-Sa). The
property is located in the Kaloko Mauka Subdivision between approximately the 2,500-2,800
foot elevation, along the north side of Hao Street at Kaloko, North Kona, Hawaii.
The Planning Director proposed a favorable recommendation for the applicant's request for a
change of zone from Agricultural (A-20a) to Agricultural (A-3a) based on criteria, findings
and County Council Resolution 330-96 that the approval would result in an appropriate land
use pattern that will further the public necessity and convenience and the general welfare.
However, in reviewing the request, the Commission further considered statements within
County Council Resolution 330-96 regarding an established pattern for rezoning in the Kaloko
Mauka area. Within Resolution 330-96, the County Council recognized that rezoning
ordinances have established a pattern of A-3a lots up to the 2,600 foot elevation and A-Sa lots
within a band between the 2,600 and the 2,900 foot elevation. Based on this established
pattern and to remain consistent, the Commission voted to recommend the approval of the
change of zone from Agricultural (A-20a) to Agricultural (A-Sa) to the County Council based
on the following findings.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
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
Agricultural-5 acres (A-Sa) zoned district will conform to the following goals, policies
and standards of the General Plan Land Use and Agricultural Elements:
o Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
o 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.
o The compatibility of agricultural and non-agricultural uses should be carefully
reviewed and where appropriate, buffers required.
o Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
o Protect and encourage the intensive utilization of the County's important
agricultural lands.
o The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
o 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
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
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 proposed subdivision of 5-acre lots would be compatible with the rural
character of lands located within the lower elevations of Kaloko Mauka Subdivision
which are zoned Ag-Sa and Ag-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.
Lands adjacent and to the west of the subject property have been rezoned to
A-3a and lands within the existing elevation have been rezoned to the A-Sa zoned
district since 1980. Rezoning to A-Sa would also be consistent with a previous pattern
that the County Council, through Resolution 330-96, recognized as being established
for the area; mainly that rezoning ordinances have established A-3a lots up to the 2,600
foot elevation and A-Sa lots within a band between the 2,600 and the 2,900 foot
elevation. Therefore, this recommendation will be consistent with the surrounding land
use pattern already established within this portion of Kaloko Mauka Subdivision.
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 between the 2,500 foot and the 2,800 foot elevation, does not seriously
compromise the recommendations of these studies beyond existing conditions. While
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
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 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. With this rezoning, the parcels would still be within the Agricultural
District, which allows for a variety of agricultural activities to be conducted on the
property. 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.
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
Department of Transportation and 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. It is recommended
that an archaeological study of the subject property be submitted for review and
approval by the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD) prior to the submittal of plans for subdivision review or any
land alteration activities. Should significant historical sites be located within the
subject property, an archaeological preservation/mitigation plan be submitted for
review and approval by DLNR-HPD prior to the issuance of Final Subdivision
Approval or any land alteration activities.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
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, conditions of approval regarding a "forest
reserve easement" have been included in similar approved applications in the area. A
60-foot wide "forest reserve easement," a 100-foot wide structural setback along the
existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve
easement" along all lo[ lines not covered by the 60-foot easement and a provision that
no-less-than 50 percent of the entire lot area be retained in forest shall be included as a
condition for this change of zone. 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-Sa) 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 25-86, the North & South Kona
District Zone Map, of the County Zoning Code is transmitted.
We are enclosing a copy of the application and copies of the staff background and Planning
Director's original recommendation for your information.
Sincerely,
Kevin M. Balog, Chairman
Planning Commission
SG: syw
LHaoSt02.PC
Enclosures
cc: Honorable Stephen K. Yamashiro, Mayor
Mr. Kimo Steinwascher
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
I -.,
B Haost01.emm-11/26/96
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
HAO STREET HUI
CHANGE OF ZONE APPLICATION NO. 96-6
HAO STREET HUI, has submitted an application for a Change of Zone for
approximately 22.065 acres of land by changing the district classification from Agricultural
(A-20a) to Agricultural (A-3a). The property is located in the Kaloko Mauka Subdivision at
the 2,500-foot elevation and on the north side of Hao Street at Kaloko, North Kona, Hawaii,
TMK: 7-3-25: 4.
GENERAL INFORMATION
1. Owner: Hao Street Hui, a Hawaii General Partnership is the fee owner of the
subject property.
PROPOSED DEVELOPMENT
2. Request: The owner wishes to subdivide the property into a total of six lots in sizes
of 3 and 4 acres.
3. Objectives: "The subject 22-acre parcel is owned by a local hui with the plan of
creating six agricultural lots with each partner to own. We believe the area is well
suited for low density uses combining homes with limited grazing, a variety of
agriculture, home gardening, wildlife habitat, and forested areas."
4. Additional Information: The applicant has submitted the following in support of the
request: (See Exhibit A - Applicant's Change of Zone Application)
DESCRIPTION OF COUNTY & STATE PLANS
5. SLU: Agricultural.
6. GP LUPAG MAP: Orchards.
7. General Plan Consistency: Economic, Public Utilities, Transportation, Land Use
elements goals, policies and courses of action for North Kona.
8. Hawaii State Plan Consistency: Economic objectives and policies.
9. Zoning: Agricultural 3-acre (A-3a).
10. SMA: The property is not situated within the Special Management Area (SMA).
Attachment to C-74/Bill 24 •
11. 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 thru 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 2,500 feet above mean sea level, below the elevation
recommended as an essential habitat.
12. The Water Resources Research Center of the University of Hawaii studied the
possible inclusion of areas of high rainfall and high recharge watersheds into the State
Land Use Conservation District as a means of protecting the state's water resources
and as part of the Office of State Planning's Five-Year State Land Use District
Boundary Review. The study found that the two most significant water resource
characteristics of Kona are 1) the significant rainfall and fog drip in the uplands above
the Hawaii Belt Road (Mamalahoa Highway) and 2) the highly infiltrable land
favoring groundwater recharge. The highest moisture producing area is found at an
elevation between approximately 2,000 to 6,500 feet running the length of the North
and South Kona Districts. According to the study, "Rain is the primary moisture
source up to about 2,700 ft (823.0m) in the cloud belt, decreasing gradually upslope.
Simultaneously, fog condensing on intercepting trees and other vegetation (fog drip)
becomes an important moisture source augmenting the rainfall to maintain high levels
of moisture input. The zone of maximum fog occurrence lies between the 3,000 and
-2-
6,500-ft (914.4- and 1,981.2-m) elevation and is most dense at about 5,000 ft
(1,524 m). Fog interception contributes moisture equivalent to an average of about
30% of the rainfall in the Kona area (Juvik and Ekern 1978). " The study concludes
that the "assignment of the land in the high-moisture zone to conservation is essential
to guaranteeing a groundwater supply having a reliable sustainable yield of potable
water" and recommends that all of the high rainfall and fog area mauka of the
2,000-foot elevation along the entire North and South Kona Districts be redesignated
into the Conservation District.
13. The Kona and North Kohala Watersheds encompasses approximately 135,612 acres
of land located within the North Kohala (22,500 acres) and North & South Kona
(113,112 acres) Districts between the elevations of 1,900 and 6,000-foot elevations as
designated by the Office of State Planning during its Five-Year State Land Use
District Boundary Review for reclassification into the Conservation District. These
lands were later classified into areas of "critical concern" due to landowners' concern
regarding the reclassification of these lands into the Conservation District. These
areas of "critical concern" are areas which require attention and alternate methods of
regulation or management to protect the resources which are present. The Kona
Watershed includes those lands located within the Kaloko Mauka Subdivision and
situated above the 1,900-foot elevation, which includes the subject property.
14. Services: All essential utilities and services are available to the subject property.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
15. Subject Property: The subject property is an irregular shaped lot.
16. 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.
17. Land Study Bureau's Detailed Land Classification System: Soils within the subject
property are classified as "E270" (Very Poor) for agricultural productivity by the
-3-
Land Study Bureau. This soil is unsuited for machine tilling.
18. 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 sustained high quality and/or high yields of a specific crop when
treated and managed according to modern farming methods.
19. FIRM: The subject property is located outside the 500-year flood plain (Zone X).
20. Flora and Fauna: The subject parcel is heavily vegetated and is covered with ohia,
christmas berry, guava and a variety of shrubs and non native vegetation. Wildlife
seen at the property consists of turkeys, hawks (I'o), Chinese pheasant, and other
forest birds.
21. Surrounding Zoning/Land Uses: Adjacent lands are zoned A-3a to the west.
Immediately surrounding the property to the east and north are lands zoned Ag-20a.
PUBLIC UTILITIES AND SERVICES
22. Roads: Access is off Hao Street via Kaloko Drive. Kaloko Drive is the subdivisions
primary roadway with an 80 foot right-of-way with 22 feet pave and 8 foot grass
shoulders.
AGENCIES COMMENTS
23. Fire Department: (See Exhibit B - June 24, 1996 Letter)
Applicant's Response : (See Exhibit C - June 19, 1996 Letter)
24. Department of Health ( June 4, 1996 Memo):
"The subject lots are located in the Critical Wastewater Disposal Area where
cesspools are not allowed because of water pollution concerns. Any development on
these lots would require all wastewater to be disposed into a septic tank system."
Applicant's Response : (See Exhibit D - June 19, 1996 Letter)
25. Department of Public Works (July 22, 1996 Memo):
"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.'
-4-
"2. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.'
"3. 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.'
• "4. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii
County Code.'
"5. Vehicular access shall meet with the approval of the Department of Public
Works. The sight distance must meet the requirements of the Statewide
Design Manual."
26. Department of Water Supply (June 12, 1996 Letter):
"We have reviewed the proposed change of zone application.'
"Water can be made available from an existing 4-inch waterline along Hao Street
fronting the property.'
"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 5 additional lots requested in the proposed 6-lot subdivision development, the
required water commitment deposit is $750.00.'
"Remittance by the applicant of the $750.00 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.'
"Should the subject application be approved and a subdivision application be executed,
approval will be subject to the following conditions:
"1. Install service laterals that will accommodate a 5/8 inch meter to each lot.'
"Submit installation plans prepared by a professional engineer, architect, or
land surveyor, registered in the State of Hawaii, for review and approval.'
"2. Remit the prevailing facilities charge and capital assessment fee, which are
subject to change, of $13,500.00 and $2,500.00, respectively.'
"Should the applicant have any questions, please call our Water Resources and
Planning Section at 969-1421."
-5-
Y
27. Real Property Tax Office ( June 6, 1996 Memo):
"There are currently $12,024.47 in back taxes, penalties and interest owed to the
County of Hawaii on this parcel. Smaller individual parcels have higher total values
and taxes when split."
Applicant's Response : (See Exhibit D - June 19, 1996 Letter)
28. Land Use Commission ( June 4, 1996 Letter):
"We have reviewed the subject application transmitted by your memorandum dated
May 29, 1996, and confirm that the proposed rezoning site, as represented on the
vicinity map, is located within the State Land Use Agricultural District.'
"For your information, the proposed rezoning site is immediately south of a portion
of the petition area under LUC Docket No. BR93-694/Office of State Planning, which
involved the reclassification of approximately 5,914.96 acres from the State Land Use
Agricultural District to the State Land Use Conservation District for the protection of
watershed and native forest and bird habitats.'
"We have no further comments to offer at this time. We appreciate the opportunity
to comment on this matter.'
Should have any questions, please feel free to call me or Bert Saruwatari of our office
at 587-3822."
Applicant's Response : (See Exhibit D - June 19, 1996 Letter)
29. Police Department ( June 6, 1996 Memo):
"Staff has reviewed the application for a change of zone and offer the following
comments:'
"1. Traffic counts have apparently not been conducted at the intersection of
Mamalahoa Highway and the subdivision access road.'
"2. The original subdivision contains ninety-one 20-acre parcels. If all the owners
submit a request to subdivide to 3-acre parcels, 546 lots will be created.
Many of the 20-acre parcels have already been subdivided. Vehicular traffic
will increase dramatically.'
Eventually, the Kaloko Drive intersection will require major improvements,
such as channelization and traffic signalization. These issues, and related
-6-
11
costs, need to be addressed.'
"3. Residents of the subdivision will generally access Kailua-Kona via Palani Road
which is already operating beyond its maximum safe capacity and in our
opinion may very well be Kona's most hazardous single roadway. Hinalani
Street has done very little to alleviate burgeoning traffic on Palani Road.'
The 'Palani Bypass Road' should be given consideration before approving any
further development in this area.'
"4. The questionnaire completed by the applicant states they will not need police
assistance in the area. This is not true. Police officers currently provide
services to this area in the same way they serve any subdivision on the island
A greater demand for police services will be created as developments of this
area increases."
Applicant's Response : (See Exhibit E - June 19, 1996 Letter)
30. Department of Land and Natural Resource (June 6, 1996 Memo):
Land Management Division:
"We have no comments."
31. Department of Transportation ( June 7, 1996 letter):
"Thank you for your transmittal of May 29, 1996.'
"The developer should be required to participate in the intersection improvements at
Kaloko Drive and Mamalahoa Highway. This would include, but not be limited to,
street lights, sight-distance improvements, deceleration lanes and left turn storage
lanes. The roadway improvements will be at no cost to the State.
We appreciate the opportunity to provide comments."
Applicant's Response : (See Exhibit F - June 28, 1996 Letter)
32. Kona Soil and Water Conservation District ( June 19, 1996 Letter):
"The Kona Soil and Water Conservation District has reviewed the above application
at our last District meeting on June 18, 1996 and has no specific comments regarding
the request. However, there is general concern that continuous subdividing of
properties in Kaloko Mauka may possibly over time cause degradation of the natural
forest ecosystems. Serious consideration should be given to the creation and
maintenance of natural forest buffers on all properties in this area to preserve
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watershed values."
Applicant's Response : (See Exhibit G - July 11, 1996 Letter)
AGENCIES - NO RESPONSE
33. Department of Agriculture and Natural Resources Conservation Service.
PUBLIC COMMENTS
34. The Department has not received any comments or objections from the general public
or adjacent landowners.
-8-
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
TMK: 3rd: 7-3-25:04
Applicant: Hao Street Hui
REASONS FOR REQUESTING THE CHANGE OF ZONE
The subject 22-acre parcel is owned by a local hui with the plan of creating six
agricultural lots for each partner to own. We believe the area is well suited for low density
uses combining homes with limited grazing, a variety of agriculture, home gardening, wildlife
habitat, and forested areas.
COMPLIANCE WITH GENERAL PLAN POLICY
The parcel currently has a State Land Use Designation of Agriculture, County zoning
of A-20ac, and County General Plan designation of "Orchard".
General Plan: •
The proposed rezoning and subdivision of the subject property into three acre parcels
is consistent with the County of Hawaii's General Plan policy:
The General Plan_Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a graphic representation of the document's goals, policies, standards
and courses of action. The LUPAG Map establishes the urban and non-urban uses for
EXHIBIT
areas within the County. The requested zone change conforms to the LUPAG Map, which
designates the area for Orchard uses. Lands designated for Orchard uses include those
agricultural lands which though rocky in character and content, support productive
macadamia nuts, papaya, citrus and other similar agricultural products.. This proposal to
subdivide the subject property into six parcels, approximately 3 acres in size, is consistent
with the orchard designation.
The proposed A-3a zoning will conform to the following goals, policies and standards
of the Land Use Element of the General Plan:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, State Land Use District, compatibility with adjacent zoned uses,
availability of public service and utilities, access, and public need.
• Rural-style residential-agricultural developments,such as new small-scale rural
communities or extensions or 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.
Kaloko Mauka is an appropriate location for satisfying the General Plan Land Use
Policy. It is both an extension of an existing rural community and has existing of roads,
electric power and water. With overall soil classification of "E" (poor) the soil is too stony
and irrigation costs are too high for commercial, mechanized or large scale agriculture. The
area, however, is well suited for family use and enjoyment of part-time agriculture and
gardening activities and cohabitation with wildlife.
State Land. Use Classification: The subject property is located within an area
designated as Agricultural by the State Land Use Commission.
Kona Regional Plan: The Kona Regional Plan recommends an A-3 zoning
designation for lands located within the lower regions of the Kaloko Mauka Subdivision,
generally where the subject property is located.
County Zoning: The subject property is zoned Agricultural 20 acres (A-20a) by the
County.
Special Management Area (SMA): The subject property is not located within the
County's Special Management Area.
•
• ' \�V�'.�.' Nelson M.Tsuji
Stephen K.Yamashiro � , '�; Fire Chief •
mayor
••• Edward Bumatay
Deputy Fire Chief
IIIli1tf ulAtitizzii
FIRE DEPARTMENT
777 Kilauea Avenue•Mall Lane,Room 6•Hilo,Hawaii 96720-4239
(808)961-8297•Fax(808)961-8296
June 24 , 1996
ePcrc
c- N
To: Virginia Goldstein, Planning Director
-o
From: Nelson M. Tsuji, Fire Chief
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 96-12) 5
APPLICANT: HAO STREET HUI
REQUEST: A-20a TO A-3a
TAX MAP KEY: 7-3-25 : 4
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) .
•
•
EXHIBIT -• :�.
To: Virginia Goldstein, Planning Director
Page 2
June 24 , 1996
"3 . 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 unobstructed 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
June 24, 1996
" (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.
" (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. (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.
To: Virginia Goldstein, Planning Director
Page 4
June 24 , 1996
" (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. "
`� NELSO M. S
C Fire Chief
NMT/mo
Pacific
Land
6'
o � cp
July 5, 1996 6"' 6'
Mr. Nelson M. Tsuji
Fire Chief, County of Hawaii
777 Kilauea Avenue, Mall Lane, Room 6
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ96-12)
Applicant: Hao Street Hui
Request: A20A-A3A
TMK: 7-3-25:4
Dear Mr. Tsuji:
I would like to respond to your comments of June 24, 1996 to Ms. Virginia Goldstein,
Planning Director, County of Hawaii regarding the subject change of zone application.
It is our understanding that according to Division 2, Section 23-84 of the County of Hawaii
Subdivision Code. "A subdivision to be laid out after December 21, 1996 shall be provided
with water as follows: (2) water mains and hydrants installed to and within the subdivision
in accordance with the rules and regulations of the Department of Water Supply.
The current DWS rules, Section 4-3 Installations Within Developments, prescribe the "size
of water mains shall be as follows:
(b) For developments in agricultural district zoned for densities greater than
one (1) acre in lot size, the main size shall be capable of delivering water for
domestic use at adequate pressure and volume under peak-flow conditions. •
The minimum main size shall be four inches (4")".
Since our proposed subdivision would allow for 3 acre minimum lots, and the existing County
road, Hao Street, has a 4"waterline, we concluded that adequate service is already available. .
EXHIBIT
! CIFIC L.ik\I)SERVICES.INC slit RICHARDS ST..SUITE vtxt HONOLULU HI ve,ut nut 1c n./„ c::
Mr. Nelson M. Tsuji
Page 2
July 5, 1996
We would be pleased to discuss this further with you at your convenience.
•
Sincerely,
'mo Steinwascher
KS:tmk
cc: Virginia Goldstein, Planning Department
Rodney Kawamura, Hilo Engineering
Pacific
Land
June 19, 1996CCU�r r� ^-�r s v rLit- .
VIA FACSIMILE (808) 961-9615
Ms. Virginia Goldstein
Director, Planning Department
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Re: Change of Zone Application (REZ 96-12)
Applicant: Hao Street Hui
Request 820A through A3A
TMK: 7-3-25:4
Dear Ms. Goldstein:
We would like to respond to the recent comments from the State of Hawaii Land Use
Commission, the Department of Health and the County of Hawaii Real Property Tax Office
regarding the subject change of zone application. By copy of this letter, we are replying to
all the above agencies.
1. Land Use Commission. We are quite pleased that the State of Hawaii Office
of State Planning recently reclassified 5,914 acres from the agricultural to the
conservation district. We think this is an appropriate use of public lands and
applaud the State in its action. We do not feel that this should have any
effect upon our rezoning application.
2. Department of Health. We agree that any development on these lots will
require wastewater to be disposed into a septic tank system.
3. County Real Property Tax Office. This outstanding delinquency is resolved
by the prior property owner. It has been paid down to $3,319.45 and should
be completely paid off by the end of the June. This was caused by an error
in reporting from the County office to the escrow company. Please see the
enclosed correspondence.
EXHIBIT
r ^
PACIFIC LAND SERVICES.INC. 8W RICHARI>S ST..SUITE 999 HONOLULU.HI 96811 PHONE:(H(1t)534-1141 FA\:(868) 514-In64
i
Ms. Virginia Goldstein
Page 2
June 19, 1996
Thank you for giving us this opportunity to provide comments on these letters.
Very truly yours,
-(
Kimo Stemwascher
KS:tmk
cc: Mr. M. Cutler, County of Hawaii, Real Property Tax Office
Mr. Aaron Ueno, State Department of Health
Ms. Esther Ueda, Land Use Commission
OE' TTMEN'f' OF FINAL Lt:. g 44 : U1. AM
DEL—NW—NI REAL. PROPERTY TAX [��,.._L
.- -uv~'TAX MAP KEY r. ( 1H( 66 1 1 PROPERTY ADDRESS
.I I 1-1 --" I
( 1 ZON (SED ( PLAT 1 PAR 1 HPR I 1 TEN 1 173•-•1.725 HAO ST
1 7 ( 3 1 025 1 004 1 0000 1 1 001. 1 I KAILUA-'KONA , HI 96740 1
{ .1 1-1
PENALTY AND INTEREST COMPUTED TO ; APRIL 30 , 1996
AL2 PRDATE OUE 1 TAX AMOUNT PENALTY INTEREST PAY PER TOT YEAR TOTAL
- - - 976 .78 2 ,660 . 88
-94 1. 08/20/731 1 ,531 .00 153 , 1.0t ,66 . 8 4 ,344 ,90
2 02/20/941 / ,531 .00 153 , 1.4
{
-751 08/20/941 1 ,531 .00 'L53 • 10 572 .59 2 .256 ,69i ,.584 . 10 3 ,940 .79
2 02/20/951 1 ,531 ,00 i53 , 1d
-96 1. 08/20/951 1 ,531 , 00 1X3 . 10 168 .41 1 ,852 .51
2 02/20/96 ( 1 ,531 ,00 1.53 . 10 1 ,684 , 10 3 ,536 .41
{
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{ 1
I I
I I
{ I
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I
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TOTAL AMOUNT 1 9 ,186 .00 91.8 . 60 1 ,717 . 78 11 ,822.38 11 ,822 .38
3UR CANCELLED CHECKIS YOUR RECE:GPT, TOTAL ii. ,H22.3d
4KE YOUR CHECK PAYABLE TO THE OIRECTOR OF FINANCE.
IL WITH CASHIER 'S COPY OF BILL TO : REAL PROPERTY TAX DIVISION ---------
55 P I ILANZ €,'1' : 4ILC) , HI 96720 f PH (808)96/-8282
OORESSEE: OUMATAY , EPIMAC:O R
ADDRESS : 4745 LA VILLA MARINA UNIT A
MARINA 11E1. RE:Y, CA 90292
TOTAL F.03
- 11 FIRST IT ',WALE TITLE C
ORPOITION
EXCLUSIVE AGENT FOR CHICAGO TITLE INSURANCE COMPANY 64-1035 Mamala{ioa Hwy Sts A
P.O.Hoz 1180
Kameda,in 96743
Trlephone,:(208)885-4822
FAX(BOP 885-8728
Date: June 19, 1996
To: John R Steinwasher
Pacific Laud
via Facsimile: 1/534-1004
RE: Escrow No. 800554-015 ME Royal Pacific M
et al
Property address: 73-1725 Hao St.
REF1/Duncan
Kailua-Kona,HI
Tax Map Key: 3/7-3-25:04
Dear Mr. Steinwasher,
At close of the above mentioned escrow,real property taxes were paid in the amount of$3,502.93.
On April 15, 1996,escrow was informed by the Real Property Tax Office that there were taxes
owing from prior years. Herewith please find a copy of their letter along with the tax break-down
for prior years.
Mrs. Gurnatay has been informed, and is making payments via escrow. To date,payment has been-
made in the amount of$8,502.93. The balance still owing should be paid in full by June 30, 1996.
Should you have any questions, please call me at 885-4822.
I am very sorry for any inconvenience this may have caused you.
Very truly yours,
/� t
Monique Edwards
Escrow Officer
cc: Marc Duncan
Edward T. Dewey
Scott D. Radovich
Charles A. Anderson-FOUR MAX,Inc. dba RE-MAX Brokers
Loretta Milner-Royal Pacific Mortgage
•
Stephen K. Yamashiry ,,-; 1
�,,,,, , •l . 4.1..,7 Harry A. Talahss}t
>3itocsa.
'�!s as M�"
Cuunf r of ttfxrttii
DEPARTMENT OF FINANCE—REAL PROPERTY TAX
865 Mani Street • Hilo.Hawaii 96720.1679 • Fax (808)9614415
Appraisers (808)961-8354 • Clerical(808)961-8201 • Collections(808) 961.8283
April 15, 1996
Attn: Monique Chevallier-Edwards, Manager
First Hawaii Title Corporation
P.O. Box 1180
Kamuela Hawaii 96743
TMK:(3)7-3-025-004-0000/Owner(s)-of-Record Epimaco &Josephine Gumatay
Dear Monique,
This letter is sent to clarify the total amount due for the aforementioned TMK. As to your
recording of the title search made by our Blue Sky contractor and your verification of the
total amount at $3,502.93 with Cheryl our Cashier, a discussion with the delinquent tax
collector who is responsible for the account has found that the check amount is for period
ending March 31, 1996. Going by the date of the check, (04/10/96), she stated that the
check amount should have been$3,536.61, a difference of$33.68.
A search of the Delinquent Bill Calculation file verified my findings whereby the actual
amount due is 511,822.38 for period ending 04/30/96. This substantiates my FAX sent to
you on Friday, April 12, 1996.
Regardless of the reasons, it must be understood that the delinquent taxes reflected on
•
subject TMK must still be paid. Our delinquent collector has verified that she had made
more that one follow-up on the account and that Mr. & Mrs. Gumatay are well aware of
their delinquency for several years.
Thank you for your assistance on this matter.
Sincerely,
onald M. Gell'
ections •
1 chill ll�
Land -
June
19, 1996
G� N
Wayne G. Carvalho
Police Chief, County of Hawaii ,
349 Kapiolani Street 7-•
Hilo, Hawaii 96720-3998
Re: Change of Zone Application (REZ96-12)
Applicant Hao Street Hui Requests A20A-A3A
TMK: 7-3-25:4
Dear Mr. Carvalho:
We are responding to your letter of June 6, 1996 to Ms. Virginia Goldstein, Planning
Director, regarding the subject change of zone application.
I would like to take the opportunity to address each of the comments that your Department.
You are correct that for this particular application we have not initiated a traffic count study.
However, most recently an application for Change of Zone was approved for an adjacent
property (tmk: 7-3-25:5) and as a part of their application they did a traffic count (2/3/94
and 2/8/94). I have enclosed a copy of the traffic count showing a.m. and p.m. peak traffic
flows from their study. The busiest occurrence is the a.m. flow leaving Kaloko Drive making
left turns in a southern direction on Mamalahoa Highway. The count at that period was 39
cars over a period of 1 hour. Traffic consultants generally would not recognize this to be
a situation that would "warrant" any improvements to the intersection at this time.
You are correct in pointing out that the original subdivision was for approximately 91 - 20
acre parcels. However, we do not agree that in the near future all of the 20 acre parcels
will be subdivided to 3 acre parcels. Each and every landowner has a different perspective
and plan. Since 1976 there have been only 1.1 rezoning requests approved within the Kaloko
project, or about one every two years.
We appreciate your concern about the current capacity at Palani Road. Typically most of
the peak road capacity problems are caused by people either commuting to work or taking
their children to school in the morning and afternoon. Our subdivision is intended to create
EXHIBIT
c2 21 5
4`,.i )1.1', l(as,I I .. R:, °,i 11 'I '�.i�` hl�'>ti(ri_l,Ll'.11! "'I::. t. ,�a,�...:t _, .'�.\ �,{i .-.t I..iG
a
Wayne G. Carvalho
Page 2
June 19, 1996
agricultural lots for each partner of our hui to own and to use as a retreat. This type of use
will generate non-peak traffic flows minimizing impact on Palani Road. Therefore, we
strongly object to the issue of the Palani bypass Road.
We apologize for the misunderstanding in filling out the rezoning questionnaire that "police
protection willnot be required". We agree that all residents in the County of Hawaii and
all property owners require the assistance of the police department.
We thank you for your review of this application. We would be glad to meet with you to
more fully discuss any of the issues that you or your department may have.
Very truly yours,
Kimo Steinwascher
KS:tmk
cc: Virginia Goldstein
Rodney Kawamura, Hilo Engineering
Pacific
. LancL .
'96 JUN 28 Pel 2 25
June 28, 1996 PLANNL.;,.: LEFT.
COUNTY CF HA'WAII
VLA FACSIMILE (808) 961-9615
Ms. Virginia Goldstein
Director, Planning Department
County of Hawaii
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Re: Change of Zone Application (REZ 96-12)
Applicant: Hao Street Hui
Request 820A through A3A
TMK: 7-3-25:4
Dear Ms. Goldstein:
Thank you for the letter of June 7, 1996 from Mr. Kazu Hayashida, Director of
Transportation, regarding the subject change of zone application.
That agency suggested that "the developer should be required to particpate in the
intersection improvements at Kaloko Drive and Mamalo 1-Highway." We would be willing to
accept, as a condition of zoning, to participate in the costs of these future improvements as
long as it was on a fair and equitable basis with both previous and future rezoning
applications. Further, these costs should be at a level that could be attributed to the
additional traffic that would be generated from our rezoning application.
Thank you for allowing us to comment on this.
Very truly yours,
iv/ c:-.;
to Steinwascher
KS:tmk
cc: Mr. Kazu Havashida
Mr. Akira Fujita
EXHIBIT ��
O �
Q
7 39
\or th 12 - 205 r
647 !vU t
MAMA!AHO; HWY
,A�n �.
/A Peok trr;ftic volurre
7:15 to 8:15
0
ow
1
17( 13
North A 231
zoo C)outh
MAMArAHOA HWY
PM Peak traffic volume
4:30 to 5:30
Average Peak one k,ur traffic volume.,
Tirur,day, 2/3/q4 cm') Tuc9day, 2/8/414
E_A ?C T-1 Ui',,'�('
14.
I
Pacific
Land
July 11, 1996
Hillary Brown
Chairman, Kona Soil & Water Conservation District
P.O. Box 2262 a1
Kealakekua, Hawaii 96750 .
Re: Change of Zone Application (REZ 96-12)
Applicant: Hao Street Hui -�.
Request: A20A- A3A o c-
TMK: 7-3-25:4 *"
(J.`
Dear Ms. Brown:
I am responding to your comments to the Planning Director, County of Hawaii regarding
the subject change of zone application.
We are in agreement with your general comment that "serious consideration should be given
to the creation and maintenance of Natural Forest Buffers on all properties in this area to
preserve watershed values". Our hui acquired this property for the very reason that we
enjoy the peaceful forest setting and natural areas. Virtually all of the lands surrounding the
• Kaloko Mauka subdivision are held by large estates or the State of Hawaii. We are very
confident that these lands will not be subdivided or further developed and therefore will be
maintained as "natural forest buffers". The partners in our hui look forward to building
several mountain cabins on our future subdivided lot for each of their families to enjoy. One
perspective that you may want to consider regarding this existing Kaloko Mauka subdivision
is that with controlled development of new lots in an area such as this, that already has
roads, water, electricity and numerous residential dwellings, is a much preferred alternative
to the creation of a new large master planned subdivision in the North Kona district.
We thank you for the opportunity to provide our comments and if you would like to discuss
this further we would be pleased to meet with you.
Very truly yours,
EXHIBIT
mo Steinwascher
KS:tmk
cc: Virginia Goldstein, Planning Director
PACIFIC L 4Nl)CFR\'ICFS INC NH,R ICHART)S ST. SUITT utMl HC)NC)I I TI I1 Hl 4h111) 1'1-i(INF (?NIKI 5:1_1 ut 1.114, ;:1_111114
•
Rhao st01.a mm 11/26/96
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HAO STREET HUI
CHANGE OF ZONE APPLICATION NO. 96-12
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 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 the favorable recommendation. This
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
Agricultural-3 acres (A-3a) zoned district will conform to the following goals,
policies and standards of the General Plan Land Use and Agricultural Elements:
o Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
o 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.
o The compatibility of agricultural and non-agricultural uses should be carefully
reviewed and where appropriate, buffers required.
6
o Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged
in appropriate locations.
o Protect and encourage the intensive utilization of the County's important
agricultural lands.
o The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
o 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 A-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 Ag-5a and Ag-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.
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 are 3 acre zoned lands. Therefore, 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.
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 the 2,500 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 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, the Agricultural
District allows for a variety of agricultural activities to be conducted on the property.
Therefore a favorable recommendation of this change of zone request will be
-3-
I
consistent with the surrounding land use pattern already established within this portion
of Kaloko Mauka Subdivision.
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
Department of Transportation and 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. It is recommended
that an archaeological study of the subject property be submitted for review and
approval by the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD) prior to the submittal of plans for subdivision review or any
land alteration activities. Should significant historical sites be located within the
subject property, an archaeological preservation/mitigation plan be submitted for
review and approval by 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, conditions of approval regarding a
-4-
a
"forest reserve easement" have been included in similar approved applications in the
area. A 60 foot wide "forest reserve easement", a 100 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 50% of the entire lot area be retained in forest shall be
included as a condition for this change of zone. 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-3 acres (A-3a) zoned district would result in
an appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
The accompanying draft bill to amend the North Kona Zone Map is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
-5-
•
COUNTY OF HAWAII , STATE OF HAWAII
BILL NO.
(PLANNING DEPT.)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-86 (NORTH & SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-3a) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-25:4.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawaii, shall be Agricultural (A-3a):
Beginning at the south corner of this parcel of land, also being the east corner of
Lot 3, Block 5 of Kaloko-Mauka Subdivision, Increment 1 on the northwesterly side of
Hao Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA" being 10,432.11 feet south and 1,284.68 feet
west and running by azimuths measured clockwise from true south:
1. 113° 51' 00" 658.09 feet along Lot 3, Block 5 of Kaloko-Mauka
Subdivision, Increment 1;
2. 232° 28' 30" 1,928.73 feet along Makaula-Ooma Mauka Tract;
3. 3° 00' 00" 1,283.28 feet along Lots 6 and 5, Block 5 of
Kaloko-Mauka Subdivision, Increment 1;
Thence along Hao Street on a curve to the left with a radius of 530.00 feet, the azimuth
and chord distance being:
4. 79° 30' 30" 875.23 , feet to the point of beginning and containing
an area of 22.065 ACRES.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
APPROVED AS TO FORM AND LEGALITY
CORPORATION COUNSEL
DATED:
-2-
A-20a
A_20a TRUE NORTH
Scale: 1' = 1,000'
KaIoko
Oa A-20a
0111
A-IOa
KALOKO
DRIVE
A-20a
A 2 0 a
• 10,432.11 S A-20a
1.284.68 W `2'
"MOANUTAHEA"
Subdivis Ion
.to
•
h'4 0 A-3 a
=- S T RE A-20a
- FT
A-20a
'041 k
AGRICULTURAL (A-20a)
TO
AGRICULTURAL (A-3a) A-20a
AREA: 22.065 ACRES +#'
*40
• s A-3a
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-86 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-3-25:4 NOVEMBER 20, 1996
EXHIBIT "A" (`+Aa STREET HUI)
•
cHao01.emm-011/26/96
HAO STREET HUI
CHANGE OF ZONE APPLICATION NO. 96-12
CONDITIONS OF APPROVAL
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision for no more
than six lots shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance. The applicants shall reserve the
following easements and special setbacks in perpetuity for purposes of
protecting and maintaining naturally forested areas and shall delineate such
easements and setbacks on plans submitted for subdivision review:
1. A 60-foot wide "forest reserve easement" along the existing public street
frontage of the subject property, exclusive of access points permitted by
the Department of Public Works;
2. A 30-foot "forest reserve easement" along all lot lines not covered by the
60-foot easement; and
3. A 100-foot wide structural setback in lieu of the required 30-foot setback
along the property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that no less than
fifty percent (50%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall
be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the approved covenant(s)
shall be recited in an instrument executed by the applicants and the County and
recorded with the Bureau of Conveyances prior to the issuance of Final
Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall
prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicants and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
G. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall
require the individual owners of the proposed lots to file a conservation plan
with the Kona Soil and Water Conservation District, with a copy of the
approved plan submitted to the Planning Department, prior to any land
alteration activities within any of the respective agricultural lots. A copy of the
proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicants and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
H. A drainage study of the project site, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
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in a manner meeting with the approval of the Department of Public Works prior
to the issuance of Final Subdivision Approval.
I. An archaeological study/survey of the subject property shall be prepared and
submitted for review and approval by the Planning Director in consultation with
the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD), prior to the submittal of plans for subdivision review or any
land alteration activity, whichever occurs first. The scope of work for the
archaeological study shall be determined by the DLNR-HPD. Should
significant historical sites be found within the subject property which merit
preservation or the implementation of mitigative measures, the applicants shall
prepare and submit an archaeological preservation/mitigation plan for review
and approval by the Planning Direcor in consultation with DLNR-HPD prior to
the issuance of Final Subdivision Approval or any land alteration activity,
whichever occurs first.
J. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the DLNR-HPD shall
be immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
K. Access(es) to the subject property from Hao Street shall be constructed in a
manner meeting with the approval of the Department of Public Works.
L. The developer shall prepare a Solid Waste Management Plan for the
development meeting with the approval of the Department of Public Works.
M. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the lot counts are adjusted. The fair
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a
share contribution shall become due and payable prior to final subdivision
approval of any portion of the subject property or within five (5) years from the
effective date of this change of zone ordinance, whichever occurs first. The fair
share contribution for each lot shall be based on a maximum density for each lot
as determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall
be determined by the County Council, provided that the fair share contribution
to address the potential road impacts shall only be in the form of cash and shall
be applied to improving the Kaloko Drive/Hawaii Belt Road or Mamalahoa
Highway intersection. The fair share contribution may be adjusted annually
beginning three years after the effective date of this ordinance, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution for other facility impacts, the applicants may
construct such facilities related to park, fire, police and solid waste disposal
facilities with the approval of the appropriate agency (ies).
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-4-
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. Should the applicant request an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
P. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the area to its original or
more appropriate designation.
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s
b),L41-
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
KALOKO MAUKA SUBDIVISION
TMK: 7-3-25:4
22.065 ACRES
A-20a to A-3a
Engineer: Hilo Engineering, Inc. Applicant: Hao Street Hui
484 Kalanikoa Street c% Kimo Steinwascher
- Hilo, Hawaii 96720 Pacific Land Services, Inc.
810 Richards Street, Suite 900
Honolulu, Hawaii 96813
May 3, 1996 Tel: (808) 534-1141
APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
TMK: 3rd: 7-3-25:04
Applicant: Hao Street Hui
REASONS FOR REQUESTING THE CHANGE OF ZONE
The subject 22-acre parcel is owned by a local hui with the plan of creating six
agricultural lots for each partner to own. We believe the area is well suited for low density
uses combining homes with limited grazing, a variety of agriculture, home gardening,wildlife
habitat, and forested areas.
COMPLIANCE WITH GENERAL PLAN POLICY
The parcel currently has a State Land Use Designation of Agriculture, County zoning
of A-20ac, and County General Plan designation of "Orchard".
General Plan:
The proposed rezoning and subdivision of the subject property into three acre parcels
is consistent with the County of Hawaii's General Plan policy:
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map component
of the General Plan is a graphic representation of the document's goals, policies, standards
and courses of action. The LUPAG Map establishes the urban and non-urban uses for
• "
areas within the County. The requested zone change conforms to the LUPAG Map, which
designates the area for Orchard uses. Lands designated for Orchard uses include those
agricultural lands which though rocky in character and content, support productive
macadamia nuts, papaya, citrus and other similar agricultural products. This proposal to
subdivide the subject property into six parcels, approximately 3 acres in size, is consistent
with the orchard designation.
The proposed A-3a zoning will conform to the following goals, policies and standards
of the Land Use Element of the General Plan:
• Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
• Zoning requests shall be reviewed with respect to General Plan designation,
district goals, State Land Use District, compatibility with adjacent zoned uses,
availability of public service and utilities, access, and public need.
• Rural-style residential-agricultural developments,such as new small-scale rural
communities or extensions or 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.
Kaloko Mauka is an appropriate location for satisfying the General Plan Land Use
Policy. It is both an extension of an existing rural community and has existing of roads,
electric power and water. With overall soil classification of "E" (poor) the soil is too stony
and irrigation costs are too high for commercial, mechanized or large scale agriculture. The
area, however, is well suited for family use and enjoyment of part-time agriculture and
gardening activities and cohabitation with wildlife.
State Land. Use Classification: The subject property is located within an area
designated as Agricultural by the State Land Use Commission.
Kona Regional Plan: The Kona Regional Plan recommends an A-3 zoning
designation for lands located within the lower regions of the Kaloko Mauka Subdivision,
generally where the subject property is located.
County Zoning: The subject property is zoned Agricultural 20 acres (A-20a) by the
County.
Special Management Area (SMA): The subject property is not located within the
County's Special Management Area.
SUPPORTING INFORMATION
DESCRIPTION OF PROPERTY
The subject is a vacant 22 acre parcel located approximately at the 2,500 foot
elevation, on the north side of Hao Street, in the Kaloko Mauka subdivision in North Kona.
It has approximately 1,020 linear feet of frontage on Hao Street.
CURRENT USES AND ACTIVITIES ON SURROUNDING LANDS
KALOKO MAUKA SUBDIVISION
The Kaloko Mauka Subdivision originally contained ninety-one parcels extending from
the 1,700 foot elevation to the 5,700 foot elevation on the slope of Hualalai, in the Ahupuaa
of Kaloko. As a result of twelve rezoning actions over the past eighteen years, parcel sizes
in the lower elevations, 1,700 feet to 2,500 feet, are now a mixture of 3-acre and 20-acre.
The remainder of the lots are 20+ acres in size. The subject parcel is bounded on the west
by 3-acre lots, on the south and east by 20-acre lots, and on the north by property owned
by the State of Hawaii (Makaula - Ooma Tract).
A relatively homogenous pattern of land use activities is being established at all
elevations in Kaloko. Cattle are being grazed on parcels at 2,200' , 3,500' and 5,000' and
there are nurseries and tree farms at different locales throughout, as well as residences.
•
SURROUNDING LAND USES
OWNERSHIP
The Kaloko Mauka subdivision is surrounded by three major land owners: The State
of Hawaii, Bishop Estate, and Palani Ranch.
• The State lands of Makaula-Ooma abut Kaloko Mauka on the north from
2,100 to 3,500 feet elevation.
• The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from
3,500 to 5,400 feet elevation. These lands are currently being grazed by
Hualalai Ranch.
• The Palani Ranch lands of Honokohau abut Kaloko Mauka on the south
along its entire boundary. These lands have historically been grazed.
• The Kaupulehu Forest Reserve (Bishop Estate) abuts the mauka boundary.
Immediately surrounding the subject property is State of Hawaii land to the north and
Kaloko Mauka AG-20a lots to the east and south. Adjacent and to the west are numerous
AG-3a lots with the most recent zoning approval granted to the Ruis family (App. No. 94-
27) whose property abuts the subject property on its makai side.
Y ,
The majority of parcels within the lower regions of the Kaloko Mauka subdivision,
which include the subject property, are currently zoned A-3a.
CLIMATE AND RAINFALL
The subject parcel is located at approximately the 2,500 foot elevation. Temperatures
at this elevation are approximately ten degrees cooler than coastal temperatures. Average
rainfall is approximately 60 inches.
As evidenced by activities on surrounding properties, rainfall and climate at the
subject location is conducive to a range of agricultural activities. These include grazing,
orchards, nurseries, tree farms and gardening.
FLORA AND FAUNA
The subject parcel is heavily vegetated and is covered with ohia, christmas berry,
guava and a variety of grasses and weeds. Wildlife seen at the property consists of turkeys,
hawks (I'o), Chinese pheasant, and other forest birds.
INFRASTRUCTURE
ROADS
V
The property is accessed from mauka of Mamalahoa Highway, up Kaloko Drive to
Hao Street. Kaloko Drive is the subdivision's primary roadway with an 80 foot right of way
with 22 feet paved and 8 foot grass shoulders. Hao Street is a secondary roadway with a 60
foot right of way with the same pavement width and shoulders. The grass shoulders have
been an effective means of dispersing runoff from the paved section, and no shoulder
erosion is evident in the 20 years since construction.
The intersection of Kaloko Drive and Mamalahoa is a "T". Traffic movements to and
from Kaloko Mauka are small in number.
With the surrounding roadway infrastructure being quite adequate that the subject
development will have no noticeable impact on traffic.
WATER
The Department of Water Supply considers the Kaloko Mauka Water System a
separate system from their other system in Kona. This system consists of transmission and
distribution lines, pump stations, and seven reservoirs which extend up to the 5,000 foot
elevation. The reservoirs have a total capacity of 500,000 gallons, sufficient for a density of
one unit for each two acres in Kaloko Mauka. Because of the project's high elevation and
resultant high pumping costs, the Kaloko Mauka service area has higher rates than the other
Kona systems, paying approximately three times the base rate in Kona. Further, it is the
only service area in the County which does not receive a reduced rate for agricultural users.
The existing water system in Kaloko has adequate capacity for the rezoning and
planned subdivision of the subject property.
ELECTRIC POWER/TELEPHONE
There is adequate electrical and telephone service for the subject property.
SOILS
The subject property is comprised of soils identified as Kilea Extremely Stoney Muck
(rKXD). This soil consists of well drained, thin, extremely stony organic soils over
fragmental A'a lava. The Land Study Bureau's Detailed Land Classification System classifies
this land as "E" (very poor) for agricultural productivity. Under ALISH these lands are
classified as "unique".
DRAINAGE/FLOODING
The relative young age of the volcanic flows forming this area results in very shallow,
rocky soils which are very well drained. No runoff or erosion has been experienced in
Kaloko Mauka since the road construction in 1973 nor is there any evidence of concentrated
runoff in the past.
The subject property is located within an area outside of the 500 year flood plain
(Zone X).
WASTEWATER
Any wastewater generated by the proposed development will be accommodated by
the use of individual wastewater treatment and disposal methods meeting with the approval
of the State Department of Health.
MARKET ANALYSIS
A quiet drive through Kaloko Mauka reveals a unique subdivision where most homes
are setback from the roadways and completely hidden from view by dense vegetation. The
result is that the Kaloko Mauka subdivision has the appearance of a drive through a forest
and not the typical agricultural subdivision. Hau Street Hui believes that this is one of the
unique features of Kaloko Mauka which must be preserved. Subdividing the property to
parcels of about 3 and 2/3 acres in average size,will allow for generous setbacks to maintain
a natural forest condition adjacent to Hao Street and other properties. There are presently
six 3-acre lots listed for sale in Kaloko Mauka. However, it should be noted that the specific
intent of the Hau Street Hui partnership is to retain a lot for each of the individual partners.
Therefore, only one and perhaps two of the total six lots created may eventually be offered
for sale.
s
HAO STREET HUI
Change in Zone Application
Surrounding TMK's: (3rd Division)
a. 7-3-25:5
b. 7-3-25:8
c. 7-3-25:3
d. 7-3-25:2
e. 7-3-25:1
f. 7-3-01:2
DESCRIPTION
Being Portions of File Plan 994 and
L. C. Aw. 7715: 11 to Lota Kamehameha
(Lot 4 , Block 5 of Kaloko-Mauka Subdivision, Increment 1)
Kaloko, North Kona, Island of Hawaii, Hawaii
Beginning at the south corner of this parcel of land, also
being the east corner of Lot 3 , Block 5 of Kaloko-Mauka
Subdivision, Increment 1 on the northwesterly side of Hao Street,
the coordinates of said point of beginning referred to Government
Survey Triangulation Station "MOANUTAHEA" being 10, 432 . 11 feet
south and 1, 284 . 68 feet west and running by azimuths measured
clockwise from true south:
1. 113° 51' 00" 658 . 09 feet along Lot 3 , Block 5 of
Kaloko-Mauka Subdivision,
Increment 1;
2 . 232° 28' 30" 1, 928 .73 feet along Makaula-Ooma Mauka
Tract;
3 . 3° 00' 00" 1, 283 .28 feet along Lots 6 and 5, Block
5 of Kaloko-Mauka Subdivision,
Increment 1;
Thence along Hao Street on a curve to the left with a radius of
530.00 feet, the azimuth and chord distance being:
4. 79° 30' 30" 875.23 feet to the point of beginning
and containing an area of
22. 065 ACRES.
�AM. Kq��
LICENSED �G
` 3
PROFESSIONAL
LAND 22101. tkAWAMTZ---77)
* NNo.SURVEYr * Licensed Professional Land Surveyor
Certificate No. 2671
April 18, 1996
Hilo Engineering, Inc.
484 Kalanikoa Street
Hilo, Hawaii 96720
Tax Map Key: 3rd Div. 7-3-25:04
1 of 1
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APPLICATION FOR CHANGE OF ZONE
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT : Hao Street Hui, c/o Pacific Land Services, Inc.
APPLICANT' S SIGNATURE: DATE: 4/26/96
ADDRESS : 810 Richards Street, #900, Honolulu, HI 96813
LIST APPLICANT' S INTEREST IF NOT OWNER Owner
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS Kimo Steinwascher,
Ned Dewey , Scott Radovich, Marc Duncan
TELEPHONE-BUSINESS: (808) 534-1141 RESIDENCE: 'N/A
REQUEST: AG-20a TO AG-3a
( Existing zoning ) (Proposed zoning)
TAX MAP KEv; 7-3-25 :4
AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22.065 acres
LANDOWNER(S ) : Hao Street Hui Partnership, a Hawaii General Partnership
OWNER' S SIGNATURE C om! DATE: 4/26/96
(May be by letter )
AGENT: • Kimo Steinwascher
ADDRESS: c/o Pacific Land Services, Inc. , 810 Richards St, #900, Honolulu 96813
TELEPHONE-BUSINESS: (808) 534-1141 RESIDENCE: (808) 263-4782
Please indicate to whom original correspondence and copies should be
sent . ORIGINAL ' Applicant COPIES • Applicant •
(See Instructions in Back)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
1 . If your request is approved, do intend to subdivide the subject
land in accordance with the approved change of zone? Yes
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? All
b. Into what lot sizes? 3.67Xcres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 1 month
d. Do you intend to build houses on the newly created lots? Yes
•
If yes, please answer the following questions:
On how many of those lots? 3-4
At what approximate price range? House $100,000+
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? 1-2 years
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form. Attached
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 5/84
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? Not significantly
How?
4. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used ...for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? Yes
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity? Flowers, Orchard
Coffee, Nursery
. b. Suitablility of the proposed lot-size for that commodity? Acceptable
c. Sufficient farm size to allow reasonable chance of success in •
commercial agriculture? Yes •
-2-
6
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use? N/A
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. N/A
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons. N/A
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
S. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
•
c. Sewer X
d. Drainage X
-3-
Yes No
e. Police Protection X
f. Fire Protection X
g. Recreational Facilities X
h. Public Utilities X
i. Other X
For these checked "yes," please elaborate what type or kinds of improvements
and/or assistance are needed.
HAO STREET HUI PARTNERSHIP
a Hawar General Partnership
Signature: (2;v/17(__
Address: 810 Richards Street, #900, Honolulu, HI 96813
Telephone: (808) 534-1141
Date: 4/26/96 •
-4-
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(FILE PLAN 994)
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TAX 'MAP KEY: 3RDByyDIV. 7-3-2504
PApplicant: HILA EN(INEF.}W1G, INC.
Pacific band Services, Inc. 484 Kafanilcoa Street
810 Richards Street. Suite 900 Hilo, Hcwaii 96720
Honolulu Hawaii 96813
DATE APRIL 18. 1996
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