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COM 0468.000 2014-2016
. �,' Walter K.M.Lau • • Managing Director William P.Kenoi • Mayor 's'f Randall M.Kurohara �O"•'���- Deputy Managing Director TE Of County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 N4 CD September 9, 2015 r~, Dru Kanuha, Council Chair and Members of the County Council _ County of Hawai`i o y 25 Aupuni Street 'O _ Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 05-74 (REZ 04-022) Applicant: Kukui Development,LLC Request: Five-Year Time Extension to Condition C (Complete Construction) Tax Map Key: 7-5-009:067 vehange of Zone Application (REZ 15-188) Applicant: Jean A. Lorant Trust Request: A-20a to A-7a Tax Map Key: 7-3-026:003 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, WILLIAM P. KENOI Mayor MTransCouncilLKukuiREZ04-022LorantREZ 15-188 Enclosures cc: Planning Department IAA( < / Comm, .to. a, Rof. PC County of Hawai`i is an Equal Opportunity Provider and Employer. Reif. Uate SEP 1 1 21115 R 2.,...._. 1TE U•Ni,.M . County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 SEP 9 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 15-000188) Applicant: Jean A. Lorant Trust Request: A-20a to A-7a Tax Map Key: 7-3-026:003 The Leeward Planning Commission, at its duly held public hearing on August 20, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural—20 acres (A-20a) to an Agricultural—7 acres (A-7a) zoning district for approximately 21.095 acres of land located along the west (makai) side of Hao Street, approximately 1,500 feet from its intersection with Kaloko Drive within Kaloko Mauka Subdivision at Kaloko,North Kona, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from Agricultural 20-acre(A-20a) to Agricultural 7-acre(A-7a) for approximately 21.095 acres of land to subdivide the property into two parcels to be used as residential/agricultural lots. The property is currently subject to a Condominium Property Regime (CPR), comprising Units 1 and 2, which are 14.923 and 6.172 acres in size, respectively. An existing home and access driveway is located centrally within the 6.172-acre CPR unit, in the southeastern portion of the property. The applicant proposes to subdivide the subject property into two lots in a manner that is approximate to the current CPR division and consistent with the Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 proposed zoning. These lots are intended to be residential/agricultural lots for the respective successors of the Applicant Trust. 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 consistent with the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from an Agricultural 20-acre (A-20a) to the Agricultural 7-acre (A-7a) district will conform to the goals, policies and standards of the General Plan. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Important Agricultural Land, which are lands with better potential for sustained high agricultural yields because of soil type, climate,topography, or other factors. However, the subject property is primarily native forest and therefore it is preferable to maintain the forest than to convert the property to agricultural uses. The proposed Change of Zone will conform to, among others,the following goals and policies of the Natural Resources Element of the General Plan: • Protect rare or endangered species and habitats native to Hawai`i. • Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as excessive soil compaction and excessive removal of vegetative cover should be minimized and mitigated consistent with management strategies that encourage the retention of existing forested and pasture areas, reforestation, minimal coverage by impervious surfaces and other strategies that encourage effective infiltration to groundwater. • Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals. Dru Kanuha, Council Chair and Members of the County Council Page 3 • Create incentives for landowners to retain and re-establish forest cover in upland watershed areas with emphasis on native forest species. Among the most significant of the island's natural resources are upland forests that provide the essential groundwater recharge areas. All groundwater sources in North and South Kona ultimately depend upon recharge that primarily occurs in a band between the 1,500 and 5,500-foot elevations. In the lower part of this band, rainfall dominates from approximately the 1,500 to 3,000-foot elevation. In the upper part of this band, above the 3,000-foot elevation, fog that collects on trees and drips to the ground is a major contributor to the aquifer. In recognition of the importance of the mauka Kona area for watershed and other environmental values, the County Council established a policy in Resolution No. 330-96 (1996)that no lands in North or South Kona above 2,500 feet in elevation (except in the existing Kaloko Mauka Subdivision) should be rezoned to lot sizes less than 20 acres, without a corresponding reduction in density on contiguous lands. In Kaloko Mauka, the Council found that the concerns could be mitigated by specific rezoning conditions which would require that at least 80 per cent of the property be kept in forest cover, in the area above 3,000 feet in elevation (Resolution No. 58-97). One of the conditions included in Resolution No. 58-97 was to restrict the number of dwellings to one per lot. A condition of approval will be included to void the `Ohana Dwelling Permits that were issued for this property but never built in order to conform to this restriction. The subject property is presently heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu'u ferns and other native and non-native trees and shrubs. Wildlife on the property consists of feral cats,pigs, mongoose,turkey, and other common introduced birds. Common native Hawaiian birds inhabiting the property include the `amakihi, `apapane and `elepaio. The federally endangered Hawaiian Hawk inhabits the general Kaloko mauka area. The federally endangered Hawaiian Crow disappeared from the area in the 1970-1980's, although the area remains to be potential habitat for future species recovery efforts. The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of Hualalai, above the 3,000 foot elevation, as "essential habitat" for the endangered `akepa and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. The proposed development has the potential to alter the mixture of plant life,however, the low density of the proposed development and conditions of approval consistent with Resolution No. 58-97 will assure the continuation of habitat for existing wildlife. The Kona Community Development Plan (CDP) includes Dru Kanuha, Council Chair and Members of the County Council Page 4 similar goals as the General Plan regarding preservation of natural resources and native species, as well as watershed protection. With implementation of these conditions, the request will conform to the goals and policies of the General Plan and Kona CDP. All utilities and services are available to the site. Access to the subject property is from Hao Street from Kaloko Drive, which are County roadways. Hao Street is a 20- foot wide paved roadway with grass shoulders within a 60-foot wide right-of-way. Kaloko Drive is a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway, which is a State highway, as a T-intersection configuration without channelization improvements, approximately three miles below the property. The Department of Transportation (DOT) has previously expressed concern about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. In prior rezonings within the subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. The Depaitment of Transportation, Depaitnient of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar change of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. Previous rezones in the subdivision have included a condition of approval requiring that the fair share fee paid for regional impacts to transportation,park,police, fire and solid waste facilities be allocated for the County and/or State to improve the Kaloko Drive- Mamalahoa Highway intersection. The current fair share fund balance for this intersection is $578,764.24. A condition of approval will be included to continue to require fair share fees be contributed to improvement of this intersection for the additional lot the applicant is proposing to create. Dru Kanuha, Council Chair and Members of the County Council Page 5 he property is currently served by two 5/8-inch County water meters limited to an average of 800 gallons per day total. The proposed subdivision will not require additional water. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems meeting the requirements of the Department of Health. Solid waste will be taken to the Kealakehe transfer station by the individual lot owners or a private hauling service. All other essential utilities and services are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is located over 5 miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. The property does contain significant natural resources in that it is heavily forested with native species that provide a food source to several native and endangered bird species. In view of the Hawai`i State Supreme Court's "PASH"and "Ka Pa'akai 0 Ka Aina"decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: The property is located within the boundaries of a pre-contact age upland agricultural system known as the Kona Field System, which is listed in the State Inventory of Historic Places. The property was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a,North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. An archaeological field inspection report, completed by Bob Rechtman, Ph.D, in June 2015, determined that future development of the property would have no effect on historic properties because none were found on the property. The U.S. Fish and Wildlife Service has conducted studies of the general area over the years and have identified numerous endangered and native bird species in the native forest. Dru Kanuha, Council Chair and Members of the County Council Page 6 The valued cultural,historical, and natural resources found in the rezoning area: No historic, archaeological or cultural sites were found during the June 2015 archaeological field inspection of the subject property. Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Agricultural zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a)to the Agricultural 7-acre (A-7a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (North and South Kona District Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 7 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and transcript of the hearing for your information. Sincerely, C Brandi K. Beaudet, Chairman Leeward Planning Commission LLoranttrustREZ 15-1881pc2 Enclosures cc: J M Leonard Planning, LLC Jean A. Lorant Trust, c/o John A. Lorant, MD Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel Planning Department- Kona BLorantREZ.doc 8/5/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JEAN A LORANT TRUST CHANGE OF ZONE APPLICATION (REZ 15-000188) JEAN A LORANT TRUST has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a)to Agricultural 7-acre(A-7a) for approximately 21.095 acres of land. The property is located along the west(makai) side of Hao Street, approximately 1,500 feet from its intersection with Kaloko Drive within Kaloko Mauka Subdivision at Kaloko,North Kona, Hawai`i, TMK: 7-3-026:003. PROPOSED ACTION 1. Applicant's Request: Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 7-acre(A-7a)to subdivide the property into two parcels to be used as residential/agricultural lots. The property is currently subject to a Condominium Property Regime(CPR), comprising Units 1 and 2,which are 14.923 and 6.172 acres in size, respectively. An existing home and access driveway is located centrally within the 6.172-acre CPR unit,in the southeastern portion of the property. The applicant proposes to subdivide the subject property into two lots in a manner that is approximate to the current CPR division and consistent with the proposed zoning. These lots are intended to be residential/agricultural lots for the respective successors of the Applicant Trust. 2. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department(P.D.)Exhibit 1 -Change of Zone Application and P.D.Exhibit 2-Email dated July 6,2015 from James Leonard containing Archaeological Field Inspection Report) 3. Landowner: Jean A. Lorant Trust. Re: Bill 92 (Corm. *16?) 4 BACKGROUND INFORMATION 4. Condominium Property Regime: Hawai`i Revised Statutes defines a"condominium" as real estate,portions of which are designated for separate ownership and the remainder of which is designated for common ownership. A CPR parcel is one lot of record,with its associated common interest and common elements,whose ownership,use,interest and liabilities are shared by each and every condominium owner. A condominium property regime was created for the subject property in 1990. 5. `Ohana Dwelling Permits: Two `Ohana Dwelling Permits were issued to Jean A. Lorant by the Planning Department for this property but no `ohana dwellings were ever built. Permit No. 89-127 was issued on May 9, 1989 and Permit No. 93-281 was issued on October 14, 1993. 6. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, amending the Council's policy relating to the rezoning of district boundaries within Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions,will protect the watershed and native forest and maintain a low density pattern. The Resolution further recommended that the Planning Commission consider favorable recommendations for A-10a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000- foot elevation and include the conditions as stated within Resolution No. 58 97,provided that the request complies with the other goals,policies, and standards of the General Plan. (See Exhibit D included within the application) STATE AND COUNTY PLANS 7. State Land Use Designation: Agricultural. 8. General Plan Designation: Important Agricultural Land. 9. County Zoning: Agricultural 20-acre(A-20a). 10. Kona Community Development Plan (KCDP): The subject property is situated outside the Kona Urban Area. -2- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is 21.095 acres in size and sits between the 2,100 to 3,080 foot elevations. The property is heavily forested with slopes between 6 and 20%. There is currently one residence that was built in 1990, two sheds and a driveway on the property. 12. Surrounding Zoning/Land Uses: Surrounding lands are zoned A-20a,A-10a,A-7a and A-5a and are in low-density residential uses surrounded by natural forest. There are some small pasture and nursery areas within the subdivision. The forest lands of Maka`ula-`O`oma abut the subdivision to the north from the 2,100 to 3,500-foot elevation. Bishop Estate lands of Ka'upulehu surround the subdivision to the north at the 3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Ka`upulehu Forest Reserve is located mauka(east) of the subdivision. 13. Agricultural Lands of Importance to the State of Hawaii(ALISH): Other Important Agricultural Land. 14. Land Study Bureau's Detailed Land Classification System: "E"or"Very Poor". 15. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well drained,thin, extremely stony organic soils over fragmental A`a lava and is used primarily for woodland and pasture. 16. Flood Zone: Zone"X", an area determined by FEMA to be outside the 500-year flood plain. 17. Flora/Fauna Resources: The property is heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu`u ferns and other native and non-native trees and shrubs. Wildlife on the property consists of feral cats,pigs,mongoose,turkey, and other common introduced birds. Common native Hawaiian birds inhabiting the property include the `amakihi, `apapane and `elepaio. The federally endangered Hawaiian Hawk inhabits the general Kaloko mauka area. The federally endangered Hawaiian Crow disappeared from the area in the 1970-1980's, although the area remains to be potential habitat for future species recovery efforts. The Hawaiian Forest Bird Recovery Plan(1983)identified the upper slopes of Hualalai, above the 3,000 foot elevation, as "essential habitat" for the endangered `akepa and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. -3- 18. Archaeological/Historical Resources: The property is located within the boundaries of a pre-contact age upland agricultural system known as the Kona Field System,which is listed in the State Inventory of Historic Places. The property was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch,the developers of the Kaloko Mauka Subdivision. In addition,the National Park Service published a report in 1991 entitled,"An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a,North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated April 6, 2015,the State Historic Preservation Division requested that an archaeological inventory survey be conducted of the property to determine the presence of historic sites. An archaeological field inspection report, completed by Bob Rechtman, Ph.D,in June 2015, determined that future development of the property would have no effect on historic properties because none were found on the property. 19. Cultural Resources: The property does not contain any features of cultural importance and there is not history of traditional gathering associated with the property. The proposed rezone and subsequent subdivision would not affect the exercise of traditional or customary Native Hawaiian rights in the area. 20. Public Access: There is no record of a designated public access that traverses the property. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the subject property is from Hao Street from Kaloko Drive,which are County roadways. Hao Street is a 20-foot wide paved roadway with grass shoulders within a 60-foot wide right-of-way. Kaloko Drive is a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway,which is a State highway, as a T-intersection approximately three miles below the property. Since the mid 1990's, funds have been set aside in the fair share account for the County and/or State to improve this intersection. The current fund balance for this intersection is $578,764.24. 22. Water: The property is currently served by two 5/8-inch County water meters limited to an average of 800 gallons per day total. The proposed subdivision will not require additional water. -4- 23. Wastewater: The applicant proposes to use individual wastewater systems meeting the requirements of the State Department of Health for the proposed lot. 24. Solid Waste: Solid waste will be taken to the Kealakehe transfer station by the individual lot owners or a private hauling service. 25. Essential Utilities and Services: The area is served by police and fire stations in Kailua and Kealakehe, approximately five miles southwest of the property. The new Makalei fire station was built in the Kalaoa area off Mamalahoa Highway, about 3.5 miles from the property. Kealakehe Elementary, Intermediate and High Schools are located approximately 4 miles south of the property. All other essential utilities are available to the property. AGENCIES' COMMENTS 26. Department of Public Works-Engineering Division: P.D. Exhibit 3—March 20, 2015 memo 27. Department of Water Supply: P.D. Exhibit 4—April 8,2015 memo 28. Department of Land and Natural Resources- State Historic Preservation Division: P.D.Exhibit 5—April 6, 2015 letter 29. Department of Transportation: P.D.Exhibit 6-April 13,2015 letter AGENCIES -NO COMMENTS/CONCERNS 30. Police Department, Department of Environmental Management, State Department of Health, State Department of Land and Natural Resources- Land Division. AGENCIES -NO RESPONSE 31. Fire Department, Department of Public Works- Building Division, State Department of Agriculture,Natural Resources Conservation Service,U.S. Fish and Wildlife Service, Real Property Tax Office PUBLIC COMMENTS 32. None as of the date of this writing. -5- 7,T JEAN A. LORANT TRUST, CHANGE OF ZONE APPLICATION Requested Change from Agricultural A-20a to Agriculture A-7a TMK: (3) 7-3-026: 003 Lands of Kaloko, North Kona , Hawaii March 2015 Planning Dept. Exhibit JEAN A. LORANT TRUST CHANGE OF ZONE APPLICATION TABLE OF CONTENTS Page Change of Zone Application Form and Attachment i - v A. SUBJECT REOUEST 1 B. CONFORMANCE WITH STATE AND COUNTY PLANS 3 C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 6 D. PUBLIC FACILITIES AND SERVICES 12 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 13 F. ANALYSIS OF THE PROPOSED ACTION 15 FIGURES Following Page 1. Island and Regional Location Map 1 2. TMK Map 1 3. Site Plan with Proposed Subdivision 2 4. County Zoning 11 APPENDICES A. Change of Zone Map and Metes and Bounds Description B. Letter to SHPD Requesting a Letter of"No-Effect" C. Proposed Forest Management Plan for the Lorant Property D. Council Resolution No. 58-97 E. List of Surrounding Property Owners [Page intentionally left blank] ii CHANGE OF ZONE APPLICATION - 4{ 1' 75 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Jean A. Lorant Trust, C/O Jo A. Lorant, MD (Trust Executor) APPLICANTS SIGNATURE: %" `� r.K ,4) ADDRESS 2300 Kineioa-Canyon Road Pasadena, California 91107 • LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus ) (Res.) (Fax) LANDOWNER(S): LANDOWNER SIGNATURE(S)- DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: Agricultural (A-20a) TO Agricultural (A-7a) iFxishine zoninz? (Proposed Zoning) TAX MAP KEY (3) 7-3-026: 003 STREET ADDRESS OF PROPERTY. 73-1910 Hao Street Kailua Kona, Hawaii 96740-8689 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED. 21 .095 Acres AGENT. James M. Leonard, J M Leonard Planning, LLC ADDRESS: 1100 Ainalako Road Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 896-3459 (Res ) (808) 981-0990 (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: James M. Leonard COPIES- Jean A. Lorant Trust, CIO John A. Lorant, MD 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 Yes 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? 21.095 b. Into what lot sizes . Approx. 13.9 and 7.2 acres c. If your request is approved,approximately how long after the date of approval do you expect to submit your subdivision plans 3 Months to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? No One residence currently exists If yes,please answer the following questions: On how many 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 Enclosed subdivision plan together with your change of zone application form. Plans for the proposed two-lot subdivision are enclosed with the application 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell of leas 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 5184 f. If you intend to do either a, b, c,please elaborate on the kind • • of plans the other party has. Please also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It provides two additional lots in the Kaloko area. . 4. Are there any building on the subject area? Yes If so, what kind? One residence and two storage sheds currently exist on the property. What do you intend to do with those buildings if your request is approved? The existing residence will continue to be used as the principal residence for one of the Trust heirs. 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 Yes lots? If so, did your plan include the following considerations? No a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurances that potential buyers or lessees would put the'subject area into some form of agricultural use? Please state the 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 No Agricultural purpose, please state your other reasons. The intent is to subdivide the land so that the resulting parcels can be transferred to the heirs of the estate, as dictated by the estate trust. 7. To your knowledge,has there been any flooding and/or drainage problem None on the subject area? If so,please describe the problem. 8. Do you think that the roads leading to the subject area need No improvements? 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- e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X For those checked"yes",please elaborate what type or kinds of improvements and/or assistance are needed. b. Roads- Plans are in place for improvements to the intersection of the main subdivision road (Kaloko Mauka Drive)and Mamalahoa Highway. The Applicant is committed to pay its fair-share assessment towards the implementation of those improvements. 1 Signature: _ � - `� j t ( n A.Lorant,MD, Executor for the Jean A.Lorant Trust Address: 2300 Kineloa Canyon Road, Pasadena, CA 91107 Telephone: (213)999-9944 /Date: -4- [Page Intentionally Left Blank] COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20-acres (A-20a) to Agricultural 7-acres (A-7a) APPLICANT: Jean A. Lorant Trust TAX MAP KEY: (3) 7-3-026:003 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development: a. Project Description: The subject property is a 21.095 acre parcel located southeast of the intersection of Hao Street and Kaloko Drive at approximately the 2,700 feet elevation. It is identified as Lot 3, Block 6, Increment 2 (File Plan 1010),being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko,North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%. The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. The Island and regional location and TMK maps showing the location of the property included in Figures 1 and 2. b. Statement of objectives and reasons for the request: Currently,the property is subject to a Condominium Property Regime(CPR), comprising Units 1 and 2,which are 14.923 and 6.172 acres in size, respectively. An existing home and access driveway is located centrally within the smaller (6.172 acre)CPR Unit, in the southeastern portion of the property. The owners propose to subdivide the existing property into two lots in a manner that is approximate to the current CPR division and consistent with the proposed zoning for the property. These lots are intended to be residential/agricultural lots for the respective successors of the Applicant Trust. c. Number of acres: 21.095 acres are covered by this request. 1 [Page Intentionally Left Blank] 1 ,, <'N f ,- v" #fes„ ,/j, ti r' L3 ' eCaarfai kiiiPth'� ,1 `' • tate Pare " �\ . is a •,,ti Sj '1 1`3 awaii Belt Road ,, �. . �\ -,,,,ti P.44t,L,i 7,r. ,. , r 'f • .,j eahole-Kona ,�3---- - -- • Makalei Golf Course -- -�__ -' 4,i, 1 ternatioraal,�„ ,,„_ _--i _{;. . * 4, r =; irport . ' r•rpt `,.`_. t e E.4 3 i ttir, ....-1, �.MC�i vnr, f- 5 +F E ' iris.,.,... 16 r cie... IllIl • �;�' +w. s:i- Kaloko Mauka Subdivision -�________,--1-___ ...LIVV, .416 Apliltinillik 1,_ 1'Ilia it 1 1,-:;;.....-;;;;:'':-- 4144,e+4,,: -11'40 bir - ----.\, --.. . . .I'll'!_: r *�**1:�#',..,.s.,0,,,,...._.'''f* .. " __,,------\ ii :: . -�;,'-f` to 'kr:!.. , ir,,'.Yk �1'�'� z4pr-,00.-- \ ___.----'-'\\., _. { .tiffs rR"+1-01 �M b} ` i " ,. A 441. Hina Lani St ' ,c :ta ,�'�'+ =•.-'`` moi„ ...:. ,, .,.._. }... ,µ,sr.. :,•.1:.'• Kaloko- •noko uy s `rr. .4,,. Lorant Property \ ..______ Nat'l Hist I�x,� tri , �_ .- .� .4.1 1. 4...LA \u„...,-,------- OM S..:1111116.----- ,''''''''. ..›'."'-'- Ilis...4 Z ...4 . glir ."'' ' - jf//t rr �" c , siski11111 111 14 46 r,..' - ''''-. • .,r' r. �-L i 41 '''' 4 d air y •."- 4.v . �' rt r......V a. Rte• �i. „ip �,,,,,,,_*,,,..e.,,,,,...,�Kailua-Kona. � ; �� t„-• ..,- ,A.. , ` ,, , _ ,. - ,.,,,, _ ,.,,, ___..,., , .,...7., ,.,......,,,,......4.:vir,da.m.1,.; ,-,42,....iiiiii.;sw,.-Zilliit....:—.--- 0 1 2 V 3 4ni ,‘*. Figure 1 Island and Re ional Location Ma }g p --,,-,, ,,,„,,„, Lorant Change of Zone Application , , ,,-4---,, ,.., „, ,,,, ,,,,,,,,„ }, s r^ ..r Q °.",.° 0 0 A • n • / O / i el L '. 0 9 C I. 03 - 0°t ` h �� 0,. c tii` w 3/4.,".-..,,t z �m x4$4we ' O L,. .; o CN x • ,S� c a .., �' f t �,j a. e - Q 1 n - r ---- 6 r s �• at / R. 0 1 _ °m ;% v_ 5++�� rm 0 ' Wm � . Lorant Property12 a 3' .° a; i. (TMK: 7-3-026:003) �'r°' \ ' y J n �� /d �� t '• 0 et% d b bb ys. V ` • YC ,., ? e v , r n ,Q ,e `iW V 5.;; u bb v 'c'.' ,° µ' 1 a° r O o / '' O Sa A o, 1 m . m l / % O , te -xA. R °a n a A . ,ia .F a „3 #, , f 4 s.\‘\,.‘,'‘ R ‘,S, .g / .... Q c2,\,:il" qO -5a / ; Fi.;cRe £� t S Q _ _ _ung __. :at M,. qi p A40 7 s« .. w -. qv'E=C.k rnij o _ ��Y 411 e- 1 FIGURE 2, TMK MAP Lorant Change of Zone Application d. Proposed lots and area of proposed building envelope: With the proposed zoning approval,the applicants propose to subdivide the existing lot into two parcels that are approximately 7.2 and 13. 9 acres in size,as indicated in the Conceptual Subdivision Plan shown in Figure 3. It is proposed that the lots will have similar conditions as those placed on other rezoned lots in the Kaloko Mauka subdivision. The conditions have included a 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and a 100-foot wide structural setback in lieu of the required 30- foot setback along the property's public street frontage to provide an additional buffer. Additionally,restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks. The restrictive covenant(s) shall also specify that no less than eighty percent(80%)of the entire lot area shall be retained in forest, including the area comprising the forest reserve easements described. A copy of the proposed covenant(s) is to 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. e. Time frame: The application for the subdivision will be filed immediately following zoning approval and is expected to take 4-6 months to receive final subdivision approval. f. Parking arrangement: Parking for the existing and planned residences on the created will be accommodated on each site, as required by the Zoning Code. It is anticipated that there will be one residential unit on each lot. g. Traffic Impacts: In that the property has two property units established under a Condominium Property Regime(CPR), an existing residence within one unit, and permit approval for an additional residence, and water service for each of the units, the proposed rezoning would not be affecting any increase in density potential traffic generated as a result of the proposed lot subdivision. 2 [Page Intentionally Left Blank] ) y - { } /..1, , g � ' e . : S{ _�� , _ c y } \ ` \ ® o ± . //e ,. % I � -S-- 0 1-.. E \ § \/ \ ^ A 111P-1 d j Q \ ` A \ ) /- j \) \9 § \ % § `� / 0® < 8E E§ ƒ a . / .@b \ � �� -- ...,, „\A — ki 2 }/o >• )\ ( { :}ƒ ~ z Ct® ®°®° �� a �� $0 }�\\ c® }\ � / Q k ®LL `2 - � 2 Cl„, m \ . \t e • /$ #\\\ \\ }? / [ | k }e < o LU 0 mJ! . ® E -° _ \ ! \\ CI, /\ ii \ Imo/ \ ( ® { �% 0 t4. \ / i / ° ;� *. | � �� ' w. 7a ; ! . F10.- ` ! \ c ; ° ` ^ , -.• \ w. : � +� ` 1 4� 0 \ / es % / { . /j , _ } o ( f 3 .'cl `_ / I 4 { / P / : - \\ | Ui ° ® , K . } ;\ ` { ilg ( ! 2 / . . : { ± ® % ) rre § 9! j + q + ® R ! 1 ` 0 ƒ \ [ \ . / ;! 14 i } / \ $ . !{Ua © ! • , «- . ! , 2. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicants understands that all prior re-zonings in the Kaloko Mauka Subdivision have been subject to conditions requiring the applicants to participate in the improvement of this intersection. The Applicant stipulates to this fact and will also participate in providing their fair share towards the cost of these improvements. B. CONFORMANCE WITH STATE AND COUNTY PLANS 1. State Land Use Designation: Agricultural 2. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. o The County of Hawaii shall strive for an economic climate which provides its residents an 3 opportunity for choice of occupation. o The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives. o The County shall idents and encourage primary industries that are consistent with the social,physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals,policies and objectives of the Land Use Element of the General Plan. LAND USE GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. STANDARDS o Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (1) AGRICULTURE The following goals and policies are intended to address some of the land related problems of agriculture and are to be consistent with and supportive of the overall land use element. 4 GOALS Q Identify,protect and maintain important agricultural lands on the island of Hawaii. POLICIES o Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 3. General Plan L UPAG Designation: Orchards- "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." 4. Zoning: Existing zoning is Agricultural, 20-acre (A-20a). The purpose of this application is to change the zoning from the existing Agricultural, 20-acre (A20a) to Agricultural 7-acre (A-7a). This request is consistent with the pattern of prior zoning approvals in the area. A copy of the map and metes and bounds description for the proposed rezoning is included in Appendix A of this Report. 5. Community Development Plan: The proposed action would be consistent with the Kona Community Development Plan(Kona CDP) in that the subject property is located in an agricultural zoned area and outside an urban designated area of the County General Plan LUPAG. It is also located outside of the Urban and Rural TOD areas shown on the Official Kona Land Use Map (Figure 4-7) of the Kona Community Development Plan. In 5 • accordance with Policy LU-3.8 of the Kona CDP: Rezoning Outside of Urban and Rural TODs and Outside of General Plan LUPAG Urban Areas,the proposed rezoning request "allows only a small number of additional lots, consistent in scale with the transfer of lots to family members." 6. Special Management Area: The property is not located within the County of Hawaii's Special Management Area. 7. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 7 miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact the recreational resources,visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 8. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these areas will be impacted by the proposed action. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 1. Description of subject property: The subject property is a 21. 095 acre parcel located southeast of the intersection of Hao Street and Kaloko Drive at approximately the 2,700 feet elevation. It is identified as Lot 3, Block 6, Increment 2 (File Plan 1010),being a portion of R.P. 8214,L.C. Aw. 7715,Ap. 11 to Lota Kamehameha, at Kaloko,North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of between 6 and 20%. The mean annual rainfall according to USGS Report R-47 is approximately 70 6 inches. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There is currently one residence on the property with patio area, shed and driveway on the property. 2. Lava Hazard Zone: The United States Department of the Interior/Geologic Survey designates this area on a descending scale of risk 1 to 9 as Zone 4,which, according to the USGS description of Hazard Zones for Lava Flows on the Island of Hawaii,Zone 4 includes those areas where about 5% of this area has been covered by lava since 1800 and less than 15%has been covered by lava in the last 750 years, and"includes all of Hualalai,where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas." 3. Distance from coastline: The subject property is approximately 6.5 miles east of the coastline at Puhili Point. 4. Agricultural Lands of Importance in the State of Hawaii(ALSIH) designation: Soils within the subject property are classified as"Other important Agricultural Lands"by the ALISH system. 5. U.S.D.A.Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kona Extremely Rocky Muck(rKYD), 6 to 20 percent slopes. 6. The Land Study Bureau soil rating: Soils within the subject property are classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dark brown;parent material-A'a and volcanic ash; stoniness-sharp lava clinkers; drainage-very well drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet;machine tillability-unsuited for machine tilling. 7. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone"X", outside of the 500-year flood plain. 8. Existing drainage ways or improvements: The property has no history of flooding and there are no drainage improvements on the site. 7 9. Air/noise/water quality: The air quality is excellent as there are no industrial uses in the area and the normally occurring winds prevent the emissions from the active volcano from affecting the quality of air on the subject parcel. The area is a rural agricultural area as such there is little noise pollution. The water to the site is provided by the Department of Water Supply (DWS) and meets all EPA guidelines. Currently,there are two DWS water meters on the site in relation to the planned subdivision and residential uses on the property. Historic Resources: . r 10. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area at the 2,700 foot elevation within the boundaries of a pre-contact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch,the developers of the Kaloko Mauka Subdivision. Additionally, the National Park Service published a report in 1991 entitled"An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa,North Kona. This study also identified remains of an agricultural field system primarly in the lower elevations but also up to the 3,500 foot elevation at certain locations. There is no record of historic sites on this property in either the National or State Register. Based on discussions with archaeologists who have conducted studies in the area and the results of surveys done in the subdivision, sites discovered were located in the lower reaches of the subdivision and there are thought to be no features present in the project area. Accordingly, a letter has been sent to the State Historic Preservation Division requesting a letter of"no-effect"be issued for the subject property. A copy of the letter of"no-effect"request is found in Appendix B of this Report. Natural Resources: 11. Existing floral/faunal resources: The property is heavily forested with a relatively, closed-canopy `ohi'a(Metrosideros Polymorpha) and a dense understory of hapu'u(Cibotium Glaucum) ferns and several other native tree species and shrubs. There is also an abundance of ie'ie(Freycinetia arborea) found both on the ground and climbing on the `ohi'a trees. Other native under story species include ho'awa(Pittosporusm spp.), ma'maki (Pipturus Alabidus), 8 pi'lo (Coprosman spp.), ka'wau(Ilex anomala), kana'wao (Broussaisia Arguta),ko'lea (Mysrine spp.), o'lomea(Perrottetia Sandwicensis),mai'le(Alyxia Olivaeformis) and ala'ala'wainui (Pepperomia spp.). Plant community type is healthy native forest with a few potentially threatening alien plant species,most notably banana poka(Passiflora Mollisima) , common guava(Psidium guajava, and lemi wai (P. Ligularis) commonly found in the interior and invasive grasses and desmodium(tick trefoil) found along the roadside. Additionally, Kolomana(Senna gaudichaudii), an escaped landscaping shrub, also seems to be establishing in small clearings or breaks in vegetation. Wildlife observed on the property consists of feral cat, feral pig,mongoose, turkey and other common introduced birds, including mynah and Chinese thrush., Chinese pheasants, and other forest birds. Common native Hawaiian birds inhabiting the subject parcel include the amakihi (Loxops v. virens), apapane (Himatione sanguinea) and `elepaio(Chasiempis sandwichensis). The federally endangered Hawaiian Hawk(Bueo solitarius) inhabits the general Kaloko mauka area. The federally endangered Hawaiian Crow(Corvus tropicus)disappeared from the area and other parts of Hualalai in the 1970-80s, although the area remains `potential' crow habitat with respect to future species recovery efforts. The Hawaiian Forest Bird Recovery Plan(1983) identified the upper slopes of Hualalai (above the 3000 ft elevation contour which bisects the subjects parcel as `essential habitat' for the endangered `ake'a(Loxops coccineus) and Hawaiian creeper(Loxops maculatus mana). The recovery plan for these species noted, however,that the continued planting of native trees such as koa and others in the Hualalai forest would generally benefit forest quality and the survival prospects for these endangered forest bird species. As noted,the Applicant proposes certain conditions of zoning approval aimed at the protection of the native forest resources within the property, including the implementation of a Forest Management Plan prepared in accordance with the guidelines of Council Resolution 58-97 and aimed at the long-term maintenance and preservation of the native forest and forest ecosystem of the area. A copy of the proposed Forest Management Plan for the property is found in Appendix C of this application. 9 12. Cultural Resources: The property does not contain any springs,land features, or caves that might be of cultural importance and there is no history of traditional gathering associated with the property, nor would the proposed action affect the exercise of traditional or customary Native Hawaiian right in the property area. As such,no valued cultural resources, or traditional or customary practices would be affected by the proposed action. 13. Scenic or coastal resources: The property is located 7 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. Social-Economic Characteristics: 14. Social settlement pattern for the area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii,which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. At any given time,up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa area at the time of the 2000 Census was as follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 15. Economic resources of the area: Aside from a few nurseries and small-scale agricultural endeavors,pasture uses by various ranches and clearing for residences within the subdivision, much of the land in the area in the subdivision is left undisturbed and is covered with native forest. In the area of the property,The Mountain Thunder Coffee Company, which grows and sells Kona coffee and offer tours of their farm, is located nearby at the end of Hao Street. Also near the end and on the mauka side of Hao Street is a property that has been largely cleared and used for ranching. The remaining properties remain largely undisturbed other than the clearing for residential driveways and home sites. 16. Land values: According to prominent realtors in the area,the land values in this subdivision 10 had historically remained relatively stable, and though values fell proportionately with the recent economic downturn, they are now regaining value with the market strengthening and retain a premium when compared to properties of similar size in the region. Surrounding lands: 17. Land use: The properties immediately surrounding the subject parcel within the Kaloko Mauka Subdivision are low-density residential lots with minimal clearing of the natural forest. There are some small pasture and nursery areas within the subdivision. The State lands of Makaula- Ooma,which are native forest lands, abut Kaloko Mauka to the north from the approximately 2100 to 3500 feet elevation. Mauka of the State lands, he Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from 3500 to 5400 feet elevation. These lands are currently being grazed by Hualalai Ranch. The Palani Ranch lands of Honokohau abut Kaloko Mauka on the entire southern boundary. These lands have been historically grazed,however a 80-acre parcel is presently being used for forest products. The Kaupulehu Forest Reserve abuts the Kaloko Mauka Subdivison on the eastern or mauka boundary. 18. Zoning of Surrounding Properties: As shown in the Zoning Map in Figure 4,the properties in the immediate vicinity of the subject parcel are zoned A-10a to the north,A-5a to the south,A- 7a to the east or mauka, and A-20a in the area immediately west or makai of the property. Prior zoning approvals have established a general pattern within the Kaloko Mauka Subdivision of generally A-3a in the lower portions,below the 2,600-foot elevation; A-5 zoning in the band generally between the 2,600 and 2,900 foot elevation; and A-10 and A-20 in the upper elevations, above the 3,000-foot elevation. In that the subject property is located the general area where prior zoning approvals have established a pattern of A-5a and A-10a zoning and is adjacent to other A-7a zoned properties, the proposed A-7a zoning designation is consistent with the pattern of prior zoning approvals in the surrounding area. 11 _------- _.,.,•-'''' Lorant Property TMK:(3) 7-3-026: 003 ,„,--"-/- up,a 1111FA-5appo, IIII Aa 11%kiiir 1011, . 110111111r A-5a 11111,, VII& ikle t lik. II 111141170, 11,470,1&, AVA111111" lekk i 11F+671F411"-alk704,4410:4116 , **T116.4k1:11111110444 1:1111‘.'1''''r4j. OPAL_,;.411111100. lei.* volli — an+111144114 Y1161511 11101411.161&#ALL%-f011igs 111; ‘1141410Wirill1/01011 T Iiiiik**44.*** Vilpiligrielliai Aii,,.- FA-3a 11110-40,440/ft,g, , I 1S)6,. I i tipiii iNvil 171ifildilkiFilijillbit:IP:11114111411hVAIL imilaTTMIIIIW.11 11111.411 I MEI IIII iP:Vit.,irilail, .11 ,..._ 1.9 aim air Aran oreribitiemookinowi. 41 Ii/ -- 111,1111Atk 4 rimeltifai iiii4L,Nvitirw, , ,--oat 7 171)11111,674Agnii77.177"ffitielill,44011 si 1111 111 • if i 1111 HP' inn i 1 4# 7 , Air iii i jr 4/ 444 - 4,..... Figure 2, County Zoning Map Jean A. Lorant Trust Change of Zone Application ((, /- D. PUBLIC FACILITIES AND SERVICES • 1. Description of access: The access to the subject property is from Kaloko Drive and Halemau Street,22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway approximately 3 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 2. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines,pump stations, and seven reservoirs which extend to the 5,106 foot elevation. The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. Currently,there are two DWS meters servicing the two CPR units within the property and no additional meters are anticipated for the proposed 2-lot subdivision of the parcel. No water is contemplated for landscape or agricultural uses as the annual rainfall is adequate for these purposes. 3. Sewage disposal: The applicants propose to use individual wastewater treatment systems meeting with the approval of the Department of Health(DOH) for all newly created lots. 4. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service. The applicants intend to use this existing transfer station for both lots. S. Police and fire protection: The Project area is served by police and fire stations located approximately 5 miles to the southwest of the site in Kailua and Kealakehe. More recently,the new Makalei fire station was built in the Kalaoa area off Mamalohoa Highway, about 3.5 miles from the site. This is a fully staffed station with a six person staff and with fire emergency medical response capability. All roadways are paved, with adequate width and accessibility for emergency service vehicles. 12 6. Schools: The project site is located about four miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 7. Parks: There is a County Parks and Recreation gym and park facility at the Old Airport Park in Kailua approximately 6 miles from the subject parcel. 8. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive and Hao Street that presently serves the subdivision and these services are available at the subject property as well,providing both power and telephone service to the existing residence. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel, as is,with the current CPR in place. This would not allow the owners to fully implement the objectives of the trust in terms of the transfer of property to the,family members. Also, it would not increase the real property tax base as the proposed action would. Additionally, it would not provide protection to the native forest and watershed resources, or provide for the contribution to local infrastructure needs afforded by the conditions cited above. 2. Environmental effects which cannot be avoided should the proposed action be implemented: The proposed action would not result in any environmental effects which would not occur otherwise, or which could be avoided through the implementation of the proposed mitigation measures which would be implemented in the form of conditions of approval with the requested change of zone action. 3. Mitigation measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All structures and infrastructure improvements constructed will comply with all federal, state and county requirements. The 13 applicants propose that the conditions applied to other re-zonings in this subdivision and recommended in Council Resolution No. 58-97 pertaining to rezonings in the Kaloko Mauka Subdivision be applied in this case as well. These include; a. A 100-foot"forest reserve easement" for buffer purposes along the existing roadway frontage. b. A 100--foot structural set-back along the existing roadway frontage. c. A 30-foot"forest reserve easement" along all lot lines not covered by the 100-foot buffer.. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. f. A forest management plan for the proposed lots within the property shall be prepared and submitted and approved by the Planning Director. g. The existing CPR shall be dissolved upon final subdivision approval and no new CPRs shall be established. h. A"fair share" contribution to mitigate any potential impacts will be paid. A copy of Council Resolution 58-97 is enclosed in Appendix D of this report, for reference. 4. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: In terms of the relationship between short-term use of man's environment and the maintenance and enhancement of long-term productivity, no short-term exploitation of resources that would entail negative long-term consequences has been identified for the proposed action. 5. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of two rural-residential units would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There are presently no such restrictions on the development of the property. 14 F. ANALYSIS OF THE PROPOSED ACTION Given the conformance with all established State and County goals,policies and plans;the physical characteristics of the site and surrounding area; the present zoning and uses of the surrounding area; the minimal impact on public facilities and services; the minimal impact on the environment; as well as the potential benefits that would result from the proposed rezoning in terms of the proposed protections to and management of the native forest and watershed resources in the area,the proposed rezoning of the property is deemed to have a generally positive impact to the natural and social environment of the area. 15 Jean A. Lorant Trust Change of Zone Application • APPENDICES A. Change of Zone Map and Metes and Bounds Description B. Letter to SHPD Requesting a Letter of "No- Effect" C. Proposed Forest Management Plan for the Jean A. Lorant Trust Property D. Council Resolution No. 58-97 E. List of Surrounding Property Owners [Page Intentionally Left Blank] Jean A. Lorant Trust Change of Zone Application APPENDIX A Change of Zone Map and Metes and Bounds Description [Page Intentionally Left Blank] ., , '- - 1 i 0 o z co , , ., .. ' 2. '' N c) (0 c 0 :e,5 ,_.,.• - 14.1 Lyj 2.--oN ej._,9, (I) •1 -"i' 47 C (/) ( C)-9-c-,•-• 0 •-:, "0,,_..-t -''. EL c-CII- . 4O 0 CtO Z 09Z -,..., o 2 646- ° -zc rn Li '`(5 • -8 Q.1--• '(-54- , Q 4.-e-i-,,_, -.. o , 2 I— . c:7q,--,..- ,o..)z 0 •--.N Ct 0 c° C 0 '..:,':'.,•':4 ••••.I I .. C 0 cn - ••••..1 0 :7;„--------- , ._ , „---• ...-- 6 . :.' . . () -- 10` •-,•- 0C' ,z\G ... .... 0 6O i 0 ' , ..,'. 0 . : I - 0 ;... . . z- 07 I -11;,-. t ,,,,'' '. t. 'Si•:'.. •.; 'i ,. :.•!' l< 7. •,..'' '.. ••,..,..;. ' 1 • ; '.."."..! ' 1 .-- , I 1 •I'''' if. . (. [Page Intentionally Left Blank] #11377.3 LOT 3 BLOCK 6 KALOKO MAUKA SUBDIVISION , INCR 2 LOT 3 BLOCK 6 KALOKO MALfKA SUBDIVISION, INCREMENT 2 (FILE PLAN 1010) Land situated on the Westerly side of Hao Street at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 3, Block 6, Kaloko Mauka Subdivision, Increment 2 (File Plan 1010); and Being a portion of: Royal Patent 8214, Land Commission Award 7715,Apana 11 to Lota Kamehameha. Beginning at a 1/2 inch pipe in concrete (found) at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 1-B of Block 6 of Kaloko Mauka Subdivision, Increment 2 and being a point on the Westerly side of Hao Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"MOANUTAHEA"being 12,326.15 feet South and 2,263.18 feet East and running by azimuths measured clockwise from True South: 1. 315° 00' 1,137.51 feet along the Westerly side of Hao Street to a 1/2 inch pipe in concrete (found); Thence,for the next three(3)courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 2. 71° 45' 1,160.64 feet along Lot 6-A and Lot 5-A-1-B of Kaloko Mauka Subdivision, Increment 3 to a point; 3. 161° 45' 1,015.77 feet along Lot 2 of Block 6 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; #11377.3 Page 1 of 2 WES THOMAS ASSOCIATES -Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #11377.3 LOT 3 BLOCK 6 KALOKO MAUKA SUBDIVISION , INCR 2 4. 251° 45' 648.65 feet along Lot 1-B of Block 6 of Kaloko Mauka Subdivision, Increment 2 to the point of beginning and containing an area of • 21.095 Acres. n �ial �. Y,4WES THOMAS ASSOCIATES 1Q � 'U -. * * Chrystal Thomas a'amasaki q Licensed Professional Land Surveyor 47,411,vc,P State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-3-026: 003 (3rd Division) January 28, 2015 #11377.3 Page 2 of 2 WES THOMAS ASSOCIATES -Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Jean A. Lorant Trust Change of Zone Application APPENDIX B Letter to State Historic Preservation Division Requesting a Letter of "No-Effect" [Page Intentionally Left Blank] J M LEONARD PLANNING, LLC J _ 1100 Ainalako Road•Hilo,HI 96720 •Tel(808) 896-3459 •E-mail:jmleonard@mac.com March 11, 2015 Ms. Theresa Donham, Archaeology Branch Chief State Historic Preservation Division 601 Kamokila Blvd., Room 555 Kapolei, Hawaii 96707 SUBJECT: REQUEST FOR A LETTER OF "NO-EFFECT" JEAN A. LORANT TRUST PROPERTY, TMK: (3) 7-3-026: 003 KALOKO MAUKA SUBDIVISION KALOKO,NORTH KONA, HAWAII Dear Ms. Donham; I am processing a change of zone request for the subject property located within the Kaloko Mauka • subdivision on the Island of Hawaii and am required as part of the application requirements to either obtain a letter of"no-effect" letter from your Division or prepare an inventory survey for the property. There have been numerous change of zone applications for properties within this subdivision that have been processed without inventory survey, especially in the area of the proposed rezoning and,previously, your Division has issued"no-effect" letters for these prior change of zone actions. I understand from a review of the project files and from talking to archaeologists, that there have been surveys done in this subdivision and that the sites discovered were found in the lower reaches of the subdivision. Given the elevation of the subject property, above the 2,800-foot elevation, it has been previously thought that there would be no features present. This is to request a letter from your office either finding there would be "no-effect"or guidance on the type of archaeological work that would be required for you to make that determination. Please let me know if you require any additional information or have any questions regarding the proposed rezoning action. I appreciate assistance in this regard Sincerely, • z/ James M. Leonard, AICP JM Leonard Planning, LLC CC: Mr. Duane Kanuha, Planning Director. J M Leonard Planning, LLC 1100 Ainalako Road Hilo Hawaii 96720 [Page Intentionally Left Blank] Jean A. Lorant Trust Change of Zone Application APPENDIX C Proposed Forest Management Plan for the Jean A. Lorant Trust Property [Page Intentionally Left Blank] FOREST MANAGEMENT PLAN FOR: John A. Lorant St Helen I. Lorant TMK 7-3-26:3 Kaloko, North Kona, Island of Hawaii Prepared by: Norman Bezona, Professor emeritus, UHCTAHR INTRODUCTION A. Purpose This Forest Management Plan is prepared in support of a change of zone application for the subject property as a proposed management strategy aimed at the long-term protection of the native forest resources of the area; the preparation and implementation of which is recommended as a condition of zoning approval within Council Resolution No. 58-97 Related to Zonings for Parcels in the Kaloko Mauka Subdivision. (A copy is attached for reference) B. General Description of Property This 21.095 acre parcel identified as TMK: 7-3-26:3 is located approximately 2.2 miles (straight lines)above the Kaloko Drive intersection with Mamalahoa Highway, or about 3.5 road miles mauka from the highway. Figure 1 is a copy of the Kaloko Mauka Subdivision showing the location of the parcel. The property is roughly rectangular, with the northeast (upper) boundary abutting Hao Street at approximately 2950foot elevation. Overall slope averages around 20% from a southwest perspective. Approximately 2/3's of the parcel on the north side is situated upon a finger of the relatively younger Kaupulehu lava flow with shallow, rocky a'a soil. The remaining area falls with an older flow with a moderately developed soil layer on an a'a base. The parcel is fully forested requiring no reforestation. C. Description of Forest Vegetation The subject property is extensive tall-stature, more or less closed-canopy 'ohi'a (MetrosiderosPo/ymorpha) forest with a well developed sub-canopy of hapu'u (Cibotium 1 Glaucum)tree ferns and many other native tree species and shrubs. The hapu'u form a dense tree fern canopy throughout the parcel. There is also an abundance of ie'ie (Freycinetia arbores) both on the ground and climbing on the 'ohi'a trees. Other native under story species in more noticeable quantities include ho'awa (Pittosporusm spp.), ma'maki (Pipturus A/abidus), pilo (Coprosman spp.), ka'wau (Ilex anoma/a), kana'wao (Broussaisia Arguta), ko'lea (Mysrine spp.), olomea (Perrottetia Sandwicensis), mai'le (A/yxia Olivaeformis)and ala'ala'wainui (Pepperomia spp.). Plant community type is healthy native forest with a few alien plant species, most notably banana poka (Passiflora Mollisima)and lemi wai (P. Ligu/anis). The health of the still extensive native forest is threatened by a few species of aggressive alien plants, most notably along the roadside where invasive grasses and desmodium are prevalent. In the interior a few alien plants are conspicuous and few more presently play a small role in the vegetation. Common guava and waiawi are present in a few mature trees and a few seedlings, especially of waiawi. Kolomana, an escaped landscaping shrub, also seems to be establishing in any small clearing or break in vegetation. Alien weeds are growing where pigs have caused damage to the understory. The 'ohi'a trees reach a height of up to 80ft with largest being 3ft in diameter. Tree ferns and native trees dominate the understory; kopilo, hame, pilo, kawa'u, manono and olomea are common. D. Description of the Kaloko Mauka Subdivision The 80 lot Kaloko Mauka Subdivision was developed in the mid 1970's within the state LUC agricultural district. Current county zoning is Ag-20 (minimum lost size 20 acres) with lots in the lower third of the subdivision further divided into lots of three and five acres. Although some of the subdivision lots have been extensively cleared for agricultural use (grazing, flowers, orchards, etc.) most of the subdivision lots continue to remain in high quality native forest. The climate of this upland area is mild, as trade winds are absent in the Kona district. Annual rainfall is approximately 40-80 inches and exhibits the distinctive summer maximum characteristic of this region. During the past 20 years average rainfall has declined due to volcanic activity, forest removal and possibly some effects of global warming. The subject property is accessed by county dedicated public roads. In much of the subdivision negative human impact is limited to the low percentage of each land parcel that has been cleared for roads and house pads, except below 2500 feet where developers have cleared much of the native forest. The Kaloko Mauka Subdivision is still mostly vegetated with mature native forest with only slight problems from alien plants and animals. The native flora is quite diverse and 2 the vegetation structure is intact, in that all layers are dominated by native plants. The area is included in the range of plants proposed for endangered status by the US Fish and Wildlife Service, including two species of Cyanea and is in or near essential habitat for several endangered forest birds. This parcel and other neighboring parcels proposed for forest conservation stewardship can serve as a link (forested "stepping stones") between state-owned lands and bird habitats in the nearby Makaula-O'oma Mauka Tract (to the north) and Honuaulu Tract and Forest Reserve (to the south). This high quality native forest is worthy of conservation and management. Removal of alien weedy plants from a parcel of this size and prevention of future infestations is quite feasible because the density of alien plants is low and road access aids logistics. The appearance of crown dieback in many 'ohi'a trees indicates that the 'ohi'a in the canopy may lose their leaves and die in the next ten to twenty years. Observations from other parts of the island show that this is a normal process for aging 'ohi'a trees ('ohi'a decline or 'ohi'a dieback) and regeneration of young 'ohi'a will probably follow the dieback. However, until a new canopy is established, the increased light regime in the understory and forest floor can promote growth of alien plants. Replanting native species ensures that birds will continue to have suitable habitat as parts of the forest enter the dieback phase. 1. Soils The Soil Conservation Service maps (1973)of the subject area indicate that a uniform soil type (l(iloa), extremely stony muck uniformly covers the entire mid elevation area of Kaloko Mauka. This soil is characterized as thin and organic (histosol) on 6-20% slopes covering prehistoric a'a lava, cinder and ash from Hualalai eruptions. The soil is extremely permeable with slight erosion hazard and is generally rated as poor for agriculture and is best suited for pasture or woodland use. Because of the different ages of prehistoric and historic Hualalai volcanic eruptions actual soil conditions on the ground are somewhat more heterogeneous than the generalized soil maps indicate. 2. Water Resources Due to the extreme surface porosity of the youthful volcanic substrates there are no stream channels or surface water bodies in the subject area. Maintenance of the existing forest cover (as compared to the surface rock/soil compaction that would necessarily accompany land clearing for agricultural or other uses) will maintain surface porosity which enhances groundwater recharge and reduces surface runoff and potential down slope flooding (a significant problem in Makai areas of Kona). 3 Aside from rainfall, mountain fog and mist are also significant moisture sources in the subject area and fog drip from forest canopies further enhance ground water recharge for the important North Kona aquifer. Public watershed benefits will be maintained by continued dedication of the subject area to forest cover protection. Public watershed preservation has been identified by the County of Hawaii as having such a valuable public benefit for this and future generations that favorable tax incentives have been offered to keep land in forestry. This is a best forest use of this land. E. Management Objectives/Considerations The County of Hawaii Council Resolution No 58-97, provides recommendations for what is to be included in a forest management plan affecting the proposed lots within the property, including: 1. The plan, at minimum, include the best forest and reforestation practices, a program for implementation,and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Management Program; 2. The management program shall be recorded with the Hawaii Bureau of Conveyances and/or Land Court as a restrictive covenant for the proposed lots within the property. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the "Best management Plan or the recording of the restrictive covenants, the reforestation program for any cleared or grubbed areas in excess of 20% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. 4. The Forest Management Plan shall govern the proposed lots within the subject property for a period of fifty (50)years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requirement County Council approval of the ordinance. The Resolution further provides that no less that 80 percent of the entire lot areas shall be retained in forest. F. Timetable for Action Banana poka (Passiflora Mollisiman) and lemi wai (P. Ligu/aris)will be managed to reduce the negative impact on the trees. There is some indication that native honeycreepers feed on the nectar of the flowers of these species. The timetable for active 4 - f management of the Orange Poka, both on the roadside and within the property will occur at a minimum of every three months with continuous informal work performed as it is observed between these periods. This will be implemented by tool and hand removal of the invasive and use of herbicides. This is a continuation of active current management. The health of the still extensive native forest is threatened by a few species of aggressive alien plants, most notably along the roadside where invasive grasses and Desmodium are prevalent. In the interior a few alien plants are conspicuous and a few more presently play a small role in the vegetation. Common Guava and the waiawi are present as a few mature trees and a few seedlings, especially of waiawi. Kolomana, an escaped landscaping shrub also seems to be establishing in any small clearing or break in the vegetation. Numerous alien weeds are growing where pigs have caused damage to the understory. Most of these species probably pose no threat to the forest but the grasses will be removed and native plants such as koa, mamake, kopiko, hapu'u, etc. can be planted to shade out the weedy grasses. The timetable for active management of these alien plants and weeds on the roadside and within the property will occur at a minimum every three months, with continuous informal work performed as it is observed between these periods. This will be implemented by tool and hand removal of the invasive and use of herbicides. Additionally, native replanting and transplanting will occur at a minimum of every three months. This is a continuation of active current management. A timetable of every three months for the active management of the property will focus especially on the most susceptible area of the roadside frontage where invasive plants have been seen as the parcel is pristine forest with the bulk having never been touched by humans. When a house site and driveway are in place these will be managed every three months. The interior of the parcel will also be searched for invasive plants on a semi-annual basis. 1. The land owner will commit the bulk of this property to the maintenance and enhancement of the existing native forest ecosystem through the adopting of forest management practices recommended in this proposal and by the assigned Soil Conservationist of the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture. The landowners agree to permit the NRCS to conduct on annual on-site visit to the parcel (s) subject to the officially approved Forest Management Plan. The purpose of the NRCS site visits is to prepare an annual compliance and progress report on the implementation of the forest management plan to the subject property. The site visits are to be made at mutually convenient date and time. 5 G. 50-Year Time Period As per Council Resolution No. 58-97, this Forest Management Plan shall govern the • proposed lots within the subject properly for a period offifty (50)years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. Substantial Implementation As per Council Resolution No. 58-97, if more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the Forest Management Plan or the recording of the restrictive covenants(s), the reforestation program for any cleared or grubbed area(s) in excess of the 20% within the subject properly shall be substantially implemented prior to the issuance of the Final Subdivision Approval. The subject properly is a fully forested lot requiring no reforestation. At the time of site selection, the area to be cleared shall be based on a least impact approach on the forest. Once the area to be cleared has been delineated a survey of the animal life in this area shall be done to have the least impact (Per recommendations of the NRCS Kealakekua Office). MANAGEMENT PLAN A. Forest Protection Since an intact native 'ohi'a forest already exists upon the subject's forest management area and the owners' objective is to perpetuate the native forest cover discussions and management recommendations shall focus on forest protection and enhancement needs and methods. Protection considerations for the subject property include fire, insect and disease, animal and weed problems. 1. Fire Fire hazard is determined to be low due to the absence of accumulated light and medium fuel such as dead grasses and brush. Maintenance of the roadside areas to alleviate potential build up of grasses is recommended. Debris and trash burning should be avoided within the property during dry periods. 6 2. Insects and Diseases No evidence of insect or disease problems was observed. Vigilance should be maintained for signs of potential problems such as defoliation, dying of portions or entire tree crowns, boring activities on trunks and limbs (holes and/or accumulation of wood dust) and the yellowing of leaves indicating loss or vigor. Should any such indicators be observed the service forester of the State Division of Forestry and Wildlife or the Soil Conservationist of the Natural Resources Conservation Service can be contacted with a request for inspection and recommended action. 3. Animals Common native Hawaiian birds inhabiting thew subject parcel include the amakihi (Loxops v. wrens), apapane (Himatione sanguinea) and 'elepaio (Chasiempis sandwichensis). The federally endangered Hawaiian Hawk (Bueo solitarius) inhabits the general Kaloko mauka area. The federally endangered Hawaiian Crow (Corvus tropicus) disappeared from the area and other parts of Hualalai in the 1970-80s, although the area remains 'potential' crow habitat with respect to future species recovery efforts. The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of Hualalai (above the 3000 ft elevation contour, which extends across the upper portion of the subject parcel)as 'essential habitat' for the endangered 'ake'a (Loxops coccineus) and Hawaiian creeper (Loxops maculatus mana). The recovery plan for these species noted however that the continued planting of native trees such as koa and others in the Hualalai forest would generally benefit forest quality and the survival prospects for these endangered forest bird species. The federally endangered Hawaiian hoary bat (Lasiurus cinereus semotus) is widely distributed on the island of Hawaii and has been frequently observed in the Kaloko mauka area where it can be assumed to be a resident species. The native forests of the Kaloko mauka area also contain a diverse native invertebrate fauna as is typically found in association remaining upland native forest areas of Hawaii. Alien animals in the Kaloko mauka area include a variety of introduced birds including mynah, chinese thrush, pheasants and others. Alien mammals include feral pig, feral cat, mongoose and both brown and black rats. Some of these represent significant threats to the native ecosystem integrity of the area. Feral pigs and other alien mammals will be managed by live traps, snares and hunting as indicated by the pig damage to the understory. This is a continuation of active current management. 4. Weeds To promote forest health alien weeds will be controlled to protect the plantings on • the parcel and to prevent spread to neighboring parcels. A high degree of control can be achieved by cutting and/or pulling up the roots of weed species. Achieving a complete kill of waiawi or other large trees that cannot be uprooted might require the application of an herbicide such as Round-Up'to the cut trunks. Applying 'Round- Up'to both ends of the passion fruit vines has been used to kill the root and to keep the shoot from re-rooting with adventitious roots. Grass removal can occur by hand hoeing or an appropriate application of herbicide. Keep roadside clear of invasive alien plants. Roadsides are well known avenues for the introduction of alien plants that then spread into the surrounding vegetation. The subdivision streets are paved with regularly mowed (County Department of Public Works) grassy shoulders. Although the mowing can prevent establishment of noxious weeds there is often a rough transition zone (10-20 ft wide) between the shoulder and the forest on the parcel. Currently this strip of variable width is invaded with rank growth of grass and Desmodium (tick trefoil or hitchhikers). Fountain grass (Pennisetum setaceum) is also becoming established on the roadside and can present a fire hazard in the future. Native plants will be planted where possible to being the forest edge as near the roadside as possible. Recommended plants are those that are abundant on the property including: 'oh i'a (Me trosideros polymorpha) 'ama'u tree fern (Sadleria cyatheoides) mamki (Pipturus albidus) Small individuals of these plants can be transplanted to fill in gaps between the road shoulder and the forest. Care will be taken not to plant tall growing trees beneath power lines. Non native species can be used if they are not known to be invasive. These include tree fuchsia, hydrangea and others. This native forest stand will continue to thrive vigorously for many years if steps are taken now to reduce and prevent further infestations of a few noxious alien plants. The diversity, distribution and size class structure of native trees, shrubs and ferns indicates a healthy community. It is normal for a closed-canopy mature 'ohi'a forest to lack saplings or pole size 'ohi'a trees. 8 Canopy dieback followed by a wave of regeneration is the normal rejuvenation process of Hawaiian rainforests. Aggressive removal of weed species and planting of desirable plants will ensure continued forest health. Native plants will be planted where possible to bring the forest edge as near the roadside as possible. As an intact native 'ohi'a forest already exists upon the subject property the owner(s) objective is to perpetuate the native forest cover and focus on forest protection and enhancement. B. Forest Reserve Easement As stated in Council Resolution No. 58-97, a 100-foot wide forest reserve easement along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works. A 30-foot forest reserve easement along all lot lines not covered by the 100-foot easement and a 100-foot wide structural setback in lieu of the required 30-foot setback along the property's public street frontage to provide an additional buffer. OTHER CONSIDERATIONS A. Best Management Practices The management goal for the property is to enhance and maintain an existing native forest; significant disruptive activities are not anticipated. The best management practice guidelines published by the State of Hawaii Division of Forestry and Wildlife should be followed where applicable. Examples of activities where it would apply include chemical applications during weed control and driveway alignment and design. B. Sources of Information and Assistance As mentioned earlier the Service Forester and Soil Conservationist are available for information and assistance on forest management matters. The Plant Pest Control Branch of the State Department of Agriculture is knowledgeable regarding herbicides suitable to various weed species and proper application methods. Additionally, the management plan consultant, Norman Bezona (neighbor)will continue to provide technical assistance during the management plan implementation. 9 • SUMMARY This forest management plan involves approximately 21 acres of existing forest to maximize native ecosystem values and protect our Hualalai forest watershed. It is hoped that most upland property owners will embrace this stewardship approach made available through county, federal and state incentives. Presently, grazed forest lands to the north and south of Kaloko Mauka continue to deteriorate, thus decreasing rainfall and water recharge into the West Hawaii aquifer. The ideal scenario is to involve Palani, Hualalai and Huehue ranches in reforestation efforts as grazing animals is no longer a profitable or environmentally sound activity on these thousands of acres of damaged forest lands. It is the objective of this Forest Management Plan to perpetuate this property intact native 'ohi'a forest and to focus on its' protection and enhancement. The landowner is dedicated to maintaining this forest preservation plan and committed to replanting native plants on the property wherever possible, i.e., Koa. I certify that the dedicated area meets the 80% minimum native forest species cover criteria and that this forest management plan is sound and the management practices described above shall assist in maintaining and/or improve the native forest area that is being dedicated. ''/ter►, , ,. // _.✓� 109 No man Bezona Professor Emeritus, UHCTAHR 10 Jean A. Lorant Trust Change of Zone Application APPENDIX D Council Resolution No. 58-97 [Page Intentionally Left Blank] COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 58 97 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDIVISION WHEREAS,the Council adopted Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS,shortly after the adoption of Resolution No. 330-96,the Council approved two change of zone requests for A-10a lots above the 3,000-foot elevation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96;and WHEREAS,the Council recognizes that a low density use pattern for the mauka, watershed lands of the island of Hawaii,in particular the Kona region, should be protected and maintained for environmental reasons;and WHEREAS,the Council finds that a maximum density of two dwellings per tweny acres for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area,will protect the watershed and native forest and maintain a low density pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. A 100-foot wide "forest reserve easement" along the existing 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 100- foot easement; and 3. A 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's a lic street frontage to provide an additional buffer. EXHIBIT • B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition_. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition._, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the construction of a second dwelling unit on and any further subdivision of each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. D. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources, the State Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Management Program. 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of final subdivision approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of final subdivision approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of tt,e 'orest management plan or the recording of the restrictive covenant(s), the refc:estation program for any cleared or grubbed • 9 area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. 4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the aforementioned conditions with such recommendation provided that the other goals,policies,and standards of the General Plan are met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K.Yamashiro,Mayor;Kevin Balog,Planning Commission Chairman; and Virginia Goldstein,Planning Director. Dated: Hilo, Hawaii,this 2nd day of June , 1997. INTRODUCED AtrAdri .idaC f // g -IL I MBER, COUNTY OF HAWAII BILT/CES COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo,Hawaii ARAKAKI X cHUNG • X I hereby certify that the foregoing RESOLUTION was by the LErI BEAD-TODD X vote indicated to the right hereof adopted by the COUNCIL of the RAy X County of Hawaii on June 2, 1997 • REYNOLDS X SANTANGEL O XATTEST: sMrru X TYLER X q. Y.\GUNG X 110/ 8 0 1 0 Reference C-219.04/PC-53 COUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 58 97 (DRAFT 3) [Page Intentionally Left Blank] Jackson, Maija `^ From: James Leonard <jmleonard@mac.com> Sent: Monday,July 06, 2015 10:09 AM `"i I.6 To: Jackson, Maija Cc: Arai, Daryn; Darrow,Jeff Subject: Re: Lorant Rezone in Kaloko Mauka -Archaeological Field Inspection Report. Attachments: Lorant Field Inspection report 3-7-3-026-003.pdf;ATTO0001.htm; Lorant-DPW.pdf; ATTO0002.htm; Lorant-DWS.pdf;ATTO0003.htm; Lorant-Police.pdf;ATTOOOO4.htm; Lorant-SHPD.pdf;ATTOOOO5.htm Maija- Attached for your reference is the archaeological field inspection report for the Lorant property which was prepared by ASM Affiliates(Bob Rechtman) and has been submitted to Mike Vitousek per his request. Following a thorough inspection of the property,no archaeological features were found and the study concludes that there is a very low likelihood of encountering subsurface deposits given the geomorphic characteristics of the property. Given these findings the study concludes that any development of the property will have no effect on the historic properties and recommends no further historic preservation work be required prior to permitting actions. Please let me know if you have any questions on the attached or if you require anything further related to this work. Mahalo -James SCANNED JUl_ 0 7 2015 h Planning Dept. Exhibit 2 — 1 ivir, 6-ip A _ affiliatesdtt St s _-_! _al t ._ --. . ,; ,::.: 7 Archaeology•History•Ethnography•Architectural History June 30,2015 Michael Vitousek,M.A. Hawai`i Island Archaeologist DLNR-SHPD Email: michael.vitousek@hawaii.gov Subject: Archaeological Field Inspection of TMK: (3)7-3-026:003,Kaloko Ahupua`a North Kona,Island of Hawai`i in Response to SHPD Comment Letter on Change of Zone Application Dear Mike: In response to your review(DOC NO.: 1505MV04)of a change of zone,ASM Affiliates(ASM)conducted an archaeological field inspection of TMK: (3) 7-3-026:003 in Kaloko Ahupua'a North Kona, Island of Hawai`i (Figures 1 and 2). The purpose of this inspection was to determine if undocumented historic properties exist in the parcel.Your review noted that the parcel is located within the geographic margins of the Kona Field System(SIHP Site 50-10-37-6601) and that"sites associated with the Kona Field System have been documented at relatively high elevations in Kaloko Ahupua'a(Cordy 1991)."Your review also refers to results of an archaeological inventory survey of a select few parcels in the Kaloko Mauka subdivision by Nees and Williams (1995)that indicated the presence of Hawaiian burial sites within lava tubes. Cordy et. al. (1991) reported that the formal agricultural fields in Kaloko Ahupua'a did not extend above the 2,300 foot elevation,and between that elevation and 3,400 feet only scattered agricultural features were identified. Their field study included a reconnaissance survey of a 100-meter by 100-meter sample unit located 160 meters south of the study parcel (at 2,900 feet elevation). Fifty-three short (<5 meters long) rock walls, three small enclosures, a few other features were recorded and interpreted as agricultural features. Overall, Cordy et al. (1991:445) concluded that the "low density of remains, and the nature of remains,strongly suggest that the forest in this area was not extensively cleared,but rather was cut in small patches."That there are very few sites at these higher elevations has been supported by other archaeological studies in the vicinity of the study parcel(Barrera 1998; Puette and Dye 2003;Rechtman 1998;Rechtman and Rivera 2002;Rechtman 2003;and Rosendahl 1989a, 1989b, 1993). Rosendahl conducted field inspections of three roughly 20-acre parcels makai of the current study parcel below the 2,200 foot elevation contour; eight sites were found, four each on two parcels and none on the third. The sites include a small terrace, a modified outcrop, modified lava tube, and rock alignments and mounds. All were interpreted as either of recent origin or agriculturally related, and no further work was conducted at any of these sites. During an archaeological inventory survey of TMK: (3) 7-3-024:011, located west of the current study parcel between 2,100 and 2,400 feet elevation, Puette and Dye (2003) recorded no archaeological sites. Surveys of TMK: (3) 7-3-025:014 (Barrera 1998) and TMK: (3) 7-3- 025:015 (Rechtman 1998)located along Kaloko Drive just east of the second intersection with Ha`o Street between 2,400 and 2,500 feet elevation encountered no archaeological resources. Two archaeological studies on the parcels immediately mauka of the study parcel (i.e., across Ha`o Street) also resulted in no historic properties observed (Rechtman and Rivera 2002; Rechtman 2003). Rechtman (2003) reported encountering a single non-cultural lava tube. s SCANNED 2034 Carte Del Nogal.Carlsbad.California 92011 •(760)804-5757•Fax:(760)804-5755 507 A East Lanikaula St..Hilo.Hawaii 96720•(808)969-6066•Fax:(808)443-0065 9155;12g ;J5;12g www.asrnatfiliates.corn • June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 2 of 8 On June 29, 2015, Benjamin Barna, Ph.D. and J. David Nelson,B.A. conducted a surface field inspection of the subject parcel,(see Figure 1)which is located on the southeastern(makai)side of Ha`o Street(Figure 3) at an elevation ranging between 2,900 and 3,100 feet. The boundaries of the parcel were clearly identifiable in the field by survey pins and a hog-wire fence (Figure 4) surrounding the property on its surveyed boundary.The parcel is bounded by a commercial coffee plantation to the south,an undeveloped parcel to the north, and a relatively undeveloped parcel to the west.The study parcel contains an occupied residence(Figure 5, see Figure 2)with small outbuildings in the southeastern mauka portion of the lot.A short, partially-overgrown bulldozed path (Figure 6) that extends toward the southeastern corner of the parcel from the residence area is most likely associated with construction of the residence in 1990.Modern construction/household debris was observed along this path, including a washing machine, an empty propane tank,concrete blocks, a rolled carpet,plastic roofing material,and PVC pipe. A thorough inspection of the 21.095-acre parcel was accomplished by walking transects that meandered cross-slope while proceeding in a generally mauka/makai direction. The dominant vegetation was hapu`u (Cibotium glaucum) with some scattered `ohi'a (Metrosideros polymorpha), strawberry guava (Psidium cattlelianum), `ie'ie (Freycinetia arborea), ornamental ginger (Zingiberaceae), raspberry (Rubus sp.), smaller ferns, and grasses present (see Figure 3). Ground-surface visibility was fair to good beneath the hapu u canopy(Figure 7)with much of the ground covered by leaf litter.Soil overlying the bedrock on the parcel was thin. The terrain sloped steeply to the west, and the hillside was broken occasionally by small bedrock ledges measuring less than 60 centimeters high and approximately 3-5 meters long.These bedrock ledges were inspected for lava tubes and evidence of construction(e.g.,stacked rocks)that would indicate agricultural terraces, neither of which were observed in the study parcel. No archeological features resembling those described by Cordy et al. (1991), nor any other kind, were observed during the current study. There is a very low likelihood of encountering subsurface deposits given the geomorphic characteristics(i.e.,beneath the thin soil on the steep hillside). Based on our field inspection, it is concluded that any future development of TMK: (3) 7-3-026:003 will have no effect on historic properties and it is recommended that no further historic preservation work be required prior to permitting actions. In the unlikely event that archaeological resources are encountered during development activities,notification of the discovery should be made to the Department of Land and Natural Resources—State Historic Preservation Division. Should you have any questions, or if you would like further information please feel free to contact me directly. Sincerely, Bob Rechtman, Ph.D. Principal Archaeologist June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 3 of 8 References Cited Barrera,W. 1998 Archaeological Reconnaissance Survey of a 20 Acre Property,TMK:7-3-25:14 in Kaloko Ahupuaa,North Kona,Island of Hawaii. Cordy,R.,J.Tainter,R.Renger,and R.Hitchcock 1991 An Ahupua`a Study: The 1971 Archaeological Work at Kaloko_Ahupua'a, North Kona, Hawai`i. U.S.Department of the Interior,National Park Service. WACC Publications in Anthropology No.58. Nees and Williams 1995 Interim Report on the Survey Phase Archaeological Investigations in Five Parcels of the Kaloko Mauka Subdivision,Kaloko Ahupua`a,North Kona District,Hawai`i Island. Prepared for Dennis Haserot. Puette,S. and T. Dye 2003 Archaeological Inventory Survey for Kaloko Mauka Parcel,Hawai`i Island.T.S.Dye& Colleagues,Archaeologists, Inc.Prepared for Mr.Roy E.King,Jr. Rechtman,R., 1998 Archaeological Field Inspection,Kaloko Mauka Parcel (TMK: 3-7-3-25:15),Kaloko Ahupua`a,North Kona District,Island of Hawaii.PHRI Report 1925-120398. Prepared for Mr.Jim Cardin. 2003 Archaeological Assessment Survey of TMK: 3-7-3-26:5 in Kaloko Mauka,Kaloko Ahupua`a,North Kona District,Island of Hawai`i.Rechtman Consulting Report RC-0173. Prepared for Mr.Roger Weiss. Rechtman,R.,and M.Rivera 2002 Archaeological Assessment Survey of TMK:3-7-3-26:4 in Kaloko Mauka,Kaloko Ahupua`a,North Kona District,Island of Hawai`i.Rechtman Consulting Report RC-0122. Prepared for Mr.Geoffrey Newlon. Rosendahl,P. 1989a Kaloko Mauka Parcel #1 Field Inspection,Land of Kaloko,North Kona District,Island of Hawaii(TMK:3-7-3-24:7). PHRI Report 615-060689.Prepared for Sidney Fuke& Associates. 1989b Kaloko Mauka Parcel#2 Field Inspection,Land of Kaloko,North Kona District,Island of Hawaii(TMK:3-7-3-24:8). Prepared for Sidney Fuke&Associates. 1993 Archaeological Field Inspection,Kaloko Mauka Parcel(TMK:3-7-3-24:5),Land of Kaloko,North Kona District,Island of Hawaii.PHRI Letter Report 1358-022293. Prepared for Mr. William Wilton. June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 4 of 8 71i s'TI el If ' .may/ iti. S , F 2cor' = --.--"""--- ---•---,--", -'--,,:* 4 S. ♦ �,,, ‘1,:i � '; '' h r •0 a E e. • .- A.'''' -'y/ '/ 4't• ;r+ P J aJ N ., .w ` , ir�` r FUFyy J Y.x • 4 j r CQ r / - eB '1 ,---%'--- am-= s':":' t • ° ` c R. C j U i .174 �' , _;i 9 < 5 4y ; N : I a` M I4 .� • a t 1 • 41 ' s j s ` `'a 4 4H L • J 0) ' 6 June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 5 of 8 C 1 _ J i U . C-� a ` �. Vit. i , a) N, / 1 7N *4 .• UP CCS al , \ o i a •v En 4. 0 a) °g a) e a) g U N as, H bA Li. June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 6 of 8 .,* v ' r :, ,::‘ tgli If rt . k v .w 4 q Figure 3. Study parcel overview from Ka`o Street,view to the west. — '.Airdilifleit, ;4-; 1. „� y };« 3t« - '. t ' ' 5, ' 4...,,....k,04,,,, , . - j'4 , , I ., , ' -,. ,,," , • r f r S'- t • 3 '/ l''' ,''# i 4 ..° , _14, . .. At... , / , , 00' Figure 4.Makai boundary of the study parcel with hog-wire fence at right,view to the north-northwest. June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 7 of 8 -. s } u t i f i i , 7 10 :%, - - e µ r ,c:" } f . } ,� � �''��S z.• ''",dam' � •e„" Figure 5.Entrance gate to the existing residence on the study parcel,view to the south. vl• 1 \ t, I i`z ''.) uk .a `• ; i i. k. t„,„ _, ,,. ..... _......„,„.,5„.... ,,..._ „vet; ....., ,,,.....„,..w... ..,-4 1,41„.4 ,. ,`r ;`° 1 A ' i " • ' ;max ` b # + k,•-'`. y is g t, +.. zofir TT Figure 6. Concrete blocks on bulldozed path in southeast portion of the study parcel. June 30,2015 Archaeological Field Inspection TMK:(3)7-3-026:003 Page 8 of 8 '''' i *- '': \ : i ' --. ' 4. ' ' ' ' ; 'Or A ' * , I 4' k . ft.,,t, .,-44,, ,, ...4,' '4,- 1 .. / /, ,,;'' . ., ---._.4. i-.A. 7,T...,,,, ., . .., ; „ - _f„, ,,::: k * / ic, Tu � 4 �► F "a; '4. K . ,, #it ' 4,0 4', 10. . }Y x "..` �y"•, � J ��.� ri ?t Figure 7.Typical ground surface visibility under the hapu`u canopy, view to the southwest (makai). DEPARTMENT OF PUBLIC WORKS ' ,k E1EN i COUNTY OF HAWAII �' ' """ 2 . ,} HILO, HAWAII s : 113 DATE: March 20, 2015 Memorandum TO : Duane Kanuha, Planning Director Planning Department FROM: Ben Ishii, Division Chief Engineering Division SUBJECT : Change of Zone Application (REZ 15-000188) Applicant: Jean A. Lorant Trust Location: Kaloko, N. Kona TMK: 3 / 7-3-26: 003 We reviewed the subject application for change of zone from A-20a to A-7a and our comments are as follows: 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. Access to a County Street including the provision of adequate sight distances, shall comply with Chapter 22 of Hawaii County Code and the approval of DPW. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. An account for improvement of the Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO/KONA Al-rung Dept '�F WATER`S L $ • ',19 i491 o?, , -0 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII Vy'°- -_,F1-775, P�� 3z-5 ":EI R AC'A STREET. SUITE 2C • Hi!C. , ^.' i 95720 TELEFHONE (848.` 951-8050 • F^—h ,8C 9,21-S657 hJ April 8,2015 TO: Mr. Duane Kanuha,Director Planning Department FROM: Quirino Antonio,Jr.,Manager—Chief Engineer . SUBJECT: CHANGE OF ZONE APPLICATION(REZ-15-000188) ^_') APPLICANT—JEAN A.LORANT TRUST ' REQUEST: A-20A TO A-7A - TAX MAP KEY 7-3-026:003 We have reviewed the subject application and have the following comments and conditions. Please be informed the subject parcel is currently served by two(2)existing 5/8-inch meters(Account Nos.930-06700 and 930-06699),which is limited to two(2)units of water, or an average of 800 gallons per day. The applicant has indicated that they will continue to use the existing facilities as currently being used; therefore,we have no objections to the proposed application as additional water is not required. Subject to other agencies requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 4, Qui o Antonio,Jr., P.E. M. ._er-Chief Engineer TS:dfg _ l r� _ .. Hr F D�:T�s� 11-'at .r ,I r� e Our 4 LLy 09095 . . !It � k..t�t�. �2,-6:�F�tcp _ . �t1 �`l�:L'tet Kane . . . -—; ON DAVID Y.ICE .r^.�:� CARTY S.CHANG ATTERDA GOVERNOR OF HAWACES II 7959 COMMISSION OBOARD OF N WATER RESOURCEAND MANL AGERiENT sy ,f / / • - DANIEL S.QUINN M INTERIM FIRST DEPUTY 00 44, .it, 11 IL-- �s{ W.ROY HARDY � ACI'AIG DEPUTY DIRECTOR-WATER ` ,,f AQUATIC RESOURCES BOAT/NG AND OCEAN RECREATION £p BUREAU OF CONVEYANCES 140442.1COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS STATE OF HAWAII CONSERVATION ANDINEERI RESOURCES ENFORCEMENT ENGDEPARTMENT OF LAND AND NATURAL RESOURCES FOTORICPRESTRY RESERVE CE HISTORIC PREsmvnnoN KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 April 6,2015 Duane Kanuha LOG NO:2015.01116 Planning Director DOC NO: 1504MV 11 County of Hawaii Archaeology 101 Pauahi Street Suite 3 Hilo,HI 96720 SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zone Application for Jean A.Lorant Trust(REZ 15-000188) Kaloko Ahupua`a,North Kona District,Island of Hawaii TMK:(3)7-3-026:003 Thank you for the opportunity to review this application that was received by our office March 20,2015.According to the application,the land owner has requested a change of zone from A-20a to A-7a. The project area will then be subdivided into two lots by the owner.A review of our records indicates that the project area has not been subjected to an archaeological inventory survey. This parcel is located within the geographic margins of the Kona Field System which is listed in the State Inventory of Historic Places(SIHP)as 50-10-37-6601. Sites associated with the Kona Field System have been documented at relatively high elevations in Kaloko Ahupua'a (Cordy 1991). In addition, an archaeological inventory survey of a select few parcels within the Kaloko Mauka subdivision by Nees and Williams (1995)indicated the presence of Hawaiian burial sites within lava tubes. Therefore, it is possible that historic properties exist within this project area. At this time we request additional information in the form of an archaeological field inspection conducted by a qualified archaeologist. If historic properties are identified during the field inspection, an archaeological inventory survey (AIS) will be needed to record the historic properties and determine an appropriate course of mitigation. We look forward to the opportunity to review the archaeological field inspection report or,if necessary,AIS report prior to the issuance of the subject permit. Please contact Mike Vitousek at(808)652-1510 or Michael.Vitousek(hawaii.gov for any questions or concerns regarding this letter. Aloha, ( i , " _ Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division CC: James Leonard 1100 Ainalako Road Hilo,HI 96720 ."� ¢¢{�'� n t t i gDept . = t , .... APR 1 4 2015 hlet 8 DAVID Y.IGE _ FORD N.FUCHIGAMI GOVERNOR it %cosi 4 DIRECTOR i ti+ DEPUTY DIRECTORS JADE T.BUTAY ft*. r ' t ROSS M.HIGASHI EDWIN H.SNIFFEN STATE OF HAWAII DARRELL T.YOUNG DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET STP 15-024 HONOLULU, HAWAII 96813-5097 HWY-PS 2.9440 April 13,2015 Mr. Duane Kanuha Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720-4224 Dear Mr. Kanuha: Subject: Change of Zone, REZ 15-000188 A-20a to A-7a, Jean A. Lorant Trust Kaloko,North Kona, Hawaii TMK: (3) 7-3-026:003 The applicant proposes to rezone the subject 21.095 acres parcel off Hao Street in the Kaloko Mauka Subdivision from Agricultural 20-acres to Agricultural 7-acres and subdivide the parcel into two lots (approximately 7.2 and 13.9 acres). This action is undertaken to facilitate transfer of the property to Trust beneficiaries. Currently,the parcel is subject to a Condominium Property Regime (CPR)Unit 1 and Unit 2 which are 14.923 and 6.172 acres,respectively. The existing CPR would be dissolved upon final subdivision approval and no new CPR's would be established. The property is accessed from roads under County of Hawaii jurisdiction. We have the following comments: 1. The proposed rezoning will not impact our State highway facilities. 2. The County of Hawaii is responsible for improvement of the intersection of Mamalahoa Highway, State Route 190,and Kaloko Drive, the main spine road of the Kaloko Mauka Subdivision,and has been collecting funds for that purpose from landowners as parcels are subdivided. If there are any questions,please contact Ken Tatsuguchi, Engineering Program Manager, Highways Planning Branch, at(808) 587-1830. Please reference file review number 2015-057 in all contacts and correspondence regarding these comments. Sincerely, •4 APR 1 7 2O FORD N. F IE I 2 , . Director of Transportation ` `I .8 RlorantREZ.doc 8/6/15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JEAN A LORANT TRUST CHANGE OF ZONE APPLICATION (REZ 15-000188) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acre (A-20a)to Agricultural 7-acre (A-7a)for approximately 21.095 acres of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from Agricultural 20-acre(A-20a) to Agricultural 7-acre(A-7a) for approximately 21.095 acres of land to subdivide the property into two parcels to be used as residential/agricultural lots. The property is currently subject to a Condominium Property Regime(CPR), comprising Units 1 and 2, which are 14.923 and 6.172 acres in size,respectively. An existing home and access driveway is located centrally within the 6.172-acre CPR unit, in the southeastern portion of the property. The applicant proposes to subdivide the subject property into two lots in a manner that is approximate to the current CPR division and consistent with the proposed zoning. These lots are intended to be residential/agricultural lots for the respective successors of the Applicant Trust. 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 consistent with the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. -1- Re: Bill 92 (Comm. 468) The Change of Zone request from an Agricultural 20-acre(A-20a)to the Agricultural 7-acre(A-7a) district will conform to the goals, policies and standards of the General Plan. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property is designated Important Agricultural Land,which are lands with better potential for sustained high agricultural yields because of soil type, climate,topography, or other factors. However, the subject property is primarily native forest and therefore it is preferable to maintain the forest than to convert the property to agricultural uses. The proposed Change of Zone will conform to, among others,the following goals and policies of the Natural Resources Element of the General Plan: • Protect rare or endangered species and habitats native to Hawai`i. • Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as excessive soil compaction and excessive removal of vegetative cover should be minimized and mitigated consistent with management strategies that encourage the retention of existing forested and pasture areas,reforestation,minimal coverage by impervious surfaces and other strategies that encourage effective infiltration to groundwater. • Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals. • Create incentives for landowners to retain and re-establish forest cover in upland watershed areas with emphasis on native forest species. Among the most significant of the island's natural resources are upland forests that provide the essential groundwater recharge areas. All groundwater sources in North and South Kona ultimately depend upon recharge that primarily occurs in a band between the 1,500 and 5,500-foot elevations. In the lower part of this band, rainfall dominates from approximately the 1,500 to 3,000-foot elevation. In the upper part of this band, -2- above the 3,000-foot elevation, fog that collects on trees and drips to the ground is a major contributor to the aquifer. In recognition of the importance of the mauka Kona area for watershed and other environmental values,the County Council established a policy in Resolution No. 330-96 (1996)that no lands in North or South Kona above 2,500 feet in elevation(except in the existing Kaloko Mauka Subdivision) should be rezoned to lot sizes less than 20 acres, without a corresponding reduction in density on contiguous lands. In Kaloko Mauka, the Council found that the concerns could be mitigated by specific rezoning conditions which would require that at least 80 per cent of the property be kept in forest cover, in the area above 3,000 feet in elevation(Resolution No. 58-97). One of the conditions included in Resolution No. 58-97 was to restrict the number of dwellings to one per lot. A condition of approval will be included to void the `Ohana Dwelling Permits that were issued for this property but never built in order to conform to this restriction. The subject property is presently heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu`u ferns and other native and non-native trees and shrubs. Wildlife on the property consists of feral cats,pigs,mongoose,turkey,and other common introduced birds. Common native Hawaiian birds inhabiting the property include the `amakihi, `apapane and `elepaio. The federally endangered Hawaiian Hawk inhabits the general Kaloko mauka area. The federally endangered Hawaiian Crow disappeared from the area in the 1970-1980's, although the area remains to be potential habitat for future species recovery efforts. The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of Hualalai, above the 3,000 foot elevation, as "essential habitat"for the endangered `akepa and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. The proposed development has the potential to alter the mixture of plant life,however,the low density of the proposed development and conditions of approval consistent with Resolution No. 58-97 will assure the continuation of habitat for existing wildlife. The Kona Community Development Plan (CDP)includes similar goals as the General Plan regarding preservation of natural resources and native -3- species, as well as watershed protection. With implementation of these conditions,the request will conform to the goals and policies of the General Plan and Kona CDP. All utilities and services are available to the site. Access to the subject property is from Hao Street from Kaloko Drive, which are County roadways. Hao Street is a 20- foot wide paved roadway with grass shoulders within a 60-foot wide right-of-way. Kaloko Drive is a 22-foot wide paved roadway with grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway,which is a State highway, as a T-intersection configuration without channelization improvements, approximately three miles below the property. The Department of Transportation(DOT) has previously expressed concern about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. In prior rezonings within the subdivision,the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. The Department of Transportation,Department of Public Works, and the applicant have all acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential since similar change of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. Previous rezones in the subdivision have included a condition of approval requiring that the fair share fee paid for regional impacts to transportation,park,police, fire and solid waste facilities be allocated for the County and/or State to improve the Kaloko Drive- Mamalahoa Highway -4- intersection. The current fair share fund balance for this intersection is $578,764.24. A condition of approval will be included to continue to require fair share fees be contributed to improvement of this intersection for the additional lot the applicant is proposing to create. The property is currently served by two 5/8-inch County water meters limited to an average of 800 gallons per day total. The proposed subdivision will not require additional water. Wastewater generated by the proposed development will be disposed of by individual wastewater disposal systems meeting the requirements of the Department of Health. Solid waste will be taken to the Kealakehe transfer station by the individual lot owners or a private hauling service. All other essential utilities and services are available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,relating to Coastal Zone Management. The subject property is located over 5 miles from the shoreline and is not in the Special Management Area. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. The property does contain significant natural resources in that it is heavily forested with native species that provide a food source to several native and endangered bird species. In view of the Hawai`i State Supreme Court's"PASH" and"Ka Pa'akai 0 Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: The property is located within the boundaries of a pre-contact age upland agricultural system known as the Kona Field System,which is listed in the State Inventory of Historic Places. The property was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch,the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service -5- published a report in 1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a,North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. An archaeological field inspection report, completed by Bob Rechtman,Ph.D, in June 2015, determined that future development of the property would have no effect on historic properties because none were found on the property. The U.S. Fish and Wildlife Service has conducted studies of the general area over the years and have identified numerous endangered and native bird species in the native forest. The valued cultural, historical, and natural resources found in the rezoning area: No historic, archaeological or cultural sites were found during the June 2015 archaeological field inspection of the subject property. Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. Feasible actions to protect native Hawaiian rights: According to the applicant,no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised,the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. This favorable recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Agricultural zoning district,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems,compliance with the Fire Code,installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. -6- Based on the above findings, approval of the Change of Zone request from an r Agricultural 20-acre(A-20a) to the Agricultural 7-acre(A-7a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone Map)is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -7- CLorantREZ.doc 8/6/15 JEAN A LORANT TRUST CHANGE OF ZONE APPLICATION(REZ 15-000188) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. C. To comply with County Council Resolution No. 58 97, adopted on June 2, 1997, the 21.095-acre property may not be subdivided into more than two (2)lots. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five(5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 100-foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement; and 3. a 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s)in the deeds of all the proposed agricultural lots fronting Hao Street shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D,no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. `Ohana Dwelling Permit Nos. 89-127 issued May 9, 1989 and 93-281 issued October 14, 1993 are void. G. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. A Forest Management Plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum,the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). -2- 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty percent(20%)of the subject property has been cleared or grubbed prior to the submittal of the Forest Management Plan or the recording of the restrictive covenant(s),the reforestation program for any cleared or grubbed area(s)in excess of the 20%within the subject property shall be substantially implemented prior to the issuance of Final Subdivision Approval. 4. This Forest Management Plan shall govern the proposed lots within the subject property for a period of fifty(50)years and its teunination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. Access to Hao Street, including the provision of adequate sight distances, shall comply with Chapter 22 of the Hawai`i County Code and shall meet with the approval of the Department of Public Works. J. All earthwork and grading shall conform to Chapter 10,Erosion and Sediment Control, of the Hawai`i County Code. K. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources- State Historic Preservation Division(DLNR-SHPD) shall be immediately -3- notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. M. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be based on the actual number of additional lots created. The fair share contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. Based upon the applicant's representation of intent to subdivide and develop up to one(1) additional lot, the total fair share contribution is$13,506.70. The fair share contribution shall be adjusted annually by the Hawaii County Planning Department,beginning three(3)years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index(HCPI). Upon approval of the fair share contribution,the Planning Director shall submit a final report to the County Council for its information that identifies the specific approved fair share contributions, as allocated, and further implementation requirements. 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. The applicant shall comply with all applicable County, State and Federal laws, rules,requirements and regulations. P. 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 -4- foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -5- ,�tv os p COUNTY OF HAWAII •' �"�= /'• STATE OF HAWAII •,jos M,w `` BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—SEVEN ACRES (A-7a) AT KALOKO,NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-3-026:003. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko,North Kona, Hawai`i, shall be Agricultural— Seven Acres (A-7a): Beginning at a 1/2 inch pipe in concrete(found) at the Northeasterly corner of this parcel of land,being also the Southeasterly corner of Lot 1-B of Block 6 of Kaloko Mauka Subdivision, Increment 2 and being a point on the Westerly side of Hao Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"MOANUIAHEA"being 12,326.15 feet South and 2,263.18 feet East and running by azimuths measured clockwise from True South: 1. 315° 00' 1,137.51 feet along the Westerly side of Hao Street to a'/2 inch pipe in concrete(found); Thence, the next three(3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 2. 71° 45' 1,160.64 feet along Lot 6-A and Lot 5-A-1-B of Kaloko Mauka Subdivision, Increment 3 to a point; 3. 161° 45' 1,015.77 feet along Lot 2 of Block 6 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 4. 251° 45' 648.65 feet along Lot 1-B of Block 6 of Kaloko Mauka Subdivision, Increment 2 to the point of beginning and containing an area of 21.095 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- 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, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-20a A-10a \Of A-20,a A-20a A-10a --7— A-10a i AGRICULTURAL-TWENTY ACRES(A-20a)To AGRICULTURAL-SEVEN ACRES(A-7a) A-10a 21.095 ACRES A-5a A-10a A-10a 15 2.326. 'S A-10a 2,263..15 E A-lOa "MOANUTAHEA" A-5a a4 p lihilliihh. A-20a O Y 0 J Q A-5a A-20a A-20n A-20a 111111111' A-5a A-5a A-5a A-20a A-5a N Feet 0 750 1,500 2,250 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL -TWENTY ACRES (A-20a) TO AGRICULTURAL - SEVEN ACRES (A-7a) AT KALOKO, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:MARCH 23,2015 TMK:(3)7-3-026:003 Lorant EXHIBIT"A" Mao: 1358 c:,,-, sibm .1 V) c/ DN ihmas PIM f-iCd CO1.4111M CO O o lim Z O C -I u Q. 144 0. a a) c C N O 0 4) a) .) 0 V , T / 0) • k C , •mmr ,,i, C -- - 0 ISI NC 14.0111 , •Nam •• ••' 0. 0 * ; C o ititrwirio-,-'44#z , . ,4pos,ANIF 4,6,,,,, WAllto ;AIOV 101tOiti •Elmo ger-li4"... :‘,' * • 11111•111 0 • , (I) 0 _ . OMEN. 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COMMISSIONERS PRESENT: Brandi Beaudet, Collin Kaholo, Barbara Nobriga, Sonny Shimaoka, Keith Unger and Thomas Whittemore ABSENT AND EXCUSED: Scott Church ALSO PRESENT: Danny Patel (Counsel for the Commission), Bobby Command (Deputy Planning Director),Jeff Darrow (Planner),Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And four people from the public in attendance. APPLICANT: JEAN A. LORANT TRUST (REZ 15-188) Application for a Change of Zone from an Agricultural-20 acres (A-20a)to an Agricultural-7 acres (A-7a) zoning district for approximately 21.095 acres of land. The property is located along the west(makai) side of Hao Street, approximately 1,500 feet from its intersection with Kaloko Drive within Kaloko Mauka Subdivision at Kaloko,North Kona, Hawaii,TMK: 7-3-026:003. BEAUDET: Second item on today's agenda, Applicant, Jean A. Lorant Trust, REZ 15-188. Staff? JACKSON: Thank you, Mr. Chair. Good morning everyone. The next item on the agenda is a Change of Zone request. The subject property is located in the North Kona District in the Kaloko Mauka Subdivision. You can see on the slide you have the Mamalahoa Highway running in a north-south direction on the left side of the slide, and then Kaloko Drive comes off of that in the mauka direction and weaves up Hualalai Mountain. The subject property is in the middle of the slide,outlined in red, and it's located off of Hao Street. You can see the existing zoning is Agricultural-20 acres, which is shown in the dark green. And several of the properties nearby have been rezoned over the years, which is shown in the different color blue. The property just mauka of the subject property was rezoned to Agricultural-7 acres, which is what the applicant is requesting, and that was done in the late 90's, I believe. And then other properties nearby were zoned to Agricultural-10 acres and that's shown in the darker green here. The property is located in the State Land Use Agricultural District, as well as the majority of the subdivision. There are Conservation areas on Hualalai Mountain nearby that are primarily native forest. And the General Plan designation for the property is Important Agricultural Land, which is shown in the light green. The property is located outside of the Kona Urban Area identified in the Kona Community Development Plan; you can see the property here in the middle of the slide with a red dot. 1 DRAFT Re: Bill 92 (Corm. 468) And this is an aerial view of the property. The subject property and most of the properties nearby are still in native forest. There are several farm dwellings and single-family dwellings nearby. This property here that you see that's mostly graded and not in forest actually has never been rezoned. So whenever a property comes in for a rezone,the owner is gaining a greater density for their lot, they are able to subdivide and create another lot; so in exchange for that, the County Council passed a resolution in late 90's that any rezoning in above a certain elevation in Kaloko Mauka the property have at least 80 percent be retained in native forest. And that was to help preserve the forest for some of the native birds that are found there, as well as to help with groundwater recharge because there is a lot of rain obviously on Hualalai Mountain. So this property you see here has not ever been rezoned, which is why they were allowed to grade and do agriculture on their property. It's very hard to see but there is a dwelling located in this location here on the subject property. So the applicant is requesting a rezone from Agricultural-20 acres to Agricultural-7 acres for a 21-acre property in order to create a two-lot subdivision. And this is their proposed subdivision plan. You can see Hao Street on the right side of the slide. The proposed lot division would be this line here, so you have about seven acres, a seven-acre lot proposed here and about a 13-acre lot proposed to the north. Again, there is an existing dwelling in this location here and a driveway, and then there's two storage sheds on the property. This is a view of Hao Street fronting the property; the property is on the right side. You can see their sign posted here. And you can see that Hao Street is paved; it's a two-lane paved road. And this is the applicant's driveway, so you can see there is, it's very heavily vegetated. And this is a view of the actual property; you see a lot of native `ohi`a trees. The Planning Director is recommending that the Commission forward a favorable recommendation to the Council for this rezone. And since we submitted the Background and Recommendation Report to you, we have received four letters of support. Those letters are from Charles and Ann Stevenson,Norman Bezona, Trent Bateman and Ricci Bezona. And that concludes my presentation. BEAUDET: Thank you,Maija. JACKSON: Thank you. BEAUDET: Commissioners, any questions or comments for Maija? Okay. Thank you. Would the applicant or its representative please step forward? Please raise your right hand. Do you now swear or affirm to tell the truth now before the Leeward Planning Commission? LEONARD: Ido. BEAUDET: Thank you. Please state your name. LEONARD: My name is James M. Leonard. I'm representing the applicant, Jean A. Lorant Trust, in this issue. I just wanted to say that the applicant is, I have here today with me one of the executors of the Trust, Dr. John Lorant, and they are successors to the property that belonged to 2 DRAFT Jean Lorant, and it was her wishes through the Trust that it be divided according to the map that you saw. There is currently a CPR on the property, and the proposed subdivision would be roughly similar to that CPR, and the zoning is to allow for that subdivision to take place so that they can transfer those properties over to the heirs of the Trust. Their mother,Jean Lorant, and her children are very cognizant of the specialness of this property. Jean had put it into a voluntary stewardship program with the State for protection of the forest. They have submitted a forest protection plan as part of their application that they intend to implement as part of this. And so they are very committed to the protection, the long-term protection of the watershed area and the forest. They've also, as a, you heard the, there has been testimony submitted by the surrounding property owners, and those represent the owners' properties that are directly surrounding the Lorant property; they are all contingent, the properties that are all contingent and directly surrounding the property, so their neighbors are all very supportive of this effort of theirs to rezone their property. They, the applicants have gone through the conditions,the recommended conditions, and are all in support of those conditions that are recommended. These are similar to those,or inclusive of those that are included in the Council resolution and recommended conditions in terms of protection of the forest and implementation of a forest management plan, the protection of 80 percent of the forest cover and that should be left undisturbed, the setbacks; all of those conditions that are spelled out in the Council resolution are reflected in these conditions, along with a fair share assessment that would go towards improvements for the intersection at the bottom of Kaloko Drive and Mamalahoa Highway. So they've reviewed those conditions and are in full agreement with those. So we are here to answer any questions that you might have. BEAUDET: Thank you, sir. Commissioners, any questions or comments for the applicant? Okay. Thank you, sir. We have not received any request for testimony from the audience. So without any further, if there is no further discussion, Commissioners,could I ask for a move for action. WHITTEMORE: I move for a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket Number REZ 15-188,based on the Planning Director's recommendation, findings, and proposed conditions, which shall be adopted. NOBRIGA: I second. BEAUDET: It has been moved by Commissioner Whittemore for a positive recommendation to be forwarded to the County Council, and seconded by Commissioner Nobriga. Staff,roll call,please. JACKSON: Thank you,Mr. Chair. Commissioner Whittemore? WHITTEMORE: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. 3 DRAFT JACKSON: Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: Commissioner Unger? UNGER: Aye. JACKSON: And Chair Beaudet? BEAUDET: Aye. JACKSON: Okay, the motion passes, six-zero. The discussion ended at 10:30 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 DRAFT