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HomeMy WebLinkAboutCOM 1000.000 2014-2016 .-.MSYOFM ; William P.Kenoi - *i AN": ',' ,,'r=• • Randall M.Kurohara Mayor Acting Managing Director rE a;•M'N-- County of (Ma off. r41 avor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 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 August 11, 2016 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application(REZ 16-000206) Request: A-20a to A-10a Applicant: James Juvik Tax Map Key: 7-3-048:001 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel WILLIAM P. KENOI Mayor MTransCouncilJuvikREZ16-206 Enclosures cc: Planning Department Comm. No. 1 0 00 <Z).%\k a3\> Ref. To: PG Ref. Date AUG 1 7 2016 County of Hawaii is an Equal Opportunity Provider and Employer. tv or William P.Kenoi ` '�•' Keith Unger,Chair Mayor ,,,-���►c• Collin Kaholo,Vice Chair .mss Nancy Carr Smith Scott Church 'of N'�-' Perry Kealoha Barbara Nobriga County of Hawaii Oliver"Sonny"Shimaoka LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 AUG L 12016 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 16-000206) Applicant: James Juvik Request: A-20a to A-10a Tax Map Key: 7-3-048:001 The Leeward Planning Commission, at its duly held public hearing on July 21, 2016, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural 20-acre(A-20a) to an Agricultural 10-acre(A-10a) zoning district for approximately 21.22 acres of land. The property is located on the east side of the intersection of Keana`aina Street and Kaloko Drive within the 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 10-acre(A-10a). Currently, the property has two occupied residences and the applicant proposes to subdivide the subject property into two, 10.61 acre lots which are intended for continued use as residential/agricultural lots, with one of the existing houses on each lot. 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 Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 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 10-acre (A-l0a) zoning 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 Extensive Agriculture(EA), which are Lands not classified as Important Agricultural Land. Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope,machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Despite the EA LUPAG designation, 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. Conditions of approval will be included meet the forest cover and density requirements of the resolutions mentioned above. The subject property is heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu`u ferns with a few koa and a dense understory of`ohelo, pukiawe, and hapu`u ferns with the occasional stands of hapu`u ferns. In the areas of the small kipuka near the corners, the vegetation is more open and the surface covered with grass, although soils in these portions were extremely thin. Wildlife observed 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 Huai-alai, above the 3,000 foot elevation, as "essential habitat" for the endangered `ake`a and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. There are two existing dwellings on the property, and conditions of this approval will prohibit any additional dwellings. The preceding and other conditions of approval Dru Kanuha, Council Chair and Members of the County Council Page 4 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 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 Kaloko Drive and Keana'aina Street, a 22- foot wide paved roadway with 8-foot grass shoulders within 80- foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway approximately 5 miles below the subject property. According to the applicant, 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. 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 Dru Kanuha, Council Chair and Members of the County Council Page 5 intersection. The current fair share fund balance for this intersection is $600,469.05. 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. The applicants will continue to use the existing State Department of Health(DOH) individual wastewater systems that were installed with construction of the existing residences. No additional residences will be constructed beyond the existing residences, therefore no additional sewage disposal systems would be required following the rezoning and subdivision of the property. 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 7 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 subject parcel is located in the upper elevations of the Kaloko Mauka Subdivision, in a forested area between the 4,360 and 4,600 foot elevation and nearly all of the ground surface of the property consist of portions of the 1800-1801 Ka`upulehu `a`a lava flow. There is no record of historic sites on this property in either the National or State Register. The property was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Hu'ehu`e Ranch, the Dru Kanuha, Council Chair and Members of the County Council Page 6 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 was conducted of the full property by ASM Affiliates in July of 2015. The archaeological report found no archaeological features on the parcel and concluded that, given the minimal soil accumulation on the property, the presence of subsurface archaeological deposits would be extremely unlikely. Accordingly,the State Historic Preservation Division issued a letter of"no-effect"regarding the proposed rezoning of the subject property with a determination that" no historic properties (would be) affected" by the proposed action. 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 July 2015 archaeological field inspection of the subject property. Possible adverse effect or impairment of valued resources: As there are two existing dwellings on property and additional dwellings will be prohibited, it is unlikely that the proposed change ofzone will have effect or impairment of valued resources. 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 Dru Kanuha, Council Chair and Members of the County Council Page 7 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 10-acre (A-10a) zoning 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 & South Kona Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Keith F. Unger, Chairman Leeward Planning Commission LJuvikREZ16-2061pc2 Enclosures cc: James Leonard, JM Leonard Planning, LLC James Juvik Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BluvikREZ.doc 7.11.16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JAMES JUVIK(REZ 16-206) CHANGE OF ZONE APPLICATION (REZ 16-000206) JAMES JUVIK has submitted an application for a Change of Zone from an Agricultural 20-acre(A-20a) to an Agricultural 10-acre (A-10a) zoning district for approximately 21.22 acres of land located on the east side of the intersection of Keana'aina Street and Kaloko Drive within the Kaloko Mauka Subdivision at Kaloko,North Kona, Hawai`i, TMK: 7-3-048:001. PROPOSED ACTION 1. Applicant's Request: A Change of Zone from Agricultural 20-acre (A-20a)to Agricultural 10-acre (A-10a). Currently, the property has two occupied residences and the applicant proposes to subdivide the subject property into two, 10.61 acre lots which are intended for continued use as residential/agricultural lots, with one of the existing houses on each lot. 2. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department(P.D.) Exhibit 1 -Change of Zone Application 3. Landowner: James O. and Sonia P. Juvik Trusts/Hal and Krista G. Markowitz Trust BACKGROUND INFORMATION 4. 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 only for 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 E included within the application). STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. General Plan Designation: Extensive Agriculture. 7. County Zoning: Agricultural 20-acre(A-20a). 8. Kona Community Development Plan (KCDP): The subject property is situated outside the Kona Urban Area. 9. Special Management Area: The subject property is located over 7 miles from the nearest shoreline and is not in the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Property: The property is 21.220 acres in size and sits at approximately 4,360 feet elevation. The property is heavily forested with slopes between 6 and 20%. There are currently two residences and associated driveways on the property. The first dwelling was built in 1987 (Building Permit No. 870558) and the second dwelling was built in in 1994 (Building Permit No. 935626)and was permitted as an `Ohana Dwelling. 11. Surrounding Zoning/Land Uses: Properties in the vicinity of the subject parcel consist of a mix of A-l0a and A-20a zoning, with several A-10a zoned properties in the immediate vicinity of and adjacent to the subject parcel 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. 12. Agricultural Lands of Importance to the State of Hawaii(ALISH): Other Important Agricultural Land. 13. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor". 14. U.S. Soil Survey: The soil survey report classifies the soils within the property as predominately Puna Extremely Stony Muck (rPXE), 3 to 25 percent slopes, with small portions, less than 10 percent of the area, as Kona Extremely Rocky Muck(rKYD), 6 to 20 percent slopes. -2- 15. Flood Zone: Zone "X", an area determined by FEMA to be outside the 500-year flood plain. 16. Flora/Fauna Resources: The property is heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu`u ferns with a few koa and a dense understory of`ohelo, pukiawe, and hapu`u ferns with the occasional stands of hapu`u ferns. In the areas of the small kipuka near the corners, the vegetation is more open and the surface covered with grass, although soils in these portions were extremely thin. Wildlife observed 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 `ake`a and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. 17. Archaeological/Historical Resources: The subject parcel is located in the upper elevations of the Kaloko Mauka Subdivision, in a forested area between the 4,360 and 4,600 foot elevation and nearly all of the ground surface of the property consist of portions of the 1800-1801 Ka'upulehu 'a' a lava flow. There is no record of historic sites on this property in either the National or State Register. 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 was conducted of the full property by ASM Affiliates. The archaeological report found no archaeological features on the parcel and concluded that, given the minimal soil accumulation on the property, the presence of subsurface archaeological deposits would be extremely unlikely. Accordingly, the State Historic Preservation Division issued a letter of"no-effect"regarding the proposed rezoning of the subject -3- property with a determination that" no historic properties (would be) affected" by the proposed action. Copies of the Archaeological Field Inspection Report and of the SHPD letter of"no-effect" are found in Appendices B and C,respectively, of the application. 18. 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. 19. Public Access: There is no record of a designated public access that traverses the property. PUBLIC UTILITIES AND SERVICES 20. Access: Access to the subject property is from Kaloko Drive and Keana'aina Street, a 22- foot wide paved roadway with 8-foot grass shoulders within 80- foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway approximately 5 miles below the subject property. According to the applicant,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. 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 applicant has stated that they will participate in providing their fair share contributions towards the cost of these improvements. The current fund balance for this intersection is $600,469.05. 21. 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. However, according to the Department of Water Supply(DWS), depending on the configuration of the two (2)proposed lots, the applicant may be required to relocate one of the existing meters so that each meter fronts the appropriate lot. Should the relocation of any meters not be necessary, the applicant shall inform the Department, in writing, to which lot each meter will be assigned. The relocation or assignment of the existing meters can be done during the subdivision process. -4- 22. Wastewater: The applicants will continue to use the existing State Department of Health (DOH) individual wastewater systems that were installed with construction of the existing residences. No additional residences will be constructed beyond the existing residences,therefore no additional sewage disposal systems would be required following the rezoning and subdivision of the property. 23. Solid Waste: Solid waste will be taken to the Kealakehe transfer station by the individual lot owners or a private hauling service. 24. 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 25. Department of Public Works- Engineering Division: P.D. Exhibit 2—June 6,2016 memo 26. Department of Water Supply P.D. Exhibit 3—May 24, 2016 memo 27. Fire Department: P.D. Exhibit 4-May 26,2016 memo 28. Department of Land and Natural Resources-Engineering Division-P.D. Exhibit 5— May 18, 2016 memo 29. Department of Land and Natural Resources- State Historic Preservation Division: P.D. Exhibit 6—May 31, 2016 memo 30. Department of Transportation: P.D. Exhibit 7-June 14,2016 letter AGENCIES-NO COMMENTS/CONCERNS 31. Department of Environmental Management, Police Department, State Department of Health, State Department of Land and Natural Resources- Land Division. AGENCIES - NO RESPONSE 32. State Department of Agriculture, U.S. Fish and Wildlife Service, Real Property Tax Office PUBLIC COMMENTS 33. None as of the date of this writing. -5- ir • • • • ,TUVIK/MARKOWITZ TRUSTS • • CHANGE OF ZONE APPLICATION • • • Requested Change from Agricultural A-20a to • Agriculture A-10a • • I • TMK: (3) 7-3-048: 01 • Lands of Kaloko,North Kona , Hawaii • • • • • I • • • • • • • • • • it • • • April 2016 • • • • • •• Planning Dept. • Exhibit IP • • • CHANGE OF ZONE APPLICATION • 7016 APR ?9 PM 9 19 • COUNTY OF HAWAII PLAt'T ii:11 . ;'Ai t\RTMENT PLANNING DEPARTMENT COUNTY OF HAWAII • (Type or legibly print the requested information) • • APPLICANT: James Juvik • APPLICANT`S SIGNATURE: (� v""�`"' DATE:U pt,/ 13.)201.6 • • ADDRESS: James an ,•onia Juvik • 223 Makani Circle O Hilo, Hawaii 96720 • LIST APPLICANT'S INTEREST IF NOT OWNER: • LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: • PHONE:(Bus.) (Res.)(808) 959-5744 (Fax) II LANDOWNER(S): James 0. and Sonia P. Juvik Trusts/ Hal and Krista G. Markowitz Trust 1110 IP [See attached letter of authorization] LANDOWNER SIGNATURE(S): DATE: I a� be b�• eller LANDOWNER(S)ADDRESS: [See attache eater autf'iorization] II IP IP � TO (REQUEST: Agricultural (A-20a) Agricultural (A-10a) . TAX MAP KEY: (Existing zoning) (3) 7-3-48: 01 (Proposed Zoning) D STREET ADDRESS OF PROPERTY: 73-4393 Keana'aina•Street - Kailua Kona, Hawaii 11 IP SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 21.220 Acres 0 AGENT: James M. Leonard, J M Leonard Planning, LLC ADDRESS: P. O. Box 11321 II IP Hilo, Hawaii 96721 ( 808 981- 0 TELEPHONE:(Bus.) (808) 896-3459 (Res.) ) 099 (Fax) 1 r Please indicate to whom original correspondence and copies should be sent. 0 ORIGINAL: James M. Leonard COPIES: James and Sonia Juvik 0 p • • ATTACHMENT • Agricultural Rezoning 411/ • PLANNING DEPARTMENT COUNTY OF HAWAII • • APPLICATION FOR CHANGE OF ZONE 1111 1. If your request is approved,do you intend to subdivide the subject • land in accordance with the approved change of zone? Yes • If yes,please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? 21.22 Acres • b. Into what lot sizes Approx.10.81 acres,each • • c. If your request is approved,approximately how long after the date • of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 3 Months • • d. Do you intend to build houses on the newly created lots? No Two residences currently exist on the property • If y,please answer the following questions: • • On how many lots? • • At what approximate price range? House • Lot • Total • • ApproximateIy how long after approval of the subdivision • would the fust house be available for occupancy? • If you intend to subdivide,please submit a preliminary schematic • subdivision plan together with your change of zone application form. F_ndosed • 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.112 5/84 • • • • • • -2- • • 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? • The planned subdivision would provide an additional lot in the Katoko area.Because of the scale of the project and the existence of the existing homes,however,the impact to the local housing situation would be minimal. • • 4. Are there any building on the subject area? Yes • If so,what kind? • Two residences currently exist on the property. • • What do you intend to do with those buildings if your request is • approved? • The existing homes will continue to be used as residences by the property owners. • • 5. Is the subject land currently being used for any agricultural activity? No • If so,please list the kinds of products grown and on how many • square feet or acres of land per product. • • • 6. Was your request to allow for the creation of smaller agricultural • lots? Yes • • If so,did your plan include the following considerations? • a. Commodity to be produced? No • • 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? • • • • 110 S • -3- • • 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 equally so that the resulting parcels can be transferred to • respective property owners in relations to the current use. • 7. To your knowledge,has there been any flooding and/or drainage problem • on the subject area? None • 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- The County has established an account for planned improvements to the intersection of the • main subdivision road(Kaloko Mauka Drive)and Mamalahoa Highway. The Applicants are • committed to pay their fair-share assessment towards the implementation of those • improvements. • • • • • • • • • • • • Signature: ,l/r'46"' ied"lt4------ • J es Juin • Address: 223 Makani Circle,Hilo,HI 96720 • Telephone: (808) 959-5744 • • Date: 14?f.l\ VI i 2O10 • • • • • • • -4- • • 110 • • • • Mr.Duane Kanuha,Director • County of Hawaii Planning Department • 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 •• • SUBJECT: JUVIK/MARKOWITZ TRUSTS CHANGE OF ZONE APPLICATION • APPLICANT: JAMES AND SONIA JUVIK • REQUEST: CHANGE OF ZONE FROM AGRICULTURAL(A-20a)TO • AGRICULTURAL(A-10a) TMK: TAX MAP KEY: (3)7-3-48:001 • • LETTER OF AUTHORIZATION • Dear Mr.Kanuha: • We the land owners of the subject property,identified as'FMK parcel(3)7-3-48:001 at Kaloko,North Kona,Hawaii,hereby authorize the filing of the subject Change of Zone • Application and,further,authorize James M.Leonard(J M Leonard Planning,LLC)to represent the owners in relation to all requests,submittals,applications and hearings • pertaining to the subject change of zone application and any subsequent subdivision applications related to the same property. Respectfully Yours, • r� ,� Date: fJp )S ao 16 • � L Date: !/ 3 zo(.6• ,01112?.. l • Trustee es 0.and Sonia P.Juvik Trusts • • James and Sonia Juvik • 223 Makani Circle • Hilo,Hawaii 96720 • • •�A.os Date: pp c i t 1)30 1{� Trustee: Hal and Krista G.Markowitz Trust • • Krista G.Markowitz 1355 Livingston Ave. • Pacifica,CA 94044-3929 • • • • • • • • • • COUNTY BACKGROUND AND ENVIRONMENTAL REPORT • APPLICATION FOR CHANGE OF ZONE • Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a) • APPLICANT: James and Sonia Juvik • TAX MAP KEY: (3) 7-3-048:01 • Kaloko, North Kona, Island of Hawaii, Hawaii • • • A. SUBJECT REQUEST • • • 1. Details of Proposed Use/Development: • • a. Project Description: The subject property is a 21.220 acre parcel located near • the intersection of Keana`aina Street and Kaloko Drive at approximately the • 4,360 feet elevation. It is identified as Lot 1, Block 12, Increment 5 (File Plan • 1434)being a portion of R.P. 8214, L.C. Aw. 7715,Ap. 11 to Lota 411 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 • • has two residences. The owners propose to subdivide the existing property into • two lots in a manner that is consistent with the existing use and proposed zoning • for the property. These lots, which would be approximately 10.61 acres in size, • are intended to be residential/agricultural lots for each of the families and • property owners currently residing on the property. • • • c. Number of acres: 21.220 acres are covered by this request. • • • 1 • • IIP • • •• • . x1 • . Y • Keallolp-I vxia 1 ibiaki • krttewntt nal " * Cosne Atrprt � • uvik/Marko sitz . Property oa • ANOK A A • f • • AMNupt a`A NAPA-St KaleitoilaulaSetivisim • kCLkr 1 AND 2 • YA 4 • • °�`' • Hsu teA3ANOVA A 4Ift 4$4 • 19 1 • �`�AM" • II ' xk AA 1 .. . f A •Iu iA • Haug►I Also 2 Regional Location • Island Location • • • FIGURE 1 ,,--,:„.,,,,.,,,t.,,,,, • ISLAND AND REGIONALr. • LOCATION MAP `(� . .` �, • JUVIK/MARKOWITZ PROPERTY • CHANGE OF ZONE APPLICATION ' • • • • • • • • s c• f1 W r; 111 • _ T' et, 11iiFEY • - lt'41 PI • Fi .ii li• All it • a A....'..° JrW 0,4 . ." 41i H ■ • j O 0 t • d 8 / l • t r a • • t t, r • F .J , • cF ! I d y. • bp M F d > Y • a f.1 40 �` o i 4 Mil �N Y Y 7 ! a1 ii • b r ' , o • vL a� #: I • v 'Ft aC fs E i ,; x S Y 1I • » €t t • • ._ 1, .14r= •'i • r.. - t x • r Juvik/Markowitz 1 • t 4 Property i Y • • Y C 1 • i • • • • • • FIGURE 2 TMK Map • Juvik/Markowitz Change of Zone Application • • • w • • d. Proposed lots and area of proposed easements and setbacks: With the S proposed zoning approval, the applicant propose to subdivide the existing lot into two parcels that would each be approximately 10.61 acres in size, as indicated in the S Conceptual Subdivision Plan shown in Figure 3. It is expected that the lots will • have similar conditions as those placed on recently rezoned properties in the Kaloko • • Mauka subdivision. These conditions have included a 100-foot wide "forest reserve i 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)would be included in the deeds of the proposed agricultural • • lots, which shall specify the easements and setbacks for each lots. 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, and further prohibit the construction of a second dwelling on • each lot. Further, a copy of the proposed covenant(s) is to be recited in an instrument 40 executed by the applicants and the County and recorded with the Bureau of • i Conveyances prior to the issuance of Final Subdivision Approval. a • e. Time frame: The application for the subdivision would be filed immediately ' following zoning approval and is expected to take 6-8 months to receive final • subdivision approval. • • f Parking arrangement: Parking at the existing residences is currently • accommodated at each site, as required by the Zoning Code. It is anticipated that • there will be only one residential unit on each lot, as per the restriction that would • be imposed as a condition of the zoning approval. • • g. Traffic Impacts: In that the property has two existing residences and water • • service to each of the homes, the proposed rezoning would not affect any increase • in density or create any additional traffic impacts as a result of the proposed action. • • S 4 • • ? ® w O i. •a_ tis # .4.11440,,111141V t lilai IP Ri a. E'i PI .� Z S3 Si'.11 ,Li? gY wuo oaom :: O = a. ith 1 Fir a.. > iti ..• MI) b w PL i 4,1 li \ ;.1A o ; 1 in b x Lai 'aiI Z LI o LI 0 Z ' p i 0 m .� o 6.1 / teaeZi . �(,) Q c a t es ? d' n .z:--,- I 9«3 ae t : j� 0O z__ ¢ Zz 3 d Q f. to t 4. Y a- Ci ,i),o 3 e jam j , # O ..;"41---e.: a' o� ooaE 3_ Sr cv\� ' t Q m 4-. el a I a o a —� Q p o 4. `-&.1 OJ o t= $ CO Te ill m t P 1' ri t 21 ;1.ke "" 341210 OX07Mf gI I 1-1 &N�,Oz 004-1,, i x 41 r. r 1i 1 ii i Fa g II it A It •1100.000000.0000..............•00000000000000 1111 • • • 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 • rezonings in the Kaloko Mauka Subdivision have been subject to conditions that require • 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 contributions •• 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 change to the zoning designation for the property would 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. • 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 opportunity for choice of occupation. • • • 7 • • • • o The County of Hawaii's land, water, air, sea, and people shall be considered as • essential economic resources for present and future generations and should be • protected and enhanced through the use of economic incentives. • o The County shall identify and encourage primary industries that are consistent with • the social,physical, and economic goals of the residents of the County. • • • The proposed change of zoning for the subject property would also 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. • • • 8 • • • 5 • • • • GOALS • Co IdentOr,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 •411 the agricultural industry in the County of Hawaii. • Rural-style residential-agricultural developments, such as new small-scale 41 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 LUPAG Designation: Orchards,which are defined as: "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 for this property is Agricultural, 20-acre (A-20a). The •• purpose of this application is to change the zoning from the existing Agricultural, 20- • acre (A-20a) to Agricultural 10-acre (A-10a). 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 application. • • 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 • • 9 • • i • 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. Thus,in accordance with Policy LU-3.8 of the Kona CDP: Rezoning Outside of the Urban and Rural TODs and Outside of General Plan LUPAG • • Urban Areas,the proposed rezoning for this property"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. Being located several miles from the shore,at an elevation of . over 4,300 feet(AMSL),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. i • • 8. Mountain Access: The subject property is surrounded by the regional roadway system. 5 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,acre parcel located near • the intersection of Keana'aina Street and Kaloko Drive at approximately the 4,300-foot • • elevation within the Kaloko Mauka Subdivision. It is identified as Lot 1,Block 12, • • 10 • • • • • • Increment 5 (File Plan 1434)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 inches. The soil is • Class"E"(poor)and too rocky for conventional agricultural uses. There are currently •• two residences with associated driveways on the property. • • 2. Lava Hazard Zone: The United States Department of the Interior/Geologic Survey •1 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 the 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." In fact,the property is nearly entirely covered by • the 1800-1801 Ka`upulehu `a`a lava flow,with the exception an approximately 50 by • 50 meter area in the northwest corner and a narrow strip in the eastern corner which • consist of portions of significantly older Hualalai flows. • •• 3. Distance from coastline: The subject property is approximately 9-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. • • • S. U.S.D.A.Natural Resources Conservation Service Report soil type: The soil survey • report classifies the soils within the property as predominately Puna Extremely Stony • Muck(rPXE),3 to 25 percent slopes,with small portions,less than 10 percent of the area, as Kona Extremely Rocky Muck(rKYD), 6 to 20 percent slopes. • • r 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,the lowest • • 11 • • S S soil productivity rating. Depth-limited soil material;color-dark brown;parent S 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"; S elevation-2,000 to 4,500 feet;machine tillability-unsuited for machine tilling. S S 7. Flood Insurance Rate Map(FIRM)designation:The subject property is Iocated in . Zone"X",outside of the 500-year flood plain. • S 8. Existing drainage ways or improvements: The property has no history of flooding and S there are no drainage improvements on the site. • S S 9. Air/noise/water quality: The air quality is excellent as there are no industrial uses in . the area and the normally occurring winds diminish the impact from the active volcano • at Kilauea 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, S • there are two DWS water meters on the site in relation to the planned subdivision and existing residential uses on the property. S S S Historic Resources: • S 10. Existing archaeological,cultural or historic sites features: The subject parcel is S located in the upper elevations of the Kaloko Mauka Subdivision,in a forested area • • between the 4,360 and 4,600 foot elevation and nearly all of the ground surface of the S property consist of portions of the 1800-1801 Ka`upulehu `a`a lava flow.There is no • record of historic sites on this property in either the National or State Register. The • lands of the Kaloko Mauka Subdivison in general are located within the area of a pre- • contact age,upland agricultural system that was the subject of a reconnaissance survey S and test excavations in the early 70's by Huehue Ranch,the developers of the • Subdivision. Additionally,the National Park Service published a report in 1991 • S entitled"An Ahupuaa Study:The 1971 Archaeological Work at Kaloko Ahupuaa, • North Kona." This study also identified remains of the agricultural field system, • S 12 • S S • • • primarly in the lower elevations but with some features being found in areas up to the • 3,500-foot elevation at certain locations. Based on the various archaeological surveys • conducted within the subdivision,sites discovered were generally found in the lower • reaches of the subdivision,below the 2,400-foot elevation,and none were reported on • the 1800-1801 Ka`upulehu'a`a lava flow in any of the previous studies. • • • A archaeological field inspection was conducted of the full property by ASM Affiliates. • The archaeological report found no archaeological features on the parcel and concluded • that,given the minimal soil accumulation on the property,the presence of subsurface • archaeological deposits would be extremely unlikely. Accordingly,the State Historic • Preservation Division issued a letter of"no-effect"regarding the proposed rezoning of • the subject property with a determination that"no historic properties(would be) •• affected"by the proposed action. Copies of the Archaeological Field Inspection • Report and of the SHPD letter of"no-effect"are found in Appendices B and C, • respectively,of this Report. • • Natural Resources: • •• 11. Existing floraUfaunal resources:The property is heavily forested. Vegetation on • the Ka`upulehu flow is dominated by`ohi'a(Metrosideros Polymorpha)with a few koa • (Acacia koa)and a dense understory of'ohelo(Viccinium reticulatum), pukiawe • (Styphelia tameiameiae),and hapu'u(Cibotium Glaucum)ferns and with occasional • strands of uluhe(Dicranopteris linearis). In the areas of the small kipuka near the • corners, the vegetation is more open and the surface covered with grass, although soils •• in these portions were extremely thin. S • 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 • 13 • • • • 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 i 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 S 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 protection and long-term • • maintenance and preservation of the native forest and forest ecosystem of the area. The applicant has also implemented a Forest Stewardship Plan for the property as part i • of an agreement with the Department of Land and Natural Resources,Hawaii Forest • Stewardship Program that was established to support native forest replanting and . management efforts,such as been implemented for the subject property. In 1989 and • 1990,in conjuction with the Forest Stewardship Program,over 2,000 koa trees were • planted at a coverage rate of approximately 100-trees per acre,such that today the • forest canopy on the property consists of 30%of the planted koa. A copy of the Draft • 4D Forest Management Plan that is proposed for the property is found in Appendix D of . this application. • • 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 • • • 14 • S • • •• affected by the proposed action. • • 13. Scenic or coastal resources: The property is located 9 miles east of the shoreline • and will not impact on coastal resources. As the subject parcel is heavily forested,there • are no view planes to be disturbed by the development of the property. Additionally, • with those anticipated conditions that would be imposed as part of the rezoning • approval related to buffers,setbacks and percentage of land to remain undeveloped, •• those structures that have been built on the property will remain well buffered from • neighboring properties and especially along the public roadway frontage. w • Social-Economic Characteristics: 411 • 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,especially in the upper elevations,and is covered with native forest. In the •• immediate area of the subject parcel,the properties remain largely undisturbed other • than the clearing for residential driveways and home sites. • • Surrounding lands: • • 16. Land use: While there are found some small pasture,agricultural plantings,and •• nursery areas within the Kaloko Mauka Subdivision as a whole,the properties • • 15 • • • • immediately surrounding the subject parcel consist of low-density residential lots with . minimal clearing of the natural forest. The State lands of Makaula-Ooma,which are • native-forest lands,abut the Kaloko Mauka Subdivision to the north from the • approximately 2100 to 3500 feet elevation. Mauka of the State lands,the Bishop • Estate lands of Kaupulehu abut Kaloko Mauka to the north from approximately the • • 3,500 to 5,400-foot elevation. These lands are currently being grazed by Hualalai Ranch. The Palani Ranch lands of Honokohau abut Kaloko Mauka Subdivision along • • 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. • I 40 a. Zoning of Surrounding Properties:Prior zoning approvals have established a • general pattern within the Kaloko Mauka Subdivision of generally 3-acre Agriculture • (A-3a)in the lower portions,below the 2,600-foot elevation; 5-acre Agriculture(A-5a) • zoning in the band generally between the 2,600 and 2,900-foot elevation; and 10 and • 20-acre Agriculture(A-l0a and A-20a)in the upper elevations,above the 3,000-foot • elevation. Consistent with this pattern,and as shown in the Zoning Map in Figure 4, • the zoning designation for the properties in the vicinity of the subject parcel consist of a • mix of A-10a and A-20a zoning,with several A-I0a zoned properties in the immediate • • vicinity of and adjacent to the subject parcel. In that the subject property is located the • general area where prior zoning approvals have established a pattern of A-l0a zoning • and is immediately adjacent to other A-10a zoned properties,the proposed A-10a • zoning designation for the subject parcel would be consistent with the pattern of prior 0 zoning approvals in the surrounding area. • • • • • • I 0 • • • 16 • • • • • • • • • • • • • • • • • • I A-3. • ! ;. • ' • • • FIGURE 4 COUNTY ZONING MAP •• JUVIK/MARKOVVITZ CHANGE OF ZONE APPLICATION • • 0 • • • D. PUBLIC FACILITIES AND SERVICES • • 1. Description of access: The access to the subject property is from Kaloko Drive and Keana'aina Street,a 22-foot wide paved roadway with 8-foot grass shoulders within • 80-foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway • approximately 5 miles below the subject property. The grass shoulders have proven to • • be an effective method of dispersing water runoff from the roadway and after 20 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 • lb 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 every two acres of the Kaloko Mauka Subdivision. • Currently, there are two existing DWS meters servicing the two residences on the • property and no additional meters are anticipated for the proposed 2-lot subdivision of • the parcel. Additionally, no water is contemplated for landscape or potential • agricultural uses as the annual rainfall is adequate for these purposes. • • • 3. Sewage disposal:The applicants will continue to use the existing DOH approved individual wastewater treatment systems that were installed with construction of the • existing residences. In that no additional residence would be constructed beyond the r existing residences,no additional sewage disposal systems would be required following • the rezoning and subdivision of the property. • • • 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 owners intend to continue 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 9 miles to the southwest of the site in Kailua and Kealakehe. • • 18 • • S • • • • More recently,the new Makalei fire station was built in the Kalaoa area off Mamalohoa • Highway,about 6.5 miles from the site. This is a fully staffed station with a six person • staff and with fire emergency medical response capability. All roadways to the property are paved,with adequate width and accessibility for emergency service • vehicles. • •• 6. Schools: The project site is located about six 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 8-miles from the subject parcel. i •• 8. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive and Keana'aina 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. • i • 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 zoning in place.This would • not allow development of one additional lot for residential and forestry use. Also,it • would not increase the real property tax base as the proposed action would. r • Additionally,it would not provide protection to the native forest and watershed resources,nor provide for any contribution to meet the local infrastructure needs that • would be 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 that would be implemented in the • form of conditions of approval with the requested change of zone action. • • 19 • • • • • • 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 applicants propose that the conditions that have been applied to other re-zonings in • the subdivision,and which are recommended through 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;and • g. A"fair share"contribution to mitigate any potential impacts will be paid. • • A copy of Council Resolution 58-97 is enclosed in Appendix E 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 proposed rezoning and subdivision of • • the property into two lots would cause no irreversible and irretrievable commitment of • • 20 • • • • • • • natural resources. The conditions proposed to be applied to this request would help • insure the protection of the native forest and natural habitat. There are presently no • such restrictions on the development or use of the property. • • • 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. • • • • • • • • • • • • • • • • • • • • • • • • 21 • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 22 • • • • • • • • APPENDICES • • • A. Change of Zone Map and Metes and Bounds • Description • B. Archaeological Field Investigation • • C. SHPD Letter of"No-Effect" • D. Draft Forest Management Plan • E. Council Resolution No. 58-97 • • F. List of Surrounding Property • Owners/Lessees • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Appendix A • • • Change of Zone Map and Metes and Bounds Description • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • e • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • S • • I • • • • • • • • • • • • • • • • #13786.1 JUVIK/MARKOWITZ PROPERTY REZONING LOT 1 OF BLOCK 12 • • • • • • JUVIK/MARKOWITZ PROPERTY REZONING • FROM A-20a TO A-10a LOT 1 OF BLOCK 12 • OF KALOKO MAUKA SUBDIVISION, INCREMENT 5(FILE PLAN 1434) • Land situated on the Northerly side of Kaloko Drive and on the Easterly side of Keanaaina •• Street at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. • Being the whole of: • Lot 1 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434); and •• Being a portion of: • Royal Patent 8214,Land Commission Award 7715,Apana 11 to Lota Kamehameha. • • Beginning at a 3/4 inch pipe in concrete(found)at the Northwesterly corner of this parcel • of land, being also the Southwesterly corner of Lot 2 of Block 12 of Kaloko Mauka Subdivision, • Increment 5 (File Plan 1434) and being a point on the Easterly side of Keanaaina Street, the • coordinates of said point of beginning referred to Government Survey Triangulation Station • • "MOANUIAHEA" being 9,322.66 feet South and 9,091.27 feet East and running by azimuths 4111 measured clockwise from True South: • • Thence,for the next three(3)courses following along the remainder of Royal Patent 8214, • Land Commission Award 7715,Apana 11 to Lota Kamehameha: • 1. 259° 45' 08" 677.43 feet along Lot 2 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434)to a point; • • 2. 2° 00' 680.00 feet along Lot 4 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) and along Lot 5-B of Block 12 of Kaloko Mauka • Subdivision, Increment 5 to a point; • #13786.1 Page 1 of 2 • WES THOMAS ASSOCIATES • —Land Surveyors— • 75-5749 Kalawa Street, Kallua-Kona,Hawa1196740-1817 • • #13786.1 JUVIK/MARKOWITZ PROPERTY REZONING LOT 1 OF BLOCK 12 • • S 3. 34° 30' 950.00 feet along Lots 5-B and 5-A of Block 12 of • Kaloko Mauka Subdivision, Increment 5 to a . point; • 4. 124° 30' 640,00 feet along the Northerly side of Kaloko Drive to • 314 inch pipe in concrete(found); • Thence for the next three(3)courses following along the Easterly side of Keanaaina Street: • Thence,following on a curve to the right with a radius of 50.00 feet,the chord azimuth and • distance being: • 5. 169° 30' 70.71 feet to a 3/4 inch pipe in concrete(found); • 6. 214° 30' 616.46 feet to a 3/4 inch pipe in concrete(found); • Thence,following on a curve to the left with a radius of 540.00 feet,the chord azimuth and 10 distance being: • 7. 192° 07' 34" 411.10 feet to the point of beginning and containing an • area of 21.220 Acres. 40 Ac, pL T. tq� WES THOMAS ASSOCIATES • •• LICENSED 9y � aer40‘77-47e67-uel'e — c..) •PROFESSIONAL LAND • * SURVEYOR * Chrystal Thomas Yamasaki • ier Na 4331 Licensed Professional Land Surveyor gWgllUSP State of Hawaii Certificate No. LS-4331 • • 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 • TMK: 7-3-048: 001 (3rd Division) • July 20, 2015 •4111 I • • • •• • • • • #13786.1 Page 2 of 2 WES THOMAS ASSOCIATES , —Lend Surveyors— • 75-5749 Kalawa Street, Kallua-Kona,Hawaii 96740-1817 • • • • • • • • • • • • Appendix B • • Archaeological Field Investigation • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • k'= • • affi I i atesl� • Archaeology-History-Ethnography-Architectural History • • July 24,2015 • Michael Vitousek,M.A. • Hawai`i Island Archaeologist • DLNR-SHPD • Email:michael.vitousek@hawaii.gov • Subject: Archaeological Field Inspection of TMK:(3)7-3-048:001,Kaloko Ahupua'a North • Kona,Island of Hawaii in Support of a Change of Zoning Application • Dear Mike: At the request of James Leonard,AICP,and in support of a change of zoning application,ASM Affiliates • conducted an archaeological field inspection of TMK: (3)7-3-048:001 in Kaloko Ahupua'a North Kona, • Island of Hawaii (Figures 1 and 2). The purpose of this inspection was to determine if undocumented historic properties exist on the parcel. The study parcel is located on the northeastern (makai) corner of Keanaaina Street and Kaloko Drive at an elevation ranging between 4,060 and 4,600 feet.Nearly all of the • ground surface of the parcel consists of an 1800-1801 Ka`upulehu `cell flow (Wolfe and Morris 1996; . Figure 3).One exception to this is an approximately 50 meter by 50 meter area in the northwestern corner of the parcel occupied by a kipuka of an older(5,000-10,000 years B.P.)Hualalai flow.The other exception • is a narrow strip of the eastern corner of the parcel, which consist of a Hual"alai flow dating between 750 • and 1,500 years B.P. • Previous archaeological studies have addressed the mauka extent of Kona Field System features in the • Upland-Forest Zone(2,000 to 5,600 feet elevation)of Kaloko Ahupua'a.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 100-meter by 100-meter sample units stratified by elevation,and the • highest sample unit (4,000 feet elevation) that they investigated was found to be culturally sterile. Additionally,a mauka-makai oriented transect between 3,000 and 5,600 feet elevation was also culturally S sterile; this transect passed within 20 meters of the current study parcel. 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." Cordy et al.'s(1991)model describing limited use of the Upland Forest Zone in Kaloko has been supported • by several archaeological studies conducted makai of the study parcel.No historic properties were observed during three studies(Rechtman 2003,2015;Rechtman and Rivera 2002)of parcels located between 2,900 • and 3,100 feet,and none were observed during two studies(Barrera 1998;Rechtman 1998)located between • 2,400 and 2,700 feet.Below 2,400 feet elevation,archaeological features are more likely to be encountered, but not always.An inventory survey by Puette and Dye(2003)recorded no archaeological sites on a parcel • located between 2,100 and 2,400 feet elevation,but field inspections by Rosendahl (1989a, 1989b, 1993) • of three parcels below the 2,200 foot contour identified four sites. The sites include a small terrace, a • modified outcrop,modified lava tube,and rock alignments and mounds.All of these sites were interpreted as either of recent origin or agriculturally related,and no further work was conducted at any of these sites. • Nees and Williams(1995)encountered lava tubes with Hawaiian burials,but also at these lower elevations of the Upland-Forest Zone. It should also be noted that no archaeological features were reported on the • 1800-1801 Ka`upulehu 'a`a flow in any of these previous studies. 2034 Corte 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 • www.asmaffiliates.com 4110 • s July 24,2015 • Archaeological Field Inspection TMK:(3)7-3-048:001 Page 2 of 8 • On July 12,2015,Benjamin Barna,Ph.D. and J.David Nelson,B.A.conducted a surface field inspection S of the subject parcel(see Figure 1).The boundaries of the parcel were clearly identifiable in the field using • OPS and existing survey flagging.The study parcel currently contains two houses,one built in 1987 and , one built in 1994(see Figure 2),both of which are accessed from Keanaaina Street via graded and partially- paved driveways(Figure 4). • • A thorough inspection of the 21.220-acre parcel was accomplished by walking transects that paralleled the parcel boundaries,working from the boundaries toward the center of the parcel. Visibility of the ground • surface,which consisted of broken 'a covered with moss(Figure 5),was fair to good.Vegetation(Figures • 6 and 7) on the Ka`upulehu flow was dominated by `ohi`a with a few koa and an understory of 'Nieto, • pirkiawe, and ferns, including occasional stands of uhrhe. In the kipuka and on the 750-1,500 years B.P. Hualalai flow,the ground surface was covered with grass(Figure 8)and the vegetation was slightly more open. Soils in these two portions of the study parcel were extremely thin. No historic properties were • observed anywhere on the ground surface of the study parcel, and given the minimal soil accumulation, subsurface archaeological deposits are extremely unlikely. • • Based on our field inspection,it is concluded that any future development of TMK: (3)7-3-048:001 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. S Sincerely, • •• • Bob Rechtman,Ph.D. i Principal Archaeologist S I I • • • • • • • • • S • • • S • • • • July 24,2015 • Archaeological Field Inspection TMK:(3)7-3-048:001 • Page 3of8 • References Citcd •• 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 Ahupuaa, North Kona, • Hawai`i. U.S. Department of the Interior,National Park Service. WACC Publications in Anthropology No.58. • Nees R.,and S. 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. • 2015 Archaeological Field Inspection of TMK: (3)7-3-026:003, Kaloko Ahupuaa North Kona. • Island of Hawaii in Response to SHPD Comment Letter on Change of Zone Application • 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. • Rosendahi,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. • Wolfe, E., and J. Morris • 1996 Geologic Map of the Island of Hawai`i. Geologic Investigations Series Map 1-2524-A. • U.S. Department of the Interior.U.S. Geological Survey. • • S S . S July 24.2015 Archaeological Field Inspection TMK:(3)7-3-048:001 4111 Page 4 of 8 • S 0 411 I f ' 5911f— -, tti- • 5 „.1.,-., - ., ..• ..,• ,, . ',•!:,itli . ... • „ .....,.. . _ ...._.... 0 •........„ „ it .. $,.., ., • ...., „--4 1,„ 11 • ...--, ______r________-- 5iiii i • ec`•'''''''' ‹c I •'.., 4: 1.,,f•a.;.. // . / , ./ '/„////•//t_ -' : kv ,e •1 '/1 0 / k1 4 , • J:' 1 // • • ,,,, ; hi ; .- 7. ' •"o / _c / / Iri / t ‘, as • n. 1: ... / /..., / / 4 .1., ,•:.,, .- 4 Q • c,),... -..,.__/ .,,,• -0 • . / 1' .,• = f -..., r Z • zn / i• 1 ,1 1 ..., ,/ . .. ;• ,• = • al 1h , • •ii = • ill! 'Ili ,_ 4/4. . •P ? C‘I,' 2.• ..= O •'—' • v s' Z• I ” • co • k c9. II •i C •• I 'c tt.. t e ; .,- ; 00 • .c.....,,,A 8 , r i I , . ,-, , •;\ • 1 r& • . ! ...." i r'l k g • • •k t 4 U l e's ! CI. • t 4 k 4 2 9 x I 12 I g — ',,, 4) • ‘.. • .._ . .. .....,.— lz., S S S S • • 1l, -+. Irl: • .Arc1 .eo]oncH 11c1c: I sp l;oii I ., 6. "..:.4, ilei • 1'l:'_C5of • _— • -i • • • i • It 4' • • 7 • y .. • • i' • r • A • �_______--__- • - - • �, • �,. • N • • i • N. 1. • ,,,\` / // :J • N • \\\\ • \ f/ :/. • N. 1 L • ���NN. // • \ .. • • A `t 2 • i • 4 .- • • 7,. • f i iY 'J • =, • • • • • • -,,!,...-.'...1/4,-.,.' ,.,::,,:c' .,c. c.. rig Ir;�.. .c , t.i.e _' • l'.,L-. f 0: • f 'D -:f 9 . V / • �_ /' ` / = r , ;is �titi" /' :ii.,*,.- ..- • • k: . / / t. .,, ,,,,_ ,...,., .... ,„, , , , ,. -„f I.. ,..., 0 • t.':- . ,,,, .,, . / .. / - . - / 4 . / .., s f f } • / , / f / J /ea / / • $.J 3 /. dtJ fi• P•.. • • 't . / J .rd e' / • �r . r f 't . .may <c+d r .aF saf. r ,' -:, • Figure 3 Detail of Wolfe and Morris (1996) geological map showing the current study- parcel relative to the I SO0-1401 Ka'upulehu 'Cr'ii flow (oranges • •a;. ON • 4. - • . • • • • •b G' Y� T • • . ,,,, .„.. $'3, s r s sem' '' • Figure 4. Drivevva> leading to the house. 'iew to the northeast_ • • • • • ;i' , _ • ` iiihner,I(,;_,L1 ,,1 tLIC'. Ii N.;:,lop, i �e}1 i i, 1).,,,; - 0; • • 40. • • tee, tin # s . • ik 4.,• 1.4 9 f ..9i.. t e , • • • • - ` sir's.: #f ', -,� . • , ' 'gy Yr •;." A; i,.,v.3 "j' ,.",..;•-•• .". '"I �v t'tltra. . ti • i.• .,'-., . �r, '" r;w !` �. { ie ''/t a A*• . #� �k 141.•s • t • dye-, Y • Figure S. Moss coy Bred ground surface on the Ka`upulehu 'a'a flow . iew to the east. 14%._,V...!':,:."'• y#� r2.7 y e r -a t t R • # • x - +T ,. . "@,75. i •5'?' .# .t, "3r • " • • i.# '7 far F l �. °' a 'ky-`,41 4. * ti J • • F• igure F. Ground coxer and vegetation on the Ka'upLI -lehu 'a'a flo«. view to the north. • • • • * 0 0 V ih;1,.....'10',.!J.,..:,!' / • \ • 0 • .,V 4,47'1‘4,,j ; -•.•:i.lig..-..Alltv,ttil 1 ,, .r • '" .,. • .- •_ , 14 n nr.-''.4 l'•' ' '.4,.-- . .''-;'• •-• . ;-..-; '; - " f- -, '•-ei "'..,,-*,,-, ?,,,.. ::.v .1-;* • , - ,-.*, -, -,-,:t•.: 7 - . . i..'. A.,. ..,,.; . . ' I . . . II • ., ........ . lir ... . . . . ,., •. .. • „ • ..._ .., , • ,. . . •. .. , ' 4,' • • • .. • • , .. 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' I ''-* - , t -- - e-^" ' ,r.. ..' • ,,, ,,,, , ,...7 ,-- ., , ,, ,...._ ., . ..., , • .... ,...,. _ ..... _ _. ._, . - - - ,,, . ., _ . . 1 . . ,. _ •Figure 8. Typical \cgctation and ground surface in kipilkit in northwestern corner of studs parcel. \!in\ :o the northw es-I 0 • • • • • • • • • • • Appendix C • • • SHPD Letter of"No-Effect" • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SUZANNE D.CASE 4111 DAVID Y.IGE < or p44:r.. CIRADDIMSON BOARD IN LAND AND NATURALRG9OURCTS GOVERNOR OF HAWAII 41'4.\060. CCRORSDON ONVATER RESOURCE WHAODIl7 • i;��q XEXOA XALLTRIWA • di,L jf j MIXT MINTY al .LF`l� 4:. 4 I'.i �' JEFFREY T.PATTERSON � l : warmer ` ,_ COADSSONON WRIMOURCE MANN: WENi CONSERVA47W ANDCO/3TAL lAMS CVSFJvA770.ATRRLSOl173 DROPC77AtNf • Villir STATE OF HAWAII IDNAPNWIUND /DUSTS C YAHDW DEPARTMENT OF LAND AND NATURAL RlW 'RESOURCES 4aH W FSERYA LUIODIAM GLANDDRPSFR�E COMMISSION LAND STATE HIS IORtC PRESERVATION DIVISION STATFEARKS • KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 • KAPOLEI,HAWAII 96707 • October 7,2015 • James M.Leonard Log No. 2015.03549 JM Leonard Planning,LLC Doc.No. 151OSNO3 • 1100 Ainalako Road Archaeology • Hilo,HI 96720 • Aloha Mr.Leonard: • SUBJECT: Chapter 6E-42 Historic Preservation Review— • Request for Determination for CIZ Application in Kaloko Mauka Kaloko Ahupua'a,South Kona District,Island of Hawaii • TMK:(3)7-3-048:001 • Thank you for the opportunity to comment on your request for a determination regarding historic properties on the • aforementioned parcel, which was received in our office on September 4,2015. According to the application, the • owners of the 21.22-acre parcel are requesting the County of Hawaii rezone the parcel in order to subdivide the parcel. • A review of our records indicates that there has been no archaeological inventory survey(AIS)completed for this • parcel. SHPD requested that an archaeological field inspection be conducted by a qualified archaeologist on the • project area. In a letter report dated July 24, 2015, ASM Affiliates documented their completion of the field inspection and that absence of any surface historic properties within the parcel.They also reported that the evidence • of minimal soil accumulation in the area indicates the presence of subsurface archaeological deposits is unlikely. • Based on current information,SHPD's determination for the proposed rezoning is no historic properties affected. • Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile�irlHawaii.gov if you have any questions or • concerns regarding this letter. • • Aloha, • StAta,v, A .Wry • Susan A.Lebo,PhD • Archaeology Branch Chief • Cc: Duane Kanuha,Planning Director(planning hawaiicounty.gov) • • • • • • • • • • • • [Page intentionally left blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Appendix D • • Draft Forest Management Plan • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • S • • DRAFT FOREST MANAGEMENT PLAN S • • For • James&Sonia Juvik Trust and Hal &Krista Markowitz Trust Property 1111 • Lot 1, Block 12 • Kaloko Mauka Subdivision, Increment 5 • • Kaloko, North Kona,Island of Hawai'i • • • TMK:7-3-048:001(3rd Division) • 21.220 Acres • • • I • Prepared by: • James 0.Juvik,Ph.D • Pacific Environmental Planning • 223 Makani Circle,Hilo,Hawaii 96720 • • • • April 2016 • • • • • • • • • • • • • • • 0 • (Page Intentionally Left Blank] # •• • • 0 • • • • • • S 0 0 S • r • • S • • • • • • • • w • • • • ii • 0 • • • • Juvik/Maskowitz Property- Draft Forest Management Plan . • Table of Contents • Page • • I. INTRODUCTION I • A. Purpose 1 • B. General Description of Property 1 • C. Soil Composition 1 • D. Description of Forest Vegetation 6 • E. Management Objectives/Considerations 6 • II. MANAGEMENT PLAN 6 • A. Forest Protection 6 • 1. Fire 6 • 2. Insects and Disease 7 • 3. Animals 7 • 4. Weeds 8 • B. Timetable for Action 8 • 1. Annual Visits for Compliance and Support 9 • C. Reserved in Perpetuity: Forest Reserve Easements 10 • &Special Setbacks • • III. OTHER CONSIDERATIONS 10 • A. Best Management Practices 10 • B.Sources of Information and Assistance 11 • • • FIGURES AND APPENDICES • • FIGURE 1: Location Map, Island of Hawaii 3 • FIGURE 2: Kailua Quadrangle Map, USGS 4 • FIGURE 3: Conceptual Site Plan 5 • • APPENDIX A: County of Hawaii, County Council Resolution No.58-97 • APPENDIX B: Natural Resources Conservation Service Soil Survey • APPENDIX C: Best Management Practices for Maintaining Water Quality in Hawai'i, • Department of Land and Natural Resources, Division of Forestry and Wildlife, • State of Hawai'i (February 1996) • • iii • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • S • • • • I • • • • • • • • • • • iv • • • • • • • • • i. INTRODUCTION •• A. PURPOSE This Forest Management Plan(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 411 reference as APPENDIX A of this Plan) • B. GENERAL DESCRIPTION OF PROPERTY • • This 21.220 acre parcel situated on the north-east corner of the intersection of • Kaloko Drive and Keana'aina Street. is known as Lot 1 of Block 12 of Kaloko Mauka • Subdivision, Increment 2 (File Plan 1010). The overall shape of the lot is basically • rectangular. The approximate elevation is between 4,300 feet and 4,600 feet, and • the property is roughly 6.1 miles mauka from the intersection of Mamalahoa • Highway and Kaloko Drive. There are currently two residences on the property with • associated access driveways from Keana'aina (See Figures 1, 2, and 3) showing the • location and topography,and site plan for the property.) • C. SOIL COMPOSITION • • More than 90% of the property is covered by largely un-weathered a'a lava from a • historic 1801 flow emanating from a mauka vent on the slopes of Hualalai Volcano. • According to the Soil Survey for the property,the small remainder of the property,in • the northwestern and eastern corners of the property, fall within the Kailua • Quadrangle, Kona Series soil (rKYD). Kona series consists of well-drained, thin, • organic soils over pahoehoe lava bedrock. Kona soils are used for pasture and • watershed. The mean annual soil temperature is between 64 and 66 degrees. • Permeability is rapid, runoff moves rapidly through the cracks of the lava, and • erosion hazard is slight. Roots are typically matted over the bedrock or extend • penetrate to a depth of 2 feet or more in the cracks of the lava. (Copy of the Soil • Survey Map and Report for the property is found in Appendix B with this Plan.) • • • • • 1 • 0 • • • D. DESCRIPTION OF FOREST VEGETATION • • Although Koa (Acacia koa) forest is generally the dominant vegetation type on • older, better developed soils in this attitudinal zone in Kona (4,000-6,000 ft), the i typical early successional forest over story on historic or young pre-historic lavas in • this mauka Kaloko area consists predominantly of mature ohia trees (Metrosideros • polymorpha), with an under-story species is hapu'u (Cibotium glaucum) forming a . dense tree fern sub-canopy. On 1801 lava that covers the subject property there is • virtually no developed soil and conditions are largely unsuitable for hapu'u. • Therefore the fern sub-canopy is replaced by the native sub-alpine shrub Pukawaie (Styphelia tameiameiae), which can survive with reduced soil moisture. Koa Trees • are also present on small areas of the property off the 1801 lava flow. 0 0 Beginning in 1989 the current land owners in cooperation with the Hawaii State • DLNR and cost-sharing from the Federal Natural Resources Conservation Service S (NRCS) began a program aimed at re-establishing the native koa forest on the • property. Koa seeds collected from trees on the property were germinated, with • seedlings raised (to 3 ft tall) in a medium including enhanced moisture storage • additives before out-planting. Approximately 100 trees/acre (more than 2000 in • total) were planted in the existing ohia forest over the 1989-1990 period. Today, • more than 25 years later (2016) the existing forest over-story on the property is • approximately 70% 'ohia (40-50 ft in height), and 30% planted koa with DBH (trunk IIII diameter at breast height)ranging from 5-18 inches. • • Other native plants common on the property include the ie'ie (Freycinetia arborea) both on the ground and climbing on the ohia trees, ho'awa (Pittosporusm sp.), • mamaki, (Pipturus albidus), pilo (Coprosma spp.), kawau (Ilex anomala), kanawao • (Broussaisia arguta), kolea (Mysine sp.), olomea (Perrottetia sandwicensis) maile • (Alyxia oliviformis) and ala'ala'wainui (Pepperomia sp). Significant invasive alien • species that occur on the property include the vine "Banana Poka" (Passiflora • tarminlana) and Himalayan (Kahili) ginger (Hedychium gardnerianum), a species 0 commonly planted as an ornamental by land owners at lower elevations in the • Kaloko mauka subdivision. • • • • • • •• 2 • 0 0 • • • ' moo= • • _.__ f • ' xeahote-Kara € &M__ • :t)tbis e Cowee t• Airport Juvik/Markowitz • • Property • • lkAEttOt I"ii -k., °3 • AMttPUA A • • +y$ KOMANNIG P Y • r$ s 4 A St K oI o Su vismn • . 111 `, U t ma 2 A • • , .` • IR�� • HordU UTA 3 ASA A • lik • IS aIMPIAta1NAP 2 I A1/4/001,1A A • x R 1..., }iE ttms.CM r APO)t • Regional Location • • Island Location • •• FIGURE 1 • ISLAND AND REGIONAL �' • LOCATION MAP• Hawaii • JUVIK/MARKOWITZ PROPERTY c • i • FOREST MANAGEMENT PLAN • • • • . „_. , ,,,,," , ...-• / • ., - \ , . 1)Jtiv!k.Ma, rk .. , _A- A. A __ - • ,.. . „A_____. , _ __ .. ..--' „._, ' - A • ,, ,._. ..... -_ ..., ,.. - . -- \-- - • : -, Fo ei, IVIa_ _., f n 4 - - nt,- ,, ... P Ian-- - - -r-.. . ...... - . . I • s., f..............-- ,....----- a .jp wii'• , ....„. : . • , - „... . . , „....- . , ion , ....., . - .• - -- _ _ 1 • • .,..__. ., I .. • ... . -- / 19 rp..21 - g: ,,.. ., a -raAina .0u- MA a. ;111, _._ 9 _ • ' -- liN i . • .. ._A .. *-, — , , „.• \ , , 7 . ,.... . , .No . " Alk I A -.... - • ( , 1, ,- - --;. ....,::,..,,, /L. \ ,... .....\ .... ! • i 1 tluyik/Markowitz ,, ,-, _ • . Proper ;t ‘rty , ''' ' . / • , ,--\. • /,- . ...- •. , , . . ,. ,.. .. -` \--,.. , •-- , -X,. • , ,... ,. .., / ,..- X / ‘ r /' • 0 ill --' .- \ .' ..." ' '' • ,./.' • i1..' - , ,..1 ---- ..,-- --, ..4_, ..../ / \ ,-, , . .. , ./. - 1 ,0/ • ..---1-, -- - -— ---4y __, \ /, i.--/ ._.- ''''' I \ ''' • / -.... 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'' ,' i--c":„..:....„---- , ..„,..-- ... 1 / X ,,>\ ,-- /r--)L------''')(' • ..., , „-- , , , X ,,„ ,-- - _„--- „-- 1 ../ / s / 0-- ._ • ..• -- .,..„..,,,,,,Y , ..-- - --- .„, . ....-- . ...• _ ,,,. , ..1 „...._ ---r,- . _.t„, -._.. , ,J \....„. • ..„-- .....„. , .L.... , .„ ,....,, , , „,- . ,_ .... \\..... „_-- -- 7 • _, , .._ ,....- __, , ...., .., .. .....„----f.,... ._ .........____ • , ...„. ,, 7 , , .7 .„ • ...- /- ..._ , . ..„-- ----/...., ---,1 • / • / •-' ,/ ../ _--'''' \___----/- ...4 ...\-•"--. • ..-- 7- ! ,...-„- ----- "-- i ' "-- • . ....-7- . ,---- /4- .,..,' / : ' -----------LN 05 ,..... • .....„- ..„, .. .......... 401\S: .2 ! Figure 3 Site Plan J 't3 ` t {` 1111 ,,a4 h It a • \• • 1 1 Juvik/Markowitz Property ,� g '3 • { .i Forest Management Plan ` -j • . • i • ` ��i • -1 ! t'I *_ • t0o y • W o 1- W Y •• sji ' 0 D d 2� ° o • 2 0 _ !-, ►y m `o • ,'p. La Et ut4 C u t YCI m Q 0 O h• j t! \ .� \ :rS,"` t W 2$ n CL 14 41r ! v\` ii/ i (XH 'c ° O Q 4 YC+ / 4CV YU iY o • ' � ice/ k t 'jj Q 1 N w Q c it Y ! Ex. Q. O • _u s , - I- s0 m h �- i a i * '�a 64.- YC }i oh c o ,• I `� J^ a ;'- , 1 c • IIco t h -�R t • ,. e •• Y ICS • r1 t- # ilii • ! , Ra`t • It • ," ' ` J i • _r♦ _ wv Aj Ltiw. -w....♦ � 34(80 07107Y1 0.p' • 1 • 2a1,jq • t i4 • 1 1 s' 6 t Y. ! t�% e ! f` . • I i li it • • S • • • • E. MANAGEMENT OBJECTIVES AND 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 an cleared or grubbed areas in excess of 20%within the • subject property shall be substantially implemented prior to the issuance of final subdivision approval;and I 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. • • • ll. MANAGEMENT PLAN • 410 A. FOREST PROTECTION • • In as much as an intact native ohia/koa forest already exists upon most of the • subject parcel forest management area and the owner's objective is to perpetuate • the native forest cover. Discussions and management recommendation shall focus • on forest protection for the subject property including fire, insects and disease, • animal and weed/alien invasive species control. • 1. Fire 41. Fire hazard is determined to be low due to the absence of accumulated light and 41) medium fuel such as dead grasses and brush. Maintenance of roadside areas to • alleviate potential buildup of grasses is recommended. Debris and trash burning • 6 • S 41 • • • • should be avoided within the property during dry periods; in addition, during • periods of a "No Burn Policy' issued by a federal-state-or-county government • advisory or warning,the practice of debris and trash burning shall be suspended. • 2. Insects and diseases • No evidence of insect or disease problems has been observed by the owners. •• Vigilance should be maintained for signs of potential problems such as de- • foliation,dying of portions or the 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 of Hawaii Department of Land&Natural Resources- • Division of Forestry&Wildlife can be contacted with a request for inspection and • recommended action. The current spread (2015-2016)of"Rapid 'Ohia Death" • on the island of is observed. Hawaii caused by an aggressive fungus(Ceratocystis •• fimbriata)has yet to be detected in the Katoko mauka area but property owners • must remain vigilant in quickly informing authorities if'ohia decline. • • 3. Animals • Common native Hawaiian birds that inhabit the area include amakihi, apapane, i elepaio, l'iwi and Hawaiian short ear owls. The federally endangered Hawaiian • hawk and Hawaiian hoary bats also occur within the mauka Kaloko area. • • Wild birds, including turkey, kalij pheasant, erckel, francolin, lace necked dove, • California quail, mynah, both house and saffron finches and alien parrots can • also be encountered within the upper Kaloko forest. While the control of these • highly efficient spreaders of weed seeds is limited and/or impracticable, • practices such as feeding them should be avoided so as to not make them • congregate in the vicinity. • Alien mammals including feral pigs, mongoose and both brown and black rats • can occur in the area. Some of these alien mammals can represent significant • threats to native ecosystem integrity. Although traces of pigs occasionally • noticed when walking the property, there were no signs of significant impact as • of yet. However, these feral pigs and alien mammals can be managed by live • • 0 • 7 0 • • • • traps, as necessary. Rats are trapped periodically around existing residences on • the property. • S 4. Weeds • To help promote forest health, alien weeds can be controlled to protect the native ecosystem on the parcel and to prevent alien spread to neighboring , parcels. A high degree of control can be achieved by cutting and/or pulling up • the roots of weed species such as Kahili ginger. Grasses and alien herb removal • can be carried out by hand or hoe or an appropriate application of approved • herbicide. • Banana poka vines need to be controlled and ultimately eradicated. The vines • should be cut and the aerial portions left in place to dry. Lateral sections need to S be traced to its stump,cut and coiled and hung out of contact with the ground so • it won't re-root. The stumps should be treated with an herbicide. Significant 40 removal of Banana poka has taken place by the owners over past decades, but • repeat infestations demand ongoing and future control efforts. • S Continued diligence in follow-up monitoring is essential to control weed • encroachment in a timely manner to avoid re-infestation. Since an intact native . `ohia/koa forest already exists on the property, it's the owners' objective to • perpetuate the native forest cover and focus on forest protection, enhancement • and restoration where indicated. • B. TIMETABLE FOR ACTION • • • The timetable for active management of the invasive plant and weed species both on the roadside and within the property has been ongoing over the past decades • and will continue to occur on an as-needed basis when field conditions so require • and are consistent with the implementation of the approved forest management • plan. This can be implemented by hand and tool removal of the invasive species and S the use of state and federally approved herbicide.Additionally,native replanting and • transplanting to fill in the gaps will occur on an as-needed basis consistent with the • implementation of the approved forest management plan. A timetable of every , three to nine months for each of the individual 10-acre lot owners will focus on the • most susceptible area of the roadside frontage, where invasive species have been • seen. The two existing houses and driveways are in place, and the vegetation is • managed (monthly) on an ongoing basis to preserve the health and viability of the • native forest ecosystem around existing structures. Since much of the parcel is • • 8 • • • 0 S S • untouched by human activity and in largely pristine condition (save for occasional • feral pig disturbance), these largely undisturbed interior areas have been and will • continue to be monitored for invasive species on a semi-annual basis or when field • conditions so require. The estimated time required to complete removal of invasive species along the • roadside and the interior is about 1 year. Follow up will be ongoing or on an as- • needed basis when field conditions require, consistent with fulfilling the forest • management plan required by Hawaii County Council Resolution No.58-97. 411 • The feral pigs are not much of a problem right now; however,they can be trapped if • they become a problem. • 1. Annual Visits for Compliance and Support • The landowners will commit the bulk of this property to the maintenance and enhancement of the existing native forest ecosystem,through adoption of forest • management practices recommended in this plan and as may be recommended • from the Service Forester of the State of Hawaii, Department of Land & Natural • Resources — Division of Forestry & Wildlife (DLNR-DoF&W), and Soil • Conservationist of the U.S. Department of Agriculture and Natural Resources • Conservation Service (USDA-NRCS). In addition, only when an appointment • cannot be arranged with the state Service Forester to conduct an on-site • performance visit and consultation, an optional consultation may be requested • and arranged with the federal Soil Conservationist of the U.S. Department of • Agriculture and Natural Resources Conservation Service(USDA-NRCS). • The landowners agree to permit the State DINR-DoF&W and the federal NRCS according to the criteria stipulated in the above preceding paragraph,to conduct • on-site performance visits of the parcels subject to the officially approved Forest Management Plan. The purpose of the official state of federal government visit • is to prepare a performance and progress report on the implementation of the forest management plan to the subject property. The site visits are to be made • at a mutually convenient date and time. • • During the effective 50-year period of the forest management plan, the • respective landowner(s) are responsible to contact and arrange the site visits • with the State of Hawaii DLNR-DF&W or the federal NRCS. Beginning from the • plan's official recordation date with the State of Hawaii — Bureau of • Conveyances, performance visits are to be made at three year intervals. • 9 • • • • • • Finally,it is the responsibility of the respective landowners to follow through and • ensure that the state or federal performance — progress report on the forest • management plan is submitted to the County of Hawaii Planning Department. • • • C. RESERVED IN PERPETUITY:Forest Reserve Easements&Special Setbacks In compliance with Council Resolution No. 58-97 the following three easement and • • special setback classifications shall be reserved in perpetuity on the subject property and the proposed agricultural subdivision for the purpose of protecting and • maintaining naturally forested areas: • • A 100-foot wide "forest reserve easement" along the existing roadway frontage of • the subject property,exclusive of the county permitted access point; • S A 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot • easement. • • 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. • • Including the area comprising the forest reserve easements and special setbacks, described above, no less than eighty percent (80%) of the entire lot area of each . subdivided lot (the "Forest Reserve") shall be retained in forest, as delineated in • Item B of Council Resolution No 58-9. For the purpose of this Plan, "Forest" shall • mean any and all indigenous, endemic trees and plants growing on the property or • the subdivided lots as of the County of Hawaii Planning Director's approval date of the forest management plan or thereafter. • • • III. OTHER CONSIDERATIONS • • A. BEST MANAGEMENT PRACTICES • According to Council Resolution No. 58-97, item D.1 of the Resolution requires the • forest management plan for the proposed lots of the subject property. At a • minimum, this management plan is to include the best forest and reforestation • practices, program for implementation and other applicable forestry management • • 10 • s • • • • criteria, including those of the State DLNR(e.g.,the Forest Stewardship Program) or • the Soil Conservation Service Management Program. Figure 5 includes, as a part of • this forest management plan,a copy of the State DLNR-DoF&W's document on"Best • Management Practices for Maintaining Water Quality in Hawaii (February 1996), or •• the current edition in use by OLNR. 0 • B. SOURCES OF INFORMATION AND ASSISTANCE • • 1. Service Forester—State of Hawaii Department of Land and Natural • Resources—Division of Forestry and Wildlife(DLNR-DoF&W) • Service Forester(808) 974-4233 • Admin Office(808)974-4221 • • 2. Soil Conservationist—U.S. Department of Agriculture—Natural Resources • Conservation Service (USDA-NRCS) • Phone (808)933-8367 • • 3. State of Hawaii Department of Agriculture-Plant Pest Control Branch • 4. University of Hawaii at Manoa—College of Tropical Agriculture&Human •• Resources—Cooperative Extension Service(UHM-CTHR-CES) • 5. State of Hawaii Cooperative Extension Service • • 6. County of Hawaii Real Property Tax Office(Native Forest Dedication • inquiries) • • 7. James Juvik, Ph.D,land owner and ecologist/environmental scientist. • • 8. USDA detailed Soil Map • http://www.ctahr.hawaii.deu/soilsurvey/Hawaii/maps/kailua/map • 0 4110• • • • • 11 • • • • • • • • [Page Intentionally Left Blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 12 • • • •• Appendix A (2) • .luvik/Markowitz Property • Forest Management Plan • 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 l0a 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 )u::lic street frontage to provide an additional buffer. • • EXHIBIT • , • • • C C • • • • 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 covenants}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: • I. 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 ti earest management plan or the recording of • the restrictive covenant(s), the refc;estation program for any cleared or grubbed • • • • • • • 0 C • • • • • 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 5O 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-10a zoning • requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot • elevation and include the aforementioned conditions with such recommendation provided that • the other goals,policies,and standards of the General Plan are met. • BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this • resolution to Stephen K.Yamashiro,Mayor,Kevin Balog,Planning Commission Chairman;and • Virginja Goldstein,Planning Director. • • Dated: Hilo,Hawaii,this 2nd day of June , 1997. • • INTRODUCED : : • ,z <, • /i,ri/ er6r• // AY • g ' s IP i:ER,COUNTY OF HAWAII • • BJLT/CES • • • • COUNTY COUNCIL ROLL CALL VOTE • County of Hawaii AYES_ NOES ABS EX • Hilo,Hawaii ARASAKI X CUUNG X • I hereby certify that the foregoing RESOLUTION was by the LEn'UEAD-TODD X sae indicated to the right hereof adopted by the COUNCIL of the RAy X (runty of Hawaii on June 2, 1997 • REYNOLDS X *MST: SANTANGELO X • s X TYLER X • Or / 1 —IiSi3UNG X • 8 0 1 0 Reference C-219.0 4/PPC-53 tO • UNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 58 97 (DRAFT 3) • • • • • [Page intentionally left blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . .., • . . . 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MIMMIMIIIMMIMIMIG.L.-----"-,...= :`,:, 0 35 140 71:2 , .:- • 10CMMIONNIMIONINIIIIMINC . ) 210 • 6-J3 °Map rAT.je,.-ticri:Web Mermtor Comet mxii-e1e...-:,1':-.3-5-S4 Enke Ocs•L M-1 23,37 5':V.)1215.33.1 • Natural Resources Jeb SoSurvey 2016 412 mon Conservation Service il National Cooperative Soli Survey , ' Page 1 of 3 • • . . co M• o oAO = O c c N ' or--N`v mo ` i03cc ~ mm • u° UmocF. om a. m mU 'E - > t = - Y y • • CO - 3cfl Z m U ••- 8; 2 6 m m `m O c =C l0 C CG m N f) m3 m N L U 0 y t) O > Q i• N m � m mCi O L _-0 L N N a n " N m ITis v NS p,E0 Q p • Q -c ° SNE m oya N0 , S e - m8O 0 o ti° a) ; � iTs CL c• Q as yyaym om • E "3m u - @ Uo om c m m m Q a, a - N >O 0 m ocmT > Yoo (i)33 ` 6d ° m o m� mm y c0 ° c a) m o Is ~E _� a o f ^. m • Z - • .0 o0 4u ai 0. om0a oc a w 0 CO o. o m E aN c c.5m =,_ w cam ` .0cyo aO0— E 2_,..,a, oama0 lo a E^ O >. ▪ v m co « N; • • Soil Map—Island of Hawaii Area,Hawaii JuviklMarkowitz Property-Sal • Survey • • • Map Unit Legend • • island of Hawaii Area,Newell(H1801} • Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOi 113 Puna-Lava flows complex,l0 to 17.3 97.8% • 20 percent slopes • 149 Kona-Napoopoo complex,10 to 0.4 2.2% 20 percent slopes • Totals for Area of Interest 17.7 100.0% • • • • • • • • • • • • • • • • • • • • • • • • • • • • i t15pq Natural Resources Web Soil Survey 4/12/2016 • Conservation Service National Cooperative Soil Survey Page 3 of 3 • • • • • • [Page intentionally left blank] • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •lppendix C, Juvik/Markowitz Forest Management Plan :d1nr.hawaii.gov/forestry/files/201 3/02/Hawaii3/02/Hawaii-BMP.pdf] • • • • • • BEST MANAGEMENT PRACTICES • • FOR • i MAINTAINING WATER QUALITY • • IN HAWAII • • • • /;,R • • • • • • • • • • • • • • • • • State of Hawaii • Department of Land and Natural Resources • Division of Forestry and Wildlife • February 1996 • • • • S • • • • • • • • Appendix E • • Council Resolution No. 58-97 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • [Page Intentionally Left Blank] • • • • • ••• • • • • •• • • • • • a • • • • • • • • • • • S • • • • • • ' . • Q • - • • 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 •x lic street frontage to provide an additional buffer. • • EXHIBIT • ' • • (:) 0 • • - • • 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. r 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 0 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 Iand 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 t),e "crest management plan or the recording of • the restrictive covenant(s), the refc:estation program for any cleared or grubbed • • • • • • • • • . (1) 0• • • 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-10a zoning • requests for only those parcels within the Kaioko 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 : :, ,,• • Aori, w 44/ 7doc- .‘- / • • IL 'I t:ER,COUNTY OF HAWAII • • TULT/CE5 • • • • COUNTY COUNCIL ROLL CALL VOTE • County of Hawaii AYES NOES ABS EX • Hilo,Hawaii ARAM= X CHUNG • X • I hereby certify that the foregoing RESOLUTION was by the t rrfEAD.Tona X ,te indicated to the right hereof adopted by the COUNCIL of the RAY X dainty of Hawaii on June 2, 1997 • REYNOLDS X *WEST: SAN1ANGELO X • M H X TYLER X • # It YAG4NC X • 8 0 1 0 •44p..„,,o2 tie Reference C-219.04/PC-53 OUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 58 97 (DRAFT 3) • • DEPARTMENT OF PUBLIC WORKS 7616 RN 7 p 7 11 COUNTY OF HAWAII HILO, HAWAII PLANNIPN(', DFMRTMENT COUNTY OF HAWAII DATE:June 6,2016 Memorandum TO Duane Kanuha, Planning Director Planning Department FROM: Ben Ishii, Division Chi At Engineering Division SUBJECT : Change of Zone Application(REZ 16-000206) Applicant James and Sonia Juvik Request: A20a to A-10a Location: Kaloko, N. Kona TMK: 3/7-3-048: 001 We reviewed the subject application for change of zone from A-20a to A-10a 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 105770 Planning Dept. Exhibit. �/ of ATE,' ' . a Cc +a w3 i ' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII A I ' 345 KEKOANAa'A STREET, SUITE 20 • HILO, HAWAII 96720 ,►w oFa TELEPHONE (808) 961-8050 • FAX (808) 961-8657 May 24,2016 r- oz 3 TO: Mr.Duane Kanuha,Director c=Z Z. —c77 ,� Planning Department :n o FROM: Keith K.Okamoto,Manager—Chief Engineer rn-= 3 C SUBJECT: Change of Zone Application(REZ 16-000206) " �m Applicant—James and Sonia Juvik Z cn Request—A-20a to A-10a —I Tax Map Key 7-3-048:001 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 4-inch waterline within Keanaaina Road fronting the subject parcel. The subject parcel currently has two(2)existing 5/8-inch meters,which is limited to an average daily usage of 400 gallons,and suitable for only one single-family dwelling. Therefore,we have no objection to the proposed Change of Zone as there are existing services available to each of the two(2)proposed A-10a lots. The Department will note that,depending on the configuration of the two (2)proposed lots,the applicant may be required to relocate one of the existing meters so that each meter fronts the appropriate lot. Should the relocation of any meters not be necessary,the applicant shall inform the Department, in writing,which lot each meter will be assigned to. The relocation or assignment of the existing meters can be done during the subdivision process. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, 6141411 Keith K.Okamoto, E. Manager-Chief Engineer TS:dfg copy—Mr.James and Ms.Sonia Juvik . Water, Our Most Precious source. . . 7(0 WaiA 7(jne. . . 105591 P I a n n i n g Dept • . . The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit. ♦j William P.Kenos • ws', Darren J.Rosario Mayor .r The Chief r ,- 19R? ?F Pm 2 91 Renwick J.Victorino • Pep The Chief ' `'�' r- Pepin), Nj i(r�l� L` '-.i i 1 HENT COUNTY Oi= NAWi l Coultxp 0fTOatuaigi HAWAII FIRE DEPARTMENT 25 Aupuui Street•Suite 2501•thin,Hawaii 96720 (808)932-2900•Fax(808)932-2928 May 26,2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000206) Applicant: James and Sonia Juvik Request: A-20a to A-10a Tax Map Key:7-3-048:001 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note:Hawaf'i State Fire Code, National Fire Protection Association 2006 version, with County of Hawari amendments. County amendments are identified with a preceding "C-"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General.Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature,or where special hazards exist in addition to the normal hazard of the occupancy,or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing,and the AHJ may require additional safeguards including,but not limited to,additional fire appliance units, more than one type of appliance,or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access.Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Nth w4,•slivr \_ 11, Planning Dept. 0 5 6 0 7 � m � Hawaii County is an Equal Opportunity Prouider and Employer. Exhibit Duane Kanuha May 26,2016 Page 2 C—18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception:Fire Department personnel conducting firefighting operations,hydrant testing,and/or maintenance,and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2*Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2,shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads.(*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways,fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one-and two-family dwellings or private garages,carports, sheds,agricultural buildings,and detached buildings or structures 400ft2(37 m2)or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha May 26,2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways,nonnegotiable grades,or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m)from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads.More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion,condition of terrain,climatic conditions,or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet.Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected.An approved turn around area shall be provided if the FDAR exceeds 250 feet. C—18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C-18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus,and approved signs are installed and maintained indicating such approved changes. Duane Kanuha May 26,2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C-.18.23.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet,and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends.Dead-end fire department access roads in excess of 150 ft(46 m)in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road,it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.23.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.23.4.6 Grade. C-18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s)shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m)or the design limitations of the fire apparatus of the fire department,and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m)beyond each edge of the fire lane. Duane Kanuha May 26,2016 Page 5 18.2.3.4.7 Traffic Calming Devices.The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ,approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner,including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails,or other accessways not including public streets, alleys,or highways. 18.2.4.2.2 Where required,gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads,trails,and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Duane Kanuha May 26,2016 Page 6 18.2.4.2.5 Locks,gates,doors,barricades,chains,enclosures,signs,tags,or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked,destroyed,tampered with,or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1*A water supply approved by the county,capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings,or portions thereof,are hereafter constructed,or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm)from a water supply on a fire apparatus access road,as measured by an approved route around the exterior of the facility or building,on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings,or portions thereof,are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings,or two private garage,carports,sheds and agricultural.Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2*Where no adequate or reliable water distribution system exists,approved reservoirs, pressure tanks,elevated tanks,fire department tanker shuttles,or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location,number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both,in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ,fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Duane Kanuha May 26,2016 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing,and maintenance,in accordance with the respective county water requirements.Records shall be made available for review by the AHJ upon request. C-18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet,shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001-3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings,3001-6000 square feet,shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings,greater than 6000 square feet,shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections(FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting,such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water,the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC)shall be as follows: a) 4"for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3"for ductile Iron; d) 3' for galvanized steel. Duane Kanuha May 26,2016 Page 8 3) The Fire Department Connection(FDC)shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch,National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches,and no higher than 36 inches from finish grade,as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations.Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part,but not less than 20 feet,of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC.Each FDC shall be independent of each other,with each FDC being capable of flowing 500gpm by engineered design standards.The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once,in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality,and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings,storage sheds,and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings,agricultural buildings,storage sheds,and detached garages 800 to 2000 square feet in size,and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings,agricultural buildings,and storage sheds greater than 2000square feet,but less than 3000 square feet and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 500 feet. Duane Kanuha May 26,2016 Page 9 5) For buildings with an approved automatic sprinkler system,the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at(808)323-4760. DARREN J.ROSARIO Fire Chief CB:ds • .46 O F N.1- £UZAJQIt D.CASE DAVID Y. ► 0 69,4 CIUIREER.SON Oov[uroRorHAWAII 4 :'1/4 4.1.,.: - SOARDo,LAND MCD NATURAL RESOURCES COMMISSION �1r =SOURCE LINACESIENT u 1111-4.MIA , n t STATE OF HAWAII .gpawto► DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96R09 May 18,2016 • • MEMORANDUM ' 0 DLNR Agencies: .--t7 ' r;p Af' _Div.of Aquatic Resources -4G- pr's,. Div.of Boating&Ocean Recreation7 70 w o L X Engineering Division oma'^ • _Div.of Forestry&Wildlife (-07, Div,of State Parks 911 7,1:, o CommissionFf.cw on Water Resource Management (.5%Office of Conservation&Coastal Lands tin N ta / X Land Division—Hawaii District 8 X Historic Preservation 8 M: CRus'sen Y.Tsuji,Land Administrator SJECT: Change of Zone Application(REZ 16-000206);Request: A-20a to A-10a .- g pP LOCATION: Kaloko,N.Kona,Island of Hawaii;TMK:(3)7-3-048:001 APPLICANT: James and Sonia Juvik Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by lune 6,2016. • If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. • Attachments ( ) We have no objections. ( ) We have no comments. - (I,� Comments I - attached. Signed: / ! • Print Name: Ca‘ hart,Chief Engineer Date: el 2 t • cc: Central Files . Planning Dept. - Exhibit,..5.___ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref Change of Zone Application(REZ 16-000206),ICaloko,N.Kona,Hawaii COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http:/Igis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP Coordinators below: o Oahu:City and County of Honolulu,Department of Planning and Permitting . (808)768-8098. o Hawaii Island:County of Hawaii,Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253. o Kauai:County of Kauai,Department of Public Works(808)241-4846. Signed: —. 4 CAR S CH• ;CHIEF ENGINEER Date: 2- 1 1 2016 JUN 6 Afl 8 22 DAVID Y.ICE 4D' O F~- /� n r !� �7'{' �(� SIITwl(1T[D.GIS[ GOVERNOR OP HAWAII 4� ,TD D b.,' L 1NN11�•!` Urnjtll 1�.��� BPIRDOFLANDANDNAR RFSdAtEt • 000N] Y OF HAWAII " WATERRESOEDfEMANAOEMENT XLIWDA KALURIWA epri FIRST DEPUTY t.• •..�r' i DEPUTY 71REC10R-WATER • mumicatsourres 3fRt?i19OLEA1i i7BN �f atinualarropneromms co,.i sON ON WATER RESCHNE MANAGEMENT STATE OF HAWAII (OMMA/CM ANDCOASTALUN= CEMERVATM ANDIMOIP ISENIVI['OaT ENGINEERING s„teatDEPARTMENT OF LAND AND NATURAL RESOURCES FOIEsrnY ANDEDIDLEE NQEOItr PREEAVATRRE STATE HISTORIC PRESERVATION DIVISION RANOoureauNDLAND veTO.MlaTAw KAKUHIHEWA BUILDING STATFMAKS 601 KAMOKILABLVD,STE 555 KAPOLEI,HAWAII 96707 May 31,2016 Duane Kanuha,Planning Director Log No.2016.01219 County of Hawaii Doc No.1605GC13 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 Dear Mr.Kanuha: SUBJECT: Chapter 6E-42 Historic Preservation Review— Change of Zone Application(REZ 16-000206),Kaloko Mauka Request for Zone Change from Agriculture(A-20a)to Agriculture(A-10a) Kaloko Ahupua'a,South Kona District,Island of Hawaii TMK:(3)7-3-048:001 Thank you for the opportunity to comment on this permit application that was received by our office on May 18, 2016.According to the submittal,the applicants,James 0.and Sonia P.Juvik Trusts/Hal and Krista G.Markowitz Trust,request to change the current zoning from Agriculture(A-20a)[Agriculture 20 acres]to Agriculture(A-10a) [Agriculture 10 acres].The applicants propose to subdivide the existing 21.22 acre parcel into two 10+acre lots. A review of SHPD records indicates that there has been no archaeological inventory survey(AIS)completed for this parcel.In addition,SHPD requested that an archaeological field inspection be conducted by a qualified archaeologist on the project area.In a letter report dated July 24,2015,ASM Affiliates documented their completion of the field inspection which indicated an absence of surface historic properties within the parcel.ASM Affiliates also reported ' that the evidence of minimal soil accumulation in the arca indicates subsurface archaeological deposits is unlikely. SHPD previously made a determination of po historic properties affected for the proposed rezoning on October 7, 2015(Log No.2015.03549,Doc.No.1510SN03). Based on the information above, SHPD's determination is no historic properties affected by the proposed rezoning.The permittinstprocess may continue. Please contact me at(808)692-8019 or at,Susan.A.Lebo@hawaii.eov for any questions regarding this letter. Aloha, 3cEUJiro Susan A.Lebo,PhD Archaeology Branch Chief cc:Maija Cottle,County of Hawaii,Planning(Maija.Cottle@hawaiicountv.nov) 105752 Planning Dept. Exhibit, DAVID Y.IGE 41s4.toss FORD N.FUCHIGAMI GOVERNOR r +'\w:y DIRECTOR i ' 1�= r-�j Deputy Directors � •'' JADE t 16 T.13AY JUN ?2 P I !(n � ? 53 ROSS M.HIIGGASHI '° EDWIN H.SNIFFER STATE OF tAWA -#it•f 'tilt i LL T.YOUNG INR DARREYREFERTcr. DEPARTMENT OF TRANSPOkatitiIuY OF HAWAII HWY PS 2.2567 869 PUNCHBOWL STREET HONOLULU,HAWM 96813-5097 June 14,2016 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 Application(REZ 16-000206) A-20a to A-10a,James and Sonia Juvik Kaloko,North Kona,Hawaii,TMK: (3)7-3-048:001 The Applicant proposes to rezone 21.220 acres off Keanaaina Street in the Kaloko Mauka Subdivision from Agriculture 20-acres to Agriculture 10-acres and subdivide the parcel into two lots of approximately 10.61 acres each. The property is currently owned by two trusts: 1)James and Sonia Juvik Trust and, 2)Hal and Krista Markowitz Trust. Rezoning and subdividing the parcel into two lots would allow each family to occupy one of the two existing residences on the parcel. The property is accessed from roads under the jurisdiction of the County of Hawaii. We have the following comments: 1. The proposed rezoning will not impact our State highway facilities. 2. The County of Hawaii is responsible for the improvement of the intersection of Mamalahoa Highway,State Route 190,and Kaloko Drive,the main spine road of the Kalolo Mauka Subdivision,and has been collecting funds for that purpose from landowners as parcels are subdivided. If there are any questions,please contact Nami Wong,Systems Planning Engineer,Highways Division, Planning Branch,at(808)587-6336. Please reference file review number PS 2016-091 in all contacts and correspondence regarding these comments. Sincerely, FORD N.FUC Director of Transportation 106055 Planning Dept. Exhibit 7r BJuvikREZ.doc 7.11.16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JAMES JUVIK(REZ 16-206) CHANGE OF ZONE APPLICATION (REZ 16-000206) 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 10-acre (A-10a) zoning district for approximately 21.22 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 andior 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 10-acre(A-10a). Currently, the property has two occupied residences and the applicant proposes to subdivide the subject property into two, 10.61 acre lots which are intended for continued use as residentiaUagricultural lots, with one of the existing houses on each lot. 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 10-acre (A-10a) zoning 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 -1- 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 Extensive Agriculture(EA), which are Lands not classified as Important Agricultural Land. Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Despite the EA LUPAG designation, 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, 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 -2- 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. Conditions of approval will be included meet the forest cover and density requirements of the resolutions mentioned above. The subject property is heavily forested with a relatively closed canopy of`ohi`a and a dense understory of hapu`u ferns with a few koa and a dense understory of'Melo, pukiawe, and hapu`u ferns with the occasional stands of hapu`u ferns. In the areas of the small kipuka near the corners, the vegetation is more open and the surface covered with grass, although soils in these portions were extremely thin. Wildlife observed 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 `ake`a and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. There are two existing dwellings on the property, and conditions of this approval will prohibit any additional dwellings. The preceding and other 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 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. -3- All utilities and services are available to the site. Access to the subject property is from Kaloko Drive and Keana'aina Street, a 22- foot wide paved roadway with 8-foot grass shoulders within 80- foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway approximately 5 miles below the subject property.According to the applicant, 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. 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 Depaitnient 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 intersection. The current fair share fund balance for this intersection is $600,469.05. A condition of approval will be included to continue to require fair share fees be contributed -4- to improvement of this intersection for the additional lot the applicant is proposing to create. The property is currently served by two 518-inch County water meters limited to an average of 800 gallons per day total. The proposed subdivision will not require additional water. The applicants will continue to use the existing State Department of Health(DOH)individual wastewater systems that were installed with construction of the existing residences. No additional residences will be constructed beyond the existing residences, therefore no additional sewage disposal systems would be required following the rezoning and subdivision of the property. 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 7 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 subject parcel is located in the upper elevations of the Kaloko Mauka Subdivision, in a forested area between the 4,360 and 4,600 foot elevation and nearly all of the ground surface of the property consist of portions of the 1800-1801 Ka`upulehu `a`a lava flow. There is no record of historic sites on this property in either the National or State Register. The property was the subject of a -5- 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 was conducted of the full property by ASM Affiliates in July of 2015. The archaeological report found no archaeological features on the parcel and concluded that, given the minimal soil accumulation on the property, the presence of subsurface archaeological deposits would be extremely unlikely. Accordingly, the State Historic Preservation Division issued a letter of"no-effect"regarding the proposed rezoning of the subject property with a determination that" no historic properties(would be) affected"by the proposed action. 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 July 2015 archaeological field inspection of the subject property. Possible adverse effect or impairment of valued resources: As there are two existing dwellings on property and additional dwellings will be prohibited, it is unlikely that the proposed change ofzone will have effect or impairment of valued resources. 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 -6- 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 10-acre (A-10a) zoning 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- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (viAmt***4 Deprr) AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA 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—TEN ACRES (A-10a) AT KALOKO,NORTH KONA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 7-3-0482001_ 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 District, Hawai`i, shall be Agricultural-10 acres(A-10a): Beginning at a 3/4 inch pipe in concrete(found) at the Northwesterly corner of this parcel of land,being also the Southwesterly corner of Lot 2 of Block 12 of Kaloko Mauka Subdivision,Increment 5 (File Plan 1434) and being a point on the Easterly side of Keanaaina Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station"MOANUIAHEA"being 9,322.66 feet South and 9,091.27 feet East and running by azimuths measured clockwise from True South: Thence, for the next three(3)courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 1. 259° 45' 08" 677.43 feet along Lot 2 Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) to a point; 2. 2° 00' 680.00 feet along Lot 4 of Block 12 of Kaloko Mauka Subdivision, Increment 5 (File Plan 1434) and -1- along Lot 5-B of Block 12 of Kaloko Mauka Subdivision, Increment 5 to a point; 3. 34° 30' 950.00 feet along Lots 5-B and 5-A of Block 12 of Kalolco Mauka Subdivision, Increment 5 to a point; 4. 124° 30' 640.00 feet along the Northerly side of Kaloko Drive to 3/4 inch pipe in concrete(found); Thence for the next three(3) courses following along the Easterly side of Keanaaina Street: Thence, following on a curve to the right with a radius of 50.00 feet,the chord azimuth and distance being: 5. 169° 30' 70.71 feet to a 3/4 inch pipe in concrete (found); 6. 214° 30' 616.46 feet to a 3/4 inch pipe in concrete (found); Thence, following on a curve to the left with a radius of 540.00 feet,the chord azimuth and distance being: 7. 192° 07' 34" 411.10 feet to the beginning and containing an area of 21.220 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: -2- (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use, SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity snail 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 , Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- 7A-20a AGRICULTURAL-TWENTY ACRES(A-20a)TO -7- AGRICULTURAL-TEN ACRES(A-10a) A-20a A-10a A-20a � A-20a 21.220 ACRES -7 sem, E A-Oa 'MCA-VL"AKEA" A-10a v' A-20a w A-20a A-10a A-10a A-20a A-10a A-l0a A-20a A-20a t A-10a /Cieofio O,, A-20a A-20a Feet 0 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA 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 -TEN ACRES (A-10a) AT KALOKO, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:May 18,2016 TMK:(3)7-3-048:001 Juvik EXHIBIT "A" Mao: 1376 CJuvikREZ.doc 7.11.16 JAMES JUVIK(REZ 16-206) CHANGE OF ZONE APPLICATION (REZ 16-000206) 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 21.22-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 Keana'aina Street and Kaloko Drive shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. F. Restrictive covenants in the deeds of all the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A Forest Management Plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources(i.e. Forest Stewardship Program). 2. The forest management program shall 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. -2- 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 termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. Access to Keana`aina Street, including the provision of adequate sight distances, shall comply with Chapter 22 of the Hawaii County Code and shall meet with the approval of the Department of Public Works. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawai`i County Code. J. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. K. 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 notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. L. 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 -3- representation of intent to subdivide and develop up to one (1) additional lot, the total fair share contribution is $13,672.20. The fair share contribution shall be adjusted annually by the Hawai`i 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. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. N. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year 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. -4- 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- • O N O O O I N W CY O N rN lo O z > W Dz 0 U- C/) 0 W c z Q U dVW NOIIVJO1 6i u v v ,r u v it Si s` 'ii u V v uv .. 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T. ✓ .O , ,. n \\ f ' ''' 4'. Y-..,;' 7. :-:'.:-,:,-..,--.. h t\ 'max r u W IQ E p .`... Ile 11 0 .4 0 r air.- ..ii-' s .. 0 E '0 G LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 21,2016 A regularly advertised hearing on the application of JAMES JUVIK(REZ 16-206)was called to order at 9:32 a.m. in the West Hawai`i Civic Center,Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona,Hawai`i,with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Collin Kaholo,Nancy Carr Smith, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Scott Church and Perry Kealoha ALSO PRESENT: Danny Patel(Counsel for the Commission),Duane Kanuha(Planning Director),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner), Maija Jackson (Planner),Christian Kay(Planner)and Noriko Sauer(Commission Secretary) And approximately twelve people from the public in attendance. APPLICANT: JAMES JUVIK (REZ 16-206) Application for a Change of Zone from an Agricultural 20-acre(A-20a)to an Agricultural 10-acre(A-10a)zoning district for approximately 21.22 acres of land located on the east side of the intersection of Keana'aina Street and Kaloko Drive within the Kaloko Mauka Subdivision at Kaloko,North Kona,Hawai`i,TMK: 7-3-048:001. UNGER: The first order of business,Item No. 1,Applicant James Juvik,REZ 16-206, application for a Change of Zone from Ag-20,for a Change of Zone from Ag-20 to Ag-10 zoning district for approximately 21.22 acres of land located on the east side of the intersection of Keana'aina Street and Kaloko Drive within the Kaloko Mauka Subdivision at Kaloko,North Kona,Hawai`i,TMK 7-3-048:Parcel 1. Staff? KAY: Thank you,Mr. Chair, good morning. Good morning,Commissioners. If I can direct your attention to the presentation screen. This is an application for a rezone. The subject parcel is located in the North Hilo District of,pardon me,North Kona District of Hawai`i Island,more specifically in the Kaloko Mauka area. It's indicated here in the red outline. Just for your reference,to the left of the screen,running generally north-south,is Mamalahoa Highway, and the parcel again is at the intersection of Kaloko Drive and Keana'aina Street. Zoomed in a little bit closer, again outlined in red is the subject parcel. The zoning for the parcel and much of the surrounding area is Agricultural-20 acres as indicated in the green color. But as you can see, there have been several parcels in the vicinity of the subject parcel that have been 1 DRAFT rezoned to Agricultural-10 acres and then subsequently subdivided, and that's indicated again in the blue color. The State Land Use Boundary designation for the subject parcel and much of the surrounding area is Agriculture. And the General Plan Land Use Pattern Allocation Guide Map designates the subject parcel as Extensive Agriculture indicated in white. To the west we've got a section of Important Agricultural Lands and then a small portion of Conservation designation to the north of the subject parcel. The Kona CDP,this is a Kona CDP map, and the subject parcel is well outside of the Kona Urban Area and doesn't fall within any concurrency zones or any TODs or TNDs. Here is an aerial photograph of the subject parcel. Again just for reference,we've got Kaloko Drive running generally east-west and Keana'aina Street running generally north-south. The subject parcel has two existing dwellings on it,here with the blue roof and then a little more difficult to see but a brown roof here. And each of the dwellings has their own driveway access. The applicant is requesting a Change of Zone from Agricultural-20 acres to Agricultural-10 acres for a 21.22-acre parcel in order to create a two-lot subdivision. Here is the applicant's submitted site plan. For reference we've got Kaloko Drive on the left hand side of the screen and Keana'aina running toward the top. This is showing their subdivision plan. Again, the two existing dwellings and driveways, and the plan, as is indicated,now will create two roughly 10.61-acre lots. Here are some photos of the accesses; this is a view of the driveway to the north, more northern driveway,and then a view of the driveway to the south,again,off of the Keana'aina Street. And here's Keana'aina Street looking north of the subject parcel on the left hand side,pardon me,on the right hand side, and on the bottom with Keana'aina Street looking south of the subject parcel on the left hand side. The Director is recommending that we forward a favorable recommendation to the County Council for this particular rezone. With that, I'm happy to answer any questions that the Commission may have. UNGER: Thank you. Commissioners,do you have any questions of staff at this time? I'd like to ask the applicant or the representative to come forward at this time. LEONARD: Good morning. UNGER: Good morning. Raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? LEONARD: I do. LINGER: Very good. State your name and where you reside. LEONARD: My name is James Leonard. I reside at 101 Hale Nani Street in Hilo,Hawai`i. 2 DRAFT UNGER: Great. Thank you. Have you read the Planning Department recommendations and do you agree with them? LEONARD: Yes,we've gone over the recommendations and the background report and the recommended conditions of approval,and reviewed that with the applicant,and they are fully in agreement with those and agree with that as written. UNGER: Okay. This is your opportunity to add to it or make any comments, if you would,at this time, or not. LEONARD: No,but I would be glad to answer any questions that any of the Commissioners might have about the application. UNGER: Great. Thank you. Commissioners,are there any questions for the applicant at this time? Commissioner Carr Smith. CARR SMITH: Yes. I was just curious. You don't reside on the property? LEONARD: I don't. I'm a planning consultant representing— CARR SMITH: Oh, you are the consultant for the owner LEONARD: Yes. CARR SMITH: —and the owner resides on the property? LEONARD: Yeah,well, they have a house there and they also have a home,or one of the families,has a home in Hilo. So they split their time between the two houses. CARR SMITH: And the second home? LEONARD: The second home,they live there. CARR SMITH: The second home on the property. LEONARD: Right. CARR SMITH: And the first home on the property? LEONARD: The first home,they split their time between. CARR SMITH: Okay. Okay, thank you. 3 DRAFT UNGER: Commissioners, any other questions at this time? Thank you. You may be seated. At this time I'd like to call up members of the public who have signed up to testify, if anything,on this application. Seeing none, I move to close the public hearing portion of this agenda item. SHIMAOKA: I move. NOBRIGA: I second. UNGER: Motion by Commissioner Shimaoka, second by Nobriga, to close. All in favor? COMMISSIONERS: Aye. UNGER: Oppose? [None.] So moved. At this time I'd like to request a motion from the Commissioners in regard to this agenda item. SHIMAOKA: I move that, Mr. Chair,that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket Number REZ 16-206,based on the Planning Director's recommendations, findings and proposed conditions,which shall be adopted. LINGER: And we have a second from Commissioner Nobriga. We have a motion from Commissioner Shimaoka, second by Nobriga. At this time, Commissioners,open it up for discussion, any discussion on the motion? Commissioner Carr Smith. CARR SMITH: Yeah, I'm in favor of this. Happy to see that there's two water meters and two accesses and two legal homes,so I'm in favor of the down-zone. UNGER: I agree. I'm in favor also. And looking at the forest management plans that are intact and onsite, it looks like,I also will be giving it a favorable recommendation as well. Any other comments? Staff,roll call. KAY: Thank you,Mr. Chair. Commissioner Shimaoka? SHIMAOKA: Aye. KAY: Commissioner Nobriga? NOBRIGA: Aye. KAY: Commissioner Kaholo? KAHOLO: Aye. KAY: Commissioner Can Smith? CARR SMITH: Aye. 4 DRAFT KAY: And Chair Unger? UNGER: Aye. KAY: Okay,thank you, motion carries, five-nothing. UNGER: Thank you. Applicant, you'll be notified in writing by the Planning Commission, or by, Planning Commission,right. The discussion ended at 9:42 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 5 DRAFT