HomeMy WebLinkAboutCOM 1153.000 2016-2018 JMtY^OF N, ' Wit Okabe
x41. Managing Director
Harry Kim Il',
Mayor • -" -
• Barbara J.Kossow
Deputy Managing Director
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Offirr ul fir Atavor
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
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October 15, 2018 "'
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Valerie T. Poindexter, Council Chair =r-
and Members of the County Council §
County of Hawai`i o '
25 Aupuni Street r''
Hilo, HI 96720
Dear Chair Poindexter and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 05-66 (REZ 04-000030)
Applicant: Bruce B. A. Easley and Austin K. P. Easley
Request: Amendment of Condition D (Secure Final Subdivision Approval)
of Change of Zone Ordinance No. 05-66
Tax Map Kev: 7-3-027:007
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincer y,
HARRY KIM
Mayor
MTransCouncilEasleyamendord05-66REZ04-030
Enclosures
cc: Planning Department
Comm. No. 113
<2,1n a05> Ref. To: PC
OCT 2 3 2013
County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date
,
• Jtl: Os him•..
�'�'^ ` Keith F.Unger,Chair
Harry Kim :, V./,',;
Mayor ..�,•• :� Oliver"Sonny"Shimaoka,Vice Chair
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` Nancy Carr Smith
'j Scott Church
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•'TE Perry Kealoha
Michael Vitousek
1 Faith"Faye"Yates
County of Hawa
1
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
OCT 15 2018
Valerie T. Poindexter, Council Chair
and Members of the County Council
County of Hawai`i .
25 Aupuni Street
Hilo, HI 96720
Dear Chair Poindexter and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Applicant: Bruce B. A. Easley and Austin K. P. Easley
Request: Amendment to Condition D (Secure Final Subdivision Approval)
of Change of Zone Ordinance No. 05 66
Tax Map Kev: 7-3-027:007
The Leeward Planning Commission, at its duly held public hearing on September 20, 2018,
recommended for your approval the proposed legislative bill for an amendment to Change of Zone
Ordinance No. 05-66. The property is located along the west side of Kaloko Drive, approximately
4,000 feet mauka from the Haleamau Street-Kaloko Drive intersection, Kaloko Mauka
Subdivision, Kaloko, North Kona, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicants are requesting a five (5)-year time extension to comply with
Condition D (time to secure Final Subdivision Approval) of Change of Zone Ordinance
No. 05 66, which reclassified 20.254 acres of land from an Agricultural (A-20a) to an
Agricultural (A-10a) zoning district to subdivide the property into two lots approximately
Hawai`i County is an Equal Opportunity Provider and Employer
Valerie T. Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
Page 2
10 acres in size. The lots are intended to be used as residential/agricultural lots, one for
each of the applicants. The applicants intend to construct a dwelling on each of the
proposed lots.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result of their fault or negligence. The effective date of Ordinance No. 05 66
was May 16, 2005, which required securing Final Subdivision Approval within five (5)
years or by May 16, 2010. The applicants received an administrative time extension for an
additional five (5) years or by May 16, 2015,but could not complete the conditions of
approval.
The applicants submitted a subdivision application in July of 2005
(SUB-05-000136). Condition 4 of the tentative subdivision approval required that access
to the subdivision from Kaloko Drive be limited to one(1) location and improved
according to Section 23-87 of the Hawai`i County Code and Department of Public Works
Standard Detail R-39. The way the original subdivision was drawn, the common boundary
was at a location with a significant grade change requiring 25-feet of fill to accommodate a
common access, which was projected to cost of over$200,000. This was not financially
feasible. Since that time, they have found that there are other less costly solutions such as
re-configuring the lots so that their common boundary is at a location with a smaller grade
change or the use of an interior access easement that will allow access for each lot. The
subdivision application was withdrawn on August 27, 2014 at the applicants' request. The
applicants are now in a position to resubmit the subdivision application.
Approval of this request would not be contrary to the General Plan or Zoning
Code nor the original reasons for granting the Change of Zone. The original reasons
for the approval of the change of zone are still applicable and the request is not contrary to
these reasons. There have not been any significant changes to the General Plan or Zoning
Code for this area since the subject rezone approval in 2005. At that time the General Plan
LUPAG Map designation for the property was the same as it is today, Important
Agricultural Lands. These are designated lands with better potential for sustained high
agricultural yields because of soil type, climate, topography, or other factors. Additionally,
there have been three (3) other parcels in the area reclassified from A-20a to A-10a since
the approval of this rezoning in 2005.
p
Valerie T. Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
Page 3
The applicants are simply seeking additional time to secure Final Subdivision
Approval and to complete the conditions of the original approval of the change of zone
request and the tentative subdivision approval. The Planning Department is supportive of
the request for a time extension as the applicants are committed to completing the
subdivision and related improvements.
The proposed request will not unreasonably burden public agencies to provide
infrastructure and utilities to the property. The property has sufficient access from Kaloko
Drive. There is sufficient water and utilities for the proposed request. There are no
drainage issues as the Federal Emergency Management Agency Flood Insurance Rate Map
(FIRM) designates the property as Zone"X", which is an area determined to be outside of
the 500-year flood plain. Additionally, the applicants have complied with Condition K,
which required a fair share payment towards improving the Kaloko Drive/Mamalahoa
Highway intersection. The Planning Director also recommends updating the existing
conditions to reflect the current standard language and adding new conditions as requested
by agencies. The applicants are committed to complying with the conditions of approval,
including the requirements for protecting and maintaining the naturally forested areas on
their property by creating forest reserve easements and enhanced structural setbacks on the
property(s). Lastly, the applicants will be required to comply with all agency requirements
and stated conditions of approval.
This favorable recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable county, state and federal
governmental requirements in connection with uses permitted within the Agricultural
zoning district, prior to its commencement and during its establishment upon the subject
properties. Additional governmental requirements may include the issuance of building
permits, 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, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 05 66.
In addition, the Planning Director recommends that existing conditions in the Ordinance
be revised to reflect the current standard language for conditions of approval. The
Valerie T. Poindexter, Council Chair
and Members of the County Council
County of Hawai`i
Page 4
accompanying draft bill to amend Ordinance No. 05 66 is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
Material to be deleted is bracketed and struck-through; new material is underscored.
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
LEasleyREZ04-0301pc2
Enclosures
cc: Gregory Mooers, Mooers Enterprises, LLC
Bruce B. A. Easley and Austin K. P. Easley
Department of Public Works
Department of Water Supply
DOT-Highways, Honolulu
Amy Self, Esq., Corporation Counsel
Planning Department- Kona
} •
BEasleyA nendREZ.ei.09-13-18
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
BRUCE B.A. EASLEY AND AUSTIN K.P. EASLEY (FORMERLY BRUCE B. EASLEY)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05 66 (REZ 2004-000030)
BRUCE B.A. EASLEY AND AUSTIN K.P. EASLEY (FORMERLY BRUCE B. EASLEY)
have submitted an amendment application for a 5-year time extension to comply with
Condition D (Secure Final Subdivision Approval) of Change of Zone Ordinance No. 05 66,
which reclassified 20.254 acres of land from an Agricultural (A-20a) to an Agricultural (A-10a)
zoning district. The property is located along the west side of Kaloko Drive, approximately
4,000 feet mauka from the Haleamau Street - Kaloko Drive intersection, Kaloko Mauka
Subdivision, Kaloko, North Kona, Hawai`i, TMK: 7-3-027: 007.
APPLICANTS' REQUEST
1. Request: The applicants are requesting a five (5)-year time extension to comply with
Condition D (time to secure Final Subdivision Approval) of Change of Zone Ordinance
No. 05 66, which reclassified 20.254 acres of land from an Agricultural (A-20a) to an
Agricultural (A-10a) zoning district to subdivide the property into two lots approximately
10 acres in size. The lots are intended to be used as residential/agricultural lots, one for
each of the applicants. The applicants intend to construct a dwelling on each of the
proposed lots. (Planning Department Exhibit 1 - Change of Zone Amendment
Application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Important Agricultural Lands (IAL).
4. County Zoning: Agricultural (A-10a).
5. Kona Community Development Plan (Kona CDP): The subject property is situated
outside the Kona Urban Area.
6. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
located within the Special Management Area.
Y •
BACKGROUND INFORMATION
7. County Council Resolution No. 330 96: On June 19, 1996, the County Council adopted
Resolution No. 330 96 relating to the amendment of zone district boundaries within
Kaloko Mauka and other Kona Watershed and Mauka Forest Areas. The resolution states
that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the
3,700-foot elevation above sea level elsewhere in the districts of North Kona and South
Kona shall be re-classified to any zone district having a minimum lot size of less than 20
acres except where contiguous lands held under the same or a cooperative ownership are
concurrently placed in a lower density zoned district with a net effect of maintaining or
reducing overall density levels and enhancing the integrity and value of the region's
watershed and forest systems.
8. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted
Resolution No. 58 97, amending the Council's policy relating to the rezoning of district
boundaries within Kaloko Mauka Subdivision. The Council established that a maximum
density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision
above the 3,000-foot elevation, with certain conditions, will protect the watershed and
native forest and maintain a low density pattern. The Resolution further recommended
that the Planning Commission consider favorable recommendations for A-10a zoning
requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-
foot elevation and include the conditions as stated within Resolution No. 58 97, provided
that the request complies with the other goals, policies, and standards of the General Plan.
9. Change of Zone Ordinance No. 05 66: Change of Zone Ordinance No. 05 66 was
approved on May 16, 2005, which reclassified 20.254 acres of land from an Agricultural
(A-20a) to an Agricultural (A-10a) zoning district for TMK: 7-3-027:007. Condition D
required that Final Subdivision Approval be secured within 5 years from the effective
date of the ordinance (May 16, 2010). The applicants received an administrative time
extension to comply with Condition D until May 16, 2015.
10. Subdivision 05-000136: The applicants submitted a subdivision application on
July 20, 2005 for a two-lot subdivision. The subdivision was withdrawn on
September 2, 2014 by request of the applicants.
-2-
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
11. Subject Property: The property is a vacant, approximately 20.254-acre vacant parcel
located along the west side of Kaloko Drive in the Kaloko Mauka Subdivision at
approximately the 3,800 to 4,000-foot elevation. The property is heavily forested with
slopes of 6-20 percent.
12. Surrounding Zoning/Land Uses: Surrounding properties to the north, east and west are
zoned A-20a and are in low-density residential uses surrounded by pasture and forest
land. There are some small pasture and nursery areas within the subdivision. There are a
number of other properties zoned A-10a in the mauka portion of the subdivision,
including two properties just to the south of the subject property.
13. ALISH: Other Important Agricultural Lands.
14. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
15. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well
drained, thin, extremely stony organic soils over fragmental A'a lava and is used
primarily for woodland and pasture.
16. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
17. Flora/Fauna Resources: According to the applicants, the site is presently heavily
forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non-native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese
pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native
species.
18. Archaeological/Historical Resources: According to the applicants' original submittal,
the subject parcel is located at the 3,800-foot elevation within the boundaries of a
precontact age upland agricultural system that was the subject of a reconnaissance survey
and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko
Mauka Subdivision. In addition, the National Park Service published a report in 1991
entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North
Kona." This study also identified remains of an agricultural field system up to the
3,500-foot elevation at certain locations. The Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-SHPD) sent a comment letter
dated July 30, 2018, which stated "a review of SHPD's records identified no record of
-3-
any archaeological inventory surveys, field inspections, or other historic preservation
reviews have been conducted for this parcel. Previous studies conducted within Kaloko
Ahupua'a have identified evidence of historic properties in previously undisturbed areas
including habitation sites, burials, agricultural complexes, ceremonial sites and caves.
This parcel is located within the geographic margins of the Kona Field System which is
listed in the State Inventory of Historic Places (SHIP) as Site 50-10-37-6601. Sites
associated with the Kona Field System have been documented at relatively high
elevations in the Kaloko Ahupua`a. Based on the information provided, the SHPD has no
objections to the applicants' request for an amendment to Condition D of
Ordinance No. 05-66.
19. Cultural Resources: According to the applicants, no valued cultural, historical or
natural resources exist on the properties and there is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site.
20. Public Access: There is no record of a designated public access that traverses the
property.
21. Traffic: According to the applicants, traffic generated from the proposed subdivision is
expected to be minimal.
PUBLIC UTILITIES AND SERVICES
22. Access: Access to the subject property is proposed from Kaloko Drive, which has a
22-foot wide paved roadways with 8-foot grass shoulders within 80-foot right-of-way.
Kaloko Drive intersects with the Mamalahoa Highway approximately 3.5 miles below the
subject property.
23. Water: According to the applicants, water can be made available from an existing 8 inch
waterline on Kaloko Drive.
24. Wastewater: The applicants propose to use individual wastewater systems meeting the
standards and requirements of the State Department of Health.
25. Essential Utilities and Services: Utilities are available to the site from poles along
Kaloko Drive. The area is served by police and fire stations in Kailua and Kealakehe,
approximately five miles southwest of the site. Kealakehe Elementary, Intermediate and
High Schools are located approximately four miles north of the property.
-4-
AGENCIES' COMMENTS
26. Department of Public Works-Engineering Division: (Planning Department
Exhibit 2 —June 28, 2018 Memo)
27. Department of Water Supply: (Planning Department Exhibit 3 —June 18, 2018 and
June 28, 2018 Memos)
28. Department of Environmental Management: (Planning Department Exhibit 4—
July 25, 2018 Memo)
29. Police Department: (Planning Department Exhibit 5—June 28,2018 Memo)
30. Department of Land and Natural Resources Historic Preservation Division:
(Planning Department Exhibit 6—July 30, 2018 Letter)
31. Department of Land and Natural Resources-Land Division: (Planning Department
Exhibit 7 -July 31, 2018 and July 25, 2018 Letters)
32. Department of Health: (Planning Department Exhibit 8 -July 3, 2018 Letter)
AGENCIES —NO RESPONSES
33. Fire Department, Department of Public Works-Building and Traffic Divisions,
Department of Parks and Recreation, Office of Housing and Community Development,
Real Property Tax Office, Kona Traffic Safety, Department of Transportation,
Department of Education, Office of Planning, NPS, NRCS and US Fish and Wildlife.
APPLICANTS' RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
34. The applicants submitted the following request from the Planning Department for
additional information. (Planning Department Exhibit 9—July 2, 2018 Letter)
APPLICANTS' RESPONSE TO COMMENTS
35. The applicants submitted the following letters in response to agency comments:
(Planning Department Exhibit 10—June 29, 2018, July 4, 2018 and August 13, 2018
Letters)
PUBLIC COMMENTS
36. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject application.
-5-
r
Post Office Box 1101
MOOERS Kamuela,Hawaii 96743
ENTERPRISES LLC Phone(808) 880-1455.
� Fax(808) 880-1456
Land Use Alternatives gmooers@hawaii.rtconi
L .
May 25,2018 O�3' ?�
C: YL:..a7"'
Michael Yee
Director
Planning Department
County of Hawaii y
101 Pauahi Street,Suite 3
Hilo,Hawaii 967420
Re: Change of Zone Ordinance No.05 66
Agricultural 20-acres(A-20a)to Agricultural 10-acres(A-10a)
Subject: Five(5)year Time Extension to"D"(Final Subdivision Approval)
Applicants and Owners: Bruce B.A.Easley and Austin K.P.Easley
Kaloko,North Kona,Hawaii
Tax Map Key:(3)7-3-027:007
Dear Mr.Yee:
In 2005,the County Council approved the ordinance identified above to change the zoning of the subject
property from Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a) with fourteen (14)
conditions. Condition"D"required Final Subdivision Approval be secured within five(5)years from the
effective date of the ordinance, May 16, 2005. It has been thirteen (13)years since this ordinance was
approved and the applicants did not obtain the Final Subdivision approval during this period due to
financial constraints. Condition"N"provides for an administrative time extension,but only for a period
not longer than the original period of time allotted to comply(five years). This is no longer an option.
The applicants/owners hereby request an amendment to condition "D". of Ordinance 05-66 to allow an
additional five(5)years from the effective date of the requested amendment to secure Final Subdivision
Approval. We believe the non-performance is the result of conditions that could not have been foreseen
or are beyond control of the applicants, successors or assigns,and that are not the result of their fault or
negligence;granting of the time extension would not be contrary to the General Plan or Zoning Code;and
granting the time extension would not be contrary to the original reason for granting the change of zone.
We believe the criteria used by the Director in 2005 when making a favorable recommendation to the
Planning Commission, the Commission's favorable recommendation to the County Council and the
County Council's approval are still applicable today. We request the Director send this amendment to the
Hawaii Leeward Planning Commission with a favorable recommendation and ultimately to the County
Council for action.
118670
Nanning Dept
Exhibit
•
Michael Yee
May 25, 2018
Page Two
Please find enclosed twenty (20) copies of this request with an amended signature page and a copy of
Ordinance 05-66. I am also enclosing a list of property owners within 1,000 feet of the subject property;
a Real Property Tax Clearance form from the County Finance Department and the application fee of
$250.
The applicants/owners understand the conditions of approval itemized in Ordinance 05-66, and are
prepared to comply with all of these conditions. Should you or your staff have any questions or require
additional information,please contact me directly. I am an agent for the applicant/owners.
Sine rely,
ie//Ma-CAL--
Grego ooers
President
GRM:jy
enclosures
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT:Bruce B.Easley and Austin K.Easleyh,
APPLICANT'S SIGNATURE:Signatures submitted to Planning with transmittal letter. DATE: May 14,211111--
ADDRESS:
1118ADDRESS:
75-684 Lalii Place '1 N
Kailua-Kona,Hawaii 96740
—1 r,„
LIST APPLICANT'S INTEREST IF NOT OWNER:Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:N/A
PHONE:(Bus.)(808)329-0761 (Res.)(808)620-3274 (Fax)
LANDOWNER(S):Bruce B.Easley and Austin K.Easley
LANDOWNER SIGNATURE(S): Signatures submitted to Planning with transmittal letter. DATE:May 14,2018
(May be by letter)
LANDOWNER(S)ADDRESS: Same as Above
REQUEST:Agricultural 20-acres(A-20a) TO Agricultural 10-acres(A-10a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY:(3)7-3-027:007
STREET ADDRESS OF PROPERTY:73-2335 Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED:20.254 acres
AGENT: Gregory R.Mooers,President
ADDRESS:Mooers Enterprises,LLC
P.O.Box 1101
Kamuela,Hawaii 96743
TELEPHONE: (Bus.)(808)880-1455 (Res.)(808)880-1454 (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL:Gregory Mooers COPIES:Austin Easley
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
r
APPLICANT:Bruce B.Easley and Austin K.Easley 0
Cj
APPLICANT'S SIGNATURE: �' DATE:May 14. 18
ADDRESS:75-684 Lalii Place
C,1•73
Kailua-Kona,Hawaii 96740
--- r v
•
LIST APPLICANT'S INTEREST IF NOT OWNER:Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:N/A
PHONE:(Bus.)(808)329-0761 (Res.)(808)620-3274 (Fax)
LANDOWNER(S):Bruce B.Easley and Austin K.Easley
LANDOWNER SIGNATURE(S): DATE: May 14,2018
(May be by letter)
LANDOWNER(S) ADDRESS: Same as Above
REQUEST:Agricultural 20-acres(A-20a) TO Agricultural 10-acres(A-10a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY:(3)7-3-027:007
STREET ADDRESS OF PROPERTY: 73-2335 Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:20.254 acres
AGENT: Gregory R.Mooers,President
ADDRESS:Mooers Enterprises,LLC
P.O.Box 1101
Kamuela,Hawaii 96743
TELEPHONE: (Bus.)(808)880-1455 (Res.)(808)880-1454 (Fax)
•
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory Mooers COPIES: Austin Easley
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Bruce B.Easley and Austin K.Easley
APPLICANT'S SIGNATURE: 7- 7
DATE:Ma L4,2
Y (Uf.
r c.30
ADDRESS:75-684 Lalii Place C) Z •
Kailua-Kona,Hawaii 96740 ._.:•� .0 ,
_ r
LIST APPLICANT'S INTEREST IF NOT OWNER:Owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: N/A Q
PHONE:(Bus.)(808)329-0761 (Res )(x(08)620-3274 (Fax) .
LANDOWNER(S): Bruce B. Easley and Austin K. Easley
LANDOWNER SIGNATURES):7DATE: May 14,2018
(Ma y letter)
LANDOWNER(S) ADDRESS: Same as Above
REQUEST: Agricultural 20-acres(A-20a) TO Agricultural 10-acres(A-10a)
(Existing toning) (Proposed Zoning)
TAX MAP KEY:(3)7-3-027:007
STREET ADDRESS OF PROPERTY: 73-2335 Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 20.254 acres
AGENT: Gregory R. Mooers,President
ADDRESS:Mooers Enterprises. I.l.0
1'.O. Box 1101
Kainuela. Hawaii 96743
TELEPIIONE: (I3tis.) (808)880.1455 (Res.)(( (o)880-1154 (Fax)
Please
indicate to whom original correspondence and copies should he sent.
ni.
ORIGINAL: Gregory Mutters COPIES: Austin Easley
(See Instrucliatts on Reverse SW)
Harty Kim :3:V f k�. Deanna S. Sako
Mayor ..• Finance Director
•Ofi:* Nancy Crawford
Deputy Director
•
County of Hawaii
DEPARTMENT OF FINANCE-REAL PROPERTY TAX
Aupuni Center,101 Pauahi Street,Suite No.4 • Hilo,Hawai'i 96720-4224 • Fax(808)961-3415
Appraisers(803)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawai`i Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Fir. • Kailua Kona,Hawai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4831 • Clerical(808)323-4880
Website: www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
Date: May 18, 2018
T K s (3) 7-3-027-007-0000
M :
This is to certify that the real property taxes due to the County of Hawai`i on the
parcel(s) listed above have been paid for the tax year 2017 up to and including
June 30, 2018.
The County's real property taxes are levied on July 1st each year. The taxes
become a lien on the property assessed as of the levy date.
This clearance was requested on behalf of Austin Easley for the County Planning
Department and is issued for this/these parcel(s) only.
REAL PROPERTY TAX DIVISION
Paid up to and including June 30, 2018
Tax Clearance for Planning Department(rev. 12/09)
Hawai`i County is an Equal Opportunity Provider and Employer
COUNTY OF HAWAII = ` =• STATE OF HAWAII
ora:"'
BILL NO. 62
Draft 2
ORDINANCE NO. 05 66
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a)TO AGRICULTURAL(A-10a)AT KALOKO,NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-3-27:7.
BI:IT ORDAINED BY TI IF,COUNCIL OF THE COUNTY OF 1-IAWAI`!:
SECTION 1. Section 25-8-2, Article 8. Chapter 25 (Zoning Code)of the I-Iawai`i County
Code,is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko,North Kona,
Hawaii. shall be Agricultural (A-10a):
Beginning at the Northeasterly corner of this parcel of land,being also the
Southeasterly corner of Lot 5 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 1010)and being a point on the Westerly side of Kaloko Drive,the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA"being 10,814.23 feet South and 6,160.12 feet East and running by
azimuths measured clockwise from True South:
1. 5° 10' 1,000.00 feet along the Westerly side of Kaloko Drive
to a point;
Thence, for the next three (3)courses following along the remainder of Royal
Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha:
2. 95° 10' 690.32 feet along Lot 1 of Block 9 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010)to a point;
3. 164° 10' 1,071.15 feet along Lot 2 of Block 9 of Kaloko
Mauka Subdivision, Increment 2(File
Plan 1010)to a point;
-1-
4. 275° 10' 1,074.18 feet along Lot 5 of Block 9 of Kaloko
Mauka Subdivision, Increment 2(File
Plan 1010)to the point of beginning and
containing an area of 20.254 Acres.
All as shown on the map attached hereto,marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code,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:
(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.
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,Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy"within ninety(90)days from the effective date of this change
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five(5)years from the effective date of
this ordinance. The applicant shall reserve the following easements and special
-2-
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 l 00-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s)shall also specify that, including the area
comprising the forest reserve easements described in Condition D,no less than
eighty percent (80%)of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s)shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
properly 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
-3-
I
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 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.
-4-
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. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works. Drainage improvements,if
required,shall be constructed in a manner meeting with the approval of the
Department of Public Works prior to the issuance of Final Subdivision Approval.
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-
Historic Preservation Division (DLNK-HPD)shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
K. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
number of lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot,and shall become due and payable within ninety days of the
-5-
effective date of this ordinance. 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. The fair share contribution shall have a
value of$9,472 per additional lot. Based upon the applicant's representation of
intent to subdivide and develop up to one(1)additional lot,the indicated total fair
share contribution is$9,472. The fair share contribution shall be allocated as
follows:
• $9,472 per lot for an indicated total of$9,472 to the State or County to
support road and traffic improvements.
The fair share contribution shall be adjusted annually by the Hawaii County
Planning Department,beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(I ICPI). Upon approval of the fair share contributions,the Director shall submit a
final report to the Council for its information that identifies the specific approved
fair share contributions,as allocated,and further implementation requirements.
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees,conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
N. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
-6-
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.
5. 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).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTI ODUCED BY:
t i �
COUNCIL MBER, C 6 V Y +F HAWA `I
•
ODUCED BY:
NCI I EMBER, COUN F HAWAI
Hilo ,Ilawai'i
Date of Introduction: April 20, 2 00 5
Date of 1st Reading: April 20, 2005
Date of 2nd Reading: May 4, 2005
Effective Date: May 16, 2005
-7-
REFERENCE: Comm. 174.1
I
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o AGRICULTURAL(A-20a) A-203
Y A�a A-20a TO AGRICULTURAL(A-10a)
, , 20,254 Acs.
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._
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a)
TO AGRICULTURAL (A-10a)
AT KALOKO, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK. 7-3.027007 Date:December 17.2004
EXHIBIT "A" (BRUCE B.EASLEY:1158)
' 1
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Introduced By: Pete Hoffmann/K.Angel Pilago •• • I 'ROLL CALL VOTE
Date Introduced: April 20, 2005 AYES NOES ABS EX
First Reading: April 20, 2005 ttrakaki X
Published: May 1, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
6 1 2 0
Second Reading: May 4, 2005
To Mayor: May 6, 2005 ROLL CALL VOTE
Returned: May 17, 2005 AYES NOES ABS EX
Effective: May 16, 2005 Arakaki X
Published: May 22, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
B 1 0 0
1 DC)HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO //'�``"`.-
FORM AND-LEGkLITY:
A410
COUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL / a:U:14
COUNTY OF HAWAII
2 COUNTY CLERK
Date A f tyc� �` l
62 (Draft 2)
Bill No.:
Approve isupprnved this E IOC day C-174.1/PC-15
Reference:
of M ,20 DS Ord No.: OS 66
YORt,j("rdiriTY OF HAWAII
Harry Kim • * os��
`?. Allan G.Simeon,P.E.
Mayor • :p�.,�rx��i� Director
•
Wil Okabe ;��• Merrick H.Nishimoto
Managing Director lr f ofw:H;P�_- Deputy Director
(nu* of Paillat
l:j
r'• 7 L,
DEPARTMENT OF PUBLIC WORKS
z
Aupuni Center
101 Pauahi Street,Suite 7• Hilo,Hawai`i 96720-4224 :D
(808)961-8321 • Fax(808)961-8630
public_works@hawaiicounty.gov C._ 7 _D
MEMORANDUM ry
Date: June 28, 2018 Z N)
To: Michael Yee, Planning Director
From: Department of Public Works, Engineering Division
Subject: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Applicant: Bruce B.A. Easley and Austin K.P. Easley
(formerly Bruce B.A. Easley)
Request: Amendment to Condition D (Secure Final Subdivision Approval)
Tax Map Key: 7-3-027:007
We have reviewed the subject application and our comments are as follows:
1. The subject property is located within Flood Zone "X" according to the Flood Insurance
Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA).
2. Subdivision construction plans shall be resubmitted to the Department of Public Works,
Engineering Division for review and re-approval.
Should there be any questions concerning this matter, please contact Natalie Whitworth of our
Kona Engineering Division office at 323-4853.
NW
Copy: ENG-HILO/KONA
115255
Planning Dept.
County of Hawaii is an Equal Opportunity Provider and Employer. Exhi bit 2
• .
OF WATER S-, _
t
:per G<
• • r;
•
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII •
17 _.
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 9672.0 - • „•
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
June 18, 2018 =
Mr. Austin Easley • �_�
P.O. Box 5534 • •
•
Kailua-Kona, HI 96745
G.. -7 r‘..)
...
Dear Mr. Easley: .. -
Subject: Water Commitment Depost ? a;
Change of Zone Application (REZ 04-000030) —'
Tax Map Key 7-3-027:007 2r>z c`�.t I
—i
This is to acknowledge receipt of the required$150.00 water commitment deposit for the subject
application. Receipt No. 290665 is enclosed for your records.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed
2-lot subdivision in the amount of 400 gallons per day, or one (1) additional unit of water at an average
usage of 400 gallons per day, is hereby granted until June 30, 2021, with the following conditions:
1. Construct necessary water system improvements, which shall include,but not be limited to:
a. installation of a service lateral that will accommodate a 5/8-inch meter to the additional
lot, and
b. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development,the applicant
shall be responsible for the relocation and adjustment of the Department's affected •
water system facilities, should they be necessary.
Submit construction plans prepared by a licensed surveyor or professional engineer, registered
in the State of Hawai`i,for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One(1) existing service 0.00
One(1) additional unit @ $5,500.00/unit $5,500.00
Total FC $5,500.00
WATER COMMITMENT DEPOSIT CREDIT(WCD): Pl0n11� i
One(1) additional unit 0, $150.00/unit ( 150.00)EX S 1�t r
Total Amount $5,350.00
. . . Water, Our(Most Precious Resource. . . 7(12 Wai A pane. . . 119 0 6 o
The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Austin Easley
Page 2
June 18, 2018
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable.
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
4. Should it be necessary, submit the appropriate documents,properly prepared and executed, to
convey the water system improvements and necessary easements to the Water Board of the
County of Hawai`i prior to final subdivision approval being granted. A registered land
surveyor shall stamp and certify the metes and bounds description within the conveyance
documents. However,prior to water meter services being granted to the development, or any
lots within, the conveyance documents shall be accepted by the Water Board.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
Keith K. Okamoto,P.E.
Manager-Chief Engineer
RQ:dfg
Enc.
copy-4lanning Department
Mooers Enterprises,LLC
„onn�FIWAT /tTs-__—
f
r Q fL
X19 491
mo DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
OPS 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720
OP ”
.0"
"' TELEPHONE (808) 961-8050 • FAX (808) 961-8657
June 28, 2018 \r1:,
C);
C). L
s -
TO: Mr. Michael Yee,Director 0
Planning Department
j ru
FROM: Keith K. Okamoto,Manager-Chief Engineer y
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Applicant—Bruce B.A.Easley and Austin K. P. Easley
(formerly Bruce B. A.Easley)
Request—Amendment to Condition D (Secure Final Subdivision Approval)
Tax Map Key 7-3-027:007
We have reviewed the subject application and have the following comments and conditions.
The requirements stated in our previous letter to Mr. Austin K. P. Easley and copied to your
department of June 18, 2018, still stand.
Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
1/41/41/1/1016)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy— Mr. Austin K. P. Easley
• 1 1260
. . . Water, Our!7v1ost Trecious Pcsource. . . WaiA 1(dne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
�YY OI
Harry Kim
'• '"
,,�, William'A:Kucharski •
Mayor : :+�:':�;.' • Director - •'`-
A :_yes
Wilfred M.Okabe .?� Diane A.Noda
Managing Director Deputy Director-•;-
&MTN of Rattan -
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 •Hilo,Hawai`i 96720 :,;••
Ph:(808)961-8083•Fax:(808)961-8086
cohdem@co.hawaii.hi.us -- -
http://www.hawaiicounty.gov/environmental-management/ "'
'. :•
MEMORANDUM
TO: Michael Yee,Director = • '"
Planning Department / —?
3
FROM: William A. Kucharski,Director t.�
SII
Environmental Management Dep• n
--v c.o
DATE: July 25,2018
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66(REZ 04-000030)
Applicant: Bruce B. A. Easley and Austin K.P. Easley
(formerly Bruce B. A. Easley)
Request: Amendment to Condition D (Secure Final Subdivision Approval)
Tax Map Key: (3) 7-3-027:007
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
(X) No comments.
( ) Commercial operations, State and Federal agencies,religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hawai`i
Organics Facility and East Hawai`i Organics Facility, or other suitable diversion
programs.
( ) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
Planning Dept
\� Exhibit
11 v,County of Hawaii is an Equal Opportunity Provider and Employer r.
Mr.Michael Yee,Director
July 25, 2018
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
(X) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawai`i County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawai`i County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawai`i County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require,which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
( ) Other:
WK:mef
Harry Kim '(%).* ,'-: •N� '• Paul K. Ferreira
hfayor
•,„�`�yI Police Chief
•'tom�'i«/�:•:
•—23'.rioritr•
+T,,••o�.N,,+�.- Kenneth Sugado,Jr.
•• Deputy Police Chief
County of Hawai'i
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawai'i 96720-3998
(808)935-3311 • Fax(808)961-2389 r
June 28, 2018c)C� c_
,v
C_
TO : MICHAEL YEE, PLANNING DIRECTOR •
FROM J
e' e' e•, ASSISTANT CHIEF, AREA II OPERATIONS -
SUBJECT : AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05 66 (REZ 04-000030)
APPLICANT: BRUCE B.A. EASLEY AND AUSTIN K. P. EASLEY
(FORMERLY BRUCE B. A. EASLEY)
REQUEST: AMENDMENT TO CONDITION D (SECURE FINAL SUBDIVISION
APPROVAL)
TAX MAP KEY: 7-3-027:007
•
The above-referenced amendment has been reviewed, and we have no comments to offer at
this time.
Should you have any questions or concerns, please contact Captain Gilbert Gaspar Jr.,
Commander of the Kona District, at 326-4646, extension 299.
GG/jaj
RS 180639
Manning pt:
Exhibit
.' 19285
"Hawai'i County is an Equal Opportunity Provider and Employer"
Darrow, Jeff 2ilin PUp
From: Lebo, Susan A <susan.a.lebo@hawaii.gov> PLAN, , y�. :t_
Sent: Wednesday,August 8, 2018 12:27 PM �.j;;; r- i • t. ,t_NT
To: Nakamura, Darlene K; Darrow,Jeff
Cc: Clark, Garnet K
Subject: Zone Ordinance No.05-66 (REZ 04-000030)
Attachments: 3-7-3-027 2018-01517_1807GC25_ARCHY 6E42_PRMT_COMMENTS.pdf
Hello,
Attached is a pdf copy of our division's review of the following submittal:
Chapter 6E-42 Historic Preservation Review-
Request for Amendment to Change of Zone Ordinance No.05-66(REZ 04-000030)and
Request to Amend Condition D(Secure Final Subdivision Approval)
Bruce B.A. and Austin K.Easley,73-2335 Kaloko Drive,Kona
Kaloko Ahupua`a,Kona District,Island of Hawai`i
TMK: (3)7-3-027:007
Sincerely,
Susan
Susan A. Lebo,PhD
Archaeology Branch Chief
State Historic Preservation Division
Department of Land and Natural Resources
Kakuhihewa Building,Suite 555
Kapolei,HI 96707
(808)692-8019
Susan.A.Lebo@hawaii.gov
Pi
Exhibit ning w (Doepl:
_
.11990
SUZANNE D.CASE
CIL RPERSON
DAVID OR Y.F IGEHAWAII
o BOARD OE LAND AND NATLRAL RESOURCES
GOVERNOR OF HAWAII A".....--4"4Y 9 5 „LY CONE.DSSR)N ON WATER RESOURCE MANAGEMINT
N41-4'; %: Y, ROBERT K.ALiSUDA
)t FIRST DLPULY
�-�,,,,�,LLand , . ii2F ff JEFFREY T.PEARSON,P.F..
t<V"- Nd( fr 47 PUiY DIRIVIOR.WATER
O (y t}
ect d� T•Kltr.''�
'Pp �-y AQUATIC ROOM(ES
,I� '�'•. •fit• J (:�'; v(i."^••- �� BUARA WRECRE
ATION
BUREAU or CONVEYANC ES
<'UALYDSSfON ON WATER RI•SOLR('E MANAGEMENT L'ONSERVATR)N AND
EL
FORESTRYCORING
ASTAL!.ENDS
CONSI.RVATION AND RESOURCES ENT ORCEMYNT
STATE OF HAWAIIFTTSVANDWU
AND WILDLIFE
���,�p DEPARTMENT OF LAND AND NATURAL RESOURCES IDSTORR'PRFSLRVADON
State OF f*�" K41 OOLAME MANE/R 1)ERVF.C'OMMmSR)N
LANSTATE HISTORIC PRESERVATION DIVISION STATE PARKS
KAKUIIIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
July 30,2018
IN REPLY REFER TO:
Russell Y.Tsuji,Land Administrator Log No.2018.01517
Land Division,Department of Land and Natural Resources Doc No. 1807GC25
P.O.Box 621 Archaeology
Honolulu,HI 96809
Email:Darlene.K.NakamuraRhawaii.gov
Michael Yee,Planning Director
County of Hawaii,Planning Department
101 Pauahi Street,Suite 3
Hilo,HI 96720
Email:Jeff.Darrowahawaiicounty.gov
SUBJECT: Chapter 6E-42 Historic Preservation Review-
Request for Amendment to Change of Zone Ordinance No.05-66(REZ 04-000030)and
Request to Amend Condition D(Secure Final Subdivision Approval)
Bruce B.A.and Austin K.Easley,73-2335 Kaloko Drive,Kona
Kaloko Ahupua`a,Kona District,Island of Hawaii
TMK:(3)7-3-027:007
This letter provides the State Historic Preservation Division's (SHPD's) review regarding the subject submittal.
SHPD received this submittal on July 10, 2018.The submittal included a cover letter from the Department of Land
and Natural Resources Land Division and a County of Hawaii Planning Department permit application.
The submittal indicates that in 2005, the County Council approved the change of zone from Agricultural 20-acres
(A-20a) to Agricultural 10-acres (A-10a) with fourteen (14) conditions. Condition D required Final Subdivision
approval be secured within five years from the effective date of the ordinance of May 16, 2005. The submittal
indicates that due to conditions beyond the control of the applicants, through no fault of negligence and financial
constraints the applicant was unable to meet Condition D of Ordinance 55-66.
The applicants, Bruce B.A. and Austin K.Easley,request an amendment to Condition D to allow an additional five
(5)years from the effective date of the requested amendment to secure Final,Subdivision Approval.
A review of SIIPD records identified no record of any archaeological inventory surveys, field inspections, or other
historic preservation reviews have been conducted for this parcel. Previous studies conducted within Kaloko
Ahupua`a have identified evidence of historic properties in previously undisturbed areas including habitation sites,
burials,agricultural complexes, ceremonial sites,and caves. This parcel is located within the geographic margins of
the Kona Field System which is listed in the State Inventory of Historic Places(SIHP)as Site 50-10-37-6601.Sites
associated with the Kona Field System have been documented at relatively high elevations in Kaloko Ahupua`a.
Based on the information provided, the SHPD has no objections to the applicant's request for an amendment to
Condition D of Ordinance No.05-66.
. SHPD requests the opportunity to review any ground disturbing activities related to this subdivision prior to
issuance of permit.
Russell Tsuji and Michael Yee
July 30,2018
Page 2
Please contact Dr. Susan Lebo, Archaeology Branch Chief, at(808)692-8019 or at Susan.A.Leboahawaii.Qov for
any questions or concerns regarding this letter.
Aloha,
AV 00kVHet
Alan S.Downer,PhD
Administrator,State Historic Preservation Division
Deputy,State Historic Preservation Officer
SUZASA D.CASE..• - ."
tE"•'"hAh. • - • '"CHAIRPERSON ' •i.
DAVID Y.IGE h>l• 9 S a•`9� _ BOARD OF LAND AND NATLRESO4OSCES
GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE,
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J.L .. STATE OF HAWAII
stare cr Fla+r"a DEPARTMENT OF LAND AND NATURAL RESOURCES - • •-
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96509 . •
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July 31 2018
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County of Hawaii
Planning Department
Attention: Ms. Shancy Watanabe via email: shancy.watanabe(a�hawaiicounty.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr.Watanabe:
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Request to Amend Condition D (Secure Final Subdivision Approval)
located at 73-2335 Kaloko Drive, North Kona, Island of Hawaii;
TMK: (3) 7-3-027:007 on behalf of Bruce Easley and Austin Easley
Thank you for the opportunity to review and comment on the subject matter. In addition
to our previous comments dated July 25, 2018, enclosed are comments from the Engineering
Division on the subject matter. Should you have any questions, please feel free to call Darlene
Nakamura at (808) 587-0417. Thank you.
Sincer ty,
Russell Y. Tsuji
Land Administrator
Enclosure
cc: Central Files
Planning 121ipt.
F . ithrt
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DAVID Y.IGE ':8_L-0:P19 .3_)6 iSOALACDIFL-aDRP:L.gTLRL
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GOVERNOR OF HAWAII '
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\-i,,,,---.; r--_,- STATE OF HAWAII
Stte of i,,,,--:--.;,-H;,a• DEPARTMENT OF LAND AND NATURAL RESOURCES _ ="
LAND DIVISION 7�`;ry c
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POST OFFICE BOX 621 -,:-.,‘•:,•71. -1 Cr. .':.:,.;• ,
HONOLULU,HAWAII 96S09 1- w'.Y CO Cr:.
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July 6, 2018 ---c'�,,- `V
MEMORANDUM =",, -""
DLNR Agencies:
/ Div.
_ of Aquatic Resources
_Div. of Boating & Ocean Recreation
O X Engineering Division
_Div. of Forestry &Wildlife
Div. of State Parks
X Commission on Water Resource Management
_Office of Conservation & Coastal Lands
X Land Division— Hawaii District
O X Historic Preservation
I-
ILL)N----
AFtij-CrjECT: p/Russell Y. Tsuji, Land Administrator: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Request to Amend Condition D (Secure Final Subdivision Approval)
LOCATION: 73-2335 Kaloko Drive, North Kona, Island of Hawaii; TMK: (3) 7-3-027:007
APPLICANT: Bruce Easley and Austin Easley
Transmitted for your review and comment is information on the above-referenced
subject matter. We would appreciate your comments by July 23, 2018.
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 Darlene Nakamura at 587-0417.
Thank you.
( ) We have no objections.
(✓ ) We have no comments.
( ) Comments e attached.
Signed:
9 r
or dr,
Print Name:' _ ..-
Date: `'
Attachments
cc: Central Files
' S ,d.r Mq _ SUZANNE D.CASE
DAVID Y.IDE S j 9
'.15D ,q ACHAIRPERSON
GOVERNOR OF HAWAB q�' `'% '•.� BO RD OF LAND AND NATURAL RESOURCES
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COMMISSION ON WATER RESOURCE
MANACE.MENT
of vBrA and iv,
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it maim ii•Ni.
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. STATE OF HAWAII
sraeoDEPARTMENT OF LAND AND NATURAL RESOURCES
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LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
7 w
July 25, 2018 c
County of Hawaii =
Planning Department
Attention: Ms. Shancy Watanabe via email: shancy.watanabe @,,hawaiicounty.g5v c w
101 Pauahi Street, Suite 3 z I--'
Hilo, Hawaii 96720
Dear Mr. Watanabe:
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66 (REZ 04-000030)
Request to Amend Condition D (Secure Final Subdivision Approval)
located at 73-2335 Kaloko Drive, North Kona, Island of Hawaii;
TMK: (3)7-3-027:007 on behalf of Bruce Easley and Austin Easley
Thank you for the opportunity to review and comment on the subject matter. The
Department of Land and Natural Resources' (DLNR) Land Division distributed or made
available a copy of your report pertaining to the subject matter to DLNR Divisions for their
review and comments.
At this time, enclosed are comments from the Land Division — Hawaii District on the
subject matter. Should you have any questions, please feel free to call Darlene Nakamura at
(808) 587-0417. Thank you.
Sincerely,
Russell Y. Tsuji
Land Administrator
Enclosure
cc: Central Files
119689
DAVID Y.IGE M BRUCE S.ANDERSON PhD.
GOVERNOR OF HAWAII � oes�y DIRECTOR OF HEALTH
ti
STATE OF HAWAII `'
DEPARTMENT OF HEALTH
P.O. BOX 916 =�
HILO, HAWAII 96721-0916
•
MEMORANDUM z
DATE: July 3, 2018
TO: Mr. Michael Yee
Planning Director, County of Hawaii
FROM: Eric Honda fr
District Environmental Health Program Chief
SUBJECT: Amendment to Change of Zone Ordinance No. 05 66 (REZ04-000030)
Applicant: Bruce B. A. Easley and Austin K. P. Easley
Request: Amendment to Condition D
TMK: 7-3-027:007
This office has no additional comments to those made previously. Reference is made to
December 17, 2004 letter to the Planning Director.
Nanning [ . =5.
Fx.hibit
119336
Post Office Box 1101
Jp GOERS Kamuela, Hawaii 96743
ENTERP11SES, LLC Phone Fax (808) 880-1456
Land Use Alternatives gmooers@hawaii.rr.com
INN_J
July 2, 2018
cG'
-
Michael Yee C 'J
Director
Planning Department �,
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 967420
Re: Change of Zone Ordinance No. 05 66
Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a)
Subject: Five (5) year Time Extension to "D" (Final Subdivision Approval)
Applicants and Owners: Bruce B.A. Easley and Austin K.P. Easley
Kaloko,North Kona, Hawaii
Tax Map Key: (3) 7-3-027:007
Dear Mr. Yee:
Your staff has requested additional information about why the applicants did not finish the subdivision
they started in 2005 and why that issue no longer constrains them from completing the subdivision.
Tentative Subdivision Approval (SUB-05-000136) Condition 4 required that there be a common access
point onto Kaloko Drive. The way the subdivision was drawn at that time the common boundary was at a
location with a significant grade change requiring 25-feet of fill to accommodate a common access at a
projected cost of over $200,000. This was not financially feasible. Since this time, they have found that
there are other less costly solutions such as re-configuring the lots so that their common boundary is at a
location with a smaller grade change or the use of an interior access easement that will allow access for
each lot but still comply with the requirements of the Tentative Subdivision Approval letter dated
December 13, 2005.
Should you or your staff have any questions or require additional information,please contact me directly.
Sincerely,
Aurl A°: /Pierefre--
Pia ning 4ept.
Gregory Mooers Exhibit
President
19306
Watanabe, Shancy
From: Greg Mooers <gmooers@hawaii.rr.com>
Sent: Monday,July 02, 2018 3:14 PM
To: Watanabe, Shancy
Subject: RE: Would you please provide additional information that we can include in your
application?
Attachments: additonal cost info.doc
Follow Up Flag: Follow up
Flag Status: Flagged
Shancy:
Please find attached a letter providing the information you requested. Let me know if you need me to mail a hard cop
or if this copy is adequate.
greg
From:Watanabe, Shancy<Shancy.Watanabe@hawaiicounty.gov>
Sent: Friday,June 29, 2018 1:09 PM
To:Greg Mooers<gmooers@hawaii.rr.com>
Subject: Would you please provide additional information that we can include in your application?
Aloha Greg,
Good afternoon. When time permits, would you please provide clarifying information to the following questions that we
could add to your application and provide to the Planning Commission for their review?
1. Would you please provide a little more detail as to the reasons for not finishing the project? Could you please
expand upon the reason of financial constraints (i.e. was it a specific condition in the subdivision Tentative
Approval that the applicants were working on that prevented completion?).
2. Please provide a paragraph explaining how the applicant's current situation is different from before and will allo
them to progress to completion of the subdivision and, therefore, will help to satisfy the conditions of the approve
Change of Zone Ordinance.
If you have any questions, please contact me at (808)961-8144.
Mahalo nui loa,
Ui(T,,.y
1
T Post Office Box 1101
MOOERS Kamuela, Hawaii 96743
ENTERPRISES LLC Phone (808) 8804455
� Fax (808) 880-1456
Land Use Alternatives gmooers@hawaii.rr.com
June 29, 2018
;Dr m
>
Michael Yee
Director
Planning Department ? -
County of Hawaii
101 Pauahi Street, Suite 3 "�
Hilo, Hawaii 967420
Re: Change of Zone Ordinance No. 05 66
Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a)
Subject: Five (5)year Time Extension to "D" (Final Subdivision Approval)
Applicants and Owners: Bruce B.A. Easley and Austin K.P. Easley
Kaloko,North Kona,Hawaii
Tax Map Key: (3) 7-3-027:007
Dear Mr. Yee:
I have received a copy of a letter from the Department of Water Supply to my client acknowledging
payment of a $150 water commitment deposit for one additional unit of water for the project described
above. There were four conditions assigned in this letter. The applicants understand these conditions and
will comply.
Should you or your staff have any questions or require additional information, please contact me directly.
I am an agent for the applicant/owners.
Sine- ely,
Grego r ooers
President
GRM:jy
Copy: Department of Water Supply
Manning apt
Exhibit
11. 9295
J/9 Post Office Bibs 110:1•
GOERS Ialmuela; Hawaii')6713
ENTERPRISES, LLC Phone (808).880=1,455 "
Fax (808) 880-1456 '
Land Use Alternatives gmooers@hav,mii.rrcom
July 4, 2018
Michael Yee,Director
Planning Department
County of Hawaii .....,,.,:� ; -
r.,
101 Pauahi Street, Suite 3 - - 7
Hilo,Hawaii 967420 C��>
c---
k.-
k._ r-
Re: Change of Zone Ordinance No. 05 66
Agricultural 20-acres(A-20a)to Agricultural 10-acres (A-10a) Z'-- ,J1
Subject: Five (5)year Time Extension to"D"(Final Subdivision Approval) `_ 0
Applicants and Owners: Bruce B.A.Easley and Austin K.P. Easley
Kaloko,North Kona,Hawaii 3 .1
Tax Map Key: (3) 7-3-027:0075_1: -7
n --Z
—z co
Dear Mr.Yee: --t
Your staff has forwarded agencies' comments to me regarding the application identified above. I offer the
following responses:
Department of Water Supply:
Reference was made to their letter to the applicants dated June 18, 2018. I previously responded to these
comments and that response is still valid.
Department of Public Works:
The applicants understand the property is located in Flood Zone"X" on the FIRM. The applicants will resubmit a
subdivision application should the requested time extension be approved.
Police Department:
No comments were offered therefore no response is warranted.
Should you or your staff have any questions or require additional information,please contact me directly. I am an
agent for the applicant/owners.
Sincerely,
4,3_ , ffile-004-
Gregory Mooers
President
GRM:jy
Copy: Department of Water Supply,Public Works 332
•
/ Post Offce_Box 1101
fA/
ERsKamuela, Hawaii_96743 :
40, NTERPRISES LLC Phone (808) 880;'1455
Fax (808) 880-1456_
Land Use Alternatives gmooers aihankaiirrsc`orn-,
11(
August 13,2018
Michael Yee,Director .. --,;' c
Planning Department
County of Hawaii r�
101 Pauahi Street, Suite 3
Hilo,Hawaii 967420 ca
Re: Change of Zone Ordinance No. 05 66 r L
Agricultural 20-acres (A-20a)to Agricultural 10-acres(A-10a) 7}
Subject: Five(5)year Time Extension to"D"(Final Subdivision Approval)
Applicants and Owners: Bruce B.A.Easley and Austin K.P.Easley —z
Kaloko,North Kona,Hawaii
Tax Map Key: (3) 7-3-027:007
Dear Mr.Yee:
Your staff has forwarded agencies' comments to me regarding the application identified above. I offer the
following responses:
Department of Land and Natural Resources-Historic Preservation Division:
SHPD had "no objections" to this request. They asked for an opportunity to review any ground disturbing
activities in the future. The applicants understand and will comply with all regulations relation to grubbing and
grading in the future as development of this property proceeds. •
Department of Health,Department of Environmental Management DLNR Engineering Division:
No comments were offered therefore no response is warranted.
Should you or your staff have any questions or require additional information, please contact me directly. I am an
agent for the applicant/owners.
Sincerely,
0 •41
Gregory Mooers
President
GRM:jy
X19961
REasleyAmendREZ.ie 09-12-18
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
BRUCE B.A. EASLEY AND AUSTIN K.P. EASLEY (FORMERLY BRUCE B. EASLEY)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05 66 (REZ 2004-000030)
Upon careful review of the request, the Planning Director recommends that a
favorable recommendation of the request to amend Condition D (time to secure Final
Subdivision Approval) of Change of Zone Ordinance No. 05 66,be forwarded to the County
Council. Since this recommendation is made without the benefit of public testimony, the
Director reserves the right to modify and/or alter this position. This favorable recommendation is
based on the following finding:
The applicants are requesting a five(5)-year time extension to comply with
Condition D (time to secure Final Subdivision Approval) of Change of Zone Ordinance
No. 05 66, which reclassified 20.254 acres of land from an Agricultural (A-20a) to an
Agricultural (A-10a) zoning district to subdivide the property into two lots approximately
10 acres in size. The lots are intended to be used as residential/agricultural lots, one for
each of the applicants. The applicants intend to construct a dwelling on each of the
proposed lots.
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, successors or assigns, and that
are not the result of their fault or negligence. The effective date of Ordinance No. 05
66 was May 16, 2005, which required securing Final Subdivision Approval within five
(5) years or by May 16, 2010. The applicants received an administrative time extension
for an additional five (5) years or by May 16, 2015, but could not complete the conditions
of approval.
The applicants submitted a subdivision application in July of 2005
(SUB-05-000136). Condition 4 of the tentative subdivision approval required that access
to the subdivision from Kaloko Drive be limited to one (1) location and improved
according to Section 23-87 of the Hawai`i County Code and Department of Public Works
Standard Detail R-39. The way the original subdivision was drawn, the common
-1-
boundary was at a location with a significant grade change requiring 25-feet of fill to
accommodate a common access, which was projected to cost of over $200,000. This was
not financially feasible. Since that time, they have found that there are other less costly
solutions such as re-configuring the lots so that their common boundary is at a location
with a smaller grade change or the use of an interior access easement that will allow
access for each lot. The subdivision application was withdrawn on August 27, 2014 at
the applicants' request. The applicants are now in a position to resubmit the subdivision
application.
Approval of this request would not be contrary to the General Plan or
Zoning Code nor the original reasons for granting the Change of Zone. The original
reasons for the approval of the change of zone are still applicable and the request is not
contrary to these reasons. There have not been any significant changes to the General
Plan or Zoning Code for this area since the subject rezone approval in 2005. At that time
the General Plan LUPAG Map designation for the property was the same as it is today,
Important Agricultural Lands. These are designated lands with better potential for
sustained high agricultural yields because of soil type, climate, topography, or other
factors. Additionally, there have been three (3) other parcels in the area reclassified from
A-20a to A-10a since the approval of this rezoning in 2005.
The applicants are simply seeking additional time to secure Final Subdivision
Approval and to complete the conditions of the original approval of the change of zone
request and the tentative subdivision approval. The Planning Department is supportive of
the request for a time extension as the applicants are committed to completing the
subdivision and related improvements.
The proposed request will not unreasonably burden public agencies to provide
infrastructure and utilities to the property. The property has sufficient access from
Kaloko Drive. There is sufficient water and utilities for the proposed request. There are
no drainage issues as the Federal Emergency Management Agency Flood Insurance Rate
Map (FIRM) designates the property as Zone"X", which is an area determined to be
outside of the 500-year flood plain. Additionally, the applicants have complied with
-2-
Condition K, which required a fair share payment towards improving the Kaloko
Drive/Mamalahoa Highway intersection. The Planning Director also recommends
updating the existing conditions to reflect the current standard language and adding new
conditions as requested by agencies. The applicants are committed to complying with the
conditions of approval, including the requirements for protecting and maintaining the
naturally forested areas on their property by creating forest reserve easements and
enhanced structural setbacks on the property(s). Lastly, the applicants will be required to
comply with all agency requirements and stated conditions of approval.
This favorable recommendation is made with the understanding that the applicants
remain responsible for complying with all other applicable county, state and federal
governmental requirements in connection with uses permitted within the Agricultural
zoning district, prior to its commencement and during its establishment upon the subject
properties. Additional governmental requirements may include the issuance of building
permits, 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, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance
No. 05 66. In addition, the Planning Director recommends that existing conditions in the
Ordinance be revised to reflect the current standard language for conditions of approval.
The accompanying draft bill to amend Ordinance No. 05 66 is provided for your
favorable consideration. Please note the proposed conditions of approval attached to the
draft bill. Material to be deleted is bracketed and struck-through; new material is
underscored.
-3-
.........
COUNTY OF HAWAII STATE OF HAWAII
J,TE•OF•N'�T
BILL NO.
ORDINANCE NO. I Ann,(it; At-hn'ri-
AN ORDINANCE AMENDING ORDINANCE NO. 05 66, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—TEN ACRES
(A-10a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY:
7-3-027:007.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 1 and Section 2 of Ordinance No. 05 66 is amended as follows:
"SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2016 Edition as amended), is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawai`i, shall be Agricultural— 10 acres (A-10a):
Beginning at the Northeasterly corner of this parcel of land, being also the
Southeasterly corner of Lot 5 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 1010) and being a point on the Westerly side of Kaloko Drive, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA"being 10,814.23 feet South and 6,160.12 feet East and running by
azimuths measured clockwise from True South:
1. 5° 10' 1,000.00 feet along the Westerly side of Kaloko Drive
to a point;
Thence, for the next three (3) courses following along the remainder of Royal
Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha:
2. 95° 10' 690.32 feet along Lot 1 of Block 9 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010) to a point;
3. 164° 10' 1,071.15 feet along Lot 2 of Block 9 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010) to ap oint;
4. 275° 10' 1,074.18 feet along Lot 5 of Block 9 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010) to the point of beginning and
containing an area of 20.254 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), 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:
(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.
INSERT CONDITIONS"
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
-2-
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
•
-3-
• A-20a
I A-20a
A-20a ///
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, '' 10,814.23 10,814.23 5
A•5a16
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yd p A-f0a
L, A-20a
A-10a r A-20a A-20a
A;Sa Q
A-7a
o A-2pa AGRICULTURAL(A-20a) A-20a
,c A-2Qa TO AGRICULTURAL(A•10a)
20.254 Acs.
-a;�a \ A-20a
A-20a I
A-5a A
A-3a A-va \.
000 000 0 4506 4 ON 64:0 8880
eei
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a)
TO AGRICULTURAL (A-10a)
AT KALOKO, NORTH KONA, HAWAII I
PREPARED BY. PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK 7-3-027 007 Date:Decembe( 17 2004
EXHIBIT "A' FOR REFERENCE ONLY (BRUCE B. EASLEY-1158)
C Eas 1 eyAmendREZ-09/12/2018
BRUCE B.A. EASLEY AND AUSTIN K.P. EASLEY (FORMERLY BRUCE B. EASLEY)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 05 66 (REZ 04-000030)
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. The applicants shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety(90) days from the effective date of this amended
change of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this amended ordinance. The applicants shall reserve the following easements and
special setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
1. [a] 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] A 30-foot "forest reserve easement" along all lot lines not covered by
the 100-foot easement; and
3. [a] A 100-foot wide structural setback in lieu of the required 30-foot
setback along the existing property's public street frontage to provide an
additional buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
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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 applicants 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 State
Department of Health, the State Department of Agriculture and the U.S.
Department of Natural Resources Conservation Service. The forest management
plan shall require the following:
1. Include at minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewardship Program).
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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 Hawai`i 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 applicants and the County and recorded with
the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
3. If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the forest management plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20%within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This forest management plan shall govern the proposed lots within the
subject property for a period of fifty(50) years and its termination may be
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed in a
manner meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
[Should any remains of historic sites, such as rock walls, terraces, platforms,
- • .- ' - - . •:- • . - ` R HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological cl arance from the
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DLNR HPD when it finds that sufficient mitigative measures have been taken.] In
the unlikely event that any surface or subsurface historic properties and/or
resources, such as lava tube openings, concentrations of artifacts, structural
remains or human skeletal remains are found during construction activities, the
applicants shall cease work in the immediate vicinity of the find, protect the find
from additional disturbance and immediately contact the State Historic
Preservation Division (DLNR-SHPD) at (808) 933-7651 for further guidance.
The applicants shall also notify the Planning Department immediately after
contacting the DLNR-SHPD. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
J. The applicants shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
K. [The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
number of lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable within ninety days of the
effective date of this ordinance. 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. The fair share contribution shall have a
value of$9,472 per additional lot. Based upon the applicant's representation of
intent to subdivide and develop up to one (1) additional lot, the indicated total fair
share contribution is $9,472. The fair share contribution shall be allocated as
follows:
• $9,472 per lot for an indicated total of$9,472 to the State or County to
support road and traffic improvements.
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The fair share contribution shall be adjusted annually by the Hawaii County
Planning Department,beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
- ' _ .. - - , -- !' . : --• .
final report to the Council for its information that identifies the specific approved
fair share contributions, as allocated, and further implementation
requirements.]The applicants shall consult with the State Historic Preservation
Division prior to the submittal of a permit for any ground disturbing activities
related to the subdivision.
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
M. The applicants shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
N. [An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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
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 ycar).]If the applicants should
require an additional extension of time, the Planning Director shall submit the
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applicants' request to the Planning Commission and the Hawai`i County Council
for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more appropriate
designation.
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ORD !INANCE NO . 66
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THE APPLICANTS ARE REQUESTING:
• A 5-YEAR TIME EXTENSION TO COMPLY WITH CONDITION D (SECURE FINAL SUBDIVISION
APPROVAL) OF CHANGE OF ZONE ORDINANCE NO. 05 66, WHICH RECLASSIFIED 20.254-ACRES
OF LAND FROM AN AGRICULTURAL (A-20A) TO AN AGRICULTURAL (A-10A) ZONING DISTRICT, IN
ORDER TO SUBDIVIDE THE PROPERTY INTO TWO LOTS APPROXIMATELY 10 ACRES IN SIZE.
• THE LOTS ARE INTENDED TO BE USED AS RESIDENTIAL/AGRICULTURAL LOTS, ONE FOR EACH
OF THE APPLICANTS. THE APPLICANTS INTEND TO CONSTRUCT A SINGLE-FAMILY DWELLING
ON EACH OF THE PROPOSED LOTS.
• IN 2014, THE APPLICANTS WITHDREW THEIR SUBDIVISION APPLICATION BECAUSE A
SIGNIFICANT GRADE CHANGE AT THE PROPOSED ACCESS TURNED OUT TO BE FINANCIALLY
NOT FEASIBLE.
• APPROVAL OF THIS AMENDMENT WILL ALLOW THE APPLICANTS TO RESUBMIT THEIR
SUBDIVISION APPLICATION WITH A RECONFIGURED LOT DESIGN WHICH PROVIDES AN
ACCEPTABLE COMMON ACCESS.
• THE PLANNING DIRECTOR RECOMMENDS UPDATING THE CONDITIONS TO MEET THE CURRENT
STANDARD LANGUAGE.
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F ' ABLE RECOMMENDATION T •.
ANGE OF ZONE REQUEST
COUNTY COUNCIL
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
SEPTEMBER 20, 2018
A regularly advertised hearing on the application of BRUCE B. A.EASLEY AND AUSTIN K.
P. EASLEY(FORMERLY BRUCE B.EASLEY) (AMEND REZ 04-000030)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, Scott Church, Perry Kealoha, Sonny Shimaoka
and Faye Yates
ABSENT AND EXCUSED: Nancy Carr Smith and Michael Vitousek
ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission), Michael Yee(Planning
Director), Jeff Darrow(Planning Program Manager), Maija Jackson(Planner), Shancy Watanabe
(Planner)and Noriko Sauer(Commission Secretary)
And approximately 70 people from the public in attendance.
APPLICANT: BRUCE B. A. EASLEY AND AUSTIN K. P. EASLEY(FORMERLY
BRUCE B. EASLEY) (AMEND REZ 04-000030)
Application for a 5-year time extension to comply with Condition D (Secure Final Subdivision
Approval)of Change of Zone Ordinance No. 05 66, which reclassified 20.254 acres of land from
an Agricultural(A-20a) to Agricultural(A-10a) zoning district. The property is located along
the west side of Kaloko Drive, approximately 4,000 feet mauka from the Haleamau Street-
Kaloko Drive intersection, Kaloko Mauka Subdivision, Kaloko,North Kona, Hawai`i,TMK:
7-3-027:007.
UNGER: The first agenda item,New Business,Applicant Bruce Easley and Austin Easley,
formerly Bruce Easley, Amend REZ 04-000030, application for a five-year time extension to
comply with Condition D, Secure Final Subdivision Approval, of Change of Zone Ordinance
No. 05 66,which reclassified 20.254 acres of land from an Agricultural A-20a to Agricultural
A-10a zoning district. The property is located along the west side of Kaloko Drive,
approximately 4,000 feet mauka from the Haleamau Street-Kaloko Drive intersection, Kaloko
Mauka Subdivision, Kaloko,North Kona, Hawai`i, TMK 7-3-27: Parcel 7. We'll start with a
presentation from the Planning Department.
WATANABE: Aloha and good morning, everyone. Hope everyone is comfortable. The
applicants are Bruce and Austin Easley. This is for an amendment to Change of Zone Ordinance
05 66. The subject property is outlined in red here in the Kaloko Mauka Subdivision. It's about
4,000 feet from the intersection of Kaloko Drive and the Haleamau Street in the North Kona
District. The nearest stream is the non-perennial Kailua-Kona Stream, which is about three and a
half miles away, and flows to the south and away from the subject property.
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DRAFT
•
The applicants are requesting a five-year time extension to comply with Condition D to secure
final subdivision approval, Change of Zone Ordinance 05 66, which reclassified 20.254 acres of
land from an Agricultural-20 acres to an Agricultural-10 acres zoning district, in order to
subdivide the property into two lots approximately, well, minimum of ten acres in size. The lots
are intended to be used as residential/agricultural lots, one for each of the applicants. The
applicants intend to construct a single-family dwelling on each of the proposed lots. In 2014 the
applicants withdrew their subdivision application because of a significant grade change at the
proposed access that turned out to be financially not feasible. Approval of this amendment will
allow the applicants to resubmit their subdivision application with a reconfigured lot design,
which provides an acceptable common access. The Planning Director recommends updating the
conditions of approval to meet the current standard language.
The applicants provided this original subdivision map, which shows the boundary line in the
middle,pretty much in the middle of the property,but that's where the access is not feasible
because of the grade change there.
This is the County zoning map. The subject property is designated as A-10a shown in the teal
and outlined in black. The other surrounding zonings are Agricultural shown in the greens and
blues.
This is the General Plan Land Use Pattern Allocation Guide Map. The subject property is
outlined in black and it's designated as Important Agricultural Lands. The white shows the
Extensive Agriculture.
This is the State Land Use Boundary Map. The subject property is in the State Land Use
Agricultural District.
This is an aerial photograph of the subject property shown in blue and the property is heavily
forested in this area. The elevation is about 3,700 to about 3,850 feet. And this area is also,
provides the forested area for the `Alala Recovery Plan designated in 1982.
This is a site photograph of the subject property, standing on Kaloko Drive, looking north, and
the subject property is to the left.
This is a site photo of the subject property on the same road, looking south, and the subject
property in on your right.
The Planning Director recommends a favorable recommendation to amend this Change of Zone
request to the County Council.
That concludes my presentation. I'm happy to answer any questions that the Commissioners
may have.
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DRAFT
UNGER: Thank you. Commissioners, are there any questions of County at this time? Thank
you. Would the applicant or applicant's representative come forward,please? Please raise your
right hand. Do you swear or affirm to tell the truth before the Planning Commission?
MOOERS: I do.
UNGER: Please state your name and area of residence.
MOOERS: My name is Greg Mooers. I'm an agent for the applicants. My address is P.O. Box
1101, Kamuela.
EASLEY: My name is Austin Easley. He's representing me. And my address, P.O. Box 5534
Kailua-Kona, Hawai`i 96745.
UNGER: Thank you. If you have anything to add to the County presentation.
MOOERS: Thank you, Chair Unger. The applicant and I have had an opportunity to review the
background report and recommendation provided by the Planning Department. I believe it's an
accurate representation of situation and we concur with the recommended conditions of approval
that the Department has proposed. And I'm prepared to answer any questions that the
Commissioners may have.
UNGER: Great, thank you. Commissioners, do you have any questions of the applicant at this
time? Seeing no questions, thank you very much. You can take your seat.
If there's any members of the public here to testify on this agenda item,please come forward at
this time. Seeing no members, I need a motion from the Commission to close public hearing.
SHIMAOKA: I move.
CHURCH: Second.
UNGER: Motion by Commissioner Shimaoka, second by Church. All in favor?
COMMISSIONERS: Aye.
UNGER: Opposed? [None.] Motion passes. Public testimony is now closed. Commissioners,
I am requesting a motion on this agenda item.
CHURCH: Chair Unger, I move that a favorable recommendation be forwarded to the County
Council on the request to amend Change of Zone Ordinance No. 05 66,based on the Planning
Director's recommendation and proposed amended conditions, which shall be adopted.
SHIMAOKA: I second.
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DRAFT
,
UNGER: We have a motion on the table. The floor is open for discussion. Commissioners?
Hearing no discussion, I'll call for a roll.
WATANABE: Yes, Chair. Commissioner Church?
CHURCH: Aye.
WATANABE: Commissioner Shimaoka?
SHIMAOKA: Aye.
WATANABE: Commissioner Kealoha?
KEALOHA: Aye.
WATANABE: Commissioner Yates?
YATES: Aye.
WATANABE: And Chair Unger?
UNGER: Aye.
WATANABE: The motion carries, five to zero. Thank you.
UNGER: Thank you. You'll be notified in writing by the Leeward Planning Commission.
The discussion ended at 9:42 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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