HomeMy WebLinkAboutCOM 0840.000 2018-2020 J�tV of
Harry Kim o° +., Roy Takemoto
Mayor �,'�'f' Managing Director-
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•'• -- Barbara J.Kossow
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4Tf'of•Mr+t► Deputy Managing Director
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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 Fax(808)961-6553 -
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740
(808)323-4444 Fax(808)323-4440 w
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March 12, 2020
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: Change of Zone Application (REZ 19-000236)
Request: A-20a to A-5a
Applicant: Jean K. Campbell Trust and Jeffrey S. Clapp Trust
Tax Map Key: 7-3-025:002
As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced requests.
Sincerely,
HA KIM
Mayor
TCouncilCampbellClappTrustUZ 19-236
Enclosures
cc: Planning Department
' tt $1 comm. No.
Ref.To G
County of Hawaii is an Equal Opportunity Provider and Employer. MAR 1 2020
Ref. Date
0
Harry Kim Nancy Carr Smith,Chair
Mayor Perry Kealoha,Vice-Chair
Scott Church
Wil Okabe
Keith F.Unger
Managing Director
Michael Vitousek
Faith"Faye"Yates
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center - 101 Pauahi Street,Suite 3 * Hilo,Hawaii 96720
Phone(808)961-8288 - Fax(808)961-8742
MAR 9 2020
Aaron S.Y. Chung, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: Change of Zone Application (REZ 19-000236)
Applicant: Jean K. Campbell Trust and Jeffrey S. Clapp Trust
Request: A-20a to A-5a
Tax May Key: 7-3-025:002
The Leeward Planning Commission, at its duly held public hearing on February 20,2020, recommended
for your approval the proposed legislative bill for a Change of Zone from an Agricultural-20 acres (A-20a)
to Agricultural-5 acres(A-5a)zoning district. The property is located at 73-1915 Kaloko Drive,about 700
feet north of the most mauka intersection of Hao Street and Kaloko Drive, Kaloko Mauka Subdivision,
North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending favorable
consideration of the request:
The applicants are requesting a Change of Zone from Agricultural 20-acre
(A-20a)to Agricultural-5 acres(A-5a)to subdivide the 21.296-acre property into four(4)parcels,
consisting of a minimum of five(5)acres each, for estate planning purposes. There are currently
no homes on the subject property.
In order to consider an area for any type of zoning designation, the applicable goals,
policies and standards of the General Plan must be adequately addressed. It is only through such a
comprehensive policy analysis approach that evaluations and decisions can be made to better time
Hawaii County is an Equal Opportunity Provider and Employer
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 2
and stage developments to achieve growth consistent with the General Plan and related planning
documents. The implications of these evaluations and decisions must also be considered as they
may have an impact on similar areas in the County.
The Change of Zone request from Agricultural (A-20a) to the Agricultural (A-5a)
zoned district will conform to the goals,policies and standards of the General Plan Economic
and Land Use elements. The Land Use Pattern Allocation Guide(LUPAG)Map component of the
General Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for
areas within the County. The property is designated Important Agricultural Land,which are lands
with better potential for sustained high agricultural yields because of soil type,climate,topography,
or other factors. However, the subject property is primarily native forest and therefore it is
preferable to maintain the forest than to convert the property to agricultural uses.
The proposed Change of Zone will conform to, among others, the following goals and
policies of the Natural Resources Element of the General Plan;
• Protect rare or endangered species and habitats native to Hawaii.
• Within the Kona high rainfall/fog-drip belt,ground disturbing activities such as excessive
soil compaction and excessive removal of vegetative cover should be minimized and
mitigated consistent with management strategies that encourage the retention of existing
forested and pasture areas, reforestation, minimal coverage by impervious surfaces and
other strategies that encourage effective infiltration to groundwater.
• Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals.
• Create incentives for landowners to retain and re-establish forest cover in upland watershed
areas with emphasis on native forest species.
Among the most significant of the island's natural resources are upland forests that provide
the essential groundwater recharge areas. All groundwater sources in North and South Kona
ultimately depend upon recharge that primarily occurs in a band between the 1,500 and 5,500-foot
elevations. In the lower part of this band, rainfall dominates from approximately the 1,500 to
3,000-foot elevation. In the upper part of this band, above the 3,000-foot elevation, fog that
collects on trees and drips to the ground is a major contributor to the aquifer. In recognition of the
importance of the mauka Kona area for watershed and other environmental values, the County
Council established a policy in Resolution No.330-96(1996)that no lands in North or South Kona
above 2,500 feet in elevation(except in the existing Kaloko Mauka Subdivision)should be rezoned
to lot sizes less than 20 acres,without a corresponding reduction in density on contiguous lands. In
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 3
Kaloko Mauka, the Council found that the concerns could be mitigated by specific rezoning
conditions which would require that at least 80%of the property be kept in forest cover,in the area
above 3,000 feet in elevation(Resolution No.58-97). One of the conditions included in Resolution
No. 58-97 was to restrict the number of dwellings to one per lot. The Planning Director
recommends a restriction against a second dwelling on each lot to minimize the density of
development in the native forest, similar to a condition included with other past rezones in the
subdivision. Conditions of approval will be included to meet the forest cover and density
requirements of the resolutions mentioned above.
According to the applicant,the property is heavily forested with a relatively closed canopy
of`ohi`a and a dense understory of hapu`u ferns and other native and non-native trees and shrubs.
Significant alien weed species present in the forest include banana poka, tibouehina, ginger,
Philippine fig,trumpet tree and silk oak. The site has been degraded by the widespread invasion of
plant species and by disturbance of feral pigs. Other wildlife known to the area consists mongoose,
turkey, and other common introduced birds. Common native Hawaiian birds inhabiting the
property include the `amakihi, `apapane and`elepaio. The site is not known to be a habitat for any
rare or endangered animal life. Given its elevation, however, it would be possible to find the
Hawaiian Hawk (I`o), Hawaiian Owl(Pueo) and the Hawaiian Hoary Bat(`ope`ape`a).
The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of Hualalai,
above the 3,000-foot elevation, as "essential habitat" for the endangered `akepa and Hawaiian
creeper. These bird species feed from `ohi`a lchua and koa. The proposed development has the
potential to alter the mixture of plant life,however,the low density of the proposed development
and conditions of approval consistent with Resolution No. 58-97 will assure the continuation of
habitat for existing wildlife.
The Kona Community Development Plan(CDP)includes similar goals as the General Plan
regarding preservation of natural resources and native species, as well as watershed protection.
With implementation of these conditions,the request will conform to the goals and policies of the
General Plan and Kona CDP.
All utilities and services are available to the site.The proposed access to the property is
from Kaloko Drive which is a County owned and maintained roadway with a 22-foot wide
pavement with grass shoulders within an 80-foot right-of-way. According to the Department of
Public Works, access to Kaloko Drive should be limited to one combined approach and a "no
vehicular access planting screen"easement should be included along the Kaloko Drive roadway
frontage. This recommendation will include a condition requiring only one combined access to
Kaloko Drive for the four (4) proposed lots as well as a requirement for a"no vehicular access
planting screen" easement to restrict additional access points.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 4
Since the mid 1990's, funds have been set aside in a fair share account for the County
and/or State to improve the Kaloko Drive-M5malahoa Highway intersection, which is a "T"
configuration intersection located about three miles below the subject property. The current fund
balance for this intersection is $647,880.45.
The Department of Transportation (DOT) has previously shown concern about the
numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes
on the intersection of Nl5malahoa Highway and Kaloko Drive. The DOT has previously
recommended the following improvements at the intersection due to the additional traffic and
activity on the roads from the cumulative effect of the land use change:
• Illuminate the intersection at night
• Channelize turning movements at the intersection
• Other safety improvements
The DOT has further stated that the intersection improvements should be made at no cost to
the State and requests that plans for improvements within the State highway right-of-way be
submitted to the Highways Division for review and approval. The Department of Transportation,
Department of Public Works,and the applicant have all acknowledged the need for improvements
to the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are essential
since similar change of zones may occur throughout the Kaloko Mauka Subdivision and the
creation of additional home sites would place an increased burden on traffic at the intersection.
Previous rezones in the subdivision have included a condition of approval requiring that the fair
share fee paid for regional impacts to transportation,park,police,fire and solid waste facilities be
allocated for the County and/or State to improve the Kaloko Drive- M5malahoa Highway
intersection. A condition of approval will be included to continue to require fair share fees be
contributed for the improvement of this intersection.
According to the Department of Water Supply,three additional water units can be made
available from an existing four (4)-inch waterline within Kaloko Drive. One unit of water is
currently assigned to the subject parcel.Wastewater generated by the proposed development will be
disposed of by individual wastewater disposal systems for each lot,meeting the requirements of the
Department of Health. Solid waste will be taken by the individual lot owners or a private hauling
service to a designated transfer station or the West Hawaii Sanitary Landfill. The Federal
Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as
Zone"Y',an area determined to be outside of the 500-year flood plain.All other essential utilities
and services are or will be made available to the site.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 5
The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to
Coastal Zone Management. The property is not located in the Special Management Area. The
site is located over five (5) miles mauka of the shoreline and therefore will not be impacted by
coastal hazard and beach erosion. There are no identified recreational resources, public access to
the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine
resources on the subject property. The property does contain significant natural resources in that it
is heavily forested with native species that provide a food source to several native and endangered
bird species.
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 KaAina
decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed in
terms of the cultural,historical,and natural resources and the associated traditional and customary
practices of the site:
Investigation of valued resources: The property is located within the boundaries of a pre-
contact age upland agricultural system known as the Kona Field System,which is listed in the State
Inventory of Historic Places. The area was the subject of a reconnaissance survey and test
excavations in 1970 and 1971 by Hu'ehu'e Ranch, the developers of the Kaloko Mauka
Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An
Ahupua'a Study: The 1971 Archaeological Work at Kaloko Ahupua'a,North Kona." This study
also identified remains of an agricultural field system up to the 3,500-foot elevation at certain
locations. At the request of the Leeward Planning Commission, the applicant commissioned an
Archeological Reconnaissance Survey (ARS) of the subject Parcel. The ARS was conducted by
Glenn Escott, et. al. of Scientific Consultant Services, Inc. and submitted to the Planning
Department on February 7,2020.According to the ARS,there were no archaeological sites and no
historic properties identified on the subject property. A copy of the application was sent to the
State Historic Preservation Division with a request for comments, but no comments have been
received as of the date of this writing. The Planning Department has no record of any cultural or
historic resources on the property.The U.S. Fish and Wildlife Service has conducted studies of the
general area over the years and have identified numerous endangered and native bird species in the
native forest in the subdivision.
The valued cultural, historical, and natural resources found in the rezoning area: Per the
previously mentioned ARS,there were no archaeological sites and no historic properties identified
on the subject property. Furthermore, according to the applicant, there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the property.The property is
covered in native forest.
Possible adverse effect or impairment of valued resources:Native plants may be destroyed
by construction or ground alteration. There is no evidence that the flora in the area are particularly
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 6
desired or used for cultural practices. A condition of the rezone will require that construction
ceases until SHPD provides approval to continue work, if any historic or cultural resources are
inadvertently discovered during ground alteration and construction.
Feasible actions to protect native Hawaiian ri)zhts:As stated by the applicant,no traditional
and customary Native Hawaiian are currently taking place on the site. Furthermore,according to
the ARS conducted by Scientific Consultant Services,there were no archaeological sites and no
historic properties identified on the subject property in need of protection.
This favorable recommendation is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in connection with
uses permitted within the Agricultural zoning district,prior to its commencement or establishment
upon the subject property. Additional governmental requirements may include the issuance of
building permits, the installation of approved wastewater disposal systems, compliance with the
Fire Code, installation of improvements required by the American with Disabilities Act(ADA),
among many others. Compliance with all applicable governmental requirements is a condition of
this favorable recommendation; failure to comply with such requirements will be considered a
violation that may result in enforcement action by the Planning Department and/or the affected
agencies.
Based on the above findings,approval of the Change of Zone request from Agricultural
(A-20a)to the Agricultural(A-5a)zoned district would result in an appropriate land use pattern
that will further the public necessity and convenience and the general welfare.
The accompanying draft bill to amend Section 25-8-2(North and South Kona District Zone Map)is
provided for your favorable consideration. Please note the proposed conditions of approval attached to the
draft bill.
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 to be provided under separate cover.
Sincerely,
Digitally signed by Nancy
Nancy Carr Carr Smith
Smith Date:2020*03.09
07:34:29-10'00'
Nancy Carr Smith, Chair
Leeward Planning Commission
LCampbellClappREZ I 9-23961pc2
Enclosures
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 7
cc: Mr. Zendo Kern, Planning Consultant
Jean K. Campbell Trust&Jeffrey S. Clapp Trust
Department of Public Works
Department of Water Supply
Ronald Kim, Esq., Corporation Counsel
BCampbell-ClappREZ19-236.jwd 12-30-19
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
F
JEAN K. CAMPBELL TRUST & JEFFREY S. CLAPP TRUST
CHANGE OF ZONE APPLICATION (REZ 19-000236)
JEAN K. CAMPBELL TRUST & JEFFREY S. CLAPP TRUST have submitted an
application for a Change of Zone from an Agricultural-20 acre (A-20a) to Agricultural-5 acre
(A-5a) zoning district for 21.296 acres of land. The subject property is located at 73-1915
Kaloko Drive, about 700 feet north of the most mauka intersection of Hao Street and Kaloko
Drive, Kaloko Mauka Subdivision,North Kona, Hawaii, TMK: (3) 7-3-025:002.
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PROPOSED ACTION
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1. Applicant's Request: The applicants are requesting a Change of Zone from Agricultural
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20-acre(A-20a) to Agricultural-5 acre (A-5a) to subdivide the 21.296-acre property into
four (4) parcels, consisting of a minimum of five (5) acres each, for estate planning
purposes. There are currently no homes on the subject property.
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2. Supportive Information: The applicants have submitted the attached in support of the
request: (Planning Department Exhibit 1 - Change of Zone Application)
3. Landowners: Jean K. Campbell Trust and Jeffrey S. Clapp Trust.
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BACKGROUND INFORMATION
4. County Council Resolution No. 58 97: On June 2, 1997, the County Council adopted
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Resolution No. 58 97, amending the Council's policy relating to the rezoning of district
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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
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native forest and maintain a low-density pattern. The resolution further recommended
that the Planning Commission consider favorable recommendations for A-l0a zoning
requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-
foot elevation and include the conditions as stated within Resolution No. 58 97, provided
that the request complies with the othergoals, policies, and standards of the General Plan.
As this property is situated below the 3,000-foot elevation(between 2,800 to 2,900-foot
elevation), the change of zone request is not limited to the two dwellings per twenty acres
restriction,but the conditions of forest conservation continue to apply as it has applied to
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a majority of the previous change of zone approvals in the Kaloko Mauka subdivision
area, even below the 3,000-foot elevation area. (Planning Department Exhibit 2—
Resolution 58 97)
STATE AND COUNTY PLANS
5. State Land Use Designation: Agricultural.
6. General Plan Designation: Important Agricultural Land.
7. County Zoning: Agricultural 20-acre(A-20a).
S. Kona Community Development Plan (KCDP): The subject property is situated
outside the Kona Urban Area.
9. 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 and is over five (5)miles from the nearest
coastline.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
10. Subject Property: The property is 21.296 acres in size and sits between the 2,500 and
2,900-foot elevation. The property is heavily forested with slopes between six (6) and
twenty(20)% and is vacant of structures and improvements.
11. Surrounding Zoning/Land Uses: Surrounding lands are zoned A-20a, A-10a and A-5a
and are in low-density residential-agricultural uses surrounded by natural forest. There
are some small pasture and nursery areas within the subdivision. The forest lands of
Maka`ula-`O`oma abut the subdivision to the north from the 2,100 to 3,500-foot
elevation. Bishop Estate lands of Ka`upidehu surround the subdivision to the north at the
3,500 to 5,400-foot elevation. These lands are used by I4ualalai Ranch. The Ka`upulehu
Forest Reserve is located rriauka (east) of the subdivision. There have been a number of
change of zone approvals in the Kaloko Mauka Subdivision, which have included
conditions applying forest conservation measures for long term preservation for the area.
12. U.S.D.A Soil Type: Soils within the property are identified as Kiloa Extremely Stony
Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over
fragmental A`a lava and used primarily for woodland and pasture.
13. Agricultural Lands of Importance to the State of Hawaii (ALISH): Other Important
Agricultural Land.
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14. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor".
15. Flood Zone: Zone "X", an area determined to be outside the 500-year flood plain.
16. Flora/Fauna Resources: The application did not include a professional flora/fauna
survey. The property is heavily forested with a relatively closed canopy of`6hi`a and a
dense understory of hapu`u ferns and other native and non-native trees and shrubs.
According to the applicants, significant alien weed species present in the forest include
banana poka, tibouchina, ginger, Philippine fig, trumpet tree and silk oak. The site has
been degraded by the widespread invasion of plant species and by disturbance of feral
pigs. Other wildlife known to the area consists mongoose, turkey, and other common
introduced birds. Common native Hawaiian birds inhabiting the property include the
`amakihi, `apapane and `elepaio. The site is not known to be a habitat for any rare or
endangered animal life. Given its elevation, however, it would be possible to find the
Hawaiian Hawk(I`o), Hawaiian Owl (Pueo) and the Hawaiian Hoary Bat (`ope`ape`a).
17. Archaeological/Historical Resources: No archaeological survey of the site was
conducted as part of the application. The property is located within the boundaries of a
pre-contact age upland agricultural system known as the Kona Field System, which is
listed in the State Inventory of Historic Places. The area was the subject of a
reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the
developers of the Kaloko Mauka Subdivision. In addition, the National Park Service
published a report in 1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work
at Kaloko Ahupua`a, North Kona." This study also identified remains of an agricultural
field system up to the 3,500-foot elevation at certain locations. A copy of the application
was sent to the State Historic Preservation Division with a request for comments,but no
comments have been received as of the date of this writing.
18. Cultural Resources: According to the applicants, it is not known whether the subject
property was used in the past for the gathering of plants by Native Hawaiians. The
property does not contain any features of cultural importance and there is not history of
traditional gathering associated with the property. The proposed rezone and subsequent
subdivision would not affect the exercise of traditional or customary Native Hawaiian
rights in the area.
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19. Public Access: There is no record of a designated public access that traverses the
property.
PUBLIC UTILITIES AND SERVICES
20. Access: Access to the subject property is from Kaloko Drive, which is a County owned
and maintained roadway with a 22-foot wide pavement with grass shoulders within an
80-foot right-of-way. According to the Department of Public Works, access to Kaloko
Drive should be limited to one (1) combined approach and a no vehicular access, planting
screen easement should be included along the Kaloko Drive roadway frontage. Kaloko
Drive intersects with the Mamalahoa Highway, which is a State highway, as a T-
intersection approximately three (3)miles below the property. Since the mid 1990's,
funds have been set aside in the fair share account for the County and/or State to improve
this intersection. The current fund balance for this intersection is $647,880.45.
21. Water: According to the Department of Water Supply, three (3) additional water units
can be made available from an existing four (4)-inch waterline within Kaloko Drive. One
(1) unit of water is currently assigned to the subject parcel.
22. Wastewater: The applicant proposes to use individual wastewater systems meeting the
requirements of the State Department of Health for the proposed lots.
23. Solid Waste:Solid waste will be taken by the individual lot owners or a private hauling
service to a designated transfer station or the West Hawaii Sanitary Landfill.
24. Essential Utilities and Services: The area is served by police and fire stations in Kailua
and Kealakehe, approximately five (5) miles southwest of the property. The new
Makalei fire station was built in the Kalaoa area off Mamalahoa Highway, about 3.5
miles from the property. Kealakehe Elementary, Interinediate and High Schools are
located approximately four (4) miles south of the property. All other essential utilities are
available to the property.
AGENCIES' COMMENTS
25. Department of Public Works- Engineering Division: Planning Department Exhibit 3
—September 12, 2019 memo.
26. Department of Water Supply: Planning Department Exhibit 4—September 18, 2019
memo.
27. Police Department: Planning Department Exhibit 5—September 17, 2019 memo.
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28. Fire Department: Planning Department Exhibit 6—September 23, 2019 memo.
29. Department of Environmental Management: Planning Department Exhibit 7—
October 8, 2019 memo.
30. Department of Land and Natural Resources (DLNR)- Land Division: Planning
Department Exhibit 8—September 25, 2019 letter.
31. Department of Health: Planning Department Exhibit 9 —September 19, 2019
memo.
AGENCIES -NO RESPONSE
32. Department of Transportation, DLNR- State Historic Preservation Division, State
Department of Agriculture, and U.S. Fish and Wildlife Service.
PUBLIC COMMENTS
33. The Department has not received any comments or objections from the general public or
adjacent landowners on the subject application.
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ZENDO KERN PLANNING CONSULTANT LLC
194 Wiwoole St. Hilo, HI 96720 k LE
Phone: 808-333-3393 >
Email: info@zendokern.com
June 28, 2019
Mr. Michael Yee. Director
Planning Department � �„.�-,
f-r!
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee: ...
Subject® Change of Zone Application
Applicants: 731915 Kaloko LLC
Kaloko Mauka,North Kona,Hawaii,TMK° (3) 7-3-025: 002
Transmitted herewith for your review and processing is an application requesting the
rezoning of a 21.296-acre parcel of land from Agriculture (A-20a)to Agriculture (A-5a).
The property is located at 73-1915 Kaloko Drive, approximately 3.2 miles east of its
intersection with the Mamalahoa Hwy.
If approved,the applicant intends to subdivide the 21.296-acre parcel into four(4) lots,
consisting of a minimum of five 5-acres each. The applicant is requesting the change of
zone for estate planning purposes.
The transmittal includes a)the original and twenty (20) sets of the application form,
departmental questionnaire, and enviromnental report, which includes the location and
proposed site plan; b)processing fee of$575; c)a list of surrounding property owners within
one thousand(1,000) feet; d) a real property tax clearance form; e) a proposed site plan to
scale., and f) the metes and bounds description; g) a letter of authorization from applicant
allowing Zendo Kern to process the application.
We trust that everything is in order for your acceptance and processing of this application. If
not or if there are questions relating to this matter,please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN
Planning Consultant
pl Dept.
Enclosures anning
Copy—731915 Kaloko LLC
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ANNE OF ZONE APPL,ICATI®N
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information'
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APPLICANT: 731915 Kaloko LLC
APPLICANT'S SIGNATURE t ! DATE:a I 4
ADDRESS: 1329 Kuuna St., Kailua, Hawaii, 96734 3
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LIST APPLICANT'S INTEREST IF NOT OWNER:
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LIST PRINCIPAL(S)INCLUDING NAMES OF NLAIN OFFICERS: IJC.yt t< C-nth, tl , AL-66tt�il i
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PHONE.-(Bus,) (Res.) (Fax)
LANDOWNER(S): 731915 KalokQ LLC
LANDOWNER SIGNATURES . d" DATE: 21Ij
(Mav � be by letter)
LANDOWNER(S) ADDRESS: 1329 Kuuna St. Kailua Hawaii, 96734
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REQUEST: A-20a TO A-5a
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TAX MAP KEY:
(Existing zonin (3}7-3-025:002 g) (Proposed Zouing) j
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STREET ADDRESS OF PROPERTY: 73-1915 Kaloko Dr., Kailua Kona, Hawaii 96740
SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 21.296 acres
AGENT: Zendo Kern Planning Consultant LLC
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ADDRESS: 194 Wiwoole St., Hilo, HI 96720 �
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TELEPHONE:(Bus.) 808-333-3393 (Res.) (Fax)
Please indicate to whorl original correspondence and copies should be sent.
Agent ORIGINAL: A 9 COPIES: Applicant
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126289
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TO WHOM IT MAY CONCERN:
As landowner of parcel identified by TMK: (3) 7-3-025:002, 1 hereby consent and authorize I
Zendo Kenn of Zendo Kern Planning Consultant to file and process a Change of Zone
Application on my behalf.
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731915 Kaloko LLC, a Hawaii limited
liability company
Y
Jean K. Campbell
Member
April 29, 2019
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ATTACHM ENT
Agrl.ahral Hezons g
PLLAt NItTG DEPARTMENT
CO?TNTY OF HAW AZ
APPLEATIDN FOR CHANGE OF ZONE
Ifyourrquest-b approved,do_ou sitend b subdiv%te the subj�ct
land Ja acco�tance with the approved change of zone? Yes
Ifyes,p-base answ ert tie restofquest bn 1 and then b questbn 3,
H ow m any acres aftne requested area do you Mend to subdtiie? 21.296 ac
b. Inb whatbts�es? 5 + ac.
Ifyourrequestis approved,appy ately how bng afferthe
date ofappmvaldo you ervecttD subm it yoursubdir�sbn plans
is the Planning D epartm entf)rprelrn iiar_y approval? 3 months
_i, Do you.Mynd b buiLl houses on the newly created bts? not Immediately
Lyes,please answerthe fDlowilg questbns:
O n how m any ofthose bts? N/A
Atw hatappro vin at pr:;e range? H Ouse N/A
Lot N/A
Total NIA
Appm_�n ateli how long,afferappnvaloft ie subdiTis-bn,
wou-b the f-mthouse.be ava>lab-b foroccupancy? N/A
Ifyou intend b subdivide,pl ase subm ita prelin nary schem atm
subdiv bn plan bgetherwin yourchange of zone appkathn
form . �f
ifyouu have no fim plans ofsubdkiiirg the sub-�ctarea, do _you
iitnd b:
Sellorlease the hnd b som eone who has ftn plans? N/A
Sellorbase the land b som eone who has tentative plans? N/A
Sellor-base the land b som eone who has no plans? N/A
a. Keep i12 N/A
e. Other phase state?
Ifyou ?mend to do eithera, b,c,phase e? bonne on the khd
ofp-bns -1he otherpartr has.=tease, ado ,ncbde :h your
answerappm:.sn ately how soon aferappmva1c)fyourrezonng do
you e_�pect:b iansferthe sub_'pctland to anotherpa±
Do you thhk thatyourrecluestand your furtherphns brthe Sind
w illal�,viate the bcalhousng sihratbn? Yes
How?
The potential will exist to build 4 single family homes.
Are there anybuid-hgs on the subji�ctama? No
ifso, whatkhd?
W hatdo you Mend to do with those buf ngs if you rmquestis
approved?
Is the s ib�.cthnd cunPnttyybeng used f-ranya jrLultumlactkrity? No
Ifso,p-base it the kinds ofpmducts gmwn and on how many
scfaam fietoracros of-bnd perpmd_ict
W as yourmquestto albw brthe cmatun ofsm aibracfr:ultural
bts? Yes
Lf so, dial yourplan ncbde the folbw ing con ssleratbns?
1. C om m odily to be produced? y
W hat khds ofcom m odity?
S uitabilty of the proposed bt-stere ftirthatcom m oditr?
Suff-J ntzan ste to albw reasonably chance of success-
com m e mia la grcu ltu m?
-2-
i
agrinilural-bases orotnerforr sofassurance thatpo endal
buyem orhases�woult putthe subtctama iutc som e fora of
agrtuhraluse? No
Pbase stat the pr;posed type ofarrangem ent~
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Phase subm ityouraquuialphns forthe subctai2a and
pmsentevhence ofconsheiatisn of the above mquiYeraentB together 3
Nrith yourmquestfcra change of zone, N/A
I
Ifyou do nothtend ti) subdivie the subj�cthnd forso-ne so±of
ag zuhlalpu,mose,phase state yourother masons. NIA I
t
To youurk_now-bdge,has them been any tboding and/ordraiiage pmb-bm
on the subj�ctama? No
If so,phase descrbe the pmbbm .
Do you think thattie mads hadhg to the sub�ctarra needs
it prwem ents? No �
Ifso, whatkiid?
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Ls the road adequate fortt'e pzoposed b2a-vohm e orbad? No
N' hatsot-ofgoverrm-nentalassttance and/orinpzovementsdo you e1wa
be needed: the subj�ctama when developed?
Yes No
S chop s
b, Roadsy
c . Sewer
u, D image
J-
Yes No
Pope P mtecbmy
F P i F ct:bn `/
Recseat-bnalFac2tes
P ubk-U tires
n they-
Forthose checked 'kyes"',phase ehborat�wha'Ltype ork
i
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COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-20a to A-5a)
Jean Campbell
KALOKO MAUKA, NORTH KONA, HI 96740
TMK: (3) 7-3-025:002
1. INTRODUCTION
Jean Campbell ("applicant") is requesting the rezoning of a 21.296-acre
parcel of land in Kailua-Kana, Hawaii from Agriculture (A-20a) to Agriculture
(A-5a). The property is located at 73-1915 Kaloko Drive, approximately 3.2
miles east of its intersection with the Mamalahoa Hwy. (Figure 1).
If approved, the applicant intends to subdivide the 21.296-acre parcel into
four (4) lots, consisting of a minimum of 5-acres each. The applicant wishes
to create the four-lot subdivision for estate planning purposes.
II. PROJECT LOCATION
As noted earlier, the subject property is located off Kaloko Drive
approximately 3.2 miles east of its intersection with the Mamalahoa Hwy.
Ill. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 21.296-acres and is currently vacant of
any structures. The applicant wishes to subdivide the subject property
into four (4) lots for estate planning purposes, If approved, the
proposed lots would consist of a minimum of 5-acres in size. As
proposed, each lot would have access to Kaloko Drive. The two rear
lots would be flag lots. The perimeter of each lot would have a 30-foot
forest reserve easement. Also, a 100-foot structure setback would
apply to the lots' frontage along Kaloko Drive (Figure 2).
It is understood that the subdivision plan submitted herein may have
to be adjusted prior to receipt of final subdivision approval to
accommodate County subdivision requirements and appropriate
conditions of approval.
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n'AGGKC NAUK,1 SURA,/NLRfMFNY y F A594,K4LD,f'p,A'p�'YH FON.+,Ngwq 11 lF..vmerfj Aa!'3-D/l �5.:; �Da a xvos[i GJ
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` V1ClN7TY MAP
REZONING EXHIBIT
MAP SHOWING
LOT 6 OF BLOCK 5 OF KALOKO MAUKA SUBDIVISION
INCREMENT 1
(FILE PLAN .994) .)ai qtr''•" -.. -+, `-
Being a Portio,. of R.P, 8214, L.C. Aw. 7715, Ap. 1I to Loto Kamehomeha
...-,° _•. At Koloko, North Kona
Island and County of Hawaii, Stote of Howaii
B. Project Timetable and Cost
The applicant hopes to secure County rezoning approval as soon as
possible and begin the subdivision process immediately thereafter.
Tentatively, plans call for having the land subdivided by the end 2019.
The estimated cost of improvements for this project will be minimal
based on the necessary improvements. No roadway improvements
will be necessary as all four lots will be accessible from County
roadways. Additionally, the subject parcel is served by the Department
of Water Supply with sufficient capacity to serve the intended
subdivision.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated Agriculture. Since the land use will
remain in Agriculture, no State Land Use Commission action is
required. The County of Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map designates the subject site as Important Agricultural
Lands. This designation identifies agricultural lands with better
potential for sustained high agricultural yields because of soil type,
climate, topography or other factors. The proposed agricultural
subdivision resulting in four (4) lots would be consistent with the
Important Agricultural Lands designation and no General Plan
amendment would be required to effectuate this project.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further
define the General Plan and serves as a guide for decision-makers.
The KCDP further designates the subject parcel as part of the Kona
Rural Area. The proposed change of zone request is conducive to the
following goals, objectives and policies outlined in the KCDP:
Policy LU-1.3: Rural Area. The rural area consists of the lands
outside of the Kona Urban Area. Future growth in this area shall be
concentrated within and around the existing LUPAG medium and low-
density areas, which correspond to the existing rural towns.
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Objective LU-3: Rural Area growth Management. To preserve the
rural character of the existing rural towns, the agricultural lifestyle, and
the open landscape.
Objective HSG-: Build More Units. To build more units that offer a
variety of housing types, tenures, and affordability.
Policy LU-3.4: Clustered Rural Subdivision Guidelines. The
Clustered Rural Subdivision Guidelines in Attachment C apply to
proposed subdivisions outside of the Kona Urban Area (UA). The
intent of the guidelines is to minimize grading, preserve the natural
appearance of the land to the maximum extent possible, ensure
agriculture use in the State Land Use Agricultural District, and create a
rural setting for residences. Towards this end, the guidelines
shall, at a minimum, specify:
1. Minimum lot sizes,-
2.
izes;2. Natural and cultural resources meriting protection and associated
buffer areas, as applicable;
3. Minimum standards for roads and wastewater disposal;
4. Legal tools for permanent protection, maintenance of open space,
and/or agricultural lands;
5. Connections to the open spaces of surrounding areas.
Policy LU-3.8: Rezoning Outside of Urban and Rural TODs and
Outside of GP LUPAG Urban Area. Rezoning of areas currently
zoned agricultural, outside of the Urban and Rural TOD areas shown
on Figure 44-7 Official Kona Land Use Map, and outside of urban
designations on the General Plan LUPAG, shall not be allowed,
except in the following limited circumstances: (1) the rezoning allows
only a small number of additional lots, consistent in scale with
the transfer of lots to family members, (2) the rezoning does not
create a net increase in the potential number of agricultural lots (such
as a rezoning that increases potential density in one area but also
reduces density in another), or (3) the rezoning is to permit a
subdivision consistent with the Clustered Rural Subdivision
Guidelines, while preserving the majority of the properly in non-
residential use dedicated to agriculture, open space, or other
conservation purposes, and does not have the primary effect of
allowing subdivision into lots smaller than allowed by existing zoning.
This policy is intended to prevent the rezoning of agricultural property
to allow agricultural subdivisions where the primary objective of the lot
owner will be to have a residential estate.
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D. County Zoning
The County zoning of the subject property is Agriculture (A-20a). The
majority of the surrounding properties are zoned A-5a, A-10a and A-
20a. Also, there are several A-5a parcels approximately 1,000 feet to
the south east of the subject parcel that were previously rezoned from
A-20a to A-5a in accordance with Ordinance No. 06-59 on May 12,
2006, Ordinance No. 96-25 on March 18, 1996 and Ordinance No. 95-
46 on March 21, 1995.
If approved, the site would be subdivided in a manner generally
meeting with both the Zoning and Subdivision Codes.
Notwithstanding the subdivision requirements, all uses and standards
consistent with the requested (A-5a) zone would be adhered to.
E. Relationship to SMA Objectives and Policies
The site is located approximately 6 miles from the coastlines and
outside the County Special Management Area (SMA).
The entire island falls within the Coastal Zone Management (CZM)
Area. Thus, a discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It sits approximately 6 miles from
the shoreline at an elevation of approximately 2,800 — 2,900 feet. As
such, the proposed action should not have any adverse impacts on
the area's coastal recreational and marine resources nor have any
impacts on beach protection.
The likelihood of this improvement having any impacts on the area's
historic resources is not high. However, in the event any
archaeological features are found during any earth disturbance
activity, work will stop within the affected area and appropriate
clearances from the State DLNR-HPD and County Planning
Department will be secured before work resumes. If needed, an
archaeological monitoring program can be instituted during any land
clearing activity.
The proposed action may eventually involve the construction of
improvements (particularly dwelling units) in an agriculture setting.
Accordingly, there is a potential visual impact to the area's scenic and
open space resources. However, the project would involve the
construction of, at most, a single-family dwelling on each of the
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proposed lots. Further, as the area of the site is largely forested and
has a natural topography declining from mauka to makai, any
structures on the site should not visually affect any scenic views of the
adjacent properties or Kaloko Drive.
Relative to the Coastal Ecosystems, impacts should be negligible, if
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at all, as the site is located approximately 6 miles from the ocean at
2,800 to 2,900-foot elevation. Notwithstanding the distance, the nature
of the project—family agricultural — and the potential construction of 1
only four (4) private wastewater systems are such that any potential
coastal ecosystem impacts should be negligible.
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The proposed action will result in creating the potential for smaller-
scale agricultural lots in this area. This should thus provide additional
opportunities for more intensive farming. In so doing, the project could
aid the agricultural economy and the overall economic use of this site
and the area in general
Because of its distance from the shoreline, the site should not be
subject to coastal hazards. Relative to the managing development
objective, this function is more applicable to the "authority" or
approving agencies. However, it is noted that the request would
operate and be constructed within the scope of the Zoning Code. The
subject site would be zoned A-5a, and the requested use and
design/parameters (parking, height, setback, etc.) would be consistent
with said zoning. In that regard, the project would be consistent with
this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and 1
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through
the posting of a sign on the property, as well as sending two (2)
notices to surrounding property owners, one at the time the application
is filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
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F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would be
of the "ministerial" variety, such as Subdivision Approval, Building
Permits, etc.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is trapezoidal in shape and is accessed via Kaloko Drive,
which is a County owned and maintained paved access road. There
are currently no structures on the subject parcel.
The site is situated at the 2,800 to 2,900-foot elevation level. The
property slopes roughly from east to west, with a gradual decline from
the south to the north, with the highest point being at the southern end
of the property. In spite of the gradual rise, there does not appear to
be any topographic constraint in developing and utilizing the site for
four (4) 5-acre + sized lots.
There are homes on land ranging from 2 acres to 10+ acres proximate
to and within the subdivision leading to the subject site. The general
area looks to be primarily rural residential.
The annual median rainfall for this area is approximately 47-inches.
The average daily temperature ranges from a minimum of 60 degrees
to 69 degrees Fahrenheit. Wind patterns are generally westerly during
the day and easterly during the evenings.
E. Soils and Topography
According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the site appears to have a
designation of"E" or "very poor."
The soil for the subject site is of the Puna and Haplic Udarents soils
with 10 to 20 percent slopes. It is well drained with a runoff class of
very low and the erosion hazard is moderate.
According to the Agricultural Lands of Importance to the State of
Hawaii (ALISH) classification system, the site is classified as "Y
(Other).
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As noted earlier, the topography of the site slopes in a south to north
direction, with the lower portion being at the south end. The slope
appears to be between 10 to 15 percent.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA) Flood
Insurance Rate map (FIRM) identifies the property as Zone "X"
(areas outside of the 500-year flood). There are no identified
existing drainage ways on the site.
The applicant has not observed any significant runoff or erosion
in the recent past on the subject site. Pursuant to County
drainage requirements, appropriate drywell and/or similar
means to capture runoff from any improvements will be built, if
necessary, in conjunction with the appropriate permitting
process.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the
project site is located within Lava Flow Hazard Zone 4, on a
scale of ascending risks 9 to 1. All of Hualalai and the majority
of the North Kona area falls in the Zone 4 category. The
Building Code designates the entire island of Hawai'i
Earthquake Zone "D" and contains certain structural
requirements to address the relative seismic hazard. All
structures would have to comply with this standard.
3. Tsunami Hazard
As the site is located 6 miles from the ocean and sits at the
2,800 to 2,900-foot elevation, it is located outside of the Civil
Defense's Tsunami Evacuation Zone.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or
faunal resources of the site, the applicant does not believe that rare or
endangered floral or fauna resources are likely to be found within the
subject site.
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The area is generally forested with ohi'a lehua trees and hapu'u ferns
with an understory of ie'ie, a'ali'i, kopiko, kupukupu fern. Significant
alien weed species present in the forest include: banana poka,
tibouchina, ginger, Philippine fig, trumpet tree and silk oak. The site
has been degraded by the widespread invasion of introduced plant
species and by understory disturbance by feral pigs. Though the site
is a habitat for several native plants, birds and invertebrates, the
project site is not an intact native ecosystem.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk (/'o), Hawaiian Owl (Pueo) and the Hawaiian
Hoary Bat ('ope'ape'a) That being said, the rural nature of the
surrounding areas would make it less likely to find other protected or
endangered animal life in this area.
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E. Historic/Cultural/Archaeological Resources
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No commissioned archaeological survey of the site was made.
However, if needed, an archaeological monitoring plan can be
prepared and implemented in conjunction with further land clearing
activity.
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Furthermore, in the event any inadvertent discoveries are made during I
any land disturbance activity relating to this project, work will cease
and the applicants will immediately notify the Planning Department
and the State DNR and secure their clearances before proceeding
further.
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G. Valued Cultural Resources
in view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion on the cultural, historical and natural resources,
as well as the associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by Native
Hawaiians. The applicants have not observed any Native Hawaiians
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gathering plants on the site or the adjoining properties. Thus, it would
appear unlikely that the site would serve such purpose today.
In the event that legitimate gathering claims are made by Native
Hawaiians, the applicants intend to respect and honor such claims
and provide the legal and needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
H. Water and Coastal Resources
The subject site is located approximately 6 miles from the coastline
and sits at approximately 2,800-foot to 2,900-foot elevation. As such,
coastal impacts resulting from discharge of wastewater systems from
the site should not be significant. Further, being a non-coastal
property, no coastal access will be affected.
Any new construction will be served by a wastewater system meeting
with the approval of the State Department of Health.
I. Noise, Air Quality, and Dust
Kaloko Drive will serve as the main access to all of the proposed lots.
The existing ambient traffic level in this area should not be significantly
impacted with the addition of three more lots. As such, the
corresponding noise level should remain the same.
There may, however, be short-term noise impacts associated with the
construction of the limited subdivision infrastructure. In that event,
contractors will be required to comply with appropriate noise and
related mitigation measures of the State Department of Health.
Further, since no construction projects are immediately planned, the
proposed development should not generate any direct air quality
impacts as vehicular traffic to and from the site will remain the same.
J. Scenic and Visual Considerations
in the Natural Beauty element of the General Plan, there are sites or
areas listed as being a scenic resource. The subject site is not listed
as a scenic site, nor will the proposed rezoning and subdivision action
affect any of the scenic resources outlined in the General Plan.
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V1. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rural in nature with single-family
dwellings and small-scale farms. There are parcels ranging in size
from 3-acres to 20+-acres along Kaloko Drive. Traveling on Kaloko
Drive from Hawaii Belt Road in a mauka direction towards the subject
site, you can see many of the lots are approximately 3 acres in size.
There are several 5-acre +/- parcels directly to the north of the subject
site. Also, there are several parcels nearby to the west of the subject
site ranging in size from roughly 5 acres to roughly 6 acres.
Neighboring parcels directly to the east and west are roughly 20
acres.
Given the existing and zoned conditions, the proposed rezoning and
the four (4) 5-acre + lot subdivision would not be incongruous with the
existing rural nature of this area.
Further, there are several A-5a parcels approximately 1,000 feet to the
south east of the subject parcel that were previously rezoned from A-
20a to A-5a in accordance with Ordinance No. 06-59 on May 12,
2006, Ordinance No. 96-25 on March 18, 1996 and Ordinance No. 95-
46 on March 21, 1995.
B. Economic Impacts
The requested zoning would have some measure of limited economic
impact, as it would make three (3) additional fee simple lots with some
measure of agricultural potential more readily available. Although the
request is for estate planning purposes, it would still enable the
ultimate user the opportunity to engage in some sort of agricultural
activity.
C. Agricultural Impacts
With the continued trend of small-scale farming and less large-scale
agriculture production, the proposed request does not have a
significant negative impact to the agriculture element of the property,
due to the lot sizes being a minimum of five (5) acres in size.
There are many crops that can be commercially viable on lots of 5
acres or less, especially when a value-added strategy is employed.
Coffee, tea, citrus, and avocadoes are just a few of the crops that
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could be commercially viable on the resulting four lots. Thus, the
creation of three (3) additional lots should not diminish the site's
agricultural potential nor have an impact on any active farms in the
general area.
VIII. INFRASTRUCTURAL_ CONSIDERATIONS
A. Road
Access to the project would be from Kaloko Drive, which is
approximately 3.2-miles from its intersection with Mamalahoa
Highway. Kaloko Drive is a County owned and maintained roadway
with a right-of-way of 86-feet. The pavement width varies from 16-feet
to 22-feet. The four proposed lots would each have access to Kaloko,
Drive.
D. Water
Consultation with The Department of Water Supply has confirmed the
availability of water for the proposed rezoning and subdivision into four
lots.
C. Wastewater
There is no County wastewater system in this area. As noted earlier,
any new construction will be served by wastewater systems meeting
the approval of the Department of Health.
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D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested A-5a zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. Further,
most if not all, agricultural waste will be retained and utilized on the
property.
E. Other Government Services
As this property is a part of the rural area just outside of the Kailua-
Kona urban area, no extension of government services would be
required. There is a Fire Station, Police Station, Public School, Library
and a gas station all located within 3 to 5 miles of the subject site. In
addition, there are recreation facilities in the general area as well.
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As such, the project should not result in the extension of any
government services. Further, the required public facilities are located
reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS }
A. Relationship Between Local Short-Term Uses of Environment �
and Maintenance and Enhancement of Lona-'Germ Productivity �
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If the request were denied, the short-term use of the area of the
proposed rezoning would probably continue in its unused condition.
The applicants would not have an opportunity to create additional
agriculture sized lots with a good measure of agricultural potential for
their family.
From a long-term productivity standpoint, the proposed additional
three (3) lots could provide a heightened level of possibility in having
the land used for more intensive, although smaller scale, agricultural
activity while providing residential opportunity for family members.
B. Irreversible and Irretrievable Commitment of Resources {
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources. i
The soil on the parcel has a classification of"E" or very poor by the
Land Study Bureau. Yet, there is always a potential for possible
agricultural activity on the site. It is reasoned that the creation of the 4-
lot subdivision should help foster and not remove this land from its
agricultural potential.
Although no commissioned archaeological survey of the site was
made, an archaeological monitoring plan can be prepared and
implemented in conjunction with further land clearing activity if
needed.
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C. Mitigative Measures
The applicant intends to make improvements, if required, generally
consistent with the subdivision process. Also, if there is any
construction activity, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County) and clearance will be secured
before work is resumed.
There is no existing drainage way on the property. Any and all
required grading or grubbing work would be done in conjunction with
the required permits and/or an SCS Agricultural Plan. This is to assure
that the development of this site does not adversely affect the
drainage of surrounding properties.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Proiect
1 No Project
Under the status quo alternative, the site could continue in its
idle state. The applicants would also not be able to reasonably
facilitate their estate planning.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as A-3a or possible FA-3a zoning, given
the LUPAG Important Agriculture Land Use classification of the
site and the proximate 3-acre parcels in this area. These
zoning categories would arguably be consistent with some of
the surrounding zonings.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of agricultural
activities, while being generally compatible with the surrounding
agriculture uses.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project. Further, the
project would be consistent with the land use objectives sought
to be accomplished by the County General Plan LUPAG map.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested A-5a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawai'i. It provides direction for balanced
growth in the County. The LUPAG map designates the site Important
Agriculture Land. This designation allows the requested A-5a zoning
without a General Plan amendment.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of small-scale family-agricultural
farms, in so doing, the resultant project should add revenues to the
County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage
of the sun and wind patterns.
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not violate any of those objectives.
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Aside from the very limited vehicular transmission, air pollution
associated with the project should be negligible. All wastewater
systems would be consistent with the requirements of the State
Department of Health. This should be sufficient to address any
potential groundwater or coastal water impacts.
If required, while not necessary for a project of this nature and size, a
solid waste management plan could be prepared and implemented.
The project will also be minimal in noise, except what may be
associated with the limited farming operations. Any noise-generating
facility, such as air conditioners, would be carefully placed to minimize
their noise impacts to adjoining properties. Further, it is unlikely that
this site would be used as a processing plant, as it would be more
economical to send products elsewhere.
The project area is outside of any flood way. Nonetheless, if required,
a drainage system will be designed and constructed (especially in
conjunction with the subdivision approval process) in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development.
Given the very limited clearing associated with the proposed rezoning
and subdivision possible impacts on historic sites is unlikely.
Nonetheless, work will cease if unanticipated archaeological remains
are discovered during the development of this project. Work will
resume only after proper clearances from the State and/or County
have been received.
While there have been sightings of the Hawaiian Hawk (Po) and the
owl (Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
As the A-5a zoning would allow a dwelling, the project will indirectly
fulfill the objectives of the housing element by creating three (3) more
lots. The Plan also emphasizes that developments be mindful of an
area's natural beauty. In this situation, the project—with the protective
conditions—will be used in a manner where it blends with the existing
terrain.
As the project site is approximately 6 miles from the ocean and has an
elevation of 2,800+/-feet, the usual coastal resources concern is not
pronounced. There will be no interference with shoreline access.
15
Further, through the use of a septic system or other acceptable form
of wastewater system, impacts to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will be private, and the county water line exists to the site.
Vehicular access to the site is already fully improved to County
dedicable standards and the site is accessible by emergency vehicles.
Schools and other public facilities are also located proximate to the
site, most of them being less than 5 miles away.
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
o Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
® Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• Agricultural land shall be used as one form of open space or
green belt
In view of the foregoing goals and policies, it is noted that the
requested zoning would be consistent with the important agriculture
land designation of the LUPAG map. It would also be generally
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compatible with the surrounding area. There are many 3 to 5-acre lots
adjacent to and makai of the subject site.
The soil of the site is classified "F" or very poor by the Land Study
Bureau. As such, while the resources are not high, there still is some
agricultural potential. This request, however, should actually
encourage more intensive agricultural activities on the site.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Kona Community Development Plan
The Kona Community Development Plan (KCDP) attempts to further
define the General Plan and serves as a guide for decision-makers.
The KCDP further designates the subject parcel as part of the Kona
Rural Area. The proposed change of zone request is conducive to the
following goals, objectives and policies outlined in the KCDP:
Policy LU-1.3: Rural Area. The rural area consists of the lands
outside of the Kona Urban Area. Future growth in this area shall be
concentrated within and around the existing LUPAG medium and low-
density areas, which correspond to the existing rural towns.
Objective LU-3: Rural Area Growth Management. To preserve the
rural character of the existing rural towns, the agricultural lifestyle, and
the open landscape.
Objective HSG-: Build More Units. To build more units that offer a
variety of housing types, tenures, and affordability.
D. Zoning and Subdivision
The designated zoning of the site is A-20a. Should the A-5a zoning be
approved, the requirements of the zoning and subdivision codes
would generally be complied with, including use and related
development standards. These include the possible incorporation of
appropriate restrictive covenants relating to density, use, and design
restrictions.
17
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E. Mate Land Use Agricultural Standards
As the requested lots will be more than 5-acres, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All the applicable use guidelines of said law would be
adhered to.
X. Conclusion
Based on the consistency of the proposed change of zone request with the
County's land use policies, approval the said request would be logical and
reasonable.
In addition, the request will help fulfil the need for additional housing options
and help generate additional property tax revenue for the County during a
time of an impending budget crises.
Lastly, the requested density of A-5a is consistent with the surrounding area
and properties. The alternative of leaving the land in the A-20a zoning is a
reasonable option but would preclude the property from being put to its
highest and best use, no other zonings are desirable or reasonable and the
proposed rezoning compliments the existing rural 1 agricultural nature of the
area.
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a
HAWAIICOUNTY OF T HAWAII
RESOLUTION NO. 59 97
RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS
WITHIN THE KALOKO MAUKA SUBDIVISION
WHEREAS,the Council adopted Resolution No. 330-96 which established a policy that
no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot
elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified
to any zone district having a minimum lot size of less than twenty acres; and
WHEREAS, shortly after the adoption of Resolution No. 330-96,the Council approved
two change of zone requests for A-l0a lots above the 3,000-foot elevation with more stringent
requirements to mitigate the concerns established in Resolution No. 330-96; and
WHEREAS, although the Council recognizes that a low density use pattern for the
mauka,watershed lands of the island of Hawaii, in particular the Kona region, should be
protected and maintained for environmental reasons, the County cannot prevent the bulldozing of
agricultural lands and the misuse of the Condominium Property Regime(C.P.R.) law; and
WHEREAS, the Council finds that a ten-acre minimum lot size for lands within the
Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in
addition to the standard conditions of approval for similar zonings in the area, will protect the
watershed and native forest and maintain a low density pattern:
A. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date
of this ordinance. The applicant shall reserve the following easements and
special setbacks in perpetuity for purposes of protecting and maintaining
naturally forested areas and shall delineate such easements and setbacks on plans
submitted for subdivision review:
1. A 100-foot wide "forest reserve easement" along the existing public
street frontage of the subject property, exclusive of access points
permitted by the Department of Public Works;
2. A 30-foot "forest reserve easement" along all lot lines not covered by the
100-foot easement; and
3. A 100-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an
additional buffer.
cit f-)i g Dept.
Exhibit 2.
• + Q 9
B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition—. The restrictive covenant(s) shall also specify that, including the
area comprising the forest reserve easements described in Condition_, no less
than eighty percent (80%) of the entire lot area shall be retained in forest. A
copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the applicant
and the County and recorded with the Bureau of Conveyances prior to the
issuance of Final Subdivision Approval.
C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall
prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
D. A forest management plan for the proposed lots within the subject property shall
be prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources, the State
Department of Health, the State Department of Agriculture and the U.S.
Department of Natural Resources Conservation Service. The forest
management plan shall require the following:
1. Include at minimum, the best forest and reforestation practices, program
for implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(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.
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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.
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4'. This forest management plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may
be considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Planning Commission consider favorable recommendations for A-10a zoning
requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot
elevation and include the aforementioned conditions with such recommendation provided that
the other goals,policies, and standards of the General Plan are met.
BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this
resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and
Virginia Goldstein,Planning Director.
Dated: Hilo, Hawaii, this day of , 1997.
INTRODUCED BY:
UC-UKCI'L MEMBER, COUNTY OF HAWAII
BJLT/CES
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo,Hawaii ARAKAIQ
CHUNG
I hereby certify that the foregoing RESOLUTION was by the LEITHEAD-TODD
vote indicated to the right hereof adopted by the COUNCIL of the RAY
County of Hawaii on REYNOLDS
ATTEST: SANTANGELO
SMITH
TYLER
YAGONG
Reference C,-219-/,PC r
COUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 97
Harry Kim +: s* David Yamamoto,P.E.
Mayor Director
:� e*:roti
�Tt Of N►��
Wil Okabe Allan G.Simeon,P.E.
Managing Director Deputy Director
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
101 Pauahi Street,Suite 7 Hilo,Hawaii 96720-4224 vi
(808)961-8321 Fax(808)961-8630 c 'n
public_works@hawaiicounty.gov C
MEMORANDUM F�
Date: September 12, 2019 r
T -
To: Michael Yee, Planning Director
From: Department of Public Works, Engineering Division z
Subject: Change of Zone Application (REZ 19-000236)
Applicant: 731915 Kaloko, LLC
Request: A-20a to A-5a
Tax Map Key: 7-3-025:002
We have reviewed the subject application and our comments are as follows:
1. All earthwork and grading shall conform to Chapter 10— Erosion and Sedimentation
Control—of the Hawaii County Code.
2. Access to Kaloko Drive—a County owned and maintained roadway—should be limited
to one combined approach. A no vehicular access, planting screen easement should be
included along the Kaloko Drive roadway frontage.
3. Access to a County Street, including the provision of adequate sight distances, shall
comply with Chapter 22—County Streets—of the Hawaii County Code and meet the
approval of the Department of Public Works.
4. All development generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties.
Should there be any questions concerning this matter, please feel free to contact Natalie
Whitworth of our Kona Engineering Division office at 323-4853.
NW
Copy: ENG-HILOJKONA
127808
County of Hawaii is an Equal Opportunity Provider and Employer. Planning pt,
Exhibit
i
,,,AArbp-t�C..
DEPARTMENT OF WATER SUPPLY « COUNTY OF HA AAI
345 KEK'UANA-6 A STREET,SUITE 20 HiLO,HAV+AVI 96720
TELEPHONE(808)961-8050 . FAX(808)961-8657
i
September 18,2019 �
TO Mr Michael Yee,I:awtcr
Planning Department
FROM Keith K Okamoto,Manager--Chief Engineer
SUBJECT Change of Zona Application (REZ 19-ON236)
Applicant-731915 K.aloko,LLC
Tax Maps Key 7.3-025 4I12
We have reviewed the subject application and have the following comments and conditions j
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There is an existing 4-inch waterline within Karen o Drive konttng the subject parcels In accordance with the
Department's existing water availability conditions,the water availability for the proposed lets is subject to change
without notice
Please he informed that one(1)unit of water was paid for and assigned to the subject parcel The installation of
the service laterad assigned to the subject parcel was deferred
Pursuant to Rule 5 of the Department's]butes and regulations,a copy of which is being forwarded to the
applicant,a}nater commitment may be Issued Based on the three(3)additional units requested in the proposed
4-lot development,the required water commitment deposit is 50 00 �
Rcraittarwe by the applicant of the$450 00 is requested as soon as possible so that a water comm inuent may be
formally issued The commitment will. be in writing With specific conditions and effective elates stated Please
keep in mind that this letter shall not b-c construed as a water commitment- In other words,unless a water
commitment is officially effected,water availabdity is siibaect to change without notice,depending on the water
situation
For the applicant's information,final subdivision approval will be subject to compliance with the following
requirements
i
1 Construct necessary water system improvements,whteb shall include;but not be lmiited to I j
a_ service laterals that will accommodate 5f8-inch sized meters to front each lot,and
7
h subject to ether agtri i 'requirements to construct improvements'within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities,should
they k>e necessary
Planning dept. �
Exhibit_
'Water, Ou .%Iost Precious&s&urce K4Wai:,4Xffne ,
The er9parim f*vi+Atai$r supply*an EWM Wf*ia*r 127853
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Mr Michael Yee,Direirtor
Page 2
September 18, 2019
I
Submit constriction plans and design calculations prepared by a professional engineer,regtstered in the i
State of Hawaii, for review and approval
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2 Remit the prevailing focalities charge,whit ti is subject to change,in accordance with the Department's
Rules and Regulations �
FACILITIES CHARGE (FC)
One(1)first service Paid
Three 3)additional units R$5,500 00/unit 16,50000
Total FC $16,50000
This is due and payable upon completion of the installation of ttte required water system improvement
and prior to ti nal subdivision approval being granted
For your information,grater commibuent deposits are credited towards the Einat facilities requirement for �
the development Mote that the amount of water commamcot deposit may exceed the prevailing,facilities
charge amount, for example,when requests for time extensions continue and are approved Untilthe
develOpmertt is finally completed,these are separate and unrelated itetus In tate event that water
t0mmitmerit deposits exceed the facilities charge,no refunds am applicable
3 Submit the appropriate documents,property prepared and executed,to convey the water gystetst
improvements and riecessary easements to the Water Board of the County of Haw•at'i prior to final �
subdivision approval being granted A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance doc-aineats 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 Troy Sainura of our Water Resources and Planning Branch at �
961-8070,extension 255
Sincerely yours,
V1 V/MAI
Keith K Okamoto,P E
Manager-Chief Engineer
TS dfg
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copy- 731915 Kaloko,LLC(w/copy of Rule 5 of the Rules and Regulations)
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Harry Kim 4,• '. Paul K.Ferreira
Mcryor Police Chief
•*'+ '`� Kenneth Btgado,Jr.
Deputy Police C ief
County of Hawaii ;
POLICE DEPARTMENT
349 Kapi'olani Street . Hilo,Hawai'i 96720-3998 :
(808)935-3311 . Fax(808)961-2389
September 17, 2019 `
V
TO : MICHAE EE, NNI DI CT �-
FROM MITCH LP NEHAIL A JR., AS ANT CHIEF, AREA II OPERATIONS `v
SUBJECT CHAN E OF ZONE APPLICATIO (REZ 19-000236)
APPLICANT: 731915 KALOKO, LLC
REQUEST: A-20A TO A-SA
TAX MAP KEY: 7-3-025:002
The above-referenced Change of Zone Application (REZ 19-000236) 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
19HQ0925
Planning Deet.
Exhibit -- - -
x- 2 '7969 _
"Hawai'i County is an Equal Opportunity Provider and Employer"
Har Kim r
Harry 4, {19 Spp n0 Darren J. Rosario
Afayor �L6i<. l ;;�; a
z. Fire Chief'
,-j-Lance S. Uchida
e1•,°�"=o^: � -_�a Deputy Fire Chief ..e
4rp'.F'Np`M
C.L'Ourltp O 'auaaf`i
HAWAII EIRE DEPARTMENT
25 Aupuni Street•Suite 2501-Hilo,Hawaii 96720
(808)932-2900®Fax(808)932-2928
September 23,2019
TO: MICHAEL YEE,PLANNING DIRECTOR
FROM: DARKEN J. ROSARIO,FIRE CHIEF
SUBJECT: Change of Zone Application(REZ 19-000236)
Applicant: 731915 Kaloko, LLC
Request: A-20a to A-5a
Tax Map Key:7-3-025:002
In regards to the above-mentioned Change of Zone application,the following shall be in
accordance:
NFPA 1 UNIFORM FIRE CODE 2006 EDITION
Note' Hativai`i State F'ir'e Code, National Fife Protection Association 2006 version, ti�,ith County
of Lknvai'i amendments. County amendments are identified ivith a preceding "C—" of the
reference code.
Chapter 18 Fire Department Access and Water Supply
18.1 General. Fire department access and water supplies shall comply with this chapter.
For occupancies of an especially hazardous nature, or where special hazards exist in addition to
the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or
areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ
may require additional safeguards including, but not limited to, additional fire appliance units,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
18.1.1 Plans.
18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the
fire department for review and approval prior to construction.
planning Debate
;d
Exhibit_ .
TlR�P�
r1
Hatoai'i Couitty is an Equal Opportuttihj Provider atid Etuployer, 127972
Michael Yee
September 23, 2019
Page 2
18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction.
C— 18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate
any Fire hydrant unless such person first secures permission or a permit from the owner or
representative of the department, or company that owns or governs that water supply or system.
Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or
maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau
personnel.
18.2 Fire Department Access.
18.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordance with Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es) to be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to
require fire department access be provided to gated subdivisions or developments through the
use of an approved device or system.
18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire
department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is
modified in a manner that could prevent fire department access.
18.2.3 Fire Department Access Roads. (*may be referred as FDAR)
18.2.3.1 Required,Access.
18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,
or portion of a building hereafter constructed or relocated.
18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes,
or a combination thereof.
18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports,
sheds, agricultural buildings, and detached buildings or structures 40Oft'- (37 m') or less are
present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the
AHJ.
Michael Yee
September 23, 2019
Page 3
18.2.3.1.4 When fire department access roads cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be
authorized to require additional fire protection features.
18.2.3.2 Access to Building.
18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m) of at least one
exterior door that can be opened from the outside that provides access to the interior of the
building. Exception: 1 and 2 single-family dwellings.
18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R,the distance in
18.2.3.2.1 shall be permitted to be increased to 300 feet.
18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or
any portion of an exterior wall of the first story of the building is located not more than 150 ft
(46 m) from fire department access roads as measured by an approved route around the exterior
of the building or facility.
18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in
18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m).
18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided
when it is determined by the AHJ that access by a single road could be impaired by vehicle
congestion, condition of terrain, climatic conditions, or other factors that could limit access.
18.2.3.4 Specifications.
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18.2.3.41 Dimensions.
CN 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved
turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family
dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than
20 feet wide within 150 feet of the structure being protected_ An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
Michael Yee
September 23, 2019
Page 4
18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not
adequate to accommodate fire apparatus.
C— 18.2.3.4.2 Surface.Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
be constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road
shall not exceed 1 ft drop in 20 ft (0.3 in drop in 6 m) or the design limitations of the fire
apparatus of the fire department, and shall be subject to approval by the AHJ.
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft (0.61 m)beyond each edge of the fire lane.
Michael Yee
September 23, 2019
Page 5
18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be
approved the AHJ.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be
provided and maintained to identify fire department access roads or to prohibit the obstruction
thereof of both.
18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane.
18.2.4* Obstruction and Control of Fire Department Access Road.
18.2.4.1 General.
18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles.
18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire department operations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and
barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or
other approved barricades across roads, trails, or other accessways not including public streets,
alleys, or highways.
18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner.
18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the
manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the
owner and the AHJ.
18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted
property identified in 18.2.4.2.1.
I
Michael Yee
September 23, 2019
Page 6
18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been
installed by the fire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
18.3 Water Supplies and Fire Hydrants
18.3.1*A water supply approved by the county, capable of supplying the required fire flow for
fire protection shall be provided to all premises upon which facilities or buildings, or portions
thereof, are hereafter constructed, or moved into or within the county. When any portion of the
facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying the required fire flow shall be provided when
required by the AHJ. For on-site fire hydrant requirements see section 18.3.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completely protected with an
approved automatic fire sprinkler system the provisions of section 18.3.1 may be
modified by the AHJ.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AHJ may require additional fire protection as specified in section 18.3.2
as amended in the code.
3. When there are not more than two dwellings, or two private garage, carports, sheds and
agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ.
18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs,
pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable
of providing the required fire flow shall be permitted.
18.3.3* The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be provided on a fire apparatus access road on the site of
the premises or both, in accordance with the appropriate county water requirements.
18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the
fire department.
18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25
or county requirements as determined by the AHJ.
18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected
unless located within a public right of way.
Michael Yee
September 23, 2019
Page 7
18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned
to service. Owners of private property required to have hydrants shall maintain hydrant records
of approval, testing, and maintenance, in accordance with the respective county water
requirements. Records shall be made available for review by the AHJ upon request.
C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water
standards:
Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for
Firefighting.
Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for
Firefighting.
Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for
Firefighting.
Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow
requirements.
Multiple story buildings shall multiply the square feet by the amount of stories when determining
the minimum water supply.
Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-
(6) of this code.
NOTE: In that water catchment systems are being used as a means of water supply for
firefighting, such systems shall meet the following requirements:
1) In that a single water tank is used for both domestic and firefighting water,the water for
domestic use shall not be capable of being drawn from the water reserved for firefrghtinb,
2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection
(FDC) shall be as follows:
a) 4" for C900 PVC pipe;
b) 4" for C906 PE pipe;
c) 3"' for ductile Iron;
d) 3' for galvanized steel.
I
Michael Yee
September 23, 2019
Page 8
3) The Fire Department Connection(FDC) shall:
a) be made of galvanized steel;
b) have a gated valve with 2-112 inch,National Standard Thread male fitting and cap;
c) be located between 8 ft and 16 ft from the Fire department access. The location shall be
approved by the AHJ;
d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as
3
measured from the center of the FDC orifice;
e) be secure and capable of withstanding drafting operations. Engineered stamped plans
may be required;
f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code,
4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second
FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing
500gpm by engineered design standards. The second FDC shall be located in an area
approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations
at once, in mind. '
5) Inspection and maintenance shall be in accordance to NFPA 25.
i
6) The owner or lessee of the property shall be responsible for maintaining the water level,
quality, and appurtenances of the system.
EXCEPTIONS TO SECTION 18.3.8:
I
1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment
storage.
2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access
Road requirements.
I
3) For one and two family dwellings, agricultural buildings, storage sheds, and detached
garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access
Road requirements, the distance to the Fire Department Connection may be increased to 1000
feet.
' i
4) For one and two family dwellings, agricultural buildings, and storage sheds greater than
2000square feet, but less than 3000 square feet and meets the minimum Fire Department
Access Road requirements, the distance to the Fire Department Connection may be increased
to 500 feet.
Michael Yee
September 23, 2019
Page 9
5) For buildings with an approved automatic sprinkler system, the minimum water supply
required may be modified.
If there are any questions regarding these requirements,please contact the Fire Prevention
Bureau at(808) 932-2911.
DARREN J. ROSARIO
Fire Chief
CB.ds
i
Harry Kim y William A.Kucharski
Mayor .e Director
Wilfred M.Okabe Diane A.Noda
Managing Director ( Deputy Director
ff�((��" 1unk of
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao'a Street,Suite 41•Hila,Hawaii 96720
Ph:(808)961-8083 • Fax:(808)961-8086
Email: cohdem@hawaiicounty.gov
MEMORANDUM
�a
TO: Michael Yee, Director g "-;4.
Planning Department
FROM: William A. Kucharski, Director
Environmental ManagementV9 ent C-
DATE: October 8, 2019
SUBJECT: Change of Zone Application (REZ 19-000236)
Applicant: 731915 Kaloko, LLCM
Request: A-20a to A-5a
Tax Map Key: (3) 7-3-025:002
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations(contact the Solid Waste Division for details):
1
(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 Hawaii
Organics Facility and East Hawaii 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:
lanning Deft,
Exhibit
County of Hawaii is an Equal Opportunity Provider and Employer 128257
I
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c
Mr. Michael Yee, Director
October 8,2019
Page 2
I
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 Hawaii 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 Hawaii 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
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DAVID Y.€Gt x�s;z t$"�'� Cti:\1 ti t y�\
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POST 0I T Ct t IOX 0--1 e t
September 25, 2019 �a
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County of Hawaii
Planning Department
Attn: Mr, Christian Kay via email: planning@ hawaiicounty.gov
101 Pauahi Street, Suite 3 I
Hilo, Hawaii 96720 I
3
Dear Mr. Kay: �
'3
I
SUBJECT: Change of Zone Application (REZ 19-000236) from A-20a to A-5a for
property located at 73-1915 Kaloko Drive, Kaiiva-Kona, Island of Hawaii;
TMK: (3) 7-3-025:002 on behalf of 731915 Kaloko, LLC
Thank you for the opportunity to review and comment on the subject matter. The Land
Division of the Department of Land and Natural Resources (DLNR) distributed or trade
available a copy of your request pertaining to the subject matter to DLNR's Divisions for their
review and comments.
At this time, enclosed are comments from the (a) Engineering Division, (b) Division of
Forestry & Wildlife, and (c) Land Division — Hawaii District on the subject matter. Should you t
have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: �
darlene.k.nakarnura@hawaii.pov. T hank you.
i
Sincerely,
3
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Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
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Planning D
Exhi it--
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CFVIC~Y
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V1H:y'1 01 I.,-0t)AND IN tT€lt'Al toLSOt't;CES
September 4, 2019
iMEMORANDUM
DLNR Agencies:
—Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
is Engineering Division
X Div. of Forestry &Wildlife
Div. of State Parrs
X Commission on Water Resource Management
_Office of Conservation 11 & Coastal Lands
X Land Division – Hawaii District
X Historic Preservation
F, Pv1; Russell Y, Tsuji, Land Administrates
,'SUBJECT: Change of Zone Application (REZ 19-000236) from A-20a to A-5a
LOCATION: 73-1915 Kaloko Drive, Kailua-Edna, Island of Hawaii; TMK: (3) 7-3-025:002
APPLICANT: 731915 Kaloko, L L
Transmitted for your review and comment is information on the above-referenced
subject matter, Please submit corm-nems by September 24, 2019.
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 or
by email at darlene.k.nakamura.a(-?,hawaii.gov. Thank you.
We have no objections.
{ We have no comments.
Comments are at?.che
Signed:
Print Name: Caryy Chang, Chief Engineer
Date.-
Attachments
ate:Attachments
cc: Central Files
1
OF
AND NATUI2\T. R1TS0)1`RCI,S
{
September 4, 2E010
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X{( tt Eg(�{ C YY
Enol€�ee if Division
Xif
Div. oI Forestry & 'Ntldlife
Div. of State Darks
X Commission on Mater Resource Management
Office of Conservation & Coastal Lands
X Land Division — Hawaii District
X Hstor c Preservation
FROM: Russell Y. Tsuji, Land Administraff
SUBJECT: Chance of Zone Application (REZ 19-000236) from A-20a to A-5a
LOCATION: 73-1015 Kaioko, Drive, Kailua-Kona, Island of Hawaii; T NIIK: (3) 7-3-0126:002
APPLICANT:
-1319,153Kaloko, LLC
Transmitted for your review and carrirnerit is information on the above-referenced
subject matter. Pip-ase s!-bmilt comments by September 24, 20M
if no response is received by this dale, we will assume your agency has no comments.
If you have any questions about this request, Tease contact Darlene Nakamura at 537-0417 or
by email at dariene.k_nakarnura@hawaH.gov. Thank you.
( ° lode have oi31jectio€ s,
( \<"�fe hav o n s.
( J Commie t r t `:. d.
Signed:
Print Name: DA
1 r
Date:
Attachments
cc: Central Files
i
UAVID Y.iG' :1+.> Eu z�o ti CI 11 7E ¢Gf<
F+L'C J�L U,'D AND A t V,PES [URCES GF t .... f tq 2 G;tf3l1 5 L1 CTM 3:'\T R'i 0L C.:
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S'FAT3+ OF i��+x��'.�T�
s DEPART-.MENJ OF LAND AND NATURAL RESOf)RCYS
LAND DIVISION
PGs i OFFICE BOX 621
f?0N0LULU,HAA, i€ tr5�9
September 4, 2019
MEMORANDUM
n
TO- DLII; Agencies: c r
Div. of Aquatic Resources .—�
`Div. of Boating & Ocean Recreation
X Engineering Division -
X Div. of Forestry&Wildlife
_Div. of State Parks
X Commission on Water Resource Management
—Of7ice of Conservation & Coastal Lands
X Land Division–Hawaii District
X Historic Preservation
FROM: Russell Y. Tsuji, Land Administrate-..........
-
SUBJECT: Change of Zone Application (REZ 19-000236)frorn A-20a to A-5a
LOCATION: 73-1915 Kaloko Drive, Kailua-Kona, Island of Hawaii; T MIK (3) 7-3-025:002
APPLICANT: 731915 Kaloko, LLQ.
Transmitted for your review and comment is information or 1 the above-referenced
subject matter. Please submit comments by September 24,
F no response is received by this date, we will assume your agency has no comments.
If you 'nave any questions about this request, please contact Darlene Na k,9Mura at 587-0417 or
by ernaH, at darlene.k.nakamura0hawaii.gov. Thank you.
(
_,,We have no obje^,dons.
( We have no comments.
( ) Comments are attached.
Signed:
r ,r
Print Plaine:
Date:
Attachments
cc: Central Files
3
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DAVID ICs y
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September 26, 2019
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County of Hawaii
Planning Department
Attn: Mr. Christian Kay via email: planning@hawaiicounty.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
I
Dear Mr. Kay:
SUBJECT: Change of Zone Application (REZ 19-000236) from A-20a to A-5a for
property located at 73-1915 Kaloko Drive, Kailua-bona, Island of Hawaii;
TMK: (3) 7-3-025:002 on behalf of 73`19 i 5 Kaloko, LLC
Thank you for the opportunity to review and comment on the subject matter. In addition
to our previous corn-invents dates! Septernber 25, 2119, enclosed are sort,;'lents from the
Cornrnission on Vv'ater Resource Management on the Subject matter. Should you have any
questions, pease feel free to contact Darlene Nakamura at (803" 587-0417 or email:
dariene.k.nakamura@hawaii.gov. Thank you.
Sincerely,
Russell Y. Tsuji j
Land Administrator
I3
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Enclosure
cc: Central Files I
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September 4 20I9 a
MEMORANDUM
TO: DLNR Agencies:
Div_ of Aawatic Resources
Div. of Boeing & Ocean Recreation
X Engineering Division
X Div. of Forestry&Wildlife
Div. of State Parks rug
X Commission on Wafer Resource Management
Office of Conservation & Coastal Lands
< !aryl Division — Hawaii District
X Kstoric Preservation
_— I
=i;0M: Russell Y. Tsuji Land Adniinistrat6,,' —✓?
SUBJECT: Chan ne of Zone Application (REZ 19-000236), front A-20a to A-5a, I
LOCATION: 13-1915 Kalol o Drive, Kailua-K ona, Island of Hawaii, TMK: '3 -.7-3-025:0,02 I
APPLICANT: 7311915 Kaloko, LLC
ransi--ni -Led for y ui reviev, and conirnent is [1777 i' 1:`atlJil oii the a~ J''fe-relerenc d
su'-1 7;( roan, , Pieasu suibrnit comments by September 24. 20190{.
I
i! no response is received by this nate, Nve will! assume vour agency has no comments.
ments.
If you have any questions about this request, please contact Darlene Nakamura at 587-04117 or
by enjail at d rletl .k.iia€carriuratcbiiauv_aii,gov. Thank you. I
( ) We have no objections.
( } We have no corrments.
( X ) Comments are aftacf pec.
i
Signed: /s/ M. Kaleo Manuei
3
Print Name: Deputy Director
3
Date: September 24, 2M9
3
Attachments
cc: Central Files
-25 71
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STATE OF HAWAII sc uer
DEPAR-MEN i OF LAND AND NA FWRAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
September 24, 2019
QEF: RFD.5229.8
TO: Mr. Russell Tsuji, Administrator
Land Division
FROM: M. }fates Manuel, Deputy Director
Commission on Water Resource Management
SUBJECT: Change of Zone Application(REZ 19-000236)from A-20a to A-5a
FILE NO.: RFD.5229.8
TMK NO.: (3)7-3-025:.002
Thank you For the opportunity to review the subject document. The Commission on%mater Resource
Management(CWR,M)is the agency responsible for administering the State Water Code(Cede) Under the Code, all
waters of the State are hell in trust for the benefit of the citizens of the State,therefore all water use is subject to
legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through
conservation measures and appropriate resource management. For more information please refer to the State
Water Code, Chapter 174C, Hawaii Revised Statutes, and Hawaii Administrative Rules, Chapters 13-167 to 13-171.
These documents are available via the Internet at http:lfdinr.hawaii.00vfcrrnn.
Our comments related to water resources are checked off below
1 We recommend coordination with the county to incorporate this project into the county's Water Use and
Development Plan- Please contact the respective Planning Department and/or Depsrtment of to/ater
Supply for further information.
2. `uVe recommend coordination with the Enoineenn+g Division of the State Department of Land a;rd Haturat
Resources to incorporate this project Into the State Water Projects Plan-
F1 1 We recommend coordination with the Hawaii Department of Agriculture(HDOA)to incorporate the
reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's
Agricultural Water Use and Development Plan(AWUDP). Please contact the HDOA for rnore
information.
4- We recommend ttrat,,,rater efficient fixtures be installed and water efficient practices implemented
throughout the development to reduce the increased demand on the area's freshwater resources.
Reducing the.water usage of a home or building may earn credit towards Leadership in Energy and
Environmental Design(LEED)certification_ More information on LEED certification is available at
http://wwvw.+!sgbc.org/lead. A listing of#iXtUMS certified by the EAP as having high water efficiency can be
found at http.//wvvvw-epa.gov/wvatersense.
5. We recommend the use of best management practices(BMP)for stormwater management to minimize
the impact of the project to the existing area's hydrology while maintaining on-site infiltration and
preventing polluted runoff from storm events, stormwater management BMPs may earn credit toward
LEED certification. More information on stormwater BMPs can be found at
htip:f/planning hawvaii.govfczrnfiinitiatives/lour-impact-development/
6. We recommend the use of alternative water sources.wherever practicable.
7, We recommend participating in the Hawaii Green Business Program,thai assists and recognizes
businesses that strive to operate in an environmentally and socially responsible manner.The program
description can be found online at http-//energy,hawaii.gov/green-busi.'Iess-program.
ElS. We recommend adopting landscape irrigation conservation best rrianagernent practices endorsed by the
Landscape Industry Council of Hawaii.These practices can be found onfine at
http-llwAnvv4.ha<vaiiscape.cam/wp-content/uploads/2013i'04/LIC H_Irriga'Lion_Conservation_BM Ps.pdf.
fh Russell Tsuji
Page 2
September 24. 2019
( }} c There may be the potential for ground or surface water degradation/cc.ntarnina6on and recommend that
aloprovals for this project be condliionev upon a revie`;by lilt-':State Department of Health and the
oeveioper's acceptance of any resulting requires-ie�its re'ated to wzner gt!atity
.10 The proposed water supply source for the protect is€+c>cated in a des€gnated',vater management area,and
a Water Use Permit is required prior Lo use of�yater The'Aa,er Use Permit may be conditioned on the
requireinent to use dual Fre water supply systems for na.•rndustriat and commercial developments
11 rt Well Construction Permit(s)is(are)are required be`ora the commencement of any well canstntE tion
Work
12 A Pump Installation Permit(s)is(are)required before ground water is developed as a source of supply for
the project.
13 There is(are)well(s)located on or adjacent to this project- If wells are not planned to be used and will be
- affected by any new construction,they must be property abandoned and sealed. A permit for well
abandonment must be obtained.
14 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow
standard amendment.
El15 A Stream Channel Alteration Permit(s)is(are)required before any alteration can be made to the bed
and/or banks of a steam channel.
(� 16 A Stream Diversion Works Permit(s)is(are)required before any stream diversion works is constructed or
altered.
17 A Petition to Amend the interim instream Flow Standard is required for any new or expanded diversion(s)
of surface water.
Ij 18 The planned source of water for this project has not been identified in this report Therefore,we cannot
determine what pert-nits or petitions are required from our office,or whether there are potential impacts to
water resources-
OTHER Planning -Agriculture operations have not been menttoned i;tt the document submittal However,
we recommend best practices for efficient irrigation(drip,micro-sprinklers,etc,when appropriate)
and on-farm water conservation for any future planned agriculture operations.
If you have any questions, please contact Lenore Ohye of the Commission staff at 587-0216.
DAVID Y.IGE O FBRUCE S.ANDERSON PhD.
GOVERNOR OF HAWAII ��`�1p59h�; DIRECTOR OF HEALTH
yM .
I
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
`1>� .n
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MEMORANDUM 4
L,
3
DATE: September 19,2019 ]
ya�
TO: Mr. Michael Yee 7:7
CO
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application(REZ-19-000236)
Applicant: 731916 Kaloko, LLC.
Request: A-20a to A-5a
TMK: 7-3-025:002
i
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. if there is need to discuss
these requirements,please contact our Clean Air Branch staff at Ph. 933-0401.
a
The Department of Health(DOH), Clean Water Branch(CWB), acknowledges receipt of the
subject document on September 3, 2019. The CWB has reviewed the limited information
contained in the subject document and offers the following comments:
Permit Issuance 3
3
i
* Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy,which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification(WQC)is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Planning
Statutory exemption; and
- May result in a discharge into State waters. The term"discharge"is FE x 111 i b i
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). 3
X279 '70
Michael Yee
September 19,2019
Page 2 of 4
Examples of"discharge"include,but are not limited to,allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste,rock/sand/dirt,heat, sewage,construction debris, any
underwater work,chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy,and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit,license, certificate,
approval,registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA),U.S. Army Corps of
Engineers (COE),Pacific Ocean Division Honolulu District Office (POH)Tel:
808-835-4303; U.S. Environmental Protection Agency Tel:415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC,you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https://eha-cloud.doh.haNvaii.t�ov/eperniit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http:/fliealth.ba-,vaii.gov/civb/.
• National Pollutant Discharge Elimination System(NPDES)permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one(1)acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation,demolition,uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
(Ix) and(xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water,hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides,fungicides,rodenticides, and various other substances to control
pest)to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
Michael Yee
September 19, 2019
Page 3 of 4
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
haps://eha-cloud.doh.hawaii. ov/epennit/.
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
https:Heha-cloud.doh.hau,aii.gov/epemiit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55,Appendices B through M.HAR, Chapter 11-55
and HAR, Chapter 11-55,Appendices B through M are available on the CWB
website at: http:Hhealth.haNvaii.log v/cwb/.
• According to State law, all discharges related to the project construction or
operation activities,whether or not NPDES permit coverage and/or Section 401
WQC are required,must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, '
civil and criminal penalties for such violations.
4,1
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected "
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: wu,,.v.hawaii.gov/doh/pollutedrunoffcontrol. t,
Michael Yee
September 19,2019
Page 4 of 4
Construction activities must complywith the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter,please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.goN,Ihealth/environmental/env-planiiin,g/landuse/landuse.htmi. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist)created by Built Environment Working Group(BE5G)of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
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194 Witivoole St. Hilo, 141 9672
Phone: 808-3033-3393 ����► ?_ � P7
Email: into a?zendokern.corn .
February 7, 2020
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
Subject: Attn: Leeward Planning Commission
Archaeological Reconnaissance Survey for Change of Zone Application
(REZ 19-000236)
Applicant: Jean K Campbell Trust and Jeffrey S Clapp Trust
Request: A-20a to A-5a
Kaloko Mauka,North Kona,Hawaii,TMK: (3) 7-3-025. 002
Please see the requested archaeological reconnaissance survey conducted by Scientific
Consultant Services, Inc. pertaining to the above referenced application.
We trust that everything is in order for your acceptance and processing of this application.
If not, or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN
Planning Consultant
Enclosures
Copy—Jean K. Campbell Trust and Jeffrey S. Clapp Trust
S ANNED
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Hawaii Island Office: PO Box 155 Kea`au,HI 96749
's
Jean Campbell 21512020
1329 Kuuna St.
Kailua, HI 96734-3663
808-227-5326
jeankcampbell@gmail.com
E
Re: Archaeological Reconnaissance Survey Letter Report for a 21.296-Acre Parcel
of Land Located in Kaloko Ahupua`a,North Kona District,Hawaii Island [TMK
(3) 7-3-025:002)].
a
Aloha e Jean:
Scientific Consultant Services, Inc. (SCS) conducted an archaeological reconnaissance
survey (ARS) of the above referenced 21.296-acre Parcel 002 to identify archaeological
sites and/or historic properties within the survey area [Enclosures 1 through]. Parcel 002
is located at 73-1915 Kaloko Drive. Jean Campbell and Jeffrey Clapp are listed as fee
owners. The property owner's address is 1329 Kuuna Street Kailua, HI 96734-3663.
The property owner can be contacted by email atjeankcampbell@gmail.com or by
telephone 808-227-5326. Based on information provided by Ms. Campbell,the property
owners are planning to subdivide the property.
Parcel 002 is bounded to the east by Kaloko Drive,to the north by a developed residential
lot with residential buildings, and to the west and south by undeveloped land. Parcel 002
is located between 2,770 and 2,960 feet (844 to 902 meters) above mean sea level (amsl).
The property slopes fairly steeply to the southwest. The ground surface is stepped and
hummocky. Several narrow and shallow lava channels were encountered during the
reconnaissance survey. There were no lava tube openings identified on the property.
Tree species on Parcel 002 consist primarily of `ohia lehua(Illetrosideros polymorpha),
kopiko (Psychotria mariniana), halapepe (Pleomele ferualdii), and guava (Psidium sp.).
There are numerous hapu`u(Cibotium sp.) and other small ferns. Tree species along the
grubbed north boundary of the parcel include rainbow eucalyptus (Eucalyptus deglupta),
silver oak(Grevillea robusta), young koa (Acacia koa), ginger(Hedychium sp.), olive
(Olea europaea), and bamboo (Bamusa sp.). The trees along the north boundary are
primarily non-native. There are also several very large silver oak trees along the hiking
trail in the southwest corner of Parcel 002 and koa trees along the Kaloko Drive edge of
Parcel 002.
I
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Parcel 002 is a small portion of Land Commission award(LCA) 07715 awarded to Lot
Kapuaiwa (King Kamehameha V).
if
On January 23 and 24, 2020, SCS Senior archaeologists Glenn Escott, M.A. and Thomas
Dols, M.A. surveyed the project area (32 person-hours total). The pedestrian survey
covered 100%of the project area. Survey transects were spaced between two and three
meters (6.5 to 10.0 feet) apart, so that both surveyors could see the ground surface
between them. Ground surface visibility was good. Transects were walked in a
north/south direction beginning along Kaloko Drive and ending along the west boundary
of Parcel 002. A Garmin GPS and OnX were used throughout the survey to determine
the exact location of surveyors, transects and property boundaries.
The dirt road along the north property boundary was easily identifiable as a slightly
overgrown dirt road [see Enclosure 2 and Enclosure 3]. The older dirt road(heavy
dashed line in Enclosures 2 and 3)toward the middle of the north property boundary was
also located during the survey. The road is overgrown with saplings and brush. A
washing machine was located on the dirt road. The dirt road in southeast corner of Parcel
002 was similarly overgrown and difficult to identify.
The hiking trail located in the southwest corner of the project area is well maintained and
connects Ha`o Street to the Honua`ula State Forest Reserve [Enclosure 4]. There are
several very large, old silver oak trees along the trail. There is also a three to four inch
metal water pipe along the mauka (northeast) side of the trail. The pipe is modern,
although its location appears to match the location of the H61ualoa—Pu`uwa`awa`a
Waterline depicted on the 1928 USGS Kailua Quadrangle map [Enclosure 5]. It is
possible that the hiking trail was created as a service access route to install, repair and
upgrade the water pipeline.
A single small oval rock concentration was identified at 2,910 ft amsl in the northeast
quadrant of Parcel 002,just below the northern property boundary dirt road [see
Enclosure 2 and Enclosure 3]. The rock concentration is located on a small level natural
step near the top of a steep southwesterly slope. The level step is approximately 1.5 m
above the base of the slope.
The rock concentration is 1.2 m long(N1S)by 1.0 in wide and is 0.45 m in maximum
height [Enclosure 6]. It consists of angular and subangular basalt cobbles and small
boulders piled two courses high on the ground surface. The top surface is mounded in
shape and there is no stacking or facing evident in the feature construction. There are no
other features or artifacts nearby. There are no garden areas to suggest that the rock
mound is from agricultural field clearing. There are no nearby trails to suggest that the
rock mound is a trail marker. The small mound is not easily seen from above or below
the level step.
After closer inspection, it was determined that the rock concentration was naturally
created by rocks tumbling from upslope and piling up on the level step. The rock
concentration is a natural geological feature and is not an archaeological site.
The result of the archaeological reconnaissance survey is that there were no
archaeological sites and no historic properties identified on Parcel 002. The results
accord with ethnographic and early historical accounts of upland use in North and South
Kona. Parcel 002 is located at the top range of the `ama`u zone (2,000-3,000 ft amsl) of
the Kona Field System (KFS).
The `ama`u zone was an area where bananas and plantains were grown, timber was cut,
and birds were hunted for food and feathers. While occasionally garden walls and
temporary habitation features are recorded in the `ama`u zone, they are far fewer in
number than those identified in the lower zones of the KFS.
Other than the single large Land Commission award (LCA 07715)to Lot Kapuaiwa
(King Kamehameha V) in Kaloko Ahupua`a, there are no other LCAs in the uplands
where Parcel 002 is located. LCAs in Kaloko Ahupua`a and Kohanaiki Ahupua`a to the
north are at lower elevations, suggesting that lands of the Parcel 002 area were not used
for upland gardens or habitation.
Sincerely,
Glenn G. Escott, MA
Hawaii Island Operations Manager
Scientific Consultant Services, Inc.
ggescott@yahoo.com
808-938-0968
Enclosures
Enclosure 1: Hawaii Island Project Area Map
Enclosure 2: USGS TMK Project Area Map
Enclosure 3: Aerial TMK Project Area Map
Enclosure 4: Photograph of Hiking Trail
Enclosure 5: 1928 USGS Project Area Map
Enclosure 6: Photograph of Temporary Site 1
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COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
JEAN K. CAMPBELL TRUST & JEFFREY S. CLAPP TRUST
CHANGE OF ZONE APPLICATION (REZ 19-000236)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural 20-acre (A-20a) to Agricultural 5-acre (A-5a) for 21.296 acres of
land be forwarded to the County Council. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position.
This favorable recommendation is based on the following findings:
The applicants are requesting a Change of Zone from Agricultural 20-acre
(A-20a) to Agricultural-5 acres (A-5a) to subdivide the 21.296-acre property into four (4)
parcels, consisting of a minimum of five (5) acres each, for estate planning purposes.
There are currently no homes on the subject property.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth consistent with the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural (A-20a) to the Agricultural
(A-5a) zoned district will conform to the goals, policies and standards of the General
Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's goals
and policies to guide the coordinated growth and development of the County. It reflects a
graphic depiction of the physical relationship among the various land uses. The LUPAG
Map establishes the basic urban and non-urban form for areas within the County. The
-1-
property is designated Important Agricultural Land, which are lands with better potential
for sustained high agricultural yields because of soil type, climate, topography, or other
factors. However, the subject property is primarily native forest and therefore it is
preferable to maintain the forest than to convert the property to agricultural uses.
The proposed Change of Zone will conform to, among others, the following goals
and policies of the Natural Resources Element of the General Plan:
• Protect rare or endangered species and habitats native to Hawaii.
• Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as
excessive soil compaction and excessive removal of vegetative cover should be
minimized and mitigated consistent with management strategies that encourage
the retention of existing forested and pasture areas, reforestation, minimal
coverage by impervious surfaces and other strategies that encourage effective
infiltration to groundwater.
• Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals.
• Create incentives for landowners to retain and re-establish forest cover in upland
watershed areas with emphasis on native forest species.
Among the most significant of the island's natural resources are upland forests
that provide the essential groundwater recharge areas. All groundwater sources in North
and South Kona ultimately depend upon recharge that primarily occurs in a band between
the 1,500 and 5,500-foot elevations. In the lower part of this band, rainfall dominates
from approximately the 1,500 to 3,000-foot elevation. In the upper part of this band,
above the 3,000-foot elevation, fog that collects on trees and drips to the ground is a
major contributor to the aquifer. In recognition of the importance of the mauka Kona area
for watershed and other environmental values, the County Council established a policy in
Resolution No. 330-96 (1996) that no lands in North or South Kona above 2,500 feet in
elevation (except in the existing Kaloko Mauka Subdivision) should be rezoned to lot
sizes less than 20 acres, without a corresponding reduction in density on contiguous
lands. In Kaloko Mauka, the Council found that the concerns could be mitigated by
specific rezoning conditions which would require that at least 80 % of the property be
kept in forest cover, in the area above 3,000 feet in elevation (Resolution No. 58-97).
-2-
One of the conditions included in Resolution No. 58-97 was to restrict the number of
dwellings to one per lot. The Planning Director recommends a restriction against a second
dwelling on each lot to minimize the density of development in the native forest, similar
to a condition included with other past rezones in the subdivision. Conditions of approval
will be included to meet the forest cover and density requirements of the resolutions
mentioned above.
According to the applicant, the property is heavily forested with a relatively closed
canopy of`ohi`a and a dense understory of hapu`u ferns and other native and non-native
trees and shrubs. Significant alien weed species present in the forest include banana poka,
tibouchina, ginger, Philippine fig, trumpet tree and silk oak. The site has been degraded
by the widespread invasion of plant species and by disturbance of feral pigs. Other
wildlife known to the area consists mongoose, turkey, and other common introduced
birds. Common native Hawaiian birds inhabiting the property include the `amakihi,
`apapane and `elepaio. The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find the Hawaiian
Hawk (I`o), Hawaiian Owl (Pueo) and the Hawaiian Hoary Bat (`ope`ape`a).
The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of
Hualalai, above the 3,000-foot elevation, as "essential habitat" for the endangered `akepa
and Hawaiian creeper. These bird species feed from `ohi`a lehua and koa. The proposed
development has the potential to alter the mixture of plant life, however, the low density
of the proposed development and conditions of approval consistent with Resolution No.
58-97 will assure the continuation of habitat for existing wildlife.
The Kona Community Development Plan (CDP) includes similar goals as the
General Plan regarding preservation of natural resources and native species, as well as
watershed protection. With implementation of these conditions, the request will conform
to the goals and policies of the General Plan and Kona CDP.
All utilities and services are available to the site. The proposed access to the
property is from Kaloko Drive which is a County owned and maintained roadway with a
22-foot wide pavement with grass shoulders within an 80-foot right-of-way. According
-3-
to the Department of Public Works, access to Kaloko Drive should be limited to one
combined approach and a"no vehicular access planting screen" easement should be
included along the Kaloko Drive roadway frontage. This recommendation will include a
condition requiring only one combined access to Kaloko Drive for the four (4)proposed
lots as well as a requirement for a "no vehicular access planting screen" easement to
restrict additional access points.
Since the mid 1990's, funds have been set aside in a fair share account for the
County and/or State to improve the Kaloko Drive-Mamalahoa Highway intersection,
which is a "T" configuration intersection located about three miles below the subject
property. The current fund balance for this intersection is $647,880.45.
The Department of Transportation (DOT) has previously shown concern about the
numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of
these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT
has previously recommended the following improvements at the intersection due to the
additional traffic and activity on the roads from the cumulative effect of the land use
change:
• Illuminate the intersection at night
• Channelize turning movements at the intersection
• Other safety improvements
The DOT has further stated that the intersection improvements should be made at
no cost to the State and requests that plans for improvements within the State highway
right-of-way be submitted to the Highways Division for review and approval. The
Department of Transportation, Department of Public Works, and the applicant have all
acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive
intersection. The roadway improvements are essential since similar change of zones may
occur throughout the Kaloko Mauka Subdivision and the creation of additional home
sites would place an increased burden on traffic at the intersection. Previous rezones in
the subdivision have included a condition of approval requiring that the fair share fee paid
for regional impacts to transportation, park, police, fire and solid waste facilities be
-4-
allocated for the County and/or State to improve the Kaloko Drive- Mamalahoa Highway
intersection. A condition of approval will be included to continue to require fair share
fees be contributed for the improvement of this intersection.
According to the Department of Water Supply, three additional water units can be
made available from an existing four (4)-inch waterline within Kaloko Drive. One unit of
water is currently assigned to the subject parcel. Wastewater generated by the proposed
development will be disposed of by individual wastewater disposal systems for each lot,
meeting the requirements of the Department of Health. Solid waste will be taken by the
individual lot owners or a private hauling service to a designated transfer station or the
West Hawaii Sanitary Landfill. The Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) designates the property as Zone "X", an area determined to
be outside of the 500-year flood plain. All other essential utilities and services are or will
be made available to the site.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located over five (5) miles mauka of the shoreline and
therefore will not be impacted by coastal hazard and beach erosion. There are no
identified recreational resources, public access to the shoreline or mountain areas, scenic
and open space preserves, coastal ecosystems, or marine resources on the subject
property. The property does contain significant natural resources in that it is heavily
forested with native species that provide a food source to several native and endangered
bird species.
In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O
Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No archaeological survey of the site was
conducted as part of the application. The property is located within the boundaries of a
pre-contact age upland agricultural system known as the Kona Field System, which is
-5-
listed in the State Inventory of Historic Places. The area was the subject of a
reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the
developers of the Kaloko Mauka Subdivision. In addition, the National Park Service
published a report in 1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work
at Kaloko Ahupua`a, North Kona." This study also identified remains of an agricultural
field system up to the 3,500-foot elevation at certain locations. A copy of the application
was sent to the State Historic Preservation Division with a request for comments, but no
comments have been received as of the date of this writing. The Planning Department has
no record of any cultural or historic resources on the property. The U.S. Fish and Wildlife
Service has conducted studies of the general area over the years and have identified
numerous endangered and native bird species in the native forest in the subdivision.
The valued cultural historical and natural resources found in the rezoning area:
The Department is not aware of any cultural or historic resources on the property.
According to the applicant, there is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the property. The property is covered in native forest.
Possible adverse effect or impainnent of valued resources: Native plants may be
destroyed by construction or ground alteration. There is no evidence that the flora in the
area are particularly desired or used for cultural practices. A condition of the rezone will
require that construction ceases until SHPD provides approval to continue work, if any
historic or cultural resources are inadvertently discovered during ground alteration and
construction.
Feasible actions to protect native Hawaiian rights: As stated by the applicant, no
gathering is taking place on the site. Since no archaeological study of the property was
conducted by the applicant and since the area is part of the Kona Field System, the
Planning Director recommends a condition requiring an archaeological reconnaissance
survey for the property to identify resources and to implement mitigation if resources are
found to be present on the property.
This favorable recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
-6-
in connection with uses permitted within the Agricultural zoning district, prior to its
commencement or establishment upon the subject property. Additional governmental
requirements may include the issuance of building permits, the installation of approved
wastewater disposal systems, compliance with the Fire Code, installation of
improvements required by the American with Disabilities Act (ADA), among many
others. Compliance with all applicable governmental requirements is a condition of this
favorable recommendation; failure to comply with such requirements will be considered a
violation that may result in enforcement action by the Planning Department and/or the
affected agencies.
Based on the above findings, approval of the Change of Zone request from
Agricultural (A-20a) to the Agricultural (A-5a) zoned district would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
The accompanying draft bill to amend Section 25-8-2 (North and South Kona District
Zone Map) is provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
-7-
J�SV.eF H,!Y
COUNTY OF HAWAII STATE OF HAWAII
Mor:'.`
�TE•OF•H►�
BILL NO.
ORDINANCE NO. (Pz-�A)IAJ e,
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICTS
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE
ACRES (A-5a) AT KALOKO, NORTH KONA DISTRICT, HAWAII, COVERED BY TAX
MAP KEY: 7-3-025:002.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning) of the Hawaii 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
District, Hawaii, shall be Agricultural-5 acres (A-5a):
Beginning at the Southeasterly corner of this parcel of land, being also the
Northeasterly corner of Lot 5 of Block 5 of Kaloko Mauka Subdivision, Increment 1
(File Plan 994) 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 11,020.25 feet South and 994.18 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next three (3) courses following along the remainder of Royal
Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha:
1. 135° 10' 1,963.64 feet along Lot 5 of Block 5 of
Kaloko Mauka Subdivision,
Increment 1 (File Plan 994) to a
point;
-1-
2. 183° 00' 637.38 feet along Lot 4-D of Block 5 of
Kaloko Mauka Subdivision,
Increment 1 to a point;
3. 315° 10' 1,963.64 feet along Lot 7 of Block 5 of
Kaloko Mauka Subdivision,
Increment 1 (File Plan 994) to a
point;
4. Y 00' 637.38 feet along the Westerly side of
Kaloko Drive to the point of
beginning and containing an area of
21.296 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (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 froin the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
-2-
SECTION 3. 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
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
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
AGRICULTURAL-20 ACRES(A-20a)TO
AGRICULTURAL-5 ACRES(A-5a)
21.296 ACRES
A-10a
A-10a
A-20a
A-10a
A-20a
A-20a
A-5a A-5a
A-5a A-20a
A-5a
A-5a
A-3a
A-5a A-20a
a
0
A-5a A-5a _0Z A-20o
O
J
2
Y
II,020.25'S
A-5a A-5a 59?.i8 E
.,MCANUTAHEA"
A-5a
A-3a A-5a A-20o
A-5a
A3a Asa 1
Feet
0 750 1,500 2,250 3,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICTS ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL -TWENTY ACRES (A-20a) TO
AGRICULTURAL - FIVE ACRES (A-5a)
AT KALOKO, NORTH KONA, HAWAII
MAP PREPARED BY:
TMK:(3)7-3-025:002 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:July 8,2019
EXHIBIT "A" 731915 Kaloko LLC
Mao: 1410
CCampbell-ClappREZ19-236jwd 12-30-19
JEAN K. CAMPBELL TRUST & JEFFREY S. CLAPP TRUST
CHANGE OF ZONE APPLICATION (REZ 19-000236)
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, Hawaii 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 one hundred and eighty(180) days from the effective
date of this change of zone ordinance. The applicant is responsible for
maintaining valid water commitments to support the proposed use until such time
that required water facilities charges are paid in frill.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance. The applicant shall reserve the following easements and special
setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
1. A 100-foot wide "forest reserve easement" along the existing roadway
frontage of the subject property, exclusive of the access point pennitted by
the Department of Public Works;
2. A 30-foot "forest reserve easement" along all lot lines not covered by the
100-foot easement; and
3. A 100-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
Kaloko Drive shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than
eighty percent (80%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
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
-2-
the Bureau of Conveyances and/or Land Court. A copy of the covenants
to be recorded shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of
the approved covenant(s) shall be recited in an instrument executed by the
applicant and the County and recorded with the Bureau of Conveyances
prior to the issuance of Final Subdivision Approval.
3. If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the Forest Management Plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20% within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This Forest Management Plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may be
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. Access to Kaloko Drive shall be limited to one (1) combined driveway access for
all proposed lots. The combined access driveway, including the provision of
adequate sight distances, shall comply with Chapter 22 (County Streets) of the
Hawaii County Code and shall meet with the approval of the Department of
Public Works. A "no vehicular access planting screen" easement shall be included
along the Kaloko Drive frontage, except for the one combined access, and
delineated on the preliminary and final subdivision plat.
I. All earthwork and grading shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawaii County Code.
J. All development generated runoff shall be disposed of on-site and not be directed
toward any adjacent properties.
K. Prior to issuance of Final Subdivision Approval, the applicant shall complete an
archaeological reconnaissance survey of the property and receive approval of the
-3-
survey by the State Historic Preservation Division. The applicant shall implement
mitigation measures required by the State Historic Preservation Division, if
resources are found on the property.
L. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces, platforms,
etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes
are identified during the development and/or construction work, the applicant will
cease work in the immediate vicinity of the find, protect the find from additional
disturbance, and contact the State Historic Preservation Division at (808)
933-7651.
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution shall be based on the actual number of
additional lots created. The fair share contribution to address the potential road
impacts shall be in the form of cash and/or in-kind services approved by the
County Council and shall be applied to improving the Kaloko Drive/Mamalahoa
Highway intersection. Based upon the applicant's representation of intent to
subdivide and develop up to three (3) additional lots, the fair share contribution is
$14,596.67 per additional lot, for a combined total of$43,790.01. The fair share
contribution shall be adjusted annually by the Hawaii County Planning
Department, beginning three (3) years after the effective date of this ordinance,
based on the percentage change in the Honolulu Consumer Price Index (HCPI).
Upon approval of the fair share contribution, the Planning Director shall submit a
final report to the County Council for its infonnation that identifies the specific
approved fair share contributions, as allocated, and further implementation
requirements.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
-4-
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
-5-
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