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HomeMy WebLinkAboutCOM 0840.000 2018-2020 J�tV of Harry Kim o° +., Roy Takemoto Mayor �,'�'f' Managing Director- +: :r •'• -- Barbara J.Kossow - t1'••i Nw MC i•t\\ 4Tf'of•Mr+t► Deputy Managing Director (Offzrr of f4rffiaVor 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 m� 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. I PROPOSED ACTION i 1. Applicant's Request: The applicants are requesting a Change of Zone from Agricultural I 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. I 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. 3 BACKGROUND INFORMATION 4. County Council Resolution No. 58 97: On June 2, 1997, the County Council adopted I Resolution No. 58 97, amending the Council's policy relating to the rezoning of district 3 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 i 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 I 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. -2- 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. -3- 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. -4- 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. I I I i i -5- 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 i 3 `V 4� ANNE OF ZONE APPL,ICATI®N COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information' - 6 3 i APPLICANT: 731915 Kaloko LLC APPLICANT'S SIGNATURE t ! DATE:a I 4 ADDRESS: 1329 Kuuna St., Kailua, Hawaii, 96734 3 3 1 I LIST APPLICANT'S INTEREST IF NOT OWNER: 1 LIST PRINCIPAL(S)INCLUDING NAMES OF NLAIN OFFICERS: IJC.yt t< C-nth, tl , AL-66tt�il i i 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 I REQUEST: A-20a TO A-5a i TAX MAP KEY: (Existing zonin (3}7-3-025:002 g) (Proposed Zouing) j I 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 3 ADDRESS: 194 Wiwoole St., Hilo, HI 96720 � i TELEPHONE:(Bus.) 808-333-3393 (Res.) (Fax) Please indicate to whorl original correspondence and copies should be sent. Agent ORIGINAL: A 9 COPIES: Applicant 3 126289 i 'I {I i E I 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. I 731915 Kaloko LLC, a Hawaii limited liability company Y Jean K. Campbell Member April 29, 2019 I I s i i �a 4 a i 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~ 3 I I 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? '^a 3 3 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 i 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. 1 s 3 S i I 3 i 3 I I i j i I I 7-3-2s 3FC .lor g ytlz - Q " 1 31 2 � t/ 7 i r. 41.. PCV WORE/Afh'Y3 FPta12 icnt � C'YnG 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 A S I VII JV- r a ` 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. 2 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. a 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 4 E 's 1 i F 4 t I t f i 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 f 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. 3 i 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. 5 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). 6 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. 7 3 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. i I E. Historic/Cultural/Archaeological Resources 3 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. I 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. I 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 8 4 i t 1 4 E 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. 9 j i a 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 10 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. i 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. 11 i i I r f a I I 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 � i 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. 12 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. 14 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 16 i i i G i 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 I 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. 18 e 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. i • r I i I 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. i 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 i 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 i i 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 i i 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 I copy- 731915 Kaloko,LLC(w/copy of Rule 5 of the Rules and Regulations) i I i i i i 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. j 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 i i 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 j DAVID Y.€Gt x�s;z t$"�'� Cti:\1 ti t y�\ It;111.W 011 it 1).\1 Y♦\!t ' I .,i4i FE s Tz I'so Eich ; 7.iATE 'O 111 4.WAll y l)Fa'.4RTA iEN1 E7i+`LAN F1:1:NfJ.NAT llit_ALR ESt)IRf'I�es - [:.AND F)tt FaitO ti POST 0I T Ct t IOX 0--1 e t September 25, 2019 �a - s =r � ' I 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 i I Russell Y. Tsuji Land Administrator Enclosures cc: Central Files i Planning D Exhi it-- 2 7 t2 '7 9 7 3 i CFVIC~Y ,f.l:i7t I 1 tt ;tr ,:f I 1 .{i-:\ F.(fl i€iC f. .. 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.: r ,1t a 1 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 I I_iti! 0 r i.;.; y{fid yam , FlEI f11i.t' DAVID ICs y .. h.t,:.v=, Jx � 7 :titk !1��itiftillti 1t t t ew f fit, 'it;ilf lSl('1 CfilS Cli"Lf i't t`t[It i I S7llAfE OF LA,",`D f)Et'(.tiION 3 6i(T?tt}r_CIf.E i,ft.ht :ai€ ��@�+t4 i i September 26, 2019 i I t 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 I Enclosure cc: Central Files I I I I I j I 7 i i i I "t ! .n l L - 't f t.f t1 D- I 1�I1NA1LFt;1I. _RI.'.. )tI 'f-S LA,"DDIVISN I 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 E 9 - j - t s 3 I i s I =D - PH MrAELG WMl .t X74,?tE�:r .t..,. r':_, t . 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 �� rn 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. Q Scc LO iv r! PU, 0 __ E3 PLAW4�- DRAFT S E3 •----- GENERA' GENERA' EJ SLCREIk�. V FRI 0 ZH7 rAz a CIMki".-l-�m 0 OPIA,T'.__I`� AEMAA K O KERN PLANNING CONSULTAND C 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 � 3122# 3 ixw kll { 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 I j i I 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 HAWAII L !NAwAJ! co: 2 L JV ns j i "N.rin w z PR�OJ�ECT�\ItL\ Y eu .w � t r Scpr<� C n..•� ..�� i j� ♦ } ��� .., F\,' Sf fs11r j` � f w .�+ 1,+,+�,`J - ;r•- is . - �f .1 fc. r f ' t 2 •Z 1 6342ane 4Q X15;<.'TF. ?a<;:,.c p?%a::..�E 1a m".:.,E. -311—E, z431..s,,.E, r55' ^E 267.eF. -79-am q, E. 1z-r^E. ;03'c'-,E. otos•-.,,E. 7i _n Enclosure 1: 5,500 K-Series Map of Hawaii Showing Location of Project Area (National Geographic Topo!, 2003. Sources:National Geographic Society, USGS). «<uno��tC o � /' C7 Yy f C W Z c Q O y C O 'yn r e •"_! 'U ct � � O C r� ` o al Jr ; * z ct � U O V r r` U cC ct - ■ q r '-� r--, ZD LQ 43 CZ Z LZ N ,7 O I m W 1 0 x w � `J O El� U ra a O �. 11 JLL z l X CIS a) * y lcz z >« to O � � O N 3 N O 00 � N os C1. W O N J✓ � O O E � a ° M N a� L x O `im V LZ W ,. �.� �`' +$ til. •{� � 4•.1� � Y�f7f' �". y p V � ��� +' r A� + i`'��•.�. `w, ��".i�,� .1,� th.,""3��,,�T},..�, .f � +�Mir�. SS'F(� •. � 1� ` � � ""�.{ Z it i� � \ �i.. r �9 �a f • u.ry.., l i 4 tea. •; -t ti LATE FOREST #, RESER\F ONTIf UE s KEY Arrr -PARCEL 002SURVEY AREA r � -TMK BOUNDARY -ROCK CONCENTRATION y : 1� ■ i -OVERGROWN DIRT ROAD t --� i -HIKING TRAIL 1 -DIRT ROAD I N ■ Il IDO 200 300 Alk _J � ' i• I I Vo 1 R t kly 1 v 1 r ` " � r y 111 Enclosure 5: Portion of Historic 15-Minute USGS Topographic Map Showing the Project Area Location and Waterline (Kailua Quad) (USGS 1928). -- .4a ' J � R: 17 Ir xOr 00, 74 Tt ? / l". ,� � z' y .1MT �JJ ' ..r • ' } � ���:+' 7e�.`7 _fir • f t� j t fr •�c `fr • ie ,� �, y x£,. .�• ��+- �;,� �� ."�G "ter.. � • Xj 7 4 jo k fl• RCampbell-ClappREZ19-236jwd 1-10-19 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. 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