HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-015_AMEND REZ-05-027) Bf inchcliff tEZAmend.tic.3.92022
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
CLINTON HINCHCLIFF JR.
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 82 (PL-REZ-2022-
000015/REZ 05-27)
CLINTON HINCHCLIFF JR.has submitted an application for a five (5)-year time extension
to Condition D (Final Subdivision Approval), and amendment of Condition E (Restrictive
Covenants) and Condition F (Restrictive Covenants)to delete the requirement to provide a copy
of the recorded covenant prior to receipt of final subdivision approval, and deletion of Condition
J (Improvements to Kaloko Drive/Mamalahoa Highway Intersection) of Ordinance No. 06 82,
which reclassified 21.992 acres of land from Agricultural 20-acres (A-20a)to Family
Agricultural 3-acre (FA-3a) zoned district. The subject property is located along the south side
of Kaloko Drive at the northeastern corner of its intersection with Hao Street, Kaloko Mauka
Subdivision, Kaloko,North Kona, Hawaii, TMK: 7-3-024:008.
Applicant's Request
1. Applicant's Request: The applicant is requesting the following amendments to Change
of Zone Ordinance No. 06 82:
■ A five (5)-year time extension to Condition D (Final Subdivision Approval).
■ Amendment to Condition E(Restrictive Covenants)
■ Deletion of Condition J (Improvements to Kaloko Drive/Mamalahoa Highway
Intersection)
Please note that the applicant originally requested an amendment to Condition F to
remove the requirement to record approved covenants prior to Final Subdivision
Approval. Staff noted that after reviewing the existing condition, that the request is
already noted in the existing language. Based on the preceding, the applicant submitted a
request to withdraw the amendment request to Condition F via letter dated April 2, 2022
to the Planning Department. (Planning Department Exhibit 1 —dated April 2,2022)
The following are the specific amendment requests (material to be deleted is
bracketed/struck through, material to be added is underscored):
Amend Condition D:
"Final Subdivision Approval of the proposed agricultural subdivision shall be secured
from the Planning Director within five (S)years from the effective date of this amended
ordinance."
Amend Condition E:
"Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall speck and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also speck that, including the area
comprising the forest reserve easements described in Condition D, no less than
eighty percent(8001o) 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. b4 eop�, of the ^ ed e ovenant%' S 1140 �2 X-0,,.;t-,a
.J A copy
of the recorded document shall be fled with the PlanningDepartment upon its
receipt from the Bureau of Convevances. "
Delete Condition J:
The ; its ma-y iiieltide toe f„iie ;
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2. Applicant's Reasons for the Request: The previous landowner,Nimble Inc. sought and
was granted a change of zone in 2006 and began working on compliance with conditions
of approval towards the development of a seven (7) lot subdivision. In 2010, the current
landowner secured a partial interest in the property and shortly after the property was
involved in an extensive litigation with the former owners of the property. Despite the
efforts, the landowners were unable to obtain Final Subdivision Approval by June 2011
and did not seek an administrative time extension from the Planning Department. In 2011
the Planning Department deemed the subdivision application null and void.
The current landowner resolved the land title issues in 2015 and due to unforeseen
circumstances with business and a weak real estate market at the time, the landowner
elected to defer completing conditions of approval until 2020. In 2021 the current
landowner along with a new surveyor and engineer for the project submitted a
subdivision application for the subject property and made efforts to complete water
commitment requirements where they learned that the time to complete final subdivision
had lapsed. To recitfy this oversight the landowner is requesting a five (5) year time
extension to complete the subdivision. In addition, the landowner is requesting an
amendment to Condition E and deletion of Condition J to be more consistent with most
recent rezoning conditions in this area.
3. Landowner: Clinton Hinchcliff Jr.
4. Supportive Information: The applicant has submitted the attached in support of the
request. (Planning Department Exhibit 2 — Change of Zone Amendment Request
dated January 14,2022).
PERNHTTING HISTORY
5. June 16,2006—Effective Date of Ordinance No. 06 82, approved by County Council to
change the zoning of the subject property from from Agricultural 20-acre (A-20a)to
Family Agricultural 3-acre (FA-3a) zoned district. (Planning Department Exhibit 3 —
Change of Zone Ordinance 06 82).
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6. April 10,2007—The previous landowner submitted a subdivision application to comply
with Condition D (Final Subdivision Approval).
7. July 10,2007—The Planning Department issued tentative subdivision approval to
subdivide the subject property into seven (7)new lots (SUB-07-000561).
8. March 22,2011 —The Planning Department deemed the subdivision application (SUB-
07-000561)to be deemed null & void.
9. July 2,2021 —The landowner submitted a new subdivision application to comply with
Condition D (Final Subdivision Approval).
10. August 13,2021 —The Planning Department returned the subdivision application as the
timing of Condition D of Ordinance No. 06 82 had lapsed.
11. January 14,2022—Date of submittal of subject change of zone amendments.
STATE AND COUNTY PLANS
12. State Land Use Designation: Agricultural.
13. County Zoning: Family Agricultural 3-acre (FA-3a)
14. General Plan LUPAG Map: Important Agricultural Land.
15. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawaii
County Council by Ordinance No. 08-131 on September 25, 2008 affects the subject
property. The subject property is situated outside the"Kona Urban Area".
16. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The site is located
approximately seven (7)miles from the nearest shoreline and is not situated within the
SMA.
DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA
17. Subject Property: The subject, irregular shaped property is located on the northeast
corner of Kaloko Drive and Hao Street in the Kaloko Mauka Subdivision at
approximately the 2,200-foot elevation. The subject parcel is currently vacant of any
structures or other improvements.
18. Surrounding Zoning/Land Uses: Lands to the north/northeast are zoned FA-3a and
lands to the west, east and southeast are zoned A-3a. Surrounding properties in the
general area are low-density residential uses surrounded by pasture and forest land. There
are some small pasture and nursery areas within the subdivision. The forest lands of
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Maka`ula-`O`oma abut the subdivision to the north from the 2,100 to 3,500-foot
elevation. Bishop Estate lands of Ka`upulehu surround the subdivision to the north at the
3,500 to 5,400-foot elevation. These lands are currently used by Hualalai Ranch. The
Ka`upulehu Forest Reserve is located mauka (east) of the subdivision.
19. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject
property is "Other Important Agricultural Land" on the State Agricultural Lands of
Importance Map.
20. Land Study Bureau's Detailed Land Classification Systems: The Land Study Bureau
(LSB) designates the subject property as "D" or"Poor" and"E" or"Very Poor".
21. U.S. Soil Survey: The soils on the subject property are classified as rKXD, Kiloa
Extremely Soil Muck. This soil consists of well drained thin, extremely stony organic
soils over fragmental A`a lava and is uses primarily for woodland and pasture.
22. Flood Zone: The subject parcel is in an area designated as Zone "X" on the Flood
Insurance Rate Map (FIRM)by the Federal Emergency Management Agency. Zone X is
an area determined to be outside the 500-year flood plain.
23. Floral/Faunal Resources: There were no professional surveys conducted of the floral or
faunal resources of the subject property,however the applicant does not believe that any
rare or endangered flora or faunal resources are likely to be found within the subject
property. According to the applicant,the site is presently heavily forested with native
trees and shrubs such as ohia, tree fern, other native trees and shrubs, and nonnative
vegetation. Wildlife at the property consists of turkeys,hawks, Chinese pheasants, and
other forest birds. Vegetative cover is a mixture of native and non-native species.
According to the State Department of Land and Natural Resources—Division of Forestry
and Wildlife the Hoary Bat or `Ope`ape`a, the Blackburn's Sphinx Moth, the Hawaiian
Goose or Nene, and the Hawaiian Hawk or `Io could potentially occur in the vicinity of
the project area.
24. Historical/Archaeological Resources: The property is located within the boundaries of a
pre-contact age upland agricultural system known as the Kona Field System,which is
listed in the State Inventory of Historic Places. The property was the subject of a
reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the
developers of the Kaloko Mauka Subdivision. By letter dated March 4, 2022, the State
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Historic Preservation Division requested that an archaeological field inspection be
conducted within the current project area prior to land altering activities.
25. Cultural Resources: The property does not contain any features of cultural importance
and there is no history of traditional gathering associated with the property. The proposed
use would not affect the exercise of traditional or customary Native Hawaiian rights in
the area.
26. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the properties.
PUBLIC UTILITIES AND SERVICES
27. Access: Access to the subject property is from Kaloko Drive, a 22-foot-wide paved
roadway with grass shoulders within an 80-foot right-of-way. Kaloko Drive intersects
with the Mamalahoa Highway less than two miles below the property. The Department of
Public Works states that direct vehicular access to individual lots shall not be from
Kaloko Drive.
28. Water: County water is available to the property. According to Department of Water
Supply (DWS), an existing water commitment for 6 additional units of water for the
proposed development was granted until October 31, 2024. DWS also determined an
updated water commitment fee, facilities charges, water system improvements and
dedication requirements. (Planning Department Exhibit 4 -DWS Letter Dated
October 27,2021)
29. Wastewater System: As there is no municipal sewer system in the area, the applicant
proposes to use individual wastewater systems meeting the standards and requirement of
the State Department of Health.
30. Solid Waste: There is no municipal waste collection services in the County. Solid waste
will be disposed of at an authorized landfill by commercial haulers or individual
homeowners.
31. Essential Utilities and Services: All essential utilities and services are available to the
project site. The area is served by police and fire stations in Kailua-Kona and Kealakehe,
approximately five miles southwest of the site. Kealakehe Elementary, Intermediate and
High Schools are located approximately four miles north of the property. Medical
services are available at the Kona Hospital in Kealakekua.
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AGENCIES'AND ORGANIZATIONS' COMMENTS
32. Department of Water Supply(Planning Department Exhibit 5—February 25,2022
Letter)
33. Fire Department(Planning Department Exhibit 6—February 11,2022 Email)
34. State Department of Land and Natural Resources —State Historic Preservation
Division (Planning Department Exhibit 7—March 4,2022 Letter)
35. State Department of Land and Natural Resources—Division of Forestry and
Wildlife (Planning Department Exhibit 8—March 22,2022 Memo)
AGENCIES -NO COMMENTS OR OBJECTIONS
36. Department of Public Works Engineering Division; Police Department; State Department
of Health; State Department of Land and Natural Resources Engineering Division; State
Department of Land and Natural Resources Land Division
APPLICANT'S RESPONSE TO AGENCY
37. Letter dated March 16,2022 from Sidney Fuke (Planning Department Exhibit 9)
AGENCIES -NO RESPONSES
38. State Department of Transportation
PUBLIC COMMENTS
39. No public comments have been received as of the date of the writing of this report.
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SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning
Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
April 2, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Clarifying Amendment Request
Rezoning Application —Clinton Hinchcliff
7-1- REZ 2022-000015
This is to follow up on my discussion with Ms. Tracie-Lee Camero of your staff
regarding the subject matter. The application originally requested an amendment to
Condition F so as to deem having the Director's certification of the covenant to be recorded
as being sufficient rather than having to wait for the recorded copy from the Bureau of
Conveyances.
In reviewing the existing condition, your staff accurately noted that the request is
already noted in the existing language. As such, we would appreciate your withdrawing that
request from the list of amendments.
We apologize for any inconvenience this may have caused your office and express
our appreciation to your staff for bringing it to our attention.
Thank you very much.
�
hcerely,
UK
SIDNEY E
Planning Consultant
Copy—Clinton Hinchcliff via email
Planning Dep .
Exhibit--i—
�5rSidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision•Land Use Permits
Annmw� E-mail:sidfuke@hawaiiantel.net •Environmental Reports
January 14, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Time Extension Request—Clinton Hinchcliff,Jr.
Ordinance No. 06 82 (REZ 05-027)
Kaloko Mauka Subdivision, North Kona, Hawaii (TMK:7-3-024: 08)
Transmitted herewith is a request to amend the subject ordinance by granting a time
extension to secure final subdivision approval. The transmittal includes a report detailing and
justifying the request, letter of authorization,surrounding property owner list, and real property
tax clearance. The filing fee of$250 is being submitted electronically.
In summary, the rezoning of a 21+ acre area into Family Agriculture (FA-3a) became
effective on June 23, 2006. The request was to allow the subdivision of the subject site into
seven(7) lots 3+ acre lots. Condition D required receipt of final subdivision approval within five
(5)years of the effective date of the rezoning ordinance. While an administrative time extension
was possible, one was never sought, due in large measure to litigation among the former
landowners. As such, the applicant is requesting five (5) more years, beginning the effective
date of the current application, retroactive to June 23, 2011. Alternatively, should the
Department or Leeward Planning Commission elect to process this as a new application, the
applicant would have no objection. The report accompanying this application includes
information to cover both situations.
Should you have any questions on this matter, please feel free to contact me. Thank you
very much!
Sincerely,
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy —Mr. Clinton Hinchliff, Jr. w/ enclosures via email
Planning Dept.
Exhibit 2
TO WHOM IT MAY CONCERN:
Please be informed that as Applicant and/or landowner(s), I hereby consent and have no
objections to SIDNEY FUKE, PLANNING CONSULTANT processing my request for a time
extension of Rezoning Ordinance No. 05 82.
GLINT INCHCL F, JR.
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Signature (Date)
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REZONING (ORDINANCE NO. 06 82)TIME EXTENSION REQUEST
CLINTON HINCHCLIFF,JR.
KALOKO MAUKA,NORTH KONA, HAWAII,TMK: 7-3-024: 008
I. GENERAL BACKGROUND
On June lb, 2006, Ordinance No. 06 82 rezoned a 21.942 acre parcel from
Agriculture (A-40a) to Family-Agriculture (FA-3a) (Exhibit A) This enabled the
former owner (Nimble Land, Inc.)to proceed with its plans to subdivide the 21.992
acre parcel into seven (7) lots. The subject site fronts the south side of Kaloko
Drive at the northeastern corner of Kaloko Drive and Hao Street within the Kaloko
Mauka Subdivision. (Figure 1)
The Applicant,Mr. Clinton Hinchcliff,Jr., secured partial interest in the property in
2010. Shortly thereafter, the property was involved in an extensive litigation
among the former owners of the property, resulting in a questionable title. Until
that was resolved in late 2015,the Applicant could not do anything with the
property.
Between the AppIicant's focus on his business and the quiet real estate market then,
the Applicant did not do much in having the land subdivided. As things settled,
including a better real estate market,the Applicant sought to subdivide the property
and submitted its subdivision application a few months ago. Regrettably, in a letter,
dated August 13, 2021 (Exhibit B)the County Planning Department returned the
subdivision application, noting that the rezoning condition to complete the
subdivision had expired. Thus,this request is to seek the needed rezoning time
extension to enable the Applicant to complete the subdivision of the property.
11. NATURE OF REQUEST
The Applicant wishes to proceed with the development of this site in accordance
with the current zoning and conditions. However, as noted earlier, when the
Applicant finally secured complete control of the subject property,he was not ready
to proceed with the subdivision. Now when he is ready and able to proceed and
after hiring a new engineer, he learned that the rezoning condition to complete the
subdivision had expired. Accordingly,the Applicant is requesting a time
extension, retroactive to June 2416 and for an additional five (5)years from
the effective date of the rezoning amendment, with the possibility of an
administrative extension.
The Applicant is also requesting the deletion of Condition J relating to the
prohibition of a building permit and some technical amendments to Conditions E, F,
and G relating to the necessity of a recorded agreement prior to receipt of final
subdivision approval. The Applicant further understands that other amendments
may be proposed by the Director to make the conditions current.
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S'U.BJECT SITE
Overview
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It should also be noted that because the technical deadline of June 2016 has expired,
this report is structured as though this were an original rezoningquest. In so
doing, it enables the Director and Leeward Planning Commission to review and
process this request as though it were either a new rezoning application or a time
extension request.
M. REZONING CONDITIONS
As noted earlier, the subject property was initially rezoned into the FA-3a district
on June 16, 2006,subject to a number of conditions. (Exhibit A). Albeit belated,
this section will cover the status of the various conditions. The conditions are noted
in parenthesis with the response in italics.
A. "The applicants, its successors or assigns shall be responsible for complying
with all of the stated conditions of approval."
The new Applicant is now the landowner and intends to comply with the existing
and any new or amended conditions.
S. "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."
The Applicant will comply with this requirement.
C. "The applicant shall submit the required water commitment payment to the
Department of Water Supply."
In a letter, dated October 27, 2021, the Department of Water Supply
acknowledged receipt of the water commitment deposit for the six (6) additional
lots. (Exhibit Q
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 the 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 60-foot wide "forest reserve easement" along the existing roadway
frontages of the subject property,exclusive of the access point permitted by
the Department of Public Works.
2. a 30-foot-forest reserve easement" along all lot lines not covered by the 60-
foot easement; and
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3. a 60-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."
As noted earlier, the time required to complete the subdivision, even with an
administrative extension, expired on June 2016. This delay was due, in part, to
a litigation among the prior owners of the property, which then affected the
Applicant to have clear title to the property until nearly 2016
Notwithstanding this delay,please note that tentative subdivision approval was
timely secured on July 10, 2007(Exhibit D) Further, construction plans were
prepared, submitted, and approved on August 26,2008. (Exhibit E) Because of
the litigation among the then owners of the property, the project stopped,
resulting in the Planning Department nullifying the tentative approval on
March 22, 2011.
Please note that the plan submitted for tentative approval as reflected in the
approved construction plans on August 26, 2008, includes the easements and
setbacks. (Figure 2) The applicant intends to maintain and reflect these
easements and setbacks in its subdivision submittal. Further, while the
construction plans have been approved, they will have to be updated and
recertified by the various governmental agencies subsequent to the issuance of
tentative subdivision approval of the new application.
Should the time extension or new rezoning ordinance be approved, the
Applicant intends to immediately submit its subdivision application to the
County. As the construction plans need to be updated and recertified by the
various governmental agencies—and this time by a new engineer, due to the
passing of the former engineer—the Applicant hopes to begin making the
required improvements by the middle or end of next year and secure final
approval by early 2023.
F. "Restrictive covenant(s)in the deeds of all the proposed agricultural lots
fronting existing roads shall specific 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."
This condition has not been fulfilled. It will, however, be done immediately
upon securing tentative subdivision approval. The Applicant, however, requests
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that the requirement to have a recorded covenant prior to issuance of Final
Subdivision Approval be deleted. Since the draft of the easement needs to be
approved by the Director before its submittal for recordation, receipt of the
recordation version is redundant and can be time consuming.
F. "Restrictive covenants in the deeds of all of 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
(CPR) on each lot, including Lot 1. 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 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."
Again, this condition has not been fulfilled but will be addressed subsequent to
issuance off nal subdivision approval. Further,for the same reason noted
above, the Applicant requests deleting the recordation requirement prior to
receipt of final subdivision approval.
G. "A forest management plan for the proposed lots within the subject property
shall be prepared and submitted for review and approval by the Planning
Director in consultation with the State Department of Land and Natural
Resources. The forest management plan shall require the following:
1) Include at minimum,the best forest and reforestation practices program for
implementation and other applicable forestry management criteria, including
those of the State Department of Land and Natural Resources (i.e., Forest
Stewardship Program).
2) The forest management program shall include a restrictive covenant for the
proposed lots within the subject property which shall be recorded with the
State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the
covenants to be recorded shall be submitted to the Planning Director for
review and approval prior to the issuance of Final Subdivision Approval.
A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
3) 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."
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Again, this condition has not been fulfilled but will be done subsequent to
issuance off nal subdivision approval.
H. "All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study of the project site, if
required, shall be prepared for review and approval by the Department of Public
Works,prior to submittal of plans for subdivision review. Drainage
improvements, if required, shall be constructed in a manner meeting with the
approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval."
The originally approved construction plans did address this condition. This
condition will continue to be addressed and complied with in the updated
construction plans.
I. "Vehicular access to Kaloko Drive shall be limited to one common driveway
approach as approved by the Department of Public Works."
This requirement has and will continue to be adhered to. It will be reflected in
the final plat map and the construction plans.
J. `Building permit for a residence will not be issued until improvements to the
intersection at Mamalahoa Highway and Kaloko Drive are completed, provided
that if the improvements are not completed within 24 months of the date of
adoption of this ordinance, the applicant shall be allowed to proceed with the
building permit. The improvements may include the following: 1) illuminate
intersection at night; 2} installation of traffic signalization devices; 3)
channelize turning movements at the intersection; and 4) provide other safety
improvements, including appropriate line of sight distance requirements, as may
be required by the State Department of Transportation."
To date, the intersectional improvements have not been made. In the recently
approved rezoning of this area (REZ 16-000206, Ord. 16 99) (Exhibit F), it
was noted that there was more than S600,000 available for this work and thus
concluded that continued contributions of the fair share requirement would be
fair and adequate. Accordingly, the Applicant is requesting that this condition
be deleted.
K. "Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shelf concentrations or human burials,be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources
—Historic Preservation Division(DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigative measures have been taken."
The Applicant will comply with this requirement.
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L. "The applicant shall make its fair share contributions to mitigate the potential
regional impacts of the subject property with respect to roads...The fair share
contribution to address the potential road impacts shall be in the form of cash
and/or in-kind services approved by the County Council and shall be applied to
improving the Kaloko Drive-Mamalahoa Highway intersection. The fair share
contribution shall have a value of$9,991.20 per additional lot...Based upon
the...intent to subdivide and develop up to six(d) additional lots,the indicated
total fair share contribution is $59,947.20... The fair share contribution shall be
adjusted annually...Upon approval of the fair share contributions,the Director
shall submit a final report to the Council for its information that identifies the
specific approved fair share contributions...."
The Applicant will comply with this requirement.
M. "To ensure that the Goals and Policies of the Housing Element of the General
Pian are implemented,the applicant shall comply with the requirements of
Chapter 11,Article 1, Hawaii County Code relating to Affordable Housing
Policy. This requirement shall be approved by the Administrator of the Office
of Housing and Community Development prior to Final Subdivision Approval."
As the project will involve more than five lots and the zoning is FA-3a, Chapter
11 is applicable. As such, the Applicant will comply,
N. "Should the Council adopt a Unified Impact Fee Ordinance...conditions
included herein shall be credit towards the requirements of the Unified Impact
Fees Ordinance."
This is not applicable, inasmuch as such an ordinance has not been passed as of
this date.
4. "The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements."
This has and will continue to be complied with by the Applicant.
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....:
As noted earlier, an administrative time extension was never requested As
such, the Applicant is requesting an amendment to this Ordinance to allow for
this extension. That is the purpose ofthis application.
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IV. RESTATEMENT OF REQUEST
In the event this request is addressed as an amendment to Ordinance No. 06 82 as
opposed to a new rezoning application, the Applicant requests the following:
• Condition D: A 5-year time extension to secure final subdivision approval
from the date of the amended ordinance with the possibility of an
administrative time extension.
■ Conditions E and F: Deletion of the requirement to provide a copy of the
recorded covenant prior to receipt of final subdivision approval. That would
mean the deleting the last sentence and substituting it with the language
similar to Ordinance No 16 99, in which case it would read:
[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.] A copy Qf
the recorded document shall be filed with the Planning De artment upon its
receipt from the Bureau of Conveyances (Bracketed item to be deleted;
underscored, proposed new language)
Condition J: Deletion of Condition J relating to prohibiting any residential
building permit pending improvements to the Kaloko Drive/Mamalahoa
Highway intersection. This would make the request similar to Ord. No. 16 99.
(See Exhibit F)
Essentially, the amendments to Conditions E, F,and J are intended to make them
consistent with the most recent rezoning conditions in this area, REZ 16-000206,
Ord. 16 99(Exhibit F).The Applicant further understands that there may be a
need to update other conditions, such as Condition L relating to the fair share
value.
V. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The entire site is within the Agricultural district. The proposed lot size (3+
acres)and intended use (family agriculture) would be consistent with the rules
and regulations governing the State Land Use Agricultural District.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide(LUPAG)map
designates Important Agricultural. Important Agricultural land is attributed to
those lands with "better potential far sustained high agricultural yields because
of soil type, climate, topography, or other factors. "
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Based on the requested Family-Agriculture (FA-3a) designation,the project
would be consistent with the General Plan LUPAG map, and no amendment to
the map is needed.
C. Kona Community Development Plan
Relative to the Kona CDP, Section 15.1 of the County General Plan called for
the development and eventual County Council adoption of Community
Development Plans. The General Plan states that the CDP "will translate the
broad General Plan statements to specific actions as they apply to specific
geographical areas" The General Plan also notes that should the CDP require a
General Plan amendment, it could be considered concurrent with the adoption
of the CDP. However, "If there is a direct conflict between the Community
Development Plan and the General Plan, the General Plan shall be controlling."
Pursuant to the above,the Kona CDP was developed and adopted by the County
Council during the latter part of the year 2008. The CDP identified its vision to
be "A more sustainable Kona characterized by a deep respect for the culture and
the environment...." In terms of guiding urban and rural developments, one of
the adopted principles called for developments in rural areas(such as the subject
area) are directed to existing rural towns and villages.
The subject property is situated outside of the Kona Urban Area and outside of
the road concurrency map.
In addition to the concurrency and land use map provision, the CDP also
identified several principles related to the "vision"noted above. These
principles and their relationship to the proposed rezoning follow.
a. Protect Kona's natural resources and culture.
The subject site does not have any critical natural resources, having been
already developed as a farm with farm dwellings. The site is designated
"X"on the Federal Emergency Management Agency's Flood Insurance Rate
Map. This is areas outside of the 100-year storm. Appropriate on-site
mitigation to accommodate project-generated drainage—if needed -will be
addressed and implemented during the building permit and construction
phases of this project. There are also no known floral or avifaunal resources
that would be adversely affected by the project. Furthermore, the one
identified archaeological site will be preserved.
b. Provide connectivity and transportation choices.
The area of this proposed rezoning is not identified as any future connector
road or on the concurrency map of the Kona CDP.
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c. Provide housing choices.
With the subdivision of this site, the Applicant would provide the
opportunity for at least six(6) more homeowners to finance and build their
own home in an agricultural setting. In that regard, it would provide a
housing choice.
d. Provide recreation opportunities.
Again,this project is not a recreational one. Further, this site is not a critical
resource for recreational opportunities, as it is not a coastal property nor
identified in the CPD as an area necessary for future recreational purposes.
e. Direct future growth patterns toward compact villages,preserving Kona's
rural, diverse and historical character.
The location of this site is proximate to some A4a and FA-3a zoned
properties. The proposed FA-#a zoning would help foster this
rural/agricultural concept. As such,the proposed project would be
consistent with this principle.
f Provide infrastructure and essential,facilities consistent with growth.
The basic infrastructure, such as access and water, to support the additional
lot already exits. Lot owners would supplement this with the construction of
their own wastewater system.
g. Encourage a diverse and vibrant economy emphasizing agriculture and
sustainable economies.
The Land Study Bureau has classified the soil as"D"or poor. In spite of
that designation,the site has limited agricultural potential which could be
enhanced should the project be approved. The rezoning would enable the
land to be subdivided and thus make it more feasible for landowners to live
on the site and develop a farm—even if only marginal—if they so choose.
That would be way better than leaving the site in its current vacant, or
limited grazing,non-intensive agricultural state.
h. Promote effective governance.
This principle is not appticablc.
In discussing the regional land use framework for rural areas, the CDP states
that"Outside of Kona Urban Area, the character of the rural areas should
prevail..... (L)imited future growth should be directed to the existing rural
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towns and villages in a way that revitalizes and enhances the existing rural
lifestyle and culture of those communities.
The subject area is located close to the rural town of Kalaoa, approximately a
mile(1)miles to the north. The creation of a six (d) additional 3+ acre size lots
would help foster this goal.
D. County Zoning
The County zoning of the subject property is Family-Agriculture (FA-3a) and
formally Agriculture (A-20a). Properties in the general area are predominantly
zoned FA-3a. The areas closer to the Mamalahoa Highway for the most part are
zoned A-1 a.
If approved, the site would be subdivided in a manner meeting with both the
Zoning and Subdivision Codes. Furthermore, all uses and standards of the
Zoning Code,consistent with the R4-3a zone, would be adhered to.
D. Relationship to SMA Obiectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However, as the
entire island falls within the State Coastal Zone Management (CZM) Area,
some discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is nearly seven(7) miles to the nearest
shoreline. 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 to the area's historic
resources is remote. As the site was previously used for cattle grazing, it
would not appear that there are any archaeological features within the area of
the proposed improvements. Should there be any inadvertent finds during
construction of the subdivision,work will stop until clearances are received
from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in a rural-
residential 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 a single-family farm dwelling on each of the respective lots.
Further,the scenic sites (Hualalai Mountain or shoreline) in this area would not
be visually affected.
Relative to the Coastal Ecosystems,impacts should be negligible, if at all, as
the site is located nearly 7 miles from the nearest coastline. Notwithstanding
to
the distance, the nature of the project—residential/agricultural —and the
construction of only seven (7) private septic wastewater systems are such that
potential coastal ecosystem impacts would usually not be found.
The proposed action will result in creating the potential for small-scale family
agricultural farm lots in this area. This should provide much needed smaller
lots for families interested in backyard 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 FA-3a, 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 Coastal Zone
Management Advisory Group (MACZMAG) and the public hearing process
required pursuant to the Leeward Planning Commission's Rules and County
Council's meetings on this application. Notices of this application will be sent
by the applicant to surrounding property owners of the submittal of the
application, 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.
E. Other Permitting Requirements
As noted earlier, other permits would still be required. These would be of the
"ministerial" variety, such as Subdivision Approval,possible Underground
Injection Control (UIC) permit, and the like.
V1. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located on the northeast corner of Kaloko Drive and Hao
Street in the Kaloko Mauka Subdivision. It is nearly seven(7)miles from the
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shoreline at approximately the 2,200-foot elevation. The parcel is gently
sloping in a westerly/easterly direction.
The mean annual rainfall in this area ranges between 50 and 70 inches. The
wetter months tend to occur between June through September. The mean
annual temperature is about seventy-five (75) degrees Fahrenheit, with the
warmer months during the summer. Because the site is situated on the leeward
side of the island, winds tend to be light and variable. Slight easterly winds
occur during the day, while westerly or mountain winds are prevalent during the
evenings.
The site is vacant of any structures.
B. Soils and Tonography
The topography of the site slopes slightly at about an average grade of eight (S)
percent in a westerly to easterly direction.
The Land Study Bureau's Detailed Land Use Classification System identifies
the soils as"D"or"Poor"and"E"or"Very Poor" for agricultural productivity.
The USDA Soil Survey Report identifies the soils on the property as of the
Kiloa Extremely Stony Muck(rKXID), which consists of well drained,thin
extremely stony organic soils over fragmental Aa lava and used primarily for
woodland and pasture.
The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii
(ALISH)maps classify this site as being "Other Agricultural Land
C. Natural Hazards
1, Drainage
The Federal Emergency Management Agency's Flood Insurance Rate Map
(FIRM) designates the area of the proposed development to be in Zone X
(areas outside of 500-year flood).
As there will be added level of impervious surface resulting from the new
road serving the subdivision, drywells to contain surface or project
generated water may be needed. Aside from the potential drywell(s), no
additional drainage improvements are being contemplated.
2. Tsunami Hazard
As the site is located about seven(7)miles from the ocean, it is located
outside of the Civil Defense's Tsunami Evacuation Zone.
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3. Volcanic and Earth a uake Hazards
The United States Geological Survey (USGS) classifies this area to be
within Lava Flow Hazard Zone 4, on a scale of ascending risk, 9 to 1. T
The populated area of Kailua-Kona also falls in this category, while the City
of Hilo is classified Zone 3. There is very little that can be done to mitigate
this situation and reflects an ongoing threat to all residents and businesses in
these areas.
The entire island of Hawaii falls within Earthquake Zone 4, according to the
County Building Code. As such,the applicant understands and accepts that
there may be added structural requirements to address this seismic hazard
for any new improvements.
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 faunal resources are likely to be found within the subject site.
The site has already been used in the past for cattle grazing. As such, the site's
vegetation is characterized by some trees scattered through the site, such as
native ohia, kukui or candlenut, Christmas Berry (Schinus terebeinthifollius)and
silver or silky oak(Grevillea robusta). The understory vegetation is dominated
by elephant grass (Pennisetum purpureum) and other introduced grasses and
shrubs.
Although only the ohia tree is native,it—like the others identified above--is
not listed for inclusions on or considered endangered on either the National or
State registers. Thus, floral impacts should be minimal.
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
(Po) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding
areas would make it less likely to find endangered animal life in this area.
This site is not known to be a habitat for any rare or endangered animal life.
Given its elevation plus the stand of trees in the vicinity of the subject site,
however, it would be possible to find the Hawaiian Hawk Io) and the Hawaiian
Owl (Pueo).
E. Historic/Archaeoloizical Resources
While there has been no specific archaeological assessment done for the
subject site, the staff's report recommending approval of the rezoning noted
"An archaeological investigation of the Kaloko ahupua`a was conducted in
1970 and 1971 by Huehue Ranch, the developer of the Kaloka Mauka
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Subdivision. In addition, the National Park Service published a report in 1991
titled, `An Ahupuaa Study., The 1971 Archaeological Work at Kaloko Ahupuaa>
North Kona. "' The applicant then represented that "there is no record of
historic sites on the property in either the National or Stare Registers. "
Nonetheless,the Applicant will comply with Condition K which essentially
required that all work in the immediate area cease if unanticipated
archaeological remains are discovered. Work will resume only after proper
clearances from the State and/or County have been received. While a letter
requesting a determination of"no historic properties affected" from the
Department of Land and Natural Resources was submitted by the former
applicant in 2006,the Applicant could not confirm its receipt.
Relative to the site's potential cultural resources and also in view of the
Hawaii State Supreme Court's "PASH" and "Ka Pa'akai n Ka Aina decisions,
the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion of the cultural, historical,
and natural resources and associated tradition and customary practices of this
site.
In this situation,the subject site is not adjacent and/or proximate to the
shoreline. It is nearly seven(7)miles from the shoreline. As such, gathering of
marine life and coastal access is not an issue.
The Applicant neither recalls seeing any native Hawaiians using the subject or
immediate surrounding area in the recent past for the gathering of plants nor
learning of any information to that effect from area residents. In the unlikely
event that legitimate gathering claims are made by native Hawaiians, the
Applicant intends to respect and honor such claims and provide the 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.
F. Water and Coastal Resources
The subject site is located nearly seven(7) miles from the coastline. 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.
Wastewater from the project will be serviced with a private sewer system
meeting with the approval and requirements of the State Department of Health.
This will a septic system.
14
G. Noise, Air Quality, and bust
Kaloko Drive will serve as the main access to this project. The existing ambient
traffic level in this area is quite low. As such, the corresponding noise level
should be quite low. With the completion of this project and the resultant seven
(7) dwelling units, the noise level associated with traffic is not anticipated to
increase significantly.
There may,however, be short-term noise impacts associated with the
construction of any required infrastructure and the structures. In that event,
contractors will be required to comply with appropriate noise and related
mitigation measures of the State Department of Health.
The proposed development should not generate any direct airug ality impacts.
The only discernible air quality impact could be associated with the vehicular
traffic to and from the site. While there will be an impact to the ambient air
quality, the impact should not be significant, as the project will increase the
density by only seven (7) additional units. Further, with higher EPA standards
for automobile air emissions, the air quality impact should thus hopefully not be
significant.
As such,with the exception of potential construction dust in the beginning, long
term dust generated by the project should be minimal. Construction dust,
however, like construction noise will have to comply with the State Department
of Health's regulations.
H. 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.
However, there were a few examples cited in the Kona area. The most notable
is the backdrop of the Hualalai Mountain.
The proposed subdivision and eventual construction of farm dwellings should
not have any visual impacts on this mountain and other listed scenic resources
in the area. The site is located more on the lower, north end of Hualalai
Mountain, and the normal residential height should not detract from the
mountain. Further, inasmuch the site is not readily visible from the Mamalahoa
Highway, the views of Hualalai should not be impaired or compromised.
VII. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundin; Land Use
The land use in this area is generally rural/agricultural in nature. There are very
limited,if at all, agricultural activities in this area. For the most part,the
immediately surrounding lots are used for rural-residential purposes.
i5
There are 1-acre lots,zoned A-1 a, generally makai of the subject site, closer to
the Mamalahoa Highway. The immediate surrounding area is zoned FA-3a.
Given the existing and zoned conditions, the proposed development would not
be incongruous with the emerging rural-agricultural pattern of this area,
B. Economic Im acts
The requested zoning would have some measure of economic impact, as it
would make at least seven (7) fee simple lots with agricultural potential more
readily available to future lot owners who wish to live and farm on the land. As
such, the proposed subdivision should help enhance the potential to have more
agricultural activity on the site rather than the site's current non-agricultural
and/or historically limited cattle grazing use.
Aside from the potential agricultural activity, there will be some small short-
term construction activity associated with the construction of the farm dwellings
on the respective lots. This could help with the area's construction economy.
C. A2riculturallmpacts
As noted above, the requested zoning would have some measure of economic
impact, as it would create additional small farm lots that would be more suitable
for families rather than corporate activity. As such, the proposed subdivision
should help enhance the potential to have more agricultural activity on the site
rather than the site's current non-agricultural use.
The smaller agricultural lots make possible small scale, family-oriented farming.
Many of the coffee and floricultural farmers in the area operate on five (S) or less
acres of land. These lots could then help maintain the social fabric of a
community by creating a work/home opportunity.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
Primary access to the subject site would be from Kaloko Drive, a 22-foot wide
paved roadway within an 80-foot wide right-of-way,which is located
approximately two (2)miles makai. However, none of the proposed lots would
have direct access to Kaloko Drive (Figure 2).
As noted earlier, the existing condition prohibited the construction of any
dwellings within 24 months of the ordinance pending some improvements to the
Kaloko Drive/Mamalahoa Highway intersection. However,that deadline has
passed. Due to the provision of the fair share fee to address regional roadways,
the Applicant is requesting deletion of this condition, similar to Ordinance No.
16 99. (Exhibit F)
16
B. Water
The subject site has secured six (6)additional water commitments from the
County Department of Water Supply. (Exhibit C) Thus, County water is
available for the proposed subdivision.
C. Wastewater
There is no County wastewater system in this area. As noted earlier, a septic
tank system meeting with the approval of the Department of Health would be
allowed in this area. This will be done by the respective homeowner in
conjunction with the building permit process for a farm dwelling.
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 FA-3a zoning,the potential for uses with toxic or related chemical
waste would be minimal, if at all. Further, all agricultural waste will be retained
and utilized on the property.
E. Other Government Services
As this area is already part of the North Kona urban area, it is already being
serviced. No extension of government services would be required. The nearest
fire station is located at Makalei and Kailua, both of which is less than three (3)
miles from the subject site. The Police Station, Kealakehe School complex, and
Kona Civic Center are located at Kealakehe, approximately two (2) miles from
the subject site. County parks are available in Kailua, Keauhou, and Kealakehe.
As such,the project should not result in the extension of any of these
government services. Further, the required public facilities are located
reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone,cable, and electrical services are available
to the site.
VIII. JUSTIFICATION OF REQUESTS
Condition P of the rezoning ordinance (Ordinance No. 06 82)outlined three(3)
criteria whereby a time extension may be considered. These criteria and their
justification for both extension requests follow.
17
A. The non-performance is the result of conditions that could not have been
.foreseers or are beyond the control of the applicant, successors or assigns, and
that are not the result of their firult or negligence.
When the Applicant interest in the property in 2010, he was prepared to finalize
the subdivision. However, because of a litigation among members of the
persons whom he purchased the property from,there was a cloud over the title
of the property. That finally got resolved in 2015.
Regrettably, at that time, the Applicant was consumed with its own business and
the real estate market was less than robust. As such, he elected to defer until the
latter part of 2020 only to learn that he needed a new surveyor and with the
passing of the engineer, a new engineer. Finally,the new application with the
identical configuration was filed and later rejected in August 2021 due to the
time limitation of the rezoning condition.
Understandably,while well-intentioned--as evidenced by the efforts made in
being current on the water commitment fees and retaining a surveyor and
engineer- the project will not be able to be completed without this time
extension.
B. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
This section will also include detailed information normally required for a new
rezoning application.
When the site was rezoned in June 2006, it was reviewed against the General
Plan approved in February 2005, which is also the prevailing document. The
Iona Community Development Plan, however, was adopted in September
2008.
As there has been no substantive amendments to the General Plan affecting the
subject property, it can be concluded that the reasons used to attest to the FA-
3a's zoning consistency still prevail.
The General Plant Land Use Pattern Allocation Guide(LUPAG) Map stili
identifies this area Important Agricultural Land which is attributed to those
lands with "better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors. "
The Land Study Bureau's Detailed Land Use Classification System identifies
the soils as"D"or"Poor" and"E" or"Very Poor"for agricultural productivity.
Soils on the property are of the Kiloa Extremely Stony Muck (rKXl3), which
consists of well drained,thin extremely stony organic soils over fragmental A'a
lava and used primarily for woodland and pasture. It is also classified"Other
18
Important Lands"on the State Agricultural Lands of Importance to the State of
Hawaii (ALISH) map.
Retaining the existing FA-3a zoning would also 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, due to the requirement to preserve as much of the native
vegetation, limited family-oriented truck 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
natural elements. Green waste would be used on site.
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 be violative
of any of those objectives.
Aside from vehicular and farm equipment transmission, air pollution associated
with the project should be negligible. All wastewater systems would be
consistent with the requirement of the State Department of Health, which at this
time would be a septic system. This should be sufficient to address any
potential groundwater or coastal water impacts.
The Applicant will have lot owners practice waste conservation measures,
largely through the retention of green wastes for composting. The project will
also not be a noisy one, except as may be associated with a typical residence
and the agricultural operations. Any noise-generating facility - such as
generators - 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 the grown products
elsewhere.
The project area is outside of any officially designated floodway. It is
designated"X" on the Flood Insurance Rate Map (FIRM). Nonetheless, a
drainage system will be designed in a manner to protect the property as well as
to minimize the volume of surface runoff generated by this development. This
may be also accomplished through having an approved SCS agricultural
conservation plan.
19
While there has been no specific archaeological assessment done for the
subject site,the staff's report recommending approval of the rezoning noted
"An archaeological investigation of the Kaloko ahupua'a was conducted in
1970 and 1971 by Iluehue Ranch, the developer of the Kaloko Mauka
Subdivision. In addition, the National Park Service published a report in 1991
titled, `An Ahupuaa Study: The 1971 Archaeological York at Kaloko Ahupuaa,
North Dona. "' The applicant then represented that "there is no record of
historic sites on the property in either the National or State Registers. "
Nonetheless,the Applicant will comply with Condition K which essentially
required that all work in the immediate area cease if unanticipated
archaeological remains are discovered. Work will resume only after proper
clearances from the State and/or County have been received.
Relative to the site's potential cultural resources and also in view of the
Hawaii State Supreme Court's"PASH" and "Ka Pa'akai Q Ka'Aina decisions,
the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically,there must be a discussion of the cultural,historical,
and natural resources and associated tradition and customary practices of this
site.
In this situation,the subject site is not adjacent and/or proximate to the
shoreline. It is nearly 7 miles from the shoreline. As such, gathering of marine
life and coastal access is not an issue.
The Applicant neither recalls seeing any native Hawaiians using the subject or
immediate surrounding area in the recent past for the gathering of plants nor
learning of any information to that effect from area residents. In the unlikely
event that legitimate gathering claims are made by native Hawaiians, the
Applicant intends to respect and honor such claims and provide the 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.
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 faunal resources are likely to be found within the subject site.
The site has already been used extensively for cattle grazing in the recent past.
Au svwk, for the most part,the flora of the site is dominated by kikuya grass.
There are scatterings of ohia trees throughout the site.
Although only the ohia tree is native, it—like the others identified above —are
not listed for inclusions on or considered endangered on either the National or
State registers. Thus, floral impacts should be minimal.
20
This site is not known to be a habitat for any rare or endangered animal life.
Given its elevation plus the stand of trees north of the subject site, however, it
would be possible to find the Hawaiian Hawk Fo) and the Hawaiian Owl
(Pueo).
Being fully disturbed, the prospects of the site serving as a habitat for rare or
endangered plant or animal life appear remote.
As the FA-3a zoning would allow a farm dwelling,the project will indirectly
fulfill the objectives of the housing element by creating additional lots. Even if
only the potential for six(d)more lots would be realized, the project would still
provide lots while enhancing the site's agricultural potential.
The Plan also emphasizes that developments be mindful of an area's natural
beauty. In this situation,the project has been used in a manner where it blends
with the existing terrain. Furthermore, the project should create no adverse
visual impacts to Hualalai Mountain from the Mamalahoa Highway.
As the project site is about seven (7)miles from the ocean,the usual coastal
resources concern is absent or not pronounced. There will be no interference
with shoreline access. Then, too, through the use of a DOH-approved
wastewater system, impacts to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater will be private.
The applicant will construct the water and road systems. Schools and other
public facilities are also located proximate to the site, most of them being less
than three (3)miles away in the town of Kailua.
In terms of the Land Use and Agricultural elements,the pertinent goals,
policies, and standards of the General Plan note the following:
Goals
• 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 and extensive utilization of the
County's important agricultural lands.
• rresrrvc the agricultural charactcr of the island.
• Preserve and enhance opportunities for the expansion of Hawaii's
Agricultural Industry.
■ Assist in the development of agriculture.
21
• Encourage other compatible economic uses that complement existing
agricultural and pastoral activities.
• 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 may be used as one form of open space or green belt
In view of the foregoing goals,policies,and courses of action,the requested
zoning would not only be consistent with the General Plan LUPAG map
designations of Extensive Agricultural and Important Agricultural Land
designations of the LUPAG map, but its goals,policies, and objectives.
It would be compatible with the surrounding area. There are agriculturally
zoned properties adjacent and proximate to the subject site. The project
would still maintain the agricultural character of this general area, albeit in a
more intensive manner.
The soil of the site is classified "D" or poor. The project will result in the
further development of the site's agricultural resource and its eventual
productive agricultural uses. This project should thus result in the more
intensive agricultural use of the site.
The property has no severe topographic or geologic problems that would
render the land unusable for the proposed subdivision and activity.
C. Granting of the time extension would not be contrary to the original reasons
for the granting of-the-the change of zone.
The reasons for approving the rezoning of this site were articulated in the
Planning Commission's recommendation to the County Council (Exhibit G).
The reasons, in summary,and their relationship to the present, included:
22
• Consistency with the County General Plan LUPAG map and Goals and
Policies.
• Furtherance of the goal in making the property more conducive for small
scale agricultural uses, especially for family members.
• Consistency with the Kohala Regional Plan(which has since been
superseded by the Kona Community Development flan). The relationship
of the Kona CDP is discussed above.
• Fostering appropriate land use pattern in this area
• Not burdening public agencies to provide utilities and services to the
property
• Consistency with the Coastal Zone Management
It is thus maintained that the reasons used to support the existing FA-3a
zoning still apply to the requested time extension. The request is also
consistent with the concurrency provision outlined in Section 25-2.46.
Relative to traffic,the concurrency provision requires a Traffic Impact
Analysis Report(TIAR) if more than fifty (54)trips are generated by a project
during the peak hours. In this situation,the proposed subdivision will result in
only six (6) more lots.
County water for the project is still available, and the Applicant is current on
its water commitment deposit.
As such, approval of this request should not be incongruous with the
concurrency provision of the Zoning Code.
It is thus maintained that the reasons used to support the existing rezoning also
apply to the requested time extensions. As such, the Applicant respectfully requests your
favorable consideration of this time extension request and/or FA-3a zoning.
23
Irl �a G
COUNTY OF HAWAII '• STATE OF HAWAII
Of M�
BILL NO. 247_
Draft 4
i
ORDINANCE NO. 06 82
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION),BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a)AT KALOKO MAUKA
i
SUBDIVISION,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-24:8.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2,Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
i
The district classification of the following area situated at Kaloko Mauka
Subdivision,North Kona,Hawaii, shall be Family Agricultural(FA-3a):
Beginning at the Southerly corner of this parcel of land on the Northerly side of
Hao Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA"being 14,352.36 feet South and 3,884.04 feet
West, thence running by azimuths measured clockwise from True South:
1. 1350 10' 00" 606.50 feet along the Northerly side of Hao Street to
a point;
Thence along a curve to the right having
a radius of 50.00 feet, the chord azimuth
and distance being:
2. 1640 45' 00" 49.37 feet to a point;
3. 1940 20' 00" 1159.51 feet along the Easterly side of Kaloko Drive
to a point;
4. 3150 10' 00" 1243.73 feet along Lot 3C and Lot 3D (formerly Lot 3
-I-
Planning Dep .
Exhibit ._
Block 2, File Plan 994 to a point;
5. 450 10' 00" 1020.00 feet along Lot 1-E-1 and Lot 1-A-1 (formerly
Lot 1 of Block 2, File Plan 994) to the
point of beginning and containing an
area of 21.992 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition),the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety(90) days from the effective date of this change
of zone.
-2-
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
v '
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
E
I for subdivision review:
I
i
I
1. a 60-foot wide "forest reserve easement" along the existing roadway
� frontages of the subject property, exclusive of the access point permitted
i
by the Department of Public Works.
2. a 30-foot "forest reserve easement" along all lot lines not covered by the
60-foot easement; and
I 3. a 60-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.
i
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting j
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than
eighty percent(80%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance ,
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
I
-3-
F. Restrictive covenants in the deeds of all of 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 (CPR)
on each lot, including Lot 1. 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
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
-4-
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. 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. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study of the project site, if
required, shall be prepared for review and approval by the Department of Public
Works,prior to submittal of plans for subdivision review. Drainage
improvements, if required, shall be constructed in a manner meeting with the
approval of the Department of Public Works prior to the issuance of Final
Subdivision Approval.
I. Vehicular access to Kaloko Drive shall be limited to one common driveway
approach as approved by the Department of Public Works.
J. Building permit for a residence will not be issued until improvements to the
intersection at Mamalahoa Highway and Kaloko Drive are completed, provided
I
that if the improvements are not completed within 24 months of the date of
adoption of this ordinance,the applicant shall be allowed to proceed with the
building permit.
The improvements may include the following:
-5-
i �
I. Illuminate intersection at night;
2. Installation of traffic signalization devices;
3. Channelize turning movements at the intersection; and
4. Provide other safety improvements, including appropriate line of sight
distance requirements,as may be required by the State Department of
Transportation.
K. Should any remains of historic sites, such as rock walls,terraces, platforms,
marine shell concentrations or human burials,be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division(DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject property with respect to roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
number of lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to receipt of final
subdivision approval. The fair share contribution to address the potential road
impacts shall be in the form of cash and/or in-kind services approved by the
County Council and shall be applied to improving the Kaloko Drive/Mamalahoa
Highway intersection. The fair share contribution shall have a value of$9,991.20
per additional lot. Based upon the applicant's representation of intent to
subdivide and develop up to six (6) additional lots, the indicated total fair share
-6-
i
contribution is $59,947.20. The fair share contribution shall be allocated as
follows:
i
j $9,991.20 per additional lot for an indicated total of$59,947.20 to the j
State or County to support road and traffic improvements.
i
The fair share contribution shall be adjusted annually by the Hawaii County
Planning Department,beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
HCPI). Upon approval of the fair share contributions, the Director shall submit a
final report to the Council for its information that identifies the specific approved
fair share contributions, as allocated, and further implementation requirements.
M. To ensure that the Goals and Policies of the Housing Element of the General Plan I
are implemented, the applicant shall comply with the requirements of Chapterl 1,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee I
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:
I
-7-
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).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 17, 2006
Date of 1st Reading: May 17, 2006
Date of 2nd Reading: ,lune 5, 2006
Effective Date: June 16, 2006
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REFERENCE: Comm. 763.6
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eet
AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a)
TO FAMILY AGRICULTURAL (FA-3a)
AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
i
COUNTY OF HAWAII
MK:7-3-024:008 Date:December 7,200
EXHIBIT "A" (Dennis D.Smith:1182) P
i
`I•v.•rf:it .
.ti -
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII
;:,....-...-. ' = 345 KEKUANAO'ASTREET,SUITE 20 HILO, HAWAI'1 96720
TELEPHONE (808)961-8050 • FAX(808) 961-8657
October 27, 2021
COH PLANNING DEPT
OCT 28 2021 pm2:10
RECD HAND DELIVERED
Mr. Sidney Fuke
Planning Consultant
100 PaUallI Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Subject: Water Commitment Deposit for Change of Zone Application No.06-82 (REZ 05-027)
Applicant Clinton C. Hinchcliff,Jr. (formerly Nimble Land, Inc.)
Tax Map Key 7-3-024:008
This is to acknowledge receipt of the $900.00 water commitment deposit for the subject application.
Receipt No. 4830125 is enclosed for your records.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed
development in the amount of 2,400 gallons per day, or six(6)additional units of water at an average of
400 gallons per day, per unit, is hereby granted until October 31, 2024, with the following conditions.
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. water mains capable of delivering water at adequate pressure and volume Under peak-flow
and fire-flow conditions; minimum diameter of mains shall be six(6) inches from Kaloko Drive,
b. service laterals that will accommodate 5/8-inch sized meters to each lot,
c. fire hydrants spaced no more than 600 feet apart and within 300 feet of the driveway or access for
each lot. On dead-end streets, the last fire hydrant shall be located at one-Ralf the distance from the
last house,or unit, fronting the property line,or to the driveway or access for the property, and
d. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible for
the relocation and adjustment of the Department's affected water system facilities,should they be
necessary.
Submit construction plans prepared by a professional engineer, licensed in the State of Hawaii, for
review and approval.
2. Remit the prevailing facilities charge balance,which is subject to change,as shown below:
FACILITIES CHARGE(FC):
Two (2) existing service paid
Six J6) additional units ac $6,095.00/unit $36,570.00
Total FC 536,570.00
. . . 'Water, Our�I�Wost ftecious Wpource . . . Xa WWai A 7�ne . . . Planning ��pfi'
The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit 4
c
Mr. Sidney Fuke, Planning Director
Page 2
October 27, 2021
CREDITS:
Credit of 37% for drilling,casing,and outfitting a production well ($13,530.00)
Previously paid FC for six(6) units @ $1,800.001unit ($10,800.00)
WATER COMMITMENT DEPOSIT CREDIT(WCD):
Six(b)additional_unit(s)at$150.001unit _ ($900.00
Total Facilities Charge Balance $11,340.00
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities requirement
for the development. Note that the amount of water commitment deposit may exceed the prevailing
facilities charge amount; for example,when requests for time extensions continue and are approved.
Until the development is finally completed,these are separate and unrelated items. In the event that
water commitment deposits exceed the facilities charge, no refunds are applicable.
3. Submit the appropriate documents,properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and
bounds description within the conveyance documents. However, prior to water meter services being
granted to the development,or any lots within,the conveyance documents shall be accepted by the
Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and Regulatiolzs.
Noncompliance may be cause for voiding this water commitment,at which time availability will be
subject to change in accordance with prevailing water system conditions, policies,and Rules and
Regulations.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070, extension 255.
Sincerely yours,
T-Y:71% "'(_
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
Enc,
copy — Planning Department
Mr. Clinton C. Hinchcliff,Jr.
i -
;`!' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
f" 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808)961-8050 • FAX (808)961-8657
February 25, 2022
CON PLANNING DEPT
FEB 20 2022 FM2:10
REC'D HAND DELIVERED
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUB.IECT: Change of Zone Amendment Application No. PL-REZ-2022-000015
Amendment to Change of Zone Ordinance No. 06-82 (REZ 05-000027)
Applicant —Clifford Hinchcliff,.lr. (formerly Nimble Land, Inc.)
Request—Amendment for a 5-Year Time Extension of Condition D
(Time to Complete Construction), Amend Conditions E, F and Delete Condition .1
Tax Map Key 7-3-024:008
We have reviewed the subject application and have the following comments and conditions.
The requirements from our memorandum dated October 27, 2021, to Mr. Sidney Fuke and copied to
your department, regarding the proposed application, still stand.
Should there be any questions, please contact Mr. Troy Samara ofour Water Resources and
Planning Branch at(808) 961-8070, extension 255.
Sincerely yours,
�4"a+
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy - Mr. Sidney Fuke, Planing Consultant
Mr. Clifford Hinchcliff, Jr.
Nater, OurJfost (PreciousPlanning Dept.
source . . . 7�a ZVaiA pane. . .
The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit --
Mori, Ashley
From: Henderson, Royd
Sent: Friday, February 11, 2022 2:22 PM
To: Araujo, Jaclyn; Planning Internet Mail
Subject: RE: Request for Comments on App. No. PL-REZ-2022-000015 for Clinton Hinchcliff on
TMK: (3) 7-3-024:008
To whom it may concern,
The Fire Department will require the subdivision to design according to the following codes:
Fire Department Access and Water Supply shall comply with Chapter 18, Hawaii State Fire Code and Chapter 26, Hawaii county
Code. HFD.
Thank you for your time and consideration.
Royd
Royd Henderson
Fire Prevention Inspector II
Hawaii Fire Department Prevention Bureau
(808) 9377867
From:Araujo,Jaclyn
Sent:Thursday, February 10, 2022 10:33 AM
To: DPW Eng<dpweng@hawaiicounty.gov>; dwsengineeringreview@hawaiidws.org; HCPDONE
<HCPDONE@hawaiicounty.gov>; Fire Admin <fire@hawaiicounty.gov>; Kurashige, Palani
<Palani.Kurashige@hawaiicounty.gov>; Baybayan, Clinton <Clinton.Baybayan@ hawaiicounty.gov>;Vares, Kyle
<Kyle.Vares@hawaiicounty.gov>; Henderson, Royd <Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward
<Edward.Kawasaki@hawaiicounty.gov>; Surprenant, April <April.Surprenant@hawaiicounty.gov>; Morrison, Bethany
<Bethany.Morrison@hawaiicounty.gov>; Honda, Eric <Eric.Honda @doh.hawaii.gov>; michael.une@doh.hawaii.gov;
dot.hwy-h_esign@hawaii.gov; dlnr@hawaii.gov; dlnr.land@hawaii.gov; PIFWO_Admin, FW1<pifwo_admin@fws.gov>
Cc: Camero,Tracie-Lee <Tracie-Lee.Camero@hawaiicounty.gov>; Dacayanan, Melissa
<Mel issa.Dacayanan@ hawai icounty.gov>
Subject: Request for Comments on App. No. PL-REZ-2022-000015 for Clinton Hinchcliff on TMK: (3) 7-3-024:008
Importance:High
Aloha Kakou,
Please see attached Memo requestinp, vour review €t comments on the subject application.
Link to review the application in the County's web-based EPIC system can be found below:
1 Planning Dep .
Exhibit- 6
• _U%ntgn..._Hinchc_U_ff_'s h n.R.e_of..._ q e..._ !kation
• Exhibit 1 of 2
...........................................................................
• Exhibit 2 of 2
...........................................................................
We kindly ask that you submit your comments to .p.! n. ....... h w ii n y.I. p no later than
March 10, 2022.
Should you have any questions, please feel free to reach out to Tracie-Lee Camero at (808) 961-
8166.
Have a wonderful day Et take care!
Mahalo nui loa,
_7ac1)w Araujo
Planning Commission Support Technician
County of Hawaii - Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Phone: (808) 961-8288
COUNTY OF HAWAII
Electronic
Processing
Information Center (EPIC)i
-f'he County of II Nawai`li offlicliolllly Ilaunched Its new Electronic Processing & Information
Center ( ) permit system or �uly " r1. cFc. .............y................o..........n.11
y..i...p-
c..l : ii6ecr� !......... ._ a .. ..!.
„po to // . :........l... . .
inIin,
r_ v "6.tylerhost.net/Apps/SelfService#/home.
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s)and may contain confidential and/or privileged information. Any review, use,disclosure,or
distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message.
2
Mori, Ashley
From: Kawasaki, Edward
Sent: Monday, February 14, 2022 8:59 AM
To: Planning Internet Mail
Cc: Baybayan, Clinton
Subject: PL-REZ-2022-000015, TMK (3) 7-3-024:008, Clinton Hinchcliff
The Fire Department has no comments regarding this application.
Mahalo,
Ed Kawasaki
Fire Inspector II
West Hawaii Fire Prevention Bureau
(808)323-4763
i
Mori, Ashley
From: Lebo, Susan A <susan.a.lebo@hawaii.gov>
Sent: Tuesday, March 8, 2022 10:09 AM
To: Planning Internet Mail; Naleimaile, Sean P
Cc: Camero, Tracie-Lee; Sidney M. Fuke (sidfuke@hawaiiantel.net)
Subject: Application No. PL-REZ-2022- 000015, etc.
Attachments: 3-7-3-024_2021 PR00192_2203SN03_ARCHY_6E42_PRMT_COMMENTS.pdf
Hello,
Attached is a pdf copy of our division's review of the following:
Chapter 6E-42 Historic Preservation Review
Change of Zone Amendment Application No. PL-REZ-2022- 000015
Amendment to Change of Zone Ordinance No. 06 82 (REZ 05- 000027)
Applicant: Clinton Hinchcliff
Kaloko Ahupua'a, North Kona District, Island of Hawaii TMK: (3) 7- 3-024: 008
Sincerely,
Susan
Susan A. Lebo, PhD
SHPD Archaeology Branch Chief
(808) 321-9000 cell
1 Planning Dept.
Exhibit 7
SUZANNE D.CASE
DAVID Y.IGL'' BOARD OF LAND AND NATOURAL RESOURCES
GOVERNOR OF HAWAII :Ap 1959 =09''x.. COMMISSION ON WATER RESOURCE MANAGEMENT
%.r
S r % ROBERT K.MASUDA
FIRSTDEFUTY
end and y�
05 tV F: Ni KALEO MAN'EL
DEPUTY DIRECTOR-WATER
n l � AQUATIC RESOLRCES
" BOATING AND OCEAN RECREATION
N
BUREAU OF CON�TYANCES
"* COMMISSION ON WATER RESOLRCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
STATE OF HAWAII CONSERVATION AND RESOLRCES ENTORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
late cfHow
" DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORICPRESERVATION
KAHOOLAWE ISLAND RESER4T COMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARKS
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
March 4,2022
IN REPLY REFER TO:
Zendo Kern,Director Project No.2022PR00192
County of Hawaii,Planning Department Doc.No.2203SN03
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planning(a hawaiicounty.gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review
Change of Zone Amendment Application No.PL-REZ-2022-000015
Amendment to Change of Zone Ordinance No.06 82 (REZ 05-000027)
Applicant: Clinton Hinchcliff
Kaloko Ahupua`a,North Kona District,Island of Hawaii
TNIK: (3)7-3-024: 008
This letter provides the State Historic Preservation Division's(SHPD's)review of the request for an amendment to a
County of HawaiiChange of Zone Ordinance No. 06 82 (REZ 05-000027)by the applicant Clinton Hinchcliff for a
5- year Time Extension of Condition D (Time to Complete Construction), Amend Conditions E, F and Delete
Condition J. The project application(PL-REZ-2022-000015)was received by our office on February 14, 2022. The
submittal included a memo to agencies,County of Hawaii Rezoning Time Extension Request,and a site plan.
Project Description
The applicant, Clinton Hinchcliff(landowner), is requesting a time extension, retroactive to June 2016 and for an
additional five (5)years from the effective date of the rezoning amendment.with the possibility of an administrative
extension. The Applicant is also requesting the deletion of Condition J relating to the prohibition of a building
permit and some technical amendments to Conditions E, F, and G relating to the necessity of a recorded agreement
prior to receipt of final subdivision approval.
Findings
The submittal indicates that the project area has not been subject to any archaeological inventory surveys (AIS).
Additionally, the submittal indicates that a survey (?1971) was conducted for the adjacent Kaloko Mauka
Subdivision and that no historic properties were identified. The application indicates that based on the findings of
this report, COH staff recommended the approval of the rezoning (Item E) based on the absence of findings for the
adjacent parcel in the 1971 report. However, due to the age of the report,the report does not meet current standards
for archaeological survey work and is outside the current project area. Item K of the current application states that
the applicant will comply with the ceasing of work if unanticipated archaeological remains are discovered.
Additionally,the application indicates that a request for a determination was submitted in 2006 but correspondence
was not found. Based on current information, this does not provide sufficient mitigation based on the absence of
archaeological findings within the current project area.
Determination
Based on the information provided above,the SHPD has no objections to the requested time extension.
However, SHPD has insufficient information to determine the potential of the any future development within the
current project area to impact historic properties on parcel 008. Therefore, SHPD requests an opportunity to review
any future permits involving ground disturbing activities related to proposed development of the subject parcel and
Mr.Kern
March 4,2022
Page 2
prior to final subdivision approvals. SHPD may request that an archaeological field inspection be conducted within
the current project area by a qualified archaeologist to determine if undocumented historic properties exist in the
project area prior to any future ground disturbance. If unrecorded historic properties are present, SHPD will request
that an archaeological inventory survey(AIS)be completed,and report be submitted for review and acceptance prior
to initiation of land altering activities.
Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaile( hawaii.gov for any questions or concerns
regarding this letter.
Aloha,
Alan Downer
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Tracie-Lee Camero,tracie-lee.camerokhawaiicount.gov
Sidney Fuke,sidfukekhawaiiantel.net
Mori, Ashley
From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov>
Sent: Thursday, March 24, 2022 8:50 AM
To: Planning Internet Mail
Cc: Terrago, Rubyrosa T
Subject: Fw: Request for Comments - Clinton Hinchcliff- PL-REZ-2022-000015 & REZ
05-000027
Attachments: Hinchcliff.Add'I.signed.pdf, Hinchcliff.DOFAW Late Comments.pdf
Hi Tracie-Lee,
Attached are late comments from DLNR's Division of Forestry & Wildlife to the above-entitled subject project.
Please direct any concerns regarding the timeliness of the attached comments directly to staff at DOFAW
copied herein.
Thanks,
Darlene
From: Nakamura, Darlene K
Sent:Wednesday, March 9, 2022 8:57 AM
To: planning@ hawaiicounty.gov<planning@hawaiicounty.gov>
Subject: Request for Comments -Clinton Hinchcliff-PL-REZ-2022-000015& REZ 05-000027
Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled
subject project.
1 Planning Dept.
Exhibit 8!�
SLY ANNE D.CAS£
DAVID Y.IGE .cQ.•',59sa q CIIAIRPERSON
GOVERNOR OF HAWAII BOARD OF1.A",I)A\D ti:C'l'i'H:�[.HF:tiO["R["I"ti
yJ C'O\]AIILSION ON WA I'I:R HESOl'RUT
i•JF,
'M
:NAGE\1}.1..1.
c o,Land and OF
'
d '
Q
STATE OF HAWAII
Srdzeof Ha'N `
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OF"F"ICE BOX 621
HONOIJ1.-ll_HAWAII 96809
Mar 24,2022
County of Hawaii via email: planningohawaiicounty.gov
Planning Department
Attn: Ms. Tracie-Lee Camero
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Ms. Camero:
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000015} -
Amendment to Change of Zone Ordinance No. 06 82 (REZ 05-000027) -
Request for Amendment for a 5-year Time Extension of Condition D
(Time to Complete Construction), Amend Conditions E, F, and Delete
Condition J located at Kaloko Mauka Subdivision, North Kona, Island of
Hawaii; TMK: (3) 7-3-024:008 on behalf of Clinton Hinchcliff
Thank you for the opportunity to review and comment on the subject matter. In addition
to our previous comments dated March 9, 2022, enclosed are comments from the Division of
Forestry S Wildlife on the subject matter. Should you have any questions, please feel free to
contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamurao-hawaii.gov.
Thank you.
Sincerely,
Russell Tsuji
Russell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
VS. O F 01 SV 7AN—W FL CAST.
DAVID Y.IGE
GOVERNOR OF HAWAII ROARD OF LAT%1),k11)NAIURAL kFSOURCFS
_Fk RFS0URCF
COMM ISS FOT N ON X1 Al
MA'1'AGF%1F'%1
VWI—d Ab,
STATE OF HAWAII
Srd[eof Hazy DEPARTMENT OF L..7ND AND NATURAL RESOURCES
I-AN 1)DIVISION
POS 1'0F FI C F ROX 621
HONOLULU,HAWAII 96909
Feb 16,2022
MEMORANDUM
TO: DLNR Agencies:
Div. of Aquatic Resources
Div. of Boating & Ocean Recreation
X Engineering Division (QLNR.ENGR(a)hawaii.c1ov)
X Div. of Forestry& Wildlife (rubyrosa.t.terragoCcDhawaii.gov)
Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM(c-Dhawaii.gov)
Office of Conservation & Coastal Lands
X Land Division— Hawaii District Wordon.c.heitehawaiimov)
FROM: Russell Y. Tsuji, Land Administrator '47asso//T50i
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000015)
Amendment to Change of Zone Ordinance No. 06 82 (REZ 05-000027)
Request for Amendment for a 5-year Time Extension of Condition D (Time
to Complete Construction), Amend Conditions E, F, and Delete Condition J
LOCATION: Kaloko Mauka Subdivision, North Kona, Island of Hawaii; TMK: (3)7-3-
024:008
APPLICANT: County of Hawaii on behalf of Clinton Hinchcliff
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by March 8, 2022.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at dariene.k.nakamura(-o)hawaii.gov. Thank you.
BRIEF COMMENTS: We have no objections.
We have no comments.
We have no additional comments.
Comments are included/attached.
Signed: 00A
Print Name: DAVID G.SMITH, Administrator
Division: Division of Forestry and Wildlife
Date: M a r 22,2022
Attachments
cc' Central Files
SUZANNE D.CASE
DAV W Y.ICE T g tl»�Rq soAkn OF Aim a�r�uavzsuacEs
xo
GOVERNOR OF HAWAII Al, 5 9 s a 7 COMMLSWON ON WAiSR MSOURCE MANAGPMENT
_ ROBERT K.NIA8DDA
7
�'. a-LRsrnEnm
��� �� .•a .':S� hL KALEO MANUEL
D8Pt1T'Y Dll1EC701L_WATWAT
ER
8 TION
B�a CF CONVEYANCES N �
,1
STATE OF HAWAII COMMISSION ON WATER MQVPa MANAOEMM47
HRwA11OON9HRVAMNANn COA51AL LANDS
DEPAR-l'MI:N-l'OF LAND AND NATURAL RESOURCES `ONSERVA7I� �RW ENEORCEM@T
WUZL
DIVISION OF FORESTRY AND WILDLIFE MUMAICFM�e oWEx
l 15)PUNCHBOWL STREET.ROOM 325 ^ :suNn T�sYnrB CORMS,=N
LAND
HONOLI'Ll',HAWAII 96813 WATT PARKS
March 22, 2022
MEMORANDUM Log no. 3546
TO: RUSSELL Y. TSUJI,Land Administrator
Land Division
FROM: DAVID G. SMITH, Administrator
Division of Forestry and Wildlife
SUBJECT: Division of Forestry and Wildlife Comments on the Change of Zone
Application Amendment to Change of Zone Ordinance No. 06 82 for a Parcel
in North Kona, Hawaii
The Department of Land and Natural Resources, Division of Forestry and Wildlife(DOFAW) has
received your request for comments on a Change of Zone Application amendment(PL-REZ-2022-
000015)for Change of Zone Ordinance No. 06 82 (REZ 05-00027)for a parcel located at Kaloko
Mauka Subdivision in North Kona on the island of Hawaii, TMK: (3) 7-3-024:008. This
application requests a 5-year extension of Condition D(Time to Completion of Construction)and
amendments to conditions E (Easement, Setbacks, & Percent of Retained Forest for Agricultural
Lots) and F (Prohibition of Construction of a Second Dwelling and Condominium Property
Regimes), and to delete condition J (Intersectional Improvements). The proposed project consists
of the subdivision of a 21-acre parcel into seven 3-acre lots; a single-family farm dwelling would
be developed on each of the respective lots. The applicant is requesting a time extension of five
more years to secure final subdivision approval.
The State listed Hawaiian Hoary Bat or •Ope'ape,a(Lasrurus cinereus semotus) could potentially
occur in the vicinity of the project and may roost in nearby trees. Any required site clearing should
be timed to avoid disturbance to bats during their birthing and pup rearing season (June I through
September 15). During this period woody plants greater than 15 feet(4.6 meters)tall should not
be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction
because bats can become ensnared and killed by such fencing during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
disorientation. This disorientation can result in a collision with manmade structures or the
grounding of birds. For nighttime work that might be required, DOFAW recommends that all
lights used to be fully shielded to minimize the attraction of seabirds.Nighttime work that requires
outdoor lighting should be avoided during the seabird fledging season from September 15 through
December 15. This is the period when young seabirds take their maiden voyage to the open sea.
Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or
eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance
related to seabird-friendly light styles that also protect seabirds and the dark starry skies ofHawai`i
please visit https://dlnr.hawaii.gov/wildlife/files/2016/03fDOC439.pdf.
The State listed Hawaiian Goose or Nene (13rcantaa vandvieenvis) could potentially occur in the
vicinity of the proposed project site. It is against State law to harm or harass these species. If any
are present during construction activities, then all activities within 100 feet (30 meters) should
cease, and the bird should not be approached. Work may continue after the bird leaves the area of
its own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch
DOFAW Office at(808) 974-4221.
The State listed Hawaiian Hawk or `Io (Buteo salitarhi.v) may occur in the project vicinity.
DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees
are to be cut. `Io nests may be present during the breeding season from March to September.
The project area falls within or is encompassed the historic range of the State listed Blackburn's
Sphinx Moth (BSM; Manduca blackburtzi). Larvae of BSM feed on many nonnative hostplants
that include tree tobacco (Nicotiana glauca) which grows in disturbed soil. We recommend
contacting our Hawaii Island Branch DOFAW office at (808) 474-4221 for further information
about where BSM may be present and whether a vegetation survey should be conducted to
determine the presence of plants preferred by BSM. DOFAW recommends removing plants less
than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend
to either remove tree tobacco over one meter in height or to disturb the ground around or within
several meters of these plants, they must be thoroughly inspected by a qualified biologist for the
presence of BSM eggs and larvae.
DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil
and plant material may contain invasive fungal pathogens (e.g., Rapid 'Ohi`a Death), vertebrate
and invertebrate pests (e.g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive plant parts
that could harm our native species and ecosystems. We recommend consulting the Big Island
Invasive Species Committee (BHSC) at (808) 933-3340 in planning, design, and construction of
the project to learn of any high-risk invasive species in the area and ways to mitigate spread. All
equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the
risk of spreading invasive species. Gear that may contain soil, such as work boots and vehicles,
should be thoroughly cleaned with water and sprayed with 70% alcohol solution to prevent the
spread of Rapid `Ohi`a Death and other harmful fungal pathogens.
To prevent the spread of Rapid `Ohi`a Death (ROD), if 'ohia trees are present and will be
removed, trimmed, or potentially injured DOFAW requests that the information and guidance at
the following website be reviewed and followed: https:Ilcros.ctahr.hawaii.edulrod.
DOFAW recommends using native plant species for landscaping that are appropriate for the area
(i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.).
Please do not plant invasive species. DOFAW recommends consulting the Hawaii-Pacific Weed
Risk Assessment website to determine the potential invasiveness of plants proposed for use in the
project(https:Hsites.google.comlsitelweedriskassessmentlhome}. We recommend that you refer to
www.plantpono.org for guidance on selection and evaluation for landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species.
Should the scope of the project change significantly, or should it become apparent that threatened
or endangered species may be impacted, please contact our staff as soon as possible. If you have
any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning
Coordinator at(808)295-1123 or naul.m.radley��7a,hawaii.gov.
Sincerely,
100A
DAVID G. SMITH
Administrator
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawai'i 96720 Planning•variance•Zoning
Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net Environmental Reports
March 16, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Response to Agency Comments
Rezoning Application—Clinton Hinchcliff
TMK: 7-3-024: 028 (REZ 2022-000015)
Thank you for providing me with a copy of agency comments to date regarding the
subject matter. In response to these comments, we would like to note the following:
a. County Fire Department noted that the access and water requirements of the Fire
Code must be complied with. This will be thoroughly addressed and complied with
in conjunction with the construction plan review and implementation requirement of
the Subdivision Code.
b. County Police Department offered no comments or objections to the request.
c. County Department of Public Works —Engineering Division specifically noted that it
had no objections to the request.
d. County Water Department noted that its comments contained in a letter of October
27, 2021 to this office still apply. Specifically, it noted that water commitments for
the six (6) additional lots are still valid, and that the necessary facilities charge and
improvements must be constructed prior to receipt of final subdivision approval.
The applicant will comply with these requirements in conjunction with the
subdivision review/approval process.
e. State Historic Preservation Division-noted that while it had no objections to the
request, it reserves the right to further review any land disturbance permit application
and/or final subdivision approval. Pursuant to SHPD's recommendation, the
applicant is in the process of retaining an archaeologist to do an archaeological field
inspection; and if needed, an Archaeological Inventory Survey.
Planning Dept.
Exhibit __. 9
Mr. Zendo Kern, Director
March 16, 2022
Page 2
We trust that this addresses the various agency comments. If not or if there are
further questions relating to this matter, please feel free to direct them to me. Thank you
very much.
76�1�
SIDNEY M. FUME
Planning Consultant
Copy —Clinton Hinchcliff via email