HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-032) B SunshineHo ldingsREZAmend.8.23.2022
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
SUNSHINE HOLDINGS, LLC
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 98 91
(PL-REZ-2022-000032)
SUNSHINE HOLDINGS, LLC has submitted an application for a five (5)-year time extension
to Condition D (Final Subdivision Approval), Amend Condition E (Restrictive Covenants) and
Condition F (Restrictive Covenants) to prohibit condominium property regimes (CPR) and to
delete the requirement to provide a copy of the recorded covenant prior to receipt of final
subdivision approval, deletion of Condition G(Requirement of Conservation Plans to be Filed
with the Kona Soil and Water Conservation District), amendment to Condition I(Drainage
Study), addition of a condition requiring compliance with Chapter 10 of the Hawaii County
Code (Erosion and Sedimentation Control), Deletion of Condition J (Archaeological Survey),
and amendment to Condition M (Fair Share Requirements) of Ordinance No. 98 91,which
reclassified 21.353 acres of land from an Agricultural 20-acres (A-20a) to an Agricultural 5-acre
(A-5a) zoned district. The subject property is located at 73-1735 Kaloko Drive, approximately
720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision,
Kaloko,North Kona, Hawaii, TMK: (3) 7-3-025:012.
Applicant's Request
1. Applicant's Request: The applicant is requesting the following amendments to Change
of Zone Ordinance No. 98 91:
■ A five (5)-year time extension to Condition D (Final Subdivision Approval),with
the possibility of an administrative time extension.
■ An amendment to Condition E (Restrictive Covenants) to delete the requirement
to provide a copy of the recorded covenant prior to receipt of final subdivision
approval. and Condition F (Restrictive Covenants)to prohibit the allowance of
condominium property regimes (CPR) and to delete the requirement to provide a
copy of the recorded covenant prior to receipt of final subdivision approval.
■ The deletion of Condition G,which required restrictive covenants in the deeds of
all proposed lots to require individual owners to file a conservation plan with the
Kona Soil and Water Conservation District.
-1-
■ An amendment to Condition I (Drainage Study)to add the standard requirement
that all development-generated runoff be disposed of on site and not be directed
toward any adjacent property
■ The addition of new standard condition requiring compliance with Chapter 10 of
the Hawaii County Code (Erosion and Sedimentation Control)
■ The deletion of Condition J (Archaeological Survey) due to the State Historic
Preservation Division's (SHPD) prior determination that"no historic properties
would be affected"by the proposed four(4)-lot subdivision.
■ An Amendment to Condition M (Fair Share Requirements), to clarify that the fair
share requirement shall only apply to any additional lots created and to update the
required fair share amounts to current rates.
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[thej this
amended ordinance. The[qppheam��]Applicant shall reserve the following easements
and special setbacks in perpetuity for purposes ofprotecting and maintaining naturally
forested areas and delineate such easements and setbacks on plans submitted for
subdivision review:
1. a 60 foot wide 'forest reserve easement"along the existing public street
frontage of the subject property, exclusive of sight easements required by the
Department of Public Works and access points permitted by the Department
of Public Works;
2. a 30 foot wide `forest reserve easement"along all lot lines not covered by the
60 foot wide easement; and
3. a 60 foot wide structural setback in lieu of the required 30 foot setback along
the property's public street frontage to provide an additional buffer.
Amend Condition E:
Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
-2-
Kaloko Drive shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than sixty-
seven percent (67%) 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. [
an instrument exeeuted by the appheant and the County and reeor-ded with th
J A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
Amend Condition F:
Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property shall prohibit the construction of a second dwelling unit and
condominium properV regimes (CPR) on each lot. A dra t[ J of the proposed
covenant(s) to be recorded with the State of Hawai`i Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance of
Final Subdivision Approval. [
J A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
Delete Condition G:
[Restfiefive eevenant(s) in the deeds ef all the pfepesed agfiettltufal lets Within the
s*eet pfepefty shall fequife the individual ew-aefs ef the pfepesed lets te file
-3-
eavenant(s) to be r-eear-ded with the Btir-ea-u of Cenveyanees shall be s4fnitted to the
Amend Condition I:
All development-generated runoffshall be disposed of on site and shall not be
directed toward any ad
iacent properties. A drainage study of the subject property, if
required, shall be prepared for review and approval by the Department of Public
Works,prior to submittal ofplans 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.
Add New Condition:
All earthwork and grading shall conform to Chapter 10, Erosion and Sedimentation
Control, of the Hawai`i County Code.
Delete Condition J:
.]
-4-
Amend Condition M:
"The applicant shall make its fair share contributions to mitigate the potential
regional impacts of the subject property with respect to roads,parks and recreation,
fire,police and solid waste disposal facilities. The amount of the fair share
contribution shall[-e the sum whieh is theproduet afniukolying the number of
residential"proposed to be subdii4ded by the atnounts agoeated herein below for
eaeh sn e' The based on the actual number ofadditional residential units (inclusive
of timeshare units) or lots created, and shall become due and payable prior to final
subdivision approval for any portion of the subject property or its increments. If the
subject property is subdivided in two or more increments, the amount of the fair
share contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number of
proposed residential lots in each such increment. The fair share contribution, in a
form of cash, land,facilities or any combination thereof, acceptable to the director in
consultation with the affected agencies,provided that the fair share contribution to
address the potential road impacts shall be in the form of cash and shall be applied
to improving the Kaloko Drive/Hawaii Belt Road intersection. The fair share
contribution shall have a maximum combined value of[$7,239.16j $15,636.59 per
single-family residential unit. [
j The fair share
contribution per single-family residential unit shall be allocated as follows:
1. [Q?�5j$7.540.24 per single-family residential unit
� '?�4"j to the County to support park and recreational improvements and
facilities;
2. [ 40j$363.74 per single-family residential unit
$473-.60] to the County to support police facilities;
-5-
3. [$33?-64j$718.44 per single-family residential unit I-r_r an indieated total
Q', -44j to the County to support fire facilities;
4. [$44J-.621$314.54 per single-family residential unit
e`�.8j to the County to support solid waste facilities; and
5. [�?� '4-"1$6.699.63 per single-family residential unit
$ 2 4 1 to the State or County to support road and traffic improvements.
The fair share contributions described above shall be adjusted annually beginning
three years after the effective date of the change ofzone, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). In lieu ofpaying the fair
share contribution, the applicant may construct and contribute
improvements/facilities related to parks and recreation,fire,police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. For purposes of administering
Condition[LjM the fair market value of land contributed or the cost of any
improvements required or made in lieu of the fair share contribution shall be subject
to review and approval of the director, upon consultation with the appropriate
agencies.
Upon approval of the fair share contributions or in lieu contributions by the director,
the director shall submit a final report to the Council for its information that
identifies the specific approved fair share and/or in lieu contributions, as allocated,
and further implementation requirements.
2. Applicant's Reasons for the Request: The applicant acquired the subject property
under foreclosure on May 11, 2022.with the goal of completing the proposed, four(4)-lot
subdivision as envisioned by the previous owner. According to the applicant, it is
unknown why the former owner could not complete the proposed subdivision within the
timeframe stipulated in Ordinance No. 98 91, however, the applicant intends to complete
the subdivision as represented in the original ordinance, thus the additional time to
complete the subdivision is necessary. The applicant's stated reasons for amendments to
other conditions are as follows:
-6-
■ Condition E: According to the applicant, a draft of the required easement must be
approved by the Planning Director prior to its submittal for recordation, thus
receipt of the recordation version is redundant and would be time consuming.
Therefore,the applicant is requesting to delete the requirement to provide a copy
of the recorded covenant prior to issuance of Final Subdivision Approval.
■ Condition F: The applicant is requesting to delete the requirement to provide a
copy of the recorded covenant prior to receipt of Final Subdivision Approval, for
the same reason as noted for Condition E. Additionally, the applicant requests to
amend the condition to prohibit condominium property regimes (CPR) on each
lot, in order to restrict future individual landowners to a single dwelling on each
lot.
■ Condition G: The applicant is requesting to delete this condition in alignment
with other zone changes in the area of the subject property. According to the
applicant, the inclusion of a new condition requiring compliance with Chapter 10,
Erosion and Sedimentation Control of the Hawaii County Code will address
potential drainage concerns with land disturbance activities.
■ Condition I: The applicant is requesting to amend this condition to add a
requirement that the applicant dispose of development generated runoff on site
and that any drainage not be directed toward adjacent properties, in alignment
with conditions in other recent zone changes in the area.
■ Condition J: The applicant is requesting to delete this condition given that by
letter dated April 2, 2005, the State Historic Preservation Division (SHPD)
determined that no historic properties would be affected by the proposed
subdivision, indicating that archeological sites would be unlikely on the subject
property given results of an assessment on the adjoining property and other
investigations of properties at a similar elevation.
■ Condition M: The applicant is requesting to amend this condition to ensure that
the fair share assessment applies only to the additional lots to be created, and that
the values of the fair share contributions are updated to current requirements.
3. Landowner: Sunshine Holdings, LLC
-7-
4. Supportive Information: The applicant has submitted the attached in support of the
request. (Planning Department Exhibit 1 — Change of Zone Amendment Request
dated May 26, 2022 and Planning Department Exhibit 2 — Additional Information
dated August 29,2022).
PERMITTING HISTORY
5. August 27, 1998—Effective Date of Ordinance No. 98 91, approved by County Council
to change the zoning of the subject property from from Agricultural 20-acre (A-20a) to
Agricultural 5-acre (A-5a) zoned district. (Planning Department Exhibit 3—Change of
Zone Ordinance 98 91).
6. April 13,2005—The Planning Department issued tentative subdivision approval to
subdivide the subject property into four(4) lots (SUB 2003-0179).
7. August 31,2020—The Planning Department deemed the subdivision application
(SUB 2003-0179) to be withdrawn due to no response from the previous owner to
comply with the conditions of Change of Zone Ordinance No. 98 91.
8. May 26, 2022—Date of submittal of subject change of zone amendments.
STATE AND COUNTY PLANS
9. State Land Use Designation: Agricultural.
10. County Zoning: Agricultural 5-acre (A-5a)
11. General Plan LUPAG Map: Important Agricultural Land.
12. 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".
13. 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
14. Subject Property: The subject, irregular shaped property is located on Kaloko Drive
approximately 720 feet southeast of its intersection with Kaloko Loa Place in the Kaloko
Mauka Subdivision at approximately the 2,500-foot elevation and is currently vacant of
any structures or other improvements.
-8-
15. Surrounding Zoning/Land Uses: Lands to the north/northeast are zoned A-3a, A-5a and
A-20a and lands to the west, east and southeast are zoned FA-5a, A-3a, A-5a and A-20a.
Surrounding properties in the area are residential and agricultural uses surrounded by
pasture and forest land. There are some small pasture and nursery areas within the
subdivision. The forest lands of Maka`ula-`O`oma abut the subdivision to the north from
the 2,100 to 3,500-foot elevation. Bishop Estate lands of Ka`upulehu surround the
subdivision to the north at the 3,500 to 5,400-foot elevation. These lands are currently
used by Hualalai Ranch. The Ka`upulehu Forest Reserve is located mauka(east) of the
subdivision.
16. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject
property is designated"Other Important Agricultural Land" on the State Agricultural
Lands of Importance Map.
17. Land Study Bureaus Detailed Land Classification Systems: The Land Study Bureau
(LSB) designates the subject property as "E" or"Very Poor".
18. U.S. Soil Survey: The majority of the soils on the subject property are classified as Puna
and Haplic Udarents soils, 10 to 20 percent slopes and the remainder is classified as Puna
very cobbly highly decomposed plant material, 20 to 40 percent slopes.
19. 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. According to the Department
of Public Works, Engineering Division (DPW), regarding the applicant's request to
delete Condition G, if long term agricultural operations are to take place, a conservation
program with the applicable soil and water conservation district is more appropriate and
would be an exclusion to a Chapter 10 permit.
20. 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's vegetation is characterized by trees such
as `6hi`a, kukui, Christmas Berry and silver or silky oak in addition to elephant grass, and
other non-native grasses and shrubs. According to the State Department of Land and
Natural Resources—Division of Forestry and Wildlife, the Hawaiian Hoary Bat or
-9-
`Ope`ape`a, the Hawaiian Goose or Nene, and the Hawaiian Hawk or `Io could
potentially occur in the vicinity of the project area.
21. Historical/Archaeological Resources: By letter dated April 2, 2005, completing the
HRS 6E-42 Historic Preservation review for the proposed four (4) lot subdivision,the
State Historic Preservation Division (SHPD) determined that no historic properties would
be affected by the proposed subdivision, indicating that archeological sites would be
unlikely on the subject property given results of an assessment on the adjoining property
and other investigations of properties at a similar elevation. Finally, the letter
recommended that the applicant seek SHPD approvals for any required grubbing or
grading permits on the property (See Exhibit F of the application). The application notes
that the preceding determination is further supported by the fact that an archeological
field inspection was recently completed for the property located at TMK 7-3-024:008
(Hinchliff), situated approximately one-half mile to the west and slightly makai of the
subject property,wherein nothing was found of historic or archeological significance.
The Department of Public Works, Engineering Division, has no objection to the
requested deletion of Condition J, however, they noted that approval from SHPD will still
be required for specific grubbing and grading activities as a requirement of Hawaii
County Code, Chapter 10.
22. Cultural Resources: According to the applicant,the property does not contain any
features of cultural importance and there is no known history of traditional gathering
associated with the property. The applicant does not believe that the proposed use would
affect the exercise of traditional or customary Native Hawaiian rights in the area.
23. 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
24. 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 (2)miles below the property. According to
the State Department of Transportation (DOT), there are no objections to amending
Condition D to allow the applicant a five (5)year time extension on the proposed
development, nor to Condition M (Fair Share), citing the County's responsibility for
-i0-
improvement plans for the Mamalahoa Highway/Kaloko Drive intersection.
25. Water: County water is available to the property. According to Department of Water
Supply (DWS), a water commitment for three (3) additional units of water for the
proposed development is valid until June 30, 2025. DWS also provided an updated
facilities charge,required water system improvements and dedication requirements.
26. Wastewater System: As there is no municipal sewer system in the area, the applicant
proposes to install individual wastewater systems meeting with the approval and
requirements of the State Department of Health (DOH). According to DOH, as the
subdivision consists of less than fifty (50)lots/dwelling units,the use of individual
wastewater systems is allowed. Additionally, the type and number of individual
wastewater systems to be used on each lot will be determined by the wastewater rules in
effect at the time of building permit application(s).
27. 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.
28. 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.
AGENCIES' AND ORGANIZATIONS' COMMENTS
29. Department of Public Works—Engineering Division (Planning Department Exhibit
4—July 11,2022)
30. Department of Water Supply (Planning Department Exhibit 5—June 27, 2022
Letter and July 6, 2022 Letter)
31. Fire Department(Planning Department Exhibit 6—June 14, 2022 Memo)
32. State Department of Land and Natural Resources—Division of Forestry and
Wildlife (Planning Department Exhibit 7—June 16, 2022 Memo)
33. Department of Health (Planning Department Exhibit 8—June 30, 2022 Memo)
34. Department of Transportation (Planning Department Exhibit 9—July 21, 2022
Letter)
-11-
AGENCIES -NO COMMENTS OR OBJECTIONS
35. Police Department; State Department of Land and Natural Resources Engineering
Division; State Department of Land and Natural Resources Land Division
AGENCIES -NO RESPONSES
36. US Fish and Wildlife Service
APPLICANT'S RESPONSE TO AGENCY
37. Letter dated July 8, 2022 from Sidney Fuke (Planning Department Exhibit 10)
38. Letter dated August 1, 2022 from Sidney Fuke (Planning Department Exhibit 11)
PUBLIC COMMENTS
39. Testimony submitted via email on September 10, 2022 from Mark Van Pernis
(Planning Department Exhibit 12)
-12-
jgSidneyFuke, Planning Consultant
400 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning-Variance-Zoning
Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:Sldfuke@hawaiiantei_net Environmental Reports
May 26, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAI'I
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Time Extension and Other Requests—Sunshine Holdings, LLC
Ordinance No. 98 91 (REZ 98-10)
KalokoMaulia Subdivision,North Kona,1=1I (TMK:7-3-025: 012)
Transmitted herewith is a request to amend the subject ordinance by granting a time
extension to secure final subdivision approval. Other associated amendments to delete the
submittal of plans to the Kona Soil and Water Conservation District (Condition G) and the
submittal of an archaeological survey (Condition J) and other editorial amendments are being
also requested. The transmittal includes a report detailing and justifying the request, letter of
authorization, and surrounding property owner list. The filing fee of$250 is being submitted
electronically.
In summary,the rezoning of a 21+ acre area into Agriculture (A-5a) became effective on
August 27, 1998. The request was to allow the subdivision of the subject site into four (4) 5+
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 granted to
August 27,2008, final approval was never secured. In the meantime,the applicant acquired the
property through a foreclosure less than two (2) months ago with the intent of finishing the
subdivision.
As such,the applicant is requesting five (5) more years, beginning the effective date of
the current application, retroactive to August 2008- 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!
teerel ,
SIDNEY M. FUKE
Planning Consultant.
Enclosures
Copy Mr. Micah Christensen, Sunshine Holdings, LLC w/enclosures via email
Planning Dept.
Exhibit 1
REZONING (ORDINANCE NO. 98 91) TIME EXTENSION REQUEST
SUNSHINE HOLDINGS,LLC
KALOKO MAUKA, NORTH KONA,HAWAI'I, TMK, 7-3-025: 012
I. GENERAL BACKGROUND
On August 27, 1998, Ordinance No. 98 91 ("Ordinance") rezoned a 21.353-acre
parcel from Agriculture (A-20a) to Agriculture (A-5a) (Exhibit A) The subject site
fronts the west side of Kaloko Drive, approximately 1,500 feet north of Hao Street
within the Kaloko Mauka Subdivision. (Figure 1) This enabled the former owner
(Seshagiri R. Mallampati)to proceed with its plans to subdivide the subject
property into four(4) lots consisting of 5+ acres each. (Figure 2)
Sunshine Holdings, LLC ("Applicant") recently acquired the subject property
under foreclosure with the goal of completing the proposed subdivision. The
conveyance was recorded on May 11, 2022 (Exhibit B).
While the Applicant cannot account for the reason(s) the former owner could not
complete the proposed subdivision within the timeframe stipulated in the
Ordinance, it stands ready to complete the subdivision as envisioned and/or
represented by the Ordinance. However, as noted in a letter dated August 31, 2020
from the Planning Director to the former owner's surveyor, an extension of the
Ordinance is required (Exhibit C).
As such, the Applicant is requesting a time extension and other associated
amendments of the Ordinance to complete the subdivision of the property_
II. NATURE OF REQUEST
The Applicant wishes to proceed with the subdivision of this site in accordance
with the current A-5a zoning and applicable conditions. However, because the time
performance condition has passed,the Applicant is requesting a time extension,
retroactive to August 27, 2008, 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 need
for an archaeological study/survey, inasmuch as the State Historic Preservation
Division ("SHPD") had previously opined that no historic properties should be
present. Specifically, in its comments on April 2, 2005 (subsequent to the adoption
of the Ordinance), SHPD stated that "Archaeological sites at this elevation unlikely
given results of assessment on adjoining property and other investigations at this
level. Landowners should seek approval for any required grubbing or grading
permits. " (Exhibit D)
1
7-3-25 3- Ulv
\ e
yr__�I•T___QII�___QIt -n®/La®] 1�- c!\�-�tC -�Fw`-" .Oe. �.s C� °®\i O
rrl°d"m s
—21
INM
y 44 ra - 'I 14 e0aM1 1 s. nO. ^1'�try0b �,,.•.te 1 r
Z 9
Jtr r s? w /- r o
t- �—� '�11 '"Q� •N� Oy rr
p' II 15T Selonx 1 oA �,• `A
;} W;v' 0 I4CI4..O ' �' GV` `°�*.i- J! W •• 'thy�n-^..'1/
TAX A1AP
I c
t /
RORA9CREMEM5
F J
Fg432 a rov vl ¢aogp 73 2G
pOR.NA-10-MAWA SIM.WMENENT/,F ALORO,I.•ORTN—A,N4 11/Fwm y pa-.I-S•O// ?�
Additional editorial type of amendments is also being requested and outlined within
the following section.
It should also be noted that because the technical deadline of August 2008 has
expired, this report is structured as though this were an original rezoning request.
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.
III. REZONING CONDITIONS
As noted earlier, the subject property was initially rezoned into the A-5a district on
August 27, 1998, subject to a number of conditions. (Exhibit A). Albeit belated,
this section will cover the status of the various conditions as well as the specific
requests. The conditions are noted in parenthesis with the response in italics.
Please note that because this is in an area where a recent rezoning time extension
was favorably considered (REZ 2022-000015) by both the Department and
Leeward Planning Commission, the comments will incorporate similar editorial
amendments,all of which are noted in bold underscore or bracket.
A. "The applicants, its successors or assigns ("Applicant") 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.
B. "The [applicants, successors or assigns] Applicant 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."
The original request called for the subject property to be rezoned into the FA-3a
distract. In the end, the property was rezoned into the A-5a district. According
to the staff of the Department of Water Supply ("DWS'), the initial water
commitment deposit was paid; however, that was forfeited due to the
withdrawal of the subdivision in August 2020.
Fortunately, the DWS staff noted that water for the three (3) additional lots can
still be made available, subject to payment of the required water commitment
deposit. The Applicant intends to submit that request imminently.
D. "Final subdivision approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5)years from the effective date
2
of[the] this amended ordinance. The [applicant] 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:
l. 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 wide "forest reserve easement" along all lot lines not covered by
the 60-foot wide easement; and
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 in August 2008. Notwithstanding this delay,
please note that tentative subdivision approval was timely secured on August
13, 2005 (Exhibit E)
However, the Applicant is unaware ofthe reasons) the former owner did not
proceed to fulfill the conditions of the tentative approval. Inasmuch as the
Applicant acquired the property through a foreclosure proceeding, it can only
surmise that.f nancing could have been a factor.
Nonetheless, the Applicant intends to maintain and reflect these easements and
setbacks in its subdivision submittal_ Construction plans will be prepared to
incorporate those requirements as well.
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 prepared, the Applicant hopes to
begin making the required improvements by early next year and secure final
approval shortly thereafter.
E. "Restrictive covenant(s) in the deeds of all the proposed agricultural lots
fronting Kaloko Drive shall specify and uphold the easements and setbacks set
forth in Condition D. The restrictive covenant(s) shall also specify that,
including the area comprising the forest reserve easements described in
Condition D, no less than sixty-seven percent (67%) 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
3
Conveyances prior to the issuance of Final Subdivision Approval.] A cony
of the recorded document shall be filed with the Planning Department upon
its receipt from the Bureau of Conveyances."
This condition has not been fulflled. It will, however, be done immediately
upon securing tentative subdivision approval. The Applicant, however, requests
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 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 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 cony of the
recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances."
Again, this condition has not been fulfilled but will be addressed subsequent to
issuance of final subdivision approval. Further,for the same reason noted
above, the Applicant requests deleting the recordation requirement prior to
receipt offinal subdivision approval.
G. ["Restrictive covenant(s) in the deeds of the proposed agricultural lots
within the subject property shall require the individual owners of the
proposed lots to file a conservation plan with the Kona Soil and Water
Conservation District, with a copy of the approved plan submitted to the
Planning Department,prior to any Iand alteration activities within any of
the respective agricultural lots. 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."]
The Applicant is requesting that this condition be deleted in its entirety. The
condition is designed to address drainage concerns associated with any land
4
disturbance activities. With the inclusion of a new condition that requires
compliance with the Chapter 10, Erosion and Sedimentation Control of the
Hawai`i County Code, this condition becomes moot. It should also be noted
that subsequent new rezoning (including time extensions) in this area no longer
include this condition. (See Rez 16-000026)
[H]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 D( LNRI. 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] DLNR
(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] 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] Applicant and the County and
recorded with the Bureau of Conveyances prior to the issuance of Final
Subdivision Approval.
3) If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the Forest Management Plan or the
recording restrictive covenant(s), the reforestation program for any cleared
or grabbed area(s) in excess of the 20%within the subject property shall be
substantially implemented prior to the issuance of Final Subdivision
Approval.
4. This Forest Management Plan shall govern the proposed lots within the
subject property for a period of fifty (50)years and its termination may be
considered after the 50-year period has elapsed by amending this ordinance
requiring County Council approval by ordinance."
Again, this condition has not been fulfilled but will be done subsequent to
issuance of final subdivision approval.
[I] 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
5
with the approval of the Department of Public Works prior to the issuance of
Final Subdivision Approval."
This condition will continue to be addressed and complied with in the
subdivision construction plan review, approval, and implementation processes.
I. All carthwork and grading shall conform to Chapter 10 Erosion and
Sedimentation Control of the Hawaii County Code.
This is a new condition required of Ordinance No. 06 82; and the Applicant has
no objections to its inclusion, as this is a standard requirement.
[J. An archaeological study/survey of the subject property shall be prepared
and submitted for review and approval to the Planning Director, in
consultation with the Department of Land and Natural Resources-Historic
Preservation division (DLNR-HPD), prior to submittal of plans for
subdivision review or any land alteration activity,whichever occurs first.
Should significant historical sites be found within the subject property
which merit preservation or the implementation of mitigative measures, the
applicants shall prepare and submit an archaeoiogicallmitigation plan for
review and approval by the Planning Director, in consultation with the
DLNR-HPD,prior to the issuance of Final Subdivision Approval or any
land alteration activity,whichever occurs first.]
As noted earlier, the SHPD had previously opined that no historic properties
should be present. Specifically, in its comments on April 2, 2005 (subsequent
to the adoption of the Ordinance), SHPD stated that"Archaeological sites at
this elevation unlikely given results of assessment on adjoining property and
other investigations at this level. Landowners should seek approval for any
required grubbing or grading permits. " (Exhibit D)
Further, an archaeological field inspection was recently completed for a.
property proximate to this area wherein nothing was found. A copy of this letter
from SHPD, dated May 17, 2022, is found in Exhibit F.
In the event it is determined that subsequent to the further review by SHPD of
this request, if it is determined that this condition is still needed, the Applicant
requests the following language as found in REZ 05-000027)be used:
"An Archaeological Field Inspection shall be submitted for the review and
approval of the State Department of Land and Natural Resources--State
Historic Preservation Division DNLR-SHPDprior to the issuance of an
land alteration permits or the submittal of plans for Final Subdivision
A roval whichever occurs first. The Applicant shall implement an
preservation measures, which shall be shown on the final plat map, as
6
recommended in the Archaeological Inventory Surrey (AIS) or subsequent
preservation plans."
[K]J."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 (DNLR-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."
This requirement has and will continue to be adhered to.
[L]K."Access(es) to the subject property from Kaloko Drive shall be constructed in
a manner meeting with the approval of the Department of Public Works."
This requirement will be complied with.
[MIL"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[$7,239.16] $15,057.57 per additional
lot._.Based upon the...intent to subdivide and develop up to four(4) three 3
additional lots, the indicated total fair share contribution is [$59,947.20]
$45,172.71... 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. Please note that the fair share
assessment applies only to the additional lots to be created, which, in this case,
would be three (3) and not four (4).
[N]M"Comply with all applicable laws,rules, regulations and requirements of the
affected agencies for approval of the development within the subject property."
The Applicant will comply with this requirement.
[O]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.
7
[P]O. "An initial extension of time for the performance of conditions within the
amended 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] Applicant, 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, with the passibility of an administrative extension. That is the
purpose of this application.
IV. RESTATEMENT OF REQUESTS
In the event this request is addressed as an amendment to Ordinance No. 98 91 as
opposed to a new rezoning application, the Applicant requests the following:
• Condition D: A S-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 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 of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances."
• Condition G: Deletion of Condition G relating to a covenant that requires the
submittal of plans to the Kona Soil and Wafter Conservation District prior to
any land disturbance activity. This condition was designed to help address
drainage considerations. However, with the inclusion of the requirement to
comply with Chapter 10 Soil and Sedimentation Control of the Hawaii
County Code, this requirement becomes somewhat redundant or moot.
Further,please note that this condition is no longer made a part of the recently
rezoning or time extension approvals.
• Condition J: Deletion of Condition J requiring the submittal of an
archaeological study or survey. The SHPD has already opined and/or
concluded that no historic properties should be present. Specifically, in its
comments on April 2, 2005 (subsequent to the adoption of the Ordinance),
SHPD stated that"Archaeological sites at this elevation unlikely given results
8
of assessment on adjoining property and other investigations at this level.
Landowners should seek approval for any required grubbing or grading
permits. " (Exhibit D)
Further, an archaeological field inspection was recently completed for a
property proximate to this area wherein nothing was found. A copy of this
letter from SHPD, dated May 17, 2022, is found in Exhibit F.
Subsequent to the further comment by the SHPD on this application, in the
event it is determined that this condition is still needed, the Applicant requests
the following language as found in REZ 05-000027) be used:
"An Archaeological Field Inspection shall be submitted for the review
and approval of the State Department of Land and Natural Resources —
State Historic Preservation Division (DNLR-SHPD) prior to the issuance
of any land alteration permits or the submittal of plans for Final
Subdivision Approval,whichever occurs first. The Applicant shall
implement any preservation measures,which shall be shown on the final
plat may, as recommended in the Archaeological Inventory Survey LAB
or subsequent preservation plans."
* Condition M: Modify the fair share requirement to have it applied only to the
additional lots created and not the total number. This is a standard practice.
Essentially, in addition to the aforementioned amendments, the other amendments
are more editorial in nature and thus intended to make them consistent with
conditions of recent rezoning and/or time extension requests. The Applicant
further understands that there may be a need to update other conditions and will
defer to the staff.
V. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The entire site is within the Agricultural district. The proposed lot size (5+
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
When the property was initially rezoned, the then August 1998 County General
Plan Land Use Pattern.Allocation Guide (LUPAG) map designated the site
Orchards which was described as "agricultural lands which though rocky in
character and content support productive macadamia nuts, papaya, citrus and
other similar agricultural products. " The existing LUPAG map (February
2005), however,redesignated the subject and essentially the rest of the Kaloko
9
Mauka area Important Agricultural. This type of land is attributed to those
lands with "better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors. "
Based on the retention of the Agriculture (A-5a) 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
The August 1998 rezoning ordinance predated the adoption of the Kona
Community Development Plan("CDP"). As such, this section addresses the
request's relationship to the 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 he 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
10
that would be adversely affected by the project. Furthermore, SHPD had
earlier opined that it is unlikely that the site has any historic resources.
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.
c. Provide housing choices.
With the subdivision of this site, the Applicant would provide the
opportunity for at least three (3) more homeowners to finance and build
their oven 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 similar A-Sa and also the smaller
FA-3a zoned properties. The proposed retention of the A-5a 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 "E" or very 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.
I
h. Promote effective governance.
This principle is not applicable.
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
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 ofKalaoa, approximately a
mile (1)miles to the north. The creation of a three (3) additional S+ acre sized
lots would help foster this goal.
D. County Zoning
The County zoning of the subject property is.Agriculture (A-Sa) and formally
Agriculture (A-20a). A number of properties in the general area are also zoned
A-Sa or 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 mariner meeting with both the
Zoning and Subdivision Codes. Furthermore, all uses and standards of the
Zoning Code, consistent with the A-Sa zone, would be adhered to.
D. Relationship to SMA Objectives 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. The SHPD had earlier commented and/or opined that the
site should not have any significant historic resources. 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-
agricultural setting. Accordingly, there is a potential visual impact to the area's
scenic and open space resources. However, the project would involve the
12
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
the distance, the nature of the project—residential/agricultural—and the
construction of only three (3) additional 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 A-Sa, 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.
13
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
shoreline at approximately the 2,500-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 anv structures.
B. Soils and Topozraphy
The topography of the site slopes slightly at about an average grade of eight (8)
percent in a westerly to easterly direction.
The Land Study Bureau's Detailed Land Use Classification System identifies
the soils as"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 (rKXD), which consists of well drained, thin extremely stony
organic soils over fragmental A'a lava and used primarily for woodland and
pasture.
The State of Hawaii's Agricultural Lands of Importance to the State of Hawai'i
(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_
14
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.
3. Volcanic and Earthquake 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's vegetation is characterized by some trees scattered through the site,
such as native ohia, kukui or candlenut, Christmas Berry (Schinus
terebeinthifodlius) and silver or silky oak (Grevillea robusta). The understory
vegetation is dominated by elephant grass (Penniseturn 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
(I'o) 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 I'o) and the Hawaiian
Owl (Pueo).
15
E. Historic/Archaeological Resources
As noted earlier, the SHI'D has already opined and/or concluded that no historic
properties should be present. Specifically, in its comments on April 2, 2005
(subsequent to the adoption of the Ordinance), SHPD stated that
"Archaeological sites at this elevation unlikely given results of assessment on
adjoining property and other investigations at this level. Landowners should
seek approval for any required grubbing or grading permits. " (Exhibit D)
Further, an archaeological field inspection was recently completed for a
property proximate to this area wherein nothing was found. A copy of this letter
from SHPD, dated May 17, 2022, is found in Exhibit F.
Given the above, it is unlikely that the site should have any historic properties.
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 O 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.
16
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.
G. Noise Air Ouality, and Dust
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 four
(4) 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 air quality 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 three (3) 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. Surrounding Land Use
17
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.
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 either A-Sa
or 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 Impacts
The requested zoning would have some measure of economic impact, as it
would make at least three (3) additional 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. Auricultural Impacts
As noted above,the requested zoning would have some measure of economic
impact, as it would create additional small fart 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 (5) 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. As currently proposed, all of the proposed
lots would have direct access to Kaloko Drive (Figure 2).
18
The condition of the existing ordinance will also require the project to
contribute its fair share of$15,057 or a total of$45,171 towards improvement
of the Kaloko Drive/Mamalahoa Highway intersection.
S.Water
The subject site had secured three (3) additional water commitments from the
County Department of Water Supply, which had since expired. According to
the staff at the DWS, although expired, they can be renewed. The Applicant is
in the process of making the required payment so confirm the commitments.
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 A-5a 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.
19
VIII. JUSTIFICATION OF REQUESTS
Condition P of the rezoning ordinance (Ordinance No. 98 91)outlined three (3)
criteria whereby a time extension may be considered. (Exhibit A) These criteria
and their justification for both extension requests follow.
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
The Applicant cannot speak to the reason(s) the former landowner failed to
meet the time conditions, except to note that the property was secured through a
foreclosure. As a result,the Applicant acquired the property and was in
absolutely no position to meet the time conditions. As such, while the
Applicant was aware of the condition, the non-performance was not of its doing
or negligence.
If approved, the Applicant has every intent to complete the subdivision within
the requested time frame.
B. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
When the site was rezoned in August 1998, it was reviewed against the General
Plan approved in August 1988. Since then, the General Plan was amended in
February 2005, which is the current Plan. Further, the Kona CDP was adopted
in September 2008, subsequent to the August 1998 rezoning ordinance.
Given the above, this section evaluates the A-5a zoning in accordance with the
prevailing General Plan and Kona CDP.
The General Plan Land Use Pattern Allocation Guide (LUPAG) Map formerly
identified this and the surrounding area Orchard. Today, it is identified as
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"E"or"Very Poor"for agricultural productivity. Soils on the
property are of the Kiloa Extremely Stony Muck (rKXD), 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 continued to be classified"Other
Important Lands" on the State Agricultural Lands of Importance to the State of
Hawaii (ALISH) map.
20
Based on the Intensive Agricultural Land classification, no amendment to the
General Plan is required. It should also be noted that in recent time extension
applications in this area where the General Plan LUPAG map was changed from
Orchard to Intensive Agricultural,the Planning Department, Leeward Planning
Commission, and County Council concluded that the requests still were
consistent with the General Plan.
Retaining the existing A-5a 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 Iargely
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. The
21
drainage plan and improvements will be subject to Chapter 10, Soil
Sedimentation and Erosion Control, of the Hawaii County Code.
While there has been no consultant type of an archaeological assessment done
for the subject site, the SHPD had already opined/commented that the site
should have no historic properties. Specifically, in its comments on April 2,
2005 (subsequent to the adoption of the Ordinance), SHPD stated that
"Archaeological sites at this elevation unlikely given results of assessment on
adjoining property and other investigations at this level. Landowners should
seek approval for any required grubbing or grading permits." (Exhibit D)
To lend credence to this opinion, an archaeological field inspection was recently
completed for a property proximate to this area wherein nothing was found. A
copy of this letter from SHPD, dated May 17, 2022, is found in Exhibit F.
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
Hawai'i State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina decisions,
the issue relative to native Hawaiian gathering and fishing rights must be
addressed. Specifically, there must be a discussion 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 raze or endangered
floral or faunal resources are likely to be found within the subject site.
22
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
(Fo) 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 To) and the Hawaiian
Owl (Pueo).
As the A-Sa 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 three (3) 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
23
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.
• Preserve the agricultural character of the island.
• Preserve and enhance opportunities for the expansion of Hawaii's
Agricultural Industry.
• Assist in the development of agriculture.
• 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
designation of Important Agricultural Land designation 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 "E" or"very poor". The project will result in
the further development of the site's agricultural resource and its eventual
24
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 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).
Although the General Plan LUPAG map changed, the basic policies did not.
As such, notwithstanding the LUPAG designation, the policy reasons, in
summary, and their relationship to the present, included:
• 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 Kon Regional Plan (which has since been superseded
by the Kona Community Development Plan). 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 retention of the A-5a
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 (TZAR) if more than fifty (50)trips are generated by a project
during the peak hours. In this situation, the proposed subdivision will result in
only three (3) more lots.
County water for the project can be made available, and the Applicant is in the
process of making the deposit to secure those commitments.
As such, approval of this request should not be incongruous with the
concurrency provision of the Zoning Code.
25
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 A-5a zoning.
26
Y
COUNTY OF STATE OF HA WAR
BILL NO. 270
(Draft 4)
ORDINANCE NO. 98 91
AN ORDINANCE AMENDING SECTION 25-8-2(NORTH AND SOUTH KONA DISTRICT
ZONE MAP),ARTICLE 8,CHAPTER 25 (ZONING CODE)OF THE HAWAII COUNTY
CODE, BY CLANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a)TO AGRICULTURAL(A-5a)AT KALOKO,NORTH KONA,HAWAII,COVERED
BY TAX MAP KEY 7-3-25:12.
BE IT ORDAINED BY THE COUNCIL OF THE COLTNTY OF HAWAII:
SECTION 1. Section 25-8-2,Article 8, Chapter 25 (Zoning Code)of the Hawaii County
Code,is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko,North Kona,
Hawaii,shalt be Agricultural(A-5a).
Beghuxing at the West corner of this parcel of land, situated on the Northeasterly
side of Kaloko Drive,the coordinates of said point of beginning,referred to Government
Survey Triangulation Station "Moanuiahea' being 14,314.38 feet South and 396.49 feet
West and thence running by azimuths measured clockwise from True South:
I. 225" 10` 1,400.00 feet along Lot I of Block 4,Kaloko Mauka
Subdivision,Increment I (File Plan 994);
2. 315" Ill' 373.13 feet along Lot 8 of Block 4,Kaloko Mauka
Subdivision,Increment l (File Flan 994);
3. 30 00, 400.62 feet along the Westerly side of Kaloko
Drive;
4. Thence along the Northwesterly side of Kaloko Drive,on a curve to the right with
a radius of 660.0€I feet,the chord azimuth
and distance being:
6911 05' 1,206.66 feet;
EXHIBIT A
5. 135" lU 152.88 feet along the Northeasterly side of Kaloko
Drive,to the point of beginning and
containing an area of 21.353 Acres,more or
less.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof
SECTION 2. This change in district classification is conditioned upon the following:
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 required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective bate
of this ordinance_ The applicants shall reserve the following easements and
special setbacks in perpetuity for purposes of protecting and maintaining
naturally forested areas and delineate such easements and setbacks on plans
submitted for subdivision review:
1. a CU-foot wide "forest reserve easement" along the existing public street
frontage of the subject property, exclusive of sight easements required
-2-
by the Department of Public Works and access points 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
3. a 50-foot wide structural setback in lieu of the required 30-foot setback
along the property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
Kaloko Drive shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the
area comprising the forest reserve easements described in Condition D, no less
than sixty-seven percent (67%) of the entire lot area shall be retained in forest.
A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances
approval prior to the issuance of Final Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall
prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenants) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicants and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
-3-
G. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within
the subject property shall require the individual owners of the proposed lots to
file a conservation plan with the Kona Soil and Water Conservation District,
with a copy of the approved plan submitted to the Planning Department, prior to
any land alteration activities within any of the respective agricultural lots. A
copy of the proposed covenant(s) to be recorded with die Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances prior to
the issuance of Final Subdivision approval.
H. A Forest Management Plan for the proposed lots within the subject property
shall be prepared and submitted for review and approval by the Planning
Director in consultation with the State Department of Land and Natural
Resources, the State Department of Health, the State Department of Agriculture
and the U.S. Department of Natural Resources Conservation Service. The
Forest Management Plan shall require the following:
1. include at a minimum, the best forest and reforestation practices,
program for implementation and other applicable forestry management
criteria, including those of the State Department of Land and Natural
Resources, such as the Forest Stewardship Program or the Soil
Conservation Service Management Program.
2, The Forest Managerent Program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded
with the Bureau of Conveyances and/or Land Court. A copy of the
-4-
covenants shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of
the approved covenant(s) shall be recited in an instrument executed by
the applicants and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
3. If more than twenty percent (20%) of the subject property has been
cleared or grubbed prior to the submittal of the Forest Management Plan
or the recording of the restrictive covent(s), the reforestation program
for any cleared or grubbed area(s) in excess of the 20% within the;
subject property shall be substantially implemented prior to the is:"a;ante
of Final Subdivision Approval.
4. This Forest Management Plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may
be considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
I. A drainage study of the subject property, 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,
J. An archaeological study/survey of the subject property shall be prepared and
submitted for review and approval to the Planning Director, in consultation with
the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD), prior to the submittal of plans for subdivision review or any land
alteration activity, whichever occurs first. Should significant historical sites be
-5-
found within the subject property which merit preservation or the
implementation of mitigative measures, the applicants shall prepare and submit
an archaeological preservation/mitigation plan for review and approval by the
Planning Director, in consultation with the DLNR-HPD, prior to the issuance of
Final Subdivision Approval or any land alteration activity, whichever occurs
first.
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. Access(es) to the subject property from Kaloko Drive shall be constructed in a
manner meeting with the approval of the Department of Public Works.
M_ The applicant shall snake its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution,
-6-
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, provided that the fair s;iare
contribution to address the potential road impacts shall be in the farm of cash
and shall be applied to improving the Kaioko Drive/Hawaii Belt Road
intersection.. The fair share contribution shall have a maximum combined value
of$7,239.16 per single-family residential unit. Based upon the applicant's
representation of intent to develop up to four(4) residential units, the indicated
total of fair share contribution is $28,956.64 for single-far ily residential units.
However, the total amount shall be increased or reduced in proportion' with the
actual number of units according to the calculation and payment provisions set
forth in this Condition L. The fair share contribution shall be allocated as
follows.
1. $3,490.85 per single-family residential unit for an indicated total of
$13,963.40 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$673.60 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total
of$1,330.44 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$582.48 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$12,406.72 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI)_ In lieu of
paying the fair share contribution, the applicant may construct and contribute
-7-
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. For purposes of
administering Condition L, the fair market value of land contributed or the cost
of any improvements required or made in lieu of the fair share contribution shall
b; subject to review and approval of the director, upon consultation with the
appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions'by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements
N. Comply with all applicable laws, reties, regulations and requirements of the
affected agencies for approval of the development within the subject property.
O. Should flee Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
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:
l. 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.
3. Granting of the tirne 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 ID
granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
Q. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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 outer parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COL CIL NIEMhER, COUNTY. F HAWAII
Hilo,Hawaii
Date of Introduction: August 5, 1998
Date of I st Reading: August 5, I998
Date of 2nd Reading: August 19, 1998
Effective Date: August 27, 1998
APP OWED AS TO F RIvI AND LEGALITY
CORPORATION COUNSEL
DATED: z
-9-
TRUE NORTH
A-20a
A-IOn A-7a
AGRICULTURAL (A-20c)
A-20a TO
KAIaka AGRICULTURAL (A--So)
AREA: 21_353 ACRES
a
A-1C3a A-5a A-20m
KAL. OK O
D R I V E
I4tiauka
A-20w
A 5s
14.314.38 S A-5a
200 396.49 GeV
"MOANU6AH£A"
A-5a A-20a rap 5u6s{iv4etan
�Y,4
A-20r
rR�
� r
A-20a A- . A-5A A 5
h-3s
A-20a A
A- 0a
1'A-'l's A^ba
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8,
CLASSIFI 25 (ZONING CODE) OF THE l COUNTY CODE,
CATI N F OM AGRICULTURAL (A 20c) TO AGRICUTURAL (AA NGING T HE DISTRICT
5a) ATKAL KO,
C
NORTH KONA, HAWAII.
PREPARED By : PLANNING DEPARTMENT
COUNTY OF HAWAlI
TMK : 7-3-25:12 jUNE 23, 1998
(STAR ~KE75 LTO LOT 9)
EXHIBIT "A"
OFFICE OF THE COUNTY CLERK
County of Hawaii
H�, Hawaii
I PAPT 4
ROLL CALL VOTE
Introduced By: Bobby-,lean Leithead-Todd t AYES NOES ABS EX
Date Introduced_ August 5, 1998 Arakaki x
First Reading: _.#u.aust 5, 1998 Chung X
Published: August 14, 1998 _ Leithead-Todd x
Ray X
REMARKS: Reynolds x
Santangelo X
Smith x
Tyler x
Ya ong x
8 0 1 o
Second Reacting: Au t 19 1928 ROLL CALL VOTE
To Mayon _Ai�st 24, 1998 � AYES NOES ABS EX
Returned: Auc�t st 27, 1998_ Arakaki x
Effective: August 27, 1998 Chung x
Published-- _September 4, 1998 � Leithead-Todd x
Ray x
REMARKS. Reynolds x
Santangelo x
Smith x
Tyler i x
Yagong X
7 0 2 0
1 Igo HEREBY CERTIFY that the foregoing BILL was adapted by the County Council and published as
- .._.�
indicated above. r-�, � AS 7)
ON COUNSEL
Dare r .5-/ p
Approved/L44app&~d this day CO U CIL CHAIRMAN
Of
COUNTY CLERK
jytoRl, COU1V OI'"h'AWRII Bill No-: 270 (Draft 4 )
Reference: C-910.02/PC-134
Ord.Not : 98 91
STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
May 11, 2022 8:01 AM
Doc No(s)A-81650441
Doc 2 of 2 /s/LESLIE T KOBATA
Pkg12017911 TAW REGISTRAR
Conveyance Tax:$2,007.50
LAND COURT REGULAR SYSTEM
Return By Mail 0 Fick-Up To:
RS-2
SUNSHINE HOLDINGS,LLC FHTC TITLE NO.: NXHI-0534515
6687 W Broadleaf Hollow Lane ESCROW NO.: NXHI-05345I5
Highland,UT 84003 T1A TAGAVILLA
TOTAL NUMBER OF PAGES:
TITLE.OF DOCUMENT:
COMMISSIONER'S DEED
DEFENDANTS TO DOCUMENT:
GRANTOR: R.HERMANN HEIMGARTNER,Commissioner duly appointed pursuant
to that certain Findings of Fact, Conclusions of Lave and Order Granting
Plaintiff American Savings Sank,F.S.B.'s Motion for Summary Judgment
as to All Clainxs and All Parties of the Complaint filed herein on
February 1,2021,Including Entry of a Decree of Foreclosure,Order of
Sale,and Adjudication of Plaintift's Right to Seek a Deficiency Judgment.
filed herein on May 6,2021,filed on October 7,2021,in the Circuit Court
of the Third Circuit,State of Hawaii,in Civil No.3CCV-21-0000029,whose
mailing address is P.O.Box 1839,Kailua-Kona,HI 96745-1839
GRANTEE; SUNSHINE HOLDINGS,LLC, a Hawaii limited liability company,whose
mailing address is 6687 W Broadleaf Hollow Lane,Highland,UT 84003
TAX MAP KEY(3)7-3-025-012 TL 2022-00983/5-4-22
EXHIBIT B
COMMISSIONER'S DEED
THIS INDENTURE, made this �S 7?f day of "ea V 24.244,
by R.HERMANN HEIMGARTNER,Commissioner duly appointed pursuant to that certain
Findings of Fact, Conclusions of Law and Order Granting Plaintiff American Savings Bank,
F.S.B.'s Motion for Summary Judgment as to All Claims and All Parties of the Complaint
fled herein on February 1, 2021,Including Entry of a Decree of Foreclosure, Order of Sale,
and Adjudication of Plaintiffs Right to Seek a Deficiency Judgment. filed herein on May 6,
2021,filed on October 7,2021, in the Circuit Court of the Third Circuit, State of Hawaii, in
Civil No. 3CCV-21-0000029, whose mailing address is P. O. Box 1839, Kailua-Kona, HI
96745-1839, hereinafter called the "Grantor", and SUNSHINE HOLDINGS, LLC, a Hawaii
limited liability company,whose mailing address is 6687 W Broadleaf Hollow Lane,Highland,
UT 84003,hereinafter called the "Grantee".
WITNESSETH:
WHEREAS, the Grantor was duly appointed as Commissioner pursuant to that
certain Findings of pact, Conclusions of Law and Order Granting Plaintiff American Savings
Bank, P.S.B.'s Motion for Summary Judgment as to All Claims and All Parties of the Complaint
filed herein on February 1, 2021, Including Entry of a Decree of Foreclosure, Order of Sale, and
Adjudication of Plaintiffs Right to Seek a Deficiency Judgment. filed herein on May 6,2021, filed
on October 7, 2021, in the Circuit Court of the Third Circuit, State of Hawaii, in Civil
No. 3CCV-21-0000029, and
WHEREAS, the real property which was the subject of the foreclosure action
described hereinabove included all of that certain parcel of land situate at Kapapaapaea 1,District
of North Kona, Island and County of Hawaii, State of Hawaii, described as follows;
All of that certain parcel of land situate at Kaloko, District of North Kona,
Island and County of Hawaii, State of Hawaii,being LOT 9, BLOCK 4, of
the "KALOKO MAUKA SUBDIVISION, INCREMENT I", as shown on
File Plan Number 994, filed in the Bureau of Conveyances of the State of
Hawaii, and containing an area of 21.353 acres, more less, and designated
on the Tax Maps of the Third Taxation Division of the State of Hawaii as
Tax Map Key No. 7-3-025-012 ("Subject Property").
WHEREAS,upon motion after the sale of the Subject Property at a public auction
as authorized by the Court,the Court issued an Order Granting in Part and Denying in Part Plaintiff
2.
American Savings Bank, F.S.B.'s Motion for Confirmation of Sale, Directing Distribution of
Proceeds, Writ of Possession and Disposal of Personal Property filed January 13, 2022, which,
inter alia, ordered, adjudged and decreed that the Subject Property be conveyed to the Grantee.
NOW THEREFORE, the Grantor, as Commissioner, for other good and valuable
consideration Grantor does hereby remise, release and forever quitclaim unto the Grantee, all of
that certain parcel of real property designated on the tax maps of the Third.Taxation Division, State
of Hawaii, as Tax Map Key 7-3-025-012, and more particularly described in Exhibit A attached
hereto and made a part hereof, subject to the encumbrances thereon.
TOGETHER WITH all the rights, easements, privileges and appurtenances
thereunto belonging or appertaining.
TO HAVE AND TO HOLD the same unto Grantee, as tenant in severalty, its
successors and assigns, in fee simple forever.
This instrument is executed by R.HERAlANN HEIMGARTTNER,not personally
but as Commissioner aforesaid in the exercise of the power and authority conferred upon and
vested in him as such Commissioner, and it is expressly understood and agreed that nothing herein
contained shall be construed as creating any liability on R.HERMANN HEIMGARTNER.
The terms "Grantor" and "Grantee", as and when used hereinabove or hereinbelow
shall mean and include the masculine or feminine, the singular or plural number, individuals,
associations, trustees, corporations or partnerships, and their and each of their respective
successors in interest, heirs, executors, personal representatives, administrators and permitted
assigns, according to the context thereof, and that if these presents shall be signed by two or more
grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes
deemed to be their joint and several covenants.
(The remainder of this page intentionally left blank-signatures follow on nextpage)
3.
IN WITNESS WHEREOF,the Grantor has executed these presents on the date first
above written.
R.HERMANN H ARTNER,
Commissioner d appointed pursuant to
that certain Findings of Fact, Conclusions of
Law and Order Granting Plaintiff American
Savings Sank,F.S.B.'s Motion for Summary
Judgment as to All Claims and All Parties of
the Complaint filed herein on February 1,
2021,Including Entry of a Decree of
Foreclosure, Order of Sale, and Adjudication
of Plaintiffs Right to Seek a Deficiency
Judgment.filed herein on May 5,2021,filed
on October 7,2021,in the Circuit Court of
the Third Circuit,State of Hawaii,in Civil
No. 3CCV-21-0000029
APPROVED AS TO FORM
TRTANTOS LAW LLLC
BY Robert D.Trianios
5-4-22
4.
STATE OF HAWAF1 )
ss.
COUNTY OF HAWAI'I )
On this S7 H day of A4 Gf) , 2022, in the Third Circuit,
State of Hawaii, before me personally appeared R. IIERMANN HEIMGARTNER,
Commissioner duly appointed pursuant to that certain Findings of Fact,Conclusions of Law
and Order Granting Plaintiff American Savings Bank, F.S.B.'s Motion for Summary
Judgment as to All Claims and All Parties of the Complaint filed herein on February 1,2021,
Including Entry of a Decree of Foreclosure, Order of Sale, and Adjudication of Plaintiff s
Right to Seek a Deficiency Judgment. filed herein on May G, 2021, filed on October 7, 2021,
in the Circuit Court of the Third Circuit, State of Hawaii,in Civil No.3CCV-21-0000029, to
me personally known, who, being by me duly sworn or affirmed, did say that he executed the
foregoing instrument identified or described as Conm-dssioner's Deed,as his free act and deed, and
if applicable in the capacity shown, having been duly authorized to execute such instrument in
such capacity.
The foregoing instrument is dated LS [Sh o 2-2< and contained
pages at the time of this acknowledgment/certification.
(Notary Stamm or Sea])
Name:
�pLElV%py Notaryu is
NOTARY % State of Hawai'i
,� pusiic
No.19-191
My commission expires: �' Z
EXHIBIT "A"
All of that certain parcel of land situate at Kaloko, District of North Kona, Island and
County of Hawaii, State of Hawaii, being LOT 9, BLOCK 4, of the "KALOKO MAUKA
SUBDIVISION, INCREMENT I", as shown on File Plan Number 994, filed in the Bureau of
Conveyances of the State of Hawaii, and containing an area of 21,353 acres, more less.
BEING THE PREMISES ACQUIRED BY WARRANTY DEED:
GRANTOR: STAR MARKETS,LTD., a Hawaii corporation
GRANTEE: SESHAGIRI RAO MALLAMPATI,a single man
DATED: February 13,2003
RECORDED: Document No. 2003-042550
SUBJECT,HOWEVER TO:
1. Mineral and water rights of any nature.
2. The terms and provisions contained in the following:
INSTRUMENT: DEED
DATED: December 29, 1966
RECORDED: Liber 5543 Page 419
3. GRANT
TO: ALAN C. BEALL, single
DATED: February 10, 1997
RECORDED: Document No. 97-037109
GRANTING: an exclusive easement for sight distance purposes over "Easement
Area" as shown on map attached thereto
END OF EXHIBIT "A"
Ha)ry Kith `°`•''
Michael Yee
Ma%fff
t?e'f'r4Ynr
Roy Takernoto April Surprenant
b jngch�e UItPSTl�r
'-:; . •�. Adh a f)s{Mats f)irzi'fr�r
wk-A llawai-i office halt Ilaw<ti-i Orl"[
74-5fM Mc Ketshokalaic J1%y s 101 Pawhi Street.Suite 3
Kailua-Kona,flawail96i,40 County o1 Hawai`i Hilo,Hvwai•i967:U
Phone 1808I 323-4770 Mont:1908)961-8299
Fax 1")377-3563 PLANNING DEPARTMENT Fax txflg)%1-8742
August 31,2020
Chtystal Thomas Yarnasaki, LPLS
Wes Thomas Associates
75-5749 Kalawa Street, Suite 201
Kailua-Kona, HI 96740-1818
Dear Ms. Yamasaki:
SUBDIVISION WITHDRAWN
SUBDIVIDER: MALLAMPATI,Seshagiri R.
Proposed Subdivision of Lot 9 of Block 4,
Kaloko Mauka Subdivision, Increment 1 (FP 994),
Being a Portion of R. P.8214, L. C.Aw. 7715,Ap. 11,
Into Lots 9-A to 9-D,
Kaloko, )North Kona, Island of Hawaii, Hawaii
TMK: 7-3-025:012 (SUB-03-€00179)
Please be advised that on February 18, 2016,we advised the subdivider of the need to
comply with the Change of Zone Ordinance No.Ord. 98 91 (REZ 896, REZ-98-000010).
There has been no response to that final attempt to move the project forward.
Therefore,we are deeming the subdivision file withdrawn and removing it from process:.
Should the landowners elect to pursue the subdivision at a later date a new application
complete with filing fee trust be resubmitted to this department. Prior to any reapplication
on the subdivision,the landowner should be aware that the Change of Zone Ordinance No.
Ord.98 91 (REZ 896, REZ-98-000010) will require attention)as it has unmet time
constraints as well. By copy of this letter,our Planning Division is being apprised of this
action and may take appropriate action as outlined in their February 18, 2016 letter to the
subdivider.
www.�,l;ulningha+s�ii�vunn,pov fi!!7t"l(! f(-f}7/1I�t 1X(!)t�'.(()[(;j�7j)f�f?lfRfF1'�jr1'357i{tTFtllfl(:.11!)/�UV[v P1.inE;in�Lit�ha+u,IlEfn�llt�:.yf75'
EXHIBIT C
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
August 31, 2020
Page 2
Should you have any questions, please feel free to contact Mans Santiago at
hans.santia o hawaiicountv.gov or Jonathan Holmes at itLnathan.holmesahawaiicourLly g v.
Sincerely,
1CHA
`Planning Director
IRH:tb
llcoh33\jAaaning\Public\Admin Permits Division\bubdivisinn\2020\202+-3\5i 3.03-0D0179Mallainpati WD 08-3I.20.docx
xc: Manager, D►WS
Director, DPW
District Environmental Health Program Chief, DOH
Planning Department-Kona
Seshagiri R. Mallampati
REZ 896 (REZ-98-000010; Card. 98 91)
/7/"
[E.•Q'�rya PETER T.YgUNG
LINEIA OF
�� 9p6 v� CHAIRPERSON
GOVERNOR OF HAWAlI �' �4���/ ROASD OFtAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
DAN DAVIDSON
OEPUTY DIRECTOR-LAND
�LC1�a9�az1 d Nd �'A1 DEPUTY DIRECTORI?WATER
`~ AQUATIC RESOURCES
t.. ""., BOATING AND OOFAN RECREATION
STATE OF HAWAI4 BUREAU E CONVEYANCES
COMM155Kh1'ON WATER RESOURCE llANAGEMEAFT
DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION AND RESORCESENFOFCE67ENT
ENGINEERING
FORESTANDWILGLIFE
Ike of HISTORIC PRESERVATION DIVISION H STORC PRESERVATION
KAKUHIHEWA BUILDING,ROOM 555 KAHOOLAWE ISLAND RESERVE COMMISSION
601 KAMOKILA BOULEVARD sTA EPAOKF,
KAPOLEI,HAWAII 96707
April 2, 2005
HAWAII HISTORIC PRESERVATION Log: 2005.0608
DIVISION REVIEW Doc: 05041VIM03
Applicant/Agency:- Dr. Seshagiri. Rao Mallampati
Address: c/o Tom Peters, Island Land Co., P.O. Box 2077, Kailua-Kona
96745
Project: 6E-42 Historic Preservation Review, Proposed Subdivision of 20
acre parcel to four lots 9A, 913, 9C, 9D SUB2003-0179
Location: Kaloko,North Kona, Hawaii Island
Tax Map Key: (3) 7-3-025:012
1, We believe there are no historic properties present:
a. intensive cultivation has altered the land
b. residential development/urbanization has altered the land
c. previous grubbing/grading has altered the land
d, an acceptable archaeological assessment or inventory survey found no
historic properties
—x—e. other Archaeological sites at this elevating unlikely given results of
assessment on adjoh ing property and other investigations at this elevation.
Landowners,should.seek.approval.for any required gruhhing or grading permits.
2. This project has already gone through the historic preservation review process.
a. mitigation has been completed
b. other:
—x—Thus, we believe that "no historic properties will be affected" by this
undertaking.
Signed ` ate C)
MaryAnne B. Maigret, Assistant Archaeologist
Historic Preservation Division, Hawai'i Island
EXHIBIT D
f''i•`7���
Hairy ICm Christopher J. Yuen
Ahryor
Director
-N�YyP,•r
Roy R. T kemoto
Depuly Director
f
101 Pauahi Strect, Saito 3 - Kilo,Hawnii 96720-3043
(808)961-8.288 0 Fax (808)961-9742
April 13, 2005
Chrvstal T, Yamasaki, LPLS
Wes Thomas Associates
r 5-5749 Kalawa Street r' 7
Kailua-Kona, Hi 96740-1818
Dear Ms. Yamasaki:
TENTATIVE APPROVAL
SUBDIVIDER: MALLAMPATI, Sashagiri R.
pro,00sed Subdivision of Lot 9 of Block 4,
Kaloko Mauka Subdivision, Increment 1 (FP 994),
Being a Portion of R. P. 8214, L. C. Aw. 7715, Ap, 11,
Into Lots 9-A to 9-D
Kaloko, North Kona, Island of Hawaii, Hawaii
TMK, 7-3-025.012 (SUB 2003-0179)
Please be informed that Tentative Approval of the preliminary plat map elated December 12, 2003, is
hereby granted with modifications and conditions.
The a6divider is now authorized to prepare detailed drawings of the subdivision plan in accordance with E
Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be
granted, the following conditions must be met:
1) Water System
a) Provide a water system meeting with the approval of the Department of Water Supply,
b) Submit water system construction plans for approval by affected agencies.
c) Pay installation and facilities charges as required by the Department of Water Supply.
2) Drainage.
a) Identify all watercourses and drainage ways and designate areas within as "approximate areas of
flood inundation."
11awrli'i 0)11)1lr is car figrnll Opporhmil.v A--wider and EinpluYer
EXHIBIT E
Chrystal T. Yamasaki, LPLS
Wes Thomas Associates
Page 2
April 13, 2005
3) Access and Roadway Improvements
a) Provide adequate sight distance for safe ingress and egress to Kaloko Road. Where available
sight distances are inadequate, sight distance easements shall be provided to achieve adequate
sight distance.
b) Access to all lots shall be from one common access road. Provide 10-ft. wide"no vehicular
access" planting screen easement fronting Kaloko Drive, exclusive of the common access road.
c) For the common access road, construct 20-ft.wide minimum agricultural pavement within a 50-ft.
wide minimum right-of-way conforming to Department of Public Works Standard Detail R-39.
Where grades are 8%or greater, the roadway section shall be paved per Department of Public
Works Standard Detail R-34,
d) Submit construction plans and drainage report for review and comment. Additional storm runoff
due to development shall be disposed within the subdivision and shall not be discharged onto
adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH)
drywell requirements, including issuance of an underground injection control (UIC) permit to the
subdivider.
4) Comply with all conditions of approved Change of Zone Ordinance No. 98 91 (REZ 896), specifically
the following conditions;
"D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the
Planning Director within five (5)years from the effective date of this ordinance. The applicants
shall reserve the following easements and special setbacks in perpetuity for purposes of
i protecting and maintaining naturally forested areas and delineate such easements and setbacks
on plans submitted for subdivision review:
1. a 60-foot wide "forest reserve easement" along the existing public street frontage of the
subject property, exclusive of sight easements required by the Department of Public Works
and access points 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
P 3. a 60-foot wide structural setback in lieu of the required 30-toot setback along the property's
public street frontage to provide an additional buffer.
"E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting Kaloko Drive
shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive
covenant(s) shall also specify that, including the area comprising the forest reserve easements
described in Condition D, no less than sixty-seven percent(67%)of the entire lot area shall be
retained in forest. A copy of the proposed covenant(s)to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in
an instrument executed by the applicants and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
Chrystal T.Yamasaki, LPLS
Wes Thomas Associates
Page 3
April 13, 2005
`F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the
construction of a second dwelling unit on each lot. A copy of the proposed covenant(s)to be
recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant(s) shall be recited in an instrument executed by the applicants and the County and
recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval.
G. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject
property shall require the individual owners of the proposed lots to file a conservation plan with
the Kona Soil and Water Conservation District, with a copy of the approved plan submitted to the
Planning Department, prior to any land alteration activities within any of the respective agricultural
lots.. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shali
be submitted to the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicants and the County and recorded with the Bureau of Conveyances prior to
the issuance of Final Subdivision Approval.
"H. A Forest Management Plan for the proposed lots within the subject property shall be prepared
1 and submitted for review and approval by the Planning Director in consultation with the State
Department of Land and Natural Resources, the State Department of Health, the State
Department of Agricultural and the U.S. Department of Natural Resources Conservation Service.
The Forest Management Plan shall require the following:
9. Include at a minimum, the best forest and reforestation practices, program for
implementation and other applicable forestry management criteria, including those of the
State Department of Land and Natural Resources, such as the Forest Stewardship Program
or the Soil Conservation Service Management Program.
2. The Forest Management Program shall include a restrictive covenant for the proposed lots
within the subject property which shall be recorded with the Bureau of Conveyances and/or
Land Court. A copy of the covenants shall be submitted to the Planning Director for review
and approval prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant(s)shall be recited in an instrument executed by the applicants and the County and
recorded with the Bureau of Conveyances prior to the issuance of Finai Subdivision
Approval.
3. If more than twenty-percent(20%)of the subject property has been cleared or grubbed prior
to the submittal of the Forest Management Plan or the recording of the restrictive
covenant(s), the reforestation program for any cleared or grubbed area(s) in excess of the
20%within the subject property shall be substantially implemented prior to the issuance of
Final Subdivision Approval.
Chrystal T. Yamasaki, LPLS
Wes Thomas Associates
Page 4
April 13, 2005
4. The Forest Management Plan shall govern the proposed lots within the subject property for
a period of fifty (50)years and its termination may be considered after the 50-year period
has elapsed by amending this ordinance requiring County Council approved by ordinance.
"I. 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.
"J. Access(es) to the subject property from Kaloko Drive shall be constructed in a manner meeting
with the approval of the Department of Public Works.
"K. The applicant shall make its fair share contribution to mitigate potential regional impacts of the
subject property with respect to roads, parrs and recreation, fire, police and solid waste disposal
facilities. The amount of the fair share contribution shall be the sum which is the product of
multiplying the number of residential lots proposed to be subdivided by the amounts allocated
hereinbelow for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject property is
subdivided in two or more increments, the amount of the fair share contribution due and payable
prior to final subdivision approval of each increment shall be a sum calculated in the same
manner according to the number of proposed residential lots in each such increment. The fair
share contribution, in a form of cash, land,facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, provided that the fair share contribution to
1 address the potential road impacts shall be in the form of cash and shall be applied to improving
the Kabko Drive/Hawaii Pelt Road intersection. The fair share contribution shall have a
maximum combined value of$7,239.16 per single-family residential unit. Based upon the
applicant's representation of intent to develop up to four(4) residential units, the indicated total of
fair share contribution is $28,956.64 for single-family residential units. However, the total amount
shall be increased or reduced in proportion with the actual number of units according to the
calculation and payment provisions set forth in this Condition L. The fair share contribution shall
be allocated as follows:
1. $3,490.85 per single-family residential unit for an indicated total of$13,963.40 to the County
j to support park and recreational improvements and facilities;
2. $168.40 per single-family residential unit for an indicated total of$673.60 to the County to
support police facilities;
3. $332,61 per single-family residential unit for an indicated total of$1,330.44 to the County to
support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of$582,48 to the County to
support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of$12,406.72 to the State
or County to support road and traffic improvements.
Chrystal T. Yamasaki, LPLS
Wes Thomas Associates
Page 5
April 13, 2005
The fair share contribution described above shall be adjusted annually beginning three years
after the effective date of the change of zone, based on the percentage change in the Honolulu
Consumer Price Index(HCPI). In lieu of paying the fair share contribution,the applicant may
construct and contribute improvements/facilities related to parks and recreation, fire, police, solid
waste disposal facilities, and roads within the region impacted by the proposed development,
subject to the approval of the director. For purposes of administering Condition L, the fair market
value of land contributed or the cost of any improvements required or made in lieu of the fair
share contribution shall be subject to review and approval of the director, upon consultation with
the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the director,the director
shall submit a final report to the Council for its information that identifies the specific approved fair
share and/or in lieu contributions, as allocated, and further implementation requirements.
5) Property Tax Certification. Submit written proof that all taxes and assessments on the property are
paid to date.
6) Surveyor's Certification, Place property markers in accordance with the final plat map. Surveyor shall
submit certification upon completion.
7) Final Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23,
Subdivisions,within one year from the date of tentative approval, on or before April 13, 2006. If not,
tentative approval to the preliminary plat map shall be deemed null and void, Only upon written
request from the subdivider and for a good cause can a time extension be granted,provided it is
submitted forty-five (45) days before the expiration of said period of one year. As part of final plat map
submittal,the Planning Director requests an additional copy of the final plat map be submitted as a
°.dwg"or".dxf' diskette file prepared by CAD software.
I 8) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of
i the preliminary plat map within three (3)years of said tentative approval, on or before April 13,2008.
An extension of not more than two(2) years may be granted by the director upon timely request of the
subdivider.
Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns
emerge such as environmental problems or other problems which were earlier overlooked or not
anticipated/accounted for in data/reports available to date, this could be sufficient cause to immediately
cease and desist from further activities on the proposed subdivision, pending resolution of the problems.
The Planning Director shall confer with the listed officers to resolve the problems and notify you
accordingly,
No final approval for recordation shall be granted until all the above conditions have been met,
Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision.
Chrystai T. Yamasaki, LPLS
Wes Thomas Associates
Page 6
April 13,2005
Should you have any questions,please feel free to contact Ed Cheplic of this department.
Sincerely,
CHRIST PHER J. YUET?"A
Planning Director
ETCIDSA:Inm
P:1WP60\SUBDI\A0ocuments%Suhc2065-2k20030179Ma1EamPatiTA.doc
Enc. - PPM (12-12-03)
xc: Manager, DWS
Director, DPW
District Environmental Health Program Chief, DOH
District Engineer, DOT
DPW-ENG-KONA
Seshagid R. Mallampati, M.D.
i
i
I
SUZANNE 1).CASE
UAVID Y.ICE 6 a F,H,� CHAR:PERSON
QOVF:'RNOR QF TIAWAtT �Py'~ .�ta,,8 ''., flOAkO OF LAM)AND NARiW�L RT RCRIRCES
N� CCNV 43SS[1NoN WATFR RLf;OURCE K4ANNUI-t UN1'
ROBERT K MASUDA
G�`yT+d and A6` [l<sT❑rrurr
i,
�t �di AM y :- M.KALEO MANUEL
'ypp `S fi1` I)E"fYI IRLCIOR-Wei IFR
... r„.•' '', AGVATIC xLsOI T,
V W ATWO ANDOciAN RnREATiOFf
RuREA17 CT.CONVF.YANCI-S
CtNWISSION ON WAITR RHOURCE MANAGPNEW
CONSERVATION AM COASTN.EANM
STATE OF HAWAII `ONSIRVAIION AND RU_QtgkCiSDTOkc`''�NT
CN6WIRING
rRYAXD��aTe of4WY'Fa`1 DEPARTMENT OF LAND AND NATURAL RESOURCES IUO.sTDRIC PRREEIRRVA110OTi
KAfI[x3I,AWF,Isi AM)1 fiBRVE COMA4IS.SION
STATE HISTORIC PRESERVATION DIVISION STATEEPPARRS
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD,STE 5SS
KAPOLEI,HAWAII 96707
May 17,2022
IN REPLY REFER TO;
Zendo Kern,Director Project No.2022PR00192
County of Hawaii,Planning Department Doc.No_2205SN 10
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planning@hawaiicour)ty.gov
Dear Mr.Kern:
SUBJECT: Change of Zone Amendment Application No.PL-REZ-2022-000015
Amendment to Change of Zone Ordinance No.06 82(REZ 05-000027)
Archaeological Field Inspection Report
Applicant: Clinton Hinchdiff
Kaloko Abupua`a,North Kona District,Island of Hawaii
TMK:(3)7-3-024:008
This letter provides the State Historic Preservation Division's (SHPD's) revised review of the request for an
amendment to a County of Hawaii Change of Zone Ordinance No. 06 82(REZ 05-000027). The applicant(Clinton
Hincheliff) is seeking a 5-year Time Extension of Condition D (Time to Complete Construction), and to Amend
Conditions E, F and to Delete Condition J. The project application (PL-REZ-2022-000015) was received by our
office on February 14,2022.The original submittal included a memo to agencies,County of Hawaii Rezoning Time
Extension Request, and a site plan. SHPD requested an archaeological field inspection (FI) be conducted for the
project in a letter dated March 4, 2022 (Project No. 2022PR00192, Doc. No. 2203SN03). Our office received the
report titled, Draft Archaeological Field Inspection TMK (3) 7-3-024:008, Kaloko Ahupua`a North Kona District
Island of Hawaii(Haun and Henry, April 2022)on April 19,2022.
The archaeological field inspection consisted of a 100% pedestrian survey of the entire 21.992-acre parcel. The
pedestrian survey occurred between April 13 to April 15, 2022. Ground visibility was fair to excellent throughout
the subject parcel,and no historic properties were identified_
Based on current information, SHPD's determination is no historic properties affected for the proposed project.
Pursuant to HAR §13-284-7(e), when the SHPD agrees that the action will not affect any significant historic
properties,this is the SHPUs written concurrence and historic preservation review ends_
The Hann and Henry (2022) FI report served to facilitate a SHPD project effect determination for the proposed
project. Please send two hard copies of the document clearly marked FINAL,along with a copy of this review letter
and a text-searchable PDF version of the document to the Kapolei SHPD office, attention SHPD Library.
Additionally, please upload a text-searchable PDF copy to HICRIS Project 2022PR00192 using the Project
Supplement option and send a PDF copy to lehua.k.soares@a,hawaii.gov.
SHPD hereby notifies the County the HRS 6E-42 historic preservation review process is ended.
Please contact Sean Naleimaile at(908)933-7651 or at sdan.p.naleimailenhawaii.gov for any questions or concerns
regarding this letter.
EXHIBIT F
Mr. Kern
May 17,2022
Paae 2
Aloha,
44v�bW#2-
Alan S. Downer,PhD
Administrator,State Historic Preservation Division
Deputy State Historic Preservation Officer
cc; Tracie-Lee Camero,tracie-lee.camero4hawaiicounty.lzov
Sidney Fuke,sidf ike(Zi hawaiiantel.net
L �
Stephen K.Yamashire
MAW
r
r ur•i+sr
»xf �a tix�xiri
PLANNING COMMISSION
25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-U52
(008)961-QA • Pax(W)%1-9615
JIIN 2 9 i998
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 98-10)
Applicant: Star Markets, Ltd.
Request: A-20a to A-5a
Tax Man Key: 7-3-25:12 _
The Planning Commission, after a duly held public hearing on June 19, 1998, voted to
recommend for your approval the proposed legislative bill to change the district classification
for approximately 21.353 acres of land from Agricultural (A-20a) to Agricultural (A-5a) at the
Kaloko Mauka Subdivision on the north side of Kaloko Drive at approximately the 2,520 foot
elevation, Kaloko, North Kona, Hawaii.
The applicant originally requested that the property be rezoned from Agricultural (A-20a) to
Family Agricultural (FA-3a). However, based upon testimony presented at the public hearing,
including representations made by the representative of the property owner, the Commission
felt that a proper designation of Agricultural (A-5a) would be more appropriate for the subject
parcel. The Commission recommended favorable consideration of the change of zone based
on the following.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through such a comprehensive policy analysis approach that evaluations and
decisions can be made to better time and stage developments to achieve growth
determined by the General Plan and related planning documents. The implications of
SUN 2 g 19 �
EXHIBIT G ���( �
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
these evaluations and decisions must be also considered as they may have an impact on
similar areas in the County.
The Change of Zone request from Agricultural-20 acres (A-20a) to
Agricultural-5 acres (A-5a) zoned district will conform to the fallowing goals, policies
and standards of the General Plan Land Use and Agricultural Elements:
* Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural and physical environments of the County.
* Zoning request shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with
adjacent zone 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.
* Protect and encourage the intensive utilization of the County's important
agricultural lands.
* The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
* Agricultural land shall be used as one form of open space or green belt.
While the potential for intensive and/or extensive agricultural uses may exist,
the project site is comprised of soils identified as Kiloa Extremely Stony Muck
(rKXD). This soil consist of well drained, thin, extremely stony organic soils over
fragmental A'a lava and is used primarily for woodland and pasture. Soils within the
subject property have been classified as "E" (Very Poor) for agricultural productivity
by the Land Study Bureau's Detailed Land Classification System. Finally, soils within
the subject property are classified as "Unique Agricultural Land" by the ALISH
system. "Unique Agricultural Land" are lands that have the special combination of soil,
quality, location, growing season and moisture supply and which is used to produce
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
sustained high quality and/or high yields of a specific crap when treated and managed
according to modern farming methods. The recordation of deed restrictions for
individual lot owners to file a conservation plan with the Kona Soil and Water
Conservation District will encourage agricultural activities or the presentation of the
lands within the proposed subdivision in a manner consistent with the "Orchard"
designation by the General Plan LUPAG Map and "Unique Agricultural Land"
designation by the ALTSH system. The A-5a zoning is consistent with the
recommendation of the Kona Regional Plan.
The proposed subdivision of 5-acre lots would be compatible with the
agricultural character of lands located within the lower elevations of Kaloko Mauka
Subdivision which are zoned A-5a and A-3a. The 5-acre lot sizes will provide
opportunities for residents who wish to pursue limited agricultural activities, but are
not able to commit to the financial or labor demands placed on them by the larger
20-acre parcels. The applicant has agreed to impose restrictive covenants requiring the
filing of a conservation plan with the Soil and Water Conservation District as well as
restricting the construction of second dwelling units on each subdivided lots.
Lands adjacent and to the north, northwest, and east of the subject property,
above the approximately 2,600 feet elevation, have been rezoned to an A-5a zoned
district since 1995. Lands immediately below the 2,600 feet elevation were rezoned to
A-3a zoned district in 1980 and 1995. Therefore, a favorable recommendation of this
change of zone request will be consistent with the surrounding land use pattern already
established within this portion of Kaloko Mauka Subdivision. However, an increasing
number of parcels are being affected with condominium property regimes. The subject
property is located at the 2,520 foot elevation.
The 'Alala Recovery Plan, prepared in an effort to preserve the habitat of the
critically endangered 'Alala, recommends that portions of Kaloko Mauka Subdivision
above the 3,200 foot elevation be designated as "essential habitat" for the 'Alala. As
part of the Office of State Planning's Five-Year State Land Use District Boundary
Review, the Water Resources Research Center recommends that the high rainfall and
fog-drip area mauka of the 2,000 foot elevation be redesignated into the Conservation
District for protection as a watershed recharge area. The Kona Watershed, which
provides for the recharge of aquifers which supplies most of Kona's drinking water,
includes those lands located within the Kaloko Mauka Subdivision and situated above
the 1,900 foot elevation, which includes the subject property. The subject property,
located below the 3,000 foot elevation, does not seriously compromise the
recommendations of these studies beyond existing conditions. While the subject
property is located below the elevation recommended for preservation as a habitat for
Honorable James Y. Aarakaki, Chairman
and Members of the County Council
Page 4
the 'Alala, it is located above the approximately 2,000 foot minimum elevation
recommended by the Office of State Planning and the Water Resources Research
Center for protection as a watershed area. Approval of the requested change of zone
will not alter the existing land use conditions within Kaloko Mauka Subdivision_
Whether a parcel has an Agricultural zoning with a minimum lot size of 5 or 20 acres,
uses permitted within the Agricultural District will allow for a variety of agricultural
activities to be conducted on the property.
Therefore, a favorable consideration of this request will also complement the
goals, policies and standards of the Land Use and Agricultural Elements of the General
Plan previously cited above.
Primary access to the subject area from the Mamalahoa Highway is provided by
Kaloko Drive, a County roadway having a pavement of approximately 20 feet with 8
foot wide grassed shoulders within an 80 foot wide right-of-way. This road is able to
accommodate the proposed subdivision. The Mamalahoa Highway-Kaloko Drive
intersection is of a "T" configuration without channelization improvements. The
analysis of traffic along Kaloko Drive and at its intersection with the Mamalahoa
Highway found that there are no appreciable delays at this intersection during the AM
and PM peak traffic hours. The State Department of Transportation and County
Department of Public Works have expressed the need for improvements to the
Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is
essential since similar changes of zone may occur throughout the Kaloko Mauka
Subdivision and the creation of additional homesites placing additional traffic burdens
on the intersection.
Water for the proposed subdivision development will be provided by the
existing County's North Kona Water System. Wastewater generated by the proposed
development will be disposed of utilizing an individual wastewater disposal system for
each lot meeting the requirements of the Department of Health. All other essential
utilities and services are or will be made available to support the proposed
development.
An archaeological investigation of the Kaloko ahupua'a was conducted by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the
application, archaeological sites may be located within the subject property. The
applicants stated that no construction or land alteration activity will commence until
such time that the appropriate clearances are secured from the affected State and
County agencies. It is recommended that an archaeological study of the subject
property be submitted for review and approval by the Planning Director, in
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
consultation with the Depar=ent of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD), prior to the submittal of plans for subdivision review. Should
significant historical sites be located within the subject property, an archaeological
preservation/mitigation plan shall be submitted for review and approval by the Planning
Director, in consultation with the DLNR-HPD, prior to the issuance of Final
Subdivision Approval or any land alteration activities.
In addressing potential adverse visual impacts, the clearing of the subject
property for individual homesites and agricultural uses may have on the existing upland
forest character within the subject area, the applicants have proposed a 60-foot wide
"forest reserve easement" for buffer purposes along the existing road, a 60-foot wide
structural setback along the existing roads in lieu of the required 30-foot setback, a
30-foot "forest reserve easement" along all lot lines not covered by the 60-foot
easement and a provision that no-less-than fifty percent (50%) of the entire lot area be
retained in forest. These recommended conditions, which has the support of the
Planning Director, will attempt to preserve the forest corridor so prominent along the
roads of Kaloko Mauka Subdivision.
Based on the above findings, approval of the Change of Zone request from
Agricultural-20 acres (A-20a) to Agricultural-5 acres (A-5a) zoned district would result
in an appropriate land use pattern that will further the public necessity and convenience
and the general welfare.
For your favorable consideration, an amendment to Section 25-8-2, the North and South Kona
District Zone Map, of the County Zoning Code is transmitted.
n
Honorable Tames Y. Arakaki, Chairman
and Members of the County Council
Page 6
For your information, the Planning Director's recommendation is approval from Agricultural
(A-20a) to Family Agricultural (FA-3a). We are enclosing a copy of the application, a copy of
the staff background, the Planning Director's recommendation and various testimony for your
information.
Sincerely,
K. .
Vl--� 1�4
Kevin M. Balog, Chairman
Planning Commission
LSMrMO2.PC
Enclosures
cc: Mr. Thomas H_ Yamamoto
Mr. John T. Fujieki
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
miff SidneyFuke, Planning Consultant
P.D.Box 1345•Hilo.Hawaii 96721 •Planning•variance-Zoning
=70/� Cell; (608)989-0640 •Subdivision-Land Use Permits
E-mail:sidiuke@hawaiiantel.net •Environmental Reports
June 2, 2022
Mr. Keith Okamoto, Manager/Chief Engineer
Department of Water Supply
COUNTY OF HAWAI'I
345 Kekuanao'a Street, Suite 20
Hilo, 11196720
ATTN: Mr. Ryan Quitoriano
Dear Mr. Okamoto:
Subject: Water Commitment Fee—Sunshine Holdings,LLC
Ordinance No. 98 91 (REZ 98-10)
Kaloko Mauka Subdivision North Kona HI TMK:7-3-025: 012
This is to follow up on my discussion with Mr. Ryan Quitoriano of your staff regarding
the "expired" water commitments relating to the subject project. As discussed,the subject
property was rezoned to enable its subdivision into four(4) 5+ acre sized lots.
Mr_ Quitoriano noted that although commitment deposits were made, they have since
expired. Nonetheless,water could be made available subject to the payment of the deposit. In
that regard, please find enclosed a check in the amount of$450.00, representing payment for
three (3) additional commitment deposits for a year, beginning this date. It is our understanding
that the existing lot is exempt from the deposit.
Should you have any questions on this matter,please feel free to contact me. Thank you
very much?
Sincerely,
�V,q �
FUKE SIDNEY
PIanning Consultant
Enclosure
Copy—Mr. Zendo Kern, Planning Director w/o enclosure
Mr. Micah Christensen, Sunshine Holdings,LLC w/o enclosure via email
Andrews, Jessica
From: Sidney Fuke <sidneyfuke@gmail.com>
Sent: Monday,August 29, 2022 7:34 AM
To: Andrews,Jessica
Subject: Re: Request for Amendments to Ord 98 91 - Sunshine Holdings LLC
Good morning Jessica...back to my makeshift homework station
Anyway, in reviewing my submittal and all of your comments in this email
thread, please note the following:
1. Condition F: I apologize for the error. Hence, the suggested wording
is as noted above and restated below:
F. "Restrictive covenant(s)in the deeds of all of the proposed agricultural lots within the subject property shall
prohibit the construction of a second dwelling unit and condominium property regimes (CPR)_on each
lot. A draft 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 approved covenant(s) shall be recited in an instrument executed by the applicants and
the County and recorded with the Bureau of Conveyances prior to 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.
2. Existing Condition I (Drainage Study): The first sentence is new, as I
used the language of the Clinton Hinchcliff time extension that
recently was approved. In the interest of consistency, you could include
it or eliminate it. One way or another, we are fine with either
approach.
3. Existing Condition M (Fair Share): Perhaps the confusion is the ... is
used to abbreviate the existing wording. The intent here is merely to
update the value.
I hope that the above answers your questions. If not, please do contact
me. Have a productive but stress-free week!
Cheers!
Sid
On Fri, Aug 26, 2022 at 3:35 PM Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>wrote:
Planning Dept. 1
Exhibit 2
Thanks, Sid. I have a couple other questions regarding what look to be conditions from Hinchcliff.
Are you proposing to modify the existing Condition I and add a new condition (new Condition 1)? Please refer to page 5
—6 of the application.
Also,the Fair Share condition, Condition M, does not match the original ordinance. Can you clarify what is the request
for this condition?
Thanks,
Jessica
From: Sidney Fuke<sidneyfuke@gmail.com>
Sent: Friday, August 26, 2022 3:20 PM
To:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>
Subject: Re: Request for Amendments to Ord 98 91 -Sunshine Holdings LLC
Hi Jessica,
The issue with using a similar application (Hinchliff) - things look the
same but are not necessarily the same. Such is the case. At any rate, the
was merely to add the term State of Hawaii and not have the
recordation be a requirement of final subdivision approval. As such, it
should read as follows:
F. "Restrictive covenant(s) in the deeds of all of the proposed agricultural lots within the subject property
shall prohibit the construction of a second dwelling unit and condominium property regimes (CPR) on each
lot. A draft 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 approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances prior to issuance of Final Subdivision
2
Approval.] A copy of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
Hope this answers the convolution. If not, please let me know. Have a nice weekend!
Sid
On Fri, Aug 26, 2022 at 2:20 PM Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>wrote:
Hi Sid,
I'm working on the reports for this application and came across an inconsistency. Condition F in the application is not
the same wording as Condition F in the Ordinance. Can you let me know the request for amending this condition,
based off the wording in the ordinance?
I'm including the following for your reference:
Condition F with proposed amendments,from the Application:
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 Mdinance by the County Council_ The owners of the
property may also impose private covenants restricting the Akirnber of dwellings.
A copy of the proposed covenant(s) to be recorded with the State of Hawai'i
Bureau of Conveyances shall be submitted to the Plannir g Director for review
and approval prior to the issuance of Final Subdivision Approval. [A copy of
the approved eovenant(s) shall he 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 cope of the
recorded document $ball be filed with the Planning lie artinent upon its
recei t from the Bureau ofConveyances."
Again, (his condition has not been u illed but-will be addressed subsequent to
issuance of final ubdr'vision approval, Further,for the same real-on noted
above, the Applicant requests deleting the recordation requirement prior to
receipt off anal subdivision approval.
3
Condition F from Ordinance 98 91:
Restrktivc covenjWs) in the deeds of all the propo d agricultural lots shall
prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenaint(s) to be recordrld wiT$ ft Bureau of Conveyances sball be
submitted to the Planning Director for review and approval prior to the issuance
of Fing Subdivision Approval_ A copy of the approved zovenam(s) shall be
recited in are iris;t-ument ex;x~uted by the applicants and the County and recorded
with the Burcau of Conveyances prior t-0 the issuance n#Final Sabdivision
Approval-
Thanks,
Jessica
4
COUNTY OF HAWAI. STATE OF HAWAII
tit. ti-.-�•r.-�.•
BILL NO. 270
(Draft 4)
ORDINANCE NO. 98 91
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-5a) AT KALOKO,NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-25:12.
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, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko,North Kona,
Hawaii, shall be Agricultural (A-5a):
Beginning at the West corner of this parcel of land, situated on the Northeasterly
side of Kaloko Drive,the coordinates of said point of beginning, referred to Government
Survey Triangulation Station "Moanuiahea" being 14,314.38 feet South and 396.49 feet
West and thence running by azimuths measured clockwise from True South:
1. 2250 10' 1,400.00 feet along Lot 1 of Block 4, Kaloko Mauka
Subdivision, Increment 1 (File Plan 994);
2. 3150 10' 373.13 feet along Lot 8 of Block 4, Kaloko Mauka
Subdivision, Increment 1 (File Plan 994);
3. 30 00' 400.62 feet along the Westerly side of Kaloko
Drive;
4. Thence along the Northwesterly side of Kaloko Drive, on a curve to the right with
a radius of 660.00 feet, the chord azimuth
and distance being:
690 05' 1,206.66 feet;
Planning Dept.
Exhibit 3
5. 1350 10' 152.88 feet along the Northeasterly side of Kaloko
Drive, to the point of beginning and
containing an area of 21.353 Acres, more or
less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
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 required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date
of this ordinance. The applicants shall reserve the following easements and
special setbacks in perpetuity for purposes of protecting and maintaining
naturally forested areas and delineate such easements and setbacks on plans
submitted for subdivision review:
1. a 60-foot wide "forest reserve easement" along the existing public street
frontage of the subject property, exclusive of sight easements required
-2-
by the Department of Public Works and access points 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
3. a 60-foot wide structural setback in lieu of the required 30-foot setback
along the property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
Kaloko Drive shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the
area comprising the forest reserve easements described in Condition D, no less
than sixty-seven percent (67%) of the entire lot area shall be retained in forest.
A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances
approval prior to the issuance of Final Subdivision Approval.
F. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall
prohibit the construction of a second dwelling unit on each lot. A copy of the
proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicants and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
-3-
G. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within
the subject property shall require the individual owners of the proposed lots to
file a conservation plan with the Kona Soil and Water Conservation District,
with a copy of the approved plan submitted to the Planning Department, prior to
any land alteration activities within any of the respective agricultural lots. A
copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the
applicants and the County and recorded with the Bureau of Conveyances prior to
the issuance of Final Subdivision Approval.
H. A Forest Management Plan for the proposed lots within the subject property
shall be prepared and submitted for review and approval by the Planning
Director in consultation with the State Department of Land and Natural
Resources, the State Department of Health, the State Department of Agriculture
and the U.S. Department of Natural Resources Conservation Service. The
Forest Management Plan shall require the following:
1. Include at a minimum, the best forest and reforestation practices,
program for implementation and other applicable forestry management
criteria, including those of the State Department of Land and Natural
Resources, such as the Forest Stewardship Program or the Soil
Conservation Service Management Program.
2. The Forest Management Program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded
with the Bureau of Conveyances and/or Land Court. A copy of the
-4-
covenants shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of
the approved covenant(s) shall be recited in an instrument executed by
the applicants and the County and recorded with the Bureau of
Conveyances prior to the issuance of Final Subdivision Approval.
3. If more than twenty percent (20%) of the subject property has been
cleared or grubbed prior to the submittal of the Forest Management Plan
or the recording of the restrictive covenant(s), the reforestation program
for any cleared or grubbed area(s) in excess of the 20% within the
subject property shall be substantially implemented prior to the issuance
of Final Subdivision Approval.
4. This Forest Management Plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may
be considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
I. A drainage study of the subject property, 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.
Z. An archaeological study/survey of the subject property shall be prepared and
submitted for review and approval to the Planning Director, in consultation with
the Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD), prior to the submittal of plans for subdivision review or any land
alteration activity, whichever occurs first. Should significant historical sites be
-5-
found within the subject property which merit preservation or the
implementation of mitigative measures, the applicants shall prepare and submit
an archaeological preservation/mitigation plan for review and approval by the
Planning Director, in consultation with the DLNR-HPD, prior to the issuance of
Final Subdivision Approval or any land alteration activity, whichever occurs
first.
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. Access(es) to the subject property from Kaloko Drive shall be constructed in a
manner meeting with the approval of the Department of Public Works.
M. The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution,
-6-
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, provided that the fair share
contribution to address the potential road impacts shall be in the form of cash
and shall be applied to improving the Kaloko Drive/Hawaii Belt Road
intersection. The fair share contribution shall have a maximum combined value
of$7,239.16 per single-family residential unit. Based upon the applicant's
representation of intent to develop up to four (4) residential units, the indicated
total of fair share contribution is $28,956.64 for single-family residential units.
However, the total amount shall be increased or reduced in proportion with the
actual number of units according to the calculation and payment provisions set
forth in this Condition L. The fair share contribution shall be allocated as
follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$13,963.40 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$673.60 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total
of$1,330.44 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$582.48 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$12,406.72 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
-7-
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. For purposes of
administering Condition L, the fair market value of land contributed or the cost
of any improvements required or made in lieu of the fair share contribution shall
be subject to review and approval of the director, upon consultation with the
appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements
N. Comply with all applicable laws, rules, regulations and requirements of the
affected agencies for approval of the development within the subject property.
O. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
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.
-8-
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).
Q. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject property 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:
�-
C CIL ME ER, COUNTY, F HAWAII
Hilo, Hawaii
Date of Introduction: August 5, 1998
Date of Ist Reading: August 5, 1998
Date of 2nd Reading: August 19, 1998
Effective Date: August 27, 1998
MPOVED AS TLFRM AND LEGALITY
CORPORATION COUNSEL
DATED: 2 5 7y V
-9-
TRUE NORTH
Scale: 1" = 1,000'
A-20a
A-IOa A-7a
AGRICULTURAL (A-200)
A-20a TO
Kalokc AGRICULTURAL (A-5a)
AREA: 21 .353 ACRES
a
A-IOa A-5a A-20a
KALOKO
a R 1 V E
Mauka
A-20a
A 5a
14,314.38 S A
20a 396.49 W
"MOANUTAHEA'
A-ya A-20a r� 5u6dlv4sion
ono
11-4 0 A-�Pa NO
3 � A-20a
rR�
Fr
A-20a A- a A-15a A-
A-"Sa
A-20a A
A- Oa
A-3a
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, BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-5a) AT KALOKO,
NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK : 7-3-25:12 .TUNE 23, 1998
(STAR MARKETS GTO LOT 9)
EXHIBIT "A"
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
DRAFT 4
ROLL CALL VOTE
Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX
Date Introduced: Au Mt 5 1998 Arakaki X
First Reading: August 5. 1998 Chung X
Published: August 14, 1998 Leithead-Todd X
- - Ray X
REMARKS: Reynolds X
Santangelo X
Smith X
Tyler X
Yagong X
8 0 1 0
ROLL CALL VOTE
Second Reading: August 19, 1998 AYES NOES ABS EX
To Mayor: Au st 24 1998
Returned: _August 27, 1998 Arakaici X
Effective: August 27 1998 Chung X
eP Published:
September 4, 1998 Leithead-Todd x
- Ray X
REMARKS: Reynolds x
Santangelo x
Smith X
Tyler X
Yagong X
7 0 2 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. A^77 -'�
.,..vN COUNSEL
CUU,J!Y OF '.-"A dA11
Gate
t
Approved/D�f this Z dayL11COU CIL CHAIRMAN
��_
COUNTY CLERK
JYOR, COUN OF HAWAII Bill No.: 270 (Draft 4 )
Reference: C-910.02/PC-134
Ord.No.: 98 91
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAI I
DATE: July 11, 2022
w4we"O&W
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Change of Zone Amendment Application No. PL-REZ-2022-000032
Amendment to Change of Zone Ord. No. 98-91 (REZ-98-000010)
Applicant: Sunshine Holdings, LLC
Request: Amendment for a 5-year Time Extension to Condition D (Time
to Secure Final Subdivision Approval), Amend Conditions E,
F and M, and Delete Conditions G and J
TM K: 7-3-025.012
We have reviewed the subject request forwarded by your memo dated June 14, 2022 and
provide the following comments:
Condition D - We have no objection to the proposed changes to Condition D.
Condition E - We defer to the Planning Department regarding the proposed changes to
Condition E.
Condition F - We defer to the Planning Department regarding the proposed changes to
Condition F.
Condition G - We have no objection to the deletion of Condition G. However, we
recommend that if long term agricultural operations are to take place, then a conservation
program with the applicable soil and water conservation district is more appropriate. An
approved conservation program would be an exclusion to a Chapter 10 permit which is
intended for construction activities.
Condition J - We wish to clarify that approval from the Department of Land and Natural
Resources-State Historic Preservation District will still be required for specific grubbing
and grading activities as a requirement of Hawaii County Code, Chapter 10.
Condition M - We defer to the Planning Department regarding the proposed changes to
Condition M.
Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dip;.
Exhibit 4
County of Hawaii is an Equal Opportunity Provider and Ernployer
atwntF:k9
�A
A
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAFD'A STREET, SUITE 20 • HILO, HAWAVI 96720
�oF ruw+s'.
TELEPHONE (808) 961-8050 • FAX(808)961-8657
June 27, 2102)
COH PLANNING DEP
JUN 28 2022 Pm'
Mr. Sidney Fuke '?EC'D HAND DEI..IVE-RED
P.O. Box 1345
Hilo, HI 96720
Dear Mr. Fuke:
Subject: Water Commitment Deposit for Change of Zone Ordinance No. 98-91 (REZ 98-10)
Applicant—Sunshine Holdings, LLC
Tax Map Key 7-3-025:012
This is to acknowledge receipt of the required $450.00 water commitment deposit for the subject
application. We are enclosing Receipt No. 5011532 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations. a water commitment for the proposed
4-lot development in the amount of 1,200 gallons per day, or three (3) additional units of water at an
average of 400 gallons per day, per unit, is hereby granted until June 30, 2025. with the following
conditions:
1. Construct necessary water system improvements.which shall include, but not be limited to:
a. installation of service lateral that will accommodate a 5/8-inch sized meter to each lot,
and
b. subject to other agencies' requirements to construct improvements within the road
right-of-way Fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
Submit construction plans and design calculations prepared by a professional engineer.
architect, or land surveyor, registered in the State of 1-lawai'i, for review and approval.
?. Remit the prevailing facilities charge and capital assessment fee, which is subject to change, as
shown below:
FACILITIES CHARGE [FC):
IS' unit C $1319.001unit $1,319.00
Three�_add_itio_nal units (a�. $6,095.00/unit $1&285.00
Total FC $19,604.00
Planning Dept.
Exhibit 5 . . . Water, aur,14ost Tr'ecious q?�svurce. . . K WWai-A one. . .
The Department or Water supply is an Equal Opportunity provider and employer.
Mr. Sidney Fuke
Page 2
June 27. 2022
CAPITAL ASSESSMENT FEE (CAF):
Three (3) additional units i-) $500.001unit $1.500.00
WATER COMMITMENT DEPOSIT CREDIT (WCD):
Three (3) additional units 4 $150.001unit ($450.00)
FC Balance $20,654.00
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 con-unitment 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 acid unrelated items. In the event that water commitment deposits exceed the
facilities charge, no refunds are applicable.
3. Should it be necessary, submit the appropriate documents, properly prepared and executed, to
convey the water system improvements and necessary easements to the Water Board of the
County of 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
Regulations. Noncompliance may be cause for voiding this water commitment. at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, please contact Mr. Ryan Quitoriana of our Water Resources and
Planning Branch at (808) 961-8070, extension 256.
Sincerely yours,
""Ai6
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
Enc.
copy - Planning Department
COH PLFIN DIG [KEPT
iti µ.a 7 JUL O 2022 PH2:05
l.: ..
9' DEPARTMENT OF WATER SUPPLY • COUNTY DF HAWA1`I
-.....�'a= 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720
OF HaN 11[
TELEPHONE (808)961-8050 - FAX (808) 961-8657
July 6, 2022
TO: Mr. Zendo Kern, Director
!Tanning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zane Amendment Application No. PL-REZ-2022-000032
Amendment to Change of Zone Ordinance No. 98-91 (REZ 98-000010)
Applicant—Sunshine Holdings, LLC
Request—Amendment for a 5-Year Time Extension to Condition D
(Time to Secure Final Subdivision Approval), Amend Conditions E, F and M,
and Delete Conditions G and J
Tax Map Key 7-3-025:012
We have reviewed the subject application and have the following comments and conditions.
The requirements from our memorandum dated June 27, 2022, to Mr. Sidney Fuke and copied to your
department, regarding the proposed application, still stand.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
Keith K. Okamoto, P.F.
Manager-Chief Engineer
TS:dfg
copy - Mr. Sidney Fuke, Planning Consultant
Sunshine Holdings, LLC
Planning Dept.
Exhibit 5 Water, Our94ost(Precious&source. . . Yji Wai,i Kane. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE June 14, 2022
Memorandum
TO CLINTON MERCADO, PLANNING DEPARTMENT
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BUREAU
SUBJECT: SUNSHINE HOLDINGS LLC'S CHANGE OF ZONE AMENDMENT
APPLICATION
In regards to the above mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii
County Code. For any questions please email Clinton.BaybayanLhawaiicountygov or call 808-
323-4761.
Respectfully Submitted,
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit
4 •�•F.~t SULA. FE D.CA$P
6AVtD Y.lGE A►, Boas�'Y CHAIRPERSON
GOVERNOR OF KKW All �,-° BOA ADO F LAND AND NATURAL R MOVRCE$
i r } COWW SSION ON?WATER RESOURCE
!NANAGEM�NT
tip
„a " f
STATE OF HAWAH
Orr DEPARTMENT OF LAND AND NATURAL RESOURCES c
LAND DIVISION ru
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
f\]
Jun 16, 2022 W
MEMORANDUM
TO: DLNR Agencies: *s
_Div. of Aquatic Resources
au
_Div. of Boating & Ocean Recreation
XEngineering Division DLNR.ENGR hawaii. ov)
X Div. of Forestry& Wildlife (rubyrosa.t.terraao a�7, hawaii pov)
—Div. of State Parks
XCommission on Water Resource Management (DLNR.CWRM hawaii, ov)
_Ofnce of Conservation & Coastal Lands
X Land Division— Hawaii District ordon.c.heit(@hawaii. ov)
FROM: Russell Y. Tsuji, Land Administrator Ru55e11 Tsujr
SUBJECT: Change of Zane Amendment Application No. PL-REZ-2022-000032) —
Amendment to Change of Zone Ordinance No. 98-91 (REZ-98-000010) —
Request for Amendment for a 5-year Time Extension of Condition D (Time to
Secure Final Subdivision Approval), Amend Conditions E, F, and M, and
Delete Conditions G and J
LOCATION: North Kona, Island of Hawaii; TMK: (3)7-3-025:012
APPLICANT: County of Hawaii on behalf of Sunshine Holdings, LLC
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by July 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 darlene.k.na'kamura@hawaii.gov. Thank you.
BRIEF COMMENTS: [ } We have no objections.
{ } We have no comm nts.
( } We have n iti comments.
Comment I /attached,
Signed:
Print Name: David G. Smith.Administrator
Division: FQrestQL and hWdlife
Date: June 22 2022 _
Attachments
CC.' Central Files
Planning Dept.
Exhibit 7
CHARIPERSON
DAVID V.ICE S F ❑ "i BOARD OF LANT3 AND NATURAL RESGLR[@5
GOVERNOR OF KAWA,II F Ly9 88. T CpMMISMOA ON WATER RESOURCE MANAGEMErr7
ROSE RT 1C MA.SrUOA
FIRST DEPUrr
tQ hf.ItALEO MAN[fEL
m
�, DEPUTY DaTcroR-W ATEA
$ d- ;•u= AQUAMCRESOiWT-5
RflATlti[:A m CX:FAN!RECREATION
BUREAU OF CON%1YAXCES
COMMSSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAII CONSERVATION ANM COASTAL LANDS
A All CGNSERVATMN AND RESOURCES E?,T0RaMENr
DEPARTMENT OF LAND AND NATURAL RESOURCES ENGa�b
DIVISION OF FORESTRY AND WILDLIFE `ORESTR MISTrMCP"RFESERRV WILDLIFE
1151 PUNCHBOWL STREET,ROOM 325 '�"°OOLA`EI L"LAND RESERVE CO""tSSSON
unv
HONOLULU,HAWAII 96813 STATE PAAKS
MEMORANDUM
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 for the Change of Zone Amendment
Application from the County of Hawaii on behalf of Sunshine Holdings, LLC to
Complete Subdivision of a Property within the Kaloko Mauka Subdivision
The Department of Laud and Natural Resources, Division of Forestry and Wildlife (DOFAW) has
received your request for comments for the Change of Zone Amendment Application (No. PL-REZ-
2022-000032) regarding a property located within the Kaloko Mauka Subdivision, in North Kona, on
the island of Hawaii; TMK: (3) 7-3-025:012. The proposed project consists of requesting an
amendment to the Change of Zone Ordinance No. 98-91 (REZ-98-000010) by granting a time
extension of five (5)more years (Condition D) to secure final subdivision approval of the subject site
into four 5+ acre lots. Other associated requests include amending conditions E (Easement &
Setbacks),F(Prohibition to Construct a Second Dwelling-Unit and Condominium Property Regimes),
and M (Fair Share Contributions to Mitigate for Road Impacts), and deleting conditions G (Submittal
of Plans to the Kona Soil and Water Conservation District) and J (Submittal of an Archeological
Survey)-
The State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semolus) could potentially
occur at or 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 1 through
September 15). During this period woody plants greater than 15 feet (4.5 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 material during flight.
Artificial lighting can adversely impact seabirds that may pass through the area at night by causing
them to become disoriented. This disorientation can result in their 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 of Hawaii please
visit hqps:/idlnr.hawaii.gov/wildlife/files/2016/03 IDOC43.9.pdf.
The State listed Hawaiian Goose or Nana(Branca sandvicensis)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, then all activities within 100 feet (30 meters) should cease, and the bird or birds
should not be approached. Work may continue after the bird or birds leave the area of their own accord.
If a nest is discovered at any point,please contact the Hawaii Island Branch DGFAW Office at(808)
974-4221.
The State listed Hawaiian Hawk or `Io(Buteo solitarius)may occur in the project vicinity. DGFAW
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.
We also recommend that surveys for rare and endangered plants be conducted in all proposed affected
areas prior to commencing work due to the potential presence of them. If any listed species are found,
please notify DGFAW at(808)587-0166.
DGFAW 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(BIISQ at(808)933-3340 to help plan,design,and construct the project,learn of any high-
risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and
personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive
species.
To prevent the spread of Rapid `Ohi`a Death (ROD), DGFAW requests that the information and
guidance at the following website be reviewed and followed if`6hi`a trees are present at the project
site that will be removed,trimmed, or potentially injured:htti2s://cms.ctahr.hawaii.edu/rod,
DGFAW 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. DGFAW also recommends consulting the Hawaii-Pacific Weed Risk
Assessment website to determine the potential invasiveness of plants proposed for use in the project
(h s:llsites. oc le.coznlsitelwee iskassessmenUhorne). Please refer to www. lan ono.or for
guidance on the selection and evaluation of landscaping plants.
We appreciate your efforts to work with our office for the conservation of our native species. These
comments are general guidelines and should not be considered comprehensive for this site or project.
It is the responsibility of the applicant to do their own due diligence to avoid any negative
environmental impacts. 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 paul.m.radley0hawaii.gov.
Sirto
DAVID G. SMITH
Administrator
DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D.
GOVERNOR OF HAWAII p �B ev a y DIRECTOR OF HEALTH
„1°
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: June 30, 2022
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Amendment Application (PL-REZ-2022-000032)
Amendment to Change of Zone Ordinance No. 98-91 (REZ-98-000010)
Applicant: Sunshine Holdings, LLC
Request: Amendment for a 5-year Time Extension to Condition D, Amend
Conditions E, F and M, and Delete Conditions G and J
TMK: 7-3-025:012, North Kona, Hawaii
The subdivision consists of less than 50 lots/dwelling units. The use of individual wastewater
systems is allowed. The type and number of individual wastewater systems to be used on each
lot will be determined by the wastewater rules in effect at the time of building permit
application(s).
The Department of Health(DOH), Clean Water Branch (CWB), offers the following comments:
Permit Issuance
* Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
* A Section 401 Water quality Certification (WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
May result in a discharge into State waters. The term "discharge" is
Planning Dept.
Exhibit 8
Zendo Kern
July 1, 2022
Page 2 of 4
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https:Heha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http://health.hawaii.gov/cwb/.
• National Pollutant Discharge Elimination System (NPDES)permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
(ix) and (xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
-Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
Zendo Kern
July 1, 2022
Page 3 of 4
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https:Heha-cloud.doh.hawaii.gov/epermit/.
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOL The NOI is available on the
e-Permitting Portal website located at:
https:Heha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrLinoffcontrol.
Zendo Kern
July 1, 2022
Page 4 of 4
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter,please contact the Department of Health at 933-
0917.
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
DAVIDY.IGE �w ®oF �`µ, JADET.BUTAY
GOVERNOR fay' wg�s� ro,! DIRECTOR
Yy �
Deputy Directors
ROSS M.HIGASHI
EDUARDO P.MANGLALLAN
EDWIN H.SNIFFEN
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION DIR 0586
869 PUNCHBOWL STREET HWY-PS 2.9060
HON®LULU, HAWAII 96813-5097
July 21, 2022
VIA EMAIL: planning@hawaiicounty.gov
Mr. Zendo Kern
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Mr. Clinton Mercado
Dear Mr. Kern:
Subject: Change of Zoning Condition Amendment(REZ 2022-000032)
Kaloko Mauka Subdivision (Ordinance 98-91)
State Mamalahoa Highway, Hawaii
Tax Map Key: (3) 7-3-025:012 -North Kona, Hawaii
Thank you for your letter dated June 14, 2022, and the opportunity to review the request to
amend the zoning conditions. The application was approved in August 1998 to allow the
rezoning and subsequent subdivision for a 21-acre Agricultural-zoned lot into 4, 5-acre Family
Agricultural-zoned lots. The project site is located at the northeast corner of Kaloko Drive and
the State Mamalahoa Highway (Route 190).
The Petitioner requests to amend the subject ordinance to allow an additional five-year time
extension for Final Subdivision approval under Condition D, including Conditions E and F
(Covenant), and Condition M that relates to fair share requirements. The request also includes
the deletion of Condition G (Covenant) and Condition J (Archaeological Study). The amended
request for Condition M states that:
"The applicant shall make its fair share contribution to mitigate potential regional impacts of the
subject project with respect to roads,parks and recreation, fire,police and solid waste disposal
facilities.......Upon approval of the fair share contributions or in lieu contributions by the
director, shall submit a final report to the Council for its information that identifies the specific
approved fair share and/or in lieu contributions, as allocated, and further implementation
requirements."
Planning Dept.
Exhibit 9
Mr. Zendo Kern HWY-PS 2.9060
July 21, 2022
Page 2
We do not have any objections to amend Condition D, to allow the Petitioner a 5-year extension
on the proposed development. We understand that the County of Hawaii is responsible for the
improvement plans of the intersection of State Mamalahoa Highway and Kaloko Drive and has
been collecting the fair share funds from the landowners. Therefore, the Hawaii Department of
Transportation (HDOT) does not have any objections to amend Condition M. As a reminder, we
have requested the County to coordinate any upcoming traffic improvement plans with our
HDOT, Highways Division, Hawaii District Office.
If you have any questions,please contact Jeyan Thirugnanam, Systems Planning Engineer,
Highways Division, Planning Branch at(808) 587-6336 or by email at
jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2022-108.
Sincerely,
4-1*t
JADE T. BUTAY
Director of Transportation
SidneyFuke, Planning Consultant
P.O.Box 1345 •Hilo,Hawaii 96720
Cell:(8(18)989-0640 •Planning•Variance•Zoning
E-mail:sidnWLike@gmail,com •Subdivision•Land Use Permits
•Environmenfal Reporis
July 8, 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—Sunshine Holdings, LLC
TMK: 7-3-025: 012 (REZ 2022-000032)
We would like to use this means to respond to agency comments, to date, regarding
the subject application.
1. The Department of Water Supply noted that the water commitment fee has been
paid and is thus current. It also outlined the technical requirements to have its
water system service each of the proposed lots. The Applicant will comply with
these requirements prior to or in conjunction with the subdivision approval
process.
2. The Police De artment had no comments to offer.
3. The Fire Department noted that the requirements of the Fire Code relative to
access need to be complied with. Life the water requirements,they will be
addressed, and any required improvements made prior to or in conjunction with
the subdivision approval process.
4. Finally, the State Department of Health noted that individual wastewater system
will be allowed. In this case, it will be the septic system and installed in
conjunction with the building permit process. The Department's requirements, if
applicable, relative to National Pollutant Discharge Elimination System
(NPDES) will be complied with prior to construction of activities requiring
discharge into the ground, such as a drywell. Furthermore, all noise and air
quality requirements will be adhered to by the contractor during the construction
phases of this project.
Planning Dept.
Exhibit 10
Mr. Zendo Kern, Director
July 8, 2022
Page 2
We trust that this sufficiently responds to the various agency's comments to date. If
not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
incerely,
SIDNEY M. FUKE
Planning Consultant
Copy—Sunshine Holdings, LLC, ATTN: Mr. Micah Christensen via email
Sidney Fuke, Planning Consultant
PO Box 1345• Hilo, Hawaii 96721 •Planning•Variance•Zoning
Telephone:(808)989-0640 •Subdivision• Land Use Permits
J9 Email:sidnevfukePgmail.corn • Environmental Reports
August 1, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo,Hl 96720
Dear Mr. Kern:
Subject: Response to Additional Agency Comments
Rezoning Application—Sunshine Holdings,LLC
TMK: 7-3-025: 012 REZ 2022-000032
We would like to use this means to respond to additional agency comments, to date,
regarding the subject application.
1. The various divisions of the State Department of Land and Natural Resources
Water Supply commented as follows:
a. The Land Division and Engineering Division noted no continents or
objections to the request.
b. The Division of Forestry and Wildlife (DOFAW), however, offered
comments similar to other applications in this area relating to the possible
presence of the Hawaiian Hoary Bat, Hawaiian Goose, and Hawaiian Hawk
and thus recommended certain mitigation. In that regard:
• massive site clearing will avoid the months of June 1 through
September 15. Should there be any clearing, however, woody plants
taller than 15 feet will not be disturbed, removed, or trimmed.
• barbed wire will not be erected.
• lights will be shielded, and no nighttime construction work will be
done.
• while unlikely, should the Nene goose be present during the
construction phase, all activities within 100 feet of the goose will
cease.
• prior to cutting any trees, observations of the Hawaiian Hawk will be
made to assure there are no nesting activity.
The applicant does not intend to import soil, except indirectly through
planting and related agricultural activities. The applicant wants to retain as
much of the existing Ohi'a on the site, as such, care will be taken to avoid the
Planning Dept.
Exhibit 11
Mr. Zendo Kern, Director
August 1, 2022
Page 2
spread of Rapid Ohi'a Death as well as the introduction of invasive species,
particularly the fire ants.
It should be noted that the applicant will be obligated to provide a Forest
Management Plan, much of which will address the comments of DOFAW.
2. The State Department of Transportation essentially had no objections to the
request relative to the amendment to the Kaloko Drive intersection
improvements. Noting the accumulation of fair share funds, it added that "we
have requested the County coordinate any upcoming traffic improvement plans
with our HDOT, Highways, Division, Hawaii District Office."
3. The Department of Public Works had no comments or objections to the request.
Instead, it offered "advisory" comments such as the need for State Historic
Preservation approval of any grading/grubbing permit application (which the
applicant is aware of) and the possibility of a conservation program with the US
Soil and Water Conservation District may appropriate. The applicant will
explore that option, which may obviate the need for a grubbing/grading permit.
We trust that this sufficiently responds to the various agency's comments to date. If
not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
S�inncnerely, t,�
NA � Yv
'1
SIDNEY M. FUKE
Planning Consultant
Copy—Sunshine Holdings, LLC, ATTN: Mr. Micah Christensen via email
Andrews, Jessica
From: test <mvpvv@hawaii.rr.com>
Sent: Saturday, September 10, 2022 12:47 PM
To: Kona Letters; Cook-Lauer, Nancy; LPCtestimony
Cc: Sauer, Noriko; Wendy Baez; Inaba, Holeka;Villegas, Rebecca
Subject: Kona Community Development Plan, Mayor and Planning Director. - letter to
editor/"MY TURN",written testimony to LBV re item 2 on Sepy. 22 agge3ndaq.
Mayor Roth and his conflicted Planning Director, Mr. Kern, are taking another step in their previously announced plan
to take away the power of West Hawaii to plan and influence its own future, and contradict their Hilo based doctrine of
development for the developers at any cost. This time it's their unilateral evisceration of the Kona Community
Development Plan (LCDP),which would have the effect of law regulating development in West Hawaii for the next ten
years, by denying it any staff. They say it's a budgetary matter, but that's shibei. Why is only the KCDP a target with the
entire existing staff eliminated, while the mayor has hired additional staff for Hilo departments, and the east Hawaii
development plan has no shortage of staff?
The Hilo based mayor and conflicted planning director Kern see West Hawaii as a source of real property tax income to
support the east side, and are willing to sacrifice West Hawaii residents, infrastructure, and affordable housing. This is
done by developers getting rezoning and subdivision approvals in West Hawaii with impositions based on the time of
their application to the planning director. There often is a lack of honesty or silence on when the project, with its
impositions (e.g. infrastructure and affordable housing), will get built. Often there is no intention and/or financial
capability to build. (Yes developers and their consultants can lie.) After approval, which adds millions in value to their
properties, they get incessant delays from the planning director and then the County Council (10 to 25 years is typical)
with the massive increase in infrastructure and affordable housing needs arising during the delays not considered! Then
the project is sold for a huge profit, without even the old impositions taken care of, and further delays often sought by
the new buyers. Many examples can be given Is this good land planning by the LPC and the Council for their
constituencies, or just gifts to the developers?
West Hawaii is left with huge infrastructure problems (e.g traffic jams on Queen Kaahumanu, Henry Street, Mamalahoa
and Palani, and soon on Hualalai Road), degraded near shore water, etc.). There's thousands of unbuilt, long past
approved housing units, many with infrastructure and affordable housing impositions that are obsolete AND ALSO
UNBUILT. Is this good land planning?Wo's being represented and served?
The mayor has failed with the building permit process the Waipio Valley road, County hires,the County jail (which will
probably result in a lawsuit taxpayers will have to pay for), Hilo trash disposal, recycling, affordable housing,
homelessness, and other matters.. He has shown much disrespect for West Hawaii, He appointed a glib planning
consultant as his planning director, who has ties the the land planning firm which his wife and a former Planning
Department employee appear to be associated, He refuses the practice of disqualifying his Planning Department staff
when he is disqualified for conflict of interest. He has recommended approval of nearly every application for
development.
He and the mayor have purged from the LPC,for"not being nice"to developers,the commissioner who spoke loudly for
the people of West Hawaii, and asked hard questions of developers and the Planning Department. Will the LO PC as
presently made up help? Probably not, without a lot more public written and/or oral testimony, because it is dependent
on the Planning Director's reports, and they always, with few exceptions,find a way to recommend approval to the
County Council.
Planning Dept.
Exhibit 12
As east side council person Kierkiewtz has said, "the developer must be satisfied. So, despite the efforts of our West
Hawaii council persons, most of the east siders may show ignorance or disrespect to west siders and find ways to
approve west side developers' projects and delays,throwing west side residents under the bus.
Next up is the application set before the Leeward Planning Commission on its September 22 agenda by Sunshine
Holdings for a further 5 years after delays already given since 1998, to put in a subdivision in 21+acres in 0 Koloko
Mauka,TMK 3-7-3-256-12,AND FOR ELIMINATION OF IMPOSITIONS FOR THE PUBLIC GOOD: elimination of a
prohibition against condominiums, elimination of a requirement for conservation plans to be filed with the Kona Soil and
Water Conservation District, elimination of an archaeologic survey, and lessening of the 1998 Fair Share contribution
(e.g.for police,fire, EMS, parks, etc.). Having already had 25 years during which they or their buyers didn't develop,
during which the population of Kona grew 100 to 200 percent, Koloko mauka and makai developed extensively, and
Mamalahoa and Palani jammed up,this application is insulting to the people of West Hawaii and deserves a simple and
resounding "NO". The developer can reapply when it can honestly say it will develop, and get contemporary
impositions then. The 0 LO PC and Council should have the courage to act first for the people of West Hawaii and not to
just fatten the developer's bottom line, no matter what the planning director recommends.
Also possibly coming up is a proposed way underfunded "luxury" residential subdivision way down in South Kona,with a
lot of commercial stuff also thrown in. It violates all Plans for this rural area,would require a lot of inappropriate
zoning, has County water, and road safety, problems, and local residents are against it. But it might or might not be
profitable for its mainland backers with enough gullible investors or buyers. Is the fact that Mr. Kern's land planning
company used to represent it help? Remember, Oceanside 1250 went bankrupt with a lot of buyers losing money, and
much of its unmet road obligations became the County's responsibility,. If this comes up, lets see what the LPC and
Council will do with it, after the conflicted Mr. Kern as planning director sees it and makes a "recommendation" if he
isn't disqualified.
THE LPC and the County Council must learn to say"NO"to applications merely for the purpose of facilitating a real
estate sale, or for delays, and require infrastructure and affordable housing be in place without delay. Any request for
delay should be publically heard and vetted by the Council, not secretly by the planning director, since the Council made
the Ordinance requiring the original time for completion.
The LPC,the County Council's Planning Committee, and the Council schedules and agendas, and how to present
testimony in writing, or orally by Zoom,telephone, or in person, is readily available from the County. For change, get
active West Hawaii wth the LPC, Council Committee on 0 Planning, and the Council! For more change elect a West
Hawaii mayor! (It is virtually impossible to change the State of Hawaii Constitution now to provide for a separate
West Hawaii county-but there is the State Constitutional Convention in the future.)
Mark Van Pernis, Kona resident and former Leeward Planning Commission Commissioner and Kailua Village Design
Commission Commissioner.
2