HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-REZ-2022-000035) B StevensonRELCM.12.9.22
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
CHARLES STEVENSON,ANN STEVENSON,AND JOHN FUMO
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000035)
CHARLES STEVENSON, ANN STEVENSON, AND JOHN FUMO have submitted an
application for a Change of Zone from an Agricultural-20 acre (A-20a)to an Agricultural-
10 acre (A-10a) zoning district for 22.665 acres of land. The subject property is located at
73-4375 Haleamau Street, approximately 570 feet northeast (mauka) of its intersection with
Kaloko Drive, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK:
(3) 7-3-027:003.
APPLICANT'S REQUEST
1. Applicant's Request: The applicants are requesting a Change of Zone from A-20a to
A-10a to subdivide the property into 2 lots approximately 11.3325 acres each.
2. Purpose for the Request: The primary purpose for the request is to create a 2-lot
subdivision to establish fee-simple ownership of the property. The property currently
consists of 2 existing single-family dwellings, one of which was approved as an `Ohana
Dwelling in 1986. If the requested rezoning is approved, the applicant proposes to
subdivide the property into 2 lots, each of which will accommodate one of the 2 existing
single-family dwellings. No additional improvements to the subject property are currently
being proposed by the applicants.
3. Construction Timetable and Cost: The subdivision process will begin immediately
after approval of the rezone request, with the goal of completing final subdivision
approval in early 2024. The applicants estimate the cost of improvements will be minimal
as no construction is proposed.
4. Landowners: Charles Stevenson, Ann Stevenson, and John Fumo
5. Supporting Information: The applicant has submitted the following in support of their
request. (Planning Department Exhibit 1 — Change of Zone Application dated
August 30,2022)
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BACKGROUND INFORMATION
6. County Council Resolution No. 58 97: On June 2, 1997, the County Council adopted
Resolution No. 58 97, amending the Council's policy relating to the rezoning of district
boundaries within Kaloko Mauka Subdivision. The Council established that a maximum
density of two dwellings per 20 acres for lands within the Kaloko Mauka Subdivision
above the 3,000-foot elevation, with certain conditions, will protect the watershed and
native forest and maintain a low-density pattern. The resolution further recommended
that the Planning Commission consider favorable recommendations for only A-10a
zoning requests for those parcels within the Kaloko Mauka Subdivision above the 3,000-
foot elevation and include the conditions as stated within Resolution No. 58 97, provided
that the request complies with the other goals,policies, and standards of the General Plan.
The subject property is situated between 3,500 to 3,800-foot elevation. In 2016 the
applicants dedicated about 90% of the property as native forest land which is currently
being maintained in accordance with a prepared Forest Management Plan. According to
the Department of Finance — Real Property Tax Division, this dedicates existing native
forest lands to preservation for 20 years. (Planning Department Exhibit 2 — Resolution
58 97 dated June 2, 1997)
STATE AND COUNTY PLANS
7. State Land Use Designation: Agricultural (A).
8. County Zoning: Agricultural-20 acre (A-20a).
9. General Plan LUPAG Map: The General Plan Land Use Pattern Allocation Guide
(LUPAG) map classifies the subject property as Important Agricultural Land (ial).
Important agricultural lands are those with better potential for sustained high agricultural
yields because of soil type, climate, topography, or other factors.
10. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area.
11. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and is regulated by the County. The subject property
is located about 6 miles from the nearest shoreline and not situated within the SMA.
12. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the
Hawaii County Council on September 25, 2008 and most recently amended on
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September 18, 2019, identifies the preferred land use pattern for the Kona districts. The
subject property is located outside of the Kona Urban Area and outside of any Rural
Town Areas.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
13. Subject Property: The 22.665-acre subject property is trapezoid in shape. It is improved
with 2 permitted single-family dwellings and detached related structures. The property
slopes slightly downward from east to west, with a gradual decline from the north to the
south, with the highest point being at the northeast end of the property. Most of the
property is heavily forested with native trees and plants, and there are no topographic
constraints in the proposed 2 lot subdivision.
14. Surrounding Zoning/Land Uses: The surrounding lands are located within the State's
Agricultural (A) District and consists primarily of native forest and single-family
dwellings. The parcels immediately to the north, east, and south of the subject property
are zoned Agricultural-20 acre (A-20a). The parcel to the west, across Haleamau Street,
is zoned Agricultural-10 acre (A-10a). According to the applicants, over the past couple
of decades, individual lots within this subdivision have been rezoned identical to that
requested by the applicants, resulting in subdivisions of these original lots into smaller
parcels. These rezones have occurred to the parcels immediately to the west and southeast
of the subject property.
15. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject
property is classified as Other Important Agricultural Land.
16. Land Study Bureau's Detailed Land Classification System: The soil condition within
the subject property is classified as Class E soil. Class E soil is considered very poor for
agricultural productivity.
17. U.S.D.A. Soil Survey: The Kona-Nap6`opo`o complex consists of highly decomposed
plant material, and similar soils over pahoehoe lava flow with 10 to 20 percent slopes
(PVD).
18. FEMA FIRM MAP: The subject parcel is in an area designated as flood zone Zone X
on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management
Agency (FEMA). Zone "X" is an area determined to be outside the 500-year floodplain.
19. Flora/Fauna Resources: According to the applicant, the subject property is extensive
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tall-stature,more or less closed-canopy `ohi`a forest with a well-developed sub canopy of
hapu`u tree ferns and other native tree species and shrubs. The hapu`u form a dense tree
fern canopy throughout the parcel. There is an abundance of `ie`ie on the ground and
climbing on the `ohi`a trees. Other native understory species in more noticeable
quantities include ho`awa, ma`maki, pilo, kawa`u, kanawao, kolea, olomea, maile, and
ala`ala` wai nui. The plant community type is healthy native forest with a few alien plant
species, most notably banana poka and lemi wai. Common guava and waiawi are present
in a few mature trees and few seedlings. Alien species are continually managed to reduce
the negative impact on the native trees in conjunction with the Forest Management Plan.
Common native Hawaiian birds inhabiting the subject parcel include the amakihi,
apapane, and `elepaio. The formerly federally endangered Hawaiian Hawk inhabits the
general Kaloko mauka area. The Hawaiian Forest Bird Recovery Plan (1983) identified
the upper slopes of Hualalai above the 3000-foot elevation contour as `essential habitat'
for the endangered `akepa and Hawaiian creeper. The federally endangered Hawaiian
hoary bat is widely distributed on the island of Hawaii and has been frequently observed
in the Kaloko mauka area where it can be assumed to be a resident species. Alien animals
in the Kaloko mauka area include a variety of introduced birds including mynah, Chinese
thrush, and pheasants. Alien mammals include feral pig, feral cat, mongoose and both
brown and black rats.
20. Archaeological/Historic/Cultural Resources: No Archaeological and cultural study
was conducted of the property as the subject property has been previously impacted by
ground-disturbing activities associated with residential development and no further
ground disturbance is proposed. The property is located within the boundaries of a pre-
contact age upland agricultural system known as the Kona Field System, which is listed
in the State Inventory of Historic Places. The area was the subject of a reconnaissance
survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the developers of the
Kaloko Mauka Subdivision. In addition, the National Park Service published a report in
1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work at Kaloko
Ahupua`a, North Kona." This study also identified remains of an agricultural field
system up to the 3,500-foot elevation at certain locations. According to the State
Department of Land and Natural Resources - State Historic Preservation Division
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(SHPD), only a small area of the project site has been impacted by the development of
two existing dwellings, no archaeological inventory survey has been conducted within the
subject parcel and no historic properties have been previously identified. SHPD's
determination is that no historic properties will be affected, however they request the
opportunity to review future permits for the subject property.
According to the applicants, it is not known whether the subject property was used in the
past for the gathering of plants by Native Hawaiians. However, if legitimate gathering
claims are made by Native Hawaiians, the applicants intend to respect and honor such
claims and provide the legal and needed access within the site.
Public Access: There is no known public access to the mountain or shoreline that
traverses through the subject property.
Traffic: The property has already been developed with 2 existing single-family
dwellings and no additional development is being proposed, therefore, there will be no
increase in traffic. A working group has been established to determine improvements
needed at the Kaloko Drive-Mamalahoa Highway intersection and all previous rezones in
the subdivision have been assessed a fair share fee to be used on improving the
intersection.
UTILITIES AND SERVICES
21. Access: Access to the subject property is from Haleamau Street which is a County
owned and maintained road with an 80-foot-wide right-of-way of which 22 feet of it is
asphalt pavement with grass shoulders. According to the applicants, no roadway
improvements will be necessary as the proposed subdivision will be accessible from the
County Road. However, the Department of Public Works (DPW) Engineering Division
advises that all construction within the County right-of-way shall comply with HCC,
Chapter 22, County Streets.
22. Water: The Department of Water Supply (DWS) is currently servicing the 2 existing
single-family dwellings on the subject property with 2 existing water meters fronting the
parcel. According to the applicant, no further units of water will be necessary to support
the proposed 2-lot subdivision.
23. Fire Prevention: According to the Fire Department, Fire Department access and water
supply shall comply with Chapter 18 of the 2018 Hawai'i State Fire Code and Chapter 26
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of the Hawai'i County Code.
24. Wastewater: There is no municipal sewer system servicing the subject area. The 2
existing single-family dwellings on the subject property are currently being serviced by
their own individual wastewater systems that were previously approved by the State
Department of Health (DOH). DOH, Wastewater Branch, had no comments on the
proposal.
25. Essential Utilities and Services: Electrical and telephone services are available to the
subject property and is currently supporting the 2 existing single-family dwellings.
26. Public Safety: The nearest police and fire facilities are located in Kailua and Kealakehe
which is approximately 10 miles southwest of the site.
AGENCIES' COMMENTS
27. Department of Public Works-Engineering Division: (Planning Department Exhibit
3—October 28,2022 Memo).
28. Department of Water Supply: (Planning Department Exhibit 4 — October 7, 2022
Memo).
29. Department of Environmental Management: (Planning Department Exhibit 5 —
October 14,2022 Memo).
30. Fire Department: (Planning Department Exhibit 6—October 3,2022 Memo).
31. State Department of Land and Natural Resources, State Historic Preservation
Division: (Planning Department Exhibit 7—October 3,2022 Memo).
AGENCIES -NO COMMENTS/NO CONCERNS
32. Police Department, State Department of Transportation, State Department of Health,
State Department of Land and Natural Resources — Engineering, Land Divisions, and
Division of Forestry and Wildlife.
AGENCIES -NO RESPONSE
33. U.S. Fish and Wildlife Service.
PUBLIC COMMENTS
34. No public comments have been received as of the date of the writing of this report.
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LAND'* 194 Wiwoole St. Hilo, HI 96720
PLANNING (808) 333-3393
info@landplanninghawaii.com
HAWAII LLC
August 30, 2022
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Submission of Change of Zone Application
Applicant: Charles & Ann Stevenson & John Fumo
Kaloko Mauka, North Kona, Hawaii, TMK: (3) 7-3-027: 003
Transmitted here for your review and processing is the submittal of an application requesting the
rezoning of a 22.665-acre parcel of land from the Agricultural 20-acres (A-20a) to the
Agricultural 10-acres (A-10a) district. The subject property is located at 73-4375 Haleamau
Street, approximately 600 feet northeast of its intersection with Kaloko Drive in Kailua-Kona,
North Kona, Hawaii.
If approved, the applicant intends to subdivide the parcel into two (2) lots consisting of 11.3325-
acres each.
This electronic transmittal includes a) the application form; b) a letter of authorization allowing
our office to file the application on the landowners' behalf; c) departmental questionnaire; d) a
metes and bounds description of the property; e) a list of surrounding property owners within one
thousand(1,000) feet of the subject parcel; and f) background & environmental report, which
includes the location and proposed site plan. Further, payment for the County filing fee will be
paid via electronic check upon submittal of the application.
We trust that everything is in order for your acceptance and processing of this application. If not,
or if there are questions relating to this matter, please feel free to direct them to me. Thank you
very much.
Sincerely,
JOHN PIPAN
Planning Administrator
Planning Dept.
Exhibit 1
Zoho Sign Document ID:6TANBULM3MS9SPJTRCRDTNES2NNWQSXNE8QBPMVROJG
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Charles Stevenson, Ann Stevensonl& John Fumo
APPLICANT'S SIGNATURE:�G`'�eS lieyev�Syr �r� �. O Jul 14 2022 10:46 PDT
ADDRESS:
73-4375 Haleamau St, Kailua-Kona, HI 96740
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) 808-989-3830 (Res.) (Fax)
LANDOWNER(S): Charles Stevenson, Ann Stevenson & John Fumo
LANDOWNER SIGNATURE(S):C-1G�eS E7 S�e-V 43 *" Jul 14 2022 10:46 PDT
r.
LANDOWNER(S) ADDRESS: 3y� 1`� (May be by letter)
73-4375 Haleamau St, Kailua-Kona, HI 96740
REQUEST: A-20a TO A-l 0a
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7-3-027: 003
STREET ADDRESS OF PROPERTY: 73-4375 Haleamau St, Kailua-Kona, HI 96740
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22.665 acres
AGENT: Land Planning Hawaii LLC
ADDRESS: 194 Wiwoole St, Hilo. HI 96720
TELEPHONE:(Bus.) 808-333-3393 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Agent COPIES: Applicant
Zoho Sign Document ID:6TANBULM3MS9SPJTRCRDTNES2NNWQSXNE8QBPMVROJG
TO WHOM IT MAY CONCERN:
As landowners of the parcel identified by TMK: (3) 7-3-027: 003, we hereby consent and
authorize Land Planning Hawaii LLC to file and process a Change of Zone Application on our
behalf.
�ln���ieS S ever\.Svn. Jul 14 2022 10:46 PDT
Charles Stevenson Date
Jul 14 2022 10:40 PDT
Ann Stevenson Date
Jul 19 2022 07:12 PDT
John Fumo Date
Zoho Sign Document ID:9R10SXQCKWCM5DIOT7UNILMQOLR1K9_QDJN7_Q64MW8
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question I and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 22.665
b. Into what lot sizes? 11.3325acres
c. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? 3 months
d. Do you intend to build houses on the newly created lots? No
If yes, please answer the following questions:
On how many of those lots?
At what approximate price range? House
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application form.
2. If you have no firm plans of subdividing the subject area, do you intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
c. Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other(please state)
P.D.2 S/84
1
Zoho Sign Document ID:9R10SXQCKWCM5DIOT7UNILMQOLR1K9_QDJN7_Q64MW8
f. If you intend to do either a, b or c, please elaborate on the kind
of plans the other party has. Please also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? No
How?
The subject property already contains two single-family dwellings and no new
development is proposed by this request.
4. Are there any buildings on the subject area? Yes
If so, what kind?
Two single-family dwellings.
What do you intend to do with those buildings if your request is approved?
The dwellings will remain in their current use.
5. Is the subject land currently being used for any agricultural activity? Yes
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
Almost 90% of the property has been dedicated as native forest land which the
landowners maintain in accordance with a prepared Forest Management Plan.
6. Was your request to allow for the creation of small agricultural lots? No
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity?
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
2
Zoho Sign Document ID:9R10SXQCKWCM5DIOT7UNILMQOLR1K9_QDJN7_Q64MW8
d. Agricultural leases or other forms of assurance that potential
buyers or leases will would put the subject area into some form
of agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
Agricultural purpose, please state your other reasons.
The purpose of the subdivision will be to separate out the fee ownership of the parcel
among the current landowners. No new construction is proposed and all landowners
will continue to implement their Forest Mananement Plan_
7. To your knowledge, has there been any flooding and/or drainage problem NO
on the subject area?
If so, please describe the problem.
8. Do you think that the roads leading up to the subject area needs NO
improvements?
If so, what kind?
Is the road adequate for the proposed traffic volume or bad? Yes
9. What sort of government assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
c. Sewer X
d. Drainage X
3
Zoho Sign Document ID:9R10SXQCKWCM5DIOT7UNILMQOLR1K9_QDJN7_Q64MW8
e. Police Protection X
X
f. Fire Protection
g. Recreational Facilities X
h. Public Utilities X
i. Other X
For those checked "yes", phase elaborate what type or kinds of improvements
and/or assistance are needed.
Signature: _
Address: 194 Wiwoole St, Hilo, HI 96720
Telephone: 808-333-3393
Date: Aug 30 2022 09:26 PDT
4
#16997.2 CHAN( OF ZONE DESIGNATION FROM A-20a ' A-10a
PROPOSED CHANGE OF ZONE DESIGNATION FROM A-20a TO A-10a
LOT 6 OF BLOCK 9
OF KALOKO MAUKA SUBDIVISION, INCREMENT 2 (FILE PLAN 1010)
Land situated on the Easterly side of Haleamau Street at Kaloko, North Kona, Island and
County of Hawaii, State of Hawaii.
Being the whole of:
Lot 6 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010); and
Royal Patent 8214, Land Commission Award 7715,Apana 11 to Lota Kamehameha.
Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly
corner of Lot 4 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and being
a point on the Easterly side of Haleamau Street,the coordinates of said point of beginning referred
to Government Survey Triangulation Station "MOANUTAHEA" being 10,032.37 feet South and
3,920.84 feet East and running by azimuths measured clockwise from True South:
1. 1950 35' 650.00 feet along the Easterly side of Haleamau Street
to a point;
Thence,for the next three(3)courses following along the remainder of Royal Patent 8214,
Land Commission Award 7715, Apana 11 to Lota Kamehameha:
2. 2850 35' 1,127.48 feet along Lot 8 of Block 9 of Kaloko Mauka
Subdivision, Increment 2 (File Plan 1010) to a
point;
3. 50 10' 1,012.45 feet along Lot 7 and Lot 5 of Block 9 to Kaloko
Mauka Subdivision, Increment 2 (File Plan
1010) to a point;
#16997.2 Page 1 of 2
WES THOMAS ASSOCIA TES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#16997.2 CHANT OF ZONE DESIGNATION FROM A-20a T 8,-10a
4. 1200 21' 48" 1,355.38 feet along Lot 4 of Block 9 of Kaloko Mauka
Subdivision, Increment 2 (File Plan 1010)to the
to the point of beginning and containing an area
of 22.665 Acres.
WES THOMAS ASSOCIATES
LICENSED
c� PROFF-MONAI
LAP!®
SURVEYOR
No.41 P Chrystal Thomas Yamasaki
1035, Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-3-027: 003 (3rd Division)
June 7, 2016
#16997.2 Page 2 of 2
WES THOMAS ASSOCIA TES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-20a to A-10a)
CHARLES & ANN STEVENSON AND JOHN FUMO
KALOKO-MAUKA, NORTH KONA, HI 96740
TMK: (3) 7-3-027: 003
1
Table of Contents
I. INTRODUCTION........................................................................................................................4
II. PROJECT LOCATION................................................................................................................4
III. PROJECT DESCRIPTION.......................................................................................................4
A. Project Concept and Components..............................................................................4
B. Project Timetable and Cost........................................................................................7
IV. INSTITUTIONAL CONSIDERATIONS.................................................................................7
A. State Land Use...........................................................................................................7
B. County General Plan..................................................................................................7
C. Kona Community Development Plan......................................................................10
D. County Zoning.........................................................................................................13
E. Relationship to SMA Objectives and Policies.........................................................13
F. Other Permitting Requirements...................................................................................16
V. ENVIRONMENTAL CONSIDERATIONS..............................................................................16
A. General Description.................................................................................................16
B. Soils and Topography..............................................................................................17
C. Natural Hazards .......................................................................................................17
D. Flora/Fauna..............................................................................................................19
E. Historic/Cultural/Archaeological Resources ...........................................................20
F. Valued Cultural Resources..........................................................................................20
G. Water and Coastal Resources ..................................................................................21
H. Noise, Air Quality, and Dust ...................................................................................21
I. Scenic and Visual Considerations ...............................................................................21
VI. SOCIAL AND RELATED CONSIDERATIONS..................................................................21
A. Surrounding Land Uses ...........................................................................................21
B. Economic Impacts....................................................................................................22
C. Agricultural Impacts ................................................................................................22
VIL INFRASTRUCTURAL CONSIDERATIONS .......................................................................22
A. Road.........................................................................................................................22
B. Water........................................................................................................................23
C. Wastewater...............................................................................................................23
D. Solid Waste..............................................................................................................23
E. Other Government Services.....................................................................................23
2
F. Other Utilities ..........................................................................................................23
VIII. IMPACT SIGNIFICANCE ANALYSIS ................................................................................23
A. Relationship Between Local Short-Term Uses of Environment and Maintenance
and Enhancement of Long-Term Productivity...................................................................23
B. Irreversible and Irretrievable Commitment of Resources........................................24
C. Mitigative Measures ................................................................................................24
D. Alternatives to the Proposed Project........................................................................25
IX. REGULATORY ANALYSIS.................................................................................................26
A. General Plan LUPAG Map......................................................................................26
B. General Plan Polices................................................................................................26
C. Kona Community Development Plan......................................................................29
D. Zoning and Subdivision...........................................................................................29
E. State Land Use Agricultural Standards....................................................................29
X. CONCLUSION.......................................................................................................................29
Figures
1. Location Map.........................................................................................5
2. Tentative Subdivision Map..........................................................................6
3. LUPAG Map..........................................................................................8
4. KCDP Native Forest Map..........................................................................1 1
5. Zoning Map...........................................................................................1 4
6. FIRM Map ...........................................................................................1 8
Exhibits
A. Co-tenancy Agreement
B. Petition to Dedicate Native Forest Land
C. Forest Management Plan
3
I. INTRODUCTION
Charles Stevenson, Ann Stevenson and John Fumo ("applicants") are requesting the
rezoning of a 22.665-acre parcel of land in Kailua-Kona from Agricultural (A-20a)
to Agricultural (A-10a). The property is located at 73-4375 Haleamau Street,
approximately 600 feet northeast of its intersection with Kaloko Drive and
approximately 2.3 miles east of Mamalahoa Highway in the Kaloko-Mauka area of
Kailua-Kona on the Island of Hawaii (Figure 1).
If approved, the applicants intend to subdivide the 22.665-acre parcel into two (2)
lots, each consisting of a minimum of 10-acres each(Figure 2). The applicants wish
to create the two-lot subdivision so that fee-simple ownership of the property may be
distributed between Mr. & Mrs. Stevenson and Mr. Fumo.
II. PROJECT LOCATION
As noted earlier, the subject property is located at 73-4375 Haleamau Street,
approximately 600 feet northeast of its intersection with Kaloko Drive and
approximately 2.3 miles east of Mamalahoa Highway in the Kaloko-Mauka area of
Kailua-Kona on the Island of Hawaii (Figure 1).
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site consists of 22.665-acres and contains two (2) single-family
dwellings. Construction of the first dwelling was finalized in 1986 under
Building Permit No. K07062 and is the main residence of Mr. Fumo. A
detached guest room was later added to the dwelling. Construction of the
Ohana dwelling was also finalized in 1986 under Building Permit No.
K06972 and is the main residence of Mr. & Mrs. Stevenson. A detached
master bedroom was later added to the dwelling. A co-tenancy agreement
between Mr. & Mrs. Stevenson and Mr. Fumo, recorded with the Bureau of
Conveyances on October 30, 2014, establishes the terms of their shared
ownership of the property (Exhibit A). The agreement includes a provision
for all parties to cooperate in an application to subdivide the property and
distribute ownership. However, prior to subdividing the property, a change of
zone to A-l0a will first need to be obtained. Thus, if the rezoning request is
approved, the applicants intend to subdivide the property in accordance with
their co-tenancy agreement so that Mr. & Mrs. Stevenson become the owners
of proposed Lot 6-A and Mr. Fumo becomes the sole owner of proposed Lot
6-B. The lot would be split equally so that each of the proposed lots would
consist of 11.3325-acres in size. As proposed, access to each of the newly
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created lots would be via the existing shared driveway off of Haleamau Street
(Figure 2).
It is understood that the subdivision plan submitted herein may have to be
adjusted prior to receipt of final subdivision approval to accommodate
County subdivision requirements and appropriate conditions of approval.
B. Project Timetable and Cost
The applicants hope to secure County rezoning approval as soon as possible
and begin the subdivision process immediately thereafter.
Tentatively,plans call for having the land subdivided in early 2024. The
estimated cost of improvements for this project will be minimal as the request
is merely to divide ownership among the applicants and no increase in
density is being proposed. Further, infrastructure already exists to support
each of the proposed lots and each of the existing dwellings already has
access to utilities. No roadway improvements will be necessary the lots will
continue to be accessible from County roadways. Additionally, the subject
parcel is served by the Department of Water Supply with two existing water
meters— one meter for each of the existing dwellings.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject site is designated State Land Use Agriculture. The proposed
zoning would comply with the Agricultural State Land Use designation. The
County of Hawai'i can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide ("LUPAG")
map designates the subject site as Important Agricultural Land(Figure 3).
This designation identifies agricultural lands with better potential for
sustained high agricultural yields because of soil type, climate, topography or
other factors. However, the subject property is primarily native forest and
therefore it is preferable to maintain the forest than to convert the property to
agricultural uses. In 2016 the landowners dedicated 89.85% of the property as
native forest land which they maintain in accordance with a Forest
Management Plan (Exhibits B & Q. Should the requested Change of Zone
and subsequent subdivision be approved, all landowners intend to continue to
maintain the existing dedicated native forest land. Thus, the proposed
subdivision resulting in two (2) lots would be consistent with the Important
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Agricultural Lands designation and no General Plan amendment would be
required to effectuate this project.
The proposed project will conform to the following goals and policies of the
Natural Resources Element of the General Plan:
• Protect rare or endangered species and habitats native to Hawaii.
• Within the Kona high rainfall/fog-drip belt, ground disturbing
activities such as excessive soil compaction and excessive removal of
vegetative cover should be minimized and mitigated consistent with
management strategies that encourage the retention of existing
forested and pasture areas,reforestation, minimal coverage by
impervious surfaces and other strategies that encourage effective
infiltration to groundwater.
• Create incentives for landowners to retain and re-establish forest
cover in upland watershed areas with emphasis on native forest
species.
The proposed project will conform to the following goals,policies and
standards of the Land Use Element of the General Plan:
• Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural, and physical environments of
the County.
• Protect and preserve forest, water, natural and scientific reserves and
open areas.
• Allocate appropriate requested zoning in accordance with the existing
or projected needs of neighborhood, community, region, and County.
• Encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social
environment.
• Zoning request 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.
Discussion: The Agricultural designation is intended for agricultural and
very low density agriculturally-based residential use, encompassing rural
areas of good to marginal agricultural and grazing land, forest land, game
habitats, and areas where urbanization is not found to be appropriate. This
request to rezone the subject property from A-20a to A-l0a will maintain the
current agricultural zoning,but with a small increase in the allowable zoning
9
density. However, in this case, since there are already two dwellings on the
property, the change of zone would not result in an increase in density. The
goal of the zone change would merely be to allow the current owners to
subdivide the property such that one of the existing dwellings would be sited
on each newly created lot in order to separate fee ownership among their
respective portions of the property. The property will continue to be used by
the landowners in its current state as their residences and as dedicated forest
land. Since two dwellings already exist on the property, adequate
infrastructure already exists to support the proposed 2-lot subdivision.
Additionally, several similar rezone/subdivision requests have been approved
in the immediate vicinity. Thus, this rezone request is appropriate, in keeping
with the surrounding environment and land uses and will continue to protect
and preserve the native forest.
C. Kona Community Development Plan
The Kona Community Development Plan(KCDP) attempts to further define
the General Plan and serves as a gjjide for decision-makers. The subject
property is located outside of the area designated as the Kona Urban Area by
the KCDP and is thus designated as part of the Kona Rural Area. It is also
designated mostly open ohia forest on the KCDP Environmental Resources
Map (Figure 4). The proposed change of zone request is conducive to the
following goals, objectives and policies outlined in the KCDP:
Objective L U-3:Rural Area Growth Management. To preserve the rural
character of the existing rural towns, the agricultural lifestyle, and the open
landscape.
Policy LU-3.4: Clustered Rural Subdivision Guidelines. The Clustered
Rural Subdivision Guidelines in Attachment C apply to proposed subdivisions
outside of the Kona Urban Area (UA). The intent of the guidelines is to
minimize grading,preserve the natural appearance of the land to the
maximum extent possible, ensure agriculture use in the State Land Use
Agricultural District, and create a rural setting for residences. Towards this
end, the guidelines shall, at a minimum, specify:
1. Minimum lot sizes;
2. Natural and cultural resources meriting protection and associated buffer
areas, as applicable;
3. Minimum standards for roads and wastewater disposal;
4. Legal tools for permanent protection, maintenance of open space, and/or
agricultural lands;
5. Connections to the open spaces of surrounding areas.
10
CHAPTER 4 GOALS, OBJECTIVES,
POLICIES,AND ACTIONS ENVIRONMENTAL RESOURCES
Figure 4-8b Environmental Resources Map: Native Vegetation
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KoNA CDP 4-59
FIGURE 4
Policy LU-3.8:Rezoning Outside of Urban and Rural TODs and Outside of
GP LUPAG Urban Area. Rezoning of areas currently zoned agricultural,
outside of the Urban and Rural TOD areas shown on Figure 4-7 Official
Kona Land Use Map, and outside of urban designations on the General Plan
LUPAG, shall not be allowed, except in the following limited circumstances:
(1) the rezoning allows only a small number of additional lots, consistent in
scale with the transfer of lots to family members, (2) the rezoning does not
create a net increase in the potential number of agricultural lots (such as a
rezoning that increases potential density in one area but also reduces density
in another), or (3) the rezoning is to permit a subdivision consistent with the
Clustered Rural Subdivision Guidelines, while preserving the majority of the
property in non-residential use dedicated to agriculture, open space, or other
conservation purposes, and does not have the primary effect of allowing
subdivision into lots smaller than allowed by existing zoning. This policy is
intended to prevent the rezoning of agricultural property to allow
agricultural subdivisions where the primary objective of the lot owner will be
to have a residential estate.
Policy ENV-L5:Sensitive Resources: In the context ofKona's ecology and
history, the following natural and cultural resources shall be considered
sensitive and therefore shall be inventoried, as part off any permit
application to the County Planning Department(see Figures 4-8a to 4-8d):
• Critical habitat areas as identified by the U.S. Fish & Wildlife or
County General Plan;
• Predominantly native ecosystems, which may not be considered
endangered but are valued because of their nearly pristine condition;
...Any permit application that encompasses any of the above resource shall
incorporate these resources as assets...
Discussion:
The change of zone request will preserve the existing rural character of the
area and continue to preserve the dedicated native forest on the property. The
request is simply to change the zone form A-20a to A-10a so that the
property can be divided in two among the current landowners, with Mr. &
Mrs. Stevenson getting fee ownership over the portion of property containing
their dwelling and Mr. Fumo getting sole fee ownership over the portion of
the property containing his dwelling. This request, resulting in the creation of
only one additional lot, is consistent in scale with the transfer of lots to a
family member. No additional development is proposed and thus the project
will continue to preserve the natural appearance of the land to the maximum
extent possible and continue to protect the dedicated native forest land.
12
D. County Zoning
The County zoning of the subject property is Agriculture (A-20a) (Figure 5).
The surrounding properties are a mixture of A-20a and A-IOa zoning.
Adjacent properties to the northwest, west and southeast are zoned A-l0a and
adjacent properties to the north, northeast and south are zoned A-20a. The A-
l0a zoned parcels in the area are a result of similar rezoning requests which
were previously approved by ordinance for the purpose of creating a 2-lot
subdivision. These include:
Ordinance 19-04, effective January 2019
Ordinance 16-99, effective October 2016
Ordinance 09-06, effective February 2009
Ordinance 09-05, effective February 2009
Ordinance 06-58, effective May 2006
Ordinance 06-04, effective January 2006
Ordinance 05-67, effective May 2005
Ordinance 05-65, effective May 2005
Ordinance 04-14, effective February 2004
Ordinance 04-13, effective February 2004
Ordinance 04-89, effective August 2004
Ordinance 98-90, effective August 1998
Ordinance 96-101, effective December 1996
If approved, the site would be subdivided in a manner generally meeting with
both the Zoning and Subdivision Codes. Notwithstanding the subdivision
requirements, all uses and standards consistent with the requested A-l0a zone
would be adhered to.
E. Relationship to SMA Objectives and Policies
The site is located approximately 6.5-miles from the coastline and outside the
County Special Management Area(SMA).
The entire island falls within the Coastal Zone Management(CZM) Area.
Thus, a discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It sits approximately 6.5 miles from the
shoreline at an elevation of approximately 3,500-3,750 feet. As such, the
proposed action should not have any adverse impacts on the area's coastal
recreational and marine resources nor have any impacts on beach
protection.
13
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The likelihood of this improvement having any impacts on the area's historic
resources is not high. The project proposes no ground disturbance and only
seeks to subdivide the parcel in two so that the landowners can separate out
their fee ownership of the property. However, in the event any archaeological
features are found during any future earth disturbance activity, work will stop
within the affected area and appropriate clearances from the State DLNR-
HPD and County Planning Department will be secured before work resumes.
If needed, an archaeological monitoring program can be instituted during any
land cleating activity.
The proposed subdivision will be laid out in a manner that locates one of the
existing farm dwellings on each proposed new parcel and thus the project
proposes no new construction improvements. Accordingly, there is little
potential for any visual impact to the area's scenic and open space
resources.
Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as
the site is located approximately 6.5 miles from the ocean at approximately
3,500-3,750 feet elevation. Notwithstanding the distance, the nature of the
project—to separate out the ownership of the land—does not require any
construction or additional infrastructure and as such any potential coastal
ecosystem impacts should be negligible.
The economic impact of this project would not be pronounced. However, the
proposed action will result in the landowners having the ability to separate
out fee ownership of the parcel in two. In so doing, the project will enable the
landowners to separate out their own respective shares of property tax, thus
providing some measure of limited economic incentive.
Because of its distance from the shoreline, the site should not be subject to
coastal hazards. The property is located outside of the tsunami evacuation
zone.
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-10a, and the continued use and
design/parameters (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 Planning Commission's Rules and County
15
Council's meetings on this application. Notices of this application will
become available through the posting of a sign on the property, as well as
sending two (2)notices to surrounding property owners, one at the time the
application is filed and again,prior to the public hearing.
Based on the foregoing, it is concluded that the requested improvements
would be consistent with the objectives,policies and guidelines of the
Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS
and Planning Commission Rule No. 9 relating to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would be of the
"ministerial"variety, such as Subdivision Approval.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The parcel is generally trapezoidal in shape, contains two dwellings and is
accessed via Haleamau Street, a County owned local, neighborhood
unseparated road which connects to Kaloko Drive approximately 600 feet
southwest of the subject site. Kaloko Drive is also a County owned and
maintained roadway with a 22-foot-wide pavement with grass shoulders
within an 80-foot right-of-way.
The site is situated at approximately 3,500-3,750 feet in elevation. The
property slopes slightly downward from east to west, with a gradual decline
from the north to the south, with the highest point being at the northeast end
of the property. The vast majority of the property is dedicated native forest
and no development is proposed, thus there is no topographic constraint in
proposed 2-lot subdivision.
The general area consists of 10-acre to 23-acre properties zoned A-IOa or A-
20a. The surrounding area is primarily native forest with some surrounding
properties also containing single-family dwellings. There have been a number
of change of zone approvals in the Kaloko Mauka Subdivision which have
included conditions applying forest conservation measures for long term
preservation for the area.
The annual median rainfall for this area is approximately 50-inches. The
average daily temperature ranges from 60 degrees to 69 degrees Fahrenheit.
Wind patterns are generally westerly during the day and easterly during the
evenings.
16
B. Soils and Topography
According to the Natural Resource Conservation Service's Land Study
Bureau Overall Master Productivity Rating, the soil on the site is classified as
very poor.
The Soil Conservation Service maps (1973) of the subject area indicate that a
uniform soil type (Kiloa), extremely stony muck uniformly covers the entire
mid elevation area of Kaloko Mauka. This soil is characterized as thin and
organic on 6-20% slopes covering prehistoric a'a lava, cinder and ash from
Hualalai eruptions. The soil is extremely permeable with slight erosion
hazard and is generally rated as poor for agriculture and is best suited for
pasture or woodland use. Because of the different ages of prehistoric and
historic Hualalai volcanic eruptions, actual soil conditions on the ground are
somewhat more heterogeneous than the generalized soil maps indicate.
According to the Agricultural Lands of Importance to the State of Hawaii
(ALISH) classification system, the site is classified as Other important lands.
As noted earlier, the topography of the site slopes in an east to west direction,
with the lower portion being at the southwest end.
C. Natural Hazards
1. Drainage
The Federal Emergency Management Agency (FEMA)Flood
Insurance Rate map (FIRM) (Figure 6) identifies the project area as
Zone "X" (areas outside of the 500-year flood). There are no
identified existing drainage ways on the site.
The applicant has not observed any significant runoff or erosion in the
recent past on the subject site and no ground disturbance is proposed
as part of this rezone or subsequent subdivision action. Nevertheless,
pursuant to County drainage requirements, appropriate drywell and/or
similar means to capture runoff from any improvements will be built,
if necessary, in conjunction with the appropriate permitting process.
2. Volcanic, Earthquake and Tsunami Hazards
According to the United States Geological Survey maps, the project
site is located within Lava Flow Hazard Zone 4, on a scale of
ascending risks 9 to 1. All of Hualalai and the majority of the North
Kona area falls in the Zone 4 category. The Building Code designates
17
i
11I� I
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ZONE �' 073 0735E
BASEMAP: FIRM BASEMAP -
`E:: :F• `` Flood Hazard Assessment Report
y:
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
year),also know as the base flood,is the flood that has a 1%chance of
..,."•. being equaled or exceeded in any given year.SFHAs include Zone A,AE,
AH, AO, V, and VE.The Base Flood Elevation (BFE) is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII Zone A:No BFE determined.
TMK NO: (3)7-3-027:003 Zone AE:BFE determined.
WATERSHED: HONOKOHAU
PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
KAILUA KONA,HI 96740 BFE determined.
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on
Flood Hazard Information sloping terrain);average depths determined.
FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(S): NONE no BFE determined.
FEMA FIRM PANEL: 155166073OF Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF: Floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1% annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
Zone X:Areas determined to be outside the 0.2%annual chance
0 400 800 ft floodplain.
Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from OTHER FLOOD AREAS
the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are
responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ-
ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is passible. No mandatory flood insurance
If this map has been identified as'PRELIMINARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood insurance rating.Contact your county floodplain manager far flood zone determina- nities.
lions to be used for compliance with local floodplain management regulations.
FIGURE 6
the entire island of Hawai'i Earthquake Zone "D" and contains certain
structural requirements to address the relative seismic hazard. All
structures would have to comply with this standard.
3. Tsunami Hazard
The subject site is located at approximately 6.5 miles from the
shoreline at an elevation of approximately 3,500-3,750 feet and is
well outside of the Civil Defense's Tsunami Evacuation Zone.
D. Flora/Fauna
The applicants commissioned a Forest Management Plan for the property in
conjunction with the dedication of nearly 90% of the property as Native
Forest Land in 2016 (Exhibit B). The subject property is extensive tall-
stature, more or less closed-canopy `ohi`a (Metrosideros Polymorpha) forest
with a well developed sub-canopy of hapu`u (Cibotium Glaucum) tree ferns
and other native tree species and shrubs. The hapu`u form a dense tree fern
canopy throughout the parcel. There is also an abundance of`ie`ie
(Freycinetia arborea)both on the ground and climbing on the `ohi`a trees.
Other native understory species in more noticeable quantities include Wawa
(Pittosporusm spp.), ma`maki (Pipturus Albidus),pilo (Coprosma spp.),
kawa`u (Ilex anomala),kanawao (Broussaisia Arguta), k6lea(Mysrine spp.),
olomea (Perrottetia Sandwicensis), maile (Alyxia Olivaeformis) and ala`ala`
wai nui (Pepperomia spp.). The plant community type is healthy native forest
with a few alien plan species, most notably banana poka(Passiflora
Mollisima) and lemi wai(P. Ligularis). Common guava and waiawi are
present in a few mature trees and few seedlings. Alien species are continually
managed to reduce the negative impact on the native trees in conjunction
with the Forest Management Plan.
Common native Hawaiian birds inhabiting the subject parcel include the
amakihi (Loxops v. virens), apapane (Himatione sanguinea) and `elepaio
(Chasiempis sandwichensis). The formerly federally endangered Hawaiian
Hawk(Bueo solitarius) inhabits the general Kaloko mauka area. The
Hawaiian Forest Bird Recovery Plan(1983) identified the upper slopes of
Hualalai above the 3000-foot elevation contour as `essential habitat' for the
endangered `akepa(Loxops coccineus) and Hawiian creeper(Loxops
maculatus mana). The federally endangered Hawiian hoary bat (Lasiurus
cinereus semotus) is widely distributed on the island of Hawaii and has been
frequently observed in the Kaloko mauka area where it can be assumed to be
a resident species. Alien animals in the Kaloko mauka area include a variety
of introduced birds including mynah, Chinese thrush and pheasants. Alien
19
mammals include feral pig, feral cat, mongoose and both brown and black
rats.
The subject property is primarily dedicated native forest and the landowners
intend to continue to implement with an existing forest management plan.
Further, the requested change of zone and subsequent 2-lot subdivision
propose no additional ground disturbance and thus it is unlikely that the
proposed use of the property would cause any adverse floral or faunal
impacts.
E. Historic/Cultural/Archaeolo2ical Resources
No commissioned archaeological survey of the site was made. However,
adverse impacts to any historic, cultural or archaeological resources are
highly unlikely as the property has been used residentially for several years
and no ground disturbance is proposed by the requested action. The request is
merely to rezone the property so that it can be subdivided in order to separate
out legal ownership of the property among the current fee owners. No ground
disturbance would be necessary to accomplish the proposed subdivision. The
proposed subdivision will turn this property into two TMK lots— each
containing one of the existing dwellings. As no ground disturbance is
proposed, inadvertent archaeological discoveries are unlikely.
F. Valued Cultural Resources
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 on the
cultural, historical and natural resources, as well as the associated tradition
and customary practices of this site.
In this situation, the subject site is not adjacent to the shoreline. The subject
parcel is approximately 6.5-miles from the nearest coastline. As such,
gathering of marine life and coastal access is not an issue.
It is not known whether the subject or immediate surrounding area was used
in the recent past for the gathering of plants by Native Hawaiians. The
applicant has not observed any Native Hawaiian gathering plants on the site
or the adjoining properties. Thus, it would appear unlikely that the site would
serve such purpose today. In the event that legitimate gathering claims are
made by Native Hawaiians, the applicant intends to respect and honor such
claims and provide the legal and needed access within the site.
20
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.
G. Water and Coastal Resources
The subject site is located approximately 6.5-miles from the coastline and sits
at approximately 3,500 to 3,750-feet elevation. Additionally, no new
development or ground disturbance is proposed by the subject application or
subsequent 2-lot subdivision. As such, coastal impacts resulting from the
discharge of wastewater systems from the site should not be significant.
Further, being a non-coastal property, no coastal access will be affected.
H. Noise, Air Quality, and Dust
The proposed rezone and 2-lot subdivision should not generate any direct
long-term noise or air quality impacts. The request is only to subdivide the
property into two independent lots in order to divide fee ownership among
the current owners. No further development of the land or construction is
being proposed by this action as the property already contains two dwellings.
Therefore, the noise, air quality and dust levels should be unaffected by the
proposed action and those levels should remain at their current residential
level. If improvements are made in the future, they will be consistent with all
rules and regulations as outlined in appropriate building permits.
I. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as being a scenic resource. The subject site is not listed as a scenic site,
nor will the proposed action affect any of the scenic resources outlined in the
General Plan.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surroundinu Land Uses
Surrounding lands are zoned A-20a and A-I Oa and are in low-density
residential-agricultural uses surrounding by natural forest. Bishop Estate
lands of Ka`upulehu surround the subdivision to the north at the 3,500 to
5,400-foot elevation. These lands are used by Hualalai Ranch. There have
been a number of change of zone approvals in the Kaloko Mauka
Subdivision, which have included conditions applying forest conservation
measures for long term preservation of the area.
21
Given the existing and zoned conditions, the proposed rezoning, resulting in a
2-lot subdivision, would be congruous with the existing residential-
agricultural nature of this area.
B. Economic Impacts
The economic impact of this project would not be pronounced. However, the
proposed action would result in the landowners having the ability to separate
out fee ownership of the parcel in two. In so doing, the project will enable the
landowners to separate out their own respective shares of property tax, thus
providing some measure of limited economic incentive.
C. Agricultural Impacts
The request to rezone the subject property from A-20a to A-10a seeks to keep
the property within Agricultural zoning. The County General Plan Land Use
Pattern Allocation Guide ("LUPAG") map designates the subject site as
Important Agricultural Land(Figure 3). This designation identifies
agricultural lands with better potential for sustained high agricultural yields
because of soil type, climate, topography or other factors. However, the
subject property is primarily native forest and therefore it is preferable to
maintain the forest than to convert the property to agricultural uses. In 2016
the landowners dedicated 89.85% of the property as native forest land which
they maintain in accordance with a Forest Management Plan and will
continue to do so should this request be approved. Thus, the proposed
subdivision resulting in two (2) lots would be consistent with the Important
Agricultural Lands designation.
VII. INFRASTRUCTURAL CONSIDERATIONS
A. Road
The property is accessed via Haleamau Street, a County owned local,
neighborhood unseparated road which connects to Kaloko Drive
approximately 600 feet southwest of the subject site. Kaloko Drive is also a
County owned and maintained roadway with a 22-foot wide pavement with
grass shoulders within an 80-foot right-of-way. No roadway improvements
will be necessary as the proposed subdivision will be accessible from County
roadways.
It is noted that Kaloko Drive intersects with Mamalahoa Highway, which is a
State highway, as a T-intersection approximately four (4) miles below the
property. Since the mid 1990's funds have been set aside in the fair share
22
account for the County and/or State to improve this intersection. However,
the requested rezone and subsequent 2-lot subdivision does not propose any
additional traffic as the property has already been developed with two
dwellings and no additional development is proposed.
B. Water
The dwellings on the property are already served by the Department of Water
Supply via two existing water meters.
C. Wastewater
Wastewater disposal on the property will remain at its current levels and
continue to be handled via the existing approved individual wastewater
facilities.
D. Solid Waste
Solid waste will continue to be handled by the property owners and disposed
of at transfer stations. With the requested A-l0a zoning, the potential for uses
with toxic or related chemical waste would be minimal, if at all.
E. Other Government Services
As this property is a part of the rural area just outside of the Kailua-Kona
urban area, no extension of government services would be required. There is
a fire station, police station, public school, library and gas stations all located
within 4 to 5 miles of the subject site. In addition, there are recreation
facilities in the general area as well. As such, the project should not result in
the extension of any government services. Further, the required public
facilities are located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone and electrical services are available to the
site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the area of the proposed
rezoning would probably continue in its current condition and the applicants'
23
ownership of the property would remain as co-tenants. The applicants would
not be able to fulfill the requirements of their co-tenancy agreement and
would have limited options should they need to sell their portion of the
property for any reason.
From a long-term productivity standpoint, subdivision of the property into
two lots so that the Stevensons and Mr. Fumo can each retain independent fee
ownership over their respective portions of the property will greatly simplify
the management of their property and make it easier to sell or pass their
property down to heirs.
B. Irreversible and Irretrievable Commitment of Resources
No formal archaeological study was performed on the subject parcel.
However, adverse impacts to any historic, cultural or archaeological
resources are unlikely as the property has been used residentially for several
years and no ground disturbance is proposed by the requested action. The
request is merely to rezone the property so that it can be subdivided in order
to separate out legal ownership of the property among the current fee owners.
However, in the event any inadvertent discoveries are made during any land
disturbance activity relating to this project, work will cease, and the applicant
will immediately notify the Planning Department and the State DLNR and
secure their clearances before proceeding further.
Additionally, the applicants are committed to maintaining the dedicated
native forest on the property. They have commissioned a forest management
plan and will continue to maintain the property in accordance with that plan.
C. Mitigative Measures
The applicant intends to make improvements, if required, generally consistent
with the subdivision process. No construction activity is anticipated, but if
any becomes necessary, contractors will be obligated to comply with
appropriate State noise and air quality standards.
The majority of the subject site is dedicated native forest and no ground
disturbance is being proposed. However, an archaeological monitoring plan
can be prepared and implemented in conjunction with any future land
clearing activity if needed. Should unanticipated archaeological finds be
discovered, work will stop (as is required by the State and County) and
clearance will be secured before work is resumed.
Finally, there will be no person or businesses to be dislocated by this project.
24
D. Alternatives to the Proposed Proiect
1. No Proieet
Under the status quo alternative, the use of the area of the proposed
rezoning would probably continue in its current condition and the
applicants' ownership of the property would remain as co-tenants.
The applicants would not be able to fulfill the requirements of their
co-tenancy agreement and would have limited options should they
need to sell their portion of the property for any reason.
2. Alternative Density
Under this alternative, the applicants could seek a denser zoning, such
as A-7a zoning. There are other A-7a zoned properties in this area of
Kaloka Mauka and such a zoning designation could arguably be
feasible. However, there are far more A-l0a zoned parcels in the
surrounding area and so A-l0a would be more consistent with the
surrounding area. Additionally, the purpose of the rezone is to
subdivide the parcel into two lots in accordance with a co-tenancy
agreement that grants the Stevensons and Mr. Fumo an undivided
fifty percent interest in the total property and establishes a 2-lot
subdivision resulting in two equal sized lots of just over 10-acres
each. Thus, A-l0a zoning would be more appropriate.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure
would be essentially non-existent. The use of the property would not
change as it would continue to be used for dedicated forest land and
residential uses; however, each co-tenant would be assigned fee-
ownership over their respective homes. Further, the project would be
consistent with the land use objectives sought to be accomplished by
the County General Plan LUPAG map.
Additionally, from a long-term productivity standpoint, subdivision of
the property into two lots so that the Stevensons and Mr. Fumo can
each retain independent fee ownership over their respective portions
of the property will greatly simplify the management of their property
and make it easier to sell or pass their property down to heirs.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the requested
A-10a alternative.
25
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive development of
the island of Hawai'i. It provides direction for balanced growth in the
County. The LUPAG map designates the subject site as Important
Agricultural Land(Figure 3). This designation identifies agricultural lands
with better potential for sustained high agricultural yields because of soil
type, climate, topography or other factors. However, the subject property is
primarily dedicated native forest and therefore it is preferable to maintain the
forest than to convert the property to agricultural uses. In 2016 the
landowners dedicated 89.85% of the property as native forest land which they
maintain in accordance with a Forest Management Plan. Thus, the proposed
subdivision resulting in two (2) lots would be consistent with the Important
Agricultural Lands designation and no General Plan amendment would be
required to effectuate this project.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies, and
standards of the General Plan document.
The economic impact of this project would not be pronounced. However, the
proposed action will result in the landowners having the ability to separate
out fee ownership of the parcel in two. In so doing, the project will enable the
landowners to separate out their own respective shares of property tax, thus
providing some measure of limited economic incentive.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advantage of the
sun and wind patterns.
Maintaining and improving the quality of the environment is important to
the success of this project. The General Plan identifies five (5) areas of
environmental concerns - air pollution, water quality, soil pollution, solid
waste disposal, and noise pollution. As proposed,the project would not
violate any of those objectives.
The project proposes no construction or ground disturbance. Aside from the
very limited current levels of vehicular transmission, the project does not
pose any air pollution and wastewater will continue be handled via the
existing individual wastewater facilities. This should be sufficient to address
any potential groundwater or coastal water impacts. Also, as the project is
26
merely to rezone and subdivide the property and does not propose any
construction, it poses no effect with regard to noise.
The project site is outside the boundaries of a flood way. No changes in the
surface runoff generated by this development are anticipated.
No commissioned archaeological survey of the site was made. Adverse
impacts to any historic, cultural or archaeological sites are highly unlikely
as the property has been used residentially for several years and no further
ground disturbance is proposed by the requested action. The request is merely
to rezone the property so that it can be subdivided in order to separate out
legal ownership of the property among the current fee owners. Thus
inadvertent archaeological discoveries are unlikely, nevertheless, should any
such discoveries be made, the applicants will immediately notify the Planning
Department and the State DLNR and secure their clearances before
proceeding further.
While sightings of the Hawaiian Hawk (Io) and Hawaiian short-eared owl
(Pueo) would be possible along with other relatively common Hawaiian
forest birds, the majority of the property will remain dedicated agricultural
land and no construction is being proposed. As such, the subject project
should not have any significant impacts on rare or endangered plant or animal
life in this area.
The proposed A-l0a zoning will marginally help fulfil the objectives of the
housing element by creating one (1) additional fee simple lot. Although both
of the proposed lots already contain a dwelling and no further construction is
being proposed, subdividing the property into two lots will make the
management of the properties by their respective owners simpler should they
ever decide to sell.
As the project site is approximately 6.5 miles from the ocean and has an
elevation of 3,500 to 3,750 +/- feet, the usual coastal resources concern is
not pronounced. There will be no interference with shoreline access.
There will be marginal impact to public facilities. The Department of Water
Supply water line already exists to the site and each of the dwellings on the
property is already serviced by a County water meter. Vehicular access to the
site is County owned and maintained and the site is accessible by emergency
vehicles. Schools and other public facilities are also located proximate to the
site, most of them being less than 5 miles away.
27
Finally, in terms of the Natural Resources and Land Use elements, the
pertinent goals,policies, and standards of the General Plan note the
following:
• Protect rare or endangered species and habitats native to Hawaii.
• Within the Kona high rainfall/fog-drip belt, ground disturbing
activities such as excessive soil compaction and excessive removal of
vegetative cover should be minimized and mitigated consistent with
management strategies that encourage the retention of existing
forested and pasture areas, reforestation, minimal coverage by
impervious surfaces and other strategies that encourage effective
infiltration to groundwater.
• Create incentives for landowners to retain and re-establish forest
cover in upland watershed areas with emphasis on native forest
species.
• Designate and allocate land uses in appropriate proportions and mix
and in keeping with the social, cultural, and physical environments of
the County.
• Protect and preserve forest, water, natural and scientific reserves and
open areas.
• Allocate appropriate requested zoning in accordance with the existing
or projected needs of neighborhood, community,region, and County.
• Encourage the development and maintenance of communities meeting
the needs of its residents in balance with the physical and social
environment.
• Zoning request 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.
Discussion: The Agricultural designation is intended for agricultural and
very low density agriculturally-based residential use, encompassing rural
areas of good to marginal agricultural and grazing land, forest land, game
habitats, and areas where urbanization is not found to be appropriate. This
request to rezone the subject property from A-20a to A-l0a will maintain the
current agricultural zoning, but with a small increase in the allowable zoning
density. However, in this case, there are already two dwellings on the subject
property and the change of zone would merely be to allow the current owners
to subdivide the property such that one of the existing dwellings would be
sited on each newly created lot in order to separate their fee ownership over
their respective portions of the property; thus no increase in density is being
proposed. The property will continue to be used by the landowners in its
current state as their residences and as dedicated forest land. Additionally,
28
since two dwellings already exist on the property, adequate infrastructure
already exists to support the proposed 2-lot subdivision and several similar
rezone/subdivision requests have been approved in the immediate vicinity.
Thus, this rezone request is appropriate, in keeping with the surrounding
environment and land uses and will continue to protect and preserve the
native forest.
C. Kona Community Development Plan
The subject property is located outside of the area designated as the Kona
Urban Area by the KCDP and is thus designated as part of the Kona Rural
Area. It is also designated mostly open ohia forest on the KCDP
Environmental Resources Map (Figure 4). The proposed change of zone
request is conducive to the goals, objectives and policies outlined in the
KCDP. More detail on the proposed project's relationship to the KCDP can
be found in section IV.C. of this report.
D. Zoning and Subdivision
The designated zoning of the site is A-20a. Should the A-l0a zoning be
approved, the requirements of the zoning and subdivision codes would
generally be complied with, including use and related development standards.
These include the possible incorporation of appropriate restrictive covenants
relating to density, use, and design restrictions.
E. State Land Use Agricultural Standards
The State Land Use Designation is Agricultural. The requested rezoning to
A-10a should not be contrary to the State Land Use Agricultural Standards.
X. CONCLUSION
Based on the consistency of the proposed change of zone request with the County's
land use policies, approval of this request would be logical and reasonable.
In addition, the request will help the landowners to fulfill the terms of their co-
tenancy agreement and distribute independent fee simple ownership over their
respective portions of the property.
Lastly, the requested density is consistent with existing use of the property as well as
the surrounding area and several similar requests have been approved within the
Kaloko Mauka Subdivision.
29
STATE OF HAWAII
�aG«H4
A�p, Q195g q4 BUREAU OF CONVEYANCES
q � RECORDED
October 30, 2014 3:29 PM�
®4 Doc No(s) A-54160770
/s/NICKI ANN THOMPSON
REGISTRAR
1 111 KEO
B-32542500
LAND COURT REGULAR SYSTEM
Return By Mail 0 Pick-Up To:
Robert D. Trianos, Esq.
Carlsmith Ball LLP
P. 0. Box 1720
Kailua-Kona, HI 96745 TOTAL NUMBER OF PAGES: 10
TITLE OF DOCUMENT:
CO-TENANCY AGREEMENT
PARTIES TO DOCUMENT:
STEVENSON: CHARLES EDGAR STEVENSON and ANN ALBERTA STEVENSON,
husband and wife, whose mailing address is 73-1955 Hao Street,#A,
Kailua-Kona,HI 96740
FUMO: JOHN FUMO, a single man,whose mailing address is 73-4375 Haleamau
Street,Kailua-Kona,HI 96740
TAX MAP KEY(3)7-3-027-003 4841-9034-4221/067166-00001/10-5-14
EXHIBIT A
CO-TENANCY AGREEMENT
This Co-Tenancy Agreement is made this 7th day of October, 2014, by and
between CHARLES EDGAR STEVENSON and ANN ALBERTA STEVENSON, husband
and wife, whose mailing address is 73-1955 Hao Street, #A, Kailua-Kona, HI 96740,
("Stevenson") and JOHN FUMO, a single man, whose mailing address is 73-4375 Haleamau
Street, Kailua-Kona, HI 96740 ("Fumo"). Each individual party to this Agreement is
hereinafter referred to as an "Owner," and all of the Owners are collectively referred to as
"Owners."
RECITALS
A. The real property which is the subject of this Co-Tenancy Agreement is
that certain parcel of real property situate at Kaloko, District of North Kona, Island and County
of Hawaii, State of Hawaii, being LOT 6 BLOCK 9 of the Kaloko Mauka Subdivision,
Increment 2, as shown on File Plan No. 1010 filed in the Bureau of Conveyances of the State of
Hawaii, and containing an area of 22.665 acres, more or less ("Property"); and
B. By virtue of a Warranty Deed dated May 28, 2014, recorded in the
Bureau of Conveyances of the State of Hawaii as Document No. A-52630211, Stevenson owns
an undivided fifty percent (50%) interest in the Property; and
C. By virtue of a Warranty Deed dated September 25, 2014, and recorded in
the Bureau of Conveyances of the State of Hawaii as Document No. A-53 860408, Fumo owns an
undivided fifty percent (50%) interest in the Property; and
D. As Co-Owners of the Property, the parties hereto desire to set forth their
agreements and understandings with respect to the use and occupancy of the Property, and other
matters as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the Owners hereby agree as follows:
1. Ownership of the Property. Title to the Property is and shall be held by
the Owners as follows:
CHARLES EDGAR STEVENSON and ANN ALBERTA STEVENSON,
husband and wife, as Tenants by the Entirety, as to an undivided fifty percent (50%)
interest and
JOHN FUMO, a single man, as to an undivided fifty percent (50%) interest
the whole of the property being held as tenants in common, their respective
heirs, personal representatives and assigns.
2
2. Use and Occupancy of the Property.
a. Each Party shall have the exclusive use, except for any access or
utility easements for the common use, of that portion of the Property designated for that Parties'
use as set forth in the Map attached hereto as Exhibit A and made a part hereof, which Map shall
be updated when completed by the surveyor. A preliminary Map entitled Proposed Property
Line and Easement Agreement is attached to this Agreement and shall be removed and the final
subdivision Map shall be substituted therefore. Stevenson shall have the exclusive use of Area A
and Fumo shall have the exclusive use of Area B. The parties shall engage a surveyor to bisect
the Property at the border located on the government road following a "centerline" determined by
pins set by surveyor along the center of the current blacktop drive. The "centerline" terminates at
the end of the current blacktop drive and a jog to the right for four (4) feet is made such that the
existing gravel drive shall be within the Fumo area. From the end of the jog point, the survey
continues to create two equal areas of land by drawing a line to the mauka boundary which then
effectively bisects the Property. This Map shall be used for purposes of subdivision of the
property, as appropriate. All parties agree to be bound by the survey submitted by the surveyor.
In creating Area A and Area B the surveyor shall take into consideration the land area currently
utilized as an access and utilities easement to Area B over Area A.
b. The Property shall be used only for residential and agricultural
purposes by the Owners and their permitted guests and any uses consistent with the County of
Hawaii Zoning Code. The parties may rent any improvements located on the Property from time
to time, in a reasonable manner, and without unreasonable interference to the other Co-Owners.
3. Management. The Owners shall each be responsible for the management
of their respective Areas of the Property, including without limitation the timely payment of
Property expenses (subject to equal contribution from the each of the Owners) and the
maintenance and upkeep of the common use areas of the Property. Each of the Owners shall
have all powers and authority reasonably necessary to further the Owner's obligations under this
Agreement, including without limitation the authority to jointly and/or severally (a) contract and
pay for utilities, including water and electricity, and other services required to maintain and
operate the property, (b) purchase and maintain insurance coverage for their respective Areas of
the Property, and (c) contract and pay for repairs and maintenance of their respective Areas of
the Property. Notwithstanding the foregoing, each of the Owners agree to take such actions and
execute such documents as may be reasonably necessary or convenient to further the
management of the common use areas of the Property.
4. Expenses.
a. Separate Expenses for Respective Areas. The Owners shall pay,
before they are due, all expenses of any kind in connection with the ownership and maintenance
of their respective Areas.
b. Expenses Associated with the Entire Property. The Owners shall
pay, (equally, unless otherwise provided) before they are due, all expenses of any kind in
connection with the ownership and maintenance of the entire Property, including any expenses
associated with the common use areas of the Property, including without limitation, real property
3
taxes or other governmental charges assessed against the entire Property, and all other expenses
related to the maintenance, upkeep or repair of the common roadway for access and utilities to
the Property. For purposes of paying any expenses associated with the entire Property and with
the common use areas of the Property Stevenson and Fumo shall contribute equally to all such
expenses.
C. If either party adds any structural addition(s) to their respective
Areas of substantial value which are assessed by the County of Hawaii for purposes of real
property taxes, the property tax split shall be adjusted to reflect such increased assessment
values.
5. Water Meters. Area A and Area B have separate and distinct water
meters and each owners of such areas shall have the duty and obligation to pay their owner water
bills from the Department of Water Supply. The cost of the installation for the recent water
meter on Area B shall be shared equally by the parties. Stevenson has advanced the cost of such
meter and will be reimbursed one-half by Fumo.
6. Transfer of Interests.
(a) This Agreement shall be binding on the Owners and their respective
successors, heirs, assigns, and transferees.
(b) Until final subdivision approval, neither of the Owners shall use the
Property as Collateral for any loans or debts without the prior written consent of the other
Owners.
7. Subdivision. Both parties shall cooperate in the application for a two-lot
subdivision of the Property on the terms and conditions stated herein, including the approval and
consent of the surveyor's Map to be used in the submittal to the County of Hawaii for subdivision
approval.
8. Nature and Scope of Agreement. The relationship between the Owners
shall be limited to the co-ownership of the Property in accordance with the terms hereof.
Nothing herein shall be construed to create a general partnership or joint venture between the
Owners nor to authorize any party to act as an agent, enter into contract on behalf of, or use the
credit of the other party except as specifically set forth herein.
9. Applicable Law; Amendments. This Agreement shall be governed by the
laws of the State of Hawaii. This Agreement may be amended only by a written agreement
executed by each of the Owners.
10. Severability. In the event that any part or provision of this Agreement
shall be determined to be invalid or unenforceable under the laws of the State of Hawaii, the
remaining portions of this Agreement which can be separated from the invalid, unenforceable
provisions shall nevertheless continue in full force and effect.
11. Arbitration; Attorneys' Fees. Any disputes between the Owners regarding
this Agreement or the ownership of the Property shall be submitted to binding arbitration in the
4
State of Hawaii before a single arbitrator unanimously selected by the Owners. If the Owners
are unable to select an arbitrator, any one Owner may apply to a Judge of the Third Circuit Court
of the State of Hawaii for an order appointing such an arbitrator. Any arbitration shall be
conducted in accordance with such rules and procedures as the Owners may agree upon or, if
they are unable to agree, the expedited procedures of the Commercial Arbitration Rules of the
American Arbitration Association (as amended and effective on July 1, 1996). The decision of
the arbitrator in any such arbitration shall be binding upon the Owners pursuant to Chapter 658,
Hawaii Revised Statutes. If any Owner institutes any arbitration, action or proceeding to enforce
any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing
party, all costs including reasonable attorneys' fees. If any Owner shall involuntarily and without
any fault on their part be made a party to any litigation or other proceeding commenced by or
against another Owner or otherwise without fault incur expense because of litigation arising out
of this Agreement, then the costs and reasonable attorneys' fees incurred by or imposed on the
one involuntarily so made a party or otherwise incurring expense in connection with such
litigation will be borne by the other party, in addition to allowable court costs, in such amount as
the court may adjudge to be reasonable.
12. No Owner Deemed Drafter. No Owner shall be deemed the drafter of this
Agreement.
13. Counterpart signatures. The parties hereto agree that this instrument may
be executed in counterparts, each of which shall be deemed an original, and said counterparts
shall together constitute one and the same agreement, binding all of the parties hereto,
notwithstanding all of the parties are not signatory to the original or the same counterparts. For
all purposes, including without limitation, recordation, filing and delivery of this instrument,
duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the
remaining pages assembled as one document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
CIVARLES EDGAR STEVENSON
- a,4� A"'U�&Lt)-L�
ANN ALBERTA STEVENSON
"STEVENSON"
5
JOHN FU b
"FUMO"
6
STATE OF HAWAII 1
ss.
COUNTY OF HAWAII )
On this 7th day of October 2014, before me personally
appeared CHARLES EDGAR STEVENSON, to me known (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and acknowledged to me that he executed the same as her free act and deed.
PUBLIC - Name: Willetha T.Archer
co m No. Notary Public
9 -346
.... X& State of Hawaii
My commission expires: 5/19/2015
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Co-Tenancy Agreement
Document Date: Not dated at the time of this certificate �►�IIII//,/,
No. of Pages: 10
Jurisdiction (in which notarial act is performed): Third Circuit NOTARY
PUBLIC
Comm.No.
_ 91-346 `
Signature of Notary Date of Notarization and �'•,s21 �1°1:1
WillethaT.Archer Certification Statement '/i, oFHP���
Printed Name of Notary
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this 7th day of October 2014, before me personally
appeared ANN ALBERTA STEVENSON, to me known (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and acknowledged to me that she executed the same as her free act and deed.
T' q 14
NOTARY '. = Name: Will e a T.Archer
PUBLIC - Notary Public
Commm S o.No. State of Hawaii
rJ 91-346
OF f0p My commission expires: 5/19/2015
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Co-Tenancy Agreement
Document Date: Not dated at the time of this certificate 11111u°°/°�'
No. of Pages: 10 1.11\ �\AA T.q,,?
Jurisdiction t h hi in which notarial act f d Third Circuit
ac is erorme :
( p ) NOTARY
PUBLIC
-
,t OCT — 7 2014 = c 9i 3466
Signature of Notary Date of Notarization and Q�NPy�P`;
WillethaT.Archer Certification Statement
Printed Name of Notary
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this 7th day of October 2014, before me personally
appeared JOHN FUMO, to me known (or proved to me on the basis of satisfactory evidence) to
be the person described in and who executed the foregoing instrument, and acknowledged to me
that he executed the same as his free act and deed.
T qRc'%
\vim . ,, •;�'�� � .�,I:�,�.,E � �'c-e--
3. NOTARY �
PUBLIC = Name: Willetha T.Archer
Notary Public
Comm.No.
91-346 State of Hawaii
My commission expires: 5/19/2015
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Co-Tenancy Agreement
Document Date: OCT -7 2014
No. of Pages: 10 ��` DNA T A �.
Jurisdiction (in which notarial act is performed): Third Circuit NOTARY
PUBLIC
Comm.No.
OCT -7 2014
gi-346 Signature of Notary Date of Notarization and F
WillethaT.Archer Certification Statement /rrr,,1110
r q) or S(
Printed Name of Notary
PROPOSED PROPERTY LINE and
EASEMENT AGREEMENT
Proposed
Property Line-
Adjusted to make
sections equal
Proposed
Property Line—
returned to center
dividing line a
gate intersection
Electric Gate
---------- ---
Proposed
Property Line—
Center of Access
Road
Electric Gate
L4 Ft Easement
from Edge of
Road Pavement
4 Ft Easement
from Edge of
Road Pavement
NOTE: NOT DRAWN
HALEAMAU ST TO SCALE
PROPOSED PROPERTY LINE and 'Y14
EMENT AGREEMENT
HALEAMAU ST
J. FU bATED C.STEVENSON DATED
A.STEVENSON DATED EXHIBIT A
RP Form 19-59(Rev 02/2011) TAX MAP KEY/PARCEL ID
Dept.of Finance ISLE Z S PLAT PARCEL CPR
COUNTY OF HAWAVI 3
DEPARTMENT OF FINANCE --
REAL PROPERTY TAX DIVISION
101 Pauahi St., Ste.No.4 74-5044 Ane Keohokalole Hw-y.,Bldg. D,2nd Fir.
Hilo,Hawaii 96720 KailLia Kona, Hawaii 96740
Ph. (808)961-8354 Ph. (808) 323-4881
PETITION TO DEDICATE NATIVE FOREST LAND
THIS DEDICATES EXISTING NATIVE FOREST LANDS TO PRESERVATION FOR TWENTY YEARS
L OWNER'S NAME(S): 4. CHECK COUNTY ZONING DISTRICT:
QX-"r�\4-- Nlv'rite below the applicable County
zoning district
2. MAILING ADDRESS:
flelb'Slk Rao KY� re.-�
3. DAY TELEPHONE NO.
5. USE AREA TO BE DEDICATED NON-DEDICATED AREA
Native Forest
!97
TOTALS
6. COMPLETE THIS ITEM ONLY IF PETITIONER'S LAND IS LEASED.
a. Lessee's name and mailing address:
b. Term of lease(years): c. Expiration of lease:
d. Is lease recorded at the Bureau of Conveyances?__--Yes —No If no,please submit a copy of lease.
To facilitate investigation of this petition, I hereby grant right of entry to the land described above and will provide
any documents as required by the Hawaii County Code,
Land dedicated as native forest shall be maintained according to Sound land management practices such that soil
erosion is minimized, foreign species are controlled, and the watershed is protected. If this petition is approved, I will take all
necessary action for the preservation of this dedicated native forest, and observe the restriction on the land in accordance with
Section 19-59, Hawaii County Code.
I understand that the native forest classification shall be rescinded and all retroactive taxes and penalties due to a
breach of the dedication shall be imposed if: (1)The cover of native forest species falls below 60%;(2)The property is
rezoned to a higher use at the owner's request-, (3)The property is Subdivided into parcels of less than three acres in size,or
(4) The dedicated property or any portion thereof is sold by way of a conveyance which is Subject to conveyance tax under the
terms of Chapter 247, HRS, unless the director of finance Submits a notarized affidavit signed by the owner to the Bureau Of
Conveyances stating that the land shall continue to be subject to the full requirements of the dedication, including the full
penalties and roll back taxes imposed for violation.
I understand that failure to observe the restrictions of the use of this land shall cancel the dedication and special tax
assessment privilege retroactive to the date of the dedication,and that additional taxes and penalties, due and owing as a result
of a breach of the ded'cat'0 hall be a paramount lien upon the property pursuant to Section 19-37, Hawaii County Code.
Si Owncrjqr Agent Date FOR TAX OFFICE USE ONLY
Qig—nnau.'E �0�wn��. e n�t Date By:
-7 T 116;,- Petition No. Effec. Date
Si ri�' e of 0 er or Agent bate
Si,gnatn` ner or Agent Date
Hawaii County is an Equal Opportunity Provider and Employer EXHIBIT B
FOREST MANAGEMENT PLAN
FOR: Charles Edgar & Ann Alberta Stevenson, Tenants by the Entirety
John Patrick Fumo, Tenants in Severalty
TMK: 730270030000
Kaloko, North Kona, Island of Hawaii
R epared by:
k4orman Bezo6a�i-;Professor emeritus, UHCTAHR
INTRODUCTION
A. Purpose
This Forest Management Plan is prepared for the purpose of meeting the conditions set
forth in Council Resolution No. 58-97 for Parcels in the Kaloko Mauka Subdivision. (A
copy is attached for reference)
B. General Description of Property
This 22.665 acre parcel identified as TMK: 7-3-27:3 is located approximately 3.2 miles
(straight lines) above the Kaloko Drive intersection with Mamalahoa Highway, or about
4.2 road miles mauka from the highway. Figure I is a copy of the Kaloko Mauka
Subdivision showing the location of the parcel.
The property is roughly rectangular, with the western boundary abutting Haleamau
Street at approximately 3900 foot elevation. Except for the 2 homesites permited and
built in 1987, the parcel is fully forested requiring no reforestation.
EXHIBIT C
C. Description of Forest Vegetation
The subject property is extensive tall-stature, more or less closed-canopy 'ohi'a
(Metrosideros Polymorphd) forest with a well developed sub-canopy of hapu'u (Cibotium
Glaucum) tree ferns and many other native tree species and shrubs. The hapu'u farm a
dense tree fern canopy throughout the parcel. There is also an abundance of ie'ie
(Freycinefid arboreed) both on the ground and climbing on theohi'a trees. Other native
under story species in more noticeable quantities include ho'awa (Pittosporusm spp.),
ma'maki (Pipturus ANdus), pi'lo (Coprosman spp.), ka'wau (Ilex anomala), kana'wao
(Broussaisia Arguta), ko'lea (Mysrine spp.), o'lomea (Perroffetia 5andwicensis), mai'le
(Alyxia Olivaeformis)and ala'alawainui (Pepperomia spp.). Plant community type is healthy
native forest with a few alien plant species, most notably banana poky (Passiflora
Mollisima)and lemi wai (P Ligularis). The health of the still extensive native forest is
threatened by a few species of aggressive alien plants, most notably along the roadside
where invasive grasses and clesmodium are prevalent.
In the interior a few alien plants are conspicuous and a few more presently play a small
role in the vegetation. Common guava and waiawi are present in a few mature trees and a
few seedlings, especially of waiawi. Kolomana, an escaped landscaping shrub, also seems
to be establishing in any small clearing or break in vegetation. Alien weeds are growing
where pigs have caused damage to the understory.
The 'ohi'a trees reach a height of up to 80f t with largest being aft in diameter. Tree
ferns and native trees dominate the understory; kopilo, home, pilo, kawa'u, manono and
olomea are common.
D. Description of the Kaloko Mauka Subdivision
The 80 lot Kaloko Mauka Subdivision was developed in the mid 1970's within the state
LUC agricultural district. Current county zoning is Ag-20 (minimum lot size 20 acres)
with lots in the lower third of the subdivision further divided into lots of three and five
acres. Although some of the subdivision lots have been extensively cleared for
2
agricultural use (grazing, flowers, orchards, etc.) most of the subdivision lots continue to
remain in high quality native forest. The climate of this upland area is mild, as trade
winds are absent in the Kona district. Annual rainfall is approximately 40-80 inches and
exhibits the distinctive summer maximum characteristic of this region. During the post
20 years average rainfall has declined due to volcanic activity, forest removal and
possibly some effects of global warming. The subject property is accessed by county
dedicated public roads. In much of the subdivision negative human impact is limited to
the low percentage of each land parcel that has been cleared for roads and house pads,
except below 2500 feet where developers have cleared much of the native forest.
The Kaloko Mauka Subdivision is still mostly vegetated with mature native forest with
only slight problems from alien plants and animals. The native flora is quite diverse and
the vegetation structure is intact, in that all layers are dominated by native plants. The
area is included in the range of plants proposed for endangered status by the US Fish
and Wildlife Service, including two species of Cyanea and is in or near essential habitat
for several endangered forest birds. This parcel and other neighboring parcels proposed
for forest conservation stewardship can serve as a link (forested "stepping stones")
between state-owned lands and bird habitats in the nearby Makaula-O'oma Mauka Tract
(to the north) and Honuaulu Tract and Forest Reserve (to the south).
This high quality native forest is worthy of conservation and management. Removal of
alien weedy plants from a parcel of this size and prevention of future infestations is
quite feasible because the density of alien plants is low and road access aids logistics.
The appearance of crown dieback in many 'ohi'a trees indicates that the 'ohi'a in the
canopy may lose their leaves and die in the next ten to twenty years. Observations from
other parts of the island show that this is a normal process for aging 'ohi'a trees ('ohi'a
decline or 'ohi'a dieback) and regeneration of young 'ohi'a will probably follow the dieback.
However, until a new canopy is established, the increased light regime in the understory
and forest floor can promote growth of alien plants. Replanting native species ensures
that birds will continue to have suitable habitat as parts of the forest enter the dieback
phase.
3
1. Soils
The Soil Conservation Service maps (1973) of the subject area indicate that a
uniform soil type (Kiloa), extremely stony muck uniformly covers the entire mid
elevation area of Kaloko Mauka. This soil is characterized as thin and organic
(histosol) on 6-20% slopes covering prehistoric a'a lava, cinder and ash from Hualalai
eruptions. The soil is extremely permeable with slight erosion hazard and is generally
rated as poor for agriculture and is best suited for pasture or woodland use. Because
of the different ages of prehistoric and historic Hualalai volcanic eruptions, actual
soil conditions on the ground are somewhat more heterogeneous than the generalized
soil maps indicate.
2. Water Resources
Due to the extreme surface porosity of the youthful volcanic substrates there are no
stream channels or surface water bodies in the subject area. Maintenance of the
existing forest cover (as compared to the surface rock/soil compaction that would
necessarily accompany land clearing for agricultural or other uses) will maintain
surface porosity which enhances groundwater recharge and reduces surface runoff
and potential down slope flooding (a significant problem in makai areas of Kona).
Aside from rainfall, mountain fog and mist are also significant moisture sources in the
subject area and fog drip from forest canopies further enhances ground water
recharge for the important North Kona aquifer. Public watershed benefits will be
maintained by continued dedication of the subject area to forest cover protection.
Public watershed preservation has been identified by the County of Hawaii as having
such a valuable public benefit for this and future generations that favorable tax
incentives have been offered to keep land in forestry.
E. Management Objectives/Considerations
The County of Hawaii Council Resolution No 58-97, Section B provides for the subdivision
of the subject property. The Resolution further provides that no less that 80 percent
of the entire lot areas shall be retained in forest.
4
F. Timetable for Action
Banana poky (Passiflora Mollisitna)and lemi wai (P Ligularis) will be managed to reduce
the negative impact on the trees. There is some indication that native honeycreepers
f eed on the nectar of the flowers of these species. The timetable for active
management of the Orange Poka, both on the roadside and within the property will occur
at a minimum of every 'three inonths with con-11-inuous infori-nal work performed as it is
observed between these periods. This will be implemented by tool and hand removal of
the invasive and use of herbicides. This is a continuation of active current management.
The health of the still extensive native forest is threatened by a few species of
aggressive alien plants, most notably along the roadside where invasive_grasses and
Desmodium are prevalent. In the interior a f ew alien plants are conspicuous and a few
more presently play a small role in the vegetation. Common Guava and the waiawi are
present as a few mature trees and a few seedlings, especially of waiawi. Kolomana, an
escaped landscaping shrub also seems to be establishing in any small clearing or break in
the vegetation. Numerous alien weeds are growing where pigs have caused damage to the
understory. Most of these species probably pose no threat to the forest but the
grasses will be removed and native plants such as koa, mamake, kopiko, hapuu, etc. can be
planted to shade out the weedy grasses. The timetable for active management of these
alien plants and weeds on the roadside and within the property will occur at a minimum
every three months, with continuous informal work performed as it is observed between
these periods. This will be implemented by tool and hand removal of the invasive and use
of herbicides. Additionally, native replanting and transplanting will occur at a minimum of
every three months. This is a continuation of active current management.
A timetable of every three months for the active management of the property will focus
especially on the most susceptible area of the roadside frontage where invasive plants
have been seen as the parcel is pristine forest with over 20 acres having never been
touched by humans. In 1986, the two house sites and driveways were permited and are
in place. These areas will be managed every three months. The interior of the parcel
will also be searched for invasive plants on a semi-annual basis.
5
1. The land owner will commit the bulk of this property to the maintenance and
enhancement of the existing native forest ecosystem through the adopting of forest
management practices recommended in this proposal and by the assigned Soil
Conservationist of the Natural Resources Conservation Service a9NRCS) U.S.
Department of Agriculture.
The landowners agree to permit the NRCS to conduct on annual on-site visit to the
parcel (s) subject to the officially approved Forest Management Plan. The purpose of
the NRCS site visits is to prepare an annual compliance and progress report on the
implementation of the forest management plan to the subject property. The site
visits are to be made at mutually convenient date and time.
G. 50 Year Time Period
As per Council Resolution No. 58-97 this Forest Management Plan shall govern the
proposed lots within the subject property for a period of fifty (50)years and its
termination may be considered after the 50 year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
H. Substantial Implementation
As per Council Resolution No. 58-97 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 covenants(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 the Final Subdivision Approval.
The subject property is forested greater than 80%, requiring no reforestation.
MANAGEMENT PLAN
A. Forest Protection
Since an intact native 'ohi'a forest already exists upon the subject's forest management
area and the owners' objective is to perpetuate the native forest cover, discussions and
management recommendations shall focus on forest protection and enhancement needs
and methods. Protection considerations for the subject property include fire, insects
and diseases, animals and weed problems.
1. Fire
Fire hazard is determined to be low due to the absence of accumulated light and
medium fuel such as dead grasses and brush. Maintenance of the roadside areas to
alleviate potential build up of grasses is recommended. Debris and trash burning
should be avoided within the property during dry periods.
2. Insects and Diseases
No evidence of insect or disease problems were observed. Vigilance should be
maintained for signs of potential problems such as defoliation, dying of portions or
entire tree crowns, boring activities on trunks and limbs (holes and/or accumulation
of wood dust) and the yellowing of leaves indicating loss of vigor. Should any such
indicators be observed, the service forester of the State Division of Forestry and
Wildlife or the Soil Conservationist of the Natural Resources Conservation Service
can be contacted with a request for inspection and recommended action.
3. Animals
Common native Hawaiian birds inhabiting the subject parcel include the amakihi
(Loxops v virens), apapane (Himatione sanguined) and 'elepaio (Chasiempis
sandwichensis). The federally endangered Hawaiian Hawk (Rueo solitarius) inhabits
the general Kaloko mauka area. The federally endangered Hawaiian Crow (Corvus
tropicus) disappeared from the area and other parts of Hualalai in the 1970-80s,
although the area remains 'potential' crow habitat with respect to future species
recovery efforts. The Hawaiian Forest Bird Recovery Plan (1983) identified the
upper slopes of Hualalai above the 3000 ft elevation contour as 'essential habitat' for
the endangered 'ake'a (Loxops coccineus) and Hawaiian creeper (Loxops maculatus
mand). The recovery plan for these species noted however that the continued
planting of native trees such as koa and others in the Hualalai forest would generally
benefit forest quality and the survival prospects for these endangered forest bird
species.
The federally endangered Hawaiian hoary bat (Lasiurus cinereus semotus) is widely
distributed on the island of Hawaii and has been frequently observed in the Kaloko
mauka area where it can be assumed to be a resident species. The native forests of
the Kaloko mauka area also contain a diverse native invertebrate fauna as is typically
found in association with remaining upland native forest areas of Hawaii.
Alien animals in the Kaloko mauka area include a variety of introduced birds including
mynah, chinese thrush, pheasants and others. Alien mammals include feral pig, feral
cat, mongoose and both brown and black rats. Some of these represent significant
threats to the native ecosystem integrity of the area. Feral pigs and other alien
mammals will be managed by live traps,snares and hunting as indicated by the pig
damage to the understory. This is a continuation of active current management.
4. Weeds
To promote forest health, alien weeds will be controlled to protect the plantings on
the parcel and to prevent spread to neighboring parcels. A high degree of control
can be achieved by cutting and/or pulling up the roots of weed species. Achieving a
complete kill of waiawi or other large trees that cannot be uprooted might require
the application of an herbicide such as 'Round-Up'to the cut trunks. Applying 'Round-
Up'to both ends of the passion fruit vines has been used to kill the root and to keep
the shoot from re-rooting with adventitious roots. Grass removal can occur by hand
hoeing or an appropriate application of herbicide.
8
Keep roadside clear of invasive alien plants. Roadsides are well known avenues for the
introduction of alien plants that then spread into the surrounding vegetation. The
subdivision streets are paved with regularly mowed (County Department of Public
Works) grassy shoulders.
Although the mowing can prevent establishment of noxious weeds there is often a
rough transition zone (10-20 f t wide) between the shoulder and the forest on the
parcel. Currently this strip of variable width is invaded with rank growth of grass
and Desmodium (tick trefoil or hitchhikers). Fountain gross (Pennisetuin setaceuln) is
also becoming established on the roadside and can present a fire hazard in the
future. Native plants will be planted where possible to bring the forest edge as near
the roadside as possible. Recommended plants are those that are abundant on the
property including:
ohi'a (Me trosideros polytnorphq)
ama'u tree fern (Sadlerid cyatheoides)
mamaki (Plpturus albidus)
Small individuals of these plants can be transplanted to fill in gaps between the road
shoulder and the forest. Care will be taken not to plant tall growing trees beneath
power lines. Non native species can be used if they are not known to be invasive.
These include tree fuchsia, hydrangea and others.
This native forest stand will continue to thrive vigorously for many years if steps are
taken now to reduce and prevent further infestations of a few noxious alien plants.
The diversity, distribution and size class structure of native trees, shrubs and ferns
indicates a healthy community. It is normal for a closed-canopy mature 'ohi'a forest
to lack saplings or pole size 'ohi'a trees. Canopy dieback followed by a wave of
regeneration is the normal rejuvenation process of Hawaiian rainforests. Aggressive
removal of weed species and planting of desirable plants will ensure continued forest
health. Native plants will be planted where possible to bring the forest edge as near
the roadside as possible.
9
SUMMARY
This forest management plan involves over 20 acres of existing forest to maximize native
ecosystem values and protect our Hualalai forest watershed. It is hoped that most upland
property owners will embrace this stewardship approach made available through county, federal
and state incentives. Presently, grazed forest lands to the north and South of Kaloko Mauka
continue to deteriorate, thus decreasing rainfall and water recharge into the West Hawaii
aquafer.
The ideal scenario is to involve Palani, Hualalai and Huehue ranches in reforestation efforts as
grazing animals is no longer a profitable or environmentally sound activity on these thousands of
acres of damaged forest lands.
It is the objective of this Forest Management Plan to perpetuate this property intact native
'oh i'a forest and to focus on its' protection and enhancement.
The landowner is dedicated to maintaining this forest preservation plan and committed to
replanting native plants on the property wherever possible, i.e., Koa.
I certify that the dedicated area meets the 80% minimum native forest species cover criteria
and that this forest management plan is sound and the management practices described above
shall assist in maintaining and/or improve the native forest area that is being dedicated.
Norman Bezona
Professor Emeritus, UHCTAHR
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COUNTY OF HAWAII STATE OF HAWAII
"
RESOLUTION NO. 58 9 7
(Draft 3)
" RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS
s WITHIN THE KALOKO MAUKA SUBDIVISION
"
WHEREAS,the Council adopted Resolution No. 330-96 which established a policy that
no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot
elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified
i to any zone district having a minimum lot size of less than twenty acres; and
" WHEREAS, shortly after the adoption of Resolution No. 330-96,the Council approved
two change of zone requests for A-l0a lots above the 3,000-foot elevation with more stringent
I requirements to mitigate the concerns established in Resolution No.330-96;and
I
WHEREAS,the Council recognizes that a low density use pattern for the mauka,
watershed lands of the island of Hawaii,in particular the Kona region, should be protected and
maintained for environmental reasons;and
i
WHEREAS,the Council finds that a maximum density of two dwellings per tweny acres
for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following
conditions in addition to the standard conditions of approval for similar zonings in the area,will
! protect the watershed and native forest and maintain a low density pattern:
i
A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured
from the Planning Director within five (5)years from the effective date of this
ordinance. The applicant shall reserve the following easements and special setbacks in
perpetuity for purposes of protecting and maintaining naturally forested areas and shall
r delineate such easements and setbacks on plans submitted for subdivision review:
1. A 100-foot wide "forest reserve easement" along the existing public street
1 frontage of the subject property, exclusive of access points permitted by the
r Department of Public Works;
r 2. A 30-foot "forest reserve easement" along all lot lines not covered by the 100-
foot easement; and
r
r 3. A 100-foot wide structural setback in lieu of the required 30-foot setback along
r the existing property's %'Aic street frontage to provide an additional buffer.
EXHIBIT
1 Planning Dees. --
Exhibit 2
V
B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition_. The restrictive covenant(s) shall also specify that, including the area I
comprising the forest reserve easements described in Condition_, no less than eighty
percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the I
Planning Director for review and approval prior to the issuance of Final Subdivision 1
Approval. A copy of the approved covenant(s) shall be recited in an instrument d
executed by the applicant and the County and recorded with the Bureau of Conveyances 1
prior to the issuance of Final Subdivision Approval.
t
C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit 1
the construction of a second dwelling unit on and any further subdivision of each lot. 1
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 1
_ recited in an instrument executed by the applicant and the County and recorded with 1
the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 1
D. A forest management plan for the proposed lots within the subject property shall be 1
prepared and submitted for review and approval by the Planning Director in 1
consultation with the State Department of Land and Natural Resources, the State 1
Department of Health, the State Department of Agriculture and the U.S. Department of 1
Natural Resources Conservation Service. The forest management plan shall require the
following:
1
1. Include at minimum, the best forest and reforestation practices, program for 1
implementation and other applicable forestry management criteria, including
those of the State Department of Land and Natural Resources, such as the 1
Forest Stewardship Program or the Soil Conservation Service Management
Program. 1
2. The forest management program shall include a restrictive covenant for the 1
proposed lots within the subject property which shall be recorded with the State
of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants 1
to be recorded shall be submitted to the planning Director for review and 1
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 1
and the County and recorded with the Bureau of Conveyances prior to the I
issuance of final subdivision approval. I
3. If more than twenty percent (20%) of the I'tY subject sublj r 1
P � has been cleared or 1
grubbed prior to the submittal of d ve 'orest management plan or the recording of
the restrictive covenant(s), the refc.-estation program for any cleared or grubbed 1
1
I
1
1
■
i
i
i area(s) in excess of the 20% within the subject property shall be substantially
i implemented prior to the issuance of final subdivision approval.
4. This forest management plan shall govern the proposed lots within the subject
i property for a period of fifty (50) years and its termination may be considered
i after the 50-year period has elapsed by amending this ordinance requiring
County Council approval by ordinance.
i
i THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
i HAWAII that the Planning Commission consider favorable recommendations for A-10a zoning
requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot
elevation and include the aforementioned conditions with such recommendation provided that
i the other goals,policies,and standards of the General Plan are met.
r
BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this
resolution to Stephen K. Yamashiro,Mayor;Kevin Balog,Planning Commission Chairman; and
P Virginia Goldstein,Planning Director.
i
Dated: Hilo,Hawaii,this 2nd day of June , 1997.
r
® INTRODUCED
6 i II. MBER,COUNTY OF HAWAII
BJLT/CES
COUNTY COUNCIL ROLL CALL VOTE
® County of Hawaii AYES NOES AM EX
Hilo,Hawaii ARAKAa X
® CHUNG X
I hereby certify that the foregoing RESOLUTION was by the t•ErrtMAD-TODD X
rote Indicated to the right hereof adopted by the COUNCIL of the RAY X
County of Hawaiian June 2, 1997
• ttEYr�oLDs X
ATTEST: SANTANGELo X
SNM X
TYLEa X
Y.�CtiNG X
8 to 1 0
Reference C-2 1 /PC-53
COUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. 58 97 (DRAFT 3)
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: October 28, 2022
fell
TO: Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000035)
Request: Agricultural - 20 Acres (A-20a) to Agricultural - 10 Acre
(A-1 Oa)
Applicant: Charles Edgar Stevenson, Ann Alberta Stevenson, and John
Patrick Fumo
TMK: 7-3-027.003
We have reviewed the subject request and offer the following comments for your consideration:
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of
the HCC.
2. Construction within the County right-of-way shall comply with HCC, Chapter 22, County
Streets.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer
V7AT7gRi
+' DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI
n �
345 KEKOANAO`A STREET, SUITE 20 • HILO, HAWAI`I 96720
TELEPHONE (808)961-8050 - FAX (808)961-8657
October 7,2022
COH PLANNING OEPT
OCT 10 2022 Pm 1:55
REC'D HAND DELIVERED
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Application (PL-REZ-2022-000035)
Applicant—Charles Edgar Stevenson, Ann Alberta Stevenson
and John Patrick Fumo
Request: Agricultural-20 Acres (A-20a) to Agricultural-10 Acres (A-10a)
Tax Map Key 7-3-027:003
We have reviewed the subject application and have the following comments and conditions.
Please be informed that there are two(2)existing meters (Account Nos. 930-08380 and 930-08390)
fronting the existing parcel. The Department requests that the applicant designate, in writing, which
lot within the proposed subdivision will be assigned the existing service, prior to recommending final
subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve,
the existing meter or service lateral would need to be relocated to comply with the Department's Rules
and Regulations. The Department requests that the plat map be revised to show the existing meter
locations with the meter numbers.
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,
"MV40
Keith K. Okamoto, P.E.
Manager-Chief Engineer
"FS:dfg
copy - Mr. Charles Edgar Stevenson, Ms. Ann Alberta Stevenson and Mr. John Patrick Fumo
Land Planning Hawaii LLC
Planning Dept. . . . Water, Our31ost ftecious Wfsource. . . Yg Wai,4 Kane. . .
Exhibit 4 The Department of Water Supply is an Equal Opportunity provider and employer.
MIV Of M1
Mitchell D.Roth Ramzi I. Mansour
Mayor « Director
Lee Lord Brenda Iokepa-Moses
u
Managing Director Deputy t3'Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street,Suite 41 •Hilo,Hawai'i 96720 •cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Direct -,
Department of Environmental Management
DATE: October 14, 2022
SUBJECT: Change of Zone Application(PL-REZ-2022-000035)
Request: Agricultural-20 Acres (A-20a) to Agricultural-10 Acres (A-1Oa)
Applicant: Charles Edgar Stevenson, Ann Alberta Stevenson, and John Patrick
Fumo
Tax Map Key: (3) 7-3-027:003; N. Kona, Hawaii
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
,( ) No comments.
(X) Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
( ) Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
( ) Ample and equal room should be provided for rubbish and recycling.
(X) Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
(X) Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
( ) Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
( ) Other:
County of Hawaii is an Equal Opportunity Provider and Employer
Planning Dept.
Exhibit 5
Ramzi I. Mansour, Director
October 14, 2022
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
( ) No comments.
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
( ) Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
( ) Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
(X) Applicant shall follow Department of Health regulations.
( ) Other:
RM:pls
2
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE October 3, 2022
Memorandum
TO PLANNING DEPARTMENT, COUNTY OF HAWAII
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: CHANGE OF ZONE APPLICATION, CHARLES STEVENSON,ANN
STEVENSON, JOHN FUMO
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.Bavbavan(&hawaiicount gov or call 808-
323-4761.
Respectfully Submitted,
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 6
SUZANNE D.CASE
DAVID Y.IGE Y QR' CHAIRPERSON
GOVERNOR OF .(�...• M"� .:. BOARD OF LAND AND NATURAL RESOLRCES
HA WAIT �; P�.• y e COMMISSION ON WATER RESOURCE MANAGEMENT
aeN
ROBERT K.MAStiDA
FRST DEPUTY
d aOd
yV .6`�K DEPUTY DQ2ECTOR-WATER
AQUATICRESOURCES
Lr2p "�" Y G,,, N ya• OCEANRECIZEATION
BUREAU OF CONVEYANCESCES
'�* L COMMISSION ON WATER RESOLRCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RESOURCES ENFORCEMENT
STATE OF HAWAII ENGINEERING
FORESTRY AND WILDLIFE
tate of wz y DEPARTMENT OF LAND AND NATURAL RESOURCES RAHGGLAWE ISLAND SER�T COMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARRS
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD.,STE 555
KAPOLEI,HI 96707
October 3,2022
IN REPLY REFER TO:
Zendo Kern,Planning Director Project No.2022PRO1220
County of Hawaii Doc.No. 2210JG02
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planninggliawahcolqLty.gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
Proposed Rezone for the Stevenson and Fumo Property from A-20a to A-20a
Kaloko Ahupua`a,North Kona District,Island of Hawaii
TMK: (3)7-3-027:003
This letter provides the State Historic Preservation Division's(SHPD)review of the subject Change of Zone Permit
Application. The SHPD received the permit application on September 29,2022, along with a County Environmental
Report, a copy of a Co-Tenancy Report, a property line and easement agreement, a Petition to Dedicate Native
Forest Land, a Forest Management Plan, a TMK map of the project parcel, and correspondence dated August 30,
2022 (John Pipan [Land Planning Hawaii LLC] to Jeff Darrow [County of Hawaii Planning Department). The
applicants propose the rezoning of a 22.65-acre parcel from an Agricultural District with a minimum of 20 acres (A-
20a)to an Agricultural District with a minimum of 10 acres (A-10a)in support of a future subdivision of the parcel
into two separate 11.3325-acre lots.No ground-disturbing activities are proposed for the current project.
Findings
The submittal indicates that portions of the current project area were impacted by previous ground-disturbing
activities associated with residential development in 1987.The Change of Zone Application,the Petition to Dedicate
Native Forest Land,and the Forest Management Plan indicate that the landowners/project proponents have agreed to
preserve a 20.37-acre portion of the current project parcel. The Forest Management Plan indicates that re-occurring
vegetation clearing of alien plant species within the project area is proposed for the future via Natural Resources
Conservation Services (MRCS) projects, but not as part of the currently proposed project. The Forest Management
Plan also indicates that the area proposed for preservation via the Petition to Dedicate Native Forest Land and the
management plan will be preserved for 50 yrs.
A review of SHPD records indicates that no archaeological inventory survey has been conducted within the subject
parcel, and that no historic properties have been previously identified. Aerial imagery indicates only a small portion
of the project area has been impacted by the residential development of two existing structures.
Determination
Based on current information, SHPD's determination is no historic properties affected for the currently 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 SHPD's written concurrence and historic preservation review ends. The historic preservation
review process is ended.The permit issuance process may proceed.
SHPD requests the opportunity to review future permits for this subject parcel.
Planning Dept.
Exhibit 7
Mr.Kern
10/03/2022
Page 2
Attach to permit: In the unlikely event that historic properties such as lava tube openings,concentrations of artifacts,
structural remains or human skeletal remains are found during construction activities please cease work in the
immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic
Preservation Division at(808)933-7651.
Please contact Joshua Gastilo at (808) 933-7653 or at Joshua.gastilokhawaii.gov for any questions regarding this
letter.
Aloha,
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Jeff Darrow,jeff.darrowkhawaiicountygov
Clinton Mercado,Clinton.mercadokhawaiicounty.gov
John Pipan,johngIggdplanninghawaii.com