HomeMy WebLinkAboutPD Background Report (PL-REZ-2023-000055) BLeeseREZ.crk.2.7.2024
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
RYAN LEESE
CHANGE OF ZONE APPLICATION (PL-REZ-2023-000055)
RYAN LEESE has submitted an application for a Change of Zone from an Agricultural-20 acre
(A-20a) to a Family Agricultural-5 acre (FA-5a) zoning district for 21.942 acres of land. The
subject property is located at the southwest corner of the Kaloko Drive/Hao Street intersection,
Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-024:003.
APPLICANT'S REQUEST
l. Applicant's Request: The applicants are requesting a Change of Zone from A-20a to
FA-5a for 21.942 acres of land. The FA-5a zoning district, with a minimum lot size of 5
acres, would allow a maximum density of 4 lots in the rezone area. The FA (family
agricultural) district provides for a blend of small-scale agricultural operations associated
with residential activities and which may be characterized by farm estates, small acreage
farms, or subsistence lots. The FA district is intended to be in areas designated as being
within the State land use agricultural district, where public services and infrastructure are
appropriate to support the very low-density residential needs of a rural community and
where substantial number of parcels are less than five acres in size, and where a mix of
uses will not conflict with or be detrimental to existing agricultural uses in the
surrounding area. In addition, this district is intended to be primarily comprised of
agricultural lands less than five acres in area, which are not classified as A or B lands
under the land study bureau's master productivity rating, or classified as prime, unique,
or other important agricultural lands. Provided that this district may include lands so
classified if the lands are situated within an urban expansion or other urban designation
under the general plan land use pattern allocation guide (LUPAG) map. (Planning
Department Exhibit 1 — Zoning Code Requirements for Family Agricultural
Districts Residential Districts)
2. Purpose for the Request: The primary purpose for the request is to create a 4-lot
subdivision with lots at least 5 acres in size. The subject property was purchased by the
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applicant and his two partners in May 2023, and all intend to own a lot and eventually
reside within the proposed 4-lot subdivision. The last remaining lot will be purchased by
a mutual friend and local doctor as a retirement property. These collective friends and
partners wish to make this property their personal residence.
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 within 5 years. The applicants estimate the cost of improvements will be
approximately $150,000.
4. Landowners: Ryan James Leese, Seth Roosevelt, and Gary Roosevelt.
5. Supporting Information: The applicant has submitted the following in support of their
request. (Planning Department Exhibit 2 — Change of Zone Application dated
November 21,2023 and Email with additional information dated February 12, 2024)
BACKGROUND INFORMATION
6. County Council Resolution No. 330 96: On June 2, 1997, the County Council adopted
Resolution No. 330 96, establishing a policy relating to change of zone actions within the
Kaloko Mauka Subdivision. The Council established patterns for rezoning ordinances for
the lower third of the subdivision up to the 2,600-foot elevation to be Agricultural
3-acre (A-3a), Agricultural 5-acre (A-5a) from 2,600 feet to 2,900 feet; and above the
2,900-foot elevation, Agricultural 10-acre (A-10a) zoning (See Exhibit A of the
application).
7. 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.
As this property is situated below the 3,000-foot elevation (between 2,350 and 2,530-foot
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elevations), the change of zone request is not limited to the two dwellings per twenty
acres restriction, but the conditions of forest conservation continue to apply as it has
applied to most of the previous change of zone approvals in the Kaloko Mauka
subdivision area, even below the 3,000-foot elevation area. (Planning Department
Exhibit 3—Resolution 58 97)
STATE AND COUNTY PLANS
8. State Land Use Designation: Agricultural (A).
9. County Zoning: Agricultural-20 acre (A-20a).
10. 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.
11. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area.
12. 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 4.5 miles from the nearest shoreline and not situated within the SMA.
13. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the
Hawaii County Council on September 25, 2008 and most recently amended on
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
14. Subject Property: The 21.942-acre subject property is trapezoid in shape with direct
frontages along both Kaloko Drive and Hao Street. It is heavily forested and vacant of
any structures and improvements. The property slopes moderately at an average grade of
10 to 13 percent and there are no topographic constraints to the proposed 4-lot
subdivision. According to the applicant, this subject property resides within the mid-
lower section of the Kaloko Mauka Subdivision and represents the last of the 20-acre lots
that originally comprised this section of the subdivision.
15. Surrounding Zoning/Land Uses: Properties surrounding the subject parcel have been
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previously rezoned to Agricultural (A-3a & A-5a) and Family Agricultural (FA-3a &
FA-5a) zoning and have been subdivided into lot sizes ranging from 3 to 5 acres. Land
uses in the surrounding area are primarily low-density residential uses with a few lots
maintaining small pasture areas.
16. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject
property is classified as Other Important Agricultural Land.
17. 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.
18. U.S.D.A. Soil Survey: Puna series consisting of moderately deep, well drained soils that
formed in organic material mixed with minor amounts of basic volcanic ash in A`a lava.
Slopes range from 2 to 40 percent.
19. FEMA FIRM MAP: The subject parcel is in an area designated as flood 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.
20. Flora/Fauna Resources: No professional flora or faunal surveys were conducted of the
subject property; however, the applicant conducted a review of information associated
with similar rezonings in the general area which did not disclose any habitats associated
with protected species of plants or animals, thus they do not believe that any endangered
flora or faunal resources are likely to be located within the property. The subject property
is heavily forested with native trees and shrubs such as `Ohi`a, tree fern, other native
trees and shrubs, and non-native vegetation. Wildlife at the property, as witnessed in
records of other nearby properties, consists of turkeys, hawks, Chinese pheasants, and
other forest birds. Vegetative cover is a mixture of native and non-native species.
According to the State Department of Land and Natural Resources—Division of Forestry
and Wildlife, the Hoary Bat or `Ope`ape`a, the Blackburn's Sphinx Moth, the Hawaiian
Goose or Nene, and the Hawaiian Hawk or `Io could potentially occur in the vicinity of
the project area. Furthermore, the applicant cited recommended mitigation measures for
possible impacts on the Hoary Bat and `Io as well as the steps to minimize the spread of
Rapid `Ohi`a Death (ROD) and have represented that they will apply those as necessary
during the development of the property.
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21. Archaeological/Historic/Cultural Resources: No professional archaeological or
cultural studies were conducted on the property; however, the applicant is unaware of any
archaeological features located on the subject property. 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. The State Historic
Preservation Division (SHPD) has no objection to the change of zone request but requests
the opportunity to review any permits involving future ground disturbance associated
with the development of the project. The applicant has not observed and is not aware of
whether the subject property or the immediate surrounding area was used in the recent
past for the gathering of plants by native Hawaiians.
22. Public Access: There is no known public access to the mountain or shoreline that
traverses through the subject property.
23. Traffic: According to the Institute of Transportation Engineers (ITE) Common Trip
Generation Rates, the proposed 4-lot subdivision is expected to generate about 4 peak
hour vehicle trips, which is below the 50-peak hour trips for a project to trigger a Traffic
Impact Analysis Report (TIAR) by the Zoning Code's concurrency section. 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
24. Access: Primary access to the subject property is from Kaloko Drive, a County-
maintained roadway having a pavement width of 22 feet with grassed shoulders within an
80-foot-wide right-of-way. The applicant is proposing access driveways for two of the
proposed lots from Kaloko Drive and two access driveways from Hao Street, also a
County maintained roadway having a pavement width of 20 feet with grassed shoulders
within a 50-foot-wide right-of-way, which intersects with Kaloko Drive. According to the
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Department of Public Works (DPW), all driveway connections and construction within
the County right-of-way shall conform to Chapter 22, County Streets, of the Hawaii
County Code and include the provision of adequate site distances meeting with the
approval of the DPW-Engineering Division.
25. Water: According to the Department of Water Supply (DWS), water is available for the
proposed subdivision from existing 8-inch lines within Kaloko Drive and Ha6 Street. The
applicant shall secure and maintain a water commitment for 3 additional units of water in
accordance with DWS requirements. Furthermore, the applicants shall construct and
convey required water systems improvements and remit necessary facilities charges prior
to receipt of final subdivision approval.
26. Wastewater: There is no municipal sewer system servicing the subject property. The
applicant proposes to install septic systems compliant with State Department of Health
standards as part of construction of dwellings on the lots resulting from the subdivision.
27. Essential Utilities and Services: Electrical and telephone services are available to
support the proposed subdivision.
28. Public Safety: The area is served by police and fire stations in Kailua-Kona and
Kealakehe, approximately five miles southwest of the subject property. Medical services
are available at the Kona Hospital in Kealakekua.
AGENCIES' COMMENTS
Department of Public Works-Engineering Division: (Planning Department Exhibit
4—December 18,2023 Memo).
29. Department of Water Supply: (Planning Department Exhibit 5 —December 20, 2023
Memo).
30. Department of Environmental Management: (Planning Department Exhibit 6 —
December 6,2023 Memo).
31. DLNR-State Historic Preservation Division: (Planning Department Exhibit 7 —
February 27,2024 Letter).
32. State Department of Health: (Planning Department Exhibit 8 — December 8, 2023
Memo).
AGENCIES -NO COMMENTS/NO CONCERNS
33. Police Department.
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AGENCIES -NO RESPONSE
34. Fire Department, State Department of Transportation.
PUBLIC COMMENTS
35. Planning Department Exhibit 9— Two Emails from Karie Smart dated December 9,
2023 and January 15, 2024.
APPLICANT'S RESPONSE TO AGENCY & PUBLIC COMMENTS
36. Planning Department Exhibit 10—Letter from Daryn Arai dated March 22, 2024.
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ZONING § 25-5-57
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau's master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol "FA' followed by a number and the lower case letter "a" which indicates the
required number of acres for each building site. For example, FA-la means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept. 25-87
Exhibit 1
§ 25-5-62 HAwAI'I COUNTY CODE
Section 25-5-62. Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(8) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation.
(12) Group living facilities.
(13) Kennels.
(14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
(16) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
(18) Roadside stands for the sale of agricultural products grown on the premises.
(19) Utility substations, as permitted under section 25-4-11.
(20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
(21) Veterinary establishments.
(b) The following uses may be permitted in the FA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers.
25-88
ZONING § 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that either a use
permit is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
am 2021, ord 21-26, sec 9; am 2021, ord 21-52, sec 8.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-89 SUPP. 11 (1-2022)
§ 25-5-65 HAwAI'l COUNTY CODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
25-90
ZONING § 25-5-67
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 7.A,Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
"A" followed by a number together with the lower case letter "a" which indicates the
required or minimum number of acres for each building site. For example, A-10a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
25-91
CHANGE OF ZONE APPLICATION
Applicant: RYAN LEESE
Request: A-20a to FA-5a
Tax Map Key: (3) 7-3-024:003
Kaloko Mauka Subdivision, Kaloko, North Kona District
Hawaii Island
Prepared by: Daryn Arai, Planning Consultant
Planning Dept. November2023
Exhibit 2
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Ryan Leese
APPLICANT'S SIGNATURE: (see authorization letter) DATE:November 15, 2023
ADDRESS: 75-5782 Kuakini Highway, Apt 407
Kailua-Kona, HI 96740
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (203) 605-1722 (Fax) ryanjleese@gmail.com
LANDOWNER(S): Ryan Leese, Seth Roosevelt, Gary Roosevelt
LANDOWNER SIGNATURE(S): (see attached authorization letter) DATE:November 15, 2023
75-5782 Kuakini Highway,gletter)
407
LANDOWNER(S) ADDRESS: P
Kailua-Kona, HI 96740
REQUEST: Agricultural-20 acres (A-20a) TO Family Agricultural —5 acre (FA-5a)
Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3� 7 - 3 - 024 : 003
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 21.942 acres
AGENT: Daryn Arai
ADDRESS: PO Box 4501
Hilo, Hawaii 96720
email: Daryn.Arai@outlook.com
TELEPHONE:(Bus.) (808) 895-3218 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Applicant COPIES: Agent
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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? 21.942
b. Into what lot sizes? Min 5 acre
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? 1 year
d. Do you intend to build houses on the newly created lots?
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. included
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? N/A
b. Sell or lease the land to someone who has tentative plans? N/A
c. Sell or lease the land to someone who has no plans? N/A
d. Keep it? N/A
e. Other(please state)
P.D.2 5/84
1
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.
N/A
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? No
How?
4. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is approved?
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of small agricultural lots? YES
If so, did your plan include the following considerations?
a. Commodity to be produced? N/A
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity? N/A
c. Sufficient farm size to allow reasonable chance of success in
commercial agriculture? No
2
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? NONE
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. N/A
If you do not intend to subdivide the subject land for some sort of
Agricultural purpose, please state your other reasons.
Subdivide to provide opportunities for each lot owner to live on the property
and to determine appropriate crops or animals to cultivate
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? NO
If so, please describe the problem.
8. Do you think that the roads leading up to the subject area needs
improvements? NO
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
e. Police Protection X
f. Fire Protection X
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: (see authorization letter)
Address: 73-4855 Kanalani Street, Suite 6 Kailua-Kona 96740
Telephone: (203) 605-1722
Date: November 15, 2023
4
ENVIRONMENTAL REPORT
for
CHANGE OF ZONE APPLICATION
Applicant: RYAN LEESE
Request: A-20a to FA-5a
Tax Map Key: (3) 7-3-024:003
Kaloko Mauka Subdivision, Kaloko, North Kona District
Hawaii Island
Prepared by: Daryn Arai, Planning Consultant
November 2023
Table of Contents
A. DETAILS OF PROPOSED USE/DEVELOPMENT...............................................................................................1
1. Applicant's Request..........................................................................................................................................1
2. Location of Property.........................................................................................................................................1
3. Statement of Objectives and reasons for the request.....................................................................................2
4. Proposed Project Details ................................................................................................................................2
5. Timeframe and cost..........................................................................................................................................4
B. LAND USE AND OTHER REGULATORY CONSIDERATIONS...............................................................................4
6. General Plan Land Use Pattern Allocation Guide(LUPAG) Map.......................................................................4
7. I(ona Community Development Plan................................................................................................................5
8. State Land Use Designation .............................................................................................................................6
9. Current County Zoning.....................................................................................................................................7
10. Coastal Zone Management, HRS, Chapter 205A..............................................................................................8
11. Special Management Area (SMA).....................................................................................................................9
C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA................................................................................9
12. Subject Property...............................................................................................................................................9
13. Surrounding Zoning/Land Uses......................................................................................................................10
14. ALISH: Other Lands........................................................................................................................................10
15. Land Study Bureau's Detailed Land Classification System..............................................................................11
16. US Soil Survey.................................................................................................................................................11
17. FIRM ...............................................................................................................................................................11
18. Geologic Hazards............................................................................................................................................11
19. Flora/Fauna Resources...................................................................................................................................12
20. Archaeological Resources...............................................................................................................................13
21. Native Hawaiian Gathering Rights..................................................................................................................13
22. Public Access...................................................................................................................................................14
D. PUBLIC UTILITIES AND SERVICES..................................................................................................................14
23. Access.............................................................................................................................................................14
24. Traffic..............................................................................................................................................................14
25. Water..............................................................................................................................................................15
26. Wastewater....................................................................................................................................................15
28. Essential Utilities and Services .......................................................................................................................15
29. Public Safety...................................................................................................................................................15
E. REGULATORY ANALYSIS...............................................................................................................................16
30. Hawai`i County General Plan..........................................................................................................................16
31. Public Services and Utilities and Concurrency Analysis..................................................................................16
32. I(ona Community Development Plan..............................................................................................................19
33. Coastal Zone Management.............................................................................................................................21
34. Anticipated effects upon the Special Management Area...............................................................................22
F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES.........................................................23
G. CONCLUSION ..................................................................................................................................................25
COUNTY ENVIRONMENTAL REPORT
IN SUPPORT OF CHANGE OF ZONE APPLICATION for
RYAN LEESE
Affecting Tax Map Key: (3) 7-3-024: 003; Kaloko Mauka Subdivsion, Kaloko, North Kona
A. DETAILS OF PROPOSED USE / DEVELOPMENT
1. Applicant's Request
Ryan Leese ("Applicant") is requesting a change of zone for a 21.942-acre parcel
from an Agricultural-20 acres (A-20a) to an Family Agricultural-5 acre (FA-5a) zoning
district in support of a proposed 4-lot subdivision, with each lot consisting of a minimum
size of five (5) acres. If approved, the requested FA-5a zoning would allow for a blend of
small-scale agricultural operations associated with residential activities which may be
characterized by farm estates, small acreage farms, or subsistence lots.
2. Location of Property
The subject property is situated within the Kaloko Mauka Subdivsion, at the
second intersection of Kaloko Drive and Hao Street from the Mamalahoa Highway
(Hawai`i Belt Road), as shown below on Figure 1-Location Map below.
a. I 14 l
-5 -
.l .
SUBJECT PROPERTY \
l'A
Figure 1 - Location Map
1 Page
3. Statement of Objectives and reasons for the request
The requested change of zone to an FA-5a zoning district will support the
development of a proposed 4-lot subdivision with lots at least 5 acres in size, as
conceptually shown on Figure 2-Preliminary Subdivision Plat as shown below.
The subject property was purchased by the Applicant and his two partners in
May 2023, and all intend to own a lot and eventually reside within the proposed 4-lot
subdivision. The last remaining lot will be purchased by a mutual friend and local doctor
as a retirement property. These collective friends and partners simply wish to make this
property their personal residence.
4. Proposed Protect Details (see Figure 2— Preliminary Subdivision Plat)
a. 4-lot subdivision with lots at least 5-acres in size.
b. Each proposed lot will have direct frontage along either Kaloko Drive or Hao Street,
both County-maintained roadways. No more than one single driveway approach
from each proposed lot onto either County road will be permitted. While past
rezonings in the general area have restricted driveway or roadway approaches onto
Kaloko Drive, the Applicant is requesting that driveway approaches, at least for
proposed Lot 1-C and Lot 1-D be permitted due to the configuration of the subject
property. Allowing for individual driveways for each lot onto both Kaloko Drive and
Hao Street will likely reduce the amount of forest clearing to accommodate a
compliant subdivision road with a minimum 50-foot wide right-of-way and a 90-foot
diameter turnaround.
c. One water meter will be installed to each of the proposed lots for individual water
service. If required, backflow preventers will also be installed.
d. Restrictive covenants will be included within the deed of each proposed lot reserving
the following easements and special setbacks in perpetuity for purposes of
protecting and maintaining naturally forested areas and shall delineate such
easements and setbacks on plans submitted for subdivision review:
1. a 60-foot wide " forest reserve easement" along the existing Kaloko Drive
and Hao Street frontages of each proposed lot, exclusive of its individual
access points as permitted by the Department of Public Works;
2. a 30-foot" forest reserve easement" along all lot lines not covered by the 60-
foot wide easement; and
3. a 60-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
2 Page
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Figure 2 — Preliminary Subdivision Plat
3 Page
e. Additional restrictive covenants will be included to manage the existing forest
canopy and number of dwelling units permitted on each proposed lot by specifying
that:
1. including the area comprising the forest reserve easements, no less than
eighty percent (80%) of the entire lot area will be retained in forest;
2. the construction of a second dwelling unit and condominium property
regimes( CPR) will be prohibited on each lot unless deemed permitted by the
County Council;
3. a forest management plan for the proposed lots within the subject property
will be prepared and submitted for review and approval by the Planning
Director in consultation with the State Department of Land and Natural
Resources. The forest management plan will include a best forest and
reforestation practices program that shall govern the proposed lots for a
period of at least fifty (50) years until such time it is terminated by the
County Council.
5. Timeframe and cost
Should the requested FA-5a zoning be approved, the Applicant will be prepared
to submit a subdivision application to the Planning Department within a period of one
year. Upon the issuance of tentative subdivision approval, the Applicant anticipates that
the design and installation of required subdivision-related improvements could take
about 2 years, provided that access improvements can be limited to individual
driveways, avoiding the need to construct a 50-foot wide subdivision road along with
associated drainage systems.
All told, the Applicant anticipates that no more than 5 years is needed to secure
Final Subdivision Approval once the FA-5a zoning is approved, taking into account
possible unexpected delays in permitting and construction activities. Anticipated site
development and infrastructure systems will be somewhere around $150,000. Should a
consolidated access and internal roadway be required, the anticipated cost will be
significantly higher and undetermined at this time.
B. LAND USE AND OTHER REGULATORY CONSIDERATIONS
6. General Plan Land Use Pattern Allocation Guide (LUPAG) Map:
The County of Hawaii General Plan is the policy document for the long-range
comprehensive development of the island of Hawaii. The General Plan Land Use
Pattern Allocation Guide (LUPAG) has been interpreted the subject property and
surrounding area as Important Agricultural Land, determined particularly by is location
within the Kona Coffee Belt. (refer to Figure 3— LUPAG Map)
4 1 P a g e
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SUBJECT PROPERTY
s 0 IMPORTANT AGRICULTURAL LAND
URBAN EX ANS
Figure 3 —LUPAG Map
7. Kona Community Development Plan
The Kona Community Development Plan (KCDP) was developed and adopted by the
County Council on September 25, 2005 as Ordinance No. 08 131, as amended by
Ordinance No. 19 091, effective September 18, 2019.
The KCDP has goals, objectives, and policies relevant to housing through its Land Use
section that specifically includes similar goals as the General Plan regarding preservation
of natural resources and native species, as well as watershed protection.
The proposed subdivision situated outside of the Kona Urban Area, as shown on
Figure 4— Kona Community Development Plan, and not within any roadway
concurrency zone. The proposed 4-lot subdivision and requested FA-5a zoning is
compatible with the rural character of lands located within the Kaloko Mauka
Subdivision and consistent with the intent to preserve the forest corridors within the
Kaloko Mauka subdivision.
5 Page
k
Keahole
❑ I
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LEGEND '` '— f J f' SUBJECTfiROPER
Kona Urban Area` _ 'r
y
ORural Town TOt}s"
Proposed Transit Line
...... Trunk
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Secondary
TOO Type
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Neighborhood , }
Regional Center _ \
Existing Roadway
Policy Layer Kailua r ivaloa,
0 0.5 1 2
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1 inch equals 1 miles _
Source: County of Hawaii
The County of Hawaii Planning
Department is the repository of -
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Figure 4— Kona Community Development Plan
8. State Land Use Designation: Agricultural.
The project site is situated within the State Land Use Agricultural District, which
includes lands for the cultivation of crops, aquaculture, raising livestock, wind energy
facility, timber cultivation, agriculture-support activities (i.e., mills, employee quarters,
etc.) and land with significant potential for agriculture uses. Uses permitted in the
highest productivity agricultural categories are governed by statute. Uses in the lower-
productivity categories —C, D, E or U —were established by the Land Use Commission to
include those uses allowed on A or B lands as well as those stated under Section 205-
4.5, Hawaii Revised Statutes. The requested FA-5a is consistent with the uses and
minimum lot sizes permitted within the State Land Use Agricultural district (see Figure 5
—State Land Use Designation).
6 Page
CONSERVATION
1
I
SUBJECT PROPERTY
URBAN
AGRICULTURAL
i,
Figure 5 —State Land Use Designation
9. Current County Zoning: Agricultural-20 acres minimum lot size (A-20a)
The Agricultural (A) zoning district provides 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. In the case of the A-20a zoning district, it defines a
minimum lot size of 20 acres (see Figure 5 - Current Zoning). The concurrency provision
of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads,
water supply, and civil defense sirens that must be met and/or addressed as part of all
rezoning applications. Suffice to say, the request is consistent with these standards and
will be discussed in detail relative to the water, traffic, and public safety portions of this
report.
The requested FA-5a zoning is identical to adjoining lands immediately to the
south of the subject property, as well as consistent with lands to the north, east and
west that maintain Agricultural (A) or Family Agricultural (FA) zoning with minimum lot
sizes ranging between 3 to 5 acres, as depicted in Figure 6 - Current Zoning.
Note that the County Council, by the adopted Resolution No. 330 96 on June 19,
1996 (see Exhibit A), established a policy relating to change of zone actions within the
Kaloko Mauka Subdivision. The Council established patterns for rezoning ordinances for
the lower third of the subdivision up to the 2,600-foot elevation to be Agricultural 3-
acre (A-3a), Agricultural 5-acre (A-5a) from 2,600 feet to 2,900 feet; and above the 2,900
7 Page
# 1 _
A-10
Figure 6—Current Zoning
foot elevation, Agricultural 10-acre (A-10a) zoning. The subject property is located at
between the elevation of 2,350 and 2,530 feet, with the requested FA-5a zoning
consistent with the Council's Resolution.
10. Coastal Zone Management, HRS, Chapter 205A
The entire State of Hawai'i lies within the Coastal Zone Management area. The
intent of the Coastal Zone Management Program is to guide and regulate public and
private uses in the coastal zone management area with respect to recreational
resources, historic resources, public access to the shoreline, scenic and open space
resources, coastal ecosystems, marine resources, economic uses, coastal hazards,
managing development, public participation, and beach protection.
As the subject property is located more than 4.5 miles from the nearest
shoreline, the requested rezoning and proposed subdivision is not anticipated to have
any adverse effects upon the island's coastal recreational and marine resources nor
beach processes that would require its protection. Similarly, coastal ecosystems will not
be impacted due to the distance from the shoreline and compliance with applicable
governmental requirements related to wastewater disposal and erosion and
sedimentation controls. And as a non-shoreline-fronting property, coastal hazards are
not expected.
8 Page
11. Special Management Area (SMA)
The Special Management Area is a part of the Coastal Zone Management
Program that is regulated by the County, established to promote the State's policy to
preserve, protect, and where possible, to restore the natural resources of the coastal
zone of Hawai'i. Therefore, special controls on development within the area along the
shoreline are necessary to avoid permanent loss of valuable resources and the
foreclosure of management options, and to ensure that adequate public access is
provided to public-owned or used beaches, recreation areas, and natural reserves, by
dedication or other means. The subject property is not situated within the SMA and at
least 4 miles from the nearest designated lands, and therefore its objectives and policies
as it relates to the proposed project will be discussed within this environmental report.
C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA
12. Subject Property
The subject property, consisting of approximately 21.942 acres, is trapezoidal in
shape with direct frontages with both Kaloko Drive and Hao Street and remains
undeveloped and heavily forested (see Figure 7-Aerial Site Map). From the Mamalahoa
Highway, it would be a 1.8 mile drive up (mauka) along Kaloko Drive to the subject
property where it resides between the 2,350 and 2,530-foot elevations and is
moderately sloping at an average grade of about 10 to 13 percent. Topgraphic
constraints that would hinder the subdivision of the subject property are not
anticipated, especially taking into consideration that extensive infrastructural
improvements are not proposed and likely not required.
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Figure 7—Aerial Site Map
9 Page
13. Surrounding Zoning/Land Uses
The subject property resides within the mid-lower section of Kaloko Mauka
Subdivision, and represents the last of the original 20+-acre lots that originally
comprised the Kaloko Mauka Subdivision that was created on September 15, 1966, as
shown in Figure 6—Current Zoning. Completely surrounding the subject property are
lands that have undergone rezoning to various Agricultural and Family-Agricultural
zoning districts with lot sizes ranging from 3 to 5 acres. Actual uses occurring in the
immediate proximity of the subject property primarily comprise of low-density
residential uses with a few lots maintaining small pasture areas.
14. ALISH:
As shown on Figure 7-ALISH Map below, the majority of the subject property is
classified as Other Important Agricultural Lands according to the Agricultural Lands of
Importance to the State of Hawaii (ALISH), which are lands other than PRIME or
UNIQUE AGRICULTURAL LAND that is of state-wide or local importance for the
production of food, feed, fiber and forage crops. These lands are important to
agriculture in Hawaii yet they exhibit properties, such as seasonal wetness, erodibility,
limited rooting zone, slope, flooding, or droughtiness, that exclude them from the
PRIME or UNIQUE AGRICULTURAL LAND classifications. These lands can be farmed
satisfactorily by applying greater inputs of fertilizer and other soil amendments,
drainage improvement, erosion control practices, flood protection and produce fair to
good crop yields when managed properly.
OTHER IMPORTANT
- 1
UNCLASSIFIED �� AGRICULTURAL
LANDS
UNCL IFLED ,
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� SUBJECT PROPERTY
L . OTHER IMPORTANT
UNCLASSIFIED� AGRICULTURAL
LANDS
Figure 7—ALISH Map
10 Page
15. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor"
As shown on Figure 8-Land Study Bureau, soils within the subject property are
classified as "E" or "Very Poor" for agricultural productivity.
D
E
D
C
F
D
SUBJECT PROPERTY
C
O
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Figure 8—Land Study Bureau
16. US Soil Survey: Puna Series
The Puna series consists of moderately deep, well drained soils that formed in
organic material mixed with minor amounts of basic volcanic ash in A`a lava. Slopes
range from 2 to 40 percent. The mean annual rainfall is about 1650 millimeters (65
inches). These soils formed mainly in organic material consisting of decomposed leaves,
twigs, and wood; and to a lesser degree basic volcanic ash, cinders, and weathered
lava. The soil is well drained, runoff is negligible to low, and permeability is rapid. Used
primarily for wildlife habitat; some areas are used for grazing and orchards. The natural
vegetation is ohia lehua (Metrosideros polymorpha) and hapu`u ortreefern (Cibotium
spp.).
17. FIRM: Zone X
The entire property is designated within Zone "X" - determined to be outside the
500-year flood plain and not subject to coastal flooding nor impacts due to sea level rise
due to its elevation in excess of 2,350 feet above mean sea level.
18. Geologic Hazards:
According to the United States Geological Survey maps, the subject property is
located within Lava Flow Hazard Zone 4, on a scale of ascending risks from 9 to 1.
Zone 4 includes all of Hualalai volcano, where the frequency of eruptions is lower than
11 Par, e
that for Kilauea or Mauna Loa. Lava coverage is proportionally smaller, about 5 percent
since 1800, and less than 15 percent within the past 750 years. The Building Code
designates the entire island of Hawai'i as Earthquake Zone "D" and contains certain
structural requirements to address the relative seismic hazard. All structures would
have to comply with this standard. As the subject property is situated over 4.5 miles
from the nearest coastline, the subject property is located outside of any tsunami
evacuation zone.
19. Flora/Fauna Resources
While no professional flora or faunal surveys were conducted of the subject
property, the Applicant does not believe that any endangered flora or faunal resources
are likely to be located within the property. A review of information associated with
similar rezonings in the general area did not disclose any habitats associated with
protected species of plants or animals. The subject property is heavily forested with
native trees and shrubs such as ohia, tree fern, other native trees and shrubs, and non-
native vegetation. Wildlife at the property, as witnessed in records of other nearby
properties, consists of turkeys, hawks, Chinese pheasants, and other forest birds.
Vegetative cover is a mixture of native and non-native species. According to the State
Department of Land and Natural Resources— Division of Forestry and Wildlife, the
Hoary Bat or `Ope`ape`a, the Blackburn' s Sphinx Moth, the Hawaiian Goose or Nene,
and the Hawaiian Hawk or `lo could potentially occur in the vicinity of the project area.
In situations where there is a potential presence of the Hawaiian Hoary bat, the
State Division of Fish and Wildlife ("DOFAW") on some applications has recommended
that a) woody plants greater than 15 feet tall not be removed or trimmed during the
bat's breeding season (June 1 to September 15); and b) barbed wire fencing be avoided
as much as possible. The Applicant is willing to adhere to these recommendations
during limited site clearing associated with the proposed subdivision, such as for
housepads and driveways.
Relative to the Hawaiian hawk, the DOFAW's concern has usually been noise and
its potential impact to the hawk's breeding season — March through September. As
such, the Applicant will avoid any land clearing during that period, which is somewhat
coincident to the tree removal/trimming restriction above.
Given the existing forest canopy that also includes significant stands of `Ohia, the
Applicant and future lot owners will be mindful to minimize the movement of plant or
soil material between work-sites to reduce the transport of invasive fungal pathogens
such as Rapid `Ohia Death, vertebrate and invertebrate pests such as Little Fire Ants and
Coconut Rhinoceros Beetles, or invasive plant parts that could harm native species and
ecosystems. All equipment, materials, and individuals accessing the subject property
will be cleaned of excess soil and debris to minimize the risk of spreading invasive
species.
12 Page
20. Archaeological Resources
No professional archaeological survey of the subject property was conducted,
with the Applicant stating no knowledge of archaeological features on the subject
property. The State Historic Preservation Division will be notified and all work shall
immediately cease should inadvertent discovery of any archaeological feature be
encountered during development of the proposed subdivision.
Other past rezoning actions in the immediate proximity of the subject property
make reference to within the boundaries of a precontact age upland agricultural system
that was the subject of a reconnaissance survey and test excavations in 1970 and 1971
by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified
remains of an agricultural field system up to the 3,500-foot elevation at certain
locations. The Applicant is not aware and has not encountered any features within the
subject property that could be associated with this agricultural field system. Regardless,
the Applicant will abide by any requirement to immediately cease land alteration
activities should any unanticipated archaeological features or remains be encountered,
resuming only upon the receipt of proper clearances by the Planning Department and
the State Historic Preservation Division (SHPD). Given the land clearing restrictions
anticipated to preserve the existing forest canopy, the effect of such clearing upon any
possible archaeological features is minimal. The Applicant will comply with any grading
or grubbing requirements that are also subject to SHPD review.
21. Native Hawaiian Gathering Rights
According to the Applicant, there are no known customary or Native Hawaiian
cultural rights exercised within the subject property. The Hawaii State Supreme Court's
"PASH" and "Ka Pa`akai 0 Ka`Aina" decisions require decision-makers to consider a
project's impact to native Hawaiian gathering and fishing rights. Specifically, there must
be a discussion of the cultural, historical, and natural resources and associated
traditional and customary practices of this site and the impact of this project to these
resources and practices.
The Applicant has not observed, and is not aware of whether the subject
property or the immediate surrounding area was used in the recent past for the
gathering of plants by native Hawaiians. Thus, it would appear unlikely that the site
would serve such purpose today. Therefore, it would appear very unlikely that the
subject property serves as a place for worship or plant/food gathering for native
Hawaiians today and/or in the recent past. Given the above, it can be reasonably be
concluded that the proposed project should have no significantly adverse impact
affecting native Hawaiian cultural and historical resources and/or practices which
cannot be reasonably mitigated.
13 Page
22. Public Access
The Applicant is not aware of any historic or commonly used trails that traverse
over the subject property to gain access to resources within the general vicinity. Should
information arise that confirms the existence of such a public accessway through the
subject property, the Applicant will attempt to incorporate it within the proposed
subdivision.
D. PUBLIC UTILITIES AND SERVICES
23. Access
Kaloko Drive, a County-maintained roadway having a pavement width of 22 feet
with grassed shoulders within an 80-foot wide right-of-way, provides the primary access
to the subject property from the Mamalahoa Highway. Hao Street, also a County-
maintained roadway having a pavement width of 20 feet with grassed shoulders within
a 50-foot wide right-of-way, intersects with Kaloko Drive and will provide access to one
or two lots within the 4-lot subdivision, subject to the preference of the lot owner and
the requirements of the Department of Public Works.
24. Traffic
Section 25-2-46(d)(1) of the concurrency provision requires a Traffic Impact
Analysis Report (TZAR) as part of any rezoning application in situations where the
projected use can generate 50 or more peak hour trips. A TIAR was not performed as
the project does not invoke the County's concurrency requirements. According to the
Institute of Transportation Engineers Common Trip Generation Rates, a proposed 4-lot
subdivision is expected to generate about 4 peak hour vehicle trips, well below the 50
peak hour trip benchmark.
Past rezonings within Kaloko Mauka Subdivision have drawn concerns from the
State Department of Transportation (DOT) regarding the cumulative effects of
increasing traffic within the subdivision upon the Kaloko Drive-Mamalahoa Highway
intersection. Previous rezones in the Kaloko Mauka subdivision have typically included a
condition of approval requiring that the fair share fee to mitigate regional impacts to
transportation be allocated solely for the County and/or State to improve the Kaloko
Drive-Mamalahoa Highway intersection. On December 15, 2005, a Conceptual Design
Analysis and Cost Estimates for this intersection was completed and approved by the
DOT with the requirement of a Traffic Impact Analysis Report.
The DOT subsequently requested that the County establish a working group
consisting of the Planning Department, Department of Public Works (DPW), and DOT to
evaluate the options available to improve traffic safety using the fair share fees
collected by the County for improvements to the intersection. The Applicant
understands that this group has not yet been formed. Nevertheless, the Applicant
understands that a fair share fee for roadway improvements, among other public
facilities, will be assessed against the three (3) additional lots to be created should this
14 Page
rezoning request be approved, further contributing to the future improvement of this
intersection.
25. Water
County water can be made available to the subject property via an existing 6-
inch waterline fronting the subject property along Kaloko Drive. If required by the
Department of Water Supply, a fire hydrant(s) will be installed. The Applicant will
coordinate with the DWS during the subdivision process to ensure that water and fire
flow requirements are met.
26. Wastewater
There is no municipal sewer system in this section of North Kona. An Individual
septic system, compliant with State Department of Health standards, is proposed for
each lot as part of the construction of individual dwellings or agricultural-related
structures.
27. Solid Waste
Solid waste will be handled through commercial haulers or disposal by the
landowner into authorized landfill sites or transfer stations. The nearest transfer station
is located at Kealakehe Transfer and Recycling facility, about 8 miles and a 15-minute
drive from the subject property via Hina Lani Road and the Queen Ka`ahumanu
Highway.
28. Essential Utilities and Services
Other utilities, such as electrical and telephone services, are available to the
subject property to support the proposed subdivision. The area is served by police and
fire stations in Kailua-Kona and Kealakehe, approximately five miles southwest of the
subject property. Kealakehe Elementary, Intermediate and High Schools are located
approximately four miles to the north. Medical services are available at the Kona
Hospital in Kealakekua.
29. Public Safety
Given the proximity of the subject property just outside of the Kona Urban Area,
protective and emergency services are located in nearby Kailua-Kona. Police services
are located about 8 miles away at Kealakehe, with a fire station located at Makalei
about 4 miles and an 8-minute drive to the north. There is no known Civil Defense
sirens within the general area. The County's concurrency requirements regarding Civil
Defense sirens do not apply to the project as it is not proposing commercial or industrial
activities equal to or greater than 35,000 square feet of gross floor area or introducing
more than 24 residential units [Section 25-2-46(o), Hawaii County Code]. While a Civil
Defense siren is an effective means of providing warning of pending harm, the County of
Hawaii does allow residents and visitors to sign up with their Emergency Notification
System (ENS) that provides voice, email and text alert notifications about emergency
situations within the County.
15 Page
E. REGULATORY ANALYSIS
30. Hawai`i County General Plan
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
Land use is one of the principal focal points of public concern and policy. The
Land Use Element of the General Plan provides the primary basis for direct control and
guidance of publicly and privately owned resources. It is also intended to be used as a
policy guide for the coordinated growth and development of all sectors of the County. It
sets forth goals, policies, standards and courses of action to accommodate growth
without congestion, to designate and preserve the lands needed for residential use,
commercial and visitor services, industry, agriculture and open space, and to coordinate
these uses with the County's service and circulation systems. The overall Land Use
goals, policies and standards are set forth to physically plan the lands in the County in
the best interest of the island's residents.
In addition to its goals, policies and standards, the General Plan also includes the
Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of
the document's goals and policies to guide the coordinated growth and development of
all sectors of the County by presenting a graphic depiction of the physical relationship
among the various land uses. The LUPAG Map establishes the basic urban and non-
urban form for areas within the County.
The LUPAG map, as interpreted by the Planning Director, classifies the subject
property as Important Agricultural Land due to its elevation and proximity within the
Kona Coffee Belt.
Realistically, the promotion of agricultural activities within the subject property
is contrary to past rezoning actions within Kaloko Mauka Subdivision that has placed a
priority on preserving the existing forest canopy. The combination of forest buffer
easements and maximum clearing of 20 percent of any lot severely hampers any
agricultural opportunities in favor of protecting the forest. The subject property, which
hosts a largely intact forest canopy, presents an excellent opportunity to create a few
homesteads in return for preserving the existing forest.
31. Public Services and Utilities and Concurrence Analysis
The proposed 4-lot subdivision will not require the construction of new
roadways due to its direct frontage with Kaloko Drive and Hao Street, both County-
16 Page
maintained roadways that have adequate design capacity to support this proposed
subdivision. All proposed driveway connections will require the approval of the
Department of Public Works.
According to the Institute of Transportation Engineers Common Trip Generation
Rates, the proposed 4-lot subdivision will generate around 4 vehicle trips during the AM
or PM peak hour, and therefore should not have a significant adverse impact to traffic
along either Kaloko Drive or Hao Street and its intersections. While the proposed 4-lot
subdivision, individually, will not affect these roadways, the cumulative effects upon the
intersection of Kaloko Drive and the Mamalahoa Highway needs to be addressed by
both the County and State. If this rezoning is approved, the Applicant will be required to
pay its fair share for improvements to this intersection.
County water can be made available to support the daily potable water needs of
future residents within this proposed subdivision. According to a telephone
conversation with the Department of Water Supply, the Applicant understands that up
to seven (7) units of water can be made available to the subject property.
Wastewater disposal will be accommodated on-site via individual septic systems
that will conform to State Department of Health standards during construction of the
individual farm dwellings.
There is no known emergency warning (civil defense) siren within proximity to
the subject property. Pursuant to Section 25-2-46(o) of the Zoning Code regarding
Concurrency Requirements, this project is not required to provide a siren if this property
is located outside any coverage area. With the advent of cell phones and the
Emergency Notification System (ENS) that provides voice, email and text alert
notifications about emergency situations within the County, there are sufficient
mechanisms in place to ensure that proper emergency notifications are available to the
future landowners within this subdivision.
The property has no severe geological or topographical problems that cannot be
properly rectified or which would render the land unusable for its intended purpose as a
residential and agricultural subdivision. According to the Flood Insurance Rate Map
(FIRM) prepared by the Federal Emergency Management Agency (FEMA), the subject
area is within Zone X, an area determined to be outside the 500-year flood plain. The
subject property is also located outside of any coastal flooding zone or tsunami
evacuation area.
The subject property is located within Kaloko Mauka Subdivision, which lies just
outside of the Kona Urban Area. Therefore, adequate public services and utilities are
available to support this proposed subdivision and the residents who will eventually call
this place home. Police and fire protection, schools, retail and personal services are all
located within a few miles of the subject property. The nearest hospital is located in
17 Page
Kealakekua, more than 14 miles to the south, but there are urgent care facilities within
Kailua-Kona, a few miles away.
Therefore, for the reasons stated above, approval of this change of zone request
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.
• 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 requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability of public services and utilities, access, and public need.
• Rural-style residential-agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations
• The county shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment
The General Plan promotes the subject property as Important Agricultural Lands
due to its location within the Kona Coffee Belt. However, soils are of the Puna series,
which consists of moderately deep, well drained soils that formed in organic material
mixed with minor amounts of basic volcanic ash in A`a lava. These soils formed mainly
in organic material consisting of decomposed leaves, twigs, and wood; and to a lesser
degree basic volcanic ash, cinders, and weathered lava. The soil is well drained, runoff is
negligible to low, and permeability is rapid. This soil is used primarily for wildlife
habitat; some areas are used for grazing and orchards and is not considered as prime
agricultural land and considered very poor in agricultural productivity. Therefore,
approval of this request will also conform to the following relevant goals and policy
regarding the Agricultural component of the Land Use Element:
Goals
• Identify, protect and maintain important agriculture lands on the island of
Hawaii.
• Preserve the agricultural character of the island
Policies
• Designate, protect and maintain important agricultural lands from urban
encroachment.
• Ensure that development of important agricultural land be primarily for
agricultural use.
18 Page
• Important agricultural lands shall not be rezoned to parcels too small to support
economically viable farming units
However, balancing these agricultural intentions with the importance of
maintaining the existing watershed and forest canopy within the Kaloko Mauka
Subdivision, approval of the requested change of zone and implementation of forest
buffers and forest clearing restrictions will implement the following courses of action for
the North Kona District to:
• Establish and maintain appropriate vegetative cover in high rainfall, sediment
and debris producing areas, and
• Maintain and re-establish forest cover in mauka areas to improve the capacity of
the ground to absorb heavy rainfall.
32. Kona Community Development Plan
The Kona CDP, adopted by the Hawaii County Council by Ordinance No. 08- 131
on September 25, 2008, affects the subject property. The subject property is situated
outside the "Kona Urban Area" and not situated within any roadway concurrency zone.
The Kona CDP does define eight (8) guiding principles that guided its
development, and the Applicant finds that the requested change of zone to support a 4-
lot subdivision with parcels no less than 5-acres in size are not in conflict with these
principles, as discussed below:
1. Protect Kona's natural resources and culture.
The subject property, along with the establishment of forest buffers and land
clearing restrictions, represents the best management approach towards reasonable
use of"important agricultural lands" while also managing the Kaloko Mauka
watershed.
The property is also not known as a habitat for any endangered species of plants or
animals nor part of an important drainageway.
The Applicant has not observed, and is not aware of whether the subject property or
the immediate surrounding area was used in the recent past for the gathering of
plants by native Hawaiians. Thus, it would appear unlikely that the site would serve
such purpose today. Therefore, it would appear very unlikely that the subject
property serves as a place for worship or plant/food gathering for native Hawaiians
today and/or in the recent past. Given the above, it can be reasonably be concluded
that the proposed project should have no significantly adverse impact affecting
native Hawaiian cultural and historical resources and/or practices which cannot be
reasonably mitigated.
19 Page
2. Provide connectivity and transportation choices.
The subject property is not situated within an area where roadway networks are
proposed or anticipated, nor within a roadway concurrency zone as defined by the
Kona CDP.
3. Provide housing choices.
The proposed 4-lot subdivision will provide both housing and farming opportunities
to at least 4 families on 5-acre parcels that are more manageable that the current
20+-acre parcel, especially with the land clearing controls encouraged by the County.
4. Provide recreation opportunities.
The requested rezoning and proposed 4-lot subdivision will not provide, nor
eliminate, any recreational opportunities. The subject property is not known as a
resource for any recreational activities.
5. Direct future growth patterns toward compact villages, preserving Kona's rural,
diverse, and historical character.
The proposed 4-lot subdivision will be consistent with the rural community within
this particular section of Kaloko Mauka Subdivision, which has seen the transition of
original 20-acre parcels into smaller lot sizes ranging from 3 to 5 acres.
6. Provide infrastructure and essential facilities concurrent with growth.
The subject property and proposed 4-lot subdivision is and will be serviced by all
essential utilities, with individual lot owners providing individual wastewater
systems meeting State Department of Health requirements.
7. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable
economies.
This project will provide for smaller agricultural lots within an area that also seeks to
preserve the existing forest canopy. Land use history within Kaloko Mauka
Subdivision has prioritized the protection of the forest canopy over the broad
clearing needed for larger pasturage or farming operations. Smaller parcels of land
will equate to greater and more diverse agricultural opportunities, especially given
the expected land clearing restrictions.
8. Promote effective governance.
This guidance principle is not directly applicable to the request, but historical and
recent land use actions have demonstrated how concerns are recited, embodied and
20 Page
administered through various government processes so that individual actions, like
this rezoning request, can be properly managed.
33. Coastal Zone Management
This change of zone request, if approved, will not be contrary to Chapter 205A,
Hawaii Revised Statues, relating to Coastal Zone Management nor the guidelines for
approval of an SMA Use Permit as prescribed by Planning Commission Rule No. 9
regarding the Special Management Area.
The subject property is not situated within the Special Management Area, being
at least 4 miles from the nearest coastline or SMA designated lands. Therefore, the
subject property is not subject to any coastal hazard nor anticipated to have any
adverse impact upon coastal resources such as coastal recreational and marine
resources, coastal ecosystems or the public use and recreational use of any beach.
The Applicant will comply with regulatory erosion and sedimentation standards of the
County during the construction of the proposed subdivision and lot owners within the
proposed subdivision must comply with wastewater disposal standards of the State
Department of Health. These actions will ensure that actions within the subject
property will not have a significant adverse effect upon coastal ecosystems or processes.
The Applicant is not aware of any archaeological features or sites within the
subject property. Therefore, it is not anticipated that the proposed request will have
any adverse impact on cultural or historical resources in the area. Should unanticipated
archaeological finds be discovered in conjunction with any further development of the
proposed subdivision, work will immediately stop and clearance secured from the
Planning Department before work is resumed.
Through this rezoning, the Applicant hopes to create a total of four
(4) residential and agricultural lots configured to provide manageable agricultural and
better economic opportunities for individuals wishing to pursue smaller scale
agricultural activities while living in a rural setting that typifies the character of this
particular section of North Kona. Especially in light of mitigating conditions focused on
preserving the existing forest canopy, this request is supportive of the County's efforts
towards managing development through both the General Plan and the PCDP.
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 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 informing them of
the filing of the application and of the scheduled public hearing.
21 Page
34. Anticipated effects upon the Special Management Area
a. Relationship of proposed action to land use plans, policies and control
The requested zoning of FA-5a will not be contrary to the General Plan, State Land
Use District boundaries and Kona Community Development Plan as discussed within
this report. The effective change of the requested zoning will allow for the
subdivision of the approximately 21.942-acre property into four 5-acre sized lots
that will continue to promote agricultural opportunities, albeit at a smaller and more
subsistence scale given the desire to protect the existing forest canopy that
currently dominates the subject property. While the General Plan identifies these
lands as Important Agricultural Lands, the Applicant and past rezoning actions over
many decades have recognized the need to preserve the forest canopy within
Kaloko Mauka Subdivision.
b. Description of how project will affect area and surrounding lands
All necessary utilities and services to support the proposed subdivision is or will be
made available. Due to the use of existing roadway networks constructed to
County-dedicable standards, construction-related impacts are expected to be
minimal. The proposed residential and agricultural subdivision will be similar in
character to the rural nature throughout this section of Kaloko Mauka Subdivision,
with lots ranging in size from 3 to 5 acres. Therefore, the proposed residential and
agricultural subdivision is not out-of-character for an area that has transitioned to a
more rural environment, is witnessed by the subject property being the last
remaining lot in this area that maintains its original zoning and minimum lot size of
20 acres.
c. Description of impacts that cannot be avoided and applied mitigation measures
The Applicant is not aware of any significant adverse impacts associated with the
proposed 4-lot subdivision project. As described earlier in this report, all utilities
and public services are available to support the proposed project, and its proximity
to Kailua-Kona will ensure that basic needs of residents within this small subdivision
can be well-served.
While the proposed subdivision will remove lands considered as "Important
Agricultural Land" according to the General Plan, the soils itself are not considered
prime agricultural lands as it is typically suited for pasture and woodland. While the
subject property is situated within the Kona Coffee Belt, it competes with the need
to preserve the Kona Mauka watershed by retaining as much of the existing forest
canopy as possible.
The proposed subdivision is not located near any coastal resources, which negates
any potential direct impacts of the project upon coastal resources. Regardless, the
22 Page
Applicant will adhere to all best management practices and applicable government
standards and regulations during construction of the proposed subdivision.
d. Alternatives to the proposed project
The only reasonable alternative is to maintain the 21.942-acre subject property as it
current exists, awaiting someone capable of maintained the entire property in its
undeveloped state or pursuing some form of limited agricultural activity. However,
this presents the risk of a landowner exercising the opportunity to clear the entire
property to make way for coffee, pasture or other cultivated crops. A look at aerial
photos appear to show that the majority of landowners have maintained a
reasonable amount of the forest canopy, but it was done so via restrictive covenants
as a result a rezoning action, identical to the efforts presented by the Applicant.
e. Irreversible and irretrievable commitment of resources
Given the limited scope of the proposed 4-lot subdivision and its similarly limited
infrastructural improvements and the preservation of most of the existing forest
canopy, the Applicant is not able to identify any irreversible or irretrievable
commitment of cultural, historical, recreational or ecological resources as a result of
the proposed subdivision development, as discussed throughout this report. While
approval of the Applicant's request will result in the loss of agricultural lands, the
desired outcome will be the protection of most of the existing dense forest canopy.
F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES
a. Recreational resources
The subject property is not known to accommodate or foreclose upon any
recreational opportunities due to its far location from the coastline and within an
area not known as hosting recreational resources, such as hiking trails, nature
preserves or hunting areas.
b. Historic resources
There are no known historic or archaeological resources within the subject property.
The State Historic Preservation Division will be notified and all work shall
immediately cease should inadvertent discovery of any archaeological feature be
encountered during development of the proposed subdivision
c. Scenic and Open Space resources
The subject property is not identified as an area of natural beauty by the General
Plan. The requested FA-5a zoning and subsequent subdivision into four 5-acre sized
lots will maintain a very low density of potential building sites that should not have a
23 Page
significant impact upon any viewplane given the intended easements and clearing
restrictions that will maintain at least 80 percent of the existing forest canopy and
preserve the perimeter of the subject property as a forest reserve. Simply put, there
is no viewplane given the extensive forest canopy that exists and will be largely
preserved. For these reasons, the Applicant finds that the subject property is void of
any scenic or open space resources.
d. Coastal ecosystems
The proposed subdivision will be situated on lands located at least 4.5 miles from
the nearest coastline, ameliorating any direct effects of the proposed subdivision
upon coastal ecosystems. The Applicant will adhere to construction best
management practices as well as applicable government regulations and standards
regarding erosion and sedimentation, including the use of Department of Health-
approved septic systems for wastewater disposal.
e. Economic uses
The intent of the requested rezoning is to create smaller residential and agricultural
lots that are more manageable, thereby enhancing agricultural opportunities by
individual families rather than an expansive agricultural parcel that can only be
properly managed by a larger entity more dependent upon optimizing the use of the
entire property. This is particularly true given the desire to maintain much of the
existing forest canopy, thereby limiting agricultural opportunities. Creating a rural
subdivision in this particular location is consistent with the surrounding area within
this section of Kaloko Mauka Subdivision.
f. Coastal hazards
The subject property is not subject to coastal flooding simply due to its location
more than 4.5 miles from the nearest coastline.
In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa'akai O Ka`Aina"
decisions, the issue relative to native Hawaiian gathering and fishing rights must be
addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site. The subject property, and
also adjoining properties, have not encountered any valued cultural, historical, and
natural resources. For this reason, the Applicant could find no evidence of any
possible significant adverse effects or impairments that will occur to any valued
resources should this change of zone request be approved. Should the Applicant
inadvertently encounter any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials, the Applicant agree to
cease work in the immediate area and contact the Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only
24 Page
upon securing archaeological clearance from DLNR-HPD when it finds that sufficient
mitigation measures have been taken.
The Applicant has not encountered any evidence of traditional or customary Native
Hawaiian rights being practiced on the subject property, nor existence of any known
valued cultural, historical or native resources in the area. Thus, it is believed that
the project would have no adverse impact relative to the cultural and historical
resources of the area. To the extent to which traditional and customary Native
Hawaiian rights are exercised, the proposed action will not affect traditional
Hawaiian rights.
Based on the above findings, the Applicant maintains that approving the
requested FA-5a zoning and allowing the development of the proposed 4-lot subdivision
and related improvements will not have any substantial adverse impacts on the
surrounding area, nor will its approval be contrary to the objectives and policies of
Chapter 205A, HRS, relating to Coastal Zone Management and Rule No.9 of the Planning
Commission relating to the Special Management Area.
G. CONCLUSION
Based on the discussion above, the Applicant finds that approval of this Change
of Zone request from Agricultural-minimum 20-acre lot size (A-20a) to a Family
Agricultural-5 acre (FA-5a) zoning district in support of a proposed 4-lot residential and
agricultural subdivision conforms to the goals, policies and standards of the General
Plan; adheres to the general policies and objectives of the Kona Community
Development Plan; will not have a significant adverse impact upon coastal resources;
and would result in an appropriate land use pattern that will further the public necessity
and convenience and the general welfare.
25 Page
Dennis D. Smid "range of Zone Application
EXHIBIT A
Resolution No. 330 96
CQ, a'V t N JF HAWAII STA, 'Ur- HAWAII
RESOLUTION No. 330 96
DPI
' ESTABLISHING A POLICY RELATING TO THE AMENDMIGNT OF ZONE
!STRICT BOUNDARIES WITHIN ICALOKO MAU11 A AND OTHER KONA
WATERSHED AND MAUICA FOULEST AREAS.
I WHEREAS Kaloko Mauka Subdivision Subdivision was established over twenty ears
(Subdivision) YY
ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of
' Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use
district and the county Agricultural . 20 acre(A-20a)zoned district; and
' WHEREAS, although a significant amount of the native forest cover has been removed
tluoubhout the original subdivision for pasturage,recreation and residential use since its initial
' development, a substantial amount of forest cover remains on lands above the 3,500-foot
elevation above sea level, which lands comprise die upper half of the subdivision; and
WHEREAS, to the north and south of the Subdivision, for the entire length of the makai-
' facing slope of Moudt Hualalai above an elevation of approximately 2,500 feet above sea level,
all lards are in the state Agricultural land use district(L-U,D.)and the county A-20a zoned
' district (or the equivalent, by way of owner-initiated cluster/open space zoned district
combinations) and are in pasture and forest use.with the exception of several forest reserve areas
which are in llte state Conservation LM.D.;and -
1
WHCREAS, from time to time since the initial subdivision was completed, various lot
owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be
further subdivided, and to date most such change of zone applications have been approved by the
council and enacted by ordinance;and
WHEREAS,such rezoning ordinances have established a pattern of(1)Agricultural-3
acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the
2,600-foot elevation and (2)Agricultural - 5 acre(A-5a)minimum lot size densities in a narrow
band immediately above the A-3a zoned district,extending to the 2,900 foot elevation;and
' WHEREAS, like the surrounding lands,die entire upper half of the Subdivision remains
in the A-20a zoned di 'trict, although a majority of lots in the upper half of the Subdivision
reportedly have one or more single family dwellings thereon and approximately fifty percent are
' reportedly improved with two or more dwellings;and
WHERE AS, eral property owners have cited these hei4tened levels of effective
' dcusity and initiated requests for rezolii:ibs of lards in the upper half of the Subdivision from tlrc
A-20a zoned district to are Agricultural - 10 acre (A-IOn) zoned district, which requests, if
approvcd by lie council, would indicate a zoning policy supportive of ten acre minimum lot
' siics throughout the upper half of tim Subdivision:and
WHEREAS, the council believes that most lots improved with two dwellings have done
so by creating "virtual subdivisions" of ten acre property interests Under provisions of the state
Condurtrinium Property Regime (C.P.R.) law, which regime creates multiple saleable and
niurtbugeablc !interests on a single lot without regard to the county zoned district such lot may be
iin; acid
WHEREAS, white the council is concerned that the limited right to build additional
Idwclhiugs on agricultural lots may have been distorted into over use in this and other rural
subdivisions. ticrouglr the application of tine C.P.R. law, it finds that such misuse should not be
cause to coeripromise the value and force of county zoning powers,and instead may be reason for
' the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land
use district; acid
' WHEREAS, the cournciI believes that toning lands in the upper half of the Subdivision,
far above the elevation where tine A-20a districts begirt throughout the rest of this region,will
' effectively sanction the existing practice of condominium divisions of agricultural lands within
thc: County of Ifawaii;promote its use as pre-cursor of up•20114 pressures throughout the '
island's watersheds and signify that ten acre lot densities may be acceptable within the watcrsheS
relevations without any commensurate lowering of densities in surrounding areas; and
WHEREAS,the council desires to protect and maintain the low density use pattern long
' established for the nrauka, watershed lands of the island of Hawaii, and the Kona region in
particular, for a variety of environmental and service management reasons.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
l IAWAIi, (lint rno lands above tine 3,000-foot elevation within the Kaloko Mauka Subdivision or
' the 2500-foot cicvation above sea level elsewhere in the districts of North Kona and South Kona
shall be re-classiCtcd to any zone district having a minimum lot size of less than 20 acres except
where contiguous lands held under the same or a cooperative ownership art concurrently placed
rit, a lower density zoned district with a net effect of maintaining or reducing overall density
levels and enhancing the integrity and value of the regiotn's watershed and forest systems.
1
BE IT FURTHER RESOLVED that the Clerk of the County or Hawaii transmit copies of
' this resolution to the Honorable Stcphen K. Yamashiro, Mayor of the County of Hawaii; Virginia
G%Adstein, Plawiing Director; acid Kcvin Datog, Chaimian of the Hawaii County Planning
(rW111111ssion.
Dated: Hilo, Hawaii, this l�day of June
INTRODUCED BY:
1
COUNCIL MEMBER, COUNTY OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL AYES NOES ADS Fat
' County of Hawaii
HUD,Hawail
Ar4uLM x
Bonk-Abramwn x
I hereby certify t1tat the foregoing ltMLUTION was by the Q"td' x
rote indicated to the right hervoladopted by the COUNCIL of De w"= x
' Jung 19 9 6 Dewar'* x
tlls County of Hawaii on �1� _4.. 0SW`10 x
R ds X
! � x
Smith x
y� 6 . z i o
Rtferrnca C`il9 /pc-l%
From: Daryn Arai
To: Kay.Christian
Cc: Jackson. Maiia
Subject: Re: Leese Rezoning Question
Date: Monday, February 12,2024 11:44:30 AM
Attachments: imaae001.ona
Hi Christian,
Primarily because the forest reserve easements and restrictions on clearing are really not
conducive to agriculture.
Therefore, with all of the forest management restrictions, the primary use of these lands are
really residential.
So I thought that FA is more aligned with the actual use of the land after all of the forest
reserved provisions are implemented.
The fact that there are similar FA zoning in the immediate area seemed to validate my
feelings. While "forestry" is a permitted use within the A district, it is a form of crop
production by nature and intended to be eventually cut down. If you feel otherwise, let me
know so I can get the blessing of the Applicant. I don't think the applicant would care one way
or the other.
Daryn
Daryn Arai
Mobile: (808) 895-3218
From: Kay, Christian <Christian.Kay@hawaiicounty.gov>
Sent: Monday, February 12, 2024 11:19 AM
To: Daryn Arai <Daryn.Arai@outlook.com>
Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov>
Subject: Leese Rezoning Question
Aloha Daryn,
I am working on the Leese rezoning application and wanted to understand why the applicant
chose to request FA-5a instead of A-5a zoning? Is it because of the surrounding FA zoning or
another reason. Please advise.
Mahalo,
Christian
Planning Dept.
Exhibit 2
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 330 96
ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE
DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA
WATERSHED AND MAUKA FOREST AREAS.
WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years
ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of
Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use
district and the county Agricultural - 20 acre (A-20a) zoned district; and
WHEREAS, although a significant amount of the native forest cover has been removed
throughout the original subdivision for pasturage, recreation and residential use since its initial
development, a substantial amount of forest cover remains on lands above the 3,500-foot
elevation above sea level, which lands comprise the upper half of the subdivision; and
WHEREAS, to the north and south of the Subdivision, for the entire length of the makai-
facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level,
all lands are in the state Agricultural land use district (L.U.D.) and the county A-20a zoned
district (or the equivalent, by way of owner-initiated cluster/open space zoned district
combinations) and are in pasture and forest use, with the exception of several forest reserve areas
which are in the state Conservation L.U.D.; and
WHEREAS, from time to time since the initial subdivision was completed, various lot
owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be
further subdivided, and to date most such change of zone applications have been approved by the
council and enacted by ordinance; and
WHEREAS, such rezoning ordinances have established a pattern of Agricultural - 3
acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the
2,600-foot elevation and (2) Agricultural - 5 acre (A-5a) minimum lot size densities in a narrow
band immediately above the A-3a zoned district, extending to the 2,900 foot elevation; and
WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains
in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision
reportedly have one or more single family dwellings thereon and approximately fifty percent are
reportedly improved with two or more dwellings; and
Planning Dept.
Exhibit 3
WHEREAS, several property owners have cited these heightened levels of effective
density and initiated requests for rezonings of lands in the upper half of the Subdivision from the
A-20a zoned district to an Agricultural - 10 acre (A-10a) zoned district, which requests, if
approved by the council, would indicate a zoning policy supportive of ten acre minimum lot
sizes throughout the upper half of the Subdivision; and
WHEREAS, the council believes that most lots improved with two dwellings have done
so by creating "virtual subdivisions" of ten acre property interests under provisions of the state
Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and
mortgageable interests on a single lot without regard to the county zoned district such lot may be
in; and
WHEREAS, while the council is concerned that the limited right to build additional
dwellings on agricultural lots may have been distorted into over use in this and other rural
subdivisions through the application of the C.P.R. law, it finds that such misuse should not be
cause to compromise the value and force of county zoning powers, and instead may be reason for
the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land
use district; and
WHEREAS, the council believes that zoning lands in the upper half of the Subdivision,
far above the elevation where the A-20a districts begin throughout the rest of this region, will
effectively sanction the existing practice of condominium divisions of agricultural lands within
the County of Hawaii, promote its use as pre-cursor of up-zoning pressures throughout the
island's watersheds and signify that ten acre lot densities may be acceptable within the watershed
elevations without any commensurate lowering of densities in surrounding areas; and
WHEREAS, the council desires to protect and maintain the low density use pattern long
established for the mauka, watershed lands of the island of Hawaii, and the Kona region in
particular, for a variety of environmental and service management reasons.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, 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 Kona and South Kona
shall be re-classified to any zone district having a minimum lot size of less than 20 acres except
where contiguous lands held under the same or a cooperative ownership are concurrently placed
in a lower density zoned district with a net effect of maintaining or reducing overall density
levels and enhancing the integrity and value of the region's watershed and forest systems.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of
this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia
Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning
Commission.
Dated: Hilo, Hawaii, this 19th day of June , 1996.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
ROLL CALL VOTE
COUNTY COUNCIL
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
Arakaki x
Bonk-Abramson x
I hereby certify that the foregoing RESOLUTION was by the Childs x
vote indicated to the right hereof adopted by the COUNCIL of De Lima x
the County of Hawaii on June 19, 1996 Domingo x
Osorio x
Rath x
ATTEST:
Ray x
_ Smith x
6 2 1 Q
Reference C-1199/PC--124
COUNTY CLE CH N&PRESIDING OFFICER RESOLUTION NO.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: December 18, 2023
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
01-\-
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2023-000055)
Request: Agricultural — 20 Acres (A-20a) District to Family Agricultural —
5 Acres (FA-5a) District
Applicant: Ryan Leese
TMK: 7-3-024.003
We have reviewed your submittal dated December 6, 2023 and offer the following comments for
your consideration:
1. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter
10, Erosion and Sedimentary Control. Agricultural operations may qualify for a
conservation program with the applicable soil and water conservation district. An
approved conservation program would be an exclusion to Chapter 10.
2. All development-generated runoff shall be disposed of on site and not directed toward any
adjacent properties. A drainage study shall be prepared and the recommended drainage
system shall be constructed meeting the approval of the Department of Public Works,
Engineering Division.
3. The subject parcel is in an area designated as 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.
4. All driveway connections and construction shall conform to Chapter 22, County Streets,
of the Hawaii County Code and include the provision of adequate sight distances that shall
meet with the approval of the Department of Public Works, Engineering Division.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 4
County of Hawaii is an Equal Opportunity Provider and Employer
i
9 0�wnreR
• G
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI
345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAI`I 96720
TELEPHONE (808) 961-8050 - FAX(808) 961-8657
December 20 2023
COH 2 �l
DEC A023 P.H 3
TO: Mr. Zendo Kern, Director I E ' V-1 DID 11yE E
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Application (PL-REZ-2023-000055)
Request—Agricultural-20 Acres (A-20a) District to Family Agricultural—
5 Acres (FA-5a) District
Applicant—Ryan Leese
Tax Map Key 7-3-024:003
4'
j We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 8-inch waterline along Kaloko Drive and Hao Street
which front the subject property. In accordance with the Department's existing water availability
conditions, the water availability for the proposed lots is subject to change.
Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being.
forwarded to the applicant, a water commitment may be issued. Based on the three (3)additional units
requested in the proposed 4-lot development, the required water commitment deposit is $450.00.
Remittance by the applicant of the $450.00 is requested as soon as possible so that a water
commitment may be formally issued. The commitment will be in writing with specific conditions and
effective dates stated. Please keep in mind that this letter shall not be construed as a water
commitment. In other words, unless a water commitment is officially effected, water availability is
subject to change without notice, depending on the water situation.
Final subdivision approval will be subject to compliance with the following requirements:
i. Construct necessary water system improvements, which shall include, but not be limited to:
a. service laterals that will accommodate a 5/8-inch meter to front each lot,
b. subject to other agencies' requirements to construct improvements within the road right-
of-way fronting the property affected by the proposed development, the applicant shall
be responsible for the relocation and adjustment of the Department's affected water
system facilities, should they be necessary.
Planning Dept. Water, Our 9Vost (Precious PSsource. . . Ka Wai,4 `Kane. . .
Exhibit 5 The Department of Water Supply is an Equal Opportunity provider and employer.
t?
I�
ili y
Mr. Zendo Kern, Director
Page 2
December 20, 2023
l�
2. Submit construction plans, prepared by a professional engineer registered in the State of
Hawaii, showing the above improvements must be submitted for review and approval.
3. Remit the prevailing facilities charge, which is sulbi"t to change, as shown below:
FACILITIES CHARGE (FC):
1 initial service $1,319.00
3 additional units Ca_. $6,095.00/unit $18,285.00
Total FC $19,604.00
r
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
u
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amounts for example,when requests for time extensions
continue and are approved. Until the dcv L lopment is finally completed,these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge,no
refunds are applicable.
4. Submit the appropriate documents, properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within, the conveyance documents
shall be accepted by the Water Board.
4
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,
tt l W*
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy—Mr. Ryan Leese
Ih
ti
VN��}0 h4
Mitchell D.Roth �'�� L . Ramzi L Mansour
Director
Mayor
Lee Lord Brenda lokepa-Moses
Managing Director
Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street,Suite 41 •Hilo,Hawaii 96720•cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, P
rector e 4,
Department of Enviro� ent Management
DATE: December 6, 2023
SUBJECT: Change of Zone Application(PL-REZ-2023-000055)
Request: Agricultural—20 Acres (A-20a) District to Family Agricultural—
5 Acres (FA-5a) District
Applicant: Ryan Leese
Tax Map Key: (3) 7-3-024:003, Kaloko, North Kona, Hawaii
The Solid Waste Division has reviewed the subject application and provides the following
comments (contact the Solid Waste Division for details):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
• Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and provides the following
comments (contact the Wastewater Division for details):
• No County sewer system in here. Applicant shall follow Hawaii Department of Health,
and all other applicable federal, state, and county regulations.
Planning Dept.
Exhibit 5 County of Hawaii is an Equal Opportunity Provider,and Employer
DAWN N.S.CHANG
JOSH GREEN,M.D. a Q�• cxA¢zPERSON
GOVERNORI{E KOA`AINA +(�.••••°°•°�A� BOARD OF LAND ANDNANRAL RESOURCES
9 °•h' COMMISSION ON WATER RESOURCE MANAGEMENT
159 a s9�.
SYLVIA LUKE RYAN K.P.KANAKA`OLE
LIEUTENANT GOVERNOR KA HOPE HIA`AINA A � FIRST DEPUTY
# s
DEAN D.UY ENO
ACITNGDEP=DIRECTOR-WATER
Ypnd andN ' i r y AQUATICRESOURCES
p� atV �'°•.,• J BOATINGANDOCEANRECREATION
F¢c� �'!� i `.• r' BUREAU OF CONVTYANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
4 }• CONSERVATION AND RESOURCES ENFORCEMENT
0 STATE OF HAWAII I KA MOKU`AINA`O HAWAI`I ENGINEERING
FORESTRY AND WILDLIFE
DEPARTMENT OF LAND AND NATURAL RESOURCES IRSTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARKS
State of iiol�` KAKtTHIHEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
February 27,2024
IN REPLY REFER TO:
Zendo Kern,Director Project No.2024PR00035
County of Hawaii,Planning Department Doc.No. 2402SN15
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planningkILawaiicopn ov
Dear Zendo Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
County of Hawaii Change of Zone Application REZ A-20a to FA-5a
Applicant:Ryan Leese
Kaloko Ahupua`a,North Kona District,Island of Hawaii
TMK: (3) 7-3-024:003
This letter provides the State Historic Preservation Division's (SHPD's) review of a request for a County of
HawaiiChange of Zone Application by the applicant Ryan Leese for the rezoning of the subject 5-acre parcel. The
project application was received by our office on January 11, 2024. The submittal included a County of Hawaii
Rezoning Application Request.
The applicant,Ryan Leese,is requesting a rezoning of the subject 21.942-acre parcel from the current zoning A-20a
to FA-5a located in the Kaloko Mauka Subdivision for the development of a 4-lot residential and agricultural
subdivision.
The submittal indicates that the project area has not been subject to any archaeological inventory surveys (AIS). A
reconnaissance level survey was conducted in the vicinity of the proposed project area in the early 1970s and the
National Park Service (1991) published a report for the entire Kaloko Ahupua`a. Numerous studies conducted
within Kaloko Ahupua`a have identified evidence of historic properties in previously undisturbed areas including
habitation sites, burials, agricultural complexes, ceremonial sites, and caves. This parcel is located within the
geographic margins of the Kona Field System which is listed in the State Inventory of Historic Places(SIHP)as Site
50-10-37-6601. Sites associated with the Kona Field System have been documented at relatively high elevations in
Kaloko Ahupua`a.
Based on the current submittal, SHPD has no objections to the project proponent's proponents request for a change
of zone permit.
However, SHPD requests the opportunity to review any permits involving future ground-disturbance associated
with the development of the subject parcel.
Please contact Sean Naleimaile, Hawaii Island Archaeologist IV, at sean.p.naleimaileghawaii.gov, for any
questions or concerns regarding this letter.
Planning Dept.
Exhibit 7
Zendo Kern
February 27,2024
Page 2
Aloha.,
AGaW Dwnel-
Alan S.Downer,PhD
Administrator,State Historic Preservation Division
Deputy State Historic Preservation Officer
cc. Jessica Andrews,Jessica.andrewsLhawaiicouj&. oovv
Daryn Arai,daryn.araigoutlook.com
JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH
q6.........�!4
GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE
=L
y.v ;xs
4Qq
...............off',
�'O.utraom
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: December 8, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (PL-REZ-2023-000055)
Request: Agricultural—20 Acres (A-20a) District to Family Agricultural—
5 Acres (FA-5a) District
Applicant: Ryan Leese
Tax Map Key: (3) 7-3-024:003, Kaloko, North Kona, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: hLtps://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
Planning Dept.
Exhibit 8
Zendo Kern
December 8, 2023
Page 2 of 4
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: hops:Hhealth.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hltps:Hhealth.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: hops://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
h=s:Hhealth.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1)Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
Zendo Kern
December 8, 2023
Page 3 of 4
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https:Hhealth.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: hgps://health.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program —The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: hllps:Hhealth.hawaii._gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov.
Sanitation/Local DOH Comments:
1. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
2. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure,place, or vacant lot without first ascertaining the presence or
absence of rodents that may endanger public health by dispersal from such
premises. Should any such inspection reveal the presence of rodents, the rodents
shall be eradicated before demolishing or clearing the structure, site, or vacant lot.
A demolition or land clearing permit is required prior to demolition or clearing.
Zendo Kern
December 8, 2023
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers,planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
DeVera, Ashley
From: Karie Smart <kariesmart@icloud.com>
Sent: Saturday, December 9, 2023 8:49 PM
To: Planning Internet Mail
Subject: Zone change PL-REZ-2023-000055
Aloha,
I'm am writing to address the request to re zone TMK-7-2-024:003; Kaloko Mauka Subdivision, North Kona Hawai'i
Please take notice that I do not agree with the sub division of these lands. Since the original permit to subdivide has
expired, several endemic animals/species has taken home to this area. Among these include the Federally protected
endangered endemic Hawaii Hoary Bat, and the endangered endemic Kamehameha butterfly. I live within an 1000 feet
of the proposed development. I object to this development.
OKarie Wakat
Planning Dept'
Exhibit 9
DeVera, Ashley
From: Karie Smart <kariesmart@icloud.com>
Sent: Monday, January 15, 2024 5:37 PM
To: Planning Internet Mail
Subject: PublicCommentsonPlanningDepartmentapplicationPL-REZ-2023-000055?
subject=PublicCommentsonPlanning Departmentapplication[enterapplicationnumberh
ere]
I am submitting my comments for change of Zone application (PL-REZ-2023-000055) Applicant Ryan Leese
TMK-7-3-024:003; Kaloko Mauka Subdivision North Kona Hawaii
My comments are as follows :
I object the rezone request. I do so because of several reasons.
1 . We do not have an adequate evacuation route from the subdivision. Recent development, added short term rentals,
new wedding venues, new drug rehab house all have increased the traffic 5 folds from 5 years ago. We have difficulties
entering and exiting the sub division on a good day, let alone in any type of emergency. People would be trapped.
2. This is a critical bird habitat. It was allowed to be developed with a specific design to keep the forest intact. Small lots
at the bottom then 5- 10-20 acre lots. With deed restrictions on building. The owners knew this when they purchased
the property.
3. Habitat loss for the Hawaiian Horay Bat. The endangered endemic Horay bat resides in this area. This bat is on the fish
and wildlife endangered species list.
4. Habitat loss for the endemic Hawaiian Amakihi.
5. Habitat loss for the endemic Apapane.
6. Habitat loss for the endemic Elepaio.
7. Habitat loss for Hawaiian Hawk
8. Habitat loss for the King Kamehameha butterfly.
The Kaloko Mauka Subdivision has been decimated by development. I'm raising my hand to object to the rezone, and
speak out for the conservation of nature.
Thank you.
i
Daryn Arai
Land Use Planning Consultant
March 22, 2024
Mr. Zendo Kern, Planning Director
County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Kern:
Subject: Response to Agencies' and Public comments regarding
Change of Zone Application PL-REZ-2023-000055
Applicant: Ryan Leese
TMK: 7-3-024:003, Kaloko, North Kona, Hawaii
Thank you for providing the Applicant with comments received from the various reviewing
agencies and the community regarding the subject application, to which we provide the
following responses for your consideration.
Department of Land &Natural Resources-Historic Preservation Div. (February 17, 2024 memo)
We appreciate SHPD position that"Based on the current submittal, SHPD has no
objections to the project proponent's proponents [sic] request for a change ofzone
permit."
The Applicant has no objection to SHPD's request to review any permits involving future
ground disturbance associated with the development of the proposed subdivision.
Police Department(memo dated January 2, 2024)
The Applicant acknowledges the response from the Police Department that it does not
have any comments or objections to the request at this time.
Karie Smart (email dated January 15, 2024)
The concerns expressed by Ms. Smart are acknowledged. More lots equal more homes
and more traffic within a subdivision that is one way in— and one way out. An improved
intersection at the intersection of Kaloko Drive and Mamalahoa Highway is needed,
hopefully involving illumination and channelization of this intersection, at the very least.
The Applicant is amendable to paying its fair share towards the improvement of this
intersection, as have been imposed upon other similar rezonings within Kaloko Mauka
Unlike some of the examples she cited as increasing traffic, such as wedding venues,
P.O.BOX 4501,HILO HAWAII 96720 Planning Dept.
PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM
Exhibit 10
Mr. Zendo Kern, Planning Director
Page 2 of 3
March 22, 2024
short term vacation rentals and a drug rehab house, the Applicant is not pursuing any
commercial venture,just the creation of four(4)residential-agricultural lots, each of
which will accommodate a home.
Ms. Smart expressed concerns about the destruction of the forest habitat and need to
conserve nature. The Applicant's change of zone request, if approved, will be a step
towards establishing restrictive deed covenants that would limit the extent of forest
removal to only 20 percent of each lot to be created by the proposed subdivision. As it
currently stands, the Applicant and any other owner of lots within Kaloko Mauka
maintaining the original A-20a zoning are able to clear the entire forest with only the
issuance of a grubbing permit.
The preservation of the forest to the extent possible, as encouraged by Ms. Smart, must
be balanced with the Applicant's reasonable use of Agricultural-designated lands. The
Applicant is willing to abide by covenants that will largely take away their rights to farm
this property, in return for creating 4 individual homesites that will preserve at least 80
percent of the forest canopy on each lot. The Applicant believes that this is a reasonable
compromise, especially in light of the fact that any landowner not subject to these
covenants restricting clearing can do so at any time. The Applicant is making a promise,
and approval of this rezoning will hold them to it.
We hope that we have adequately responded to comments offered by the respective agencies and
community members. Please feel free to contact me should there be any questions or need for
additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Mr. Ryan Leese