HomeMy WebLinkAboutCOM 0885.000 2022-2024 JNty^os.......,..
Deanna S.Sako
Managing Director
•
Mitchell D.Roth % +' ~��'s,��:t
Mayor
• ��,� _ Robert H.Command
!414: •+MrNt`�,` Deputy Managing Director
GF.............
CflLttnf1
Offirr of ilp At m
25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740
(808)323-4444 • Fax(808)323-4440
•
May 7, 2024 vcp
C)
E 7.
Heather Kimball, Council Chair
and Members of the County Council r� =•r'i`
T.
County of Hawai`i
25 Aupuni Street :`
Hilo, HI 96720
Dear Chair Kimball and Members:
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
As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
MITCHELL D. ROTH
Mayor
TCouncil LeeseP L-REZ-2023-0000551pc
Enclosures
cc: Planning Department
" 1 7 Comm. No. 75
Ref. To:
County of Hawai'i is an Equal Opportunity Provider and Employer. Ref. Date &I AY 1 0 2024
1
.JMSY•�•F%r11y`'.
Mitchell D.Roth o.•.; 9 .. Barbara DeFranco,Chair
Mayor \ �J r
Mahina Paishon-Duarte,Vice Chair
•i �''t-, • :• Dean Au
Deanna S. Sako Michael Dela Cruz
Managing Director <_ -ew •
Clement"CJ"Kanuha III
County of Hawaii
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
May 04, 2024
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
•
25 Aupuni Street •
Hilo, HI 96720 •
Dear Chair Kimball and Council Members:
•
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 Leeward Planning Commission (Commission), at its duly held public hearing on April 18,
2024, considered the above-referenced application for a Change of Zone from an Agricultural-20
acres (A-20a) zoning district to a Family-Agricultural-5 acres (FA-5a) zoning district for a
21.942-acres of land. The subject property is located on the southwest corner of the Kaloko
Drive/Hao Street intersection, Kaloko Mauka Subdivision, Kaloko,North Kona, Hawai`i.
The Commission voted to forward a favorable recommendation to the County Council based on
the Planning Director's recommendation.
The Commission concurred with the Planning Director's following reasons for a favorable
consideration of the request. Criteria for granting the favorable recommendation are shown
below in bold print:
•
The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a)
to Family Agricultural-5 acres (FA-5a) to subdivide the 21.942-acre property into four
(4) parcels, consisting of a minimum of five (5) acres each. The subject property was
purchased by the applicant and his two partners in May 2023, and all intend to own a lot
Hawaii County is an Equal Opportunity Provider and Employer
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 2
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.
In order to consider an area for any type of zoning designation, the applicable
goals, policies, and standards of the General Plan must be adequately addressed. It is
only through such a comprehensive policy analysis approach that evaluations and
decisions can be made to better time and stage developments to achieve growth
consistent with the General Plan and related planning documents. The implications of
these evaluations and decisions must also be considered as they may have an impact on
similar areas in the County.
The Change of Zone request from Agricultural (A-20a) to the Agricultural
(FA-5a) zoned district will conform to the goals, policies, and standards of the
General Plan Economic and Land Use elements. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various
land uses. The LUPAG Map establishes the basic urban and non-urban form for areas
within the County. The property is designated Important Agricultural Land, which are
lands with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors. However, the subject property is primarily native
forest and therefore it is preferable to maintain the forest than to convert the property to
agricultural uses.
The proposed Change of Zone will conform to, among others, the following
goals, and policies of the Natural Resources Element of the General Plan:
• Protect rare or endangered species and habitats native to Hawai`i.
■ Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as
excessive soil compaction and excessive removal of vegetative cover should be
minimized and mitigated consistent with management strategies that encourage
the retention of existing forested and pasture areas, reforestation, minimal
coverage by impervious surfaces and other strategies that encourage effective
infiltration to groundwater.
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 3
■ Implement Council Resolution Nos. 330-96 and 58-97 in land use approvals.
■ Create incentives for landowners to retain and re-establish forest cover in upland
watershed areas with emphasis on native forest species.
Among the most significant of the island's natural resources are upland forests
that provide the essential groundwater recharge areas. All groundwater sources in North
and South Kona ultimately depend upon recharge that primarily occurs in a band between
the 1,500 and 5,500-foot elevations. In the lower part of this band, rainfall dominates
from approximately the 1,500 to 3,000-foot elevation. In the upper part of this band,
above the 3,000-foot elevation, fog that collects on trees and drips to the ground is a
major contributor to the aquifer. In recognition of the importance of the mauka Kona
area for watershed and other environmental values, the County Council established a
policy in Resolution No. 330-96 (1996) that no lands in North or South Kona above
2,500 feet in elevation (except in the existing Kaloko Mauka Subdivision) should be
rezoned to lot sizes less than 20 acres, without a corresponding reduction in density on
contiguous lands. In Kaloko Mauka, the Council found that the concerns could be
mitigated by specific rezoning conditions which would require that at least 80 % of the
property be kept in forest cover, in the area above 3,000 feet in elevation (Resolution No.
58-97). One of the conditions included in Resolution No. 58-97 was to restrict the
number of dwellings to one per lot. The Planning Director recommends a restriction
against a second dwelling on each lot to minimize the density of development in the
native forest, similar to a condition included with other past rezones in the subdivision.
Conditions of approval will be included to meet the forest cover and density requirements
of the resolutions mentioned above.
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
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 4
•
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.
The Hawaiian Forest Bird Recovery Plan (1983) identified the upper slopes of
Hualalai, above the 3,000-foot elevation, as "essential habitat" for the endangered `akepa
and Hawaiian creeper. These bird species feed on `ohi`a lehua and koa. The proposed
development has the potential to alter the mixture of plant life, however, the low density
of the proposed development and conditions of approval consistent with Resolution No.
58-97 will assure the continuation of habitat for existing wildlife. Finally, a condition for
approval will require the applicant to comply with recommended development mitigation
measures should endangered or threatened species be sighted within the rezone area.
The Kona Community Development Plan (CDP) includes similar goals as the
General Plan regarding preservation of natural resources and native species, as well as
watershed protection. With implementation of these conditions, the request will conform
to the goals and policies of the General Plan and Kona CDP.
All utilities and services are available to the site. 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 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.
The preceding will be added as a condition of approval.
Since the mid 1990's, funds have been set aside in a fair share account for the
County and/or State to improve the Kaloko Drive-Mamalahoa Highway intersection,
which .is a "T" configuration intersection located about three miles below the subject
property. The current fund balance for this intersection is $691,670.46.
The Department of Transportation (DOT) has previously shown concern about the
numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of
these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 5
has previously recommended the following improvements at the intersection due to the
additional traffic and activity on the roads from the cumulative effect of the land use
change:
• Illuminate the intersection at night.
• Channelize turning movements at the intersection.
• Other safety improvements
The DOT has further stated that the intersection improvements should be made at
no cost to the State and requests that plans for improvements within the State highway
right-of-way be submitted to the Highways Division for review and approval. The
Department of Transportation, Department of Public Works, and the applicant have all
acknowledged the need for improvements to the Mamalahoa Highway-Kaloko Drive
intersection and working group has been established to determine intersection
improvements needed and how to best apply the fair share funds mentioned below. The
roadway improvements are essential since similar change of zones may occur throughout
the Kaloko Mauka Subdivision and the creation of additional home sites would place an
increased burden on traffic at the intersection. Previous rezones in the subdivision have
included a condition of approval requiring that the fair share fee paid for regional impacts
to transportation, park, police, fire, and solid waste facilities be allocated for the County
and/or State to improve the Kaloko Drive- Mamalahoa Highway intersection, and a
similar condition will be added to this recommendation.
According to the Department of Water Supply (DWS), three additional water
units can be made available from existing 8-inch lines within Kaloko Drive and Hao
Street. Conditions of approval will require the applicant to secure and maintain three
additional units of water and construct water system improvements meeting with the
requirements of DWS. Wastewater generated by the proposed development will be
disposed of by individual wastewater disposal systems for each lot, meeting the
requirements of the Department of Health. Solid waste will be taken by the individual lot
owners or a private hauling service to a designated transfer station or the West Hawai`i
Sanitary Landfill. The Federal Emergency Management Agency Flood Insurance Rate
Map (FIRM) designates the property as Zone "X", an area determined to be outside of the
500-year flood plain. All other essential utilities and services are or will be made
available to the site.
The request is not contrary to Chapter 205A, Hawai`i Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Heather Kimball, Council Chair
and Members of the County Council
County of Hawaii
May 04, 2024
Page 6
Management Area. The site is located over 4.5 miles mauka of the shoreline and
therefore will not be impacted by coastal hazard and beach erosion. There are no
identified recreational resources, public access to the shoreline or mountain areas, scenic
and open space preserves, coastal ecosystems, or marine resources on the subject
property. The property does contain significant natural resources in that it is heavily
forested with native species that provide a food source to several native and endangered
bird species.
In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0
Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No archaeological survey of the site was
conducted as part of the application. The property is located within the boundaries of a
pre-contact age upland agricultural system known as the Kona Field System, which is
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 Planning Department has no record of any
cultural or historic resources on the property. The U.S. Fish and Wildlife Service has
conducted studies of the general- area over the years and have identified numerous
endangered and native bird species in the native forest in the subdivision.
The valued cultural, historical, and natural resources found in the rezoning area:
The Department is not aware of any cultural or historic resources on the property.
According to the applicant, there is no evidence of any traditional and customary Native
Hawaiian rights being practiced on the property. The property is covered in native forest.
Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by construction or ground alteration. There is no evidence that the flora in the
area is particularly desired or used for cultural practices.
Feasible actions to protect native Hawaiian rights: While there is no evidence of
any traditional and customary Native Hawaiian rights being practiced on the property, a
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 7
condition of the approval will require that construction ceases until SHPD provides
approval to continue work, if any historic or cultural resources are inadvertently
discovered during ground alteration and construction. Additionally, most of the native
forest will be preserved under required buffers and stringent clearing restrictions. Finally,
as previously mentioned, the applicant will be required to adopt mitigation measures to
protect endangered or listed plant and animal species should they be found present on the
property.
This favorable recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with uses permitted within the Agricultural zoning district, prior to its
commencement or establishment upon the subject property. Additional governmental
requirements may include the issuance of building permits, the installation of approved
wastewater disposal systems, compliance with the Fire Code, installation of
improvements required by the American with Disabilities Act (ADA), among many
others. Compliance with all applicable governmental requirements is a condition of this
favorable recommendation; failure to comply with such requirements will be considered
a violation that may result in enforcement action by the Planning Department and/or the
affected agencies.
Based on the above findings, approval of the Change of Zone request from
Agricultural (A-20a) to the Family-Agricultural (FA-5a) zoned district would result
in an appropriate land use pattern that will further the public necessity and convenience
and the general welfare.
The accompanying draft bill to amend Section 25-8-3 (North Kona District Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
This recommendation does not, however, sanction the specific plans submitted with the
application as they may be subject to change given specific code and regulatory requirements of
the affected agencies.
The Planning Department's background report, recommendation report, PowerPoint
presentation, and public testimony are available for review at the following Laserfiche WebLink
address: https://records.hawaiicounty.gov/WebLink/1/fol/129495/Row l.aspx
e
Heather Kimball, Council Chair
and Members of the County Council
County of Hawai`i
May 04, 2024
Page 8
Should there be any questions, please feel free to contact Planning Program Manager, Maija
Jackson at(808) 961-8159.
Sincerely,
Barbara DeFranco(May 4,202414:01 HST)
Barbara DeFranco, Chairperson
Leeward Planning Commission
P\wp60\PC\PCC2024-I\LLeesePL-REZ-2023-0551pc
Enclosure: Draft Bill
cc via email w/draft bill: Daryn Arai, Land Use Planning Consultant
Department of Public Works
Department of Water Supply
Jean Campbell, Esq., Deputy Corporation Counsel
Suzanna Tiapula, Esq., Deputy Corporation Counsel