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HomeMy WebLinkAboutCOM 0689.000 2000-2002 ~qtl OF ~ Har~~~ I£im s4,~' ~ I~azie I~etsu Mayor € a.. ManagingDirectar a~ ov~mP Deputy Managing Director X11 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 July 11, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: ~,~r <';€w t3f~ t-~~:~. '~''4i;•~F3'?tli~<~ S~C~:'~ s`)'3-~}~?;) ~f P ~z;> f € tl 1{4~€=Y ~g1-acultural {FA-3a) Change of Zone Application (REZ 02-009) Applicant: TSA Corporation Request: Open (O) to Industrial-Commercial Mixed District (MCX-la) Tax Map Key: 7-3-051:060 Change of Zone Ordinance No. 00-105 which amended Ordinances No. 99-79, 94-78 (REZ 767) Re: Conditions M and M(2) {Complete Construction) Applicant: I3ig Island Country Club Estates Tax Map Keys: 7-1-5:9, 10 22, 26, 28-34, 39-41, 58 & 59 Planning Director Initiated Repeal of Ordinance No. 93-65 (REZ 742) Issued to: Kamuela P&D, Inc. Tax Map Key: 6-4-24:Portion of 27 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sinc rely,.. Harry K~ ~o~~r~s, I~'o Mayor Enclosures Fih No. cc: Planning Department P,ef. To: ~ ~3~;~,. date ~dqY OF N,~ Harry Kim o°''~~ Geraldine M. Giffin yl~,~~ Mayor Chairperson ,tq Gf °N~,~ ~®1~11~~ ~ ~~11 PLANNING CO10'IIVIISSION ilupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 (808) 961-8288 Pax (808) 961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 02-002) Applicants: Roy E. King, Jr. et al. Request: Agricultural (A-20a) to Family Agricultural (FA-3a) Tax Map Key: 7-3-024:011 The Planning Commission, after a duly held public hearing on July 3, 2002, voted to recommend for your approval the proposed legislative bill by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-3a) for approximately 22.176 acres of land. The property is located within Kaloko Mauka Subdivision approximately at 2,200 feet elevation, along the west side (makai) of Kaloko Drive and approximately 300 feet northwest of the Kaloko Drive and Hao Street intersection, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Due to the fact that the Kaloko Mauka Subdivision is an unusual situation, the following comments provide a basis for some understanding of the area. The Kaloko Mauka Subdivision is an agriculturally-zoned area that is, for the most part, prime native forest. The agricultural zoning implies that the highest and best use of the lands is for farming or ranching. Since the establishment of the subdivision over 35 years ago, the importance and value of the native forest, as a threatened habitat and watershed area, has become clearer. Farming or ranching activities would ultimately destroy what remains of the native forest. The area is not very good for traditional agriculture, and with the high land values-which are due to its attractive features as a residential area-commercial agriculture is infeasible. The actual desire of many of the landowners in the Kaloko Mauka Subdivision is to have residences within a forested setting. Even the limited clearing required for a Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 homesite and driveway can lead to fragmentation and exposing of the forested area to invasive weeds that tend to thrive in cleared areas where tree cover has been removed. The development of residences, however, has a lesser impact than potential agricultural practices. In seeking balance, the proposed rezoning provides a way to impose conditions that will give some protection to the remaining native forest, while allowing reasonable use of the property. Under the present Agricultural (A-20a) zoning, there is little control over the clearing of the forested area except for the fact that a grubbing permit is required for clearing areas of more than an acre. The applicants, consisting of seven (7) families and/or interests, are requesting a Family Agricultural-3 acres (FA-3a) zone designation in order to subdivide the parcel, consisting of approximately 22.176 acres, into 7 lots having minimum 3 acres per lot. The applicants wish to create minimum 3-acre lots in order that each family can own its 3-acre parcel and yet keep with the policies established by the County Council to preserve the character of the land and protect and maintain as much as possible the naturally forested areas. 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 quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also 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 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 and Agriculture goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The proposed Change of Zone request from Agricultural-20 acres (A-20a) to Family Agricultural-3 acres (FA-3a) zoned district would conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. I-Ionorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. 'k The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 'k Agricultural land shall be used as one form of open space or green belt. 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 graphically depicts the physical relationship among the various land uses as anticipated for the island. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Kaloko Mauka Subdivision contains a mixture of residences and limited agricultural activities. With a minimum lot size of three acres, the requested change of zone will still provide for an adequate parcel size that could support some agricultural activities at a smaller scale. The requested zoning is consistent with the Kona Regional Plan Land Use Concept Map, which designates this area for agricultural use. On June 19, 1996, the County Council adopted Resolution No. 330-96, which established a policy relating to the amendment of zone district boundaries within the Kaloko Mauka Subdivision and other Kona Watershed and Mauka Forest Areas. The resolution states 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 reclassified to any zone district having a minimum lot sine of less than 20 acres. The subject property is located lower than the 3,000-foot elevation. It is at the elevation between 2,160 feet and 2,320 feet. The proposed subdivision of seven 3-acre lots would be compatible with the residential and agricultural character of lands located within the lower elevations of Kaloko Mauka Subdivision which are primarily zoned Family Agricultural (FA-3a), and Agricultural (A-3a). Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 While the potential for Orchard type uses may exist, the property is comprised of soils identified as Kiloa Extremely Stony Muck. This soil consist of well-drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. Soil within the property has been classified as "E" or Very Poor for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, the soil within the property is classified as "Other Important Agricultural Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. This designation refers to lands other than Prime or Unique Agricultural Land that is also of statewide or local importance for agricultural use. The property is a portion of the Kaloko Mauka Subdivision Increment I, established since September 1966, with minimum 20 acres in lot size. The Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot elevation of Hualalai. Rezoning approvals for properties within the subdivision have been occurring since 1976 to present Lands located within the lower regions of Kaloko Mauka Subdivision are predominantly zoned Agricultural (A-3a) and Family Agricultural (FA-3a). Between the 1,700 to 2,500-foot elevation, the lands are zoned FA-3a, A-3a and A-20a. Between the 2,500 to 3,000-foot elevation, the lands are zoned FA-3a, A-3a, A-Sa, A-l0a and A-20a. At the 3,000 to 4,500-foot elevation, lands are zoned A-7a, A-l0a and A-20a. The subject property is located between the 2,160 and 2,320-foot elevation. Immediate adjacent lands to the north and south of the subject property are zoned A-3a, and to the west are zoned FA-3a. Adjacent lands to the southwest and further to the northwest are zoned A-20a and are undeveloped forested lands. Lands further to the northeast are zoned a mix of FA-3a, A-3a and A-Sa and includes farm dwellings with pasture, grazing lands and natural forests. Land uses within the Kaloko Mauka Subdivision include firm dwellings with pasture, plant nurseries, agricultural activities, and undeveloped forested land. Approval of the requested change of zone will create smaller lots, with adequate protection of the existing forest within Kaloko Mauka Subdivision. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of Kaloko Mauka Subdivision. In addressing potential adverse visual impacts on clearing the proposed lots for individual home sites and the impacts that agricultural uses may have on the existing forest character within the subject area, conditions are included to require a 60-foot wide "forest reserve easement" for buffer purposes along Kaloko Drive, which also serves as a 60-foot structural setback along Kaloko Drive; and a 30-foot structural setback along internal lot boundaries. There is also a condition that no less than sixty-seven percent (67%) of each lot area be retained in forest. It should be noted that a condition of approval is also included to restrict a second dwelling on proposed lots to prevent further increases in density. These recommended conditions attempt to preserve the forest Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 corridor so prominent along the roads of Kaloko Mauka Subdivision, to control the overall density in the area, and preserve the ambiance of the Kaloko Mauka Subdivision. Other recent rezoning approvals for 3-5 acre lots in Kaloko Mauka included a condition that required the landowner to obtain a Conservation Plan from the Kona Soil and Water Conservation District (SWCD) before any land alteration activities. This has proven unworkable. Owners seeking to clear small areas for a driveway and homesite have applied for conservation plans with the Natural Resources Conservation Services (NRCS), which services the SWCD. The NRCS's primary mission is to work with bona fide farms and ranches, not houselots, and the NRCS is reluctant to devote the staff time necessary to prepare these plans. In addition, if a plan were submitted, the NRCS biologist might well recommend against the clearing of native forest entirely. Finally, the NRCS system is based upon voluntary cooperation; it does not want to be made a regulatory body. NRCS opposes the County requiring Conservation Plans be mandatory in this area. The condition that no less than sixty-seven percent (67%) of each lot be retained in forest should provide the necessary protection of the existing forest. Therefore, although required in previous approvals, a condition that a Conservation Plan be filed with the Soil and Water Conservation District is not included or required as a condition of this rezoning. The `Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered `Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200-foot elevation be designated as "essential habitat" for the `Alala. The subject property is located between the 2,160-foot and 2,320-foot elevation and below the elevation recommended for preservation as a habitat for the `Alala. Primary road access to the subject property from the Mamalahoa Highway is provided by Kaloko Drive, a County roadway having a pavement of approximately 22 feet with 8-foot wide grassed shoulders within an 80-foot wide right-of-way. This road is able to accommodate the proposed additional six lots. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. The State Department of Transportation and County Department of Public Works have expressed the need for improvements to the Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of new homesites will place additional traffic on the intersection. As agreed to by the applicants, a fair share condition related to this concern has been included to assist in payment to the fund already created by previous change of zone ordinances for the improvement of the Mamalahoa Highway-Kaloko Drive intersection. The improvement of the intersection would be coordinated with the State Department of Transportation and the Department of Public Works. It should be pointed out that the County Council recently adopted Change Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 of Zone Ordinance No. 02 45, granted to applicant Kam Center Specialty, which rezoned two 22± acres of land located less than 1/2 mile southeast of the subject property. As a condition of said Ordinance, Kam Center Specialty has agreed to facilitate the timely construction of necessary improvements to the Mamalahoa Highway-Kaloko Drive intersection, by prep~~ring a Traffic Impact Analysis Report for the intersection and perform conceptual design analyses and cost estimates for the intersection improvements meeting with the approval of the State Department of Transportation and the County Department of Public Works. County water system service to the property, via a 4-inch waterline along Kaloko Drive, is from the Kaloko Site No. 3 water reservoir located approximately 1/2 mile southeast of the property. Wastewater generated by future development on the property will be disposed of in a manner meeting with the requirements of the Department of Health. Police, fire and emergency services are available from the Kealakehe Police Station and the Kailua-Kona Fire Station, located approximately 5 miles away. The closest public schools are Kealakehe Elementary & Intermediate School, and Kealakehe High School, located approximately 4 miles away. All other essential utilities and services are or will be made available to support the proposed development. Huehue Ranch, the original developers of Kaloko Mauka, funded an archaeological study of the Kaloko ahupuaa in 1970 and 1971. Of significant findings were remains of an agricultural field system which extended up to the 3500~foot elevation. The applicants have stated that recent archaeological studies prepared by Paul H. Rosendahl, Ph.D., hoc. in the immediate vicinity revealed no findings. It should be pointed out that archaeological surveys on three other parcels in the vicinity of the subject property were conducted, and the findings revealed that there are no known historic sites on those parcels. However, a condition of approval for the subject request will be included that an archaeological inventory survey be conducted and that acceptable mitigation conditions be worked out if historic sites are found on the subject property. The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coastal Zone Management Program. The property is approximately two miles from the nearest shoreline. According to the applicants and Planning Department records, there are no records of a designated public access to the shoreline or mountain areas traversing through the property. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, historic resources, marine resources, beach protection, coastal ecosystems and coastal hazards. Finally, because the surrounding areas within the Kaloko Mauka Subdivision have been previously grazed and altered with agricultural and residential development, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Further, the applicants are not aware of any valued B KingRoy01. agk-04/20/02 COUN'I°Y OF IIA~'VAII PLANNING D~EPAIiT1VIEN~' I3ACI~G120U1®TD ~POI~~' ROY E. DING, JR., ET AL CHANGE OF ZONE APPLICATION (REZ 02-002) ROY E. DING, JR., ET AL have submitted an application for a Change of Zone by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-3a) for approximately 22.176 acres of land. The property is located within Kaloko Mauka Subdivision approximately at 2,200 feet elevation, along the west side (makai) of Kaloko Drive and approximately 300 feet northwest of the Kaloko Drive and Hao Street intersection, Kaloko, North Kona, Hawaii, TMK: 7-3-24:11. GENERAL INFORlO~IATION 1. Land Ownership: Roy E. King, Jr. et al are the owners of the subject parcel. All part owners of the parcel have signed an authorization to proceed with the change of zone application. GENERAL IIISTORICAL INFORMATION 2. August 30, 1960: Ordinance No. 24 (Subdivision Ordinance) adopted by the Board of Supervisors (predecessor to the County Council) regulating the subdivision of land within the County of Hawaii. Section 2-A of Ordinance No. 24 states that "The word `subdivision' means any division of a tract, lot or parcel of land into smaller lots, plots, or parcels for the purpose, whether immediate or future, of sale, lease or rent for all except agricultural lands in excess of twenty (20) acre plots." [emphasis added] 3. July 11, 1961: State Land Use Commission created by ACT 187, SLH 1961. 4. Apri121, 1962: The State Land Use Commission adopts Interim Regulations and Temporary District Boundaries which designates an Agricultural District classification for lands located within the Kaloko Mauka Subdivision. 5. Septe>rnber 15, 1966: File Plan No. 994 recorded with the State Bureau of Conveyances for the subdivision of Kaloko Mauka Subdivision -Increment I, within which the subject property is located. Kaloko Mauka Subdivision - Increment I consists of 29 lots having a CAS ~ , ' `r' 3.~ , minimum lot size of 20 acres. As provided for under Ordirnance No. 24, approval of Kaloko Mauka Subdivision - Increment I by the Planning director was not required due to proposed agricultural lot sizes in excess of 20 acres. Thy subject property is located within Block 2 of Increment I. Subsequent to rezoning appirovals within Block 2, there is remaining only a 21-acre parcel zoned A-20a. 6. December 26, 1966: Ordinance No. 389 adopted by the Board of Supervisors repealing Ordinance No. 24, as amended, and replacing it with new subdivision regulations applicable to the subdivision of all land, including agricultural lands in excess of 20 acres. 7. December 28, 1966: File Plan No. 1010 recorded with the, State Bureau of Conveyances for the subdivision of Kaloko Mauka Subdivision - Increment II located mauka of Increment I. Increment II consists of 42 lots having a mini~um lot size of 20 acres. File Plan No. 1010 was initially filed with the Bureau of Conveyances prior to the effective date of Ordinance No. 389. Therefore, approval of Kaloko ~Vlauka Subdivision - Increment II by the Planning Director was not required due to the proposed lot sizes in excess of 20 acres. 8. May 24, 1967: North and South Kona Districts Zone Map ~dopted by Board of Supervisors, which establishes anAgricultural-20 acres (A~20a) zoning for the Kaloko Mauka Subdivision, due to the 20-acre lot sizes. 9. November 19, 1974: Final Subdivision Approval (No. 349,0) of Kaloko Mauka Subdivision -Increment III approved by Planning Director ~s required under Subdivision Ordinance No. 389. Increment III consists of 24 lots rangin~ in size from 20 to 62 acres, for total 95 parcels within all three increments. 10. February 21, 1975: The 24 lots approved under Subdivision No. 3490 were recorded with the Bureau of Conveyances as File Plan Nos. 1432, 143, and 1434, and recognized as Kaloko Mauka Subdivision -Increments III, IV and V, respectively. PROPOSED DEVELOPMEN°I` 11. Request: The applicants are requesting a Family Agricultural-3 acres (FA-3a) zone -2- designation in order to subdivide the subject 22.176-acre parcel into seven (7) lots consisting of a minimum of 3 acres each. 12. Objectives: The applicants provided the following informjation: "The subject property is owned by 7 families and/or intere~ts. "These individuals and/or their families have owned the su~ject property for over 20 years. They now wish to subdivide the property into 3-acr~ lots so that each family could construct a dwelling on its lot either as a permanent or secdnd home. "The applicant will construct a new County-approved road~land related utilities within a 50-foot wide right-of--way to service each of the lots. "As with other projects in this area, the applicant is prepared to accept restrictive covenants that would limit the number of dwelling units pe~ parcel to one as well as limit the area of ground cover. The applicant is also prepared to'Iprovide its pro rata share in funding improvements to the intersection of Kaloko Drive ~nd the Mamalahoa Highway. "The estimated cost of improvements for this project is $1'5,000 to $200,000." 13. Supportive Inforanation: The applicants have submitted ~ Change of Zone Application in support of the request. (See Exhibit A -Change of Zoa~e Application) STATE AND COUNTY PLANS 14. State Land Use District: Agricultural. 15. General Plan Consistency: Goals, policies and courses oi~action of the Economic, Agricultural, and Land Use Elements for North Kona. 16. General flan Land Use Pattern Allocation Guide (LUP~G) Map: The LUPAG Map designates the area as Orchards, which refers to agricultural lands though rocky in character and content support productive macadamia nuts, ~apaya, citrus and other similar agricultural products. 17. Dona Regional Plan: The Kona Regional Plan was adopted by the Planning Commission as Resolution No. 1 84 on April 10, 1984. Th~ Land Use Concept Map designates the area for Agricultural. 18. County Zoning: Agricultural 20-acres (A-20a). -3- . 1 Ch~pt~r 205r~, 5, Coastal Zone l0~anageanent: The i Rent of the Coastal Zone >:~°~a~emer~t I'rogr~m is to guide and regulate public and p 'vate uses in the coastal zone rn~rageraaea~t ~.rea with respect to recreational resources, his oric resources, scenic and open :space. resources, coastal ecosystems, economic uses, c astal hazards, managing development, marine resources, public participation, and be ch protection. The entire State Lies within the Coastal Zone 1lilanagement Area. 'I 20. S1~A: The property is not situated within the Special Management Area (SMA). The property is located approximately 5.1 miles east from the ne est coastline. 21. Coa~~aty Council's Res®luti€~n l~io. 330-96: ®n dune 19, 19 6, the County Council adopted Resolution No. 330-96, which established a policy elating to the amendment of zone district boundaries within the Kaloko Mauka Subdivisi nand other Kona Watershed and: ~Iauka Forest Areas. The resoi?ution states that no land above the 3,0{10-foot elevation within the I~aloko Mauka Subdivision or the 2,500-foot elevation above- sea level elsewhere in the districts of North Kona and South Ko~a shall be reclassified to any zone district having a minimum lot size of less than 20 acrd. ~1~SCRIP`I`lrC)l~ ~1~' ~R~P~RT~ ANA SITICIJl~i><BIlVG ASS 22. Suts~cct ~~°rrpe~-ty: The property is a portion of the Kaloko ~Vlauka Subdivision Increment I, established since September 1966, with minimdn 20 acres in lot sizes. The subject property is rectangular shaped and consists of a total of 22.176 acres. The property is overgrown with vegetation and trees, and vacant pf any uses and structures. It is at the levation between 2,160 feet and 2,320 feet above spa level. 23. 'fJSI~~4. Soil Survey Report: The Soil Survey Report classi~es the soils within the property as Kiloa extremely stony muck, 6 to 20 percent sloes. This soil series consists ofwell-drained, thin, extremely stony organic soils over frag~lmental A`a lava. In a representative profile, the surface layer is very dark brown e~tremely stony muck about 10 inches thick. Permeability is rapid, runoff is very slow, aid the erosion hazard is slight. This soil is used for woodland and pasture. -4- 24. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as "E" or Very Poor for agricultural productivity. This soil is unsuited for machine tillability. 25. Agricultural Lands of Importance to the State of Ilawaii (ALISII) System: The applicants' Environmental Report states that the soil of the property is classified as , "Unique Agricultural Land." However, to clarify, the soil of the property is instead classified as "Other Important Agricultural Land" by the ALISH System. "Other Important Agricultural Land" are lands other than Prime or Unique Agricultural Land that is also of wide or local importance for agricultural use. 26. Flood Insurance Rate Map (FIRM): The property is located within Zone X, areas determined to be outside the 500-year flood plain. 27. Flora/Fauna Resources: The subject property is heavily forested with native trees and shrubs such as ohia and silky oak trees, tree ferns, Christmas berry and guava trees, as well as other non-native plants. Wildlife in the area consists of miscellaneous forest birds such as Chinese pheasants, turkeys, Hawaiian hawks (I`o), and other domestic mammals. 28. Archaeological Resources: Huehue Ranch, the original developers of Kaloko Mauka, funded an archaeological study of the Kaloko ahupuaa in 1970 and 1971. Of significant findings were remains of an agricultural field system which extended up to the 3,500-foot elevation. The applicants have stated that recent archaeological studies prepared by Paul H. Rosendahl, Ph.D., Inc. in the immediate vicinity revealed no findings. It should be pointed out that archaeological surveys on three other parcels in the vicinity of the subject property were conducted, and the findings revealed that there are no known historic sites on those parcels. 29. I-Iist®rical and Cultural Resources: According to the applicants' Environmental Report, it is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. At present, there is no evidence of traditional and customary Native Hawaiian rights being practiced on the property. -5- 30. Public Access: According to the applicants and Planning Department records, there are no records of a designated public access to the shoreline or mountain areas traversing through the property. 31. `Alala ~Zecovery Plan: This plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the `Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the `Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding `Alala. The Plan recommends that portion of the lands of Kaloko above approximately 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 thru 13 of Kaloko Mauka Subdivision, be designated as essential habitat for the `Alala. Once such a habitat is "secured," a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the `Alala. The mauka portion of the property is located at an elevation of approximately 2,320 feet above mean sea level, below the elevation recommended as an essential habitat. 32. Surrounding Zoning/Land Uses: The Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot elevation of Hualalai. Rezoning approvals for properties within the subdivision have been occumng from 1976 to present. Between the 1,700 to 2,500-foot elevation, the lands are zoned Family Agricultural (FA-3a), and Agricultural (A-3a and A-20a). Between the 2,500 to 3,000-foot elevation, the lands are zoned FA-3a, A-3a, A-Sa, A-l0a and A-20a. At the 3,000 to 4,500-foot elevation, lands are zoned A-7a, A-l0a and A-20a. Immediate adjacent lands to the north, east and south of the subject property are zoned A-3a, and to the west are zoned FA-3a. Adjacent lands to the southwest and further to the northwest are zoned A-20a and are undeveloped forested lands. Lands further to the northeast are zoned a mix FA-3a, A-3a and A-Sa and includes farm dwellings with pasture, grazing lands and natural forests. Land uses within -6- the Kaloko Mauka Subdivision include farm dwellings, plant nurseries, agricultural activities, and undeveloped forested land. 33. Approved Change of Zone Requests: The following ordinances were approved in the vicinity along Kaloko Drive: (See Exhibit S) A. Apri121, 1980 -Ordinance No. 80 555 (REZ 350), A-20 to A-3a Norman Schneida, TMK: 7-3-25:6, 24.017 acres B. March 21, 1995 - Ordinance No. 95 48 (REZ 789), A-20 to A-3a H. Howard Stephensen, et al, TMK: 7-3-25:16, 20.898 acres C. March 15, 1999 -Ordinance No. 99 35 (REZ 908), A-20 to FA-3a James Cardin, TMK: 7-3-25:15, 21.961 acres D. September 30, 1996 -Ordinance No. 96 102 (REZ 830), A-20 to A-3a Carlson Realty Co., TMK: 7-3-25:14, 21.961 acres E. August 27, 1998 -Ordinance No. 98 92 (REZ 897), A-20 to A-Sa Windward Enterprises, TMK: 7-3-25:13, 21.961 acres F. August 27, 1998 -Ordinance No. 98 91 (REZ 896), A-20 to A-Sa Star Market, TMK: 7-3-25:12, 21.353 acres G. March 18, 1996 -Ordinance No. 96 24 (REZ 815), A-20 to A-3a and A-Sa Alan Beall, TMK: 7-3-25:17, 36.399 acres H. Apri12, 2002 -Ordinance No. 02 45, A-20 to A-Sa Kam Center Specialty, TMK: 7-3-25:1 and 2, 44.643 acres I. March 21, 1995 -Ordinance No. 95 47 (REZ 788), A-20 to A-3a Bruce D. Robinson, TMK: 7-3-25:10, 22.116 acres J. April 7, 1997 -Ordinance No. 97 54 (REZ 853), A-20 to FA-3a Exchange Properties, Corp., TMK: 7-3-25:12, 22.15 acres PUI$LIC UTILITIES AND SERVICES 34. Roadway: Primary access to the subject property from Mamalahoa Highway is provided by Kaloko Drive, a County roadway, which has an 80-foot right-of--way with a 22-foot wide pavement and 8-foot wide grass shoulders. The property fronts Kaloko Drive. There is a street light on one of the utility poles fronting the subject property. The -7- Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. 35. Marraalahoa Highway/Kaloko Drive intersection: Fair share contributions have been collected through conditions of change of zone requests and there is an additional $48,000 which was appropriated (Ordinance No. 94-92) for the improvement of the Mamalahoa Highway- Kaloko Drive intersection. To date, the County has collected $211,093.00 to be used toward said intersection improvements. 36. Water: County water system services to the property, via a 4-inch waterline along Kaloko Drive, is from the Kaloko Site No. 3 water reservoir located approximately 1/2 mile southeast of the property. 37. Wastewater: There is no municipal wastewater system in the area. According to the Department of Health, the property is located in the Critical Wastewater Disposal Area where cesspools are not allowed and thus, require disposal into a Septic Tank System. The applicants would be required to dispose of wastewater in accordance with the requirements of the Department of Health. 38. Police, Fire and Emergency Services: Police, fire and emergency services are available from the Kealakehe Police Station and the Kailua-Kona Fire Station, located approximately 5 miles away. 39. Schools: The closest public schools are Kealakehe Elementary & Intermediate School and Kealakehe High School, located approximately 4 miles away. 40. Essential Utilities/Services: Water, electrical and telephone services are available to the property. AGENCIES' COMMENTS 41. Department of Finance -heal Property Tax Division (February Z5, 2002 Meino): "Comments from the Appraisal Section: There are no comments at this time. "Comments from the collection section: Current Real Property taxes are paid through June 30, 2002." 42. Departinent of Health (February 25, 2002 Memo): "Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run- -8- offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 1 1, `Underground Injection Control."' "The subject lots are located in the Critical Wastewater Disposal Area where cesspools are not allowed because of water pollution concerns. Any development on these lots would require all wastewater be disposed into a Septic Tank System." 43. Kona Soil and Water Conservation District (March 26, 2002 Memo): "This parcel is outside of the area detailed in the North Kona Flood Plain Management Study. However, care should be exercised to protect the site as there may be localized runoff generated during land clearing activities. There may also be small, unmapped, localized channels in the area that only carry water during heavy rainfall events. In addition this area contains intact sections of old growth ohia lehua (Metrosideros polymorpha) forest that is habitat for native Hawaiian plants and birds. This habitat and watershed area may require special planning considerations and actions to protect it from fragmentation and degradation. In addition there is a reeluirement within the request for a Conservation Plan to be submitted and approved by the Kona Soil & Water Conservation District (KSWCD) by the landowner before land alteration activities (clearing) are undertaken. The Conservation Plan, as written by the Natural Resources Conservation Service (NRCS) and approved by KSWCD is a voluntary agreement. The aforementioned REZONE `requirements' (on pages 4&15 and attached ordinance # 97-54 Section 2 - E, pg. 3) are not in keeping with the intent and purpose of the conservation planning process. Clearing that is unrelated to agriculture or stewardship projects should be undertaken under the guidelines and authorities of the Hawaii County Grubbing and Grading Ordinance. The Conservation Plan is not a regulatory document but rather a voluntary agreement between the producer, NRCS and the KSWCD district board. If the agreement is ever cancelled the Hawaii County Grubbing and Grading Ordinance requirements need to be followed for all land clearing activities that are undertaken by the producer." 44. Department of Public Works: (See Exhibit C -March 26, 2002 Memo) 45. Department of Water Supply: (See Exhibit D -April 23, 2002 Memo) 46. Fire Department: (See Exhibit E -February 28, 2002 Memo) 47. Applicants' Response to Agencies: (See Exhibit F - Apri118, 2002 Memo) AGENCIES - NO RESPONSE 48. Department of Environmental Management, Police Department, Department of Land and Natural Resources, Department of Transportation, Land Use -9- Commission, and Department of Agriculture PUBLIC COMMENTS 49. Letters in opposition of the Change of Zone request: (See Exhibit G) a) Reuben Lelah, Psy.D. (February 18, 2002 Letter) b) Marion A. Durant (February 13, 2002 Letter) c) Alan C. Beall (February 13, 2002 Letter) d) Lydia A. V6'eiss (February 15, 2002 Letter) e) Jeffrey A. Portz (undated Letter received on February 25, 2002) f) Michael 8~ Dose Marie Free (February 24, 2002 Letter) g) Chris & Kris Taylor (February 24, 2002 Letter) -10- API'LICA~'I01~T ~OI~ COUl~T~'Y I~E~Ol®TINO (A-20~ to ~.~-3~) ~O~ I~Il~TG, JIB., AL AL~OI~(~ ~IAU~. ~U~1~IVI~IOI~T, IT~tCI~l'VIEl~T'~ 1 ~AI.1(~I~O, ~Q~ 01~TA, ~A~AII ~`A~ I'~IAP ICY: (3) '~-3-~~: Oll Prepared For: Roy E. King, Jr. Trust Prepared By: Sidney i~I. Fuke, Planning Consultant .January 2002 r ~ C~IA.INTG~ OF ZOl~ ~PPLICAZ'I®I®T COUN~'Y OF ~WAII ~ - ]PLING I~EP~TIVIEN'I" (Type or legibly print the requested information) _ . APPLICANT: Roy E. King,Jr. and others (et. al) .APPLICANT'S SIGNATURE: DATE: ~ ~/a l ADDRESS: ~ I ~I ON~-~~ s'f" LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PRONE: (Bus.) (Res.) ~gd ~ 3 7°- la q 1 (Fax) ~D 8) 7 3 $-Sd S~ LANDOWNER(S): Various ~ see enclosed signed applications LANDOWNER SIGNATURE(S): See enclosed applications DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: ~'2O ~ TO 30- _ _ ((Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) '1 ° 3 - ~ ~ : 0 I I STREET ADDRESS OF PROPERTY: Kaloko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: C3~Cr~S AGENT: Sidney M. Fuke ADDRESS: ~ Pau~~i Street , Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) 961-6909 (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIG INAL: Sidney M. Fuke COPIES: Roy E. King, Jr. (See Instructions on Reverse Side) TO WHOM IT MAY CONCERN: As part owners of the parcel identified by TMK: (3) ~-3-24: O1 1, we hereby authorize SIDNEY M. FUKE to file and process a rezoning application of said property from A-20a to FA-3a in our behalf. Roy .King, Jr. (Date) 1 /7 interest Gloria M. King ( te) 1/7 interest J _ . TO W~IOM IT MAY CONCERN: As part owners of the parcel identified by TMK: (3) 7-3-24: O1 1, we hereby authorize SIDNEY M. FUKE to file and process a rezoning application of said property from A-20a to FA-3a in our behalf. Roy E. King Jr. (Date) 2/7 interest Kenneth King (Date) 1 /7 interest Robert Miller (Date) 1/14 interest Marguerite Miller (Date) 1 /14 interest J. A. MacCosham ~i Co. (Date) 1/7 interest Its: Catherine Morishige (Date) 1/7 interest Nancy Clarkson (Date) 1 /7 interest JAPJ- 10-002 ~3~ 9 PM Rr7Y KING 808 -'38 50513 P, 01 `TO i~it719sd IT 1l~~~' ~®I°IC~I~N: ~ P ors ~f the p~rce1 ide~atified ~y `T°I!!!i~: (3) '~-3-24: 011, hereby S1I"Y . FiJi t® file ~nnd process r~zo ' ~.pplio~ti~~ of said F~Pe~Y from ~-20~ to ~'~.-3~ in ot~ ~I~lf 7?'~"~ I ~6 pz ~athere I~fori~hi~e9 ~°naste (D~te) 1/14 inte~st of the ~~therar~ I~f o~rishi~e first ~ ~ r~~., ~ Tt~E. ~ baL C~theri 5.14~orislai~e, ~'rus a (Iaate) lll4 interest ~'ITp I~~a°i~.l 'I`r~st ®~c-06-O1 07:15A Kir Signal Consult ~5~ 5472 P.O1 . ~ . o o e o p ~l l7 F' , b ~V ~4.71~'E 1 1. 1Y3~ 1 1s#J1;~5~~8~.S~f r hereby Il~~t5t' K~ t~ d a ~ r~~o~sir~~ li€~~ ~f s~~d P~ A-2~~ tra FA.-3~ ~ aa~ ~t~y fir. ~~~'3 2r7 i~#~~~. ~e~rt ii~~ {I'3~te) 1fI~ i~~t J. ,r~. ~ Cam, (I~~e} 1 I°I iriY~7~~2 Imo: P~.~y Cl ~ ~ 117 3~~~t NOU-1 G'-2001 12 ~ 0~9 PM I LL~R 50~ 2'~' 3905 P, 03 ~ NO:++®~-.~,Q01 Oii'3L FP7 ROM kIhiG 906 T96 '.S~bO6~ P. 0`i I i - - _ - pli~aort ~~~0~0~ FA-3~ is~ 1~ ~ i l/7 ir~g~r~~t o ~~b~~ ~~i~ (l~~t~ 1/14 ir~tst ~4~• / ~ 1~~1'l~11~~~ i)~~tfl~ lf~ itit f -I'O WI~OM I'I' MAY CONCERN: As part o~rners of the parcel identified by TMK: (3} ~-3-24: Ol 1, we .hereby authorize SIDNEY M. ~tTKE to file and process a rezoning application of said property from A-20a to FA-3a in our behalf. Nancy A. Clarkson (Date) l/14 interest Ia04; 01 TLS 10 ; 19 FAT 7~2 °~i60109 Richard Trotter f~J x]01 'f~ .Y~. . - ~,~i~.~d~ (3) 7-3-2~: 411, ~a'~ b~ r r ~ /ice" a (fie} ~ 18~~ ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. 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 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b. Into what lot sizes? 3+ acres 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? Immediately d. Do you intend to build houses on the newly created lots? Yes If yes, please answer the following questions: On how many of those lots? All At what approximate price range? House $200,000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 1 year If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Se11 or lease the Land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By providing additional lots on the market, it should increase the supply, and thereby have an effect in stemming the cost of lots and in turn, overall housing costs. 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? S. 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 smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Not really, except to create the What kinds of commodity? opportunity for small scale, family- oriented farms. b. Suitablility of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. Please refer to Planning and Environmental Report. 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 to the subject area needs improvements? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 9. i^Ihat sort of governmental 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- JAN-15-1©02 ®<:43 PM KING 8dEd -38 5050 P.02 01/15/20Q~2 13:10 906 ,09-7996 5. FUKE~ Ft.~NN;N. PsQGE 0Y Yr~a No e. Fvlita PrctactiaoCi - X X f. ~'ira Fsatactivu ~ ~ ~acrti~a~l. F?acili t its X X h. Pubiio Utilitiar i . 0th®r X For these tkackad "3°aa.`~ Plarlea rlaborat• chat type ax ki~a of i~s~xes~~te andloss aaaiatarae• as'e tsaadad. 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'::.i.:'i.~:~ `i' ..:':::i ':,'~::rf~:~:`:~'~'u. ~'~~~i3:~7J'1J4:::J4:~:>+Yak':O::::::::i::i:::::i::i:::i:::i::ii::::i:::' ::::::::iF:::i::i:::::i:ii::i:i::::i::i:::':: i:::iii::::::::i:::::. " ":.i '::i. F. '.i:: `i: ~ ' . i:~~ii$i:~iiiiiiii:.iii:^iiiiii}ii:~~ii: ii ~i:i }}}iiiiii ii:~::::::.:':.::'::.i+iii:: iii:'~iiiii::~ ii'~:i~i:'.i:..:i':.:.:: : is i':.:.;::':::::::::.::.. i:.i:.::.'.i.i:.: ' ..'.i:.i::::'..:::..,. :.ii:iii:isi'::.;..i.::.:::::.}iii:5ii.::i.: i:::::::::::::>::i>::::>~ _ . CC~UI~TY Ei~16iR®NI~IE~BT'AL RB=Ba~~T C®UiVTY$R~~~/~g~NF~N~p±R~~~g~~ST~ /(~/~-20a to F~-3a) K~,L.~K~-I~IAtill ~U~®I!/ISI~I~, INCREI~~~I°f 1 KA~~KC3, ~~~TI~ K®NA, i°Il41PNAll T BAR KEY: (3) 7-3-2~: 011 I. iNl`RC~Dt1CTl®NE The applicant, Roy E. King, Jr., representing himself and all other owners of the subject property, is requesting a 22.176 acre parcel to be rezoned from Agriculture (A-20a) to Family-Agriculture (~A-3) district in Kaloko, 3Jorth Kona, Hawaii. The property is located within Slock 2 of the subdivision, along Kaloko Drive, near its intersection with Hao Street (Fig~r~es i and 2). If approved, the applicant intends to subdivide the 22.176-acre parcel into seven (7) lots, consisting of an average of 3+ acres each. each lot would be conveyed to the respective landowners, some of whom plan to construct a home on their lot. In addition to a dwelling, each lot would be used for a small-scale farm as deemed appropriate by the respective lot owner. II. PR~JE~T L®~Al'it~N The subject property is located- within the Kaloko Mauka Subdivision, a residential-agricultural community located mauka of the Mamalahoa Highway also referred to as the Hawaii Seat Road in this area. Kaloko Drive, the primary roadway within the length of the subdivision's 13 blocks, starts at the Highway (Fagure 1). The subject parcel is located approximately one mile from the Highway. More specifically, it is situated along Kaloko Drive, approximately 300 feet northwest of the intersection of Kaloko Drive and Hao Street. The Kaloko Mauka Subdivision was developed by Huehue Ranch and originally consisted of 91 parcels. Rezoning and subdivision actions over the past 20 years resulted in fibs creation of a number of lots smaller than 20 acres in this general area for residential/agricultural purposes. 1 i ~ \ I -erg it ~V \ o • e r, `~•`t1 1 1•. \ / r \ ~ ~ ~ JL / - r ~J N Subject Parcel ~ ~ I ~ ~ . ( r'~ ~ f ~ ~ ~ ; : . • PROJECT LOCATION _ ; ~ae~ ' ~ , ~1T ~!'1 '/CL/NCS _YC_~~ ~I ~T __i`` ~ ~ C ~ ~y.i • rw r.., j YcTIONPI I V~ ~ I~ o, zE~ry~,,,^~j~ O U td n Y.~ ~z~ • ~ L ~ N '0~ \tn. % o~.f. ~ a' ~v ~ JJ r' io y/~ C 1~~~1 1ut ~ ' f•`°'~fL ~ w ~ L- " , e ,;fie , ~ ~ ? ~ NOT TO SCALE • ~ lI; ~ E; ~I _ ~ SCl'T4 ,r ~ I i` T N ~fJ f ` ~,1 I ~ ~ il•~S 1 kl u ~ c r, 11 ~Y t~:~/ `F~ v' ~ ~ 1 ' (l ~ 1 •NC CI 1' '7 ~ / n .r A Z v i `J ~ < Q / ~ ~ ~Mv ° _ 1 J 1 P i ~ ~ F / ~ ~ _ _ l:J ~o. r. ~ ~ d' ~ [ PJ m\ p^ r ~~L._~ J P / ~ / / _ T ~ A I i O p' G ki ~ 1 1 ~ Z a' Y n' ~ Z W T n ~ P i b ~ S ; ~t Ffl~ure 1 _ - ~ o i - vI eN a - y ti ~ F r~ ~~v N 1 Q U ~ ~ - _ - - I r7 r1 [ 1 1 ~ d ~ I i o n r z~ ~ l ~y o ' ~ ~w / C~ ~ ~ ~~a ~s r!``o ~I~E ill a,F O= ~YS / D ° Pp ~ a 1 \ r r EJ " eF„. av ~ ~ p~ ~u ~ a ~Q F~ y- --~p~7 _ T e ~ t 0G ~ N ~ 4. ~A~o~ 'fit;, M~_ ~ ~ ~U ; P i ~ ~ ~ _ t ~ ,^,I ~c t P"•(Ji s ~ ~ .,c , m" r r '^,sll n', ~~A' h Y ,"R.i fw)~`^ ~ ~ ~b~ ~r(.l ~ P l) V. ° ~I - J"ri ~r Y i (r' P \ ~ ^°nl'I " e i ~ al nG ~Ie r ~ 0 e4 ~i. gU,. I~ _ u I f ~ ° " \ ml~ OF Q~. '^~i ~ ~ ~p i a ~ e _0 9 e m:.(~ s,',~ i~ of N~ 0 m m m m F ~ - Y ~ r'F n~ ~I n~ i-I' ~ ~N ^ ~ °:1=,'s, ~,i Y'~ i ~'F - ~b Y aF~ p mil ~ ~I.,s e: 0 ~ ~ 0 ~y ~ ~ t:1: ~ ~~0, ~ Nli ~ ~L ~ ni vy~~~ ~5~1 3 N~~ tl t t2p • ` J ~ m ~iuY 1io~O ~ - -~~°s o~"`"~) ~ r/ ,~O n O ~~t "oY ~ r 4 i~t ~ Q i w r"' mh olfn,yil!s 1 v~ ^p'I 1 ~1~.~.rY a a J \ _ 'i 6 4e: i i ~ ] ^ ~ mi,• ,t`Jes ~jl• ~ 1'napV oN,1 ~ ~ (s 0 o d T~ n~~C ~ O Y ~ I ~l ~ r°lY - ~ P Y • " _ r_ ~ : i ~ _.-dot -i~,' i~ag ,T .I .I ~'..1 '`'n" U I ?i$~ 8 ae•- i-~; r ®I % mil„ f ~ ~ ~zJ ill "•m nl ~r ~r~r~ i ^ _ s I o a :i r,, : T F 4 ( ~r V ~ ~ ~ _ o ~ ,,Ce,++yJiy-=~~eoysPeway~ ~ ~ ~ ~ ~ ~ J \ ~ Perot/ tja8 rrq H o _ _ ~ ~ ~a~t~~°e ~ _ _ III. RR~J~CT` ~IESCRIPTI~IV d~. Pr®~ect C®nce~t and C®mp®nents The subject property is owned by 7 families and/or interests. These are: 1. Roy and Gloria M. King, who also acquired the interests of JohnT. West Jr. Trust and Maria L. West Trust; 2. Catherine Morishige, who is also trustee for QTIP Marital Trust; 3. Kenneth I~. King; 4. Robert and Marguerite Miller, who purchased Miki dick Trust's in#erest); 5. Nancy ,A. Clarkson; 6. Richard Trotter; and 7. J. ,A. Mac Cosham & Co., Ltd. These individuals and/or their families have owned the subject property for over 20 years. They now wish to subdivide the property into 3-acre lots so that each family could construct a dwelling on its lot either as a permanent or second home. (~Igure 3~. The applicant will construct a new County-approved road and related utilities within a 50-foot wide right-of-way to service each of the lots. At this time, the applicant does not know whether the road would be dedicated to the County or kept private. As with other projects in this area, the applicant is prepared to accept restrictive covenants that would limit the number of dwelling units per parse! to one as weN as limit the area of ground cover. The applicant is also prepared to provide its pro rata share in funding improvements to the intersection of Kaloko ®rive and the Mamalahoa Highway. It is understood that the subdivision plan submitted herein may be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. ~r®~ect Tis~e~ble and C®st The applicant hopes to secure County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. 2 Proposed 7-Lot Subdivision 22.176 acres I.ot 2 Lot 1 ~ _ _ Blk. 2 Blk. 2 - ~ - - I ; - - - - -2i6o - i Lot 4-D' ~ I Lot 4E 1 ' 1 3.1 ac. - ~ 3.1 ac. ~ I I 1 I 1 1 ' 1 --------_-"m- k - - 1 p~_ ORSC71lCI lam' ~ ~ - ~ paved driveway 1 200 I~ ' let I I r't ' -I..ot4-C I'il'---®----------~ t 1 - - - - -/,~i~~ - - I I „r'/ ~ . i 1 f~ I Lot 4-F 1 ~ ~ 3.0 ac. } Lot 3 7240 Lot ~ I Blk. ? 1 ~ conswct zo' ~ I Blk. 3 . , ~ - pavem't in 50' RIW I I 1 _ - - - , 1 ~~~::1 I Lot 4-h _ - - - '4:ti t 1 _ { I Pl -!N~1 1 I ~ k~~~l 1 1 1 - I 1 ~t , i----------------- ~I Lot4G'~ I I 3.0 ac. ~ - I 1 i'-- ` I I - 22so 4.M 1 LOt Q--f~ I nstruct 4" 1 ~'x water line 1 1 3.0 ac. I I - . I { i I l I - _ ' .A mrs.Y ,:i~, P,-«...n. ,...rw :r +x:..,Mev,i~v~ r,..W.,:.«~;.n;rq^'°:•. 'M x':,: k'"I' *";t"~^•~.":r;^^ t"•"•%mnr.,c"' :..n., s,, . .•Yir nu.~, x+K. a~n~~...fr.~.~~~f't~ ..t,,(','~1!~"V ki:t`2."'y).~r~i'.;:. r~ ll ~ V 1=', ----------2320 Figure 3 Tentatively, plans call for having the land subdivided by next year. fihe estimated cost of improvements for this project is $175,000 to X200,000. IV. IlVSTiT`L1Tt~NAL C®NSI®~~tA`T9®NS A. State Land Use The subject area is designated Agriculture. Sased on the size of the requested area, no State Land Use Commission action is required. fihe County of Hawaii can process the rezoning request. C®unty +~e~e~l Phan The County General Plan Land Use Pattern Allocation Guide (LUPAG) reap designates the site Orchard. This designation refers to those "agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus, and other similar agricultural producfs." In its review of the General flan, the Planning Director is not recommending any changes affecting the subject property. Sased on the requested family-Agriculture (!=A-3a) designation, the project would thus be consistent with the Genera! Plan and no amendments would be required. C. ~~°aff K®na ~e~i®r~a1 Plan This plan attempts to further define the General Plan and serves as a guide for decision-makers. In 1984, the Planning Commission adopted the plan, although the County Council has not. The Land Use Concept map of this plan identifies this area as A-3a and/or A-20a. The requested ~A-3a zoning would therefore be generally consistent with this designation. D. C®untx ~®niin~ The County zoning of the subject property is Agriculture (A-20a). Although there are a few A-20a zoned properties in this vicinity, the 3 predominant zoning is either Family-Agricultural (FA-3a) or Agricultural ((A-3a). In 1997, the adjoining property was rezoned ~A-3a (ordinance No. 97-54), subject to a number of development conditions. (~chibit A) One of the conditions required restrictive covenants on each of the lots that would: (1) delineate certain "forest reserve easements" on the lots; (2) require no less than fifty percent (50%) of the entire area of any lot, including the forest reserve easements, be retained in forest; (3) require, prior to any land alteration activities, that the landowner file a conservation plan with the Kona Soil and Water Conservation ®istrict, with a copy to the planning 1~epartment; delineate a 100-foot wide structural setbacks; and (5) prohibit the construction of more than one dwelling unit on each lot. As this has become a standard requirement in this area, the applicant is prepared to accept this as a condition. if approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-3a zone would be adhered to. 62elationship t® SMA t~b'ectiives and Policies The site is not located within the County Special Management Area (SMA). As such, no SM,0. Use Permit would be required. However, as the entire island falls within the State Coastal .Zone Management (CZM) Area, some discussion of the request's ~refationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protectiion. The likelihood of this improvement having any impacts to the area's historic resources is not high. As the site is located at the upland 4 area, the agricultural field system would be the logical type of features. A study done in 1970 and 1971 noted that there are scattered agricultural field systems up to the 3,500-foot elevation level. As this site is below that elevation, there is a potential that some agriculture{ remains may be found within this site. In that event, work will stop within the affected area and appropriate clearances from the State D~I~R-HPD and County Planning Department will be secured before work resumes. The proposed action will involve the construction of improvements in anon-urban setting. Accordingly, there is a potential visual impact to the area's scenic and ®~en space res®urces. However, the project would involve the construction of asingle-family dwelling on each of the respective lots. Further, given the amount of groundcover to be retained (at least 50%) and the site not being visible from the IlAamalahoa Highway, any visas! impacts of the Hualalai idBountain would be minimal. Relative to the Coas#al ~c®systems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. fdotwithstanding the distance, the nature of the project ~ agricultural and the construction of only seven (7) private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for agricultural farm lots in this area. This should thus provide additional opportunities for farming. !n so doing, the project could aid the agricultural economy and the overall econ®mic use of Phis site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal t~a~a~ls. Relative to the managing devel®pment objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the honing Code. The subject site would be coned ~A-3a, and the requested use and designlparameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. 5 Finally, in terms of the public partioipati®rq objective, this is generally a public agency function. This is achieved through the Marine and Coastal done 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 be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Sased on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal done Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Mule No. 9 relating to Special Management Area. F, County C®ua~cii Rea®iaati®n BVo. 330-96 In 1996, the County Council adopted Resolution No. 330-96 relating to zoning district amendments for the area within the Kaloko Mauka Subdivision and other Kona watershed and mauka forest areas. (exhibit As it relates to the subject property, the resolution noted that lands situated above the 3,000-foot elevation level within the Kaloko Mauka Subdivision should, for the most part, be restricted to a minimum of 20-acre parcels. The subject parse! is located at approximately the 2,200-foot elevation level. Thus, approval of this rezoning request would not be inconsistent with this resolution. Ca. Gthe~ ~err»ittin€~ ~ee~uirerrtents As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground injection Control (UIC) permit, driveway access permit, and the like. ~N~iR~~~i~I~TAL CQ~S9~~Rb47'I®NS A. Ge~ePal ®escri~tion The rectangularly-shaped parcel is vacant of any improvements. It is situated at about the 2,200-foot elevation level. 6 The mean annual rainfall in this area ranges between 50 and 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The site is vacant of any structures. Vegetation on the site includes the ohia, silky ®ak, Christmas berry, and guava trees. There are also other introduced weeds and plants and heavy fern underbrush. S®ils and 'T®~®~ra~hy The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope. The US ®epartment of Agriculture Soil Conservation .Service. Soli S~rv~R~r~ classifies the soil to be of the Kiloa Extrernely Stony Much (rK.YD), typically found on the west and southwest slopes on the undissected uplands of I~launa Loa and ~iualalai Volcanoes. The parent material is extremely thin organic soils over fragmented A'a lava. The surface layer is very dark brown, extremely stony muck approximately 10 inches thick. It is well drained, and permeability is rapid. Runoff is slow, and the erosion hazard is slight. This type of land is typically used for woodland and grazing. The Land Study Bureau ®verall N9aster Productivit~Ratinq for the subject area is Very Poor (F270) for agricultural productivity. This type has very little or no soil material. Permeability is excessively well drained, runoff is slow, and the erosion hazard slight for this soil type. It is unsuited for machine tillability. This type of soil is not typical for agricultural crops. It should be noted that the soils typically found in the coffee belt are of the Honuauiu Soil Series, which this site is not. 7 The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps classify this site as being "Unique Agricultural Land.n C. natural Hazards 1. ~raiina~e The US Corps of .Engineers' Flood Insurance Rate IVta,p (FIRAII) designates most of the project site to be located in done X, areas outside the 500-year flood plain. The applicant has not observed any significant runoff or erosion in tl~e recent past. Pursuant to County drainage requirements, appropriate drywall andlor similar means to cap#ure runofF from the newly constructed road will be built in conjunction with the subdivision approve! process. 2. Tsunarrai Hazard As the site is located over 5 miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation done. 3. V®Icanic and Earthquake Hazards fihe United States Geological Sunoey (USGS) classifies the area as Lava Ffow Hazard done 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified done 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake done according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. I°t~ralFauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that 8 rare or endangered floral or faunal resources are likely to be found within the subject site. The site's vegetation is typical of this area. There are stands of ohia and silky oak trees. There are also Christmas berry and guava trees, with a heavy understory of ferns. Given the above plus the practice of restricting the amount of cleared area, it does not appear that the development of this site will create any significant floral impacts. !n 1982, the Alala Recovery Plan was prepared and approved by the U.S. Fish and Wildlife Service. 1-his Plan called for the protection of the endangered hlawaiian bird called the Alala, whose center of breeding is generaBly along fihe north and west slopes of 1-iualalai. The Plan recommended that lands in this area at the 3,200-foot elevation level be designs#ed as a habitat for the Alala. In this situation, the subject parcel is below this elevation by nearly 1,000 feet. As such, allowing this subdivision should not compromise the goal of this Plan. Aside from this endangered bird, published reports at the Planning Clepartment have not indicated that sites proximate to the subject parcel serve as habitats for any rare or endangered animal life. Wildlife observed in this area and/or noted in other published reports include the Chinese pheasants, turkeys, ~lawaiian hawk (I'o} and other domestic mammals. I~iist®rscfGultura!lArchae®I~ical resources As with other rezoning requests in this area, no commissione€i archaeological survey of the site was made. hlowever, in reviewing files at the Planning Cepartment, it was learned that an archaeological study was conducted in 1970 and 1971 by the original developers of the Kaloko I~lauka Subdivision. The National bark Service also published a report in 1991 entitled, ~An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." The study identified the remains of an agricultural field systerr~ up to the 3,500 foot-elevation level, which would include the subject property. It should also be noted that in commenting on the need for an archaeological study/survey for the adjoining property (TIUIK: 7-3-2~b: 9 12), the State DLNR-Historic Preservation Division concluded in a letter dated Nlarch b, 2001 that "nearby parcels did not record any significant sites, and we believe that this pattern would continue into the subject parcel.° It went to further state that the parcel (parcel 24) was located at the margin of the agricultural field system and that "there are no significant historic sites present and the proposed rezoning will have `no efr'ect' on historic properties." (~xh~bi~ G) Notwithstanding the above comments from the DLNR, in the event remnants of that Feld or any inadvertent discoveries are made during the development of this project, work will cease and the appli-cant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. Va9ueci Cu9tural Res®t~rces In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina decisions, the issue relative to native Ha~r~aiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and Gusto-mart' practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The applicant has not noticed any native Hawaiians on the site or adjoining properties gathering plants. Thus, it would appear unlikely that the site would serve such purpose today. In fibs event legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Sased on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. 10 I. Water and C®astal Resources The subject site is located well over 5 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. As the site fails within the Critical Wastewater Disposal Area, septic tanks will be required for each of the dwellings. These will be constructed in a manner meeting with the approval of the State Department of Health. 1. IV®ise~ Air C~ualit~and Dust Kaloko Drive wilt serve as the major thoroughfare to this project. This road eventually connects to the Mamalahoa Highway. The existing ambient traffic lave! in this area is quite lover. As such, the corresponding noise level is quite low. With the completion of this project, the noise lave! is not anticipated to increase signifcantly. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as the on-site roadway and utility system) for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of f-leaith. The proposed development should not generate any direct air uali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project would increase fihe density by only 6 additional units. Further, with higher FPA standards for automobile air emissions, air quality impact should very likely not be significant. As such, with the exception of potential construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise, will have to comply with the State Department of Health's regulations. J. Scenic and visual Considerati®ns In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed 11 as a scenic site. However, there were a few examples cited in the Iona area. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located more on the lower end of Hualalai Mountain, and the normal residential height should not detract from the mountain. Further, inasmuch as much of the existing vegetation will be retained and the site is not readily visible from the Highway, the views of I°lualalai should not be impaired from either the Queen I<aahumanu I~ighway or the Mamalahoa Highway. VI. ~~C~L ANA I~E~~~~ CC3iV~f~~l~l'1~3~lS Surr®l~ndiin~ hand Uses The land use in the immediate area is generally rural and agricultural in nature. There are some small family-type farms on properties proximate to the subject site. Most of those properties are =zoned (under the pre 1996 honing Code) A-3a, comparable to the adjoining ~A-3a zoned property. There is also a number of smaller agricultural or residential zoning (A-9a and RA-1a) further makai of the subject property, near the Mamalahoa hiighway. In a sense then, the subject site is generally consistent with the prevailing 3-acre sized lots and/or zoning in this general area. Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging residential-agricultural pattern of this area. icon®rnic Irripacts The requested zoning would have some measure of economic impact, as it would make a fee simple lot with agriculture! potential more readily available. Although the project is directed at the landowners, it would still enable them to get engaged in some sort of agricultural activity. Further, there will be some small short-term construction activity. This could help with the area's economy. 12 C. A~riculturallrr~pacts As noted earlier, the site has not been intensively used for agriculture in the recent past. Given the surrounding agricultural uses, however, its potential does exist. There are a number of nurseries and tree farms in the general area. Thus, allowing the applicant to subdivide the property into seven (7) lots should not diminish the site's agricultural potential. It may actually enhance ifi. The site ~nrould be more manageable from a size standpoint (3+ versus 20 acres). The applicant's proposal would thus help foster the agricultural objectives by making agood-sized agricultural lot available to the applicant and the remaining landowners. VII. IN~STI~i.9~°TllF~ ~®NSID~I~TI®~~ ~®ad Access to the project would be from Kaloko Drive, aCounty-owned road with an 80-foot wide right-of--way. The pavement width is about 22 feet, with 8-foot grassed shoulders. The shoulders have been fairly effective in mitigating potential runoff by helping disperse the water from the road. The applicant proposes to construct a new 20-foot wide road with appropriate shoulders within a 50-foot wide right-of--way within the project site. This road and associated utilities would serve each of the proposed lots. 1~Vates There is a 4-inch County water line fronting the property along Kaloko Drive. Water for the proposed development could be made available from fihis line, subject to meeting with the Department of Water Supply's requirements. The annual 60-70 inch rainfall should help support agricultural uses on the property. Thus, additional demand on the potable water system is not anticipated. 13 . C. ~lVastewater There is no County wastewater system in this area. As noted earlier, a septic tank system meeting with the approval of the ®epartment of Health would be allowed in this area. This will be done by the respective landowners when they construct their dwelling. S®liid 1100aste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-3a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. ~thec C3®ve~nment Serrriices As this area is already part of the North Kona urban area, it is already being serviced. !Vo extension of government services would be required. The nearest fire station is located in Kailua, less than 5 miles from the site. The police Station is located at Kealakehe, also approximately 5 miles from the subject site I~ublic school (K-12) is available at Kealakehe, approximately 3 miles from the subject site. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. further, the required public facilities are located reasonably proximate to the subject site. C~the~ Utii9iitiies All other utilities such as telephone, cable, and electrical services are available to the site. V!I!. It~ACT Sf~NI~ICAIVC~ AlyAL1fSIS A. vela#ii®nshii~ l~etw~ea~ L®cal Sh®rt-Terms lJses ®f ~nv~r°®n~~nt aid alnte~~~ce a~sf l~nbancen~nt ®ts teon ~Tsr I~rod~~tiivii If the request were denied, the short-term use of the site would probably be left vacant or continue in low level agriculture in the form 14 of intermittent cattBe grazing. The applicant may eventually construct one dwelling on the site and may elect to do limited agricultural activity on a portion of the site. From along-term productivity standpoint, then, the proposed 7-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity. Irreversible and Irre#rievable Commit~aerat of des®urces Although the site relatively undisturbed, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. ABthough the soil on the parcel has been classified or very poor by the Land Study Sureau, its current agricultural use suggests otherwise. The site does have agricultural potential. it is thus argued that the creation of the 7-lot subdivision should help foster and not remove this land from its more intensive future agricultural potential. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the uno impact" findings of the DLNR- HPD on the adjoining property. C. iii#iga~ive Measures The applicant intends to make improvements consistent with the subdivision process. During the construction phases, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and al! required grading or grubbing work will be done in conjunction with the required permits and6or SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. 15 Finally, there will be no person or businesses to be dislocated by this project. ~iternatiyes t® tie Prod®sed Pr®ject 1. IV® lit Under the status quo alternative, the site could continue in its vacant stage. It could also be sold to one who may be interested in farming the site. ~iowever, it would be equally possible to have the land sold at market price to a "gentleman farmer." Given the present mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential. Then, too, without any imposed grading and/or forest retention restriction, the entire property could be denuded of its vegetation. That alternative may not be desirable from an environmental and visual perspective. 2. AI#ernative ~ensiity Under this alternative, the applicants could seek a more intensive zoning, such as FA-1 a or ~,4-2a. These alternatives would arguably be consistent with the residential/agricultural pattern of this area as well as established planning documents like the General flan. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops or nursery in this area as well as the desire to retain more of the existing vegetation. 3. ~valuati®~ ®f Alteratives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts associated by the development of this project. Further, the project would be consistent with the land use 16 objectives sought to be accomplished by the County General Plan LUPAG map and Kona Regional Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested ~A-3a alternative. IX. REC3lJlm~a°i`~€Zl( ANA~I~SiS A. General Plan ~I~P~G l~la~ The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. °f he LUPAG map designates the site Orchard. This designation allows the requested ~A-3a zoning without a General Plan amendment. Gerreral Ilan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term ec®n®rrsic opportunities largely through the construction of any improvements required for the subdivision. !!More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Mlaintaining and improving the quality of the envir®n~aent is important to the success of this project. The General PBan identifies five (5) areas of environmental concerns -air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. 17 Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State department of health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with the farming operations. Any noise-generating facility -such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. !"urther, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. fibs project area is outside of any floodway. Nonetheless, if required, a drainage system wiBl be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not appear to have Kist®ric sites. existing studies of the general area suggest that the probability of finding significant sites, if any, not high. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. The general area serves as a potential habitat for the Hawaiian crow or Alala. however, this would be at a much higher elevation. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the F.4-3a zoning would allow a residence, the project will indirectly fulfill the objectives of the h®casisag e9esnent by creating 6 more lots. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project -with the protective conditions will be used in a manner where it blends with the existing terrain. As the project site is more than 5 miles from the ocean, the usual c®astal ~s®urces concern is not pronounced. fibers will be no 18 . interference with shoreline access. Then, too, through the use of a septic system or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than five (5) miles away. finally, in terms of the Land Use and Agricultural element, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • honing requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment 19 • Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Orchard designation of the LUPAG map. It would also be generally compatible with the surroundingarea. There are many 3-acre lots adjacent and makai of the subject site. There are A-7a and RA-7a zoning makai of the area near the Highway. Although the soil of the site is classified or very poor by fibs Land Study Sureau, its current agricultural use suggests some measure of agricultural value. This request should thus encourage more intensive agricultural activities on the site. This !ot size would be conducive to the applicant's and other landowners' needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. ~or~i~c~ar~d Subdivisi®r~ The designated zoning of the site is Ag-20a. Should the FA-3a zoning be approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. These include the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. State Land Use Agricultural Staneiards As the requested lots will be more than 7-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. 20 ~3~~L Nom, a6 (Draft 2) ORDINANCE N®. AN ORDINANCE AMENDING SECTION 25-8-2 (NORTIi AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 2S (ZONING CODE) OF THE HAWAII COUNTY CODF,, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO, NORTH KONG, HAWAII, COVERED BY TAX MAP KEY 7-3-24:12_ BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-?, Article 8, Chapter 2S (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Family Agricultural (FA-3a): Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly comer of Lot 4 of Block 2 of Kaloko Mauka Subdivision, Increment 1 (File Plan 994) and being a point on the Southerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 12,1 b3.48 feet South and 2,647.77 feet West and tinning by azimuths measured clockwise from True South: 1. 4S° 10' 1,399.98 feet along Lot 4 of Block 2 of Kaloko Mauka Subdivision, Increment 1 (File Plan 994} and along the remainder of Royal Patent 8214, Land Commission Award 77 i S, Apana 11 to Lota Kamehameha to a point; 2. 13S° 10' 563.09 feet along Lot 2 of Block 2 of Kaloko Mauka Subdivision, Increment 1 (File Plan 494} and along the remainder of Royal Patent 8214, Land Commission Award 771 S, Apana 11 to Lota Kameharneha to a point; Exhilbit A Thence, for the nett three (3) courses following along the Southeasterly and Southerly sides of Kaloko Drive: 3. 194° 20` 291.67 feet to a point; Thence, following on a curve to the right with a radius of 760.00 feet, the chord azimuth and distance being: 4. 254° 45' 1,321.85 feet to a point; 5. 315° 10' 60.00 feet to the point of beginning and containing an area of 22.150 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed agricultural subdivision within ehe subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicants shall reserve the following easements and special setbacks in perpetuity for purposes of - protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. A 60-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; 2. A 30-foot "forest reserve easement" along ail lot lines not covered by the 60-foot easement; and -2- . 3. A 100-foot wide structural setback in lieu of the required 30-foot setback along the subject property's public street frontage to provide an additional buffer. C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject property fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition B. The restrictive covenant(s) shall also specify that no less than fifty percent (50%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director foe review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval. D. restrictive covenant{s) in the deeds of all the proposed agricultural lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant{s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant{s) shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval. E. Restrictive covenants} in the deeds of all the proposed agricultural lots within the subject property shall require the individual owners of the proposed lots to file a conservation plan with the Kona Soil and Water Conservation District, with a copy of the approved plan submitted to the Planning Deparerrtent, prior to any land alteration activities within any of flee respective agricultural lots. A copy of the proposed covenants} to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director far review and approval prior to the issuance of Final Subdivision ~~pprovaI. A copy of the approved covenant{s) shall be recited in an instrument executed by the applicants and the County and reco,.,ed with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval. F. A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public i~lorks, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public `~lorks prior to [he issuance of Final Subdivision Approval. G. An archaeological study/survey of the subject property shall be prepared and approved by the Planning Department, in consultation with the Department of Land and Natural Resources-Historic Preservation Division {DL1VR-HPD}, prior to the submittal of plans for subdivision review or any land alteration activity, whichever occurs first. Should significant historical sites be found within the subject property which merit preservation or the ianpletnentation of mitigative measures, the applicants shall prepare and submit an archaeological preservation mitigation plan for review and approval by the Planning Director, in consultation with the DLNR-HPD, prior to the issuance of Final Subdivision Approval or any land alteration activity of the subject property, whichever occurs first. H. Should any unidentified sites or remains such as areifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. -4- I. Accesses} to the subject property from Kaloko Drive shall be constructed meeting with the approval of the Depart: gent of Public Works. J. The applicant shall mak,, its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies, provided that the fair share contribution to address the potential road impacts shall be in the form of cash and shall be applied to improving the Kaloko Drive/Hawaii Belt Road intersection. The fair share contribution shall have a maximum combined value of $7,239.1b per lot. Based upon the applicant's representation of intent to subdivide and develop up to seven (7) residentia! tots, the indicated total fair share contribution is $5,674.12, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition J. The fair share contribution shall be allocated as follows: 1. $3,490.85 per !ot for an indicated total of $24,435.95 to the County to support park and recreational improvements and facilities; -5- 2. $168.40 per lot, for an indicated total of $1,178.50 to the County to support police facilities; 3. $332.61 per lot, for an indicated total of $2,325.27 to the Couney to support fire facilities; 4. $145.62 per lot, for an indicated total of $1,019.34 to the County to support solid waste facilities; and 5. $3,101.68 per lot, far an indicated total of $21,711.`76 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. For purposes of administering Condition J, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the appropriate agencies. K. Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the development within the subject property. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of e~cactions or the assessment of impact fees, conditions included -6- herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. M. An initia. extension of time for the performance of conditions withi~..ne ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4~. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ~ , UNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 19, 1997 Date of lst Reading: March 19, 1997 Date of 2nd Reading: Aprii 2, 1997 Effective Date: April 7, 1997 APPROVED AS TO FORM AND LEGALITY CORPORA(T~ION COUNSEL DATED: 7 ( -8- A-ZOr ~ \ A-~o. A-zo. R, TRUE NORTH 1 Sccl: t'= 1.000' A-5a A a A ZC.a A ?O. A-b. A-~O. J~ A Oa ~ O A O. 0 p A-20s M,4 A-4• ~ d- A-S• S ~ 12.163.46 5 A-9a 2.647.77 W RF A-9. A - 2 0 a "h90ANUlAFiEA" ® A-7a A-20. t~ A-zo. AGF2ICULTURlaL (r~~20a} 9a ~o A-y• P'A~,diLY AGRfCULTURAi~ ~~A-g3®~ A-zo. A<'~E.4 22. l SO AC~2E5 To ~on'o!°yoo h~Q -1a _ A-TO• A- • A-9r A-4. A-20. A-7. A 5. A 9• A-~• -7a A-2Or A-~. A s. AMENDING SECTI®N 2~°8-"2 (N®RTH AND S®UTH KONA DISTRICT ZONE I~lAP) ARTICLE 8, CI~APTER 25 (ZONING C®DE} tJE TH£ I~A+dVAII COUNTY CODE, DY CHANGING THE DISTRICT CtSSIFICATtOi~ FROM AGRICUI.TI~RAL (Aa20®) TO FAMILY AGRICULTURAE (FA~~3~) AT KA~OKO, N{~RTH KONA, HAVdAN. PREPARED 6Y Pl.Af~9~iNG DEPART~lEAdT couNrY of ~AwArf TMK 7-3-24:12 FEBRUARY t0. t997 EX~-1~~1T (occre~wect ~ao~..coao.) OFFICE OF THE COLTN"I°Y CLERK County of Hawaii Hilo , Haauraii ~Q L "A~ VOTEE 4 AYFS ATOFS ABS EX Lntroduced tsy: Bobby Jean Loithead-'T'odd Arakaki C;OIJ~~ I~Y f ~i=~iC Date Introduced: March 19, 1997 1997 Chun a` a First Reading: March 19, Leithead-Todd X Published: March 27, 1997 Ray X RE.~1fiRKS: Reynolds X Santangelo X Smith X Tyler X Ya on X 9 0 0 0 ' ROLL CALL VOTE Second Reading: ~~il 2, 1997 AYES NOES ABS E\ To Mayor: April 3, 1997 Renamed: April 7, 1997 _ ~a~ X ~ Effective: April 7, 1997 ~ Chun X Published April 15, 1997 Leithead-Todd X Ray RER~[AP.KS: Reynolds Santan elo Smith X ler X Ya on 9 0 0 0 I DO I3EREBY CERTIFY that the foregoing BILL was adopted by the County Councpl rand publisl:ed as ina.Iacated a6ozre. ~p~Rgy~~ AS T® /~N~ LEta~ TY: DEPUTY CORPORATION COUfVSEL COUNTY/ /OF hiAWAll _ (l Oate C11 ~ CO•~-LfN'PY( CLERK Ajrp~oved/ ~,eaa'°lhrs day of - . ~ 9. MAYOR, COCIN'PY OF NAW~IdI Bill No.: 46 Draft 2 ~ Refererccc: C-160 -33 a.~l. lvo.: RESOLUTION N®. ~ vG ~ OG ib c~ ,o LSTAI3LISI-IING A POLICY RELATING TO 'THIr AMENDMENT OP ZONE ~y~. ~ DI~TIZCC°T I3OUI`1DARIES tiVITI-IIN ICALOICO MAUICA AND OTI-iEIZ ICONA 9~ '4VATEIISIIED AND I~~IAUICA FOREST AREAS. WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000-ac:e subdivision of twenty acre lots comprising the upper laalf of the aliupua'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, wliicli lands comprise itre upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facirig slope of Mou~it Hualalai above an elevation of approximately 2,500 feet above sea level, all lands are iri the state Agricultural land use district (L.U..D.) and the county A-20a zoned district (or the equivalent, by way ofowner-initiated cluster/open space zoned district combinations) and are in pasture and forest use, with the exception of several forest reserve areas which arc in tiie 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, ar~d to date most such change of zone applications have been approved by the council and enacted by ordinance; and WI-IEiZEAS, such rezoning ordinances have established a pattern of (1) Agricultural - 3 acre (A-3a) miuimurn lot size densities in the bottom one-third of the Subdivision, up to the ?,600-foot elevatioc; and (2) Agricultural - 5 acre (A-Sa) 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 r~~g~~ Exhibit ~ ~ 1~ 'til " 1 WHEREAS, seven.. property owners have cited these heig ned levels of effecti ~ a~~~`o4~~~ density and initiated requests for rezonings of lands in the upper Half of the Subdivision fry e~ ~`~,.,oS,. A-20a zoned district to an Agricultural - 10 acre (A-l0a) zoned district, which requests, if ,a~` •ti~`' approved by flee council, would indicate a zoning policy supportive of ten acre minimum lot ,~ti sizes throughout flee upper half of the Subdivision; and ~b• WHEREAS, flee council believes that most lots improved with t~vo dwellings have done so by creating "virtual subdivisions" often acre property interests under provisions of the state Condominium Property Regime (C.Y.R.) Iaw, which regime creates multiple saleable and mortgageable interests oil a single lot without regard to the county zoned district such lot may be in; aid WI-IEREAS, while flee council is concerned that the limited right to build additional dwellings ai agricultural lots may }lave been distorted into over use in this and other rural subdivisions tlu'ougii flee application of the C.P.R law, it finds that such misuse should not be cause to compromise the value aild force of county zoning powers, and instead may be reason for the state legislature to amend flee C.P.R. law to prevent misuse on lands in stag Agricultural land use district; and WI-IEREA S, the council believes that zoning lands in the upper half of the Subdivision, far above flee elevatio~i where the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural (ands within flee County of I-Iawaii, 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 tiVHEREAS, flee council desires to protect and maintain flee low density use pattern long established for flee mauka, watershed lands of the island of Hawaii, and the Kona region in particular, for a variety of environmental and service management reasons. THEREFORE, I3E IT RESOLVED BY THE COUNCIL OF THE COUNTY OF fIAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,00-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zocie district leaving a minimum lot size of less than 20 acres except where contiguous lasids held under tlae 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 enliancinl; the integrity and value of tl~e region's watershed and forest systems. n ~1`N ~ •~~1" '3.94 'so ~~'r ~4~~~~~~ 4~! BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of esolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia r .dsiein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning ~L ~mmission. a Dated: Hilo, Hawaii, this 19th day of June , 1996. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ~r ROLL CALL. V07'I: COUNiY COUNCIL AYFS NOES AU5 I:X County of I-Iawaii Hilo, Hawaii Arakaki X ~ t3ottk-Abramson hereby certify that the foregoing RL•SOLU°I°ION was by the Childs De Lima ~ ~ 1 ate indicated to the right hereof adopted by the COUNCIL of Domingo ie County cif Hawaii on June 19L 199b Osoria X fL~th X TSf: Ray X Smith X f ~ 6 2 1 0 Reference C-1199 /PC-124 :OUNTY CLLR CH N dt PRESIDING OIFICIrIZ RL-SOLUTION NO. a ~ ° ~a7a i sE$ar~:v~l~ cArETAbo + ' ~yt,t o~te.~aT s. c®LO~em-AOAa~. caaA'RaE~soN 90V1~NfSkR OF HAbYAR .3'JAAO OF IAND AP1D MA R1RAl Ra:SOU©C£S S ~ - DEPUTIES ? JANET E. KAINELO Pf~01.o.y~. a,~.~ UNNEL NISMIOKA STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES AnuAnc RESOUnces eoAnNC ANO ocEAN RECREATION HISTORIC PRESERVATION DIVISION COWAPAISSION ON WATER RESOURCE Kakuhihewa Building, Roam 565 A9ANAGEhAENT 601 Kamokita Boul®vard CONSERVATION AND RESOURCES Kegol®i, Hawaii 96707 EAIFORCEAAEAIT C ONVEYAAICES FOREST4tY AND VbIIOLIFE 7i1STORlc PRESERVATION March 5, 2001 10~1D STATE PARKS Mr. Greg R. Mooers ~ LOG NO: 27054 ~ P. O. Box 1101 ~ )1~~~'~~ ®OC NO: 0103MS01 Kamuela, Hawan 96743 `t'--.~' IIJJ Dear Mr. Mooers: SUBJECT: Historic Preservation Concerns for 22.1 Acre parcel in Kaloko IlAauka Change of 2<one (97-54), Kaloko, North Kona, Hawaii Island TIVIK: (3)7-3-24:12 Thank you for the opportunity to review this proposal. We have no recorded archaeological sites for this parcel. Site inspections made to nearby parcels did not record any significant sites, and we believe that this pattern would continue into the subject parcel. A previous study of the area (Gordy et.al. 1991), suggests that remains of the agricultural field system in the Kaloko area would be unlikely above 3500 feet elevation. The subject parcel is located at 2900 feet, placing it at the margin of the field system. Because of the parcel's elevation and lack of sites in nearby parcels, we believe that there are no significant historic sites present and the proposed rezoning will have "no effect" on historic properties. If you have further questions please call Pat McCoy at 692-8029 (Honolulu), or Marc Smith at 933-0482 (Hilo). Aloha, / ~ ~ DON HIBBARD, Administrator State Historic Preservation Division MS:amk Reference Cited: Gordy, R., J. Tainter, R. Renger and R. Hitchcock 1991 An Ahupua a Study: The 1971 Archaeological Work at Kaloko Ahupua'a, North Kona, Mawaii. National Park Service, U.S. Department of the Interior. Western Archaeological and Conservation Center Publication in Anthropology No. 58. ~x~~bgt C AGRICULTURAL (A 20a) TO N A_2U~ I ~',t FAMILY AGRICULTURAL (FA-3a): ~ ~ ~ 'i AREA = 22.176 Acres A-20a W E ' ~ ~'.t A-20a SO S A-20-. tt A-3d A-2~ t 12,163.48 S 2 647.77 W 1r, ~ A-3a : 0 / A-20a A 5a ~ - n % i ' ~ ~ A-3a \ A 3a - C~ A 3a A-5a F~' - " \ FA-3a ~Y - " \ A-3a FA-3a d Q ~ ~~s ~ ~ - ~ fie, / J gyp, ~1 - ` ~ ~ OO - ~~Lc<` ;tip A a A 3a A 3a ~ ~ ~ 1 A-3a Ada ~ I A-3a ~ ~ ~ i~.r r r ; \ ` ~ A-3a A-20a \ _ - " A-20a 1 - 1 A-3a / ~ ~ - " }1 A-3a \1 t \ ~ A-3a`' ~ A-20a 0 1000 2000 30004000 5000 Feet ' AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICTS ZONE M~4P) AR°I"ICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, ~3Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A 20) TO FAMILY AGRICULTURAL (FA 3a) AT KALOKO, NORTH KONG, HAWAI I PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAI I TMK :7-3-024:011 ~ MARCH 19, 2002 (KI NG:1061) "~:r>. ~ . ~~ART~~T PUBLIC ®RKs c®Ulv~-Y ~IAwAII ~IIL®, HAWAII DAT~:March 26, 2002 TO Christopher J. Yuen, Planning Director Planning Department ~ ~ I"ROIVI lf3en Ishii, Acting Division Chief ~ engineering Division _ . ~IJ~J~CT Change ®f ~®ne Applicati®n (I~~Z 02-002) - Applicant: Roy King, Jr., et al. ' Location: Honokohau 1St , N. Kona TiVIK: 3 / 7-3-24: 011 _ 1/Ve reviewed the subject application for change of zone from A-20a to ~'A-3a and our comments are as follows: 1~~?AINAG~ 1. All development generated runoff shall be disposed of on-site and shall not b~ directed toward any adjacent properties. 2. `The applicant shall be informed that if they include drywalls in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. ~Af?7"O~WORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant should consult with the Natural Resources Conservation Service, formerly known as, Soil Conservation Service). .r - . Memo PD-King, ~t al TM K: 7-3-24:011 March 26, 2002 Page 2 of 2 ~?OADWAYS 1. Kaloko Drive fronting the subject property, is a County road serving as a major collector. it has an approximate ~~-ft. wide pavement (in good condition), with grass shoulders and a 80-ft. wide right-of--way. 2. Vehicular access to individual lots should not be from the Kaloko Drive. 3. Access to Kaloko Drive including the provision of adequate sight distances, shall meet with the approve! of DPW. Street lights, signs and markings shall be installed meeting with the approval of the DPW, Traffic Division. 3. All roadways within the proposed development shall follow the guidelines incorporated in the 0-lawaii Statewide Uniform Design Manual for Streets and Highways or AASHTO. TiRA~~IC 1. Consideration should be given to level of service on Mamalahoa Highway. Since the intersection of Kaloko Drive with Mamalahoa Highway is under DOT Jurisdiction, comments should be obtained from DOT. 2. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. An account for improvement of the Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. Should there be any questions concerning this matter, please feel free to contact Kiran ~mler of our Kona engineering Division office at 327-3530. KE -copy: LNG-HILO/KONA PLNG-KONA --~,~•~2~-12002 11:02 FAg 961 8657 DEPT WATER SUPPLY hi/0 P.LANNING ~J 001/002 s d'nrfr, ~,M , b~:. 1~.; t ~~I~A~~MN~ ®i~' ~~T~~ ~<Jl~~taY • +~®UfelT°Y Q~ 1~e4~d~i1 cv'f ,~r~~ 345 KEKUANAOA STREET, SUITE 20 • HILO, h1AWAll 96720 r rcr'~R'Yp~' TELEPHONE (8081 961-8050 FAX (808) 961.8657 ,A,pri123, 2Q02 TO: Mr. Clar~istapher y. 'Y'uen, Planning Airector , lPlg I~eparent ~pM: 1Vlilton D. Davao, Manager ~iC7(`: C.~l~'.p~p gTG^el~~~®P~~ ~'~G1 ~~~'~~pgCVA~~`p1[OyN1r~(w ,~+*Z OZ-002) 1C R.IA~eEAA\ 1 8.~®Y #Je A®VYy iDi~b9 A~ 1 1-'ALe ~~;~~'I`: A.GIl~C~~.`l~°l; (,s4,-20a) `I°®~ F.~IdI~I~Y 1~G~J[Ci3i,~'iT~. (.FA»~a) `7C. 1 IC'Y': 7-~-U,~4.d~~ ~e have reviewed ~e subject Change of ~onc Application and have the following coexats. 'eater can be ra~ade available #'rosn an existing ~-inch waterline along I~alolco I3rive frontiri~ the subject parcel. Pursuant to th+r I~epaent's 1~oa:u S°ottr°cc ,4ga°eenaent, executed in 1985, and the V4Tater I~®ax°d's (foranerly "~Jater Co~nisSiOn,") conditions for a trine extension to it, wl~ivh were approved ut its . May 25, 1999 meeting, tt~e subject parcel bias a ureter coitnaent for seveat add$tional units of vrateg which expire on hlaae 30, 2002, A copy of the ®Vater 13oaxd's conditions for a tine +dxtension is being fi~rvvarded to flee applicant. ~~sr the applicant's irafoxmafaon, should tlac subject change of zoa~e be approved and a subdivision application e7~eCULed, ~zxal approval will be subject to tkae following requires~ents: 1. Constrict necessary ixrlproveiuents, which shall include, but not be limited to, the following: a_ wrater mains capable of deDivering water at adequate pressure and voluxue under peals-hour fI®vv conditions (nn9r;~urgt diameter of mains shall be ~ inches), b. service laterals that will acco~xnodate a 5/8~inch meter to each lat, and c. cut ~d plugag at tkte 4pisach main in Kaloko Dive any existing service lateral to the existb~g parcel that will not be used under the proposed eight-lot confiiguration. Subanit construction plans prepared by a professional engineer, registered in the State of Hawaii, 2. lt,ea~it the prevailing facilities cb.arge balance, which is subject to change, of $693.00. T`he deteranination of this acnounfi is shown below. 'This is due and payable upon. coanpletion of the constnaction of the water systexrz x~pz~ovenaents and prior to final subdivision approval b°ing granted. ~ ~ / UVa~'er d rin.~~ pro~re~~.... s A 1• ~ a.-p _ .i'24/2002 11:03 FAg 961 865 DEPT WATER SUPPLY M/0 PLANNING ~ 002/002 ludr. Christopher J. Xuen,1'lanning Director rage 2 .Apri123, 2002 I~`acnlfties Charge ®ne existi~~ 1`4 service for Parcel No. 11 at $940.00 each (previously paid.) $ 0.00 6 additional services at $4,350.00 each 26,100.00 37®/o credit for paa~icipation in building and outfitting of wells - 9,657.00 7 additional services at X1,500.00, each paid an I9g6 -10,500.00 Subtotal 5,943.00 Water C~a~tamit~ent 3'ixaae e:~teffisiosa paid #'oz ? addatiosaal waits ozz iZ/6/91 - 2,100.00 mater +coaaazxaitnaeaats paid for 7 additi®u~al emits from 9/15/99 to 4/22/02 - 3 1mfe 5000 Facilities Charge balance as of 4/22/02 (Subject t® Change) $ 693.00 For the applicant's infortso~, the above tabulation asse~es that the seventh additional unit of water is not trans~'erred to another parcel withiaa the same water systean, which is ~ possibility under the dater Board's Ivg~ay 2S, 1999, conditions for a time extension. Af the applica~at chooses that option, then the facilities charge balance will have to be recor~aputed, 3. Sub~.it the appropriate documents, properly prepared and executed, to convey the water systescn irnprove~ents and necessary casements to tlae Mater Board ®f the Coaaab,~= of 1-Iawaii. A registered land setrveyor shah stamp aaad certify the metes aaad bounds description wsthira the conveyance docaatnents. Coaa~~yaaace of the inapr®veanetzts and ease~saents are aired prior to water services being granted. 4. Comply wills all other applicable policies and requirements of the I~epartarae~at's locales and Regulations. N®ncornpliance may be cause for voiding this water cotaitraaent, at which tuxae availability will be saabjgct to change accordance with prevailing wate3- system conditions, policies, seed l8,ules and Regealations. Slsoaald there be any questions, please call oaaa° ~J'ater Resources and P g lirar~ch at 961-8070, ~ctcnsaon 1. Sincerely yours, . wit®n avao, P.E- Iviana r l~C~i ylsh copy - (v~/erac.) lvlr. boy King, Jr., et al. (w/ezac.) hlr. Sidney Faakc JNtltliOF N4[y 3i~ ~ ~si~warcl ~uxraatay arty 1;{1Y21 Fire Chief Mayor TE of'Nd' 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 L. (808) 961-8297 Fax (808) 961-8296 February 28, 2002 To: Christopher J. Yuen, Planning Director From: Edward Bumatay, Fire Chief SUBJECT: C9°tAfVCaE QF ~~NE A,P'PL6C~aTl~n1 02-002) ~~PI~iCABwI°fS: F~C?1F F, I'tIIVC~, Jt~. ITT AL. ~E~UES~': A~RiCU~,~Uf2AL (~-20a) l`® FAMILY A(~FdiCltL.`T°l~i~AL (FA-3a) . T'A)C IVIA~ 6CEY: ~-3-024:01 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire apparatus Access roads "Sec. 10.207. (a) ~eraeral. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) V1Shere required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. '°EXCEIP~i®NS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. ~p,11 COG y~ T~R~ o~ To: Christopher J. Yuen, Planning Dirctor Page 2 February 28, 2002 '°2. When access roadways cannot be installed due to topography, ~ waterways, nonnegotiable grades or other similar conditions, the chief may ~ require additional fire protection as specified in Section 10.301 (b). °°3. When there are not more than two Group F2, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) V4/iidth. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Verticai Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. °°~)CCI=I~T"I®N: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Perrnissib9e illiodificati®ns. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surfiace so as to provide all-weather driving capabilities." (20 tons) "(g) fi urning radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnar®unds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Christopher J. Yuen, Planning Qirector Page 3 February 28, 2002 "(i) fridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. fihe gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Gbstructi®n. T'he required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(I) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." -Water supply shall be in accordance with UFC Section 10.301: "Sec. 10.301. (a) l`ype Ftegtaire~. °l`he chief shall designate the type and number of fire appliances to be installed and maintained in and upon al! buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall- be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Specie! Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additiona9 safeguards maybe required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. To: Christopher J. Yuen, Planning Director Page 4 February 28, 2002 "(c) 019fater Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. °°Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. '°The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) dire Flydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) T'irtniin~ ®f lnsta!lati®n. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." - EDWARD SUMATAY sire Chief X13/mo ' ~ ~IO~~~~fl'°;~~C~, i~l~nnirg Consi~4tant _ _.__r.,.~e.____~.._.,.~,._.__~.~.~_~,_ ~ ~ 100 Pauahi Street, Swte 212 • Hilo, Hawaii 96720 g • anance • Zoning y Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Perini • Environmental Reports April 18, 2002 ,y _ - ~ Mr. Christopher Yuen, Director ~ ' ' _ Planning Department - ; . COUNTY OF HAWAII . , 25 Aupuni Stxeet Hilo, HI 96720 Dear ]VIr. Yuen: Subject: Rezoniaag ]l~esiea~est (REZ OZ-OOB) ~>~oy E. Kiang, Jr. et al• Kaloko 1@~aaaka, North I~oaa~ 1~iI,~TI1~K: 3/7-3-02~: 011 I would like to use this means to respond to agency and public comments received to date by your office on the subject matter. Department of Public Works (DPW) 1. The drainage and earthwork requirements outlined by said agency and the County Code will be complied with prior to any land disturbance activities. Further, should drywells be required, the appropriate UIC permit from the State Department ofHealth will be secured. As has been required of recent rezoning actions in this area, a Forst 1lidanagement .Plan will be prepared in consultation with the Natural Resources Conservation Service (NRCS, formerly SCS). 2. All lots will be serviced by an interior road, meeting with the requirements of the Zoning Code and the approval of the DPW. Tentatively, the applicant intends to have a private road with a 16-foot wide pavement within a 20-foot wide right-of--way. Its access point will be situated at a location deemed acceptable to the DPW, and the applicant in conjunction with the subdivision approval process will install the required improvements (such as street lights, signs and markings). 3. The applicant is prepared to pay its fair share assessment to address the condition at the Kaloko Drive/MamalahoaHfghway intersection. Currently, the fair share is made prior to receipt of final subdivision approval, which could take more than a year from the zoning approval date. To accelerate some measure of improvements at this intersection, the applicant is prepared to advance its share and/or contract with an engineering firm up to its required share (approximately $50,000) within 90 days of receipt of zoning approval. Said funds can then be used to develop the appropriate schematic improvement and/or construction plans - , Mr. Christopher Yuen April 18, 2002 Page 2 commensurate with the amount of funds already contributed for this roadway by other projects in this area. Kona Soil and Water Conservation District As noted earlier, the requirements of the grading/grubbing ordinance will be complied with prior to any land disturbance activity. A Forest Management Plan will be filed with the Planning Director for review and approval, upon consultation with the NRCS and State DLNR. Resident and/or Landowner Comments I have had a meeting with some of those who had written letters on this application. I noted that the applicant was prepared to accept all of the terms and conditions contained in the Kam Center Specialty Corp's A-Sa rezoning ordinance, as well as accelerating the way to address the Kaloko Drive intersection issue. However, it appeared that the requested FA-3a designation was equally an issue, as the expressed preferred zoning designation was still A-Sa. We would like to note that the subject property is bounded on 3 of its sides by either A-3a or FA-3a zoning. The remaining side on the makai side is zoned A-20a, but that lot is also bounded by A-3a zoning. As such, the subject property amounts to an "in-filling" and is consistent with the established 3-acre pattern in this area. The other issues raised relative to forest and wildlife and traffic, we believe, have been generally addressed above. We do wish to note further, however, that the applicant is prepared to accept 67% (2+ acres) of a lot in its natural state, leaving about an acre for driveway, structures, cleared farming, and related improvements. This is much higher than the 50% requirement of other A-3a or FA-3a zoning in this area. The applicant also wishes to fmally note that they and/or their families have owned the subject property for over 30 years and have paid for and maintained their water rights for 71ots throughout this period. After all these years, some of them now wish to reside in this area, like the others. Mr. Christopher Yuen April 18, 2002 Page 3 I trust that the aforementioned have adequately addressed the questions and/or issues. If not or if there are further questions or comments on this matter, please feel to contact me. Thank you very much. Sincerely, f~ ~ ~.Irr.,.:.. S~T31Y M.'"FfJKE . Planning Consultant Copy -DPW MRCS Mr. Roy E. King w/ enclosures FROM : Kona Psychological Ser. s PHONE N0. 808 0000000 Feb. 19 2002 05:101'M P2 KQNA l?SYCHOI,OG~CAL SF'RVICES, TNC. Reuben Lelah, 'Psy.D. Pediatric dr Adult Ps~claology l..icanscd Cl{niCEzl Psychologist %3chayio~l Medicine License #PSY 560 - •;Mcdical/Fdealth Crisis h~tcrvcnti~~n ~i.f r ` 2%Y 8%2002 To: Geraldine M. Griffin, Chairperson _.w. Alanning Commission 25 Aupuni St., Roorn 109 hTilo, I-II 9ti720-422 From: Reuben Lefah, Psy_D. 73-43401-Iuehue Street Kaallua-icons, ICI 96740 Subject: Rezoning Request TMK: 3/7-3-24,01 I and its impact on the Kaloko Mauka l?nvirorunent Dear Ms. Gt°iffin: 1 would like to register my opposition to the above application for e•ezoning. I also want to add eny natale iaa stepport of the points raised in the letters sent to you from Alan Beall (2/13/02) and Lydia Weiss (2/!5!02). It would wean that for the Kololco Maaeka Community to pull together to protect this precious forest-area from each individual request like the- one above is no4 the best way to address the stseious concerrts iaf Kofoko. I too would like to Invite the planning camrradssioaa members to toret'the wflsofe of the lower aced upper Kofoko 1Vlauka Subdivision. You wil! easily see why the concerns ore raise are indeed raised over and over. Perhaps there you will be more able to help put in place that which is necessary to protect this fragile area ortee and for all_ The conceems remain: 1. 'The environmental ixiapact ov Kaloko Mauka Subdivision-known aced unlwown. 2. Increased traffic density and impact on an already daaagerous intersection atKoloko I3rive anti Maaaaalahoa f-dwy. The likely it~aific burden that surpasses the design and intended use of Kaloko ®rive. 3. Ieacreased housing density. 4. Decreased forestation. 5. Water resource problems. 6. Violation of the prtcedcnt sot in the 14aen Specialty Center request., 5 acre parcels wore the limit outcome in that application. 1 hope the Planning Commission is awtare that the Kaloko Mauka Subdivision was considered a mistake in that after it was approved, there was a "wish" that it was kept as watershed land protected from residential itaapact on forest and wildli?e. For the Planning Comtaiission to allow continued increased building, population sled ta'a~e density of the sort that already plagues the lower parts of Kaloko Mauka, further seriously cornproanises the enviroiuaaentalstability ofthe Subdivision. We NE)rl~ to reevaluate zoning decisions taaade and snake better ones as situations as the above arise. 'To not do so disrespects the environmental imperatives of an area of ~dawaii Island shat has no equal. 1 support 5 acre rather Haar 3-.acre parcels ire that the Planning Commission knows that 3-acre parcels have been further divided via CPR process to 1 and 2 acre parcels---as those ire o1R'ice chaetge_ Tlae CC ~ R's can state what khey wiii- however, in reality, no one is really monitoring and enforcing them. This places ehe envirournent iA further :.peril. 75-5591 t~alani R.o.3d, #20088. K.tilua•IConfl, HI 9G740 Phcinc: (80$) 329-5554 Pnx: (808) 329.5$96 R.Msil~ rlclah(iQalolaa.nct a °i, FROM 1<ond Psychologicdl Se, s PHONE N0. 808 0000000 Feb. 19 2002 05:11PM P3 Alain, [would request that the Planning Commission send a few delegates to actually look at the safety and other environmental cotticertas in our subdivision. Rather than just looking at a map or other documents, it would be irriportant to actually drive the road and experience the very real potential dangers. Finally, with ~ increased traffic burdeYa, comes a decrease in quality of life for Kaloko Mauka Subdivision residents; a change that is the asttidtiesis of why current residents chose to live in Kaloko in the first place. This may seem selfish at first glance, however, a decision to buy in Kaloko carries with it the responsibility to shepherd the forest acrd protect the wildlife. More homes mean less forest, which irxapacts on tht; wildlife and the watershed potential of the land. Obviously, increased traffic and noise impact on quality of life. With each horns, come not one, but a number of cars. Any of us that have lived in Hawaii know that written assura»ces and promises mean little in the fact of possible monetary Dains. What is allowed with resn•ictions to appease current Kaloko Mauka Subdivision becomes a dit'terent reality when those seeking to ntakc money bring dtieir power and influence to bestir on important olficials. ! respectfully request that all the above and the conccros shared by other responsible citizens that reside in the Kaloko Mauka Subdivision, be given serious reflection astd thoughtful response. 1 hope that there is an appreciation for the gravity of environanerttally "wrong" decisions now made and that the Planning Program officers atzd Planning Commission will be visionary as they continue. to decide the fate of our Subdivision; a vision that has profound ramifications for current and future residents of this beautiful and spirieual part of l-lawaii ]stand. Respe fully, Reuben Lelah,Psy.D, Cc Mayor hlarry Kim Curtis Tyler Chris Yuen Sideey Fuke Al$ra t3eall Lydia Weiss Marion A. Durant 73-4550 Mahi Street Kailua-Kona, Hawaii 96740 February 13, 2002 fibs Honorable Harry Kim 25 Aupuni Street -Hilo, Hawaii 96720 fie: Application for Change of Zone from A-20a to ~A-3a TMK 3/7-3-24:011 Dear Mr. Mayor: I strongly oppose the change of zoning as applied for by Fioy King Jr. I would not be opposed to a change to 5 acres. f would also like to suggest that only a minimum number of native trees be removed in order to accomodate a road and house lots. Sincerely, Marion A. Durant fiMK 7-3-006-034 cc: Geraldine M. Giffin Christopher Yuen Sidney duke Curtis fiyler BEALL CORI'OI~TIOlm1 1123 l lt" Avenue, Suite 401 Honolulu, Hawaii 96816 ~ ~ L VIA FAX & MAIL~808) 961-8742 - - February 13, 2002 Geraldine M. Giffin Chairman Planning Commission 25 Aupuni St., Room 109 Hilo, Hawaii 96720-4252 Re: Rezoning Application from ~.-20a to F:~~-3 a, TMK 3/7-3-24:011 Kaloko Mauk« Dear Ms. Giffin, I am the owner of several Kaloko Mauka parcels and reside on TMK 7-3-25-17, lot SA-1-A. I just received notice of the above reference rezoning application and would like to express my objection based on the already excessive overbuilding of this natural forested neighborhood. This project is immediately adjacent to the well-known "hole in the ground" at the intersection of Kaloko Drive and Hao Street. At some point thi` over development must be checked as already too much irreparable damage has been done to this once quiet rural neighborhood.. In addition to the devastation of the forest and wildlife; our community continues to be concerned over noise, water availability and traffic. Kaloko Drive provides the primary access to Kaloko Mauka, from the Mamalahoa Hwy. Kaloko Drive has pavement of only 20 feet with 8-foot wide grass shoulders and connects to Mamalahoa Hwy in a "T" configuration without any chanelization or traffic lights. This is very dangerous as is without additional dwellings. At the November 1, 2000 Planning Commission meeting, I believe that the Commissioners agreed to a field trip to "see what's going on up there". We welcome such a trip and request that this be done before action on this or any other applications. Further, we request that there be a moratorium on the processing of any rezoning applications or subdlvlslon al~nroval ,int?1 the traf~r ~itnatinn i_c rashly°d anti r~rnnPr rnrtrnlc in r,larp ~Iy neighbors join me in this request. Respectfully submitted, L'c~ ~ ~ . Alan C. Beall Owner and Resident, Kaloko Mauka CC: Mayor Harry Kim J. Curtis Tyler III Chris Yuen Sidney Fuke ACB/fq _ _ _ _ FROM ROGF_R-LYDIR.WEISS.808.3. 7714 FAX N0. 325-2299 Feb. 18 202 10:32PM P1 f~'rorn: 2'~r:~p~~r e~' ~,t~~fia `YVeiss ~'.C). 33C)X _3178 ~aiG.tra-~ptt~, 9~~z~txii 94745 t7~ice (~0~)329-~99~ ~~v~ne (~0~)325-77I~ ~~X : (~0~) 32~-.2299 n~t~: ~ ~ r r~0• ~ Fay Ns~~a~er: ~ ~ No. oP p~~~s: • ~ ~ ~ ~ i-~~ FROM ?OGER-LYDIA.WEISS.808.. >-7714 FAX N0. 325-2299 Feb. 18 2002 10:33PM P2 ~Q,~er.~.. `1Ne~ss, Z'~i.rD. ev' L~rdr.~ ~d. 7Nei.ss r3-~95'd ~~®~o fir„ iCu~a~~a.a, ~I96r~G (~o~) 32~ rr~~ ~o: Geraldine !N. Oiffin, Chairpers®n February 15, 2002 Planning Cor~n~ai~ion 25 ~aC~pB~ni S`t, I;t®®rt~ 109 l°lilo, l-!! 957®~~~52 Leo ~~®~i~. eq~est e 3~'~ 3®2 01I o~zr a1oo la~~a ~o~e~t ~~bdi®i~i®n tti~y dear BAs. Giffin, First of ail, after r~eettng you at the c®rt~rraissioner's rr~eeting that reviewed the rezoning of Kans specialty Oenter lots, !fee! confident that you and the other c®mtt~issior~ers are in partnership with us. tCalok® neighborh®®d friends worked successfully together for over ~ year t® address our c®ncerns and the needs of Kates ~peclaity Ger~ter. ~e are residents that Dare .and want t® support our unique es~vir®rarr~ent. !t seems that this reposer to rezone ~OdA parcels t® 3~ !s going to continue fora !®a~g tune and that perhaps we could take a proactive approach t® these requests. ! don't fl i't is a solcation to continuously w®rk with develr~pers regarding hose to manage each parcei asad that if this- continues, many of us will l®®se ®ur enthusiasm. I am propgsir~g that Fight now is the time t® work t®gether. We have a neighb®rho®d and county government that want t® make a differeroce. I say let's harness this energy and I®®k t® see what we can corns up with t® protect this ®ne and only l<ailue~iC®na R9ative F®rest. Not just rrt®re rules but incer~tlves that art nature friendty, IPile know by now that the upper Fc® systet~ affects the lower areas. Oarr~age up here in the r~oc~ntairi d®es impact and destr®y the ~c® system, ~rat~r suAPIY and life style, etc. let's make it more attractive t® rriaintairs-the forest. fi°he 3~ def®rested parcels directly act®ss fr®r» this lot that is requesting r®ning and the lot t~iauka to it, are totaliy a disaster and an eyes®re, shameftal to all. Many ®f the parcels that were subdivided under the latest set of rules, have atreaety broken their agreerraents aid this is an®ther reason to not a!I®w as~y r~®r~ 3~4 ®r srnaller° paresis. FROM ?OGER-LYDIA.WEISS.808.. ~ 7714 FAX N0. 325-2299 Feb. 18 2002 10:33PM P3 . suggest we c®nsider implementing perrr~anent annual tax penalties f®r build®zed areas that are beyond an agreed amount that is appr®priate f®r a house and garden area. So that most People would have the incentive to c®operate and abide by the rubs. Right now a fine is not a solcrtion. It is even perhaps worth paying a fine for the I®ng~terrn use of grubbed land. but if that one were a permanent tax at a much higher rate than a r~inirnal forest stewardship tax, landowners would have a ch®ice. T"he ch®ice to d® what they want but pay n7ore money to destroy more environment. We have aerial ph®t®s fr®~ over the years that sh®w changes and anre could establish a beginning point ~®W. Please come and make an on site visit, we would be happy to h®st you and have a p®t luck and perhaps abrain/spirit stor~aing session. would tike t® see a rnorat®ritann on any kind of rezoning, subdividing, bulldozingg CPR, any human destructi®n of this preci®us area tiii we end a way t® live in harmony and respect this laud and it's people. lP~hen worked with Kam Center in their efforts t® subdivide, they offered to take the initiative to begin the design pr®cess ®f the intersection at Kalok® fir. and Mara~alahoa e~wy. I would Ilke to see you encourage and support their ofl°er because this has been a source ®f concern for our co~a~unity. `t=his will only get worse over the years as the traffic increases on Ma~aalahoa hlwy and even more so if we contina~e with increasing the density of IGaloko 1'~auka area, I hope that yoca ~orill take into consideration all the letters and the sore than 100 signatures from the residents in this area that pulled together to let you kn®w thei~° c®ncern5 during the review of iCarn Oenter's proposal. We are still concerned and suggesting that you at least consider the precedent that was set with Kam Center of 5A minimal size with ~0°/® maintenance ®f trees, and bo~€ndary setbacks ren~alning icy forest, etc. Please c®nsider a tax incentive plan to help owners to c®®perate in caring for this one of a kind forest that is being dearoyed. I would be happy to organize a get togethe~° with czar Kalok® friends with those of you that have ~nteres`t an cotnQng up. Sincerely and ~Ioha, Cc: May®r Larry Kira Curtis ~'yler Chris Yuen ~.ydia ~ Weiss FFB-25-02 01 :34 PPS ~1~P18 808~250'S91 P. 01 ISAfLUA-K®NA, l~It. 96743 (,rr~ldlne ftd. GIIR'cea, Cls~lrpts°s®n , ~laesa~aet~ G'~astesalssi®ra Z3 Asa6aaasal ~^g. Idomeas 109 1~961as, 061.96720-4232 _ SEE: ~~~iaa~ Request T'{11MC: 3i'1-3-Z4:ot 1 dC~l~k® I~~~k~ R1s, Cfift'cas, As a 13+ ye~g resldeaat ®t The IS~lekta I~t~aake~ Sasbdle+lsl®n, I Aa~a re~isteriae~ ~y ®pp®s@tlaaaa t~ the esbeve aateaeti®rsed Fez®aalaag a~gasest, ~~d ~aay ~tbea° r~as~ts, ssaatil s~e6a time th~8 iei3sss~ praatsd by tie I~sDI®k® R~~~ S~l~t~isl®at C®asaAaassraity !save be~~ edde~sssd, eats6 are _~tis~ctear°Ily s®Iv~¢I= Thug lessees tsaelsaaie, bast ~a°e asset liaro~lted t®: 1de~~tiwe la~+p~et ®i lsacre~saaal p®pul~ta®aa de®slty seed tr~~t yet sul>°:t~nd~rrd a°~~ds end laste~c~ti®ta. Ige~sstive Isespezst lascre~l p®pael~tieaa deaaslty end deccre~~eQ .I.®t alaes ®as the ~xl~tlas~ ~~te~ reapply. 3~f®~~¢ati®¢e ®f ~u~ ®aee ~~d ®ury r~~dlu~=K®ne ~®e~t grad w~te~hed. ,,+t the N®v 1, 2aBS10 Pl~saaaias~ C®nasssas~a®n a~~ctlsa~, tl~ C®mats8ssf~taera pa•®aatlstd the r~aal~k0 ~~uk~ C~aasaatatasity a ~t'+stld Trip'° t® ttac Soa~1~l~t~es, to ~~t ~Sth us, a$~d tea ss~e ttia°st baasad !be d~~dtatlaa~ ths3t ®vea° dev~l~laasss:u4 has ~~cssed, VVe ~a•elcasme a:ueb eEaa tea®ga®~ttasss, ~asd reepectr~sl@y a•~quest ~ asee~$t®rturta ®a a~aay s'e~aef€a~ ~tsptieetl~sas oasts! ~sacA tterae that pa~saper eased s~aac caaaata~la icaa• ~~y thesare deda>I®pa~~aet aDl'-the 6Csa1®k® ~a$~~ ~aai~issr~aa aaa~ l~s pla:ee. Res6atetfully, .t~flrey A. P'oast~ Ct~; 3~rey®a• lYfsa~a•y raa Curtly Tyter Ch~~ !'ease: SlOney p'sake .t :i ~ ~ T~ ~ Michael and Rose Marie Free 73-1633 Hao Sheet - ~ ~ Kailua Kona, HT 96740 808-325-6576 '_3 x'Si Af 31 -~._iel e9A LZ-''- - . T__~ i.; Februa ~ 24 ~ , 2002 Ms. Geraldine M. Griffin Chairman Planning Commission 25 AupaYni Street, Room 109 Hilo, HI 9b720 RE: Rezoning Application From A-20 to FA-3a, TMK 3/7-3-24:011 Dear Ms. Griffin., VVe are the o~xner's of TMK 7-3-2:021 which is located across Kaloko Drive from subject property. VVe are cvnitittg to express our objections to the rezoning application referenced above. We are concerned that the current infrastructure of roadways, especially the lack of a stop light at the intersection of Ka.loka Dr. and MamalalYOa Highway, is inadequate to support further development at this tithe. die are also concerned that the access point to Kaloko Drive from subject property is located on a blind curve with sight distance likely to be inadequate with regards t0 GOtPffity drtve way regulatYO%tS. If each of the proposed lots in the subject development had t<vo ears each, that means another 14 cars that would be accessing Kaloko Drive. Ka.loko drive has a 20fI width and grass shoulders. Both Kaloko Drive and 11~iamalahoa highway cannot tolerate much more subdivision without improvement and traffic lights. We are also concerned about the continuing devastation to the natural forest in Kaloko. The more forest that is depleted the less water there will be for any development in Kona. We request there be a moratorium to any further development including this project until the county makes improvement to the roads, adds a traffic light at the intersection of Kaloko Drive and Matnalahoa I-Iighway and reviews the impact of development on the watershed in Kona's last forested area. Sincerely, ¢ rt s G~ ~ _ A~._ - - -4__.C_ _y - ,~"~1 ~ _ _ Michael and Rose Marie Free ~ & ~ _ Chris aZ iris Taylor 4'. O. ~o.~ 2174 7~ailua-7~ona, ~lawaii 96745 ~ ~ 808-325-0909 ~~~ylo; sltawaii~ aol. co,; February 24, 2002 ~l~fs. Geraldine hl. Griffin Chairman Manning Commission 2SAupuni Street, 12,oom 109 .Milo, .9`fI 96720 Ir{,E: 1~,ezoningApplication FromA-20 to FA-3a, 7~1?~3/7-3-24:011 Dear 9d2s. Griffin, 4Ne own and live at the property directly across from the proposed rezoning appl cants property as mentioned above. Our ~~F12~ is - - 3 . Ol~ Z1le understand the plarentng commasston will hold a hearing on this application in the nearfuture. `iNe are concerned that we do not have the proper infrastructure (there zs no stop Ctght at the intersection of 7~aloko 1~rive and 942amala(aoa .7fighway and the amount of traffzc currently on this road is already lteavy~ to accommodate a Large developrraent lake this. For the safety of everyone driving on 2~loko ~J~rive we ask that the Manning Commission put a (told on this application and others Cke it until improvements are made. ~Io approve additional access to 7~alo~o give especiall relit after a blind curve endangers atl w(to use this road. 7Ne ask that the <'l~nning ~'ornntission come up to 7~aloko 1Yfazcka to see what rs happening for themselves. I believe this was an agreed to fz'eCcf trig in Novera6er 1, 2001. Both 7~aloko wive and ~tarnalahoa .?figFiway cannot tolerate rrzacch more sas6division without irnprove~rcent and traffac fights. Sincerely, , ~ ~ Chris az 7~ris Taylor -I , JNgV 06 y~~ Marry Kix~ \~~~%j James S. Correa .Mayor Police Chief ~e p'., Ma M e 0. '4AE Oi•Ki.`86 ~ott~~p of ~~~tt POLICE DEFAI2TMENT 349 Kapiolani Stree[ • Hilo, Hawaii 96720-3998 (808)935-3311 • Pax (808)96{-8869 May 6, 2002 TO CHRI PH EN PL NNING DIRECTOR . ~ ASSANT POLICE CHIEF FROM OMAS J. HI ~ COX, SUBJECT CHANGE OF ZONE APPLICATION (REZ 02-002) APPLICANTS: ROY E. KING, JR., ET AL. REQUEST: AGRICULTURAL (A-20a} TO FAMILY AGRICULTURAL (FA-3A) TAX MAP KEY: 7-3-024:01 Please accept my apology for the late response on this rezoning request. In reviewing Mr. King's request our response is the same as for all the prior requests for subdivisions in the Kaloko Mauka area. The intersection at Kaloko and Hawaii Belt Road is substandard and should be improved to include both turning, acceleration and deceleration lanes. Should you have any questions, please do not hesitate to contact Captain John Dawrs of our Kona Station at 326-4211. <r,: _ _ _ -p : : BENJAtAIN J. CAYETANO E o H` BRIAN K. MINAAI GOVERNOR ~Apr.y~~ysy''~° DIRECTOR DEPUTY DIRECTORS ~ , ~ JEAN L OSHITn, 'gypp ~ ' ~ ~ JADINE Y. URASA.KI il''r,1 ~ ' °z ~+,4 ,r: v i`'~ ff.0 STATE OF ~iAWAII IN REPLY REFER TO: DEPAP~TMEIVT OF TI2AIVSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-5097 a~AY 1 6 2002 2.5986 Mr. Christopher J. Yuen Director Cotmty of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 02-002) Applicants: Roy E. King Request: Agriculture (A-20a) to Family Agriculture (FA-3a) TMK: 7-3-021: 11, Kaloko Mauka Subdivision Thank you for your transmittal requesting our review of the zone change application. We have the following comments: 1. Although we have no objections to the proposed subdivision, we are very concerned about the recent proposed land use changes in the Kaloko Mauka area and their cumulative impact on the intersection of Mamalahoa Highway with Kaloko Drive. 2. The Mamalahoa Highway/Kaloko Drive intersection must be improved due to the cumuiative impact of these land use changes. Some of the intersection improvements needed are: a. Sight distance requirements, according to current State Highway Design Standards, must be complied with. b. The intersection must be illuminated at night. c. The various turning movements at the intersection must be channelized. 3. All improvements must be made at no cost to the State and all plans for improvements within the State highway right-of--way must be submitted for our review and approval. Fc'+. , Mr. Christopher J. Yuen HWY-PS 2.5986 Page 2 4. If the County plans to continue to allow further developments in Kaloko Mauka, the County must seek funding to improve this intersection. If you have any questions regarding these comments, please contact Ronald Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, BRIAN K. MINAAI Director of Transportation ~~i~1(~~^,~;~6 1-'~?n'i;,;r r";nr1~i?~t~t}f 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning • Subdivision • Land Use Permits Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Environmental Reports r: April 26, 2002 ~ . Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 02-002) -Roy E. King, Jr. Et AI. Kaloko Mauka Subdivision, ICI®rth Kona,1H[I, TICK: 7-3-24: 11 This is in response to the Department of Water Supply's comments, dated April 23, 2002, regarding the subject matter. The applicant intends to comply with the requirements of the Department of Water Supply relative to service laterals and the like. The appropriate facilities charge will also be paid prior to receipt of final subdivision approval. The extension of the existing water commitments will also be paid prior to its due date of June 30, 2002. Should you have further questions or comments on this matter, please feel free co to contact me. Thank you very much. cerely, ~ F r~~.~"~ ~V SIDNEY M. FUKE Planning Consultant Copy - D WS Mr. Roy E. King, Jr. ~ r i ~Z ~iCltl~~/~'ilk~. Pi;lri,inr, t,~~n~~ta!t~rtt . 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits • Environmental Reports June 10, 2002 ~ ~ Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street, Hilo, FII 96720 Dear Mr. Yuen: Subject: Rez®ning Request (REZ 02-002) -Roy E. Kiaag, Jr. et al. 'I'IArIK: 7-3-024: 11 Thank you for providing me with a copy of the comments from the State Department of Transportation and County Police Department on this matter. The improvements to the Kaloko Drive/Mamalahoa Highway intersection will require a collaborative effort on all parties -the State, County, and affected property owners/residents within the Kaloko Mauka Subdivision. In that regard, the applicant is willing to be a willing participant by paying its fair share to accelerate improvements to the Kaloko Drive/Mamalahoa Highway intersection. While other rezoning requests have been approved with a "fair share" formula, the assessment does not occur until final subdivision approval is secured. That could take some time. As such, the applicant is willing to provide its fair share immediately by entering into a contract with an engineering consultant. The consultant, to be monitored by the County and/or State, would be responsible for preparing a conceptual design of improvements to this intersection, taking into account funds that are already available and/or shortly forthcoming for this intersection. While the level of improvements -due to funding limitation -may not achieve the optimum desirable level, they should, nonetheless, be an improvement over present conditions. Should you have further questions on this matter, please feel free to contact me. Thank you very much. S cer ly, SII~NEY M. FUKE Planning Consultant Copy - Mr. Brian Minaai, State DOT Mr. Thomas J. Hickcox, Assistant Police Chief Mr. Roy E. King, Jr. w/ enclosure . _ _