HomeMy WebLinkAboutCOM 0437.000 2002-2004Harry Kim
Mayor
COUNTY OF HAWAII
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808)961-8211 *,nxPEg9j95531'
KONA: 75-5706 Kuakini Highway Suite 103 • Kailua-Kona, Hawai 6 40
Dixie Kaetsu
Managing Director
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(808)329-5226 a Fax(808)326-5663 It
December 3, 2003 C CIU
'
COUNI
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:
State Land Use Boundary Amendment Application (SLU 03-008)
Request: Agricultural to Rural
Change of Zone Application (REZ 03-020)
Request: A -5a to RA -2a
Applicant: Andrew J. Frogley
Tax Map Key: 6-2-11:34
Change of Zone Application (REZ 03-019)
Applicant: Taylor M. Easley
Request: Agricultural (A -20a) to Agricultural (A -10a)
Tax Map Key: 7-3-26:16
Change of Zone Application (REZ 03-017)
Applicant: Eugene H. Clapp
Request: A -20a to A-l0a
Tax Map Key: 7-3-27:10
State Land Use District Boundary Amendment Application (SLU 03-007)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-019)
Request: A -5a to RS -10
Applicant: Nani Kona Aina, LLC
Tax Map Key 7-5-1066
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.
7;N)
Harry Kim
Mayor
Enclosures
cc: Planning Department
Bi 11 1`77
Comm. No. L437
Ref. To: Cr
Ref. Date 11C 17 9(103_
Harry Kim
Mayor
December 3, 2003
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(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 03-017)
Applicant: Eugene H. Clapp
Request: Agricultural (A -20a) to Agricultural (A -10a)
Tax Map Key: 7-3-27:10
The Planning Commission, after a duly held public hearing on November 7, 2003, voted to
recommend for your approval the proposed legislative bill to change the district classification for
approximately 31.095 acres of land from the Agricultural 20 -acre (A -20a) to the Agricultural
(A -10a) district. The property is located along the northern corner of the Kaloko Drive-Kapehe
Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a Change of Zone from Agricultural (A -20a) to
Agricultural (A -10a) for approximately 31.1 acres of land to subdivide the property into
two lots approximately 15 acres in size. The lots are intended to be used as
residential/agricultural lots. The applicant intends to construct a dwelling on one of the
proposed lots. The estimated cost of the dwelling is approximately $300,000.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural (A -20a) to the Agricultural
(A -10a) zoned district will conform to the goals, policies and standards of the General
Plan Economic, Land Use and Agricultural Elements. The Land Use Pattern Allocation
Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic urban and non -urban form for areas within
the County. The subject area is designated Orchards and Extensive Agriculture.
Orchards are agricultural lands which though rocky in character and content support
productive macadamia nuts, papaya, citrus, and other similar agricultural products.
Extensive Agricultural includes pasturage and range lands. Soils within the property are
identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin,
extremely stony organic soils over fragmental A'a lava and used primarily for woodland
and pasture. The Land Study Bureau's Detailed Land Classification System identifies
soils on the property as "E" or "Very Poor" for agricultural productivity. The ALISH
System classifies soils within the subject property as Other Important Agricultural
Lands", which include lands other than Prime or Unique Agricultural Land that is also of
statewide or local importance for agricultural use. The Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area
determined to be outside of the 500 -year flood plain.
The property is located at the intersection of Kapehe Street and Kaloko Drive at
approximately the 4,100 -foot elevation. Surrounding properties are zoned A -10a and
A -20a. There are some small pasture and nursery areas within the subdivision. The
forest lands of Makaula-Goma abut the subdivision to the north at approximately the
2,100 to 3,500 -foot elevation. Bishop Estate lands of Kaupulehu abut the property to the
north at the 3,500 to 5,400 -foot elevation. These lands are currently used by Hualalai
Ranch. The Palani Ranch abuts the property along its southern boundary. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the property.
Immediate properties to the east, or mauka within the subdivision (TMK: 7-3-27: 11 and
24) are zoned A -10a (REZ 838, Leonard J. Mascari). There are eight parcels zoned
A -10a and one parcel zoned A -7a in the mauka portion of the subdivision below the
elevation of the subject property.
The proposed accesses to the subject property are from Kaloko Drive and Kapehe
Street, both 22 -foot wide paved roadways with 8 -foot grass shoulders within 80 -foot
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
right-of-ways. Kaloko Drive intersects with the Mamalahoa Highway approximately
three miles below the subject property. The Department of Transportation, Department
of Public Works, and the applicant have all acknowledged the need for improvements to
the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are
essential since similar changes of zone may occur throughout the Kaloko Mauka
Subdivision and the creation of additional home sites would place an increased burden on
traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T"
configuration without channelization improvements. The Department of Transportation
has stated their concerns regarding the cumulative impact on the intersection of the
Mamalahoa Highway and Kaloko Drive, and recommends that 1) the sight distance at the
intersection be improved; 2) the intersection be illuminated at night; 3) the various
turning movements at the intersection be channelized; and 4) all improvements be made
at no cost to the State and all plans for improvements within the State highway right-of-
way be submitted for their review and approval. The Department of Transportation
further recommends that, should the County continue to further allow development in
Kaloko Mauka, the County must seek funding to improve this intersection. The
Department of Public Works recommends that 1) vehicular access to Kaloko Drive be
limited to one driveway approach serving only one of the proposed lots; and 2) should
fair share contributions be assessed for roads and traffic, the contributions should be
dedicated to improving the impacted facilities. The Department of Public Works has
stated that an account for improvement of the Mamalahoa Highway-Kaloko Drive
intersection has been the recipient of such targeted contributions from previous zoning
amendments. The Planning Director is in agreement with the Department of Public
Works that vehicular access to Kaloko Drive be limited to one driveway serving one of
the proposed lots. Therefore, conditions of approval will be included to address the
Department of Transportation and Department of Public Works' concerns.
On June 19, 1996, the County Council adopted Resolution No. 330 96 relating to
the amendment of zone district boundaries within Kaloko Mauka 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 re-classified to
any zone district having a minimum lot size of less than 20 acres except where
contiguous lands held under the same or a cooperative ownership are concurrently placed
in a lower density zoned district with a net effect of maintaining or reducing overall
density levels and enhancing the integrity and value of the region's watershed and forest
systems.
On June 2, 1997 the County Council adopted Resolution No. 58 97, amending the
Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
Subdivision. The Council established that a maximum density of two dwellings per
twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000 -foot
elevation, with certain conditions, will protect the watershed and native forest and
maintain a low density pattern. The Resolution recommended that the Planning
Commission consider favorable recommendations for A -10a zoning requests for only
those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot elevation and
include the conditions as stated within Resolution No. 58 97, provided that the request
complies with the other goals, policies, and standards of the General Plan. Conditions of
approval will be included to reflect the recommendations in Resolution No. 58 197.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultural activities or the
presentation of the lands within the proposed subdivision in a manner consistent with the
Orchard designation by the General Plan LUPAG Map and Other Important Agricultural
Land designation by the ALISH system. The requested A -I Oa zoning is consistent with
the recommendation of the Kona Regional Plan. The proposed subdivision would be
compatible with the rural character of lands located within the upper elevations of Kaloko
Mauka Subdivision zoned A -20a and A -10a. The applicant has agreed to impose
covenants restricting the construction of second dwelling units on each subdivided lot.
The approximately 15 -acre lot sizes will also provide additional opportunities for
residents who wish to pursue limited agricultural activities, but are not able to commit to
the financial or labor demands placed on them by the larger 20 -acre parcels.
According to the applicant, the site is presently heavily forested with native trees
and shrubs such as ohia, tree fern, other native trees and shrubs, and non native
vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and
other forest birds. Vegetative cover is a mixture of native and non-native species. The
proposed development has the potential to alter the mixture of plant life, however, the
low density of the proposed development and conditions applied to previous rezoning
will assure the continuation of habitat for existing wildlife.
The 'Alala Recovery 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 through 13 of Kaloko Mauka Subdivision, be designated as essential habitat for
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
the 'Alala. The subject property is located within Block 9. 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.
As part of the Office of State Planning's five-year State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog -drip area mauka of the 2,000 -foot elevation be redesignated into the
Conservation District for protection as a watershed recharge area. The Kona Watershed,
which provides for the recharge of aquifers which supplies most of Kona's drinking
water, includes those lands located within the Kaloko Mauka Subdivision and situated
above the 1,900 foot elevation, which includes the subject property. The subject
property, located at the 4,100 -foot elevation, does not seriously compromise the
recommendations of these studies beyond existing conditions. The property is located
above the elevation recommended for preservation as a habitat for the 'Alala but within
Block 9. The property is also located above the approximately 2,000 -foot minimum
elevation recommended by the Office of State Planning and the Water Resources
Research Center for protection as a watershed area. Approval of the requested change of
zone will not alter the existing land use conditions within Kaloko Mauka Subdivision.
Uses permitted within the Agricultural District will allow for a variety of agricultural
activities to be conducted on the property.
There have been several archaeological studies conducted in the area. An
archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of
an agricultural field system up to the 3,500 -foot elevation at certain locations. According
to the applicant, there is no record of historic sites on the property in either the National
or State Registers. By letter dated August 13, 2003, the State Department of Land and
Natural Resources Historic Preservation Division has indicated that "we believe there are
no historic properties present because there is very little evidence of historic properties at
this elevation and the likelihood of disturbance is minimal. Thus, we believe that no
historic properties will be affected by this undertaking."
It is recommended that an archaeological study of the subject property be
submitted for review and approval by the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD) prior to the submittal of plans for
subdivision review or any land alteration activities. Should significant historical sites be
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
located within the subject property, an archaeological preservation/mitigation plan shall
be submitted for review and approval by DLNR-HPD prior to the issuance of Final
Subdivision Approval or any land alteration activities.
In addressing potential adverse visual impacts the clearing of the subject property
for individual home sites and agricultural uses may have on the existing upland forest
character within the subject area, the applicant has proposed the following:
• a 60 -foot wide "forest reserve easement" for buffer purposes along the existing
roadway;
• a 30 -foot "forest reserve easement" along all lot lines as a buffer between
parcels;
• a 60 -foot wide structural setback along the existing roadways;
• at least 80% of the lot area to be retained in forest;
• a restriction against a second dwelling on each lot;
• a conservation plan to be prepared for each of the subdivided lots;
• a "fair share" contribution to mitigate any potential impacts;
However, while the applicant is requesting the 60 -foot wide "forest reserve
easement" along the existing roadway frontage and 60 -foot wide structural setback along
the street frontage, the Planning Director recommends a 100 -foot "forest reserve
easement" along the existing roadway frontage and 100 -foot wide structural setback along
the property's street frontage to be consistent with similar adopted rezonings in the area,
and to reflect the recommendations as stated in Resolution No. 58 97. Conditions will be
included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located approximately seven miles mauka of the shoreline
and therefore will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the properties and
there is no evidence of any traditional and customary Native Hawaiian rights being
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area:
Investigation of valued resources - no formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing archaeological studies conducted of the immediate
area.
As stated by the applicant and supported by the State Department of Land and
Natural Resources Historic Preservation Division, "there is very little evidence of
historic properties at this elevation; thus, the likelihood of valuable cultural,
historical, and natural resources in the rezoning area appears remote." There is no
evidence that the flora in the area are particularly desired or used for cultural
practices.
Possible adverse effect or impairment of valued resources - native plants may be
destroyed by construction or ground alteration. However, as stated by the State
Department of Land and Natural Resources Historic Preservation Division, it
appears unlikely that any valued resources may be affected due to the location of
the property at this elevation.
Feasible actions to protect native Hawaiian rights - as stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
According to the Department of Water Supply, water for the proposed subdivision
development is available from an existing 4 -inch waterline on Kapehe Street fronting the
subject property. Wastewater generated by the proposed development will be disposed of
by individual wastewater disposal systems for each lot, meeting the requirements of the
Department of Health. All other essential utilities and services are or will be made
available to the site.
Based on the above findings, approval of the Change of Zone request from
Agricultural (A -20a) to the Agricultural (A -10a) zoned district would result in an
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona
District Zone Map), of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
4Y17
Fred Galdones, Chairman
Planning Commission
LclappQpc
Enclosures
cc: Mr. Gregory R. Mooers
Mr. Eugene H. Clapp
Department of Public Works
Department of Water Supply
Planning Department - Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
Agenda Item #3
Eugene H. Clapp
Change of Zone Application (REZ 03-017)
Amendment to Condition E
Proposed addition is underscored:
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition D, no less than
eighty percent (80%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
BCl appREZ. doc-10/ 16/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
EUGENE H. CLAPP
CHANGE OF ZONE APPLICATION (REZ 03-017)
EUGENE H. CLAPP has submitted an application for a Change of Zone from
Agricultural (A -20a) to Agricultural (A -10a) for approximately 31.095 acres of land. The
property is located along the northern corner of the Kaloko Drive - Kapehe Street intersection,
Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-27: 10.
APPLICANT'S REQUEST
Request: The applicant is requesting a Change of Zone from Agricultural (A -20a) to
Agricultural (A-lOa) to subdivide the properties into two lots approximately 15 acres in
size. The lots are intended to be used as residential/agricultural lots. The applicant
intends to construct a dwelling on one of the proposed lots. The estimated cost of the
dwelling is approximately $300,000. (See Exhibit A - Change of Zone Application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP Consistency: Economic, Agricultural, and Land Use Elements.
4. GP LUPAG Map: Orchards and Extensive Agricultural.
5. County Zoning: Agricultural (A -20a).
6. Kona Regional Plan: Agricultural.
7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the coastal zone management
area with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
economic uses, coastal hazards, managing development, public participation, and beach
protection. The property is located approximately seven (7) miles mauka of the shoreline
at the 4,100 -foot elevation level and therefore, will not be impacted by coastal hazard and
beach erosion.
8. Special Management Area (SMA): The Special Management Area is a part of the
C- 437 (6i l/ 177) PC
Coastal Zone Management Program and regulated by the County. The properties are not
located within the Special Management Area. According to the applicant, there are no
identified recreational resources, historic resources, public access to the shoreline or
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the area.
9. County Council Resolution No. 330 96: On June 19, 1996, the County Council adopted
Resolution No. 330 96 relating to the amendment of zone district boundaries within
Kaloko Mauka 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 re-classified to any zone district having a minimum lot size of less than 20
acres except where contiguous lands held under the same or a cooperative ownership are
concurrently placed in a lower density zoned district with a net effect of maintaining or
reducing overall density levels and enhancing the integrity and value of the region's
watershed and forest systems.
10. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted
Resolution No. 58 97, amending the Council's policy relating to the rezoning of district
boundaries within Kaloko Mauka Subdivision. The Council established that a maximum
density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision
above the 3,000 -foot elevation, with certain conditions, will protect the watershed and
native forest and maintain a low density pattern. The Resolution recommended that the
Planning Commission consider favorable recommendations for A-l0a zoning requests for
only those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot elevation
and include the conditions as stated within Resolution No. 58 97, provided that the
request complies with the other goals, policies, and standards of the General Plan. (See
Exhibit A included within the application)
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
11. Subject Property: The property is a vacant, approximately 31.1 -acre parcel located on
the northwest comer of the intersection of Kapehe Street and Kaloko Drive at
approximately the 4,100 -foot elevation within the Kaloko Mauka Subdivision. The
property is heavily forested with slopes of 6-20 percent.
-2-
12. Surrounding Zoning/Land Uses: Properties immediately surrounding the subject
parcel are zoned A -20a and are in low-density residential uses surrounded by forest land.
There are some small pasture and nursery areas within the subdivision. The forest lands
of Makaula-Goma abut the subdivision to the north from the 2,100 to 3,500 -foot
elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to
5,400 -foot elevation. These lands are currently used by Hualalai Ranch. The Palani
Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve
abuts the eastern or mauka boundary of the property. Immediate properties to the east, or
mauka within the subdivision (TMK: 7-3-27: 11 and 24) are zoned A -10a (REZ 838,
Leonard J. Mascari). There are eight parcels zoned A -I Oa and one parcel zoned A -7a in
the mauka portion of the subdivision below the elevation of the subject property.
13. ALISH: Other Important Agricultural Lands (land other than Prime or Unique
Agricultural Land that is also of statewide or local importance for agricultural use).
14. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor".
15. U.S. Soil Survey: rKXD, Kiloa Extremely stony muck. This soil consists of well
drained, thin, extremely stony organic soils over fragmental A'a lava and is used
primarily for woodland and pasture.
16. FIRM: Zone "X", area determined to be outside the 500 -year flood plain.
17. Flora/Fauna Resources: According to the applicant, the site is presently heavily
forested with native trees and shrubs such as ohia, tree fem, other native trees and shrubs,
and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese
pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native
species. The proposed development has the potential to alter the mixture of plant life,
however, the low density of the proposed development and conditions applied to previous
rezoning will assure the continuation of habitat for existing wildlife.
18. 'Alala Recovery Plan: The'Alala Recovery 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
-3-
center of concentration for breeding'Alala. The Plan recommends that portion of the
lands of Kaloko above approximately the 3,200 to 3,400 -foot elevation, including all
parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an
essential habitat for the 'Alala. The subject property is located within Block 9. Once
such a habitat is established, 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.
19. Archaeological/Historical Resources: The subject parcel is located at the 4,100 -foot
elevation within the boundaries of a precontact age upland agricultural system that was
the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue
Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park
Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified
remains of an agricultural field system up to the 3,500 -foot elevation at certain locations.
By letter dated August 13, 2003, the State Department of Land and Natural Resources
Historic Preservation Division has indicated that "we believe there are no historic
properties present because there is very little evidence of historic properties at this
elevation and the likelihood of disturbance is minimal. Thus, we believe that no historic
properties will be affected by this undertaking."
20. Cultural Resources: According to the applicant, no valued cultural, historical or natural
resources exist on the properties and there is no evidence of any traditional and
customary Native Hawaiian rights being practiced on the site.
Investigation of valued resources - no formal archaeological reconnaissance survey,
oral history of kamaaina accounts of the area, historical survey of documentary
records, or botanical study was included in the application.
• As stated by the applicant and supported by the State Department of Land and Natural
Resources Historic Preservation Division, "there is very little evidence of historic
properties at this elevation"; thus, the likelihood of valuable cultural, historical, and
natural resources in the rezoning area appears remote. There is no evidence that the
flora in the area are particularly desired or used for cultural practices.
-4-
• Possible adverse effect or impairment of valued resources - native plants may be
destroyed by construction or ground alteration. However, as stated by the State
Department of Land and Natural Resources Historic Preservation Division, it appears
unlikely that any valued resources may be affected due to the location of the property
at this elevation.
• Feasible actions to protect native Hawaiian rights - as stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these rights.
21. Public Access: There is no record of a designated public access that traverses the
property.
22. Traffic: According to the applicant, traffic generated from the proposed subdivision is
expected to be minimal.
PUBLIC UTILITIES AND SERVICES
23. Access: Access to the subject property is proposed from Kaloko Drive and Kapehe
Street, both 22 -foot wide paved roadways with 8 -foot grass shoulders within 80 -foot
right-of-ways. Kaloko Drive intersects with the Mamalahoa Highway approximately
three miles below the subject property. The Department of Public Works has
recommended that vehicular access to Kaloko Drive be limited to one driveway approach
serving only one of the proposed lots.
24. Water: According to the applicant, water can be made available from an existing 8 -inch
waterline on Kaloko Drive. The applicant also states that the Department of Water
Supply considers the Kaloko Mauka Water System a separate system from other systems
in Kona. The system consists of transmission and distribution lines, pump stations, and
seven reservoirs which extend to the 5,106 -foot elevation. The reservoirs have a capacity
of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka
Subdivision. The Department of Water Supply has stated that water can be made
available from a 4 -inch waterline in Kapehe Street fronting the subject property.
25. Wastewater: The applicants propose to use individual wastewater systems meeting the
standards and requirements of the State Department of Health.
26. Essential Utilities and Services: Utilities are available to the site from poles along
-5-
Kaloko Drive. The area is served by police and fire stations in Kailua and Kealakehe,
approximately five miles southwest of the site. Kealakehe Elementary, Intermediate and
High Schools are located approximately four miles north of the property.
AGENCIES' COMMENTS
27. Department of Land and Natural Resources Historic Preservation Division (August
13, 2003 Letter):
"We believe there are no historic properties present because there is very little evidence
of historic properties at this elevation and the likelihood of disturbance is minimal. Thus,
we believe that "no historic properties will be affected by this undertaking."
28. Department of Land and Natural Resources Historic Preservation Division,
Engineering Division (September 4, 2003 Memo):
"We confirm the project site is located in Zone X."
29. Department of Health (August 5, 2003 Memo):
"The Health Department found no environmental health concerns with regulatory
implications in the submittals."
30. Department of Public Works: (See Exhibit B - August 6, 2003 and August 25, 2003
Memos and Applicant's Response Letter dated August 23, 2003)
31. Department of Water Supply: (See Exhibit C - August 27, 2003 Memo)
32. Department of Transportation: (See Exhibit D - September 25, 2003 Memo and
Applicant's Response Letter dated October 5, 2003)
AGENCIES - NO COMMENTS
33. Department of Environmental Management, Police Department, Fire Department, Real
Property Tax Office
AGENCIES - NO RESPONSES
34. Department of Agriculture, Natural Resources Conservation Service
PUBLIC COMMENTS
35. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject application.
0
MOOERS ENTERPRISES, LLC
P.O. Box 1 101
KAmuELA, HAWAII 96743
APPLICATION FOR CHANGE OF ZONE
Agricultural 20 -acres (A -20a) to Agricultural 10 -acres (A -10a)
APPLICANT: Eugene H. Clapp
TAX MAP KEY: (3) 7-3-027:010
Kaloko Mauka Subdivision
Kaloko, North Kona, Island of Hawaii, Hawaii
Submitted by:
Mooers Enterprises, LLC
July 15, 2003
EXHIBIT
PHONE: (808) 885-6839 A
FAx: (608) 885-157 4
EMAIL: GMOOERSQHAWAII.RR.COM
0
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAIIi'jL 1
PLANNING DEPARTMEI� 1"
(Type or legibly print the requested inforrp)atigq)
APPLICANT: Eugene H.
R. 0 34
APPLICANT'S SIGNATURE:, DATE:�.i - 03— 03
ADDRESS: Pine Tree Land Comnan --
c/o Penobscot Investment Managment
50 Congress Street Suite 410
Boston, MA 02109
LIST APPLICANT'S INTEREST IF NOT OWNER: President Pine Tree Land Company
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (617) 227-3111
LANDOWNER(S): Pine Tree Land CorflN
LANDOWNER SIGNATURE(S):
LANDOWNER(S) ADDRESS: Same as
(Res.) (Fax) (617)227-7467
gene H. Claoo President
(May be by letter)
DATE: -),')-03
REQUEST: Agricultural 20 -acres (A -20a) TO Agricultural 10 -acres (A -10a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7-3-27:10
STREET ADDRESS OF PROPERTY: 73-2425 Kaloko Drive, North Kona
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 31.095 acres
AGENT: Gregory R Mooers
ADDRESS: Mooers Enternrise L1 C
0
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 885-6839 (Res.) 885-7126
(Fax) 885-1574
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Gregory R. Mooers COPIES: Eugene H. Clapp
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I. If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone?
Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide?
31.095
b. Into what lot sizes?
IO+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?
6 months
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?
1
r At what approximate price range? House
$300,000
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy?
One year
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
1 form.
Attached
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans?
b. Sell or lease the land to someone who has tentative plans?
C, Sell or lease the land to someone who has no plans?
d. Keep it?
e. Other (please state)
P. D. 2 5/84
I
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?
The proposed action will create one additional agricultural/residential lot in this highly desirable area.
4. Are there any buildings on the subject area?
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
M�
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? Yes
1 If so, did your plan include the following considerations? _
a. Commodity to be produced? Forest
What kinds of commodity?
b. Suitability of the proposed lot -size for that commodity?
C. Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
J
d. Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone. Forest
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
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. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools
b. Roads
C . Sewer
d. Drainage
-3-
X
01
X
L
E, Police Protection
t. Fire Protection
q Recreational Facilities
h. Public Utilities
I . Other
Yes
X
No
X
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
The intersection of Kaloko Drive and Mamalahoa Highway needs to be improved, This has been established
during previous change of zone applications in the Kaloko Mauka Subdivision. The applicant understands
that he will be required to contribute an impact related fee for his fair share toward the cost of improving this
intersection.
Signature
Address:
Telephone:
Date:
+Cgre,,eet, Suite 410, Boston MA 02109
-9-
2003
TABLE OF CONTENTS
Page
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIRE
TABLE OF CONTENTS
A. SUBJECT REQUEST
1. Details of Proposed Uses/Development.................................. 1
B. CONFORMANCE WITH STATE AND COUNTY PLANS
D. PUBLIC FACILITIES AND SERVICES
Access.................................................................................. 11
i
2. State Land Use Designation ..................................................
3
3. Applicable Goals/Policies and Objectives of the General Plan........
3
4. General Plan Designation...................................................
6
5. County Zoning Code .........................................................
6
j
6. Community Development Plan ...............................................
6
7. Special Management Area ...................................................
6
8. Chapter 205A: Coastal Zone Management Act ...........................
6
9. Mountain Access...............................................................
6
t
C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting ........................
7
Historic Resources................................................................
8
Natural Resources (Flora -Fauna) ...............................................
9
®
®
Cultural Resources..................................................................
9
Social -Economic Characteristics................................................
10
Surrounding Lands..................................................................
11
D. PUBLIC FACILITIES AND SERVICES
Access.................................................................................. 11
i
WaterService..................................................................... 12
Wastewater Disposal.............................................................. 12
SolidWaste.........................................................:................ 12
Police and Fire Services.......................................................... 12
Schools.............................................................................. 12
Parks................................................................................. 12
OtherUtilities...................................................................... 13
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity: ............................. 13
2. Mitigative measures proposed to avoid, minimize, rectify or reduce
impact: ........................................................................... 13
3. Alternatives to the proposed development: .................................. 14
4. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented: ............................ 14
F. PROPOSED FINDINGS......................................................... 14
G. EXHIBITS
A. Resolution No. 58 97
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
I
ii
COUNTY BACKGROUND AND ENVIRONMENTAL REPORT
APPLICATION FOR CHANGE OF ZONE
Agricultural 20 -acres (A -20a) to Agricultural 10 -acres (A -10a)
APPLICANT: Eugene H. Clapp
TAX MAP KEY: (3) 7-3-27:10
Kaloko, North Kona, Island of Hawaii, Hawaii
A. SUBJECT REQUEST
1. Details of Proposed Use/Development:
a. Project Description: The subject property is a 31.1 acre parcel located
on the northwest corner of the intersection of Kapehe Street and
Kaloko Drive at approximately the 2500 feet elevation. It is identified
as Lot 9-A, Block 9, Increment 2 (File Plan 1010), being a portion of
R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko,
North Kona, Island and County of Hawaii, State of Hawaii. The
property is heavily forested with slopes of 6-20%.The mean annual
rainfall according to USGS Report R-47 is approximately 70 inches.
b. Statement of objectives and reasons for the request: The owner
proposes to subdivide the existing lot into two lots approximately 15+
acres. These lots are intended to be used as residential/agricultural
lots.
c. Number of acres: 31.1 acres are covered by this request.
d. Proposed units lots/floor area ofproposed building envelope: The
applicants propose to subdivide the existing lot into two 15+ acre
parcels. It is proposed that the lots will have similar conditions as
those placed on other rezoned lots in the Kaloko Mauka subdivision.
The conditions have included 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; a 30 -foot "forest reserve easement" along all lot lines not
covered by the 60 -foot easement; and a 60 -foot wide structural setback
in lieu of the required 30 -foot setback along the property's public street
frontage to provide an additional buffer. Restrictive covenant(s) in the
deeds of all the proposed agricultural lots fronting existing roads shall
specify and uphold the easements and setbacks. The restrictive
covenant(s) shall also specify that, including the area comprising the
forest reserve easements described, no less than eighty percent (50%)
of the entire lot area shall be retained in forest. A copy of the proposed
covenant(s) to be recited in an instrument executed by the applicants
and the County and recorded with the Bureau of Conveyances approval
to the issuance of Final Subdivision Approval.
e. Timeframe and cost: The application for the subdivision will be filed
immediately after the change of zone is completed. The estimated cost
of the houses is approximately $300,000 each
f Parking arrangement. Parking for the lots created will be
accommodated on each site as required by the Zoning Code. It is
anticipated that there will be one residential unit on each lot.
g. Traffic Impacts: The applicants believe that the traffic generated by
the proposed lot subdivision will be minimal. The subdivision of this
property into two lots will add one additional lot to the subdivision.
h. Proposed on-site and off-site infrastructure: The intersection of
Kaloko Drive and Mamalahoa Highway is in need of improvement.
The applicants understand that all recent re -zonings in the Kaloko
Mauka area have been conditioned to require the applicants to
participate in the improvement of this intersection. The applicants
stipulate to this fact and will also participate in the improvements.
B. CONFORMANCE WITH STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural
3. Applicable goals/policies and objectives of the General Plan: The proposed
amendments to the zoning ordinance comply with the following goals,
policies and objectives of the Economic Element of the General Plan.
ECONOMIC
{ GOALS
o Provide residents with opportunities to improve their quality of life.
o Economic development and improvement shall be in balance with the
E
physical and social environments of the island of Hawaii.
o The County of Hawaii shall strive for diversity and stability in its
economic system.
o The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with
the County's natural and social environment.
POLICIES
o The County of Hawaii shall assist the expansion of the agricultural
industry, especially diversifted agriculture, through the protection of
important agricultural lands, capital improvements and other programs,
and continued cooperation with appropriate State and Federal agencies.
3
o The County of Hawaii shall strive for an economic climate which provides
its residents an opportunityfor choice of occupation.
o The County of Hawaii's land, water, air, sea, and people shall be
considered as essential economic resources for present and future
generations and should be protected and enhanced through the use of
economic incentives.
o The County shall identify and encourage primary industries that are
consistent with the social, physical, and economic goals of the residents of
the County.
The proposed amendments to the zoning ordinance comply with the following
goals, policies and objectives of the Land Use Element of the General Plan.
LAND USE
Through the careful analysis and examination of past and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents.
GOALS
o Designate and allocate land uses in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County.
o Protect and encourage the intensive utilization of the County's important
agricultural lands.
POLICIES
o Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
o The county shall encourage the development and maintenance of
0
communities meeting the needs of its residents in balance with the
physical and social environment.
STANDARDS
o Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability ofpublic services and
utilities, access, and public need.
(1) AGRICULTURE
The following goals and policies are intended to address some of the land
related problems of agriculture and are to be consistent with and supportive of
the overall land use element.
GOALS
, A 0 Identify, protect and maintain important agricultural lands on the
island of Hawaii.
POLICIES
o Zoning shall protect and maintain important agricultural lands
from urban encroachment. New approaches to preserve important
agricultural land shall be implemented by the County.
o The County shall assist in the development of basic resources such
as water, roads, transportation and distribution facilities for the
agricultural industry.
o The County shall coordinate and encourage efforts to solve the
problems of the agricultural industry in the County of Hawaii.
o Rural -style residential -agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations.
5
o The County shall develop subdivision standards which make a
distinction between agricultural and urban land uses.
4. General Plan Designation: Orchards - "Those agricultural lands which
though rocky in character and content support productive macadamia nuts,
papaya, citrus and other similar agricultural products."
5. Zoning: Agricultural 20 -acre (A -20a). The Purpose of this application is to
change the zoning to Agricultural- l0acre (A -10a). This request is consistent
with Hawaii County Council Resolution No. 58 97. (See Exhibit A.)
6. Community Development Plan: This area is not covered by the Kona
Regional Plan.
7. Special Management Area: The property is not located within the County of
J Hawaii's Special Management Area.
8. Chapter 205A: Coastal Zone Management Act: The subject property is
located approximately 7 miles from the shoreline surrounded by a regional
roadway system and residential subdivisions. The proposed use of the subject
property will not negatively impact the recreational resources, visual resources
to or from the shoreline, including access to and along the shoreline or coastal
ecosystem. Therefore no scenic or open space resources to the shoreline
coastal view plane or coastal ecosystem will be negatively impacted by the
proposed action.
9. Mountain Access: The subject property is surrounded by the regional
roadway system. The property is not used for access to the mountains of any
mountain feature; therefore no public access to these areas will be impacted by
the proposed action.
1,
C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF
THE PROPERTY AND SURROUNDING AREA
Physical Characteristics/Environmental Setting:
10. Description of subject property: The subject property is a 31.1 acre parcel
located on the northwest corner of the intersection of Kapehe Street and
Kaloko Drive at approximately the 2500 elevation. It is identified as Lot 9-A,
Block 9, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw.
7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County
of Hawaii, State of Hawaii. The property is heavily forested with slopes of
between 6 and 20%.The mean annual rainfall according to USGS Report R-47
is approximately 70 inches. The soil is Class "E" (poor) and too rocky for
conventional agricultural uses. There are no structures on the property.
11. Lava Hazard Zone: The United States Department of the Interior/ Geologic
Survey designates this area on a descending scale of risk 1 to 9 as Zone 4.
About 5% of this area has been covered by lava since 1800 and less than 15%
has been covered by lava in the last 750 years. "Zone 4 includes all of
Hualalai, where the frequency of eruptions is lower than on Kilauea and
Mauna Loa. Flows typically cover large areas."
12. Distance from coastline: The subject property is approximately 7 miles east
of the coastline at Puhili Point.
e
13. Agricultural Lands of Importance in the State of Hawaii (ALSIH)
designation: Soils within the subject property are classified as "Other
important Agricultural Lands" by the ALISH system.
7
14. U.S.D.A. Natural Resources Conservation Service Report soil type: The
soil survey report classifies the soils within the project site as Kona Extremely
Rocky Muck (rKYD), 6 to 20 percent slopes.
15. The Land Study Bureau soil rating: Soils within the subject property are
classified as "E270" (Very Poor) for agricultural productivity by the Land
Study Bureau. Depth -limited soil material; color -dark brown; parent material-
A'a and volcanic ash; stoniness -sharp lava clinkers; drainage -very well
drained; slope -0 to 35%; clime -humid and cloudy; mean annual rainfall -80" to
100'; elevation -2,000 to 3,500 feet; machine tillability- unsuited for machine
tilling.
16. Flood Insurance Rate Map (FIRM) designation: The subject property is
located in Zone "X", outside of the 500 -year flood plain.
17. Existing drainage ways or improvements: The property has no history of
flooding. There are no drainage improvements on the site.
18. Air/noiselwater quality: The air quality is excellent as there are no industrial
uses in the area and the normally occurring winds prevent the emissions from
the active volcano from affecting the quality of air on the subject parcel. The
area is a rural agricultural area as such there is little noise pollution. The
water to the site is provided by the Department of Water Supply and meets all
EPA guidelines.
Historic Resources:
1 19. Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: The subject parcel is located in a forested area at the 2500
foot elevation within the boundaries of a precontact age upland agricultural
system that was the subject of a reconnaissance survey and test excavations in
1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka
Subdivision. Additionally, the National Park Service published a report in
1991 entitled "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko
Ahupuaa, North Kona. This study also identified remains of an agricultural
field system up to the 3500 foot elevation at certain locations. There is no
record of historic sites on this property in either the National or State Register.
Natural Resources:
20. Existing floraUfaunal resources: The site is presently heavily forested with
native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife seen at the property consists of turkeys,
hawks, Chinese pheasants, and other forest birds. Vegetative cover is a
mixture of native and non-native. The proposed development has the
potential to alter the mixture of plant life, however the low density of
development and previously applied zoning conditions will assure
continuation of habitat for existing wildlife. 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 portions of the lands of Kaloko above the 3,200 feet
elevation be designated as essential habitat for the Alala. The subject property
is well below this habitat elevation identified as essential.
21. Cultural Resources: No valued cultural, historical or natural resources exist
of the subject property and no gathering is taking place. To the extent to
which traditional and customary native Hawaiian rights are exercised, the
proposed actions will not affect traditional Hawaiian rights, therefore no
action is necessary to protect those rights.
22. Scenic or coastal resources: The property is located 7 miles east of the
shoreline and will not impact on coastal resources. As the subject parcel is
heavily forested, there are no view planes to be disturbed by the development
of the property. With the previously applied zoning conditions related to
buffers, setbacks and percentage of undeveloped land, all structures will be
well buffered from neighboring properties and the roadway.
Social -Economic Characteristics:
23. Social settlement pattern for the area: The population of Kona has grown
steadily since 1965 as a result of the expanding visitor industry in West
Hawaii, which has a large and growing share of the visitors to the island and
consequently the de facto population is larger than the census might indicate.
At any given time, up to one-fourth of those present in Kona are visitors. The
ethnic composition of the Kalaoa at the time of the 2000 Census was as
follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more
races: 25.3%. This distribution illustrates a multicultural community with no
distinct minority groups.
24. Economic resources of the area: Aside from a few nurseries and small scale
agricultural endeavors within the subdivision, the surrounding areas are used
for pasture lands by various ranches and much of the land in the area is left
undisturbed for forestry.
25. Land values: According to prominent Realtors in the area, the land values in
this subdivision have remained relatively stable over the past few years.
10
Surrounding lands:
26. Land use: The properties immediately surrounding the subject parcel within
the Kaloko Mauka Subdivision are low-density residential lots with minimal
clearing of the natural forest. There are some small pasture and nursery areas
within the subdivision. The State lands of Makaula Ooma abut Kaloko Mauka
on the north from 2100 to 3500 feet elevation. These lands are native forest.
The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from
3500 to 5400 feet elevation. These lands are currently being grazed by
Hualalai Ranch. The Palani Ranch lands of Honokohau abut Kaloko Mauka
on the entire southern boundary. These lands have been historically grazed,
however a 80 acre parcel is presently being used for forest products. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko
Mauka.
27. Zoning. The property in the immediate vicinity of the subject parcel is zoned
A -I Oa to the north and A -20a elsewhere. Properties within the subdivision at
lower elevations are zoned FA -3a and A -5a.
D. PUBLIC FACILITIES AND SERVICES
10. Description of access: The access to the subject property is from Kaloko
Drive and Kapehe Street, 22 foot wide paved roadways with 8 foot grass
shoulders within 80 foot right-of-ways. Kaloko Drive intersects with
Mamalahoa Highway approximately 3 miles below the subject property. The
grass shoulders have proven to be an effective method of dispersing water
runoff from the roadway and after 20 years there is no evidence of erosion or
damage to the edge of pavement.
II
11. Availability of Water: Water is available to the site from the Department of
Water Supply via an 8" line on Kaloko Drive. The Department of Water
Supply considers the Kaloko Mauka Water System a separate system from
others in Kona. The system consists of transmission and distribution lines,
pump stations, and seven reservoirs which extend to the 5,106 foot elevation.
The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for
each two acres of the Kaloko Mauka Subdivision. No water is contemplated
for landscape or agricultural uses as the annual rainfall is adequate for these
purposes.
12. Sewage disposal: The applicants propose to use individual wastewater
treatment systems meeting with the approval of the Department of Health
(DOH) for all newly created lots.
13. Solid waste: Solid waste is taken to the County's solid waste transfer station
in Kealakehe west of the project site by the individual lot owners or a private
hauling service. The applicants intend to use this existing transfer station for
both lots.
14. Police and fire protection: This area is served by police and fire stations
located approximately 5 miles to the southwest of the site in Kailua and
Kealakehe. All roadways are paved, with adequate width and are accessible
for emergency service vehicles.
15. Schools: The project site is located about four miles to the north of
IKealakehe, Elementary, Intermediate and High Schools.
16. Parks: There is a County Parks and Recreation gym and park facility at the
Old Airport Park in Kailua approximately 6 miles from the subject parcel.
12
17. Other utilities and services: There is electrical and telephone service on
poles along Kaloko Drive that presently serves the subdivision and these
services can be made available to the subject property as well.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
10. Relationship between local short term uses of environment and
maintenance and enhancement of long term productivity: In terms of the
relationship between short-term use of man's environment and the
maintenance and enhancement of long-term productivity, no short-term
exploitation of resources that would entail negative long-term consequences
has been identified for the proposed action.
11. Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
13
All construction on the site will comply with all governmental regulatory
_
controls to mitigate noise and dust during the construction period. All
structures and infrastructure improvements constructed will comply with all
federal, state and county requirements. The applicants propose that the
conditions applied to other re -zonings in this subdivision be applied in this
case as well. These include;
i
a. A 60 -foot "forest reserve easement" for buffer purposes along the
existing roadway.
i
b. A 60 -foot structural set back along the existing roadway.
c. A 30 -foot "forest reserve easement along all lot lines as a buffer
between parcels.
d. At least 50% of the lot area shall be retained in forest.
e. A restriction against a second dwelling on each lot.
f. A conservation plan shall be prepared for each of the subdivided lots.
g. A "fair share" contribution to mitigate any potential impacts will be
paid.
13
F
H
10. Alternatives to the proposed development: One alternative to the proposed
action would be to leave the entire parcel vacant and undeveloped. This
would not allow the development of agricultural lots for residential uses,
forestry and agriculture. It would also not increase the real property tax base
as the proposed action would. It would not provide protection to the native
forest affordable by the conditions cited above.
11. Irreversible and irretrievable commitments of natural resources that would
be involved ifproposed action is implemented. The construction rural -
residential units would involve the irreversible and irretrievable commitment
of negligible quantities of natural resources. The conditions proposed to be
applied to this request would help insure the protection of the forest and
natural habitat. There are presently no such restrictions on the development of
the property.
Given the conformance with all established State and County goals, policies and
plans; the physical characteristics of the site and surrounding area; the present
zoning and uses of the surrounding area; the minimal impact on public facilities
and services; the minimal impact on the environment; the applicants request a
favorable consideration of this change of zone application.
14
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COUNTY OF HAWAII
RESOLUTION NO.
(Draft 3)
STATE OF HAWAII
58 97
RELATING TO ZONINGS ABOVE THE 3,000 -FOOT ELEVATION FOR PARCELS
WITHIN THE KALOKO MAUKA SUBDIVISION
WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that
no lands above the 3,000 -foot elevation within the Kaloko Mauka Subdivision or the 2,500 -foot
elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified
to any zone district having a minimum lot size of less than twenty acres; and
WHEREAS, shortly after the adoption of Resolution No. 330.96, the Council approved
r two cbange of zone requests for A -10a lots above the 3,000 -foot elevation with more stringent
requirements to mitigate the concerns established in Resolution No. 330-96; and
WHEREAS, the Council recognizes that a low density use pattern for the mauka,
watershed lands of the island of Hawaii, in particular the Kona region, should be protected and
maintained for environmental reasons; and
a WHEREAS, the Council finds that a maximum density of two dwellings per tweny acres
for lands within the Kaloko Mauka subdivision above the 3,000 -foot elevation with the following
conditions in addition to the standard conditions of approval for similar zonings in the area, will
protect the watershed and native forest and maintain a low density pattern:
A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured
from the Planning Director within five (5) years from the effective date of this
ordinance. The applicant shall reserve the following easements and special setbacks in
perpetuity for purposes of protecting and maintaining naturally forested areas and shall
delineate such easements and setbacks on plans submitted for subdivision review:
1. A 100 -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 all lot lines not covered by the 100 -
foot easement; and
3. A 100 -foot wide structural setback in lieu of the required 30 -foot setback along
the existing property's >t,:1ic street frontage to provide an additional buffer.
B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition _. The restrictive covenants) shall also specify that, including the area
comprising the forest reserve easements described in Condition _, no less than eighty
percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the
Planning Director for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an instrument
executed by the applicant and the County and recorded with the Bureau of Conveyances
prior to the issuance of Final Subdivision Approval.
C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit
the construction of a second dwelling unit on and any further subdivision of 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 applicant and the County and recorded with
the Bureau of Conveyances prior to the issuance of Final Subdivision Approval.
D. A forest management plan for the proposed lots within the subject property shall be
prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources, the State
Deparunent of Health, the State Department of Agriculture and the U.S. Department of
Natural Resources Conservation Service. The forest management plan shall require the
following:
Include at minimum, the best forest and reforestation practices, program for
implementation and other applicable forestry management criteria, including
those of the State Department of land and Natural Resources, such as the
Forest Stewardship Program or the Soil Conservation Service Management
Program.
2. The forest management program shall include a restrictive covenant for the
proposed lots within the subject property which shall be recorded with the State
of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants
to be recorded shall be submitted to the Planning Director for review and
approval prior to the issuance of final subdivision approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the applicant
and the County and recorded with the Bureau of Conveyances prior to the
issuance of final subdivision approval.
3. If more than twenty percent (20%) of the subject property has been cleared or
grubbed prior to the submittal of U.e 'arest management plan or the recording of
the restrictive covenant(s), the refc:estation program for any cleared or grubbed
6
E
I
area(s) in excess Of the 20% within the subject properly shall be substantially
implemented prior to the issuance of final subdivision approval.
This forest management plan shall govern the proposed lots within the subject
property for a period of fifty (50) years and its termination may be considered
after the 50 -year period has elapsed by amending this ordinance requiring
County Council approval by ordinance.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Planning Commission consider favorable recommendations for A -I Oa zoning
requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot
elevation and include the aforementioned conditions with such recommendation provided that
the other goals, policies, and standards of the General Plan are met.
BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this
resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and
Virginja Goldstein, Planning Director.
Dated: Hilo, Hawaii, this _.gnt day of lune , 1997.
exT/CES
INTRODUCED
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii
1 hereby certify that the foregoing RESOLUTION was by the
. ote indicated to the rigbt bereof adopted by the COUNCIL of the
County of 8atrali as June 2, 1997
COUNTY CLERK
C&4EKm & rtwwu.%, vEFtCER
r+
RESOLUTION NO. 58 97 (DP.AFT 3:
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A
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
27
V DATE: August 25, 2003
Memora ndmu i
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chiefs
Engineering Division
SUBJECT Change of Zone Application (REZ 03-017)
Applicant: Eugene H. Clapp
Location: Kaloko, N. Kona
TMK: 3 / 7-3-27: 010
We re-evaluated the subject application for change of zone from A -20a to A -10a and
our revised comments are as follows:
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. Vehicular access to Kaloko Drive shall be limited to one driveway approach
serving only one of the proposed lots.
3. Access to a County Street including the provision of adequate sight distances,
shall comply with Chapter 22 of Hawaii County Code and the approval of DPW.
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
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
13
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
?103 o,G 8 pq 0 54
DATE: August 6, 2003
FIA'i;liP': - v EN f
Mambrundum
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief 4L --
A Engineering Division
SUBJECT Change of Zone Application (REZ 03-017)
Applicant: Eugene H. Clapp
Location: Kaloko, N. Kona
TMK: 3 / 7-3-27: 010
We reviewed the subject application for change of zone from A -20a to A-1 Oa and our
comments are as follows:
All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
Vehicular access to individual lots should not be from Kaloko Drive.
3. Access to a County Street including the provision of adequate sight distances,
shall comply with Chapter 22 of Hawaii County Code and the approval of DPW.
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
Mama lahoa-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
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
i
O6Oi4 ENTERPRISES, LLC
i- P.O. Box 1 101
"AUELA, HAWAII 96743
<5
August 23, 2003
Mr. Christopher Yuen, Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ 03-017)
Request: A -20a to A -10a
Applicant: Eugene H. Clapp
Tax Map Key: 7-3-27:10
Dear Mr. Yuen:
Your staff has faxed me comments from agencies on the application identified above and asked that I respond.
The Fire Department, Police Department, Real Property Tax Office, Department of Health and Office of
Environmental Management had no comments. The Historic Preservation Division concluded that "no historic
properties will be affected by this undertaking." These agency comments do not require a response.
Public Works:
The applicant will comply with Chapter 10, Erosion and Sediment Control, of the Hawaii County Code.
The applicant disagrees with the statement that all vehicular access should not be from Kaloko Drive. The
applicant presently has access to his property from Kaloko Drive and the additional lot could gain access from
Kapehe Street. Requiring both lots to access off of Kapehe Street would require extensive grading because of the
grade changes and this would be very disruptive to the native forest. The Council's resolution that supports
changes of zones for the Kaloko area justifies its position by including very strict forest preservation measures as
conditions of the change of zone. This proposed condition would be contrary to this resolution and inconsistent
v.ith forest prescrmation. 1 request t :at Public Works make a site visit and reevaluate their comment.
If you have any questions, or if additional information is required, please contact me at 885-6839. Thank you for
your prompt attention to this application.
Sincerely,
Grego R, ooer0�
President
GRM/jy
Copy: Public Works
PHONE: (808) 885-6839
FAx: (808) 885-1574
EMAIL: GMOOERSCaHAWAII.RR.COM
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAOA STREET, SUITE 20 • HILO,, HAWAII 9672({ P 0� p u
TELEPHONE (808) 961-8050 •�}' U(8'98;91�j?T�659 I I1
,';ENT
August 27, 2003
is
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-017)
REQUEST: A -20A TO A -10A
APPLICANT — EUGENE H. CLAPP
TAX MAP KEY 7-3-027:010
We have reviewed the proposed Change of Zone application and have the following comments.
Based on the prevailing water situation in the area, water can be made available from the 4 -inch
waterline in Kapehe Street fronting the subject property.
Pursuant to the Department's "Water Commitment Guidelines Policy," copy of which is being
forwarded to the applicant, a water commitment may be issued. Based on the one additional lot
requested in the proposed Change of Zone Application, the required water commitment deposit is
$150.00.
Remittance of $150.00 from the applicant is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions and effective
dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In
other words, unless a water commitment is officially effected, water availability is subject to change
depending on the water situation.
Upon issuance of a formal water commitment, we shall submit our comments and requirements for
tentative subdivision approval.
For the applicant's information, should the subject change of zone be approved and a subdivision
application executed, final approval will be subject to the following requirements:
Construct necessary water system improvements, which shall include, but not be limited to,
installation of service laterals that will accommodate a 5/8 -inch meter to each lot.
Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for
review and approval.
�/�� / EXHIBIT
... Water briny -1 proVre66...
Mr. Christopher J. Yuen, Planning Director
Page 2
August 27, 2003
Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, totaling $5,850.00, as calculated below. This is due and payable upon completion of the
installation of the required water system improvements and prior to final subdivision approval
being granted.
FACILITIES CHARGE
• One I" service previously paid $ 0.00
• One additional service at $5,500.00 each +5,500.00
SUBTOTAL $5,500.00
CAPITAL ASSESSMENT FEE
• One additional service in North Kona at $500.00 each $ 500.00
TOTAL (SUBJECT TO CHANGE) $6,000.00
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with the prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070.
Sincerely yours,
A �
Milton D. Pavao, P.E.
Manager
SHK:sco
copy - (w/enc.) Mr. Eugene H. Clapp
(w/o enc.) Mr. Gregory R. Mooers
LINDA LINGLE
GOVERNOR �N
fit. f�
"1- a
Ira �C " �� r� �d STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
HONOLULU, HAWAII 96813-5097
SEP 2 5 2003
.4k
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
RODNEY K. HARAGA
DIRECTOR
Deputy Director
BRUCE Y. MATSUI
IN REPLY REFER TO
HWY-PS
2.1745
Subject: Change of Zone Application (REZ 03-017), A -20a to A -1 0a, Eugene H. Clapp,
TMK: 7-3-27: 10, Kaloko-Mauka Subdivision, Kaloko, North Kona
Thank you for requesting our review of the proposed Change of Zone Application.
Although we have no objections to the proposed change in zoning, we are very concerned about
the many recent proposed land use changes in the Kaloko Mauka area and their cumulative
impact on the intersection of Mamalahoa Highway and Kaloko Drive.
The intersection must be improved due to the cumulative impact of these land use changes and
include the following:
Sight distance must be improved,
The intersection must be illuminated at night.
3. The various turning movements at the intersection must be channelized.
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.
If the County plans to continue to allow further development in Kaloko Mauka, the County must
seek funding to improve this intersection.
EXHIBIT
Mr. Christopher J. Yuen
Page 2
HWY-PS 2.1745
SSP Z 5 2003
If you have any questions, please contact Ronald F. Tsuzuki, Head Planning Engineer, Highways
Division, at 587-1830.
Very truly yours,
V�y .........J
RODNEY K. HARAGA "1iw
Director of Transportation
MOOERS ENTERPRISES, LLC
P.O. Box 1 I OI
KAmuELA, HAWAII 96743
October 5, 2003
Mr. Christopher Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
?a03 FT 7 nm 1_2 54
FM
Re: Change of Zone Application (REZ 03-017)
Request: A -20a to A -10a
Applicant: Eugene H. Clapp
Tax Map Key: 7-3-27:10
Dear Mr. Yuen:
Your staff has faxed me comments from the Department of Transportation on the application
identified above and asked that I respond.
The applicant understands that the intersection of Kaloko Drive and Mamalahoa Highway needs
to be improved. The applicant also understands that the County Council has been assessing
impact related fees for changes of zones in the Kaloko Mauka Subdivision and applying these fees
toward the improvement of this intersection. The applicant supports the Council's course of
action to remedy this situation and expects that these fees will be imposed on this change of zone
If you have any questions, or if additional information is required, please contact me at 885-6839.
Thank you for your prompt attention to this application.
Sincerely, Q
Gregory R. Mooers
President
GRM/jy
Copy: Department of Transportation
PHONE: (808) 885-6839
FAx: (808) 885-1574
EMAIL: GMOOERSOHAWAII.RR.COM
RCIappREZAm -10/16/03
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
EUGENE H. CLAPP
CHANGE OF ZONE APPLICATION (REZ 03-017)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural (A -20a) to Agricultural (A -10a) for approximately 31.1 acres of
land to subdivide the property into two lots approximately 15 acres in size be forwarded to
the County Council. This recommendation does not, however sanction the specific plans
submitted with the application as they may be subject to change given the specific code and
regulatory requirements of the affected agencies. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position.
This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural (A -20a) to
Agricultural (A -10a) for approximately 31.1 acres of land to subdivide the property
into two lots approximately 15 acres in size. The lots are intended to be used as
residential/agricultural lots. The applicant intends to construct a dwelling on one of the
proposed lots. The estimated cost of the dwelling is approximately $300,000.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural (A -20a) to the Agricultural
(A -10a) zoned district will conform to the goals, policies and standards of the
General Plan Economic, Land Use and Agricultural Elements. The Land Use Pattern
1-
G_,f3-7 ('bill 197 PC-
Allocation Guide (LUPAG) Map component of the General Plan is a representation of the
document's goals and policies to guide the coordinated growth and development of the
County. It reflects a graphic depiction of the physical relationship among the various land
uses. The LUPAG Map establishes the basic urban and non -urban form for areas within
the County. The subject area is designated Orchards and Extensive Agriculture.
Orchards are agricultural lands which though rocky in character and content support
productive macadamia nuts, papaya, citrus, and other similar agricultural products.
Extensive Agricultural includes pasturage and range lands. Soils within the property are
identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin,
extremely stony organic soils over fragmental A'a lava and used primarily for woodland
and pasture. The Land Study Bureau's Detailed Land Classification System identifies
soils on the property as "E" or "Very Poor" for agricultural productivity. The ALISH
System classifies soils within the subject property as "Other Important Agricultural
Lands", which include lands other than Prime or Unique Agricultural Land that is also of
statewide or local importance for agricultural use. The Federal Emergency Management
Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", an area
determined to be outside of the 500 -year flood plain.
The property is located at the intersection of Kapehe Street and Kaloko Drive at
approximately the 4,100 -foot elevation. Surrounding properties are zoned A -10a and
A -20a. There are some small pasture and nursery areas within the subdivision. The
forest lands of Makaula-Goma abut the subdivision to the north at approximately the
2,100 to 3,500 -foot elevation. Bishop Estate lands of Kaupulehu abut the property to the
north at the 3,500 to 5,400 -foot elevation. These lands are currently used by Hualalai
Ranch. The Palani Ranch abuts the property along its southern boundary. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of the property.
Immediate properties to the east, or mauka within the subdivision (TMK: 7-3-27: 11 and
24) are zoned A -10a (REZ 838, Leonard J. Mascari). There are eight parcels zoned
A -10a and one parcel zoned A -7a in the mauka portion of the subdivision below the
elevation of the subject property.
-2-
The proposed accesses to the subject property are from Kaloko Drive and Kapehe
Street, both 22 -foot wide paved roadways with 8 -foot grass shoulders within 80 -foot
right-of-ways. Kaloko Drive intersects with the Mamalahoa Highway approximately
three miles below the subject property. The Department of Transportation, Department
of Public Works, and the applicant have all acknowledged the need for improvements to
the Mamalahoa Highway-Kaloko Drive intersection. The roadway improvements are
essential since similar changes of zone may occur throughout the Kaloko Mauka
Subdivision and the creation of additional home sites would place an increased burden on
traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T"
configuration without channelization improvements. The Department of Transportation
has stated their concerns regarding the cumulative impact on the intersection of the
Mamalahoa Highway and Kaloko Drive, and recommends that 1) the sight distance at the
intersection be improved; 2) the intersection be illuminated at night; 3) the various
turning movements at the intersection be channelized; and 4) all improvements be made
at no cost to the State and all plans for improvements within the State highway right-of-
way be submitted for their review and approval. The Department of Transportation
further recommends that, should the County continue to further allow development in
Kaloko Mauka, the County must seek funding to improve this intersection. The
Department of Public Works recommends that 1) vehicular access to Kaloko Drive be
limited to one driveway approach serving only one of the proposed lots; and 2) should
fair share contributions be assessed for roads and traffic, the contributions should be
dedicated to improving the impacted facilities. The Department of Public Works has
stated that an account for improvement of the Mamalahoa Highway-Kaloko Drive
intersection has been the recipient of such targeted contributions from previous zoning
amendments. The Planning Director is in agreement with the Department of Public
Works that vehicular access to Kaloko Drive be limited to one driveway serving one of
the proposed lots. Therefore, conditions of approval will be included to address the
Department of Transportation and Department of Public Works' concerns.
On June 19, 1996, the County Council adopted Resolution No. 330 96 relating to
-3-
the amendment of zone district boundaries within Kaloko Mauka 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 re-classified to
any zone district having a minimum lot size of less than 20 acres except where
contiguous lands held under the same or a cooperative ownership are concurrently placed
in a lower density zoned district with a net effect of maintaining or reducing overall
density levels and enhancing the integrity and value of the region's watershed and forest
systems.
On June 2, 1997 the County Council adopted Resolution No. 58 97, amending the
Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka
Subdivision. The Council established that a maximum density of two dwellings per
twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000 -foot
elevation, with certain conditions, will protect the watershed and native forest and
maintain a low density pattern. The Resolution recommended that the Planning
Commission consider favorable recommendations for A-IOa zoning requests for only
those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot elevation and
include the conditions as stated within Resolution No. 58 97, provided that the request
complies with the other goals, policies, and standards of the General Plan. Conditions of
approval will be included to reflect the recommendations in Resolution No. 58 197.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultural activities or the
presentation of the lands within the proposed subdivision in a manner consistent with the
Orchard designation by the General Plan LUPAG Map and Other Important Agricultural
Land designation by the ALISH system. The requested A -10a zoning is consistent with
the recommendation of the Kona Regional Plan. The proposed subdivision would be
compatible with the rural character of lands located within the upper elevations of Kaloko
Mauka Subdivision zoned A -20a and A -10a. The applicant has agreed to impose
covenants restricting the construction of second dwelling units on each subdivided lot.
-4-
The approximately 15 -acre lot sizes will also provide additional opportunities for
residents who wish to pursue limited agricultural activities, but are not able to commit to
the financial or labor demands placed on them by the larger 20 -acre parcels.
According to the applicant, the site is presently heavily forested with native trees
and shrubs such as ohia, tree fern, other native trees and shrubs, and non native
vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and
other forest birds. Vegetative cover is a mixture of native and non-native species. The
proposed development has the potential to alter the mixture of plant life, however, the
low density of the proposed development and conditions applied to previous rezoning
will assure the continuation of habitat for existing wildlife.
The 'Alala Recovery 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 through 13 of Kaloko Mauka Subdivision, be designated as essential habitat for
the'Alala. The subject property is located within Block 9. 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.
As part of the Office of State Planning's five-year State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog -drip area mauka of the 2,000 -foot elevation be redesignated into the
Conservation District for protection as a watershed recharge area. The Kona Watershed,
which provides for the recharge of aquifers which supplies most of Kona's drinking
-5-
water, includes those lands located within the Kaloko Mauka Subdivision and situated
above the 1,900 foot elevation, which includes the subject property. The subject
property, located at the 4,100 -foot elevation, does not seriously compromise the
recommendations of these studies beyond existing conditions. The property is located
above the elevation recommended for preservation as a habitat for the 'Alala but within
Block 9. The property is also located above the approximately 2,000 -foot minimum
elevation recommended by the Office of State Planning and the Water Resources
Research Center for protection as a watershed area. Approval of the requested change of
zone will not alter the existing land use conditions within Kaloko Mauka Subdivision.
Uses permitted within the Agricultural District will allow for a variety of agricultural
activities to be conducted on the property.
There have been several archaeological studies conducted in the area. An
archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of
an agricultural field system up to the 3,500 -foot elevation at certain locations. According
to the applicant, there is no record of historic sites on the property in either the National
or State Registers. By letter dated August 13, 2003, the State Department of Land and
Natural Resources Historic Preservation Division has indicated that "we believe there are
no historic properties present because there is very little evidence of historic properties at
this elevation and the likelihood of disturbance is minimal. Thus, we believe that no
historic properties will be affected by this undertaking."
It is recommended that an archaeological study of the subject property be
submitted for review and approval by the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD) prior to the submittal of plans for
subdivision review or any land alteration activities. Should significant historical sites be
located within the subject property, an archaeological preservation/mitigation plan shall
be submitted for review and approval by DLNR-HPD prior to the issuance of Final
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Subdivision Approval or any land alteration activities.
In addressing potential adverse visual impacts the clearing of the subject property
for individual home sites and agricultural uses may have on the existing upland forest
character within the subject area, the applicant has proposed the following:
• a 60 -foot wide "forest reserve easement" for buffer purposes along the existing
roadway;
• a 30 -foot "forest reserve easement" along all lot lines as a buffer between
parcels;
• a 60 -foot wide structural setback along the existing roadways;
• at least 50% of the lot area to be retained in forest;
• a restriction against a second dwelling on each lot;
• a conservation plan to be prepared for each of the subdivided lots;
• a "fair share" contribution to mitigate any potential impacts;
However, while the applicant is requesting the 60 -foot wide "forest reserve
easement" along the existing roadway frontage and 60 -foot wide structural setback along
the street frontage, the Planning Director recommends a 100 -foot "forest reserve
easement" along the existing roadway frontage and 100 -foot wide structural setback along
the property's street frontage to be consistent with similar adopted rezonings in the area,
and to reflect the recommendations as stated in Resolution No. 58 97. Conditions will be
included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately seven miles mauka of the
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the properties and
there is no evidence of any traditional and customary Native Hawaiian rights being
practiced on the site. Thus, it is not anticipated that the proposed request will have any
adverse impact on cultural or historical resources in the area:
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Investigation of valued resources - no formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing archaeological studies conducted of the immediate
area.
As stated by the applicant and supported by the State Department of Land and
Natural Resources Historic Preservation Division, "there is very little evidence of
historic properties at this elevation; thus, the likelihood of valuable cultural,
historical, and natural resources in the rezoning area appears remote." There is no
evidence that the flora in the area are particularly desired or used for cultural
practices.
Possible adverse effect or impairment of valued resources - native plants may be
destroyed by construction or ground alteration. However, as stated by the State
Department of Land and Natural Resources Historic Preservation Division, it
appears unlikely that any valued resources may be affected due to the location of
the property at this elevation.
Feasible actions to protect native Hawaiian rights - as stated by the applicant, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
According to the Department of Water Supply, water for the proposed subdivision
development is available from an existing 4 -inch waterline on Kapehe Street fronting the
subject property. Wastewater generated by the proposed development will be disposed of
by individual wastewater disposal systems for each lot, meeting the requirements of the
Department of Health. All other essential utilities and services are or will be made
available to the site.
Based on the above findings, approval of the Change of Zone request from
Agricultural (A -20a) to the Agricultural (A -10a) zoned district would result in an
-8-
appropriate land use pattern that will further the public necessity and convenience and the
general welfare.
The accompanying draft bill to amend Section 25-8-2 (North and South Kona
District Zone Map) is provided for your favorable consideration. Please note the
proposed conditions of approval attached to the draft bill.
W
MappREZ-10/30/03
EUGENE H. CLAPP
CHANGE OF ZONE APPLICATION (REZ 03-017)
CONDITIONS OF APPROVAL
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance. The applicant shall reserve the following easements and special
setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
a 100 -foot wide "forest reserve easement" along the existing roadway
frontages of the subject property, exclusive of the access point permitted
by the Department of Public Works;
2. a 30 -foot "forest reserve easement" along all lot lines not covered by the
100 -foot easement; and
a 100 -foot wide structural setback in lieu of the required 30 -foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. A copy of the proposed covenant(s) to be recorded with the Bureau
of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the applicant
and the County and recorded with the Bureau of Conveyances prior to the
issuance of Final Subdivision Approval.
E. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
F. A forest management plan for the proposed lots within the subject property shall
be prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources, the State
Department of Health, the State Department of Agriculture and the U.S.
Department of Natural Resources Conservation Service. The forest management
plan shall require the following:
1. Include at minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewardship Program).
2. The forest management program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded with
the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of
the covenants to be recorded shall be submitted to the Planning Director
-2-
for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
3. If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the forest management plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20% within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This forest management plan shall govern the proposed lots within the
subject property for a period of fifty (50) years and its termination may be
considered after the 50 -year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
G. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed in a
manner meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
I. An archaeological study/survey of the subject property shall be prepared and
approved by the Department of Land and Natural Resources -Historic Preservation
Division (DLNR-HPD), prior to the submittal of plans for subdivision review or
any land alteration activity, whichever occurs first. The scope of work for the
archaeological study shall be determined by the DLNR-HPD. Should significant
historical sites be found within the subject property which merit preservation or
the implementation of mitigation measures, the applicant shall prepare and submit
an archaeological preservation/mitigation plan for review and approval by the
DLNR-HPD prior to the issuance of Final Subdivision Approval or any land
-3-
alteration activity, whichever occurs first.
Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
K. Vehicular access to Kaloko Drive shall be limited to one driveway approach
serving only one of the proposed lots. Access to the proposed lots shall be
constructed in a manner meeting with the approval of the Department of Public
Works.
L. The applicant shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Public Works.
M. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the lot counts are adjusted. The fair share
contribution shall become due and payable prior to final subdivision approval of
any portion of the subject property or within five (5) years from the effective date
of this change of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council, provided that the fair share contribution to
address the potential road impacts shall only be in the form of cash and shall be
applied to improving the Kaloko Drive/Hawaii Belt Road intersection. The fair
share contribution may be adjusted annually beginning three years after the
effective date of this ordinance, based on the percentage change in the Honolulu
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Consumer Price Index (HCPI). In lieu of paying the fair share contribution for
other facility impacts, the applicant may construct such facilities related to park,
fire, police and solid waste disposal facilities with the approval of the appropriate
agency (ies).
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fee
Ordinance.
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
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.
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).
P. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
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COUNTY OF
HAWAII
ORDINANCE NO.
STATE OF g-IAWAN
BILL NO.
(PLANNING DEPARTMENT)
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A -20a) TO AGRICULTURAL (A -10a) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-27:10.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawaii shall be Agricultural (A -10a):
Beginning at the Northernmost corner of this parcel of land, being also the
Eastermost comer of Lot 4 of Block 8 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 1010) and being a point on the Westerly side of Haleamau Street, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA" being 7,821.05 feet South and 3,941.73 feet East and running by
azimuths measured clockwise from True South:
Thence, for the next three (3) courses following along the Westerly side of
Haleamau Street:
338° 00'
483.19 feet to a point;
Thence, following on a curve to the right with a radius of 960.00 feet, the chord
azimuth and distance being:
2. 3560
47' 30"
618.49
feet to a point;
3. 15"
35'
662.58
feet to a point;
-1-
4. 1430 10' 1,386.19 feet along Lots 3 and 2 of Block 8 of Kaloko
Mauka Subdivision, Increment 2 (File Plan
1010) and along the remainder of Royal
Patent 8214, Land Commission Award
7715, Apana 11 to Lota Kamehameha to a
point;
2330 10' 991.27 feet along Lot 4 of Block 8 of Kaloko
Mauka Subdivision, Increment 2 (File Plan
1010) and along the remainder of Royal
Patent 8214, Land Commission Award
7715, Apana 11 to Lota Kamehameha to the
point of beginning and containing an area of
21.121 Acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made apart hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
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.
-2-
SECTION 4. This ordinance shall take effect upon its approval.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
-3-
EXHIBIT "A" (Eugene H. Clapp: 1109)
� A-203, � A -20a
c�
AGRICULTURAL (A-20a)
TO AGRICULTURAL (A -10a)
�oaq
31.095 ACRES
aa��a
v1
S�
$ A -20a
A -20a /n3, A- I Oa
AQ
f,
-- A- I Oa A -20a
A -20a
A -20a
Kaloko Dr. A -20a
A -20a _
,287.65 S
298.NE I A-203,
A-203, OANUTAHEA"®
= A -20a
3
o w
0 0
A-203, �
A -20a A -20a A -20a
kaiok0
A -20a
r
A-IOa
7A-OaA-20a
A-203, �
A -20a
A- I Oa A -20a
A-73,
1,000 500 0 1,000 2,000 3,000 apaa 5,000
eet
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A -20a)
TO AGRICULTURAL (A -10a)
AT KALOKO, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-3-027010 Date: October 22, 2003
EXHIBIT "A" (Eugene H. Clapp: 1109)