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HomeMy WebLinkAboutCOM 0557.000 2002-2004Harry Kim Mayor Dixie Kaetsu - Managing Director Ml (r� PeeMter�Ljj�Hendricks l MR D 7ty 1 1 inqDtr}c�ar COUNTY OF HAWAII 25Aupuni Street, Room215 • Hilo,Hawaii 96720-4252 • (808)961-8211 . Fax(808)961IJI�; KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax(809)326-5663 March 8, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hl 96720 Dear Chairman Arakaki and Members: Change of Zone Application (R -EZ 03-031) Applicant: Richard & Christin Grover Request: A -20a to A -5a Tax Map Key: 7-3-25:8 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, � �wt Harry Kim Mayor Lgrovcr0l may Enclosures cc: Planning Department (3 lI d tl / Comm. No.1 Re. i To: _� tAK l �� Ref. Dale Harry Kim Mayor March 8, 2004 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 Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 03-031) Applicant: Richard & Christin Grover Request: A -20a to A -5a Tax Map Key: 7-3-25:8 The Planning Commission, after a duly held public hearing on February 20, 2004, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 23.208 acres of land from an Agricultural 20 -acre (A -20a) to an Agricultural 5 -acre (A -5a) district. The property is located along the south side of Hao Street and approximately 1,600 feet from the Hao Street-Kaloko Drive makai 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 -5a) for approximately 23.208 acres of land to subdivide the properties into four lots approximately five acres in size. The applicant intends to construct a dwelling on each of the proposed lots. Although the estimated cost of each dwelling is approximately $300,000.00, the dwellings are intended for family members and will not be marketed. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 -5a) zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Orchards. Orchards are agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus, and other similar agricultural products. 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 northwest of the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,800 -foot elevation. Surrounding properties are zoned A -20a, A -5a and A -3a. 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. The proposed access to the subject property is from Kaloko Drive and Hao 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 (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Improve sight distance • Illuminate the intersection at night • Channelize turning movements at the intersection The DOT has further stated that their understanding is that the intersection improvements will be implemented by the County at no cost to the State. The DOT requests that all plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Similar comments, which would also be relevant to this application, have been provided for other change of zone requests in the Kaloko Mauka Subdivision. 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. Conditions of approval will be included to address the Department of Transportation's 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 twenty 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. The subject property is located at approximately the 2,800 -foot elevation. 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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. 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 -5a 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 Kaloko Mauka Subdivision zoned A -5a. The applicant has agreed to impose covenants restricting the construction of second dwelling units on each subdivided lot. The approximately five - 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 rezonings 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 the 3,200 feet to 3,400 feet 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 4 at approximately the 2,800 -foot elevation. Once such a habitat is secured, a specific management plan for each Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 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 2,800 -foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. The property is located below the elevation recommended for preservation as a habitat for the `Alala. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and 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 memos dated November 25, 2003 and January 20, 2004, the State Department of Land and Natural Resources Historic Preservation Division has indicated that "the likelihood of historic sites is extremely low due to elevation and terrain. Please call SHPD if lava tubes or burials are uncovered during land -altering activities (327- 3691). 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 Subdivision Approval or any land alteration activities. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 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 not covered by the 60 - foot easement; • a 60 -foot wide structural setback along the existing roadways in lieu of the required 30 -foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; However, while the applicant is requesting a 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 Planning Director also recommends a restriction against a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. 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. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources - No 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. The valued cultural, historical, and natural resources found in the rezoning area: As stated by the State Department of Land and Natural Resources Historic Preservation Division, "the likelihood of historic sites is extremely low due to elevation and terrain." Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. 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 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. 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 -5a) zoned district would result in an Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 appropriate land use pattern that will further the public necessity and convenience and the general welfare. 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. Sincere re"aldones, Chairman Planning Commission LgroverNPC Enclosures cc: Mr. Gregory R. Mooers Richard and Christin Grover Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BGroverREZ.dm-1/28/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT RICHARD AND CHRISTIN GROVER CHANGE OF ZONE APPLICATION (REZ 03-031) RICHARD AND CHRISTIN GROVER has submitted an application for a Change of Zone from Agricultural (A -20a) to Agricultural (A -5a) for approximately 23.208 acres of land. The property is located along the south side of Hao Street, approximately 1,600 feet from the Hao Street - Kaloko Drive intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-25: 8. APPLICANT'S REQUEST Request: The applicant is requesting a Change of Zone from Agricultural (A -20a) to Agricultural (A -5a) to subdivide the properties into four lots approximately five acres in size. The applicant intends to construct a dwelling on each of the proposed lots. Although the estimated cost of each dwelling is approximately $300,000.00, the dwellings are intended for family members, and will not be marketed. (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. GP Consistency: Economic and Land Use Elements. 4. GP LUPAG Map: Orchards. 5. County Zoning: Agricultural (A -20a). 6. Kona Regional Plan: Agricultural. 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 2,800 -foot elevation level and therefore, will not be impacted by coastal hazard and L —S S 7 (13:11 �-`(7) PC beach erosion. 8. Special Management Area (SMA): The Special Management Area is a part of the 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. The subject property is located at approximately the 2,800 -foot elevation. 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 further 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) -2- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is a vacant, approximately 23.208 -acre parcel located northwest of the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,800 -foot elevation. The property is heavily forested with slopes of 6-20 percent. 12. Surrounding Zoning/Land Uses: Lands to the east or mauka of the property is zoned A -20a. Properties to the north and south are zoned A -5a and land to the west or makai of the site is zoned A -3a, 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-Ooma 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. 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 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. 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 -3- 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 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 4, at approximately the 2,800 -foot elevation. 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 ofthe 'Alala. 19. Archaeological/Historical Resources: According to the applicant, the subject parcel is located at the 2,800 -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 memo dated November 25, 2003, the State Department of Land and Natural Resources Historic Preservation Division has indicated that "the likelihood of historic sites is extremely low due to elevation and terrain. Please call SHPD if lava tubes or burials are uncovered during land -altering activities. 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. 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. -4- PUBLIC UTILITIES AND SERVICES 23. Access: Access to the subject property is proposed from Kaloko Drive and Hao 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 less than three miles below the subject property. 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. 25. Wastewater: The applicant proposes 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 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. 27. Department of Public Works: (See Exhibit B - January 23, 2004 Memo) 28. Department of Environmental Management: (See Exhibit C - December 17, 2003 Memo) 29. Department of Water Supply: (See Exhibit D - January 16, 2004 Memo) 30. Fire Department: (See Exhibit E - January 13, 2004 Memo) 31. Department of Land and Natural Resources Land Division: (See Exhibit F - January 7, 2004 Letters) 32. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit G - November 25, 2003 and January 20, 2004 Memos) 33. Department of Health: (See Exhibit H - January 5, 2004 Memo) 34. Department of Transportation: (See Exhibit I - January 9, 2004 Letter) 35. Kona Traffic Safety Committee: (See Exhibit J - January 9, 2004 Letter) -5- AGENCIES - NO COMMENTS 36. Police Department AGENCIES - NO RESPONSES 37. Department of Public Works, Department of Water Supply, Natural Resources Conservation Service APPLICANT'S RESPONSE TO AGENCIES 38. (See Exhibit K- January 13, 2004 Letter) PUBLIC COMMENTS 39. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. M I a CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Richard Carlton Grover and Chnstrn Lan c drover APPLICANT'S SIGNATURE I ADDRESS: Denver Colorado 80246 LIST APPLICANT'S INTEREST IF NOT OWNER: Co-owners LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) LANDOWNER(S): LANDOWNER SIGNA LANDOWNER(S) ADDRESS: Grover (Res.) (303) 355-4396(Fax) 50%); L �ouis and Sarah ell i (25%1; M, j4 J (May be by letter) do Grovers at 627 S. Grape Street, Denver, CO 80246 and REQUEST: Agricultural 20 -acres (A -20a) _ TO Agricultural 5 -acres (A - (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-025:008 STREET ADDRESS OF PROPERTY: Mao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.208 acres AGENT: Gregory R. Moocrs ADDRESS: Mooers En sec Li P Kantuela, Hawaii 96743 TELEPHONF: (Bus.) 885-6839 (IteS.) 885-7126 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Grovers (Sec Instructions on Reverse Side) EXHIBIT £d WdET:Le £OBE OE '^0N GEVEL9££02: 'ON XHd b4noao: wca-j CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Richard Carlton Grover and Christin Lange Grover APPLICANT'S SIGNATURE: ADDRESS: 6775 CraoeStrew Denver Colorado 80246 LIST APPLICANT'S INTEREST IF NOT OWNER: Co-owners LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) LANDOWNER(S): Richardand LANDOWNER SIGNATURE(S): (Res.) (303) 355-4396 (Fax) Louis TE: Teresa DATE: 1/1410-3 May be by Jolter) LAN DOWNERS) ADDRESS: c/o Grovers at 27 S. Grape Street, Denver, CO 80246 REQUEST`. Agricultural 20 -acres (A -20a) To Agricultural 5 -acres (Aba) (Exiating main,) (Proposed Zoning) TAX MAP KEY: (3) 7.3-025:008 STREET ADDRESS OF PROPERTY: Hao Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.208 acres AGENT: Gre ory R Mooers ADDRESS: Mooers EnteLntites LLC C TIT Kamuela, Hawaii 96743 TELEPHONE: (Bus.) 885-6839 (Res.) 885-7)26 (Fax) 885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Mooers COPIES: Gruvers (See Instructions on Reverse Side) bd Wd£i:LO MOE BE •nON GEbEL9£20E: 'ON Xd_� b3no6u: WOH2 FROM : FIELD TRIP DESIGN FAX NO. : 808 988 4070 Nov. 21 2003 11:12RM P1 LVmrs CHANGE OF ZONE APPLICATION PLCAONNL WO, NTYDEPARWTMENT Crypt or legibly print the requested information) APPLICANT: RiGUN Gdmn emrcr ab Chd:un [roue Groner APPLICANTS SIGNATURE: start. ADDRESS: 6P s. I----, Kr Dar, GaW BM46 LIST APPLICANTS INTEREST IF NOT OWNER: Ca<• n LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bw.) (Rel•) (303)35543% (Pa) LANDOWNER(S): Richadad(7etsdn Gmwr 50%:Inu"aeSanh Melleei(25%);Miclnel aM Taraa, Fk'.ld� '25%n LANDOWNER SIGNATURE(S): /K U 4T JQVI Faw -JL gr(( DATE:D UO Grover n GIM]y$ CN) LANDOWNER(S) ADDRESS: nPe $aar, De.wer,mS@K REQUEST. Ayvdlamll0.rnes(A-200) TO Agkullmal 5-ana(A-50 (7(EximA Wq) (Pro o dzoning) TAX MAP KEY- STREET ADDRESS OF SIZE OF PROPERTY OR AFFECTEDAREA(S) TO BE REZONED: 23.x06 acme AGENT: G n,R M e ADDRESS: I(amucb, Hawaii 96943 TELEPHONE: (But) $85.6639 (jye3,) 58501x6 (Fa5) 885-)571 plcaac indicate to whom original correspondence and copies should be lent. ORIGINAL: Moan COPIES; Gmren (See InStructions on Reverse Side) 2 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? 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? b. Into what lot sizes? 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? d. Do you intend to build houses on the newly created lots? If Les, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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 Yes 23.208 act 5+ acres 6 months Yes 4 not for salt One year Attached 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 four residential/agricultural lots in this highly desireable area. 4. Are there any buildings on the subject area? No I If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes 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? Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? 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 II agricultural purpose, please state your other reasons. .J 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- ra X e. Police Protection f. Fire Protection 9. Recreational Facilities h. Public Utilities I. Other Yes No 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 applicants understand _. that they will be required to contribute to the cost of these intersection improvements by paying an impact related fee. Signature: Address: Telephone: Date: 627 South Grape Street -4- 355-4396 e. Police Protection (. Fire Protection 9. Recreational Facilities h. Public Utilities r. Other Yes No For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The intersection of Kaloko Drivc and Mumalahoa Highway needs to be improved. This has been established during previous change of zone applications in the Kaloko Mauka Subdivision. The applicants understand that they will be required to contribute to the cost of these intersection improvements by paying an impact related fee. Signature: Address: 627 South Grape Street Telephone: _CM3)35s4396 Date: 2 2UDa -4- Sd WdtS:LO 200E OE -^ON 6EVE2-9£20£: 'DN Xdd dEnod9: WoaA TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development .................................. I B. CONFORMANCE WITH STATE AND COUNTY PLANS 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 6. Community Development Plan ............................................... 6 7. Special Management Area ................................................... 6 8. Chapter 205A: Coastal Zone Management Act ........................... 7 9. Mountain Access .............................. .. ............................. 7 C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING Physical Characteristics and Environmental Setting.. . ..................... 7 Historic Resources ................................................................ 9 Natural Resources (Flora -Fauna) ............................................... 9 Cultural Resources .............................. ................................... 10 Social -Economic Characteristics ................................................ I Surrounding Lands .................................................................. I 0 D. PUBLIC FACILITIES AND SERVICES Access..................................... . ... ........ ............................ 12 WaterService ........................................ ............................ 12 Wastewater Disposal ........................................................... 13 SolidWaste .......................................................................... 13 Police and Fire Services .......................................................... 13 Schools................... .......... ........... . ........... ..................... 13 Parks............................................. ................................... 13 Other Utilities ...................................................................... 13 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: ............................. 14 2. Mitigative measures proposed to avoid, minimize, rectt& or reduce impact............................................................................ 14 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 ............................. 15 F. PROPOSED FINDINGS ......................................................... 15 G. EXHIBITS A. Resolution No. 58 97 B. Location/Vicinity Maps C. Change of Zone Exhibit ii COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20 -acres (A -20a) to Agricultural 5 -acres (A -5a) APPLICANTS: Richard and Christin Grover TAX MAP KEY: (3) 7-3-025:008 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development. a. Project Description: The subject property is a 23.208 acre parcel located on Hao Street northwest of its intersection with Kaloko Drive at approximately the 2600 feet elevation. It is identified as Lot 5, Block 4, Increment 1 (File Plan 994), 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. Please see the vicinity maps in the Exhibits. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. 4 b. Statement of objectives and reasons for the request: The owners propose to subdivide the existing lot into four lots approximately 5+ acres in size. These lots are intended to be residential/agricultural lots for the applicants and their family who are co-owners. c. Number of acres: 23.208 acres are covered by this request. d. Proposed units lots/floor area of proposed building envelope: The applicants propose to subdivide the existing lot into four 5+ acre �1 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 (80%) 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, although they are not intended to be marketed. 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 four lots will add three additional lots to the subdivision. I 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 amendment to the zoning ordinance complies 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 physical and social environments of the island of Hawaii. o The Counry of Hawaii shall strive for diversity and stability in its economic system. o The Counry 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 3 industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. 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 amendment provides economic opportunity for the owners and construction industry members while providing forest preservation, a balance of economic benefits while protecting and enhancing the forest resources. The proposed amendment to the zoning ordinance complies with the following goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination ofpast 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 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 ofneighborhood, community, region and County. The county shall encourage the development and maintenance of 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 0 Identify, protect and maintain important agricultural lands on the island of Hawaii. POLICIES Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. 0 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. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. The proposed amendment is a land use consistent with neighboring properties and all established land use plans. The proposed use and conditions of approval will help preserve the forest resources of the subject property and area. 4. General Plan Designation: Extensive Agricultural and 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 -5 acre (A -5a). 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 Hawaii's Special Management Area. 6 8. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 7 miles from the shoreline at the 2600 -foot elevation 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. 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 23.208 acre parcel located northwest of the intersection of Hao Street and Kaloko Drive at approximately the 2600 feet elevation. It is identified as Lot 5, Block 4, Increment I (File Plan 994), 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. Please see the vicinity maps in the Exhibits. 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." 11. Distance from coastline: The subject property is approximately 7 miles east of the coastline at Puhili Point. I 12. Agricultural Lands of Importance in the State of Hawaii (ALSIH) j� designation: Soils within the subject property are classified as "Other ® important Agricultural Lands" by the ALISH system. 13. U.S.D.A. Natural Resources Conservation Service Report soil type: The soil survey report classifies the soils within the project site as Kiloa Extremely Stony Muck (rKXD). This soil consists of well -drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. 14. 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. 15. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500 -year flood plain. 8 16. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. 17. Air/noise/water 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: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area at the 2600 foot elevation within the boundaries of a pre -contact 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: 19. Existing floral/faunal 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, 9 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 Wf considered to be the center of concentration for breeding Alala. The Plan M 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. 20. Cultural Resources: According to the present and previous owners, 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. 21. 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. 10 Social -Economic Characteristics: 22. 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. 1 23. 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. 24. Land values: According to prominent Realtors in the area, the land values in this subdivision have remained relatively stable over the past few years. Surrounding lands: 25. 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-Goma 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 11 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. 26. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-20 a to the north, A -3a and FA -3a to the west, A -5a to the south and A -20a east. D. PUBLIC FACILITIES AND SERVICES 27. Description of access: The access to the subject property is from Kaloko Drive and Hao Street, 22 foot wide paved roadways with 8 foot grass shoulders within 80 foot right-of-ways. Kaloko Drive intersects with Mamalahoa Highway approximately 2.5 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. 28. 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 29. 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. 30. 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 all lots. 31. 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 y Kealakehe. All roadways are paved, with adequate width and are accessible �i for emergency service vehicles. 32. Schools: The project site is located about four miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 33. 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. I 34. 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. 13 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1. 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. 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact. 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; a. A 60 -foot "forest reserve easement" for buffer purposes along the existing roadway. 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 80% of the lot area shall be retained in forest. e. A restriction prohibiting 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. 3. 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, 14 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. 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of four 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. F. PROPOSED FINDINGS 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. 15 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 58 97 (Draft 3) 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 two change 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 WHEREAS, the Council fords 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 (S) years from the effective date of this ordinance. The applicant sball 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 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 n+:Iic 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 covenant(s) 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 covenants) 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, J 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 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: 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 wbicb 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. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of U,e 'crest management plan or the recording of the restrictive covenant(s), the refc.estation program for any cleared or grubbed arca(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. q. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its temtination 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 -10a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot elevation and include the aforementioned conditions with such recommendation provided that 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. Yamnshiro, Mayor; Kevin Salo&, Planning Commission Chairman; and Virginja Goldstein, Planning Director. a1LT(CES Dated: Hilo, Hawaii, this _2ng __ day of June , 1997. INTRODUCED COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES A85 EX Hilo, Hawaii X 1 hereby certify that the foregoing RESOLUTION was by the +ote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii an June 21 1997 COUNTYCLERK CHAERMAN & !?RE:JLulmu vFFICER Rcfereace CrL1y.U4/PC-53 RESOLUTION NO. J 8 9 7 (DP,An �O cuvnc X LatTIKEAD-TODD X RAY X REYn0LDS X SAMANCELO sM111 X X TYLER Y.%C(,NC X X 8 0 1 0 Rcfereace CrL1y.U4/PC-53 RESOLUTION NO. J 8 9 7 (DP,An 11 iA "� h�44� 4s Y f J .. yr s k ii s sa x r �x i ) f i 5 t P" .E S iy{ q p e { i 4 � � I A i h L A iA "� h�44� 4s Y _ J .. ii f' x i ) f i 5 t P" .E S iy{ q p e { i 4 A kY *, x S I iA "� h�44� 4s Y _ J .. ii x 1 r, i 5 t .E ° q c e { iA "� h�44� 4s Y _ J .. 3 it- E-. 'F Ar" $ S \may M r 7WPA a `� X; ILI 6 01 v ':Icor {•P' ` �"� pt 17 �� 3 µr •µft �e �! ! If % r 0,96 1 J• 4 all t �• r is ! O O •�r.� er K 2 e•^'` ' 9 �C u P N z 'ees ] ' ren zoo'era �r � Kaloko Mauka Subdivision S. t K P • �•" �Anf �'e�w .o.- h �`t'4AV ..rh- _� r SAM• BZidoTA� ��""hr �•% '��:� Z !•O^� � �•f .F•,� r L� a �..F l nw...r . ,aM,..,e w .yr aw>d • mow- /.J'' � W r MaPI o y ,.Its w a sftev *4` a+M/•iT r1. rr' C—e4k t Cries, A`d, _ ,yt O Srf D ee.a ewll A". A il.r . �vc.<x.v be sys9 y^ L..,sN E.CNttMr Arae A+aY.fw� � O @V.2A11 qsR r/`/ e�A.: e.a«b.....b. .r Saar,. - ry< ,,•� J' r f l� e,+s.srA�a se e {Ip�� 3l.9.N0 A.r! I e d + �" Gn• f� p of d1. aDO/Ava Q AAY 4�..rC.R..w V , !• 11'1 YP !.4 S i M,n.4.IM FnferP.Ml�a, Aac. f :i 1� s ?\\, /;� � \. \/� � � \/`� 2 w \� \� � y \� �� » &� � ;. . y� . a � � � � \\� �� }� \� {� , \�� \� m \ / \\�� \� � «� 2° © � ?« G:yy>ya: . © ee \r \� � � � \� \\\� � \ � « ,y. � � &� � ;. . � a v a � � � � \\� �� }� \� {� , � � � / 22� \� m \ °� � � \ � \\- \\� � � \� y y� /� \ NOTES: i .mm.,ms om oror� =ore . lmee to oo.ernmem S—N GmnvWo4an Smtmn Mo@rUTAHFa- z. ry o rs o/ p,1-15—, els or< rrom aro,mo:e Ta. uoo rro. a:ter e.oe s mo.e o_oCo.erear.Esem. i. El s�ew nobr vF� a roil Wv mnl.—PoeImf OeI5516o J)OJ C neT 19S_ Prepor—w] or RILlNJCI f CNfiYSPN GRJV£F s'. somh cpoo. sr, -r eo.:c .._..__ —.. ,. __ _ _ _ _ -, Being a Portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Loto Komehameho At Kaloko, North Kona Island and County of Hawaii, State of Hawaii WES THOMAS p550G A TFS "r r .», FIF I F- i DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: January 23, 2004 Memorandum TO Christopher J.Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief 4L"-- Engineering /Engineering Division SUBJECT Change of Zone Application (REZ 03-031 ) Applicant: Richard and Christin Groaver Location: Kaloko Mauka , N. Kona, HI TMK: 3 / 7-3-025:008 We reviewed the subject application and our comments are as follows: All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. All earthwork and grading shall conform to Chapter 16, Erosion and Sediment Control, of the Hawaii County Code. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 4. Hao Street fronting the subject property, is a County road. It has an approximate 22 -ft. wide pavement with grass shoulders all within an approximate 60 -ft. right-of- way. 5. Any access to a County Street shall provide AASHTO recommended sight distances, and comply with Chapter 22 of Hawaii County Code and the approval of DPW. Driveways shall conform to applicable County standards details R-37 and R-38. 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 EXHIBIT W copy: ENG-HILO/KONA PLNG-KONA 0011 or H,w Harry Kim Barbara Bell Mayor Director �rF afX+� °?13 punfu of "Infunit L' DEPARTMENYOF ENVIRONMENTAL MANAGEMENT a:2 25 Aupuni Street, Room 210 + Hilo, Hawaii 96720-4252 (808) 961-8083 + Fax (808) 961-8086 MEMORANDUM Date . December 17, 2003 To CHRISTOPHER YLJEN, Planning Director From . BARBARA BELL, Direct SUBJECT: Change of Zone Applic ion (REZ 03-031) Applicant: Richard & Christin Grover Request: A -20a to A -5a TMK: 7-3-25:8 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WADS-TEWATER DIVISION: lc ( Vj No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Other: SOLID WASTE DIVISION: ( ) No comments ('n) Commercial operations may not use transfer stations for disposal. seo below ( y�) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( y�) Ample room should be provided for recycling. X) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo transfer stations. ( ) Other: fil,dnrt Nnvu 'LS RRe PRpN11bITLsD Fft PA UTIL171Ntr CDONTY TILWSFE((L C'"NkInt)N\ tRl A>"c- yt-oEZ AW ALij)u.r=D TD ViiLU-Lz THE %1i, HAwmll.SANOP& 1^m)Eli- cc: SWD, WWD EXHIBIT 4542 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAOA STREET, SUIi'E'apN,! LO, HAWAII 96720 7,rt 7 TELEPHONE (808) 961-8050 FAX ('8d8)610*7o ?� January 16, 2004 s TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-031) REQUEST: A -20A TO A -5A APPLICANTS — RICHARD AND CHRISTIN GROVER TAX MAP KEY 7-3-025:008 We have reviewed the subject application for the proposed Change of Zone and have the following comments. Water can be made available from an existing 4 -inch waterline along Hao Street, which fronts the parcel, for the proposed 4 -lot subdivision. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on the three additional lots that are requested in the proposed Change of Zone Application, the required water commitment deposit is $450.00. Remittance of $450.00 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: 1. Construct necessary water system improvements, which shall include, but not be limited to, 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. ... Water Grin, s rocre69... EXHISM.,,,,;_.;; P Mr. Christopher J. Yuen, Planning Director Page 2 January 16, 2004 2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $17,240.00 and $1,500.00, respectively, and calculated as shown below. This is due and payable upon completion of the construction of the water system improvements and prior to water service being granted. FACILITIES CHARGE • First service at $1,190.00 $ 1,190.00 • Three additional services at $5,500.00 each +16,500.00 SUBTOTAL $17,690.00 CAPITAL ASSESSMENT FEE • Three additional services in North Kona at $500.00 each $ 1,500.00 TOTAL (SUBJECT TO CHANGE) $19,190.00 For your information, the total facilities charge requirement, which is subject to change, is $17,690.00. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $17,240.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding the 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, extension 1. Sincerely yours, Ilton D. Pavao, P.E. Manager SHK:pt copy - Mr. Gregory R. Mooers, Mooers Enterprises, LLC Mr. Richard and Ms. Christin Grover rt7 ar uativ Harry Kim " - Mayor °e� of NPlP ,4 Countp of'abnail C . FIRE DEPARTMENT 25 Aupuni Street a Suite 103 a Hilo, Hawaii 96720 (808) 961-8297 a Fax (808) 961-8296 January 13, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-031) APPLICANT: RICHARD & CHRISTIN GROVER REQUEST: A -20a TO A -5a TAX MAP KEY: 7-3-25:8 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. = P\I COGZ< EXHIBIT BRED Christopher J. Yuen Page 2 January 13, 2004 "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "o) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) Christopher J. Yuen Page 3 January 13, 2004 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. 'Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207." AR YL OLIVEIRA Fire Chief DO:lk LINDA LINGLE GOVERNOR OF HAWAII hm i NATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January 7, 2004 LD -NAV REZ03-031.RCM Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: Change of Zone Application I.D. Nos.: REZ 03-031 Applicant: Richard and Christin Grover Authority: County of Hawaii Planning Department TMK: (3) 7-3-025: 008 PETER T. YOUNG CHAIRPERSON BOARD OF IAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGE1E1 DANDAMDSON DEPUTY DIRECTOR - LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AOUATIGREL�URCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMEN' CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE HISTORIC PRESERVATION IQ HOOIAWE ISLAND RESERVE COMMSSION LAND STATE PARKS Thank you for the opportunity to review and comment on the subject matter. A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and Natural Resources, Divisions for their review and comment: - Division of Forestry and Wildlife - Division of State Parks - Engineering Division - Commission on Water Resource Management - Office of Conservation and Coastal Lands - Land -Hawaii District Land office Enclosed please find a copy of the Engineering Division comment. Bases on the attached responses, the Department of Land and Natural Resources has no other comment to offer on the subject matter. Should you have any questions, please feel free to contact Nicholas A. Vaccaro of the Land Division Support Services Branch at 1-808-587-0384. Very truly yours, DIERDRE S. MAMIYA Administrator C: HDLG EXHIBIT il,< LINDA LINGLE GOVERNOR OF HAWAII C; C-nVFD L_ "' BION PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCE COMMISSION ON WATER RESOURCE MANAGER DAN DAVIDSON DEPUTY DIRECTOR _ LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES tUf1p JAN -z io: nr STATE OF HAWAII BOATING AND OCEAN RECREATIGN nT BUREAU OF CONVEYANCES D PART E'NT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MUNGEME N AD COASTAL I.ANDS LAND DIVISION CONSERVATION ATND RESOURCES ENFORCEMEI ENGINEERING POST OFFICE BOX 621 FORESTRYAND WIUXIFE NAHOOIAWETSt NDRESERVEORIC C COMMISSION - HONOLULU, HAWAII 96809 LAND ' STATE PARKS December 23, 2003 Ref.: REZ 03-031.CMT MEMORANDUM: L-3717 Suspense Date: 1/5/04 TO: Division of Aquatic Resources *XXX Division of Forestry & Wildlife Na Ala Hele Trails *XXX Division of State Parks XXX Engineering Division (DD) Division of Boating and Ocean Recreation XXX Commission on Water Resource Management (DD) *XXX Office of Conservation and Coastal Lands XXX Land -Hawaii District Land Office (DD) FROM: Dierdre S. Mamiya, Administra oi� Land Division SUBJECT: Change of Zone Application I D No.: REZ 03-031 Authority: County of Hawaii Planning Department Applicant: Richard and Christin Grover TMKs: (3) 7-3-025: 008 Please review the document and submit your comments (if any) dated by the suspense date. pertaining to the subject matter on Division letterhead signed and Note: One copy of the document is available for your review in the Land Division Office, Room 220. If you have any questions, please contact Nicholas A. Vaccaro at ext.: 7-0384. If this office does not receive your comments by the suspense date, we will assume there are no comments. ( ) We have no comments. Division: 1'ry-e 'r? Date: X) Comments attached. Signed: 6 � Name: ERIC T. HIRANO, CHIEF ENGINEER DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LA/NAV Ref.: f �i z 03 -P51 -0171T COMMNTS lv) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone 4. () Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone _ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is _. () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. Mthere are any . questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land Bud Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the mininirm NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinator below: () I& Robert Sumimoto at (808) 5234254 or Mr. Mario Shu Lh at (808) 5234247 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Kelly Gomes at (808) 961-8327 (Hhlo) or Mr. Kiran Emler at (808) 327-3530 (Rona) of the Comity of Hawaii, Department of Public Works. () I& Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. () Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions, please call Mr. Eric Yuasa of the Planning Branch at 587-0254. Signed: 17 ERIC T. , CHIEF ENGINEER G Date: z' 3c (r;t3 LINDA LINGLE GOVEANOR OF HAWAII 03 J rnm FJ6 November 25, 2003 '.6i jSTATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 607 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR -LAND ERNEST Y.W. LAU DEPUTY DIRECTOR- WATER AQUATIC RESOURCES SOATINO AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION ANO COASTAL LANDS CONSERVATIONANDRESOURCES ENFORCEMENT ENGINEERING FORESTRYANO WILDLIFE HISTORIC PRESERVATION KAHOOIAWE ISLAND RESERVE COMMISSION AND STATE PARKS HAWAII HISTORIC PRESERVATION LOG NO 2003 2347 DIVISION REVIEW DOC NO.: 0311 JK23 Applicant/Agency: Mooers Enterprises Address: P.O. Box 1101 Kamuela, HI 96743 Project: Chapter 6E-42 Review (County) Planning Change of Zone -Request for "no effect" determination Kaloko Mauka Subdivision/Grover Location: Kaloko, North Kona, Hawai'i Island Tax Map Key: (3) 7-3-025:008 1, We believe there are no historic properties present because: a, intensive cultivation has altered the land b. residential development /urbanization has altered the land c. previous grubbing/grading has altered land d. an acceptable archaeological assessment or inventory survey found no historic properties _X—e other: Likelihood of historic sites is extremely low due to elevation and terrain. Please call SHPD if lava tubes or burials uncovered during land -altering activities (327-3691) 2 This project has already gone through the historic preservation review process _ a. mitigation has been completed b. other: X Thus, we believe that "no historic properties will be affected by this undertaking. Signed '.__ ,a t -A : `tel l u.- ` Date S__ _c_ FJ9toric Preservation Division�a Jeanne M. Knapp EXHIBIT 0 LINDA LINGLE GOVERNOR OF HAWAII Ak STAITE'6F HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES January 20, 2004 HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR - LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS HAWAII HISTORIC PRESERVATION LOG NO.: 2004.0138 DIVISION REVIEW DOC NO.: 040IJK24 Applicant/Agency: Richard & Christin Grover Address: 627 S. Grape St. Denver, CO 80246 Project: Chapter 6E-42 Review (County) Planning (REZ 03-031) Change of Zone Application, Request A -20a to A -5a Location: Kaloko, North Kona, Hawai'i Island Tax Map Key: (3) 7-3-025:008 1. We believe there are no historic properties present because. a. intensive cultivation has altered the land b. residential development /urbanization has altered the land c. previous grubbing/grading has altered land d. an acceptable archaeological assessment or inventory survey found no historic properties X e. other: Likelihood of historic sites is low in this area. 2. This project has already gone through the historic preservation review process. _ a. mitigation has been completed b. other: X Thus, we believe that "no historic properties will be affected by this undertaking. Date Signed ,44istoric Preservation Division -Kona Jeanne M. Knapp LINDA LINGLE GOVERNOR MEMORANDUM DATE: January 5, 2004 1• c F "+y i. L' 1Y'+0,� 1� b Y'W(LA' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 L�- HILO, HAWAII 96721-0916 4-y TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 03-031) Applicant: Richard & Christin Grover Request: A -20a to A -5a Tax Map Key: 7-3-25:8 CHIYOME L. FUKINO, M.D. DIRECTOR OF HEALTH The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZ03-03 Lmy EXHIBIT LINDA LINGLE GOVERNOR Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: r STATE OF HAWAII DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HONOLULU, HAWAII 96813-5097 January 9, 2004 Subject: Richard & Christin Grover Change of Zone Application (REZ 03-031) Kaloko Mauka Subdivision TMK: 7-3-25: 08 Thank you for requesting our review of the subject application. RODNEY K. HARAGA DIRECTOR Deputy Director BRUCE Y. MATSUI LINDEN H. JOESTING BRIAN H. SEKIGUCHI IN REPLY REFER TO: Although we have no objections to the proposed change in zoning, we remain very concerned about the many number of past zoning and land use changes in the Kaloko Mauka Subdivision area and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the zoning and land use changes. Upgrades to the intersection should include the following: 1. Improving sight distance. 2. Illuminating the intersection at night. 3. Channelized turning movements at the intersection. It is our understanding that the intersection improvements will be implemented by the County, at no cost to the State; and all plans for improvements within the State highway right-of-way will be submitted to our Highways Division for review and approval. EXHIBIT S Christopher J. Yuen Page 2 January 9, 2004 We appreciate the opportunity to provide our comments. Very truly yours, dtODtGA Director of Transportation 77-180 KEKAI PLACE z KAILUA-KONA z HAWAt'l 96740 z 808-331-2765 z ktsc@hawaii.rccom promoting a safe environmentfor all modes ofland transportation in the districts ofNorlh and South Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 January 9, 2004 Re: Change of Zone Application (REZ 03-031) — Richard & Christin Grover Dear Mr. Yuen: The Kona Traffic Safety Committee has reviewed the subject Change of Zone Application and believes that the request, if approved, will have only a minor effect on Kaloko and Hwy 190 traffic volume. We note that the applicant acknowledges that the intersection of Kaloko Drive and Mamalahoa Highway needs to be improved, and that the applicant "will be required to contribute to the cost of these intersection improvements by paying an impact related fee." We agree that the intersection must be improved, and recommend that a stoplight be installed. We question, however, how the "impact related fee" can be imposed and where it will go, because the County Council has not yet adopted an ordinance permitting the assessment of impact fees on agricultural land. We understand also that the Kaloko Mauka homeowners have, in the recent past, objected to further subdivision, and urge you to obtain their opinions regarding this application. Sincerely yours, Joel E. Gimpel Chair, Public Affairs Cc: Leningrad Elarianoff Curtis Tyler James Arakaki EXHIBIT MOOERS ENTERPRISES, LLC P.O. Box 1 101 -�„ KAMUELA, HAWAII 96743 January 13, 2004 ,q Mr. Christopher Yuen Director, Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: CHANGE OF ZONE REQUEST RECLASSIFICATION (REZ 03-031) AGRICULTURAL 20 -ACRES TO AGRICULTURAL 5 -ACRES APPLICANTS: RICHARD AND CHRISTIN GROVER TAX MAP KEY (3) 7-3-25:008 Dear Mr. Yuen: Your staff has faxed me agency comments on the application identified above and asked that I respond. Department of Land and Natural Resources: The only division that offered comments was the Engineering Division that concurred that the subject property is located within Zone "X" on the FIRM. We concur with this assessment. Department of Health: DOH found no environmental health concerns with the application. We concur with this assessment. Kona Traffic Safety Committee: We believe that the Council has the legislative authority to assess the impact related fees collected to make improvements at the intersection of Kaloko Drive and Mamalahoa Highway. Department of Environmental Management: The applicant will comply with the comments related to solid waste Thank you for your prompt attention to this application. If you or your staff require additional information or have any questions, please contact me directly. Sincerely, ,-Grego �A. ers R. oo President GRM:Jy EXHIMT PHONE: (808) 885-6839 FAx: (808) 885-1574 ...� EMAIL: GMOOERS@HAWAII.RR.COM RGroverREZAm -1/18/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION RICHARD AND CHRISTIN GROVER CHANGE OF ZONE APPLICATION (REZ 03-031) 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 -5a) for approximately 23.208 acres of land request 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 -5a) for approximately 23.208 acres of land to subdivide the properties into four lots approximately five acres in size. The applicant intends to construct a dwelling on each of the proposed lots. Although the estimated cost of each dwelling is approximately $300,000.00, the dwellings are intended for family members and will not be marketed 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 -5a) zoned district will conform to the goals, policies and standards of the General C- S-7 Cl3,ll .147 IAC Plan Economic and Land Use elements. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Orchards. Orchards are agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus, and other similar agricultural products. 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 northwest of the intersection of Hao Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 2,800 -foot elevation. Surrounding properties are zoned A -20a, A -5a and A -3a. 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. The proposed access to the subject property is from Kaloko Drive and Hao 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 -2- below the subject property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommends the following: • Improve sight distance • Illuminate the intersection at night • Channelize turning movements at the intersection The DOT has further stated that their understanding is that the intersection improvements will be implemented by the County at no cost to the State. The DOT requests that all plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Similar comments, which would also be relevant to this application, have been provided for other change of zone requests in the Kaloko Mauka Subdivision. 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. Conditions of approval will be included to address the Department of Transportation's 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 twenty acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed -3- 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. The subject property is located at approximately the 2,800 -foot elevation. 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 -I Oa 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. 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 -5a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the Waal character of lands located within the Kaloko Mauka Subdivision zoned A -5a. The applicant has agreed to impose covenants restricting the construction of second dwelling units on each subdivided lot. The approximately five - 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 _q_ 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 4 at approximately the 2,800 -foot elevation. 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 2,800 -foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. The property is located below the elevation recommended for preservation as a habitat for the 'Alala. Although the property is located within the water recharge area, the condition will be included to retain 80% of the forest cover on the site to preserve the watershed qualities and -5- 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 memos dated November 25, 2003 and January 20, 2004, the State Department of Land and Natural Resources Historic Preservation Division has indicated that "the likelihood of historic sites is extremely low due to elevation and terrain. Please call SHPD if lava tubes or burials are uncovered during land -altering activities (327- 3691). 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 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 not covered by the 60 - foot easement; 0 • a 60 -foot wide structural setback along the existing roadways in lieu of the required 30 -foot setback along the property's public street frontage to provide an additional buffer; • at least 80% of the lot area to be retained in forest; However, while the applicant is requesting a 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 Planning Director also recommends a restriction against a second dwelling on each lot, a preparation of a conservation plan for each subdivided lot, and a "fair share" contribution to mitigate any potential impacts. 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. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources - no formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of -7- documentary records, or botanical study was included in the application. However, there are existing archaeological studies conducted of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning area: As stated by the State Department of Land and Natural Resources Historic Preservation Division, "the likelihood of historic sites is extremely low due to elevation and terrain." Possible adverse effect or impairment of valued resources: native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. 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 hghlE 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 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. 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 -5a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-2 (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. In COUN'T'Y OF HAW ORDINANCE NO. STA'I'D' OF H A 9tl L A_N 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 -5a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-25:8. 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 -5a): Beginning at the Northwesterly corner of this parcel of land, being also the Northernmost corner of Lot 4-A of Block 4 of Kaloko Mauka Subdivision, Increment 1 and being a point on the Southerly side of Hao Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 11,172.22 feet South and 1,546.28 feet West and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the Southerly side of Hao Street: 203° 51' 782.69 feet to a point; Thence, following on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: 2590 30' 30" 776.15 feet to a point; 3150 10' 396.68 feet to a point; -1- 4. 450 10' 1,370.00 feet along Lot 6 of Block 4 of Kaloko Mauka Subdivision, Increment 1 (File Plan 994) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; 1350 10' 550.00 feet along Lots 4-B and 4-A of Block 4 of Kaloko Mauka Subdivision, Increment 1 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 23.208 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part 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 I st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- CGroverREZ-1/29/04 RICHARD AND CHRISTIN GROVER CHANGE OF ZONE APPLICATION (REZ 03-031) 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; 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. 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. F. 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. G. 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: 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- 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. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50 -year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. 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. 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. J. The applicant shall prepare a Solid Waste Management Plan for the development meeting with the approval of the Department of Public Work's.i- ,� K. The applicant shall make its fair share contribution to mitigate the potential F.' regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution: ,J 1� 3 � �l shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot or unit counts are adjusted. 2. for each lot or unit shall be based on a maximum density for each lot or unit as determined by the zoning resulting from this change of zone. shall become due and payable incrementally as the proposed development is built out. 4. in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. 5. may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may contribute land, and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the approval of the appropriate agency(ies). L. 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. M. 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. 3. Granting of the time extension would not be contrary to the original -4-