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Home My WebLink AboutCOM 0669.000 2002-2004Harry Min Mayor June 21, 2004 COUNTY OF HAWAII 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakim Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 ^�. C_ Dear Chairman Arakaki and Members: — ry State Land Use Boundary Amendment Application (SLU 04-002) - Request: Agricultural to Rural Change of Zone Application (REZ 04-005) Request: A -5a to RA -2 Applicant: Nedra Roberts Tax Map Key: 6-2-11:10 State Land Use Boundary Amendment Application (SLU 04-003) Request: Agricultural to Rural Change of Zone Application (REZ 04-006) Request: A -5a to RA -2a Applicant: Gary and Betsy Queen Tax Map Key: 6-2-11:16 Change of Zone Application (REZ 04-002) Applicant: William H. McClintick Request: Agricultural (A -20a) to Agricultural (A -10a) Tax Map Key: 7-3-26:15 As required by Chapter 4, Sec. 64.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, Harry Kim Cy Mayor 1-052804may Enclosures cc: Planning Department h it) a 87 Hawaii County is an Equal Opportunity Employer and Provider Comm. No. (0(09 Ref. To: Ref. Date JUN 2 5 2004 Harry Kim Mayor June 18, 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 Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 04-002) Applicant: William H. McClintick Request: Agricultural (A -20a) to Agricultural (A -10a) Tax May Key 7-3-26:15 The Planning Commission, after a duly held public hearing on May 28, 2004, voted to recommend for your approval the proposed legislative bill to change the district classification for 25.687 acres of land from an Agricultural 20 -acre (A -20a) to an Agricultural 10 -acre (A-l0a) district. The property is located along the east side of Kaloko Drive and Makahi Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultural (A -20a) to Agricultural (A -10a) for approximately 25.687 acres of land to subdivide the properties into a 10 -acre parcel and a 15 -acres parcel. The proposed request would allow each of the co-owners to own their own lot with their existing single-family dwelling. 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The Change of Zone request from Agricultural (A -20a) to the Agricultural (A- I Oa) 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 northeast of the intersection of Makahi Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400 -foot elevation. Surrounding properties are zoned A -20a mauka of the property and A -I Oa makai of the site. 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 subdivision. The proposed access to the subject property is from Kaloko Drive and Makahi 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 two 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 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: Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 • 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 have been received 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 3,400 -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-l0a zoning requests for only Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 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 -10a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision zoned A -10a. The applicant has agreed to impose covenants restricting the construction of second dwelling units on each subdivided lot. The approximately ten and fifteen -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 8 at approximately the 3,400 -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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 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 3,400 -foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. The property is located at or near 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 March 8, 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.... Thus, we believe that no historic properties will be affected by this undertaking." 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 100 -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; Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 • a 100 -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; 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 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 and no historic properties will be affected by this undertaking." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 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 terrain and 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. In addition to the above reasons, the Planning Commission concluded that "the forest resources are valuable and one of the proposes of the rezoning is to protect those resources." Based on the above findings, approval of the Change of Zone request from Agricultural (A -20a) to the Agricultural (A -I Oa) zoned district would result in an 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fre Gald es, hairman Planning ommission LmccImtick02PC Enclosures cc: Mr. Gregory Mooers Mr. William H. McClintick Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Hawaii County is an Equal Opportunity Employer and Provider WcClin[ickREZ. doc-3/ 12/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WILLIAM H. McCLINTICK CHANGE OF ZONE APPLICATION (REZ 04-002) WILLIAM H. McCLINTICK has submitted an application for a Change of Zone from Agricultural (A -20a) to Agricultural (A -5a) for approximately 25.687 acres of land. The property is located along the east side of Kaloko Drive and Makahi Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-26: 15. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone from Agricultural (A -20a) to Agricultural (A -I Oa) to subdivide the properties into a 10 -acre parcel and a 15 -acre parcel. The proposed request would allow each of the co-owners to own their own lot with their existing single-family dwelling. William H. McClintick and Pamela Crosby are the owners of the subject property. (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. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawai'i lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. The property is located approximately seven (7) miles mauka of the shoreline at the 3,400 -foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 8. Special Management Area (SMA): The Special Management Area is a part of the C-6109 (6 11 )_�7) PC. Coastal Zone Management Program and regulated by the County. The property is 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 3,400 -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 -10a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000 - foot elevation and include the conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standards of the General Plan. (See Exhibit A included within the application) DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is an approximately 25.687 -acre parcel located on Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400 -foot elevation. A single-family dwelling presently under construction and a workshop is on -2- proposed lot 2-A and there is a single-family dwelling and a shed on proposed lot 2-B. The property has an approximate 6-20% slope. 12. Surrounding Zoning/Land Uses: Lands to the north, east and south of the property are zoned A -20a. Properties to the west or makai of the site are zoned A-1Oa, and are in low- density residential uses surrounded by forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Goma abut the subdivision to the north from the 2,100 to 3,500 -foot elevation. Bishop Estate lands of Kaupulehu surround the subdivision to the north at the 3,500 to 5,400 -foot elevation. These lands are currently used by Hualalai Ranch. The Kaupulehu Forest Reserve is located mauka (east) of the subdivision. 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 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 -3- 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 8, at approximately the 3,400 -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 3,400 -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 memos dated November 25, 2003 and March 8, 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. Thus, we believe that no historic properties will be affected by this undertaking." 20. Cultural Resources: According to the landowners who reside on the property, no valued cultural, historical or natural resources exist on the properties and there are no 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. PUBLIC UTILITIES AND SERVICES 23. Access: Access to the subject property is proposed from Kaloko Drive and Makahi Street, both 22 -foot wide paved roadways with 8 -foot grass shoulders within an 80 -foot right-of-way. Kaloko Drive intersects with the Mamalahoa Highway approximately two -4- 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 uses 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. AGENCIES' COMMENTS 27. Department of Public Works: (See Exhibit B - March 4, 2004 Memo and March 9, 2004 Applicant's Response Letter) 28. Department of Environmental Management: (See Exhibit C - February 11, 2004 Memo) 29. Real Property Tax Office: (See Exhibit D - February 12, 2004 Memo) 30. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit E - March 8, 2004 Memo) 31. Department of Land and Natural Resources Land Division: (See Exhibit F - March 5, 2004 Letter) 32. Department of Transportation: (See Exhibit G -February 25, 2004 Letter) 33. Land Use Commission: (See Exhibit H - February 23, 2004 Letter) AGENCIES - NO COMMENTS 34. Police Department, Fire Department AGENCIES - NO RESPONSES 35. Department of Water Supply, Department of Health, Natural Resources Conservation Service, Kona Traffic Safety Committee -S- APPLICANT'S RESPONSE TO AGENCIES 36. (See Exhibit I - March 7, 2004 Letter) PUBLIC COMMENTS 37. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. 0 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) ° 7 APPLICANT: William H. McClintick APPLI.CANT'S SIGNATURE: 0k f, (r DATE: 12/31/03 ADDRESS: P.O. Box 3502 Kailua-Kona, Hawaii 96745 LIST APPLICANT'S INTEREST IF NOT OWNER: Co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.)325-6796 (Fax)325-6796 LANDOWNER(S): William H. McClintick Trust and Pamela Crosby LANDOWNER SIGNATURE(S): 0r -C1 (t— DATE: 12/31/03 i (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 3502 Kailua-Kona, Hawaii 96745 REQUEST: Agricultum120-acres (a -20a) TO Agricultural 10 -acres (A -10a) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-026:015 STREET ADDRESS OF PROPERTY: Kaloko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 25.687 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC P.O. Box 1101 r Kamuela, Hawaii 96743 k TELEPHONE: (Bus.)8856839 (Res.)885-7126 (Fax)885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory R. Mooers COPIES: William H. McClintick (See Instructions on Reverse Side) EXHIBIT ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If you intend to subdivide, please submit a preliminary schematic If yes, please answer the rest of question 1 and then to question 3. together with your change of zone application a. How many acres of the requested area do you intend to subdivide? 25.687 ac form. b Into what lot sizes? 10+ acres C. If your request is approved, approximately how long after the J tJ 2. If you have intend to: no firm plans date of approval do you expect to submit your subdivision plans of subdividing the to the Planning Department for preliminary approval? immediate a• d. Do you intend to build houses on the newly created lots? exist to someone who If yes, please answer the following questions: firm plans? b. On how many of those lots? 2 j to At what approximate price range? House has tentative plans? Lot Sell or {Total land to Not for sale has no plans? Approximately how long, after approval of the subdivision, d. Keep it? would the first house be available for occupancy? built If you intend to subdivide, please submit a preliminary schematic e. P. D. 2 5/84 subdivision plan together with your change of zone application form. J tJ 2. If you have intend to: no firm plans of subdividing the subject area, do you 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. P. D. 2 5/84 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. ?• Do you think that your request and your further plans for the land will alleviate the local housing situation? No How? There are already two homes on the subject property. The proposed action will not add additional homes. 9, Are there any buildings on the subject area? Yes If so, what kind? Two single-family dwellings. What do you intend to do with those buildings if your request is approved? They will remain the residencecs of the two owners. S. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. I 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? What kinds of commodity? Forest b. Suitability of the proposed lot -size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. Forest 7• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. B• 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? a. Schools C Sewer d. Drainage -3- Yes No Yes e. Police Protection f. Fire Protection g, Recreational Facilities h. Public Utilities I Other we, X X X X For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Qn'ti.(e- Address : P.O. Box 3502 Kailua-Kona, Hawaii 96745 Telephone: 325-6796 Date: 12/31/03 -4- TABLE OF CONTENTS Page CHANGE OF ZONE APPLICATION CHANGE OF ZONE QUESTIONNAIRE TABLE OF CONTENTS A. SUBJECT REQUEST 1. Details of Proposed Uses/Development.................................. 1 B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation .................................................. 3 3. Applicable Goals/Policies and Objectives of the General Plan........ 3 4. General Plan Designation................................................... 6 S. County Zoning Code ......................................................... 6 J 6. Community Development Plan ............................................... 6 7. Special Management Area ................................................... 6 S. Chapter 205A: Coastal Zone Management Act ........................... 6 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. .. . ............................................ 10 Surrounding Lands.................................................................. 11 D. PUBLIC FACILITIES AND SERVICES Access.................................................................................. 12 i L Water Service .................................... . ............ . .............. 12 Wastewater Disposal ..................................... r ........................ 12 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: ............................. 13 2. Mitigative measures proposed to avoid, minimize, rectify 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: ............................ 14 F. PROPOSED FINDINGS ......................................................... 15 G. EXHIBITS A. Resolution No. 58 97 B. Determination of "No Effect" from SBPD C. Location/Vicinity Maps D. Change of Zone Exhibit E. Site Photographs ii i COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultural 20 -acres (A -20a) to Agricultural 10 -acres (A -10a) APPLICANT: William H. McClintick TAX MAP KEY: (3) 7-3-026:015 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Development. a. Project Description: The subject property is a 25.687 acre parcel located on the northeast intersection ofMakahi Street and Kaloko Drive at approximately the 3200 feet elevation. It is identified as Lot 2, Block 8, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6-20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. b. Statement of objectives and reasons for the request: The owners propose to subdivide the existing lot into two lots approximately 15+ and 10+ acres in size. Please see the rezoning exhibit. These lots are intended to be residential/agricultural lots for the applicant himself and Pamela Crosby, the co-owner. A single -family -home already exists on each of the two proposed lots so there will be no increase in density with the proposed action. The proposed action will allow each of the co-owners to own their own lot with their existing single- family dwelling. 1 c. Number of acres: 25.687 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 a 15+ acre parcel and 10+ acre parcel. The parcel presently has a single-family dwelling on proposed lot 2-13 and a single-family dwelling under construction on proposed lot 2-A. There is a workshop on proposed lot 2-A and a shed on proposed lot 2-B. All structures are permitted and the second dwelling is permitted under an Ohana Permit. 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 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; a 30 -foot "forest reserve easement" along all lot lines not covered by the 60 -foot easement; and a 100 -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 zero since both of these homes are already constructed. vi f. Parking arrangement: Parking for the lots created will be accommodated on each site as required by the Zoning Code. 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 zero. The subdivision of this property into two lots will add no additional residential units to the subdivision therefore there will be no increase in traffic. h. Proposed on-site and off-site infrastructure: Since there will be no increase in the number of dwelling units, the applicant does not believe any improvements to off-site infrastructure is required. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the General Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. ECONOMIC GOALS o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. 3 The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. POLICIES o The County of Hawaii shall assist the expansion of the agricultural industry, especially 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 opportunity for 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. J o The County shall idents and encourage primary industries that are i consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following J goals, policies and objectives of the Land Use Element of the General Plan. LAND USE Through the careful analysis and examination of past and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS 0 Designate and allocate land uses in appropriate proportions and mix and al in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. o The county shall encourage the development and maintenance of 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 of public 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 o Zoning shall protect and maintain important agricultural lands 6 from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County. o The County shall assist in the development of basic resources such as water, roads, transportation and distribution facilities for the agricultural industry. o The County shall coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. o Rural -style residential -agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. o The County shall develop subdivision standards which make a distinction between agricultural and urban land uses. 4. General Plan Designation: Orchards -"Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." i 5. Zoning: Agricultural 20 -acre (A -20a). The Purpose of this application is to change the zoning to Agricultural- I Oacre (A -10a). This request is consistent with Hawaii County Council Resolution No. 58 97. (See Exhibit A). 6. Community Development Plan: This area is not covered by the Kona Regional Plan. 7. Special Management Area: The property is not located within the County of Hawaii's Special Management Area. 8. Chapter 20SA: Coastal Zone Management Act: The subject property is located approximately 7 miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject 0 property, which does not include any additional dwellings, 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 a25.687 acre parcel 1 located on the northeast intersection of Makahi Street and Kaloko Drive at approximately the 3200 feet elevation. It is identified as Lot 2, Block 8, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. The property is heavily forested with slopes of 6- 20%.The mean annual rainfall according to USGS Report R-47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for conventional agricultural uses. There are two single-family homes, a workshop and shed 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% 7 has been covered by lava in the last 750 years. "Zone 4 includes all of Hualalai, where the frequency of eruptions is lower than on Kilauea and Mauna Loa. Flows typically cover large areas." 12. Distance from coastline: The subject property is approximately 7 miles east of the coastline at Puhili Point. 13. Agricultural Lands of Importance in the State of Hawaii (ALSIH) designation: Soils within the subject property are classified as "Other important Agricultural Lands" by the ALISH system. 14. 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 6 1 pasture. 15. The Land Study Bureau soil rating: Soils within the subject property are classified as `8270" (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'; j- elevation -2,000 to 3,500 feet; machine tillability- unsuited for machine tilling. t 16. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500 -year flood plain. 17. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. N 18. 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: 19. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area at the 3200 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. 20. The State Historic Preservation Division issued a "no -effect' determination dated November 25, 2003. A copy is enclosed in the exhibits. Natural Resources: 21. 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, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native. The proposed development has the potential 7 to alter the mixture of plant life, however the low density of development and previously applied zoning conditions will assure continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the Alala, an endangered bird whose population has reached an extremely critical state. The central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding Alala. The Plan recommends that portions of the lands of Kaloko above the 3,200 feet elevation be designated as essential habitat for the Alala. 22. Cultural Resources: According to the owners, who reside on the property, no valued cultural, historical or natural resources exist on the subject property and no gathering is taking place. To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action, which I does not include any additional construction, will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 23. 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. No additional construction is proposed as a result of the change of zone action. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all existing structures will be well buffered from neighboring properties and the roadway. Social -Economic Characteristics: 24. 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, 10 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. 25. 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. 26. 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: 27. 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 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. 11 28. Zoning: The property in the immediate vicinity of the subject parcel is zoned A -10a to the north and A -20a elsewhere. Properties within the subdivision at lower elevations are zoned FA -3a and A -5a. D. PUBLIC FACILITIES AND SERVICES 29. Description of access: The access to the subject property is from Kaloko Drive and Makahi Street, 22 foot wide paved roadways with 8 foot grass shoulders within 80 foot right-of-ways. Access to proposed lot 2-A is from Makahi Street and access to proposed lot 2-13 is from Kaloko Drive. These access points have been in place for years, and no additional access is being requested as a result of this action. Kaloko Drive intersects with Mamalahoa Highway approximately 3 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 30. Availability of Water. Water is provided to the site from the Department of Water Supply via an 8" line on Kaloko Drive. There are two existing meters, one meter for each of the existing single-family dwellings. 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 4 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. 31. Sewage disposal: The applicants use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH). 12 32. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe, west of the project site by the lot owners. The applicants intend to continue to use this existing transfer station for both lots. 33. Police and fire protection: This area is served by police and fire stations located approximately 5 miles to the southwest of the site in Kailua and Kealakehe. All roadways are paved, with adequate width and are accessible for emergency service vehicles. 34. Schools: The project site is located about four miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 35. 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. 36. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services are available to the subject property as well. E. ENVII20NMENTAL 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. No construction is being proposed as a result of this change of zone action. 13 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact. Single-family dwellings exist on both lots. All structures on the site comply with all governmental regulatory controls. All structures and infrastructure improvements constructed 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 100 -foot "forest reserve easement" for buffer purposes along the existing roadway. b. A 100 -foot structural setback 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. ..l 3. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel jointly owned. This would not allow the subdivision of the parcel which would allow each owner to have a separate lot with their home. 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. No construction is proposed as part of this action. Therefore it would not involve the irreversible and irretrievable commitment 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. 14 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; no impact on public facilities and services; no impact on the environment; the applicant requests a favorable consideration of this change of zone application. 15 j 1 i 1 Resolution No. 58 97 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 -Coot 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 cbange of zone requests for AA Oa 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 finds that a maximum density of two dwellings per tweny acres for lands within the Kaloko Mauka subdivision above the 3,000 -foot elevation with the following y 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: J A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: A 100 -toot 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 tu:lic 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 covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. D. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources, the State a Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Management Program. r 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of final subdivision approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of final subdivision approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of t ,e 'gest management plan or the recording of the restrictive covenant(s), the refc:estation program for any cleared or grubbed J area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50 -year period has elapsed by amending this ordinance requiring County Council approval by ordinance. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Commission consider favorable recommendations for A -I Oa zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000 -foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standards of the General Plan are met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yaashiro, Mayor; Kevin Balog, Planning Commission Chairman; and m Virginja Goldstcin, Planning Director. Dated: Hilo, Hawaii, this Znd day of .lune , 1997. DILT/CES INTRODUCED COUNTY COUNCEL ROLL CALL VOTE County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the +otc indicated to the right bene of adopted by the COUNCIL of the County of Hawaii on June 21 1997 COUNTY CLERK CHAHtMAN a rRE5Wn4ti vFFICER Reference CGZ19.04/PC-53 RESOLUTION NO. J S 97 f DRAFT 3: AYES NOES ABS EX A uictm X Cttune X LEiTHFAPTODD X RAY X REYNOLDS X SWTANCELO 5(WT8 I X IX TYLER Y, r'mEL X X 4_0 8 0 Reference CGZ19.04/PC-53 RESOLUTION NO. J S 97 f DRAFT 3: I EXHIBIT B j Determination of "No Effect" by SHIM 2 Ili 41 LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION 25, 2003 KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVATION DIVISION REVIEW Applicant/Agency: Address: Mooers Enterprises P.O. Box 1101 Kamuela, HI 96743 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR -LAND ERNEST V.W. LAU OEPUTY DIRECTOR. WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATON AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND MWUFE HISTORIC PRESERVATION NAIKIOLAW£ ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO.: 2003. 2089 DOC NO.: 0311 JK22 Project: Chapter 6E-42 Review (County) Planning Change of Zone -Request for "no effect" determination Kaloko Mauka Subdivision/McClintock Location: Kaloko, North Kona, Hawai'i Island Tax Map Key: (3) 7-3-026.015 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 _Xe. 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 Date istoric Preservation Divis Jeanne M. Knapp 9 i H EXHIBIT C LocationNicinity Maps v N 4 w WJO)V On{ 1) MAKAHI T,Q �F J/yc'S" 'o'f'T HALEAMAG/� STREET 2F 4 - s (KALOKO DRIVE y�P VICINITY MAP SCALE: 1 INCH = 1,000 FEET ti I i 1 16 EXHIBIT D Change of Zone Exhibit J i J e EXHIBIT E Site Photographs DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 4, 2004 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief Engineering Division SUBJECT Change of Zone Application (REZ 04-002) Applicant: William H. McClintick Location: Kaloko, N. Kona TMK: 3 / 7-3-26: 015 We reviewed the subject application for change of zone from A -20a to A-1 Oa and our comments are as follows: All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. Access to a County Street including the provision of adequate sight distances, shall comply with Chapter 22 of Hawaii County Code and the approval of DPW. Should fair share contributions be assessed for roads and traffic, they should be dedicated to improving the impacted facilities. An account for improvement of the Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted contributions from previous zoning amendments. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA EXHIBIT B MOOERS ENTERPRISES, LLC P.O. BOX 1 101 KAMUELA, HAWAII 96743 ': 1 ;-11 j, ?7. r) 1 93 March 9, 2004 Mr. Christopher Yuen Director Planning Department County of Hanvai; 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 04-02) Request: A -20a to A -10a Applicant: William H. McClintick Tax Map Key: 7-3-26:15 Dear Mr. Yuen: Your staff has faxed me comments from Public Works on the application identified above and asked that I respond. The applicant will comply with the regulations related to earthwork, grading and sight distances. I note that both driveways are already installed and both single family dwellings are already constructed. Should you or your staff have any question or need additional information, please contact me at 885-6839. Thank you for your prompt attention to this application. Sincerely, Gregory R. Mooers President GRM/sp Copy: Department of Public Works PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERSLaHAWAII.RR.COM `OJNiV Or M.��9 Harry Kim : • Barbara Bell Mayor Director ♦rr OF •MPJ1 7 Crrnntvr of�tttlttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 -•�' (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date February 11, 2004 To CHRISTOPHER YUEN, Plannin D' ector From BARBARA BELL, Directogh SUBJECT: Change of Zone Application (REZ 04-002) Applicant: William H. McClintick Request: Agricultural (A -20a) to Agricultural (A -10a) TMK: 7-3-26:15 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: 14--/ ( --�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 ( ) Commercial operations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( ) Ample room should be provided for recycling. ( ) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo transfer stations. Other: CC: SWD 4935 EXHIBIT y Harry Kim Mayor os wear i County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX _.,. 865 Piilani Street Hilo, Hawaii 96720-4679 • Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 Date: 2/12/04 To: Planning Director Tax Map Key: 7-3-026-015 From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ® There are no comments at this time Remarks: Appraiser to Contact: MICHAEL A. D'AMICO Phone: 327-3542 Comments from the collection section: ❑ Status of real property taxes: 0 Current ❑ Delinquent/ Amounts $ Amount includes tax, penalty, & interest up to Remarks: Real Property taxes are paid through December 31, 2003. Collection personnel to contact: Winifred Todd, Tax Clerk Phone: 961-8284 EXHIBIT William Takaba Finance Director LINDA LINGLE GOVERNOR OF HAWAII n m STATE OF HAWAII DEPARTMENT OF LAND' AND NATURAL RESOURCES -- HISTORIC PRESERVATION DIVISION 8, 2004 KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVATION DIVISION REVIEW Applicant/Agency: Address: William H. McClintock P.O. Box 3502 Kailua-Kona, HI 96745 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 FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOIAWE ISLAND RESERVE COMMISSION AND STATE PARKS L OC.NO.. 2004.0537 DOC NO.: 0403JK06 Project: Chapter 6E-42 Review (County) Planning (REZ 04-002) Change of Zone Application Applicant: William H. McClintock Request: Agricultural (A -20a) to Agricultural (A -I Oa) Location: Kaloko, North Kona, Hawai'i Island Tax Map Key: (3) 7-3-026: 015 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: Elevation of subject property suggests historic properties unlikely. 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'l;'r� Date H storic Preservation Division` -I{ a r' Jeanne M. Knapp EXHIBIT E LINDA LINGLE GOVERNOR OF HAWAII REZ04-002.RCM PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR - LAND DM 11 1 1 05 I STATE OF HAWAIIC` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION,,;44.j, Honorable Christopher J. Yuen Planning Director POST OFFICE BOX 621 HONOLULU, HAWAII 96809 March 5, 2004 County of Hawaii, Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: Change of Zone Application - I.D. No.: REZ 04-002 Applicant: William H. McClintick Authority: County of Hawaii Planning Department TMK: (3) 7-3-026: 015 (Koloka Mauka Subdivision) ERNEST Y.W. LAV DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES C0441SSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL "NOS - CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAW E ISLAND RESERVE COMMISSION LAND STATE PARKS Thank you for the opportunity to review and comment on the subject matter. LD -NAV 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. Based 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: HDLO LINDA LINGLE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION Ref.: REZ 04-002.CMT MEMORANDUM: POST OFFICE BOX 621 HONOLULU, HAWAII 96809 February 13, 2004 PETER YOUNG CIA;i . KPSON BLAND OF ND AND IIATURAL RESOURCES COMWSSNNR ON WATER RESOURCE MAN\GEMEM DAN DAVIDSON oEPurY DUTEcroR-WD ERNEST Y.W. LAU DEPUEY DIRECTOR - WATER AOUATICRESOURCES BOATING AND OCEAN RECREATI011 BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMEN, CONSERVATION AID COASTAL LANTS CONSERVATDN AE INIERING ENFDTCEMEM ENGINEERING FORESTRY AND IFE HISTORICSERVATION KNOOUWE ISLAND MSERV COMMSSION AND STAIE PARKS Suspense Date: 2/27/04 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 *XXX Office of Conservation and Coastal Lands XXX Land -Hawaii District Land Office (DD) FROM: Dierdre S. Mamiya, Admini ratoi r Land Division SUBJECT: CHANGE OF ZONE APPLICATION Request: Agricultural (A -20a) to Agricultural (A -10a) I.D. No.: REZ 04-002 Authority: County of Hawaii Planning Department Applicant: William H. McClintick TMK: (3) 7-3-026: 015 (Koloka Mauka Subdivision) Please review the document pertaining to the subject matter and submit your comments (if any) on Division letterhead signed and dated by the suspense date. *Note: One (1) 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: (JE�J//7(e/7YYiG) Date: FEB 2 4 2004 (A Comments attached. Signed: Print Name: RIC T.NIRANQ,(HIEFWINEER DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LA/NAV ReL: 1M m4--042-amT COMMENTS We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone. O 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 _ O 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. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and 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 minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Robert Sumimoto at (808) 5234254 or Mr, Mario Siu Li at (808) 523-4247 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Kelly Gomes at (808) 961-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona) of the County of Hawaii, Department of Public Works. O Mr. 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 fust 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 () Other: Should you have any questions, please call Mr. Andrew Monden of the Planning Branch at 587-0229. 4�Signed: �• EMC T. H^IRANO, CHIEF ENGINEER Date: LINDA LINGLE GOVERNOR art 9 "STATE OFHAWAII DEPARTMENT OF TRANSPORTATION 868 PUNCHBOWL STREET HONbLULU, HAWAII 96813-5097 February 25, 2004 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: Subject: William H. McClintick Change of Zone Application (REZ 04-002) TMK: 7-3-26:15 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: STP 8.1041 The application seeks to split one parcel so that two separate existing houses can be situated on their own lots. 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: Improving sight distance. 2. Illuminating the intersection at night. Channelized turning movements at the intersection. All improvements should be made at no cost to the State and all plans for improvements within the State highway right-of-way must be submitted to our Highways Division for review and approval. EXHIBIT Mr. Christopher J. Yuen Page 2 February 25, 2004 STP 8.1041 It as been our understanding that the County will be pursuing the required improvements at the intersection. If you have any questions on this matter, please contact Ronald Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. We appreciate the opportunity to provide our comments. Very truly yours, RrODI $� K. LSP RAGA Director of Transportation LINDA LINGLE GOVERNOR r) r C) STATE OF HAWAII r DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P0. Box 2359 Honolulu, Hawaii 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 February 23, 2004 Mr. Christopher Yuen, Director Planning Department County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 04-002) William H. McClintick Agricultural (A -20a) to Agricultural (A -10a) Tax Map Key: 7-3-26:15 ANTHONY J.H. CHING EXECUTIVE OFFICER We acknowledge receipt of your February 10, 2004 memorandum regarding the above subject application. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgment of the County of Hawaii in this matter. We have no further comments to offer at this time. Thank you for the opportunity to comment on the subject project. Please feel free to contact me at 587-3822 should you require clarification or any further assistance. Sincerely, ANTHONY J. H. C I G Executive Officer EXHIBIT March 7, 2004 Mr. Christopher Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 MOOERS ENTERPRISES, LLC P.O. BOX i 101 KAMUELA, HAWAII 96743 Re: Change of Zone Application (REZ 04-02) Request: A -20a to A -10a Applicant: William H. McClintick Tax Map Key: 7-3-26:15 Dear Mr. Yuen: Your staff has faxed me comments on the application identified above and asked that I respond. The Department of Environmental Management, Fire Department and Land Use Commission had no comments and no response is required. The Real Property Tax Office noted that the property taxes for the subject property have been paid. The Department of Transportation has commented about impacts to the intersection of Kaloko Drive and Mamalahoa Highway. We disagree with these comments. Since there are already two homes on the subject property and the change of zone is not requesting any further development, there is absolutely no impact from the proposed change of zone action. Should you or your staff have any question or need additional information, please contact me at 885-6839. Thank you for your prompt attention to this application. Sincerely, GregoryR. Mooers President GRMUsp Copy: Department of Transportation EXHIN't- " PHONE: (808) 885-6839 FAx: (808) 885-1574 EMAIL: GMOOERSOHAWAII.RR.COM RMcC1intickREZ.dm -3/12/04 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION WILLIAM H. McCLINTICK CHANGE OF ZONE APPLICATION (REZ 04-002) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural (A -20a) to Agricultural (A -10a) for approximately 25.687 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 -10a) for approximately 25.687 acres of land to subdivide the properties into a 10 -acre parcel and a 15 -acres parcel. The proposed request would allow each of the co-owners to own their own lot with their existing single-family dwelling. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural (A -20a) to the Agricultural (A -10a) zoned district will conform to the goals, policies and standards of the General Plan Economic 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 northeast of the intersection of Makahi Street and Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,400 -foot elevation. Surrounding properties are zoned A -20a mauka of the property and A -I Oa makai of the site. 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 subdivision. The proposed access to the subject property is from Kaloko Drive and Makahi 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 two miles below the subject property. The Department of Transportation (DOT) is concerned about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative -2- 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 have been received 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 -3- systems. The subject property is located at approximately the 3,400 -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 -I Oa zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural character of lands located within the Kaloko Mauka Subdivision zoned A-1Oa. The applicant has agreed to impose covenants restricting the construction of second dwelling units on each subdivided lot. The approximately ten and fifteen -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 -4- 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 8 at approximately the 3,400 -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 ofthe '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 3,400 -foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. The property is located at or near 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 -5- 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 March 8, 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.... Thus, we believe that no historic properties will be affected by this undertaking." 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 100 -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 100 -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; 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 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 and no historic properties will be affected by this undertaking." 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 terrain and 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 -7- 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 -10a) 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. -8- CMcClintickREZ-3/ 17104 WILLIAM H. McCLINTICK CHANGE OF ZONE APPLICATION (REZ 04-002) CONDITIONS OF APPROVAL A. The applicants, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this change of zone. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: a 100 -foot wide "forest reserve easement" along the existing roadway frontages of the subject property, exclusive of the access point permitted by the Department of Public Works; 2. a 30 -foot "forest reserve easement" along all lot lines not covered by the 100 -foot easement; and 3. 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 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. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director -2- for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty percent (20%) of the subject property has been cleared or grubbed prior to the submittal of the forest management plan or the recording of the restrictive covenant(s), the reforestation program for any cleared or grubbed area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of Final Subdivision Approval. 4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50 -year period has elapsed by amending this ordinance requiring County Council approval by ordinance. 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. 1. 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 Environmental Management. K. The applicant shall make its fair share contribution to mitigate the potential -3- regional impacts of the subject property with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated for each such lot, and shall become due and payable prior to Final Subdivision Approval for any portion of the subject property. The fair share contribution shall be allocated to road impacts and be in the form of cash and/or in kind services approved by the Planning Director and shall be applied to improving the Kaloko Drive/Hawaii Belt Road intersection. The fair share contribution shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Price Index (HPI). For purposes of administering this condition, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the appropriate agencies. Upon approval of the fair share condition, the director shall submit a final report to the Council for its information that identifies the specific approved fair share contribution, as allocated, and further implementation requirements. 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. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -4- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -5-