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HomeMy WebLinkAboutCOM 0174.000 2004-2006 ~J»tv^or N,~'' Harry Kim ' ~ ~eq• Dixie Kaetsu A4nyor Mnnngittg Director ; Peter L. Hendricks ?~r~ oi•N~'~~ Deputy Mannging Director COUNTY OF HAWAII ZS Aupuni Street, Room 215 H91o, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakim Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Faz (808) 326-5663 March 15, 2005 Gary Safarik, Chairman and - Members of the Hawaii County Council - ; County of Hawaii 25 Aupuni Street _ Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: Change of Zone Application (REZ 04-032) Applicant: Kimi Cook-Walls and Robert Walls Request: A-Sa to FA-3a Tax Map Key: 5-9-6:5 Change of Zone Application (REZ 04-029) Applicant: Kristina Deutsch Request: A-20a to A-] Oa Tax Map Key: 7-3-26:11 Change of Lone Application (REZ 04-030) Applicant: Bruce B. Easley Request: A-20a to A-l0a Tax Map Key: 7-3-27:7 Change of Zone Application (REZ 04-031) Applicant: Matthew K. Mather Request: A-20a to A-l0a Tax Map Key: 7-3-27:6 Proposed Amendment to Chapter 25 (Zoning Code) Commercial Excavation in MG District As required by Chapter 4, Sec- 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~~~v ~ ` HanyKim I ~y' Ct./ Mayor Comm. No. Ref. To: Enclosures Ref. Uate cc: Planning Department ~ 0 6 ~ > Iluwai'i County is an F.yual Opportunity F.mptriycr and Provider ON~V Of /ff'L OJ"" ~4 Harry Kim ~7 Mayor ' ~ ~l7•~ ti~ ro ~r Tf Of N~ County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 967203043 (808)961-8288 Fax (808)961-8742 March 14, 2005 _ Gary Safarik, Chairman and Members of the County Council - County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Gary Safarik and Council Members: Change of Zone Application (REZ 04-030) Applicant: Bruce B. Easley Request: A-20a to A-I Oa Tax Map Key: 7-3-27:7 The Planning Commission, after a duly held public hearing on February 18, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultura120-acre (A-20a) to an Agricultural 10-acre (A-l0a) district for approximately 20.254 acres of land. The property is located along the north side of Kaloko Drive, approximately 2,600 feet southwest of the Kaloko Drive-Kapehe Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant is requesting a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 20.254 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot. Each dwelling is estimated to cost approximately $350,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the Hawaii County is an Egual Oppor[unity Provider and Employer Gary Safarik, Chairman and Members of the County Council Page 2 General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz azeas in the County. The Change of Zone request from an Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) 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 Important Agricultural Lands. Soils within the property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well drained, thin, extremely stony organic soils over fragmental A'a lava and used primarily for woodland and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the property as "E" or "Very Poor" for agricultural productivity. The property is designated Other Important Agricultural Land (DIAL) by the Agricultural Lands in the State of Hawaii (ALISH) System. OIAL is land 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 azea determined to be outside of the 500-yeaz flood plain. The property is located on the north side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,800-foot elevation. Surrounding lands are zoned Agricultura120-acre (A-20a) and in low-density residential uses surrounded by pasture and forest land. There aze some small pasture and nursery azeas within the subdivision. The forest lands of Makaula-Ooma 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 site is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 3.5 miles below the 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. In the review of other similar change of zones in the Kaloko Mauka Subdivision, the DOT has stated that the intersection must be improved due to the additional traffic and activity on the roads from Gary Safarik, Chairman and Members of the County Council Page 3 the cumulative effect of the land use change, and recommended the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements. The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. Similaz 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 zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. Conditions of approval will be included to address the Depaztment of Transportation's concerns. On June 2, 1997 the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundazies within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. The Resolution recommended that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standards of the General Plan. The Planning Commission recognizes that forest preservation is part of the General Plan and has determined that the proposed reclassification is consistent with this General Plan goal. In this regard, the reclassification would also support the County Council's position on rezoning of lands within the Kaloko Mauka Subdivision as articulated in its Resolution No. 58 97. Gary Safarik, Chairman and Members of the County Council Page 4 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 Important Agricultural Lands designation by the General Plan LUPAG Map. The requested A-l0a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural chazacter of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. According to the applicant, the site is presently heavily forested with native trees and shrubs such as ohia, tree fem, other native trees and shrubs, and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native species. The proposed development has the potential to alter the mixture of plant life, however, the low density of the proposed development and conditions applied to previous 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 pazcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 9 at approximately the 3,800-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. The property is located at the elevation recommended for preservation as a habitat for the 'Alala. As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Research Center recommends that the high rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the Conservation District for protection as a watershed recharge area. The Kona Watershed, which provides for the recharge of aquifers which supplies most of Kona's drinking Gary Safarik, Chairman and Members of the County Council Page 5 water, includes those lands located within the Kaloko Mauka Subdivision and situated above the 1,900 foot elevation, which includes the subject property. The subject property, located at the 3,800-foot elevation, does not seriously compromise the recommendations ofthese studies beyond existing conditions. 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 azea. 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 Pazk Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated October 26, 2004, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." 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 chazacter within the subject azea, 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 as a buffer between parcels; 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; • a restriction against a second dwelling on each lot; Gary Safarik, Chairman and Members of the County Council Page 6 • a conservation plan to be prepared for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts. Conditions will be included to preserve the forest corridor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of a second dwelling on each lot, a prepazation 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 Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately eight miles mauka of the shoreline and therefore will not be impacted by coastal hazazd 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 property 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 azchaeological 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 of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, the parcel is located at the 3,800-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. • Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. According to the applicant, there is no evidence that the flora in the area are particularly desired or used For cultural practices. Gary Safazik, Chairman and Members of the County Council Page 7 • Feasible actions to protect native Hawaiian ri ts: According to 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 sepazate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,100-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 Depaztment of Health. All other essential utilities and services aze or will be made available to the site. Based on the above findings, approval of the Change of Zone request from an Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfaze. For your favorable consideration, an amendment to Section 25-8-2 (North & South Kona District Zone Map), of the County Zoning Code is transmitted. Gary Safarik, 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, Fred Galdones, Chairman Planning Commission Leasley02pc Enclosures cc: Mr. Gregory R. Mooers Mr. Bruce R. Easley Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natura] Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BEasiey2REZ. doc-12/ 15/04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT BRUCE B. EASLEY CHANGE OF ZONE APPLICATION (REZ 04-0301 BRUCE B. EASLEY has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 20.254 acres of land. The property is located along the north side of Kaloko Drive, approximately 2,600 feet southwest of the Kaloko Drive - Kapehe Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: 7-3-027: 007. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Change of Zone from Agricultura120-acre (A- 20a) to Agricultural 10-acre (A-l0a) to subdivide the property into two parcels approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot. Each dwelling is estimated to cost approximately $350,000. Bruce B. and Austin K. Easley aze the landowners of the property. (Exhibit A -Change of Zone Application) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural. 3. GP LUPAG Map: Orchazds. 4. County Zoniug: Agricultural 20-acre (A-20a). 5. Kona Regional Plan: Agricultural. 6. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The property is located approximately eight (8) miles mauka of the shoreline at the 3,800-foot elevation level and therefore, will not be impacted by coastal hazard and beach erosion. 7. Special Management Area (SMA): The Special Management Area is a part of the 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 resowces, public access to the shoreline or ATTACH: Corm. 174 Bill 62 mountain azeas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the azea. 8. County Council Resolution No. 58 97: On June 2, 1997 the County Council adopted Resolution No. 58 97, regazding the Council's policy relating to the rezoning of district boundazies within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. The Resolution further recommended that the Planning Commission consider favorable recommendations for A- l0a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the conditions as stated within Resolution No. 58 97, provided that the request complies with the other goals, policies, and standazds of the General Plan. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 9. Subject Property: The property is an approximately 20.254-acre vacant parcel located on the west side of Kaloko Drive in the Kaloko Mauka Subdivision at the 3,800-foot elevation. The site is heavily forested with slopes of 6-20%. 10. Surrounding Zoning/Land Uses: Surrounding lands aze zoned Agricultura120-acre (A- 20a) and in low-density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north from the 2,100 to 3,500-foot elevation. Bishop Estate lands of Kaupulehu 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. 11. ALISH: Other Important Agricultural Lands. 12. Land Study Bureau's Detailed Land Classification System: "E" or "Very Poor". 13. 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. 14. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 15. Flora/Fauna Resources: According to the applicant, the site is presently heavily -2- 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. 16. 'Alala Recovery Plan: The 'Alala Recovery Plan dated October 28, 1982, prepazed 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 to 3,400-foot elevation, including all parcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 9, at approximately the 3,800-foot elevation. Once such a habitat is established, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. 17. Archaeological/Historical Resources: According to the applicant, the parcel is located at the 4,200-foot elevation within the boundaries of a precontact age upland agricultural system that was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. By letter dated October 26, 2004, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division. 18. Cultural Resources: According to the landowners, no valued cultural, historical or natural resources exist on the property and there are no traditional and customary Native Hawaiian rights being practiced on the site. -3- 19. Public Access: There is no record of a designated public access that traverses the property. 20. TrafTc: According to the applicant, traffic generated from the proposed subdivision is expected to be minimal. The Police Department has stated that "the Kaloko/Mamalahoa Highway intersection needs to be improved." PUBLIC UTILITIES AND SERVICES 21. Access: Access to the property is proposed from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 3.5 miles below the property. 22. Water: According to the applicant, water can be made available from an 8-inch waterline in Kaloko Drive fronting the property. 23. Wastewater: The applicant proposes to use individual wastewater systems meeting the standazds and requirements of the State Department of Health. 24. Essential Utilities and Services: Utilities aze 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 aze located approximately four miles north of the property. AGENCIES' COMMENTS 25. Department of Environmental Management: Exhibit B -November 23, 2004 Memo 26. Police Department: Exhibit C -November 29, 2004 Memo 27. Department of Land and Natural Resources Land (Engineering) Division: Exhibit D -December 9, 2004 Letter AGENCIES - NO COMMENTS 28. Fire Department AGENCIES - NO RESPONSE 29. Department of Public Works, Department of Water Supply, Department of Land and Natural Resources Historic Preservation Division, Department of Health, Department of Transportation, Natural Resources Conservation Service PUBLIC COMMENTS 30. None as of this writing. -4- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested i~n$prr~~tiotr~ ~ ) _ 1~. APPLICANT: Bruce B. Easley i ' ~ APPLICANT'S SIGNATURE: DATE: li /(p o'••F wt t ~~S ADDRESS: P.O. Box 3603 Walnut Creek, California 94598 LIST APPLICANT'S INTEREST IF NOT OWNER: Co-owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (9zs) 979-uzo (Res.) (Fax) LANDOWNER(S): Bruce B. Easley and Austin K. Easley LANDOWNER SIGNATURE(S): R DATE: I t b o y j be by 1 , er) ~5+~~ K•/•<ask y LANDOWNER(S) ADDRESS: Same as abov~ j REQUEST: Agricultum120-acres (A-20a) Agricultural 10-acres (A-l0a) - (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-3-027:007 STREET ADDRESS OF PROPERTY: 73-2335 Kaloko Drive SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.254 acres AGENT: Gregory R. Mooers ADDRESS: Mooers Enterprises, LLC ' P.O. Box 1101 Kamuela, Hawaii 96743 TELEPHONE: (Bus.)s8ss839 (Res.)585-7126 (F~)885-1574 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Gregory Mooers COPIES: Bruce B. Easley (See Instructions on Reverse Side) EAH~B' 1 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 20.254 b. Into what lot sizes? 10+acres c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 6 months tl. Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 2 ~ At what approximate price range? House $350,000 Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? lyear If you :intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. enclosed 2. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? b• Sell or lease the land to someone who has tentative plans? ~ Sell or lease the land to someone who has no plans? ~ d. Keep it? e. I P. D. ~ 5/89 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? Yes How? It will create 1 additional residential-agricultural lots in the North Kona azea 9. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5• Is the subject land currently being used for any agricultural activity? No i If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural i lots? Yes IY If so, did your plan include the following considerations? a. Commodity to be produced? Yes What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? ~ Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. Forest If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. i' 8• Do you think that the roads leading to the subject area needs improvements? No If so, what kind? } Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No i a. Schools X b. Roads X Sewer X d. Drainage X -3- Yes No e. Police Protection R f. Fire Protection X g, Recreational Facilities X h. Public Utilities X I_ Other X For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. 1 The intersection of Kaloko Drive and Mamalahoa Highway needs to be improved. o~ ~ ~ c~-'-- Signature: Address : P.O. Box 3603 W ut Creek, California 94598 Telephone: (925)979-21 Date: U/(~~0~ -9- 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 5. County Zoning Code 6 I 6. Community Development Plan 6 I 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 J Natural Resources (Flora-Fauna) 9 1 Cultural Resources 10 Social-Economic Characteristics 10 ~ Surrounding Lands 11 i D. PUBLIC FACILITIES AND SERVICES Access 12 Water Service 12 Wastewater Disposal 12 Solid Waste 12 Police and Fire Services 13 Schools 13 Parks 13 Other Utilities 13 E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS I. Relationship between local short term uses of environment and maintenance and enhancement of long term productivity 13 2. Mitigative measures proposed to avoid, minimize, recta or reduce impact 13 7 3. ,Alternatives to the proposed development 14 1 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 1 A. Resolution No. 58 97 B. I,ocation/Vicinity Maps C. Letter to SHI'D Requesting "No-Effect" Determination D. Change of Zone Exhibit ` E. Site Photographs ii COUNTY BACKGROUND AND ENVIRONMENTAL REPORT APPLICATION FOR CHANGE OF ZONE Agricultura120-acres (A-20a) to Agricultural 10-acres (A-l0a) APPLICANT: Bruce Easley TAX MAP KEY: (3) 7-3-027:007 Kaloko, North Kona, Island of Hawaii, Hawaii A. SUBJECT REQUEST 1. Details of Proposed Use/Deve[apment: a. Project Description: The subject property is a 20.254 acre parcel located on the west side of Kaloko Drive at approximately the 3800 feet elevation. It is identified as Lot 3, Block 9, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. 11 to Lota I 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 ] 0+ acres in size. These lots are intended to be residential/agricultural lots for the applicant himself and his brother Austin, the co-owner. I c. Number of acres: 20.254 acres are covered by this request. 1 d. Proposed units/lots/floor area of proposed building envelope: The applicant proposes to subdivide the existing lot into two 10+ acre parcels. It is proposed that the lots will have similar conditions as 1 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 100-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. Tfine frame and cost: The application for the subdivision will be filed immediately afrer the change of zone is completed. The estimated cost ( of the houses is approximately $350,000 each 1 f Parking arrangement: Parking for the lots created will be accommodated on each site as required by the Zoning Code. It is anticipated that there will be one residential unit on each lot. 1 g. Traffic Impacts: The applicants believe that the traffic generated by the proposed lot subdivision will be minimal. The subdivision of this property into two lots will add one additional lot to the subdivision. I h. Proposed on-site and off-site infrastructure: The intersection of Kaloko Drive and Mamalahoa Highway is in need of improvement. The applicant understands that all recent re-zonings in the Kaloko Mauka area have been conditioned to require the applicants to participate in the improvement of this intersection. The applicant stipulates to this fact and will also participate in the improvements. B. CONFORMANCE WITH STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural 3. Applicable goals/policies and objectives of the Genera[ Plan: The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Economic Element of the General Plan. I 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. 1 n The County of Hawaii shall strive for diversity and stability in its economic system. o The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 1 POLICIES o The County of Hawaii shall assist the expansion of the agricultural 3 industry, especially diversif ed 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. o The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. The proposed amendments to the zoning ordinance comply with the following goals, policies and objectives of the Land Use Element of the General Plan. 1 LAND USE Through the careful analysis and examination ofpast and present situations, the following goals, policies, and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. GOALS o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Protect and encourage the intensive utilization of the County's important agricultural lands. i 4 POLICIES o Allocate appropriate requested zoning in accordance with the existing or projected needs ofneighborhood, 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 ofpublic services and utilities, access, and public need (I) 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 D Identify, protect and maintain important agricultural lands on the island of Hawaii. J j POLICIES J o Zoning shall protect and maintain important agricultural lands 1 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 5 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 ofexisting 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." - 5. Zoning: Agricultural 20-acre (A-20a). The Purpose of this application is to change the zoning to Agricultural-l0acre (A-l0a). 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. I I 8. Chapter 205A: Coastal Zone Management Act: The subject property is located approximately 8 miles from the shoreline surrounded by a regional roadway system and residential subdivisions. The proposed use of the subject property will not negatively impact the recreational resources, visual resources to or from the shoreline, including access to and along the shoreline or coastal ecosystem. Therefore no scenic or open space resources to the shoreline coastal view plane or coastal ecosystem will be negatively impacted by the proposed action. 6 9. Mountain Access: The subject property is surrounded by the regional roadway system. The property is not used for access to the mountains of any mountain feature; therefore no public access to these areas will be impacted by the proposed action. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics/Environmental Setting: 10. Description of subject property: The subject property is a 20.254 acre parcel located on the west side of Kaloko Drive at approximately the 3800 feet elevation. It is identified as Lot 3, Block 9, Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715, Ap. I 1 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 no structures on the property. ` 11. Lava Hazard Zone: The United States Department of the Interior/ Geologic 1 Survey designates this area on a descending scale of risk 1 to 9 as Zone 4. 1 About 5% of this area has been covered by lava since 1800 and less than 15% J 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 8 miles east of the coastline at Puhili Point. 1 E 7 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), 6 to 20 percent slopes. 15. The Land Study Bureau soil rating: Soils within the subject property are classified as "E270" (Very Poor) for agricultural productivity by the Land Study Bureau. Depth-limited soil material; color-dark brown; parent material- A'aand volcanic ash; stoniness-sharp lava clinkers; drainage-very well drained; slope-0 to 35%; clime-humid and cloudy; mean annual rainfall-80" to 100"; elevation-2,000 to 3,500 feet; machine tillability- unsuited for machine tilling. I 16. Flood Insurance Rate Map (FIRM) designation: The subject property is located in Zone "X", outside of the 500-year flood plain. 17. Existing drainage ways or improvements: The property has no history of flooding. There are no drainage improvements on the site. 18. Air/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 1 the active volcano from affecting the quality of air on the subject pazcel. 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. ~ 8 Historic Resources: 19. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: The subject parcel is located in a forested area above the 3800 foot elevation within the boundaries of apre-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 197] 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. The applicant has written to DLNR-SHPD requesting a determination of "no-effect" on historic resources for the proposed change of zone. Please see the exhibits for a copy of this letter. SHPD has granted these l letters of determination for most lots in the area of the subject property. Natural Resources: 20. ExistingJloraUfaunal resources: The site is presently heavily forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs, I and non native vegetation. Wildlife seen at the property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native. The proposed development has the potential to alter the mixture of plant life, however the low density of development and previously applied zoning conditions will assure continuation of habitat for existing wildlife. The U. S. Fish and Wildlife Service, in cooperation with the Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to i provide for the continued existence and growth of the population of the Alala, i 9 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. 21. Cultural Resources: According to the owners and neighboring property owners, 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 actions will not affect traditional Hawaiian rights, therefore no action is necessary to protect those rights. 22. Scenic or coastal resources: The property is located 8 miles east of the shoreline and will not impact on coastal resources. As the subject parcel is ~ heavily forested, there are no view planes to be disturbed by the development of the property. With the previously applied zoning conditions related to buffers, setbacks and percentage of undeveloped land, all structures will be well buffered from neighboring properties and the roadway. I Social-Economic Characteristics: J 23. Social settlement pattern for tl:e area: The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population is larger than the census might indicate. ~ At any given time, up to one-fourth of those present in Kona are visitors. The ethnic composition of the Kalaoa at the time of the 2000 Census was as ~ follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more ]0 races: 25.3%. This distribution illustrates a multicultural community with no distinct minority groups. 24. Economic resources of the area: Aside from a few nurseries and small scale agricultural endeavors within the subdivision, the surrounding areas are used for pasture lands by various ranches and much of the land in the area is lefr undisturbed for forestry. 25. Land values: According to prominent Realtors in the area, the land values in this subdivision have increased over the past few years. Surrounding [ands: 26. Land use: The properties immediately surrounding the subject parcel within the Kaloko Mauka Subdivision are low-density residential lots with minimal i clearing of the natural forest. There are some small pasture and nursery areas j within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka I on the north from 2100 to 3500 feet elevation. These lands are native forest. The Kamehameha Schools' 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 j historically grazed, however a 80 acre parcel is presently being used for forest I products. The Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko Mauka. 27. Zoning: The property in the immediate vicinity of the subject parcel is zoned A-20a and A-l0a to the north and A-20a elsewhere. Properties within the subdivision at lower elevations are zoned FA-3a and A-Sa. 11 D. PUBLIC FACILITIES AND SERVICES 28. Description of access: The access to the subject property is from Kaloko Drive a 22 foot wide paved roadway with 8 foot grass shoulders within a 80 foot right-of--way. Kaloko Drive intersects with Mamalahoa Highway approximately 3.5 miles below the subject property. The grass shoulders have proven to be an effective method of dispersing water runoff from the roadway and after 20 years there is no evidence of erosion or damage to the edge of pavement. 29. Availability of Water: Water is available to the site from the Department of Water Supply via an 8" line on Kaloko Drive. The Department of Water Supply considers the Kaloko Mauka Water System a separate system from others in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to the 5,106 foot elevation. ~ The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for each two acres of the Kaloko Mauka Subdivision. No water is contemplated for landscape or agricultural uses as the annual rainfall is adequate for these purposes. 30. Sewage disposal: The applicant proposes to use individual wastewater treatment systems meeting with the approval of the Department of Health (DOH) for all newly created lots. 31. Solid waste: Solid waste is taken to the County's solid waste transfer station in Kealakehe west of the project site by the individual lot owners or a private hauling service. The applicant intends to use this existing transfer station for ~ both lots. 12 32. Police and fire protection: This area is served by police and fire stations located approximately 5.5 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. 33. Schools: The project site is located about 4.5 miles to the north of Kealakehe, Elementary, Intermediate and High Schools. 34. Parks: There is a County Parks and Recreation gym and pazk facility at the Old Airport Park in Kailua approximately 6 miles from the subject pazcel. 35. Other utilities and services: There is electrical and telephone service on poles along Kaloko Drive that presently serves the subdivision and these services can be made available to the subject property as well. E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS i 1 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 l has been identified for the proposed action. J ~ 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact: All construction on the site will comply with all governmental regulatory controls to mitigate noise and dust during the construction period. All ~ structures and infrastructure improvements constructed will comply with all federal, state and county requirements. The applicants propose that the conditions applied to other re-zonings in this subdivision be applied in this 13 case as well. These include; a. A 100-foot "forest reserve easement" for buffer purposes along the existing roadway. b. A 100-foot structural set back along the existing roadway. c. A 30-foot "forest reserve easement along all lot lines not covered by the 100-foot easement, as a buffer between parcels. d. At least 80% of the lot area shall be retained in forest. e. A restriction prohibiting a second dwelling on each lot. f A conservation plan shall be prepared for each of the subdivided lots. g. A "fair share" contribution to mitigate any potential impacts will be paid. 3. Alternatives to the proposed development: One alternative to the proposed action would be to leave the entire parcel vacant and undeveloped. This would not allow the development of agricultural lots for residential uses, forestry and agriculture. It would also not increase the real property tax base as the proposed action would. It would not provide protection to the native forest affordable by the conditions cited above. 4. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action is implemented: The construction of one additional rural-residential unit would involve the irreversible and irretrievable commitment of negligible quantities of natural resources. The conditions proposed to be applied to this request would help insure the protection of the forest and natural habitat. There are presently no such restrictions on the + development of the property. 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; the minimal impact on public facilities and services; the minimal impact on the environment; the applicant requests a favorable consideration of this change of zone application. } I 15 1 i I I I 1 ~ EXHIBIT A ~ Resolution No. 58 97 i COUNTY OF HAWAII STATE OF HAWAII flESOLUTION N0. ~ 8 9 7 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDMSION WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that no lands about the 3,000•fooi elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No. 330-96, the Council approved two change of zone requesu foe A-l0a lots above the 3,000-foot elevation with more stringent requiremenu 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 conditions in addition to the standard conditions of approval for similar zotrings in the area, will protect the watershed and native forest and maintain a low detuiry pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in ~ perpetuity for purposes of protecting and maintaining naturally forested areas and shall i delineate such easemenu and setbacks on plans submitted for subdivision review: J 1. A 100-foot wide "forest reserve eascmeat" along the existing public street frontage Of the subjec[ property, exclusive of access points permitted by the Department of Publie Works; 2. A 30-foot "forest reserve easement' along alt lot lines not covered by the 100- foot easement and 3. A 100-foot wide structural setback in Ireu of the required 30.foot setback along the existing property's )t+'_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 easemcnu described in Condition no lass 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 rite deeds of all the proposed agricultural lots shall prohibit die construction of a second dwelling unit oa and any further subdivision of each tot. A copy of the proposed covenant(s) to be recorded with tlx Bureau of Conveyances shall be submitted to the Plattaing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited is an instrument executed by the applicant and the Counry 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 sutitnitted for review and approval by the Platttting Director is consultation with the State Department of land and Natural Resources, the State I Department of Health, the State Deparnnent of Agriculture and the U.S. Deparanent of Natural Resources Conservation Service. The forest management play shall require the following: 1. Include at tninitnum, the best forest and reforestation practices, program for implementation and other applicable forestry management criuria, including those of the State Deparnnent of Land and Natural Resources, such as rho Forest Stewardship Program or the Soil Conservation Service Management Program. I 2. The forest management program shall include a restrictive covenant for the ] proposed lots within the subject property whicb shall be recorded with the State J of Hawaii Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be subtnined 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 fatal subdivision approval. 3. If more titan twenty percent (20%) of the subject property has bees cleared or grubbed prior to the submittal of V.e 'crest tnanagemeat plan or the recording of the restrictive covenant(s), the refo:estation 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 govert the proposed lots within the subjcct 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. TIIEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000•foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standards of the General Plan are met. B E I7 RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and Virginja Goldstein, Planning Director. Dated: Hilo, Hawaii, this 2nd day of June , 1991. INTRODUCED i UN IL Iv®ER COUNTY OF HAwAIt GILTICES I 1 COUNTY COUNCII. ROLL CALL VOTE County of Hawaii AYES NOES A85 EX Hilo, HaN,ii ~b x cntrne x I hercDy «rUry tAat the toraYoioe RESOLU'RON wnf Oy ILe Ll3TRlJ1PTODD X , otc indicatM to tee +tEbt 6erenf aAopued Ey t6e COUNCIL, of 10e RAV X County of 9awdi oe June 2, 1997 tutvtvot.w X sutrerlcera g ATI'ESS: stye X rnert X r.:ca,HC R 8 0 1 0 Reference /PC-53 CO~ R!( CHAIItMAN do PRESIDQ'tG OFFICER RESOLUTION NO. J 8 g rI (DFAFP 3: i I 1 l ~ EXHIBIT B ~ Location/Vicinity Maps I t { Yap r v ~ ~t O -+An.y~ oa.oa~r~. N / s + e4 1 ~r~, t Rm~ y'+a?-~ f~1 'tp A a+pr cr •y A S { ~ ~ ~ AFfF{ N ?~DG ~ . a •a,ary~ J iL '~vnt Ya'nrw . aa'os~.r' Z ` S .L, a~.yy 4 { d ff ~ Y O ,r C D Y~ i~ e. ~ ~ ~ f~ ~ ~ ~ a ( ~ :t 4,~a ° ~3 ~ } ~ t ~ a Oa ~ .y, "F j~:r~ ~ O ~ ~g~• t - ~ o ~ r of ~+A ~ w+` t• , _ _ ~ _ . o ~ _ ~,'t i<.r1 J;~~~~~IJ -1 ~1 =m j ` KEANAA/NA STREET -s ; 2 NALEAMAU/STREET ~ KAPENE STREET = ~ A G / _ _ ~ BLOCK 8 / ~y BLOCK 1 1 N~ sT KALOKO ,uauKa SUBD/l9SlON ~ a '`Cq~ BLOCK 7 BLOCK 9 ~ ~p ~ ~ p Y BLOCK 10 Q~/~ a p O ;~r1! O;tO °-~2 ~ SUBJECT PARCEL o y9O r Y BLOCK 6 S~F~ i i-1~1t~1 ~,~COi Ir1 J l ~T ~ J/lC/N/TY MAP SCALE: 1 /NCH = 2,000 FEET j i I ~ EXHIBIT C ~ Letter to SHPD Requesting "No-Effect" Determination 1 f I MOOERS ENTERPRISES, LLC P.O. Box 1 1 o t tC4MUELA, HAWAII 96743 1~}eaemirer 26, 2004 OG t'odliR Mary Anne Maigret State Historic Preservation Division 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: Archaeological Reports TMK: (3) 7-3-27:006 (Mather) TMK: (3) 7-3-26:007 (Easley) TMK: (3) 7-3-26:011 (Deutsch) Kaloko Mauka Subdivision Kaloko, North Kona, Hawaii Mary Anne: I am processing change of zone requests for the two properties identified above in the Kaloko ) Mauka Subdivision and have been required by the Planning Department to either get a "no effect" letter from your Division or do an inventory survey for the subject properties. There have been j numerous change of zone applications in this subdivision that have been processed without inventory surveys. Previously Marc Smith and you have written no effect letters for these change of zone actions. I have been informed by SHPD staff and archaeologists that there have been surveys done in this subdivision and that the elevation of sites discovered were in the lower reaches of the subdivision. Given the elevations of the two subject properties, Easley at 4000 feet and Mather at 4200 feet, it has been previously thought there would be no features present. I would like a letter from your office either finding there would be "no effect" or guidance on the type of archaeological work that would be required for you to make that determination. Should you require additional information or have any questions, please contact me. I appreciate your prompt response to this letter. Sincerely, i _ /7 Grego . Mooers President PHONE: (808) 885-6839 Fax: 1808) 885-1574 EMAIL: GM OOERSC HAW AU. afx.COM i 1 i I I EXHIBIT D Change of Zone Exhibitt f i - S=~' , \ ' c ^4i ~ a' p o A E t`~ f ~ 0 k 20~n4 ~ E s ° 3 ~ ~a m ,~E ~~x 5~ ~ W ~ ~ a ° o e F . a ~ .I~ ~ ~j ~~{''J N ° C c° iz.-; acs: f 3Va0 oAtlilH ~ ~ ~ ~ y.. ~ ° ° U i ~ a. ~ Q~pN o~Y o ~~i\~og="131 N ~~YZ ~ 3 0 ~ o~ ~ ~ ~y ~ ° 9~6~ i ~l C N TRU NORTNI 1 Y W C1U Q w p Z m J ~ <Fsg~~ m =gam y = W -i» rz wm~ o~ ` 3' A I N 0 0 M 0 1 Y .Y .wbx mawm n~_ • ' - [OlApl .OIf I & 8 _ _ _I - ~ _ ~ E _L -r _ I ~ I I ~ I I I I ¢ i I I e ~ I _ I I I ~ ~ I 3 II I ~ I a I ~ I I Z ~ ~ d k ~i I ~ I ~ I ' ~ ~ `o _ i IV I ~ x ~ I ^ ~ I Z - ~ ~ ~ - J~ ~ ~ Q doe i ~ ~~fr` e I ~ b i uFQ _ I a ~ ~ R o ~ ti ~ _ s - ~qy ll O I R ~ I o _ 2 J I h n 3 I ~ f 'e z I ~ ~~J~ I~ IN O i~ I I is ~i~a J ~ ~ 1 4 I I~ ~ °I „ y S m j I - I _ I I ~ I ~Fhp ~ ~ 9~E I I ~ ~ `M sY I ~ _ 1 m ~ ~ ~ g x I [.x I a ~ 'I i I I gWg ~ ~ ' ~ m l G I I i - m I I _ - _ y-' i - I ~ & I I I . - ~ ~ ~ ~ .x ~ as"b B I nP ~s - rp' ~ i - ~w ,J i ~ - = E ~ ~sn iK~U o c a_ II ~ ~ ° ~ p ~ ri sE3 o vi ~ e L' ¢ ~ _ _ ~`E ~ ~ ~nz .r~~ ~ ~ ~ (ONlN07 o0Z-Y) _ i ~ :ao - Z E° i2° ~cE 1 i I I f { EXHIBIT E ~ Site Photographs 1 ,yy +r.. A.. ' ;Kr.. ~ Subject property from Kaloko Drive looking south. °3+----y:H-,~ r a ;,,q ~ i? r- yI v ,1 ~ x~ I Subject property from Kaloko Drive Looking north.. JNiY Oi ~'W G~.' 7y J ,a ~~~~ilil. Harry Kim Barbara Bell Mayor - Direcmr i a,~: :~i, tam j!i `~h 'ri"i""+'' Nelson flo Depnry Director i-r , ~i r ~J.III[It~~I Itl ~tlflltXll DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 ~ Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date November 23, 2004 To CHRISTOPHER YUEN, Planning Director {2 From :~~BAI~B~RA BELL, Director SUBJECT: Change of Zone Application (REZ 04-030) Applicant: Bruce B. Easley Request: A-20a to A-l0a TMK: 7-3-27:7 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: t`%--'L---°' ( 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. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. ( )Other: SOLID WASTE DIVISION: ( ) No comments (,p~cvorrKr Rl.fvrt~t~ µ4vi.@(ZS~ Commercial operations may not use transfer stations for disposal. ( Aggregates and any other construction demolition waste should be reused to its fullest extent. ( J1) Ample room should be provided for recycling. Greenwaste maybe disposed of at the drop sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( X,) Other: (.ofassIluc~cou/®E'Met_6T'(bP/ ~,vA,STC is 1~KflPll13 (T~~ Q CewhtT ~ '72IGT.LS~ P. STr4~YtC5FG S cc: SWD, WWD 5a7f Hnwai ~i Cwrnn' is nn equal oppar[uniry provider and enrplayer. R~~~~A' EXHIBIT +ZV OI N1 Harry Kim ~ . .l ~ Lawrence K. Mahun: h/ayor Police Chief ')~tl r; •+l''~o:'w~"~ Harry S. Kuboj iri 34 pf. C (~(9 7 5 q Depury Police Chief I'i;,~'~!~~~;i: ~ ;,,:;i~punty of Hawaii L'am`- ~ ~i ~ +:'.ili POLICE DEPARTMENT 349 Kapiolani Street Hilo, Hawaii 96720-3998 i~"."_ (808)935-3311 • Fax (808)961-2389 November 29, 2004 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM JOH . DAWRS, MA]OR, AREA II OPERATIONS SUBJECT~~_Chan of Zone Application (REZ 04-030) Applicant: Bruce B. Easley Request: A-20a to A-l0a Tax Map Key: 7-3-27:7 Staff has reviewed the above-referenced application and has the following comments. Until such time as adequate roads are built to support the ever-growing population, construction, and additional vehicles on the roadways, development needs to follow the County's proposed policy on the principle of concurrency. Major concerns on any further subdividing in Kaloko Mauka deal with traffic issues. As noted in this Change of Zone Application, the Kaloko/Mamalahoa Highway intersection needs to be improved. In addition, this section of Mamalahoa Highway is bumper-to-bumper during both the morning and afternoon hours heading into Kailua-Kona. Any further subdividing in this area without creating additional north-to-south connector roads will only add to the existing congestion. Should you have any questions or comments, please contact Major John Dawrs at 326-4646, ext. 246. Thank you for the opportunity to comment on this application. ®~~'7'74 "f lawai'i County is an Equal Opportunity Provider and Employer" EXI~IB~ ¦ SE Dr PETER T.YOUNG ~f ~ ~ ~ s BOARp Di II,ND ~ fa~TU1Nl PESDIJFt'ES LINDA LING LE ~ COi.~N455iDN ON WATER RESOWCE WNAGEEENf GWERNDN o' N+wui DAN DAVIOSON DEFNfY DEiEROR -IAIO WONNE Y. QU ~ ~ OEPlffT 01REROR-WATER C V4y@ ~ ~ AOWTIC RFSQIR~ES `~i~ STATE OF HAWAII ~°B~ a~r~ ~ DEPARTMENT OF LAND AND NATURAL RESOURCES CO~coruERVATioNUOCSO11iwsT~iaur"ms''Ewr ~ - CONSERVATIDN ANp RESOUtGES ENfOf1CEMEM _ - LAND DIVISION ENGWEERMIG fOPESfRY AND WEDl1FE ~~~~~~,,,,,,rr.. POST OFFICE BOX 621 Nl51pRN; n+ESERVATwN 3`'b@rC'~mber 9, 2004 HONOLULU, HAWAII 96809 "~"0O`~'~a`~'f0~~"~LOA""'u1OX REZ 04-030.RCM ~A1EP~ LD-NAV BRUCE EASLEY Honorable Christopher J. Yuen Planning Director County of Hawaii Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: SUBJECT: Change of Zone Application Authority: County of Hawaii Planning Department I.D. No.: REZ 09 030/Bruce B. Easley Request: A-20a to A-l0a TMK: 3r`'/ 7-3-027: 007 Thank you for the opportunity to review and comment on the subject matter. A copy of the document pertaining to the subject matter was distributed or made available to the following Department of Land and ' Natural. Resources' Divisions for their review and comment: - Division of Forestry and Wildlife - Engineering Division - Division of State Parks - 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, ~;~;~,~-r DZERDRE S. MAMIYA Administrator ,-x; e~ 6'L-' C: HD=.~ ~ EXHIBIT t of h PETFR T.Yg1NG 4Y1 1? CW,NPERSp1 ~.,q e • ewrm a wo un wTwu E LINDA LINGLE ~ `~W - GOMWSSgM ON WAIEP PESpJrt~Wf1~jENf GOJE PNOf+Oi IMWM DAN DAVIDSpN ~i; OEPVfY diECTOR •1A10 ~c YVONNE Y. RU 0•~'~iP OEPVIY OFECfpt-WATER } AOIMTM: rasowas A' V BWJ,U Of CONJEYAMCES C STATE OF HAWAII '°"T"`"~°°""""~`"~"°" ~ CDM,ASS~ON dl W"TER RESOURQ VAIMDEIENT o : _ DEPARTMENT OF LAND AND NATURAL RESOURCES coRSERV"TbNAwconsTU~wws LAND DNISION ca+sERV"TEIN Afo RE SOUNRSEIiDF~NT ERGNEEREID fORESTitY AM wRDLiE e_ POST OFFICE BOX 621 M151OR1C^'~~RY•~" ~ ww^~ HONOLULU, HAWAII 96609 ~~u,~ND~~ SLATE f'Npa November 29, 2004 LD/NAV 'G=` Ref.: REZ 04-030.CMT Suspense Date: 12/8/~k~ MEMORANDUM: a i, TO: *XXX Division of Forestry & Wildlife ~ pt, *XXX Division of State Parks XXX Commission on Water Resource Management H +XXX Engineering Division *XXX Office of Conservation and Coastal Lands XXX Hawaii District Lannd~~/OVf_f~Ji ce G, FROM: Dierdre S. Mamiya, Administrator Land Division SUBJECT: Change of Zone Application Authority: County of Hawaii Planning Department I.D. No.: REZ 09 030 Applicant: Bruce B. Easley . Request: A-20a to A-l0a TMK: 3`d/ 7-3-027: 007 Please review the subject application and submit your comments (if any) on Division letterhead signed and dated by the suspense date. *Note: One copy of the document is available for your review in the Land Division Office, Room 220. Should you have any questions, please contact Nick Vaccaro at 567- 0389. If this office does not receive your comments by the suspense date, we will assume there are no comments. ( ) We have no comments. p:J}~ Comments attached. Division: f~"~s~y')°( q ~,I-~. Signed: ! ~ - ~r-~ I Date: Name: ERIC T.HIRANO,CHIEFENGINEER DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LA/NA V Ref.: REL 04-030.CMT COMMENTS ( X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for development within Zone X. O Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is located in 7.one. O Please note that the correct Flood Zone Designation for Che project site according to the Flood Insurance Rate Map (FIRM) is _ O Please note that the project must comply with the m]es and regulations of the National Flood Insurmce 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 Nahnal 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: O Mc Robert Sumimoto at (808) 523-4254 or Mr. Mario Siu Li at (808) 523-4247 of the City and County of Honolulu, Department of Planning and Permitting. O Mc Kelly Gomes at (808) 961-8327 (Elilo) or Mr. Kiran Emler at (808) 327-3530 (Kona) of the Counly of Hawaii, Department of Public Works. O Mr. Francis Cerizo at (808) 270-777] of the County of Maui, Department of Planning. O Mr. Mario Antonio at (808) 241-6620 of the County of Kauai, Department of Public Works. O The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. O The applicant should provide the water demands and calculations to the Engineering Division so it can be include<t in the State Water Projects Plan Update. O Additional Comments: O Other: _ Should you have any questions, please call Mr. Andrew Monden of the Planning Branch at 587-0229. Signe ~ ~ C T. HIRANO, CHIEF ENGINEER Date:~~- REasIey2REZ.doc -12/15/04 COUNTY OF ILAWAI'I PLANNING DEPARTMENT RECOMMENDATION BRUCE B. EASLEY CHANGE OF ZONE APPLICATION (REZ 04-0301 Upon cazeful 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 Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately 20.254 acres of land be forwarded to the County Council. 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 20-acre (A-20a) to Agricultural 10-acre (A- l0a) for approximately 20.254 acres of land to subdivide the properties into two lots approximately ten acres in size to be used as residential/agricultural lots. The applicant proposes to construct a dwelling on each lot. Each dwelling is estimated to cost approximately $350,000. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similaz areas in the County. The Change of Zone request from an Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) 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, which are agricultural lands 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 property is designated Other Important Agricultural Land (DIAL) by the Agricultural Lands in the State of Hawaii (ALISH) System. OIAL is land 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 azea determined to be outside of the 500-year flood plain. The property is located on the north side of Kaloko Drive in the Kaloko Mauka Subdivision at approximately the 3,800-foot elevation. Surrounding lands are zoned Agricultural 20-acre (A-20a) and in low-density residential uses surrounded by pasture and forest land. There are some small pasture and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot elevation. Bishop Estate ]ands 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 site is from Kaloko Drive, a 22-foot wide paved roadway with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive intersects with the Mamalahoa Highway approximately 3.5 miles below the 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. In the review of other similaz change of zones in the Kaloko Mauka Subdivision, the DOT has stated that the -2- intersection must be improved due to the additional traffic and activity on the roads from the cumulative effect of the land use change, and recommended the following: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT has further stated that the intersection improvements should be made at no cost to the State and requests that plans for improvements within the State highway right-of--way be submitted to the Highways Division for review and approval. 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 aze essential since similar changes of zones may occur throughout the Kaloko Mauka Subdivision and the creation of additional home sites would place an increased burden on traffic at the intersection. 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 2, 1997 the County Council adopted Resolution No. 58 97, regarding the Council's policy relating to the rezoning of district boundaries within the Kaloko Mauka Subdivision. The Council established that a maximum density of two dwellings per twenty acres for lands within the Kaloko Mauka Subdivision above the 3,000-foot elevation, with certain conditions, will protect the watershed and native forest and maintain a low density pattern. The Resolution recommended that the Planning Commission consider favorable recommendations for A-l0a zoning requests for only those pazcels 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 -3- presentation of the lands within the proposed subdivision in a manner consistent with the Orchards designation by the General Plan LUPAG Map. The requested A-1 Oa zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision would be compatible with the rural chazacter of lands located within the Kaloko Mauka Subdivision. A condition will be included to incorporate covenants restricting the construction of second dwelling units on each subdivided lot. 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, prepazed 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 azea 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 pazcels in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential habitat for the 'Alala. The subject property is located within Block 9 at approximately the 3,800-foot elevation. Once such a habitat is secured, a specific management plan for each habitat needs to be developed which would address the improvement of food supplies, protection from grazing, predators and wildfires, and other management and monitoring activities to provide for a stable and secure environment for the recovery of the 'Alala. The property is located at the elevation recommended for preservation as a habitat for the 'Alala. -4- As part of the Office of State Planning's five-year State Land Use District Boundary Review, the Water Resources Reseazch 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 azea. 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 3,800-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. 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 azea. 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 azchaeological studies conducted in the area. An archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971 Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. According to the applicant, there is no record of historic sites on the property in either the National or State Registers. By letter dated October 26, 2004, the applicant has requested a "no effect" letter from the State Department of Land and Natural Resources Historic Preservation Division." 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; -5- • a 30-foot "forest reserve easement" along all lot lines as a buffer between pazcels; • 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 azea to be retained in forest; • a restriction against a second dwelling on each lot; • a conservation plan to be prepazed for each of the subdivided lots; • a "fair share" contribution to mitigate any potential impacts. Conditions will be included to preserve the forest comdor along the roads of the Kaloko Mauka Subdivision. Also recommended is a condition to restrict the construction of 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 eight 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 property 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: • Investi¢ation of valued resources - No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of -6- documentary records, or botanical study was included in the application. However, there aze existing azchaeological studies of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, the parcel is located at the 3,800-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. According to the applicant, there is no evidence that the flora in the area aze particulazly desired or used for cultural practices. • Feasible actions to protect native Hawaiian ri ts: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights aze 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 sepazate system from other systems in Kona. The system consists of transmission and distribution lines, pump stations, and seven reservoirs which extend to approximately the 5,100-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 aze or will be made available to the site. Based on the above findings, approval of the Change of Zone request from an Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfaze. -7- 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. -g- COUNTY OF HAWAI`L ; STATE OF HAWAII BILL NO. _ (PLANNING DEPARTMENT) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-27:7. BE 1T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kaloko, North Kona, Hawaii, shall be Agricultural (A-l0a): Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of Lot 5 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 10] 0) and being a point on the Westerly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 10,814.23 feet South and 6,160.12 feet East and running by azimuths measured clockwise from Trne South: L 5° 10' 1,000.00 feet along the Westerly side of Kaloko Drive to a point; Thence, for the next three (3) courses following along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha: 2. 95° 10' 69032 feet along Lot I of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; -1- 3. 164° 10' 1,071.15 feet along Lot 2 of Block 9 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) to a point; 4. 275° 10' 1,074.18 feet along Lot 5 ofBlock 9 ofKaloko Mauka Subdivision, Increment 2 (File Plan 1010) to the point of beginning and containing an area of 20.254 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date ofIntroduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- N j A-TOa A-20a A-20a ~ A-_ W E A,T6~ ~ ~ - ~ d~ y% _ s - - / s~ A v ~ - - A-20a ~ ~ ` ~ A~Oa AdOa \ ~ A-10a ~ A-10a ~ % V ~dN \ A-f0a 4~ v \ o / y ~ m ~ ~ ~ A.2~ ~ - - - - A-20a m A-20a A-20a i O / ~ \ _ _ _ / I -----f A-TOa ~ A-20a ` ~ a ~ sr ~ ' / ~ Q ~ A- a ~~0~ ~ 10,814135-~ ~ ~ A-Sa ~ ~ ~ ~ A-20a 6,160.12E ~ ~ ~ "MOANUTAHEA"~ ~ ~ A-20a o A-f0a ~ A-20a __i ~ A- Oa S~ / A ~ A-TOa A-20a T-- A~Sa 0 ~ A-7a ° A-~ ~ A-20a ~V ~ ~ AGRICULTURAL (A-20a) A-2oa /\Y ~ ~ TO AGRICULTURAL (A-10a) _ ~ - ~ 20.254 Acs. / q~a ~ A 20a A-Sa ~1 - _ A-TOa A-5a 1,600 800 0 1.600 J200 4600 6000 BOFee~ AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-10a) AT KALOKO, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK. 7-3-027:007 Date: December 17, 2004 EXHIBIT °A° (BRUCE B. EASLEY:1158) CE:asley2REL-12/ 15/04 BRUCE B. EASLEY CHANGE OF ZONE APPLICATION (REZ 04-030) 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) yeazs 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 azeas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 100-foot wide "forest reserve easement" along the existing roadway frontage of the subject property, exclusive of the access point perrnitted 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 ofthe-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 azea comprising the forest reserve easements described in Condition D, no less than eighty percent (80%) of the entire lot azea 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 he prepazed 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: 1. Include at minimum, the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Depaztment 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 cleazed 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. L Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate azea 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 azchaeological cleazance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. J. "fhe applicant shall prepare a Solid Waste Management Plan for the development meeting with the approval of the Departrnent 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 hereinbelow for each such lot, and shall become due and payable within ninety days of the effective date of this ordinance. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to Final Subdivision Approval of each increment shall be a sum calculated in the same manner according to the number of proposed lots in each such increment. The fair shaze contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/Mamalahoa Highway intersection. The fair share contribution shall have a value of $9,472 per lot. Based upon the applicant's representation of intent to subdivided and develop up to two (2) lots, the indicated total fair share contribution is $18,944.00, however, the total amount shall be increased or reduced in proportion to the actual number of subdivided lots according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: • $9,472 per lot for an indicated total of $18,944.00 to the State or County to support road and traffic improvements. The fair share contribution shall be adjusted annually by the Hawaii County Planning Department, beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). Upon approval of the fair share contributions, the Director shall submit a final report to the Council for its information that identifies the specific approved fair share contributions, 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 towazds the requirements of the Unified Impact Fees Ordinance. -4- M. The applicant shall comply with all applicable County, State and Federal laws, rules, requirements and regulations. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I . 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 aze not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the azea to its original or more appropriate designation. -5-