HomeMy WebLinkAboutCOM 0173.000 2004-2006 ~J~<V os M,~',
Harry Kim b~eW Dixie Kaetsu
Mnyor .j Mannging Director
Peter L. Hendricks
r
oi~M''~ Deputy Mnnnging Director
COUNTY OF HAWAII
25 Aupuni Sheet, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 . Kailua-Kona, Hawaii 96740
(808) 329-5226 Fax (808) 326-5663
March 15, 2005
.
Gary Safarik, Chairman and -
Members of the Hawaii County Council - ;
County of Hawai i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Gary Safarik and Counci] 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
~hange of Zone Application (REZ 04-029)
Applicant Kristina Deutsch
Request: A-20a to A-l0a
Tax Map Key: 7-3-26:11
Change of Zone 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. 6-43(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.
`Sincerelty~
1 9'
Harry Kim
cti Mayor Comm. No.
Ref. To: L
Enclosures 4~.P. Uate MAR 3 2U0
cc: Planning Department
~ A A ~ A Hawaii County is an tiqual Opp0(IUi11iy Employer and Provider
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4~' ~
Harry Kim ~'I'''~•
Mtryor : ~
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County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 Far (808)961-8742
March 14, 2005
Gary Safarik, Chairman
and Members of the County Council r~,
County of Hawai `i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Gary Safarik and Council Members:
Change of Zone Application (REZ 04-029)
Applicant: Kristina Deutsch
Request: A-20a to A-l0a
Tax Map Key: 7-3-26:11
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 20.475 acres of land. The property is located along the southwest side of Kaloko
Drive across from the Kaloko Drive-Haleamau 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 Agricultura120-acre (A-20a)
to Agricultural 10-acre (A-l0a) for approximately 20.475 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 $450,000.
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 un F.qual Opportunity 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 similar 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 Important Agricultural Lands. Soils within
the property aze 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 as Other Important Agricultural Land (OIAL) by the Agricultural
Lands in the State of Hawaii (ALISH) System. OIAL is land other than Prime or Unique
Agricultural Land that is of statewide or local importance for the production of food,
feed, fiber and forage crops. The lands in this classification are important to agriculture
yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope,
flooding, or drought that excludes them from the Prime or Unique Agricultural Land
classifications. The Federal Emergency Management Agency Flood Insurance Rate Map
(FIRM) designates the property as Zone "X", an area determined to be outside of the 500-
year flood plain.
The property is located on the southwest side of Kaloko Drive in the Kaloko
Mauka Subdivision at approximately the 3,300-foot elevation. Surrounding lands are
zoned Agricultura120-acre (A-20a) and in low-density agriculturaUresidential uses
surrounded by pasture and forest land. There are five parcels zoned A-IOa located north
of the site. The adjacent pazcel to the southeast is zoned A-10a, as are three other parcels
to the south of the site. 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 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.
Gary Safarik, Chairman
and Members of the County Council
Page 3
The proposed access to the property is from Kaloko Drive, a 22-foot wide paved
roadways with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive
intersects with the Mamalahoa Highway approximately three 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. The DOT has stated that the
intersection must be improved due to the additional traffic and activity on the roads from
the cumulative effect of the land use change, and recommends the following:
• 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 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 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 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.
Gary Safarik, Chairman
and Members of the County Council
Page 4
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.
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 character 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 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 7 at approximately the
3,300-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.
Gary Safarik, Chairman
and Members of the County Council
Page 5
As part of the Office of State Planning's five-year State Land Use District
Boundary Review, the Water Resources 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 property,
located at the 3,300-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 area. Approval of the requested
change of zone will not alter the existing land use conditions within Kaloko Mauka
Subdivision. Uses permitted within the Agricultural District will allow for a variety of
agricultural activities to be conducted on the property.
There have been several 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 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. 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 property for
individual home sites and agricultural uses may have on the existing upland forest
character within the area, the following conditions aze proposed:
• 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;
Gary Safarik, Chairman
and Members of the County Council
Page 6
• at least 80% of the lot area to be retained in forest;
• a restriction against a second dwelling on each lot;
• a conservation plan to be prepared for each of the subdivided lots;
• a "fair share" contribution to mitigate any potential impacts.
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 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 Statutes,
relating to Coastal Zone Management. The property is not located in the Special
Management Area. The site is located approximately seven miles mauka of the shoreline
and therefore will not be impacted by coastal hazard and beach erosion. There is no
record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the 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 archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing archaeological studies 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 3,300-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.
Gary Safarik, Chairman
and Members of the County Council
Page 7
• 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 aze particularly desired or used for cultural
practices.
• Feasible actions to protect native Hawaiian rights: 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 Department of Water Supply, water can be made available from
a 4-inch waterline in Kaloko Drive. The applicant also states that the Department of
Water Supply considers the Kaloko Mauka Water System a separate system from other
systems in Kona. The system consists of transmission and distribution lines, pump
stations, and seven reservoirs which extend to 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 are 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-IOa) district would result in
an appropriate land use pattern that will further the public necessity and convenience and
the general welfare.
For your favorable consideration, an amendment to Section 25-8-2 (North & 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, Chainhan
Planning Commission
Ldeutsch02pc
Enclosures
cc: Mr. Gregory R. Mooers
Ms. Kristina Deutsch
Department of Public Works
Depaztment of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Hazaga, Director/DOT-Highways, Honolulu
BDeu[schREZ. duc-12/ 14/04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KRISTINA DEUTSCH
CHANGE OF ZONE APPLICATION (REZ 04-029)
KRISTINA DEUTSCH has submitted an application for a Change of Zone from
Agricultura120-acre (A-20a) to Agricultural ]0-acre (A-l0a) for approximately 20.475 acres of
land. The property is located along the southwest side of Kaloko Drive across from the Kaloko
Drive-Haleamau Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii,
TMK: 7-3-26: 11.
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 $450,000. Kristina Deutsch and Gina E. Deutsch 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: Orchards.
4. County Zoning: 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 seven
(7) miles mauka of the shoreline at the 3,300-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 resources, public access to the shoreline or
ATTACH: Comm. 173
Bill 61
mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or
other natural and environmental resources in the area.
8. County Council Resolution No. 58 97: 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 further
recommended that the Planning Commission consider favorable recormnendations 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.
DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is an approximately 20.475-acre vacant parcel located
on the southwest side of Kaloko Drive in the Kaloko Mauka Subdivision at
approximately the 3,300-foot elevation. The site is heavily forested with slopes of 6-
20%.
10. Surrounding Zoning/Land Uses: Surrounding lands are zoned Agricultura120-acre (A-
20a) and in low-density agricultural/residential uses surrounded by pasture and forest
land. There are five parcels zoned A-l0a located north of the site. The adjacent pazcel to
the southeast is zoned A-1 Oa, as are three other parcels to the south of the site. 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 manka (east) of the subdivision.
11. ALISH: Other Important Agricultural Land.
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
-2-
primarily for woodland and pasture.
14. FIRM: Zone "X", area determined to be outside the 500-yeaz flood plain.
15. Flora/Fauna Resources: According to the applicant, the site is presently heavily
forested with native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife at the property consists of turkeys, hawks, Chinese
pheasants, and other forest birds. Vegetative cover is a mixture of native and non-native
species.
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 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 to 3,400-foot 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 7, at
approximately the 3,300-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: The parcel is located at the 3,300-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 Pazk 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. The applicant has
requested a "no effect" letter from the State Department of Land and Natural Resources
Historic Preservation Division.
-3-
18. Cultural Resources: According to the applicant, 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.
19. Public Access: There is no record of a designated public access that traverses the
property.
20. Traffic: 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." The Department of Transportation (DOT)
has expressed concerns regarding the number of land use changes in the Kaloko Mauka
Subdivision azea and the cumulative impact on the Mamalahoa Highway/Kaloko Drive
intersection. The DOT has recommended the following improvements to the
intersection:
• illuminating the intersection at night;
• channelized turning movements; and
• other safety improvements.
PUBLIC UTILITIES AND SERVICES
21. Access: Access 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 three miles below the property.
22. Water: According to the Department of Water Supply, water can be made available
from a 4-inch waterline in Kaloko Drive.
23. Wastewater: The applicant proposes to use individual wastewater systems meeting the
standards and requirements of the State Department of Health.
24. Essential Utilities and Services: Utilities are available to the site from poles along
Kaloko Drive. The area is served by police and fire stations in Kailua and Kealakehe,
approximately five miles southwest of the site. Kealakehe Elementary, Intermediate and
High Schools are located approximately four miles north of the property.
AGENCIES' COMMENTS
25. Department of Environmental Management: Exhibit B -November 9, 2004 Memo
26. Department of Water Supply: Exhibit C -December 6, 2004 Memo
27. Police Department: Exhibit D -November 29, 2004 Memo
-4-
28. Fire Department: Exhibit E -November 16, 2004 Memo
29. Department of Land and Natural Resources Land (Engineering) Division: Exhibit
F -November 30, 2004 Letter
30. Department of Transportation: Exhibit G -November 30, 2004 Letter
AGENCIES - NO RESPONSES
31. Department of Public Works, Department of Land and Natural Resources Historic
Preservation Division, Department of Health, Natural Resources Conservation
Service
PUBLIC COMMENTS
32. None as of this writing.
-5-
MOOERS ENTERPRISES, LLC
P.O. BOx 1 i O 1
KAMUELA, HAWAII 96743
;
,:AEI
.
APPLICATION FOR CHANGE OF ZONE
Agricultura120-acres (A-20a) to Agricultural 10-acres (A-l0a)
APPLICANT: Kristir?a Deutsch
TAX MAP KEY: (3) 7-3-026:011
Kaloko Mauka Subdivision
Kaloko, North Kona, Island of Hawaii, Hawaii
Submitted by:
Mooers Enterprises, LLC
November 26, 2004
EXHIBIT
PHONE: (808) 885-6839
FAX: (808) 885-1 574
EMAIL: GMOOERS@HAWAII.RR.COM
TABLE OF CONTENTS
Page
CHANGE OF ZONE APPLICATION
CHANGE OF ZONE QUESTIONNAIltE
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
' 6. Community Development Plan 6
7. Special Management Area 6
8. Chapter 205A: Coastal Zone Management Act 6
9. Mountain Access 7
C. PHYSICAL CHARACTERISTICS & ENVIRONMENTAL SETTING
Physical Characteristics and Environmental Setting 7
1 Historic Resources 9
i Natural Resources (Flora-Fauna) 9
Cultural Resources ] 0
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, rectify or reduce
impact 13
~ 3. Alternatives to the proposed development 14
4. Irreversible and irretrievable commitments of natural resources that would be
involved if the proposed action is implemented.• 14
F. PROPOSED FINDINGS IS
1 G. EXHIBITS
1 A. Resolution No. 58 97
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. Site Photographs
ll
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Kristina Deutsch
APPLICANT'S SIGNATURE: ~ _ ~ ~~,L--~'~~_ DATE- ~ ~ ~ ~ ~a~
ADDRESS: 140 Frasier Ave.
Santa Monica, California 90405
LIST APPLICANT'S INTEREST IF NOT OWNER: Co-orvner
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
i
PHONE:(Bus.) (310) 401-6619 (Res.)
(Fax)
LANDOWNER(S): Krishna Deutsch and Gina E Deutsch
LANDOWNER SIGNATURE(S): l,L''~\ C DATES-~~.
) LANDOWNER(S) ADDRESS: Same as above~y be by letter)
REQUEST: Agricultural 20-acres (A-20a) Agricultural 10-acres (A-l0a)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7-3-026:011
STREET ADDRESS OF PROPERTY: 73-2120 Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.475 acres
1 AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
j Kamuela, Hawaii 96743
TELEPHONE:(Bus.)885~6839 (Res.)585-7126 (Fax)855-157a
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Please indicate to whom original correspondence and copies should be sent.
j ORIGINAL: Gregory Mooers COPIES: KristinaDeutsch
(See Instructions on Reverse Side)
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 2o.475acre
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
d. Do you intend to build houses on the newly created lots? yes
If yes, please answer the following questions:
On how many of those lots? 2
} At what approximate price range? House $450,000
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
1 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.
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f If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
Do you think that your re uest and
q 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 area.
9. Are there an_y buildings on the subject area? ~ ~A
If so, what kind? ~
What do you intend to do with those buildings if your request is
approved?
5• Is the subject land currently being used for any agricultural activity? No
}
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
b. Was your request to allow for the creation of smaller agricultural
lots? Yes
If so, did your plan include the following considerations?
a. Commodity to be produced? 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?
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a 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.
A• 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
Q• What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools X
b. Roads X
~ ~ Sewer X
j d. Drainage X
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Yes No
e. Police Protection X
t. Fire Protection X
g, Recreational Facilities X
h. Public Utilities X
X
r. Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
~ The intersection of Kaloko Drive and Mamalahoa Highway needs to be improved.
Signature: ~ - ~ U v~ ~Y 11..~~
~ 2UCJ~
r Address : 140 Frasier Ave. Santa Monica, California 90405
Telephone: (310) 401-6619
Date:
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COUNTY BACKGROUND AND ENVIRONMENTAL
REPORT
APPLICATION FOR CHANGE OF ZONE
Agricultural ZO-acres (A-20a) to Agricultural 10-acres (A-l0a)
APPLICANT: Kristina Deutsch
TAX MAP KEY: (3) 7-3-026:011
Kaloko, North Kona, Island of Hawaii, Hawaii
A. SUBJECT REQUEST
1. Details of Proposed [Ise/Development:
a. Project Description: The subject property is a 20.475 acre parcel
located west of the intersection of Haleamau Street and Kaloko Drive
at approximately the 4000 feet elevation. It is identified as Lot 5,
Block 7, Increment 2 (File Plan 1010), being a portion of R.P. 8214,
i L.C. Aw. 77] 5, Ap. I 1 to Lota Kamehameha, at Kaloko, North Kona,
Island and County of Hawaii, State of Hawaii. The property is heavily
I 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 10+
acres in size. These lots are intended to be residential/agricultural lots
for the applicant and her sister, Gina E. Deutsch, the co-owner.
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c. Number of acres: 20.475 acres are covered by this request.
~ d. Proposed units/lots/floor area of
proposed building envelope: The
j applicants propose to subdivide the existing lot into two 10+ acre
J parcels. It is proposed that the lots will have similar conditions as
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those placed on other rezoned lots in the Kaloko Mauka subdivision.
The conditions have included a 60-foot wide "forest reserve easement"
along the existing public street frontage of the subject property,
exclusive of access points permitted by the Department of Public
Works; a 30-foot "forest reserve easement" along all lot lines not
covered by the 60-foot easement; and a 60-foot wide structural setback
in lieu of the required 30-foot setback along the property's public street
frontage to provide an additional buffer. Restrictive covenant(s) in the
deeds of all the proposed agricultural lots fronting existing roads shall
specify and uphold the easements and setbacks. The restrictive
covenant(s) shall also specify that, including the area comprising the
forest reserve easements described, no less than eighty percent (80%)
of the entire lot area shall be retained in forest. A copy of the proposed
covenant(s) to be recited in an instrument executed by the applicants
and the County and recorded with the Bureau of Conveyances approval
~ to the issuance of Final Subdivision Approval.
e. Time frame and cost: The application for the subdivision will be filed
immediately after the change of zone is completed. The estimated cost
of the houses to be constructed are approximately $450,000 each
f Parking arrangement: Parking for the lots created will be
accommodated on each site as required by the Zoning Code. It is
anticipated that there will be one residential unit on each lot.
g. Traffic Impacts: The applicants believe that the traffic generated by
the proposed lot subdivision will be minimal. The subdivision of this
~ roe mto two lots will add one additional lotto the subdivision.
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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 General Plan: The proposed
amendments to the zoning ordinance comply with the following goals,
policies and objectives of the Economic Element of the General Plan.
ECONOMIC
GOALS
o Provide residents with opportunities to improve their quality of life.
i o Economic development and improvement shall be in balance with the
physical and social environments of the island of Hawaii.
o The County of Hawaii shall strive for diversity and stability in its
economic system.
o The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with
the County's natural and social environment.
POLICIES
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o The County of Hawaii shall assist the expansion of the agricultural
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industry, especially diversified agriculture, through the protection of
important agricultural lands, capital improvements and other programs,
and continued cooperation with appropriate State and Federal agencies.
o The County of Hawaii shall strive for an economic climate which provides
its residents an opportunity for choice of occupation.
o The County of Hawaii's land, water, air, sea, and people shall be
considered as essential economic resources for present and
future
generations and should be protected and enhanced through the use of
economic incentives.
o The County shall identify and encourage primary industries that are
consistent with the social, physical, and economic goals of the residents of
the County.
The proposed amendments to the zoning ordinance comply with the following
goals, policies and objectives of the Land Use Element of the General Plan.
LAND USE
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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 miz and
1 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.
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POLICIES
o Allocate appropriate reguested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
o The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment.
STANDARDS
o Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability ofpublic services and
utilities, access, and public need
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
j the overall land use element.
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GOALS
D Identify, protect and maintain important agricultural lands on the
island of Hawaii.
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POLICIES
o Zoning shall protect and maintain important agricultural lands
i 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
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problems of the agricultural industry in the County of Hawaii.
o Rural-.style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations.
o The County shall develop subdivision standards which make a
distinction between agricultural and urban land uses.
4. General Plan Designation: Orchards - "Those agricultural lands which
though rocky in character and content support productive macadamia nuts,
papaya, citrus and other similar agricultural products."
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 azea is not covered by the Kona
Regional Plan.
' 7. Special Management Area: The property is not located within the County of
Hawaii's Special Management Area.
8. Chapter 205A: Coastal Zone Management Act: The subject property is
located approximately 7 miles from the shoreline surrounded by a regional
roadway system and residential subdivisions. The proposed use of the subject
property will not negatively impact the recreational resources, visual resources
to or from the shoreline, including access to and along the shoreline or coastal
ecosystem. Therefore no scenic or open space resources to the shoreline
coastal view plane or coastal ecosystem will be negatively impacted by the
i proposed action.
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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 azeas 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 20.475 acre pazcel
located west of the intersection of Haleaznau Street and Kaloko Drive at
approximately the 4000 feet elevation. It is identified as Lot 5, flock 7,
Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715,
Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island' and County of
~ Hawaii, State of Hawaii. The property is heavily forested with slopes of
between 6 and 20%. The mean annual rainfall according to USGS Report R-
47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for
conventional agricultural uses. There are no structures on the property.
11. Lava Hazard Zone: The United States Department of the Interior/ Geologic
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1 Survey designates this azea 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%
has been covered by lava in the last 750 years. "Zone 4 includes all of
Hualalai, where the frequency of eruptions is lower than on Kilauea and
Mauna Loa. Flows typically cover large areas."
12. Distance from coastline: The subject property is approximately 7 miles east
' of the coastline at Puhili Point.
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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 aze
classified as "E270" (Very Poor) for agricultural productivity by the Land
Study Bureau. Depth-limited soil material; color-dark brown; pazent 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.
16. Flood Insurance Rate Map (FIRM) designation: The subject property is
located in Zone "X", outside of the 500-yeaz flood plain.
17. Existing drainage ways or improvements: The property has no history of
flooding. There aze no drainage improvements on the site.
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18. Air/noise/water quality: The air quality is excellent as there are no industrial
uses in the area and the normally occurring winds prevent the emissions from
the active volcano from affecting the quality of air on the subject pazcel. The
area is a rural agricultural azea as such there is little noise pollution. The
Y water to the site is provided by the Department of Water Supply and meets all
1 EPA guidelines.
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Historic Resources:
19. Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: The subject pazcel is located in a forested azea at the 4000
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 1971 Archaeological Work at Kaloko
Ahupuaa, North Kona. This study also identified remains of an agricultural
field system up to the 3500 foot elevation at certain locations. There is no
record of historic sites on this property in either the National or State Register.
The applicant has requested a "no effect" letter from the State Historic
Preservation Division. A copy of that request is enclosed in the exhibits.
Natural Resources:
20. ExistingJloraUjaunal resources: The site is presently heavily forested with
native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife seen at the property consists of turkeys,
hawks, Chinese pheasants, and other forest birds. Vegetative cover is a
mixture of native and non-native. The proposed development has the
1 potential to alter the mixture of plant life, however the low density of
development and previously applied zoning conditions will assure
4 continuation of habitat for existing wildlife. The U. S. Fish and Wildlife
Service, in cooperation with the Alala Recovery Team, recommends that
I 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
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considered to be the center of concentration for breeding Alala. The Plan
recommends that portions of the lands of Kaloko above the 3,200 feet
elevation be designated as essential habitat for the Alala. The proposed
conditions that preserve the forest will help stabilize that habitat.
21. Cultura[Resources: According to the 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 7 miles east of the
shoreline and will not impact on coastal resources. As the subject pazcel is
heavily forested, there are no view planes to be disturbed by the development
of the property. With the previously applied zoning conditions related to
buffers, setbacks and percentage of undeveloped land, all structures will be
well buffered from neighboring properties and the roadway.
Social-Economic Characteristics:
23. Social settlement pattern for the area: The population of Kona has grown
steadily since 1965 as a result of the expanding visitor industry in West
Hawaii, which has a large and growing shaze of the visitors to the island and
consequently the de facto population is lazger than the census might indicate.
At any given time, up to one-fourth of those present in Kona aze visitors. The
ethnic composition of the Kalaoa at the time of the 2000 Census was as
follows: Caucasian: 49.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more
races: 25.3%. This distribution illustrates a multicultural community with no
' distinct minority groups.
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24. Economic resources of the area: Aside from a few nurseries and small scale
agricultural endeavors within the subdivision, the surrounding azeas aze used
for pasture lands by various ranches and much of the land in the azea is left
undisturbed for forestry.
25. Land values: According to prominent Realtors in the area, the land values in
this subdivision have increased steadily over the past few years.
Surrounding lands:
26. Land use: The properties immediately surrounding the subject parcel within
the Kaloko Mauka Subdivision are low-density residential lots with minimal
clearing of the natural forest. There are some small pasture and nursery azeas
within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka
~ on the north from 2100 to 3500 feet elevation. These ]ands 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
i Kaloko Mauka on the entire southern boundary. These lands have been
historically grazed, however a 80 acre parcel is presently being used for forest
1 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 pazcel is zoned
A-] Oa to the north and A-20a elsewhere. Properties within the subdivision at
lower elevations are zoned FA-3a and A-Sa.
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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 80 foot
right-of--way. Kaloko Drive intersects with Mamalahoa Highway
approximately 3 miles below the subject property. The grass shoulders have
proven to be an effective method of dispersing water runoff from the roadway
and after 20 years there is no evidence of erosion or damage to the edge of
pavement.
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 sepazate 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.
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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 applicants propose to use individual wastewater
treatment systems meeting with the approval of the Department of Health
J (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 applicants intend to use this existing transfer station for
both lots.
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32. Police and
jre protection: This area is served by police and fire stations
located approximately 5 miles to the southwest of the site in Kailua and
Kealakehe. All roadways are paved, with adequate width and are accessible
for emergency service vehicles.
33. Schools: The project site is located about four 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.
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E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1. Relationship between local short term uses of environment and
maintenance and enhancement of long term productivity: In terms of the
relationship between short-term use ofman's environment and the
maintenance and enhancement of long-term productivity, no short-term
exploitation of resources that would entail negative long-term consequences
has been identified for the proposed action.
2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
All construction on the site will comply with al] 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
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conditions applied to other re-zonings in this subdivision be applied in this
case as well. These include;
a. A 60-foot "forest reserve easement" for buffer purposes along the
existing roadway.
b. A 60-foot structural set back along the existing roadway.
c. A 30-foot "forest reserve easement along all lot lines as a buffer
between parcels.
d. At least 80% of the lot azea shall be retained in forest.
e. A restriction prohibiting a second dwelling on each lot.
f. A "fair shaze" 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 pazcel vacant and undeveloped. This
would not allow the development of one additional agricultural lot for
residential uses, forestry and agriculture. It would also not increase the real
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property tax base as the proposed action would. It would not provide
protection to the native forest afforded by the conditions cited above.
4. Irreversible and irretrievable commitments ojnatural resources that would
be involved if
proposed action is implemented: The construction of two
I rural-residential units would involve the irreversible and irretrievable
commitment of negligible quantities of natural resources. The conditions
1 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.
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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.
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EXHIBIT A
Resolution No. 58 97
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. ~ 8 9 7
(Draft 3)
12ELATING TO ZOMNGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS
WITHIN THE KALOKO MAUI{A SUBDMSION
WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that
no lands about the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot
elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified
to any zone district having a minimum lot size of less than twenty acres; and
WHEREAS, shortly after the adoption of Resolution No. 330-96, the Council approved
two change of zone requesu for A-l0a lots above the 3,000-foot elevation with more stringent
requirements to mitigate the concerru established in Resolution No. 330-96; and
WHEREAS, the Council recognizes that a low dcnsiry use pattern for the mauka,
watershed lands of the island of Hawaii, in particulaz the Kona region, should be protected and
maintained for environmental ieasoac; and
j WHEREAS, the Council finds that a maximum density of two dwellings per tweny acres
Cor lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following
conditions in addition to the standard conditions of approval for similar zonings in the area, will
protect the watershed and native forest and maintain a low deruiry 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
i perpetuity for proposes of protecting and maintaining naturally forested areas and shall
detirteate such easemens and setbacks on plans submitted for subdivision review:
1. A 100-ftwt wide "forest reserve easement" along the existing public street
frontage of the subject property, exclusive of access points permitted by the
Deparvnent of public 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 Iteu of the required 30-foot setback along
~ the existing property's rt,:lic street frontage to provide an additional buffer.
B. Restrictive covenant(s) in the deeds of all the proposed agriculNral 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 arcs
comprising the forest reserve easements described in Condition no less than eighty
percent (80%) of the entire lot area shall 6e retaitud in forest. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall De submitted to the
Planning Director for review and approval prtor 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. Resvictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit
dte construction of a second dwelling unit oa and any further subdivision of each lot.
A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances
shall be submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the approved covcoant(s) shall be
_ recited is an instrument executed by the applicant and the Country and recorded with
the Bureau of Conveyances prior to the issuance of Final Subdivision Approval.
D. A forest management plan for the proposed lost within the subject property shall be
prepared and submitted for review and approval by the Planning Director in
consultation with the State Deparnent of Land and Natural Resources, the Stau
j Department of Health, the State Department of Agriculture and the U.S. Department of
Natural Resources Conservation Scrvicc. The forest management play shall require the
following:
1. Include at minimum, the best forest and reforestation practices, program for
implementation and other applicable forestry rtranagement eriuria, including
those of the State Department of Land and Natural Resources, such as the
Forest Stewardship Program or the Soil Conservation Service Management
Program.
2. The forest management program shall include a restrictive covenant for the
propoud lots within the subject property which shall be recorded with the State
of Hawaii Bureau of Conveyances andlor band Cotut. A copy of the covenants
to be recorded shall be subtnined to the Planning Director for review and
1 approval prior to the issuance of final subdivision approval. A copy of the
approved covenant(s) shall be reciud in an instrument execuud by the applicant
and the County and recorded with the $ureau of Conveyances prior to the
~ issuance of final subdivision approval.
3. If more than twenty percent (20~) of the subject property has been cleared or
grubbed prior to the submittal of t~.e "crest management plan or the recording of
the resvictive covenant(s), the refc: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 govern the proposed lots within the subject
property for a period of fifty (50) years and ies 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-1 Oa zoning
requests far 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 Central Plan arc met.
BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this
resolution to Stephen K. Yamashiro, Mayor; Kevin 8alog, Planning Commission Chairman; and
Virginja Goldstein, Planning Director.
Dated Hilo, Hawaii, this 2nd day of June , 1997.
,
INTRODUCED
J
UN IL MBER, COUNTY OF HAWAII
O~LTrCES
COUNTY COUNCYL ROLL CALL VOTE
County ofHawail AYES NOES A85 EX
Hilo, Hawaii ~nww.ra X
i atone X
t hctxby cerUty that the foregoleg RESOLUTION wU by the LCrT1~?PTODD X
. ors indicated to the right 6ere~t adopted by the COUNCQ. of tee aAY X
County of 6awdi oa June 2, 1997 ReYtvot.cs X
i surtaveeta R
ATTEST: sag
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mart X
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Refereou /PC-53
COUNe
i CL RK CBAIItMAN & PRES~Q'iG OFFICER RESOLUTION NO. J 8 9 7 (DFAFT 3:
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~ EXHIBIT B
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E EXHIBIT C
~ Letter to SHPD
~ Requesng "No-Effect" Determination
{
V
i
MOOERS ENTERPRISES, LLC
P.O. BOX 1 1 O 1
KAMUELA, HAWAII 96743
?~ocomber 26, 2004
b Gro p ER
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) 7-3-26:011 (Easley)
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
numerous change of zone applications in this subdivision that have been processed without
A inventory surveys. Previously Marc Smith and you have written no effect letters for these change
1 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
I would like a letter from your office either finding there would be "no effect" or guidance on the
i type of archaeological work that would be required for you to make that determination.
1 Should you require additional information or have any questions, please contact me. I appreciate
your prompt response to this letter.
Sincerely,
Greg . Mooers
~ President
GItM:jy
PHONE: (B08) 885-6839
FAx: (808) 885-1574
EMAIL: CaMOOERS@HAWAII.RR.COM
i
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~ EXHIBIT D
~ Mange of Zone Exhibit
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EXHIBIT E
I Site Photographs
1
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Looking west from Haleamau Street. Subject property is below roadway.
~ _
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Looking west from Haleamau Street. Subject property is below roadway.
JNt ~?1y
j ~~~~Ji.
Harry Kim Barbara Bell
Mayor _ Direc[or
']l ~Y~ rio J r~
1jE~Of ~N>~
Nelson Ho
L e!"~ f ~ j ~ Den~~ Di~reet ~r
I_,
DEPARTMENT OF ENVIRONMENTAL MAN.~1~E'L~EN~'
25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 i
(808) 961-5083 • Fax (808) 961-8086 _
MEMORANDUM
Date November 9, 2004
To CHRISTOPHER YUEN, Planning D'r ctor
From BARBARA BELL, Director~J
SUBJECT: Change of Zone Application (REZ 04-029)
Applicant: Krishna Deutsch
Request: A-20a to A-l0a
TMK: 7-3-26:11
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION: ~'r
( 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 WASTEDIV[SION:
( ) No comments
( k) Commercial operations may not use transfer stations for disposal.
(x) Aggregates and any other construction demolition waste should be reused to its fullest
extent.
(k) Ample room should be provided for recycling.
(k) Greenwaste maybe disposed of at the drop sites located at the Kailua and Hilo
transfer stations, or other suitable diversion programs.
( X) Other: C.C~NSTRvC~T[ON d- l~b`M,OLtrtoni ~yA.~l-~ IS PRoN[filT~D
cc~~, ltd TfZh-?sS r=~'-1z~ STi~TGOFCS _
cc: SWD, WWD eazs
Ha wni ~i Cowv~~ ~s an egunl appornuiiry providrr mid employer.
EXHIBIT ,~,4,~~:
B -
4' ~ ~rfl{ P!A)ff
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o~`
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o if~'i~lv~il;u°!taJds'~~~d° ~d.4 uapl'41J'1~~+ _n'~U~'~'~it=„.Y ~ ~~'tiJd>9"C"~ t~~- C'''l/~'~`v'19~'~C`C
~H~, ap3°
p/gpgp~p~ ..~-5 4FIiUAIVAOA STFlEFT, SUtTo ?~J }{II,.O, '-IAVV.11'19^o72p
a TELEPHOfHE (808) 961-8p5pf 0081-.9.~+1'g,~5t7 rr
IJ
December 6, 200 ;1 -
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-029)
REQUEST: A-20A TO A-l0A
APPLICANT - KRISTINA DEUTSCH
TAX MAP KEY 7-3-026:011
We have reviewed the proposed Change of Zone application and have the following comments.
Based on the prevailing water situation in the area, water can be made available from the 4-inch
waterline in Kaloko Drive fronting the subject property.
Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on
the one additional lot that is requested in the proposed Change of Zone Application, the required water
commitment deposit is $150.00.
Remittance of $150.00 from the applicant is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions and effective
dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In
other words, unless a water commitment is officially effected, water availability is subject to change,
depending on the water situation.
Upon issuance of a formal water commitment, we shall submit our comments and requirements for
tentative subdivision approval.
For the applicant's information, should the subject change of zone be approved and a subdivision
application executed, final approval will be subject to the following requirements:
1. Construct necessary water system improvements, which shall include, but not be limited to,
installation of service laterals that will accommodate a 5/8-inch meter to each lot.
Submit installation plans prepared by a professional engineer, registered in the State ofHawai`i, for
review and approval.
i ~ ~
~l/ca~er~~t^iatc~.t~~ror~~^2_sJ,.. ilc
I he Department of Weler Supply Is an Equal Opportuntly piov,der anA employer To file a complaint of disrnrninatlon, wnte' USDA, Dimctor, OHlce of Civtl
Rights, linom 326-W. Whitten Huddmg, 14th and Indopentlnnce Avenue. SAN, Washington DG 2050-9410 Oroall (202) 720-5964 (voice and TDD)
Mr. Christopher J. Yuen, Planning Director
Page 2
December 6.2004
2. Remit the prevailing facilities charge balance, which is subject to change, tota]ing $5,500.00, as
calculated below. This is due and payable upon completion of the installation of the required water
system improvements and prior to final subdivision approval being granted.
FACILITIES CHARGE
One 1 s` service previously paid $ 0.00
One additional service (c~ $5 500.00 each +5 500.00
TOTAL (SUBJECT TO CHANGE) $5,500.00
3. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with the prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 252.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
SHKaco
copy - Ms. Kristina Deutsch
Mr. Gregory R. Mooers
Harry Kim ,~G ~ Lawrence K. Mahmi
A4uyor Pofice Chiej
o:'M~" Harry S. Kubojiri
°~l7'f f)EC .3 ~C1 55 DepuryPolireChieJ
r-,,,, r ; ;l i~r County of Hawaii
i ~ ~ ~ .';:'"Y,il POLICE DEPARTMENT
349 Kapiolani Stree[ • Hilo, Hawaii 96720-3998
(808) 935-3311 Pax (808) 961-2389
November 29, 2004
TO CHRISTOPPHER J YUEN, PLANNING DIRECTOR
'~G~w ~G_ . 1.~~~~-.1/`sip
FROM JO E. DAWRS, MAJOR, AREA II OPERATIONS
SUBJECT age of Zone Application (REZ 04-029)
Applicant: Kristina Deutsch
Request: A-20a to A-l0a
Tax Map Key: 7-3-26:11
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.
EXHIBIT
~ ~~~~~6
"Hawai'i County is an Equal Opportunity Provider and [imployer" ,
,~YY~oF ryq
J. Yi
Harry Kim ' Darryl J. Oliveira
Mayt r Fire Grief
9)~ •1:Npy1
" ° Desmond K. Wery
Deputy Fire Cgief
FIRE DEPARTMENT
~ - 25 Aupnni Street • Suite 103 • Hilq Hawaii 96720
(808)961-8297 • Faz (808) 96]-829fi
November 16, 2004
TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM: DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE APPLICATION (REZ 04-029)
APPLICANT: KRISTINA DEUTSCH
REQUEST: A-20a TO A-l0a
TAX MAP KEY: 7-3-26-11
Water supply shall be in accordance with IJFC Section 10.301(c):
"(c) Water Supply. An approved water supply capable of supplying required fire flow for
fire protection shall be provided to all premises upon which buildings or portions of
buildings are hereafter constructed, in accordance with the respective county water
requirements. There shall be provided, when required by the chief, on-site fire hydrants and
mains capable of supplying the required fire flow.
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or
other fxed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable of
delivering the required fire flow shall be protected as set forth by the respective county
water requirements. All hydrants shall be accessible to the fire department apparatus by
roadways meeting the requirements of Section 10.207.
rryl ]iveira
ire Chief
NA:cm; EXHIBIT „~o
A
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ARE DEY
Hnwai'i Cau nh~ is «n Egnnl Opportunity Prov¢(er nuA Emgla~ee
t o f „ RETER T. YOUNG
~ ft ° ° , R0,1AD OF WO
NRI~fUII/NL RESOUNCES
LINDA LINGLE ° `?a ~OMMi55i0N ON WATER RESOURCE W1MGEMEM
cwERNOR oc NAwAn
1 DAN DAVIDSON
~ ~ -I~IY -'I- oEVUrY OwECraR.IAfD
~s ~ Z YVONNE Y. QU
~i pERIffY OIRERpt-WAIFA
`~°rd aq~ ~'°BRA
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, AOWTR; RESOUarEs
STATE OF HAW}aII I ' ~ ' ' ~ EOATWG AfI)OCFIJl RECREATgN
' I' ewEAU Of carvEYANCEs
G t C~ COMMISSION ON WATER REE041RCE MUMGEIEMf
C DEPARTMENT OF LAND AND NATURAL RESOURCES Ca+sERVATaNAwcwsTAEwos
LAND DIVISION LONYIWATMrI AIE)RESOURCES ENfORCEMENf
ENGINEERING
fORES1RY ANp WNSR6E
POST OFFICE BOX 621 HISTORIC fRESERVAI%]N
S KAHOOIAWE EiUEA RE SEINE CMMSSION
f" ember 30, 2009 HONOLULU, HAWAII 96809 uw
5'fAIE rAR,cs
REZ p4-029.RCM LD-NAV
KRISTINA DEUTSCH
Honorable Christopher J. Yuen
Planning Director
County of Hawaii
Planning Department
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-9252
Dear Mr. Yuen:
SUBJECT: Change of Zone Application
Authority: County of Hawaii Planning Department
I.D. No.: REZ 04 029/Kristina Deutsch
Request: A-20a to A-l0a
TMK: 3`d/ 7-3-026: Oll
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.
Verny~~tr~u~ly yours,
DIERDRE S. MAMIYA ~~`~~1A
Administrator ~~~I~t 1
C: HDLO
?E Ds „ iETEA T.YOUNG
t,9 e o eww a uw
u+o~ran~au xESOwcea
LINDA LMGLE ~ `~N COMMISSION ON WMER RESOUpQ \NN/.GEiEM
GAVE WqA Oi W.WM
DAN DAVIDSON
gyp` OEPIITT DINEROR • LANG
ql, YVONNE Y. QU
O•~eP DEF{AY OMECIgi• W"TEA
e`\T'd rW
,t- ~V AOWTK RESDURfSS
STATE OF HAWAII ~ATWGAI~DDLANAE~EA„oil
euwv ar cDMOETANas
o _ DEPARTMENT OF LAND AND NATURAL RESOURCES COMEOwra1ONSEm~nw~w u
o ~
LAND DIVISION coNSEAV"T1O" E~NGNEE~RYl~G SENEMCEEENT
TORE STAT AND WLWL
POST OFFICE BOX 621 NISTONK GRESEAVATION
~uulooiAWE ouw AESEmL cDA.+ssaN
S"'•a HONOLULU, HAWAII 96609 iAra
SATE MAI11(5
November 15, 2009
LD/NAV
Ref.: REZ 09-029.CM'P Suspense Date,~~ll/27/09
MEMORANDUM: - ~ -
r' i -7
TO: *XXX Division of Forestry 5 Wildlife _
*XXX Division of State Parks
*XXX Commission on Water Resource Management D
XXX Engineering Division '~j
*XXX Office of Conservation and Coastal Lands ~ _
xXX Hawaii District Land Office
FROM: Dierdre S. Mamiya, Adminisor
Land Division
SUBJECT: Change of Zone Application LµjT
Authority: County of Hawaii Planning Department ~
I.D. No.: REZ 04 029 w
Applicant: Kristina Deutsch
Request: A-20a to A-l0a p
TMK: 3`tl/ 7-3-026: 011 t°t
Please review the subject application and submit your comments (i
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 SB7-
0389.
If this office does not receive your comments by the suspense date, we
will assume there are no comments.
( ) We have no comments. Comments attached.~~ ~
c%~
Division: ~Gji
vlLCh1~ Signed: G
Date : ~ ~ 0 Name : ERIC T. HIRANO, CHIEF ENGINEER
llEPARTMENT OF LANll AND NATURAL RESOURCES
F,NGINF.ERING DIVISION
LD/NAV
Ref.: REZ 04-029.CMT
COMMENTS
( X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Zaxe X, area outside of 500-year flood plain. The Flood Insurance Program does
not have any regulations for development withiu Zone X.
O Please take note that the project site, according to the Flood Insurance Rate Map (FIRM), is
located in Zone.
O Please cote that the correct Flood Zone Designation for the project site according to the Flood
Insurance Rate Map (FIRM) is
O Please note that the project must comply with the roles and regulations of the National Flood
Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR),
whenever development within a Special Flood Hazard Area is undertaken. If there are any
yuestions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of
Laud and Natural Resources, Engineering Division at (808) 587-0267.
Please be advised that 44CFR indicates the n>inimum 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 be]ow:
O Mr. 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 Mr. Kelly Gomes at (808) 96]-8327 (Hilo) or Mr. Kiran Emler at (808) 327-3530 (Kona)
of the County of I Iawaii, Department of Public Works.
O Mr. Francis Cerizo at (808) 270-7771 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
Croro the Engineering Division before it can receive a building pernut and/or water meter.
O The applicant should provide the water demands and calculations to [he Engineering Division so
it can be included in the State Water Projects Plan Update.
O Additional Conuncnts:
O Othec
Should you have any questions, please call Mc ,,An~ssdre~~sssw~~~++Monden of the Platming Bra ch at 587-0229.
Signed:
ER T. HI NU, ICE~F'ENGINEER
Date: ~ /
LINDA LINGLE ~,v's~- q'~~ RODNEV K HARAGA
' ~x;' DIREC iOH
~ ~ ~ Deputy Directors
T' ;y~ BRUCE V MATSUI
BARRY FUKUNAGA
_z_l _-U ~'J ~~~1 - BRIAN H. SEKIGUCHI
STATE OF HAWAII iN REFLV REFER To:
-~{i"" DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET
~ HONOLULU, HAWAII 96813-5097 STP 8.1473
November 3Q 2004
Mr. Christopher J. Yuen
Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: I{ristina Deutsch
Change in Zone Application (REZ 04-029)
TMK: 7-3-26: 11
Thank you for requesting our review of the subject application.
The applicant proposes to subdivide the existing 20.475 acre lot into two 10+ acre lots. These
lots are intended to be used as residential/agricultural lots. We have no objection to the proposed
change in zoning, but we are concerned with the number ofpast zoning and land use changes in
the Kaloko Mauka Subdivision area and the resultant cumulative impact on the intersection of
Mamalahoa Highway and Kaloko Drive.
1t is our understanding that the County will be responsible for implementing required
improvements at the intersection. Improvements to the intersection should include, but not
limited to the following:
L [lluminating the intersection at night.
2. Channelized turning movements at the intersection; and
3. Other safety improvemcnts.
All improvements should be made at no cost to the State and plans for constniction work within
the State highway right-of--way must be submitted to our Highways Division for review and
approval.
EXHIBIT
G
Mr. Christopher .T. Yuen STP 8.1473
Pagc 2
November 30, 2004
Please contact our Statewide Transportation Planning Office if you have any questions.
We appreciate the opportunity to provide our comments.
Very truly yours,
r~. ~ Y ra_y5 m_
RODN>~Y' . HA~GA
Director of Transportation
RDeutschREZ.doc -12/ 14/04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ICRISTINA DEUTSCH
CHANGE OF ZONE APPLICATION (12EZ 04-029)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultura120-acre (A-20a) to Agricultural 10-acre (A-l0a) for approximately
20.475 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 20.475 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 $450,000.
In order to consider an azea for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must be also considered as they may have an impact on similar 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 azeas within the County. The subject area is designated Orchards, which
are agricultural lands which though rocky in character and content support productive
macadamia nuts, papaya, citrus and other similaz 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 as Other Important Agricultural Land (DIAL) by the Agricultural
Lands in the State of Hawaii (ALISH) System. DIAL is land other than Prime or Unique
Agricultural Land that is of statewide or local importance for the production of food,
feed, fiber and forage crops. The lands in this classification aze important to agriculture
yet they exhibit properties such as seasonal wetness, erosion, limited rooting zone, slope,
flooding, or drought that excludes them from the Prime or Unique Agricultural Land
classifications. The Federal Emergency Management Agency Flood Insurance Rate Map
(FIRM) designates the property as Zone "X", an area determined to be outside of the 500-
yeaz flood plain.
The property is located on the southwest side of Kaloko Drive in the Kaloko
Mauka Subdivision at approximately the 3,300-foot elevation. Surrounding lands are
zoned Agricultural 20-acre (A-20a) and in low-density agricultural/residential uses
surrounded by pasture and forest land. There aze five parcels zoned A-l0a located north
of the site. The adjacent pazcel to the southeast is zoned A-10a, as aze three other parcels
to the south of the site. There are 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 aze 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.
-2-
The proposed access to the property is from Kaloko Drive, a 22-foot wide paved
roadways with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko Drive
intersects with the Mamalahoa Highway approximately three 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. The DOT has stated that the
intersection must be improved due to the additional traffic and activity on the roads from
the cumulative effect of the land use change, and recommends the following:
• 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 are essential since
similaz 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
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Commission consider favorable recommendations for A-l0a zoning requests for only
those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and
include the conditions as stated within Resolution No. 58 97, provided that the request
complies with the other goals, policies, and standards of the General Plan.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultural activities or the
presentation of the lands within the proposed subdivision in a manner consistent with the
Orchazds 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 fern, other native trees and shrubs, and non native
vegetation. Wildlife at the property consists of turkeys, hawks, Chinese pheasants, and
other forest birds. Vegetative cover is a mixture of native and non-native species. The
proposed development has the potential to alter the mixture of plant life, however, the
low density of the proposed development and conditions applied to previous rezonings
will assure the continuation of habitat for existing wildlife.
The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the
U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery Team,
recommends that certain selected essential habitats be preserved and properly managed to
provide for the continued existence and growth of the population of the 'Alala, an
endangered bird whose population has reached an extremely critical state. The Central
Kona area along the north and west slopes of Hualalai is considered to be the center of
concentration for breeding'Alala. The Plan recommends that portion of the lands of
Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels
in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential
habitat for the'Alala. The subject property is located within Block 7 at approximately the
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3,300-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-yeaz 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 rechazge 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 property,
located at the 3,300-foot elevation, does not seriously compromise the recommendations
of these studies beyond existing conditions. Although the property is located within the
water rechazge azea, the condition will be included to retain SO% of the forest cover on
the site to preserve the watershed qualities and watershed area. Approval of the requested
change of zone will not alter the existing land use conditions within Kaloko Mauka
Subdivision. Uses permitted within the Agricultural District will allow for a variety of
agricultural activities to be conducted on the property.
There have been several archaeological studies conducted in the area. An
archaeological investigation of the Kaloko ahupua'a was conducted in 1970 and 1971 by
Huehue Ranch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 1991 titled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona." This study identified remains of
an agricultural field system up to the 3,500-foot elevation at certain locations. According
to the applicant, there is no record of historic sites on the property in either the National
or State Registers. The applicant has requested a "no effect" letter from the State
Department of Land and Natural Resources Historic Preservation Division.
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In addressing potential adverse visual impacts the clearing of the property for
individual home sites and agricultural uses may have on the existing upland forest
character within the azea, the following conditions aze proposed:
• 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;
• 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
Statues, relating to Coastal Zone Management. The property is not located in the
Special Management Area. The site is located approximately seven miles mauka of the
shoreline and therefore will not be impacted by coastal hazard and beach erosion. There
is no record of a designated public access that traverses the property. According to the
applicant, no valued cultural, historical or natural resources exist on the 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
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must be addressed in terms of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• Investigation of valued resources - No formal archaeological reconnaissance
survey, oral history of kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing archaeological studies of the immediate azea.
• The valued cultural, historical, and natural resources found in the rezoning area:
According to the applicant, the parcel is located at the 3,300-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 azea. 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 are particularly desired or used for cultural
practices.
• Feasible actions to protect native Hawaiian rights: 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 Department of Water Supply, water can be made available from
a 4-inch waterline in Kaloko Drive. The applicant also states that the Department of
Water Supply considers the Kaloko Mauka Water System a separate system from other
systems in Kona. The system consists of transmission and distribution lines, pump
stations, and seven reservoirs which extend to 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 far each lot,
meeting the requirements of the Department of Health. All other essential utilities and
services are or will be made available to the site.
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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 welfare.
The accompanying draft bill to amend Section 25-8-2 (North and South Kona District
Zone Map) is provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
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COUNTY OF HAWAII : ' ` STATE OF HAWAII
BILL NO.
ORDINANCE NO. (PLANNING DEPT)
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'1'HE DISTRICT CLASSIFICATION FROM AGRICULTURAL
(A-20a) TO AGRICULTURAL (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED
$Y TAX MAP KEY 7-3-26:11.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-2, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kaloko, North Kona,
Hawaii, shall be Agricultural (A-IOa):
Beginning at the Northernmost corner of this parcel of land, being also the
Easternmost corner of Lot 3 of Block 7 of Kaloko Mauka Subdivision, Increment 2 (File
Plan 1010) and being a point on the Southwesterly side of Kaloko Drive, the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"MOANUTAHEA" being 9,856.01 feet South and 3,003.01 feet East and running by
azimuths measured clockwise from True South:
i. 323° 10' 865.00 feet along the Southwesterly 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 1 I to Lota Kamehameha:
2. 53° 10' 1,007.14 feet along Lot 7-B of Block 7 of Kaloko
Mauka Subdivision, Increment 2 to a point;
3. 140° 00' 866.32 feet along Lot 6 of Block 7 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010) to a point;
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4. 233° 10' 1,055.00 feet along Lot 3 of Block 7 of Kaloko
Mauka Subdivision, Increment 2 (File
Plan 1010) to the point of beginning and
containing an area of 20.475 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
Hawai `i
Date of introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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e
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 7-3-026:011 Date: December 17, 2004
EXHIBIT °A" (KRISTINA DEUTSCH:1155)
CDeutschREZ-12/ 14/04
KRISTINA DEUTSCH
CHANGE OF ZONE APPLICATION (REZ 04-029)
CONDITIONS OF APPROVAL
A. The applicants, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicants, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
C. The applicant shall submit the required water commitment payment to the
Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety (90) days from the effective date of this change
of zone.
D. Final Subdivision Approval of the proposed agricultural subdivision shall be
secured from the Planning Director within five (5) years from the effective date of
this ordinance. The applicant shall reserve the following easements and special
setbacks in perpetuity for purposes of protecting and maintaining naturally
forested areas and shall delineate such easements and setbacks on plans submitted
for subdivision review:
1. a 100-foot wide "forest reserve easement" along the existing roadway
frontage of the subject property, exclusive of the access point permitted by
the Department of Public Works;
2. a 30-foot "forest reserve easement" along all lot lines not covered by the
100-foot easement; and
3. a 100-foot wide structural setback in lieu of the required 30-foot setback
along the existing property's public street frontage to provide an additional
buffer.
E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition D. The restrictive covenant(s) shall also specify that, including the azea
comprising the forest reserve easements described in Condition D, no less than
eighty percent (80%) of the entire lot area shall be retained in forest. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s) shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Depaztment upon its receipt from the Bureau of Conveyances.
G. A forest management plan for the proposed lots within the subject property shall
be prepared and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources. The
forest management plan shall require the following:
I. Include at minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewazdship 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
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for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
3. If more than twenty percent (20%) of the subject property has been cleared
or grubbed prior to the submittal of the forest management plan or the
recording of the restrictive covenant(s), the reforestation program for any
cleared or grubbed area(s) in excess of the 20% within the subject property
shall be substantially implemented prior to the issuance of Final
Subdivision Approval.
4. This forest management plan shall govern the proposed lots within the
subject property for a period of fifty (50) yeazs and its termination may be
considered after the 50-yeaz 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 prepazed for review and
approval by the Depaztment of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed in a
manner meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
I. Should any remains of historic sites, such as rock walls, terraces, platforms,
mazine shell concentrations or human burials, be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an azchaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
J. The applicant shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
K. The applicant shall make its fair share contribution to mitigate the potential
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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 shaze 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 shaze 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 shaze 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 he 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 shaze 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 shaze contributions, the Director shall submit a
final report to the Council for its information that identifies the specific approved
fair shaze 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 towards the requirements of the Unified Impact Fees
Ordinance.
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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:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicants, its successors or
assigns, and that 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 yeaz 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 area to its original or more
appropriate designation.
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