HomeMy WebLinkAboutCOM 0548.000 2004-2006 ,NSY.os N~ 9
4Q ~i`V
'harry b{iuea 1`~~v,: .Dixie 1Kaetsu
:Llayor :e Managing Director
;rt~~:~. Peter L. Hendricks
~r~ Of ~N~~ Depr~ty Managing Director
COUNTY OF HAWAII
25 Aupuni Stxeel, Roum 215 }(ilq Hawaii 96720-4252 • (80R) 961-8211 ~ Fax (SDft) 961-6553
KONA. 75-5706 Kuaklnl Highway, Suite 103 • Kallua-Kona, Hawaii 96740
(80812'-9-5226 fax (808)326-Sfi63
November 4, 2005
Honorable Stacy FIiga, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Members:
State Land Use Boundary Amendment Application (SLU OS-003)
Request: Agricultural to Rural
Change of Zone Application (REI.OS-01 I)
Request: A-Sato RA-2a
Applicant: Martin E. Smith
Tax Map Key: 6-2-I 1:30
,Change of Lone Application (REZ OS-008)
Applicant: Errol & Andrea Yim
Request A-20ato A-l0a
Tax Map Key: 7-3-26:14
Change of Zone Application (REL OS-014)
Applicant: Moani Heights at the [Jplands at Mauna Kea
Commmii ty Association
Request: RM-15 to RS-IS
"fax Man Key: 6-2-1 (:1-19
As required by Chapter 4, Sea G-4.3(C), Hawaii County Charter, transmitted herewith for the County
Couuci]'s consideration and action are the Planning Commission's letters and enclosures regarding the
above-referenced requests.
Sincerely,
f~fIarry Kun
11 Mayor
I?nclosures S([q.
cc: Planning Department Comm. No. TOO
Ref. To;
~d ~ ~ Hu~.~ui'i County ~s an Lyual OpporWmty Vrov~der and Employer RE+f, [,Jp}g ~
vv or
County of Hawaii
PLANNING COMMISSION
Aupum Center • I OI Pauahi Sheet, Suite 3 • Hilq Hawaii 46720
Phone (808)9fi1-8288 • Fax (808)961-8742
November 4, 2005
Stacy Higa, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Higa and Council Members:
Change of Z.,one Application (REZ OS-008)
Applicant: Errol & Andrea Yim
Request: A-20a to A-l0a
Tax Map Kev: 7-3-26:14
The Planning Commission, after a duly held public hearing on October 21, 2005, voted to
recommend for your approval the proposed legislative bill to change the district classification
from an Agricultural 20-acre (A-20a) to an Agricultural 10-acre (A-l0a) district for
approximately 25.718 acres of land. The property is located at the northern corner of Kaloko
Drive and Haleamau Street, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii.
The Commission concurs with the fo]lowing Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicants are requesting a Change of Zone from Agricultural 20-acre (A-20a)
to Agricultural 10-acre (A- l0a) for approximately 25.718 acres of land to subdivide the
property into two lots approximately ten acres in size to be used as residential/agricultural
lots. The applicants propose to construct a dwelling on each lot. Each dwelling is
estimated to cost approximately $500,000.
[n order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
Hawaii i'ounN is an Equal Opportunity Provider and Employer
Stacy Higa, Chairman
and Members of the County Council
Page 2
decisions must be also considered as they may havo an impact on similar areas in the
County.
The Change of Zone request from an Agricultural 20-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. Tt 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 Land. Soils within the
property are identified as Kiloa Extremely Stony Muck (rKXD), which consist of well
drained, thin, extremely stony organic soils over fragnrenl:al 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
bands in the State of Hawaii (ALISH) System. O]AL 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 north side of Kaloko Drive in the Kaloko Mauka
Subdivision at approximately the 3,600-foot elevation. Surrounding lands to the south
are zoned A-l0a and A-20a and in low-density agricultural/residential uses surrounded by
pasture and forest land. Adjacent properties to the north are zoned A-10a. There are
some small pasture and nursery aeeas within the subdivision. The forest lands of
Makaula-Ooma abut the subdivision to the north at approximately the 2,100 to 3,500-foot
elevation. Bishop Estate lands of Kaupulehu abut the property to the north at the 3,500 to
5,400-foot elevation. These lands are currently used by Hualalai Ranch. The Palani
Ranch abuts the property along its southern boundary. The Kaupulehu Forest Reserve
abuts the eastern or mauka boundary of the subdivision.
The proposed access to the property is from Kaloko Drive and Haleamau Drive,
both 22-foot wide paved roadways with 8-foot grass shoulders within an 80-foot right-of-
way. Kaloko Drive intersects with the Mamalahoa Highway approximately three miles
below the property. 7'he Department of Public Works states that "access from Kaloko
Stacy Higa, Chairman
and Members of the County Council
Page 3
Drive should be limited to one approach." As of this writing, no comments were received
from the Department of Transportation (DOT). However, the DOT has provided
comments for similar change of zones in the Kaloko Mauka Subdivision, expressing
concerns about the numerous rezonings in the Kaloko Mauka Subdivision and the
cumulative impact of these changes on the intersection at 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 recommended the following: 1) illuminate intersection at night, 2) channelize
turning movements at the intersection, and 3) provide other safety improvements. The
DOT has further stated that the intersection improvements should be made at no cost to
the State and requested that plans for improvements within the State highway right-of-
way be submitted to [he Highways Division for review and approval. 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 Ma~nalahoa Highway-Kaloko Drive
intersection is of a "T" configuration without channelization improvements. Conditions
of approval will be included to address the traffic 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 Ka]oko 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 Genera] Plan.
The Planning Commission recognizes that forest preservation is part of the
General Plan and has determined that the proposed reclassification is consistent with this
General Plan goal. In this regard, the reclassification would also support the County
Council's position on rezoning of lands within the Kaloko Mauka Subdivision as
articulated in its Resolution No. 58 97.
The recordation of deed restrictions for individual lot owners to file a
conservation plan with the Planning Director will encourage agricultura] activities or the
presentation of the Lands within the proposed subdivision in a manner consistent with the
Important Agricultural Land designation by the General Plan LLTPAG Map. The
requested A-IOa zoning is consistent with the recommendation of the Kona Regional
Stacy Higa, Chairman
and Members of the County Council
Page 4
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.
The property is presently heavily forested with native trees and shrubs such as
ohia, tree fern, other native trees and shrubs, and non native vegetation. Wildlife at the
property consists of turkeys, hawks, Chinese pheasants, and other forest birds. Vegetative
cover is a mixture of native and non-native species. The proposed development has the
potential to alter the mixture of plant life, however, the low density of the proposed
development and conditions applied to previous rezonings will assure the continuation of
habitat for existing wildlife.
The 'Alala Recovery Plan dated October 28, 1982, prepared and approved by the
U.S. Fish and Wildlife Service in cooperation with the `Alala Recovery Team,
recommends that certain selected essential habitats be preserved and properly managed to
provide for the continued existence and growth of the population of the `Alala, an
endangered bird whose population has reached an extremely critical state. The Central
Kona area along the north and west slopes of Hualalai is considered to be the center of
concentration for breeding 'Alala. The Plan recommends that portion of the lands of
Kaloko above approximately the 3,200 feet to 3,400 feet elevation, including all parcels
in Blocks 8 through 13 of Kaloko Mauka Subdivision, be designated as an essential
habitat for the `Alala. The subject property is located within Block 8 at approximately the
3.600-foot elevation. Once such a habitat is secured, a specific management plan for each
habitat needs to be developed which would address the improvement of food supplies,
protection from grazing, predators and wildfires, and other management and monitoring
activities to provide for a stable and secure environment for the recovery of the 'Alala.
The property is located at the elevation recommended for preservation as a habitat for the
'Alala.
As part of the Office of State Planning's five-year State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog-drip area mauka of the 2,000-foot elevation be redesignated into the
Conservation District for protection as a watershed recharge area. The Kona Watershed,
which provides for the recharge of aquifers which supplies most of Kona's drinking
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 3,600-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
Stacy Higa, Chairman
and Members of the County Council
Page 5
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 applicants, there is no record of historic sites on the property in either the National
or State Registers. The applicants have 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 are 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 ]ot;
• 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
Stacy Higa, Chairman
and Members of the County Council
Page 6
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. "fhe 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
applicants, 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.
Water can be made available from a 4-inch waterline in Kaloko Drive. The
applicants state 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.
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 ternls of the cultural, historical, and natural resources and the
associated traditional and customary practices of the site:
• lnvestieation 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 applicants, the parcel is located at the 3,600-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.
Stacy Higa, 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 applicants, 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 applicants,
no gathering is taking place on the site. Thus, to the extent to which traditional
and customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, approval of the Change of Zone request from an
Agricultural 20-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.
For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona
District Zone Map), of the County Zoning Code is transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
Fred Galdones, Chairman
Planning Commission
Ly~m02pc
Enclosures
ec: Mr. Gregory R. Mooers
Errol & Andrea Yim
Department of Public Works
Department of Water Supply
Planning Department -Kona
Department of Land & Natural Resources-HPD/Kong
Rodney Haraga, Director{DOT-Highways, Honolulu
BYimRE7,.doc-819105
COUNTY OF HAWAI`[ PLANNING DEPARTMENT
BACKGROUND REPORT
ERROL Y.W. YIM ANll ANDREA B. YIM
CHANGE OF ZONE APPLICATION (REZ OS-008)
ERROL Y.W. Y[M AND ANDREA B. YIM have submitted an application for a
Change of Zone from Agricultural 20-acre (A-20a) to Agricultural IO-acre (A-IOa) for
approximately 25.718 acres of land. The property is located at the northern corner of Kaloko
Drive and Haleamau Street, Kaloko Mauka Subdivision, Kalok:o, North Kona, Hawaii, TMK: 7-
3-26: 14.
APPLICANTS' REQUEST
1. Request: The applicants ace requesting a Change of Zane from Agricultura120-acre (A-
20a) to Agricultural 10-acre (A-l0a) to subdivide the properly into two parcels
approximately ten acres in size to be used as residentiaUagricuttural lots. The applicants
propose to constrict a dwelling on each lot. Each dwelling is estimated to cost
approximately $500,000. Leslie Yim Clazk, Todd Ailen Clazk, Andrea B. Yim and Errol
Y.W. Yim are the landowners of the property. (Exhibit 1 -Change of Zone
Application)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Important Agricultural Land.
4. County Zoning: Agricultura120-acre (A-20a).
5. Kona Regional Plan: Agricultural.
6. Coastal Zoae 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 approximately the 3,600-foot elevation level and
therefore, will not he 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 applicants, there aze no
ATTACH: Cortm. 548
Bill 176
identified recreational resources, historic resources, public access to the shoreline or
mountain azeas, 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. T'he 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 tbrest and maintain a low density pattern. The Resolution further
recommended that the Planning Commission consider favorable recommendations for A-
1 Oa zoning requests for only those pazcels within the Kaloko Mauka Subdivision above
the 3,000-foot elevation and include the conditions as stated within Resolution No. 58 97,
provided that the request complies with the other goals, policies, and standazds of the
General Plan.
DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA
9. Subject Property: The property is an approximately 25.718-acre vacant pazcel located
on the north side of Kaloko I?rive in the Kaloko Mauka Subdivision at approximately the
3,600-foot elevation. 'Ihe site is heavily forested with slopes of 6-20%.
10. Surrounding Zoning/Land Uses: Surrounding lands to the south are zoned A-20a and
A-1 Oa and in low-density agriculturaUresidential uses surrounded by pasture and forest
land. Adjacent properties to the north are zoned A-10a. There are some small pasture
and nursery areas within the subdivision. The forest lands of Makaula-Ooma abut the
subdivision to the north from the 2,100 to 3,500-foot elevation. Bishop Estate lands of
Kaupulehu surround the subdivision to the north at the 3,500 to 5,400-foot elevation.
These lands are currently used by Hualalai Ranch. The Kaupulehu Forest Reserve is
located mauka (east) of the subdivision.
11. ALISH: Other Important Agricultural 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
primarily for woodland and pasture.
-2-
14. FIRM: Zone "X", area determined to be outside the 500-year flood plain.
15. Flora/Fauna Resources: According to the applicants, 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.
16. 'Alala Recovery Plan: The'Alala Recovery Plan dated October 28, 1982, prepazed and
approved by the U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery
Team, recommends that certain selected essential habitats be preserved and properly
managed to provide for the continued existence and growth of the population of the
'Alala, an endangered bird whose population has reached an extremely critical state. The
Central Kona area along the north and west slopes of Hualalai is considered to be the
center of concentration for breedmg '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 8, at
approximately the 3,600-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. ArchaeologicaUHistorical Resources: The property is located at the 3,600-foot
elevation within the boundaries of a precontact age upland agricultural system that was
the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huehue
Ranch, the developers of the Kaloko Mauka Subdivision. In addition, the National Park
Service published a report in 1991 entitled, "An Ahupuaa Study: The 1971
Archaeological Work at Kaloko Ahupuaa, North Kona" This study also identified
remains of an agricultural field system up to the 3,500-foot elevation at certain locations.
The applicants have requested a "no effect" Letter from the State Department of Land and
Natural Resources Historic Preservation Division.
-3-
18. Cultural Resources: According to the applicants, 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 applicants, traffic generated from the proposed subdivision is
expected to be minimal. The Police Department had no comments or objections to the
request.
PUBLIC UTILITIES AND SERVICES
21. Access: Access is proposed from Kaloko Drive and Haleamau Street, both 22-foot wide
paved roadways with 8-foot grass shoulders within an 80-foot right-of--way. Kaloko
Drive intersects with the Mamalahoa Highway approximately three miles below the
property. The Department of Public Works states that "access from Kaloko Drive should
be limited to one approach."
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 applicants propose to use individual wastewater systems meeting the
standards and requirements of the State Deparment of Health.
24. Essential Utilities and Services: Utilities are available to the site from poles along
Kaloko Drive. The azea is served by police and fire stations in Kailas 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 Public Works: Exhibit 2 -July 22, 2005 Memo
26. Department of Water Suppty: Exhibit 3 -July 25, 21)05 Memo
27. Police Department: Exhibit 4 -duly 7, 2005 Memo
AGENCIES - NO COMMENTS
28. Fire Department
-4-
AGENCIES - NO RESPONSES
29. Department of Environmental Management, Department of Land and Natural
Resources Historic Preservation and Land Divisions, Department of
Transportation, Natural Resources Conservation Service
APPLICANTS' RESPONSE TO AGENCY COMMENTS
30. Eabibit 5 -August 5, 2005 Letter
PUBLIC COMMENTS
31. None as of this writing.
-5-
Post Office Bux 110 L
MooERS Kamuela, Hawaii 9G74i
ENTERPRISES LLC Phone ~ao8> a,~o-1455
~ Pax (808) 880-1456
LQncl USC Af'CCTYIGltIVCS gmooers@hawaii.rrcom
APPLICATION FOR CHANGE OF ZONE
Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-l0a)
APPLICANTS: Errol Y. W. Yim and Andrea B. Yim
TAX MAP KEY: (3) 7-3-026:014
Kaloko Mauka Subdivision
Kaloko, North Kona, Island of Hawaii, Hawaii
Submitted by:
Mooers Enterprises, LLC
June 6, 2005 ~~+yy
GAH~~
Yim-Clark Change of Zone Application
TABLE OF CONTENTS
Page
LETTER OF AUTHORIL.ATION iii
CHANGE OF ZONE APPLICATION iv
CHANGE OF ZONE QUESTIONNAIRE v
TABLE OF CONTENTS
A. SUBJECT REQUFiST
1. Details of Proposed UseslDevelopment 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 & ENVIRONMEN'~'AL`SETTING
Physical Characteristics and Environmental Setting 7
Historic Resources 9
Natural Resources (Flora-Fauna) 9
Cultural Resources 10
Social-Economic Characteristics 10
Surrounding Lands 11
i
Yim-Clark Change of Zone Application
D. PUBLIC FACILITIES AND SERVICES
Access 12
Water Service 12
Sewage Disposal 12
Solid Waste 12
Police and Fire Services 13
Schools 13
Parks 13
Other Utilities 13
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1. Relationship between local short term uses of environment and maintenance
and enhancement of long term productivity l3
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 15
G. EXHIBITS
A. Resolution No. 58 97
B. Location/Vicinity Maps
C. Change of Zone Exhibit
D. "No Effect" Request from SHPD
ii
May 30, 2005
Mr. Chris Yuen
Director, Planning Departmen±
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Deaz Mr. Yuen,
Please accept this letter as authorization to allow Mr. Greg Mooers to file any and all
applications in conjunction with the rezoning application of our property, identified as
TMK: (3) 7-3-026:014. We will be applying for rezoning from an A-20a designation to
an A-] Oa designation.
You may contact Andy or Errol Yim at (808) 373-3981 with .any questions or concerns.
Thank you for yow consideration.
Aloha,
ctdflUl'' G
Leslie Yim Clazl lien k
Andrea B. Yim ~ Eno : -Yitn
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Errol Y. W. Yim and Andrea B. Yim
APPLICANT'S SIGNATURE: Letter of authorization on file. DATE: 6/6/05
ADDRESS: 1940 Alaweo Street
Honolulu, Hawaii 96821
LIST APPLICANT'S INTEREST IF NOT OWNER: Co-owners
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.)943-trot (Res.) __(Fax)
LANDOWNER(S): Errol Y. W. Yim, Andrea B. Yim, Leslie Yim CLark and Todd Allen Clark
LANDOWNER SIGNATURE(S): Letter of authorization on Cite. _ DATE: 6/6/OS
(May be by letter)
LANDOWNER(S) ADDRESS: Same as above
REQUEST: Agricultural 20-acres (A-20a) TO Agricultural 10-acres (A-l0a)
(Existing inning) (Proposed Zoning)
TAX MAP KEY: (3) 7-3-026:014
STREET ADDRESS OF PROPERTY: Kaloko Drive
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 25.718 acres
AGENT: Gregory R. Mooers
ADDRESS: Mooers Enterprises, LLC
P.O. Box 1101
Kamuela, Hawaii 96743
TELEPHONE: (Bus.) 880-1455 (Res.)880-1454 _(Fax)880-1456
Please indicate to whom original correspondence and copies should be; sent.
ORIGINAL: Gregory Mooers COPIES: Errol Yim
(See Instructions on Reverse Side'1
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question 1 and then to question 3.
a. How many acres of the requested area do you intend to subdivide? 25.718acre
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? 6mon[hs
d. Do you intend to build houses on the newly created lots? yes
If please answer the following questions:
On how many ~f those lots? 2
At what approximate price range? House $500,000
Lot
Total
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? ]year
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form. enclosed
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a• Sell or lease the land to someone who has firm plans?
b• Sell or lease the land to someone who has tentative plans?
Sell or lease the land to someone who has no plans?
d. Keep it?
e.
P. D. 2 5/89
l If you intend to do either a, b, c, please elaborate on the kind
also include in your
of plans the other party has. Please,
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
j~ Do you think that yocr request and your further plans for the land
will alleviate the local housing situation? Yes
How?
It will create 1 additional residential-agricultural lots in the North Kona area.
4. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5. Is the subject land currently being used for any agricultural activity? No
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
6. Was your request to allow for the creation of smaller agricultural
lots? Yes
If so, did your plan include the following considerations?
a. Commodity to be produced? Forest
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity?
Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
-2-
d Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use": 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.
b. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Is the road adequate for the proposed traffic volume ox load? Yes
9• What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools - X
b. Roads - X
Sewer - X
d. Drainage X
-3-
Yes No
e. Police Protection X
f. Fire Protection X
g, Recreational Faci_ities X
x
h. Public Utilities
X
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:
Address : 1940 Alaweo Street, Honolnlg Hawaii 96821
Telephone: 943-1101
Date : 6/6/05
-9-
Yim-Clark G,,,nge of Zone Application
COUNTY BACKGROUND AND ENVIRONMENTAL
REPORT
APPLICATION FOR CHANGE OF ZONE
Agricultura120-acres (A-20a) to Agricultural 10-acres (A-l0a)
APPLICANTS: Errol Y. W. Yim and Andrea B. Yim
TAX MAP KEY: (3) 7-3-026:016
Kaloko, North Kona, Island of Hawaii, Hawaii
A. SUBJECT REQUEST
I. Details of Proposed llse/Development:
a. Project Description: The subject property is a 25.718 acre pazcel
located northwest of the intersection of Haleamau Street and Kaloko
Drive at approximately the 3600 feet elevation. It is identified as Lot
3, Block 8, Increment 2 (File Plan 1010), being a portion of R.P. 8214,
L.C. Aw. 7715, Ap. 11 to Lota Kamehameha, at Kaloko, North Kona,
Island and County of Hawaii, State of Hawaii. The property is heavily
forested with slopes of 6-20%.The mean annual rainfall according to
USGS Report R-47 is approximately 70 inches.
b. Statement of objectives and reasons for the request: The owners
propose to subdivide the existing lot into twii lots approximately 10+
acres in size. These lots are intended to be residentialfagricultural lots
for the applicants and their daughter and son-in-law, the co-owners.
c. Number of acres: 25.718 acres aze covered by this request.
d. Proposed units/lots/floor area of
proposed building envelope: The
applicants propose to subdivide the existing lot into two 10+ acre
parcels. It is proposed that the lots will have similar conditions as
1
Yim-Clark Ch,.nge of Zone Application
those placed on other rezoned lots in the Kaloko Mauka subdivision.
The conditions have included a 100-foot wide "forest reserve
easement" along the existing public street fi~ontage of the subject
property, exclusive of access points permitted by the Department of
Public Works; a 30-foot "forest reserve easement" along all lot lines
not covered by the 100-foot easement; and a 100-foot wide structural
setback in lieu of the required 30-foot setback along the property's
public street frontage to provide an additional buffer. Restrictive
covenant(s) in the deeds of both 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 azea 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 is approximately $500,000 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 /mpacts: The applicants believe that the traffic generated by
the proposed lot subdivision will be minimal. The subdivision of this
property into two lots will add one additional lot to the subdivision.
2
Yim-('lark Change of Zone Application
h. Proposed on-site and off-site infrastructure: The intersection of
Kaloko Drive and Mamalahoa Highway is in need of improvement.
The applicants understand that all recent re-zonings in the Kaloko
Mauka area have been conditioned to require the applicants to
participate in the improvement of this intersection. The applicants
stipulate to this fact and will also participate in the improvements.
B. CONFORMANCE WITH STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural
3. Applicable goals/policies and objectives of the Genera[ Plan: The proposed
amendments to the zoning ordinance comply with the following goals,
policies and objectives of the Economic Element of the General Plan.
ECONOMIC
GOALS
o Provide residents with opportunities to improve their quality of life.
o Economic development and improvement shall be in balance with the
physical and social environments of the island ofHawaii.
o The County of Hawaii shall strive for diversity and stability in its
economic system.
o The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with
the County's natural and social environment.
POLICIES
o The County of Hawaii shall assist the expansion of the agricultural
3
Yim-Clark Chu,zge of Zone Application
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 ecanornic 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 irzcentives.
o The County shall ident~ and encourage primary industries that are
consistent with the social, physical, and economic goals of the residents of
the County.
The proposed amendments to the zoning ordinance comply with the following
goals, policies and objectives of the Land Use Element of the General Plan.
LAND USE
Through the careful analysis and examination ofpast and present situations, the
following goals, policies, and standards are set forth to physically plan the lands in the
County in the best interest of the island's residents.
GOALS
o Designate and allocate land uses in appropriate proportions and mix and
in keeping with the social, cultural, and physical environments of the
County.
o Protect and encourage the intensive utilization of the County's important
agricultural /ands.
4
Yim-Clark Change of Zone Application
POLICIES
o Allocate appropriate requested zoning in accordance with the existing or
projected raeeds of neighborhood, community, region and County.
o The county shall encourage the development and maintenance of
communities meeting the needs of its residerus in balance with the
physical and social environment.
STANDARDS
o Zoning requests shall be reviewed with respect to General Plan
designation, district goals, regional plans, State Land Use District,
compatibility with adjacent zoned uses, availability ofpublic services and
utilities, access, and public need.
(1) AGRICULTURE
The following goals and policies are intended to address some of the land
related problems oj'agriculture and are to be consistent with and supportive of
the overall land use element.
GOALS
0 Identify, protect and maintain important agricultural lands on the
island of Hawaii.
POLICIES
o Zoning shall protect and maintain important agricultural lands
from urban encroachment. New approaches to preserve important
agricultural land shall be implemented by the County.
o The ('ounry shall assist in the development of basic resources such
as water, roads, transportation and distribution facilities for the
agricultural industry.
o The County shall coordinate and encourage efforts to solve the
5
Yim-Clark Change of Zone Application
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-IOa). This request is consistent
with Hawaii County Council Resolution No. 58 97. (See Exhibit A).
6. Community Development Plan: This area is not covered by the Kona
Regional Plan.
7. Special Management Area: The property is not located within the County of
Hawaii's Special Management Area.
8. Chapter 205A: Coastal Zone Management Act: The subject property is
located approximately 7 miles from the shoreline surrounded by a regional
roadway system and residential subdivisions. The proposed use of the subject
property will not negatively impact the recreational resources, visual resources
to or from the shoreline, including access to and along the shoreline or coastal
ecosystem. Therefore no scenic or open space resources to the shoreline
coastal view plane or coastal ecosystem will be negatively impacted by the
proposed action.
6
Yim-Clark Change of Zone Application
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 25.718 acre pazcel
located northwest of the intersection of Haleamau Street and Kaloko Drive at
approximately the 3600 feet elevation. It is identified as Lot 5, Block 8,
Increment 2 (File Plan 1010), being a portion of R.P. 8214, L.C. Aw. 7715,
Ap. 11 to Lota Kamehameha, at Kaloko, North Kona, Island and County of
Hawaii, State of Hawaii. The property is heavily forested with slopes of
between 6 and 20%. The mean annual rainfall according to USGS Report R-
47 is approximately 70 inches. The soil is Class "E" (poor) and too rocky for
conventional agricultural uses. There are no structures on the property.
11. Lava Hazard Zone: The United States Department of the Interior/ Geologic
Survey designates this area on a descending scale of risk 1 to 9 as Zone 4.
About 5% of this area has been covered by lava since ] 800 and less than 15%
has been covered by lava in the last 750 years. "7_one 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.
7
Yim-Clark Chu~tge of Zone Application
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 Kona Extremely
Rocky Muck (rKYD), 6 to 20 percent slopes.
15. The Land Study Bureau soil rating: Soils within 1:he subject property are
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°l0; 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 are no drainage improvements on the site.
18. Air/noise/water quality: The air quality is excellent as there are no industrial
uses in the area and the normally occurring winds prevent the emissions from
the active volcano from affecting the quality of air on the subject parcel. The
area is a rural agricultural area as such there is little noise pollution. The
water to the site is provided by the Department of Water Supply and meets all
EPA guidelines.
8
Yim-Clark Chu,rge of Zone Application
Historic Resources:
19. Existing archaeological, cultural or historic sites on National Register or
Hawaii Register: The subject parcel is located in a forested area at the 2500
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 ] 971 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 agricultwal
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 applicants have requested a determination of "no effect" from the State
Historic Preservation Division. SHPD has granted these letters for the
neighboring properties of this subdivision.
Natural Resources:
20. ExistingJloral/faunal resources: The site is presently heavily forested with
native trees and shrubs such as ohia, tree fern, other native trees and shrubs,
and non native vegetation. Wildlife seen at the property consists of turkeys,
hawks, Chinese pheasants, and other forest birds. Vegetative cover is a
mixture of native and non-native. The proposed development has the
potential to alter the mixture of plant life, however the low density of
development and previously applied zoning conditions will assure
continuation of habitat for existing wildlife. The U. S. Fish and Wildlife
Service, in cooperation with the Alala Recovery Team, recommends that
certain selected essential habitats be preserved and properly managed to
provide for the continued existence and growth of the population of the Alala,
9
Yim-Clark Ctruage of Zone Application
an endangered bird whose population has reached :m extremely critical state.
The central Kona area along the north and west slopes of Hualalai is
considered to he the center of concentration for breeding Alala. The Plan
recommends that portions of the lands of Kaloko above the 3,200 feet
elevation be designated as essential habitat for the Alala. The subject property
is proposed to have 80% remain in native forest for this habitat.
21. Cultural Resources: According to the owners and neighbors, no valued
cultural, historical or natural resources exist of the subject property and no
gathering is taking place. To the extent to which traditional and customary
native Hawaiian rights are exercised, the proposed actions will not affect
traditional Hawaiian rights, therefore no action is necessary to protect those
rights.
22. Scenic or coastal resources: The property is located 7 miles east of the
shoreline and will not impact on coastal resources..As the subject parcel is
heavily forested, there are no view planes to be disturbed by the development
of the property. With the previously applied zoning conditions related to
buffers, setbacks and percentage of undeveloped land, all structures will be
well buffered from neighboring properties and the roadway.
Soeia[-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 lazge and growing share of the visitors to the island and
consequently the de facto population is larger than the census might indicate.
At any given time, up to one-fourth of those present in Kona are visitors. The
ethnic composition of the Kalaoa at the time of the 2000 Census was as
follows: Caucasian: 44.3%; Hawaiian: 10.3%; Asian: 13.4%; Two or more
10
Yim-Clark Change of Zone Application
races: 25.3%. This distribution illustrates a multicultural community with no
distinct minority groups.
24. Economic resources of the area: Aside from a few nurseries and small scale
agricultural endeavors within the subdivision, the surrounding areas are used
for pasture lands by various ranches and much of the land in the area is left
undisturbed for forestry.
25. Land values: According to prominent Realtors in the azea, the land values in
this subdivision have increased dramtically over the past few yeazs.
Surrounding lands:
26. Land use: The properties immediately surrounding the subject parcel within
the Kaloko Mauka Subdivision are low-density residential lots with minimal
clearing of the natural forest. There are some small pasture and nursery areas
within the subdivision. The State lands of Makaula-Ooma abut Kaloko Mauka
on the north frorn 2100 to 3500 feet elevation. These lands are native forest.
The Bishop Estate lands of Kaupulehu abut Kaloko Mauka on the north from
3500 to 5400 feet elevation. These lands are currently being grazed by
Hualalai Ranch. The Palani Ranch lands of Honokolrau abut Kaloko Mauka
on the entire southern boundazy. These lands have been historically grazed,
however a 80 acre parcel is presently being used for forest products. The
Kaupulehu Forest Reserve abuts the eastern or mauka boundary of Kaloko
Mauka.
27. Zoning: The property in the immediate vicinity of the subject pazcel is zoned
A-l0a to the north and east, and A-20a elsewhere. Properties within the
subdivision at lower elevations aze zoned FA-3a and A-Sa.
11
Yim-Clark Change of Zone Application
D. PUBLIC FACILITIES AND SERVICES
28. Aescription of access: The access to the subject property is from Kaloko
Drive and Halemau Street, 22 foot wide paved roadways with 8 foot grass
shoulders within 80 foot right-of--ways. Kaloko Drive intersects with
Mamalahoa Highway approximately 3 miles below the subject property. The
grass shoulders have proven to be an effective method of dispersing water
runoff from the roadway and after 20 years there is no evidence of erosion or
damage to the edge of pavement.
29. Availability of Water: Water is available to the site from the Department of
Water Supply via an 8" line on Kaloko Drive. The Department of Water
Supply considers the Kaloko Mauka Water System a separate system from
others in Kona. The system consists of transmission and distribution lines,
pump stations, and seven reservoirs which extend to the 5,106 foot elevation.
The reservoirs have a capacity of 500,000 gallons, sufficient for one unit for
each two acres of the Kaloko Mauka Subdivision. No water is contemplated
for landscape or agricultural uses, as the annual rainfall is adequate for these
purposes.
30. Sewage disposal: The applicants propose to use individual wastewater
treatment systems meeting with the approval of the Department of Health
(DOH) for all newly created lots.
31. Solid waste: Solid waste is taken to the County's solid waste transfer station
in Kealakehe west of the project site by the individual lot owners or a private
hauling service takes the refuse to the County landfill at Puuanhulu. The
applicants intend to use this existing transfer station for both lots.
12
Yim-Clark Change of Zone Application
32. Police and fire protection: This azea 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 park facility at the
Old Airport Pazk in Kailua approximately 6 miles from the subject pazcel.
35. Other utilities and services: There is electrical and telephone service on
poles along Kaloko Drive that presently serves the subdivision and these
services can be made available to the subject property as well.
E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS
1. Relationship between Local short term uses of environment and
maintenance and enhancement of long term productivity: In terms of the
relationship between short-term use of man's environment and the
maintenance and enhancement of long-term productivity, no short-term
exploitation of resources that would entail negative lorig' -term consequences
has been identified for the proposed action.
2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact:
All construction on the site will comply with all governmental regulatory
controls to mitigate noise and dust during the construction period. All
structures and infrastructure improvements constructed will comply with all
federal, state and county requirements. The applicants propose that the
conditions applied to other re-zonings in this subdivision be applied in this
13
Yim-Clark G..., age of Zone Application
case as well. 'T'hese include;
a. A 100-foot "forest reserve easement" for buffer purposes along the
existing roadway.
b. A 100-foot structural set back along the existing roadway.
c. A 30-foot "forest reserve easement along all lot lines as a buffer
between pazcels.
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 conservation plan shall be prepared for each of the subdivided lots.
g. A "fair share" contribution to mitigate any potential impacts will be
paid.
3. Alternatives to the proposed development: One alternative to the proposed
action would be to leave the entire pazcel vacant and undeveloped. This
would not allow the development of agricultural lots for residential uses,
forestry and agriculture. It would also not increase the real property tax base
as the proposed action would. It would not provide protection to the native
forest afforded by the conditions cited above.
4. Irreversible and irretrievable commitments of natural resources that would
be involved if proposed action is implemented: The construction of one
additional rural-residential unit would involve the irrev@rsible and irretrievable
commitment of negligible quantities of natural resources. The conditions
proposed to be applied to this request would help insure the protection of the
forest and natural habitat. There are presently no such restrictions on the
development of the property.
14
Yim-('lark Chu„ge of Zone Application
F. PROPOSED FINDINGS
Given the conformance with all established State and County goals, policies
and plans; the physical characteristics of the site and surrounding area; the
present zoning and uses of the surrounding area; the minimal impact on
public facilities and services; the minimal impact on the environment; the
applicants request a favorable consideration of this change of zone
application.
15
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. ~ 8 9 7
(Draft 3)
RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS
WITHIN THE KALOKO MAUKA SUBDIViS10N
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 reclazsified
to any zone district having a minimum tot size of less than twenty acres; and
WHEREAS, shortly after the adoption of Resolution No. 330.96, the Council approved
two change of zone requests for A-l0a lots above the 3,000-foot elevation with more stringent
requirements to mitigate the concerns established in Resolution No. 330.96; and
WHEREAS, the Council recognizes that a low density use patters for the mauka,
watershed lands of the island of Hawaii, in particular the Kona region, should be protected and
maintained for enviroameatal reasons; and
WHEREAS, the Council finds that a ma:cimtun dettsiry of two dwellings per tweny acre
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 arts, will
protect the watershed and native forest and maintain a low deruiry panern:
A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured
from the Planning Ducctor within five (5) years from the effective date of this
ordinance. The applicant shall reserve the following easements artd special setbacks in
perpctuiry for purposes of protecting and mainuining tutur~lly forested areas and shall
delineate such easements and setbacks on plans submitted for subdivision review:
1. A 100-foot wide 'forest reserve easement" along the existing public street
frontage of the subject property, exclusive of access points permitted by the
Department of public Works;
2. A 30-foot 'forest reserve easement' along all lot lines not covered by the 100-
foot eazement; sad
3. A 100-foot wide structural setback in lteu of the required 30-foot setback along
the existing property's n.:lic street frontage to provide an additional buffer.
B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting
existing roads shall specify and uphold the easements and setbacks set forth in
Condition The restrictive covenant(s) shall also specify that, including the area
comprising the forest reserve easements described in Condition no less than eighty
percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the
Planning Director for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an instrumen[
executed by the applicant and the County and recorded with the Bureau of Conveyances
prior to the issuance o[ 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 covenant(s) shall be
recited in an instrument executed by Ne applicant and the County and recorded with
the Bureau of Conveyances prior to the issuance of Final Subdivision Approval,
D. A forest management plan for the proposed lots within the subject property shall be
prepared and submitted for review and approval by the Planning Duector in
consultation with the State Department o[ Land and Natural Resources, the State
Department of Health, the State Department of Agriculture wad the U.S. Department of
Natura! Resources Conservation Scrvice. 'The forest management play shall require the
following:
1. Include at mirtirntun. the best forest and reforestation practices, program for
implementation and other applicable forestry management criteria, ixluding
chose of the State Department of Land and Natural Resources, such as the
Forest Stewardship Program or the Soil Conservation Scrvice Maaagetneat
Program.
2. The forest management program shall include a restrictive covenant for the
proposed lots within the subject property which sha!! be recorded with the State
of Hawaii Bureau of Conveyances wad/or Lam Court. A copy of the covenants
to be recorded shall be submitted to the Planning Director for review wad
approval prior to the issuance of final subdivision approval. A copy of the
approved covenant(s) shall be recited in an instrtument executed by the applicant
and the County and recorded with the Bureau of Conveyances prior to tht
issuarta of Cutal subdivision approval.
3. If more than twenty percent (20~) of the subject property has been cleared or
grubbed prior to the submittal of tt.e 'zest management plan or the record'utg of
the restrictive covenant(s), the rcfc:esvtion 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 total subdivision approval.
4, This forest management plan shall govern the proposed lots within the subject
property for a period of [fifty (50) years and its termination may be considered
after the 50-year period has elapsed by amending this ordinance requiring
County Council approval by ordinance. '
TIiEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII shat the Planning Commission consider favorable recommendations for A-1 Oa zotting
requests for only those parcels within the Kaloko Matilca Subdivision above the 3,000•foot
elevation and include the aforementioned conditions with such recommendation provided that
the other goals, policies, and standards of the General Plan are met.
BE IT RESOLVED that the Clerk of the County of Hawaii tratumit copies of this
resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Placating Commission Chaiman; and
Virgirtja Goldstein, Planning Director.
Dated: Hilo, Hawaii, this 2>~_ day of June , 1997.
t
INTRODUCED
UN IL -ivIBER, COUNTY OF HAWAII
OrLrrCES
COUNCY COUIVCII. ROLL CALL VOTE
County of Hawaii AYES NOES A85 EX
Hilo, Hawaii X
' x
l eeteey ceNty that tee forrtois~ RESOLlT1'ION wp Oy tee t.arTIQAATODD X
• ote iodicaeed a the riebt baser adapted e~ see COUNCQ. M tee tuY x
Couary or 9awdi oa Jtate 2, 1997 ttaYNOt.tu X
t?•PrTAPIt:aLO X
ATTEST: snore 7(
rYt.ca X
Y.~C4NC
8 0 1 0
Rerereoce /t'C-53
Cpl
CLERI( CBAIItMAN & PRESW~G OFFICER RESOLUTION NO. J 8 9 rI (DRAFT 3:
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Post Office l3ux 1101
MOOERS Kamuela, Hawaii 96743
ENTERPRISES LLC Phone (808) 88(1-1455
~ Fax(808J880-1456
Land Use Alternatives Ianooers(:ruhawaii.rr.com
June 6, 2005
Mary Anne Maigret
State Historic Preservation Division
74-383 Kealakehe Parkway
Kailua-Kona, Hawaii 96740
Re: Archaeological Reports
TMK: (3) 7-3-26:014 (Yims and Clarks)
Kaloko Mauka Subdivision
Kaloko, North Kona, Hawaii
Mary Anne:
I am processing a change of zone request for the property 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 property. There have been numerous change of zone
applications in this subdivision that have been processed without inventory surveys. Previously your
department has written "no effect" letters for these change of zone actions.
I have been informed by SHPD staff and archaeologists that there have been surveys done in this
subdivision and that the elevation of sites discovered were in the lower reaches of the subdivision. Given
the elevations of the subject property, at 3700 feet, it has been previously thought there would be no
features present.
I would like a letter from your office either finding there would be "qq effect" or guidance on the type of
archaeological work that would be required for you to make that determination.
Should you require additional information or have any questions, please contact me. I appreciate your
prompt response to this letter.
Sinc rely,
l~ ~~Pw~
Greg . Mooers
President
GRM:jy
MtY or NVY
~arv'N 9Cid~i ~ Lawrence K. lr9ahuna
A9arur Police Chref
Sri oYw~'M Harry S. Kubojiri
' Deputy Police i'hfej
County of Hawaii
POLICE DEPARTMENT
349 Kapinlani Streat e Hilq llawaii 96720-2998
18081935-3311 • Pex (8081961-2189
lily 7 74145
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM RONALD T. NAKAMICHI, ASSISTANT CHIEF,
AREA II OPERATIONS
SUBJECT Change of Zone Application (REZ 05-008)
Applicant: Errol & Andrea Yim
Request: A-20ato A-l0a
Tax Map Key: 7-3-26:14
Staff has reviewed the above-referenced application and has no comments or
objections to offer at this time.
However, we continue to maintain that until such time as adequate roads are
built to support the ever-growing population, construction, and additional
vehicles on our roadways, additional development must adhere to the County's
proposed policy on the principle of concurrency.
PK:dmv
CXHIBIT
2
"Hawai i Comrty is an Equal Opportunity Provider and Employer" - 4*'
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE:JuIy 22, 2005
Memorandum
TO Christopher J. Yuen, Planning Director
Planning Department
ER.~;aM Galerr M. Kuba, Division Chief;
Engineering Division
SUBJECT Change of Zone Application (REZ 05-008)
Applicant: Errol and Andrea Yim
Location: Kaloko, N. Kona
TMK: 3 / 7-3-26: 014
We reviewed the subject application for change of zone from A-20a to A-10a and our
comments are as follows:
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. Access to a County Street including the provision of adequate sight distances,
shall comply with Chapter 22 of Hawaii County Code and the approval of DPW.
3. Access from Kaloko Drive should be limited to one approach.
Should fair share contributions be assessed for roads and traffic, they should be
dedicated to improving the impacted facilities. An account for improvement of the
Mamalahoa-Kaloko Drive intersection has been the recipient of such targeted
contributions from previous zoning amendments.
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 327-3530.
KE
copy: ENG-HILO/KONA
PLNG-KONA
EXHIBIT
c\ warf,r
O~•1 f
Gppi
II 19
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`1
o
o a`
~l~wl xpwp\4'~p 345 KEKUA NAO'A STREET, SURE :?0 HILO, HAWAII 96720
TELEPHONE (608) 961-8050 PA% (808) 96}-.8657
July 25, 2005
l'{3. Mr. Chris(opher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-(108)
REQUEST: A-20A TO A-l0A
APPLICANTS - F,RROL AND ANDREA YIM
TAX MAP KEY 73-026:014
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 ReXulations, a water commitment may be issued. Based on
the one additional lot that is requested in the proposed Change of "Lone 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 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 he 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 of Hawaii, for
review and approval.
EXHIBIT
' 3 r
/ 'rl.a i...1
ut~~ d~~~,~~s ~~o~r'e~~.. . ,
(he Department of Water Supply is an Egual Opportun;ty provider and employee To file a compla'ml of tlisaimmation, write- USDA, Director, OHlce of Civil
Rights, Room 32fi-W, Whliten Building, 141h ana Independenco Avenue, SW. Washington DC 20.'50-9410 Or call (207) 720-59,4 (voice antl TDD)
Mr. Christopher J. Yuen, Planning Director
Page 2
July 25, 2005
2. Remit the prevailing facilities charge balance, which is subject to change, totaling $S,S00.00, 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.
FAC[GITIES CHARGE
Dne I'" service previous]y paid $ 0.00
One additional service $5,500.00 each _ +5,500.00
TOTAL {SUB.lECT 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,
i~)
__s___~
ilton D. Pavao, P.E.
Manager
SHK:sco
copy - Mc Errol and Ms. Andrea Yim
Mr. Gregory R. Mooers, Mooers Enterprises, LLC
(Y OI
Harry Kim ~
~ ~ !s Lawrence K. Mahuna
Mrryor Pokce Chief
'?'o:'d~"'~ Harry S. Kubojiri
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
;49 Kapiolani Sveet . Hilo, Hawaii 96720-3998
(808) 935.3311 Fax (808)961-2389
July 7, 2005
TO CHRISTOPHER J. YUEN, PLANNING DIR CTOR
FROM ~ ONALD T. NAKAMICHI, ASSISTANT CHIEF,
AREA II OPERATIONS
SUBJECT Change of Zone Application (REZ 05-008)
Applicant: Errol & Andrea Yim
Request: A-20a to A-l0a
Tax Map Key: 7-3-26:14
Staff has reviewed the above-referenced application and has no comments or
objections to offer at this time.
However, we continue to maintain that until such time as adequate roads are
built to support the ever-growing population, construction;'and additional
vehicles on our roadways, additional development must adhere to the County's
proposed policy on the principle of concurrency.
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EX
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"Hawai'i County is an Equal Opportunity Provider and Employer" d~ ~L~.C+~~~
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ENTERPRISES, LLC rat,°"`' (~0~) sR°-~'as;
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August 5, 2005
Mr. Christopher Yuen, Director
t".amm~g IJepartment
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ 05-008)
Request: A-20a to A-l0a
Applicants: Errol and Andrea Yim
'Cax Map Key: 7-3-26:14
Dear Mr Yuen:
Your staff has faxed me comments trom agencies regarding the application identified above and asked that
I respond.
Police Department:
No comments. No response is warranted.
Department of Public Works:
The applicant will comply with all provisions of Chapter ] Q related to erosion and sediment control; the
sight distances for the driveways will comply with Chapter 22; and driveway access onto Kaloko Drive
will be limited to one.
ri..purte'n C,^, v. vvaw: ui: iip~y.
The applicant understands that water is available for this project and will comply with the requirements of
the Department.
If you have any questions, or if additional information is required, please contact me at 880-1455. Thank
you for your prompt attention to this application.
Sincerely, i~,~~
j~„'p~/('wi
Grego . Mooers
President
EXHIBIT
S
4 er~acez.ao~ -aivros
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ERROL Y.L. YIM AND ANDREA B. YIM
CHANCE OF ZONE APPL[CATION (REZ OS-008)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendafion for a Change of
Zone from Agricultural 20-acre (A-20a) to Agricultura110-acre (A-l0a) for apprnzimately
25.718 acres of land be forwarded to the County CouneiL Since this recommendation is
made without the benefit of public testimony, the Director reserves the right to modify and/or
alter this position. 'Chis favorable recommendation is based on the following findings:
The applicants aze requesting a Change of Zone from Agricultural 20-acre (A-20a)
to Agricultural 10-ac;re (A-l0a) for approximately 25.718 acres of land to subdivide the
property into two lots approximately ten acres in size to be used as residentiaUagricultural
lots. "fhe applicants propose to construct a dwelling on each lot. Each dwelling is
estimated to cost approximately $500,000.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Pian 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 Agricultural 20-acre (A-20a) to the
Agricultural 10-acre (A-l0a) district will conform to the goals, policies aad
standards of the Geueral Plan Economic and Land Use elements. The Land Use
Pattern Allocation Guide (LU PAG) 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
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among the various land uses. 'Che LUPAG Map establishes the basic urban and non-
urban form for areas within the County. The subject area is designated Important
Agricultural Land. 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 Classificafion System identifies soils on the property as "E" or
"Very Poor" for agricultural productivity. The property is designated as Other Important
Agricultural Land (OIA[,) 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 (FI[2M) designates the property as Zone
"X", an area determined to be outside of the 500-yeaz flood plain.
The property is located on the north side of Kaloko Drive in the Kaloko Mauka
Subdivision at approximately the 3,600-foot elevation. Surrounding lands to the south
are zoned A-I Oa and A-20a and in low-density agriculturaUresidential uses surrounded by
pasture and forest land. Adjacent properties to the north are zoned A-10a. 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 crf Kaupulehu abut the ptoperty`~o 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.
'Che proposed access to the property is from Kaloko Dnive and Haleamau Drive,
both 22-foot wide paved roadways with 8-foot grass shoulders within an 80-foot right-of-
way. Kaloko Drive intersects with the Mamalahoa Highway approximately three miles
below the property. The Department of Public Works states that "access from Kaloko
-2-
Drive should be limited to one approach." As of this writing, no comments were received
from the Department of Transportation (DOT). However, the DOT has provided
comments f'or similar change of zones in the Kaloko Mauka Subdivision, expressing
concerns about the numerous rezonings in the Kaloko Mauka Subdivision and the
cumulative impact of these changes on the intersection at 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 recommended the following: 1) illuminate intersection at night, 2) channelize
turning movements at the intersection, and 3) provide other safety improvements. The
DOT has further stated that the intersection improvements should be made at no cost to
the State and requested that plans for improvements within the State highway right-of-
way be submitted to the Highways Division for review and approval. 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 Mama{ahoa Highway-Kaloko Drive
intersection is of a "T" configuration without channelization improvements. Conditions
of approval will be included to address the traffic concerns.
On June 2, 1997 the County Council adopted Resolution 230. 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 protc~t the watershedatid native forest and
maintain a low density pattern. 'fhe Resolution recommended that the Planning
Commission consider favorable recommendations for A-l0a zoning requests for only
those pazcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and
include the conditions as stated within Resolution No. 58 97, provided that the request
complies with the other goals, policies, and standards of the General Plan.
The Planning Commission recognizes that forest preservation is part of the
General Plan and has determined that the proposed reclassification is consistent with this
-3-
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 1Vo. 58 97.
"['he 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 Land designation by the General Plan LUPAG Map. The
requested A-l0a zoning is consistent with the recommendation of the Kona Regional
Plan. 7'he 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.
The property is presently heavily forested with rurtive 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 rewnin€s will assure the continuation of
habitat for existing wildlife.
'i'he '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 preseivt~ 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 witirin Block 8 at approximately the
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3,600-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 fir preservation as a habitat for the
'Alala.
As part of the ORice of State Planning's five-year State Land Use District
Boundary Review, the Water Resources Research Center recommends that the high
rainfall and fog-drip area rnauka of the 2,000-foot elevation be redesignated into the
Conservation District for protection as a watershed recharge area. The Kona Watershed,
which provides for the recharge of aquifers which suppliies most of Kona's drinking
water, includes those lands located within the Kaloko Mauka Subdivision and situated
alxwe the 1,900 foot elevation, which includes the subject property. The property,
located at the 3,600-foot elevation, does not seriously compromise the recommendations
of these studies beyond existing conditions. Although ttie 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 aher the existing land use conditions within Kaloko Mauka
Subdivision. lJses 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 ctindtibted in 1970 and 1971 by
Huehue Kanch, the developer of the Kaloko Mauka Subdivision. In addition, the
National Park Service published a report in 199 t 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 applicants, there is no record of historic sites on the property in either the National
or State Registers. The applicants have requested a "no effect" letter from the State
Department of Land and Natural Resources Historic Preservation Division.
-5-
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 ] 00-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 olFthe subdivided lots;
• a "fair shaze" 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 reyuest 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 wastal hstzard and beach erosion. There
is no record of a designated public access that traverses ttre property. According to the
applicants, 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.
Water can be made available from a 4-inch waterline in Kaloko Drive. The
applicants state that the Department of Water Supply amsiders the Kaloko Mauka Water
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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.
1n 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 prac5ces of the site:
• Investigation o1'valued resources: No formal archaeological reconnaissance
survey, oral history o1' kamaaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
However, there are existing azchaeological studies of the immediate area.
• The valued cultural, historical, and natural resources found in the rezoning area:
Accarding to the applicants, the parcel is located at the 3,600-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. Tltis 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. Accoi•aing to the applicants, there
is no evidence that the flora in the azea are particularly desired or used for cultural
practices.
• Feasible actions to protect native Hawaiian rights: According to the applicants,
no gathering is taking place on the site. Thus, to the extent to which traditional
and customary native I fawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights.
Based on the above findings, approval of the Change of Zone request from an
Agricultural 20-acre (A-20a) to the Agricultural l0-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.
-g-
CYimRE%.doc-R/9/05
ERROL Y.W. YIM AND ANDREA B. YIM
CHANGE OF ZONE APPLICATION (REZ OS-008)
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 oFChapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Llse Agricultural District.
C The applicants shall submit the required water commitment payment to the
Department of Wa[er 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 (S) 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 ] 00-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. Access from Kaloko Drive shall be limited to one approach.
F. 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.
G. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
H. A forest management plan for the proposed lots within the subject property shall
be prepazed and submitted for review and approval by the Planning Director in
consultation with the State Department of Land and Natural Resources. The
forest management plan shall require the following:
1. Include at minimum, the best forest and reforestation practices program for
implementation and other applicable forestry management criteria,
including those of the State Department of Land and Natural Resources
(i.e. Forest Stewazdship Program).
-2-
2. The forest management program shall include a restrictive covenant for
the proposed lots within the subject property which shall be recorded with
the State of Hawaii Bureau of Conveyances and/or Land Court. A copy of
the covenants to be recorded shall be submitted to the Planning Director
for review and approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant(s) shall be recited in an
instrument executed by the applicant and the County and recorded with the
Bureau of Conveyances prior to the issuance of Final Subdivision
Approval.
3. 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 c;ovenant(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 goverr~ the proposed lots within the
subject property for a period of fifty (50) years and its termination may be
considered after the 50-year period has elapsed by amending this
ordinance requiring County Council approval by ordinance.
I. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works. 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.
J. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials, he encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
-3-
K. The applicants shall prepare a Solid Waste Management Plan for the development
meeting with the approval of the Department of Environmental Management.
L. The applicants shall make their fair share contribution to mitigate the potential
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. The fair share contribution to address the
potential road impacts shall be in the form of cash and/or in-kind services
approved by the County Council and shall be applied to improving the Kaloko
Drive/Mamalahoa Highway intersection. The fair share contribution shall have a
value of $9,991.20 per additional lot. Based upon the applicants' representation
of intent to subdivide and develop up to one (1) additional lot, the indicated total
fair shaze contribution is $9,991.20. The fair share contribution shall be allocated
as follows:
• $9,991.20 per additional lot for an indicated total of $9,991.20 to the
State or County to support road and h~affic improvements.
The fair share contribution shall be adjusted annually by the Hawaii County
Planning Department, beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). Upon approval of the fair share contributions, the Director shall submit a
final report to the Council for its information that identifies the specific approved
fair share contributions, as allocated, and further implementation requirements.
M. 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.
N. The applicants shall comply with all applicable County, State and Federal laws,
rules, requirements and regulations.
-4-
O. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the fo{lowing
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 are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not: be contrary to the original
reasons for the granting of the change of:zone
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
S. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicants' request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the azea to its original or more
appropriate designation.
-5-
c~uN`r~ or~ x~~jAr~r sr.~~rE ®F ~-l~`~A~~
BILL ~vo.
(PLANNING DEPT)
~)RDINAi+1CE i`d0.
AN ORDINANCE AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT
ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION PROM AGRICULTURAL
(A-20a) TO AGRICULTi_JRAL (A-l0a) AT KALOKO, NORTH KONA, HAWAII, COVERED
BY TAX MAP KEY 7-3-26:14.
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-l0a):
Begitming at the Southwesterly corner of this parcel of land, being also the
Northwesterly corner of I (aleamau Street and being a point on the Easterly side of Kaloko
Drive, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANl1IAHEA"being 10,347.06 feet South and 3,470.78 feet
East and running by azimuths measured clockwise from True South:
l . 143° l (1' 1,315.63 feet along the Easterly side of Kaloko Drive
to apoint;
2. 233° 10' 100.00 feet along Lot 2 of Block 8 of Kaloko
Mauka, [ncrement 2 (File Plan 1010) and
along the remainder of Royal Patent 8214,
Land Commission Award 7715, Apana 11 to
Lota Kamehameha to a point;
3. 323° 10' 962.39 feet along Lot 5 of Block 8 of Kaloko
Mauka, Incrcmient 2 (File Plan 1010) and
along the remainder of Royal Patent 8214,
-1-
Land Commission Award 77 (5, Apana 1 1 to
Lota Kamehameha to a point;
Thence, for the next four (4) courses following along the Westerly side oC
Haleamau Street:
4. i5" 35 504.63 feet to e point;
"Thence, following on a curve to the right with a radius of 460.OQ Ceet, the chord
azimuth and distance being:
5. 34° 22' 30" 29636 feet to a point;
6. 53° 10' 169.53 feet to a point;
Thence, following on a curve to the right with a radius of 50.00 feet, the chord
azimuth and distance being:
7. 98° 10' 70.71 feet to the point of beginning and containing
an area of 25.718 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:
(I) Necessary to prevent circumstances which ;may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the pol.entially deleterious effects of
the proposed use, or
(B) Fultiliment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance,
-2-
SIiCTfON d. This ordinanee shall fake effect upon its approval.
INTRODUCED BY:
COUNCIL DQEP~1EtER, COUNTY OF HAWAII
IIVTRODUCF.D I3'Y:
COUNCIL, MEMBER, COUNTY OF HAWA[`I
Fiawai`i
Date o£ Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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A-Sa / n9.20a ~ ~ ~ -
A3a A Ja ~ FA.Sa A Ja%' A 20a
7,750 875 0 1./50 3500 6.250 7D00 8J~50
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL (A-10a)
AT KALOKO, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
MK~ 7-3-026:014 Date: July 12, 200
EXHIBIT ~~A" (Errol Y. W. and Andrea B. Vima 769)