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HomeMy WebLinkAboutCOM 0977.000 1996-1998 William C. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho Y~ Deputy Managing Director (9II1111fk1 of 'Faivan 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 - September 3, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 98-3) Request: Agricultural to Rural Change of Zone Application (REZ 98-14) Request: A-5a to RA-2a Applicant: Henry Clinton Williams and William R. Sanford Tax Map Key: 6-2-11:22 Change of Zone Application (REZ 98-11) Applicant: Michael & Gale Sansone and Rhody & Susan Edwards Request: A-20a to A-10a Tax Mao Key: 7-3-26:09 Change of Zone Ordinance No. 90-85 (REZ 665) Applicant: Wham, Inc. Request: Amendment to Conditions B & C, Delete Conditions D & E Tax Map Key: 7-5-4:6 and 13 Change of Zone Ordinance No. 90-139 (REZ 674) Applicant: Dale McGowan Request: Time Extension to Condition C Tax Mao Key: 5-9-8:5 N~. 91 P11e N -2-N 67- A" Ref. Tot _ Se_ Ref. 17~tR__~SEP iD 8 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 September 3, 1998 Street Name (SUB 6008) Kipona Hills Subdivision and Sunset Ridge at Waikoloa, Phase 3 Subdivision Tax Man Key_ 6-8-29:39-44 Street Name Kaloko Light Industrial Subdivision Tax Mao Keys 7-3-51 Street Name Kona Heavens Subdivision Tax Map Key_ 7-3-9 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, Y ashiro jen K. Mayor LWHIMI.MAY Enclosures cc: Planning Department 451, 11 d-9 a. IOWA Stephen K. Yantashiro Mayor KLouitty of WZaI( PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %7204252 (808) 961-8288 r Fax (M) %1-%15 SEP 0 3 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-11) Applicant: Michael & Gale Sansone and Rhody & Susan Edwards Request: A-20a to A-10a Tax Map Key: 7-3-26709 The Planning Commission, after a duly held public hearing on August 20, 1998, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 20.990 acres of land from Agricultural (A-20a) to Agricultural (A-10a). The property is located in the Kaloko Mauka Subdivision at the intersection of Kaloko Drive and Makahi Street at approximately the 3,200-foot elevation, Kaloko, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The applicants submitted an application for a Change of Zone for approximately 20.990 acres of land by changing the district classification from Agricultural (A-20a) to Agricultural (A-10a) in order to subdivide the property into two lots, each consisting of 10.495 acres and an existing dwelling. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 On June 2, 1997, the County Council passed Resolution No. 58-97 amending County Council's Resolution No. 330-96. This resolution amends the Council's policy relating to the rezoning of district boundaries within Kaloko Mauka Subdivision. The Council finds 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 recommends that Agricultural-10 acres (A-10a) zoning requests may be approved for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the conditions as stated within Resolution No. 58-97. The resolution recommends that Agricultural-10 acres (A-10a) zoning requests may be approved for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation with conditions. The property is located in the Kaloko Mauka Subdivision at the intersection of Kaloko Drive and Makahi Street and at the 3,200-foot elevation, Kaloko, North Kona, Hawaii, TMK: 7-3-26:9. The Change of Zone Application from Agricultural-20 acres (A-20a) to Agricultural-10 acres (A-10a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use and Agricultural Elements: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. * The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. * Protect and encourage the intensive utilization of the County's important agricultural lands. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 * The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Agricultural land shall be used as one form of open space or green belt. While the potential for intensive and/or extensive agricultural uses may exist, the project site is comprised of soils identified as Kiloa Extremely Stony Muck (rKXD). This soil consist of well-drained, thin, extremely stony organic soils over fragmental A'a lava and is used primarily for woodland and pasture. Soils within the subject property have been classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. Finally, soils within the subject property are classified as "Unique Agricultural Land" by the ALISH system. "Unique Agricultural Land" are lands that have the special combination of soil, quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. The recordation of deed restrictions for individual lot owners to file a conservation plan with the Kona Soil and Water Conservation District will encourage agricultural activities or the presentation of the lands within the proposed subdivision in a manner consistent with the "Orchard" designation by the General Plan LUPAG Map and "Unique Agricultural Land" designation by the ALISH system. The requested A-10a zoning is consistent with the recommendation of the Kona Regional Plan. The proposed subdivision of two 10-acre lots would be compatible with the agricultural character of lands located within the upper elevations of Kaloko Mauka Subdivision which are primarily zoned A-20a and A-10a. The applicants have agreed to impose restrictive covenants requiring the filing of a conservation plan with the Soil and Water Conservation District as well as restricting the construction of second dwelling units on each subdivided lots. The 10-acre lot sizes will also provide additional opportunities for residents who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by the larger 20-acre parcels. Lands located within the upper regions of Kaloko Mauka Subdivision are predominantly zoned A-20a. Recent zoning classifications have been approved for 5-acre parcels at the 2,900-foot elevation and 10-acre parcels at the 3,000-foot elevation. The subject property is adjacent to and bounded by 20-acre zoned lands. However, an increasing number of parcels are being affected with condominium property regimes. In addition, in keeping with the policy of the County Council, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 conditions of approval related to the forest reserve easement and 100-foot building setbacks are being included. Therefore, a favorable recommendation of this change of zone request will be consistent with the surrounding land use pattern already established within this portion of Kaloko Mauka Subdivision. The subject property is located at the 3,200-foot elevation. The 'Alala Recovery Plan, prepared in an effort to preserve the habitat of the critically endangered 'Alala, recommends that portions of Kaloko Mauka Subdivision above the 3,200-foot elevation be designated as "essential 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 subject property, located above the 3,000-foot elevation, does not seriously compromise the recommendations of these studies beyond existing conditions. While the subject property is located at the elevation recommended for preservation as a habitat for the 'Alala, it is located above the approximately 2,000-foot minimum elevation recommended by the Office of State Planning and the Water Resources Research Center for protection as a watershed area. Approval of the requested change of zone will not alter the existing land use conditions within Kaloko Mauka Subdivision. Whether a parcel has an Agricultural zoning with a minimum lot size of 10 or 20 acres, uses permitted within the Agricultural District will allow for a variety of agricultural activities to be conducted on the property. Therefore, favorable consideration of this request will also complement the goals, policies and standards of the Land Use and Agricultural Elements of the General Plan previously cited above. Primary access to the subject area from the Mamalahoa Highway is provided by Kaloko Drive, a County roadway having a pavement of approximately 20 feet with 8-foot wide grassed shoulders within an 80-foot wide right-of-way. This road is able to accommodate the proposed 2-lot subdivision. The Mamalahoa Highway-Kaloko Drive intersection is of a "T" configuration without channelization improvements. The analysis of traffic along Kaloko Drive and at its intersection with the Mamalahoa Highway found that there are no appreciable delays at this intersection during the AM and PM peak traffic hours. The State Department of Transportation and County Department of Public Works have expressed the need for improvements to the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Mamalahoa Highway-Kaloko Drive intersection. The need for such improvements is essential since similar changes of zone may occur throughout the Kaloko Mauka Subdivision and the creation of additional homesites placing additional traffic burdens on the intersection. A fair share condition related to this has been included to assist in payment to the fund already created by previous change of zone ordinances for the improvement of the Mamalahoa Highway-Kaloko Drive intersection. The improvement of the intersection would be coordinated with the State Department of Transportation by the Department of Public Works. The existing County's North Kona Water System presently provides water to the subject property. Wastewater generated by the existing dwellings are disposed of utilizing an individual wastewater disposal system which meets the requirements of the Department of Health. All other essential utilities and services are or will be made available to support the proposed development. An archaeological investigation of the Kaloko ahupua'a was conducted by Huehue Ranch, the developer of the Kaloko Mauka Subdivision. According to the application, archaeological sites may be located within the subject property. The applicants stated that no construction or land alteration activity will commence until such time that the appropriate clearances are secured from the affected State and County agencies. It is recommended that an archaeological study of the subject property be submitted for review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) prior to the submittal of plans for subdivision review. Should significant historical sites be located within the subject property, an archaeological preservation/mitigation plan shall be submitted for review and approval by the Planning Director in consultation with the DLNR-HPD prior to the issuance of Final Subdivision Approval or any land alteration activities. In addressing potential adverse visual impacts the clearing of the subject property for individual home sites and agricultural uses may have on the existing upland forest character within the subject area, the applicants have proposed a 100-foot wide "forest reserve easement" for buffer purposes along the existing road, a 100-foot wide structural setback along the existing roads in lieu of the required 30-foot setback, a 30-foot "forest reserve easement" along all lot lines not covered by the 100-foot easement, and a provision that no-less-than eighty percent (80%) of the entire lot area be retained in forest. These recommended conditions will attempt to preserve the forest corridor so prominent along the roads of Kaloko Mauka Subdivision. e - Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 Based on the above findings, approval of the Change of Zone request from Agricultural-20 acres (A-20a) to Agricultural-10 acres (A-10a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-2, the North and South Kona District Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, 7~'. Kevin M. Balog, Chairman Planning Commission LSanso02TC Enclosures cc: Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu f APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT KALOKO MAUKA SUBDIVISION LOT 1 BLOCK 7 TMK 7-3-26:09 A-20a to A-10a Owner/Applicant: Michael & Gale Sansone Rhody & Susan Edwards COUNCIL COPY DO NOT REMOVE ATTACH. C-977 (B-292) ten,. OWN (1/#"" *?°111,1 ♦ wu'eoniddd:sa!do0 :'IdN gnio -nas aq pings saidoo pun aouapuodsauoa ieai2uo ulogM o1 a2Eotput aseaid :SS32IQQy V/N :jN39d NOLLVZRIOH.Llb A2iOIVNJIS (S) 2IaNMO 3A0SH Sd 3INYS:ZI3NM003 11/I SMI0d 066"0Z:Q3NO232I 3S 01.(S)d32IH(1310331V 110 A.L?I3dO?Id AO d31V 60:9Z-£-L MAL dVIN XVI (Suzuoz pasodoid) (Suiuoz Supsncqj BOI-v 01EOZ-V :IS3f10321 IOZ£-s :30143QI02I :SSallSf1g-3NOH4:13131 S2II3Li3O dO 3YVN ONIQf1DNI(s)ivdIONRId IS11 2I3NMO ION di 1S33BJ1 U S Drlddd.LSI v. _tvos- Ary:- nivr OIS S.I.NY0lddd sP P3 d S PU q'auosuUS V 21ED ..LNd3nddd 1N3IN.L1Ibd3Q JN[NNY 1d IIVMVH dO£LNflOO 3NOZ dO 3DNVHO 2!Od NOLLVOrlddV APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT KALOKO MAUKA SUBDIVISION LOT 1 BLOCK 7 TMK 7-3-26:09 A-20a to A-10a Owner/Applicant: Michael & Gale Sansone Rhody & Susan Edwards COUNCIL COPY DO NOT REMOVE 1 ATTACH. C-977 (B-292) APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Michael '�' (��.,le ° Sansone Rho�+X and S san P Edwards 41�,r L 1 U � APPLICANTS SIGNATURE: ,i_ 9 ,00Pr LIST APPLIC S INTEREST IF NOT OWNER LIST PRINCIPAL(S)INCLUDING NAME OF OFFICERS TELEPHONE-BUSINESS: RESIDENCE: 325-3201 REQUEST: A-20a TO A l0a (Existing zoning) (Proposed zoning) TAX MAP KEY: TMK 7-3-26:09 AREA OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 20.990 ACRES LANDOWNER: SAME AS ABOVE OWNER'(S) SIGNATORY AUTHORIZATION AGENT: N/A ADDRESS: Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant Copies: Applicant TMK 7-3-26:09 Applicant: Michael and Gale A. Sansone Rhody and Susan P. Edwards TABLE OF CONTENTS APPLICATION VICINITY MAP 1 LOCATION MAP 2 SITE PLAN 3 REASONS FOR REQUESTING CHANGE OF ZONE 4 Adherence to General Plan Policy SUPPORTING INFORMATION AND DOCUMENTS Description of Property 6 Current Uses and Activities on Subject Parcel 6 Current Uses and Activities on Surrounding Lands 6 Climate and Rainfall 11 Flora and Fauna 11 Infrastructure 13 Archaeology 15 Drainage 15 History of Zoning Applications in Kaloko Mauka 17 PROPOSED USES AND CONDITIONS 20 ZONING QUESTIONNAIRE 21 ii • LISTS OF MAPS AND TABLES VICINITY 1 LOCATION 2 SITE PLAN 3 CURRENT ACTIVITIES,KALOKO MAUKA 8 MAJOR LAND OWNERS, SURROUNDING PROPERTIES 9 CURRENT LAND USE, SURROUNDING PROPERTIES 10 TABLE 1 -ANNUAL RAINFALL, 1973-1992 11 ANNUAL RAINFALL ISOHYET 12 EXISTING WATER SYSTEM 14 GEOLOGICAL AGE 16 CURRENT ZONING, SURROUNDING PROPERTIES 19 iii —� -0 -_�f' 0Aµ'. 4--.0# G 'U, * G - - 7 rr_400 . -�_ 0 I 2 5 Y G _ ;'G°I E N FEET!X b00i A U� �- ' SNA �® 111'I�` _ /.- ,ea 7 ,..,._4111W,O." 7- 11 c =in, , ��_ ..e..1 , s imuisilri soon —. .. 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N � 71 o Z may , O J 0 -4-, No cp _Wz .1:1– ° ° 0 (r) p0 ,� Q -► Q � ° 0 W .0 CC m : 12( rN � Q W Q U r o r y. an t O —i O z: - mo 0 3 00 (I) Q Z z 0 Nes:� Nct `� to 0 2.: O o", Q 0 v0rn Q LuCC .4 ,; . a. o 0 r W 2,. < 33 N '. '~i, , 000001 �; W� 0 Q �' & Lu V Lu Q- Lu 6,,,,, O. et 0 a 0 Ln soRr \BSS O a P Z Q I Q I I o� N _ W - z r__; #11023 2 Lot 1. Block 7 PROPOSED REZONING DESIGNATION A-20a To A-10a LOT 1, BLOCK 7 OF KALOKO MAUKA SUBDIVISION, INCREMENT 2 (FILE PLAN 1010) Land situated along the Southerly, Easterly and Southwesterly sides of Kaloko Drive at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 1, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010); and Being a portion of: Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha. Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 2, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and being a point on the Easterly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 9,372.52 feet South and 1,160.62 feet East and running by azimuths measured clockwise from True South: 1. 183° 00' 580.00 feet along the Easterly side of Kaloko Drive to a point; Thence, following along the Southerly side of Kaloko Drive on a curve to the right with a radius of 460.00 feet,the chord azimuth and distance being: 2. 253° 05' 864.97 feet to a point; 3. 323° 10' 580.00 feet along the Southwesterly side of Kaloko Drive to a point; 4. 53° 10' 670.15 feet along Lot 3, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; #11023 2 Page 1 of 2 WES THOMAS ASSOCIATES Land Surveyors 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-181 7 #11023 2 I nt 1 Block 7 5. 93° 00' 670.15 feet along Lot 2, Bock 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to the point of beginning and containing an area of 20.990 Acres. r,"\\ 7. °�„ T Y WES THOMAS ASSOCIATES f MEWED - (f- PROFESMONAIL LN / i' &v. ..4• 4114,/Chrystal Thomas Yamasaki #49'VAN,V• F' Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-3-26: 09 (3rd Division) May 19, 1998 #11023.2 Page 2 of 2 WES THOMAS ASSOCIATES Land Surveyors 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT TMK: 7-3-26:09 Applicant:Michael&Gale A Sansone Rhody&Susan P.Edwards REASONS FOR REQUESTING THE CHANGE OF ZONE The owners wish to subdivide the property into two lots of approximately 10.4 acres each. This property is presently a CPR with two homes which are occupied by the above applicants. The property also has two separate water meters. The property was filed as a CPR in April 1993. ADHERENCE TO GENERAL PLAN POLICY The parcel currently has a Land Use Designation of Agriculture and County zoning of A-20a. The General Plan designates the parcel "Extensive Agriculture". The proposed rezoning and subdivision into two parcels is consistent with the General Plan Policy: M. LAND USE Standards (1) Agriculture Policies: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The expanded form of the above policy can be fund in the General Plan Support Document in the Land Use-Agriculture subsection: Rural-style residential-agricultural developments may include either small scale rural communities or extensions of existing rural communities. Such development provides opportunities for a mix of residential and small scale agricultural activities. However,the primary intent of these developments would be to provide an added range to housing opportunities. Along with this housing,the large lots of these rural areas will provide opportunities for part-time agriculture, gardening activities and the raising of livestock on a small scale. By providing opportunities to satisfy the demand for a rural lifestyle on marginal agricultural land,the pressures to develop are important agricultural land for these purposes would be decreased. 4 Kaloko Mauka is an appropriate location for satisfying the General Plan Land Use Policy. It is n extension of the existing rural community of Kalaoa and has existing infrastructure of roads,electric power,and water. With overall soil classification of"E" (poor),the soil is too stony and irrigation costs are too high for mechanized or large scale agriculture. The areas, however, is well suited to use and enjoyment of part-time agriculture,gardening activities,4-H participation,forest activities, and cohabitation with wildlife. The proposed subdivision into two lots is consistent with recent rezoning below and above the subject property. An effective density of one residence per ten acres has been established in the immediate area via use zoning and Ohana residences. 5 SUPPORTING INFORMATION AND DOCUMENTS DESCRIPTION OF PROPERTY The subject is a 20.990 acre parcel at the 3200 foot elevation on Kaloko Drive in the Kaloko Subdivision in North Kona. File Plans for the first four increments of Kaloko Mauka Subdivision,including this parcel,were filed prior to enactment of Chapter 23,Hawaii County Subdivision Code. The owners of individual lots with the subdivision petitioned the County under the County Improvement District statues,and Improvement District 10 was created.The improvement district was the financing vehicle for installation of the roads, water and power which service Kaloko Mauka,and the improvements were paid 100%by the lot owners. CURRENT USES AND ACTIVITIES ON SURROUNDING LANDS KALOKO MAUKA SUBDIVISION The Kaloko Mauka Subdivision originally contained ninety-one parcels extending from the 1700 foot elevation to the 5700 foot elevation of Hualalai,in the Ahupuaa of Kaloko. As a result of rezoning and subdivision activity over the past twenty years,parcel sizes in the lower elevations, 1700 feet to 2600 feet,are now a mixture of 3-acre and 20-acre. The remainder of the lots are 20+acres in size. Recent zoning reclassification have been approved for 5-acre parcels at the 2900 foot elevation and 10 acre parcels at the 3000,3400,and 4200 foot elevations. Uses and activities on parcels of all sizes are typically a combination of residential,pasture,orchard, and gardens,and might best be described as"family farms". A relatively homogenous pattern of land use activities is being established at all elevations in Kaloko(see map titled Current Activities,page 8). Cattle are being grazed on parcels at 2200', 3500',and 5000'and there are nurseries and tree farms at different locales throughout,as well as residences. The use of Ohana regulations and State condominium statutes is resulting in an effective density of one lot per 10 acres in the upper Kaloko area. LANDS SURROUNDING THE KALOKO AHUPUAA Ownership Kaloko Mauka is surrounded by three major land owners: The State Of Hawaii,Bishop Estate,and Palani Ranch,(see map titles Major Land Owners,Page 9). Current Uses(see map titles Current Land Use,Page 10). The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are in 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. 6 The Palani Ranch lands of Honokohau abut Kaloko Mauka on the South along its entire boundary. These lands have historically been grazed. Recently,an eighty acre parcel(4500 to 5700 feet elevation)is being used for forest products. The Kaupulehu Forest Reserve(Bishop Estate)abuts the Mauka boundary. Approximately 75%of the land surrounding Kaloko Mauka has been used for grazing purposes for many decades. There are no near-term plans which would alter these uses. 7 ::: :::; :: : -:::::::::::•:::::::::::::::*::::..di :::: •. . :'R :::><:•:•>: LEGEND ::-:.*::.*:.i::1:::::: :;: ::;: •• R RA 40 TOWER .>: H.::::::.:7.. :tel':;:�:::�:�':::::: ::::'t • 0 ''_ r:::::::::.: 0 OHANA PMT . 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A • • l 1000 0. o 1 Z • 7 S - (/ P ® %...E N FEET W1000/ va - .i ref . ,,x,,,....----_.J. -- - v... / ,, i raimli .-- 1 1,1011111 li tv ■ ,� -- T '11 VIII S ATE s FT-(Xf NAN=ir hiAWAII� '1=:= 1 4;t1hii � , :7471.71-_i_.- \ ra4Init , Atii Alogpmemo- IOW , ...atzglai -- 4$1,a,,s. low 71...-_-sou. Awl sk. ION • ditx -- of I rillikVAV*4?- AB 0\, .rlwr'' I . Vit.P� y/4 i t �tili it t7 '10 �1 \ \ \ • g P "4 . ( .. i„op % . s, \ \ \ w• - \, S ,ATIE OF 1HIA Al , _ N. .,./."- 101 • .---0 eletit (i.V' ail'-' r. . orid�� _;� 0111013, A . q MAJOR LAND OWNERS SURROUNDING PROPERTIES OF ` � r7000�-." 0 1 2 ) 4 5 --. \ / '7G111E N FEET 0(10001 _. 1®_arit111 I'�~ GRAZING . - s •4 0G QA _, al-rjr=t1111 K.1 tM! NA 1 =1irAmimm1 w tzmist \ -44' 44' row& r-. --si .:-:-_Amu, i �`�. , 'ii 111 FOREST (L` :,,.= �1110 ' •, PRODUCTS 11111t ,..,!%��,.� tiI i n�'I �� "�'��KV • \, FOREST -4-; t7�1 fir;hA 7 ff.* �`Q \ ‘1 yy1 1\ , * ,„:„4(. `1 illL-OfllIllF 0.,ow, \ \ . 0 \,, ,, N, '• , 00 I Pra \ ••---• Ttyr (P EVIOUSLY,GRAZING, � -0) ,..4004.0110111104) bs CURRENT LAND USE l0. SURROUNDING PROPERTIES ' CLIMATE AND RAINFALL The subject parcel is located at the 3200 foot elevation in Kaloko. Temperatures at this elevation are approximately fifteen degrees cooler than coastal temperatures. The existing infrastructure provides access to a unique living and growing climate in West Hawaii. Average rainfall, according to USGS Report R-47 is approximately 70 inches. Weekly rainfall records kept by Mr. Wm: Moss for the 20 years between 1973 and 1992 at the 1500 foot elevation in nearby Kealakehe, indicate that rainfall has been off (less) by approximately 30% since the current eruptive activity at Kilauea began in 1983. Table 1 below shows annual rainfall figures from the Moss rain gauge. As evidenced by activities on surrounding properties, rainfall and climate at the subject location is conducive to a range of agricultural activities. These include grazing, orchard, nursery, tree farms and gardening. ANNUAL VS. PREVIOUS 5-YR AVERAGE Moss gauge 90.00 _ 80.00 AVERAGE RAINFALL PREVIOUS SYR PERIOD -J 70.00 — — LI 60.00 — . _■_—�_ — g50.00 — —^ — — _ ■ • —j_11 • N 40.00 = 30.00 U --. Z 20.00 10.00 — 0.00 4 1 1 1 1 1 . ,,x:14• 1 1 1 / 1 1 1 1 1 1 1 r- ^ N. CO � CO CO N corC) co co w a) co 0 a) aN) a) a a) a) a) a) a) a) a) a) a) a) a) a) rn rn a) a) a) a) TABLE 1 —FLORA AND FAUNA The subject parcel is forested with ohia, tree fern, and other native trees and shrubs, as well as non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese pheasant, and other forest birds. Though the area above 3200 feet in Kaloko has been considered an important habitat for the 'Alala, recent discussions with Jon Giffin, of DLNR, indicate that there have been no sightings in Kaloko during this decade. 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 10-acres per unit and proposed zoning conditions will assure continuation of habitat for existing wildlife. 11. 1 - r J."' /� -- '`ANC�, Nry / 5 •, fl /---: f)-P • / rwoo - o i 2 f'7 7/—'- 7 %ALE N FEET OC 1000)C. O �O� �- G jr ./". �u • / ►::►! y • 11-1 WIWI M K A U A / 7:2-'011011.111"M TAILitt2.11111 0 A A I AN 4 �` .. ,e.;. INN= 1 *I'IiI %'" J 7.51....r.......st 4, prAvlbili, 111P - 11111114111110.0:44V .. aik \ %%MO%11 1a .,.i. .:Arly...4,wriet.4, , ...-Imisi,vv4tth poi. .. 4- 0 S \ ‘1 . veto 00 t p kki... ..40....10. L , . 1. \*'-- ‘ \ . \ —. at 0 O I'\wlirt.w \\„ P' T 7 A—)'4I 2defs W\_, ,.\ 4..:::,,„„-- ",..-- r -, -At 141416 4" #/1 I I It , \ A iafjair'el-O- ‘),,, r-\:\s ''‘.•4: ,s5\t.\ P.--.‘. O 0, j�j�jr• O, 0 .Mo55' Bain gauge ANNUAL R A N g A L L 12 , SOURCE: USGS REPORT R-47 INFRASTRUCTURE ROADS The property is accessed from Mamalahoa highway,and is located approximately four miles up on Kaloko Drive.Kaloko Drive is paved with 8 foot grass shoulders. The grass shoulders have been an effective means of dispersing runoff from the paved section,and no should erosion is evident in the 20 years since construction. The proposed subdivision into two lots is presently a two family CPR,with two homes and two separate driveways. There is no increase in traffic WATER The Department of Water Supply considers the Kaloko Mauka System separate system from others in Kona. The system consists of transmission and distribution lines,pump stations,and seven reservoirs which extend to the 5,000 foot elevation. The reservoirs have a total capacity of 500,000 gallons,sufficient for a density of one unit for each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the Island wide water rate due to additional pumping costs. The existing water system in Kaloko has capacity for the subject development. Since rainfall is sufficient to support many agricultural uses,these activities are not expected to burden the system. There are presently two separate water meters on this parcel. F.IPCTRIC POWER Electric lines and street lights at intersections were installed as a part of the Kaloko Mauka Improvement District. 13 II 'r t 111 , ., 2..., .-- -" 1 - r _� III" _�'��� u#• "*- pA ..G , , 44 # ,� -N _r�aoy , _ 0 I 1 ! 4 s pi Y ( 7 `-`- 7 587 ENF T0<10001 G �' 7' II \110.-4 ANw � 7 174'41 II -,-----1. ti��, tut A K A U 'L A '� Niir.il" ... t .."...WOO .".. '... KA t ..A NMB O O t4, A woo ,'ice ` ��'; s 114 ith ����.�..Illlllr�:r:•�3 � �, ' mina fr— � ,, s. : . -4.t....,..=-..er."194 lif (., .x..e...,. t.,..01111,1 3, retkodr* A .14. 0 '0. . I t• (S 1. s 1111 ik 40101P ao. 1:11111 , .., r, , * s 's , \ , sk 6 'e s oicei,3 ‘1 ,, VN. illi i. ---' ' .1W ) %3 P. t .40Eiro,-., p. 0 t. f.� 11 0 Transmission line EXIIST]IdV G WATER SYSTEM tit . ., 14•. ARCHAEOLOGY Huehue Ranch,the original developer of Kaloko Mauka,funded an archaeological study of the Kaloko ahupuaa in 1970 and 1971. These studies included investigation of the"Upland Forest Zone"of Kaloko Mauka in chapter 9 of"An Ahupuaa Study: The 1971 Archaeological work at Kaloko Ahupuaa,North Kona",published by the National Park Service in 1991. The field researchers found remains of an agricultural field system which extended to the 3500 foot elevation. Currently a group of owners,who received zoning reclassification earlier this year are jointly funding a study which has been coordinated by the State Historic Preservation Division. This study is designed to provide data on the dating of development of the agricultural field system within Kaloko and the nature of the vegetation associated with the fields. The subject parcel is above the known upper limits of the field system described in the original study referenced above. Unless the current study suggests a potential for archaeological sites on the subject parcel,additional field investigation seems an unwarranted expense. DRAINAGE/FLOODING The Kaloko Mauka area is located on the west flank f Hualalai on relatively recent lava flows. The GEOLOGIC MAP OF HUALALAI VOLCANO,HAWAII published by the U.S.G.S. in 1991, shows that the Kaloko area is covered by three periods of volcanic activity(see map titled Geological Age, page 16). The oldest flow,covering the largest portion of the ahupuaa,is estimated to be approximately 2700 years old and covers approximately 80%of the subject. The youngest flow(ca 1800)extends down slope to the 2300 foot elevation and covers approximately 20%of the subject. The relative young age of these flows results in a very shallow,rocky soils which are very well drained. No runoff or erosion has been experienced in Kaloko Mauka since the road construction in 1973 nor is there any evidence of concentrated runoff in the past. The nearest storm runoff occurs at Keopu and Kienaloli ahupuaas approximately three miles south of the subject on flows estimated at nearly 13,000 years old. 15 a , III ... ,... _,.- .,--- _____------- ,...,. .„ , , * 1111 4.4-- ••• a -........- A -___ _. ° I 2 3 4 5 7 %ALE N FEET EX WO) II t A Er L ( 4 N A r s -.----- , .0 i7 6 _.-1-1 A 1 --- V 1 . ir c 01 0 0 ,-- -. III 7. ..... i, 7 --.i , ..... , N .1.1%.0021 P \I 4..... ...4.2°1 a.......11 •• . %WV Ill ..../.......... 140 ( 20d? F*1111111111 • m 3 U 'I. A _l=----1 00 III _ ---.'_.06•01 0 0 , 2700 , .4 i i., ili, li , What 1-11 L7Z".. . ilhAA it) ft111131."-OelilL4i,r SE=-,. .-------, 7 ZMIOUR ,liTacuilipP,4V-re- N1111 4-41:41.04W;r1ApeTo;°r __, \ 4./ itvoitzuo wer. . 0 • *Assn'fig" los IS. IN • ''-'186.•%%%%% , 4:•- fl• % ., II 1.• ( •---vii"Jolip' ....„,„ I •IL,. ..sts.-1•04,.... 0 ' 4110111111.11:‘ 4r? :1' ' \ 0.....• pir % N3 -, 111 , • 6 I\ $ 1 600 . . 0 . , .. 1.• o • sc. OOP! 7it 0 ql * w 111 f ,, -0-___-;irrimpor pi issr• , \ - -. ....,s. , . ,i% ° \ • I - -.... .. ois,ov, ."... 10,0 KEOPU FL.000 CHANNEL 110.1" 14i1>lf • \* 0 \ .....- . t.t- v 0 „..rod,,e4 , 1 t. , ,..,..z. .... ,-.%.".4.=...;, ,... 00-11,-.1.-- 0111 HENAL.ou Ft..ovi.,a. -,...10.0„,...isok 111 CHAN\el, .. • ' . ---‘410 ,40 1209 o N• s, 14,11.1 .70. 0400001 , ,,,, 01100 ) I ..... GEOLOGHCAL AGE :, 11 . 16 . SOURC.1% "USG'S Mao 1-2213 HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA From the time of completion of subdivision improvements for Kaloko Mauka in 1974 until early 1994, there were thirteen applications for rezoning. All were for reclassification from A20a to A-3a. Eleven of the applications were approved. Two, in 1980, were denied due to concern for the'Alala,believed to reside in the upper elevations. Zoning conditions on these reclassifications were not consistent and were the cause of much concern among Kaloko Mauka residents. In December, 1994, six additional rezoning applications were reviewed during the same Planning Commission hearing. Prior to the hearing,the agent for the applicants conducted an open forum meeting with owners and residents of Kaloko Mauka. Zoning conditions were proposed which were designed to address the known concerns of the area residents. The Planning Commission forwarded favorable recommendations to the County Council with the proposed conditions and,after further meetings with Kaloko residents,resulting in additional conditions,the Council approved the reclassifications in March, 1995. In September 1996,two zone change applications were approved for 10-acre density at the 3400 and 4200 foot elevations. Because of heightened concern for the forest, watershed, and wildlife values in these regions, additional conditions were placed on the approvals. The conditions of approval for these upper elevation parcels, in abbreviated terms,were as follows: 1. A 100 foot "forest reserve easement" along the existing roads,the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback,the purpose of which is to lessen visual impact of development; 3. A 30 foot"forest reserve easement" along all lot lines not covered by the 60 foot easement,the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80%of the entire lot area be retained in forest; 17 5. A restriction against second dwellings,the purpose of which is to fix density at the time of zoning; 6. A forest management plan shall be prepared and submitted for review and approval of the Planning Director, 7. Other"standard" conditions regarding archaeological review,drainage improvements,and"fair share Contributions"to regional infrastructure needs. The most recent reclassification approved by the County Council contained conditions which were formulated in response to concerns expressed by residents and owners in Kaloko Mauka. The applicant proposes inclusion of the same conditions with the subject application. 18 1111 r li. , i v t2-,- A V* ,.., . _4111 ...yam , -' NO I agaliMiall1('-- i \IIPMAPA W- • 0 19,4 ‘-, : 14 S40 r i "I. ; • i°e 1 r-1 I\ Ifikt 1111Wili 1000 .ll _*w. iim. IV\\,iffigiNt-Pl A. II ' e° ,,,,.. .,, � A illt..4- , eat '4i0v ......., _.....___--..i .......mil L'• 441,,#, , , .Naisdibh,1°-a25";114gaki_ 13 A OW' A-5a 11 --mar- , ir-fc_a A ��A-3a IIII ,,,,. ,, . 1 e -'40' _, ataar.„wh*- .1 01 ili t., ,ThinVil A-la< .41111 mi ., -Tilly. 4 5 ,,,,,..,,,,.__.-441 1,mil 1 1 i a ik 111 0% 4 --'---)2(::510111 li.4Wt..it•-A-14. V 0111111PIPV liWa•I WINVilt‘••0- 0 11 -40 aguallg- # ilk oti400-04 oev 11.41111Pic r ivoi YI1110-0.00410 /A A III It i IMP,0.00 11,,...fordesdirioltri lingiall illiglikelirr -- 10 OP/-m. :,j_ , _ IIS '71 1�'_ ���,.= r;� ZI ■oF .tgra Ate► olgt,frrila4 I 1 (u) z (U) i i v ' ■ 4,s 11 Refers to rezoning request - 6 . summarized in Table I CURRENT U T� R E N T Z©N E N/�'� i�. SURROUNDING PROPERTIES PROPOSED USES AND CONDITIONS The owners wish to subdivide the property into two lots,of approximately 10.4 acres each. The owners presently live on the property each in their own home. This property was filed as a CPR in April of 1993. Proposed Conditions The applicant completed there homes in 1993 and has met with the conditions placed on the most recent rezonings. The applicant was responsible for the drafting of the most recent conditions and restrictions because of a desire to protect the Kaloko forest and native life. The following conditions have been met; 1. A 100 foot"forest reserve easement" along the existing roads,the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback,the purpose of which is to lessen visual impact of development; (Our homes cannot be seen from the road), 3. A 30 foot "forest easement" along all lot lines not covered by the 60 foot easement,the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less than 80%of the entire lot area be retained in forest; 5. In addition to the above conditions that have been met, we have gone a step further in reforestation by planting over 1000 Koa trees on the property and on Kaloko Drive. We have kept with the Stewardship Program Plan in caring for this land. The proposed density is consistent with the density/elevation pattern of the most recent rezonings in Kaloko. 20. ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved,do you intend to subdivide the subject land in accordance with the approved change of zone? YES If yea.please answer the rest of question 1 and the to question 3. a. How many acres of the requested area do you intend to subdivide? 20.990 acres b. Into what lot sizes? 10.4 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? immediately d. Do you intend to build houses on the newly created lots? 2 homes completed/93 e. If=please answer the following questions: On how many of these lots? 2. At what approximate price range? House 5300.000.00 Lot Total: Approximately how long,after approval of the subdivision would the first house be available for occupancy? Homes completed and occupied/1993 If you intend to subdivide,please submit a preliminary schematic subdivision plan together with your change of zone application. 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? IYLA b. Sell or lease the land to someone who has tentative plans? IYLA c. Sell or lease the land to someone who has, no plans? NLA d. Keep it? DILA e. Other(please state) IYLA 21 f. If you intend to do either a,b,c,please elaborate on the kind of plans the other party has. Please,also,include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? PjQ How? 4. Are there any buildings on the subject area? Two completed homes If so,what kind? Two residences 5. What do you intend to do with those buildings if your request is approved? Keep as residences Is the subject land currently being used for any agricultural activity? Reforestation If so,please list the kinds of products grown and on how many square feet or acres of land per product. The majority of the land is being kept in it's natural state with reforestation in Koa trees. 6. Was your request to allow for the creation of smaller agricultural lots? YEE If so,did your plan include the following considerations? a. Commodity to be produced? Family garden& orchard&coffee b. Suitability of the proposed lot-size for that commodity? y� c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Not intended d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement? NLA Please submit your agricultural plans for the subject area and present evidence of consideration the above requirements together with your request for a change of zone? 22 If you do not intend to subdivide the subject land for some sort of agricultural purpose,please state your other reasons. We wish to subdivide the current CPR property into two lots because each party has their own home and their own mortgage and it seems that it would be better for legal purposes to have separate lots. 7. To your knowledge,has there been any flooding and/or drainage problems on the subject area? NONE 8. Do you think that the roads leading to the subject area needs improvements? ti. Present roads are concrete and black asphalt Is the road adequate for the proposed traffic volume or load? IES. 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools NO. b.Roads 110. c. Sewer NQ d.Drainage Na e.Police Protection N.Q. f. Fire Protection Na g. Recreational Facilities Dip. h.Public Utilities rLQ i. Other NONE Signatur-/ �� - Gale A. Sansone Address: 75-1027 Henry Street MSC 436 Kailua-Kona,Hawaii 96740 Telephone: 808/325-3201 Date: LIST OF OWNERS OF SURROUNDING PROPERTIES John and Nanea Parks 707 18th Ave. Honolulu,Hawaii 96816 TMK: 7-3-26:10 Dave Adams PO Box 1582 Kailua-Kona,Hawaii 96740 TMK:7-3-26:15 Ron and Dolores Morton 5411 North NewCastle lane Calabasas, Ca. 91302 TMK: 7-3- 26:19 Mr. and Mrs. James Bedingfield PO Box 3407 Kailua-Kona,Hi. 96745 TMK: 7-3-25:01 Roger and Lydia Weiss PO Box 3178 Kailua-Kona,Hi. 96745 TMK: 7-3-26:08 BEdwar0l.emm/rhy-7/31/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MICHAEL & GAIL A. SANSONE AND RHODY & SUSAN P. EDWARDS CHANGE OF ZONE APPLICATION (REZ NO. 98-11) MICHAEL & GAIL A. SANSONE AND RHODY & SUSAN P. EDWARDS are requesting for an application for a Change of Zone by changing the district classification from Agricultural (A-20a) to Agricultural (A-10a) for approximately 20.990 acres of land. The property is located in the Kaloko Mauka Subdivision at the intersection of Kaloko Drive and Makahi Street at the 3,200-foot elevation, Kaloko, North Kona, Hawaii, TMK: 7-3-26:9. GENERAL INFORMATION 1. Land Ownership: Michael & Gail A. Sansone and Rhody & Susan P. Edwards are the fee owners of the subject property. APPLICANTS' REQUEST 2. Request: The applicants are requesting for an Agricultural-10 acres (A-10a) zone designation in order to subdivide the subject property into a total of 2 lots consisting of 10.495 acres. The property is held as a Condominium Property Regime (CPR). The applicants built two homes on the subject property. 3. Objectives: "We wish to subdivide the current CPR property into two lots because each party has their own home and their own mortgage and it seems that it would be better for legal purposes to have separate lots." 4. Supportive Information: The applicant has submitted the following in support of the request: (See Exhibit A - Change of Zone Application) STATE AND COUNTY PLANS 5. SLU: Agricultural 6. Hawaii State Plan Consistency: Economic objectives and policies. 7. General Plan Consistency: Economic, Agricultural, and Land Use Elements goals, policies and courses of action for North Kona. 8. GP LUPAG Map: Extensive Agricultural 9. Kona Regional Plan: Agricultural 10. Zoning: Agricultural 20-acre (A-20a) 11. SMA: The property is not situated within the Special Management Area (SMA). 12. County Council's Resolution No. 330-96: On June 19, 1996 the County Council adopted Resolution No. 330-96, which established a policy relating to the amendment of zone district boundaries within the Kaloko Mauka Subdivision and other Kona Watershed and Mauka Forest Areas. The resolution states that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be reclassified to any zone district having a minimum lot size of less than 20 acres. (See Exhibit B - Resolution No. 330-96) 13. County Council's Resolution No. 58-97: On June 2, 1997 the County Council adopted Resolution No. 58-97. This resolution amends the Council's policy relating to the rezoning of district boundaries within Kaloko Mauka Subdivision. The Council finds 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 recommends that Agricultural-10 acres (A-10a) zoning requests may be approved for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the conditions as stated within Resolution No. 58-97 with such recommendation provided that the other goals, policies, and standards of the General Plan are met. (See Exhibit C - Resolution No. 58-97) DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 14. Subject Property: The subject property is a rectangular shaped lot with two existing dwellings. The applicants have reforested the property by planting over 1,000 Koa trees. 15. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as Kiloa Extremely Stony Muck (rKXD), 6 to 20 percent slopes. This soil consists of well-drained, thin, extremely stony organic soils over -2- fragmental A'a lava. The surface layer is very dark brown, extremely stony muck about 10 inches thick. Permeability is rapid, runoff is very slow and the erosion hazard is slight. This soil is used for woodland and pasture. 16. Land Study Bureau's Detailed Land Classification System: Soils within the subject property are classified as "E" (Very Poor) for agricultural productivity by the Land Study Bureau. This soil is unsuited for machine tilling. 17. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Soils within the subject property are classified as "Unique Agricultural Land" by the ALISH System. "Unique Agricultural Land" are lands that have the special combination of soil quality, location, growing season and moisture supply and which is used to produce sustained high quality and/or high yields of a specific crop when treated and managed according to modern farming methods. 18. FIRM: The subject property is located within Zone X, areas determined to be outside the 500-year flood plain. 19. 'Alala Recovery Plan: This plan dated October 28, 1982, prepared and approved by the U.S. Fish and Wildlife Service in cooperation with the 'Alala Recovery Team, recommends that certain selected essential habitats be preserved and properly managed to provide for the continued existence and growth of the population of the 'Alala, an endangered bird whose population has reached an extremely critical state. The Central Kona area along the north and west slopes of Hualalai is considered to be the center of concentration for breeding 'Alala. The Plan recommends that portion of the lands of Kaloko above approximately 3,200 feet to 3,400 feet elevation, including all parcels in Blocks 8 thru 13 of Kaloko Mauka Subdivision, be designated as essential habitat for the 'Alala. 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 subject property is located at an elevation of approximately 2,500 feet above mean sea level, below the elevation recommended as an essential habitat. -3- 20. Flora and Fauna: The subject parcel is heavily vegetated and is covered with ohia, tree fern and a variety of shrubs and non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese pheasant and other forest birds. Though the area above 3,200 feet in Kaloko has been considered an important habitat for the 'Alala, the Department of Land and Natural Resources (DLNR) indicated that there have been no sightings in Kaloko during this decade. 21. Surrounding Zoning/Land Uses: The Kaloko Mauka Subdivision extends from the 1,700-foot elevation to the 5,700-foot elevation of Hualalai. Between the 1,700 to 2,600-foot elevation, the lands are zoned A-3a and A-20a. At the 2,900-foot elevation, the lands are zoned A-5a and A-20a. At the 3,000 to 4,200-foot elevation, lands are zoned A-7a, A-10a and A-20a. (See Exhibit D - Current Zoning Surrounding Properties) PUBLIC UTILITIES AND SERVICES 22. Roads: Access is off of Kaloko Drive. Primary access to the subject property from Mamalahoa Highway is provided by Kaloko Drive, a County roadway, which has an 80-foot right-of-way with a 20-feet wide pavement and 8-foot wide grass shoulders. According to Department of Finance, there is an approximate $133,550 collected through conditions of change of zone requests and an additional $48,000 was appropriated (Ordinance No. 94-92) for the improvement of the Kaloko Drive-Mamalahoa Highway intersection. The Department of Public Works has been coordinating this improvement with the State Department of Transportation and there is a tentative agreement that the County will design and construct the improvements to the intersection. 23. Services: All essential utilities and services are available to the subject property. AGENCIES' COMMENTS 24. Department of Public Works (June 22, 1998 Memo): "We have reviewed the subject application and our comments are as follows: "1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. -4- "2. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. "3. All grading and grubbing activities shall comply with Chapter 10 of the Hawaii County Code. "4. The sight distance must meet the requirements of the Statewide Design Manual. "5. Vehicular access shall meet with the approval of the Department of Public Works. All lots should be accessed from one common access road." 25. Department of Water Supply (June 8, 1998 Memo): "We have no objection to the proposed application as there are existing water meters to service each lot." 26. Police Department (June 17, 1998 Memo): "We have reviewed the change of zone application and have no comments or objections to offer at this time." 27. Fire Department (June 9, 1998 Memo): "We have no comments on the above-referenced Change of Zone Application." 28. Real Property Tax Office (June 4, 1998 Memo): "There are no comments at this time. Current Real Property taxes are paid through June 30, 1998." 29. Department of Health (June 4, 1998 Memo): "The Department of Health is unable to make comments to the proposed project at this time. The applicant needs to show the locations of all existing wastewater systems." Applicant's Response: (See Exhibit E - June 17, 1998 Memo) Department of Health (June 23, 1998 Memo): "The Health Department found no environmental health concerns with regulatory implications in the submittals requested." 30. Land Use Commission (June 4, 1998 Letter): -5- "We have reviewed the subject application transmitted by your memorandum dated June 1, 1998, and find that the subject parcel, as represented on the vicinity and location maps, is designated within the State Land Use Agricultural District. "For your information, the subject parcel is immediately south of a portion of the petition area in LUC Docket No. BR93-694/Office of State Planning, which involved the reclassification of approximately 5,914.96 acres from the Agricultural District to the Conservation District for the protection and enhancement of watershed areas and native forest habitats. "We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application." 31. Department of Transportation (July 13, 1998 Letter): "Thank you for the opportunity to review the subject application. "We have the following comments regarding the intersection of Kaloko Drive and Mamalahoa Highway (Route 190): 1. No further development (change of zone, subdivision, land use change, etc) should be permitted in the area until the intersection is improved. 2. Sight distance improvements at the intersection must be implemented. 3. The intersection must be channelized and a street light provided. 4. All improvements must be made at no cost to the State. 5. All plans for the improvements within the State highway right-of-way must be submitted to our Highways Division District office for review and approval." 32. Department of Land and Natural Resources, Division of Land Management (June 4, 1998 Letter): "After a review of the subject application, we have no comment. Thank you for the opportunity to review the same." 33. Department of Land and Natural Resources, Historic Preservation Division (June 17, 1998 Letter): "This is in response to your Memo of June 1, 1998 regarding the subject application. -6- a "The 20.990 acre parcel, which is located at the 3200 foot elevation on the slopes of Hualalai, has not been surveyed for archaeological sites. The application states that an archaeological survey of this area does not seem warranted because the parcel is located above the limits of traditional Hawaiian agriculture. The survey to which they refer set limits at the 3500 foot elevation, however. There is thus a possibility of finding evidence of early agricultural activity, and possibly other evidence of Hawaiian activity in subsurface lava tubes. "If the subject parcel was included in the jointly funded archeological inventory survey referred to in the application, we believe that a final decision on this application should be deferred until an acceptable report on the survey is submitted to our office for review and comment." 34. Kona Soil & Water Conservation District (June 10, 1998 Letter): "REZ 98-11 (TMK 7-3-026:009) is for a CPR in which 80% of the property is to be left in forest with forest buffers on roads. This area is not shown on the North Kona Flood Plain Management Study documents. There is no history of flooding. The Kaloko area is a valuable watershed and endangered species habitat. Care should be taken to avoid increasing localized runoff and erosion if additional clearing and construction are undertaken." AGENCIES - NO RESPONSE 35. Department of Agriculture, and HELCO PUBLIC COMMENTS 36. The department has not received any comments or objections from the general public or adjacent landowners on the subject application. -7- APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT KALOKO MAUKA SUBDIVISION LOT 1 BLOCK 7 TMK 7-3-26:09 A-20a to A-10a Owner/Applicant: Michael & Gale Sansone Rhody & Susan Edwards APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Michael& Gale A. Sansone_Rhody and Susan P. Edwards APPLICANTS SIGNATURE: Ier �.�����_ ^ ---tom / '" LIST APPLIC S INTEREST IF NOT OWNER LIST PRINCIPAL(S)INCLUDING NAME OF OFFICERS TELEPHONE-BUSINESS: RESIDENCE: 325-3201 REQUEST: A-20a TO A-10a (Existing zoning) (Proposed zoning) TAX MAP KEY: TMK 7-3-26:09 AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.990 ACRES LANDOWNER: SAME AS ABOVE OWNER' (S) SIGNATORY AUTHORIZATION AGENT: N/A ADDRESS: Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant Copies: Applicant LISTS OF MAPS AND TABLES VICINITY 1 LOCATION 2 SITE PLAN 3 CURRENT ACTIVITIES,KALOKO MAUKA 8 MAJOR LAND OWNERS, SURROUNDING PROPERTIES 9 CURRENT LAND USE, SURROUNDING PROPERTIES 10 TABLE 1 -ANNUAL RAINFALL, 1973-1992 11 ANNUAL RAINFALL ISOHYET 12 EXISTING WATER SYSTEM 14 GEOLOGICAL AGE 16 CURRENT ZONING, SURROUNDING PROPERTIES 19 in • , i• . -. _� o�i G If, 4 4 r /- 7 ---"--10.2.7�_ - - _�_ 2 ! s Y V \ C. ., _ FEET;',GALENO(10001 C,1N I' _ 111 111„;1/4)- _, •••71ME 7 if ,a„----. '..�4a 1:1�4 •, _ .y --11111111111111 C. I 101111111111 1 M A C A U )L A X 1w1 NAN �r�'� O O A P _l_�•� ' �= ' (• ,'t. 0000 ...--:'-'..,_tinna \ 1T11 41 "NW.1 1111117111111k111.11 Ilk r''.-'---'i -s - --r----4iSlit __..1....0 411 41110S411b* 41111" -7'.:4911011 pl., i *PaiL# . 01*-"i; ilk iingliOsIgret/ Aw opo A , filikttret ►E.�" i�.2i , y. -�� � ' i � ti, s A = rl :� 0 -- . 14 "(k,:‘,...4-. . 41 ���.4 ss t ` —AA." s t. 1, 64 "4- 1, \ s.P , , IS\ r l \ \ it ti o :4s •0°I I I I 1 1 1 I le/I I I I I I 1,.__--___...a 0 igru..., ' I+ t : i v 7 .I 0 N E T:,� LA A� _r-- ---- s._.....4 _--- 7-3-4:: 3000 �- 0 s , • f, /a.- ' , _. ,, S3 AV, dt _....---- 1-'i: A40o. tic 7-3-27: _ -- ti 1 7/Afr- g ' Anna" -- o 4 4000_T.,--Mirsi ._,_-- VW0 . TMC 78-26: - 4111k_ii4k14042 4 • .�• •- Tb_______14 -MC 7- - � � 325. —. 3000��-- i I 2 3 q R - v 0 .11441*,4 -: 14 410 '-- - \ ® _ ivy 4vat- - - - - 00 , 03 TMC732 Ath4gyp- a =.0- 1 Sailtbetzt"-- ii ._ � ';1 /��111111 ; it�II, �~P..k.t4v.4.,.II.ID..-.riert•.v, ,.t.„ivAi1.,.i,„4ri,2 _.- , _ ?�-� _•.. _� !C . i I,I L. ��� 111 �� �� r��� nl._ ig ILOCATTION MAP #11023 2 Lot_L Block 7 PROPOSED REZONING DESIGNATION A-20a To A-10a LOT 1, BLOCK 7 OF KALOKO MAUKA SUBDIVISION, INCREMENT 2 (FILE PLAN 1010) Land situated along the Southerly, Easterly and Southwesterly sides of Kaloko Drive at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 1, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010); and Being a portion of: Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha. Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 2, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and being a point on the Easterly side of Kaloko Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 9,372.52 feet South and 1,160.62 feet East and running by azimuths measured clockwise from True South: 1. 183° 00' 580.00 feet along the Easterly side of Kaloko Drive to a point; Thence, following along the Southerly side of Kaloko Drive on a curve to the right with a radius of 460.00 feet,the chord azimuth and distance being: 2. 253° 05' 864.97 feet to a point; 3. 323° 10' 580.00 feet along the Southwesterly side of Kaloko Drive to a point; 4. 53° 10' 670.15 feet along Lot 3, Block 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to a point; #11023 2 Page 1 of 2 WES THOMAS ASSOCIATES Land Surveyors 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 *211021 2 L ni 1 Block 7 5. 93° 00' 670.15 feet along Lot 2, Bock 7 of Kaloko Mauka Subdivision, Increment 2 (File Plan 1010) and along the remainder of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha to the point of beginning and containing an area of 20.990 Acres. .1604, T WES THOMAS ASSOCIATES sr MEWED • IS PROFESSIONAL I LAND /' i- lv 1ft SURVEYOR No.4331 Chrystal Thomas Yamasaki 441.6;c0.- Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-3-26: 09 (3rd Division) May 19, 1998 #11023.2 Page 2 of 2 WES THOMAS ASSOCIATES Land Surveyors 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1017 APPLICATION FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT TMK: 7-3-26:09 Applicant:Michael&Gale A. Sansone Rhody& Susan P.Edwards REASONS FOR REQUESTING THE CHANGE OF ZONE The owners wish to subdivide the property into two lots of approximately 10.4 acres each. This property is presently a CPR with two homes which are occupied by the above applicants. The property also has two separate water meters. The property was filed as a CPR in April 1993. ADHERENCE TO GENERAL PLAN POLICY The parcel currently has a Land Use Designation of Agriculture and County zoning of A-20a. The General Plan designates the parcel "Extensive Agriculture". The proposed rezoning and subdivision into two parcels is consistent with the General Plan Policy: M. LAND USE Standards (1) Agriculture Policies: Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The expanded form of the above policy can be fund in the General Plan Support Document in the Land Use-Agriculture subsection: Rural-style residential-agricultural developments may include either small scale rural communities or extensions of existing rural communities. Such development provides opportunities for a mix of residential and small scale agricultural activities. However, the primary intent of these developments would be to provide an added range to housing opportunities. Along with this housing, the large lots of these rural areas will provide opportunities for part-time agriculture, gardening activities and the raising of livestock on a small scale. By providing opportunities to satisfy the demand for a rural lifestyle on marginal agricultural land, the pressures to develop are important agricultural land for these purposes would be decreased. 4 Kaloko Mauka is an appropriate location for satisfying the General Plan Land Use Policy. It is n extension of the existing rural community of Kalaoa and has existing infrastructure of roads, electric power,and water. With overall soil classification of"E" (poor), the soil is too stony and irrigation costs are too high for mechanized or large scale agriculture. The areas,however,is well suited to use and enjoyment of part-time agriculture, gardening activities,4-H participation, forest activities, and cohabitation with wildlife. The proposed subdivision into two lots is consistent with recent rezoning below and above the subject property. An effective density of one residence per ten acres has been established in the immediate area via use zoning and Ohana residences. 5 SUPPORIINGIMENDIAILOIAMDMImual DESCRIPTION OF PROPERTY The subject is a 20.990 acre parcel at the 3200 foot elevation on Kaloko Drive in the Kaloko Subdivision in North Kona. File Plans for the first four increments of Kaloko Mauka Subdivision,including this parcel,were filed prior to enactment of Chapter 23,Hawaii County Subdivision Code. The owners of individual lots with the subdivision petitioned the County under the County Improvement District statues,and Improvement District 10 was created. The improvement district was the financing vehicle for installation of the roads, water and power which service Kaloko Mauka,and the improvements were paid 100%by the lot owners. CURRENT USES AND N SURROUNDING LANDS KALOKO MAUKA SUBDIVISION The Kaloko Mauka Subdivision originally contained ninety-one parcels extending from the 1700 foot elevation to the 5700 foot elevation of Hualalai,in the Ahupuaa of Kaloko. As a result of rezoning and subdivision activity over the past twenty years,parcel sizes in the lower elevations, 1700 feet to 2600 feet,are now a mixture of 3-acre and 20-acre. The remainder of the lots are 20+acres in size. Recent zoning reclassification have been approved for 5-acre parcels at the 2900 foot elevation and 10 acre parcels at the 3000,3400,and 4200 foot elevations. Uses and activities on parcels of all sizes are typically a combination of residential,pasture,orchard, and gardens,and might best be described as"family farms". A relatively homogenous pattern of land use activities is being established at all elevations in Kaloko(see map titled Current Activities,page 8). Cattle are being grazed on parcels at 2200', 3500',and 5000' and there are nurseries and tree farms at different locales throughout,as well as residences. The use of Ohana regulations and State condominium statutes is resulting in an effective density of one lot per 10 acres in the upper Kaloko area. LANDS SURROUNDING THE KALOKO AHUPUAA Ownership Kaloko Mauka is surrounded by three major land owners: The State Of Hawaii,Bishop Estate, and Palani Ranch, (see map titles Major Land Owners,Page 9). Current Uses(see map titles Current Land Use,Page 10). The State lands of Makaula-Ooma abut Kaloko Mauka on the north from 2100 to 3500 feet elevation. These lands are in 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. 6 The Palani Ranch lands of Honokohau abut Kaloko Mauka on the South along its entire boundary. These lands have historically been grazed. Recently, an eighty acre parcel(4500 to 5700 feet elevation)is being used for forest products. The Kaupulehu Forest Reserve(Bishop Estate)abuts the Mauka boundary. Approximately 75%of the land surrounding Kaloko Mauka has been used for grazing purposes for many decades. There are no near-term plans which would alter these uses. 7 ' L : � _ EGEND . ••••:•::::::;.;•:•:•:•;.::::•;;:;•;',..:••::::..,.^ • ::: ::: R Rman TOW6t :::::.:::..::.:..:.:.::.::.:.:..:.::.:. .:. .... .,.:.:,...............„......::..........::::.:.:: ::.. :.: :::.:::::::::.::::::::::::.:::::::::.:::. 0 OI-ANA PNMT —. g . N GR1.BB® :::::.::::::::::::: .:....„...............:::::::.:.::::.::::.:: . . . . .....:.:„......,....:.:.:,:.:......::.:.::::.::::.:.. .::,:„....::::.:.::::.::.:.::.:.::.:.:..:.::.:.:..:.:.:: 5 • ...::::.:...:.::::.::.:.::.::::.....:.::::. .• . 00., ''.....: 4r..:....:.:::.:.::...:.::.:.:...::::.:::.:.:::::::..?:............................. '''�' ::: i> :::: ❑ FENG�D PA5TL.RE .: :: :'::::••:::.....:::.:::..,......:.::::::::.::::„....::.:.:: .:::.:::.::::::.:::::::::.::: ::.:.::.: 0' ......................•............ :::.::,::.::.::.::::...:::.::::.:....,:.,... 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N 0..... .: :.: . � NO • z;0 O .......::!::::::•_L:::::...........:::;:.:::.:..•:.1.-..::.:...:1••ii••••::::::1:.......::::::i:::::::::::.•:.: �SUg' E 1� N0 N0 - —. ..::::::•:•::::.:: . •J • ••• .•••.. • 3000 NO '' *411% _. . • • • • 4tw• mow. ::*::.*::.::::::::::::;.:::::::::.:- d . II 13111' 'rte i�1� . <:..... 2000 = Oitt! 1111 04+411rVI ... • •••••••••' • > ? : . •�� va'� ::. ...._1;1:1A;'r-a-lige4 I1 •1t ::: CURREN ‘ T ACTiIVE'�' S 8 . - AL -, D MAU A til -- -- y/.x AL AHS' itA V\ / 1116-411°. �[jj ® KALE N FEET Oc'1000, C1C11®P Ar i ,_.- 1/111-. '� • . i �,, Al ,0001-- -'� Ii STATE '' 44-i, .1 bi qii 0 0 k‘ Vi 60 I 2 i, ,, ----4 inini 1, 411111M 141111 ' 11 mg. 44,1W . 1;Olt AV* Ast. V" -• :- h. i1O!r��t� 17 .0^ \ \ \ • ? "to. , . ( — i ___Ara-Or , , ,, 'O&M Or'S \ \ iil---.411111 1STATE OF HA w AEI`, �t. : ....„ ;,......--tloVie Qv ' N. \ - I�r��� i • \--\ ii.II 101i ` 1. v j-'•iif , cis q. MAJOR LAND OWNERS SURROUNDING PROPERTIES -- 14 i• (A.." 1101# -l - -- 7000' 0 1 2 ) 4 5 •r SGGI.E N FEET OC 10007 • _ ® rl 'Io� ��- GRAZING La Ol GO 'RS ...------...0— =:::41. _— °7 4 '0 7:" -- MIMI ..- -- FORET [ I N! N 7_ , 1r 0000 V......‘..•.' -''... \ ..'"" ''.. riiii Iasi ‘,...... r---- , z_��` a 40Ns.of,b1..441:+. FOREST atNS - ■i -‘ CLJ -= =-� ��� :�■ �, PRODUCTS kf LLJ r.r- . ...4444 � \ \--, �i► ice w�♦ ti� _,_[, ►.,%•v '�s6e � - FOREST ,,,,,,K. i.,40.11 • -, , .005.1-01 \ -i. .e. \ , FOFEf-, (P�EVIOU`�LY GRAZING a f;001.4.1----"- \ \ �\, orto. \\ **# ' 40.1..vk \ .4000 - . l •'' 1p. CURRENT LANE USE lo• SURROUNDING PROPERTIES " CLIMATE AND RAINF ' The subject parcel is located at the 3200 foot elevation in Kaloko. Temperatures at this elevation are approximately fifteen degrees cooler than coastal temperatures. The existing infrastructure provides access to a unique living and growing climate in West Hawaii. Average rainfall, according to USGS Report R-47 is approximately 70 inches. Weekly rainfall records kept by Mr. Wm: Moss for the 20 years between 1973 and 1992 at the 1500 foot elevation in nearby Kealakehe, indicate that rainfall has been off (less) by approximately 30% since the current eruptive activity at Kilauea began in 1983. Table 1 below shows annual rainfall figures from the Moss rain gauge. As evidenced by activities on surrounding properties, rainfall and climate at the subject location is conducive to a range of agricultural activities. These include grazing, orchard, nursery, tree farms and gardening. ANNUAL VS.PREVIOUS 5-YR AVERAGE Moss gauge 90.00 80.00 `AVERAGE RAINFALL,PREVIOUS SYR PERIOD J 70.00 60.00'1 — ■� 50.00 — _ _ — — ■ — 01 01 40.00 w ._. = 30.00 U Z 20.00 10.00 — 0.00 `•') v `n ca N. co 0) 0 rn N. N. N. N. N. N. CO CO CO CO co co aa) rn co co co rn rn rn TABLE 1 FLORA AND FAUNA The subject parcel is forested with ohia, tree fern, and other native trees and shrubs, as well as non-native vegetation. Wildlife seen at the property consists of turkeys, hawks (I'o), Chinese pheasant, and other forest birds. Though the area above 3200 feet in Kaloko has been considered an important habitat for the 'Alala, recent discussions with Jon Giffin, of DLNR, indicate that there have been no sightings in Kaloko during this decade. 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 10-acres per unit and proposed zoning conditions will assure continuation of habitat for existing wildlife. 11. / � --,--' ' f.1 `` .4G lie /1)3 / ' rte14 - 0 1 i ! 4 / T %ALEN"MT OcCOO [A ULAHA ,1 tee'�(1/ 7 1�4+ 1 V e /- ,4000 iNiit.. ,. 4 i II . ...._- Iai ', :iii y • t1�■MMI < G 'rs''1Uv 1 < • rA —�' • 0 ) A �r NAM.... .ii...../MMOIM '(...- ., 71, 'A-44 .....2 _,,.: - e.,;.4"110*4111k* 4j 41& .•amu 4,* # ��S � Illllllr! �!,!*0--14 ' V-,;.,.41:a I,,, ` g ,,,.,. (( .1%.- .. ._est7 gest. , : ' ,-.7 iii,„„,...... _ ti \ /4 .,_,1-,--v.2--,,....uss , ) iiil. , s �t \.,. \ J ��Tog �.,I S , t* % .>11111. elF1P4.0111001.0 t 1r \ \ \\ 'e / j •• 3 ` :26\ ` o\ tr . Ii • SV . � ,,Ii- � I ,�. S c � i — O 'Moss' Rain gauge ANNUAL ..v A 11 14 'I A.+.G L 12 , SOURCE: USGS REPORT R-47 INFRASTRUCTURE ROADS The property is accessed from Mamalahoa highway, and is located approximately four miles up on Kaloko Drive.Kaloko Drive is paved with 8 foot grass shoulders. The grass shoulders have been an effective means of dispersing runoff from the paved section,and no should erosion is evident in the 20 years since construction. The proposed subdivision into two lots is presently a two family CPR,with two homes and two separate driveways. There is no increase in traffic WATER The Department of Water Supply considers the Kaloko Mauka System separate system from others in Kona. The system consists of transmission and distribution lines,pump stations,and seven reservoirs which extend to the 5,000 foot elevation. The reservoirs have a total capacity of 500,000 gallons, sufficient for a density of one unit for each two acres in Kaloko Mauka. Kaloko Mauka users pay approximately 3 times the Island wide water rate due to additional pumping costs. The existing water system in Kaloko has capacity for the subject development. Since rainfall is sufficient to support many agricultural uses,these activities are not expected to burden the system. There are presently two separate water meters on this parcel. ELECTRIC POWER Electric lines and street lights at intersections were installed as a part of the Kaloko Mauka Improvement District. 13 1 • . /r fI' _�..�f' yAy Wall°A A , , 1. 44‘ 41010 it G �.r-�_Popp`—`— ...— � 0 I 2 ! 4 S ' �' SCALE N RET OC 1000) G rAvcANA I, \ l -ws 4 I® .��1)'.--11 - i • '` 7 ' ./ = • ==1,1,11 I 5000—...—.—.., i 17..i..- uumm , , MINIM i (.? f "••• M A Y A U 'L A e� ---At (/".° ICA Iy) �_ O O [► A HN . 1000 �_>>w ,�...,„,-...A.v, et im n ,��7 ! WO Iilllll; :r:�`3s, (s OS? . •O‘'' . \ v . 4,+ ...r.D..—,,,,,,pm)r,#4kiiiii , . -, , ...-ivisiclog 0%. s • $ \ ,_ V V. • (14 1. iik.,...... � V `\ L \ ;.•��• Bl1A Ps 1 \ \ `b. o :4„. ` `` V V' Pb `416 = $ O;" 1 4 \ - 1.. . ,� fir- ix e p V S o �`�i � \ 4�rr v 1 - 1—Yr�_ w��0' o ` sow• v °II 1 Tran,mi55ion line r t� Jl A� �„T* WATER SYSTEM ,,, . ., 14'. ARCHAEOLOGY Huehue Ranch,the original developer of Kaloko Mauka,funded an archaeological study of the Kaloko ahupuaa in 1970 and 1971. These studies included investigation of the"Upland Forest Zone" of Kaloko Mauka in chapter 9 of"An Ahupuaa Study: The 1971 Archaeological work at Kaloko Ahupuaa,North Kona",published by the National Park Service in 1991. The field researchers found remains of an agricultural field system which extended to the 3500 foot elevation. Currently a group of owners,who received zoning reclassification earlier this year are jointly funding a study which has been coordinated by the State Historic Preservation Division. This study is designed to provide data on the dating of development of the agricultural field system within Kaloko and the nature of the vegetation associated with the fields. The subject parcel is above the known upper limits of the field system described in the original study referenced above. Unless the current study suggests a potential for archaeological sites on the subject parcel,additional field investigation seems an unwarranted expense. DRAINAGE/FLOODING The Kaloko Mauka area is located on the west flank f Hualalai on relatively recent lava flows. The GEOLOGIC MAP OF HUALALAI VOLCANO,HAWAII published by the U.S.G.S. in 1991, shows that the Kaloko area is covered by three periods of volcanic activity(see map titled Geological Age, page 16). The oldest flow, covering the largest portion of the ahupuaa,is estimated to be approximately 2700 years old and covers approximately 80%of the subject. The youngest flow(ca 1800)extends down slope to the 2300 foot elevation and covers approximately 20%of the subject. The relative young age of these flows results in a very shallow,rocky soils which are very well drained. No runoff or erosion has been experienced in Kaloko Mauka since the road construction in 1973 nor is there any evidence of concentrated runoff in the past. The nearest storm runoff occurs at Keopu and Kienaloli ahupuaas approximately three miles south of the subject on flows estimated at nearly 13,000 years old. 15 w _,____ _. • i --, c� . s ,... » er 4 ,.. .4 G7 ~rte ��` -- 0 2 7 5 `v17 xa.E N F T a noon GJi7;d~ II\ rA4 so r eal �' �..000� V iV!...ivanishow;sk $ '' 140 ulimf 20d? .. M U 'L x iu, �n� 0 0 2700 , • - .Cfle 0 0 -..-. 4*T3Zal/P01-711111,,,."4 114111plii, .."*. \SU ' 411 111,rakel:,0111P". - TiFirots All,. toe-pow!" w iiiiA . IStAr.t. 0.1% •00000 \ , 4., �� TZt •� 'r T A . i0 Oe ; o 'M,Nti •,.•-• 0 V ( * s..A ) 11.1401....... ,�=ice ` `\ xtral\ Willi NA.P.8 • 600 , 7Q(?, * y�� �I� Ij O 1 4t KEOPU FLO00 CHANNEL '1•110111-.IP ���! 51• I. • -.. 011igir'.4 \ .1 t't. :1 VOA hENALOLI FL00�" . -ft00 -��e+���� `� 0011C ) • GEO OGXCAL AGE tb • SOUP USG3 PMD 1-2213 HISTORY OF REZONING APPLICATIONS IN KALOKO MAUKA From the time of completion of subdivision improvements for Kaloko Mauka in 1974 until early 1994, there were thirteen applications for rezoning. All were for reclassification from A20a to A-3a. Eleven of the applications were approved. Two, in 1980, were denied due to concern for the 'Alala,believed to reside in the upper elevations. Zoning conditions on these reclassifications were not consistent and were the cause of much concern among Kaloko Mauka residents. In December, 1994, six additional rezoning applications were reviewed during the same Planning Commission hearing. Prior to the hearing,the agent for the applicants conducted an open forum meeting with owners and residents of Kaloko Mauka. Zoning conditions were proposed which were designed to address the known concerns of the area residents. The Planning Commission forwarded favorable recommendations to the County Council with the proposed conditions and, after further meetings with Kaloko residents, resulting in additional conditions,the Council approved the reclassifications in March, 1995. In September 1996, two zone change applications were approved for 10-acre density at the 3400 and 4200 foot elevations. Because of heightened concern for the forest, watershed, and wildlife values in these regions, additional conditions were placed on the approvals. The conditions of approval for these upper elevation parcels, in abbreviated terms, were as follows: 1. A 100 foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback, the purpose of which is to lessen visual impact of development; 3. A 30 foot "forest reserve easement" along all lot lines not covered by the 60 foot easement,the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less-than 80%of the entire lot area be retained in forest; 17 I 5. A restriction against second dwellings,the purpose of which is to fix density at the time of zoning, 6. A forest management plan shall be prepared and submitted for review and approval of the Planning Director, 7. Other"standard" conditions regarding archaeological review, drainage improvements, and"fair share Contributions"to regional infrastructure needs. The most recent reclassification approved by the County Council contained conditions which were formulated in response to concerns expressed by residents and owners in Kaloko Mauka. The applicant proposes inclusion of the same conditions with the subject application. 18 II . _ ,- II , ____( ---r-i ii ' ''' 400k II Ar.r II -- , Islip -- \trip. ., -.,ii Veil' . •0• • .0' \, 104 l'$% i - 9, . Pi" ,..p. \Imm-04.1ipi 4 I �� illieer*v--, ,... 2•0 •0 l' _______,A4A— rev 40,04 ,01.-40--4 0 og iwour,,),Inc...4r4A—5a� � �, 0 0 A- TA A-3a III c, :._, ,... 1i* 'b \-%101 - 0 y a► It 4t Nrafr,,v40,0v. 00% III ,;- 4' 1 A—la< 1",41,itigt L, 11 -- A A — ***11. A 114 v \. A 4iit M 111*1P1i. _ ,AIII loan 'er t` � : 101A Mr _Busy IP-, i\A8. -', viz? _x__ .. ..04.4.3, _ --API, 0",/- Tbi --IVOLPI, .... itirinierPOIM , 1 N, 1\\-4 c7 z �� CU) ; ti 1i r < . 4 . . ae 1NRefers to rezoning rec{ue5t Summarized in Table I C U R R E N? ZONING 1i. 11 SURROUN LING PROPERTIES PROPOSED USES AND CONDITIONS The owners wish to subdivide the property into two lots,of approximately 10.4 acres each. The owners presently live on the property each in their own home. This property was filed as a CPR in April of 1993. Proposed Conditions The applicant completed there homes in 1993 and has met with the conditions placed on the most recent rezonings. The applicant was responsible for the drafting of the most recent conditions and restrictions because of a desire to protect the Kaloko forest and native life. The following conditions have been met; 1. A 100 foot "forest reserve easement" along the existing roads, the purpose of which is to preserve a native forest buffer along the road; 2. A 100 foot building setback along existing roads in lieu of the required 30 foot setback,the purpose of which is to lessen visual impact of development; (Our homes cannot be seen from the road), 3. A 30 foot "forest easement" along all lot lines not covered by the 60 foot easement, the purpose of which is to provide additional forest reserve as well as a buffer between parcels; 4. A provision that no-less than 80%of the entire lot area be retained in forest; 5. In addition to the above conditions that have been met, we have gone a step further in reforestation by planting over 1000 Koa trees on the property and on Kaloko Drive. We have kept with the Stewardship Program Plan in caring for this land. The proposed density is consistent with the density/elevation pattern of the most recent rezonings in Kaloko. 20. ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATIMEDICHAN 1. If your request is approved,do you intend to subdivide the subject land in accordance with the approved change of zone? IES. If mi.please answer the rest of question 1 and the to question 3. a. How many acres of the requested area do you intend to subdivide? 20.990 acres b. Into what lot sizes? 10.4 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? immediately d. Do you intend to build houses on the newly created lots? 2 homes completed/93 e. If=please answer the following questions: On how many of these lots? 2 At what approximate price range? House 5300.000.00 Lot Total: Approximately how long, after approval of the subdivision would the first house be available for occupancy? Homes completed and occupied/1993 If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application. 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? LILA b. Sell or lease the land to someone who has tentative plans? IIA c. Sell or lease the land to someone who has, no plans? rilA d. Keep it? IYLA e. Other(please state) IY/g 21 f. If you intend to do either a,b, c, please elaborate on the kind of plans the other party has. Please,also,include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? ]� How? 4. Are there any buildings on the subject area? Two completed homes If so,what kind? Two residences 5. What do you intend to do with those buildings if your request is approved? Keep as residences Is the subject land currently being used for any agricultural activity? Reforestation If so, please list the kinds of products grown and on how many square feet or acres of land per product. The majority of the land is being kept in it's natural state with reforestation in Koa trees. 6. Was your request to allow for the creation of smaller agricultural lots? US. If so,did your plan include the following considerations? a. Commodity to be produced? Family garden& orchard & coffee b. Suitability of the proposed lot-size for that commodity? y� c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? Not intended d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement? lYLA Please submit your agricultural plans for the subject area and present evidence of consideration the above requirements together with your request for a change of zone? jy[g 22 If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. We wish to subdivide the current CPR property into two lots because each party has their own home and their own mortgage And it seems that it would be better for legal purposes to have separate lots. 7. To your knowledge,has there been any flooding and/or drainage problems on the subject area? Na». 8. Do you think that the roads leading to the subject area needs improvements? Present roads are concrete and black asphalt Is the road adequate for the proposed traffic volume or load? yE 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools NQ b.Roads N11 c. Sewer gQ d.Drainage NO. e.Police Protection f. Fire Protection bla g. Recreational Facilities �Q h. Public Utilities NO. i. Other NONE Signatur;1 (/2 Gale A. Sansone Address: 75-1027 Henry Street MSC 436 Kailua-Kona_Hawaii 96740 Telephone: 808/325-3201 Date: John and Nanea Parks 707 18th Ave. Honolulu,Hawaii 96816 TMK: 7-3-26:10 Dave Adams PO Box 1582 Kailua-Kona,Hawaii 96740 TMK:7-3-26:15 Ron and Dolores Morton 5411 North NewCastle lane Calabasas, Ca. 91302 TMK: 7-3- 26:19 Mr. and Mrs. James Bedingfield PO Box 3407 Kailua-Kona,Hi. 96745 TMK: 7-3-25:01 Roger and Lydia Weiss PO Box 3178 Kailua-Kona,Hi. 96745 TMK: 7-3-26:08 // z i .1._ i a+ 1 %% i o O , \d o , _ Iv N Np u e O r- F o ~O c A u6 0 N N 2 n 0 • r.t um. — MI5 co • 4 ti,_ -.,) o .: F CO Z Q r- 0 t- 0 n _ C) C) Q. o � v ° CO � 0 N 00 0 1r— r - ° o o v -1 nl ° S - °' n ,z x Z_ C Z o i g At-t) . o my 0 sa. CO 4 t 1r JF HAWAII STA. _ dr- HAWAII RESOLUTION NO. 330 96 • o��� cry s-% • ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE '` i DISTRICT BOUNDARIES WITHIN KALOKO MAUICA AND OTHER KONA WATERSIIED AND MAUICA FOREST AREAS. Q� WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use district and the county Agricultural - 20 acre (A-20a)zoned district; and WHEREAS, although a significant amount of the native forest cover has been removed throughout the original subdivision for pasturage, recreation and residential use since its initial development, a substantial amount of forest cover remains on lands above the 3,500-foot elevation above sea level, which lands comprise the upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level, all lands are in the state Agricultural land use district (L.U.D.) and the county A-20a zoned district (or the equivalent, by way of owner-initiated cluster/open space zoned district combinations) and are iii pasture and forest use,with the exception of several forest reserve areas which are in the state Conservation L.U.D.; and WHEREAS, from time to time since the initial subdivision was completed, various lot owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be further subdivided, and to date most such change of zone applications have been approved by the council and enacted by ordinance; and • WHEREAS, such rezoning ordinances have established a pattern of(1) Agricultural - 3 acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the 2,600-foot elevation and (2) Agricultural - 5 acre(A-5a) minimum lot size densities in a narrow band immediately above the A-3a zoned district,extending to the 2,900 foot elevation; and WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision reportedly have one or more single family dwellings thereon and approximately filly percent are reportedly improved with two or more dwellings;and WHEREAS, several property owners have cited these heigntened levels of effective density and initiated requests for rezonings of lands in the upper half of the Subdivision from the A-20a zoned district to an Agricultural - 10 acre (A-10a) zoned district, which requests, if approved by the council, would indicate a zoning policy supportive of ten acre minimum lot sizes throughout the upper half of the Subdivision; and • WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" of ten acre property interests under provisions of the state Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and mortgageable interests on a single lot without regard to the county zoned district such lot may be in; and • WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions through the application of the C.P.R. law, it finds that such misuse should not be cause to compromise the value and force of county zoning powers, and instead may be reason for the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land use district; and WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, far above the elevation where the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the County of I Iawaii,promote its use as pre-cursor of up-zoning pressures throughout the • island's watersheds and signify that ten acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densities in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattern long established for the mauka, watershed lands of the island of Hawaii, and the Kona region in particular, for a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. w --U1- ► BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Pluming g Commission. g Dated: Hilo, Hawaii, this 19th day of June • 1996. INTRODUCED BY: /// 0111. 1. 1A COUNCIL MEMBER, COUNTY OF HAWAII • • • • • COUNTY COUNCILEX ROLL CALL VOTE County of Hawaii AYES NOES • Hilo,Hawaii ABS 111111111111111 A rakaki 111111111112111 1111111111111111 I hereby certify that the foregoing RESOLUTION was bythe Bonk-Abramson X __ g g Childs X 11111111111111 vote indicated to the right hereof adopted by the COUNCIL of De lima 11111111111111 , the County of Hawaii on June 19 1996 8 x Domino X osorio \1TEST: Rath X Ray X .0* � ` � Smith X 6 KM= 0 Reference 0-1199/PC-124 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 58 9'7 (Draft 3) RELATING TO ZONINGS ABOVE THE 3,000-FOOT ELEVATION FOR PARCELS WITHIN THE KALOKO MAUKA SUBDIVISION WHEREAS, the Council adopted Resolution No. 330-96 which established a policy that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North and South Kona shall be reclassified to any zone district having a minimum lot size of less than twenty acres; and WHEREAS, shortly after the adoption of Resolution No. 330-96, the Council approved two change of zone requests for A-10a lots above the 3,000-foot elevation with more stringent requirements to mitigate the concerns established in Resolution No. 330-96; and WHEREAS,the Council recognizes that a low density use pattern for the mauka, watershed lands of the island of Hawaii, in particular the Kona region, should be protected and maintained for environmental reasons; and WHEREAS,the Council finds that a maximum density of two dwellings per tweny acres for lands within the Kaloko Mauka subdivision above the 3,000-foot elevation with the following conditions in addition to the standard conditions of approval for similar zonings in the area, will protect the watershed and native forest and maintain a low density pattern: A. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. The applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. A 100-foot wide "forest reserve easement" along the existing public street frontage of the subject property, exclusive of access points permitted by the Department of Public Works; 2. A 30-foot "forest reserve easement" along all lot lines not covered by the 100- foot easement; and 3. A 100-foot wide structural setback in lieu of the required 30-foot setback along the existing property's )li::lic street frontage to provide an additional buffer. EXHIBIT • r B. Restrictive covenant(s) in the deeds of all the proposed agricultural lots fronting existing roads shall specify and uphold the easements and setbacks set forth in Condition _. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition _, no less than eighty percent (80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. C. Restrictive covenant(s) in the deeds of all the proposed agricultural lots shall prohibit the construction of a second dwelling unit on and any further subdivision of each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the 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. D. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources, the State Department of Health, the State Department of Agriculture and the U.S. Department of Natural Resources Conservation Service. The forest management plan shall require the following: 1. Include at minimum, the best forest and reforestation practices, program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources, such as the Forest Stewardship Program or the Soil Conservation Service Management Program. 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 t1e 'orest management plan or the recording of the restrictive covenant(s), the refc:estation program for any cleared or grubbed s area(s) in excess of the 20% within the subject property shall be substantially implemented prior to the issuance of final subdivision approval. 4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50) years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Commission consider favorable recommendations for A-10a zoning requests for only those parcels within the Kaloko Mauka Subdivision above the 3,000-foot elevation and include the aforementioned conditions with such recommendation provided that the other goals, policies, and standards of the General Plan are met. BE IT RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to Stephen K. Yamashiro, Mayor; Kevin Balog, Planning Commission Chairman; and Virginia Goldstein, Planning Director. Dated: Hilo, Hawaii,this 2nd day of June , 1997. INTRODUCED : : iI' i 4// atJN IL MEMBER, COUNTY OF HAWAII E3iLT/CES COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii Aanxwxi x CHUNG • X I hereby certify that the foregoing RESOLUTION was by the LEITHEAD-TODD X vote indicated to the right hereof adopted by the COUNCIL of the RAY X County of Hawaii on June 2, 1997 • REYNOLDS X SANTANGELO X ATTEST: SMITH .. X E'ER X "11. X 8 0 1 0 Reference G 219 .04/PC-53 COUNTY CLERK CHAIRMAN &PRESIDING OFFICER RESOLUTION NO. 5 8 9 7 (DRAFT 3 1 w .. .. I i A i :514.0.00," 001 _• --. i , .Q�,r _ ___\_., , - 'i %1 PA • ,_ „. ofeeijos • . I. ._.. , siri Aiiiist : • .0 1 . ii'A-J�� 4- %1Vire �� .,o tit. ,..j_ .,,_.__, a a\ icick. t. °O,"#VM -4 iiiiir4OPI 44071 • �'� ��. A49° • 4 -54 SA Weil= . _ ,* • A-3a wiloh i;\..i4,0, •� A la< .��::: , . •� [TN Nit,__,, 4 5 0 i. ,, ,,i ,,,o----10 \ v % timouPigii 1"httliokr,, --# kaduallo- 0 i uk Olty4w._ ARic: 010 1111.110deigigtelir ���;Ali p4. .......„110.11 ___401_1 Ihitatr„-. Juirsr,0",*4 -411 :4...4 w w ' '*-w-41-6- 11111147°3*Ni 4_,Is / I _ - Fi f i _� , _ -re' �\ �' ajeAstlo e4 - (U) V D 4 Refers to rezoning request Summarized in Table I EXHIBIT CURRENT ZONING SURROUNDING PROPERTIES F f?lJf'i - bW4bUIVt r r�ui Y� Iva. • - ._. _ Fax To: Aaron Ueno 1- °\1p 55 District Environmental Health Program �, `�' hN`►1:'t 400 933-0 � Fax To: Virginia Goldstein Planning Director 961-8742 Subject: Change of Zone Application (REZ 98-11) Applicant: Michael & Gale A. Sansone and Rhody & Susan P. Edwards Request: A20a to A-10a Tax Map Key: 7-3-26:09 Dear Mr. Ueno, This letter is in response to your memorandum Dated June 4, 1998 to Virginia Goldstein. Per your request I have attached information showing the locations of both waste water systems. Please do not hesitate to call me if your require more information. Thankyou, ale A. Sansone EXHIBIT r ( 573G FHOM : SANSONE M-SJNt ra.1. • JGJJGt6l jun. 1 f 1770 r,-+..+..r I l l Tl. 7-9b 04 PM HA CD4. I-4114B 80838f leP.02 ".' I'i1 - .._'=•, `Late:-: inn tu: uCr• t . 'de. r'EA4.7r. J Sanitation tirench Property Owner: \4. „:„..k S (ittay .rMx: .-7....z..1 , .,�?9-.cm P .O. Box 228 Pee ' 1 Kealakekua, HI 6 Address: - - A ' . t t. et Siset �1 C.r�'t% Cf .+• I 9 �; „� _ ,..- Ph: 322-7011 Builder/Cvntraetor:_i.0 Fi c;_L,r. -.iS. Intended roe: i-) �,i `;' • 2 Owner I a/Agents Mall.no xddr■ss: i rte-' r� Ptlone: -.7.;.,���^ �� ` _ s.: r� r' L rn C Building Permit No, : - Number of Bedrooms: ,: f: r .ic • 1 C ,�: Ccoaeool specifications: �. "A" Diameter t� "!t" Depth "C" Dcprtt, below :tistuet�grace' US to covert / ' t "0" Depth to Groundwater: t'taw.1.1tL t� "E" TYPO Retaining Wall: e.ct. • 1-e.--'--- 4E- finished finished grade Ors-.F.• rs _ -e • , iti 0410111 inlet Aloe • Z 1T tt} d •. • L . a X-SECTION PLOT PLAN Scale: c:ovgr, Snceifications Show! Location Of all buildings. utility lines Thickness: external to the buildings, property lines, Piemctor: and ether legal boundaries, individual Manhole! . ! _ wastewater systems y■tams, auriaat: waters, sabers: and roadways. size.... 1111. spacing - ....... owNER t S r•litTl F I CATION $TATLMEM , I certify that I am the owner, duly authorized agent of theineiVidual wastewater system described on the attached plotplan And oras+lttgfs) and that said individual wastewater system as installed complies with Title 11, Chapter 62,11awaii Administrative Rules, which I have road and undp tend. DEPARTMENT OF HEALTH SECTION -nature -ate JAccepred ay s -".. Siqnstuggid:3/1 :-Ake. 1_7°'!'1_7°'!'1. MM.=' nOTARY .2C si�G. A t+a:a . '-.-. 5- %%3 Titles ..Isar i A.,,Oast:: •' s9 r Notary Public signature required if Remarks: J! parsons other than owner signs "owner's Ccrtifieation Statement" S ao ted and murcirn before this ' t. of t7 Q1•1 , • Mot3ry ite. .2_M=2.11.1171'.7= • circuit. 3t2itc of ttaw.sii-tAq► 't et f ,r,ftii.)h FROM Sf JSONE )-'1UNt NU. : ..)Z3,5 61 Jun. 1 r 17o ri•+.•wri i r ? ' ' -,417-4�' t��4 :23 PM HACP i-WW$ $tb8�3 00 P. 03 Sanitation $rt!ner. Property owrtar: 'a.Y" e.., ta__ 4 - TMK: /• 3 •jii :0,,,, ", P .O. Box Z28 Address: r} c Rea)akekua, si 96: r..� t.t11., Ay- ' ,1► __.__Lot Sitter 71 09 / rriaL Ph; 322-7011 fiulltlor/Contractor i_ rf"i stLaiwlx_Zail iusa lntendfd Fort _Q.0 __ _ ..._L Owner,s/hgente Mailing xddrtss: r ,142 'f i-�s?_A .....pt%on•r1'9 Sy2 /� Building Permit No. : � '\ Number of Bedrooms: 3 • NZ t:es ;vee1eicatiREE: '''' t.1%, 1 / ..14:4, (, "k" Diameter "� "0" Depth \\. it'SC,+ '•C" De=als. bola+ nisnod grade � • to cover' + •, "D" Depth to CXoun•wa er: l[a}C 'Tr Type RCtallsing Wall: Olueo,i.r ' A......... 166A-kk-`_ itj..L... `oo+ v� __ finished grade • w.._ IanOLDSa "a" l i w. .• ■ _ is - � a. t o acv.e�. 1t-SEL"3'Icxtl FLCR' Beale: Cover SpecificationsShow: Location of all buildings. utility tines Thickness: / +� efetesnal to the buildings, property lines. Diameter: if,/other legal boundaries. individual Manhole: !t" wastewater system/systema, burials::: waters. Rel�arst and roadways. size Al spas:ins h It , maEaLS ereTrrrel.=roes erA'Y2q L► -- . = certify that I am the owner, duly authorized a• • t of theindividual vast:water system described on the attached plot pi tia drawing's) and that said individual wastewater system as installed complies ". Title 11, Chaftett 62.flawaii ' % Administrative Rule., which I have read and unders . . /�, DEPARTHsHT Of' HEALTH SECTION s i- "" re ' '-. 1.. da / tecepted By: Signature: .„,_ a/'r tlarraY Tll>SLIC Some: , .4/111-, Titley ' , •r -•-- Dates ' Notary Public signature required it �� Remarks: . portent( other than owner signs "Owner's Certification Statement" • �"�" �" suraegy bed and sworn bettors me this aM L'day of 19 _- „otary vi sc. „ Judicial 1 Clteult. 'Hata ent Itawal l-uy>�4 bite L J 1S w1 • • � I --. �t f.6., 'iy. .. .^t^r. c m r':r 14 •41:•x..r , ��1 4