The URL can be used to link to this page

Home My WebLink AboutCOM 0256.000 2010-2012 4 os q ; ', William T. Takaba William P. Kenoi ' • n.� 'e:# : • : Managing Director Mayor :Rl� : ec, ; Wally Lau '. �r p • N � +! := � Deputy Managing Director • County of Hawaii 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Highway • Kailua -Kona, Hawai'i 96740 (808) 323 -4444 • Fax (808) 326 -5663 June 27, 2011 C::., Honorable Dominic Yagong, Chairman C ; r` and Members of the County Council County of Hawai`i 25 Aupuni Street . Hilo, HI 96720 i—. l :. Dear Chairman Yagong and Members: /Change of Zone Application (REZ 11- 000135) Applicant: 327 Kona, LLC Request: A -la & A -5a to FA -la Tax Map Key: 7 -4- 026:033 Change of Zone Application (REZ 11- 000136) Applicant: Cynthia Foster Request: A -40a to A -5a Tax Map Key: 6 -4- 017:042 As required by Chapter 4, Sec. 6- 4.3(C), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above - referenced requests. Sincerely, . • ffl William P. K: of Mayor Enclosures cc: Planning Department 3; 11 625 Hmsai'i Counp is an EquaiOppornniitt Prolific, and Endpioer Comm. No. 2. 5tr Ref, Tot Ref. Date 1 2011 •••aid e w :.• T i M ` �Tf OF•MF'� County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai`i 96720 * Phone (808) 961 -8288 • Fax (808) 961 -8742 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: Change of Zone Application (REZ 11- 000135) Applicant: 327 Kona, LLC Request: A -1 a& A -5 a to FA -1 a Tax Map Key: 7 -4- 026:033 The Leeward Planning Commission at its duly held public hearing on May 19, 2011, voted to forward an unfavorable recommendation to the County Council on the above - referenced request for a Change of Zone from Agicultural - 5 acres (A -5a) and Agricultural - 1 acre (A -1 a) to Family Agricultural - 1 acre (FA -la) for approximately 12.17 acres of land located adjacent to and south of Kona Heavens - Unit I Subdivision and immediately makai (west) of Kona View Estates - Phase I Subdivision, and situated at the southern end of Halolani Street, Honokohau 1St, North Kona, Hawai`i. The unfavorable recommendation was based on the following findings: 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 that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. It has been a long- established policy of the Planning Commission and the Planning Department that areas to be considered for rezoning have basic improvements Hawai 'i County is an Equal Opportunity Provider and Employer Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 and amenities in place, such as the availability of water and infrastructure to support the proposed use. Other factors that must be taken into consideration in reviewing a proposed change of zone include a specific examination of a number of factors to determine the suitability of the property for the proposed amendment. This request is consistent with the General Plan LUPAG map designation of Urban Expansion Area. However, the requested change of zone within this area of North Kona will not conform to the following goals, policies and standards of the Land Use and (Housing) Single - Family elements of the General Plan: • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Areas shall have basic improvements and amenities necessary for immediate use. Approved on June 25, 2007, Ordinance No. 07 99 established concurrency standards for roadways and water for all change of zones, including the extension of time to complete conditions of approval in an existing change of zone. The Kona Community Development Plan (KCDP) adopted by Ordinance No. 08 131 on September 25, 2008 created a section within the KCDP addressing the concurrency requirements adopted within the Zoning Code. The objective of concurrency is to manage the timing of growth in Kona to avoid overcapacity of the arterial as well as collector roadway systems within the KCDP planning area. Under the Concurrency Table, this proposed change of zone is within Zone H, which identifies two segments of Kealaka`a Street that should be constructed concurrent with the occupancy of units as a minimum area mitigation. The two segments are identified as 9B, Kealaka`a Street — (Hina Lani Street to Kealakehe Parkway) and 9C (Kealaka`a Parkway to Hao Kuni Street). Currently, there are no definitive timelines for completion for either of the two segments, and both design and funding are not in place. Until such time the two segments are scheduled for completion, the proposed rezoning Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 cannot be supported, as the project is inconsistent with the Land Use and Transportation policies in the KCDP. The KCPD identifies the project area as being situated within the "Kona Urban Area" (Kona UA). The Kona UA is designated as that portion of North Kona spanning from the Kona International Airport at Keahole to Keauhou. Most of the future growth in Kona is proposed to be directed to the Kona UA. According to the Transportation Policy in the KCDP (6 -1), the Kona UA has been designated as a "critical road area" and identified on the Official Kona Land Use Map (Figure 4 -7) of the KCDP. The "critical road area" is defined as a geographical area where any of the transportation facilities serving the area have been determined to be worse than the acceptable level of service. Within a critical road area, all rezonings are subject to local and area mitigation and must comply with the concurrency map, which identifies the road segments to be constructed concurrent with the occupancy of units as a minimum "area mitigation." The KCDP requires any rezoning within the Kona UA to comply with the Official Concurrency Map and restrict occupancy until the completion of the Queen Ka`ahumanu Highway widening to the Kona International Airport at Keahole. This requirement is applicable to all rezonings unless the project site is within a designated Transient Oriented Development. Further, the concurrency map identifies the road segments to be constructed concurrent with occupancy of units as the minimum "area mitigation ", as defined in HCC 25 -2 -46 (Zoning Code). Thus, the concurrency requirements in the Zoning Code and the Kona Community Development Plan cannot be satisfied within a reasonable timeframe to support a favorable recommendation of the request, and the proposed rezoning fails to demonstrate how concurrency issues can be satisfied. Concurrency standards for roads as articulated in the Zoning Code requires mitigation if the Level Of Service (LOS) for any transportation facility in the project area is currently worse than the acceptable level of service or projected to worsen in the future. Mitigation is defined as "specific actions to reduce traffic congestion ", including improvements to roads and intersections in the immediate vicinity of a project, such as channelization of intersections, turn lanes into a project and similar improvements (local mitigation), and improvements that increase the capacity of an arterial or other major road, including additional lanes in the general region containing the project, or construction of a new arterial or collector road in the general area containing the project, or improvements to public transportation such as buses or park and ride facilities, sufficient to offset the traffic demand generated by the project (area mitigation). It would not be unreasonable to include a condition to restrict occupancy until the completion of this project. However, it would not be feasible to place a condition on a rezoning based on unknown or uncertain factors to warrant a favorable recommendation Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 at this time. Therefore, due to the infrastructural deficiencies within the affected area and inconsistency with the KCDP, the Planning Director does not support the change of zone as it would not result in a more appropriate land use pattern that will further the necessity, convenience and welfare of the public. It is, thus, recommended that the Planning Commission send an unfavorable recommendation to the Hawai`i County Council. Enclosed for your information is the transcript of the hearing as well as a copy of the applicant's representative's Powerpoint presentation that was presented at the hearing. The Commission, which recognized the concerns expressed by the applicant's representative in his presentation, requests that the County Council re- examine the Kona Community Development Plan to provide flexibility and to encourage collaboration between government and landowners to seek ways to allow consideration for projects such as this as they are a means to help address much needed infrastructure that benefit the community. We have also enclosed the staff Background Report and Planning Director's Recommendation and a draft ordinance amending Section 25 -8 -3, the North Kona Zone Map, of the County Zoning Code. Please note that because of this unfavorable recommendation, no conditions are attached to the draft bill. Should you have any questions, please contact Daryn Arai of the Planning Department at 961 -8288. Sincerely,, L ` 7) Lani L. Bowman, Vice - Chairman Leeward Planning Commission L327KonaLLCrez1 1 -135 #2 Enclosures cc: Mr. Sidney Fuke 327 Kona, LLC Department of Public Works Department of Water Supply Corporation Counsel Planning Department - Kona Department of Land and Natural Resources -HPD LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 19, 2011 A regularly advertised hearing on the application of 327 KONA LLC (REZ 11 -135) was called to order at 9:36 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii, with Chair Lani Bowman presiding. COMMISSIONERS PRESENT: Lani Bowman, Brandi Beaudet, Thomas Hickcox, Wayne Iokepa, Richard Nelson and Thomas Whittemore ABSENT AND EXCUSED: Geraldine Giffin STAFF PRESENT: Julie Mecklenburg (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Roz Newlon (Staff Planner) And approximately 15 people from the public in attendance. APPLICANT: 327 KONA LLC (REZ 11 -135) Application for a Change of Zone from Agricultural -5 acres (A -5a) and Agricultural -1 acre (A -1 a) to :Family Agricultural -1 acre (FA -la) for approximately 12.17 acres of land. The subject property is located adjacent to and south of Kona Heavens -Unit I subdivision and immediately makai (west) of Kona View Estates -Phase I subdivision, and situated at the southern end of Halolani Street, Honokohau l North Kona, Hawaii, TMK: 7 -4 -026: 033. BOWMAN: The first item on the agenda is the applicant, 327 Kona LLC, rezoning 11 -135, application for a change of zone from Agricultural -5 acres and Agricultural -1 acre to Family Ag -1 acre for approximately 12.17 acres of land. Do we have the staff presentation? NEWLON: Yes, thank you. BOWMAN: Okay, thank you. NEWLON: If I may direct your attention to the presentation on the wall. This morning our first application is from 327 Kona, LLC. They are requesting a change of zone from Agricultural 5 -acres and Agricultural 1 -acre to Family Agricultural 1 -acre for approximately 12.17 acres to accommodate a proposed ten -lot subdivision with lots a minimum of one acre in size. The area of this application is within the North Kona district near the Palani junction. Mamalahoa Highway is situated along the right side of this map with Hina Lani running in a mauka -makai direction. Here is Hina Lani right here. Here is the project area. Halolani Street comes off of Hina Lani Street and provides the primary access to the subject property. The affected parcel, outlined in black, is at the south end of Halolani Street. The colors on the map represent the different zonings for the area. The darker green is identified as Agricultural -1 acre zoning. The lighter green, which also is the zoning for the subject parcel, is identified as Agricultural 5 -acre. There is a small portion of the subject property zoned Agricultural 1 -acre, which is in the bottom portion, the southeast 1 ATTACH: Comm. 256 Bill 65 portion of the property, just a small sliver. Their surrounding subdivisions include Kona Heavens, which is just to the north, just adjacent right here, and then Kona View Estates, which is right here. The next slide depicts the General Plan Land Use Pattern Allocation Guide Map designation for the area. The subject property is outlined in black and is situated within the crosshatched area identified as Urban Expansion Area by the General Plan. The yellow area adjacent to the north is designated for Low Density Urban uses. This is an aerial photograph of the subject parcel, which is now outlined in red. This is an old photograph; there is now a subdivision. The applicant is requesting to subdivide to ten lots, approximately one acre, twelve (sic) one -acre lots. This is the proposed layout, with Halolani Street shown to the left, this plan actually go, it's on the side, so Halolani is on the left. This is Halolani Street extension and this is the new road — this is a road that cuts right through the parcel right now, Waiha Loop that comes through. This slide was taken at the entrance from Halolani Street. This is inside the subdivision, looking at from Halolani Street extension. This is the Official Concurrency Map from the Kona Community Development Plan, which identifies the property as situated within the Kona Urban Area, which is the red outlined area on the map. According to Transportation Policy 6 -1, the Kona Urban Area, which includes the subject property, has been designated as a critical road area, as defined in the Zoning Code, whereby rezonings shall comply with the Official Concurrency Map, which identifies the road segments to be constructed concurrent with occupancy of units as the minimum area mitigation. According to the Concurrency Table, the project is within Zone H, which identifies the segments of Kealaka'a Street that need to be constructed concurrent with the occupancy of units as the minimum area mitigation. These two segments are identified as 9B, Kealaka'a Street, which is from Hina Lani Street to Kealakehe Parkway, and Road 9C segment, which is Kealaka'a Street also, which is Kealakehe Parkway to Hao Kuni Street. H is right here and the two segments are right here, and this is Hina Lani Street over here. As of this time there is no completion dates scheduled for either of these segments. For the reasons stated, the project is inconsistent with the Land Use and Transportation policies in the Kona CDP, and the Planning Director is recommending an unfavorable recommendation of this change of zone request. Do you have any questions for staff? BOWMAN: Any questions for the staff? No? Would the applicant or representative please come forward? Thank you. FUKE: Good morning. BOWMAN: Good morning. Could you please raise your right hand? FUKE: Sure. BOWMAN: Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawai`i Planning Commission? FUKE: Yes, I do. 2 BOWMAN: Thank you. Would you state your name and address? FUKE: Sure. Good morning, Madam Chair, Members of the Commission. My name is Sidney Fuke. I'm a planning consultant. My business address is 100 Pauahi Street, Hilo, Hawai`i. With me this morning are the applicants, Mr. Tom Smith and Arturo Litwak, who both flew in from the mainland a few days ago for this hearing. They are part of the group called 327 Kona LLC. Just by way of background, the reason why 327 Kona LLC was formed, I mean, you know, they purchased 327 acres of land, and that's the reason why it's 327 LLC. The subject area is a portion of this 327 acres. Now, we've had a chance to review the staff's background report and the Director's proposed recommendation. We have absolutely no problem with the background report because, you know, it's very accurate. We do, of course, differ with the Director's recommendation. We do understand the Director's position, you know, in light of the Kona Community Development Plan. And if the Commission would indulge me, I'd like to go over a presentation that, you know, with the kindness of your staff; they enabled me to have whatever I was going to present on your PowerPoint just to make it easier for the presentation purposes. So, okay, the Planning Department's -. Oh, it's yours. Nope. Where are mine? Okay, here is where we begin. The reasons for the denial recommendation: If you read the staff's background report, it said it was not because of the General Plan Land Use Map, you know, because it's within the General Plan Urban Expansion Area; and it was not because there is no water, because there is more than sufficient water commitment for the project; it was not because of any archaeological or other environmental constraints, because there is no archaeological impacts, you know, we did the study, everything was done; and it's not within any floodway; it is not because they are not going to be providing any affordable housing or make their fair share contribution, because they are required as a condition of all zone change to comply with the County affordable housing requirements, and in addition to that, the fair share requirements. And the denial recommendation, if you read carefully, it's also not citing any of community or public agency objections; neither the Police, Fire, you know, had, or Public Works Department, had any objections to the request. The question then is, why was, what motivated the Department to recommend denial? And the only reason they came up with was because of the Kona Community Development Plan in relative to the concurrency issue. Specifically, as the staff pointed out, it says that the Kealaka`a Street extension, essentially between Palani Road and Hina Lani Street, must be completed before occupancy can occur. And at this point in time we all know that the timetable of its completion is unknown. And so, that essentially is the primary reason for the denial. This is the map of the Kona Urban Area reflected in the Kona Community Development Plan. And what I've tried to do is, this is the 327 -acre property, and this area outlined in red is the so- called Kona Urban Area. And if you can see, you know, there is, a lot of urban area is being directed towards, you know, where we are sitting right now, you know, in the Kona Palisades, the Kona Acres area. And largely the thrust behind creating urban zones in this area is to minimize pressures for development for your better agricultural land, which would be outside of your Urban Area like, you know, Holualoa and Kealia and heading down South Kona. So, as the growth occurs in the North and South Kona area, there has to be a competition for this area. So the Plan, you know, reflective essentially of the General Plan basically saying that let us focus development in this area, which does not have very competitive agricultural resources. 3 This is a blow -up of the Kona Community Development Plan. Again, this is your Urban Area and this is the 327 acres parcel. This is Hina Lani Street. Then what I did was just taking an excerpt from the Kona Community Development Plan just to make it easier. And basically if you read down this section over here — sorry the yellow didn't come out — but it's basically, as the staff has stated, that you have this policy, and the policy states that "rezonings within the Kona Urban Area shall comply with the Official Concurrency Map, which identifies the road segments to be constructed concurrent with occupancy of units as a minimum area mitigation." So it's clear in the Kona Community Development Plan; it states that if you don't have certain road improvements completed, then basically you can't develop, you can't have the zoning. And there is another policy, which also states — again, it's kind of like faint up here — but basically in this section over here it also states that in addition to having certain basic infrastructure improvements be completed, one of the common threads was that the Queen Ka`ahumanu Highway extension had to be completed before, I mean, the Highway extension up to the airport had to be completed before any occupancy can be provided. So in addition to that requirement, there was this concurrency requirement for certain improvements that had to be done. So then we come now to, you know, like I said, okay, what does the concurrency table say relative to this parcel? And again, this is the road map for the Kona Urban Area and this is the subject area. Again, this is the subject area. And the 327 -acre area, as you notice, has two so- called concurrency zoned area: One is Zone H, which affects this particular area, the subject area, the proposed ten lots subdivision; the balance of the property on the lower side falls within the so- called Concurrency Zone G. So then you look at like, what does concurrency for H say, which is the subject area? And the concurrency says essentially that Kealaka`a Street has to be completed from essentially Palani Road to Hina Lani Street. And so again, I'm just kind of pointing out these things largely just to indicate that there is no question from the Planning Director's standpoint in reading the Community Development Plan, and we agree, just the way the language is written, it's saying that if the Kealaka`a Street extension is not completed, then no rezoning, you know, within that area can occur. Then there is another provision in the Kona Community Development Plan, which talks about — again, it's very, I'm sorry, it's kind of faint — but it says this priority road improvements, and in that priority road improvements, it basically states that these are all of your road proprieties, and the first one is the completion of the Kahului - Keauhou Parkway, and if you look at where the Kealaka`a Street extension is, it's almost near the bottom. So this Plan kind of forces administrators in terms of trying to implement all of the roadway improvements called for in the Plan according to this level of priorities. And then there is another provision, it says over here, like, how do you accomplish the realization of all of these roadway improvements? It says, well, you develop a financing plan for streets according to the priorities listed over here, and that responsibility falls with the Planning Department, the Department of Public Works and the Finance Depai tment. This is kind of like a blow -up of the entire 327 acres. This is the area that the proposed ten lots subdivision is— and again, it's kind of faint — but this is the proposed Kealakehe Highway extension, I mean if you extend this road, it goes up and basically it would be going through a portion of the applicant's property. And this is the so- called Kealaka`a Street extension, the north -south extension. 4 The reason why I kind of like provided all that background with the Commission is that to basically concede that, yes, you know, the Director's recommendation is what it is, because she has an obligation to look at what the Community Development Plan says and provide its interpretation, and it's an interpretation that unfortunately we concur. But we don't necessarily agree with the Plan. And this is what we are trying to say that if this policy is continued, you know, adding for an item not necessarily only for this application, what happens is that you have de facto moratorium on rezoning for not only this but almost all area within the Kona Urban Area, because no single landowner can develop the called -upon road improvements, you know, listed in the Plan. These improvements, they cross many properties, which are out of the control of a single landowner, and the completion of these required improvements are regional and not local in nature and cost prohibitive for any single development. It also creates an incentive for landowners to develop outside of the Kona Urban Area, mostly in the agricultural or rural areas, to escape the major road improvement requirement. If you remember, like this concurrency requirement applies only if you fall under Urban Area; so if within the Urban Area, all of these roadways have to be in, what is does is like, I can't make the improvements, and so what happens is, there is still a demand for lots, then the tendency is to look outside of the properties, outside of the Kona Urban Area, because it's easier to develop, easier to rezone, because there is no concurrency requirement. Then the other thing is that, you know, it does not foster an incentive for landowners to participate in helping make the improvements, because the only option outlined in the CDP is all or nothing. This would result in the landowner not doing anything, or developing the property under the existing zoning, which in turn does nothing toward helping address the infrastructure shortfall. Like in this particular instance, the 327 acres, they are zoned 5 acres; so if they are coming in to create smaller lots based on what the urban plan is saying, the urban plan is that you want to create smaller lots to accommodate the added growth in this area, but if it comes at such a high price where no person can develop, then the alternative is to say, well, I'll just develop based on the 5 -acre zoning. And if you develop based on the 5 -acre zoning, then you escape that requirement. And you have large lots, and the large -lots doesn't help out the Plan, doesn't really implement the Plan, because the Plan talks about trying to have smaller lots and not agricultural size lots in this area. Let's talk about like, what has Kona 327 done to date? Over the last three years, what they have done is they've worked with the adjoining property owners — on one side of their property is, on the south side, it's owned by Greenwell Lanihau, and on the north side, it's owned by Stanford Carr Development. So they've worked with these two property owners, and then they've worked with the County to establish this Kealaka`a Street corridor between Palani Road and Hina Lani Street. So that general corridor has been established. They've spent over $750,000. They've conducted archaeological survey not only of their site but also of the adjoining property to the north, the Stanford Carr development. They did the archaeological studies. They went before the Burial Council. They got the Burial Council's approval, you know, this is only as it relates to the applicant's property. They've done a topographic survey. They've done a flora and fauna study. They've completed a topo and archaeological survey also of Stanford Carr's development. So over the last three years, this is what they've done, you know, trying to work with the County to establish this Kealaka` a Street extension. Right now they have in their hands a draft of the right -of -way agreement that was provided by the County to say like, can we do this, can we use your land, can we do this to accomplish the Kealaka`a Street extension. But it's a question of like whether they will actually review and continue to execute that Kealaka`a Street extension. In addition to, you know, working with the County and the adjoining property owners on the Kealaka`a Street extension, what they've also done over the past three years, you know, they've also worked with the 5 State and the County in trying to have the Kealakehe Parkway extension, which is the extension of this road that eventually would take you up to either the Mamalahoa Highway or near the Palani Road junction, you know, because it goes through this property. So what does Kona 327 want to do? They say, like, well, if they had the druthers, they want to continue working with the County, continue working with the adjoining property owners, to help realize the implementation of the construction and the implementation of the Kealakehe Street extension, as well as the Kealaka`a Street extension. But they need funds. They need some funds to help pay for the $750,000 that they dispensed to date and future efforts. And that's one of the reasons why they are coming in with this ten -lot subdivision with the hope of generating some funds so that they can continue its effort, you know, in continuing to work with the County, the State and the adjoining property owners. The alternative, however, as I mentioned earlier, is just to subdivide into five -acre lots or larger, and then if that happens, then they basically walk away. And unfortunately, what happens under that basis is that you frustrate the long -term objective of being able to develop and implement, plan, develop and implement the Kealakehe Parkway extension, as well as the Kealaka`a, because it goes through this property here. So the question now, I think, is like, you know, where do we go from here? The infrastructure, we all know, cannot be completed by government alone; there has to be private sector participation. The problem today is even greater because the government doesn't have the money to make this kind of major improvements. The approach or premise of the Kona Community Development Plan is that no development until the infrastructure is completed without any consideration for how projects, whether they are small or large, can collectively or individually help address this infrastructure shortfall. The CDP basically has a sledgehammer way to approach infrastructure shortfall; it places entire burden on the private sector, delegating the government to the role of an accountant — basically just saying the roadways in, you are in, the roadways out, you are out, and then with no way to figure out like, well, how can we work collaboratively to get these much needed improvements done. So, all we are asking, I guess, is like, we know what the Director's position is and she is obligated by law to uphold the Kona Community Development Plan; I guess we are here, we are asking the Commission, if you can understand some of the logic behind what we are trying to say here, you know, you are a little freer, if I can say the word, than the Planning Director, but I think the message, if you concur, you know, should be sent to decision makers, particularly the County Council, to let them know that these are some of the consequences, intended or otherwise, of the Kona Community Development Plan. I'm available for any questions. BOWMAN: Thank you. Commissioners, questions? BEAUDET: Let me ask one question. BOWMAN: Yes, Mr. Beaudet. BEAUDET: One question, Sidney. You are encouraging a collaborative effort between the private sector and the County in infrastructure development. Can you clarify again how 327 can contribute to that collaboration or the partnership? 6 FUKE: Okay, I think that right now the Planning Director's hands are tied because just the way the CDP is written; the CDP is written to say that you either have this infrastructure in, or you are out, you know, you are in or out, and it doesn't provide, there is no language in the CDP that says that, look, have the Planning Department or any agency work with the developer in trying to see whether they can accomplish the much needed infrastructure. If there were language to that extent, I can see, for example, like I would hopefully, you know, would want to have the Director come up with a favorable recommendation with conditions that require further collaboration between the applicant and the County in having the rights -of -way set aside for both the Kealaka`a and the Kealakehe extensions, because once you get the right -of -way established, it's merely a function of trying to find the funding, you know, for the improvements; but if you don't have the land, it's going to be very difficult to have the improvements completed. So the way the CDP is structured, it doesn't give the landowner, you know, the reason to want to collaborate with government; it's easier for them to just say I'll just develop five -acre lots, don't have to worry, don't have to hustle, don't have to worry about the affordable housing requirements, I don't have to hustle with fair share requirements, I don't have to worry about making this Kealaka`a or Kealakehe Street extension, just do the five acres and get out. And so, when you look at it from a long -term standpoint, it doesn't really do justice, you know, to what the Plan is really intended to do. The Plan, I think, the philosophy behind the Plan is not necessarily in terms of the concept or where do I want to have the land uses go; the philosophy lies in how it's going to be implemented. And so, we are asking like whether that kind of message can be sent to the Council so that there would be an opportunity for greater collaboration between the private sector and government in fulfilling or achieving these objectives, and not simply say it's in or out. BOWMAN: Any other questions? Planning Director? LEITHEAD TODD: I was just going to say that I'm having the same conversation with other property owners and not just the Kona CDP. But there are other people saying that because of the requirements and the inability to try and do like things incrementally, like, you know, I have somebody with a piece of property where a piece of a road would go through their property, and they are willing to build the piece of the road that goes through their property, but the next piece of property is not ready to go; but because I can't get the whole thing built at one time to comply with the concurrency, I have to do a negative recommendation on the first property owner until the next one or until I can get money from the County to build the rest. I'm also having conversations with other property owners that are just saying that they will just go and subdivide to existing zoning, which means that the corridors that you are going to need for some of the infrastructure in various areas are not going to be there and you are also not going to have the -. The reality is is that in order to put some infrastructure in, you need to zone to a density that allows you to split the cost of the infrastructure over that density, and if you are just going to subdivide it five acres, then you are not going to get some of that infrastructure that you want. And so I think with the best of intentions a lot of the CDP's had these requirements and these concurrency issues in them, but it really didn't take into account financing. And if you look at the Kona CDP, the idea of the Kona CDP is that, oh, government is going to pay 100 percent for some of these roads, and so the developers will sit there and the landowners have to sit there and wait until the County can come in. But the problem is is that the estimate for the infrastructure for the Kona CDP is in the neighborhood of $800,000,000, and I just don't think that the County is going to be really realistically taking the lead on that. We have paid for a financing plan, but a lot of that requires basically doing improvement districts and then that requires collaboration, and that means 7 you have to have multiple landowners willing to go and do the development at the same time. And the reality is, with property owners along the corridor of a highway, is that one property owner may be ready to go because he's got his financing in place, but the other piece of property, the owners of that one are not ready to go, either because they don't have the financing or they haven't quite figured out what they want to do with their property. And so there are going to be a lot of bumps in the way, and the reality is, I think, that in many ways it is working as a moratorium on most rezoning within the Kona Urban Area — then I don't know if that was what people anticipated when it was adopted. FUKE: I'd like to also kind of point out that — this is the 327 -acre area and this is the Kealaka`a Street extension — the length of the Kealaka`a Street extension is approximately three miles. So this is Stanford Carr's development, this is part of the applicant's property and this property is owned by Greenwell. So that's why the County and the applicant, as well as, you know, collaborating with the two adjoining property owners in getting this road alignment set, and relative to like the Stanford Carr property, this property, the original alignment actually kind of bisected Stanford's project, and so they kind of worked together to have the alignment maybe be situated at the lower end of Stanford's property so as to make it more feasible for him to do it. So, you know, all of these efforts, I would think, would go out in a wash. And just, if the CDP continues to be interpreted or implemented, or maybe unimplemented in the way it's been written, you know, it forces developers to not work together in getting these much needed infrastructure. BOWMAN: Any other questions? Just for the record, we have no one signed up to testify. Do I hear a motion? BEAUDET: I'd like to make a motion. BOWMAN: Okay, Commissioner Beaudet. BEAUDET: You might have to guide me on the proper language. But I would like to move for a favorable recommendation for the application, or for change of zone, REZ 10 -134 (sic), 327 Kona LLC, but with the recommendation that the applicant and the appropriate County agencies collaborate with each other to establish recommended rights -of -ways and fair share improvement obligations. BOWMAN: And this is a favorable recommendation to the County Council, correct? BEAUDET: Yes. BOWMAN: Do I hear a second? WHITTEMORE: I'll second. BOWMAN: Okay, Commissioner Whittemore, second. ARAI: Madam Chair? BOWMAN: Yes. 8 ARAI: Obviously, you are aware of the Director's unfavorable recommendation; if you are going to go ahead with a favorable recommendation, then that motion must be accompanied by findings to support your favorable recommendation. BOWMAN: Correct. ARAI: And maybe even draft conditions of approval or -. BOWMAN: Could you help us or Commissioner Beaudet? LEITHEAD TODD: Perhaps we could take a break. BOWMAN: Okay. May we call for a recess? BEAUDET: Call for a recess for clarification. BOWMAN: Please, a recess for clarification? ARAI: Sure, a recess will be appropriate. BOWMAN: Ten, five, ten minutes? ARAI: Can we make it -. Five minutes is fine. BOWMAN: Five minutes, okay, a five- minute recess, and we'll call you back. Thank you. RECESSED The Chair called a recess at 10:10 a.m. RECONVENED The meeting reconvened at 10:22 a.m. BOWMAN: Commissioner Beaudet? BEAUDET: For the record, I think — (microphone problem) how's that, is it working, okay — I think I need a minute or two to just elaborate on what my concerns are with the situation that we have here. The application for the change of zone is in compliance with the zoning plans within the General Plan, it does comply with the zoning requirements for the CDP, you know, for the most part, access to or availability of utilities is all in place or accessible in that given area, and there is surrounding development; but the one thing that it doesn't meet is the infrastructure requirement of the roads. My issue with what we have in front of us is that here we have an application for rezoning, but it's under, given the way that the CDP is written, the approval of that rezoning is restricted until certain roads are built, which all falls under the responsibility of the County. Currently and for the near future which we can see, there is no need to justify the County to seek the funding to develop that road. So my position here is to, because the CDP doesn't speak to any means of collaboration, that is the position that I'm trying to find — find the way that private landowners can work with the government in order to expedite certain projects that will be beneficial to our community and that fall within the compliance of the plans that we have in front of us whether they be General Plan or the CDP. So, with that, you know, I'd like to encourage any 9 • dialogue from the Commission, if they have anything to say that may be supportive or counter to what I've just explained. BOWMAN: Any comments, Commissioners? Commissioner Nelson. NELSON: We do have a motion and a second on the floor. We need to address that. BOWMAN: Thank you. This is discussion on the motion. NELSON: Okay. BOWMAN: Thank you. Any other -? Commissioner Hickcox. HICKCOX: Madam Chair, if I may? BOWMAN: Certainly. HICKCOX: I concur with our Director's recommendations in reference to an unfavorable response, and that's basically based on language within the CDP. I am not really clear as to whether or not this body can make a ruling in reference to the validity of the CDP's requirements. My recommendations would be that consideration be given to addressing the specific issues that were raised by Sid, and they are quite valid, however, because of a wide reaching effect of the decisions that we make at this particular juncture, it would become necessary in my opinion to have either the corp. counsel review it in its entirety to see where we stand with this, or as another thing, or another avenue is to have the applicant challenge a negative ruling in court in reference to the CDP. That's where my head is kind of going through right now. I really, you know, we can defer the decision until maybe corp. counsel make some recommendations, but right now just based on the evidence presented to us, I cannot vote in favor of that because it violates the CDP. So, I mean it's unfortunate, but I think to have a long- lasting effect on this thing, it's got to go out of our hands; it's got to go towards to corp. counsel, to the courts, if necessary, to wherever it may take to correct this wrong. BOWMAN: Thank you, Commissioner Hickcox. Any other comments, Commissioners? Questions? Concerns? FUKE: Madam Chair? BOWMAN: Yes, Mr. Fuke. FUKE: I know that you are in deliberation. Would I be able to just make one comment, just to clarify the applicant's position? BOWMAN: Is that all right, Commissioners? Sure, thank you. FUKE: Which is kind of like what I had on my last — shucks, is it this one — so looking at the bottom, just to let you know, if the Commission is inclined to recommend denial of the application to the Council, we also ask that you include a statement or two asking the Council to revisit the Kona Community Development Plan, and among the other consequences noted earlier, to seek ways 10 to allow consideration for projects like this, which represent an opportunity to help address much needed infrastructure. We understand that, you know, the Director's hands are tied, you know, the roles and responsibility of the Director, as well as the Planning Commission, is to advise the Mayor and the County Council; so, yes, you've got to follow the law, but I think that in so doing the Commission and the Director are, you know, given the responsibility to let decision makers know that there is some problems here or maybe you ought to take a look at this whatever, you know. So that's kind of like our position. BOWMAN: Thank you, Mr. Fuke. Commissioner Beaudet, do you have any comments since you made the motion? Or anyone else? BEAUDET: Well, if there is no further discussion, then I think it prudent that I withdraw my recommendation in favor of the applicant, and that we move for another motion. BOWMAN: Okay. The second? WHITTEMORE: I withdraw my second. BOWMAN: Okay, and Commissioner Whittemore withdraws his second for the motion. May I entertain a new motion? HICKCOX: I don't know if I'm going to say this right, but please help me. In reference to 327 Kona LLC, change of zone application, REZ 10 -134 (sic), I recommend that, not recommend, I move that we put forth an unfavorable recommendation in reference to the application and also to include Mr. Fuke's language in the request of having this application forwarded to the Corporation Counsel, I'm sorry, the County Council, requesting that the concerns in reference to the ability to implement language in the Kona Community Development Plan be re- looked at so that it may be more flexible to the point of allowing rezonings to go through, however, also taking into account means of maybe creating a collaborative kind of plan with developers and the government to move forward with the infrastructure. Is that long enough or what? MECKLENBURG: Commissioners, are you clear on the motion? So the motion is to forward an unfavorable recommendation but to, I guess, to have staff draft a communication to the County Council, incorporating Mr. Fuke's concerns that were raised and discussed today. Is that correct? HICKCOX: Correct. BOWMAN: Do I hear a second? IOKEPA: Yeah, I'll second. Second. BOWMAN: Thank you. Commissioner Iokepa, second. Any discussion? ARAI: Madam Chair? BOWMAN: Yes, Mr. Arai. 11 ARAI: If there is no further discussion, I just want to clarify, maybe make a suggestion. A lot of weight seems to have been placed on the presentation that was provided by Mr. Fuke, as well as the material shown on his slide presentation. It could be easier, not only do we make some sort of a statement to the Council, but actually including that presentation as part of the package that we forward to the County Council, if that's okay with the Commissioners. BOWMAN: Okay. Is that all right? I thought I heard Commissioner Hickcox say that, but maybe not, so we can put it in a -. ARAI: I just wanted to make sure if it's okay, if the intent was to also include the presentation. BOWMAN: Was it? HICKCOX: Yes. BOWMAN: Okay, thank you. And, do we have to ask Mr. Fuke? Is that -? FUKE: No, it's all public records, though. BOWMAN: Okay. Do I hear a second? WHITTEMORE: There was a second. NELSON: Wayne. MECKLENBURG: There was a second. BOWMAN: Oh, there was a second, sorry. Any other discussion? Hearing none, I would like to ask for the vote, please. NEWLON: Thomas Hickcox? HICKCOX: Aye. NEWLON: Wayne Iokepa? IOKEPA: Aye. NEWLON: Brandi Beaudet? BEAUDET: Aye. NEWLON: Richard Nelson? NELSON: Aye. NEWLON: Thomas Whittemore? 12 WHITTEMORE: Aye. NEWLON: Chair Lani Bowman? BOWMAN: Aye. NEWLON: Thank you. It's unanimous vote. Motion passed. FUKE: Thank you very much, Chairman and Members of the Commission. BOWMAN: Thank you, Mr. Fuke. The discussion ended at 10:35 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 13 5 t.t S;d sled at ql. *L0 p' REASON(S) FOR DENIAL RECOMMENDATION NOT because of • GP LUPAG map, as location is within GP Urban Expansion Area • Water limitation, as there is enough water commitments • Archaeological or other environmental constraints, as no archaeological impacts and not within floodway • Not providing affordable housing or infrastructure assistance, as project will comply with Chapter 11 of Affordable Housing Code and Fair Share Requirements • Community or agency objections, for there were none WHY then? • Because of the Kona CDP relative to "concurrency" issue; specifically, Kealakaa Extension between Palani Road and Hina Lani Street must be completed before occupancy can occur and timetable of its completion is unknown, / ----- / ` / / - . ~/ � '' i T Keahole ' Ir s g . . : : r_ t, 4. _ ,,,, - i w44, - ___A) _ _ . , \\4' Kenna ili LEGEND TOD Type* - Existing Roadway * Policy Layer k 2 locior:inumm Miles 1 inch equals 1 miles Kaawaloa - 2 ' 1 . ' ' " \ _ ::- 1 . ' . 1 1 • I ' , . _ .. _ ,.. - f " -- ., - - - - , Source County of Hawaii The County of Hawaii Planning Department is the repository of \ ________._____ _ mn�Comvmo8rcewg�nne�pt� Figure 4-7 Official Kona Land Use Map 1J 1 j 1 • i . ' ." * { i ce! � `+ \ 1 { A y 1 t, y 1 ' I i t iiii S {{ I et ... i ',, ......--'., \ \ 1 1 1, _1 .4,... _ ..,..... .......„ .. ,........,„ . 4 ...I -"" { �,y. 1, 4 • .........„ ' 1, 1 ',y, a„�•�� i j ..,-; ....... . ,..._ j Y4` , 5 . . . - k lailk ' I' h— 1- i .- - i :z.:'. .r... 'A., ',71):_'-!=.1 4 ) , - . .. ; i 4 :!III i .. .tom •1 ', •� t % : '-'7 -1 1 - '..�4 T7� , `_ y r . s. 1 - .,_.. ' . 1 'h.., 1- -t , ' pol? - ..: .`-,,,, ',„(..., .,:.,. 417 6' 1t4 _ 1- V D - 1 f�YAif i f 1 1 ,� ' 4 .,- - f 1 � -,--- VV ry ' / f 1 ,•*"="........, 1 ' 1 ----1-3; - 0 -17I ' , i t .. , J {I t{ 11 V t 1 N) '� 4yt f" t • 1 ' I 1 s aff + ' t Y 0 Y CHAPTER 4 GOALS, OBJECTIVES, POLICIES &ACTIONS TRANSPORTATION l facilities shall be included. Public parking fees should be set low enough to be affordable yet 1 high enough to discourage automobile use. Action TRAN -4.3a: Identify centralized public parking as part of the TOD Village I Master Plans (PD, developers, on- going). Action TRAN -4.3b: Identify centralized public parking as part of the Kailua f Redevelopment Plan (PD, KBID, on- going). Action TRAN -4.3c: Investigate appropriate parking fees (PD, KVBID, 1-2). 1 Objective TRAN - Rural Transit. To provide a paratransit system for Kona - with emphasis on J mauka areas and South Kona recognizing that a rural population cannot support an urban transit system. Policy TRAN -5.1: Paratransit. An affordable .public paratransit system shall serve the general public of South Kona (Le., it should not be restricted by age or disabilities). Action TRAN -5.1a: Establish fares for seniors, disabled, students, and general public. (MT, 1-2) 1 Action TRAN -5.1b: Commence shuttle service using mini -vans and small buses (i.e. Handi -Van) (MT, 1-2). I Action TRAN -5.1c: Modify shared ride taxi program to use coupons for the first ?' nine (9) miles and to allow starting the meter after nine (9) miles (MT, 1-2). Objective TRAN -6 Concurrency. To manage the timing of growth so as to avoid overloading the �. arterial system. Policy TRAN -6.1: Official Concurrency _ Map. The Kona UA shall be designated as a "Critical road area" means a geographical area "critical road area ", as defined in HCC 25 -2-46. where any of the transportation facilities serving the area have been determined by the Council to l - Rezonings within the Kona UA shall comply with the Official Concurrency Map (see Table be worse than the acceptable level of service. 4 -1 and Figure 4 -3), which identifies the road "Area mitigation" consists of improvements which segments to be constructed concurrent with occupancy of units as the minimum area increase the capacity of an arterial or other major J ; road, such as additional lanes, in the general mitigation", as defined in HCC 25 -Z -46 Zonin region containing the project, or construction of a g ( g new arterial or collector road in the general area } Code). containing the project, or improvements to public transportation such as buses or park and ride The Official Concurrency Map assumes: facilifies, sufficient to offset the traffic demand generated by the project. 1. The widening of Queen Ka`ahumanu HCC 25 -2 -46 Zoning Code Highway to four lanes from the Kona i KONA CDP 4-2 y CHAPTER 4 COALS, OBJECTIVES, TRANSPORTATION POLICIES, AND ACTIONS l International Airport to Henry Street, and 2. Completion of the Mamalahoa Bypass Road to the Napo'opo`o junction. Any rezoning outside of a designated TOD within the Kona UA approved prior to completion of the Queen Ka'ahumanu Highway widening to the Airport shall restrict occupancy until this widening project is completed. Any rezoning in South Kona approved prior to the completion of the Mamalahoa Bypass Road shall restrict occupancy until this bypass project is completed. This policy does not apply to projects exempt under concurrency provisions in HCC Section 25 -2 -46 (e.g. affordable housing). The Concurrency Map shall distinguish the current planning status of the corridor alignment. Table 4 -1 shows the roadway corridors that shall be built concurrently within the concurrency zone and/or TOD Village. Other roadway corridors shown on the Concurrency Map, but not listed in Table 4 -1 are part of the proposed roadway network, but are not critical to concurrency determinations. Action TRAN -6.1a: Adopts Concurrency Map (Enacted by plan). J Policy TRAN -6.2: Prioritized Road Improvements. In order to rectify existing deficiencies and influence the pattern of future growth and new roads, the following are priorities: • Kahului - Keauhou Parkway • Mamalahoa Bypass • Keanalehu Street- Manuwale`a.Street • Keohokalole Highway (Mid -Level Road), Phase I Palani to Kealakehe Parkway • Kamanu Street Extension • La'aloa Street Extension • Lako Street Extension • Keohokalole Highway (Mid -Level Road), Phase II, Kealakehe Parkway to Hina Lani Street . _ , • Nani Kailua Street Extension a. Makai section (Kuakini Highway to AIi`i Drive) b. Mauka section (Hualalai Road to Kuakini Highway) ▪ Kealaka'a Street. Extension • Keohokalole Highway (Mid -Level Road), Phase III, Hina Lani Street to Ka'iminani Drive • Hienaloli Street Extension • University Drive Action T— 6.2a: Develop financing plan for streets according to the priorities listed in I Policy TRAN -6.2 (PD, DPW, Fin., 1-2). • 1 4-22 KONA CDP 1 / 7 -- 1 , • . - - .1 ,,. ' ‘ 1 I i a s r, —I-4 f‘>, . 13 . A ,,,,-• rawmosoloIR — 00111d1F9 ,,• riAailt ' f I .‘ , CLT i ile—, I___ ximro .10 -;:. ' -• 2 C I t S D "T"•-• . 14■,..., '''..,, ,,,, . ' - - - , NOrag • • 1 12 \ ........ \ i 4 1111- .. --.. f i •• ?..i: ,, - 1,0 , G-- . ', - If— - ' .. 1 fr.,- ... , - _,.......Aw . .. : .,... ..,_ ...,.. , „.. . 1.... ovo- \ 4> '''''',,, a. 4 • 4 ' . ' '''''°'-' , .."3.?"Tklartal s .,. ,.. .44k Legend ' ... r t t . ,,..„, 1. ,:- Concurrency Zone' Proposed Roads* --, _., Status k1.. 0 .0... .1 ._... , ,....... A . 0 - - . - • Concept Kenna 'I , ° 3 ‘ . ! .. i t !Ati.... - ::: ''''''''. / :4 • H o l ua l oa F 5-dighbethOG(1 4 , 1p r G Regent Center - to, H . Kona Urban Fuca' 1..........■ , ...... ___‘....--,.". _ =I Rural Town TODe - i -- Existra Rcaulvday P'. i . * Policy Layer M 1 'Z2i .. • .,- i . i-i .t• .; i. wor. 7_ N , k. . 11111:1M=111111111.11.111. Miles K 0 0.5 1 1 inch equals 1 miles 2 Keauhou 71. e - - , - ,---- - ...' -- ; \- 1 , • Source: County of Hawaii. .4,"--t. - ' l 't ,.„,„-:•', .. The County of Hawaii Planning Department -,,, - is the repository' of the official map. Kona Community Development Plan Figure 4-3 Official Concurrency Map 1 4 t r 9 � _ I �' y v# 4 � j r e r a a � ,,, w.° ° ' � 'i + 1 S D a __ 7} �,. - e e a i „„,.,.s ti 4 4, 4: . �1 •+ d D 9 � < q ' `�, � r asYs1 4'a a� r e . a a y a " _ _ �, D e ka 1 e a e s A x � �� A : r a 1 ii, r 4 r, D ag': 4 " /e (1BvNvi- '7�.;_ I a cs _ Dr 9,;9 t}SI S�,Tt D . $ D r s'IA !r 9 - 1 S 1 l's '''4 : - .i ._..1 ,1 :A..,. t '''+. „.. - '' 1 N t 4 � 'w 11 ' LAH W � `, -_.'� q. 0� , ,2.. s 22 _...... p,„ . ‘_\ , ►' S 1 COQ 0 ; I x=: = o 9 sue" t ..-�" Q o , * 1 66 _ t : ‘ 0 .' .:. -7). ..... ..) <? ,,,,... 1 ',..--( 0 9 „ ''.-- b -'- = - ) c.9. a 58 '- ill •e" t— Ups Ctl T. $ `1) �` Q f it i t . ,III ��.� ; ..> 4- i s ey il IIIIMIN Y 0P'\A LU .. Jr ON I d i CHAPTER 4 GOALS, OBJECTIVES, TRANSPORTATION POLICIES, AND ACTIONS Table 4 -1 (continued) Concurrency Table Concurrency Zone Roadway ID No. and Name 5B — Keohokalole Highway (Keohokalole Arterial to Hina Lani Street) G (portion within development project) 5C — Keohokalole Highway (Hina Lani Street to Kealakehe Parkway) 5D- Keohokalole Highway (Kealakehe Parkway to Palani Street) Keahuolu Village 5D- Keohokalole Highway (Kealakehe Parkway to Palani Street) _ 18 — Makala Blvd. Extension (any development makai of 5D) H 9B — Kealaka`a Street (Hina Lani Street to Kealakehe Parkway) 9C — Kealaka`a Street (Kealakehe Parkway to Hao Kuni Street) I 4B— Kuakini Extension Collector (Kealakehe Parkway to OId Airport) Makaeo Village 4B— Kuakini Extension Collector (Kealakehe Parkway to OId Airport) Kailua Village None (infill) Redevelopment Pua`a- Wa`iaha Village 19C — Kakalina Street Extension (Nani Kailua Drive to Puapua'anui Street) — Kahului- Puapua'a Village 29 — Puapua'anui Street Extension J 5D- Keohokalole Highway (Kealakehe Parkway to Palani Street) 19A- Kakalina Street Extension (to Puapua'anui Street)) 198- Kakalina Street Extension(E. Kakalina Street to 19A) (any development K south of Malulani Drive) 20 — Hienaloli Street Extension (Palani Street to Keolani Drive) 21- Connector 4 (Hienaloli Street Ext. to Kakalina St. Ext.) L 30A — Kahului - Keauhou Parkway (Lako Street to Kuakini Highway) 31— Lako Street Extension 30B — Kahului - Keauhou Parkway (Lako Street to Kamehameha III Road) M 31— Lako Street Extension 32 — La'aloa Street Extension ' 30B — Kahului - Keauhou Parkway (Lako Street to Kamehameha III Road) Kahalu`u Makai Village 33 — Connector 9 34 — Connector 10 4-24 KONA CDP CHAPTER 4 GOAL .S OBJECTIVES, TRANSPORTATION POLICIES, AND ACTIONS 1 International Airport to Henry Street, and 2. Completion of the Mamalahoa Bypass Road to the Napo`opo`o junction. Any rezoning outside of a designated TOD within the Kona UA approved prior to completion of the Queen Ka`ahumanu Highway widening to the Airport shall restrict occupancy until this widening project is completed. Any rezoning in South Kona approved prior to the completion of the Mamalahoa Bypass Road shall restrict occupancy until this bypass project is completed. _ This policy does not apply to projects exempt under concurrency provisions in HCC Section 25 -2 -46 (e.g. affordable housing). The Concurrency Map shall distinguish the current planning status of the corridor alignment. Table 4 -1 shows the roadway corridors that shall be built concurrently within the concurrency zone and/or TOD Village. Other roadway corridors shown on the Concurrency Map, but not listed in Table 4 -1 are part of the proposed roadway network, but are not critical to concurrency determinations. Action TRAN -6.1a: Adopts Concurrency Map (Enacted by plan). ,_ J Policy TRAN -6.2: Prioritized Road Improvements. In order to rectify existing deficiencies - and influence the pattern of future growth and new roads, the following are priorities: • Kahului - Keauhou Parkway • Mamalahoa Bypass • Keanalehu Street- Manuwale.`a•Street • Keohokalole Highway (Mid -Level Road), Phase I Palani to Kealakehe Parkway • Kamanu Street Extension 7 • La'aloa Street Extension • Lako Street Extension • Keohokalole Highway (Mid -Level Road), Phase II, Kealakehe Parkway to Hina Lani I Street • Nani Kailua Street Extension = a. Makai section (Kuakini Highway to Ali'i Drive) j b. Mauka section (Hualalai Road to Kuakini Highway) • Kealaka`a Street.Extension ▪ Keohokalole Highway (Mid -Level Road), Phase III, Hina Lani Street to Ka`iminani Drive • Hienaloli Street Extension • University Drive . Action T 6.2a: Develop financing plan for streets according to the priorities listed in , 1 Policy TRAN -6.2 (PD, DPW, Fin., 1-2). 4-22 KONA CDP al 1 0 „ : \ ” Y 4 i.Q11111fiv i ii - - r i al II & t ' . . h a . ; l , i s 1 f - ra `i Is He aYI 11 I Al 14 1, ,:'...I / 1 § F\ -- 1 diti. 1 na sl_ I t 1 3 ' i 1 i 1 , 1 , , , ,„ ., \ 1 ! 1 i 'r 1 , \ " s [ t 111_...A a 1 I1 h J d ll a 1 l. Oa Ma a l = i I: ` 1 ti f‘01 6T 3 03 a 5'�fR 14 .1.• a 2 O X m • Id y p J w °- Y= 1 ,E Ai �a a Z °— c n i f 1 D L 6a 11J , 1 A ° C 1 fY i N O 4. Q < , 1 a v I N N t { ; i I \ I CD O I r 1 1 � I N i c JP 9 i I ■ 't \ 1 ! 4 . s \ \ \ :1 1's i ! !1 1E I : > 1 SEVERAL CONSEQUENCES OF THIS POLICY • Results in de facto MORATORIUM ON REZONING for not only this but almost all area within the Kona Urban Areas, for no single landowner can develop the called upon road improvements o these improvements cross many properties, which are out of the control of a single landowner o completion of the required road improvements are regional and not local in nature and cost prohibitive for any single development • Creates more INCENTIVE FOR LANDOWNERS TO DEVELOP OUTSIDE OF KONA URBAN AREA (mostly in Agricultural /Rural areas) to escape major road improvement requirement • Does not foster INCENTIVE FOR LANDOWNERS TO PARTICIPATE in helping make the improvements, for the option outlined in the CDP is ALL or NOTHING. This would result in the landowner a) not doing anything; or b) developing the property under existing zoning, which, in turn, does nothing toward helping address the identified infrastructure shortfall. KONA 327 LLC'S EFFORTS TO DATE KEALAKAA STREET EXTENSION o Over 3 years, WORKED WITH ADJOINING PROPERTY OWNERS (Greenwell- Lanihau and Stanford Carr Development) and COUNTY to establish Kealakaa Street corridor between Palani Road and Hina Lani Street o Expended $750K to date o Archaeological Survey of site plus SCD's site o Burial Council approval within applicant's property o Completed topo, flora /fauna studies of applicant's property o Completed topo and archaeological survey of SCD's site o Reviewing Kealakaa Street right of way agreement provided by the County. KEALAKEHE PARKWAY EXTENSION o Over past 3 years, WORKED WITH STATE AND COUNTY TO ■ Establish corridor for Kealakehe Parkway within applicant's property ■ Pushed for meeting of minds between State and County regarding the intersection of Kealakaa Street and Kealakehe Parkway. KONA 327 LLC'S PLANS • Would like to continue working on having these corridors fixed and completed • Need funds to pay for past and future efforts — hence the current application, as most of the infrastructure are in • Alternative is to subdivide into 5 acre or larger lots that would make it less feasible for these improvements to be planned and completed and walk away from project WHERE DO WE GO FROM HERE? • Infrastructure cannot be completed by government alone — there has to be PRIVATE SECTOR participation. Problem is even greater today, given fiscal shortfall. • The approach or premise of the Kona CDP is NO DEVELOPMENT until infrastructure is completed without any consideration for how projects— be they small or large — can collectively or individually help address these infrastructure shortfall. • The CDP not only has a "sledge hammer" way to approach infrastructure shortfall, but places the entire burden on the Private Sector, relegating the government to the role of an accountant — i.e., merely checking off to see whether improvements are in or not before a project can pass go. • REQUEST: If the Commission is inclined to recommend denial of this application to the County Council, we also ask that you include a statement or two asking the Council to re -visit the Kona CDP and, among the other consequences noted earlier, to seek ways to allow consideration for projects like this which represent an opportunity to help address much needed infrastructure. B327KonaREZ(REV ). doc- 5/10/11 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT 327 KONA, LLC CHANGE OF ZONE APPLICATION (REZ 11 -135) 327 KONA, LLC has submitted an application for a Change of Zone from Agricultural 5 -acres (A -5a) and Agricultural 1 acre (1 -a) to Family Agricultural 1 acre (FA -1a) for approximately 12.17 acres of land. The property is located adjacent to and north of Kona View Estates and south of Halolani Street of Hawai`i Belt Road, Kona View Estates, Honokohau 1 North Kona, Hawai`i, TMK: 7 -4- 026:033. PROPOSED ACTION 1. Request: A Change of Zone from A- 5a/A -la to FA -la for approximately 12.17 acres of land to subdivide the property into 10 lots approximately 1 acre in size. (Exhibit 1 - Change of Zone application) 2. Project Schedule: The applicant intends to secure the balance of the required final subdivision approval and permits and commence with the appropriate improvements by the end of 2013. 3. Cost: Approximately $100,000.00. 4. Landowner: 327 Kona, LLC. STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural. 6. GP LUPAG Map: Urban Expansion Area. 7. County Zoning: A - 5a/A - 8. Community Development Plan: The Kona Community Development Plan (KCDP) adopted by Ordinance No. 08 131 effective September 25, 2008 identifies the property as "Kona Urban Area" and is not located within a Transit - Oriented Development (TOD) or a Traditional Neighborhood Development (TND). The project site is located within Concurrency Zone H, which includes concurrency for proposed roads 9B - Kealaka'a Street (Hina Lani Street and Kealakehe Parkway) and 9C — Kealaka'a Street (Kealakehe Parkway to Hao Kuni Street). 9. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. 10. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Project Site: The property is an approximately 12.17 -acre vacant parcel located north of the Kona View Subdivision, south of Hina Lani Street and makai of Mamalahoa Highway. 12. Surrounding Zoning/Land Uses: Surrounding properties are zoned A -la to the north; A -20a to the east (mauka of Hawai`i Belt Road), A -la to the south (Kona View Estates Subdivision); A -5a makai or west of the site is (TMK: 7 -4- 008 - :047). Nearby properties are vacant or in residential uses. 13. ALISH: Unclassified. 14. Land Study Bureau's Detailed Land Classification System: "C" or "Fair ". 15. U.S. Soil Survey: rPYD, or Punaluu extremely rocky peat, 6 to 20 percent slopes. Runoff is slow, and the erosion hazard is slight. 16. FEMA: The subject parcel is within the Zone X, or areas outside the 500 -year floodplain, according to the Flood Insurance Rate Maps (FM1551660928C) by the Federal Emergency Management Agency. 17. Flora/Fauna: A botanical survey of a larger 347 -acre area including the project site was conducted by Palmer & Associates Consulting in April 2005. No listed, candidate, or proposed endangered plant species (USFWS 2007) were found on the project site, and no botanical resources requiring special protection were deemed to be present. Reconnaissance in November 2010 by Dr. Ron Terry of Geometrican Associates found that the 12.17 -acre project site continued to be densely vegetated and dominated by Guinea grass and silk oak, with a large infestation of the noxious week comb hyotis (Hyptis pectinata). Other elements included Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), noni (Morinda citrifolia), jacaranda (Jacaranda mimosifolia), guava (Psidium guajava) and various common non - native herbs, shrubs and ferns. Almost no native vegetation was present. None of the four lava tube openings -2- exhibited the threatened `ohe makai' tree, which both the Fish and Wildlife and DLNR have expressed interest in protecting due to its dwindling population. 18. Archaeological/Cultural Resources: An Inventory Survey for 50 acres including the project was performed by Haun and Associates between 2005 and 2010 (Appendix 1 in application). Twenty -six archaeological sites were discovered on the property. These sites were evaluated; sixteen sites were determined to have significant information collected, and ten other sites were recommended for data recovery. These sites were evaluated and no further work was recommended. 19. Air Quality: The proposed project is not expected to impact long -term air quality in the area. 20. Scenic/Visual Resources: As the property is located approximately three miles mauka of the shoreline, views to the shoreline should not be impacted. From the shoreline, the project will not be visible. The applicant states that the height of the proposed structures will not exceed 35 feet, the maximum allowed within the single - family residential zone. 21. Public Access: None that traverses the property. 22. Traffic: Pursuant to Section 25 -2 -46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report (TIAR) is required of all major developments that may generate 50 or more peak hour trips, and must be prepared or updated within six months before the submission of a change of zone. The trips generated by this projects site is based on the maximum number of lots permitted by the proposed change of zone; a maximum of 12 one -acre lots, which would be approximately 22 trips per day, therefore, no TIAR is required. PUBLIC UTILITIES AND SERVICES 23. Access: The primary project access will utilize the extension of an existing County street (Halolani Street) within the Kona View Estates Subdivision consisting of a 50 -foot wide right -of -way and 20 -foot wide pavement. 24. Water: The Department of Water Supply (DWS) states that water can be made available from an existing 6 -inch and 16 -inch waterline within Road A and Halolani Street, subject to the dedication of the 1.0 -MG reservoir water tank within Kona View Estates. 25. Wastewater: According the applicant, wastewater will be treated through individual wastewater systems (IWS) for each of the proposed lots. -3- 26. Solid Waste: Solid waste will be disposed of at the Puuanahulu landfill. 27. Essential Utilities and Services: All essential utilities are available to the project site. Kona Community Hospital is located in Kealakekua. Police and fire services are located in Kealakehe and Kailua -Kona. AGENCIES' COMMENTS 28. Department of Public Works: P. D. Exhibit 2 - March 24, 2011 memo 29. Department of Water Supply: P.D. Exhibit 3 - March 3, 2011 memo 30. Fire Department: P.D. Exhibit 4 - February 22, 2011 memo 31. Department of Environmental Management: P. D. Exhibit 5 - February 1, 2011 memo 32. DLNR Land Division: P.D. Exhibit 6 - February 2, 2011 letter 33. Department of Health: P.D. Exhibit 7 - February 17, 2011 memo AGENCIES AND ORGANIZATIONS - NO RESPONSES 34. Office of Housing and Community Development, DLNR Historic Preservation Division, Kona Traffic and Safety Committee AGENCIES — NO CONCERNS 35. Police Department APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 36. P.D. Exhibit 8 - letters dated February 25, 2011, March 3, 2011 and April 12, 2011 PUBLIC COMMENTS 37. None as of this writing. -4- CHANGE OF ZONE APPLICATION !- COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: 327 Kona LLC APPLI SI u-,L _ 1 ,./✓d'Gc:I DATE: `2 2 -- `'0 ° ADDRESS: 9 ort; / lc. tfLi JtJ. I IF 40,1 Loft 6cn '7 N r "2 . ■ie 4054 McKinney Avenue, Suite 310 Dallas, TX 75204 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (214) 520 -0600 (Res.) (Fax) (214) 559-3124 LANDOWNER(S): 327 Ken. LLC Z.7 G. LANDOWNER SIGNATURE(S): Ai r DATE: /• law ay be by letter) 7 .. ^ A.A. c3 0.1 LANDOWNER(S) ADDRESS: S`'S + •/ 4 u, cyw tT1 / 04' OM ()O 1 512.' .5` REQUEST: A- 5a/4_/�,. TO FA -la (Exi ing zoning) (Proposed Zoning) TAX MAP KEY: STREET ADDRESS OF PROPERTY: Halolani Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 12.17 acres AGENT: Sidney Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) (808) 969 -1522 (Res.) (Fax) (808) 969 -7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Thomas Smith, 327 Kona , LLC Planning Dept. Exhibit / ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? All b Into what lot sizes? 1 +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? lmonth d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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? N/A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. P. D. 2 5/84 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? Yes How? The project will increase the overall residential lot inventory in the area. . 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Somewhat If so, did your plan include the following considerations? No a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d, Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and /or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 8 . Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report fro this request. Is the road adequate for the proposed traffic volume or load? Yes 9 . What sort of governmental assistance and /or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X Sewer d. Drainage X -3- Yes No e, Police Protection f, Fire Protection X g, Recreational Facilities X X h, Public Utilities X I _ Other For those checked "yes ", please elaborate what type or kinds of improvements and /or assistance are needed. • 3 2, iGc„..3 ,4- C1.. �. •� Signature: / 4-°14a.1Pi M. .ti, tit- 0 r drad . Address: mar tGr 4` - - r' 441.4.4 Telephone: 2t`f cTZn t (14- Date: Date: ( Z/ Z z- /Z s/ -4- Environmental Report Request for Change of Zone, TMK 7- 4- 026:033 Honokohau, North Kona Prepared for 327 Kona LLC by Geometrician Associates December 2010 A. SUBJECT REQUEST 1. Details of Proposed Use a. Project description; The applicant, 327 Kona LLC, is proposing to have a 12.17 situated in Honokohau 1 North Kona, Hawai`i rezoned from Agriculture (A -5a) t i iily- Agriculture (FA -1). The property is located makai of the Kona View Estates Phase I and State Highway 190 between Hina Lani Street and the Palani Road/Mamalahoa Highway Junction (see Exhibits Al and El). If approved, the applicant intends to subdivide the 12.17 -acre parcel into ten (10) 1+ acre sized lots. The subdivision is intended to be Phase II of the Kona View Estates Subdivision. Access would be provided from Halolani Street and then through a County - approved, paved 50 -foot wide access easement that also services the Kona View Estates Phase I subdivision. As with the lots in Phase I, the lots are intended to be sold at market price, and homes are anticipated to be constructed by the respective property owners. The construction of a second dwelling on each of the proposed lots would be prohibited. The applicant understands that the subdivision plan submitted herein may be adjusted prior to receipt of final subdivision approval to accommodate County subdivision requirements and appropriate conditions of approval. b. Statement of objectives and reason for the request; The applicant wishes to develop the property for a family agricultural subdivision, which is in keeping with similar uses in the general area. c. Number of acres /square feet; The property size is 12.17 acres. d. Proposed units /floor area of proposed building envelope; The property would be subdivided into ten (10) 1+ acre sized lots. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 1 3 L � m N y$ § °O -5o m . v . O 3 E O m m m •— i to s 6$ 6 E C7 m p 'm x 4 x c ° I V] r te -, U] O m 1 — m U' l ; Pr W 1 mE4 c.t x v � U " ez Q 3 C4 ...� �I 3 s a X 7 F .-7 H y E s n ,ts 2 g- z Q t .. a z w z O ' . . o W c - ti W g 3 r- ' m Z 5 1A4 11 904 .4 a °. .°^. .y x m J E m r - -- M ,,-�.. p y ° E ° m 0 a . t° a Q w .71 m o' m m o F Z a i o a a .U7 P. Y a s m __ 1190 - -- /n �_�m .2-1--- � � lA Y 185 " E ¢ Q� i;S , � -R . 0x r� �IIIILII� 1/4i g - - _ ' 11 1 0 C i 215} - -Eo __�� JIIIF± '� '. s:... �� .. . �.�. gr �,: � � ate+ Q - 2- < - --N t 11$5 -� ' dlli� jl c�i �" c^ 11111111 w — _ _ —C E-1'' !1111' / m F' �_ -- a �' ', 1 155 - - --0- S n i -.Q1 I it �rl.:t111 Iwo / 'J� "^ ,�h .. N a '.1 °0 - O 1111.1111 a ° — u11nr. , -� - I 1145 a11 In . III IJIr1 `; =+ � II: ^ m m = O_ �� Millikinisi ii1 II,11.�' o w LL �- �, l:-IF 1 O v , 13 v, 111 a a re �, - _ llll'I ---'-4 w 14u. H 71 . AIII'RIII • _ �III',��fll -- - P1�IC7 Q1�,, i' 111;1!\ H' O N u, E7U1 "H ,'O t-- o 0 y MU, _ :off ; � � ii 1 ili 'Milk' �o .31 s \ �s t -\ / H S -- � ._ z�o.00 1_ z 1105 111 i � I11 ' nuri.l* ` —. -- - - -- O e -- F' d _ o 1 883 �t; -, - -- -�_ ., d • mum, __ a � 111!'p.p l .-. a•-1- tins A7 ^Ill _ IIIIaII s tr ' O A /,III'1'am g.,3Z,, _ � 11111111 1 _ J 1 � a �:` a 106 - - -- —" 1/16-16k.5*-- � �_- s te ` - -- -�� a a _ - — \1� /lI _ - -, 111. 111 r _ i • 4.1 1 i_ 11 I_ = / ,, a ! " s 2 � Id. ; • ter , 2 5 . ; i .4 10Aat *, 1.2 O I o i l — � s .. U ,„ I Q A J I 1 � I i 0 il Location: Tax Map Key: 7-4- 026:033 Figure Cl :I WerRai Wi SWAW 4 %%Ai* � �� f ■ � , � � 4 . K aloko k � � it ,��, S �_ Kaloko J _ NI wliali t ;10 `,'w ,� - ' x ► s`� � M ` Ili. � ,� . Kon a ,� Twil 1 s1� � X1 , r �� ► < <� W:,Heavens y� � 1 111/1111VOl t Palani Ranch iliti6At+ AITHAL - - A l ik liana% 1 Kona � ;�` j � li "1S Estates 40 . L� 1 \Ill llt 4 ,1 W t it arnRanc � if � � �E l1�� ,44 r , �,l elk -ri ra � _ \ � Paniolo-C ; 410/4- , .,„ IN IfS1 " . --- , liati , . e oea _. - \ I h�is -__. . • � r '' ` 16IF & 41i.) Ma Honokohau , Hawaii Island i i i , 1 X /. Subject Parcel 0 500 1,000 1,500 2,000 Feet i Surrounding Parcels N 0 0.1 0.2 0.3 0.4 0.5 Miles e. Timeframe and cost; Inasmuch as most of the basic infrastructure (road, water, and drainage) serving this site has already been constructed, construction cost should not be significant. Additional costs would be largely for creating driveway accesses and installation of individual water meters. Those costs are anticipated to be approximately $100,000. The applicant hopes to submit the subdivision application immediately upon receipt of final rezoning approval. Final subdivision approval is anticipated to be secured within the next 2 years. f. Membership size /number of employees and clientele: n/a g. Parking arrangement: Parking for the each subdivided lot will be confined to the lot. h. Traffic impacts: The traffic generated by the proposed project would not be expected to significantly impact traffic in the vicinity of the project, mainly because of the very small volumes that are generated by 10 single - family residences. The subdivision has adequate access to Hina Lani Street via Halolani Street, and no traffic mitigation would appear to be required. i. Other related information; and j. Proposed on -site and off -site infrastructure: All necessary on -site and off -site infrastructure is already in place. B. CONFORMANCE WITH STATE /COUNTY PLANS 2. State Land Use Designation: The State Land Use District is Agricultural. The proposed change of zone and subsequent subdivision is consistent with this designation. 3. Coastal Zone Management: The site is not adjacent to the ocean. It is more than three (3) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. The change of zone, subdivision, and subsequent development of residences is not likely to adversely impact historic resources. An inventory survey for the entire 50 acres that included Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 4 Kona View Estates Phases I and II noted 26 archaeological sites, six of them wholly or partially with the 12.17 -acre project site. These included permanent habitations with platforms, terraces, and enclosures; temporary habitations utilizing lava tube caves; and agricultural fields. Sixteen sites within the 50 acres were determined to have sufficient information collected, and 10 other sites were recommended for data recovery, including five within the current project site. The data recovery plan was approved, fieldwork and laboratory work accomplished, and a draft data recovery report has been prepared and is under review by the State Historic Preservation Division (SHPD). With completion of the fieldwork, construction within the 12.17 -acre property is permitted, as there are no sites that are significant for preservation. In the unlikely event that archaeological resources or human remains are encountered during future development activities within the current study area, work in the immediate area of the discovery will be halted and SHPD will be contacted. The proposed action will involve the construction of improvements in a non -urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of, at the most, a single- family dwelling on each of the proposed one -acre lots. Further, given the amount of groundcover to be retained (at least 50 %) and the site not being readily visible from the Belt Highway, any visual impacts to views of or from the coastal area should be minimal. Relative to coastal ecosystems, impacts should be negligible, if at all, as the site is located well over three miles from the ocean, with no streams or waterways connecting it to the sea. Notwithstanding the distance, the nature of the project — family agricultural — and the construction of individual septic system for ten lots are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-la, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advocacy Council (MACZAC) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 5 Based on the foregoing, it is concluded that the requested improvements would be consistent with the Coastal Zone Management objectives, policies and guidelines, as outlined in Chapter 205 -A -23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 4. Applicable goals and policies of the General Plan: The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer -term opportunities would be created largely in the form of small -scale truck crops or nursery farms, in spite of the relatively poor soil. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and /or encouragement of solar energy and design features to take advantage of the sun and wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. The proposed septic wastewater systems would be consistent with the requirements of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan will be prepared and implemented. After construction, the project will also not generate substantial noise, except that associated with backyard farming operations. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. As discussed briefly above in the section on Coastal Zone Management, and in more detail below in the section on Historic Sites, the project would not be likely to adversely impact historic resources. No archaeological sites significant for preservation in place are present, and data recovery has been accomplished for all remaining sites in accordance with plans approved by the State Historic Preservation Division. In the unlikely event that archaeological resources or Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 6 human remains are encountered during future development activities within the project site, work in the immediate area of the discovery will be halted and SHPD will be contacted. The project site has been thoroughly inspected for biological resources and no threatened or endangered species are present. As such, the project should not have any significant impacts on biological resources. As the FA -la zoning would allow a residence, the project will indirectly fulfill the objectives of the housing element by creating one more lot. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is more than three miles from the ocean, impacts on coastal resources are unlikely. There will be no interference with shoreline access. The use of approved wastewater systems will minimize impacts to coastal waters. There will be marginal impact to public facilities. The wastewater systems will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site is already fully improved. Schools and other public facilities are also located proximate to the site, most of them being less than three miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • 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 Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 7 • 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. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Urban Expansion and Extensive Agriculture designations of the LUPAG map. It would also be generally compatible with the surrounding area. There are many 1 to 3- acre lots adjacent and mauka of the subject site, most of which are zoned A -la. The soil of the site is classified "C" or fair by the Land Study Bureau. As such, although there is no agricultural use on the property, there is potential for some use, especially for orchard crops. The occupation of one -acre lots may encourage more intensive agricultural activities on the site. This lot size would be conducive to the potential landowner's needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. 5. General Plan designation (LUPAG); and The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Extensive Agriculture and Urban Expansion. Extensive Agriculture refers to "Lands not classified as Important Agricultural Land. Includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition slope, machine tillability, and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category." The other designation, Urban Expansion, "Allows for a mix of high density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Within areas designated for development as resorts, portions of the resort area may be included in the urban expansion area." The proposed family - agricultural subdivision would be consistent with those designations. As such, no General Plan amendment would be required to effectuate this project. 6. Zoning: The County zoning of the subject property is Agriculture (A -5a). Although there are a few A -5a zoned properties in this vicinity, the predominant zoning surrounding this area is Agriculture (A- 1 a). There are a few properties with Residential - Agriculture (RA -.5a) zoning southwest of the subject site, mauka of Palani Road. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 8 If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-la zone would be adhered to. 7. Community Development Plan: Relative to the Kona Community Development Plan (Kona CDP), Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council on September 25, 2008 under Ordinance No. 08 131. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." The Plan also listed eight (8) guiding principles, which are: (1) protect Kona's natural resources and culture; (2) provide connectivity and transportation choices; (3) provide housing choices; (4) provide recreation opportunities (5) direct future growth patterns toward compact villages, preserving Kona's rural, diverse, and historical character; (6) provide infrastructure and essential facilities concurrent with growth; (7) encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies; and (8) promote effective governance. Relative to the Kona Land Use Map of the CDP, the proposed project falls within the "Kona Urban Area" and does not fall within any of the planned Neighborhood, Regional, or Rural Transit - Oriented Development (TOD) areas. Thus, it would be consistent with the CDP. In addition to being consistent with the Land Use Map, the project will: • if appropriate, incorporate and preserve archaeological and cultural features into the project; • facilitate connectivity through the adjoining properties to the south and west; • provide direct and indirect (through the County's Affordable Housing Code) housing opportunities; • provide needed infrastructure to service its project and through the fair share assessment, address regional infrastructural impacts of the project; and • provide much needed employment opportunities, particularly during the construction phase of this project. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 9 8. Special Management Area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. Discussion of the request's relationship to the Coastal Zone Management CZM Program is covered above. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA Physical Characteristics /Environmental Setting: 9. Description of subject property, location, climate, topography, slope, soils (including size, shape, existing structures): The 12.17 -acre property proposed for a change of zone and then subdivision into 10 lots as Kona View Estates Phase II (see Figures Al and E1) is referred to herein as the project site. The term project area is used to describe the general environs of this part of Kona. The project site is located at an elevation of about 1,045 to 1,160 feet above sea level makai of Kona View Estates Phase I and State Highway 190, between Hina Lani Street and Palani Junction (the intersection of Palani Road and Mamalahoa Highway) in Honokohau, North Kona, on the island of Hawai`i. Climate in this part of Kona is mild and semi -arid, with an average annual rainfall of about 40 inches (U.H. Hilo - Geography 1998:57). The average maximum daily temperature is approximately 78 degrees F, with an average minimum of 65 degrees, and annual rainfall averages about 40 -50 inches (U.H. Hilo - Geography 1998:57). The property has a moderate slope ranging from 5 to 15 percent. The surface geology is basalt lava flows from Hualalai (Wolfe and Morris 1996). Soil is discussed in Section 13, below. Much of the project site has been repeatedly cleared for farming or other purposes during several eras, after which it naturally revegetated with native and alien plants. No structures are currently present in the area, although infrastructure necessary for the Kona View Estates subdivision, including roads, water and utility lines, street lighting and drainage facilities, are already present. The subject property is adjacent to Kona View Estates Phase I, which obtained final subdivision approval on September 26, 2006 and now consists of 29 one -acre lots zoned Ag -1. 10. Lava hazard zone: The project site is located in Lava Flow Hazard Zone 4 (on a scale of ascending risk from 9 to 1) (Heliker 1990:23). Zone 4 is based on the fact that Hualalai volcano has steep slopes and has been historically active. As such, there is some risk of lava inundation over relatively short time scales, a risk that is shared with all of Kailua -Kona. 11. Distance from coastline: The nearest shoreline is about three miles west at Honokohau Harbor. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 10 12. Agricultural Lands of Importance to the State of Hawaii ( ALISH) designation: Agricultural Lands of Importance in the State of Hawaii (ALISH) is a system by which the State Department of Agriculture classifies important agricultural lands into three categories: 1) Prime Agricultural Land, (2) Unique Agricultural Land, and (3) Other Important Agricultural Land, based on soil, climate, moisture supply and other factors. The project site is not considered important land valuable land and is thus not classified (Figure E2). 13. U.S.D.A. Natural Resources Conservation Service soil type: Soil is classified as Punaluu extremely rocky peat. This soil is rapidly permeable in the peat layer but very slowly permeable within the pahoehoe. Because of rapid water movement through cracks, it generally has slow runoff and slight erosion hazard. It is in Capability Subclass VIIs, which is often considered unsuitable for cultivation but may have small areas in coffee, macadamia nuts, and other crops (U.S. Soil Conservation Service 1973). 14. Land Study Bureau Soil Rating: The property is rated as C land on a scale of A to E within the University of Hawaii's Land Study Bureau Rating, in which soils are grouped in land types based on productivity ratings (Figure E3). 15. Flood Insurance Rate Map (FIRM) designation: The property is within the Zone X, or areas outside the 500 -year floodplain, according to the Flood Insurance Rate Maps (FM1551660928C) by the Federal Emergency Management Agency. 16. Existing drainage ways or improvements: The property has already been prepared with drainage infrastructure including drainage ditches and drywells that has already been approved by the County of Hawai`i. 17. Air /noise /water quality: Air pollution in West Hawai` i is mainly derived from volcanic emissions of sulfur dioxide, which convert into particulate sulfate and produce a volcanic haze (vog) that persistently blankets North and South Kona. Ambient noise at the site is currently low, as the property is surrounded by low density residential or agricultural uses with no significant noise generators. The land use in the area proposed for a change of zone would likely be identical or very similar in character to adjacent land uses, i.e., small residential agricultural lots. This context would tend to avoid noticeable noise impacts to existing uses or proposed uses. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 11 I ALISH: Tax Ma Ke : 7- - p y 4 026:033 Figure C2 Sr _ ��►� �, �� Kaloko �� 4 _► � ,v 1 t� �, fir'` .Tit �� z�` . �� _�� i�3+#�I �� Kaloko ��'� 1��io 4 �� Mauka� Kona�►� , � �--� �. � avens , �� rit� �► Etta ' Palani Ranch J Kona �, View ` \ ,,. sa Estates '!�� i� �s t i Ranch l T �'�1� i � I , j � Hon ' �. ' � . ,�r..� okohau 4 1 1 Paniolo - Count N a/. It - o. .,. Q ■ � ��','� �� ads . i,�� t ,r,�r,..� + � � Ste , . �� , Honokohau , Hawaii Island r�� Subject Parcel Agricultural Lands of Importance � , , , , to State of Hawaii (ALISH) 0 500 1, 000 1, 500 2, 000 Feet N � 1 Unclassified Unique Lands 0 0.9 a2 0. 0.4 Miles Prime Lands ` Other Lands NOTE: U_S.G.S. base map 's shading has been simp lifted so that primary data (ALIS can be viewed more dearly. NOTE: "Prime Lands" do not appear in this view. Land Study Bureau: Tax Map Key: 7-4-026:033 Figure C3 lahk:r 'VjllVtFVPWPLIAAW:Laii-SsMsz:-1 :{4S1,1 Atkik\---NlvifiSW,P* rLieNMF 7 NIr y* I: I - - '''''''''''-' :. ttillot,',1 -,- kp•kmp•--- ‘ ill ti. kl, 't - 11*---._, lel .. ,k littv -- Avivil NITAt ,TsirSt: it - 7.11kNilei.'"Vglitlii4N,Ati. pi A,-+ Konalrilit 6 41tyjAyNo;i4m4 u I lhai,N4> 'c---- • 1.X.tv■ ._,,,,__ ,4 , w ir• \ A.Heave i 1., iriekoslarscodo Si. atilligmkil t wiRall, \A griliatt- i pp„------ - -- lingr■ - 11 %TM WAWA calsiamimmilimi i Palani Ranch \ k i 4,441 III astipet. i_,, . w - r, y tvam Pi A ,..-wl i.i. slitook T. 1 r itall . II a i \ / idi tr. rat r il • , 1 Kona 1 t_ igiollr litb,, l Esiates ot t \:_,.. •1 , IA _A Palani Ranch 1 6 ' • ' . ?)"5 ymiwA 61 7.*\ V •lle ' Hcin 4n ... „„ i mi __ ...." 4,..................„ ur\vir itt. e i - \. v .."0.1•1 , co 4 .4 10 \ ,ic. Paniolo Country v., 1111 ...g---- o l b if 011111L10 „OW W ilill #4° 1 itlielki nmes he 114■11, e--- aia" AO IS ad Asa UV iall _■•■ I •1 Honokohau , Hawaii Island A Highest LSB:Land , Subject Parcel ;.-41A B 1 Productivity 1 --------- r --- r - -----r--- 1 Ratings o 500 1,000 1,500 2,000 Feet N WOW.W; P - : '''''''' Categories "A" and "B" 0 0.1 a2 0• 3 a 4 0.5 Miles Do Not Appear in View. NOTE strt P iUryScl 3taasarsngf':afihalirligI2 been s cCa P A r : ed E Lowest I I No overland receiving waters such as streams, ponds or springs are present in the area. The only receiving water is the Pacific Ocean, which is located about three miles makai. In conformance with federal, State and County laws, construction -phase permits including Grubbing and Grading permits and National Pollutant Discharge Elimination System permits will be obtained. These will include Storm Water Pollution Prevention Plans that contain Best Management Practices (BMPs) specifying which site - specific measures must be undertaken to avoid or minimize erosion, sedimentation and flooding. On a permanent basis, water quality will also be protected through adherence to Chapter 27, which restricts drainage flowing offsite to that level that existed pre - development. Drywells or other structures capture runoff and direct it underground where it undergoes a high level of natural remediation. Historic Resources: 18. Existing archaeological, cultural or historic sites on National Register or Hawaii Register: Archaeological work, including inventory survey, data recovery plans, and data recovery, was performed by Haun and Associates between 2005 and 2010. The purpose of the archaeological inventory survey was to document the presence of any historic or traditional cultural properties that might exist within the project area, assess their significance, determine if any impacts would occur, and formulate mitigation, if appropriate. The study used historic maps and documents, archaeological summaries of the area, and field investigation. Appendix 1 contains the inventory survey, data recovery plan, and data recovery report, along with important State Historic Preservation Division (SHPD) correspondence relative to these studies, for an originally 50 -acre property that includes all of the 12.17 acres that currently make up TMK 7 -4- 026:33. Results are summarized in this section. Historical research indicated that the project site was likely to have supported traditional Hawaiian agriculture, resource use and permanent and temporary settlement for many centuries prior to 1778. The apa `a zone in which the project site is found supported dryland cultivation of taro, sugar cane, sweet potato, and ti. Permanent habitations were present but infrequent, and dwellings observed by early historic chroniclers were for temporary use in conjunction with agriculture, bird hunting, and collecting of plant resources. These uses would have changed after 1778, at first gradually, and then rapidly, as depopulation and population shifts, new economic and resource values, and foreigners influenced land use. Japanese coffee farmers reportedly used the project site in the early 1900s, cotton was reportedly cultivated, and the area was also used for grazing. The inventory survey for the entire 50 acres noted 651 component features comprising 26 archaeological sites (6 of them wholly or partially with the current project site), including permanent habitations with platforms, terraces, and enclosures; temporary habitations utilizing lava tube caves; and agricultural fields, including kuaiwi (broad walls parallel to the slope, a hallmark of the Kona Field System), retaining walls and terraces, and clearing features. Prehistoric artifacts included marine shell midden, charcoal, volcanic glass flakes and rock rings used to support water collecting gourds below seeps in lava tubes. Historic artifacts included a clay pipe stem, glass shards, wooden remains, and ceramic fragments. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 14 Sites recorded during the inventory survey were assessed for their significance based on criteria established by the SHPD and contained in the Hawai`i Administrative Rules 13§13-284-6. All sites were considered to be significant in that they have yielded, or were likely to yield, information important for research on prehistory or history. Sixteen sites were determined to have sufficient information collected, and ten other sites were recommended for data recovery. The significance evaluation and treatment recommendations were concurred with by the SHPD in a letter of August 30, 2005 (see end of inventory survey in Appendix 1 for letter). The next step in the archaeological process involved preparation of the data recovery plan. The plan involved research at ten sites (five of them within the current project site) including five habitation lava tube caves, two habitation complexes, a habitation enclosure, a habitation platform, and an agricultural complex. The research objectives were to establish the age of the sites and to determine their functions and the type and varieties of activities conducted there. This plan was approved by the SHPD in a letter of November 3, 2005 (see letter at end of data recovery plan in Appendix 1). Subsequent to approval of the data recovery report, fieldwork, laboratory analysis and write -up constituting data recovery were accomplished. A draft data recovery report has been prepared and is under review by SHPD (draft report at end of Appendix 1). With completion of the fieldwork, construction within the 12.17 -acre property is permitted, as there are no sites that are significant for preservation. It is expected that SHPD will approve the data recovery report in late 2010 . or early 2011. During data recovery, a burial was discovered within an enclosure in a part of the 50 acres not included within the current 12.17 -acre project site. The SHPD, the Police Department and the County Coroner were immediately contacted, per regulations, and the burial was protected from any harm. The planned street pattern of the subdivision was altered to provide a protected easement and restrictive covenant that was incorporated into the deed of the property and recorded with the bureau of conveyances. During construction, orange fencing was erected around the site and construction supervisors were explicitly notified about the nature and location of the site and the meaning of the delineated buffer zone. The burial has been fully protected. Aside from the burial site that was identified during data recovery and protected and preserved in an easement (as discussed above), no significant cultural or archaeological sites are known to exist or have the potential to be affected. In the unlikely event that archaeological resources or human remains are encountered during future development activities within the project site, work in the immediate area of the discovery will be halted and DLNR -SHPD will be contacted as outlined in Hawai`i Administrative Rules 13 §13- 275 -12. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 15 Natural Resources: 19. Existing floral/faunal resources (any native or exotic plants, any listed or candidate threatened or endangered species): Given the rainfall, geologic substrate, and existing vegetation, the general area probably supported a Lowland Dry -Mesic Forest (Gagne and Cuddihy 1990) prior to human disturbance, with lama (Diospyros sandwicensis) and alahe `e (Psydrax odoratum) as co- dominants. These original communities, however, have been destroyed or heavily degraded by cattle grazing, agriculture and clearing for farms and residences, and the vegetation of the project area is now either managed vegetation (i.e., farms, pasture or landscaped grounds) or adventive "communities" of various alien weeds. A few remnant patches of native forest, degraded to various degrees by invasive species, are present in the general project area. Historical information referenced in archaeological inventory surveys for the project site as well as the presence of terraces and kuaiwi walls indicates that the project site supported traditional Hawaiian agriculture before 1850 and other farming, including coffee, later. A botanical survey of a larger 347 -acre area including the project site was conducted by Palmer & Associates Consulting in April 2005. The survey is attached as Appendix 2 and is summarized here. The upper area that became the Kona View Estates subdivision (both Phases I and II)( was found to be dominated by Guinea grass (Panicum maximum), silk oak (Grevillea robusta), strawberry guava (Psidium cattleianum), and various natives, including lama ( Diospyros sandwichensis), alahe `e (Psydrax odoratum), 'ulei (Osteomeles anthyllidifolia), and mamane (Sophora chrysophylla). There were a few individuals of the relatively rare species maiapilo (Capparis sandwichiana) and one `ohe makai (Reynoldsia sandwichensis) found near a lava tube opening whose location in unclear. Palmer also observed the rare species Bidens micrantha subsp. ctenophylla on the lower part of the 347 -acre area but not on or near the current 12.17 - acre project site. No listed, candidate or proposed endangered plant species (USFWS 2007) were found on the project site, and no botanical resources requiring special protection were deemed to be present. Reconnaissance in November 2010 by Dr. Ron Terry found that the 12.17 -acre project site continued to be densely vegetated and dominated by Guinea grass and silk oak, with a large infestation of the noxious weed comb hyptis ( Hyptis pectinata). Other elements included Christmas berry (Schinus terebinthifolius), kukui (Aleurites moluccana), noni (Morinda citrifolia), jacaranda (Jacaranda mimosifolia), guava (Psidium guajava), and various common non - native herbs, shrubs and ferns. Almost no native vegetation was present. None of the four lava tube openings examined exhibited `ohe makai. Although native plants are present, as they are in most locations in Kona, the lack of intact native ecosystems and threatened or endangered plant species means that no substantial adverse impacts to botanical resources will occur from clearing or occupation of the subdivision. A faunal survey of a larger 347 -acre area including the project site was conducted by Rana Productions in October 2004. This survey is included in full as Appendix 3 and is summarized here. The large majority of bird species and individual birds detected were alien species, with Japanese White Eyes (Zosterops japonicas), House Finches (Carpodacus mexicanus frontalis), Zebra Doves (Geopelia striata), Spotted Doves (Streptopelia chinensis), and Common Mynas Environmental Report, Change of Zone Request for 'MK 7-4-026:033 Page 16 (Acridotheres tristis) being the most common. One Hawaiian Hawk (Buteo solitarius) was seen outside of the survey period near the project site. Although not detected during this survey, it is possible that small numbers of the endangered endemic Hawaiian Petrel (Pterodroma sandwichensis), or ua `u, and the threatened Newell's Shearwater (Puffinus auricularis newelli), or `a `o, overfly the project area between the months of May and November. Both species were formerly common on the island of Hawaii. The Hawaiian Petrel is a pelagic seabird that reportedly nested in large numbers on the slopes of Mauna Loa and in the saddle between Mauna Loa and Mauna Kea, as well as at the mid- to high elevations of Hualalai. Within recent historic times it has been reduced to relict breeding colonies located at high elevations on Mauna Loa and, possibly Hualalai. Newell's Shearwaters breed on Kauai, Hawaii and Molokai in extremely small numbers. Newell's Shearwater populations have dropped precipitously since the 1880s. This pelagic species nests high in the mountains in burrows excavated under thick vegetation, especially uluhe fern. There is no suitable nesting habitat within the project area for these birds. Biologists believe that the leading cause of death for both these species in Hawaii is predation by alien mammals at the nesting colonies, followed by collision with man -made structures. Exterior lighting disorients these night -flying seabirds, especially fledglings, as they make their way from land to sea during the summer and fall. When disoriented, seabirds often collide with manmade structures and, if not killed outright, the dazed or injured birds are easy targets for feral mammals. A number of mammals are present on the property, with all but one being alien and deleterious to native ecosystems. The endemic Hawaiian hoary bat (Lasiurus cinereus semotus), often seen in the project area and in many other parts of the island of Hawaii, was not detected during the survey but may use resources within the project site. The recommendations of the zoologist for mitigating for impacts to native fauna, which were followed during the development of the original subdivision are recommended for implementation during the major infrastructure building phase of any future development on the property: • Major land - clearing and tree removal should occur outside the nesting season for Hawaiian Hawks, i.e., only during the period between August 2 to April 14 of each year. If this phase of construction must be scheduled during the Hawaiian Hawk nesting season, it should be preceded by a hawk survey conducted by a qualified ornithologist. In the event that an active Hawaiian Hawk nest is encountered during clearing and grubbing, the contractor should halt any construction activity within 100 meters of the nest tree and consult with the U.S Fish and Wildlife Service. • In order to reduce effects to Hawaiian hoary bats, any future major infrastructure development should refrain from activities that trim or remove trees larger than 15 feet in height during the critical pupping months for the Hawaiian hoary bat, from May 15 to August 15 of each year, when bats are caring for their young and most vulnerable to disturbance. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 17 • In order to reduce the threat for downing endangered Hawaiian Petrels and threatened Newell's Shearwaters after they become disoriented by external lighting, all such lighting should be shielded, in conformance with the Hawai`i County Outdoor Lighting Ordinance (Hawaii County Code Chapter 9, Article 14), which requires shielding of exterior lights so as to lower the ambient glare. , 20. Scenic or coastal resources: The Hawaii County General Plan denotes no sites of particular natural beauty within the project site or in the surrounding area, and no other scenic resources or viewplanes appear to be present. The site is located approximately three miles from the coast. Directly mauka of the site is Kona View Estates Phase I (with Mamalahoa Highway about 0.2 miles away), and directly makai is vacant land that is periodically grazed. Development of structures in conformance with this zoning district's height limitations and in conformance with the Kona View Estates design guidelines of 35 feet is unlikely to create any scenic impacts or interfere with views from sensitive viewpoints mauka or makai. Valued Cultural Resources: 21. Traditional and customary native Hawaiian rights that are exercised in the area; the extent to which the proposed development will affect these rights; and feasible action to be taken to protect native Hawaiian rights, if they exist: Archival documents and historical literature conducted for the lands of Honokohau by Kepa Maly (2000) was the primary source of cultural information for the 2008 Environmental Assessment for the Kona View Estates Phase I subdivision, which adjoins, partially surrounds, and is directly relevant to the Kona View Estates Phase II change of zone application. The Maly study used both archival- historical research and oral history interviews with descendants of the native Hawaiian families and others who were known to be familiar with the natural and cultural landscape and history of land use in Honokohau and the Kekaha region. All of the interview participants had lived upon or worked the lands of Honokohau and provide documentation gained from personal experiences dating back to the 1890s. Several of the interview participants were descended from families who lived at Honokohau since at least the 1840s. Kona was apparently first settled along the sheltered and watered bays in the region extending south from Kailua. As population increased, people began establishing permanent settlements in arid Kekaha. Kona, like other large districts on Hawaii, was divided into okana or kalana (ancient regions). In the region now known as Kona `akau (North Kona), there are several kalana. The southern portion of North Kona was known as "Kona kai `opua" (interpretively translated by Maly as "Kona of the distant horizon clouds above the ocean"), and included the area extending from Lanihau (the present -day vicinity of Kailua Town) to Pu'uohau. The northernmost portion of North Kona was called "Kekaha ", a term used to describe an arid coastal region. Native residents of the region affectionately referred to their home as Kekaha- wai -`ole o na Kona ( "Waterless Kekaha of the Kona district "), or simply as the aina kaha. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 18 Only a few early (pre- nineteenth century) historical accounts specifically name Honokohau, as most of the accounts describe the area in the context of the larger Kekaha region. One of the earliest datable accounts that describes the importance of the Kekaha region comes from the mid - sixteenth century, following `Umi- a- Liloa's unification of the island of Hawai` i under his rule. Writing in the 1860s, native historian Samuel Kamakau (1961) recounted the reign of `Umi and his visits to Kekaha: "Umi- a -Liloa did two things with his own hands, farming and fishing...and fanning was done on all the lands. Much of this was done in Kona. He was noted for his skill in fishing and was called Pu`ipui a ka lawai'a (a stalwart fisherman). Aku fishing was his favorite occupation, and it often took him to the beaches (Ke -kaha) from Kalahuipua'a to Makaula" Working fishponds in the Honokohau - Kaloko vicinity date back to at least the early seventeenth century. In Kamakau's (Ibid.) description of events that occurred in the life time of Lono -i -ka- Makahiki, `Umi's grandson, the ponds are mentioned as well. "Soon the fishing canoes from Kawaihae, the Kaha lands, and 'O'oma drew close to the ship to trade for the pa`i`ai (hard poi) carried on board, and shortly a great quantity of aku lay silvery -hued on the deck. The fishes were cut into pieces and mashed; and all those aboard fell to and ate, the women by themselves." Historian John Papa I`i also stated that Honokohau had one of the famous surf breaks of the region (I`i 1959). In 1819, following the death of Kamehameha I, Liholiho (Kamehameha II) retreated to Kawaihae. Following the period of mourning and purification, he returned to Kailua. Kamakau (1961) reported that he stopped at Honokohau and dedicated a heiau to his god and prepared for his return. It was soon after this that Liholiho declared ai noa (free eating), a breaking of the kapu (restrictions) of the gods that quickly led to the demise of the ancient religious system. While historical references are few, some vivid pictures of life in this arid region were written. In 1840 -41, Charles Wilkes of the U.S. Exploring Expedition wrote: "A considerable trade is kept up between the south and north end of this district. The inhabitants of the barren portion of the latter are principally occupied in fishing and the manufacture of salt, which articles are bartered with those who live in the more fertile regions of the south, for food and clothing." (Wilkes 1845) In 1924, J.W.H.I. Kihe wrote a series of accounts in the Hawaiian language newspaper Ka Hoku o Hawai `i. One discussed the depopulation of Kekaha: "The lands of Honokohau were filled with people in those days, there were many women and children with whom I traveled with joy in the days of my youth. Those families are all gone, and the land is quiet. There are no people, only the rocks remain, and a few scattered trees growing, and only occasionally does one meet with a man today [1924]. One man and his children are all that remain." Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 19 According to cultural historian Kepa Maly, despite the lack of water the lands of Honokohau were among the favored lands of Kona. Honokohau, which extended from the sea to the forests of Hualalai (including the project site), was carefully managed for resources. There were both open ocean and nearshore fisheries (ko `a) as well as intricate loko i `a (fishponds and fish traps). Springs were vital and protected resources. A wide range of environmental zones (wao), extending from near shore to upland forests, provided the natural resources and materials necessary for the development of a sophisticated agricultural system. These resources allowed native residents of the lands to meet their immediate community needs as well as contribute to the overall support of the larger Hawaiian social, economic, religious and political system of Kona. The project site itself is situated within the `apa `a zone of the Kona Field System, a mid - elevation zone used for dryland cultivation of taro, sugar cane, sweet potato, and ti. Valued natural, cultural and historical resources are still present in various parts of Honokohau. Koa fishing grounds and the natural landmarks such as pu `u (hills) that guide fishermen to them are examples. Springs, ponds, and other coastal water features have not only biological but also cultural significance. Burial sites for `iwi kupuna, including burial caves, are important resources to protect. On a wider level, the entire range of wao, from the kahakai (shoreline) to the wao akua (cloud forests), that make up the ahupua `a have a level of cultural importance. As part of the 2008 EA, the Office of Hawaiian Affairs (Honolulu and West Hawai`i) and the Kona Hawaiian Civic Club were contacted to find out if they had any knowledge of cultural resources that may be present or practices that may be ongoing on the property. No specific resources or practices were identified, which was expected given the developed context and the mid - elevation location of the property within the ahupua `a of Honokohau. Aside from the burial site in the Phase I area that was identified during data recovery and protected and preserved in an easement as part of a burial treatment plan (as discussed above in Section 18), no cultural sites are known to exist. There do not appear to be any valued cultural, natural or historical resources on the 12.17 -acre project site that require protection. The context of the project site, which essentially enclosed by other subdivisions, partially graded, divided by roads and utilities, and heavily infested by weeds, would appear to preclude substantial value for cultural practices. Public access: 22. Existing public access to and along the shoreline or to mountain areas and knowledge of public access being used: This property is not located near and does not provide access to the shoreline, mountains, or any other area. No public or private trails are located on or near the property. Socio- economic characteristics: 23. Social settlement pattern for the area The change of zone and subsequent subdivision would most directly involve the mauka communities centered along Palani Road and State Highway 190 in North Kona, and in a wider sense, the entire North Kona District. This area is a mixture of residential, residential - agricultural Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 20 (similar to that proposed for Kona View Estates Phase II), and agricultural land uses. Table 1 provides information on the socioeconomic characteristics of North Kona along with those of Hawai`i County as a whole for comparison, from the 2000 U.S. Census of Population. Table 1. Selected Socioeconomic Characteristics Characteristic Hawaii North Characteristic Hawaii North County Kona County Kona Total Population 148,677 28,543 21 to 65 Years, Disabled ( %) 19.2 17.4 Median Age 38.6 39.4 Employed and Disabled, 21 to 65 51.8 64.1 Years, ( %) Older Than 65 Years ( %) 13.5 11.8 65 Years of Older, Disabled ( %) 40.3 38.1 Race ( %) Employment in: White 31.5 47.1 Management 30.2 26.6 Asian 26.7 16.3 Service 22.2 24.3 Hawaiian 9.7 8.9 Sales 25.1 27.8 Other Pacific Islander 1.5 1.8 Office 3.8 2.2 Two or More Races 28.4 23.5 Farming, Fishing and Forestry 9.9 10.4 Hispanic (Any Race) 9.5 7.9 Production, Transportation 8.9 8.8 Family Households ( %) 69.6 68.6 Families Below Poverty Line ( %) 11.0 5.6 Households with Female 7.7 6.7 Households with Female 28.1 17.5 Householder, no Husband, Householder, no Husband, With With Children ( %) Children, Below Poverty Line ( %) Householder Lives Alone ( %) 23.1 20.1 Individuals Below Poverty Line 15.7 9.7 ( %) Average Household Size 2.75 2.70 Over 65 Below Poverty Line 7.2 5.3 Average Family Size 3.24 3.13 Median Household Income ($) 39,805 47,610 Over 25 Years Old With High 84.6 87.7 Housing Owner - Occupied ( %) 64.5 58.5 School Diploma ( %) Married Now ( %) 52.0 53.9 Housing Rented ( %) 34.5 41.5 Widowed ( %) 6.3 4.9 Housing Vacant ( %) 15.5 19.7 Divorced Now ( %) 10.7 11.4 Median Home Value, 1999 ($) 153,700 233,90 0 Veterans ( %) 14.5 14.8 Median Rent, 1999 ($) 645 745 Over 16 in Labor Market ( %) 61.7 69.2 Rent is Greater Than 25% of 46.0 47.2 Income ( %) Residence 5 Years Ago ( %) Poverty by Race: Same Home 57.7 49.9 White 14.5 8.8 Different Home, Same County 26.5 28.8 Asian 7.3 6.2 Different County in Hawai'i 4.8 3.5 Native Hawaiian/Pacific Islander 26.4 15.8 Different State /Country 11.0 17.8 Two or More Races 20.4 10.3 Source: U.S. Bureau of the Census, May 2001. Profiles of General Demographic Characteristics, 2000 Census of Population and Housing, Hcrwai `i. (U.S. Census Bureau Web Page). Population increase as result of the subdivision's 10 house lots is likely to be minor. Based on the North Kona District's average household size and vacancy rates, the population would likely increase by 22 residents. This is not large enough to cause any significant shifts in demographic characteristics, unemployment rates, demands on public services or infrastructure, or any other socioeconomic measures. Importantly, the population increase is consistent with the predominantly Ag -1 zoning of the project area. Because land use, lot sizes and land values are similar, the characteristics of the new residents would very likely match those of the surrounding areas. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 21 New housing increases the tax base for the County, and new residents often contribute to other government revenues including general excise and income taxes. The number of new lots and residents is unlikely to cause any substantial benefits from increases in such revenues. 24. Economic resources of the area: Although these elevations in Kona are used for low - intensity grazing and some farming, particularly in areas of favorable soil, of coffee, macadamia nuts, and flowers, most land in the area is more valued for single- family housing of various densities, including the area directly above in Kona View Estates Phase I. The action would not have any adverse impact on other economic resources of the area, including farming, as the land in question has extremely limited value for farming. 25. Land values: Phase II of Kona View Estates will not markedly affect land values in the area. Kona View Estates has design guidelines and Conditions, Covenants and Restrictions that promote use of natural light and ventilation as well as indigenous plants in landscaping. Easements on certain lots have designated areas for special landscape treatment that protect them from development in order to preserve the natural or recreated landscape. Owners are also encouraged to create homes that reflect the rural Hawaiian setting by drawing upon indigenous building traditions and materials. At the same time, resource conservation through site and building design and innovative construction techniques is also encouraged. Such measures include solar hot water systems, solar power generating equipment, new building technologies, innovative building materials, thoughtful site planning and creative construction systems used to create more energy- efficient homes. 26. Land use; and [covered above] 27. Zoning: [covered above] D. PUBLIC FACILITIES AND SERVICES 28. Description of access (paved /unpaved; private /County; right -of -way and pavement width: Access to the site is provided from Halolani Street, which is a County road consisting of a 50- foot wide right -of -way and 20+ foot wide pavement. Within the proposed project itself, there is an existing 50 -foot wide road easement built to County dedicable standards. This easement also services Kona View Estates, Phase I. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 22 • 29. Availability of water: Based on discussions with the Depal intent of Water Supply, County water can be made available to all of the proposed lots. There is an existing water line along Halolani Street and also within the 50 -foot wide easement. Meters to each of the proposed lots would be secured from this line. 30. Sewage disposal: Wastewater will be treated through individual wastewater systems (IWS) for each of the proposed lots. 31. Solid waste: Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA -la zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. 32a. Police and fire protection: As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Kailua, less than 3 miles from the site. The Police Station is located at Kealakehe, also approximately 3 miles from the subject site 32b. Schools: Public schools (K -12) are present at Kealakehe, approximately two miles from the subject site. The subdivision would not create the need for additional schools, which are also located reasonably close to the subject site. 33. Parks: Recreational facilities in the Kailua area include an Olympic swimming pool, ballfields and a community center. Numerous State and County beach parks are located with 10 miles of the Palani Junction area. Inside the nearby Villages of La` i` opua, Kaniohale Park is in planning. The park will be developed as a regional active park with ballfields, a recreational center and a community hall. No impact to recreational facilities is expected. 34. Other utilities and services (telephone /electricity): All required utilities are already in place. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 23 • E. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 35. Relationship between local short term uses of the environment and maintenance and enhancement of long term productivity; 36. Mitigative measures proposed to avoid, minimize, rectify or reduce impact; 37. Alternatives to the proposed development; and 38. Irreversible and irretrievable commitments of natural resources that would be involved if proposed action implemented: One alternative to rezoning the area for family agricultural use is to leave the area in open space, which would have value for reducing overall regional density. Because of dense vegetation, the land is not suitable in its current form for recreation but with proper investment could be turned to park land. Although such uses would have value, the General Plan defines specific areas in urban Kona for open space and recreation and designates the project site for Low Density Urban or Urban Expansion, which provide the most rationally located outlet for population growth and help increase the tax base. The other option is to leave the land as is and subdivide it into two lots. That alternative, however, would not fulfill the intent of the GP LUPAG, given the soil classification (poor) and the market for more lots in this area of Kona. No substantial adverse environmental effects are expected from the change of zone and the proposed subsequent development. Valuable agricultural lands and soils are not involved. Very few native and no threatened or endangered species or their habitat are present. No cultural resources valuable for preservation are present. Negligible short-term impacts to noise, traffic, scenic values and dust or sedimentation may occur during construction. Mitigation measures already implemented as part of County - approved grading and grubbing permits, drainage plans, and a National Pollutant Discharge Elimination System permit have successfully prevented long- term drainage, erosion or sedimentation impacts. The traffic generated by the proposed project would not be expected to significantly impact area traffic, mainly because of the very small volumes that are generated by 10 single- family residences. The subdivision has adequate access to Hina Lani Street via Halolani Street, and no traffic mitigation would appear to be required. In terms of the relationship between the short-term use of man's environment and the maintenance and enhancement of long -term productivity, no short-term exploitation of resources that would entail negative long -term consequences has been identified for the rezoning. The construction of the single - family residential units would involve the irreversible and irretrievable commitment of only very minor quantities of natural resources. F. AGENCIES — COMMENTS 39. List of agencies consulted. Comments for responding agencies attached. Hawaii County Department of Water Supply (telephone). Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 24 REFERENCES Gagne, W., and L. Cuddihy. 1990. "Vegetation," pp. 45 -114 in W.L. Wagner, D.R. Herbst, and S.H. Sohmer, eds., Manual of the Flowering Plants of Hawari. 2 vols. Honolulu: University of Hawai`i Press. Hawai`i County Planning Department. 2005. The General Plan, County of Hawai `i. Hilo. Heliker, C. 1990. Volcanic and Seismic Hazards on the Island of Hawai `i. Washington: U.S. GPO. J.P. 1959. Fragments of Hawaiian History. Honolulu: Bishop Museum Press. Kamakau, S.M. 1961. Ruling Chiefs of Hawaii. Honolulu: Kamehameha Schools Press. Kihe, J.W.H.I. 1924. Ka Hoku o Hawai`i. Maly, K. 2000. Na Honokohau: Na Hono I Na Hau `Elua (Honokohau: Bays of the Two Wind -born Dews) 2 Vols. Hilo: Kumu Pono Associates. Pukui, M.K., Elbert, S.H., and E.T. Mookini. 1976. Place Names of Hawaii. University of Hawaii Press, Honolulu U.S. Dept. of Commerce, Economics and Statistics Administration, Bureau of the Census, 2001, http://factfinder.census.gov/. U.S. Soil Conservation Service. 1973. Soil Survey of Island of Hawai `1, State of Hawai`i. Washington: U.S.D.A. Soil Conservation Service. University of Hawai` i at Hilo, Dept. of Geography. 1998. Atlas of Hawai `i. 3rd ed. Honolulu: University of Hawai`i Press. U.S. Fish and Wildlife Service (USFWS). 2010. USFWS Threatened and Endangered Species System (TESS). Washington: GPO. http://ecos.fws.gov/tess_public/StartTESS.do Wilkes, C. Narrative of the United States Exploring Expedition During the Years 1838- 1842, Under the Command of C. Wilkes, U.S.N. Vol. 4. Philadelphia: Lea and Blanchard. Wolfe, E.W., and J. Morris. 1996. Geologic Map of the Island of Hawai `i. USGS Misc. Investigations Series Map i- 2524 -A. Washington, D.C.: U.S. Geological Survey. Environmental Report, Change of Zone Request for TMK 7-4-026:033 Page 25 rt ' DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ' 1: 22 DATE: March 24, 2011 Memorandum TO B.J. Leithead -Todd, Planning Director Planning Department FROM Ben Ishii, Division Chief "-Engineering Division SUBJECT : Change of Zone Application (REZ 11- 000135) Applicant: 327 Kona LLC Location: Honokohau, N. Kona TMK: 3/ 7 -4- 026:033 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on -site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with Chapter 11 -55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. SCANNED Planning Dept. v ft U , Exhibit z - Memorandum to PD- RED .1-000135 • March 24, 2011 • Page 2 of 2 ROADWAYS 1. We concur that the roadways serving the subject property and proposed subdivision have already been constructed to dedicable standards. However, we further recommend a condition requiring the applicant to create a road lot for and to dedicate Halolani Street Extension through the subject property upon request at no cost to the County. In addition, a road slope construction easement shall be provided on proposed Lot 8 to accommodate slope construction for the future extension of Halolani Street. 2. Assuming the roadways will be dedicated to the County, all driveway approaches to them shall conform to Chapter 22, Streets and Sidewalks, of Hawaii County Code and to County Standard Details R -37 and R -38. 3. Any utility poles in the road right -of -way shall be installed as shown on DPW Standard Detail R -35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. Should there be any questions concerning this matter, please feel free to contact Kiran Emier of our Kona Engineering Division office at 327 -3530. KE copy: ENG -HILO /KONA • Hawaii County is an equal Opportunity Provider and Employer , oF. WA7F SG • 9 49 't o , DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`6 HAW 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'1 96720 =y�F TELEPHONE (808) 961 -8050 • FAX (808) 961 -8657 March 3, 2011 TO: Ms. BJ Leithead -Todd, Planning Director Planning Department FROM: Milton D. Pavao, Manager -Chief Engineer ti SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000135) APPLICANT — 327 KONA, LLC REQUEST: A -5A TO FA -1A AND A -1A TAX MAP KEY 7 -4- 026:033 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6 -inch and 16 -inch waterline within Road A and Halolani Street, subject to the dedication of the 1.0 -MG reservoir water tank within Kona View Estates. Pursuant to Rule 5 of the Department's Rules and Regulations, the Department requests that the applicant remit a water commitment deposit of $1,350.00 for the proposed additional lot as soon as possible so that a water commitment may be formally effected. The commitment will be in writing with specific dates and conditions stated. For your information, final subdivision will be subject to the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. installation of a service lateral that will accommodate a 5/8 -inch meter to the additional lot, and b. subject to other agencies' requirements to construct improvements within the road right -of -way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawai` i, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): 1 service (paid)' 9 additional units @ $5,500.00 /unit $49,900.00 Total Facilities Charge $49,000.00 This is due and payable upon completion of the installation of the required water system im rovements and prior to final subdivision approval being granted. NN r7+ Planning Dept. Exhibit 3 arm . . 1 y R .' ' 0 x 3 . . _Water, Our Most Precious Resource ... �a Wai A 7C The Department of Water Supply is an Equal Opportunity provider and employer. Ms.BJ Leithead -Todd, Planning Director Page 2 March 3, 2011 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961 -8070, extension 256. Sinc- ours, (11‘ M on O. Pavao, P.E. 1 . nag: -Chief Engineer RQ:dfg copy — 327 Kona, LLC Sidney Fuke, Planning Consultant William P. Kenos 4,'' Darryl J. Oliveira Mayor I �: J 4 ! Fire Chief . ? 11,,44'6; ., ..: Glen P. I. Honda ............ Nr• Deputy Fire Chief Qouutp of atha HAWAI'I FIRE DEPARTMENT 25 Aupuui Street • Suite 2501 • Hilo, Hawai`i 96720 (808) 932-2900 • Fax (808) 932 -2928 February 22, 2011 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 10- 000135) APPLICANT: 327 KONA LLC REQUEST: A -5a to FA -la and A -la TAX MAP KEY: 7 -4 -26:33 In regards to the above - mentioned Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). SCANNED � • Hamel County is an Equal Opportunity Provider and Employer. Plann : Dept. Exhibit BJ Leithead Todd February 22, 2011 Page 2 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire - fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed nusing e si g maintained i e load n accordance sufficient to carry thapplicable mposed loads of fire apparatus. Code and using designed g "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) BJ Leithead Todd February 22, 2011 Page 3 "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. J1 ' ,' L OLIVEIRA ire Chief RP:lpc _ i \�� 4 +r ..t;�`�!� : } : Frank J. DeMarco, P.E. William P. Kenoi %'• � ' Director Mayor - • •T'' �� M•.'•P = Ivan M. Torigoe William T. Takaba ,r f Of . M� ' � " Deputy Director Managing Director (tr of �. .aiva�`� DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 • Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /dir envmng.htm MEMORANDUM Date : February 1, 2011 To . BJ LEITHEAD TODD, Planning Director • it From: FRANK J. DE MARCO, P.E., Director . vikv �1M�� - Subject: Change of Zone Application (REZ 10- 000135) Applicant: 327 Kona, LLC Request: A -5a to FA -la and A -la TMK: 7 -4 -26:33 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments (X) Commercial operations, State and Federal agencies, religious entities and non - profit organizations may not use transfer stations for disposal. ( x) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( X) Ample and equal room should be provided for rubbish and recycling. ( X) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (X) Construction and demolition waste is prohibited at all County Transfer Stations. ( yt) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: A.E ` "3 4 4 County of Hawai`i is an Equal Opportunity Provider and Employer. PI a n n ng Dept. Exhibit William P. Kenoi +; ��•' „�,,�� + Frank J. DeMarco, P.E. Mayor - -_- ICS_ Director • +T iT ” " ° •�;i� Ivan M. Torigoe William T. Takaba • E ot<'N►� : =' Managing Director Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961 -8083 Fax (808) 961 -8086 http: / /co.Hawai'i.hi.us /directory /dir envmng.htm January 13, 2011 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) promotes and implement recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County solid waste management facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable solid waste management plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); B. Construction and Demolition; C. Paper (including cardboard); D. Metal (including ferrous and non - ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries); and H. Glass. 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re -use, recycling facility or disposal site and associated transportation methods for the various components of the development's waste management system, including the number of vehicle movements and associated routes that will be used to transport the waste and recycled materials. County of Hawai`i is an Equal Opportunity Provider and Employer. Solid Waste Management Plan Guidelines Page 2 of 2 4. The report will include identification of any impacts to County- operated waste management facilities, and the appropriate mitigation measures that will be implemented by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be prepared for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. The Department of Environmental Management will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the solid waste management plan as complying with applicable Federal, State and County of Hawai'i solid waste laws, regulations, and administrative rules. Should you require additional information, please contact Terin Gloor, P.E., Solid Waste Division Acting Chief at 808 - 961 -8058. CONCUR: Frank J. DeMarco, P.E. DIRECTOR County of Hawai'i is an Equal Opportunity Provider and Employer. , • I, Frank J. DeMarco P.E. William P. Kenoi � �: � ;�, , •+ Mayor = +tom Director William T. Takaba �rE •••• Ivan M. Torigoe OF Managing Director Deputy Director CUMIN of cta z� `t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawai' i 96720 (808) 961 -8083 Fax (808) 961 -8086 http: / /co.hawaii.hi.us /directory /dir envmng.htm MEMORANDUM Date : February 1, 2011 To : BJ LEITHEAD TODD, Planning Director From: FRANK J. DE MARCO, P.E., Director 50t44_, _.1f1.4/z0 Subject: Change of Zone Application (REZ 10- 000135) Applicant: 327 Kona, LLC Request; A -5a to FA -la and A -la TMK: 7-4-26:33 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21 -5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21 -26.1 of the Hawai'i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23 -85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ( "Director of DEM "), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Hawaii is an Equal Opportunity Provider and Employer. J. 1V O NORC WAIL AILA, JR 9 f ��IV� WILLIAM INTERIM CHARU'ERSON GOVERNOR OF F WAIT + �� A I BOARD OF LAND AND NATURAL RESOURCES � R �� r1. .,_ , COMMISSION ON WATER RESOURCE MANAGEMENT 11 ot` and /varo� To 4 ° � , -, �� r , _ � ,STATE OF HAWAII o I'4j� 9 DEPARTMEN`F OF LAND AND NATURAL RESOURCES � � " LAND DIVISION x'11 POST OFFICE BOX 621 Srafe of Ha`gi HONOLULU, HAWAII 96809 February 2, 2011 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Ms. Daryn Arai Ms. Phyllis Fujimoto Ladies and Gentlemen: Subject: Special Permit Application (SPP 11- 000114) Change of Zone Application (REZ 10- 000135) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Historic Preservation will be responding through a separate cover letter. Should you have any questions, please feel free to call our office at 587 -0433. Thank you. Sincerely, ti pi a os Charlene Unoki Assistant Administrator SCANNED '1 :1 .I , /In; Planning Dept. Exhibit NEIL ABERCROMBIE o`F a :TTAJ. FUDDY, A.c.s.W., m.r.h. • GOVERNOR ,t• �se .'1 '� i' s "•""� . Acting Director of Health jar h � d � i STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 MEMORANDUM DATE: February 17, 2011 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 10- 000135) Applicant: 327 Kona, LLC Request: A -5a to FA -la and A -la Tax Map Key: 7 -4 -26:33 We recommend that you review all of the Standard Comments on our website: h.ttp: //hawaii.gov /health /environmental/ env- planning/landuse /landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 10- 000135.my SCANNED FEB % gY : 7 _ J � O �y l �{ i '] 8 :_06 Planning Dept. Exhibit �' SidneyFuke, Planning Consultant AA.711.w 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Planning •Variance •Zoning • Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 Subdivision •Land Use Permits E -mail: sidtuke@hawaiiantel.net • Environmental Reports February 25'2011 3 • Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application — 327 Kona, LLC TMK: 7 -4 -026: 033 (REZ 10- 000135) Thank you for providing me with agency comments to date regarding the subject application. We note that the Police Department and State Department of Land and Natural Resources — Land Division had no comments or objections to the request. Relative to the comments of the Department of Environmental Management's comments, a Solid Waste Management Plan will be prepared for the review and approval of the DEM prior to or in conjunction with the building permit process. The Solid Waste Management Plan will reflect the project's intent to reuse and/or retain much of the waste on site so as to minimize impacts to the County's landfill. Additionally, since this area is not serviced by a sewer system, all individual wastewater systems will be private and more than likely a septic system meeting with the approval of the State Department of Health. This will be implemented in conjunction with the building permit process of the individual lots. We trust that this sufficiently addresses agency comments to date on the subject application. If not or if there are other comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely, , I' _ SIDNEY yA\ tINVDNEEY M. FUKE Planning Consultant Copy — Mr. Tom Smith, 327 Kona, LLC SCANNED Planning Dep. Exhibit Ammie SidneyFuke, Planning Consultant w jim %Wm. 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • • •Variance • •Zoning Telephone: (808) 969-1522 •Fax: (808) 969-7996 _ • Subdivision • Land Use Permits E -mail: sidfuke@hawaiiantel.net • Environmental Reports March 3, 2011 ' Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application — 327 Kona, LLC TMK: 7 -4 -026: 033 (REZ 10- 000135) Thank you for providing me with agency comments to date regarding the subject application. Please note that as is customary and required, the requirements relative to fire flow and hydrants of the Fire Department will be adhered to in conjunction with the Department of Water Supply's review and approval of the water system. Likewise, the State Department of Health is also required to review and approve the necessary construction plans associated with the project's infrastructure. This will occur during the subdivision phase of this project. We trust that this sufficiently addresses agency comments to date on the subject application. If not or if there are other comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely, 4kfl SIDNEY M. FUKE Planning Consultant Copy — Mr. Tom Smith, 327 Kona, LLC via email SidneyFuke, Plan,.,,ig Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Planning • Variance • Zoning Telephone: (808) 969 -1522 • Fax: (808) 969 -7996 ' • Subdivision • Land Use Permits E -mail: sidfuke @hawaiiantel.net • Environmental Reports p_ ce f—r April 12, 2011 Ms. BJ Leithead Todd, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Ms. Leithead Todd: Subject: Rezoning Application — 327 Kona, LLC TMK: 7 -4 -026: 033 (REZ 10- 000135) Thank you for providing me with a copy of the Department of Public Works' ( "DPW ") comments regarding the subject application. In response to the comments, we note as follows: Drainage 1. The applicant is aware that prevailing policy requires all on -site water generated by the project must be retained on the site. Furthermore, the entry and exit points of all drainage ways cannot be altered. In that light, the applicant will prepare and submit for the review and approval of the DPW, a drainage plan reflecting those and any other drainage- related criteria. This plan will be submitted prior to or in conjunction with an application for any land disturbance permit or subdivision. 2. In implementing an approved drainage plan, there may be a need for drywells. In that event, the appropriate Underground Injection Control (UIC) and National Pollution Discharge Elimination System (NPDES) permits from the State Department of Health will be secured. Earthwork As noted earlier, the applicant will prepare and submit for the review and approval of the DPW the land disturbance permit (grading and/or grubbing) as well as secure the required NPDES permit(s). These will be done prior to any land disturbance activity and/or in conjunction with the subdivision review and approval process. SCANNED . . 2011 Ms. BJ Leithead Todd April 12, 2011 Page 2 ROADWAYS The applicant would have no objection to a condition requiring the dedication of the Halolani Street Extension upon the County's request. The road construction easement can also be provided and noted on the final subdivision plat map for this project. It is also understood that all driveway approaches to the streets must meet with the County's standards. If and when utility poles are constructed within the rights -of -way, the appropriate easements will be noted. We trust that this sufficiently addresses DPW's comments. If not or if there are other comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely, SIDNEY V. FUKE Planning Consultant Copy — Mr. Tom Smith, 327 Kona, LLC via email R327KonaLLCREZ(RE V). doc- 5/10/11 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION 327 KONA, LLC CHANGE OF ZONE APPLICATION (REZ 10 -134) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director recommends that an unfavorable recommendation of the Change of Zone request from Agricultural 5 -acres (A -5a) and Agricultural 1 acre (A -la) to Family- Agricultural (FA -la) for approximately 12.17 acres of land to develop a l0 -lot subdivision be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and /or alter this position based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: 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 that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. It has been a long - established policy of the Planning Commission and the Planning Department that areas to be considered for rezoning have basic improvements and amenities in place, such as the availability of water and infrastructure to support the proposed use. Other factors that must be taken into consideration in reviewing a proposed change of zone include a specific examination of a number of factors to determine the suitability of the property for the proposed amendment. This request is consistent with the General Plan LUPAG map designation of Urban Expansion Area. However, the requested change of zone within this area of North Kona will not conform to the following goals, policies and standards of the Land Use and (Housing) Single - Family elements of the General Plan: -1- • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Areas shall have basic improvements and amenities necessary for immediate use. Approved on June 25, 2007, Ordinance No. 07 99 established concurrency standards for roadways and water for all change of zones, including the extension of time to complete conditions of approval in an existing change of zone. The Kona Community Development Plan (KCDP) adopted by Ordinance No. 08 131 on September 25, 2008 created a section within the KCDP addressing the concurrency requirements adopted within the Zoning Code. The objective of concurrency is to manage the timing of growth in Kona to avoid overcapacity of the arterial as well as collector roadway systems within the KCDP planning area. Under the Concurrency Table, this proposed change of zone is within Zone H, which identifies two segments of Kealaka`a Street that should be constructed concurrent with the occupancy of units as a minimum area mitigation. The two segments are identified as 9B, Kealaka`a Street — (Hina Lani Street to Kealakehe Parkway) and 9C (Kealaka`a Parkway to Hao Kuni Street). Currently, there are no definitive timelines for completion for either of the two segments, and both design and funding are not in place. Until such time the two segments are scheduled for completion, the proposed rezoning cannot be supported, as the project is inconsistent with the Land Use and Transportation policies in the KCDP. The KCPD identifies the project area as being situated within the "Kona Urban Area" (Kona UA). The Kona UA is designated as that portion of North Kona spanning from the Kona International Airport at Kea to Keauhou. Most of the future growth in -2- Kona is proposed to be directed to the Kona UA. According to the Transportation Policy in the KCDP (6 -1), the Kona UA has been designated as a "critical road area" and identified on the Official Kona Land Use Map (Figure 4 -7) of the KCDP. The "critical road area" is defined as a geographical area where any of the transportation facilities serving the area have been determined to be worse than the acceptable level of service. Within a critical road area, all rezonings are subject to local and area mitigation and must comply with the concurrency map, which identifies the road segments to be constructed concurrent with the occupancy of units as a minimum "area mitigation." The KCDP requires any rezoning within the Kona UA to comply with the Official Concurrency Map and restrict occupancy until the completion of the Queen Ka`ahumanu Highway widening to the Kona International Airport at Keahole. This requirement is applicable to all rezonings unless the project site is within a designated Transient Oriented Development. Further, the concurrency map identifies the road segments to be constructed concurrent with occupancy of units as the minimum "area mitigation ", as defined in HCC 25 -2 -46 (Zoning Code). Thus, the concurrency requirements in the Zoning Code and the Kona Community Development Plan cannot be satisfied within a reasonable timeframe to support a favorable recommendation of the request, and the proposed rezoning fails to demonstrate how concurrency issues can be satisfied. Concurrency standards for roads as articulated in the Zoning Code requires mitigation if the Level Of Service (LOS) for any transportation facility in the project area is currently worse than the acceptable level of service or projected to worsen in the future. Mitigation is defined as "specific actions to reduce traffic congestion ", including improvements to roads and intersections in the immediate vicinity of a project, such as channelization of intersections, turn lanes into a project and similar improvements (local mitigation), and improvements that increase the capacity of an arterial or other major road, including additional lanes in the general region containing the project, or construction of a new arterial or collector road in the general area containing the project, or improvements to public transportation such as buses or park and ride facilities, sufficient to offset the traffic demand generated by the project (area mitigation). It would not be unreasonable to include a condition to restrict occupancy until the completion of this project. However, it would not be feasible to place a condition on a -3- rezoning based on unknown or uncertain factors to warrant a favorable recommendation at this time. Therefore, due to the infrastructural deficiencies within the affected area and inconsistency with the KCDP, the Planning Director does not support the change of zone as it would not result in a more appropriate land use pattern that will further the necessity, convenience and welfare of the public. It is thus recommended that the Planning Commission send an unfavorable recommendation to the Hawai`i County Council. A draft bill to amend Section 25 -8 -3 (North Kona Zone Map) Article 8, Chapter 25 (Zoning Code) is provided for your information. Please note that due to the unfavorable recommendation, there are no conditions attached to the draft bill. -4- ..OJNt. . N� . COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. ,7, t, _, AN ORDINANCE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — ONE ACRE (A -la) AND AGRICULTURAL — FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL — ONE ACRE (FA-1a) AT HONOKOHAU 1 NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7 -4- 026:033. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25 -8 -3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honokohau 1st, North Kona, Hawai`i, shall be Family Agricultural — One Acre (FA -1 a): Area 1: Beginning at a pipe in concrete at the Northeast corner of Lot 2 -A -2 and this parcel of land, being also the Northwest comer of that certain tract or parcel of land, described as a "Tank Site ", containing 1 acre of land as found in Deed from Robert Kelshaw Greenwell to the Water Commission of the County of Hawai`i recorded January 25` 2001, in Document No. 2001 - 011128, State of Hawai`i, Bureau of Conveyances. Also being at the South line of Lot 4 of "Kona Heavens Unit 1" (File Plan 1423), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,767.61 feet South and 8,860.58 feet West and running by azimuths measured clockwise from True South: Thence following on the East side of this herein - described tract of land along the remainder of R.P. 7587, L.C. Aw. 11216, Apana 36 to M. Kekauonohi (Certificate of Boundaries No. 138), with the following three (3) courses: 1. 348° 00' 00" 212.81 feet along said "Tank Site to a point; -1- 2. 5° 40' 30" 465.09 feet upon and across Lot 2 -A -2 to a point; 3. 6° 45' 00" 158.26 feet continuing upon and across Lot 2-A- , 2 to a point in the North line of Lot 2 -A -3 (TMK (3) 7 -4- 026:034); 4. 75° 00' 00" 468.82 feet along Lot 2 -A -3, along the remainder of R.P. 7587, L. C. Aw. 11216, Apana 36 to M. Kekauonohi (Certificate of Boundaries No. 138), to a found 1/2 inch rebar; Thence following on the West side of this herein - described tract of land along the remainder of R.P. 7587, L.C. Aw. 11216, Apana 36 to M. Kekauonohi (Certificate of Boundaries No. 138) with the following seven (7) courses; 5. 165° 00' 00" 250.00 feet along Lot 2 -A -1 of this subdivision, to a 1/2 inch rebar set in concrete; Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 6. 210° 00' 00" 28.28 feet along same and Access and Utility Easement "A -1" to a'' /2 inch rebar set in concrete; 7. 165° 00' 00" 50.00 feet along same and upon and across Access and Utility Easement "A -1" to a %2 inch rebar set in concrete; Thence along a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 8. 120° 00' 00" 28.28 feet along same and Access and Utility Easement "A -1" to a '/2 inch rebar set in concrete; 9. 165° 00' 00" 50.00 feet along same and Access and Utility Easement "A-1" to a 1/2 inch rebar set in concrete; -2- Thence along a curve to the left with a radius of 325.00 feet, the chord azimuth and distance being: 10. 163° 57' 15" 11.86 feet along same and Access and Utility Easement "A -1" to a' /2 inch rebar set in concrete; 11. 162° 54' 30" 425.42 feet along same and Access and Utility Easement "A -1" to a %2 inch rebar set in concrete for the Northwest corner of this herein described tract of land and the Northeast corner of Lot 2 -A- 1 of this subdivision; 12. Thence following along the Northerly side of stonewall along Lots 8, 7, 6 and 4 of "Kona Heavens Unit 1" (File Plan 1423) for the next four (4) Courses, the direct azimuth and distance between Points being: 256° 59'379.12 feet to a pipe in concrete marked No. 14; 13. 261° 20' 30" 223.82 feet to a pipe in concrete; 14. 234° 20' 30" 44.60 feet to a pipe in concrete; 15. 262° 43' 76.18 feet to the point of beginning and containing an Area of 11.48 Acres, more or less. Area 2: Beginning at a found ' /2" iron rebar being a Southeast comer of Lot 2 -A -2 and this parcel of land, being also on the North line of Lot 19 of Kona View Estates (Phase I) as found of record on the Hawai`i County Subdivision Map No. 05- 000036. The coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUIAHEA" being 18,281.51 feet south and 8,751.34 feet West and running by azimuths measured clockwise from True South: 1. 75° 00' 00" 101.44 feet along said Lot 19 to a found ' /2" rebar; -3- 2. 185° 40' 30" 333.63 feet upon and across Lot 2 -A -2 to a point on the West line of a 1.00 acre Tank Site; 3. 348° 00' 00" 312.57 feet along said Tank Site and Lot 5 of Kona View Estates (Phase I) as found of record on the Hawai`i County Subdivision Map No. 05- 000036 to the point of beginning and containing an Area of 15,832 sq. ft. or 0.37 of an acre, more or less. Area 3: Beginning at a found 1 /2" iron rebar being the Southeast corner of Lot 2 -A -2 and this parcel of land, being also on the North line of Lot 20 of Kona View Estates (Phase I) as found of record on the Hawai`i County Subdivision Map No. 05- 000036. The coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 18,568.56 feet South and 8,779.45 feet West and running by azimuths measured clockwise from True South: 1. 75° 00' 00" 105.06 feet along said Lot 20 and Lot 2 -A -3 of County of Hawai`i Subdivision Map Sub -08- 000788 to a point; 2. 186° 45' 00" 158.26 feet upon and across Lot 2 -A -2 to a point; 3. 185° 40' 30" 131.46 feet continuing upon and across Lot 2 -A- 2 to a found %2" rebar for the Northwest corner of Lot 19 of Kona View Estates (Phase I); 4. 345° 00' 00" 270.00 feet along Lot 19 of Kona View Estates (Phase I) as found of record on the Hawai`i County Subdivision Map No. 05- 000036 to the point of beginning and containing an Area of 13,988 sq. ft. or 0.32 of an acre, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -4- SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- S ITI r T r i I I I I I 111 I I I I . ,s_ KAHAKEA PL m v_ m � 70 'a. A -5a 17,76761' 5 .IAPIIIIIIIIIII 8,860.58' SI "MOANUTAH EA" A-la A -la I A -1: 0P1,‘\ 9\_ A -5. I t I I AREA 1 I AGRICULTURAL - FIVE ACRES (A -5a) i TO FAMILY AGRICULTURAL - ONE ACRES (FA -1A) 11.48 ACRES I I Ill° 1 I p t • AREA 2 I AGRICULTURAL - ONE ACRES (A- 1a).',�,, TO FAMILY AGRICULTURAL - ONE ACRES (FA -1A) 0.37 ACRES - I I I A I I AREA 3 I AGRICULTURAL - ONE ACRES (A -1 a) "� TO FAMILY AGRICULTURAL - ONE ACRES (FA -1A) O 0.32 ACRES I 0 A -5a t• m A -la N A -5a I r - -1a 0 Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25 -8 -3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - ONE ACRES (A -1a) AND AGRICULTURAL - FIVE ACRES (A -5a) TO FAMILY AGRICULTURAL - ONE ACRES (FA-1a) AT HONOKOHAU 1ST, NORTH KONA DISTRICT, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: 7 -4- 026:033 DATE: Jan. 18, 2011 EXHIBIT "A" 327 Kona, LLC Map 1306