Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-015_AMEND REZ-05-027) RHinchcliffREZAmend.tic.3.92022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CLINTON HINCHCLIFF JR. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 82 (PL-REZ-2022- 000015/REZ 05-27) Upon careful review of the request to amend conditions of Ordinance No. 06 82, the Planning Director is recommending that a favorable recommendation for the applicant's proposed amendments to Conditions D and Condition E, and deletion of Condition J 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 on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant is requesting a five (5)-year time extension to Condition D (Final Subdivision Approval), and amendment of Condition E (Restrictive Covenants) and Condition F (Restrictive Covenants)to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, and deletion of Condition J (Improvements to Kaloko Drive/Mamalahoa Highway Intersection) of Ordinance No. 06 82,which reclassified 21.992 acres of land from Agricultural 20-acres (A-20a)to Family Agricultural 3-acre (FA-3a) zoned district. The applicant is requesting the following amendments to Change of Zone Ordinance No 06 82: ■ A five (5)-year time extension to Condition D (Final Subdivision Approval). ■ Amendment of Condition E(Restrictive Covenants) ■ Deletion of Condition J (Improvements to Kaloko Drive/Mamalahoa Highway Intersection) Please note that the applicant originally requested an amendment to Condition F to remove the requirement to record approved covenants prior to Final Subdivision Approval. Staff noted that after reviewing the existing condition, that the request is already noted in the existing language. Based on the preceding, the applicant submitted a request to withdraw the amendment request to Condition F via letter dated April 2, 2022 to the Planning Department. 1 The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The previous landowner, Nimble Inc. sought and was granted a change of zone in 2006 and began working on compliance with conditions of approval towards the development of a seven (7) lot subdivision. In 2010, the current landowner secured a partial interest in the property and shortly after the property was involved in an extensive litigation with the former owners of the property. Despite the landowner's efforts at the time, the landowners were unable to obtain Final Subdivision approval by June 2011 and did not seek an administrative time extension from the Planning Department. In 2011 the Planning Department deemed the subdivision application null and void. The current landowner resolved the land title issues in 2015 and due to unforeseen circumstances with business and a weak real estate market at the time, the landowner elected to defer completing conditions of approval until 2020. In 2021 the current landowner along with a new surveyor and engineer for the project submitted a subdivision application for the subject property and made efforts to complete water commitment requirements where they learned that the time to complete final subdivision had lapsed. To recitfy this oversight the landowner is requesting a five (5) year time extension to complete the subdivision. In addition, the landowner is requesting amendments to Condition E and deletion of Condition J to be more consistent with most recent rezoning conditions in this area. Based on the reasons provided it is determined that the applicant could not have foreseen the title issues, which was beyond their control and was not the result of their fault or negligence. Furthermore, the Planning Director has recommended updating the existing conditions to reflect the current standard language and adding new conditions as recommended by agencies. The applicant is committed to complying with the conditions of approval, including the requirements for protecting and maintaining the naturally forested areas on their property by creating forest reserve easements and enhanced structural setbacks on the property(s). Lastly, the applicant will be required to comply with all agency requirements and stated conditions of approval. Granting of the time extension amendments would not be contrary to the -2- General Plan or Zoning Code. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone approval in 2006. At that time the General Plan LUPAG Map designation for the property was the same as it is today, Important Agricultural Lands. These are designated lands with better potential for sustain high agricultural yields because of soil type, climate,topography, or other factors. Since the approval of the Change of Zone in 2006, the Kona Community Development Plan (CDP) was since developed and adopted by the County Council on September 25, 2005 as Ordinance No. 08 131, as amended by Ordinance No. 19 091, effective September 18, 2019. The Kona CDP has goals, objectives, and policies relevant to housing through its Land Use section that specifically includes similar goals as the General Plan regarding preservation of natural resources and native species, as well as watershed protection. The proposed subdivision is compatible with the rural character of lands located within the Kaloko Mauka Subdivision and conditions of approval will continue to be required to be included in deeds of all the proposed lots for the subdivision which prohibit second dwelling units as well as require forest management plans. Both conditions are intended to preserve the agricultural ambience of the area and preserve the forest corridors within the Kaloko Mauka subdivision. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. The Department of Public Works and Department of Health had no concerns regarding the request. The property has sufficient access to Kaloko Drive. There is sufficient water for the proposed request and the applicant has paid the water commitment fee for six (6) additional units of water through October 31, 2024. Based on the preceding, the Planning Director is recommending amending Condition C to require the applicant to maintain valid water commitments until the required water facility charges are paid in full. The Department of Transportation (DOT) has previously shown concern about the numerous rezonings in the Kaloko Mauka Subdivision and the cumulative impact of these changes on the intersection of Mamalahoa Highway and Kaloko Drive. The DOT -3- has previously recommended the following improvements at the intersection due to the additional traffic and activity on the roads from the cumulative effect of the land use change: • Illuminate the intersection at night • Channelize turning movements at the intersection • Other safety improvements The DOT had further stated that the intersection improvements should be made at no cost to the State and requested that plans for improvements within the State highway right-of-way be submitted to the Highways Division for review and approval. Based on concerns raised in 2006, the County Council placed Condition J in Ordinance No. 06 82 which prohibited the issuance of building permits for 24 months on the subject property until intersection improvements have been completed to the Kaloko Drive-Mdmalahoa Highway intersection. Surrounding rezones in the subdivision have only included a condition of approval requiring that the fair share fee paid for regional impacts to transportation,park,police, fire and solid waste facilities be allocated entirely for the County and/or State to improve the Kaloko Drive-Mdmalahoa Highway intersection. Based on the preceding,the Planning Director is recommending the removal of Condition J at this time. Lastly,the Planning Director is amending Condition L to update the fair share fees that will be contributed for the improvement of the Kaloko Drive-Mdmalahoa Highway intersection. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The project site is located approximately seven (7) miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources,historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and"Ka Pa`akai O Ka`aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural,historical, and natural resources and the associated traditional and customary practices of the site: -4- Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The property is located within the boundaries of a pre-contact age upland agricultural system known as the Kona Field System,which is listed in the State Inventory of Historical Places. The area was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Hu`ehu`e Ranch, the developers of the Kaloko Mauka Subdivision. In addition,the National Park Service published a report in 1991 entitled, "An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a,North Kona." This study also identified remains of an agricultural field system up to the 3,500-foot elevation at certain locations. A copy of the application was sent to the State Historic Preservation Division with a request for comments. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW),provided comments to address the impact of the proposed project on endangered or threatened flora and fauna that may occur in the project area, specifically the Hawaiian Hawk(Io),the Blackburn Sphinx Moth, Hawaiian hoary bats, Hawaiian goose (Nene), and seabirds. Additionally, DOFAW provided comments regarding the spread of Rapid `Ohi`a Death and the spread of invasive plant species. Conditions of approval will be included to address the recommendations provided by DOFAW. The valued cultural,historical, and natural resources found in the rezoning area: The Department is not aware of any cultural or historic resources on the property. According to the applicant,there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property. The property is covered in native forest. Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus,to the extent to which traditional and customary native Hawaiian rights are exercised,the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. Since no archaeological study of the property was conducted by the previous landowner and -5- current landowner and since the area is part of the Kona Field System,the Planning Director recommends a condition requiring an Archaeological Field Inspection for the property to identify resources and to implement mitigation if resources are found to be present on the property. Lastly,this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends a favorable recommendation for the applicant's proposed amendments to Conditions D and Condition E, and the deletion of Condition J be forwarded to the County Council. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 06 82 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -6- 4�M�V`OF h{`�pi COUNTY OF HAWAII +_ STATE OF HAWAII ri�•oF•rr.M� BILL NO. ORDINANCE NO. {Planning Department} AN ORDINANCE AMENDING ORDINANCE NO. 06 82 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY AGRICULTURAL—3 ACRES (FA-3a)AT KALOKO MAUKA SUBDIVISION,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-024:008. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL SECTION 1. Section 2 of Ordinance No. 06 82 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2905 Editiaii)] (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety, and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 3. Material to be deleted is bracketed and stricken. New material is underscored. -1- SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CHinchcliMEZ-3.9.2022 CLINTON HINCHCLIFF JR. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 06 82 (PL-REZ-2022- 000015/REZ 05-27) AMENDED CONDITIONS OF APPROVAL A. The [a„ ]Applicant, its successors,or assigns ("Applicant')shall be responsible for complying with all of the stated conditions of approval. B. The [applieaffts, sueeessefs ef assiDisl (Applicant) shall be responsible for complying with all requirements of Chapter 205, [14awaii] Hawaii Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. C. [ ninety (90) days ffom the eg etiye date of this ,.h.nge of zoned The Applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. The Applicant shall construct necessary water system improvements as required by the Department of Water Supply. D. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director within five (5)years from the effective date of this amended ordinance. The [app4ean4]Applicant shall reserve the following easements and special setbacks in perpetuity for purposes of protecting and maintaining naturally forested areas and shall delineate such easements and setbacks on plans submitted for subdivision review: 1. a 60-foot wide "forest reserve easement" along the existing roadway frontages of the subject property, exclusive of the access point permitted by the Department of Public Works. 2. a 30-foot"forest reserve easement" along all lot lines not covered by the 60-foot easement; and 3. a 60-foot wide structural setback in lieu of the required 30-foot setback along the existing property's public street frontage to provide an additional buffer. E. Restrictive covenant(s) in the deeds of all the proposed agricultural lots [frenting a&] fronting Kaloko Drive and Hao Street shall specify and uphold the easements and setbacks set forth in Condition D. The restrictive covenant(s) shall also specify that, including the area comprising the forest reserve easements described in Condition D, no less than eighty percent(80%) of the entire lot area shall be retained in forest. A copy of the proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. [ of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Convey F. Restrictive covenants in the deeds of all of the proposed lots within the subject property shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes (CPR) on each lot, including Lot 1. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State of Hawai'i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. G. A forest management plan for the proposed lots within the subject property shall be prepared and submitted for review and approval by the Planning Director in consultation with the State Department of Land and Natural Resources. The forest management plan shall require the following: 1. Include at minimum,the best forest and reforestation practices program for implementation and other applicable forestry management criteria, including those of the State Department of Land and Natural Resources (i.e. Forest Stewardship Program). 2. The forest management program shall include a restrictive covenant for the proposed lots within the subject property which shall be recorded with the State of[14amwaii]Hawai`i Bureau of Conveyances and/or Land Court. A copy of the covenants to be recorded shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the [applieaftt]Applicant and the County and recorded with the Bureau of Conveyances prior to the issuance of Final Subdivision Approval. 3. If more than twenty_percent(20%) of the subject property has been cleared or grubbed prior to the submittal of the Forest Management Plan or the recording of the restrictive covenant(s), the reforestation program for any cleared or grubbed area(s)in excess of the 20%within the subject property shall be substantially implemented prior to the issuance of Final Subdivision Approval. [3-]4. This forest management plan shall govern the proposed lots within the subject property for a period of fifty (50)years and its termination may be considered after the 50-year period has elapsed by amending this ordinance requiring County Council approval by ordinance. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study of the project site, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval. L All earthwork andrg ading shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai 'i County Code. [-I-IL Vehicular access to Kaloko Drive shall be limited to one common driveway approach as approved by the Department of Public Works. 4- [ o eempleted, r r-evided t44 if i ni„ 4e ;„tor- „ n1 1 40 n,-e ide et4e-safety ; o ort iiieltiding 4e i;„o of Sight K. An Archaeological Field Inspection shall be submitted for the review and approval of the State Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD)prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. The Applicant shall implement any preservation measures, which shall be shown on the final plat map, as recommended in the Archaeological Inventory Survey (AIS) or subsequent preservation plans. [K-OIL [ fneastir-es have boor tak ]In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find,Protect the find from additional disturbance and contact the State Historic Preservation Division at(808) 933-7651. Subsequent work shall Proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. To protect any Hawaiian Hawks (`Io)in the vicinity of the property, ground clearing_ grubbing activities and construction shall not occur in the permit area during_ hawk breeding season of March to September without first conducting surveys for hawk nests and coordinating with US Fish and Wildlife Service (USFWS) if nests are found. Surveys shall be conducted by a qualified biologist. N. To protect Blackburn's Sphinx Moth (BSM) contact DLNR, Division of Forestry and Wildlife (DOFAW)to determine whether a vegetation survey should be conducted. To avoid harm to the BSM,remove plants less than one meter in height or during _the drthe dry time of the year. If removing tree tobacco plants or disturbing the ground around these plants, they must be checked thoroughly for the presence of eggs and larvae. O. To protect any Hawaiian hoary bats in the vicinity of the property, woody vegetation over 15 feet in height shall not be disturbed, removed or trimmed during bat birthing and pup rearing season, from June 1st to September 15th. P. To avoid and minimize potential project impacts to the endangered Hawaiian goose (Nene)the Applicant shall implement the following applicable measures: Do not approach, feed, or disturb Nene. If Nene are present during construction activities, all activities within 100 feet(30 meters) should cease, and the bird should not be approached. Work may continue after the bird leaves the area of its own accord. Contact DOFAW for further guidance if a nest is discovered or a previously undiscovered nest is found on the subject property after work be_ gins. Q. To protect any seabirds in the vicinity of the property,the Applicant shall install shielded outdoor lights to direct light downwards. Additionally, the Applicant shall install automatic motion sensor switches and controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. Finally, the Applicant shall avoid nighttime construction during the seabird fledgingsperiod, September 15 through December 15. R. To prevent the spread of Rapid `Ohi`a Death(ROD), if`Ohi`a trees are present and will be removed, trimmed or potentially injured, DOFAW requests that Applicant follow the guidance of the College of Tropical Agriculture and Human Resources, University of Hawaii. Additionally, the Applicant shall minimize the movement of plant or soil material between worksites in order to prevent the spread of invasive species. All equipment, materials and personnel shall be cleaned of excess soil and debris. All gear that contains soil, such as work boots and vehicles, should be thoroughly cleaned with water and sprayed with 70% alcohol solution. [L—]S. The [applieant]Applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to receipt of[ ]Final Subdivision Approval. The fair share contribution to address the potential road impacts shall be in the form of cash and/or in-kind services approved by the County Council and shall be applied to improving the Kaloko Drive/[Mamalaho ]Mamalahoa Highway intersection. The fair share contribution shall have a value of[$991.x]$15,057.57 per additional lot. Based upon the [a„�]Applicant's representation of intent to subdivide and develop up to six (6) additional lots, the indicated total fair share contribution is [$59,947.20]$90,345.42. The fair share contribution shall be allocated as follows: [$9�o�.20]$15,057.57 per additional lot for an indicated total of [$9�o�.20]$90,345.42 to the State or County to support road and traffic improvements. The fair share contribution shall be adjusted annually by the [Nawaii]Hawai`i County Planning Department, beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index [RGPI)] HCPI . Upon approval of the fair share contributions, the Planning Director shall submit a final report to the Council for its information that identifies the specific approved fair share contributions, as allocated, and further implementation requirements. [M-.]T. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the [applieant]Applicant shall comply with the requirements of Chapter 11, Article 1, [14awaii] Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. [l4-:]U. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fee Ordinance. [9.]V. The []Applicant shall comply with all applicable County, State and Federal Laws,rules,requirements and regulations, including the Department of Public Works, Department of Water Supply and Department of Health. [g]W. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the [applieaats]Applicants,its successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the Applicant should require an additional extension of time, the Planning_ Director shall submit the Applicant's request to the County Council for appropriate action. X. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. 'A o A 20e A-3a. A-20a \ •t4a ` FA-1) FA-30 FA-3a 352.36$r cl 3.8kd.04 W "MOAltiIU1 A FAQ 13anani I t f, ryep' + - � I 1 A 7a q-� A-20a A-54 A-3a AGRICA4TURAL-(A-20a)T 0AF�pa -2oa' i AGR1CaTORAL(FA-3a X W2 ACRES I 1 f 1 jI A-74 K uki t i aloka "I, rf• • i a 'l A-20a. I i A 20a Ala 20 } A A-3a bid Ci0vBrl7 d l R A-la I I f i I - A�3a E i la RSG24 Ri Ja f ld M� oaf'' a t A•3a Q( - a kel �al A-73 ;i{1 b m Ra RA;la A q FA-fa RA-5a i A 'F. A_ta ' , t `' Alia i A-fA! A-a A.3a d fa i 1,000 500 0 _ 1,000 2, __—000 3000 4000 5090 EG - - ��Feet AMENDMENT TO THE ZONING CODE, AMENDING SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-3a) AT KALOKO MAUKA SUBDIVISION, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK'7-3-024:000 Date:December 7,200 EXHIBIT"A" (Dean+s 0.smith-t 182) FOR REFERENCE ONLY