The URL can be used to link to this page

Home My WebLink AboutCOM 0821.000 2002-2004Harry Kim Mayor Dixie Kaetsu Managing Director ..,J 1 O u" 1 09 Q .:Neter L. Hendricks Deputy Managing Director COUNTY OF HAWAII;;, - 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kualam Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 October 15, 2004 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: ate Land Use Boundary Amendment Application (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Applicant: Continental Pacific, LLC Tax Map Key: 2-8-8:por 3, por 95, 103 & por 104 Change of Zone Application (REZ 04-014) Applicant: Automotive Supply Center, Ltd. Request: RS -10 to MCX-20 Tax Map Key: 2-2-49:26 Change of Zone Application (REZ 04-015) Applicant: Island Ohana Dental Request: RS -10 to MCX-20 Tax Map Key: 2-2-37:31 Change of Zone Application (REZ 04-016) Applicant: Betty Wong Request: A -3a to RS -15 Tax Map Key: 2-4-38:16 Change of Zone Application (REZ 04-021) Applicant: Glenn Ahuna Request: RS -10 to RCX-10 Tax Map Key: 2-2-21:30 < 771 Comm. No. 2' Ref. To: Ref. Date Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 October 15. 2004 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above -referenced requests. Sincerely, arty Kim Mayor [091604 Enclosures cc: Planning Department Hawaii County is an Equal Opportunity Employer and Provider Harry Kim Mayor October 15, 2004 County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Applicant: Continental Pacific, LLC Tax May Key: 2-8-8:nor 3, uor 95, 103 & nor 104 The Planning Commission, after a duly held public hearing on September 16, 2004, voted to recommend for your approval the proposed legislative bills to change the State Land Use Boundary Amendment from an Agricultural to an Urban District for 4.182 acres of land and the district classification from Limited Industrial — 20,000 square feet (ML -20), General Industrial — 5 acres (MG -5a), Village Commercial — 10,000 square feet (CV -10) and Agricultural 20 -acre (A -20a) to Single Family Residential — 20,000 square feet (RS -20) and ML -20 districts for 13.478 acres of land. The area involved includes the former Hilo Coast Processing Mill complex and surrounding former sugar cane lands at Pepeekeo, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to and between existing Urban - designated lands. The applicant's request to designate 4.182 acres at the Hilo Coast Processing Company's base yard warehouse and office building into the Urban District reflects the infilling of Agricultural -lands within this section of Pepeekeo already surrounded by Urban -designated lands. The applicant has also requested a concurrent change of zone for the portion of the property from Agricultural (A -20a) to Limited Industrial (ML -20) to reflect the site's current use. The Urban District request would be consistent with the goals and polices of the Land Use (Industrial) element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Industrial uses. The project site has historically been used for industrial purposes, and is located approximately 900 feet from existing industrial uses. A "floating zone" concept identified in the General Plan was also considered in making a determination that the request was consistent under the current LUPAG Map. Thus, the area under consideration is consistent with the urban form established for this section of South Hilo District as depicted on the LUPAG Map. The project site is located in an urban -like setting adequately served by transportation, utilities and other amenities. The reclassification and proposed rezoning will allow the property to be used for a variety of light industrial uses that may support agricultural activity along the Hamakua Coast. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The subject reclassification is for land located near the urban center of Hilo and thereby conforms with the Land Use Commission Rules that encourages urban developments in close proximity to existing developments and existing services and facilities. The subject area is the site of the Hilo Coast Processing Company's base yard warehouse and office building. Primary access to the site is from Hawaii Belt Road to the Pepeekeo Mill Road, an existing 20 to 30 -foot wide asphalt -concrete paved roadway. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Water is available from the County's water system. The applicant has stated that the proposed area will be allotted one unit of water from the County. Police services are available from the County's Police Station in Hilo. Fire and emergency services are available from the Central and Kaumana stations in Hilo. Electricity and telephone services are or will be made available to the project site. Urban Districts shall include lands characterized by "city -like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties are vacant or in residential uses. There is another industrial area (Pepeekeo Power Plant site) located approximately 900 feet makai of the property. The Kulaimano Homesteads is located south of the subject area and zoned A -5a. There are properties zoned RS -10 to the west of the subject area. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. The project site slopes slightly to the east. Thus, the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A -20a) zoned district, it is not currently being used for active agricultural purposes. The State of Hawai`i's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map identifies the property as Prime Agricultural Land. However, this portion of the property has not been used for agricultural purposes, as a warehouse and office building is located on the site. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "C" or "Fair". Surrounding lands in the immediate vicinity of the subject site are designated Agricultural and Urban. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan. On April 23, 2003, Paul H. Rosendahl, Ph.D., hic. requested a "no effect" determination from the State Department of Land and Natural Resources Historic Preservation Division for the subject properties. By memo dated September 9, 2003, the State Department of Land and Natural Resources Historic Preservation Division indicated that they believe "there are no historic properties present Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 because intensive cultivation has altered the land, and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, no historic properties will be affected by this undertaking." Therefore, the reclassification of 4.182 acres from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawai `i. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone The applicant is requesting a change of zone for approximately 13.478 acres: • TMK: 2-8-8: Por. 3 and Por. 95, approximately 1.462 acres, from Limited Industrial (ML -20) to Single -Family Residential (RS -20). This area includes portions of Bulk Lot 83, 70 and Roadway Lot 93. • TMK: 2-8-8: Per. 3, approximately 1. 194 acres, from Village Commercial (CV -10) to Single -Family Residential (RS -20). This area includes a portion of Bulk Lot 70. • TMK: 2-8-8: Per. 3, Por. 95 and Por 104, approximately 6.64 acres, from General Industrial (MG -5a) to Single -Family Residential (RS -20), location of the mill site. This area includes portions of Bulk Lots 70, 83 and Roadway Lot 93. • TMK: 2-8-8: Por. 95 and 103, approximately 4.182 acres within Lot 91, from Agricultural (A -20a) to Limited Industrial (ML -20), concurrent SLU Boundary amendment from Agricultural to Urban. The net result of the proposed rezoning is, in effect, a downzoning or reduction in the allowed use from the current zoning for both the industrial and residential areas. The current ML and MG zoning, consisting of 8.102 acres, would be replaced by 4.182 acres of new ML zoning, so the total area zoned for industrial use would be less. There would be 9.296 acres of new RS -20 zoning. The RS zoning would allow 20 homes to be built, but under the terms of the Settlement Agreement and the current SMA permit request, only 3 homes would be built in the RS -20 zoned area. The current CV -10 zoned area, which will be Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 changed to RS -20, could potentially be developed with five single-family residential lots, or a maximum of 41 multi -family units. In addition, because of the terms of the Settlement Agreement, the adjacent RS -7.5 zoned area, consisting of about 35 acres, will be developed to no more than about nine lots. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed request would be consistent with the goals and policies of the General Plan Economic, Land Use and Housing Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The project area is designated Low Density Urban and Industrial, for the site of the Hilo Coast Processing Company's base yard and office building. A "floating zone" concept identified in the General Plan was considered in making a determination that the request for Industrial zoning was consistent under the current LUPAG Map. The Low Density Urban designation allows for uses single-family residential in character, ancillary community and public uses, and convenience type commercial uses. The industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The request to a Single Family Residential zoned district for the proposed subdivision and Limited Industrial zoned district for the existing Hilo Coast Processing Company base yard warehouse and office building would be a reasonable evolution of existing uses in the area. Furthermore, a favorable recommendation of the proposed use will provide the basic framework for a concentration of urban activities occurring in an orderly manner as identified by the General Plan. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 The project site is situated within close proximity to schools, commercial areas, employment centers and public safety services. All utilities and services essential to accommodate urban development are or will be made available to the project site. The subject site is situated close to the urban center of Hilo. Primary access to the site is from Hawaii Belt Road to the Pepeekeo Mill Road, an existing 20 to 30 -foot wide asphalt - concrete paved roadway. The primary access roadway will be the Pepeekeo Mill Road, an existing 20 to 30 -foot wide asphalt -concrete paved roadway within a 60 -foot right-of- way. The secondary subdivision roadway will consist of an 18 -foot wide paved roadway within a 50 -foot right-of-way to be held in private ownership and maintained by the lot owners in the subdivision. According to the applicant, the nearest County municipal water system is located along the Old Mamalahoa Highway. The applicant has obtained a commitment of 55 units of water from the County and has constructed a 50,000 -gallon holding water tank to provide a private potable water system to oceanfront lots within the SMA. The proposed Limited Industrial area (Lot 91) will be allotted one unit of water. Police services are available from the County's Police Station in Hilo. Fire and emergency services are available from the Central and Kaumana stations in Hilo. Electricity and telephone services are or will be made available to the project site. Storm and surface water runoff will be accommodated within the project site in a manner meeting with the approval of the Department of Public Works. The project will be serviced by private individual wastewater septic systems meeting the State Department of Health's Water Quality Standards. The Department of Environmental Management Wastewater Division recommends the connection of structures to the public sewer where properties are accessible to the sewer. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The property is located within Zone "X", areas determined to be outside the 500 -year flood plain. The portion of the property currently zoned ML and MG lies at the top of the sea cliff, which is about 60 to 80 feet high in this area. The sea cliff will gradually erode and migrate inland. In some similar areas, such as Alae Pt. and Honoli'i Pali, a few homes built in the last 40-50 years are now in danger of falling into the sea. There was a major episode of cliff collapse at Waipunalei several years ago that resulted in the loss of some structures. The Planning Director has tried to get advice on a general setback that can be considered safe for homes to be built on the top of the sea cliff, but the response has been that each site would have to be evaluated by a professional geophysicist. The standard under current law for these homes would be 40 feet from the shoreline, which is currently set at the top of the sea cliff. The Planning Director will recommend that no dwelling be constructed closer than 40 feet from the top of the sea cliff as a condition of the SMA permit. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 properties or roadways. Any further improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. According to the applicant, although the Hilo Coast Power Plant is located within the area, the plant is not a large sources of pollutant and would not contribute to air pollution within the vicinity of the project area. The large size of the parcels to be created will mitigate any possible visual or noise impacts within the area. The proposed limited industrial zoned lot will be located a significant distance from the urban/residential area and will be surrounded by r agricultural lots ranging in size from 10 to 20 acres. According to the applicant, the large size of the surrounding parcels is adequate to mitigate any possible visual or noise impacts within the area. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from the Hawaii Belt Road. The properties are not listed as a distinctive and identifiable landmark as identified in the General Plan. The project area is absent of any active agricultural activity. According to the applicant, there are no rare, threatened or endangered species in the immediate area. The overall impact on the existing flora is expected to be negligible since the plants are alien and introduced species. The applicant has also stated that there are no rare or endangered species of fauna present in the area, as it is not within the critical habitat for protected species. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan. On April 23, 2003, Paul H. Rosendahl, Ph.D., Inc. requested a "no effect" determination from the State Department of Land and Natural Resources Historic Preservation Division for the subject properties. By memo dated September 9, 2003, the State Department of Land and Natural Resources Historic Preservation Division indicated that they believe "there are no historic properties present because intensive cultivation has altered the land, and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, no historic properties will be affected by this undertaking." Except for fishing along the shoreline, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. By a previous agreement with the County, there is a vehicular public access and lateral shoreline pedestrian public access. The Planning Director does not recommend a few conditions requested by public agencies. These requests may result from a misunderstanding of the rezoning, which is a reduction of the present zoning. Specifically, the State Department of Transportation requested a Traffic Impact Analysis Report (TZAR). Because the rezoning should not increase traffic at the intersection of the Pepeekeo Mill Rd. and the Hawaii Belt Road compared to the present zoning, the Planning Director is not requesting a TIAR. The State Department of Education (DOE) requested a school impact fee which the DOE requests whenever a rezoning may create fifty or more residential lots. The present Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 rezoning should result in only three residential lots. For the same reason, the Planning Director did not recommend a "fair share" assessment for this rezoning. Based on the above findings, approval of this change of zone request from Limited Industrial (ML -20), Village Commercial (CV -10) and General Industrial (MG -5) to the Single -Family Residential (RS -20) zoned district, and Agricultural (A -20a) to the Limited Industrial (ML -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to State Land Use Boundaries Map H-65 and Section 25-8-35 (Pepeekeo Zone Map) of the County Zoning Code are transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, P red Galdones, Chairman Planning Commission Lcontinentalslurez02PC Enclosures cc: Steven S. C. Lim, Esq. Mr. Jeremiah A. Henderson Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu Hawai'i County is an Equal Opportunity Employer and Provider BContPnSLUSMAREZcv. doc-9/ 18/03 COUNTY OF HAWAPI PLANNING DEPARTMENT BACKGROUND REPORT CONTINENTAL PACIFIC, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-006) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 03-009) CHANGE OF ZONE APPLICATION (REZ 03-014) CONTINENTAL PACIFIC, LLC has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban for approximately 3.344 acres, Special Management Area Use Permit to allow the development of 1 I lots and related improvements, and a Change of Zone from Limited Industrial -20,000 square feet (ML -20), General Industrial -5 acres (MG -5a), Village Commercial -10,000 square feet (CV -10) and Agricultural 20 -acres (A - 20a) to Single Family Residential -20,000 square feet (RS -20) and Limited Industrial 20,000 - square feet (ML -20) districts for approximately 12.640 acres of land. The project area includes the former Hilo Coast Processing Mill complex and surrounding former sugar cane lands at Pepeekeo, South Hilo, Hawaii, TMK: 2-8-7: Portions of 1 and 53. The landowner wants to create a very low density residential subdivision totaling 11 residential lots on lands near Pepeekeo Point that once contained structures associated with the Pepeekeo Sugar Mill and the Pepeekeo Mill Camp. These structures were demolished many years ago, for the most part in the 1970's. The present zoning map, however, generally follows those abandoned uses. A map of the existing zoning is shown as Exhibit Q. The landowner proposes to change the ML and MG zoning to RS because residential use is not allowed in ML and MG zones. The landowner also proposes to change the CV zoning to RS to eliminate the potential for incompatible uses. The proposed residential development also needs a SMA permit because the area from the shoreline to an imaginary line approximately 500 feet inland is within the SMA. The SMA permit application includes a portion of the area that is currently zoned RS -7.5, and is not part of the rezoning application. The SMA permit application therefore covers a considerably larger area than the rezoning application. The end result of the proposed rezoning and SMA application would he a residential subdivision of 11 lots, a considerable decrease from the density potentially allowed by current zoning. The rezoning would also create a new ML zoned area where the Hilo Coast Processing Co. had a warehouse and baseyard, consisting of 3.344 acres. Please note that the applicant's County Environmental Report, attached as Exhibit A to this Background Report, describes a project covering a broader area of about 1,300 acres, in addition to the area covered by this rezoning and SMA permit request. The larger project includes elements that did not need rezoning and SMA permits, and has been partially implemented by a subdivision approval earlier this year, reconfiguring approximately 70 lots in the agricultural district through consolidation and resubdivision. The earlier subdivision approval did not require rezoning or SMA permits. APPLICANT'S REQUEST 1. Request: The applicant's request includes the following: A. State Land Use Boundary Amendment from Agricultural to Urban on TMK: 2-8- 7: Por. 53, approximately 3.344 acres. This portion of the property is the site of the Hilo Coast Processing Company's base yard and office building. B. Change of Zone for approximately 12.640 acres: • TMK: 2-8-7: Por. 1, approximately 1.462 acres, from Limited Industrial (ML -20) to Single -Family Residential (RS -20) • TMK: 2-8-7: Per. 1, approximately 1. 194 acres, from Village Commercial (CV -10) to Single -Family Residential (RS -20) • TMK: 2-8-7: Por. 1 and 53, approximately 6.640 acres, from General Industrial (MG -5a) to Single -Family Residential (RS -20), location of the mill site • TMK: 2-8-7: Por. 53, approximately 3.344 acres, from Agricultural (A -20a) to Limited Industrial (ML, -20), concurrent SLU Boundary amendment from Agricultural to Urban. C. Special Management (SMA) Use Permit for 11 lots within TMK: 2-8-7: Por 1 and 53. The 11 lots range in size from 2.7 to approximately 5.0 acres. The applications are being submitted pursuant to the terms and conditions under a Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands, entered into by and between the Applicant and the County of Hawaii Planning Department dated April 12, 2002. The Settlement Agreement covered a much larger area of about 1,300 acres makai of the Hawaii Belt Road, including about three miles of oceanfront, and an even larger area mauka of the Hawaii Belt Road. Much of the -2- Settlement Agreement has been implemented through subdivision approvals that did not require rezoning or SMA permits. (See Exhibit A - State Land Use Boundary Amendment, Change of Zone and Special Management Area Use Permit Applications and Exhibit B - Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands) STATE AND COUNTY PLANS 2. State Land Use Designation: Agricultural and Urban. 3. GP LUPAG Map: Low Density Urban, Industrial, and Open along the shoreline. 4. County Zoning: Single Family Residential (RS -7.5), Agricultural (A -20a), General Industrial (MG -5a), Limited Industrial (ML -20) and Village Commercial (CV -10). 5. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management Area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. Portions of the properties along the shoreline are located within the Special Management Area. This area is not located within the County Civil Defense Agency's evacuation area for hazards due to tsunami and surges from hurricanes. There is some cause for concern for tsunami inundation at Pepeekeo Point. DESCRIPTION OF SUBJECT PROPERTIES AND SURROUNDING AREA 7. Subject Properties: The subject properties are located makai of the Hawaii Belt Road approximately '/< miles north of Pepeekeo. The Hilo Coast Processing Company's former base yard warehouse and office space structure is located on a portion of the project area proposed for the State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone (A -20a to ML -20). The remaining area is vacant of any structures, and heavily vegetated with abandoned sugarcane, guava, kukui nut trees, and alien plant species. -3- 8. Surrounding Zoning/Land Uses: Lands surrounding the project area consist of the former Pepeekeo Sugar Mill and unimproved abandoned sugarcane lands and cane haul roadways. Lands to the north are zoned A -20a, and RS -7.5. Kulaimano Homesteads is located to the south and zoned A -5a, and there are properties zoned RS -10 to the west of the subject area. 9. ALISH: The portion of the property proposed for the ML zoning is shown on the ALISH maps as "Prime" agricultural land. This area actually contains the former baseyard, motor pool, warehouse, and office structure for the former Hilo Coast Processing Co. and the land is for the most part covered by concrete and asphalt. The remainder of the property in the rezoning and SMA permit application is shown as "Existing Urban Development" on the ALISH map because this area contained the mill camp and other structures when the map was prepared. 10. Land Study Bureau's Detailed Land Classification System: "C" or " Fair" with "E" or "Very Poor' in the gulches. 11. U.S. Soil Survey: Hilo Series - HoC (0 to 10 percent slopes), HoD (10 to 20 percent slopes) and HoE (20 to 35 percent slopes). The Hilo series consists of well -drained silty clay loams. Hilo soils are used for sugarcane, truck crops, orchards and pasture. For HoC series, permeability is rapid, runoff is slow and the erosion hazard is slight. For the HoC and HoD series, runoff is medium and the erosion hazard is slight to moderate. 12. FIRM: Zone "X", areas determined to be outside the 500 -year flood plain. Much of the property is a sea cliff, 60-100 feet high, and not subject to tsunami inundation. There is reason for some concern about tsunami inundation around Pepeekeo Point where the land slopes more gradually to the sea, and where one source reports tsunami inundation 27 feet above sea level in 1946. (Volcanoes in the Sea, MacDonald and Abbott, 1970 ed., at p. 258.) The FIRM's "X" designation may result from the fact that many areas on the island have not been thoroughly mapped for flooding or tsunami inundation. 13. Air Quality: Air quality in the subject area is mostly affected by emissions from natural and vehicular sources, as well as the volcanic haze from Kilauea Volcano. According to the applicant, although the Hilo Coast Power Plant is located within the area, the plant is not a large sources of pollutant and would not contribute to air pollution within the vicinity of the project area. -4- 14. Noise Quality: As the Kulaimano Heights Subdivision is located in the vicinity of the project area, existing background ambient noise levels in the project area are similar to levels in the surrounding area. Noise levels in the area are affected by the traffic on the Hawaii Belt Road. The large size of the parcels to be created will mitigate any possible visual or noise impacts within the area. The proposed limited industrial zoned lot will be located a significant distance from the urban/residential area and will be surrounded by agricultural lots ranging in size from 10 to 20 acres. According to the applicant, the large size of the surrounding parcels is adequate to mitigate any possible visual or noise impacts within the area. There is a potential for some noise impact from the Hilo Coast Power Plant. 15. Scenic and Visual Resources: The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from the Hawaii Belt Road. The properties are not listed as a distinctive and identifiable landmark as identified in the General Plan. 16. Flora/Fauna Resources: The project area's existing terrain is marked by a dense overgrowth of ground cover, guava, ironwood trees, kukui nut trees and abandoned sugarcane. The project area is absent of any active agricultural activity. According to the applicant, there are no rare, threatened or endangered species in the immediate area. The overall impact on the existing flora is expected to be negligible since the plants are alien and introduced species. The applicant has also stated that there are no rare or endangered species of fauna present in the area, as it is not within the critical habitat for protected species. 17. Archaeological/Historical Resources: The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan. On April 29, 2003, Paul H. Rosendahl, Ph.D., Inc. requested a "no effect" determination from the State Department of Land and Natural Resources Historic Preservation Division for the subject properties. By memo dated September 9, 2003, the State Department of Land and Natural Resources Historic Preservation Division indicated that they believe "there are no historic properties present because intensive cultivation has altered the land, and an acceptable archaeological assessment or inventory survey found no historic properties. -5- Thus, no historic properties will be affected by this undertaking." (See Exhibit C - Memo from Dr. Paul H. Rosendahl to Dr. P. Holland McEldowney, State Historic Preservation Division, dated April 29, 2003) 18. Cultural Resources: Except for fishing along the shoreline, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. 19. Public Access: The Pepeekeo Mill Road has been used by the public to travel to the shoreline at Pepeekeo Point and adjoining areas for many years. Until the mid -1970's, there was a considerable community of about 150 homes at the Pepeekeo Mill Camp. The public has used the rocky shoreline in this area for fishing, `opihi picking, and beachgoing on an informal basis for many years. Until recently, however, this access did not have any recognized formal legal status. As established by the Settlement Agreement and a later subdivision of adjoining property, Pepeekeo Mill Road is a public vehicular access to the shoreline. In the larger area owned by Continental Pacific and covering about 1,300 acres and three miles of shoreline, there will be a continuous lateral pedestrian path along the coast near the top of the sea cliff. Generally, this will be a 10 -foot wide path within 25 feet or so of the top of the sea cliff. There will be vehicular access on old plantation roads parallel to the shore. There are five mauka-makai pedestrian paths from those plantation roads to the coastal path. In the area covered by this SMA permit application and rezoning, the Pepeekeo Mill Road will serve as the vehicular access, and the coastal trail starts near the end of the Pepeekeo Mill Road. There is a designated parking area at this point. The shoreline trail has generally been delineated on the subdivision map but the final route has not yet been decided because of terrain problems in a few locations. 20. Traffic: In their memo dated July 22, 2003, the State Department of Transportation (DOT) requested that a traffic assessment report be prepared and submitted for review and approval. The DOT has requested that the report evaluate and address impacts (if any) of the proposed development on the State highway facilities. PUBLIC UTILITIES AND SERVICES 21. Access: Access to the properties is via Hawaii Belt Road, a State owned two-lane paved roadway within a 100 -foot right-of-way. The primary subdivision roadway will be the -6- Pepeekeo Mill Road, an existing 20 to 30 -foot wide asphalt -concrete paved roadway within a 60 -foot right-of-way. The secondary subdivision roadway ("Beach Road") will consist of an 18 -foot wide asphalt -concrete paved gravel roadway to be held in private ownership and maintained by lot owners in the subdivision. 22. Water: According to the applicant, the nearest County municipal water system is located along the Old Mamalahoa Highway. Based on pre-existing lots of record, the applicant has obtained a commitment of 55 units of water from the County and has constructed a 50,000 -gallon holding water tank to provide a private potable water system to oceanfront lots within the SMA. Some of this is allocated to the adjoining Agricultural -zoned subdivision but there are sufficient units available for the 11 proposed residential lots. The proposed Limited Industrial area (Lot 91) will be allotted one unit of water. 23. Drainage: There are no major drainageways or other surface water features on the property. According to the applicant, all project -generated runoff will be disposed of on- site, so as not to impact the surrounding area. 24. Wastewater: The project will be serviced by private individual wastewater septic systems meeting the State Department of Health's Water Quality Standards. The Department of Environmental Management Wastewater Division recommends the connection of structures to the public sewer where properties are accessible to the sewer. 25. Solid Waste: Solid waste will be collected by commercial haulers and disposed of at the East Hawaii landfill. 26. Essential Utilities and Services: All utilities are available to the site. Police services are located approximately 10 miles from the site in Hilo, and fire services are available from the Central and Kaumana Stations. Emergency services are available from the Hilo Medical Center on Waianuenue Avenue in Hilo. AGENCIES'/ASSOCIATION COMMENTS 27. Police Department (July 2, 2003 Memo): "Staff has reviewed the above -referenced application and has no comments or objections to offer at this time." 28. Department of Public Works: (See Exhibit D - September 15, 2003 Memo) 29. Fire Department: (See Exhibit E - July 3, 2003 Memo) 30. Department of Environmental Management Wastewater Division: (See Exhibit F - -7- July 15, 2003 Memo) 31. Department of Parks and Recreation: (See Exhibit G - July 23, 2003 Memo) 32. State Land Use Commission: (See Exhibit H - July 18, 2003 Letter) 33. Department of Land and Natural Resources Historic Preservation Division: (See Exhibit I - September 9, 2003 Memo) 34. Department of Land and Natural Resources Commission on Water Resource Management: (See Exhibit J - July 17, 2003 Memo) 35. Department of Land and Natural Resources Engineering Division: (See Exhibit K - July 16, 2003 Memo) 36. Department of Transportation: (See Exhibit L- July 22, 2003 Letter) 37. Department of Health: (See Exhibit M -July 3, 2003 Memo) 38. Department of Education: (See Exhibit N - July 11, 2003 Letter) 39. Hamakua Soil and Water Conservation District: (See Exhibit O - July 7, 2003 Letter) AGENCIES - NO COMMENTS 40. Department of Land and Natural Resources Division of Forestry and Wildlife AGENCIES - NO RESPONSES 41. Department of Water Supply, Natural Resources Conservation Services, HELCO APPLICANT'S RESPONSE 42. (See Exhibit P - August 19, 2003, September 11, 2003 and September 16, 2003 Letters) PUBLIC COMMENTS 43. The Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject applications. -8- COUNTYENVIRONMENTAL REPORT CR^E'ry O OF PL01ijIg WT STATE LAND USE BOUNDARYAMENDMENT CHANGE OF ZONE APPLICATION SPECIAL 1V ANAGEMENT AREA USE PERMIT at Makahan:,loa, Pepeekeo and Kahua, District of South Hilo, Hawaii TMKs: (3) 2-8-07:por. 01 and por. 53 Prepared for: Continental Pacific, LLC Prepared by: Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 September, 2002 EXHIBIT Af FILE COPY Do Not Romove Table of Contents State Land Use Boundary Amendment Application Change of Zone Application Form Residential Questionnaire Industrial Questionnaire Special Management Area Application Form Letters of Authorization 1.0 PROJECT DESCRIPTION ................................................ 1 1.1 Summary of Request ............................................... I 1.2 Project Objectives.................................................2 1.3 Existing Land Use ................................................. 3 1.4 Development Program .............................................. 3 1.5 Development Timetable ............................................. 4 2.0 CONFORMANCE WITH STATE AND COUNTY PLANS ...................... 4 2.1. Statutory Authority for Submittal of Concurrent Applications and Applications for 15 Acres or Less ............................ 4 2.2 Chapter 205, Hawaii Revised Statutes (HRS) - Land Use Commission ........ 5 2.3 Section 15-15-18, Hawaii Administrative Rules (HAR) ................... 6 2.4 Chapter 28, Hawaii County Code (HCC) ............................... 7 2.5 Hawaii County General Plan ......................................... 8 2.6 Northeast Hawaii Community Development Plan ........................ 14 2.7 Hawaii County Zoning ............................................. 15 2.8 Hawaii State Plan ................................................ 17 2.9 Chapter 343, HRS (Environmental Impact Statement) ..................... 18 2.10 Proposed Actions in Relation to the Objectives and Policies and Provided by Chapter 205A-2, HRS and the County Special Management Area (SMA) Guidelines ...................................... 18 2.11 Special Management Area (SMA) Guidelines ........................... 25 3.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION .................................. 28 3.1 Physical Environment ................................................ 28 3.1.1 Geology, Physiography and Climate .......................... 28 3.1.2 Soils...................................................28 3.1.3 Flora and Fauna .......................................... 29 3.1.4 Valued Cultural, Historical or Natural Resources ............... 30 3.1.5 Natural Hazards .......................................... 31 -I- 3.1.6 Air and Noise Quality ..................................... 32 3.1.7 Scenic and Visual Resources ................................ 33 3.2 Public Services and Engineering Requirements ............................ 34 3.2.1 Schools.................................................34 3.2.2 Parks and Recreation ...................................... 34 3.2.3 Fire, Emergency Medical and Police Services ................... 34 3.2.4 Water System ............................................ 35 3.2.5 Drainage................................................35 3.2.6 Sewerage System ......................................... 35 3.2.7 Solid Waste Disposal ...................................... 36 3.2.8 Electrical, Telephone and Cable Services ...................... 36 3.2.9 Vehicular Circulation/Traffic................................ 36 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS ....................... 37 4.1 Relationship Between Local Short -Term Use of the Environment and the Maintenance and Enhancement of Long -Term Productivity ................ 37 4.2 Mitigative Measures Proposed to Avoid, Minimize, Rectify, or Reduce Impacts...................................................37 4.3 Alternative to the Project .............................................. 38 4.4 Irreversible and Irretrievable Commitments of Resources .................... 39 5.0 AGENCIES CONTACTED ............................................... 39 STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) 7 PLANNING DEPARTMENT ;002 SEP 18 PM 5 53 ? C3 JUL ] 5 vm i � 58 PL"P!�!I� PLANNING DEPARTMENT (t pe pri legibly ps'r' , Trequested information) COUNTY OF HNVAII AkkETITIONER: Continental Pacific, LLC ,1L PETITIONER'S SIGNATURE: See attached authorization letters ADDRESS: 36 Poko Place, Hilo, HI 96720 PETITIONER'S INTEREST IF NOT TE: TELEPHONE: (Bus.) 969-3076 (Res.) (Fax) 969-7046 Continental Pacific, LLC (93% undivided interest) LANDOWNER(S): Pappaken Soil and Mulch Company. LLC (79, undivided interest) LANDOWNER SIGNATURE(S): See attached authorization letters DATE: (May be by letter) ADDRESS: 36 Poko Place Hilo HI 96720 TAX MAP KEY: 2-8-07: por. 53 STREET ADDRESS OF PROPERTY: ZONING: A -20a SIZE OF PROPERTY: approximately 3.344 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Steven S.C. 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE: (Bus.) 935-6644 (Res.) (Fax) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Continental Pacific, LLP COPIES: Steven S.C. (See Instructions on Reverse Side) • CHANGE OF ZONE APPLICATION COUNTY OF HAWAII•, 02 SEF 18 Pfd 5 53 PLANNING DEPARTMENT (Type or legibly print the requested inform atNN �op),NItJG DEPARTMENT CAAOvUNTY OF HAWAII APPLICANT: Continental Pacific, LLC APPLICANT'S SIGNATURE: See attached authorization letters DATE: EOJ• nat t LIST APPLICANT'S INTEREST IF NOT LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 969-3076 (Res.) (Fax) 969-7046 Continental Pacific, LLC (93%) / Pepeekeo Soil and Mulch Company, LLC LANDOWNER(S): Makal a Farms. r1C (any)/ Rrpwpr Enid rnrumpntn3. Inclijgrrisq. r_.T_�n (607,) LANDOWNER SIGNATURE(S): See attached authorization letters DATE: (May be by letter) LANDOWNER(S) ADDRESS: ML -20 and CV -10 REQUEST: A -20a to ML -20(2 - (Existing zoning) TAX MAP KEY: 2-8-07:01 and 53 STREET ADDRESS OF PROPERTY: :por. 01); MG -5 to RS -20 (2-8-07:por. 53) (Proposed Zoning) SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: approximately 12.640 acres AGENT: Steven S. C. ADDRESS: Carlsrnith Ball i I P 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE: (Bus.) 935-6644 (Res.) (Fax) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Continental Pacific, LLP COPIES: Steven S.C. (See Instructions on Reverse Side) 0 0 ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 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 quesfion 3. a. How many acres of the requested area do you intend to subdivide? all b. Into what lot sizes? 2 to 4 acres C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? one-month 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 Lots 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. go a 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has W plans? d. Keep it? e. other (please state) f. If you intend to do either a, b, or 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 proposed subdivision will offer both independent farmers and agricultural employees, as well as those seeking the lifestyle opportunities, with a supply of readily available housing and residential zoned lands within close proximityto existing infrastructure and supportive public services. 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? -2- 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. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? Yes If so, what kind? 8 or 16 -ft. wide A.C. paved and gravel roadway to be held in private ownership and maintained by lot owners within the subdivision. Is the road adequate for the proposed traffic volume or load? Yes 8. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. Schools b. Roads c. Sewer d. Drainage e. police Protection -3- yesImo f7 X go • Yes ND f. Fire Protection X g Recreational Facilities % h. Public Utilities X 1. other R For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: Telephone: Date: 6337A/50A -4- P.D. 5/84 c„o arrnrhed authorization letter 2 go • ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? If yes, please answer the rest of question I and then to question 3. Yes a. How many acres of the requested area do you intend to subdivide? approx. 4 acres b. Into what lot sizes? 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? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. Map attached. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has no plans? d. Keep it? e. other (please state) approx. 4 acres one month 49 0 f. If you intend to do either a, b, or 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. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? Nn if so, please elaborate on your findings in the space provided below. The County Planning Department agrees in principle that the ML zoning is consistent with the historial use of the area, and that an area of ML is needed to support the agricultural uses in the general area. The rezoning request is being submitted pursuant to the terms and conditions under that certain Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC lands entered into by and between Applicant and the County of Hawaii Planning Department dated April 12, 2002. 2- fe • 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? W If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? Yes If so, what kind? Former Hilo Coast Processing baseyard warehouse and office space. What do you intend to do with those buildings if your request is approved? The structures will remain as is. 7. Is the subject land currently being used for any agricultural activity? Yes if so, please list the kinds of products grown on and how many square feet or acres of land per product? Leasing of land for pasture activities. -3- 0 • 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. g. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Y.es— lo. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? -4- yes NO a. Schools x b. Roads X C . Sewer X d. Drainage % X e. Police Protection x f. Fire Protection Recreational Facilities x g h. Recreational Facilities x i. Other -4- For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No. The project area encompassess the former Pepeekeo Sugar Mill and its sugarcane cultivation and processing operations. In addition, the properties within the project area are not among those listed as historic properties in the Hawaii State Register of Historic Places or Natinal Register of Historic Places. Signature: Address: Telephone: Date: -5- 6338A/50A P. D. 5/84 See attached authorization letters 0 • SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Continental Pacific, LLC APPLICANT'S SIGNATURE: See attached authorization letters DATE: ADDRESS: 36 Poko Place, Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 969-3076 (Res.) (Fax) 969-7046 Continental Pacific, LLC (93%) / Pepeekeo Soil and Mulch Company, LLC LANDOWNER(S):"" ' ' rtr !4n%1 / Rrewer Environmental Industries LLC (60%) LANDOWNER SIGNATURE(S): See attached authorization letter DATE: (May be by letter) LANDOWNER(S) ADDRESS: REQUEST: To allow for the develooment of 22 single-family residential and agricultural lot subdivision and related _ improvements - - TAX MAP KEY: 2—$-07 : por. 01 and por. 53 ZONING: RS -7.5, A -20a, MG -5a, CV -10, ML SIZE OF PROPERTY OR AFFECTED AREA(S): 97.7 - AGENT: 7 AGENT: Steven S.C. ADDRESS: 121 Waianuenue Avenue Hilo, Hawaii 96720 TELEPHONE: (Bus.) 935-6644 (Res.) (Fax) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Continental Pacific, LLP COPIES: Steven S.C. Lim, Esq. to • Tax Map Key: (3) 2-8-07:01 Pepeekeo, Kabua and Makahanaloa, District of South Hilo Island, County and State of Hawaii The undersigaed are the fee owners of the real property above -identified, atui hereby authorize, Carlamith Ball LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. CONTINENTAL PACIFIC, LLC, a Delaware limited liability company i3y JA ah AHenderson Manager PEYEEKEO SOIL AND MULCH COMPANY, LLC, a Hawail limited liability company Coitfluental Pacific, LLC Its Manager s -� J6iah A. Henderson Its Manager and sworn to before me this .y,o£May, 20¢7 s, My cornmissio(expVA: 0 9 -a -dtiVJ I 0 0 Tan Map Key: (3) 2.8-07:53 . Pepeekeo, ICahue and Makehan-�a, District of South Hilo Island, County and Stale of Hawaii The undersigned is the fee owner (60% undivided interest) of the real property above-identi$Cd, 'and hereby authorize Carlamith Ball I -LP, to apply for, execute and process any and Z County, State and fbdesal governmental permit applications, and to participate in proceedings rclaud to avid real property. A photostatic or >eosimile copy of this executed authorization shall also be considered as effective and valid as the original. BREW M EN-MONMENTAL INDUSTRIES, LLC a Hawaii litnite4liabllity company By: BREWER ENVIRONMENTAL INDUSTRIES HOLDINGS, INC. Ita paging BY D Rent T. Lucien Its Vice President Subscarbed and sworn to before me this clay of August, 2002 -ceo 1O , �,dav�h Notary Public, State ofHawaft Lisa K. Nakamoto my eO=1n1osion expired: 1 -6—.20g5 0 0 ICI EF, O"ER'S LETTER OF AUTHORIZATION Tax Map Key: (3) 2-8-07:53 Pepeekeo. Kahua and Makahanaloa, District of South Hilo Island, County and State of Hawaii The undersigned is the fee owner (40% undivided interest) of the re,il property above -identified, and hereby authorize Carlsmith Hall LLP, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall .s1so be considered as effective and valid as the original. Subibed and sworn to before �mme this �'J — day of APgust, 2002�, V 1 V Not Public, State of Hawaii My co mission expires: DEC. 0 5 2003 ive-d 10/10 d ZE9-1 MAUICALOA FARMS, LLC a Hawaii limited liability company By � r — rA. Henderson T s Manager PN_N.» D& ' NOT,g9' �e 10 live HilhsiavD-wo,j wtvo:80 ZO-EZ-11nY Owners: TMK:(3)2-8-07:por. 01: Continental Pacific, LLC, a Delaware LLC TMK:(3)2-8-07:por. 53: Maukaloa Farms, LLC, a Hawaii LLC (as to an undivided 40% interest) and Brewer Environmental Industries, LLC, a Hawaii LLC (as to an undivided 60% interest), Property Makahanaloa, Pepeekeo and Kahua, District of South Hilo on the makai side of the Hawaii Location: Belt Road, approximately 3/4 mile north of Pepeekeo Town and adjacent to the former Pepeekeo Sugar Mill Request: Special Management Area Use Permit to allow for the single-family residential subdivision TMK:(3) 2-8-07:por. 01 TMK:(3) 2-8-07:por. 53 Portion of Bulk Lot 88 (proposed Lots 71 to 81) 'Portion of Lot 92 (proposed Lots 21 and 22) Portion of Bulk Lot 83 (proposed Lot 41) Portion of Roadway Lot 93 ✓ Portion of Bulk Lot 70 (proposed Lots 23 to 30) Portion of Lot 43 and Roadway Lot 93 Change of Zone to allow for the single-family residential subdivision TMK:(3) 2-8-07:por. 01 from Limited Industrial (ML -20) to Single -Family Residential (RS -20) Portion of Bulk Lot 83 Portion of Bulk Lot 70 Portion of Roadway Lot 93 TMK:(3) 2-8-07:por. 01 from Village Commercial (CV -10) to Single -Family Residential (RS -20) Portion of Bulk Lot 70 TMK:(3) 2-8-07:por. 53 from General Industrial (MG -5) to Single -Family Residential (RS -20) Portion of Bulk Lot 70 Portion of Bulk Lot 83 Portion of Roadway Lot 93 Change of Zone and State Land Use Boundary Amendment to support agricultural uses in the general area: TMK:2-8-07:por. 53 (approximately 3.344 acres within Lot 91) from Agricultural (A -20a) to Limited Industrial (ML -20) and State Land Use Agricultural District to Urban District TMK:(3) 2-8-07: por. 01 TMK:(3) 2-8-07:por. 53 SLUC Conservation (along the coastline) Urban (Pepeekeo Point area) Agricultural Urban Agricultural General Plan ("LUPAG") Map Low Density Urban Low Density Urban Zoning Single -Family Residential (RS -7.5) Agricultural (A -20a) Limited Industrial (ML -20) Village Commercial (CV -10) General Industrial (MG -5a) Agricultural (A -20a) Slyly, Along the coastline, approximately 300 ft. from the certified shoreline Along the coastline, approximately 300 ft. from the certified shoreline Land Study Bureau "E" within the gulches "C" remainder "E" within the gulches "C" remainder ALISH Prime Prime Archaeological Resources Not listed in GP, National or State Register Not listed in GP, National or State Register Flora/Fauna Vacant Vacant Scenic and Open Space Resources Not listed in GP Not listed in GP Access Hawaii Belt Road Hawaii Belt Road Water System Private potable water distribution system Private potable water distribution system Police and Fire Services Services available Services available Utilities Services available Services available Wastewater Septic System Septic System 0 0 County Environmental Report Continental Pacific, LLC 1.0 PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Continental Pacific, LLC (hereinafter referred to as "Applicant') is proposing a subdivision of single-family residential lots and agricultural lots to be known as the "Pepeekeo Point Subdivision". The Subdivision consists of 92 pre-existing lots of record, which the Applicant is proposing to reconfigure to create 92 lots, ranging in size from approximately 1.6 to 27 acres, and three bulk lots of approximately 296.57 acres (Bulk Lot 70), 4562.21 acres (Bulk Lot 83) and 68.16 557 acres (Bulk Lot 88). The Subdivision will not involve an increase in density for this Project Area. Final Subdivision approval was granted by the Planning Department on January 27, 2003 under Subdivision No. 7644. The Subdivision is located makai of the Hawaii Belt Road, approximately 3/4 miles north of Pepeekeo Town and at Pepeekeo, Makahanaloa, Kahua, Makea and Haliilau, District of South Hilo, Hawaii (Exhibit A -location map; Exhibit B -tax map). The tax map key parcels relative to the instant applications are particularly identified as TMKs:(3) 2-8-07:por. 01 and por. 53 at Makahanaloa, Pepeekeo and Kahua, District of South Hilo (Exhibit C -site plan) as follows: Special Management Area Use Permit: • TMK:2-8-07:por.01 Portion of Bulk Lot 88 (proposed Lots 71 to 81) Portion of Bulk Lot 83 (proposed Lot 41) Portion of Bulk Lot 70 (proposed Lots 23 to 30) Portion of Lot 43 Portion of Roadway Lot 93 TMK:2-8-07:por. 53 Portion of Lot 92 (proposed Lots 21 and 22) Portion of Roadway Lot 93 Change of Zone: • TMK:2-8-07:por. 01 from Limited Industrial (ML -20) to Single -Family residential (RS -20) Portion of Bulk Lot 83 Portion of Bulk Lot 70 Portion of Roadway Lot 93 TMK:2-8-07:por. 01 from Village Commercial (CV -10) to Single -Family Residential (RS -20) Portion of Bulk Lot 70 Page 1 0 • County Environmental Report Continental Pacific, LLC TMK:2-8-07:por. 53 from General Industrial (MG -5) to Single -Family Residential (RS -20) Portion of Bulk Lot 70 Portion of Bulk Lot 83 Portion of Roadway Lot 93 Change of Zone and State Land Use Boundary Amendment: • TMK:2-8-07:por. 53 (approximately 3.344 acres within Lot 91) from Agricultural (A -20a) to Limited Industrial (ML -20) and State Land Use Agricultural District to Urban District Land Ownership: • TMK:2-8-07:01 is owned by Continental Pacific, LLC, a Delaware LLC (Exhibits D1 and D2 -Deeds) TMK:2-8-07:53 is owned by Maukaloa Farms, LLC, a Hawaii LLC (as to an undivided 40% interest) and Brewer Environmental Industries, LLC, a Hawaii LLC (as to an undivided 60% interest) (Exhibits D3 and D4 -Deeds). 1.2 PROJECT OBJECTIVES The project concept for the "Pepeekeo Point Subdivision" will be focused on an urban/residential core, which will be surrounded by smaller agricultural lots. In addition, limited industrial zoned lot will be created to provide the needed support services for the agricultural uses in the general area. The location and composition of the existing housing inventory within the Pepeekeo community was a direct result of the employment opportunities in the sugar industry. The Pepeekeo community has changed in size and lifestyle with the demise of the sugar industry and closure of Hilo Coast Processing which resulted in the loss of the sugar company's rental housing program. A diversified agricultural industry has since emerged creating new opportunities for the small independent farmer and entrepreneur to utilized former sugarcane lands. The South Hilo district is well-known for the cultivation of flowers and nursery products, and the commercial growing of ornamental plants is now the largest agricultural product grown in the district. The increasing role of agriculture in the region requires that flexibility in choice of location and price be made available for residential development. The proposed subdivision will offer both independent farmers and agricultural employees, as well as those seeking lifestyle opportunities, with a supply of readily available housing and residential zoned lands within close proximity to existing infrastructure and supportive public services. This County Environmental Report has been prepared according to the requirements of Section 25-2-42 of the Hawaii County Code, and has been prepared in support of the Change of Zone, State Land Use Boundary Amendment and SMA Use Permit applications for the Project. Page 2 • 0 County Environmental Report Continental Pacific, LLC In addition, the instant applications are being submitted pursuant to the terms and conditions under that certain Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands, entered into by and between the Applicant and the County of Hawaii Planning Department, dated April 12, 2002 ("Settlement Agreement") (Exhibit G - summary of Settlement Agreement terms and conditions). 1.3 EXISTING LAND USE The Hilo Coast Processing Company's base yard warehouse and office space structure is located on a portion of the Project Area proposed for State Land Use Boundary Amendment and Change of Zone (TMK: 2-8-07:por. 53). The remaining Project Area is vacant of any structures, and is heavily vegetated with abandoned sugarcane, guava, kukui nut trees, and other noxious alien plant species. Lands to the north, south and west of the Project Area consist of the former Pepeekeo Sugar Mill and unimproved abandoned sugarcane lands and cane haul roadways. These lands are classified "Conservation" along the sea cliffs, and "Urban" and "Agricultural" further inland by the State Land Use Commission under Boundary Interpretation No. 02-04 (Exhibit H - SLU Boundary Interpretation No. 02-04). The Project Area is zoned "Single -Family Residential", with a minimum lot size of 7,500 square feet (RS -7.5), Limited Industrial, with a minimum lot size of 20,000 square feet (ML -20), Village Commercial, with a minimum lot size of 10,000 square feet (CV -10), General Industrial, with a minimum lot size of 5 -acres (MG -5a), and Agricultural, with a minimum lot size of 20 -acres (A -20a) under the Hawaii County Zoning Code (Exhibit E - zoning map). The LUPAG map designates the Project Area along the shoreline as "Open," inland as "Low Density", and "Industrial" at the former Pepeekeo Sugar Mill. Lands along the shoreline are located within the Shoreline Management Area (SMA), and lands further inland are located outside of the SMA. The Pacific Ocean borders the Project Area along the eastern boundary. Shoreline certification was obtained on December 30, 2002 (Exhibit I - shoreline certification). 1.4 DEVELOPMENT PROGRAM The Applicant is proposing to reconfigure the 92 pre-existing lots of record into 92 single-family residential and agricultural lots, ranging in size from approximately 1.6 to 27 acres, and three bulk lots of approximately 296.57 acres (Bulk Lot 70), 4562.21 acres (Bulk Lot 83) and 68.16 557 acres (Bulk Lot 88). The proposed development will not involve an increase in density. Access to the Project will be from the Hawaii Belt Road, a State owned and maintained two-lane paved roadway within a 100 -foot right-of-way, which will connect to interior subdivision roadways. Page 3 0 i County Environmental Report Continental Pacific, LLC The primary subdivision roadway within the Project will be the existing 20 to 30 -ft. wide A.C. paved roadway known as the Pepeekeo Mill Road. Secondary subdivision roadways within the Project will consist of an 8 or 16 -ft. wide A.C. paved and gravel roadway to be held in private ownership and maintained by lots owners within the Subdivision. Each lot purchaser will be responsible for grading their own lots and building their own homes. The design of the homes will be monitored as determined by a homeowner's design committee, to assure quality house design and construction. Design guidelines and restrictive covenants may be used by the design committee as a basis for the design review and approval. 1.5 DEVELOPMENT TIMETABLE Final Subdivision approval was granted by the Planning Department on January 27, 2003 under Subdivision No. 7644. The consolidation and resubdivision plan for the properties under the instant Application is expected to be submitted within one month of receipt of governmental approvals (SMA Use Permit, Change of Zone and State Land Use Boundary Amendment). Based on current market conditions, the Project lots are expected to be developed and sold over an approximately three to five year period. 2.0 CONFORMANCE WITH STATE AND COUNTY PLANS 2.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS. Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-9 (b)(Applications including lesser actions; concurrent applications) provides that: "b. Two or more applications involving the same building site or the same project requiring commission action may be considered concurrently by the commission, provided that the commission decision on each application shall be issued separately by the commission." Hawaii County Planning Commission Rule No. 13 (State Land Use Boundary Amendment), Sections 13-1 (Purpose and Authority) and 13-8 (Consolidated Proceeding with Other Land Use Changes) provide as follows: Page 4 0 • County Environmental Report Continental Pacific, LLC "This rule governs State Land Use district boundary amendment procedures pursuant to authority conferred by Section 205-3.1 of the Hawaii Revised Statutes and Chapter 28 of the Hawaii County Code, which allow the County to amend State Land Use District boundaries for lands fifteen acres or less located in the State Land Use Urban, Rural, and Agricultural Districts." "A petition for a district boundary amendment may be submitted simultaneously with other land use changes and applicable permits for consolidated review and processing, including any hearings." 2.2 CHAPTER 205, HAWAII REVISED STATUTES (LAND USE COMMISSION) Currently, a portion of TMK:2-8-07:por. 53 (approximately 3.344 acres) is designated within the "Agricultural" District by the State of Hawaii Land Use Commission. To implement the Project, a district boundary amendment conforming to the State of Hawaii Land Use Commission Hawaii Administrative Rules, (Title 15, Subtitle 3, Chapter 15, Subchapter 8, Section 15-15-77(d) and Hawaii County Planning Commission Rule No. 13 would need to be approved by the Hawaii County Council. The Applicant is submitting a State Land Use Boundary Amendment Petition for the approximately 3.344 -acre portion within the Project Area (TMK:2-8-07:por. 53) with an application for Change of Zone. The proposed boundary amendment must conform to the Commission's standards for determining Urban District boundaries as contained within Section 15-15-18. The standards for review of a district boundary amendment pursuant to Rule 13-6 of the Planning Commission Rules of Practice and Procedure requires that consideration be given to the provisions set forth in Section 205-2, HRS, and the purposes of Chapter 28, Hawaii County Code as follows: (a) The extent to which the proposed reclassification conforms to the applicable goals, policies, standards, and course of action of the General plan and implementing ordinances, plans and documents. No amendment shall be approved unless it conforms to the General Plan. However, a proposed amendment may be combined with the request to amend the General Plan. (b) The extent to which the proposed reclassification conforms to the applicable district standards. Page 5 0 • County Environmental Report Continental Pacific, LLC Pursuant to Section 205-2(a)(1), HRS, the State Land Use Commission shall set standards for determining the boundaries of each district provided that in the establishment of boundaries in the Urban Districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included. In addition, the Commission shall give consideration to the master plan or general plan of the County in establishing the boundaries of the districts in each county. Section 205-3.1(c), HRS, provides that district boundary amendments involving land areas of fifteen acres or less, except in Conservation Districts, shall be determined by the appropriate county land use decision-making authority for said district and shall not require decision by the Land Use Commission pursuant to Section 205-4, HRS. 2.3 SECTION 15-15-18, HAWAII ADMINISTRATIVE RULES ("HAR") The standards for determining Urban District boundaries are set forth in Section 15-15-18, HAR are as follows: (1) It shall include lands characterized by "city -like" concentrations of people, structures, streets, urban level of services and other related land uses; (2) It shall take into consideration the following specific factors: (A) Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; (B) Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation system, public utilities, and police and fire protection; and (C) Sufficient reserve areas for foreseeable urban growth; (3) It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil conditions, and other adverse environmental effects; (4) Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for further urban use on state or county general plans; (5) It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans; Page 9 County Environnsental Report Continental Pacific, LLC (6) It may include lands which do not conform to the standards in paragraphs (1) to (5): (A) When surrounded by or adjacent to existing urban development, and (g) Only when those lands represent a minor portion of this district. (7) It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services; and (8) It may include lands with a general slope of twenty per cent or more if the commission finds that hose lands are desirable and unsuitable for urban purposes and that the design and construction control, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. 2.4 CHAPTER 28, HAWAII COUNTY CODE ("HCC") Section 28-6, HCC, provides that in reviewing a district boundary amendment petition, consideration shall be given to the purposes of the existing and proposed districts and no amendment shall be approved unless it conforms to the General Plan. Discussion: For the reasons set forth below, the Applicant believes that the proposed State Land Use reclassification from the Agricultural District to the Urban District is consistent with the goals, policies and standards of the General Plan and LUPAG map "Low Density" designation. In addition, the reclassification conforms to the guidelines and standards set -forth in Sections 205-2 and 205-3.1(c), HRS, Chapter 28, HCC, and Section 15-15-18, HAR. The Kulaimano Heights residential subdivision which includes residential development and public service facilities is located to the west of the Project Area. These adjacent uses are "city -like" in concentration and the Project would expand this general characteristic. It is in close proximity to the necessary supporting infrastructure and public services. The Project is located in an appropriate location for urban growth, as indicated on the County's General Plan and the LUPAG Map which designate the Project Area as being appropriate areas for ancillary community and public uses. The Project will not contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services as it is located adjacent to and is contiguous With existing State Land Use Urban designation lands; thereby meriting more consideration than non-contiguous land. Public infrastructure including water and utility (electrical, telephone, and cable) lines are currently available to the Property. Page 7 to County Environmental Report Continental Pacific, LLC The Property is located within close proximity to centers of trading and employment in Hilo. Basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation system, public utilities, and police and fire protection are currently available to the Project Area. Given the Project Area's overall slope of 6 to 12 percent, the existing topography and drainage, it is reasonably free from the danger of any flood, tsunami, unstable soil conditions, and other adverse environmental effects and is well suited for urban development. There is no evidence of significant natural drainage features and the Flood Insurance Rate Map (FIRM) indicates the entire Project Area to be outside the area of the 500 -year flood plain. Additionally, the U.S. Geological Survey indicates the Project Area to be within the volcanic and seismic hazard Zone 8, indicating a relatively low exposure to volcanic and seismic hazards. The State Land State Use reclassification from the Agricultural District to the Urban District is being submitted pursuant to the terms and conditions under the Settlement Agreement. The County Planning Department agrees in principle that the Limited Industrial (ML) zoning is consistent with the historical use of the area, and that an area of Limited Industrial (ML) is needed to support the agricultural uses in the general area (Exhibit G - summary of Settlement Agreement terms and conditions). 2.5 HAWAII COUNTY GENERAL PLAN The General Plan for the long-range comprehensive development and balanced growth within the County includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the Reclassification Area as "Low Density Urban". The Low Density Urban designation allows for single-family residential in character, ancillary community and public uses, and convenience type commercial uses. The proposed State Land Use reclassification would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan as follows: Economic: Goal: • Provide residents with opportunities to improve their quality of life. Policies: • The County of Hawaii shall strive for an economic climate which provides its residents an opportunityfor choice of occupation. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Page 8 0 County Environmental Report Continental Pacific, LLC Discussion: The proposed Project will provide short-term construction -related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in tum can be used to provide needed public services and facilities. Additionally, the Project will provide new housing opportunities for residents in a well planned and secure neighborhood environment. The requested rezoning would complement the Single -Family Residential zoning and land use of adjacent parcels and will help to retain the overall rural ambience of Pepeekeo, thereby promoting the County's economic goals in harmony with its social and physical environments. Environmental Quality: Goal: • Maintain and, iffeasible, improve the existing environmental quality of the island. Discussion: The Project will not result in any significant adverse effect on the environment. Those potential short-term adverse effects on the surrounding area associated with construction activities, such as potential noise, air quality, or drainage impacts would be reduced or eliminated through the implementation of appropriate mitigative measures as detailed in this report. Flood Control and Drainage: Goals: • Conserve scenic and natural resources. • Prevent damage to man-made improvements. • Reduce surface runoff and sediment runoff. Policy: • All development -generated runoffshall be disposed of in a manner acceptable to the Department of Public Works. Discussion: The Project is a low -profile development that will not affect scenic view planes in the area. It is not located within any flood way or flood plain. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. Historic Sites: Goal: • Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Discussion: The Properties within the Project Area are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and are not profiled as significant cultural and/or historic sites in the General Plan within the South Hilo district, and in the Northeast Community Development Plan. The proposed subdivision will encompass Page 9 40 • County Environmental Report Continental Pacific, LLC abandoned sugarcane lands and cane haul roadways and will not involve an irrevocable commitment to loss or destruction of any historic sites. Natural Beauty: Goals: • Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. • Protect scenic vistas and view planes from becoming obstructed. Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: The natural beauty of the South Hilo district is dominated by Mauna Kea and Mauna Loa. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from the Hawaii Belt Road. Although vacant of any structures, the Properties within the Project Area are heavily vegetated with abandoned sugarcane, guava, kukui nut trees, and other noxious alien plant species. The Properties within the Project Area are also not listed as a distinctive and identifiable land form distinguished as landmarks or as having a frontyard vista of distinctive features as identified in the General Plan within the South Hilo district, nor in the Northeast Hawaii Community Plan. Natural Resources and Shoreline: Goals: • Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. • Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. • Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. • Ensure that alterations to existing land forms and vegetation, except crops and construction ofstructures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger offoods, landslides, erosion, siltation, orfailure in the event of an earthquake. Policies: • The shoreline of the island of Hawaii shall be maintained for recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. • The shoreline shall be protected from the encroachment of man-made improvements and structures. Discussion: The coastal area has been used for fishing and ocean viewing activities. Public access to the former Pepeekeo Sugar Mill and old camp is recognized in the County of Hawaii Public Access to the Shoreline Inventory (1979). The Applicant will provide five Page 16 fe • County Environmental Report Continental Pacific, LLC pedestrian foot traffic public access and parking easements within the Subdivision (Exhibit C - site plan). Therefore, the Project will not reduce the size of the coastline or other areas used for public recreational activities, and should not impact upon recreational resources, since mauka-makai public shoreline access along with lateral public access along the oceanfront of the Project Area will be available. Housing: Goals: • Attain safe, sanitary and livable housing for the residents of the County of Hawaii. • Maintain a housing supply which allows a variety of choice. • Develop betterplaces to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. Discussion: As stated previously, the Project is intended to replenish the existing inventory of rural residential lots in South Hilo. The Subdivision will offer both independent farmers and agricultural employees, as well as, those seeking the lifestyle opportunities, with a supply of readily available housing and residential zoned lands within close proximity to existing infrastructure and supportive public services. The Project will be constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities: Goal: • To have public utilityfacilities which are designed to fit into their surroundings or concealed from public view. Policy: All water systems shall be designed and built to Department of Water Supply standards. Discussion: All utilities for the Project will be installed and constructed in accordance with State and County design standards and requirements. The Project will comply with the State Department of Health's wastewater requirements. Recreation: Goals: • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. Page 11 46 • County Environmental Report Continental Pacific, LLC Policy: • Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. Discussion: The coastal area has been used for fishing and ocean viewing activities. Public access to the former Pepeekeo Sugar Mill and old camp is recognized in the County of Hawaii Public Access to the Shoreline Inventory (1979). The Applicant will provide five pedestrian foot traffic public access and parking easements within the Subdivision. Therefore, the Subdivision will not reduce the size of the coastline or other areas used for public recreational activities, and should not impact upon recreational resources, since mauka-makai public shoreline access along with lateral public access along the oceanfront of the Project will be available. Land Use - Industrial Goals: • Designate and allocate lands uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic communityfacilities and utilities. Policies: • It shall be the policy of the County to achieve a broader diversification of local industrial by providing opportunities for new industrial and strengthening existing industries. • The concept of a 'floating zone " shall be used to allow for the future development of industrial areas. • Industrial development shall be located in areas adequately served by transportation, utilities, and other amenities. Redeveloping or newly developing areas shall be developed in concert with programmed public and privatelyfunded infrastructure to meet the expected needs. • The County shall review the Zoning Code in light of emerging new industries and shall establish new land use regulations as necessary. Standards: • Industrial development shall maintain or improve the quality of the present environment. • Topography of industrial land shall be reasonably level. • Industrial development shall be conveniently located in its labor resource. • Buffer zones shall be established between industrial and adjacent noncompatible uses of land. Discussion: The Project supports the goals, policies and standards of the Land Use Industrial element through the "Floating Zone Concept" for future industrial area, to allow Page 12 County Environmental Report Continental Pacific, LLC flexibility in locating future needed development which cannot be pinpointed at this time, especially in the more rural areas. The rezoning request of approximately 3.344 acres from the A -20a designation to the ML -20 designation (TMK:2-8-07:por. 53) is being submitted pursuant to the terms and conditions under the Settlement Agreement. The County Planning Department agrees in principle that the limited industrial zoning is consistent with the historical use of the area, and that an limited industrial zoned area was needed to support the agricultural uses in the general area. Land Use -Single -Family Residential Goals: • To maximize choices of single-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single family residential zoned areas. To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. Policy: • Rural -style residential -agricultural developments, such as new small scale rural communities or extension of existing rural communities, shall be encouraged in appropriate locations. Standard: • Areas shall be limited to low-density and medium -density residential uses. Discussion: The increasing role of agriculture in the region requires that flexibility in choice of location and price be made available for residential development. The Subdivision will offer both independent farmers and agricultural employees, as well as those seeking the lifestyle opportunities, with a supply of readily available housing and residential zoned lands within close proximity to existing infrastructure and supportive public services. In addition, the Project will help to replenish the existing inventory of house lots in South Hilo, and in particular in Pepeekeo, thus providing a continued choice of residential units in the area. The Project will be a quality residential community within close proximity to public and private services, shopping centers, and community facilities. Under Section 25-5-1, Hawaii County Code, the Single -Family Residential (RS) district provides for low density residential use, for urban and suburban family life. The proposed rezoning would meet this criteria as the Property is located in a rural agricultural area with existing low density residential lots, is designated for Low Density Urban development under the County of Hawaii's LUPAG map, and is within close proximity to public facilities and services. Page 13 to • County Environmental Report Continental Pacific, LLC 2.6 NORTHEAST HAWAII COMMUNITY DEVELOPMENT PLAN The Northeast Hawaii Community Development Plan ("NHCDP") adopted by the Hawaii County Council on June 26, 1979, is a direct outgrowth of the County General Plan. As a mid-range plan, the NHCDP seeks to further clarify the General Plan policies and establish a more detailed program for implementing the General Plan within the Northeast region of the Island of Hawaii. The proposed Project would be consistent with the goals, policies, standards and courses of action of several functional areas or elements of the NHCDP. The applicable goals, policies, standards and courses of action are as follows: Housing Element Goals: • Encourage safe, sanitary, and livable housing. • To attain diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. Policies: It shall be the policy of the County of Hawaii to assure that safe, sanitary, an livable housing is available to persona of all age, income and ethnic groups and to provide a variety of choice as to location and type. Encourage safe, sanitary, and livable housing. Discussion: The NHCDP recognizes that housing within Northeast Hawaii is largely a function of the population's characteristics, the employment opportunities available and the income derived from them. As stated in the NHCDP "[h]ousing should be provided in a variety of housing types to accommodate the population family size mix. This produces a supply which allows a variety of choice for the population, a goal of the General Plan.... Housing types should provide new housing choice for the population but not drastically alter the lifestyle of the people." (p. 149). The NHCDP recommends that the County continue its support of the Plantation Replacement Housing Programs. It had been the policy of the plantations to replace substandard, widely dispersed, plantation owned housing units which consolidated, new housing units available to plantation employees in fee simple. The program's intent was to eventually eliminate plantation camps as employees relocated, thereby resolving problems associated with substandard housing while providing employees the opportunity to purchase fee simple homes. Unfortunately, the replacement housing program was halted with the closure of the Pepeekeo Sugar Mill, and full build -out was not realized. Page 14 40 ft County Environmental Report Continental Pacific, LLC Land Use Element - Single-family Residential Goals: • To maximize choices of single-family residential lots and/or housingfor residents of the County. • To ensure compatible uses within and adjacent to single-family residential areas. Standard: • Area shall be limited to low-density and medium -density residential uses. Discussion: The LUPAG map designation for the area as low-density development supports the goals and standard of the NHCDP Single -Family Residential Land Use element. The Project is compatible with and compliments the existing Kulaimano Heights subdivision which is located within the area and will provide residents with a mix of housing choices. Land Use Element - Industrial Goal: • Designate and allocate industrial areas in appropriate proportions and in keeping with the social, cultural, and physical environments of the County. Policy: • The concept of a ':floating zone " to allow for the future development of industrial areas shall be incorporated. Standard: • industrial development shall be located in areas adequately served by transportation, utilities, and other amenities. Course of Action: • The County shall identify sites suitable for future industrial activities. Discussion: The NHCDP recognizes that the profile for industrial activity in the South Hilo district is limited almost exclusively to sugar processing (Hilo CoastProcessingCompany mills at Pepeekeo and Papaikou) and related uses. The NHCDP further envisioned that in the event of closure of a sugar plantation, a mill site might become available for another industrial use or be considered for rezoning to another classification. Therefore, the proposed rezoning conforms to the Land Use Industrial element of the NHCDP. 2.7 HAWAII COUNTY ZONING The Hawaii County Zoning Map for the South Hilo District (Exhibit E) designates the Project Area as follows: TMK: 2-8-07:01 Single -Family Residential (RS -7.5) Agricultural (A -20a) Limited Industrial (ML -20) Village Commercial (CV -10) Page 15 a 0 County Environmental Report Continental Pacific, LLC TMK: 2-8-07:53 General Industrial (MG -5a) Agricultural (A -20a) The Applicant proposes the following change of zone to allow the development of the single-family residential lots and industrial area to support the smaller agricultural lots within the Pepeekeo Point Subdivision. • TMK:2-8-07:por. 01 (approximately 1.462 acres within Bulk Lot 83 and Roadway Lot 93) from Limited Industrial (ML -20) to Single -Family residential (RS -20) • TMK:2-8-07:por. 01 (approximately 1. 194 acres within Bulk Lot 70) from Village Commercial (CV -10) to Single -Family Residential (RS -20) • TMK:2-8-07:por. 53 and por. 01 (approximately 6.640 acres within Lot 92 and Bulk Lot 70) from General Industrial (MG -5) to Single -Family Residential (RS -20) • TMK:2-8-07:por. 53 (approximately 3.344 acres within Lot 91) from Agricultural (A -20a) to Limited Industrial (ML -20) Under Section 25-5-1, Hawaii County Code, the purpose and applicability of the Single -Family Residential (RS) district provides for lower or low density residential use, for urban and suburban family life. It applies to areas having facilities, and to carry out the above stated purposes. The area to be rezoned from General Industrial (MG -5), Limited Industrial (ML -20) and Village Commercial (CV -10) to Single Family Residential (RS -20) meets this criteria as the Property is located in a rural area with existing low density residential lots, is designated for Low Density Urban development under the County of Hawaii's LUPAG map, and is within close proximity to public facilities and services. Lands to the north of the Project Area are currently zoned RS -7.5. Under Section 25-5-140, Hawaii County Code, the purpose and applicability of the Limited Industrial district applies to area for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts. The area to be rezoned from A -20a to ML -20 meet this criteria as the rezoned parcel is needed to provide support services for the agricultural uses in the general area. The County Planning Department agrees in principle that the Limited Industrial (ML) zoning is consistent with the historical use of the area, and that an area of limited industrial is needed to support the agricultural uses in the general area. Page 16 40 0 County Environmental Report Continental Pacific, LLC The rezoning requests are being submitted pursuant to the terms and conditions under the Settlement Agreement (Exhibit G - summary of Settlement Agreement terms and conditions). 2.8 HAWAII STATE PLAN The Hawaii State Plan, consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The goals of the Hawaii State Plan and their relationship to the Project are as follows: State Goal Section 226-4, HRS sets forth three components to this plan: (1) To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations, (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people: and (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Project would contribute to the attainment of the three goals in that the Project would expand the availability of residential products available to Hawaii residents and would contribute to the stability, diversity and growth of the local and regional economies. More specifically, the Project would provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled. By providing residential opportunities within a planned setting with nearby opportunities for employment, recreation and access to community services, the Project would encourage a sense of community responsibility and participation in family life. Objectives and policies for socio -cultural advancement -- housing Objective: • The orderly development of residential areas sensitive to community needs and other land uses. Policies: • Effectively accommodate the housing needs of Hawaii's people. • Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. Page 17 40 0 County Environmental Report Continental Pacific, LLC Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Facilitate the use of available vacant, developable, and underutilized urban lands for housing. Discussion: The Hawaii State Plan, Socio -Cultural Advancement -Housing element encourages the orderly development of residential areas sensitive to community needs and other land use and the promotion of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Approval of the requested action should satisfy the foregoing socio -cultural objective and policies relating to housing, by utilizing vacant, developable lands for housing to meet the revitalization of the Pepeekeo community in unison with new opportunities for the small independent farmer and entrepreneur. 2.9 CHAPTER 343, HRS ( ENVIRONMENTAL IMPACT STATEMENT) An Environmental Impact Statement (EIS), as defined by Chapter 343, HRS and by the State Environmental Quality Commission Rules and Regulations, is not required for the use as none of the applicable actions delineated in Section 343-5, HRS, apply to the proposed Project. This County Environmental Report, however, has been prepared to address the environmental and technical considerations of the Project. 2.10 PROPOSED ACTIONS IN RELATION TO THE OBJECTIVES AND POLICIES AS PROVIDED BY CHAPTER 205A-2, HRS AND THE COUNTY SPECIAL MANAGEMENT AREA (SMA) GUIDELINES The Project is located within the Special Management Area and is, therefore, subject to the SMA Rules and Regulations of the County of Hawaii. This environmental report has been prepared in support of an SMA Use Permit Petition for the Project. Chapter 205A, HRS, is the Coastal Zone Management Act ("CZMA") for the State of Hawaii which seeks "to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii" by "maintaining, restoring, and enhancing the overall quality of the coastal zone environment ... its amenities and aesthetic values, and to provide adequate public access to publically owner or used beaches, recreation area and national reserves" by controlling development within an area along the shoreline, the County special management area ("SMA"). Page 18 0 County Environmental Report Continental Pacific, LLC The following addresses the Project's relation to the objectives and policies of Chapter 205A related to Coastal Zone Management and the SMA guidelines as contained within Rule 9 of the County of Hawaii Planning Commission Rules and Regulations. Recreational Resources: Objective: • Provide coastal recreational opportunities accessible to the public. Policies: • Improve coordination and funding of coastal recreational planning and management • Provide adequate, accessible and diverse recreational opportunities in the coastal zone management area. Discussion: The coastal area has been used for fishing and ocean viewing activities. Public access to the former Pepeekeo Sugar Mill and old camp is recognized in the County of Hawaii Public Access to the Shoreline Inventory (1979). The Applicant will provide five pedestrian foot traffic public access and parking easements within the Subdivision. Therefore, the proposed subdivision will not reduce the size of the coastline or other areas used for public recreational activities, and should not impact upon recreational resources, since mauka-makai public shoreline access along with lateral public access along the oceanfront of the Project will be available. Historic Resources: Objective: • Protect, preserve and, where desirable, restore those natural and man made historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Policies: • Identify and analyze significant archaeological resources. • Maximize information retention through preservation of remains and artifacts or salvage operations. • Support state goals for protection, restoration, interpretation and display of historic resources. Discussion: The Properties within the Project Area are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and are not profiled as significant cultural and/or historic sites in the General Plan within the South Hilo district, and in the Northeast Community Development Plan. An archaeological field inspection of the Project Site within the SMA was conducted by PHRI on October 6, 2002. No archaeological evidence of any kind was identified. A request to SHPD for determination of "no historic properties affected" has been submitted (Exhibit J - Request for Determination). Page 19 ft • County Environmental Report Continental Pacific, LLC The proposed subdivision will encompass abandoned sugarcane lands and cane haul roadways and will not involve an irrevocable commitment to loss or destruction of any natural or cultural resources. Accordingly, the proposed action does not conflict with the historic resources objectives and policies which aim to protect, preserve and where desirable restore significant historic and prehistoric resources in the coastal zone management area. Scenic and Open Space Resources: Objective: • Protect preserve and where desirable, restore or improve the quality of coastal scenic and open space resources. Policies: • Identify valued scenic resources in the coastal zone management area. • Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural land forms and existing public views to and along the shoreline. • Preserve, maintain and, where desirable, improve and restore shoreline open space and scenic resources. • Encourage those developments which are not coastal dependent to locate in inland areas. Discussion: The proposed subdivision is not anticipated to change the visual attributes of the existing coastline. The Hilo Coast Processing Company's base yard warehouse and office space structure is located on a portion of the Project Area proposed for State Land Use Boundary Amendment and Change of Zone (TNM: 2-8-07:por. 53) and the remaining Project Area are vacant of any structures, and is heavily vegetated with abandoned sugarcane, guava, kukui nut trees, and other noxious alien plant species. The Properties within the Project Area are also not listed as a distinctive and identifiable land form distinguished as landmarks or as having a frontyard vista of distinctive features as identified in the General Plan within the South Hilo district, nor in the Northeast Hawaii Community Plan. The Project will continue to foster the goals, policies and standards of the scenic and open space resources of the General Plan. Coastal Ecosystems: Objective: • Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Policies: • Improve the technical basis for natural resource management. • Preserve valuable coastal ecosystems ofsignificant biological or economic importance. • Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs. Page 20 so 0 County Environmental Report Continental Pacific, LLC Promote water quantity and qualityplanning and management practices which reflect the tolerance offresh water and marine ecosystems and prohibits land and water uses which violate state water quality standards. Discussion: The coastal resources between the low -tide mark and the upper reaches of the wave -splash zone consist of barren lava sea cliffs 30 to 80 feet in height. The subdivision lots will be configured and engineered to minimize altering of terrain, so as not to increase any potential flood hazards within the Project Area or divert runoff to other properties. Design covenants will further define those drainage improvements appropriate for construction by individual lot owners, and private wastewater systems installed by individual lot owners will prevent subdivision runoff and effluent from migrating to coastal waters and shoreline areas. There is no change that would affect the amount of wave energy striking the shoreline. The proposed development should not adversely impact upon coastal or high water hazards, since the Project Area is located outside of the County of Hawaii Civil Defense Agency's evacuation area for hazards due to tsunami and possible surges from hurricanes. Therefore, the Subdivision is consistent with the coastal ecosystem objectives and policies which aim to protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Economic Uses: Objective: • Provide public or private facilities and improvements important to the State's economy in suitable locations. Policies: • Concentrate in appropriate areas the location of coastal dependent development_ necessary to the State's economy. • Ensure that coastal dependent development such as harbors and ports, visitor industry facilities, and energy generating facilities are located, designed, and constructed to minimize adverse social, visual and environmental impacts in the coastal zone management area. Discussion: Construction activities and related employment will be enhanced in the local community for the short-term, and increased real property tax revenues to the County will be enjoyed for the long-term. Coastal Hazards: Objective: • Reduce hazards to life and property from tsunami, storm waves, stream flooding, erosion and subsidence. Page 21 so 0 County Environmental Report Continental Pacific, LLC Policies: • Develop and communicate adequate information on storm wave, tsunami, flood, erosion and subsidence hazard. • Ensure that developments comply with requirements of the Federal Flood Insurance Program. Prevent coastal flooding from inland projects. Discussion: The Project Area is located outside of the tsunami inundation area and therefore, will be minimally impacted by storm wave and tsunami hazards. In addition, the Property is designated as Zone "Y' or outside the 500 -year flood plain, per Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM). Accordingly, the proposed action is consistent with the coastal hazards objectives and policies which provide for the control of development in areas subject to tsunami, flood, erosion and subsistence hazard. Managing Development: Objective: • Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Policies: • Use, implement, and enforce existing law effectively to the maximum extent possible in managing present an d future coastal zone development. • Facilitate timely processing of application for development permits and resolve overlapping or conflicting permit requirements. • Communicate the potential short and long term -impacts ofproposed significant coastal developments early in their life -cycle and in terms understandable to the general public to facilitate public participation in the planning and review process. Discussion: The Project development involves the concurrent submittal of a State Land Use Boundary Amendment from "Agricultural" to "Urban" zone district, a Change of Zone application of the zoning from Limited Industrial (ML -20) , Village Commercial (CV -10) and General Industrial (MG -5) to Single -Family Residential (RS -20), and Agricultural (A -20a) to Limited Industrial (ML -20) zone districts, and a Special Management Area Use Permit. These concurrent applications will facilitate the timely processing of the applications for the development permits. The County Planning Commission is the decision making authority on the Special Management Area Use Permit Application. The County Council is the decision making authority in the review and evaluation of the Change of Zone and State Land Use Boundary amendment applications. Page 22 go q County Environmental Report Continental Pacific, LLC The concurrent processing of these Applications will allow the public to participate, view and evaluate the subdivision development from three different perspectives in the land use development permitting process. The process also communicates the impacts of the subdivision development in a manner which seeks to facilitate public participation in the planning and review process. The Applicant will notify surrounding property owners within 500 feet of the perimeter of the Property as required by the Zoning Code, Planning Commission Rule No. 13 (State Land Use District Boundary Amendment) and Planning Commission Rule No. 9 (Special Management Area) public notification requirements. The Applicant is required to serve a "First Notice" to surrounding property owners at the submittal of the subject applications. This notice informs surrounding property owners that they have an opportunity to participate in the evaluation and review process of the Applicant's request in the pending applications. The public participation process also includes the Contested Case Hearing process. As such, the public's participation begins soon after the pending applications for the subdivision development are submitted. The public is able to submit their comments, provide information to the Planning Department and have access to the information and material contained in the pending applications prior to the scheduling of a public hearing by the Planning Commission. These public forums improve the development review process and allows for open communication and public participation in the management of coastal resources and hazards. Public Participation: Objective. • Stimulate public awareness, education, and participation in coastal management. Policies: • Maintain a public advisory body to identify coastal management problems, and to provide policy advice and assistance to the coastal management program. • Disseminate information on coastal management issues by means of educational materials, published reports, staff contact, and public workshops for persons and organizations concerned with coastal -related issues, developments, and government activities. Discussion: The County of Hawaii Planning Commission must hold public hearings on the Applicant's land use applications. The public is free to participate in the open hearing format and to provide information to the Planning Commission prior to the Commission's decision. The Planning Commission public hearing and, if required on the SMA application, the Contested Case Hearing Process provides the vehicle for stimulating public awareness, education of the process and the impact of the subdivision development and more importantly participation in the coastal management decision making process. Page 23 County Environmental Report Continental Pacific, LLC The County Council is the authority on the State Land Use District Boundary Amendment and Change of Zone Applications. These items are placed on the Council Committees and full Council Hearings where the public have an opportunity to provide comments and input on the applications before the County Council. Beach Protection: Objective: • Protect beaches for public use and recreation. Policies: • Locate new structures inland from the shoreline setback to conserve open space and to minimize loss of improvements due to erosion. • Prohibit construction ofprivate erosion structures seaward of the shoreline; except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities. • Minimize the construction ofpublic erosion -protection structures seaward of the shoreline. Discussion: There will be no structures near the shoreline which would cause any erosion activities and or interfere with existing recreational and waterline activities. Marine Resources: Objective: • Implement the State's ocean resources management plan. Policies: • Exercise an overall conservation ethic, and practice stewardship in the protection, use and development of marine and coastal resources. • Assure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial. • Coordinate the management of marine and coastal resources and activities management to improve effectiveness and efficiency. • Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone. • Promote research, study, and understanding of ocean processes, marine life, and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources. Encourage research and development of new, innovative technologies for exploring, using, orprotecting marine and coastal resources. Discussion: There will be no structures near the shoreline which would affect any use and development of marine and coastal resources. Page 24 to 0 County Environmental Report Continental Pacific, LLC 2.11 SPECIAL MANAGEMENT AREA (SMA) GUIDELINES The Project is consistent with the County of Hawaii Special Management Area (SMA) guidelines pursuant to Hawaii Revised Statutes, Chapter 205A-26, as amended. (]) All development in the special management area shall be subject to reasonable terms and conditions set by the Authority in order to ensure: (A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon Special Management Area resources; and (D) Alterations to existing land forms and vegetation, except crops and constructior, of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger offloods, wind damage, storm surge, landslides, erosion, siltation, orfailure in the event of earthquake. Discussion: The coastal area has been used for fishing and ocean viewing activities. Public access to the former Pepeekeo Sugar Mill and old camp is recognized in the County of Hawaii Public Access to the Shoreline Inventory (1979). The Applicant will provide five pedestrian foot traffic public access and parking easements within the Subdivision. Therefore, the Subdivision will not reduce the size of the coastline or other areas used for public recreational activities, and should not impact upon recreational resources, since mauka-makai public shoreline access along with lateral public access along the oceanfront of the Project will be available. The Project Area will be serviced by private individual wastewater septic systems meeting the State Department of Health's Water Quality Standards. Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations. The subdivision lots will be configured and engineered to minimize altering of terrain, so as not to increase any potential flood hazards within the Project Area or divert runoff to other properties. Private wastewater systems installed by individual lot owners will prevent subdivision runoff and effluent from migrating to coastal waters and shoreline areas. Furthermore, the view planes to and along the shoreline towards the property will not be adversely impacted as the lands in the immediate area are developed with existing single family Page 25 do 0 County Environmental Report Continental Pacific, LLC and multiple family residential development. The Project will also conform to the Uniform Building, Plumbing and Electrical Codes. Based on these requirements, the Project shall cause minimum or no adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake. (2) No development shall be approved unless the Authority or the Director has first found: (A) The development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and the elimination of planning options; (B) The development is consistent with the objectives and policies and Special Management Area guidelines of this chapter and any guidelines enacted by the legislature; and (C) The development is consistent with the General Plan, zoning and subdivision codes, and other applicable ordinances. Discussion: The Project will not have any substantial adverse environmental or ecological effect, and mitigating measures will be employed, wherever possible to reduce or lessen any adverse environmental impacts as described earlier in this environmental report. There are also compelling public interest factors that would be provided by the Project. The Project does not involve the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and it does not significantly curtail other planning options; especially with regards to coastal resources. The Project is consistent with the public policies of the County of Hawaii, including the Hawaii County General Plan, Northeast Hawaii Community Development Plan, and objectives and policies as provided by Chapter 205A, Hawaii Revised Statutes. The development of the Project will not interfere with any existing or planned public accesses to the shoreline. Provisions will be made in accordance with the State and County rules and regulations for solic and liquid waste treatment and disposition. Water resources, scenic and recreational resources will not be adversely impacted. There is adequate access from the Project to recreation areas within the area. There are adequate and properly located public recreation areas relative to the subject property. Wildlife preserves will not be affected by the Project. There are adequate provisions for solid and liquid Page 26 County Environmental Report Continental Pacific, LLC waste treatment, disposition, and management for the Project that will minimize adverse effects upon Special Management Area resources. Alterations to existing land forms and vegetation will have no measurable effect on water resources and scenic and recreational amenities; the Project is not located in any area prone to flooding, landslides, erosion, siltation or failure in the event of an earthquake and thus, will not increase the danger or risk to human life. Erosion and siltation will be dealt with by erosion control and other mitigating measures approved by the Chief Engineer of the County of Hawaii. Adverse environmental or ecological impacts will be minimized to the extent practicable, as shown previously in this environmental report. The applicant will comply with the requirements of the Zoning and Subdivision Codes relative to the Project. The Project will comply with the County of Hawaii's Uniform Building, Plumbing and Electrical Codes. The Project is also consistent with the goals, policies and standards of the General Plan, as detailed above. (3) The Authority shall seek to minimize, where reasonable: (A) Dredging, filling or otherwise altering any bay, estuaries, salt marsh, river mouth, slough, or lagoon; (B) Any development which would reduce the size of any beach or other area usable for public recreation; (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the Special Management Area and the mean high tide line where there is no beach; (D) Any development which would substantially interfere with or detract from the line of sight toward the sea from the State Highway nearest the coast; and (E) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land. Discussion: The Project does not involve any dredging, filling, or other alteration of any bay, estuary, salt marsh, river mouth, slough or lagoon, and will not involve any development that would reduce the size of any beach or other area usable for public recreation. The Project does not involve any development that would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, and portions of rivers and streams within the Special Management Area and the mean high tide line where there is no beach. The Project does not involve any development that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast or from other scenic areas identified in the County General Plan. The Project does not involve any development that would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, estuaries sanctuaries, potential or existing agricultural uses of land. Page 27 County Environmental Report Continental Pacific, LLC 3.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 3.1 PHYSICAL ENVIRONMENT 3.1.1 Geology, Physiography, and Climate The Project Area encompasses former Hilo Coast Sugar Processing Company sugarcane lands. The properties are currently unimproved and are characterized by a general gradual slope to the sea with barren sea cliffs which are approximately 30 to 80 feet in height. The shoreline within the Project Area is approximately two lineal miles in length. The elevation of the Property ranges from 100 to 135 feet above mean sea level at the makai boundary, to approximately 400 feet above mean sea level, with slopes averaging from 6 to 12 percent (Exhibit F -topography map). Makea and Aliia Gulches traverse the Project Area. The Project Area is located in the tradewind belt, with northeast prevailing winds which are often light and variable and dominated by local land -sea breezes. Annual rainfall averages approximately 115 inches. 3.1.2 Soils Soils in Hawaii are commonly rated in terms of three classifications systems: (1) Detailed Land Classifications, (2) Soil Survey, and (3) Agricultural Lands of Importance to the State of Hawaii. These are discussed as follows: Detailed Land Classification Based on the five -level productivity rating system from the Land Study Bureau's 1967 Detailed Land Classifications, Island of Hawaii (Baker, et al.,1965), where A represents the highest rating and E the lowest, classifies the soil within the Aliia and Makea gulches as "E," or "Very Poorly Suited," to agricultural productivity, and the remaining Project Area is classified as "C" or "Fair" to agricultural productivity. None of the subject lands are categorized as A or B soils, which are considered important for agricultural purposes under Hawaii Revised Statutes, Section 205-4.5. Soil Survey Soils on the site are identified by the Soil Survey of the Island of Hawaii (USDA -SCS 1973) as Hilo Series. The Hilo series consists of well -drained silty clay loams. These soils formed in a series of volcanic ash layers that give them a banded appearance. Hilo soils are used for sugarcane, truck crops, orchards and pasture. Page 28 0 0 County Environmental Report Continental Pacific, LLC HoE "Hilo silty clay loam 20 to 35% slopes" is found within the Aliia Gulch HoC "Hilo silty clay loam, 0 to 10% slopes" is found within the remaining Project Area. This soil is located low on the windward side of Mauna Kea and is dissected by deep, narrow gulches. In a representative profile, the surface layer is dark -brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick. The surface layer is very strongly acid, and the subsoil is strongly acid to medium acid. This soil dehydrates irreversibly into final gravel -size aggregates. Permeability is rapid, runoff is slow and the erosion hazard is slight. This soil is used mostly for sugarcane production. Smaller areas are used for truck crops, orchards and pasture. HoD "Hilo silty clay loam, 10 to 20% slopes" is found within the remaining area of Project Area. This soil is similar to HoC, but is steeper. Runoff is medium, and the erosion hazard is slight to moderate. Ths soil is used for sugarcane production. RB "Rough Broken Lands" is found within Makea Gulch. This soil type is a miscellaneous land type that consists of very steep, precipitous land broken by many intermittent drainage channels, occurring primarily in gulches. Agricultural Lands of Importance to the State of Hawaii The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types of agricultural lands, based on characteristics such as soil quality, growing season and moisture supply. The three classifications used are prime, unique, and other important lands. The lands within the Project Area are classified as "Prime" agricultural -lands by the ALISH classification system. 3.1.3 Flora and Fauna Flora Due to the extensive cultivation and processing activities associated with the sugarcane industry at Pepeekeo Sugar Mill, prior disturbances have removed the Project Area of most, if not all, of its original native vegetation and animal life. The Project Area's existing terrain is marked by a dense overgrowth of ground cover, guava, kukui nut trees and abandoned sugarcane Currently, the Project Area is absent of any active agricultural activity. No plant species listed by the U.S. Fish & Wildlife Services as threatened or endangered, proposed, or a candidate species or "species of concern" occur on the Project Area or immediate vicinity. The overall impact on the area flora is expected to be negligible since these plants are alien and introduced species, and there is an absence of plant species classified as rare, endangered, or threatened. Page 29 Environmental Fauna ft Continental Pacific, LLC Known occupied fauna within the Project Area consists predominantly of lowland urban birds, such as common mynah (Acridotheres tristis), house sparrow, house finch (Carpodacus mexicanus), northern cardinal (Cardinalis cardinalis) and Japanese white -eye (Zosterops japonica). None of these species are rare or endangered. Additionally, no resident endemic and indigenous land birds have been recorded within the Project Area or immediate vicinity. The area is not included within the critical habitat for protected species. Mammal species which are expected to occur in the Property include mongoose, feral cat and dog, mouse and rat. These are common species which are found throughout the island. The Project would create a more open and urbanized habitat than presently exists. This change in the habitat may result in a decrease or increase in the numbers of different species, depending on the habitat preference of the species. The number of feral cats and dogs could decrease due to the urban nature of the residential development. 3.1.4 Valued Cultural, Historical or Natural Resources Almost all of the entire lower coastal area up to the 2,000 foot elevation within the Northeast Hawaii region was used for sugarcane cultivation and processing, and supporting sugar industry communities. The Project Area encompasses the former Pepeekeo Sugar Mill and its sugarcane cultivation and processing operations. Applicant is unaware of any known traditional and customary native Hawaiian practices within the Project Area, with the possible exception of fishing along the pali coastline. The properties within the Project Area are not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district, and in the Northeast Community Development Plan. Pursuant to the requirements of Hawaii Revised Statutes, Section 205A-4, and the Hawaii Supreme Court ruling in the Ka Pa'akai O Ka `Aina case, the Planning Commission is required to make specific findings and conclusions relating to the following: 1. The identity and scope of "valued, cultural, historical, or natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area; Discussion: There are no historical sites listed on the Federal and State Register of Historic Sites nor are any historical sites listed in the County of Hawaii General Plan Historical Page 30 40 County Environmental Report Continental Pacific, LLC Element. An archaeological field inspection of the Project Site within the SMA was conducted by PHRI on October 6, 2002. No archaeological evidence of any kind was identified. A request to SHPD for determination of "no historic properties affected" has been submitted. In addition, there are no observable traditional and customary native Hawaiian practices being exercised within the Project Area. 2. The extent to which those resources - including traditional and customary native Hawaiian rights - will be affected or impaired by the proposed action; and Discussion: As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or being practiced in the Project Area, these rights will not be affected or impaired by the proposed uses. 3. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission other than to require that if in the future, any value cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the Project Area, that the Applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. Based upon the lack of any records of any historical or archaeological sites in the area, it is unlikely that there are significant historic sites in the proposed Project Area. Therefore, no evidence is available to identify any valued cultural, historical or natural resources in the Project Area. Further, no resources or traditional and customary native Hawaiian rights will be affected or impaired by the proposed action. The Applicant is committed to allow mauka-makai public shoreline access to the shoreline (five pedestrian foot traffic public access and parking easements), along with lateral public access along the oceanfront within the Project. 3.1.5 Natural Hazards Potential natural hazards to which the Project Area could be subjected include flooding, volcanic eruptions and earthquakes. The coastal resources between the low -tide mark and the upper reaches of the wave -splash zone consist of barren lava sea cliffs 30 to 80 feet in height. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) designates the Property in Zone "X". Zone "X" is designated for those areas outside of the 500 -year flood plain and therefore not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Additionally, no serious flood problems and natural drainage features are found in the Pepeekeo community. The subdivision lots will be configured and engineered to minimize altering of terrain, so as not to increase any potential flood hazards Page 31 County Environmental Report Continental Pacific, LLC within the Project Area or divert runoff to other properties. Design covenants will further define those drainage improvements appropriate for construction by individual lot owners, and private wastewater systems installed by individual lot owners will prevent subdivision runoff and effluent from migrating to coastal waters and shoreline areas. Because the land and soil are well drained, floods due to rainwater and surface runoff across the Project Area are unlikely to occur. The shoreline within the Project Area is approximately 2 lineal miles in length. The shoreline characteristics of the Pepeekeo coastline are characterized by a general gradual slope to the sea with barren sea cliffs which range in height from 30 to 80 feet and is not subject to property damage from coastal flooding or tsunami inundation. Further, the shoreline portion of the Project Area is not located within the County of Hawaii Civil Defense Agency's evacuation area for hazards due to tsunami and possible surges from hurricanes. The U.S. Geological Survey divides the Island into zones that are ranked from I through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps show the Project Area to be within Lava Flow Hazard Zone 8. Zone 8 includes the lower slopes of Mauna Kea. Most of this area has not been affected by lava flows for the past 10,000 years. The most recent earthquake unrelated to volcanic activity in South Hilo occurred in 1975 beneath Honomu, north of the Project area. In order to minimize potential damage to structures as a result of earthquakes. All buildings and structures within the Project will be designed and constructed in compliance with applicable Building Codes and Standards. 3.1.6 Air and Noise Quality Air Ouality Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. Although the Hilo Coast Power Plant is located within the area, the Plant is not a large source of air pollutants and would not contribute to air pollution within the vicinity of the Project Area. Prevailing northeast trade winds and diurnal land and sea breezes sculpted by the regions's topography forms air circulation patterns that can create local concentrations of pollutants. Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) from Kilauea Volcano. Another natural source of air pollution that may affect the air-quality at the site is windblown dust. Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog. Page 32 00 ft County Environmental Report Continental Pacific, LLC The Project Area would increase traffic in the area very slightly, although the projected level of project generated traffic at build -out is not expected to generate significant levels of air pollutants. There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through utilization of best management practices such as, covering transported materials, water spraying, and planting of ground cover as soon as practical. Noise Ouality Because there is an existing residential development adjacent to and in the vicinity of the Project Area (Kulaimano Heights Subdivision), existing background ambient noise levels within the Project Area are similar to levels in the surrounding area. Noise levels in the Project Area are primarily influenced by the traffic along Hawaii Belt Road. The proposed subdivision will not employ visually offensive structures or equipment, nor produce unpleasant noise. In addition, the large size of the parcels to be created is adequate to mitigate any possible visual or noise impacts within the area. Therefore, it is not anticipated that the proposed subdivision will significantly impact surrounding properties. The creation of the limited industrial zoned lot at TMK:2-8-07:por. 53 (Lot 91) will be located a significant distance from the urban/residential core setting and will be surrounded by smaller agricultural lots ranging in size from 10 to 20 acres. The large size of the surrounding parcels is adequate to mitigate any possible visual or noise impacts within the area. There could be short-term noise impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through scheduling work during the daytime and by ensuring that construction equipment complies with County regulations. When fully developed, the Project is not expected to add significantly to current noise levels. 3.1.7 Scenic and Visual Resources The natural beauty of the South Hilo district is dominated by Mauna Kea and Mauna Loa. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from the Hawaii Belt Road. Although vacant of any structures, the Properties within the Project Area are heavily vegetated with abandoned sugarcane, guava, kukui nut trees, and other noxious alien plant species. The Properties within the Project Area are also not listed as a distinctive and identifiable land form distinguished as landmarks or as having a frontyard vista of distinctive features as identified in the General Plan within the South Hilo district, nor in the Northeast Hawaii Community Plan. Page 33 so we County Environmental Report Continental Pacific, LLC 3.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 3.2.1 Schools The Project is a relatively small residential development. The public school complexes that may be affected by the Project would include the Hilo High School complex (including Kalanianaole Elementary and Intermediate School, and Hilo High School). The Project is expected to have a minimal impact on the demand for education services in the region. 3.2.2 Parks and Recreation The coastal area of South Hilo has been used for fishing and ocean viewing activities. Public access to the former Pepeekeo Mill and old camp is recognized in the County of Hawaii Public Access to the Shoreline Inventory (1979). The Applicant will provide five pedestrian foot traffic public access and parking easements within the Subdivision. Therefore, the subdivision will not reduce the size of the coastline or other areas used for public recreational activities, and should not impact upon recreational resources, since mauka-makai public shoreline access along with lateral public access along the oceanfront of the Project will be available. Kulaimano Center, a County park facility, is located mauka of the Project Area, across the Hawaii Belt Road within a few miles of the Project Area. Given the relatively small size of the Project and availability of recreational resources within the Pepeekeo region, additional measures to minimize potential adverse impacts to park and recreational facilities in the area do not appear to be warranted. 3.2.3 Fire, Emergency Medical and Police Services There are four 24-hour full time substations within the city the South Hilo district at Central, Waiakea, Kaumana and Kawailani. The Central Fire Station is a full-time fire/EMS operation; Waiakea Fire Station is a fire/EMS/rescue operation; Kawailani Fire Station is a file/EMS operation and Kaumana Fire Station is a fire/EMS/hazardous materials operation. In addition, a 24-hour, on-call volunteer facility is located in Pepeekeo. Communities outside Hilo are about two minutes per mile away from service. The nearest available public health facility is the Hilo Medical Center (HMC), a secondary healthcare facility that was completed in 1985. HMC is intended to provide major secondary care for the Puna and South and North Hilo districts and serves as a major referral center and key support for shared services, emergency services, specialty care and long-term care. Page 34 rnanty Environmental of Continental Pacific, LLC In addition, the Department of Health's and Department of Social Services and Housing district offices in Hilo provide public health and health care services. Because of the limited size of the Project, it is not anticipated to add significantly to the demand for emergency or daily medical care services in the Hilo area. The combined police headquarters for Hilo and the County is located in the Hilo Public Safety Building on Kapiolani Street. The South Hilo district is service by the Main Police Station located in Hilo, approximately 10 miles south of the Project Area. Hilo's existing fire, emergency medical and police protection services should adequately accommodate the slight increase in anticipated demand generated by the Project. 3.2.4 Water System The Pepeekeo area is served by a deep well located within the Kulaimano development with a present consumption at about 0.16 mgd. The nearest County of Hawaii municipal water system is located along the Old Mamalahoa Highway along TMK:(3) 2-8:08:01. The Applicant has obtained a commitment of 55 units of water from the County and has constructed a 50,000 -gallon holding water tank to provide a private potable water system to oceanfront lots within the SMA. The remaining lots within the Subdivision will be serviced by a private rainwater catchment system to be constructed by the individual purchaser. The proposed Limited Industrial area at TMK:2-8-07:por. 53 (Lot 91) will be allotted 1 unit of water from the County of Hawaii. 3.2.5 Drainage The Aliia and Makua gulches traverse the Project Area. There are no other major drainage ways, or other surface water features on the property. As stated previously, the area's predominant soil type is highly permeable and allows much of the rainfall to percolate into the ground; thus surface runoff is negligible. The Project will increase surface runoff due to the impervious surface that accompanies residential developments. All Project generated runoff will be disposed of on-site, so as not to impact the surrounding area. 3.2.6 Sewerage System The County presently operates the existing municipal wastewater treatment facility in Pepeekeo that has a designed capacity of 500,000 gallons per day. The Project Area will not be serviced by the municipal sewage system and will be serviced by private individual wastewater septic systems meeting the State Department of Health's Water Quality Standards. Page 35 S County Environmental Report Continental Pacific, LLC 3.2.7 Solid Waste Disposal Homes within the Project will be a source of solid waste, which will be collected by commercial haulers and disposed of at the East Hawaii landfill waste disposal system in operation at the former dump site in Hilo. The nearest transfer stations are located in Papaikou or Honomu. Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations. Because the Project will not cause a change in the manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, no adverse impacts are expected relative to solid waste disposal. 3.2.8 Electrical, Telephone, and Cable Services Electrical Power Electrical power service would be provided by Hawaii Electric Light Company (HELCO). Given the limited size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project are not anticipated to have a significant impact on the utility's ability to meet the growing demand of the area. The power lines for the proposed subdivision will connect with the existing lines which run along the Hawaii Belt Road and Pepeekeo Mill Road and will meet HELCO's design and installation standards. Certain lots within the Project will connect to the HELCO grid through the SSPP program. Coordination with the utility's engineers well in advance of development will ensure that the provisions of electrical power are integrated with planned utility system improvements in the area. Telephone and Cable Service Verizon Hawaii provides telephone and other telecommunication services to South Hilo district. As with electrical demand, given the limited size of the Project development and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project Area are not anticipated to have a significant impact on the utility's ability to meet demand in the area. 3.2.9 Vehicular Circulation/Traffic The major roadway serving the South Hilo district is the Hawaii Belt Road, a State owned and maintained two-lane paved roadway within a 100 -foot right-of-way, which will connect to interior subdivision roadways. The primary subdivision roadway within the Project will be the existing 20 to 30 -ft. wide A.C. paved roadway known as the Pepeekeo Mill Road. The secondary Page 36 County Environmental Report Continental Pacific, LLC subdivision roadways within the Project will consist of 8 or 16 -ft. wide A.C. paved and gravel roadway to be held in private ownership and maintenance by lots owners within the Project. Short-term negative impacts may occur during the construction of the subdivision roadways. Construction vehicles will slow area traffic while on the public roadways. No closure or rerouting of existing public traffic lanes are anticipated. 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Development of the Project Area is not anticipated to change the visual attributes of the existing coastline. Developing the property for the intended residential use will provide the benefit of enlarging the inventory of residential property to this growing area. The Project will be supported by the necessary public facilities and services, and development would proceed in a manner that is in concert with the long-range State, County and community plans for the region. Development of the Project will also result in socioeconomic benefits to the community. The construction work associated with the Project will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost for the minimal expansion in the need for public services necessitated as a result of the Project. 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCEIMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from establishment of the Project are minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or eliminating impacts and which have already been institutionalized through County, State or Federal regulations, codes, and ordinances. Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality effects. Generic mitigation measures are standard, accepted means appropriate for minimizing temporary or limited environmental impacts. Page 37 0 County Environmental Report Continental Pacific, LLC Specific mitigation measures are generally recommended for actions that may have residual or long-term effects, or those for which some form of monitoring or compensation for the environmental effect are required. In terms of the Project, the specific and generic mitigation measures that are recommended include: • limiting construction to dry periods to the extent practical • limiting construction activities to daytime hours • adherence to all Federal, State, and County environmental protection, health, safety, and construction rules and regulations • covering of open vehicles carrying soils, gravel, or other particulate matter • controlling dust by watering exposed areas and through the use of proper stockpiling procedures 4.3 ALTERNATIVES TO THE PROJECT An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. No Action Alternative The "no action" alternative will result in no physical change to the property and leave it in its current vacant use. The land will remain unaltered and unimproved. This alternative will not allow the objectives of the Project to be achieved and would deny the public the benefits . associated with its development. Under the "no action" alternative, the additional lots that would be included in the housing inventory within the Pepeekeo community will not be available. Further, no increase in government revenues from higher property taxes will be realized. Alternative Use The alternative use of the Project Area other than the proposed Project would not be in keeping with the LUPAG map designation of "Low Density" urban development. The Project Area is located adjacent to the existing Kulaimano Heights subdivision. The increasing role of agriculture in the region requires that flexibility in choice of location and price be made available for residential development. The Subdivision will offer both independent farmers and agricultural employees, as well as, those seeking the lifestyle opportunities, with a supply of readily available housing and residential zoned lands within close proximity to existing infrastructure and supportive public services. Page 38 County Environmental Report Continental Pacific, LLC Alternative Locations There are no other vacant or non -committed sites in South Hilo that have the favorable site characteristics for residential development as the Project. The Project is adjacent to the existing Kulaimano Heights residential subdivision, and as such, would complement an existing development pattern in the area. Infrastructure to serve the Property are currently existing or will be made available. 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The Project would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the Project is located and on which the homes and roadways would be constructed, as well as the private funds, construction materials and manpower. They also include the energy, water resources, and other utility resources that will be committed to development of the Project. The impacts of using these resources should be weighed against the expected socioeconomic benefits to be derived from the Project and the consequences of taking no action or adopting another, less beneficial use of the Property 5.0 AGENCIES CONTACTED County • Planning Department • Department of Public Works • Department of Water Supply • Fire Department State • rtDepament of Land and Natural Resources, Land Management Division • DLNR, State Historic Preservation Division • Department of Health Page 39 �i L-�] UPOLU PT_ MAWI KAWAIMA[ I 1 o (D KAUAI NIIHAU OAHU =::=M/y0.,L O K A I L ANA IOC \MAUI O KAHOOLAWE Hswan HAWAIIAN ISLANDS MONOKAA ,W)kiM[A — �•aeM 1y� —�+see .lAY►A MOI MO! // /' � � �� }ani; \♦♦ `\� `� `1 i t RA 1 1 1 .'..\1 •.` MLALALA'I •ee ! , 1 1 KAILUA— KON l i \♦ \ �, KEAUNC . , '"'T IRI /1 i%end • ' � {��Ii ' � (/ vedo•�/ice;/''� IL j i 1 1 i' i. '.. �.•f i, i CR 1111/it1 ,—.�/I see* �/j +{ 111 \ � _�' •/—.'/i e,• `"A EMU ♦KEA) U .. J PEPEEKEO POINT .\ PAMOA [A ' ER '� KALAPAN KA LAE v o tO 20 EXHIBIT A uus N ®Cation ■ ap KE AUHOU KOMA DEVELOPMENT HI , 2001-2002-32-8-007, Sheet: 1 \� �• :K it h 1� '\ •`�� O t� - Com,`, '3flY I' ..fir • 2 i i iM� EXHIBIT B 3 HI , 2001-2002 - 32 -MOB, Sheet: 1 of m1. wail, HI , 2001-2002 - 32-8-009, Sheet: 1 of q .p 9 1 Z..* A-30■ c C 226roo• 67.00 1 \ ✓ 1 'O. � 1 -o \ 2•.• A-20• �> 1 1 Y. e" 430d.75 f �.-......... .--II �T 2•] !.70• _ 62' 11' — —"` f l� s got 11 2••. A.20. 1 \\ I \ I I \\ \ Substation Sib i \ \ II \\\ \\\ \\ \\ MAIN.. MI CM..MN.. — n/v..1 1. Cw.nw.n1 \ \ O.I. a .. r/1..1M 0..1.f.: \ M.I.M. •r N..M,V D-4-1 Iw.a \ \ I.. U.0 K.y 2-0-07.. 1 •.I 7s (s1 DNhb^) \ REZONING 1 J r ~ l./ M !�T PROPOSED AMENDMENTS TO ZONING DISTRICT BOUNDARIES Being Thin o Portion of Royal Potent 7192, Land Commission Award 8559-13, Apona 17 and IB to Wm, C. Lunalito Makohanaloo, South Hilo, Island of Hawaii. Ilawoii u � a ..A -.q 1-4 °t Ci #A.. nw..1603 1.. s..r. CHMkeM1 N. Inp!/ _ +s 0 • 2 0 TH Il01jQ31� •g r Fa 09 { ills?; e d! —aR J i i I IL � 11 J Y `Y3.g F "F U � ¢n II � —aR J i i I IL � 11 z _o o ~ a z F ` C i a � F ^=;s `Y3.g z-�o E uep t YOy + � 0 ±j t r � V _ p• O jcV E S? fF B NJ3 � n]z cy; Y g o y W =ice 1 j O Yi U o�smPY 6 O. soSiu z _o o ~ a z F ` C i a � F ^=;s `Y3.g z-�o =e t YOy + � 0 ±j t y6 Cy GOi uY �' s 9 a Z j� S? B NJ3 � n]z cy; Y g o y C JgO6 a � y x Yi U o�smPY 6 O. soSiu z _o o ~ a z F ` C i a � F ^=;s z-�o "M t + � 0 ±j t `•ui,`u e t { { ".I -- I �--�;;,•-- Haw QI '• i , 1ed c t. .t u , f I1 r }E ryJL!� r :, QufIL,� i �Olohoc r Ey \ + ODIEp C MERSHIp u ✓�f a' QT}IER,OWNERSMM 1 �r L' I r :wTY' x>;4 pJxl a e o} n it J fur : e oh,7� (Y.1 I W ." G�Gk �� S''.i ; ,0, .. (® 4 � ;}T„�,'�J•�.f''il Jr `��tJY�h�':Y� '�'�i•"`ic�`' 3h`�k`'ti 1 y 1.,� +► } 7 J '1.1. '' ht , f, t .. °'; 1 i 1 - 1 'r,'�'f Y•''I (lfl,�lrSly'rf l lt`II�f'Yi�' 'lY �.1': { 1 I f + ♦ M : I, r it4„�Wi*k }�I^?4 //:1.�xt f ,r.IA �!A;��4 L .} 'r( .11 .�I G } 1 M'1 JS,M'l'If,J,YfI.! ••�1• 'y(M ^.�y� l F'i ( l 1 {.,„, 1'ff��i. •y ,f�t Tr 'C. t YJ,J4, �. f 1E RY Gu�ib �jll••LI.�. ' 1` �,.r. �y�LN;1J •• '1t((IAAlIt..1tl1�.ry '•(LwWll'�".'',��.6/ii r, /OT�IE4,::1;�kY , � Y (�(+��; CN,f+M17i� a+,1Y�M• I 4rrIM•Y �v .-'w+M�t,��r� k1 :y, n5y R14�� IC t1 f v NLw ' �(#, !G' : j.:� '! J 1 r� rye•„ .1 h � K�L Ips,~ � o , �'�''+'Y•t,Yf•1 x' f ti't ,�.1 �`.n�1� 7 r.4 1 � o ., .., 7a4 .� - O •,; c )J Y� � � i11T1• "�` Ma Yy1.�' '\ ( 4LT T•'8 . _r{Ij� �y !1.11 ;f p}, {�; 1 t -s,. 1rv.�'1��•r,, Y.L{�:Iff, �•,i. �`��••;., , rIaJ"'J�l �. I . � f• J r'LI , � IF�in ' t + ''.:c W N(.t�M �y It .1 r1 +. � C !� L• �ie+ '+ x. Y '�,:; 4a1 I � � Y�r �J� ' �+ f ii t +.. rr� Ir1 nt 1 R L �'_, G - �'� �► - ti _ If ,ttj �•. itl ,fJ.� 1 �i Irl�l�( r1l+ �(~ •rh.`�r I f '�;''n.'A,`rY' /t+,Srl"'� 1�' Jj t 'fNih_ .f Q .} •III y ,� �C' , s -7q l'I •.: �'.� J.0 Ar ( vr� Y , f�q�• rL} 1 'YI PrYl`.I170! J 9'i+v' II Art • I ! V J': aI<1L if ti .. ,.,, Y is k'F1 �'Io .. �Y,: �Jy,.f�•Y�YL.'4+ +4. ': ��r °��f ">�'i J�}.M11J+'.y ��+1.� �(t�;'t'�1 , .� �y ( u 1 �+4a r5,4J•lr � I �O'�:,•k�Y!" � 1J1d'.,t'ri Vt,,�t'�G•/Grp ` I I I �.t"t" � j':., ,��4 Y',�.r�c,� nt �K �y�F�, P' 'fi��,�y� t k fir•"f ,�{y►��'` •rt.17'. �.�if \{•y1� f.'. ( (.`' 411 .I'll r, Tr":. Lv� �d ,�v }�p�� alr F° YY 1 �•; I 1�'t �y+' ya� �r11'� •*� • :`I F a 1' � i..•n1MJ t �M 4 �t �' � r rnln'ry J,` 'P 1Y .klxs�:. 1. .1 f t N s`r ',• ... + W :, I )J s�' . w4 } 1 '� , i Ilul ' ,+ ✓ r rk7A IA (Al In •.)`�\ IM 'wu t gyp^ �� r s, f'r '• ,1. 11+o -fill .y, aL iI 71 . K. �•'1� .�1� t y.bd••,+'. rup � rr 11 '' �..�. x J ., N� �'�!' 1r n ��'• La 1 ,jlt r1,I I µ :. w 1i X 4 7!. i5r 4 i j. I(� „L� IiC� �i'L.Yh y l i J � . ID - � � iK• 1 il( ,JJr I �prt.t' rJ' lfv7�1`. Lt r I f�oi\t t'eN WAiNk.11 z !, t�e. #•�' intv.A .`AILy✓:k(AL NI'i rc�:: �.{ C FUTURE PHASE 11 SMA AREA 1 { 1 ,1 1 it:141. Y. }' 1 1i I • f Y' � I: QO 7 d,.. S Y 4 rGn6.4_.. .. 'S •l�'TT A 1 .wuJ:l ...._...J1YA+ 14.'. r �. �I1 \' V• 4 f "M rfRf '•I• •G f. 1 I y 11. TA Lie no If1UI155104 J INGY[!11 y 111. line to U!S rM►N Yw4. IY1-C owJnc srllt w .1 I. l J r. •�i{!f 4 1• car t 1 a 44•`td F art L .,r( ; �' . °� Jl'. �1 1 , ' I1r�`.�•jtf. l+�,� rkll'�U ltl : � /�YG r Lep• r' ',� t r,.�%' •rh .f.� r I S Ifit ACS . `;.:.'. ✓r .',:,IJy Y i;�(oAtihUv (,,;� , , )).,,� fi" �' . ( J 5 I1 � (':• � .\�4 � t`� �J �,!Ji I Mi• IJ 1 SILK'.-." JI / le-rrw, aM;I.T lq�•.. . ,, n•j ( /yy'fit A)y ,✓'1'r Jl tr JI !�� 4 ) '" It ' V I S'nl 1}: yt F4rU f tJ-Ua 1 tt y yr My/m PROPOSED READJUSTMENT OF THE FOLLOWING PARCELS: BEING PORTIONS OF: GRANT 872 TO EMMA METCALF GRANT 194 TO J. ELY R.P. 8164, L.C. AW. 5663 AP. 2 TO KAHONU GRANT 1158 TO J. PELHAM R.P. 7192, L.C. AW. 8559-8 AP. 17 do 18 TO WM. C. LONALILO R.P. 1654, L.C. AW. 2289 AP. 1 TO KA0101A AND ALL OF: GRANT i TO THE BOARD OF EDUCATION GRANT 1030 TO KAINA INTO LOTS 1 TO 92 (INCLUSIVE) AT KAUPAKUEA, PEPEEKEO, I(APEHU, KAHUA, MAK AHANALOA, SOUTH HILO, HAWAII,' HAWAII OWNER: CONTINENTAL PACIFIC, LLC P.O. PDX 407 TROY, AL 36081 TMK: 2-8-07:1, 5 & 53, 2-8-08:1, J. 5, 12 TO 14, 16, 17, 19, J2 & JJ, ANO 2-8-09:1 I 14E ORIGINAL OF ThE )OCUMEr,., RECORDED AS FOLLOWS. STATE OF iAMA'AII Ol:ICE Or 161�� _ :3,y "rI4rcf ) /ecordud in Liber __ja2L%), 8 -Z(,, LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: T:;_. ... TITLE OF DOCUMENT: SATISFACTION DEED PARTIES TO DOCUMENT: Grantor: PUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company; Grantee: PEPEEKEO SOIL AND MULCH COMPANY, LLC, a Hawaii limited liability company, whose address is 505 Kilauea Avenue, Hilo, Hawaii 96720, and CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, whose address is P. O. Box 755, Troy, Alabama 36081. Affects: TMK (3rd) 2-8-007: 001 jk\land\mka\aatdeedpuueo 1 This document contains pages. EXHIBIT D-1 SATISFACTION DEED THIS Deed made this 144L--\ day of ON' Tli 2002, by and between PUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company, the principal place of. business of which is 311 Pacific Street, Honolulu, Hawaii 96817, Attn: J. Alan Kugle, hereinafter called the "Grantor", and PEPEEKEO SOIL AND MULCH COMPANY, LLC, a Hawaii limited liability company, the mailing address of which is 505 Kilauea Avenue, Hilo, Hawaii 96720, and CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, whose mailing address is P. 0. Box 755, Troy, Alabama 36081, hereinafter called the "Grantee", WITNESSETH THAT: WHEREAS, by Agreement of Sale dated June 1, 2001 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2001- 082031, as amended by undated Amendment of Agreement of Sale and recorded in said Bureau of Conveyances on July 20, 2001 as Document No. 2001-111905, (said agreement of Sale, as so amended, shall hereinafter be referred to as the "Agreement of Sale), MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation, as "Seller", agreed to sell, and CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, and PEPEEKEO SOIL AND MULCH COMPANY, LLC, a Hawaii limited liability company, collectively as "Purchaser", agreed to purchase, besides other lands, all of the real property described in Exhibit "A" attached hereto and made a part hereof (hereinafter the "Property,,); and jk\land\mka\eatdeedpuueo 2 0 WHEREAS, by Deed and Assignment of Agreement of Sale dated , recorded in said Bureau of Conveyances of the State of Hawaii as Document No. MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation, conveyed to PUUEO MAUKA, LLC, a Delaware limited liability company, all of its right, title and interest in and to the Property, together with the Seller's interest under the Agreement of Sale; and WHEREAS, Grantee and CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, have paid the obligations and performed all of the covenants and conditions of the Agreement of Sale; NOW THEREFORE, in satisfaction of the terms of the Agreement of Sale, Grantor has sold and by these presents does hereby grant, bargain, sell, and convey the Property unto Grantee, as follows: 7k to PEPEEKEO SOIL AND MULCH COMPANY, LLC, its successors and assigns; and 93% to CONTINENTAL PACIFIC, LLC, its successors and assigns. AND TOGETHER WITH limited warranties of title made by Mauna Kea Agribusiness Co., Inc. in deed recorded as Document No. TOGETHER with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, forever. AND the Grantor does hereby covenant to and with the Grantee, its jk\land\mka\satdeedpuueo 3 40 0 successors and assigns, that it is seized in fee simple of the Property; that it has good right and lawful authority to sell and convey the same; that the same is free and clear of encumbrance of every kind and character, save and except as noted herein and any encumbrance that may have been placed or suffered to be placed thereon by the Grantee; and that it will and its successors and assigns shall WARRANT AND DEFEND the title thereto against the lawful claims and demands of all persons. This conveyance and the warranties of the Grantor are expressly declared to be in favor of the Grantee, as TENANTS IN COMMON, their respective successors and assigns. And the Grantee acknowledges and agrees that, except as set forth herein, the Property shall be conveyed to the Grantee in its "AS IS, WHERE IS" condition, with all faults, if any, except that the title to the Property shall be transferred free and clear of all liens and encumbrances subject only to the exceptions and encumbrances described herein. Except as set forth herein, the Grantee assumes, and the Grantor disclaims, all liability for, and all risks regarding all aspects of the Property, including, without limitation: (1) the risk of any physical condition affecting the Property, including, without limitation, underground storage tanks, any soils conditions (provided that there are no Hazardous Materials contained therein), any archaeological or historical conditions, endangered species or federal wetlands; (2) the risk of any damage or loss to the Property caused by any means including, without limitation, tsunami, flood, earthquake or volcanic eruption; and (3) the risk of use, zoning, habitability, jk\land\mka\satdeedpuueo 4 go 0 merchantability or quality of the Real Property or the suitability of the Property for its present use, or the Grantee's intended use or future development; and (4) a coal ash pile. The Grantee agrees that the Grantor has not made and shall not be liable for any representation or warranty, express or implied, regarding the conformance of the Property with land use, zoning, environmental or other laws nor with respect to any aspect of the Property including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, suitability, habitability, quality, physical condition and value. The Grantor disclaims any and all liability for any and all such representations and warranties except as set forth in, and strictly limited to, this transaction. The Property is being conveyed without a land survey or archaeological study. Grantee accepts the Property subject to any discrepancies, conflicts in boundary lines, shortage or overage in area, or encroachments and Grantor shall not be responsible to Grantee in any way for the same. Grantee further accepts the Property subject to any claims arising out of rights customarily and traditionally exercised for subsistence, culture, religion, access or gathering purposes as provided by law and Grantor shall not be responsible to Grantee in any way for the same. The parties hereto further agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and jk\land\mka\aatdeedpuueo LI 40 0 the same conveyance, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the Grantor,and the Grantee have executed these presents as of this (-4C day of Kay6-\ , 2002. PUUEO MAUKA, LLC. Formerly Banyan Tree, LLC By 4 /'t`csv — Itp By its GRANTOR PEPEEKEO S1OI'L AND MULCH COMPANY, LLC Y%� C LLC fs I1 grtct r BY Its {�aNxG�i fl� (711+��r 2r� p. ndt•�.` By Its CONTINENTAL PACIFIC LLC By��«�� i�rr\��11� �t�nbZTra P• �th��lr�u� By J Its GRANTEE jk\land\mka\zatdeedpuueo 6 go 0 STATE OF HAWAII SS: CITY AND COUNTY OF HONOLULU On this 1�^ day of K'% -V -L-0 , 2002, before me personally appeared J. ALAN KUGLE, who is the Manager of PUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company, and that the instrument was signed in behalf of said company by authority of its Operating Agreement, and said person acknowledged the instrument to be the free act and deed of said company. t,r i.T�-c:ir;r Notary Public State of Hawaii My commission expires: jk\land\mka\satdeedpuuec go we STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this 14th day of March , 2002, before me personally appeared JERE A. HENDERSON, to me personally known, who, being by me duly sworn, did say that he is one of the managers of CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, and the manager of PEPEEKEO SOIL AND MULCH COMPANY, LLC, a Hawaii limited liability company, that the foregoing instrument was signed in the name of and on behalf of said limited liability companies, and said JERE A. HENDERSON acknowledged that he executed the same as his free act and deed and as the free act and deed of said limited liability companies. Na e: Michael I. a Notary Public, State of Hawaii My commission expires: 1/21/03 STATE OF-AIABAMftNkK�1�1� ) SS: COUNTY OF ' ) on this Ei'rL-\� day of ftkalel" 2002, before me personally appeared-e3w��D Ser1 who is a of CONTINENTAL PACIFIC, LLC, a Delaware limited liability ompany, and that the instrument was signed in behalf of said company by authority of its 11Yaw�(2rs , and said person acknowledged the instrument to be the free act and deed of said company. State' of Alabammgttroa" My commission expires: 11-21103 j k \ land\mka\ a atdeedpuueo 10 40 EXHIBIT A Tax Map Key No. (3) 2-8-007: 001 0 All, of that certain parcel of land (being portions) of the land(s) described in and covered by Royal Patent Number 7192, Land Commission Award Number 8559-B, Apana 17 and 18 to William C. Lunalilo; portion of Royal Patent Grant Number 1158 to John Pelham; and all of Apana 2 of School Grant Number 1 to the Board of Education) situate, lying and being at Makahanaloa, Pepeekeo, and Kahua, District of South Hilo, Island and County of Hawaii, State of Hawaii, bearing Tax Key designation (3) 2-8-007-001, containing an area of 776.465 acres, more or less. EXCEPTING AND RESERVING from the above, all of Apana 2 of School Grant Number 1 to the Board of Education containing an area of 2 06/100 acre, more or less, as shown cross -hatched on map attached hereto as Exhibit "B". Together with a non-exclusive easement for roadway and utilities purposes over and across the easement area described thereto, as granted by GRANT OF EASEMENT (ROADWAY), dated May 17, 2001, recorded as Document No. 2001-082029; and subject to the terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained therein. Said above described parcel of land having been acquired by PEPEEKEO SUGAR COMPANY, by: 1. DEED from JONA (JONATHAN) AUSTIN, Trustee, and C. AFONG, dated October 17, 1889, recorded in Liber 117 at Page 971; 2. WARRANTY DEED from W. S. AKANA, dated April 17, 1893, recorded in Liber 192 at Page 128; 3. WARRANTY DEED from C. BREWER 6 COMPANY, LIMITED, a Hawaiian corporation, dated August 5, 1921, recorded in Liber 605 at Page 284; 9. WARRANTY DEED from JOSEPH K. KINNEY, widower, dated May 17, 1923, recorded in Liber 673 at Page 346; 5. WARRANTY DEED from HAWAII CONSOLIDATED RAILWAY, LIMITED, a Hawaii corporation, dated June 12, 1947, recorded in Liber 2047 at Page 98; and jk\land\mka\satdeedpuueo 12 to ft 6. FINAL JUDGMENT had in the Circuit Court of the third Circuit, State of Hawaii, Civil No. 00-1-0252 on October 13, 2000 and recorded in the Bureau of Conveyances of the state of Hawii as Document No. 2000-150701. TOGETHER WITH, perpetual non-exclusive easements for road and utility purposes, which are hereby granted to Grantee in, over, under and across those certain easement areas over existing roadways shown on Exhibit C and also described in Grant of Easement (Roadway) by and between Pepeekeo Banana, LLC, a Hawaii limited liability company, as Grantor, and Mauna Kea Agribusiness Co., Inc., a Hawaii corporation, as Grantee, dated May 17, 2001, recorded as Document No. 2001-082029. SUBJECT TO, perpetual non-exclusive easements for road and utility purposes, in, over, under and across those certain easement areas over existing roadways shown on Exhibit D attached hereto. jk\land \mka\satdeedpuueo 174 40 to SUBJECT, HOWEVER, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with County regulation and/or ordinance and the effect, if any, upon the area of the land described herein. 3. Location of the boundary of Kaelekili Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. 4. Free flowage of Lonokaeho Stream, Alia Stream and other streams as shown on tax map. 5. Flumes as shown on tax map. 6. Macadam Road, Cane Haul Road, Japanese Cemetary, Church Lot and Reservoir as shown on tax map. 7. Triangulation Survey Station "KAHUAINU" located within the land described herein, as shown on the Tax Maps Bureau, Department of Finance, County of Hawaii. Attention is invited to the provisions of Section 172-13 of the Hawaii Revised Statutes, relative to destruction, defacing or removal of survey monuments. 8. Non-exclusive easement for road and utility purposes in favor of Tax Key (3) 2-8-007-053 over EASEMENT "1", more particularly described as follows: All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 7192, Land Commission Award Number 8559-B, Apana 17 and 18 to William C. Lunalilo) situate, lying and being at Makahanaloa and Pepeekeo, District of South Hilo, Island and County of Hawaii, State of Hawaii, being EASEMENT "I" more particularly described as follows: Beginning at a point at the northeast corner of this parcel of land and at the end of Course 41 of the above described parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3159.18 feet north and 5908.54 feet east, and running by azimuths measured clockwise from true South: 1. 346' 34' 30" 60.00 feet along Easement 2; 2. 76" 34' 30" 479.42 feet; jk\land\mka\aatdeedpuueo 14 Thence on a curve to the left having a radius of 2070.00 j k\ land\mk a\ satdeedpuueo 15 feet, the chord azimuth and distance being: 3. 70° 43' 15" 422.27 feet; 4. 64° 52' 260.87 feet; Thence on a curve to the left having a radius of 145.00 feet, the chord azimuth and distance being: 5. 46° 34' 30" 91.02 feet; 6. 280 17' 108.90 feet; Thence on a curve to the right having a radius of 470.00 feet, the chord azimuth and distance being: 7. 420 31' 231.12 feet; Thence on a curve to the left having a radius of 560.00 feet, the chord azimuth and distance being: 8. 460 36' 22" 197.26 feet; Thence on a curve to the right having a radius of 660..00 feet, the chord azimuth and distance being: 9. 43' 43' 25" 166.84 feet; Thence on a curve to the left having a radius of 470.00 feet, the chord azimuth and distance being: 10. 410 52' 43" 148.77 feet; 11. 320 46' 20" 967.65 feet; Thence on a curve to the right having a radius of 760.00 feet, the chord azimuth and distance being: 12. 400 22' 10" 200.96 feet; j k\ land\mk a\ satdeedpuueo 15 to ft Thence on a curve to the right having a radius of 355.00 jk\land\mka\aatdeedpuueo 16 feet, the chord azimuth and distance being: 13. 65° 56' 219.01 feet; 19. 830 59' 205.52 feet; Thence on a curve to the right having a radius of 730.00 feet, the chord azimuth and distance being: 15. 90° 47' 15" 175.08 feet; 16. 970 40' 30" 129.33 feet; Thence on a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being: 17. 35' 42' 52.96 feet to a point on the east side of Government Main Road; 18. 153' 93' 30" 13.19 feet along the east side of Government Main Road; 19. 159' 53' 67.61 feet along the east side of Government Main Road; 20. 165° 90' 72.59 feet along the east side of Government Main Road; Thence on a curve to the left having a radius of 50.00 feet, the chord azimuth and distance being: 21. 311° 40' 15" 55.91 feet; 22. 277" 40' 30" 173.93 feet; Thence on a curve to the left having a radius of 670.00 feet, the chord azimuth and distance being: 23. 270° 97' 15" 160.69 feet; jk\land\mka\aatdeedpuueo 16 29. 2630 54' 205.52 feet; Thence on a curve to the left having a radius of 295.00 feet, the chord azimuth and distance being: 25. 2450 56' 181.99 feet; Thence on a curve to the left having a radius of 700.00, feet, the chord azimuth and distance being: 26. 220° 22' 10" 185.09 feet; 27. 2120 96' 20" 967.65 feet; Thence on a curve to the right having a radius of 530.00 feet, the chord azimuth and distance being: 28. 2210 52' 93" 167.76 feet; Thence on a curve to the left having a radius of 600.00 feet, the chord azimuth and distance being: 29. 223" 93' 25" 151.68 feet; Thence on a curve to the right having a radius of 620.00 feet, the chord azimuth and distance being: 30. 226' 36' 22" 218.39 feet; Thence on a curve to the left having a radius of 410.00 feet, the chord azimuth and distance being: 31. 222° 31' 201.61 feet; 32. 208° 17' 108.09 feet; Thence on a curve to the right with a radius of 205.00 feet, the chord azimuth and distance being: 33. 2260 34' 30" 128.68 feet; jk\1and\mka\9atdeedpuueo 17 34. 2990 52' L] 260.87 feet; Thence on a curve to the right having a radius of 2130.00 feet, the chord azimuth and distance being: 35. 2500 43' 15" 434.51 feet; 36. 256' 39 30" 479.42 feet to the point of beginning and containing an area of 5.6911 acres. 9. A perpetual right-of-way twenty (.20) feet wide in favor of Tax Key (3) 2-8-007-013, as set forth in instrument dated March 27, 1912, recorded in Liber 366 at Page 369, over and across certain lands, the center line of said right-of-way being the following described line: Beginning at a point on the western boundary of the proposed reservation whose true azimuth is 79" 08' and distance 80 feet from "KEAWEMEA" Triangulation Station, thence by true azimuths and distances as follows: 1. 72° 46' 199.5 feet to a stake; thence 2. 110 20' 85 feet to a stake; thence 3. 63° 41' 292 feet to a stake in the center of the plantation road and containing .22 of an acre, more or less. 10. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC. and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, now known as VERIZON HAWAII, INC. DATED March 24, 1953 RECORDED Liber 2792 Page 213 GRANTING a perpetual right and easement to build, construct, rebuild, reconstruct, repair, maintain and operate a pole and wire lines, etc. for the transmission of electricity, as more fully described therein and as shown on the map attached thereto 11. Other easements are shown on the tax map, as being: jk\land\mka\satdeedp"ueo 18 to (A) Easement "6" (area: 7,354 square feet or 0.1688 acre); (B) Sewer Easement "B" (15 -feet wide, area: 412 square feet); (C) Sewer Easement "C" (15 -feet wide, area: 71,038 square feet); and (D) Sewer Easement "D-1" (15 -feet wide, area: 3,330 12. GRANT TO HAWAIIAN TELEPHONE COMPANY, a Hawaii corporation, now known as VERIZON HAWAII, INC. DATED April 9, 1955 RECORDED Liber 2951 Page 238 GRANTING an easement for utility right-of-way as shown on map attached thereto for a term of thirty (30) years commencing April 1, 1955 to and including March 31, 1985, and thereafter from year to year until terminated 13. Restriction of rights of vehicle access into and from the Hawaii Belt Road, Seismic Wave Damage Rehabilitation Project No. SDR 3 (2), pursuant to the rights (of access) conveyed to the State of Hawaii, by DEED dated August 27, 1957, recorded in Liber 3326 at Page 108. 19. Non-exclusive roadway easement fifty (50) feet wide for ingress and egress thereto and therefrom the Grantor's existing macadam cane haul road, and also a non- exclusive easement for ingress and egress thereto and therefrom over the Grantor's adjoining macadam cane haul road and other roads of the Grantor in favor of Tax Key (3) 2-8-007-058, as set forth in instrument dated April 17, 1974, recorded in Liber 9914 at Page 148, said fifty (50) feet wide roadway being more particularly described as follows: All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 7192, Land Commission Award Number 8559-B, Apana 17 and 18 to William C. Lunalilo) situate, lying and being at Pepeekeo and Makahanaloa, District of South Hilo, Island and County of Hawaii, State. of Hawaii, and more particularly described as follows: Beginning at the northwest corner of this parcel of jk\land\mka\9atdeedpuueo 19 land, along the south side of the above described parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 2,523.27 feet north and 7,044.66 feet east, thence running by azimuths measured clockwise from true South: 1. 2710 56' 50.00 feet along the remainder of R. P. 7192, L. C. Aw. 8559- 7, Apanas 17 and 18 to Wm. C. Lunalilo; 2. 1" 56' 89.81 feet along same; Thence along a curve to the right with a radius of 153.00 feet, the chord azimuth and distance being: 3. 190 22' 91.68 feet along same; 4. 36' 48' 25.45 feet along same; Thence along a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 5. 351" 48' 14.14 feet along same; 6. 1260 48' 70.00 feet along same; Thence along a curve to the left with a radius of 10.00 feet, the chord azimuth and distance being: 7. 2610 48' 14.14 feet along same; 8. 216° 48' 25.45 feet along same; Thence along a curve to the left with a radius of 103.00 feet, the chord azimuth and distance being: 9. 199° 22' 61.72 feet along same; 10. 181° 56' 89.81 feet along same to the point of beginning and containing an area of 10,201 square feet. jk\land\mka\satdeedpuueo 20 49 15. GRANT 10 TO HILO ELECTRIC LIGHT COMPANY, LIMITED a 25.66 Hawaii corporation, now known as HAWAII ELECTRIC LIGHT COMPANY, INC. DATED June 12, 1979 RECORDED Liber 10017 Page 135 Mamalahoa Highway GRANTING perpetual easement and right of way for overhead transmission lines over and across Easement 27, described as follows: EASEMENT 27 FOR OVERHEAD TRANSMISSION LINES IN FAVOR OF HILO ELECTRIC LIGHT COMPANY, LIMITED LAND SITUATED BETWEEN MAMALAHOA HIGHWAY (FEDERAL AID PROJECT NO. 19-B (1)) AND APPROXIMATELY 200 FEET WEST OF THE PEPEEKEO MILL SITE AT PEPEEKEO, SOUTH HILO, HAWAII, HAWAII Being portion of Royal Patent 7192, Land Commission Award 8559-B, Apanas 17 and 18 to William C. Lunalilo Beginning at the southwest corner of this easement, on the easterly side of the Mamalahoa Highway (Federal Aid Project No. 19-B (1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 1,965.61 feet north and 1,990.78 feet east, and running by azimuths measured clockwise from true South: 1. 1830 56' 25.66 feet along the easterly side of the Mamalahoa Highway (Federal Aid Project No. 19-B (1)); 2. 260' 55' 755.56 feet along the remainder of R. P. 7192, L. C. Aw. 8559- B, Apanas 17 and 18 to William C. Lunalilo; 3. 299' 23' 1137.53 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 9. 1600 51' 22.59 feet along remainder of R. P. 7192, L. C. Aw. 8559-8, Apanas 17 jk\land\mka\satdeedpuueo 2 1 5. 2500 51' 6. 3900 51' 7. 257" 19' 8. 169° 43' 9. 2590 93' 10. 3990 43' 11. 2620 07' 12. 1" 56' 13. 82' 07' 3.00 22.59 988.89 22.55 3.00 22.55 2276.15 25.37 2772.27 jk\land\mka\satdeedpuueo 22 ft and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. 16. GRANT TO HILO ELECTRIC LIGHT COMPANY, LIMITED, a Hawaii corporation, now known as HAWAII ELECTRIC LIGHT COMPANY, INC. DATED November 14, 1974 RECORDED Liber 10272 Page 555 GRANTING non-exclusive right and easement for utility purposes as shown on map attached thereto jk\land\mka\aatdeedpuueo 23 Lunalilo; 14. 77° 19' 487.97 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 15. 64° 23' 1138.35 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 16. 3420 39' 22.58 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 17. 72° 39' 3.00 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 18. 1620 39' 22.58 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo; 19. 800 55' 763.45 feet along remainder of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo, to the point of beginning and containing an area of 2.969 acres. 16. GRANT TO HILO ELECTRIC LIGHT COMPANY, LIMITED, a Hawaii corporation, now known as HAWAII ELECTRIC LIGHT COMPANY, INC. DATED November 14, 1974 RECORDED Liber 10272 Page 555 GRANTING non-exclusive right and easement for utility purposes as shown on map attached thereto jk\land\mka\aatdeedpuueo 23 17. GRANT TO HILO ELECTRIC LIGHT COMPANY, LIMITED, a Hawaii corporation, now known as HAWAII ELECTRIC LIGHT COMPANY, INC. DATED November 20, 1979 RECORDED Liber 10297 Page 10 GRANTING a non-exclusive easement for poleline right-of-way as shown on map attached thereto for a term of thirty (30) years commencing December 1, 1974 to and including November 30, 2004 18. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and HAWAIIAN TELEPHONE COMPANY, a Hawaii corporation, now known as VERIZON HAWAII, INC. DATED August 5, 1977 RECORDED Liber 12530 Page 760 GRANTING nonexclusive rights and easement to build, construct, rebuild, reconstruct, repair, maintain and operate pole and wire lines, etc. through, over, along and across the following described easements: EASEMENT A For Utility and Access Purposes Being a Portion of R.P. 7192, L.C.Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo Beginning at the westerly corner of this strip of land, on the easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 1268.29 feet south and 3917.69 feet east and thence running by azimuths measured clockwise from true South: 1. 149" 51' 102.03 feet along the easterly side of Mamalahoa Highway; 2. 1690 25' 95" 13.95 feet along the remainder of R.P. 7192, L.C.Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo; 3. 323" 33' 10" 152.69 feet along same; jk\land\mka\satdeedpuueo 24 9. 3260 45' 50" 158.25 feet along same; 5. 2660 00' 194.81 feet along same; 6. 2890 12' 80.14 feet along same; 7. 268° 38' 186.21 feet along same; Thence along same on a curve to the left with a radius of 270.00 feet, the chord azimuth and distance being: 8. 258' 13' 30" 97.56 feet; 9. 2970 99' 328.64 feet along same; 10. 337" 99' 12.00 feet along same along Lot "STP"; 11. 247" 49' 265.00 feet along same; 12. 260' 29' 119.78 feet along same; 13. 247' 99' 160.00 feet along same and the remainder of the old Railroad Right -of - Way; 19. 337" 49' 21.97 feet along the remainders of R.P. 7192, L. C. Aw. 8559- 7, Apanas 17 and 18 to Wm. C. Lunalilo and the old Railroad Right -of -Way; 15. 67" 99' 933.67 feet along the remainder of the old Railroad Right -of -Way, along the Kulaimano- Pepeekeo boundary along Lots 10 and 9 of the Kulaimano Homesteads; 16. 880 38' 252.72 feet along the remainder of R.P. 7192, L.C.Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo; 17. 880 38' 57" 170.00 feet along Deed: Pepeekeo Sugar Company to Hawaii Assemblies jk\land\mka\satdeedpuueo 25 40 18. 780 54' 57" 0 of God, Inc., dated Dec. 26, 1962 and recorded in Liber 4431, page 209; 54.50 feet along same; Thence along same on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 19. 24' 57' 57" 32.34 feet; 20. 1510 0' 302.52 feet along the easterly side of Mamalahoa Highway to the point of beginning and containing an area of 85,921 square feet or 1.972 acres. EASEMENT A-1 (25.00 feet wide) In favor of Hawaii Electric Light Co., Inc. over and across portion of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo Pepeekeo and Makahanaloa, South Hilo, Hawaii Beginning at a centerline point at the easterly end of this strip of land, said centerline point being also a point on the westerly boundary of Lot "STP", the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 1195.08 feet south and 4864.99 feet east and running by azimuths measured clockwise from true South: 1. 620 10' 491.95 feet to a point at the northerly side of Easement "A" and containing an area of 12,299 square feet. 19. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation DATED June 20, 1979 RECORDED Liber 13993 Page 531 GRANTING non-exclusive right and easement to build, jk\land\mka\na[deedpuueo 26 G 00 to construct, rebuild, reconstruct, repair, maintain and operate pole and wire lines, etc. along, across, over, through and upon the following described easement: jk\land\mka\satdeedpuueo 27 EASEMENT 28 Electric Transmission Line Easement Portion R. P. 7192, L. C. Aw. 8559-B, Apana 11 and 18 Pepeekeo, South Hilo, Hawaii Beginning at the northeast corner of this easement and also the west side of Pepeekeo Switching Station, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 2,648.15 feet north and 7,000.33 feet east and running by azimuth measured clockwise from true South: 1. 1' 56' 92.87 feet along Pepeekeo Switching Station; 2. 92' 38' 30" 388.15 feet along remainder R. P. 7192, L. C. Aw. 8559-B:17 6 18; 3. 91" 09' 318.58 feet along same; 4. 80" 19' 2,038.31 feet along same; 5. 76° 21' 1,011.23 feet along same; 6. 690 11' 30" 895.12 feet along same; 7. 3400 29' 27.52 feet along same; 8. 700 29' 3.00 feet along same; 9. 160" 24' 27.51 feet along same; 10. 760 36' 432.97 feet along same; 11. 6" 23' 54.43 feet along same; 12. 80" 55' 10.38 feet along 69KV transmission Easement 27; 13. 1860 23' 53.60 feet along remainder R. P. 7192, L. C. Aw. 8559-B: 17 6 18; 14. 760 36' 69.99 feet along same; jk\land\mka\satdeedpuueo 27 15. 1830 56' 16. 2560 36' 17. 1100 24' 18. 1830 56' 19. 2900 29' 20. 256' 36' 21. 2990 11' 30" 22. 160" 16' 23. 250° 16' 24. 340' 16' 25. 256' 21' 26. 168' 20' 27. 258° 20' 28. 3480 20' 29. 2600 19' 30. 1750 41' 30" 31. 2650 41' 30" 32. 355° 91' 30" 33. 2710 04' 39. 2700 00' 30" 26.19 feet along Hawaii Belt Highway; 99.65 feet along remainder R. P. 7192, L. C. Aw. 8559-B: 17 s 18; 99.99 feet along same; 26.08 feet along Hawaii Belt --Highway; 89.19 feet along remainder R. P. 7192, L. C. Aw. 8559-B: 17 6 18; 409.92 feet along same; 895.07 feet along same; 27.60 feet along same; 3.00 feet along same; 27.59 feet along same; 1,011.80 feet along same; 27.54 feet along same; 3.00 feet along same; 27.59 feet along same; 2,038.47 feet along same; 32.59 feet along same; 3.00 feet along same; 32.59 feet along same; 320.88 feet along same; 388.76 feet along remainder R. P. 7192, L. C. Aw. 8559-B: 17 6 18 to the point of beginning and containing an area of 3.169 acres. jk\land\mka\satdeedpuueo 28 20. GRANT TO DATED RECORDED CONSENT GRANTING WATER COMMISSION OF THE COUNTY OF HAWAII November 5, 1980 Liber 15179 Page 711 Said easement is subject to those certain covenants, conditions, reservations and restrictions set forth therein a 15 -foot wide Road and Pipeline Easement for its Pepeekeo Water System Well Site, described as follows: PARCEL 1, 15 -FT. WIDE ROAD AND PIPELINE EASEMENT being a portion of R. P. 7192, L. C. Aw: 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo, South Hilo, Hawaii Tax Map Key: 2-8-07:portion 01 Beginning at the northwest corner of this 15 -Ft. Wide Road and Pipeline Easement and on the easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 320.37 feet south and 3355.52 feet east, thence running by azimuths measured clockwise from true South: 1. 2660 95' 157.48 feet along the remainder of R. P. 7192, L. C. Aw. 8559- 7, Apanas 17 and 18,to Wm. C. Lunalilo; 2. 2460 99' 219.07 feet along same; 3. 272" 28 30" 229.55 feet along same and along the southerly boundary of well site; 4. 20 28' 30" 15.00 feet along the remainder of R. P. 7192, L. C. Aw. 8559- 7, Apanas 17 and 18 to Wm. C. Lunalilo; 5. 920 28' 30" 221.13 feet along same; 6. 660 99' 218.29 feet along same; 7. 860 45' 157.74 feet along same; B. 1670 92' 15.19 feet along the easterly side of jk\Iand\mka\9atdeedpuueo 29 21 22 23 4 we Mamalahoa Highway, to the point of beginning and containing an area of 8,987 square feet or 0.206 acre. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and HAWAIIAN TELEPHONE COMPANY, a Hawaii corporation, now known as VERIZON HAWAII, INC. DATED October 13, 1981 RECORDED Liber 16311 Page 672 GRANTING nonexclusive right and easement for utility purposes as shown on map attached thereto GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and HAWAIIAN TELEPHONE COMPANY, a Hawaii corporation, now known as VERIZON HAWAII, INC. DATED October 13, 1983 RECORDED Liber 17617 Page 279 GRANTING nonexclusive right and easement to build, construct, rebuild, reconstruct, repair, maintain, operate and remove pole and wire lines and/or underground lines, etc., along, across, over, through, upon and under those certain parcels described therein GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation DATED November 17, 1988 RECORDED Liber 22574 Page 172 GRANTING nonexclusive right and easement to build, construct, rebuild, reconstruct, repair, maintain, operate and remove pole and wire lines and/or underground lines, etc., along, across, over, through, upon and under Easement 31, described as follows: EASEMENT 31 For Utility Purposes Affecting R. P. 7192, L. C. Aw. 8559-B jk\land\mka\satdeedpuueo 30 Apanas 17 and 18 to Wm. C. Lunalilo Makahanaloa, Pepeekeo, South Hilo, Hawaii Beginning at the northwest corner of this parcel of land, also being the southwest corner of Easement 27, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 1,564.58 feet north and 2,751.39 feet east and running by azimuths measured clockwise from true South: 1. 2520 39' 3.00 feet along Easement 27; 2. 392° 39' 9.00 feet; 3. 720 39' 3.00 feet; 4. 1620 39' 9.00 feet to the point of beginning and containing an area of 27 square feet. 24. GRANT TO MICHAEL G. DAY and JOCELYN J. DAY, husband and wife, as Tenants by the Entirety DATED August 24, 1990 RECORDED Document No. 90-137012 GRANTING nonexclusive easement for roadway purposes through, over and across the roadway as shown on maps attached thereto 25. GRANT TO MICHAEL G. DAY and JOCELYN J. DAY, husband and wife, as Tenants by the Entirety DATED December 24, 1992 RECORDED Document No. 92-219537 GRANTING nonexclusive easement for roadway and utility purposes through, over and across roadway as shown on map attached thereto 26. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, now known as VERIZON HAWAII, INC. DATED May 11, 1993 RECORDED Document No. 93-106319 GRANTING a non-exclusive right and easement for jk\land\mka\satdeedpuueo 31 40 • utility purposes as shown on the map attached thereto. 27. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT WATER INTAKE LICENSE AGREEMENT AND GRANT OF EASEMENT DATED May 29, 2001 RECORDED Document No. 2001-083090 PARTIES MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation, BREWER ENVIRONMENTAL INDUSTRIES, LLC, a Hawaii limited liability company, CONTINENTAL PACIFIC, LLC, a Delaware limited liability company 28. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. -Note:- A current survey, with metes and bounds description, should be made of said premises. 29. Any unrecorded leases and matters arising from or affecting the same. 30. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statutes. 31. The terms and conditions of said easements as more particularly set forth in that certain Grant of Easements and Easement Terms by and between MAUNA KEA AGRIBUSINESS CO., INC., BREWER ENVIRONMENTAL INDUSTRIES, LLC, CONTINENTAL PACIFIC, LLC, PEPEEKEO SOIL AND MULCH, LLC, and PEPEEKEO BANANA, LLC, dated of even date herewith or near even date, recorded contemporaneously with and immediately following this Deed. jk\land\mka\satdeedpuueo 32 I e c 4 A tr 1 'I w.rb •. •....•... T.I 4, . err;'' . »..- , �X • ". _, 1-. •� ' fLr/ �� / �� r 1• IOM )4 7 � . 2 8 10 7 . 1 r;•;rn4•. 1 "j21 It Jv 8 1 1 II ti•+I J � _ �j �' MT L-4___, if al Sch \ 1 Ccpynrhi 0 1999 Url.°nnr L..n pu,n M!' 0.096 $°unr Un.: USCS- { -'------{XO h Sralc 1 : 17.MU pruil: N-0 Dnum: h'C SM EXHIBIT C / Ck .2 IL -•PInIAi01999 DrLomu Yarmou+h.M •• [ 0+096 lovrtr Ona: USCS � —�•ph Sr Nr:l: ❑,bm Dria il: 1.-0 0,,..:N'CSW EXHIBIT D go We R•436 srATE Op HAWAU SURE;AU CP OONVEYANq,, SEP It 2002CORDED 06:01 AM MCC No(S) 2002.161150 UI1�I�III�II��uuII��III�IIIA�I� REGISTRARFWATANAB CONVEYANOSS 5 111 Z4 CONVEYANC6TAX.-21,o0 LAND COURT SY37EM '(�1 � RMG1l1I.AR,SYSTEM Retumb)r MAIL (X DtCKUP( TO: tC7 3z0r"l7 B PETER K. K[1SOTA 1MIe ATP =A FA NN TITLE NO: (� �ti�`,�� ,, f1 � ♦ZS 505 &17,AITEA. A.VENDE ESCROWNO.: ��►:1.N"�l HIIA, &X 96720 UWDOClJb78NTCDNTAES QUITCLAIM DL+ED PARTIES TO DOCMABN75 GRANTOR: rZPEEIEO SOIL AND MMCa COMPANY, LLC, a Mwaii limitod Liability company, whose mailing address is SOS lWaiuea Avenue, IDIo, Hawaii 96720, and CONTINENTAL PACIFIC, LLC, a Delaware limited inability compagy, whose mailing address is R 0. Box 768, Troy, Alabama 36081 GR&NTEEc CONTINFLNTAL PACIFIC, LLC, a Delaware limited liability company, v6ose mailing address is P. O. Bos 759, Troy, Alabama 3609X TAXA4AP "y (s) 2.8-007:007 PKK�Hoadcrsoa aovalapmcrN8.26-02 EXHIBIT D-2 QUITCLAIM DEED PEPEEICEO SOIL AND MUCH COMPANY, LLC, a Hawaii limited liability company, Whose mailing address is 505 Kilauea Avenue, Hilo, Hawaii 96720, and CONTINENTAL PAbMC, LLC, aDelaware limited liability company, whose mailings address is P. O. Boz 755, Troy, Alabama 36081. hereindler called the "Granton', is consideration of the sum of Tea Dollars (510.00) and other good and valuable consideration to the Grantor paid by CONT>NEMAL PACIFIC, ,LLC, a Delaware limited liability company, whose mailing address is P. O. Boa 755, Troy, Alabama 36081, here=inafter called the ^Gtaatea", the receipt of which is acknowledged, remises; releases and quitclaims unto the Oraotee, the Property described is atmehod Exhibit "A", heraln called the "pMeW- AND the reversions, remainders, teats, issues and profits and all of the estr_to, rlgbk title and interest of the Gtanmr, both at law and in equity, is and to the property. TO HAVE AND TO FIOLD the property, including the improvements thereon. and all rights, easements, priv$oges and appurtenances belonging or appertaining to or held and enjoyed with the property, umo the Grantee, and the Grantee's successors and assigns. in fee simple forever. Tbis instrument and the covenants of the Grantor shall be binding upon the Grantor and inure to the benefit of the Grantee. T1= terms "Granter" and "Grantee" as and when used herein, or any pronouns used in: place thereof, shall mean and include the singular or plural number, individuals, partnerships, trrlstees and corporations, and each of their respective heirs, personal representatives, successors and assigns. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed 2 we qB This insiruraviat may be executed on facsimile copies, and in counterparts, each of which shall be deemed an original. When all counterparts have been executed and assembled, all of said counterparts shall constitute one and the same instrument, binding all of the parties hereto, notwithstanding that aM of'the parties are not signatory to the original or to the same counterparts. Por all purposes, including without limitation, recordation, filing and delivery of this imstrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and t%a remaining pages assembled as out document. APIWV= AS TO 74RM PSrN, Y-IMBOTA ATTORIW AT LA W Y B-fr04 PEPEEKEO SOIL AND MULCH COMPANY, LLC, a Ilawad limited liability company JME A. ER5 N Its Managing Member CONTINENTAL PACIFIC, LLC, a Delaware limited liability company 3 is STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On thisj!F!Lo-day o 2002, before me personally appeared JERE A. HENDFJMN, to me known, ho, being by toe duly sworn, did say that he is the Managing Member oflPepeckeu Soil and Mulch Cotnparry, LLC, a Hawaii lirmited liability company, that the foregoing instrument was signed in the name of and on bebalf of said limited liability company, and said person acknowledged that be executed the same as his free act and deed and as rhe free act and deed of said limited liability company. STATE OF HAWAII COUNTY OF HAWAII 3S: On this645tlnday of 2002, before me pepannlly appeared jFIM A. SENDEPSoN, to me known, who, being by me duly sworn, did say that bt is the Managing Member of Continental Pacific, LLC, it Delaware limited liability company, that the foregoing instrument was signed la the name of and on behalf of said limited liability company, and said person acknowledged that ho executed the same as his free act and deed and as tba free act and deed of said limited liability company. t, il�lllIII11l/e/}�� -`` �✓ � Nam Notary Pub.5 , State ofHswaii y `eL'psL1 ,\ My commission expires: LAU We V EXHIBIT A All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal patent Number 7192, Land Commission Award Number 8559-B, Apana 17 and 18 to William C. Lunalilo; portion of Royal Patent r;rant Number 1158 to John Pelham; and all of Apana 2 of school Grant Number 1 to the Hoard of Education) situate, lying and being at Makahanaloa. Pepeekeo, and Kahua, District of South Hilo, Island and Count of Hawaii, state of Hawaii, bearing Tax Key designation (3) 2-8-007-001, containing an area of 776.465 acres, more or less. Excluding from the above, all of Apana 2 of School Grant Number 1 to the Board of Edudation containing an area of 2 06/100 acre, more or less. Together with a hon -exclusive easement for roadway and utilities purposes over and across the easement area described thereto, as granted by GRANT. OF EASEMENT (ROADWAY), dated May 17, 2001, rscorded as Document No. 2001-082029; and subject to the terms and provisions, including the fallurs to comply with any covenants, conditions and reservations, contained therein. BEING THE PREM192S ACQUIRED BY SATISFACTION DEED GRANTOR PUUEO MAUKA, LLC, formerly BANYAN TREE, LLC, a Delaware limited liability company GRANTEE PEPEEKEO MULCH AND SOIL COMPANY, LLC, a Hawaii limited liability company, as to an undivided.7% interest, and CONTINENTAL PACIrIC, LLC, a Delaware limited liability company, as to an undivided 93tinterest DATED March 14, 2002 RECORDED Document No. 2002-046626 Together with a perpetual non-exclusive easement over, across and under Easement 2 as shown on the mapiattached thereto, as granted by GRANT OF EASENSNT AND EAS,14ENT TERMS dated March 14, 2002, recorded as Document No. 2002-046831, and subject to the terms and provisions, including the Failure to comply with any covenants, conditions and reservations, contained therein. M slit@ ^ ll Q* R-7031 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED JUN 27. 2002 09:30 AM Doc NO(S) 2002.113720 Isf CARL T. WATANABE IIIIIIII�III�I��IIIIII�I�nIUIlYlllll REGISTRAR OF CONVEYANCES CONVEYANCE TAX: 50.00 25 Ste Z6 REGULAR TITLE OF DOCUMENT: LIMITED WARRANTY SATISFACTION DEED Grantor: FUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company; Grantee: MAUKALOA FARMS, LLC, a Hawaii limited liability company, whose address is 505 Kilauea Avenue, Hilo, Hawaii 96720. ts: jklandmkaBEIConti Maukaloa 6/21/02 1 •rn3.s aoc Contains pages. EXHIBIT D-3 LIMITED WARRANTY SATISFACTION DEED KNOW ALL MEN BY THESE PRESENTS: This Deed made this day of JUVJ 2002, by and between PUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company, whose address is 311 Pacific Street, Honolulu, Hawaii 96817, Attention: J. Alan Kugle, hereinafter called the Grantor, and MAUKALOA FARMS, LLC, -a Hawaii limited liability company, whose address is 505 Kilauea Avenue, Hilo, Hawaii 96720, hereinafter called the Grantee, I T N E S S E T H T H A T: WHEREAS, by Agreement of Sale dated August 29, 2001 (the "Agreement of Sale") and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2001-160629, as amended by unrecorded Modification Agreement dated June 20, 2002, by and among MAUNA KEA AGRIBUSINESS CO., INC., BREWER ENVIRONMENTAL INDUSTRIES, LLC, CONTINENTAL PACIFIC, LLC, PEPEEKEO SOIL AND MULCH COMPANY, LLC and JEREMIAH A. HENDERSON, a short form of which, dated �WU 4�44,. 9207- , is recorded in the Bureau of Conveyances of the state of Hawaii as Document No. 2002- a000 "0 114 , BREWER ENVIRONMENTAL INDUSTRIES, LLC, a Hawaii limited liability company, as "Seller", agreed to sell, and CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, as "Purchaser", agreed to purchase an undivided interest in and to all of the real property described in Exhibit A attached hereto jklandmka.BEIConti 2 Maukaloa 6/21/02 ------ ---- and made a part hereof (hereinafter the "Property"); and WHEREAS, the Agreement of Sale, as amended was assigned to Grantee by Assignment of Purchasers Interest in Agreement of Sale dated �" )UlXL �Wk j 1607.- , recorded in //said Bureau of Conveyances as Document No. 2002- 1I3il,q ; and WHEREAS, Grantee and said CONTINENTAL PACIFIC, LLC, have paid the obligations and performed all of the covenants and conditions of the Agreement of Sale, as amended; NOW THEREFORE, in satisfaction of the terms of the Agreement of Sale, as amended, Grantor has sold and by these presents does hereby bargain, sell, assign, convey and transfer unto MAUKALOA FARMS, LLC, a Hawaii limited company, whose address is 505 Kilauea Avenue, Hilo, Hawaii 96720, hereinafter called the Grantee, as tenant in severalty, all of its undivided forty percent (40$) interest in the property described in Exhibit A attached hereto and by reference made a part hereof, together with an Assignment to Grantee of limited warranties of title contained in that certain Limited Warranty Deed and Assignment of Agreement of Sale by and between BREWER ENVIRONMENTAL INDUSTRIES, LLC and PUUEO MAUKA, LLC dated of even date. Grantor, Grantee and CONTINENTAL PACIFIC, LLC hereby recognize and agree that conveyance of the undivided interest conveyed in this deed is in full satisfaction under said Agreement of Sale, except for those matters set forth in that certain Hazardous Materials Agreement dated ``Jttune 20, 2002, and that certain Co -Tenancy Agreement dated .J1�hp �-q�dJidywhich jklandmkaBEIConti 3 Maukaloa 6/21/02 0 shall survive closing of this Deed. Any difference in said undivided interest from that recited in the Agreement of Sale, as amended, reflects adjustments to which all of said parties have agreed. TOGETHER, with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, forever. AND the Grantor covenants with the Grantee that the former is now seised in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances made or suffered by persons claiming by, through or under the Grantor, except the liens and encum- brances hereinbefore mentioned, and except also the liens and encumbrances created or suffered by the Grantee or its predecessor in interest after October 12, 2001; and that the Grantor will WARRANT and DEFEND the same against the lawful claims and demands of all persons claiming by, through or under the Grantor, except as aforesaid. The Grantee acknowledges and agrees that, except for warranties of title and continuing hazardous materials warranties contained in that certain unrecorded Hazardous Materials Agreement jklandmkaBEIConti g Maukaloa 6/21/02 dated June 20, 2002, as set forth herein, the property shall be conveyed to the Grantee in its "AS IS, WHERE IS" CONDITION. Effective upon recordation of this Deed, the Grantee assumes, and the Grantor disclaims, all liability for, and all risks regarding all aspects of the property, including, without limitation: (1) the risk of any physical condition affecting the property, including, without limitation, underground storage tanks, any soils conditions, any archeological or historical conditions, endangered species or federal wetlands; (2) the risk of any damage or loss to the property caused by any means including, without limitation, tsunami, flood, earthquake or volcanic eruption; and (3) the risk of use, zoning, habitability, merchantability or quality of the property or the suitability of the property for its present use, or the Grantee's intended use or future development. The Grantee agrees that the Grantor shall not be liable for any representation or warranty, express or implied, regarding the conformance of the property with land use, zoning, environmental or other laws nor with respect to any aspect of the property including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, suitability, habitability, quality, physical condition and value. The Grantor disclaims any and all liability for any and all such representations and warranties except as set forth in, and strictly limited to, this Deed. It is agreed by and among all of the undersigned that except jklandmkaBEIConti 5 Maukaloa 6/21/02 we for continuing obligations contained in the unrecorded Hazardous Materials Agreement dated June 20, 2002 and in the Co -Tenancy Agreement of even date herewith, the execution and delivery of this instrument shall conclusively evidence the full performance by each of them of all of their respective obligations under the Agreement of Sale, as amended; it is further agreed by the Grantor, the Grantee and said CONTINENTAL PACIFIC, LLC, by its joinder herein, that said CONTINENTAL PACIFIC, LLC, in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, receipt whereof is hereby acknowledged, does hereby release, remise and quitclaim unto Grantee any and all right, title and interest which said CONTINENTAL PACIFIC, LLC may have in the Property by virtue of said Agreement of Sale, as amended, or otherwise. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same conveyance, binding all of the parties hereto notwithstanding all of the parties are not signatory to the original or same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. jklandmkaBEIConti 6 Maukaioa 6/21/02 n IN WITNESS WHEREOF, the said Grantor and Grantee and CONTINENTAL PACIFIC, LLC have hereunto executed these presents on this Cµh day of `�'L , 2002. PUUEO MAUKA, LLC Formerly Banyan Tree, II LLC By Lh it Manager, J. ALAN KUGLE [efts"4- � e I MAUT; FARMS, LLC By ar er Its Managing Member jklandmkaBEIConti 7 Maukaloa 6/21/02 GRANTEE CONTINENTAL PACIFIC, LLC a Del a7�+arenli.�ited liability company B �'/I {-1111 AN�/)�r�,fo�j7f�� Y Its managing member J. Barron Strother By JOINDER jklandmkaBEIConti Maukaloa 6/21/02 go— .. - to -- STATE OF HAWAII ) �� SS: OF H S ,() On this �`� day of 2002, before me personally appeared J. ALAN KUGLE,,who is the Manager of PUUEO MAUKA, LLC, formerly Banyan Tree, LLC, a Delaware limited liability company, and that the instrument was signed in behalf of said company by authority of its Operating Agreement, and said person acknowledged the instrument to be the free act and deed of said company. INAICHAEL I. NAGAI Notary Public Expiration Date: January 21, 2003 State of Hawaii My commission expires jklendmkaBEIConti 9 Maukaloa 6/21/02 STATE OF HAWAII so __ . ... we SS: COUNTY OF HAWAII } , On this ;` day of lwu , 2002, before me personally appeared J.Tar—von Strother to me personally known, who, being by me duly sworn; did say that he is the Managing Member of MAUKALOA FARMS, LLC, a Hawaii limited liability company; and that the instrument was signed in behalf of said company by authority of its Members and said person acknowledged the instrument to be the free act and deed of said company as t a ing er. Notary Public State of Hawaii My commission expires: jklandmkaBEIConti 10 Maukaloa 6/21/02 MICHAEL I. NAGAI Expiration Date: January 21, 2003 _so STATE OF HAWAII) j SS: COUNTY OF On this day of , 2002, before me personally appeared �� n„rr�, crrnt r to me personally known, who, being by me duly sworn, did say that he is the '10'12" Member of CONTINENTAL PACIFIC, LLC, a Delaware limited liability company; and that the instrument was signed in behalf of said company by authority of its operating Agreement and said person acknowledged the instrument to be the free act and deed of said company as the Managing Member. Notary Public State of Hawaii My commission expires: STATE OF HAWAII SS: COUNTY OF rvuK,rIAtL 1. NAGAI Expiration Date: January 21, 2003 On this day of , 2002, before me personally appeared to me personally known, who, being by me duly sworn, did say that he is the of CONTINENTAL PACIFIC, LLC, a Delaware limited liability, company; and that the instrument was signed in behalf of said company by authority of its and said person acknowledged the instrument to be the free act and deed of said company as the Managing Member. Notary Public State of Hawaii My commission expires: jklandmkaBEIConti 11 Maukaloa 6/21/02 N we EXHIBIT A, All of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent Number 7192, Land Commission Award Number 8559-B, Apanas 17 and 18 to William C. Lunalilo) situate, lying and being at Pepeekeo and Makahanaloa, District of South Hilo, island and County of Hawaii, State of Hawaii, bearing Tax Key designation (3) 2-8-007-053, and containing an area of 44.954 AC, more or less. Together with a non-exclusive easement over Easement 1, for road and utility purposes, more particularly described as follows: Beginning at a point at the Northwest corner of this parcel of land -1d at the end of course 41 of the 'above described parcel of land, the ordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,159.18 feet north and 5,908.54 feet east, and running by azimuths measured clockwise from true South: 1 2 3. 4. 5. 6, VB 3460 34' 30" 60.00 feet along Easement 2; 760 34' 30" 479.42 feet; Thence on a curve to the left having a radius of 2,070.00 feet, thechordazimuth and distance being: 70" 43' 15" 422.27 feet; 640 52' 260.87 feet; Thence on a curve to the left having a radius of 145.00 feet, the chord azimuth and distance being: 460 34' 30" 91.02 feet; 28° 17' 108.09 feet; Thence on a curve to the right having a radius of 470.OD feet, the chord azimuth and distance being: 420 33' 231.12 feet; 12 we Thence on a curve to the left having a radius of 560.00 feet, the 13 chord azimuth and distance being: 8. 460 36' 22" 197.26 feet; Thence on a curve to the right having a radius of 660.00 feet, the chord azimuth and distance being: 9. 43" 43' 25" 166.84 feet; Thence on a curve to the left having a radius of 470.00 feet, the chord azimuth and distance being: 10. 410 521 43" 148.77 feet; 11. 32" 46, 20" 967.65 feet; Thence on a curve to the right having a radius of 760.00 feet, the chord azimuth and distance being: 12. 400 221 10" 200.96 feet; Thence on a curve to the right having a radius of 355.00 feet, the chord azimuth and distance being: 13. 65" 56' 219.01 feet; 14. 83" 541 - 205.52 feet; Thence on a curve to the right having a radius of 730.00 feet, the chord azimuth and distance being: 15. 90° 471 15" 178.08 feet; 16. 970 40, 30" 129.33 feet; Thence on a curve to the left having'a radius of 30.00 feet, the chord azimuth and distance being: 13 17. 35" 42' 52.96 feet to a point of the East side of Government Main Road 18. 1530 43' 30" 13.14 feet along the East side of Government Main Road; 19. 1590 53' 67.61 feet along the East side of Government Main Road; 20. 1650 401 72.59 feet along the East side of Government Main Road; Thence on a curve to the left having a radius of 50.00 feet, the cord azimuth and distance being: 21. 3130 40- 15" 55.91 feet; 22• 277° 40' 30" 173.93 feet; Thence on a curve to.the left having a radius of 670.00 feet, the chord azimuth and distance being: 270" 47' 15" 160.fi9 feet; 14. 2630 541 205.52 feet; Thence on a curve to the left having a radius of 295.00 feet, the chord azimuth and distance being: 25. 245" 56' 181.99 feet; Thence on a curve to the left having a radius of 700.00 feet, the chord azimuth and distance being: 2200 22, 10" 185.09 feet; 27. 212" 46' 20" 967.65 feet; Thence oh a curve to the right having a radius of 530.00 feet, the chord azimuth and distance being: 28. 223` 52, 43" 167.76 feet; 14 N Thence on a curve to the left having a radius of 600.00 feet, the chord azimuth and distance being: 29. 2230 43' 25" 151.68 feet; Thence on a curve to the right - having a radius of 620.00 feet, the chord azimuth and distance being: 30. 226' 361 22" - 216.39 feet; Thence on a curve to the left having a radius of 410.00 feet, the chord azimuth and distance being: 31. 2220 32, 201.61 feet; 32. 208a 171 108.09 feet; Thence on a curve to the right having a radius of 205.00 feet, the chord azimuth and distance being: 33. 226" 34' 30" 126.68 feet; 34. 244" 52, 260.87 feet; Thence on a curve to the right having a radius of 2,130.00 feet,, the chord azimuth and distance being: 35. 250" 43' 15" 434.51 feet; 36. 256" 34' 30" 479.42 feet to the point of beginning and containing an area of 5.6911 acres. Together with various rights, easements, pipelines, ditches, water flumes, etc., all as set forth in Deed recorded in Liber 8022 at Page 299, and subject to reservations set forth therein. Together with a non-exclusive easement for road and utility purposes over Easement 3-A, described as follows: 15 so All that certain parcel of land situate at Pepeekeo and Makahanaloa, District of South Hilo, Island and County of Hawaii, State of Hawaii, being a portion of Royal Patent 7192, Land Commission Award 8559-8, Apana6 17 and 18 to wm. C. Lunalilo and more particularly described as follows: Beginning at a point at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,663.47 feet north and 5,831.73 feet east and running by azimuths measured clockwise from true South: 1. 2380 00, 25.91 feet; 2. 3370 04, 2.22 feet; 3. 620 54' 25.65 feet to the point of beginning and containing an area of 0.0006 acre. TOGETHER with perpetual nonexclusive easements for road and utility purposes over Easement'6 Easement 1, Alia access; RR South, north segment, RR South well access segment, .all in Tax Map Key Parcel 2-6-7: 1 as described in Grant. of Easement and ,Easement Terms by and between Mauna Kea Agribusiness, Inc., a Hawaii corporation, Brewer Environmental Industries Holding, Inc., a Hawaii corporation, Continental Pacific, LLC, a Delaware limited liability company, Pepeekeo Soil. and Mulch Company, LLC, a Hawaii limited liability company, and Pepeekeo Banana, LLC, a Hawaii limited liability company dated --- and recorded as Document No. 2002-046831 to 2002-046635 on March 19, 2002 ("Grant of Easement and Easement Terms"). 16 BEING THE PREMISES ACQUIRED BY DEED GRANTOR HILO COAST PROCESSING COMPANY, a Hawaii agricultural cooperative GRANTEE BREWER ENVIRONMENTAL INDUSTRIES, LLC, a Hawaii limited liability company DATED July 2, 1997 RECORDED Document No. 97-099456 SUBJECT HowEvER, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with County regulation and/or ordinance andthe effect, if any, upon the area of the land described herein. 3• GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC. and VERIZON HAWAII, INC. DATED March 24, 1953 RECORDED Liber 2742 Page 213 GRANTING a perpetual right and easement to build, construct, rebuild, reconstruct, repair, maintain and operate a pole and wire line or underground power line through, over, across and under the following described easement area: 17 go 40 All of that certain parcel of land (being portion of the land(a) described in and covered by Land Commission Award Number 8559-B, Apanas 17 and 18, Royal Patent Number 7192 to Kanaina) situate, lying and being at Pepeekeo, Makahanaloa, Kahua, Makes, Hiliilau and Kaupakuea, South Hilo, Island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at Transmission Pole No. 49, the coordinates of said Point of beginning referred to Government Survey Triangulation Station "ALALA" being 723.45 feet north and 2849.97 feet east, thence running by azimuths measured clockwise from true South: 1. 242' 59, 174.60 feet through L. C. Aw. 8559-B to a corner pole; 2. 218° 24' 40" 2,444.00. feet through L. C. Aw. 8559-B to a corner pole; 3. 241° 44' 1,890.20 feet through L. C. Aw. 8559-B and -Lot 71-1 to a corner pole; 4. 3320 51' 230.00 feet through. L. C. Aw. 8559-B to a corner pole; 5. 2580 28' 30" 1,808.80 feet through L. C. Aw. 8559-B to a corner pole. Said easement for said main trunk line to be ten (10) feet wide, extending five (5) feet on each side of the center line, as shown on Map No. 1981 on file in the office of the Grantee, the Hilo Electric Light Company, Limited, and to include such portions of the adjoining lands beyond said easement at angle points, as may be necessary for guys and anchors. "U 4, DES]GRATION OF EASEMENT "2" PURPOSE road and utility SHOWN over the following described: Beginning at a point at the northwest corner of this parcel of land, being also the northeast corner of Easement 1, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,159.18 feet North and 5,908.54 feet East, and running by azimuths measured clockwise from true South: On a curve to the right having a radius of 3,405.00 feet, the chord azimuth and distance being: 1. 260a 07' 45" 422.17 feet; 2. 2630 41' 66.68 feet; Thence on a curve to the left having a radius of 2,670.00 feet, the chord azimuth and distance being: 3. 2590 54' 352.35 feet; 4• 2560 07' 90.70 feet; Thence on a curve to the left having a radius of 1,770.00 feet, the chord azimuth and distance being: S. 2510 20' 295.19 feet; 6. 2460 33" 19.46 feet; Thence on a curve to the right having a radius of 1,905.00 feet, the chord azimuth and distance being: 7• 2500 51' 15" 285.95 feet; 8• 255 09' 30" 138.05 feet; 19 Thence on a curve to the right having a radius of 930.00 feet, the chord azimuth and distance being: 9. 261" 15' 30" 197.65 feet; 10. 2670 21' 30" 258.18 feet; Thence on a curve to the right having a radius of 19,202.00 feet, the chord azimuth and distance being: 11. 267- 39, 30" 201.08 feet; 12. 267c 57' 30" 302.83 feet; 13. 3370 21' 30" 64.10 feet; 14. 870 57' 30" .325.38 feet; Thence on a curve to the left having a radius of 19,142.00 feet, the chord azimuth and distance being: 15. 870 39' 30" 200.45 feet; 16. 870 21' 30" 258.18 feet; Thence on a curve to the left having a radius of 870.00 feet, the chord azimuth and distance being: 17. 81a 15, 30" 184.89 feet; 18. 750 09, 30" 138.05 feet; Thence on a curve to the left having a radius of 1,845.00 feet, the chord azimuth and distance being: 19. 70a 51' 15" 276.94 feet; 20. 660 33' 19.46 feet; 20 Thence on a curve to the right having a radius of 1,830.00 5' DESIGNATION OF EASEMENT "3" PURPOSE road and utility SHOWN over the following described: Beginning at a point at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,663.47 feet North and 5,831.73 feet East, and running by azimuths measured clockwise from true South: I. 242" 54' feet, the chord azimuth and feet; 2. 337" distance being: 21. 71- 20, feet; 305.20 feet; 22. 76' 07' 224.65 90.70 feet; Thence on a curve to the right having a radius of 2,730.00 feet, the chord azimuth and distance being: 23. 79' 54' 360.27 feet; 24. 83" 41' 66.68 feet; Thence on a curve to the left having a radius of 3,345.00 feet, the chord azimuth and distance being: 25. 800 07' 45" 414.73 feet; 26. 1660 34' 30" 60.00 feet along Easement 1 to the paint of beginning and containing an area of 3.6324 acres. 5' DESIGNATION OF EASEMENT "3" PURPOSE road and utility SHOWN over the following described: Beginning at a point at the northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,663.47 feet North and 5,831.73 feet East, and running by azimuths measured clockwise from true South: I. 242" 54' 25.65 feet; 2. 337" 04' 298.07 feet; 3. 340v 23' 40" 224.65 feet; 21 Thence on a curve to the left having a radius of 3,405.00 feet, the chord azimuth and distance being: 4. 780 08, 23.9" 95.51 feet; Thence on a curve to the left having a radius of 50.00 feet, the chord azimuth and distance being: S. 212 41' 35.5" 70.27 feet; 6. 168- 03' 121.68 feet; 7. 1570 04' 343.00 feet to the point of beginning and containing and area of 15,732 square feet or 0.3612 acre. 6. DESIGNATION OF EASEMENT 04" PURPOSE road and utility SHOWN over the following described: Beginning at a point at the southeast corner of this parcel Of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,238.89 feet North and 6,390.74 feet East, and running by azimuths measured clockwise from true South: 1. 830 41' 66.68 feet; 2. 1970 42' 53.00 feet; 3. 160- OB' 156.00 feet; 4. 198- 46' 64.24 feet; 5. 341- 47' 263.93 feet to the point of beginning and containing an area of 9,250 square feet or 0.2123 acre. 22 so `• DES3GNATION OF EASEMENT "5" PURPOSE road and utility SHOWN over the following described: All that certain parcel of land situate at,Pepeekeo, Makahanaloa, South Hilo, Hawaii, being a portion of Royal Patent 7192, Land Commission Award 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo, more particularly described as follows: Beginning at a point at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3043.06 feet North and 8201.02 feet East and running by azimuths measured clockwise from true South: 1. 2136 55, 20" 269.00 feet; 2. 218" 350 30" 148.00 feet thence on curve to the 3. 212° 55' 44" 123.34 4. 182" IS, 44" 59.06 5. 337" 21' 30" 80.13 6. 33" 24- 58" 13.63 7• 34" 03- 127.03 S. 126" 12' 14.50 9. 36" 51 30" 141.30 10. 33" 55' 20" 249.50 11. 910 25' 20" 28.46 23 left having a radius of 625.00 feet, the chord azimuth and distance being: feet, thence on a curve to the left having a radius of 70.00 feet, the chord azimuth and distance being: feet; feet, thence on a curve to the right having a radius of 650.00 feet, the chord azimuth and distance being: feet; feet; feet; feet; feet; feet to the' point of beginning and containing an area of 0.3345 acres. 8 .. GRANT TO DATED RECORDED GRANTING 9. GRANT TO DATED RECORDED GRANTING 10. GRANT TO DATED RECORDER GRANTING HAWAII ELECTRIC LIGHT COMPANY, INC. and VERIZON HAWAII, INC. October 24, 1983 Liber 17537 Page 733 a non-exclusive right and -easement to build, construct, rebuild, reconstruct, repair, maintain, operate and remove pole and wire lines and/or underground lines, etc., for the transmission of electricity, along, across, over, through, upon and under the easements described as follows: MICHAEL G. DAY•and JOCELYN J'. DAY, husband and wife, as Tenants by the Entirety August 24, 1990 Document No. 90-137012 a non-exclusive easement for roadway purposes MICHAEL G. DAY and JOCELYN J. DAY, husband and wife December 24, 1992 Document No. 92-214537 a non-exclusive perpetual right and easement for roadway and utility purposes 24 11. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT WATER INTAKE LICENSE AGREEMENT AND GRANT OF EASEMENT DATED May 29, 2001 RECORDED Document No. 2001-083040 PARTIES By and between MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation, BREWER ENVIRONMENTAL INDUSTRIES, LLC, a Hawaii limited liability company, and CONTINENTAL PACIFIC, LLC, a Delaware limited company 12. Perpetual non-exclusive easements for road and utility purposes over, across and under RR North segment and Easement 2 as shown in the Grant of Easement and Easement Terms described above. 13. Easements as shown in AGREEMENT OF SALE dated August 29, 2001, recorded as Document No. 2001-160629. 14. Encroachments or any other matters which a correct archaeological study would disclose. ik\land\mka\Lwdee dwaaeign 25 SEIpuueo8ANVAN 6/21/04 go 40 R-560 STATE OF HAWAII BUREAU LIF 1-'JNVEYAN1:E5 RELCiROEU JUL LB, 1997 11'30 AM Do;= NO(s) 97-099455 /a/CARL T. WATANABE ACTING REGISTRAR OF CONVEYANCES CONVEYANCE TAX: $12797.70 Brewer Environmental Industries, LLC 827 Fort Street Honolulu, Hawaii 96813 544-6259 Total No. of Pages: (o Type Of Document: DEED Grantor: HILO COAST PROCESSING COMPANY, a Hawaii agricultural cooperative Grantee: BREWER ENVIRONMENTAL INDUSTRIES, LLC, a )fawaii liwited li.aL.Llity company 827 Fort Street, Honolulu, Hawaii 96813 Tas Map KOY Nos.: (3) 3-2-1-04 (3) 3-2-2-03, 04, 10, 11, 34, 47 and 64 (3) 3-2-3-08, 10, 12, 15 and 22 (3) 3-2-4-04, 18, 20, 24, 29 and 42 (3) 3-1-3-17 and 18 (3) 3-1-4-11, 16, 17 and 20 (3) 2-8-7-53 EXHIBIT D-4 �J n by Mail ( ) Pickup ( ) To,. CJ THIS INDENTURE is made as of the 2r4 day of S 1997, by and between HILO COAST PROCESSING COMHawaii agricultural cooperative, hereinafter called the "Grantor", and BREWER ENVIRONMENTAL INDUSTRIES, LLC, a Hawaii limited liability company, having its address at 827 Fort Street, Honolulu, Hawaii 96813, hereinafter called the •Grantee". For good and valuable consideration to it paid by the Grantee, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee, its successors and assigns, forever, all of that certain real property situate in the County and State of Hawaii and more particularly described in Exhibit A attached heret6 and made a part hereof (the "Property"); And the reversions, remainders, rents, issues and profits thereof and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto; TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith, unto the Grantee, absolutely and in fee simple, forever. N as The Grantor hereby covenants and agrees with the Grantee that the Grantor is lawfully seized in fee simple of the Property and has good right to give, grant and convey the same as aforesaid; that the same is free and clear of all encumbrances made by, through or under the Grantor except for non -delinquent real property taxes and except as set forth in Exhibit A; and the Grantor will WARS 17 AND DEFEND the sa-e unto Grantee against the lawf::l claims and demands of all persons whomsoever except as herein set forth. The Grantee does hereby assume and agree to pay the entire unpaid amounts due under the promissory notes secured by the mortgages described in said Exhibit A, held by the State of Hawaii, Agricultural Loan Division, Depart- ment of Agriculture, and by Hawaii Electric Light Company, Inc., a Hawaii corporation, together with interest thereon, in the manner set forth in said promissory notes; the Grantee will in all respects faithfully nbserve and perform all of the terms, covenants, provisions and conditions of said notes and mortgages; and the Grantee further covenants and agrees that the Grantee will indemnify and hold and save the Grantor and the successors and assigns of the Grantor harmless in the premises. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee and the Grantee's successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Deed as of the date first above written. grantor: HILO COAST PROCESSING COMPAt7Wq� By Name: KJIIL T. -•1 Title: ., . .-,..•� B Y Name: Katnla�n �o Title: Grantee: BREWER ENVIRONMENTAL INDUSTRIES, LLC By Brewer Environmental Industries Holdings, Inc. Its Manager )4i BY -- Name: Kc;:t I. Title: yjce Name: Title: �_ V STATE OF HAWAII CITY AND COUNTY OF HONOLULU On this .3(J fi, day of-Ti^•"r� personally appeared K-unt T. Lucien V 1997, before me to me personally known, who, being by me duly sworn or affir:zed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. `.4MN A!. M O F,+ 's MAIM STATE OF HAWAII CITY AND COUNTY OF HONOLULU Nota Public / State of Hawaii My Commission expires: SS. On this 3� +t - day o£JN-✓�t/ personally appeared /a:'• -,n F p;h.ro 2000 1997, before me to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. 00,4NV1 01, �790CSAFry Publ c - 4i state of Hawaii MOf, S My Commission expires: 6-2;3-200(1 J 'VA &&(i e 1h /yy �O'Wrn n a��. 90 STATE OF HAWAII CITY AND COUNTY OF HONOLULU ) SS. On this -7�1�' day of JLC^^ C--� p Prsnnnlly appeared t T. Lucizn 0 1997, before me to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. `��`J_ lAl yfPA4�4 �a? CS J = _ \G eT4 rE of tr §� STATE OF HAWAII CITY AND COUNTY OF HONOLULU On this personally appeared r( -0 Y Publi State of Hawaii Hy Commission expires: FT=A"c��UO SS. 3G� day of J Lw ci Kath:u^ F C:yrn•p , 1997, before me to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. LAI Iy" iG y Publi ;�a� •�•�. "A �� St to of Hawaii $ q ► q Y _ -y+ My Cc•mmission expires: __•i-�,UO �USL�4 Of 4 Z: LKAIHIT A go All of that certain parcel of land situate in Nanue, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-1-04 (3) and containing an area of 290.07 acres, more or less, as shown in Exhibit A-1 attached hereto and made a part hereof. All of that certain parcel of land situate in Kahuku Homesteads, North Hilo, Island, County and State of Hawaii (the same being a portion of Grant 4010 to G. S. Patten, a portion of Grant 1031 to Kahiamoe and at portion of Grant 4019 to H. V. Patten), bearing Tax Map Key designation 3-2-2-04 (3) and con- taining an area of 47.69 acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. Lot 5 containing an area of 14.793 acres, more or less, in that certain parcel of land situate in Kahuku Homesteads, Horth Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-10 (3), as shown in Exhibit A-2 attached hereto and made a part hereof. All of that certain parcel of land situate in Puuakalu, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-34 (3) and containing an area of 30.916 acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. All of that certain parcel of land situate in Puuohua, North Hilo, Island, County and State of Hawaii, bear- ing Tax Map Key designation 3-2-3•-15 (3) and containing an area of 62.334 acres, more or less, as shown in Exhibit A-3 attached hereto and made a part hereof. SIXTH: V Lots 9 and 10 containing an aggregate area of 39.97 acres, more or less, in that certain parcel of land situate in Kahuku Homesteads, North Hilo, Island, County and State of Hawaii (the same being all of Grant 4117 to John Ross and all of Grant 4568 to Dr. L. S. Thompson.), bearing Tax Map Key designation 3-2-4-42 (3), as shown in Exhibit A-4 attached hereto and made a part hereof. All of that certain parcel of land situate in Opea-Peleau, North Hilo, Island, County and State of Hawaii (the same being a portion of Grant 914 to Xaaloa and Kaumiumi and a portion of Grant 1356 to Kaaloa), bearing Tax Map Key designation 3-1-3-17 (3), as shown in Exhibit A-5 attached hereto and made a part hereof, excluding the land described in Schedule 1 attached hereto, and containing an area of 25.448 acres,, more or less. All of that certain parcel of land situate in Open-Peleau, North Hilo, Island, County and State of Hawaii (the same being all of Grant 6355 to Mary J. Cadinha, all of Grant 6077 to T. S. Marroto and all of Grant 7442 to Tobias 'ie Sc-'Za), bearing Tay r.ep Vey decign.atior 11-4-17 r+) and containing an area of 111.00 acres, more or less, as shown in Exhibit A-6 attached hereto and made a part hereof. RPOI'4:� All of that certain parcel of land situate in Opea-Peleau Homesteads, North Hilo, Island, County and State of Hawaii (the same being a portion of Grant 914 to Kaaloa and Kaumiumi, all of Grant 915 to Keohoku and a portion of Grant 3059 to Hoee and Pahukoa), bearing Tax Map Key designation 3-1-3-18 (3) and containing an area of 106.930 acres, more or less, as shown in Exhibit A-7 attached hereto and made a part hereof. N I* TENTH: All of that certain parcel of land containing an area of 17.202 acres, more or less, situate at Kahuku, North Hilo, Island, County and State of Hawaii, being that portion of Grant 4510 to E. A. Horan situate in and being a portion of the parcel of land bearing Tax Map Key designation 3-2-2-10 (1), as shown in Exhibit A-2 attached hereto and made a pert hereof. Y,LFVENTH : All of that certain parcel of land containing an area of 1.600 acres, more or less, situate at Kahuku, North Hilo, Island, County and State of Hawaii, being that portion of Grant 4108 to A. K. Breithaupt situate in and being a portion of the parcel of land bearing Tax Hap Key designation 3-2-2-10 (3), as shown in Exhibit A-2 attached hereto and made a part hereof. TW FLFTH : All of that certain parcel of land situate at Kahuku, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-11 (3) and containing an area of 3.526 acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. All of that certain parcel of land situate at Kahuku, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-64 (3) and containing an area of 1.842 acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. FOVRTEE -MB: All of that certain parcel of land situate in Kahuku Homesteads, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-03 (3) and containing an area of 15.117 acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. N we All of thalt certain parcel of land situate in Kaper.a, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-2-47 -(3) and containing an area of IO.o acres, more or less, as shown in Exhibit A-2 attached hereto and made a part hereof. All of that certain parcel of land situate in Haiku, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-3-08 (3) and containing an area of 81.18 acres, more or less, as shown in Exhibit A-3 attached hereto and made a part hereof. SEVENTEENTH: All of that certain parcel of land situate in Puuohua, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-3-10 (3) and containing an area of 32.963 acres, more or less, as shown ir. Exhibit A-3 attached hereto and made a part hereof. All of that certain narcel of land situate in mancloa, Ncrth Hilo, Island, County a:.9Jtate cf aaxaii, Lear- ing Tax Map Key designation 3-2-3-12 (3)and containing an area of 96.26 acres, more or less, as shown in Exhibit A-3 attached hereto and made a part hereof. N I N ETEElJTH : All of that certain parcel of land situate in Puuohua, North Hilo, Island, County and State of Hawaii, bear- ing Tax Hap Key designation 3-2-3-22 (3) and containing an area of 25.14 acres, more or less, as shown in Exhibit A-3 attached hereto and made a part hereof. go TWENTIETH: 1� Lots 12, 13, 14 and 15, containing an aggregate area of 76.854 acres, more or less, in that certain parcel of land situate in Kahuku Homesteads, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-4-04 (3), and Lot 8, containing an area of 18.42 acres, more or less, in that certain parcel of land situate in Kahuku Homesteads, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation. 3-2-4-42 (3), all as shown in Exhibit A-4 attached hereto and made a part hereof. All of that certain parcel of land situate in Maulua Homesteads, North Hilo, Island, county and State of Hawaii, bearing Tax Map Key designation 3-2-4-18 (3) and containing an area of 50.30 acres, more or less, as shown in Exhibit A-4 attached hereto and made a part hereof. 0% r All of that certain parcel of land situate in Naikaumalo, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-4-20 (3) and containing an area of 117.54 acres, more or less, as shown in Exhibit A-4 attached hereto and made a part hereof. All of that certain parcel of land situate in Maulua Homesteads, North Hilo, Island, county and State of Hawaii, bearing Tax Map Key designation 3-2-4-24 (3) and containing an area of 66.80 acres, more or less, as shown in Exhibit A-4 attached hereto and made a part hereof. jn2 ENTY - FO URTH : All of that certain parcel of land situate in Maulua Homesteads, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-2-4-29 (3) and containing an area of 21.35 acres, more or less, as shown in Exhibit A-4 attached hereto and made a part hrreof. so to All of that certain parcel of land situate at Kamaee Homesteads, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-1-4-11 (3) and containing an area of 51.97 acres, more or less, as shown in Exhibit A-6 attached hereto and made a part hereof. LW ENTY - S I XII : All of that certain parcel of land situate at Opea-Peleau, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-1-4-16 (3) and containing an area of 39.0 acres, more or less, as shown in Exhibit A-6 attached hereto and made a part hereof. TWENTY-SEVENTH: All of that certain parcel of land situate at Opea-Peleau, North Hilo, Island, County and State of Hawaii, bearing Tax Map Key designation 3-1-4-20 (3) and containing an area of 64.0 acres, more or less, as shown in Exhibit A-6 attached hereto and made a part hereof. TWENTY-EIGHTH: All of that certain parcel of land (beinq portion of the land(s) described in and covered by Royal Patent Number 7192, Land Commission Award Number 8559-8, Apanas 17 and 18 to William C. Lunalilo) situate, lying and being at Pepeekeo and Makahanaloa, District of South Hilo, Island and County of Hawaii, State of Hawaii, bearing Tax Key designation 2-8-007-053 (3), and containing an area of 44.9545 acres, more or less. Together with a non-exclusive easement over Easement 1, 60 feet wide, for road and utility purposes, more particularly describ•nd in Schedule 2 attached hereto. Together with various rights, easements, pipelines, ditches, water flumes, etc., all as set forth in Deed recorded in Liber 8022 at Page 299, and subject to reservations set forth therein. Together also with a non-exclusive easement for road and utility purposes over Easement 3-A, described as follows: All tnat certain parcel of land situate at Pepeekeo and Makahanaloa, District of South Hilc, Island and County of Hawaii, State of Hawaii, being a portion of R. P. 7192, L. C. Aw. 8559-B, Apanas 17 and 18 to Wm. C. Lunalilo and more par- ticularly described as follows: beginning at a point at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station .'AT -ALA" being 3663.47 feet north and 5831.73 feet east and running by azimuths measured clockwise from true South: 1. 238" 00' 25.91 feet; 2. 337• 04' 2.22 feet; J. 62" 54 25.65 feet to the point of beginning and containing an area of 0.0006 acre. SUBJECT, HOWEVER, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Any and all existing roads, trails, easements, rights of way, flumes and irrigation ditches. 3. Any and all agreements or covenants (other than mortgages or other monetary liens) relating r.7 parc."el a� set Porch in instruments recorded in the Bureau of Conveyances of the State of Hawaii. 4. Any unrecorded leases and rights of native tenants. 5. Any facts which a boundary and improvement survey or archaeological study would disclose and which are not shown on public records. 6. AS TO PARCELS FIRST TO AND INCLUDING PD.RCEL THIRTEENTH: (A) Exceptions and reservations in favor of Mauna Kea Agribusiness, Inc. and its successors and assigns set forth in Deed dated May 24, 1995, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 95-117140. (B) Mortgage dated May 24, 1995, recorded in said Bureau as Document No. 95-117141, in favor of State of Hawaii, Department of Agriculture, as Mortgagee. 7 to AS TO PARCELS FOURTEENTH TO AND INCLUDING PARCEL TWENTY-EIGHTH: (A) Exceptions and reservations in favor of Mauna Kea Agribusiness, Inc. and its successors and assigns set forth in Deed dated March 24, 1995, recorded in said Bureau as Document No. 95-107078. (B) Real Property Mortgage, Security Agreement and Financing Statement dated March 24, 1595, recordEd in said Bureau as Document No. 95-107570, in favor of Hawaii Electric Light Company, Inc., a Hawaii corporation, as Mortgagee. 8. AS TO PARCELS FIFTEENTH, TWENTIETH (Lot 13 only), and TWENTY-FOURTH: Real Property Second Mortgage, Security Agreenent and Financing Statement dated March 24, 1995, recorded in said Bureau as Document No. 95-107569, in favor of Hawaii Electric Light Company, Inc., a Hawaii corporation, as Mortgagee. T CODO v T CA ic T ic O 2 i E%i!-2I- A-2 Haw LY.HIBIT A-3 s rr 0 rimoa 0 CA c T w O we Me w m O v m CA a O V, tsO�r Jlcc, .i �V y I; - c.e y� y W �s tsO�r Jlcc, .i �V y � E O � � Q yac o 5z 7 m f � I z - o � m Q 1 N o i we 6 r L 1 i M1 11 I�i� {�• . .; � i ft� we 10 @gAzaUlL 1 (Lzoluaioc fro■ PARCEL SEVENTH) TMK 3.3-1-03-017por. (Gr. 91 4poe) ALL of that certain parcel of land (same being a portion of R.P. Grant 914 to Kaaloa and Kaumiumil situate at Opee. North Hilo, Island and County of Hawaii, State of Hawaii, more particularly described as follows: BEGINNING at a point at the northeast corner of this parcel of land and on the southerly side of the Hawaii Belt Road SDR 3(13) the coordinates of said point of beginning referred to Government Survey Triangulation Station 'HONOHINA- being 3.175.94 feet North and 8,005.83 feet East and running by azimuths measured clockwise from true South: 1 . 313' 15' 531.64 feet along R.P. Grant 1356 to Kaaloa; 2. 33' 15 557.74 feet along R.P. Grant 1356 to Kaaloa to a point at the northwesterly side of the Old Government Main Road; 3. 133' 58' 496.43 feet along the northeasterly side of the Old Government Main Road; 4. 127' 47' 729.68 feet along the northeasterly side of the Old Government Mein Road; thence along the northerly side of the Old Government Main Road along a curve to the left having a radius of 145.00 feet, the chord azimuth and distance being: S. 83' 38' 30" 201.97 feet; 6. 39' 30' 183.56 feet along the westerly side of the Old Government Mein Road; thence along the northerly side of the Old Government Main Road along a curve to the right having a radius of 55.00 feet, the chord azimuth and distance being: 7. 90' 07' 85.02 feet; Schedule 1 Page 1 of 2 MO Me 8. 140° 44' 20.00 feet along the northeasterly side of the Old Government Main Road to a point in the middle of Opes Stream; thence along the middle of Opes Stream in all its windings along R.P. 4386 and 7693, L.C. Avv. 8452, Apans 1 to Keohokalole, the direct azimuth and distance being: 9. 239' 03' 20" 935.49 10. 312' 56' 52" 102.15 11. 40' 30' 10.00 12. 308' 00' 105.20 13. 215' 30' 10.00 14. 300' 45' 196.06 15. 293' 17' 05" 149.52 feet to a point at the southwesterly side of the Hawaii Belt Road SDR 3(13); thence along the southwesterly side of the Hawaii Beit Road SDR 3(13) along a curve to the left having a radius of 1,195.92 feet, the chord azimuth and distance being: feet; feet along a jog in the Hawaii Belt Road SDR 3(16); thence along the southwesterly side of the Hawaii Belt Road SDR 3(13) along a curve to the left having a radius of 1,205.92 feet, the chord azimuth and distance being: feet; feet along a jog in the Hawaii Belt Road SDR 3(13); thence along the southwesterly side of the Hawaii Belt Road along Is curve to the left having a radius of 1,195.92 feet, the chord azimuth and distance being: feet; thence along the southwesterly side of the Hawaii Belt Road SDR 3(13) along a curve to the left having a radius of 1,576.15 feet, the chord azimuth and distance being: feet to the point of beginning and containing an area of 15.88 Acres. as per survey of Donald James Murray, Registered Professional Land Surveyor No. 1247. 5,_chedule 1 Page 2 of 2 wo 1 SCHEDULE 2 (Easement for PARCEL TWENTY-EIGHTH) Beginning at a point at the northeast corner of this parcel of land and at the end of Course 41 of the above de- scribed parcel of land, the coordinates of said point of begin- ning referred to Government Survey Triangulation Station •'ALALA" being 3159.18 feet north and 5908.54 feet east, and running by azimuths measured clockwise from true South: 1. 346° 34' 30" 60.00 feet along Easement 2; 2. 76' 34' 30" 479.42 feet; Thence on a curve to the left having a radius of 2070.00 feet, the chord azimuth and distance being: 3. 70' 43 15" 422.27 feet; 4. 64' 52' 260.87 feet; Thence on a curve to the left having a radius of 145.00 feet, the chord azimuth and distance being: 6. 28' 17' 108.09 feet; Thence on a curve to the right having a radius of - 470.00 feet, the chord azimuth and distance being: 7. 42' 314 231.12 feet; Thence on a curve to the left having a radius of 560.00 feet, the chord azimuth and distance beinq: 8. 46' 36' 22" 197.26 feet; "-hedu' e 2 Page 1 of 4 We we Schedule 2 Page 2 of 4 Thence on a curve to the right having a radius of 660.00 feet, the chord azimuth and distance being: 9. 43' 43 25" 166.84 feet; Thence on a curve to the left having a radius of 470.00 feet, the chord azimuth and distance being: 10. 41' 52' 43" 148.77 feet; 11. 32' 46' 20" 967.65 feet; Thence on a curve to the right having a radius of 760.00 feet, the chord azimuth and distance being: 12. 40' 22' 10" 200.96 feet; Thence on a curve to the right having a radius of 355.00 feet, the chord azimuth and distance being: 13. 65' 56' 219.01 feet; 14. 83' 54' 205.52 feet; Thence on a curve to the right having a radius of 730.00 feet, the chord azimuth and distance being: 15. 90' 47' 15" 175.08 feet; 16. 97' 40' 30" 129.33 feet; Thence on a curve to the left having a radius of. 30.00 feet, the chord azimuth and distance being: 17. 35' 42' 52.96 feet to a point nn the east side of GQvernmellt Main Road; Schedule 2 Page 2 of 4 is. 153" 43' 30" 13.14 feet along the east side of Government Plain Road; 19. 159° 53' 67.61 feet along the east side of Government Main Road; 20. 165^ 40' 72.59 feet along the east side of Government Main Road; Thence on a curve to the left having a radius of 50.00 feet, the chord azimuth and distance being: 21. 311' 40' 15" 55.91 feet; 22. 277" 40' 30.. 177.93 feet; Thence on a curve to the left having a radius of 670.00 feet, the chord azimuth and distance being: 23. 270• 47' 15" 160.69 feet; 24. 263^ 54' 205.52 feet; Thence on a curve to the left having a radius of 293.00 feet, the chord azimuth and distance bating: 25. 245• 56' 161.99 feet; Thence on a curve to the left having a radius of 700.00 feet, the chord azimuth and distance being: 26. 220° 22' 10" 165.09 feet; 27. 212" 46' 20" 967.65 feet; Thence on a curve to the right having a radius of 530.00 feet, the chord azimuth and distance being: Schedul Page 3 of 4 28. 221• 52 43^ 167.76 feet; Thence on a curve to the left having a radius of 660.00 feet, the chord azimuth and distance being: 29. 223• 43' 25" 151.59 feet; Thence on a curve to the right having a radius of 620.00 fast, the chord azimuth and distance being: 30. 226^ 36' 22" 218.39 feet; Thence on a curve to the left having a radius of 410.00 feet, the chord azimuth and distance being: 31. 222` 31' 201.61 feet; 32. 208' 17' 108.09 feet; Thence on a curve to the right having a radius of 205.00 feet, the chord azimuth and distance beings 33. 226' 34' 30" 128.68 feet; 34. 244' 52' 260.87 feet; Thence on a curve to the right having a radius of 2130.00 feet, the chord azimuth and distance being: 35. 250' 43' 15" 434.51 feet; 36. 256' 34' 30" 479.42 feet to the point of begin- ning and containing an area of 5.6911 acres. Page 4 of 4 tic A 10 Ilk -Ji !ktZ C7� ---------- EXHIBIT "E'? a Summary of April 12, 2002 Settlement Agreement Between County of Hawaii and Continental Pacific, LLC for Pepeekeo Makai Subdivision The Settlement Agreement resolved four appeals to the Board of Appeals filed by Continental Pacific, LLC ("Continental") over the Planning Director's denial of pre-existing lot determinations for lands owned by Continental in Pepeekeo, Maukaloa and Honomu along the Hamakua Coast. In consideration of the County of Hawaii's agreement to process a subdivision for 92 lots within the Pepeekeo Makai area under the negotiated conditions described below, the parties agreed to settle and dismiss the four Board of Appeals actions. i The application for the State Land Use District Boundary Amendment, County Change of Zone and Special Management Area Use Permit involve approximately 23 of the 92 lots in the total project. The applications are intended to relocate the General Industrial, Light Industrial and Village Commercial zonings located near the Pepeekeo Lighthouse area in the mauka direction to the former Hilo Coast Processing baseyard area. The consolidation and resubdivision of the 92 lots will not result in any increase in density, and will create optimum lot sizes and configurations within the context of a master planned community. The Settlement Agreement allows Continental to create 92 lots within the approximately 1,303.8 acre Pepeekeo Makai subdivision project. Of the 92 pre-existing lots, 64 lots will have a minimum lot size of between one to three acres, 25 lots will have a minimum lot size of five acres, one lot will be retained by Brewer Environmental Industries, LLC, and the remaining 2 lots will be bulk lots of approximately 357 acres and 286 acres. Continental will construct 1) a minimum of five mauka-makai public access parking lots with pedestrian paths down to the oceanfront areas of the project, and 2) a 10 -foot wide lateral pedestrian public shoreline path across the entire frontage of the project. The public access vehicular and pedestrian easements will not be officially open to the public until easement documents have been accepted by both parties and the County of Hawaii adopts rules governing the use of the public accesses pursuant to Hawaii County Code Chapter 34. When open, public access to the shoreline will be between 6:00 a.m. to 6:00 p.m., seven days a week. Access for night fishing past 6:00 p.m. will be allowed pursuant to a permit or registration system approved by the County of Hawaii. To maintain certain views of the shoreline area from the Hawaii Belt Road, Continental agreed to setback the lots proposed at the north/Honokaa side of the property a minimum of 500 feet from the shoreline, along with covenants which prohibit the further development of residential and/or farm dwellings within the State Conservation District area. Subdivision infrastructure will be non -County standard, with certain roadways being paved with asphalt and other roadways being finished with packed cinder. The 92 lots will not be serviced by the County of Hawaii Department of Water Supply system. Although certain of the lots will be serviced off a Department of Water Supply master meter through a private distribution system designed by a licensed engineer. The remainder of the lots will be serviced by catchment systems complying with the County's requirements. Wastewater within the subdivision will be handled by individual wastewater systems pursuant to the septic tank requirements of the State Department of Health. CC&Rs will make the community associations within the Pepeekeo Makai project responsible for management and maintenance of the project roadways, drainage and water distribution systems. 2020525.1.054151-00003 EXHIBIT G February 3, 2003 Steven S. C. Lim, Esq. Carlsmith Ball LLP 121 Waianuenue Avenue P. O. Box 686 Hilo, Hawaii 96721-0686 Dear Mr. Lim: Subject: BOUNDARY INTERPRETATION No. 02-04 Tax Map Key Nos: 2-8-07:01, 2-8-08:01 and 03; and 2-8-09:01 South Hilo, Hawaii 0 5 2003 ANTHONY J.H. CHIN EXECUTIVE OP JCER Pursuant to your letter dated June 6, 2002, requesting continued processing of your boundary interpretation for the subject parcels pending the receipt of certain information and your letter of December 4, 2002, transmitting such information, please be advised that we have determined an approximate location of the State Land Use (SLU) Urban/Agricultural/Conservation District boundaries. Our determination is based on review of the official State Land Use District Boundaries Map (H-65, Papaikou, Hawaii) dated December 20,1974; information on file from 1964 and the 1969 Five -Year Boundary Review; and Boundary Interpretation (BI) No. 94-30 and an earlier BI dated February 29, 1972. Relevant findings of our analysis include: The Pepeekeo Mill and surrounding plantation community were designated within the SLU Urban District on August 23, 1964. Lands outside of these areas were designated within the SLU Agricultural District. The coastal areas having an elevation below the high water mark were designated within the SLU Conservation District. 2. Lands to the north and south of the Pepeekeo Mill area were designated within the SLU Conservation District during the 1969 Five -Year Boundary Review based on an average EXHIBIT H 4 ,YO• ! -LINDA LINGLE QENJA��W GOVERNOR ; p STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 608-587-3827 February 3, 2003 Steven S. C. Lim, Esq. Carlsmith Ball LLP 121 Waianuenue Avenue P. O. Box 686 Hilo, Hawaii 96721-0686 Dear Mr. Lim: Subject: BOUNDARY INTERPRETATION No. 02-04 Tax Map Key Nos: 2-8-07:01, 2-8-08:01 and 03; and 2-8-09:01 South Hilo, Hawaii 0 5 2003 ANTHONY J.H. CHIN EXECUTIVE OP JCER Pursuant to your letter dated June 6, 2002, requesting continued processing of your boundary interpretation for the subject parcels pending the receipt of certain information and your letter of December 4, 2002, transmitting such information, please be advised that we have determined an approximate location of the State Land Use (SLU) Urban/Agricultural/Conservation District boundaries. Our determination is based on review of the official State Land Use District Boundaries Map (H-65, Papaikou, Hawaii) dated December 20,1974; information on file from 1964 and the 1969 Five -Year Boundary Review; and Boundary Interpretation (BI) No. 94-30 and an earlier BI dated February 29, 1972. Relevant findings of our analysis include: The Pepeekeo Mill and surrounding plantation community were designated within the SLU Urban District on August 23, 1964. Lands outside of these areas were designated within the SLU Agricultural District. The coastal areas having an elevation below the high water mark were designated within the SLU Conservation District. 2. Lands to the north and south of the Pepeekeo Mill area were designated within the SLU Conservation District during the 1969 Five -Year Boundary Review based on an average EXHIBIT H 00 Steven S. C. Lim, Esq. February 3, 2003 Page 2 �: setback of 300 feet inland of the wave action. The mauka side of a dirt road as it existed in 1969 was also used as a basis for the Conservation District boundary. Lands mauka of these features remained designated within the SLU Agricultural District. Although the information that you provided in your letters of June 14, 2002, and December 4, 2002, indicates that the Department of Land and Natural Resources staff has no objection for alternately placing the SLU Agricultural and Conservation District boundaries for the subject parcels "mauka of the top of the pali (ridge)" and notes the absence of significant historic properties on the subject area, this matter is more appropriately brought before the Commission in the form of a petition for district boundary amendment. A copy of your map entitled "Delineation of Conservation and Agricultural Districts" with an approximate location of the SLU Urban/Agricultural/Conservation District boundaries delineated is enclosed for your reference. Should you require clarification or further assistance, please feel free to call Fred Talon or Bert Saruwatari at 587-3822. Sincerely, ANTHONY J. H. Executive Officer Enclosure: Boundary Interpretation Map dated February 3, 2003. c: Peter Young, BLNR Chairperson (w/enclosure) Attn: Dierdre S. Mamiya, Land Division Christopher Yuen, Planning Director, County of Hawaii Planning Department (w/enclosure) Mike McCall, Valuation Analyst, Mapping Section, Real Property Tax Division, County of Hawaii (w/enclosure) v — a7C'7 n' u II I 7Z I I 11 4 J/ II\\ IIII =_I/ M fit a n' u 6 :g r, 9 9 y •v �nnry \-J �\ v ^Pgwlun � 06g f St % K Jul Jul LINDA LINOLE GOVERNOR t 9 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION P.O. Box 621 HONOLULU, HAWAII 96909 December 30, 2002 HA-264RMTO WI LLS RSSMAPS LD -NAV R. M. Towill Corporation Ryan M. Suzuki, Project Coordinator 420 Waiakamilo Road, Suite 411 Honolulu, Hawaii 96817-4941 Dear. Mr. Suzuki: OILBERT S. COLOMAAOA..�N CNNRPERSON SOMD OF lµ0 A NATURAL RESOlRCES LINNEL T. NISHWKA DEFUlY OIRE=R FOR THE COM.IISSK ON WATER RESOURCE NA HA ENT AQWTIC ftES OCR BOATWG AND OCEAN RECREATION COMWSSIONON WATER RESOURCE NIA R CONSERVAERVATKlNANO RE^ pEy ENFORCEMENT COM'EYAN GEs FORE RPIG FORESTRY MD FE NISf0111C PgESERVATIgVATICN IfA1100UWE MS ORESERVE CCNE.0.SV W l STATE PARK$ Subject: Shoreline Certification - Applicant: R. M. Towill Corporation — File No. HA -264 Owner: Continental Pacific, LLC - Island: Hawaii - District: Kapehu, South Hilo Tax Map Key: 3rd/ 2-8-9: 001, 2-8-8: 1 & 3 and 2-8-7: 1 & portion 53 This letter informs you that the above shoreline survey map(s) covering the subject property has been certified. Please be aware that in the past these maps were withheld until the end of the 20 -day appeal period. The Department of the Attorney General recently advised us that, while perhaps well intentioned, withholding the maps had the effect of imposing an automatic stay on the release of the maps and was not consistent with the intent of the public records law or with the shoreline certification rules. Therefore, please find enclosed for your records three (3) certified shoreline survey maps. However, please be advised that pursuant to Section 13-222-26, Hawaii Administrative Rules, this certification is subiect to appeal which may possibly include a contested case hearing. Public notice of this shoreline certification is scheduled for publication in the January 8, 2003 Environmental Notice. You will be notified whether an appeal or request -for a contested case hearing to the shoreline certification has been filed during the appeal period, which ends on January 28, 2003. If no appeal has been filed during the 20 -day period, then the certification is final. If, however, an appeal is filed, then the certification would be subject to the resolution of the contested case hearing process. Should you have any questions on this matter, please feel free to contact Nicholas A. Vaccaro at (808) 587-0384. Very truly yours, DIERDRE S. MAMIYA Administrator c: Hawaii District Land Office (w/attach) Survey Division (w/attach) EXHIBIT I a 9 Shoreline Notices JANUARY 8, 2003 Shoreline Certifications and Rejections Pursuant to §13-222-26, HAR the following shorelines have been certified or rejected by the DLNR. A person may appeal a certifica- tion or rejection to the BLNR, 1151 Punchbowl Street, Room 220, Honolulu, Hawai'i 96813, by requesting in writing a contested case hearing no later than twenty (20) calendar days from the date of public notice of certification or rejection. Page 12 Office of Environmental Quality Control The Environmental Notice Case No. Date Location Applicant Tax Map Key HA -264 12/23/02 Portion of Grant 872 to Emma Metcalf, Grant 1030 to R. M. Towill 2-8-07: 01 & Certified Kaina, Grant 1158 to J. Pelham, R.P. 1654, Land Corporation, Inc., per. 53 and 2 -8 - Commission Award 2289, Apana 1 to Kauhola, R.P. 7192, for Continental 08: 01 & 03 Land Commission Award 8559-B, Apana 17 & 18 to Wm. Pacific, LLC and 2-8-09: 01 C. Lunalilo, and R.P. 8164, Land Commission Award 5663, Apana 2 to Kahonu, Land situated at Pepeekeo to Kapehu, South Hilo, Island of Hawaii Purpose: Subdivision Approval " OA -365-2 12/23/02 Being a Portion of R. P. 7494, Land Commission Award Sam O. Hirota Inc., 5-5-01: 07 Certified 8559-B, Apana 36 to W. C. Lunalilo for Lusardi Family Address: 55-089 Kamehameha Highway Trust Purpose: Building Permit OA -899 12/23/02 Portion of Nanakuh Beach Park, Executive Order 104, land Engineers 8-9-01: Por. 02 Certified situated at Nanakuli, Waianae, Island of Oahu, Hawaii Surveyors Hawau, Address: 89-229 Farrington Highway for City and County Purpose: Improvements opf Honolulu Department of Parks and Recreation OA -892 12/23/02 Lot 22 of Land Court Application 1596, land situated at Walter P. 3-6-01: 22 Certified Wailupe, Honolulu, Island of Oahu, Hawaii Thompson, Inc., for Address: 292 Wailupe Circle Michael A. Pietsch Purpose: Building Permit OA -321-2 12/23/02 Lot A, as shown on DPP File No. 85(40) Same being Lots ControlPoint 4-3-01: 03 Certified 142-A-1, 142-B-1, 142 -C -I -A, 142-C-1-13, 143 -A -1-A, 143- Surveying, Inc., for A -2,143 -B -1 -A,143 -B -2,143 -C -1 -A -1,143 -C -1-A-2,143- 1.600-A Mokulua C -2-A and 143 -C -2-B of Land Court Application 616 and Drive CPR Project Reclaimed Land (Filled) at Lanikai, land situated at Kailua, Koolaupoko, Island of Oahu, Hawaii Address: 1600-A Mokulua Drive Purpose: Building Permit OA -898 12/23/02 Lot 1 Portion of Kaluanui Beach Lots, Section "C", also DJNS Surveying & 5-3-10:20 Certified being a portion of Land Commission Award 7713, Apana 32 Mapping, Inc., for to V Kamamalu, land situated at Kaluanui, Koolauloa, Island Alan and Kathryn of Oahu, Hawaii Whitmire Address: 53-827 Kam Highway Purpose: Building Permit OA -895 12/23/02 Lots 157 to 162 (inclusive) lot 297, lot 11729 as shown on Towill, Shigeoka & 9-I-12:06 & Certified map 846, lot 13490 as shown on map 10390 of land court Associates, Inc., for 47 and 9-1 -1 l: application 1069, land situated at Honouliuli, Ewa, Oahu, Haseko Homes 0 1 -07 (incl) Hawaii Address: End of Papipi Road Purpose: Improvements HA -030-2 12/23/02 A portion of Royal Patent 7813, Land Commission Award West Thomas 7-5-20:21 Certified 8559-B, Apana 8, to William C. Lunalilo, land situated at Associates, for lack Puapuaa 20°, North Kona, Island of Hawaii, Hawaii Rose Gift Trust Address: 75-6092 Alii Place Purpose: Building Permit Page 12 Office of Environmental Quality Control The Environmental Notice 0 0 14 ;A j - c, .7 , fi. a 'xt e, 0� i • 4, X� fi T. 11 4" 4,, TM 2-8 I b. /;; :7 orr 2-b Ir', icz A, QL ? c er No r \\,r. -.m• 77 Ar : 00 *'o Qlk Z�S 21' T PORTIGN5 OF 6RANT 612 TO EFHA METCALF, GRANT 1050 TO r-jkl.V,, GRANT 1156 TO J. FELHAM, R. P. 1654, L. C. AH. 2265, AF. I TO KALPFICLA, R. P. IM, L. G. AdIl. A.F. No 1 18 TO PiM. C. LLHq,IL0 ANV R. P. e16-4, L. C. M, 5565, AP. 2 TO KAp_-H.j 1 5 ADW 7 04. I MD D1,640"'1 Report 2292-042703 00 40 Paul H. Rosendahl, Ph.D., Inc. Historical • Cultural Resource Management Studies & Services 224 Waianuenue Avenue • Hilo, Hawai'I 96720 • (808) 969.1 P.O. Box 23305 . G.M.F., Guam 96921 • (67 1) 472-3117 I . FAX (808) 961.6 FAX (67 1) 472-3131 REQUEST TO STATE HISTORIC PRESERVATION DIVISION FOR DETERMINATION OF "NO HISTORIC PROPERTIES AFFECTED" CONTINENTAL PACIFIC LANDS AT PEPEEKEO Former Pepeekeo Sugar Plantation Parcels Land of Makahanaloa, South Hilo District Island of Howai`i (TMIG3-2-8-07.Por./,Pon2,Pon53) Introduction April 27, 2003 This report on Continental Pacific lands at Pepeekeo has been prepared by Paul H. Rosendahl, P.h.D., Inc (PH" at the request of Steven S.C. Lim, Esq., of Carlsmith, Ball, Wichman, Case & Ichiki, on behalf of their client, Mr. Jere Henderson of Continental Pacific. The client wishes to develop the parcels and PHRI was requested to inspect the property in connection with impending Special Management Area (SMA) applications to be made to the County of Hawaii, and in compliance with the current historic preservation standards and requirements of the Hawaii State Historic Preservation Division (SHPD) and the County of Hawaii. The overall purpose of this report is to provide appropriate documentation supporting a request to the State Historic Preservation Division (SHPD) for a determination of "no historic properties affected" in accordance with the general guidance provided by Chapter 284: Section 5 (b) of the SHPD Draft Rules and Regulations (HAR Title 13, DLNI R; Subtitle 13, SHPD) (5/31/01). The following documentation supports our findings that no significant historic sites are present within the parcel, most likely because the lands formerly had been cultivated in sugarcane for over a century ending in the early to mid-1990s, and more recently have been used for cattle pasture. Project Area Description The project area is comprised of two parcels located within the makai lands of the former Pepeeko Sugar Plantation on the east coast of the Island of Hawaii, within the Land of Makahanaloa, South Hilo District (TMK:3 8-07:Por.l,Por.53) (see Figure 1, at end). The southern portion of the project area consisted of recently grubbed old cane land located in the seaward portion of Tax Map Parcel TMK:3-2-8-07:1. The northern portion of the project area included both grubbed old cane land located within the seaward portion of Tax Map Parcel TMK:3 2-8-07:2 and previously improved land incorporating the Pepeekeo Mill and associated facilities located within the seaward portion of Tax Map Parcel TMK:3-2-8-07:53 Survey Objectives and Scope of Work The basic objectives of the inspection survey were to determine the following: (a) the general nature, extent, and potential significance of any archaeological -historical remains that might have been present, (b) the historic preservation implications of any such remains for the feasibility of proposed development; and (c) the general scope of work and level of effort for any subsequent archaeological -historic preservation work that might have been appropriate and/or required. The ultimate objective of any such subsequent work would be to comply with all current historic preservation requirements of the Hawaii State Historic Preservation Division (SHPD) and the Hawaii County Planning Department in connection with any subsequent development planning and permit applications. EXHIBIT J �J PHU Report 2292-042703 2 Background Background research conducted before inspection fieldwork did not yield knowledge of any previously identified archaeological sites. While the general coastal area did appear to fall within the limits of the area covered by A.E. Hudson (Hudson n.d.) during his 1930-1932 Bishop Museum survey of East Hawaii Island—a burial cave once said to be present within the Urban District area at Pepeekeo Landing was mentioned, Hudson did not specifically identify any sites within or in the immediate vicinity of the present field inspection project area. Recent survey work conducted by PHRI within immediately adjacent areas consisted of three field inspections (PHRI 2002a,b; 2003). On September 28-29, 2002, PHRI conducted an archaeological field inspection of immediate coastline areas of former Pepeekeo Sugar Plantation parcels located in the Lands of Makahanaloa, Kahua, and Kaupakuea (TMK:3-2-8-07:1,53; 3-2-8-08:3; 3-2-8-09:1) (PHRI 2002b). Done in connection with a proposed reinterpretation of the inland boundary of the State Land Use Conservation District (CD), the purpose of the field inspection was to determine the presence or absence of any potentially significant historic properties within the area between the coastline and the present inland CD boundary that averages generally c. 300 ft inland from the coastline. Two plantation -era cemeteries were shown on tax maps as being situated in the immediate coast line area of the field inspection project area—a "Japanese Cemetery' to the south of Alia Stream, in the Land of Makahanaloa (in Tax Map Parcel 1 of TMK:3-2-8-07), and a "Chinese Cemetery" immediately north of Makea Stream, in the Land of Kaupakuea (in Tax Map Parcel 1 of T.MK:3-2-7-09). Both cemeteries were situated outside the limits of the present project. Subsequently inspection of Pepeekeo Plantation maps and records on file at the Mauna Kea Agribusiness Office in Papaikou did not yield any information regarding either of the two cemeteries; however, according to John Cross, Mauna Kea Agribusiness President and long-time C. Brewer & Co., Inc. employee, both of the cemeteries had been disinterred and remains relocated to other cemeteries in the early 1960s when C. Brewer closed down smaller, outlying plantation camps and relocated residents to larger, consolidated villages. On October 6, 2002, PHRI conducted an archaeological field inspection of a portion of a former Pepeekeo Sugar Plantation parcel located in the Land of Makahanaloa (TMK:3-2-8-07:1) (PHRI 2002a). The purpose of the field inspection was to determine if recent mechanical grubbing had negatively affected any potentially significant historic properties that might have been present within or immediately adjacent to the grubbed area. No archaeological evidence of any kind—e.g., surface artifacts and/or scatters of midden remains—was identified during the field inspection. While the general area of the inspection might have been occupied and/or utilized by native Hawaiians for residential occupation and/or dryland agricultural exploitation prior to historic plantation activities, a hundred years or more of intensive sugarcane cultivation most likely would have fully obliterated any physical evidence of any such prior land uses. On October 10; 2002 and January 5, 2003, PHRI conducted additional inspections at the site of the "Chinese Cemetery" situated immediately north of Makea Stream, in the Land of Kaupakuea (in Tax Map Parcel 1 of TMK:3-2-7-09 (PHRI 2003). The purpose of this field inspection was two -fold: (a) to confirm that the area recently fenced at the instruction of Continental Pacific incorporated all surviving physical evidence of the former "Chinese Cemetery", and (b) to determine why the area of the cemetery as depicted on the tax map would seem to be substantially larger than the recently fenced area containing the surviving physical evidence of the former cemetery. Based on the findings of the field inspection of October 10, 2002, and reconfirmed by the findings of the field inspection of January 5, 2003, it was determined that the recently fenced area has incorporated all surviving physical evidence of the former plantation -era "Chinese Cemetery". While there was always the possibility, however remote, that there might be unidentified subsurface interments for which there was no surviving physical evidence, the probability of such being present was considered unlikely because of the immediate surrounding areas which included active drainages, the sea cliff, and formerly cultivated sugarcane lands currently utilized for cattle pasture. Furthermore, the field inspection of January 5, 2003 did not produce any new information with regard to the determination of why the area of the cemetery as depicted on the tax map would seem to be substantially larger than the recently fenced area containing the surviving physical evidence of the former cemetery. The following observations were offered: first of all, no information to date had been found that would indicate how the depicted area came to be placed on the tax map; and secondly, perhaps the area depicted on the tax map represented the general site set aside by the plantation for use as the "Chinese Cemetery" and that the full area was never utilized—only the more seaward portion of the area was used for interments. N 40 PHU Report 2292-042703 Field Methods The field inspection was carried out on September 28-29, 2002 by PHU Principal Archaeologist Dr. Paul H. Rosendahl and volunteer Field Assistant Kristin T.M. Rosendahl. Variable intensity 100% surface coverage inspection fieldwork was conducted by means of pedestrian ground survey and vehicular traverses. The inspection was carried out concurrently with the previously referenced inspection of immediate coastline areas (PHU 2002b) Ground visibility varied from generally very good to excellent. Inspection Results and Conclusion No archaeological evidence of any kind-e.g., surface artifacts and/or scatters of midden remains—was identified during the field inspection. While the general area of the inspection might have been occupied and/or utilized by native Hawaiians for residential occupation and/or dryland agricultural exploitation prior to historic plantation activities, a hundred years or more of intensive sugarcane cultivation and more recent cattle ranching activities most likely would have fully obliterated any physical evidence of any such prior land uses. Due to the negative results of the field inspection, it is believed appropriate for the SHPD to prepare and issue a written determination of "no historic properties affected", in accordance with the general guidance provided by Chapter 284: Section 5 (b) of the SHPD Draft Rules and Regulations (HAR Title 13, DLNR; Subtitle 13, SHPD) (5/31/01). References Cited Hudson, A.E. n. d. Archaeology of East Hawaii. Unpublished Manuscript. Department of Anthropology, B.P. Bishop Museum (1932). PHRI (Paul H. Rosendahl, Ph.D., Inc.) 2002a Archaeological Field Inspection, Former Pepeekeo Sugar Plantation Parcel, Land of Makahanaloa, South Hilo District, Island of Hawaii (TMK:3-2-8-07:1). PHRI Letter Report 2292-100702. Prepared for Jere Henderson, Continental Pacific. (October 7) 2002b Archaeological Field Inspection of Immediate Coastline Areas, Former Pepeekeo Sugar Plantation Parcels, Lands of Makahanaloa, Kahua, and Kaupakuea, South Hilo District, Island of Hawaii (TMK:3-2-8-07:1,53; 3-2-8-08:3; 3-2-8-09:1). PHRI Letter Report 2292-110702. Prepared for Jere Henderson, Continental Pacific. (November 8) 2003 Plantation -era "Chinese Cemetery" Property, Former Pepeekeo Sugar Plantation Lands, Land of Kaupakuea, South Hilo District, Island of Hawaii (TMK:3-2-7- 09:Por.1). PHRI ,Memo 2292-010503. Prepared for Hank Correa, Hank Correa Realty. (January 6, 2002) 0 0 PMU Report 2292-042703 4ola Point ohakumn u oy — Kaena Point li PAa" Loea Point L M 191 1 MAP Loc.1Tlot4 Iz 363 Jr, Ah Point 185e, Ceme cry mmu.icat,on Pepeekeo Point peekeo mill'I qei"Lew" ells � PROJECT AREA 0 S. Cl AAU 'QP KU U X ka.; r Figure 1. Project Locatiun 4 SETTLEMENT AGREEMENT FOR BOARD OF APPEALS AND SUBDIVISION OF CONTINENTAL PACIFIC, LLC LANDS BOARD OF APPEALS ("BOA") BOA 0 1 -23 TMK (3) 2-7-07:01 and (3) 2-8-04:01 mauka lands at Kainole Camp / Maukaloa Camp BOA 0 1 -31 TMK (3) 2-8-07:01 makai lands at Pepeekeo Mill Village BOA 01-32 TMK (3) 2-8-08:03, 05 and 12, makai lands between Pepeekeo Mill and Honomu Village at Kahua BOA 01-33 TMK (3) 2-8-09:01, makai lands at Pepeekeo Mill and Honomu Village at Kapehu, Kaupakuea, Kahua 1 and Kahua 3 - Continental Pacific, LLC - "Continental Lands": MakA Lands: TMK (3) 2-8-07:1, 05 and 53 TMK (3) 2-8-08:01, 03, 05, 12, 13, 14, 16, 17, 19 and 32 TMK (3) 2-8-09:01 Mauka;ands: TMK (3) 2-7-07:01 and 12 TMK (3) 2-7-09:16 TMK (3) 2-7-10:03 TMK (3) 2-8-04:01 TMK (3) 2-8-09:03 and 09 L SETTLEMENT AGREEMENT In consideration of the rights, obligations and duties herein, this letter memorializes the settlement agreement ("Agreement") reached between the County of Hawaii and its Planning Department ("County of Hawaii" or "County") and Continental Pacific, LLC ("Continental') relating to the subdivision of the Continental Pacific, LLC lands at Hamakua described herein ("Continental Lands"). A. This Agreement is in compromise of a disputed claim in which the Board of Appeals recognized certain pre-existing lots within the Continental Lands, and that the County continues to dispute. This Agreement fully and finally settles all issues relating to all pre- existing lots of whatever type within the Continental Lands, Special Management Area (HRS Chapter 205A), Public Access (HCC Chapter 34) and Subdivision (HCC Chapter 23) obligations asserted by the County over the subdivision of the Continental Lands. Continental, for itself, its heirs, successors, and assigns, in settlement of this claim, hereby agrees that this settlement 2019C77.1.054151-00002 EXHIBIT 4/12/2002 13:11 E extinguishes all claims for pre-existing lots of whatever type within the Continental Lands covered by this Agreement. B. Continental will withdraw the four (4) appeals referenced herein which are pending the April 12, 2002 hearing with the Board of Appeals. The County of Hawaii will withdraw its letters on pre-existing lot determinations for the Continental Lands. C. This Agreement is without prejudice to Continental's right to challenge the application of Chapter 34 with respect to property not covered by this Agreement. By entering into this Agreement Continental does not concede that the County of Hawaii properly exercised its authority under Chapter 34. D. The County of Hawaii does not waive its potential rights to require further public access over the lands covered by this Agreement pursuant to Chapter 34 for any further applications for land use approvals, such as subdivisions, rezonings and SMA permits, other than the applications contemplated herein, to which public access conditions may be attached pursuant to law. E. The County of Hawaii agrees that any rules and ordinances adopted or amended after the Board of Appeals hearing on February 8, 2002 and until April 12, 2002 shall not apply to the subdivision of Continental Lands as described herein because this is a settlement of a disputed claim. The County of Hawaii agrees not to adopt any rules that would change ;he requirements for these subdivisions to obtain final subdivision approval in a way inconsistent with the terms and intent of this Agreement. The County administration agrees not to introduce, and shall actively object to any proposed ordinances that would change the requirements for these subdivisions to obtain final subdivision approval in a way inconsistent with the terms of this Agreement. The County administration will support any changes necessary to the proposed ordinance regarding pre-existing lots so that it would not apply to alter the terms of this Agreement, and agrees that if this Agreement is executed before the proposed ordinance becomes law, it would not affect the terms of this Agreement. This paragraph does not apply to laws or rules necessary to protect public health or safety. F. All the terms, rights, obligations and duties of the parties to this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, devisees, personal representatives, successors and permitted assigns. G. Subdivisions: 1. Tentative Approval: The County of Hawaii agrees to expedite processing for tentative approval of the preliminary map(s) for subdivision of the Continental Lands. As the terms are used in this Agreement, "expedite" or "expeditiously" shall mean the Planning Department's receipt and rejection, or acceptance for processing and transmittal of relevant 2 2019077.1.054 151 -00002 4/12/2002 1 3: 1 1 documentation for agency comments, within twenty-one (2 1) calendar days for any SMA and within ten (10) working days for any subdivision, provided, however that these time provisions shall not apply until the execution of this Agreement by all parties. 2. Final Subdivision Approval: The County of Hawaii agrees to expedite review and approval of the final plat(s) and issuance of final subdivision approval(s) for all lots proposed within the Continental Lands pursuant to the terms herein. No Bar to Incremental Subdivisions: The parties hereby agree that the subdivision(s) of the Continental Lands contemplated herein, even if processed separately or incrementally, shall not operate as a bar or preclusion that would negate or delete the pre-existing lots remaining in the yet to be subdivided area(s) and/or bulk lots. II. MAKAI LANDS: Continental shall process one or more subdivisions in the lot configurations as generally shown on the R.M. Towill Corporation March 9, 2002 proposed subdivision map identified as Exhibit A, attached hereto and incorporated by reference herein. References to lot numbers within the Makai Lands in this Agreement are described in Exhibit A. A. Pre-existing Lots. The County of Hawaii recognizes 92 pre-existing lots (Mill I.ot not included) determined as follows: 53 lots by Grant, LCA, etc. (minimum lot size 1-3 acres) (School Grant Lot shall be created as a separate lot pending final determination of title.) If Continental's title to the School Lot is confirmed prior to final subdivision approval, consolidated Lots 69 and 70 may be subdivided into two (2) lots with a minimum lot size of 5 acres. If title is confirmed after final subdivision approval, the School Lot shall be consolidated into the lot in which it is located. 14 lots in settlement of BOA 01-32 and BOA 01-33 (minimum lot size 1-3 acres) 25 lots out of the 153 claimed camp lots (minimum lot size 5 acres). This recognition of camp lots shall be without prejudice to the County's right to deny any other proposed camp lot subdivisions in other cases. In addition, the above detennination of camp lots includes the County's non- recognition of the approximately 70 claimed camp lots at Kaupakuea Camp. Continental hereby waives any additional camp lots that may exist within the Makai Lands. 2019077.1.054151-00002 4/12/2002 13:11 4. Continental to create 1 bulk lot to initially create open area, which shall be exempt from SMA assessment and SMA Major and/or Minor permit requirements, and which may be subdivided and/or rezoned in the future pursuant to the then applicable requirements of the Zoning Code and Subdivision Code. This bulk lot shall count against the total of pre- existing lots herein. 5. Undevelopable Lots: If any roadway lots are created, they shall not count against the number of lots Continental is allowed to subdivide herein. Continental shall create an easement for the Japanese Cemetery, and create a lot for the Chinese Cemetery with appropriate easements for access. This cemetery easement and cemetery lot shall not count against the number of lots Continental is allowed to subdivide herein. 6. Tax Deed Lots: If any of the tax deed lots acquired by Continental are redeemed prior to December 6, 2002, Continental shall not be allowed to count that lot in the total of pre-existing lots. B. SMA. Continental shall submit separate SMA Assessments for all development within the Special Management Area, including, without limitation, the development proposed within the SMA/SLU Urban District and SMA/SLU Agricultural District. The processing for the Continental Lands within the SMA shall be subject to the following provisions. 1. Lots within the SLU Urban District: a. Continental shall process a SMA Major permit application and a current certified shoreline survey for a maximum of twelve (12) lots (Lot 21 through and including Lot 30 within the SMA and Urban District, and Lot 41 and Lot 43 within the SMA and Agricultural District). The Planning Director hereby agrees in principle that the creation of these 12 lots, with the use restrictions and protections provided in this Agreement, and appropriate conditions, can meet the criteria for a SMA Major Permit, and the Planning Director shall provide a recommendation consistent with this Agreement on the SMA application to the Planning Commission. If the Planning Commission approves the SMA Major Permit, the County of Hawaii shall expeditiously process the preliminary plat and final subdivision approval, consistent with the tern -is of the SMA approval. b. The twelve (12) lots created within the Urban District and within the SMA shall be limited in density to one single-family dwelling per lot, together with accessory uses, guest quarters and other 4 2019077.1.054151 00002 4/1212002 13:1 1 permitted uses within the Single -Family Residential zoning district pursuant to the Hawaii County Code. Continental shall record restrictive covenants running with the land for these twelve (12) lots addressing this limitation on use with the Bureau of Conveyances. The restrictive covenants shall be enforceable by the County and the lot owners. C. The proposed lots, or portions thereof currently located within the Limited Industrial (ML -20) and General Industrial (MG -5a) zoned areas (Lots 21, 22, 23, 24, 25, 26, 41, 42 and 43) are not presently zoned to allow Residential uses and shall be submitted for rezoning by Continental to Single Family Residential (RS -20) in that the County agrees that the Residential zoning is consistent with the General Plan and Residential zoning criteria. The area of Lot 91 (4 to 6 acres) has been determined by the County to be consistent with the General Plan LUPAG Map for light industrial use, and submitted for rezoning by Continental from SLUC Agricultural and Agricultural (A -20a) to SLUC Urban and Light Industrial (ML -20). The County agrees in principle that for Lot 91, the Limited Industrial zoning is consistent with the historical use of the area, and that an area of Limited Industrial is needed to support the agricultural uses in the general area. The County shall concurrently and expeditiously process these applications and shall provide a recommendation consistent with this Agreement and a finding of consistency with the General Plan LUPAG map to the Planning Commission and County Council. d. All lots created within the present State Land Use Urban District and not within the SMA, shall be limited to one single-family dwelling per lot, guest houses, and other uses permitted within the Single -Family Residential District pursuant to the Hawaii County Code. Continental shall record restrictive covenants so limiting the uses, which shall be enforceable by the County as well as the lot owners. C. Prior to final subdivision of the affected areas, the County of Hawaii may initiate a rezoning of areas within the existing State Land Use Urban District to an RS zoning with a larger minimum building site area than the present zoning. Continental shall consent to and support the rezoning if (1) the proposed minimum building site area is less than the size of the applicable lot, as shown on the preliminary plat map, (2) the rezoning does not change the permitted uses, and (3) the rezoning does not impose 2019077.1.054151-00002 4/12/200213:11 additional obligations on the lot owners or Continental. If the rezoning occurs, the limitation to one single-family dwelling per lot need not be a deed covenant, unless desired by Continental. 2. Lots within the SLU Agricultural District: a. SMA Exemption: Continental and the County agree that there are currently 13 lots, or portions thereof, within the SMA. The County of Hawaii shall grant an SMA exemption for a maximum of thirteen (13) developable pre-existing lots (Lots 31, 32, 33, 34, 36, 37, 38, 1, 3, 4, 5, 6 and 7) approximately one to six acres in size located within the SMA and Agricultural District. The consolidation and resubdivision of these thirteen (13) lots into the proposed configuration as proposed in Exhibit A is not "development" because it does not pose a significant environmental or ecological effect in that the resulting lots are not concentrated on a beach or other sensitive coastal area, the lots are located approximately 300 feet from the shoreline, and in consideration of the other requirements of this Agreement, including the provisions relating to public access and limitations on the use of the bulk lot. In the event that the Conservation District line within the Continental Lands is re -interpreted by the State Land Use Commission (or changed by boundary amendment) in the makai direction from its present location approximately as shown on Exhibit A, approximately 300 feet from the cliff edge, all dwellings shall be setback from the certified shoreline a minimum of 330 feet. Lots 35, 39, 40, 44 and 2 are determined to be outside of the SMA, or in the case of Lots 44, 2 and 39, if not outside the SMA, the boundaries shall be adjusted so that they are not within the SMA, or upon Continental's sole option, one or more of the lots shall be included in the SMA Major permit application noted herein. The County hereby waives the requirement for submittal of a certified shoreline survey for these exempt lots in that they are located a considerable distance from the shoreline by a band of SLUC Conservation District land. b. Location of south and north lots outside SMA: Continental shall locate the oceanfront lots proposed at the south end (Lot 71 through and including Lot 81) and north end (Lot 8 through and including Lot 20) of the Continental Lands outside of the SMA. The County of Hawaii shall not require processing of a SMA Assessment or SMA Use Permit (Major or Minor) for these lots. Continental may, at its sole option, relocate any or all of the 2019077.1.054151-00002 J/!2/100? 13A 1 oceanfront lots on the south end within the SMA, and if so, these lots shall be included in a SMA Major Permit application. At the north end, a landscape buffer shall be planted by Continental along the mauka edge of the road extending to the north end of the Continental Lands in the general area of Lots 3 through 20. C. Consolidated Lot 20: At the north end, Continental shall include building setback covenants limiting development of Lot 20 to the northern -most side of the lot adjacent to Kapehu Stream. d. Farm Dwellings: Development of farm dwellings and additional farm dwellings on all lots within the SLU Agricultural District shall be pursuant to the applicable regulations of HRS Chapter 205 and HCC Chapter 25. e. Shoreline Areas Fronting Lots: Continental shall record covenants covering the use and management of the shoreline areas within the portions of bulk Lot 92 in the SMA, which shall allow, without limitation, private park, agricultural uses and open space recreational areas. At the north end of the Continental Lands (fronting Lots 30 through and including 38,and Lots 1 through and including 20) these covenants shall also prohibit the further development of residential and/or farm dwellings within the area currently designated SLU Conservation and within the County Special Management Area. Any development in the area shall comply with all applicable laws. The restrictive covenants shall be enforceable by the County and the lot owners. f. Lots 69 and 70: Continental shall consolidate Lots 69 and 70 into one (1) lot with a minimum lot size of 10 acres, provided however, that Lots 69 and 70 may be subdivided into two lots with a minimum lot size of 5 acres each if the title contingency noted in Section II.a.1. herein is resolved in Continental's favor. C. Public Access 1. The County and Continental agree to the five (5) pedestrian public access and parking easements as more particularly shown on the map marked Exhibit "A" attached hereto and incorporated herein. As used herein, the term "pedestrian public access" shall mean and be limited to pedestrian foot traffic, and does not include use by bicycles, motor bikes, all -terrain vehicles or motorized vehicles of any type, or horse, mule or other animal use. The County of Hawaii hereby agrees and stipulates that the terms of VA 2019077.1.054151-00002 4/12/2002 1 s: 1 1 this Agreement and the recordation of the Easements for Public Access for the Continental Lands at the Bureau of Conveyances, State of Hawaii, shall constitute full and final compliance with all public access requirements for the Continental Lands of Hawaii Revised Statutes ("HRS") Section 46-6.5, HRS Chapters 205A and 343, the Ala Loa or Ala Kahakai, and Hawaii County Code Chapter 23 (Subdivision) and Chapter 34 (Public Access). Mauka-Makai a. Vehicular: The vehicular easements, public parking areas and access road(s) thereto shall not be "County highways", and shall be designated on the final subdivision maps as easements for public vehicular travel and parking over private property. There shall be public vehicular access allowed on Pepeekeo Mill Road, and along the Old Railroad right-of-way, the present road along Waimaauou Stream (unless equivalent vehicular access is provided), a new 10 - foot wide driveway from the Railroad right-of-way down along Kapehu Stream to the public access parking area at the Beach Road cul-de-sac, and along the segment of road leading makai from the Banyan Tree on TNM (3) 2-8-9:1, to the various public parking easements, as shown on Exhibit "A". Continental shall initially grade and prepare the parking easements to be suitable for parking vehicles. The vehicular accesses shall not be public highways and the County assumes no responsibility for the maintenance of the vehicular accesses. Continental expressly reserves its protections and rights under Hawaii Revised Statutes Chapter 520, relating to Landowners's Liability. Pedestrian: Continental shall provide mauka-makai pedestrian public access from the public parking areas shown on Exhibit "A" in the makai direction along a 10 -foot wide mauka-makai alignment to the 10 -foot wide lateral pedestrian public access easement(s) shown on Exhibit "A". Lateral a. No vehicular lateral access. b. Lateral pedestrian public access: Continental shall provide a ten (10) foot wide lateral pedestrian public access within the shoreline setback area fronting the ocean throughout the Continental Lands. Due to the extreme slopes of the Alia Stream and Makea Stream at 2019077.1.054151-00002 4/12/2002 13:1 i the shoreline area, the County acknowledges that the lateral access may not be continuous in these locations. 4. Designation of easements on subdivision map: The pedestrian public access easements (mauka-makai and lateral) described in this Agreement shall be entered on the final subdivision maps as easements in favor of the County of Hawaii. 5. The various vehicular and pedestrian public access easements described herein shall not be officially open to the public until easement documents have been accepted by both parties and the easements conveyed to the County. Enactment of rules governing the use of the public accesses pursuant to Chapter 34, Hawaii County Code, shall also be a condition precedent to the official opening of the public accesses. Public access to the shoreline at the Makai Lands shall be open between 6:00 a.m. to 6:00 p.m., seven days a week. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the County. 6. The descriptions of the public access easements on Exhibit A are the parties' best efforts to describe the locations of the desired public access easements. The parties agree that the exact locations of some of the trails in question must be physically located on the ground and cannot be exactly specified on maps at the present time. The lateral shoreline access shall be designated on the subdivision map(s) as an easement for lateral shoreline access, 10 -feet wide, approximately 25 -feet mauka from the edge of the cliff, or within the makai-most cane haul road, whichever is closer to the cliff edge, unless physical constraints preclude such location: Continental shall survey, and Continental and the County shall stake this lateral shoreline access easement within six (6) months from the issuance of final subdivision approval for the lots affected by the subdivision. In determining the final locations of the trails and access points, the parties agree to be guided by the following principles: the goal is to establish public access that provides safe and feasible pedestrian access to the shoreline and along the coast with a minimum of site improvement. Where vehicular access is specified, the route should follow the existing roads. Where the public access crosses gulches, there must be a safe, feasible route to get from one side of the gulch to the other. Where the public access runs along the top of the sea cliff, the route should be close to the cliff, but not so close that it is hazardous. If portions of the sea cliff erode away, destroying the trail or making it hazardous, the trail must be relocated to a safe location in the immediate vicinity. Where the trail goes along the top of the sea cliff, there shall be spur trails to permit pedestrians 0 2019077.1 .054151-00002 4/12/2002 13:11 to go down the sides of the cliff at locations where it is safe to do so. These will be at locations traditionally used by surfers and fishermen. In general, the trails will follow field roads or existing paths where possible. Where the trails do not exist on the ground in the area of the desired lateral public access, Continental has no obligation to make trails, except that Continental shall initially grade the mauka-makai pedestrian easements sufficient for foot traffic. D. Subdivision Improvements for Roadways Drainage and Water The subdivision improvements for roadways, drainage and water shall meet the minimal standards for public health, safety and welfare (not County -standards). The County reserves the right to require Continental to provide and construct on-site subdivision improvements necessary to protect the minimum requirements of public health, safety and welfare, provided however, that these improvements shall not contradict specific provisions of this Agreement. Continental shall utilize and improve the existing plantation roadways and drainage improvements to service all lots within the Continental Makai Lands as follows: a. Subdivision roadways shall have a minimum right-of-way of fifty (50) feet, and the abandoned railroad right-of-way and Pepeekeo Mill Road shall have a minimum right-of-way of sixty (60) feet. Continental shall asphalt and pave (1 %z" a/c, 9 feet wide) the two (2) stubout roads located near Lots 35 and 39 on Exhibit A, and the subdivision road from the existing a/c road out to Lot 20 (1 %2" a/c, 18 -feet wide, within a 50 -foot right-of-way, with a suitable sub- base. Continental shall also improve with cinder -packed treatment the portion of Higa Road from its intersection with the Railroad Right -of -Way near Lot 70, up to the area near Lot 63. With the exception of the existing rights of other owners to access the Hawaii Belt Road, the mauka intersection of Higa Road with the Hawaii Belt Road shall be gated if requested by the County or the State Department of Transportation in the future, and vehicular access through the intersection after installation of the gate shall be limited to emergency access purposes for the lot owners. Continental shall record covenants notifying all lot owners within the Makai Lands of this contingent requirement for the gate. b. The remaining subdivision improvements for access, roadway, traffic controls, streetlights, drainage and water shall be as follows: 70 of the 93 Makai lots will be located along private asphalt roads (Lots 1 through and including 51, 53, 54, 56 through and including 10 2019077.1.054151-00002 4/12/2002 13:1 1 63, 70, 88, 89, 91 and 92) or County asphalt roads (Lots 84 through and including 87). The remaining 23 lots (Lots 52, 55, 63 through and including 69, 71 through and including 83, and 90) are, or will be located along the existing heavy rock based, cane - haul road which are, or shall be covered with at least 3 inches of packed cinder. All cane -haul roads have been well established for years. No access intersection, traffic controls (other than stop signs, pavement striping and similar minor traffic control devices) and streetlights shall be required for subdivision. All existing drainage and stream culverts were designed and built by sugar cane engineers many years ago, are constructed with reinforced concrete (according to Continental). The County shall process these subdivision(s) as pre-existing lots with non-dedicable improvements which will not be formally inspected by the County. The subdivision improvements for the Makai Lands described herein satisfy the applicable requirements for subdivision as proposed in Exhibit "A". C. Private Water System: To service Lots 1 through and including 51, and Lot 91, Continental shall install a private potable water distribution system designed and stamped by a licensed engineer, and built as designed, either through a master meter or separate water meters. Continental shall pay all applicable Department of Water Supply charges for the initial installation of the private water system. If water usage exceeds the capacity of the master meter, and the Department of Water Supply requires a larger meter, the managing entity shall pay all applicable charges for the upgrade. The managing entity shall inform the Department of Water Supply in writing of any connections in addition to Lots 1- 51 and Lot 91, and shall pay all applicable Department of Water Supply charges. Continental shall forma homeowners' association or other entity to manage and maintain the water distribution system prior to the occupancy of any dwellings on these lots. The remaining lots within the Makai Lands may be served by water catchment systems which shall comply with the County's requirements for water catchment systems. Continental shall record covenants giving notice to all lot purchasers of the private water system and maintenance by the homeowner's association or other entity. d. Continental shall establish drainage easements, CCRs and one or more mandatory associations of lot owners to own, manage and maintain the privately -owned project roadways, drainage and water 201 907 7.1.054151-00002 4/12/2002 13:1 1 improvements. The association(s) shall have the power to file and enforce liens against any lot owners who fail or refuse to pay any association dues or maintenance assessment, including without limitation, fees for maintenance of common road and utility systems. Continental shall disclose the existence of the power plant and ash piles within the Makai Lands to all prospective lot purchasers. 2. Individual Wastewater Systems: Continental shall require individual purchasers to implement individual wastewater systems for each lot pursuant to the septic tank requirements of the State Department of Health, provided, however, that Continental shall not be required to utilize a sewage treatment plant nor connect to the County sewer system, provided, however that in the event an extension of the public sewer system is constructed within the Makai Lands, pursuant to Hawaii County Code Chapter 21 relating to Sewers, the individual lots that are accessible to a sewer shall be subject to the sewer connection requirements of Section 21- 5 of the Hawaii County Code. 3. Road Maintenance Fund: Upon the sale of each of Lots 71 through and including 81, and Lots 56 through and including 69, Continental shall deposit $5,000 into escrow as seed money for the road maintenance fund applicable to those lots. (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 12 2019077.1.054151-00002 4/12/2002 13:11 III. MAUKA LANDS: Continental shall process one or more subdivisions in the lot configurations as generally shown on the R.M. Towill Corporation March 16, 2002 proposed subdivision maps (Lots 1 through 50, inclusive) and March 20, 2002 (Lots 52 through 76, inclusive, and Mauna Kea Agribusiness 9 lots / 2 lots) identified as Exhibits B-1 and B-2, attached hereto and incorporated herein by reference. Reference to lot numbers within the Mauka Lands in this Agreement are described on Exhibits B-1 and B-2 respectively. A. County of Hawaii recognizes a total of 86 lots determined as follows: 56 pre-existing Grants, LCA, etc. The minimum lot sizes for these 56 lots shall be as follows: a. The eight (8) non -conforming lots below 9.99 acres in size shall have a minimum lot size of 5.0 acres. b. The fifteen (15) non -conforming lots below 19.99 acres in size shall have a minimum lot size of 10.0 acres. C. The thirty-three (33) lots above 20.0 acres in size, shall have a minimum lot size of 20.0 acres. 2. 30 out of the 71 camp lots. The 30 camp lots shall each have a minimum lot size of 20 acres, provided however, that these camp lots may be subdivided into lots less than 20 acres in size, but not less than 10 acres, if Continental can demonstrate to the County's satisfaction that smaller lot sizes will create a more functional lot(s) without significantly compromising the intent of establishing the minimum lot size in the zoning district. This recognition of camp lots shall be without prejudice to the County's right to deny any other proposed camp lot subdivisions in other cases. Continental hereby waive its rights to any additional camp lots that may exist within the Mauka Lands. The portion of the Continental lands (TMK 3-2-7-07:portion of 01; TMK 3-2-8-03:01; and TMK 3-2-8-04:01) under the control of Mauna Kea Agribusiness shall be allocated 9 lots and 2 lots, respectively, and all these lots shall have a minimum lot size of 20 acres. Mauna Kea Agribusiness shall be solely responsible for all costs, and negotiating and developing the subdivision infrastructure and lot configurations for these areas with the County. Any subdivision application by Mauna Kea Agribusiness for these lands will not be part of this Agreement. 13 2019077.].054151-00002 4/16/2002 4. Road Maintenance Fund: Upon the sale of each of Lots 52 through and including 76, Continental shall deposit $5,000 into escrow as seed money for the road maintenance fund applicable to those lots. B. Subdivision Improvements for Roadways, Drainage and Water 1. The subdivision improvements for access, roadways, traffic controls, streetlights, drainage and water shall meet the minimal standards for public health, safety and welfare (not County -standards). The County reserves the right to require Continental to provide and construct on-site subdivision improvements necessary to protect the minimum requirements of public health, safety and welfare, provided however, that these improvements shall not contradict specific provisions of this Agreement. Continental shall utilize and improve the existing plantation roadway and drainage improvements to service all lots within the Continental Mauka Lands as follows: a. Subdivision roadways shall have a minimum right-of-way of fifty (50) feet. The subdivision roadway and drainage improvements shall be as follows: All twenty-five (25) non -conforming lots and twenty (20) of the conforming lots shall be located along paved roads, owned by either the County or private parties with no further improvements required. The balance of thirty (30) conforming lots shall be located along existing cane -haul roads, which are, or shall be improved with rock base and 3 -inch cinder topping. Continental shall asphalt and pave (9 -feet wide, 1 %z" a/c) one or more portions of the subdivision roads, in the Onomea portion of the Mauka Lands up to a maximum total of 3,000 linear feet at location(s) selected by the County, with the exception of the Mauna Kea Agribusiness lands noted in Paragraph III.a.3, above. The paved roadway areas shall include suitable water bars and drainage to limit erosion of the subdivision roadways. No access intersection, traffic controls (other than stop signs, pavement striping and similar minor traffic control devices) and streetlights shall be required for subdivision. All existing drainage improvements and concrete culverts have been established for years. The County shall process these subdivision(s) as pre- existing lots with non-dedicable improvements which will not be formally inspected by the County. The subdivision improvements described herein for the Mauka Lands satisfy the applicable requirements for subdivision as proposed in Exhibits "B-1 " and "B-2" 14 2019077.1.054151-00002 4/12/2002 12:1 1 The County of Hawaii shall process the Mauka Lands (86 lots) subdivision as a pre-existing lot subdivision which is exempt from meeting the water system requirements of the Subdivision Code (HCC Chapter 23) and Zoning Code (HCC Chapter 25). If any of the lots will be serviced by water catchment systems, the systems shall comply with the County's requirements for water catchment systems. C. Continental shall establish drainage easements, CCRs and one or more mandatory associations of lot owners to own, manage and maintain the privately -owned project roadways, drainage and water improvements. The association(s) shall have the power to file and enforce liens against any lot owners who fail or refuse to pay any association dues or maintenance assessment, including without limitation, fees for maintenance of common road and utility systems. 2. Individual Wastewater Systems: Continental shall require individual Purchasers to implement cesspools and/or individual wastewater systems for each lot pursuant to the requirements of the State Department of Health, provided, however, that Continental shall not be required to utilize a sewage treatment plant nor connect to the County sewer system, Provided, however, that in the event that an extension of the public sewer system is constructed within the Mauka Lands pursuant to Hawaii County Code Chapter 21 relating to Sewers, the individual lots that are accessible to a sewer shall be subject to the sewer connection requirements of Section 21-5 of the Hawaii County Code. IV. GENERAL TERMS A. Issuance of Final Subdivision Approval. The Planning Director shall expeditiously issue final subdivision approval for the Subdivision application(s) upon Continental's submission of a final plat map, and satisfying the conditions of tentative subdivision approval in the respective Subdivision application(s), whichever is later. All lot purchasers shall be informed by deed covenants that the subdivision infrastructure has not been made to County standards, has not been inspected or otherwise approved by the County, and that the County has no obligation to repair, maintain, inspect, or replace the roads, bridges, culverts, water systems, drainage, or other infrastructure in the subdivision. B. No Admission. The parties hereto acknowledge that neither this Agreement, nor the fact of settlement, nor the settlement negotiations or proceedings are, may be construed as, may be deemed evidence of, or may be used at any time as an admission, presumption, or inference of fault, wrongdoing or liability of any party in any case, action, or proceeding in any 15 2019077.1.054151-00002 4/12000? 13 I i court, administrative agency, or other tribunal, or in any manner, for any purpose whatsoever, except, however, that this Agreement may be used in any action for the enforcement of this Agreement. C. Advice of Counsel. No party has made any representations of fact or opinion to another party to induce this compromise, and this compromise is made by the parties with full knowledge of the facts and possibilities of the case, and with the advice of, or the opportunity to obtain experienced counsel. D. Authority to Execute: The parties represent and warrant that their signatories to this Agreement have the authority to execute and bind the party or parties on whose behalf this Agreement is signed. E. Entire Agreement. This Agreement constitutes the entire agreement among the parties and may be changed, modified, or amended only by all parties executing a written instrument. F. No Waiver. Waiver of any breach of this Agreement by any party shall not be deemed a waiver by such party of any other breach of this Agreement. G. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of Hawaii. In the event of any dispute or litigation relating to the matters within the scope of this Agreement, the parties consent to the jurisdiction of the courts of the Circuit Court of the Third Circuit, State of Hawaii, and further agree that the courts of the Circuit Court of the Third Circuit, State of Hawaii shall constitute the place of sole, exclusive, and mandatory jurisdiction and venue over such disputes or litigation. H. No Party Deemed Drafter. The terms of this Agreement have been negotiated at arms' length among knowledgeable parties represented by experienced counsel. As a result, the rule of "interpretation against the draftsman" shall not apply in any dispute over interpretation of the terms of this Agreement. I. Prior Agreements Cancelled. This Agreement contains the entire agreement among the parties and supersedes and cancels each and every other prior conflicting agreement, promise and/or negotiation among them. The terms of this Agreement are contractual and are not a mere recital. J. Further Documents and Acts. The parties agree to execute any other or further documents, and to grant any approvals and perform any and all other acts reasonably required to carry out the purpose of this Agreement. K. Attorneys' Fees and Costs. Each party hereto shall bear its own attorney's fees and costs. 16 2019077.1.054151-00002 4/12/2002 13:11 L. Enforcement. If any party to this Agreement goes to court to enforce any provision of this Agreement, the prevailing party shall receive its reasonable attorney's fees and costs. The Parties acknowledge that the terms of this Settlement Agreement have been read, that its provisions are fully understood, and that the same have been duly agreed upon and signed by the Parties as their free act and deed. IN WITNESS WHEREOF, the Parties have duly executed this Settlement Agreement on thisT �� day of12002. RECOMMEND APPROVAL: PLANNING DEPARTMENT By: CHRISTOPHER N Its Planning Director APPROVED AS TO FORM AND LEGALITY By:�i��'L- c iZ�y Deputy Corporation Counsel 17 CONTINENTAL PACIFIC, LLC B G JERE A. HENDERSON Its Manager COUNTY OF HAWAII, a municipal Hawaii corporation By: "';Z- HARRYj2i� Its Mayor 2019077.1.054151-00002 4/1212002 13.11 E)4/29/2003 15:19 PHR 888-96' 398 PHRI Paul M. Rosendahl, Ph.D., Inc. • HIMFkal - Cultural Resource MaOapamant Studies & S*m1cea walanaanue Aaanue - HPa, Hawall 96720 - 7.0. Am 27105 - G.M.k., Guam 96921 - (a71 TRANSMITTAL Transmittal 2292-042903 117 - FAX (671)472-3171 TO: Dr. P. Holland McEldowney, Acting Administrator State Historic Preservation Division Kakuhihewa Building, Room 555 601 Kamokila Boulevard Kapolei, Hawaii 96907 FROM: Paul H. Rosendahl, PhD. President and Principal Archaeologist PAGE :J1 Project No. 2292 Date: April 29, 2003 SUBJECT: Request to State Historic Preservation Division for Determination of "No Historic Properties Affected" Continental Pacific Lands at Pgwekeo Former Pepeekso Sugar Plantation Parcels Land ofMakahanaloa, South Hilo District Island of Hawaii(TMK:3-2-8-07:Por.1,Por.2,Por.53) (PHRI Report 2292-042703) Dear Dr. McEldowney: At the requested on Mr. Steven S.C, Lim, Esq:, and on behalf of his client, Jen: Henderson of Continental Pacific, the enclosed report is hereby submitted for your review and approval. This report was prepared in connection with an impending SMA application to be made to the County of Hawaii. Thank you for your prompt attention to this submission. If you have any questions or comments, or need any additional information, please call me at my Hilo office, (S08) 969-1763. Sincerely yours, Paul H. Rosendshl, MD. President and Principal Archaeologist Encl.: PHRI Report 2292-042703 Cc: S.S.C. Lim, Esq. (w/o report) (Via FAX: 935-7975 EXHIBIT G 099-d 90/20 d 199-1 + 11y9 HIIMS1dVO-wojd well:60 EO -80 -deg Report 2292-042703 Paul H. Rosendahl, Ph.D., Inc. Archaeological • Historical • Cultural Resource Management Studies & Servicer 224 Walanuenue Avenue • Hilo. Ha..ai'i 96720 . (808) 969.1763 • FAX (808) 961.6 P.O. Box 23305 • G.M.F., Guam 96921 - (671) 472.3117 • FAX (671) 472-3 131 REQUEST TO STATE HISTORIC PRESERVATION DIVISION FOR DETERMINATION OF "NO HISTORIC PROPERTIES AFFECTED" CONTINENTAL PACIFIC LANDS AT PEPEEKEO Former Pepeekeo Sugar Plantation Parcels Land ofMakahanaloa, South Nilo District Island of Howal9(1MK3-348-07.-Por.1,Por.2,Por.S3) Introduction 996 April 27, 2003 This report on Continental Pacific lands at Pepeekeo has been prepared by Paul H. Rosendahl, P-h.D., Inc (PERI) at the request of Steven S.C. Lim, Esq., of Carlstnith, Ball, Wichman, Case & Ichiki, on behalf of their client, Mr. lore Henderson of Continental Pacific. The client wishes to develop the parcels and PHRI was requested to inspect the property in connection with impending Special Managerric-t Arca (SMA) applications to be made to the County of Hawaii, and in compliance with the current historic preservation standards and requirements of the Hawaii State Historic Preservation Division (SHPD) and the County of Hawaii. The overall purpose of this report is to provide appropriate documentation supporting a request to the State Historic Preservation Division (SHPD) for a determination of "no historic properties affected" in accordance with the general guidance provided by Chapter 284: Section 5 (b) of the SHPD Draft Rules and Regulations (RAR Title 13, DLNR; Subtitle 13, SHPD) (5/31/01). The following documentation supports our findings that no significant historic sites are present within the parcel, most likely because the lands formerly had been cultivated in sugarcane for over a century -ending in the early to mid-1990s, and more recently have been used for cattle pasture. Project Area Descrlptlon The project area is comprised of two parcels located within the makai lands of the former Pepeeko Sugar Plantation on the east coast of the Island of Hawaii, within the Land of Makabanaloo. South Hilo District (TMK:3-2-8-07:Por.1,Por.53) (see Figure 1, at end). The southern portion of the project area consisted of recently grubbed old cane land located in the seaward portion of Tax Map Parcel TMK:3.2-8-07:1. The northern portion of the project area included both grubbed old cane land located within the seaward portion of Tax Map Parcel TMK:3-2-8.07:2 and previously improved land incorporating the Pepeekeo Mill and associated facilities located within the seaward portion of Tax Map Parcel TMK:3-2-8-07:53 Survey Objectives and Scope of Work The basic objectives of the inspection survey were to determine the following: (a) the general nature, extent, and potential significance of any arcbaeological-historical remains that might have been present, (b) the historic preservation implications of any such remains for the feasibility of proposed development; and (c) the general scope of work and level of effort for any subsequent archaeological -historic preservation work that might have been appropriate and/or required. The ultimate objective of any such subsequent work would be to comply with all current historic preservation requirements of the Hawaii State Historic Preservation Division (SHPD) and the Hawaii County Planning Department in connection with any subsequent development planning and permit applications. 090-d 90/E0 d 189-1 + 7d9 H11WSIOO-wotj WBZ(;60 E0-60-daS PHRI Report 2292-042703 Background Background research conducted before inspection fieldwork did not yield knowledge of any previously identified archaeological sites_ While the general coastal area did appear to fall within the ljmits of the area covered by A.P. Hudson (Hudson rid.) dttring his 1930-1932 Bishop Museum survey of East Hawaii Island -a burial cave once said to be present within the Urban District area at Pepeekeo Landing was mentioned, Hudson did not specifically identify any sites within or in the immediate vicinity of the present field inspection project area. Recent survey work conducted by PHRI within immediately adjacent areas consisted of three field inspections (PHRI 2002a,b; 2003). On September 28.29, 2002, PHRI conducted an archaeological field inspection of immediate coastline areas of former Pepeekeo Sugar Plantation parcels located in the Lands of Makahanaloa. Kahua, and Kaupakuea (TMK3-2-8-07:1,53; 3-2-8-08:3; 3-2-8-09:1) (PHRI 2002b). Done in connection with a proposed reinterpretation of the inland boundary of the State Land Use Conservation District (CD), the purpose of the field inspection was to determine the presence or absence of any potentially significant historic properties within the area between the coastline and the present inland CD boundary that averages generally c. 300 ft inland from the coastline. Two plantation -era cemeteries were shown on tax maps as being situated in the immediate coast line area of the field inspection project area -a "Japanese Cemetery" to the south of Alia Stream, in the Land of Makahanaloa (in Tax Map Parcel 1 of TMK:3.2.8-07), and a "Chinese Cemetery' immediately north of Makes Stream, in the Land of Kaupakuea (in Tax Map Parcel I of TMK3-2-7-09). Both cemeteries were situated outside the limits of the present project. Subsequently inspection ofPepeekeo Plantation maps and records on file at the Mauna Kea Agribusiness Office in Papaikou did not yield any information regarding either of the two cemeteries; however, according to John Cross, Mauna Kea Agribusiness President and long-time C. Brewer & Co., Inc - employee, both of the cemeteries had been disinterred and remains relocated to other cemeteries in the early 1960s when C. Brewer closed down smaller, outlying plantation camps and relocated residents to Luger, consolidated villages. On October 6, 2002, PHRI conducted an archaeological field inspection of a portion of a former Pepeekeo Sugar Plantation parcel located in the Land of Makahanaloa (TMK:3-2-8-07:1) (PHRI 2002a). The purpose of the field inspection was to determine if recent mechanical grubbing had negatively affected any potentially significant historic properties that might have been present within or immediately adjacent to the grubbed area. No archaeological evidence of any kind-c.g., surface artifacts and/or scatters of midden remains -was identified during the field inspection. While the general area of the inspection might have been occupied and/or utilized by native Hawaiians for residential occupation and/or dryland agricultural exploitation prior to historic plantation activities, a hundred years or more of intarmsivc sugarcane cultivation most likely would have Hilly obliterated any physical evidence of any such prior land uses. On October 10, 2002 and January 5, 2003, P141U conducted additional inspections at the site of the "Chinese Cemetery" situated immediately north of Makea Stream, in the Land of Kaupakuea (in Tax Map Parcel 1 0£ TMK:3-2-7-09 (PHRJ 2003). The purpose of this field inspection was two -fold- (a) to confirm that the arca recently fenced at the instruction of Continental Pacific incorporated all surviving physical evidence of the former "Chinese Cemetery", and (b) to determine why the area of the cemetery as depicted on the tax map would seem to be substantially larger than the recently fenced area containing the surviving physical evidence of the former cemetery. Based on the findings of the field inspection of October 10, 2002, and reconfirmed by the findings of the field inspection of January 5, 2003, it was determined that the recently fenced area has incorporated all surviving physical evidence of the former plantation -era "Chinese Cemetery". While there was always the possibility, however remote, that there might be unidentified subsurface interments for which there was no surviving physical evidence, the probability of such being present was considered unlikely because of the immediate surrounding areas which included active drainages, the sea cliff and formerly cultivated sugarcane lands currently utilized for cattle pasture. Furthermore, the field inspection of January 5, 2003 did not produce any new information with regard to the determination of why the area of the cemetery as depicted on the tax map would seem to be substantially larger than the recently fenced area containing the surviving physical evidence of the former cemetery. The following observations were offered: first of all, no information to date had boon found that would indicate how the depicted area came to be placed on the tax map; and secondly, perhaps the area depicted on the tax map represented the general site set aside by the plantation for use as the "Cbinese Cemetery" and that the full area was never utilized -only the more seaward portion of the area was used for interments. 097-d 90/70 d 199-1 + live Hliosldv0-tuoaj we21:60 EO -60-a@5 PHRI Report 2292-042703 Field Methods The field inspection was carried out on September 28-29, 2002 by PHRI Principal Archaeologist Dr. Paul H. Roscndahl and volunteer Field Assistant Kristin T.M. Rosendahl. Variable intensity 100% surface coverage inspection fieldwork was conducted by means of pedestrian ground survey and vehicular traverses. The inspection was carried out concurrently with the previously referenced inspection of immediate coastline areas (PHRI 2002b) Ground visibility varied from gonerally very good to excellent Inspection Results and Cooclosloa No archaeological evidence of any kind--e.g., surface artifacts and/or scatters of midden remains -was identified during the field inspection. Wbile the general area of the inspection might have been occupied and/or utilized by native Hawaiians for residential occupation and/or dryland agricultural exploitation prior to historic plantation activities, a hundred years or Moro of intensive sugarcane cultivation and more recent cattle ranching activities most likely would have fully obliterated any physical evidence of any such prior land uses. Due to the negative results of the field inspection, it is believed appropriate for the SHPD to prepare and issue a written determination of "no historic properties affected', in accordance with the general guidance provided by Chapter 284: Section 5 (b) of the SHPD Draft Rules and Regulations (HAR Title 13, DLNR; Subtitle 13, SHPD) (5/31/01). References Cited Hudson, A.E. n. d. Archaeology of East Hawaii, Unpublished Manuscript. Department of Anthropology, B -P_ Bishop Museum (1932). PMU (Paul H. Rosendahl, Ph.D., Inc.) 2002a Archaeological Field Inspection, Former Pepeekeo Sugar Plantation Parcel, Land of Makahanaloa, South Hilo District Island of Hawaii (TMK:3-2-8-07:1). PHRI Letter Report 2292-100702. Prepared for Jere Henderson, Continental Pacific. (October 7) 2002b Archaeological Field inspection of Itnmodiate Coastline Areas, Former Pepeekeo Sugar Plantation Parcels, Lands of Makahanaloa, Kahua, and Kaupakuea, South Hilo District, Island of Hawaii (T7vK:3-2-8-07:1,53; 3-2-8-08:3; 3-2-8-09:1). PHRI Letter Report 2292-110702. Prepared for Jere Henderson, Continental Pacific. (November 8) 2003 Plantation -era "Chinese Cemetery" Property, Former Pepeekeo Sugar Plantation Lands, Land of Kaupakuea, South Hilo District, Island of Hawaii (TMK:3-2-7- 09:Por.1). PHRI Memo 2292-010503. Prepared for Hank Correa, Hank Correa Realty. (January 6, 2002) 09p -d 90/90 d 169-1 + live Hiimsl8Y0-wail weEU 60 EO-80-daS PMU Report 2292-042703 Figure 1. Project Location 099-� 90/90 d leg -1 + live HIIHS1av0-woJj MI :60 EO -80 -dBs DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 15, 2003 TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 03-014) STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 03-006) SMA USE PERMIT APPLICATION (SMA 03-009) Reference: Subdivision No. 2002-0043 (Final Sub. No. 7644) Settlement Agreement dated April 12, 2002 Applicant: Continental Pacific, LLC Request: ML -20 & CV -10 to RS -20; MG -5 to RS -20; A -20a to ML -20 TMK: 2-8-07: por. 001 and 2-8-07: por. 053 We have reviewed the subject applications received September 10, 2003 and offer the following comments for your consideration. The subject parcel is in an area that is not mapped by the Federal Emergency Management Agency (FEMA) and is designated as Zone X - an area determined to be outside the 500 -year flood plain that may include minimal tsunami inundation. Any earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. For areas intended for agricultural use, the applicant should consult with the Natural Resources Conservation Service. All roads within the subject development shall be retained in private ownership and will not be considered for dedication unless constructed to County dedicable standards. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EXHIBIT 1) Harry Kim mayor .1A July 3, 2003 Countp of'Wabeail FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 TO CHRISTOPHER J. YUEN. PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief SUBJECT : STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-006) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 03-014) REQUEST: ML-20/MG-5a/CV-10 TO RS -20 AND A -20a TO ML -20 SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 03-009) REQUEST: 22 -LOT SUBDIVISION AND RELATED IMPROVEMENTS APPLICANT: CONTINENTAL PACIFIC, LLC TAX MAP KEY: 2-8-7:PORTIONS OF 1, 35 AND 53 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). EXHIBIT P Christopher J. Yuen, Planning Director Page 2 July 3, 2003 "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 and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "Q) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(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. Christopher J. Yuen, Planning Director Page 3 July 3, 2003 "(I) 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) 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." AR L OLIVEIRA Fire Chief RK:lk 7 ? Hat-6ry Kiirn.�:'. -ta18 Barbara Bell Director Gun#g of ('�"'ahtiuttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 208 • Hilo, Hawaii 96720-0252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date July 15, 2003 To CHRISTOPHER YUEN, Plannin i for From BARBARA BELL, Director SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03- 006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Special Management Area Use Permit Application (SMA 03-009) Request: 22 -Lot Subdivision and Related Improvements Applicant: Continental Pacific, LLC TMK: 2-8-7:Portious of 1, 35 and 53 We have reviewed the subject application and comments are attached. Enclosure cc: SWD WWD 080202CO8 S:1tr to plug dept 7-4-eportion 13&30-08320E EXHIBIT F WASTEWATER DIVISION DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 108 RAILROAD AVENUE -HILO, HAWAII 96720 (808) 961-8338 -FAx (808) 961-8644 MEMORANDUM. - DATE: July 15, 2003 TO: Chris Yuen, Planning Director FROM: Peter Boucher, Division Chief State Land Use Boundary Amendment Application (SLU 03-006) Change of Zone Application (REZ 03-014) SUBJECT: Special Management Area Use Permit Application (SMA 03-009) Applicant: Continental Pacific, LLC Tax Map Key: (3) 2-8-7: Portions of 1, 35 and 53 Wastewater Division has reviewed the subject Applications and has the following recommendations: Require connection of existing and/or proposed structures to the public sewer where properties are accessible to the sewer in accordance with Section 21-5 of the Hawaii County Code. Should you have any questions, please contact me at 961-8338. cc: Barbara Bell, Director COUNTY OF HAWAII DEPARTMENT OF PARKS & RECREATION 101 Pauahi Street, Suite 6 Hilo, Hawaii 96720 n3103 JUL y Pm 28 Phone (808) 961-8311 **** Fax(808)961-8411 ':ENTAw MP�YYLOf GLYL�LtM2 DATE: July 23, 2003 TO: Planning Department ATTN: Mr. Christopher Yuen, Planning Director FROM: James Komata, Park Plannr-- RE: Chang of Zone Application (REZ 03-014) Applicant: Continental Pacific, LLC Tax Map Key: (3) 2-8-07:Portions of 1 35 and 53 Thank you for the opportunity to review and comment on the subject application. Upon review of the applicant's County Environmental Report we offer the following comments for your consideration. Though the report states "the Subdivision will not involve an increase in density for this project area"' it is our contention that the change in approved use of the lands does create a change in the needs of the users which the lands support. Also, the report appears to conclude that because there are existing recreational facilities in close proximity to the subject site that there would be no potential adverse impacts theme. It is our position that an increase in the populace that the existing facilities serve has several repercussions. The additional usage results in increased wear on the facilities requiring increased maintenance and a diminished life span. Also, our department provides programs and services to the residents of this district that the future residents of the subject subdivision would be privy to. Given the aforementioned comments, we request an appropriate "Fair Share Contribution" be assessed the applicant should it be proper to do so at this point in the process. Please call me should you have any questions or wish to discuss this issue further. Approved: Patric))a Engelhard Direc#or ' County Environmental Report, Section 1. 1, Page 1 z County Environmental Report, Section 3.2.2, Page 34 EXHIBIT',_;, Q LINDA LINGLE I3EIPJAWMrI CAP"TMW---- GOVERNOR r m I ? UPSTATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM ! -LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 July 18, 2003 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: State Land Use Boundary Amendment Application (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Special Management Area Use Permit Application (SMA 03-009) Request: 22 -Lot Subdivision and Related Improvements Applicant: Continental Pacific, LLC Tax Map Key No: 2-8-07: portions of 1, 35, and 53 ANTHONY J.H. CHING EXECUTIVE OFFFlCu We have reviewed the subject applications forwarded by your memorandum dated June 25, 2003, and confirm that the subject area is designated within the State Land Use Urban, Agricultural, and Conservation Districts as reflected in Boundary Interpretation No. 02-04 dated February 3, 2003. It is our understanding that the proposed project involves the reconfiguration of 92 pre-existing lots of record into 92 single-family residential and agricultural lots, ranging in size from approximately 1.6 acres to 27 acres, and three bulk lots of varying acreage. A breakdown of the number of residential lots and agricultural lots and their respective acreages should be provided. EXHIBIT,., Mr. Christopher J. Yuen, Director July 18, 2003 Page 2 As part of the proposed project, we also understand that the area to be reclassified from the Agricultural District to the Urban District consists of approximately 3.344 acres and constitutes the present site of the Pepeekeo Mill. Clarification should be provided as to whether this acreage is based on a metes and bounds survey of the site. Clarification should also be provided as to the specific use(s) proposed for this site. Given the proliferation of residential subdivisions in the Agricultural District with little or no connection to agriculture, we have become increasingly concerned with developments that purport to be agricultural subdivisions but do not include agricultural plans to indicate what specific activities would be conducted on the land and when such activities would commence. Although we acknowledge that the subject area is located within a district that is known for the cultivation of flowers and nursery products, and that independent farmers and agricultural employees may comprise the primary market for the proposed agricultural lots, we believe that there should be safeguards in place, including but not limited to agricultural plans, to ensure that any dwelling constructed in the Agricultural District is secondary to and supportive of the primary agricultural use of the lot. The State Land Use Commission defers to the judgment of the County of Hawaii regarding other matters in the applications. We have no further comments to offer at this time. Thank you for the opportunity to comment on the subject applications. Please feel free to contact Bert Saruwatari of my office at 587-3822, should you require clarification or any further assistance. Sincerely, ANTHONY J. NG Executive Of 1c LINDA LINGLE GOVERNOR OF HAWAII ?003 SFP 11 PI`9 12 53 $TE OF HAWAII C1. D , tI�l DEPARTMEdQI D AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION September 03 KAKUHI BUILDING, ROOM 555 p KAMO 607 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 HAWAII HISTORIC PRESERVATION DIVISION REVIEW Applicant/Agency: Address: Continental Pacific, LLC 36 Poko Place Hilo, HI 96720 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR - LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATON BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESO1JR2 E5 ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE HISTORIC PRESERVATION KAHOO m ISI&NO RESERVE COMMISSION LAND STATE PARKS LOG NO.: 2003.1682 DOC NO.: 0309JK 13 Project: Chapter 6E-42 Review - State Land Use Boundary Amendment Application (SLU 03-006) Agricultural to Urban Change of Zone Application (REZ 03-014) ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 22 Lot Subdivision and Related Improvements Location: Makahanaloa, South Hilo, Hawai'i Tax Map Key: (3) 3-8-007: Por 1, Por 2, Por 53 1. We believe there are no historic properties present because: —X—a. intensive cultivation has altered the land b. residential development /urbanization has altered the land c. previous grubbing/grading has altered land X_d. an acceptable archaeological assessment or inventory survey found no historic properties e. other: 2. This project has already gone through the historic preservation review process. _ a. mitigation has been completed b. other: X Thus, we believe that "no historic properties will be affected by this undertaking. i Signed r 2j--71-1� biYi Date/�– /, Astoric Preservation Di i n -Kona Jeanne M. Knapp EXHIBIT Z LINDA LINGLE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96609 July 17, 2003 PETERT YOUNG c�...iaPe+sov MEREDITHJ CHING CLAYTON W DELA CRUZ JAMES FRAZI ER CHIYOME L FUKINO, M 0 STEPHANIE WHALEN EREES,T Y LAU TO: Ms. Dede Mani Administrator Land Division FROM: Ernest Y.W. Lau, Deputy Director fy Commission on Water Resource Man gement (CWRM) SUBJECT: State Land Use Boundary Amendment Application Change of Zone Application and Special Management Area Permit for Continental Pacific, LLC FILE NO.: SLU03-006.CMT Thank you for the opportunity to review the subject document. Our comments related to water resources are marked below. In general, the CWRM strongly promotes the efficient use of our water resources through conservation measures and use of agternative non -potable water resources whenever available, feasible, and there are no harmful effects to the ecosystem. Also, the CWRM encourages the protection of water recharge areas, which are important for the maintenance of streams and the replenishment of aquifers, [ x) We recommend coordination with the county government to incorporate this project into the county's Water Use and Development Plan. [ ] We recommend coordination with the Land Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. [ j We are concerned about the potential for ground or surface water degradation/contamination and recommend that approvals for this project be conditioned upon a review by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality. A Well Construction Permit and/or a Pump Installation Permit from the Commission would be required before ground water is developed as a source of supply for the project. The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit from the Commission would be required prior to use of this source. Groundwater withdrawals from this project may affect streamflows, which may require an instream flow standard amendment. ] We are concerned about the potential for degradation of instream uses from development on highly erodible slopes adjacent to streams within or near the project. We recommend that approvals for this project be conditioned upon a review by the corresponding county's Building Department and the developer's acceptance of any resulting requirements related to erosion control. I ] If the proposed project includes construction of a stream diversion, the project may require a stream diversion works permit and amend the instream flow standard for the affected stream(s). I ] If the proposed project alters the bed and banks of a stream channel, the project may require a stream channel alteration permit. f ] OTHER: EXHIBIT If there are any questions, please contact Ryan Imata at 587-0255. 1 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/NAV Ref: REZ03-012.CMT COMMENTS We confirm that the project site is located in Zone X. This is an area determined to be outside the 500 -year flood plain. The National Flood Insurance Program (NFIP) does not have any regulations or guidelines for development within Zone X. Should you have any questions, please call Mr. Andrew Monden of the Planning Branch At 587-0229. Signed: ERIC T. HIRANO, CHIEF ENGINEER Date: N:\WLD\1\4AKAI\SUZIE\HI\PepeckeoSubSI\4AHawaii 164.DOC EXHIBIT k LINDA LINGLE - o • r GOVERNOR r� oo.�. ..._.. y am STATE OF HAWAII 66PGTMENT OF TRANSPORTATION ,I� 869 PUNCHBOWL STREET ' HONOLULU, HAWAII 96813-5097 JUL 2 2 2003 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: RODNF1' K H -RAGA DIRECTOR Aclmg )ePury O,, c,= GLENN M OKIMOTO IN REPLY REFER TO- HWY-PS 2.1018 Subject: Continental Pacific LLC, Pepeekeo Point Subdivision, County of Hawaii, Change of Zone Application, TNM: 2-8-7: por 1, 35, and 53 Thank you for your transmittal requesting our review and comments regarding the subject proposed project. A traffic assessment report must be prepared and submitted to us for our review and approval. The report should evaluate and address the impacts (if any) of the proposed development on our State highway facilities. If you have any questions, please contact Ronald F. Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, %RODNEY K. HARAGA �6 Director of Transportation EXHIBIT L LINDA LINGLE GOVERNOR 7 n 1 MEMORANDUM DATE: July 3, 2003 tr o � Hak o n4� I "4V.a.p .n�a.Ct STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 9 6721-0 91 6 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno k"`'� District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Special Management Area Use Permit Application (SMA 03-009) Request: 22 -Lot Subdivision and Related Improvements Applicant: Continental Pacific, LLC Tax Map Key: 2-8-7:Portions of 1, 35 and 53 CHIYOME L. FUKINO, M.D. DIRECTOR OF HEALTH The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used on each lot will be determined by the wastewater rules in effect at the time of building permit application. W ORD:SLU03-006REZ03-014SMA03-009.mi EXHIBIT M LINDA LINGLE GOVERNOR 19 JUL 15 nM 1? 5n ENT OFFICE OF BUSINESS SERVICES �E..9 se awy STATE OF HAWAII DEPARTMENT OF EDUCATION P.O. BOX 2360 HONOLULU, HAWAII 96804 Mr. Christopher J. Yuen, Planning Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-3043 ATTN: Mr. Norman Hayashi Dear Mr. Yuen: Subject: Continental Pacific, LLC Residential and Agricultural Subdivision Makahanaloa, Pepeekeo and Kahua South Hilo, TMK: 2-8-07:Por. 01 and Por. 53 PATR I CIA HANIAMOTO S1`F,RINTL'4 E,' July 11, 2003 The Department of Education (DOE) has reviewed the applications for State Land Use Boundary Amendment, Change of Zone, and Special Management Area Use Permit for a residential and agricultural subdivision and related improvements in the South Hilo area. The project applicant is Continental Pacific, LLC. The size of the residential portion of the development triggers a request for a DOE fair -share contribution. The DOE requests that you include standard school fair - share contribution language as a condition of rezoning, granting of a Special Management Area Permit, and granting the State Land Use Boundary Amendment. The proposed wording of the condition is: The Applicant shall contribute to the development, funding, and/or construction of school facilities, on a fair -share basis, as determined by and to the satisfaction of the Department of Education. Terms of the contribution shall be agreed upon in writing by the Applicant and the EXHIBIT AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER Mr. Christoper Yuen Page 2 July 11, 2003 Department of Education prior to obtaining building permits for any area of the development. As requested, we are enclosing a brief description of how the fair -share contribution amount is calculated. Should you have any questions, please call Ms. Heidi Meeker of our branch at 733-4862. Thank you for the opportunity to review the applications. Sincerely yours, Raynor M. Minami, Director Facilities and Support Services Branch RMM:hy Enclosure c: Rae M. Loui, OBS Explanation of $1011 per unit calculation The Department of Education's (DOE) fair -share calculation is based on several factors, including enrollment impact, land requirements for new schools, and the cost of land for new schools. Where new schools are not required, the fair -share contribution is used to acquire additional land for expansion of existing schools or for capital improvement projects within the affected school complex. The basis for the calculation is the total number of residential units proposed by a developer. Given that figure, we project the number of elementary, intermediate, and high school students that would be generated based on the following multipliers: School Type Multiplier Elementary (K-5) 0.25 (25 students per 100 units) Intermediate (6-8) 0.10 (10 students per 100 units) High (9-12) 0.10 (10 students per 100 units) Based on these enrollment projections, we calculate the land area that would be required using the following standards. These figures assume Year-Round/Multi-Track scheduling. School Type Design Enrollment Usable Acres Required Elementary 732 12 Intermediate 798 18 High 1,330 50 The land area required is then converted into a dollar amount based upon the average cost per acre of school lands. DOE currently uses $100,000 per acre for its fair -share calculations. This is the approximate average cost per acre of school lands that the State acquired over the past decade. For a project with a total of, say, 730 units, the above calculations result in the following: School Type Enrollment Projection. Usable Acres Required Elementary 183 2.99 Intermediate 73 1.65 High 73 2.74 Total: 7.38 Multiplying 7.38 acres by $100,000 results in a figure of $738,000. That figure divided by the number of units (730) results in a fair -share amount of approximately $1,011 per unit. DOE's fair -share requirement applies only to residential developments of 50 units or more. We do not seek contributions from commercial, industrial and other non- residential developments. Rev. 6/01. To: Chris Yuen County of Hawaii Planning Department 101 Pauahi Street Suite #3 Hilo, Hawaii 96720-3043 Hamakua Soil and Water Conservation District 154 Waianuenue Avenue, Room 322 Hilo, HI 96720 ""' J� I1 1i Subject: State Land Use Boundary Amendment (SLU 03-006) Request: Agricultural to Urban Change of Zone Application (REZ 03-014) Request: ML-20/MG-5a/CV-10 to RS -20 and A -20a to ML -20 Special Management Area Use Permit Application (SMA 03-009) Request: 22 -Lot Subdivision and Related Improvements Applicant: Continental Pacific, LLC TMK: 2-8-7: portions of 1, 35 and 53 We have reviewed the above applications and have the following comments: • Adequate road crossing should be provided for in natural drainage ways. • Buffers or filter strips should be maintained along edge of pali. Sincerely, Hamakua SWCD, Chairman EXHIBIT July 7, 2003 Ab. DIRECT DIAL NO. 808.523.2748 Christopher J. Yuen Planning Director Planning Department County of Hawaii 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP -- Oe1 121 WA1ANUENUE AVENUE P n 2 ` P.O. Box 686 HILO, HAWAII 96721-0686 ;''"f 808.935.6644 FAX 808.935.7975 O� W W W.CARLSMrrH.COM SLIMNCARLSMITH.COM August 19, 2003 Re: State Land Use Boundary Amendment Application (SLU 03-006) Change of Zone Application (REZ 03-014) Special Management Area Use Permit Application (SMA 03-009) Applicant: Continental Pacific, LLC Makahanaloa, Pepeekeo and Kahua, District of South Hilo Tax Mai) Key Nos. (3) 2-8-07: portions of 1, 35 and 53 Dear Mr. Yuen: OUR REFERENCE NO.: 054151-3 This letter is in response to the comments of the Department of Health, Fire Department, Hamakua Soil and Water Conservation District, Department of Education, and Department of Land and Natural Resources - Commission on Water Resource Management, with regard to the above -referenced applications. Department of Health: Applicant will comply with the Department of Health requirements for the overall subdivision concerning wastewater systems. The construction of individual wastewater systems, and compliance with wastewater rules in effect at the time of the building permit application, will be the responsibility of each lot purchaser. Fire Department: Access to the subdivision is from the Hawaii Belt Road, which connects to the interior subdivision roadways. The primary subdivision roadway within the subdivision is the existing 20 to 30 -foot wide asphalt -concrete -paved roadway within a 60 -foot right-of-way, known as the Pepeekeo Mill Road. Pursuant to the terms of the Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands dated April 12, 2002, by and HONOLULU KAPOLEI HILO KONA MAUI IPAN Los ANGELES WASHINGTON, D.C.EMBI P Christopher J. Yuen August 19, 2003 Page 2 between Applicant and the County of Hawaii ("Settlement Agreement") secondary subdivision roadways have been constructed to minimum rights-of-way of 50 to 60 feet, and consist of 9 -feet to 18 -feet wide asphalt -concrete -paved, or cinder -packed, private roadways. The roadways providing access to the Project Area are part of the overall roadway system to the Hawaii Belt Road that received final subdivision approval from the County of Hawaii on January 27, 2003 under Subdivision No. 7644. As provided in the Settlement Agreement, portions of the subdivision, including the Project Area, are served by a private water system. The County of Hawaii supplies water to the private water system. A 50,000 -gallon water storage tank is located within the subdivision and is part of this private water system. Department of Water Supply has confirmed sufficient water units to adequately serve the portions of the subdivision served by the private water system, including the Project Area. Hamakua Soil and Water Conservation District: The natural drainage features within the subdivision are located within the existing streambeds, and will not be disturbed. The Flood Insurance Rate Map indicates the entire subdivision to be in Zone "X", an area outside the area of the 500 -year flood plan. Roadways have been constructed in accordance with the Settlement Agreement, and are part of the overall roadway system for the subdivision that received final subdivision approval from the County of Hawaii on January 27, 2003. Pursuant to the terms of the Settlement Agreement, all land within the subdivision located within the shoreline setback area is subject to a 10 -foot wide lateral pedestrian public access easement located approximately 25 feet mauka from the edge of the cliff or within the makai-most cane haul road, whichever is closer to the cliff edge, unless physical constraints preclude such location. This pedestrian access corridor provides a buffer along the edge of the pali. Department of Education: Applicant proposes to create up to 29 buildable lots and 1 roadway lot within the Project Area as part of the overall parcel consolidation and resubdivision of pre-existing lots. Therefore, the Project Area will be exempt from the Department of Education's fair share requirements since these are pre-existing lots, and the Project Area contains less than 50 units. In addition, the fair share requirement is not a proper condition of the Special Management Area permit approval because it is not related to the management of the coastal environment. See, Topliss v. Planning Commission, 9 Haw. App. 377, 842 P.2d 648 (Hawaii App., Jan. 6, 1993) (No. 15586). Also, we understand that the County of Hawaii has not approved any State Department of Education exactions on prior rezonings. Christopher J. Yuen August 19, 2003 Page 3 Department of Land and Natural Resources - Commission on Water Resource Management: The water system serving the Project Area has been constructed in accordance with the terms of the Settlement Agreement. Applicant intends to comply with the County of Hawaii requirements concerning water use and development. Thank you for your consideration. Very truly yours, C.ARLSMITH BALL LLP Steven . Li SSL/lny cc: Continental Pacific, LLC Department of Health Hawaii County Fire Department Hamakua Soil and Water Conservation District Department of Education Department of Land and Natural Resources - Commission on Water Resource Management CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE �� nl,j C P.O.Box 686 J FllLO, HAWAII 96721-0686 �LEPHONE 808.935.6644 FAx 808.935.7975 — .- 'rill WWW.CARLSMITH.COM SLIMaaCARLSMITH.COM September 11, 2003 Christopher J. Yuen Planning Director Planning Department County of Hawaii 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Re: State Land Use Boundary Amendment Application (SLU 03-006) Change of Zone Application (REZ 03-014) Special Management Area Use Permit Application (SMA 03-009) Applicant: Continental Pacific, LLC Makahanaloa, Pepeekeo and Kahua, District of South Hilo Tax May Key Nos. (3) 2-8-07: portions of 1 and 53 Dear Mr. Yuen: OUR REFERENCE NO.: 054151-00003 This letter is in response to the comments of the County Department of Parks and Recreation, State Department of Transportation, State Department of Business, Economic Development and Tourism - Land Use Commission, and County Department of Environmental Management - Wastewater Division, with regard to the above -referenced applications. Please note that TMK No. (3) 2-8-07: 35, referenced in the headings on the agency letters, is not part of the Project Area and is not affected by these applications. Department of Parks and Recreation: The Subdivision is a parcel consolidation and resubdivision of 92 pre-existing lots and therefore will not result in an increase in the number of lots. While the request to rezone portions of the Project Area from Limited Industrial (ML -20), Village Commercial (CV -10) and General Industrial (MG -5a) to Residential (RS -20) will permit the construction of homes, it constitutes a reallocation and reduction of the potential density within the Project Area and is not an increase in density. It is our understanding that, in cases where no new density is being created, the County's consistent policy has been to not impose a Fair Share Contribution. As HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN I Los ANGELES WASHINGTON, D.C. ,,...+.LY I :' i Christopher J. Yuen September 11, 2003 Page 2 previously noted, existing recreational facilities in close proximity to the Project Area are available. Department of Transportation: As previously described, the Subdivision is a parcel consolidation and resubdivision of 92 pre-existing lots and will not result in an increase in the number of lots. While the request to rezone portions of the Project Area from Limited Industrial (ML -20), Village Commercial (CV -10) and General Industrial (MG -5a) to Residential (RS -20) will permit the construction of homes, it constitutes a reallocation and reduction of the potential density within the Project Area and is not an increase in density. Consequently, we believe that the change in zone will create no additional impact on the State highway facilities. Department of Business, Economic Development and Tourism - Land Use Commission: By letters dated May 16, 2003, and June 6, 2003, the Applicant submitted metes and bounds descriptions for all of the proposed amendments to the Zoning District boundaries to the Planning Department, together with maps depicting the State Land Use District boundary amendments, the Zoning District boundary amendments and the proposed lots to be created within the Special Management Area, with approximate acreages indicated. Copies of these documents are attached for your reference. The number of proposed residential lots to be created in the Project Area is 11 (Lots 21 through 30 and 41) and comprises approximately 33.7 acres, based on the enclosed map. The surrounding land in the area of the proposed residential lots is currently zoned Single -Family Residential (RS -7.5) and General Industrial (MG -5a). The 3.344 acres to be reclassifed from the State Land Use Agricultural District to the Urban District consists of Lot 91 of the Subdivision, also referred to as Parcel D on the map of Proposed Amendments to Zoning District Boundaries. A metes and bounds description of Parcel D is included with the enclosed documents. Parcel D is the site of several pre-existing garage buildings which served the Pepeekeo Mill. The Applicant proposes to allow uses on this parcel which will support the agricultural uses in the general area. Department of Environmental Management - Wastewater Division: The lots within the Project Area are presently not "accessible to a sewer", as defined in Hawaii County Code Section 21-2(a)(1). By memorandum dated July 3, 2003, the State Department of Health confirmed that the use of individual wastewater systems is allowed in the Project Area. The type and number of individual wastewater systems to be used on each lot will be determined by the wastewater rules in effect at the time of the building permit application. A copy of this memorandum is attached. The Covenants, Conditions and Restrictions recorded against the property further provide, in Section 11.3, that, "[iln the event that, at some future date, an extension of the public sewer system is constructed within the Project, the individual Lots that are accessible to such public sewer system shall be subject to the sewer connection requirements set forth in Chapter 21 (Sewers) of the Hawaii County Code." Christopher J. Yuen September 11, 2003 Page 3 Thank you for your consideration. Very truly yours, CARLSMITH BALL LLP Steven S.C. TV SSL/Imp cc: (w/enclosures) Continental Pacific, LLC Department of Parks and Recreation Department of Transportation Department of Business, Economic Development and Tourism - Land Use Commission Department of Environmental Management - Wastewater Division 4836-0123-1104.2.054151-00003 DIRECT DIAL NO. VIA HAND DELIVERY Christopher J. Yuen Planning Director 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WALANUENUE AVENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6694 FAx 808.935 . 7975 W W W.CARLSMrrH.COM SLIMeoCARLSMITH.COM September 16, 2003 7 56 OUR REFERENCE NO.. 054151-3 Re: Applicant: Continental Pacific, LLC Request: State Land Use Boundary Amendment Application (SLU 03-006) Change of Zone Application (REZ 03-014) Special Management Area Use Permit Application (SMA 03-009) Tax Map Key Nos.: (3) 2-8-07:portions 01 and 53 Dear Mr. Yuen: This letter is in response to the comments of the Department of Public Works, with regard to the above -referenced applications. Department of Public Works: All improvements within the Project have been completed. The Project roads will be held in private ownership. The subdivision lots will be configured and engineered to minimize altering of terrain, so as not to increase any potential flood hazards within the Project Area or divert runoff to other properties. Please feel free to contact me or my paralegal Katherine Luga should you have any further questions. Thank you for your assistance. SSL/KYL cc: Continental Pacific, LLC Peter K. Kubota, Esq. HONOLULU KAPOLEI HILO KONA Very truly yours, STEVEN .C. MAUI GUAM I SAIPAN Los ANGELES WASHINGTON, D.C. RContPacificSLU_doc-9/12/03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CONTINENTAL PACIFIC, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-006) Upon careful review of the request, the Planning Director is recommending that a favorable recommendation .,for the State Land Use Boundary Amendment Application be forwarded to the County Council: This recommendation does not; however; sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. 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. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised. Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for:considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to and between existing Urban -designated lands. The applicant's request to designate 3.344 acres at the Hilo Coast Processing Company's base yard. warehouse and office building into the Urban District reflects the infilling of Agricultural -lands within this section of Pepeekeo already, surrounded by Urban -designated lands. The applicant has also requested a concurrent change of zone for the portion of the property from Agricultural (A -20a) to Limited Industrial (ML -20) to reflect the site's current use. Attach: C-821 _i_ (B-355 & 356) The Urban District request would be consistent with the goals and ,polices of the Land Use (Industrial) element of the General. Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action.. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. - The Urban District request conforms to the- General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Industrial uses. The project site has historically been used for industrial,purposes, and is located approximately ,900 .feet from existing industrial uses. A "floating zone" concept identified in the General Plan was also considered in making, a determination that the request' was consistent under the current LUPAG Map: Thus, thearea under consideration is consistent with the urban form established forths- section of South Hilo District as depicted on the LUPAG Map. The* ect site is located in an .urban -like setting adequately, served by transportation, utilities and other amenities. The reclassification and proposed rezoning will allow the property to beused for a variety of light industrial uses that may support agricultural activity along the Hamakua Coast. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and to basic services such as schools, police and fire protection, transportation systems and water. The subject reclassification is for land located near the urban center of Hilo and thereby conforms with the Land Use Commission Rules that encourages urban developments in close proximity to existing developments and existing services and facilities. The subject area is the site of the Hilo Coast Processing Company's base yard warehouse and office building. Primary access to the site i's from Hawaii Belt Road to the Pepeekeo Mill Road, an existing 20 to 30 -foot wide asphalt -concrete paved roadway. Nater is available from the County's water system. The applicant has stated that the proposed area will be allotted one unit of water from the County. Police services are available from the County's Police Station in Hilo. Fire and emergency services are -2- 1� u u available from the Central and Kaumana stations in Hilo. Electricity and telephone services are or will be made available to theproject site. Urban Districts shall -include lands characterized by. "city -like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties are vacant or in residential uses. There is another industrial area (Pepeekeo Power Plant site) located approximately 900 feet makai of the property. The Kulaimano Homesteads is located south of the subject area and zoned A -5a. There are properties zoned RS -10 to the west of the subject area. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S.. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone "Y', areas outside of the 500 -year flood plain. 'Any improvements to the',., property must comply with Chapter 27 of the County Code relating- to, Flood Hazard -Control. The project site slopes slightly to the east. Thus, the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage;and reasonably free, from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A -20a) zoned district, it is not currently being used for active agricultural purposes. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map identifies the property as Prime Agricultural Land. However, this portion of the property has not been used for agricultural purposes, as a warehouse and office building is located on the site. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "C" or "Fair Surrounding lands -in the immediate vicinity of the subject site, are_designated-Agricultural and Urban. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan. On April 23, 2003, Paul H. Rosendahl, Ph.D., Inc. -3- requested a "no effect" determination from the State Department of Land and Natural Resources Historic Preservation Division for the subject properties. By memo dated September 9, 2003, the State Department of Land and Natural Resources Historic Preservation Division indicated that they believe "there are no historic properties present because intensive cultivation has altered the land, and an -acceptable archaeological assessment or inventory_ survey found no historic properties: Thus, no historic properties will be affected by this undertaking. Therefore, the reclassification of 3.344 acres of a 44.954 -acre area from the Agricultural to the Urban designation will.not be -detrimental to the reduction of this area from the agricultural land inventory -in the County of Hawaii: Based 'on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. The accompanying draft bill to amend the State Land Use Boundaries Map H-65 is provided -for your favorable consideration. -4- COUNTY 0 HAtI`.TATE OF HAS 1� A l BILL NO. ( PLANNING D,EPARTMEN'T' ) ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND,USEBOUNDARIES MAP, H-65 FOR THE COUNTY OF HAWAII,. BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT MAKAHANALOA,- SOUTH HILO, HAWAII; COVERED BY TAX MAP KEY 2-8-7:PORTION 53. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State L-an&Use Boundaries Map, H-65 for the County of Hawaii, is amended to change the district. classification of property described hereinafter as follows: The district classif cation of the following area situated at Makahanaloa, South Hilo, Hawaii, shall be Urban: Beginning .at the Southeast corner of this parcel of land, being also along the North side of Easement R-2 of the Pepeekeo Point Subdivision, the coordinates of said point -of beginning referred to Government Survey Triangulation Station "ALALA" being. 3,238.61 feet North and 6,390:35 feet East and thence running by azimuths measured clockwise from true South: 1. 83° 41' 66.68 feet along the North side of Easement R-2 of the Pepeekeo Point, Subdivision; being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo; 2. Thence along the North side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R. P. 7192, L. C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, on a curve to the left with a radius of 3,405.00 feet, the chord azimuth and distance being: 820 24' 30" 151.53 feet; -1- 3. 159° 34' 584.34 feet along Lot 83 of the Pepeekeo Point Subdivision, being portions of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 115 8 to J. Pelham, and R.P. 8164, L.C. Aw. 5663 to Kahonu; 4. 2330 00' 185.25 feet along Lot 83 of the Pepeekeo Point Subdivision, being.portions of R.P. 71921 L.C. Aw. 8559=B, Ap. 17 & 18 to -Wm. Lunalilo, Grant 115 8 to J. Pelham, and R.P. 8164, L.C. Aw. 5663 to' Kahonu; 5. 2280 00' 67.09 feet along Lot.83 of,the Pepeekeo Point Subdivision, being portions of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 1158 to J. Pelham, and R.P. 8164, L.C. Aw. 5663 to Kahonu; 6.. 3410 47' 712.30 feet along Lot 83 of the Pepeekeo Point Subdivision, being portions of R.P. 7192,, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 1158 to J. Pelham, and R. -P. 8164, L.C. Aw. 5663 to Kahonu to the point of - beginning and containing an area of 3.344 Acres. All as shown on the map attached hereto," marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: - P COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`, Date of Introduction: Date of I st Reading - Date of 2nd Reading: Effective Date: -3- ., RContPac ificREZcy_ d oc-9/ 18/03 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CONTINENTAL PACIFIC; LLC CHANGE OF ZONE APPLICATION (REZ 03-014) Upon careful review of the request, the Planning Director recommends that a favorable recommendation of the Change of Zone request be forwarded to the County Council. This recommendation does not, however, sancton'the specific_plans submitted with -the application as, they may be subject to change .given the specific code and regulatory requirements of the affected agencies.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 favorable recommendation is based ori the following findings: The applicant is requesting a change of zone for approximately 12:640 acres: TMK: 2-8-7: Por. 1, approximately 1.462 acres, from Limited Industrial (NIL -20) to Single- .Family Residential '(RS -20). This area includes portions of Bulk Lot 83, 70 and Roadway Lot 93. • TMK: 2-8-7: Por. 1, approximately 1. 194 acres, from Village Commercial (CV -10) to Single -Family Residential (RS -20). This area includes a .portion of Bulk Lot 70. • TUC: 2-8-7: Por. 1and 53, approximately 6.640 acres, from General _ Industrial (MG -5a) to Single -Family Residential (RS -20), location of the mill site. This area includes portions of Bulk Lots 70, 83 and Roadway Lot 93. • TMK: 2-8-7: Por. 53, approximately 3.344 acres within Lot 91, from Agricultural (A -20a) to Limited Industrial (ML -20), concurrent SLU Boundary amendment from Agricultural to Urban. The net result of the proposedrezoning is, in effect, a downzoning or reduction in the allowed use from the current zoning for both the industrial and residential areas. The current ML and MG zoning, consisting of 8.102 acres, • u would be replaced by 3.344 acres of new ML zoning, so the total area zoned for . industrial use would be less. There would be 9.296 acres of new RS -20 zoning. The RS zoning would allow 20 homes to be built, -but under the terms of the Settlement Agreement and the current SMA permit request, only 3 homes would be built in the RS -2.0 zonedarea. The current CV -10 zoned area,, which will be changed -to RS -20, could potentially be developed with five single-family residential lots, or a maximum of 41 multifamily units. In addition; because of the ter -Ins -of the. SettlementAgreement, the adjacent RS -7.5 zoned area; consisting, of about 35 acres, will be developed to no: more than about nine lots. In order to consider', an area for any type of zoning designation; the applicable- goals, pplicablegoals, policies and standards of the Gerieral Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions. can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these, evaluations and decisions must be also considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The proposed request would be consistent with the goals and policies of the General Plan Economic, Land Use and.Housing Elements. The General Plan is intended to be used as a policyguide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space; and to coordinate these uses with the County's service and circulation systems. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The overall Land Use goals, policies and, standards are set forth to physically plan the lands mi the County in the best interest of the island's residents. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical -2- relationship among the various -land uses. The LUPAG Map establishes the basic urban and. non -urban form for areas within the County. Theproject area is designated Low Density Urban and Industrial, for the site of the. Hilo Coast Processing. Company's base yard and office building. A "floating zone" concept identified in the General Plan was ,,considered in making a determination that the request for Industrial zoning was consistent- .under the current LUPAG Map. The Low Density Urban designation allows for uses single-family resdential.in character, ancillary community and public uses, and convenience type commercial uses. The industrial designation ,includes uses such as manufacturing and,processing, wholesaling, large storage -and transportation facilities and light industrial uses. The request to a Single Family- Residential 'zoned .district for the proposed subdivision and Limited Industrial zoned :district for. the existing Hilo Coast Processmg,Compaoy� base yard" -warehouse and office building would be a:reasonable evolution of existing uses in the'area. Furthermore, a favorablerecommendation of the proposed use will provide the basic -framework fora concentration of urban activities occurring in an orderly. manner.- as identified by 1the General Plan. The, project site is situated within close proximity to schools, commercial areas; employment centers and public safety services. All utilities and services essential to accommodate urban development are or will be made available to the project site. The subject site is situated close to the urban center of Hilo. Primary access to the site is from Hawaii Belt Road to the Pepeekeo Mill Road; an existing 20 to 30 -foot wide asphalt -concrete paved roadway. Theprimary access roadway will be the Pepeekeo Mill Road,, an existing 2.0 to 30 -foot wide asphalt -concrete paved roadway within a 60 foot right-of-way. The secondary subdivision roadway will consist of an 18 -foot wide paved roadway within a 50 -foot right-of-way to be held in private ownership and maintained by the lot owners in the subdivision. According to the applicant, the nearest County municipal water system is located along the Old Mamalahoa Highway. The applicant has obtained a commitment of 55 units of water from the County and has constructed a 5'0,000 -gallon holding water tank to provide a private potable water system to oceanfront lots within the SMA. The proposed Limited Industrial area (Lot 91) will be -3- i allotted one unit of water. Police services are available from the County's Police Station in Hilo. Fire and emergency services are available from the Central and Kaumana stations in, n Hilo. Electricity -and telephone services are or will be made available to the project site: Storm and surface water runoff will be accommodated within the project site in a manner meeting.: with the approval of the Department of Public Works. Theproject will be serviced by private individual wastewater septic systems meeting the State Department of Health's . Nater Quality Standards. The Department of Environmental Management Wastewater Division recommends :the connection of structures to .the public sewer where properties -are accessible to the sewer: The roe has no severe- : colo `cal or -to o heal problems which - p- P rty g P g P.- cannot be rectified or.whichwould render the: land unusable. The property is located within,Zone areas determined t6 be outside the'500-year floodplain. The portion of the properly currently zoned ,ML and MG lies at the top of the -sea cliff, which is about 60 to 80 feet high in this area. The sea cliff will gradually erode and migrate inland. In some similar areas, such as Alae 'Pt. and Honoli'1 Pali, a ,few homes built in the last 40-50 years are- now in danger of falling into the sea. There was a major episode of cliff collapse at Waipunalei several years ago that resulted in the loss of some structures. The Planning Director has tried to get advice on a general setback that can be considered safe for homes to be built on'the top of the sea cliff, but the response has been, that each site would have to be evaluated by a professional geophysicist. The standard under current law for these homes would be 40 feet from the shoreline, which is currently set at the top of the sea cliff. The Planning Director will recommend that no dwelling be constructed closer than 40 feet from the top of the sea cliff as a condition of the SMA permit. All development generated storm run-off shall be_ disposed of on-site and not allowed onto adjacent properties or roadways. Any further -improvements to the -property must comply I with Chapter 27 of the County Code relating to Flood Hazard Control: According to the applicant, although the Hilo Coast Power Plant is located within the area, the plant is not a large sources of pollutant and would not contribute to air pollution within the vicinity of -4- theproject.area. The large size of th&parcels to be created will mitigate any possible visual or noise impacts within the area. The proposed limited industrial zoned lot will be located a significant distance from the urban/residential area and will,be surrounded by r agricultural lots ranging in' size from 10 to 20 acres. According to ,the applicant, the large size of the surroundin g parcels is adequate to mitigate any. possible visual or noise .impacts within the area. The proposed subdivision is not anticipated to change the visual attributes of the existing coastline from the Hawaii Belt Road. Theproperties are not listed as a distinctive ,and identifiable landmark as identified, in' the General Plan. The prof ect-'area is absent of .any. acti-ve. agricultural activity. According to the applicant, there are no rare; threatened or endangered species in the -immediate area.. The overall impact on .the existing flora:is, expected to be negligible since the plants are alien and introduced species. The applicant has also _stated that there ,are -- ..rare or eridangered'spec es of fauna present in the area, as,it is not within the critical habitat for,protected species. The properties are not among those listed as historic properties , in the- Hawaii State, Register: of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places; and isnot profiled as a significant cultural and/or historic site in the General Plan: On April 23, 2003, Paul H. Rosendahl, Ph.D., Inc. requested a "no effect" determination from the State Department of Land and Natural Resources -Hist onc Preservation Division for the subject properties. By memo dated September 9, 2003, the State Department of Land and Natural Resources Historic Preservation Division indicated that they believe "there -are no historic pr-operties•present because intensive cultivation has altered the land, and an acceptable archaeological assessment or inventory survey found no historic properties. Thus, no historic properties will be affected by this undertaking." Except for fishing along the shoreline, no valued cultural, historical or natural resources exist on.the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. By a previous agreement with the County, there is a vehicular public access and lateral shoreline pedestrian public access. The Planning -Director does not recommend a few conditions requested by public agencies. These requests may result from a misunderstanding of the rezoning, which is a 511 • reduction of the present zoning. Specifically, the State Department of Transportation requested'a Trak Impact Analysis Report (TIAR). Because the rezoning should not increase traffic at the intersection of the Pepeekeo Mill Rd and the Hawaii Belt Road compared to the present zoning, the Planning Director is not requesting a TIAR. The State Department of Education (DOE) requested a school impact fee which the DOE requests whenever a rezoning: may create fifty or -more residential lots: The present rezoning. should result,m' only three residential lots...For the same reason, the Planning Director did not recommend a "fair share" assessment for this rezoning. - Based on the above findings, approval of this .change of zone request from, Limited Industrial (N[U. 20),Village: Commercial (CV -10) and'General Industrial -(MG -5) to the Single -Family Residential (RS=20) zoned district, and Agricultural (A-2Oa).to the Limited Industrial (ML -20) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanyTgAra� bill- to amend Section 25-8-35 (Pepeekeo ZoneMap), Article 8 Chapter 25 (Zoning Code) of the Hawaii County "Code; is provided .for your favorable consideration. {Please note the proposed conditions of approval attached to the draft bill. MOS (PLANNING DEPARTMENT) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-35 (PEPEEKEO ZONE MAP),_ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE _HAWAI`I :COUNTY CODE,,,BY CHANGING THE DISTRICT CLASSIFICATION FROM, VILLAGE COMMERCIAL (CV -10), LIMITED INDUSTRIAL (ML720),. AND GENERAL INDUSTRIAL (MG-5a),TO SINGLE FAMILY RESIDENTIAL (R$=20) AND FROM AGRICULTURAL (A 20a) TO LIMITED INDUSTRIAL (M- L=20) AT MAKAHANALOA; SOUTH HILO HAWAII, COVERED BY TAX MAP KEY'2-8-7:PORTION 1 & 53. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF_HAWAI`.I 1 SECTION 1: Section 25-&35Article 8, Chapter 25 (Zoning, Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following areas situated at Makahanaloa, South, Hilo, Hawai,`i, shall be Single Family Residential (RS -20): Parcel "A" . p nates of said point Beginningat the .North corner of this parcel of land the coordinates of beginning referred to Government Survey Triangulation. Station "ALALA" being 4,024.79 feet North and 8,838.18 feet East and thence running_ by azimuths measured clockwise from true South: 1. 3330 00' 317.00 feet; 2. 980 00' 312.00 feet; 3. 1880 00' 121.30 feet; 4. 1530 00' 38.68 feet; 5. 2430 00' 186.00 feet to the point of beginning and containing an area of 1.194 Acre. Parcel "B" Beginning at the South corner of this parcel of land, being also along the North side of Easement R-2 of the Pepeekeo Point Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,614.49 feet North and 8,483.19 feet East and thence running by azimuths measured clockwise from true South: 1. 870 57' 30" - � 56.00 feet along the North side of 2. 1750 56' 63.00 3. 1650 42' 78.00 4. 9:80 00' 26.00 5. 1880 00' 72.00 6. 2780 00' 354.00 7. 99 00' 200.00 8. 990 00' 226.63 Parcel "C" Easement R -2 -of the Pepeekeo Point Subdivision, being a portion of R.P. 7192, L.C. Aw.. 8559-B, Ap. 17 & 18 to Wm. Lunalilo; feet; feet; feet; feet; feet; feet; feet to- the point of beginning and containing an area of 1.462 Acre. Beginning at the North corner of this parcel of land, being also along the North side of Easement R-2 of the Pepeekeo Point Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,614.49 feet North and 8,483.19 feet East and thence running by azimuths measured clockwise from true South: 1. 2790 00' 569.78 feet to the top of pall; -2- -3- Thence following along the top of pall as surveyed on October 22, 2002, for the next five (5) courses, the direct azimuths and distances between points along top of said pall being:. 2. , 410 44' 118.00 feet; 3. 700 10' 146.00 feet; 4. 1-310 56' 239.00 feet; .: 5. 300. 01' 164.00 feet; 6. 3379 21' 3.0" 13.53 feet;, Thence following along the highwater mark as shown on map = prepared by M&E Pacific, Inc., for the next two (2) courses, the 'direct azimuths- and distances between points -along said highwater mark being: " 7. 320 44' 225.30 feet;- 8. 90 03' - 19" 215.75 feet; 9. 1090 37' 19" 460.00 feet; 10. 1970 24' 21" 415.15 feet; 11. Thence along the South. side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, on a curve to the right with a radius of 19,142.00 feet, the chord azimuth and distance being: 2670 51' 02" 72.02 feet; -3- 12. 267 57' 30" 130.00 feet along the South side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R.P. 71.925 L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo,; 13. 1770 57' 30" 60.00 feet; 14. 267 57' 30" 173.00 feet along the North side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R.P. 7192, L.C., AW. 8559-B, Ap. 17 & 1 -8 -- to Wm. Lunalilo to the point of beginning and containing an area of 6.64 Acres; more or less. The district classification of the following area situated at Makahanaloa; South Hilo, Hawaii, shall be Limited Industrial (ML -2o): Parcel "D Beginning at the Southeast comer of this parcel of land, being also along the North side of Easement R-2 of the Pepeekeo Point Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 3,238.61 feet North and 6,390,35 feet East and thence running by azimuths measured, clockwise from true'South: 1. 830 41' 66.68 feet along the North side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm._ Lunalilo; 2. Thence along the North side of Easement R-2 of the Pepeekeo Point Subdivision, being a portion of R. P. 7192, L. C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, on a curve to the left with a radius of 3,405.00 feet, the chord azimuth and distance being: 820 1 24' 30" 151.53 feet; 0 } 3. 1590 34' 584.34 feet along Lot 83 of the Pepeekeo Point Subdivision,being portions of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 1158 to J. Pelham, and R.P. 8164, L.C. Aw. 5663 to Kahonu; 4. 233 0 00' 185.25 feet along Lot 83 of the Pepeekeo Point Subdivision, being portions of R.P. 71921 L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 1158 to I Pelham, and. R.P. 8164, L. C. . Aw. 5663 to Kahonu; 5. , 2280 00' 67.09 feet along Lot, 81 of the Pepeekeo Point Subdivision, being portions of R.P.7192, L.C. Aw: 855;9=B; Ap., 17 & 18 to Wm. Lunalilo, Grant 1158 to I Pelham, and R.P. 8164,,L.C. Aw. 5663 to Kahonu; 6. 341° 47' 712.30 feet_ along Lot 83 of the Pepeekeo Point Subdivision, being portions of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. Lunalilo, Grant 1158 to J. Pelham, and R.P. 8164, L.C. Aw. 5663 to Kahonu to the point of beginning and containing an area of 3.344 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2, In accordance with Section 25-2-442 Hawaii County Code, the County Council finds the following conditions are: 1 Necessary to prevent circumstances which may O ry be adverse to the u p y 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 -5- the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use.. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the, other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL 1VIEMBER, COUNTY OF HAWAII -,'Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd. Reading: Effective Date: w 0 CContP4cificREZcy.doc-9/1$/03 CONTINENTAL PACIFIC, LLC CHANGE OF ZONE' APPLICATION (REZ 03-014) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B.. The- required water commitment payment shall be submitted to the Department of -Water Supply in accordance with its "Water Commitment Guidelines Policy within ninety (90) days from the effective date of this ordinance. Comply with all requirements of the Department of Water Supply regarding potable water: C. Final Subdivision Approval of the proposed subdivision within -the proposed single- family residential zoned area shall be secured- from the Planning Director within five (5) years from the effective -date of this ordinance: Di The project, including the provision of public accesses to and along the shoreline; limitation on the number of dwellings in the RS zone -,and furnishing of water to the lots,. shall be completed in substantial compliancewith the Settlement Agreement dated April 12, 2002. E. Final Plan Approval for the Industrial -zoned lands shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structure(s), fire protection measures, access roadway; driveway and parking stalls. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). F. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. G. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. H. All dwellings shall be served by an approved- septic tank/leach field- system. I. The applicant shall comply with all applicable laws, rules and regulations and requirements of affected agencies for the development of the industrial zoned area. J. 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 theapplicant, successors or assigns, and, that are not the -result of their fault or negligence l. 20, 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. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. -2-