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HomeMy WebLinkAboutCOM 0690.000 2004-2006 rr~F'.?TYf}'.v...m.;nir.'Tr.'r%{+J.':: r/.vJ1,,+.~~YJr,I f. { rlv ~~,tv its aq~t f ; Harry Kim ~ brr Dixie Kaetsu Ma}ror ' Managing Director • a~ '~~.,.a;;,, ~,;•P~. Barbara Kossow rg of".rP'B° Deputy Managing Director C®l~I~t~ O~ il~W~ll 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961b553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329 5226 • Fax (808) 326 5663 February 6,-2006 Honorable Stacy Higa, Chairman and: Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hl 96720 Dear Chairman Higa and Members: ate Land Use Boundary Amendment Application (SLU OS-004) Request:. Agricultural to Uban. Change of Zone Application (REZ OS-013) Request: A-Sato R~~1-2.5 Applicant: Lava Ku~kini, LLC Tax Map Key, 7-5-17:pors 2 & 5 change of Zone Application (REZ OS-021) Applicant: John Totah Request: A-20a to A-10a Tax Map -Key: 7-3-26:13 change of Zone Application (REZ OS-000024) Applicant:. Scott- riesling Request: A-20a to A-Sa Tax Map Key: 7-3-25_:.9 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, Harry Kim ~ Mayor ~®r~~t3. ~~o. Ref. To: Enclosures R~~. cc: Planning Department Hawaii County is an Equal Opportunity Provider and Employer ~Y w ~ p •1 L• J• •ti'or'dii~ County of Hawaii PLANNING COMMISSION Aupuni Center • I OI Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Pax (808) 961-8742 February 3, 2006 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: State Land Use Boundary Amendment Application (SLU OS-004) Request: Agricultural to Urban Change of Zone Application (REZ OS-013) Request: A-Sato RM-2.5 Applicant: Lava Kuakini, LLC Tax Map Key: 7-5-17:pors 2 & 5 The Planning Commission, after a duly held public hearing on January 2Q 2006, voted to recommend for your approval the proposed legislative bills for a State Land Use boundary amendment from the Agricultural to the Urban District and a change of zone changing the district classification from an Agricultural 5-acre (A-Sa) to a Multiple Family Residential - 2,500 square foot (RM-2.5) district for ] 4 acres of land. The property is located along the northeast side of Kuakini Highway, adjacent to and south of the Kona Hillcrest Subdivision, Kahului 1st, North Kona, 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 the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is requesting a redesignation of the subject property from Agricultural to Urban to enable the development of a 212-unit housing project, which will Hawaii County is an Equal Opportunity Provider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 help address the housing needs of the community. According to the Hawaii Land Use Commission Rules, one of the standards for considering an area for urban reclassification is 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 subject property conforms to this standard, as it is directly contiguous with existing urban areas to the north, west and south, which are zoned for single-family and multiple-family residential uses. These urban lands include the Kona Hillcrest Subdivision to the north, the Pualani Estates Subdivision to the southeast and the Kahakai Estates Subdivision to the south and several condominiums located across Kuakini Highway to the west. The applicant will help address the growing housing needs for the region and will provide the community with further affordable housing that will take advantage of the site's positive physical and regional attributes. By targeting the project area for affordable housing, the applicant will meet the urban expansion needs in a manner that is in agreement with the long-range community plans as expressed in the County General Plan. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. b. The orderly development of residential areas sensitive to community needs and other land uses. c. Effectively accommodate the housing needs of Hawaii's people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size ofhousing. e. Promote design and location ofhousing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The request would be consistent with the above listed goals, objectives and/or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's people to purchase an affordable home in an area where housing has become scarce and costly. Stacy Higa, Chairman and Members of the County Council Page 3 The reclassification action would conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. The Urban District request would be consistent with the goals and polices of the Land Use and Housing Elements of the Hawaii County General Plan by creating a mix of residential housing opportunities and maintain a housing supply that allows a variety of choices for residents of the North Kona district. The request will also provide needed affordable housing for the North Kona district. 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 also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion and Medium Density Urban. The Urban Expansion Area designation allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Medium Density Urban designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family --up to 35 units per acre). The proposed request is to develop a 212-unit housing project, which will help address the housing needs of the community. The applicant is proposing that a minimum of 50% of the unit will be allocated as affordable housing. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. The subject property is located on Kuakini Highway within close proximity to several residential neighborhoods. Therefore, the lands could be characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties consist of a variety of residential neighborhoods and some vacant lands. To the north is the Kona Hillcrest Subdivision, a 101-lot residential subdivision is situated to the north of the project site on lands zoned RS-7.5. The recently approved Suffolk Investment, LLC and Puaa Development, LLC projects are located to the southeast. Suffolk Investment, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Multiple Family Residential (RM-2.5) to allow the development of a 250-unit market rental housing project. Puaa Development, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Neighborhood Commercial (CN-20) to develop a neighborhood commercial shopping center. South of the project area, across Kuakini Highway, is the Kona Sea Villas Condominiums on land zoned RM-7. Further south is Kahakai Estates, Stacy Higa, Chairman and Members of the County Council Page 4 a 101-lot residential subdivision on lands zoned RS-10. West of the project area, across Kuakini Highway, are lands zoned RM-7 and RM-4 consisting of condominium projects such as Kona Hawaiian Village and Kona Sea Ridge. 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 project site is located approximately two miles from the Kailua Village core and from the commercial centers along Henry Street, all of which offer a concentration of retail and employment opportunities. The police, fire and emergency medical services are also located in Kailua Village, approximately two miles from the subject property. The principal access to the proposed development would be from Kuakini Highway, which is a State owned, County maintained roadway with a 22-foot wide pavement within an approximate 80-foot right-of--way onto the proposed Alii Parkway right-of way. County water, as well as all other utilities are available to the subject property. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments in close proximity to centers of trading and employment, existing developments and to existing services and facilities. The project area includes lands with no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The project site is located within Zone X, an area outside the 500-year flood plain, with a small portion of the southern side of the property located within the AE Zone and the Waiaha Drainageway. Conditions of approval within the accompanying Change of Zone application will be added to address drainage issues on the property. The project area is located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Based on the above findings, the approval of the State Land Use Boundary Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. Chance of Zone The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a Multiple Family Residential-2,500 square foot (RM-2.5) district for 14 acres of land. The applicant is proposing to develop a 212-unit housing project, of which a minimum of Stacy Higa, Chairman and Members of the County Council Page 5 50% will be allocated for affordable housing pursuant to Chapter 11 (Housing) of the Hawaii County Code. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural-5 acres (A-Sa) to a Multiple Family Residential-2,500 square feet (RM-2.5) zoned district will conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. LAND USE -GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The request will conform to the Land Use Element of the General Plan, as it will be compatible with adjacent urban types of uses, such as the Kona Hillcrest, Pualani Estates, and the Kahakai Estates Subdivisions. This request will conform to the projected need of urban growth for this area. Stacy Higa, Chairman and Members of the County Council Page 6 A favorable recommendation of this request will also conform to the following goals and policies of the Land Use-Multiple Family Residential and Housing Elements of the General Plan: LAND USE -MULTIPLE FAMILY RESIDENTIAL • To provide for multiple residential developments that maximize convenience for its occupants. • To provide for suitable living environments that accommodate the physical, social and economic needs of the island residents. • Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, and recreational and cultural faciliries, and public facilities and utilities. • Encourage flexibility in the design of residential sites, buildings and related facilities to achieve adiversity ofsocio-economic housing mix and innovative means of meeting the market requirements. • Development shall be located in areas where public utilities can be economically provided at a level adequate to meet the demand for the concentrated service. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain adiversity ofsocio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Create viable communities with affordable housing and suitable living environments. Stacy Higa, Chairman and Members of the County Council Page 7 • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. Multiple-family residential living is a way of life for many people. This type of housing tends to be less expensive than single-family. Multiple residential developments use less land area per person and can be located in areas of concentrated economic and population activity where land is scarce and costly. The request will conform to the Multiple Family Residential and Housing Elements of the General Plan, as it will create a mix of residential housing opportunities and maintain a housing supply that allows a variety of choices for residents of the North Kona district. The applicant is proposing to develop a 212-unit housing project, of which a minimum of 50% will be allocated as affordable housing. It will be located close to the Kona Hillcrest and Kahakai Estates Subdivisions, which are made up of single family residential uses. The property will also be located conveniently to public services such as police, fire, public schools and employment centers located near and in Kailua-Kona. To further compliment the policies and standards of the Multiple Family Residential and Housing Elements of the General Plan, a condition of this favorable recommendation will require the applicant to comply with the Affordable Housing Policy of the Hawaii County Code. The Affordable Housing policy requires the developer to earn affordable housing credits equal to 20% of the total number of units. There is a sliding scale for credits: a unit affordable to families with an income of 140% of the median earns 0.5 credit per unit, while a unit affordable the 120% of median earns 1.0 credit. Less expensive units can earn more credits, up to 2.0 credits per unit. 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 requested zone change from an Agricultural (A-Sa) to a Multiple Family Residential (RM-2.5) zoned district conforms to the LUPAG Map, which designates the property as Urban Expansion Area and Medium Density Urban. The Urban Expansion Area designation allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Medium Density Urban Stacy Higa, Chairman and Members of the County Council Page 8 designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family --up to 35 units per acre). The proposed request is to develop a 212-unit housing project, which will help address the housing needs of the community. This change of zone will facilitate the development of a framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. The County Planning Department is supporting the development of housing that is affordable to working families in Kailua-Kona, which is a major employment center. This should reduce the need for workers to commute long distances. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. The requested change of zone is also generally consistent with regional and community planning documents that prescribe the County's land use policies for this portion of North Kona. The Kona Regional Plan adopted as Planning Commission Resolution No. 1-84 in April 1984, recommends the area for residential units at a density of 8 units per acre. The applicant's request will provide for a residential density of roughly 17 units per acre. While the requested change of zone will provide for a unit density that is greater than the density recommended by the Kona Regional Plan, it still compliments its fundamental goal of providing residential units within this section of North Kona. The Kona Regional Plan is also somewhat obsolete. The requested change of zone will not create a significant adverse impact upon the natural resources of the area. While the project site is situated within the County's Agricultural-Sa (A-Sa) zoned district, it is not currently being used for active agricultural purposes. The property is unclassified by the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The project site is currently vacant and was graded in the past. Therefore, the rezoning of this 14-acre area from an A-Sa to a RM-2.5 zoning designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in other locations within the North Kona area designated for urban types of uses. Stacy Higa, Chairman and Members of the County Council Page 9 There are no significant adverse impacts that maybe generated by rezoning of the project site to a RM-2.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within this favorable recommendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. Access to the property will be from Kuakini Highway, which is a State owned, County maintained roadway with a 22-foot wide pavement within an approximate 80-foot right-of--way and from the proposed Kahului to Keauhou Parkway right-of way. The roadway access is a difficult issue for this project. Eventually, the Kahului to Keauhou Parkway (also known as the Alii Parkway) is supposed to be built along the northern boundary of the site. The right-of--way is 100 feet wide. Of this, 50 Feet is within the applicant's property, and 50 feet is within the parcel to the north. The right-of--way has been planned and the roadway has been designed, but the right-of--way has not been acquired. This portion of the Kahului to Keauhou Parkway is considered the 2nd phase and has not been funded. The first phase from Keauhou to the proposed Lako Street extension, which had been funded, is stalled over the issue of a burial in the right- of-way at the Keauhou end, and funding has been pushed back to 2008. Nevertheless, planning for this area must incorporate the eventual construction of the Parkway. This raised two main issues: the long-term ingress and egress to the project once the Parkway is built, and the potential effects of the Parkway on the residential project once the project is built, especially noise impacts. Initially, the applicant proposed to have access over a 30-foot wide driveway constructed on the planned right-of--way of the Parkway, creating an intersection with Kuakini. After the Parkway is built, however, this would have to be connected to an intersection with the Parkway because the driveway could not terminate at the main Kuakini - Alii Parkway intersection. Left-turn movements in and out of the project to the Parkway would be undesirable because they tend to create delays in traffic. Converting the access to a right-in, right-out only solves that problem, but creates a very roundabout traffic pattern if residents want to go to Kailua-Kona from the project (they must go up to Queen Kaahumanu). After discussions with the Planning Department and DPW, the applicant submitted a revised site plan (Exhibit M). This has a secondary access on Kuakini, about 400 feet south of the Kuakini - Alii Parkway intersection. This would be aright-in, right- out only. It would also make it easier to coordinate access to the project site during construction of the Parkway because construction might interfere with the other access. The revised site plan also includes a potential alternate access to the mauka end of the property, near Iliana Street in the Hillcrest Subdivision. This could serve as the main project access in the future, replacing the access closer to Kuakini. This maybe desirable if the future planning for the Parkway incorporates an intersection with Iliana Street, or to Stacy Higa, Chairman and Members of the County Council Page 10 provide access if the parcel immediately mauka of the subject property is developed someday. Conditions of approval will require this property to provide easements on project roads in favor of the mauka parcel so that if this property is developed it can use the same access to Alii Parkway and to Kuakini Highway. The Alii Parkway will create a high traffic roadway near the northern boundary of the subject property. This will create more noise, among other impacts. The potential for noise impacts from the Alii Parkway was discussed in the 1988 Enviromnental Impact Statement for the highway project, and the 1996 revision of the EIS. The Federal Highways Administration (FHWA) uses a "Leq" standard for noise impacts. The "Leq" standard combines the projected noise level with the time of exposure. The FHWA sets an Leq of 67 dBA as the maximum recommended noise level (outdoors) in a residential area. In the Hillcrest area, where the closest residence is about 150' from the highway, the 1996 EIS projected that in 2020, the Leq at 150 Feet from the highway would be about 61 dBA. It projected that a 23 feet separation from the highway to any residences would be sufficient to meet the 67 dBA standard in this general area. The acceptable distance is closer in this area than some other portions of Alii Parkway because the operating speed is supposed to be only 25 mph. The projection in the 1996 EIS was based on a four-lane highway carrying 38,000 vehicles per day. This is a very high volume of traffic. By comparison, the Queen Kaahumanu Highway, between the Nani Kailua and Hualalai Rd. intersections, had a traffic count of about 23,500 vehicles per day in 2002. Because the current plans for Alii Parkway call for atwo-lane road, which would not carry as many vehicles, it is reasonable that the noise levels at the proposed residential project can be expected to be below the 67 dBA Leq standard. Most of the proposed project is more than 80 feet from the Alii Parkway right-of--way, but four of the proposed fourplex buildings are about 40 feet from the right-of--way. It is also possible that mitigation may be necessary when noise levels significantly increase because of a new highway, even if noise does not reach the 67 dBA Leq standard. This is difficult to predict because it depends upon other ambient noise levels, and the federal government does not have a mandatory definition of what level of increase is considered significant. A condition of rezoning will require the project to be responsible for any noise mitigation required because of the construction of the Alii Parkway. Stacy Higa, Chairman and Members of the County Council Page 11 The project site is located within Zone X, an area outside the 500-year flood plain, with a small portion of the southern side of the property located within the AE Zone and the Waiaha Drainageway. Conditions of approval will be added to address the drainage concerns stated within comments from the Department of Public Works. Water is available for the development, but is limited to 50 units per existing lot of record. The Department of Water Supply is currently working on several capital improvement projects to increase the capacity of their existing water system. In support of affordable housing developments, the Department of Water Supply will make every effort to support the proposed development, but state there is no time schedule set for completion of these capital improvement projects and are not able to make a commitment at this time for the remaining units for the proposed development. The applicant proposes to connect to the County sewer system that runs along Kuakini Highway. The applicant will be required to perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows. As is typical of similar types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepare and secure approval of a Solid Waste Management Plan prior to the issuance of Final Plan Approval for the proposed multiple family residential development. Electricity and telephone services are available to the site. The Kealakehe Police Station is located less than 3 miles north of the project site. There are three fire stations within 5 miles from the site including Kailua-Kona, Kealakehe, and Puuola. The Kona Hospital is located in Kealakekua. The proposed request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately 1800 feet from the shoreline and will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact recreational resources in the azea. Therefore, no action is necessary to protect these rights. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions, the issue relative to native Hawaiian gathering and Stacy Higa, Chairman and Members of the County Council Page 12 fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: As the site was formerly graded, an archaeological inventory survey of the site was not conducted. By letter dated June 21, 2005, the applicant has requested a `ho effect" letter from the State Historic Preservation Division. There has been no response to the request as of this writing. Possible adverse effect or imnairment of valued resources: The applicant has stated that there is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the property or being practiced in the area. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the proposed project. Feasible actions to protect native Hawaiian rights: A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated azchaeological features or sites are discovered during the course of improving the site. Based on the above findings, approval of this change of zone request from Agricultural (A-Sa) to Multiple Family Residential-2,500 squaze feet (RM-2.5) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to the State Land Use Boundaries Map and Section 25-8-3 (North Kona Zone Map), of the County Zoning Code are transmitted. Stacy Higa, Chairman and Members of the County Council Page 13 We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, C. Kim eda, Chairman Planning Commission Llavakuakinislu05-004rez05-013PC2 Enclosures cc: Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BLavaKuakini SLUREZjwd-11 /29/05 COUNTY OF i~IA~VAII PLANNING DEPARTMENT ~ACI~GROUND REPORT LAVA KUAKINI, LLC STATE LAND USE BOUNDARY AIVIENDIVIENT APPLICATION (SLU OS-004) CIiANGE OF ZONE APPLICATION (REZ 005-013) LAVA KUAKINI, LLC has submitted applications for a State Land Use boundary amendment for 14 acres from the Agricultural to the Urban District and a Change of Zone for 14 ' acres from an Agricultural 5-acre (A-Sa) to a Multiple Family Residential - 2,500 square foot (RM-2.5) district. The property is located along the northeast side of Kuakini Highway, adjacent to and south of the Kona Hillcrest Subdivision, Kahului ls`, North Kona, Hawaii, TMK: 7-5-17: portions of 2 and 5. PR®POSED DEVEL®PiV~1o1T 1. Request: ~ The applicant is requesting the following: • State Land Use Boundary Amendment from the Agricultural to Urban District for 14 acres of land; and • Change of Zone from anAgricultural-5 acre (A-Sa) to a Multiple Family Residential-2,500 square foot (RM-2.5) district for 14 acres of land. 2. Pr®ject Descripti®aa: The applicant is proposing to develop a 212-unit housing project, of which a minimum of 50% will be allocated for affordable housing pursuant to Chapter 11 (Housing) of the Hawaii County Code. The proposed project would include: • 14 acres of land, of which 10.5 acres will be usable. • 212 units within fifty-one (51) structures. • 334 parking spaces, which includes 7 ADA parking spaces and 1 ADA van parking space. The applicant estimates the cost of the proposed improvements to be approximately $4,500,000.00. The cost would include on-site and off-site infrastructure improvements, including site preparation, sewer, water, drainage, power and communication utility improvements. Accesses to the property will be from Kuakini Highway and from the proposed Kahului to Keauhou Parkway right-of way. All accesses to and from the property will be a right-in, right-out traffic pattern after construction of the Parkway. ATTACH: Comm. 690 Bills ^ & ~="~-°T Until construction of the Pazkway, access will be from two points on Kuakini. One will be at the future intersection of Kuakini Highway and the Parkway, and will be a full movement intersection. The other will be a right in, right-out about 400 feet south of the intersection. 3. Landowner's Authorization: The landowner, Stanley T. Tomono Trust, has authorized the applicant, Lava Kuakini, LLC, to apply for the above listed requests. 4. Supportive Information: The applicant has submitted the following in support of the requests. (See Exhibit A -State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 5. SLUC: Urban 6. County Zoning: Agricultural-5 acres (A-Sa). 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban, which may allow village and neighborhood commercial and single family and multiple family residential and related functions (multiple family --up to 35 units per acre) and Urban Expansion Area, which may allow a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 8. Kona Regional Plan: The Kona Regional Plan adopted as Planning Commission Resolution No. 1-84 in April 1984, designates the area as Residential-8 units/acre (RES 8). 9. 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. -2- 10. Special Management Area: The property is located approximately 1,800 feet from the shoreline and is not situated within the Special Management Area (SMA). The SMA is a pazt of the Coastal Zone Management Program regulated by the County. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The property is currently vacant of uses and structures. A portion of the southern side of the property is within the AE Zone and the Waiaha Drainageway. 12. Subdivision No. 2004-0153: Consolidation of Lots 1, 2 & 3 and resubdivision into Lots 1-A, 2-A & 3-A, included TMKs 7-5-017: 002, 005 and 038. The subject property is identified as Lot 3-A in this recently approved consolidation/resubdivision for Stanley T. Tomono Trust. (See Exhibit B -Final Subdivision Approval Letter dated August 1, 2005 and Copy of Final Plat Map) 13. Surrounding Zoning/Land Uses: Kona Hillcrest Subdivision, a 101-lot residential subdivision is situated to the north of the project site on lands zoned RS-7.5. Immediately to the east and southeast is a 70-acre parcel (identified as Lot 1-A in Subdivision 2004-0153) owned by Stanley T. Tomono Trust that borders Queen Kaahumanu Highway to the east. The recently approved Suffolk Investment, LLC and Puaa Development, LLC projects aze located to the southeast. Suffolk Investment, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Multiple Family Residential (RM-2.5) to allow the development of a 250-unit market rental housing project. This was approved by Ordinance Nos. OS 112 and OS-113. Puaa Development, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Neighborhood Commercial (CN-20) to develop a neighborhood commercial shopping center. A condition was added requiring the applicant to construct at least 50 residential units with an additiona150 units to be constructed if all the commercial uses exceed 60,000 square feet of gross floor area. This was approved by Ordinance Nos. OS 114 and OS-115. South of the project area, across Kuakini Highway, is the Kona Sea Villas Condominiums on land zoned RM-7. Further south is Kahakai Estates, a 101-lot residential subdivision on lands zoned RS-10. West of the project area, -3- across Kuakini Highway, are ]ands zoned RM-7 and RM-4 consisting of condominium projects such as Kona Hawaiian Village and Kona Sea Ridge. 14, FIRM/Drainage: The project site is located within Zone X, an azea outside the 500-year flood plain, with a small portion of the southern side of the property located within the AE Zone and the Waiaha Drainageway. According to the Department of Public Works, the Waiaha Drainageway has an approximate base flood dischazge of 7,110 cubic feet per second. The drainageway is relatively undefined and the existing AE flood zone boundary is of questionable accuracy. DPW recommends the following regarding drainage: • Not to use the drainageway for any active use as a park as it is subject to high velocity flash flooding. • The applicant shall submit a flood study for the Waiaha Drainageway within the subject property. • If required, the applicant shall submit the flood study to FEMA and obtain a Letter of Map Change (LOMC). • Upon request, a portion of the subject parcel, as determined by the Department of Public Works, shall be encumbered with a drainage and access easement for the culvert project and culvert maintenance access. 15. ALISH System: Unclassified. 16. USDA Soil Conservation Services Soil Survey: Punaluu extremely rocky peat (rPYD): This consists of well-drained thin organic soils over pahoehoe lava bedrock. The surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazazd is slight. 17. Land Study Bureau: "E" or "Very Poor". 18. Flora Resources: A formal flora survey of the property was not conducted by the applicant. The applicant has noted that the property is almost entirely covered with Kiawe, koa haole, monkeypod trees and a dense growth of grasses and lantana. According to the applicant, there are no known rare or endangered plant life or animal species on the property. The plants found on site are generally alien and introduced -4- species, with an absence of plant species classified as rare, endangered, or threatened. The property was previously used for cattle grazing and was later graded. 19. Fauna Resources: A formal faunal study of the property was not conducted by the applicant. The applicant makes reference to previous studies conducted in the "Project vicinity" that have observed no resident endemic or indigenous bird species. These previous studies observed Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch as the typical species found in the azea. Mammals common to the azea were the mongoose and feral cats and dogs. None of these species were cited as endangered. 20. Archaeological Resources: According to the applicant, there are no historical sites on the property that are listed on the Federal and/or State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element. The applicant has requested for a "no effect" letter from DLNR-SHPD based on previous grading and grubbing permits that were approved by DLNR-SHPD for TMK: 7-5-17:2 & 5. 21. Visual Impacts: In the General Plan, the Natural Beauty element lists the viewplane from Queen Kaahumanu Highway going mauka and makai (various areas) as a vista of scenic beauty to be considered in relationship to the impact of the proposed development. The project site is located between the shoreline and approximately 900 feet makai of the extension of Queen Kaahumanu Highway. The maximum height allowed under the proposed zoning is 45 feet. 22. Traffic: The applicant has not prepared a Traffic Impact Analysis Report (TIAR) to address traffic impacts possibly generated by the proposed development. Within the application under the Air Quality heading, it states that the project would increase traffic in the area very slightly. Under the Vehicular Circulation/Traffic heading, the application states that short-term negative impacts may occur during the construction of the Project roads and infrastructure. Construction vehicles will slow area traffic while on public roadways. There are several road improvement projects planned that may bring relief in this area. The Department of Public Works has entered into a contract to prepare necessary environmental documents for the extension of the Kuakini Highway improvements from Hualalai Road to the Kahului to Keauhou Parkway. This would -5- extend the Kuakini 4-lane widening to a point on the northern boundary of the subject property. There is a long-term project proposed by the State Department of Transportation to widen Kuakini Highway from Henry Street to Kam III Road from two lanes to four lanes. According to information received from the State Department of Transportation, the projected completion date is scheduled for 2011. It should be noted that the project has not received funding and cannot be assured that it will meet this completion date. The other project is the Alii Parkway, in which construction is proposed in two phases, with the approximate 2 ~/z-mile south section of the road (from Lako Street extension to Keauhou) to be constructed first. The Alii Parkway (a.k.a. Kahului-Keauhou Parkway) is a proposed 4.5-mile, 2-lane road, with bike and pedestrian paths, between Alii Drive and Kuakini Highway from the vicinity of Hualalai Road (north) to Keauhou (south.). This project is on hold it can obtain approval for the treatment of identified burial sites in Phase I. The funding for Phase II has been pushed back unti12008. Phase II does not have construction funding. The right-of-way for Alii Parkway includes the northern boundary of this parcel. • Comments regarding traffic has been received from the Department of Public Works, the Police Department, the State Department of Transportation and the Kona Traffic Safety Committee. Please refer to the exhibits for more information. PUBLIC UTILITIES AND SERVICES 23. Access: Accesses to the property will be from Kuakini Highway, which is a County owned, County maintained roadway with a 22-foot wide pavement within an approximate 80-foot right-of--way, and from the proposed Kahului to Keauhou Parkway right-of way. The applicant's proposed roadway improvements within the Kahului to Keauhou Parkway right-of--way will consist of approximately 30 feet of pavement and shoulder improvements. 24. Water: The applicant proposes to connect to the County's North Kona Water System. According to the Department of Water Supply, based on the prevailing water availability conditions, which are subject to change without notice, a maximum of 50 units of water are available to each existing lot of record. The Department of Water Supply is currently -6- working on several capital improvement projects to increase the capacity of their existing water system. In support of affordable housing developments, the Department of Water Supply states that it will make every effort to support the proposed development. They state there is no time schedule set for completion of these capital improvement projects and are not able to make a commitment at this time for the remaining units for the proposed development. 25. Wastewater: The applicant proposes to tie into the County sewerage system along Kuakini Highway fronting the subject property. The Department of Environmental Management-Technical Services Division commented that no County sewer is planned for this area. The applicant responded in a letter dated September 12, 2005 stating that the County sewer line was recently constructed within Kuakini Highway fronting the subject property. The applicant attached a copy of an "as-built" map showing the sewer line running along Kuakini Highway fronting the subject property (refer to Exhibit L). The Department of Environmental Management subsequently confirmed that there was a sewer line but requested that the applicant verify capacity in the line. The line ends at the County's Kealakehe Wastewater Treatment Plant, which has adequate capacity. Additionally, the Department of Health commented in it's August 25, 2005 letter that the subject project is located within or near proximity to the County sewer system (refer to Exhibit J). 26. Solid Waste: The applicant intends to utilize commercial haulers to dispose of refuse generated by the proposed development at the county landfill at Puuanahulu. The Department of Environmental Management -Solid Waste Division commented that the applicant needs to submit a solid waste management plan. 27. Essential Utilities and Services: Electricity, telephone and cable services can be made available to the site. The Kealakehe Police Station is located less than 3 miles north of the project site. There are three fire stations within 5 miles from the site including Kailua-Kona, Kealakehe, and Puuola. The Kona Hospital is located in Kealakekua. AGENCIES' COMMENTS 28. Department of Public Works: (See Exhibit C -September 26, 2005 Memo and November 28, 2005 Revised Memo) -7- 29. Department of Water Supply: (See Exhibit D -September 15, 2005 Memo) 30. Department of Environmental Management: (See Exhibit E -August 5, 2005 Memo and attached guidelines) 31. Parks and Recreation: (See Exhibit F -August 5, 2005 Memo) 32. Police Department: (See Exhibit G -August 15, 2005 Memo) 33. Fire Department: (See Exhibit H -August 17, 2005 Memo) 34. Department of Education: (See Exhibit I -September 7, 2005 Letter) 35. Department of Health: (See Exhibit J -August 25, 2005 Memo) 36. Department of Transportation: (See Exhibit K -November 8, 2005 Letter) 37. Kona TrafTic Safety Committee: (See Exhibit L -August 31, 2005 Letter) AGENCIES' COMMENTS - NO RESPONSE 38. Office of Housing and Community Developmeut, Department of Land and Natural Resources -Land Division and Historic Preservation Division and Natural Resources Conservation Service APPLICANT'S SUBMITTAL OF REVISED SITE PLAN 39. The applicant has submitted a revised site plan for the development. (See Exhibit M - Email with Revised Site Plan dated November 2, 2005) APPLICANT'S RESPONSE TO COMMENTS 40. The applicant has submitted several letters in response to comments received from Agencies. (See Exhibit N -Letters dated September 12, 2005) PUBLIC COMMENTS 41. The Planning Department has received the following letter from the public: 1. Robert W. Davision -July 8, 2005 Letter (See Exhibit O -Letter dated July 9, 2005). -8- CARLSMITH BALL LLP A LIMITED LIAEILITY LAW PARTNERSHIP 75-1000 HENRY STRF,ET SUITE 209 KAILUA-KONA, HI96745-1720 TELEPHONE 808.329.6464 Fax 808.329.9450 WWW.CARLSMITH.COM - June 22, 2005 Mr. Fred Galdones, Chairperson Hawaii County Planning Commission Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupuni Center, Suite 3 101 Pauahi Street Hilo, HI 96720 Re: State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Lava Kuakini, LLC Owner: Stanley T. Tomono, Trustee under that certain Revocable Trust Agreement dated August 29, 1984 Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5-acre" (A-Sa) to Multiple Family Residential- 2,500 s.f. (RM-2.5) Tax Map Key: (3) 7-5-017 Portions of 005 and 002, Lot 3A (14.0 acres) Dear Chairperson Galdones & Mr. Yuen: We humbly request your favorable consideration of our State Land Use District Boundary Amendment and Change of Zone Applications for a housing project consisting of 212 multiple-family residential units, of which a minimum 50% will be allocated for "Affordable Housing". We appreciate your cooperation in assisting us in securing these Land Use Development applications, so that we r.:ay provide the needed "Affordable Housing" units in Multiple-Family Residential form. This will add to the demand for "Affordable Housing" residential inventory within the Kailua-Kona area, and allow for the expansion of existing and pending residential development in an orderly and cost-effective manner. Pursuant to Section 25-2-9(b) of the Zoning Code, we are submitting for concurrent processing the following, pursuant to the requirements of Planning Commission Rule No. 13 and Rule No. 11 and the Planning Department's rules regarding State Land Use District Boundary Amendment and Change of Zone Applications: HONOLULU - KAI'OLEI ~ HILO - KONA MAUI ~ GUA\I ~ SAIPAN LOS ANGELES ~ WASHINGTO,Y,~C:„y Mr. Christopher J. Yuen, Planning Director Mr. Fred Galdones, Chairperson Hawaii County Planning Commission June 22, 2005 Page 2 1. Original and 20 copies each of the completed application forms (State Land Use District Boundary Amendment, Change of Zone with Questionnaire), acopy ofthe recorded deeds confirming ownership of the Project lands and a Letter of Authorization from the Landowner; 2. Original and 20 copies of a detailed written description of the proposed project citing the requirements as stated in the Land Use Commission Rules, Title 15, Subtitle 1, Chapter 15, Subchapter 2, Section 15-15-18, Chapter 205A-2, HRS, Chapter 205A-26 HRS, as amended and criteria and standards of Planning Commission Rule No. 13, Section 13-3 and Rule No. 11, Section 11-3. 3. Original and 20 copies of the following Exhibits: Exhibit A: 11" x 17" Regional Location Map of Property Exhibit B: 11" x 17" Tax Map Key Map of Property Exhibit C: 11" x 17" 14.0 acre Property Exhibit D: 11" x 17" Preliminazy Project Plan Exhibit E: Letter to DLNR for "No Effect" Clearance Letter dated June 21, 2005 4. A list of the current surrounding property owners within 500 feet from the Department of Finance, Real Property Tax Division records; 5. A letter to the Planning Director and Planning Commission Chairman certifying the mailing of the "First Notice" to the surrounding property owners by enclosed Notarized Affidavit with attached exhibits; 6. A Certification of Clearance form dated June 13, 2005 showing no outstanding delinquencies from the Department of Finance, Real Property Tax Division. 7. Full size copies (2' x 3') of 14.0 acre Property and Preliminazy Project plans drawn to scale showing all existing and proposed uses, buildings, roadways and off-street parking. 8. One (1) set of the legal description of the above referenced property in map and written form by metes and bounds certified by Chrystal Thomas Yamasaki, Licensed Professional Land Surveyor of Wes Thomas Associates, along with 2' x 3' maps for the State Land Use Boundary District Amendment Application and the Change of Zone Application. 9. A check payable to the County Director of Finance for $725.00 for the two applications: A filing fee of $200.00 for the State Land Use Boundary Amendment Application. A filing fee of $525.00 for the Change of Zone Application: ($500.00 filing fee & $25.00 = $525.00) - (@ $25.00 for each lot x 1 lot = $25.00). Mr. Christopher J. Yuen, Planning Director Mr. Fred Galdones, Chairperson Hawaii County Planning Commission June 22, 2005 Page 3 If you require any additional information, please call me at 935-6644. Very truly yours, %'L~~`- Steven S.C~m~ SSL:Iah Enclosures 4825-3282-1504.1.057273-00001 County Environmental Report Applicant: Lava Kuakini, LLC. Agent: Steven S.C Lim, Carlsmith Ball LLP State Land Use District Boundary Amendment from Agricultural to Urban Change of Zone from Agricultural 5-acre (A-Sa) to Multiple Family Residential-2,500 sf. (RM-2.5J Kahului 1st and 2nd, District of North Kona, Hawaii TMK: (3) 7-5-017 Portions of 005 and 002, Lot 3A (14.00 acres) TABLE OF CONTENTS 1. State Land Use District Boundary Amendment Application 2. Change of Zone Application with Questionnaire 3. Recorded Deeds Showing Ownership 4. Fee Owners Authorization Letters 5. County Environmental Report APPLICATION EXHIBITS C.:. 1. Exhibit A: 11" x 17" Regional Location Map of Property in Tax Map Key Form 2. Exhibit B: 11" x 17" Tax Map Key Map of Property 3. Exhibit C: 11" x 17" 14.0 acre Property 4. Exhibit D: 11" x 17" Preliminary Project Plan 5. Exhibit E: Letter to DLNR for "No Effect" dated June 21, 2005 4826-8429-1072.1.057273-00001 STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Lava Kuakini. LLC See attached Letter of PETITIONER'S SIGNATURE: Authorization DATE: ADDRESS: c/o Steven S C Lim Esq., Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo, Hawaii 96720 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 Stanley T. Tomono, Trustee under LANDOWNER(S): that certain Revocable Trust Agreement dated Aueust 29, 1984 See attached Letter of LANDOWNER SIGNATURE(S): Authorization DATE: (May be by letter) ADDRESS: TAX MAP KEY: (3) 7-5-17 Portions of 005 and 002 STREET ADDRESS OF PROPERTY: ZONING: Agricultural 5-acre (A-Sa) SIZE OF PROPERTY: 14.0 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Steven S. C. Lim Esq.. Carlsmith Ball LLP ADDRESS: 121 Waianuenue Avenue. Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) _(808) 935-7975_ Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S. C. Lim, Esq. COPIES: -Lava Kuakini, LLC CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Lava Kuakini. LLC See attached Letter of APPLICANT'S SIGNATURE: Authorization DATE: ADDRESS: c!o Steven S. C. Lim, Esq., Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo. Hawaii _96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 Stanley T. Tomono, Trustee under LANDOWNER(S): that certain Revocable Trust Agreement dated AllQUSt 29, 1984 See attached Letter of LANDOWNER SIGNATURE(S): Authorization DATE: (May be by letter) E«.~~ LANDOWNER(S) ADDRESS: Multiple Family Residential -2,500 s.f. REQUEST: Agricultural 5-acre (A-Sa) TO (RM-2.5) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-5-17 Portions of 005 and 002 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 14.0 acres AGENT: Steven S. C. Lim, Esq., Carlsmith Ball LLP ADDRESS: 121 Waianuenue Avenue, Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S. C. Lim, Esq. COPIES: Lava Kuakini. LLC ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1• If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No. Proposed deve opment of if yes, please answer the rest of question 1 and then to multiple-family question 3. units will be on one lot in a a• How many acres of the requested area do you intend to condominium subdivide? property regime. b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit Y~ your subdivision plans to the Planning Department for preliminary approval? d. Do you intend to build houses on the newly created lots? 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. i 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans b. Sell or lease the land to someone who has tentative plans? Sell or lease the land to someone who has rye plans? d. Keep it? e, other (please state) Proposed development of multiple-family units will be on one lot in a condominium property regime. t, 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. 1 3. Do You think that your request and your further plans for the land will alleviate the local housing situation? Yes How? 9. 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. The Property is c~ssified If so, please describe the problem. within the FIRM AE zone along the south edge. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? w 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? yes ~ a. Schools X (No net increase) b. Roads X c. Sewer X d. Drainage X e. police Protection X -3- Yes ~ f. Eire Protection X g, Recreational Facilities X h. Public Otilities X other N/A For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ~6+'-/'iy` Steven S.JJ C. Lim, Esq., Carlsmith Ball LLP ` Address: 121 Waia~iuen e Avenue, Hilo, Hawaii 96720 Telephone: (g08) 935-6644 Date: June 22, 2005 6337AJSOA -4- P.D. 5/84 ° , ~ . H- 1:N ti9'A'f f~ nM' HAWA i I tiI1Hf1A11 CJ f' CUNVhIYANC:b1S' F'b:t:f)tt l7 ball I1F:C 05, 'l. I'1 (1Q ~IR:t11 AM IInC NO(9) is Ufifl-In4H4"l, fs/CARE, '7`. WA'['ANAyN: qt..l, I Nf; RFSGiS`['kAR (iF' C(7N~Ib;'dANf~;S tYtNVFYAN(.:f. 'PAK: t:lU5ll,un LAND COURT SYSTEM ~ REGULAR SYSTEM Return bY: MAIL (X) PICKUP ( ) TO: Mr. David Hoama TITLE NO. t 153222 " First Hawaiian Hank ESCROW NO.: 99-301-U8R0 75-5595 Palani Road JANET LUM WON [ ~t') Kailua-Kona, HI 'Jfi740 Total Number of Pages [F TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR: GOMES FAMILY LIMITED PARTNERSHIP, a Hawaii Limited Partnership, whose mailing address is P. d. Box 356, Kailua-Kona, HI 46745A356 GRANTEE: STANLEY T. TOMONO, Trustee under that certain Revocahle Trust Agreement dated August 29, 1984, whose mailing address is P. O. Baa 327, IIanaunau, HI 9Ei72b TAX MAP KEY (3) 7-5-617:005 4072190lK12491/9/20100 r Aar-I2-AA 14:55 Fram-CARLSUITH +180532A9450 T-A34 P.03/O7 F-3i2 . ' W~~ZY DEED KNOW Art MEN BY THESE PRESENTS: That GAMES FAMILY LIMITER PARTNERSHIP, a Hawat7 Limited Partnership, whose mailing address is 75-397A Hualalai Road, Kailua-Koga, Hl 96740, hereinaf[er called the "Grantor", far arad in consideration of the sum of TEN AND NO/100 DOLLARS ($1 SAO) and oTher good and valuable consideration to the Grantor paid by STANLEY T. TOMONU, Trustee under that certain Revocable Taut Agreement doted Augu~~t 29, 1984, whose mailing address is P. Q. Box 3Z7, Hoaaunau, HI 96726, hereinafter called the "Grantee", the receipt whereof is hereby acl;mwledged, does hereby grant, bargain, sell and convey unto the Grantee all ofthat certain real property designated on the tax maps of the Third Taxation pivision, State of Hawaii, as Tax Map Kcy 7-5-017:002, more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. TOGETH&R W1Tti ALL and singular the buildings, improvements, rights, tenements, hereditaments, casements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith. TO HAVE ANA TO HOLD the same unto the Grantee, IN TRi1ST, and the `vs,; Grantee's successors in trust and assigns, in fee simple forever. ANA THB SAID GRANTOR does hereby covenan[ with the Grantee chat the Grantor is lawfully seised in fee simple of said gamed premises and that the said premises are free and char of all encumbrances except as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey rho said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. 1T 1S MUTUALLY AGR]:ED that the terms "Grantor" and "Grantee", as and when wed hereina6ove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, corporations or partnerships, and their and each of their respective successors in interest, heirs, executors, personal representatives, administrators and permitted assigns, according to the context thereof, and that if these presents shalt be signed by 2 ,Agar12-99 14:56 From-CARLSt11TH 418083299450 T-934 P.04/OT F-312 two or mare grantors, or by two or more grantees, a!1 covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. 1N WITNESS WHEREOF, the Grantor has executed these presents on this t~ ~ `'n day o f `vim- ~4--~`~~~ .1999. GOMES FAMILY LIMITED PaRTNERSHIP, a Hawaii Limited Pat-tuerskip y ~a Q. G~~-rz-~ >3y Its ~d~ APPROV&A AS TO FORM CARISMITH 9AL1 9Y 8-12-99 3 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this t~~, day of ~v-~~-~-`_~ .1999, before me personally appeazed STANLEY GOMES, General Partner of tLe GOMES FAMILY LINIITED PARTNERSHIP, to me known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed as such General P~~artnernn. ~.~v...) --I've yn aia Name: Notary Public State of Hawaii My commission expires: . ~ ~ ~ _ •qu¢-12-99 14:56 From-CARLS111TH +18083ZAB460 T-934 P.OS/O7 F-312 ~{I3~TT "A„ All of that certain parcel of land (being por[ion(s) of the land(s) described in and covered by Royal Patent Granx No. 983 to Kipola and Royal Paten[ Grant No. 1669, Land Commission Award 8516-13, Apana 3 w Kamaikui) situate, lyins and being at Kahului !sr and Kahului 2nd, pistrict ofNorth Kona, Island and County ofHawaii, Sra[e of Hawaii, bearing Tax Key designation 7-5-017-002 (3}, and containing an area of 40.200 acres, more or less. $EING THE PREMISES ACQTIIREA ]3Y WARRANTY DEED: GRANTOR ]OSEPH GOMES and MARGARET P_ GOMES, husband and wife GRANTEE GOMES FAMILY LIMITED PARTNERSHIP, a Hawaii limited partnership DATED December 22, 1994 RECORDED Document No. 95-037875 SU~CT, HQWEVER TD; 1. Reservation in favor of the State of Hawaii of ail mineral and metallic mines. 2. (A) Res[riction of abutter's rights of vehicle access in favor of the Statc of Hawaii appurteuanr to the retnaittder of [kte Iand of which Parccl 53 is a part, into and from Hawaii Belt Road, FAP Route 11, ProjeM No. 11A-03-69, Falani Road to Kilohana Subdivision over and across Courses 1 and 6 of Parcel 53 and aver and across the boundary designated as Boundary "40", more particularly described as follows: Being the common boundary between Grant 18b8 to Kaupena and R. P. 1669 ro L. C. Aw. 8516, Apana 3 to K:unaikui. Begituling at the west end ofthistight-of--way boundary, on the northeast side of Hawaii Belt Road, FAP Route 1 I, Project No. 1 IR-03-69, Palani Road to Kilohana Subdivision, and at the initial point of the above described Parcel 53, thence rotating by azimuth measured clockwise from true South: 1. 250° 19' 19" 5.03 fee[ along a portion of L. C. Aw. 8516-B, Apana 3 to Kamaikui to the east end of this right-of--way boundary and having a lengtkt of 5.03 feet, as per EXHIBIT "A" Page I of 2 .Au¢-12-99 14:56 Frum-CARLSIAITH +160632A9450 T-934 P.OI/07 F-312 survey of 12ichard K. Kawasaki, Registered Professional Land Surveyor No. 3844-5 dated June 14, 1982 as set forth by Amended Final Order of Condemnation dated November 6, 1987, recorded in Liber 21506 at Page 618. (l3) Discrepancic~, conYlicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey or archaeological study would disclose. EXHIBIT "A" Page Z of 2 i i.+.u ~wo<~luro PAGE 01/QQ FEE O WNER'S LETTER OF ,AUTHORIZATION Taa Map Key No: (3}7-5-17:02 and OS Kahului 1st anti 2nd, North Kona, Island, County and State of Idawaii The undersigned is the fee owner of the real properties above-identified, and hereby authorize Lava Development Co~aapany, LLC, to apply for, execute and process any and all County, State and federal govemmentai peraut applications, and to participate in pzviceedings related to said real properties. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and vafid as the original. S•I'ANLEY T. TOMONO TRU5T ~ ~ Sy: ~°LiL~-Y.l~v ley'I'. Toiotono, Trustee Subscribed and sworn to before me this ~ day of ~cty bts- , 2004 ~,.~"°~NN E 1. ~Ct-~,..G ~.ZLq,I~-~.,1.. ,~~Q,'~NOTAgy Notary Public, State of.Hawaii , ? C TeriAnne I. Nahulu = * _ ~ * My C0110.g7issi0O expires: My Commission Expires: 8/12/2005 , cP'-, •OUBLIG ~ ~ Nr~'~"":Horn nHuM„a•" 7 68496347.5968.1 pupae Flu PAGE 02/02 APPLICANT'S LETTER OF AT3TI30RI~A7'ION Tax Map Key No: (3)?-5-1?:02 and 05 Kahului 1st and 2nd, North Ilona, Island, County and State of Hawaii The undersigned is the Applicant, end hereby authorizes Carlsmith 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 properties. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. LAVA A. LO ENT COMPANY, LLC By: E ward J. po Its Manage Subscribed and swum to before me this Zo day of O~FOb~? , 200a P~N~ ~;,.~!!qy`~ ~(.u,Q.~...•~ rt.'-Lt.~C,..,,Q, ~~Q: NpTARY'{~G Notary Public, State of I~awaii ~ ~ ? ~ e TeriAnne I. Nahulu My Commission expires: MY Commission Expires: 8/12/2005 I. pUB~`G'~`P SJ`;~"nnu.nNPv °`n,~~ E O F NP "g/N.IMp 48496347-58.1 _ 2 _ COUNTYENVIRONMENTAL REPORT STATE LAND USE DISTRICT BOUNDARYAMENDMENT, and CHANGE OF ZONE APPLICATIONS Portion of Grant 1868 to Kaupena at Kahului 1st and 2nd, District of North Kona, Hawaii TMK: (3) 7-5-017 Portions of 005 and 002, Lot 3A (14.0 acres) Prepared for: LAVA KUAKINI, LLC Prepared by: Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 Tune 2005 TA13LE OF CONTENTS Page 1. PROJECT DESCRIPTION 2 1.1 SUMMARY OF REQUEST 2 1.2 PROJECT OBJECTIVES ......................................................................................3 1.3 EXISTING LAND USE 3 1.4 DEVELOPMENT PROGRA.M .............................................................................4 1.5 DEVELOPMENT TIMETABLE 4 1.6 ESTIMATED INFRASTRUCTURE & SITE DEVELOPMENT COSTS........... 4 2. ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 4 2.1 PHYSICAL ENVIRONMENT 4 2.1.1 Geology, Physiography, and Climate 4 2.1.2 Soils and Agricultural Potential 5 2.1.3 Flora and Fauna 6 2.1.4 KA PA`AKAI O KA `AINA ISSUES 6 2.1.5 Historic and Archaeological Sites 7 2.1.6 Natural Hazards 7 2.1.7 Air and Noise Quality 8 2.1.8 Scenic and Visual Resources 9 2.2 PUBLIC SERVICES AND ENGINEERING REQUIItEMENTS 9 2.2.1 Schools .......................................................................................................9 2.2.2 Parks and Recreation 10 2.2.3 Medical Services 10 2.2.4 Police and Fire Protection Services 10 2.2.5 Water System 11 2.2.6 Drainage ...................................................................................................11 2.2.7 Sewage System 11 2.2.8 Soiid Waste Disposal 11 2.2.9 Electrical, Telephone, and Cable Services 12 2.2.10 Vehicular Circulation/Traffic 12 -i- TABLE OF CONTENTS (continued) Page 3. CONFORMANCE WITH STATE AND COUNTY PLANS 12 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS 12 3.2 CHAPTER 205, HAWAII REVISED STATUTES (HRS) -LAND USE COMMISSION 13 3.3 HAWAII STATE PLAN ] 5 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS 16 3.5 HAWAII COUNTY GENERAL PLAN 16 3.6 KONA REGIONAL PLAN 22 3.7 COUNTY ZONING 22 3.8 SPECIAL MANAGEMENT AREA 22 3.9 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) 22 4. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 23 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY 23 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS 23 4.3 ALTERNATIVES TO THE PROJECT 24 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 25 5. AGENCIES CONTACTED 26 _i~_ 1. PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Lava Kuakini, LLC., hereinafter refereed to as the "Applicant" is seeking a State Land Use District Boundary Amendment (SLUDBA) from the "Agricultural" to "Urban" District and a Change of Zone from the current Agricultural 5-acre (A-Sa) to the Multiple-Family Residential-2,500 square feet (RM-2.5) zone district to allow the development of a housing project consisting of 212 multiple-family residential units, of which a minimum 50% will be allocated for "Affordable Housing" pursuant to the County of Hawaii requirements in Hawaii County Code Chapter 11 relating to Affordable Housing, (hereinafter referred to as the "Project") within a 14.0 acre pazcel located in a Portion of Grant 1868 to Kaupena at Kahului 1st and 2nd, District of North Kona, County of Hawaii, and identified as Tax Map Key (3) 7-5-017 Portions of 005 and 002, Lot 3-A, (14.0 Acres) hereinafter referred to as the "Property". (See Exhibits A & B) The Property is situated on the east (mauka) side of Kuakini Highway to the north of the existing Pottery Terrace commercial development, approximately 250 feet south from the Oni Oni Street (Kona Hillcrest Subdivision) and Kuakini Highway intersection. Assuming approval of these land use applications, the Property would be developed under a condominium property regime for the multiple-family residential affordable housing. Stanley T. Tomono, Trustee under that certain Revocable Tmst Agreement dated August 29, 1984 is the fee owner of the Property. A letter of Authorization from the Owner is attached to the Application forms to allow Carlsmith Ball LLP to represent the Applicant on these land use permit applications. A copy of the recorded deeds conftrming ownership of the Project lands has also been included as part of both applications. The Property is not located within the County Special Management Area (SMA) which extends from the shoreline to Kuakini Highway. The Property is presently designated for Medium Density Urban Development on the Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan. As such, the Project is consistent with the County General Plan. In addition, the Project site is situated in an area designated for urban and residential use on the Kona Regional Plan and is, therefore, generally consistent with the County's long-range land use plans for the area. Access to the Project will be off of Kuakini Highway via the proposed Alii Parkway right-of--way with approximately 30 feet of pavement and shoulder improvements. The location and regional context of the Project area aze shown in Exhibit A (Regional Location Map of Property), Exhibit B (Tax Map Key Map of Property), Exhibit C (14.0 acre Property) and Exhibit D (Preliminary Project Plan). The following Table 1 summarizes the land use status of the Project land. 4832-1685-2352.1 _ 2 _ Table 1 LAND USE STATUS Tax Map Key: (3) 7-5-017 Portions of 005 and 002 (Lot 3A) (14.0 acres) State Land Use: Agricultural County General Plan (LUPAG) Medium Density Urban Development Hawaii County Zoning Agricultural (A-Sa) County Special Management Area: Not Within the SMA 1.2 PROJECT OBJECTIVES The Applicant intends to develop the Property as aMultiple-Family Residential Project. The conceptual site plan for the Project proposes development of a 212 unit multiple-family residential units. The Applicant intends to develop the Project based upon strong demand for "Affordable Housing" units and reasonably priced market units in this particulaz area of North Kona. Over the years, residential sales within the Kailua-Kona urban center and Resort areas have been relatively strong, due in large part to the high-end resort-residential community environment and the range and quality of residential products being offered. The Project is intended to help meet the growing demand for "Affordable Housing" in the Kailua-Kona urban center, and allow for the expansion of existing and pending residential development in an orderly and cost-effective manner. More importantly, the Project's primary intent is to provide a minimum of 50% of the units of the development for "Affordable Housing" units within this critical housing need azea of Kailua-Kona. Being adjacent to the existing Pottery Terrace development and Kona Hillcrest Single Family Residential subdivision, the Project offers the advantage of being adjacent to existing infrastructure and supportive public services. The Project has also been planned with a sensitivity to the environmental and cultural considerations of the site. Development of the Project will be consistent with the existing single family and multi-family residential development along Kuakini Highway in this azea, to include site amenities that will be complementary with the development in the area. 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 and State Land Use Boundary Amendment applications for the Project. 1.3 EXISTING LAND USE The Project site is currently vacant and although graded in the past, is currently heavily vegetated. The adjacent land to the north is the existing Pottery Terrace Commercial complex. 48 3 2-1 88 5-2 35 21 _ 3 _ Lands to the east, west and south are vacant. The southern portion of parcel 2 is developed with a Tomato Farm. Kailua-Kona is the urban center for West Hawaii and includes several hotels, multi-family and single family residential projects, several commercial shopping centers and Federal, State and County public facilities. The Project is consistent with the existing and proposed uses within the Kailua-Kona urban center and Resort area, and will complement the adjacent land uses. 1.4 DEVELOPMENT PROGRAM The Project, as shown in Exhibit D, proposes development of a housing project consisting of 212 multiple-family residential units, of which a minimum 50% will be allocated for "Affordable Housing". The remaining units would be for market sales, with the expectation that these units will be sold at prices at the middle of the sale price range. The primary access to the proposed Project will be from Kuakini Highway and a 30 foot wide improved roadway within the proposed Alii Parkway right-of--way. The Applicant's main intent is to provide "Affordable Housing" and market priced residential product within the Project in this particular area of the Kailua-Kona region. The Project site will be developed in a manner that is responsive to the site characteristics and surrounding uses. 1.5 DEVELOPMENT TIMETABLE Assuming approval of the State Land Use District Boundary Amendment and Change of Zone from the County Council, the Applicant will submit Plan Approval plans within approximately two months thereafter. Construction of Project infrastructure would be completed within 6 months of Final Plan Approval. Based on current market conditions, the Project units are expected to be developed and sold over an approximately one-year period. 1.6 ESTIMATED INFRASTRUCTURE & SITE DEVELOPMENT COSTS The estimated order of magnitude costs for on-site and off-site infrastructure elements, which include site preparation, sewer, water, drainage, and power, communication utility improvements for this Project will be approximately $4,500,000. 2. ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 2.1 PHYSICAL ENVIRONMENT 2.1.1 Geolo¢v, Physioeraphy, and Climate Located on the southwest slope of Hualalai Volcano, overlooking Kailua-Kona, the Project area is situated on remnants of lava flows from Hualalai that are covered by a very thin layer of rocky, organic soil. The Property elevations range from approximately 550 feet above as3z-~sss-z3sz i _ q _ mean sea level at the makai boundary, to approximately 520 feet above mean sea level at the mauka boundary, with slopes averaging from eight to ten percent. Due to the wind-shadow effect caused by Mauna Loa and Hualalai, winds in the area aze often light and variable, dominated by local land-sea breezes. However, Kona storms in the winter season can bring very strong winds from the south or southwest for brief periods. Average daily temp0ratures range from a minimum of 61 degrees F. to a maximum of 79 degrees F. Annual rainfall averages approximately 1 S inches, with most falling in the summer months. 2.1.2 Soils and Aericultural Potential 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, which systems are discussed below. 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 a1.1965), where "A" represents the highest rating and "E" the lowest, the soils within the Project site consist of "E" (Very Poor) soils, which are considered marginally suitable or unsuitable for agricultural purposes. Soil Survey. Soils on the site aze identified by the Soil Survey of the Island of Hawaii (USDA-SCS 1973) as Waiaha extremely stony silt loam, as described below. WHC. Waiaha extremely silt loam, with 6 to 12 percent slopes. This soil is low on the leeward side of Hualalai and Mauna Loa. In a representative profile, the surface layer is very dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark brown, very stony silt loam about 14 inches thick. The substratum is pahoehoe lava bed rock. The surface layer is slightly acid. The subsoil is neutral to mildly alkaline. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. Roots can penetrate to bedrock. rPYD. Punaluu extremely rocky peat, with 6 to 20 percent slopes. This soil is low on the leeward side of Mauna Loa. In a representative profile, the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. Roots are matted over the pahoehoe lava. Aericultural Lands of Importance to the State of Hawaii. The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types 4832-1885-2352.1 _ 5 of agricultural lands, based on characteristics such as soil quality, growing season and moisture supply. The three classifications used aze prime, unique, and other important lands. The Project site is Unclassified by the ALISH classification system. Aericulture Potential. Due to the generally poor quality of soils within the Project site, the agricultural potential of the Project lands is minimal and insignificant. Although development of the Project will result in a curtailment of the present limited use of the Project lands for occasional grazing purposes, this is not significant, given the marginal quality of these lands and the availability of other, more suitable grazing lands in the region. Additionally, the potential agricultural use of the Project land should be viewed in the context of the surrounding urban uses and the long-range land use plans for the area, as set Forth by the State and County development plans. 2.1.3 Flora and Fauna Flora. The property is almost entirely covered with Kiawe, koa haole, monkeypod trees and a dense growth of introduced grasses and Lantana. There are no known rare or endangered plant life or animal species on the Property, or in the near vicinity. The plants found on site are generally alien and introduced species, with an absence of plant species classified as rare, endangered, or threatened, and thus the overall impact on area flora is expected to be negligible. Fauna. Faunal studies conducted in the Project vicinity have observed no resident endemic or indigenous bird species. Species observed in the Project area and vicinity include the Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats and dogs. These species are highly mobile and will have little trouble in relocating to other azeas. None of the species are rare or endangered. The Project will have no adverse impact on fauna in the area, and 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. 2.1.4 KA PA`AKAI O KA `AINA ISSUES Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa`akai O Ka `Aina case. (a) 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; 4832-1885-2352.1 _ ( _ Discussion: The Property is vacant. It should be noted that there are ~no historical sites on the Property that are listed on the Federal and/or State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element. There is no evidence to indicate that any traditional and customary native Hawaiian rights are exercised in the Project area. (b) The extent to which those resources -including traditional and customary native Hawaiian rights -will be affected or impaired by the proposed action, and Discussion: There is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the Property or being practiced in the azea. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the proposed Project. (c) 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 or County Council other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in or around the Project, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. 2.1.5 Historic and Archaeoloeical Sites There are no historical sites on the Property that are listed on the Federal and/or State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element. Prior grading activities on the Project area for cattle grazing has impacted the area. 2.1.6 Natural Hazards Potential natural hazards to the Property could include flooding, volcanic eruptions and earthquakes. Volcanic hazards in the area have been studied in detail (Mullineaux and Peterson 1974). The proposed Project site is located on the southwestern slope of the Hualalai Volcano. The last volcanic eruption of Hualalai occurred in 1800 to 1801. Lava emerged from the northwest 4832-1885-2352.1 _ _ volcanic rift zone at about the 1,600-foot elevation (in the vicinity of Puhi-a-Pele cinder cone, just makai of Mamalahoa Highway) creating the flow that entered the ocean north of Keahole Point, about 16 miles north of the Project area. The U.S. Geological Survey divides the Island into zones that aze ranked from 1 through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps show the Project azea, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the past 750 years and that there has been 5 percent lava coverage in the past 200 years. Although lava flows on Hualalai have typically covered large areas, historic flows have been concentrated on its western flank. The historic flow closest to the Project site is the 1800-1801 flow, mentioned above. The most recent flow at Keauhou Bay, approximately 5.8 miles distant from the proposed Project area, is between 300 and 10,000 years old (Sterns and MacDonald 1946). In addition to lava flow hazard zones, tephra hazard zones (ash fall) have also been established For Hawaii. (Mullineaux and Peterson, 1974). The Project is in the Tephra Hazazd Zone 4, which indicates that tephra falls from lava fountains, should these occur, maybe frequent, but thin. The impacts of lava flows on the Project site can only be mitigated with the intention of protecting life. Protection of property from lava inundation has proven to be relatively ineffective on a regional scale. Therefore, mitigation of lava flow hazards would be limited to the provision of adequate evacuation routes and civil defense warning systems designed to provide users of the Project site with as much advance notice of a threatening lava flow as possible. 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. 2.1.7 Air and Noise Quality Air puality. Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries that would contribute to air pollution are located within the Project area vicinity. Air quality in the Project vicinity is primarily 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, which drifts into the Kona azea from more than fifty miles away. 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 azea, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog. 4832-1885-2352.1 _ $ _ The Project would increase traffic in the area very slightly, and is not expected to generate significant levels of air pollutants, and those that are generated would be dispersed rapidly by the prevailing winds. There could be short-term air quality impacts due to construction activities, especially during cleazing 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 commercial and residential development adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project site are similar to levels in other commercial and residential areas of the Kailua-Kona urban center and surrounding area. Noise levels in the Project area are primarily influenced by the traffic on Kuakini Highway and the Hawaii Belt Road. 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. 2.1.8 Scenic and Visual Resources The Project will not impact views of the shoreline from the Hawaii Belt Road, the nearest Stateright-of--way mauka of the Project site. The Project is located approximately 900 feet makai of the Hawaii Belt Road and approximately 1,800 feet mauka from the shoreline. It is situated in an area where topography and vegetation would largely blend the development into the mauka to makai view. From the shoreline, the Project will be visible as part of a larger regional view of the Kailua-Kona mauka lands, but not distinguishable. The Project will have no significant adverse effect on the existing scenic and visual resources of the Kailua-Kona azea. 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.2.1 Schools As a result of the Project "Affordable Housing" component and based on recent lot sales for the Pualani Estates Subdivision, the number of school age children within the Project area is expected to increase. Thus, the Project is expected to have some impact on the demand for education services in the region. Schools that maybe affected by the Project would include Konawaena and Kealakehe High Schools, Kealakehe Elementary and Intermediate Schools and Kahakai Elementary School. However, the Project is anticipated to have a minimal net impact on schools in the Kona region. Although the Project will add a significant number of residential units to the immediate area, it is anticipated that the new buyers will probably come from the existing local population that will be relocating from areas outside Kona. 4832-I BBS-2352.1 - 9 - 2.2.2 Parks and Recreation County park facilities in the area include Pahoehoe Beach Park, White Sands Park, and Kahalu'u Beach Park, all of which are located within a few miles of the Project•site. Kailua Park, located at the Old Kona Airport, consists of approximately 14 acres and includes a gymnasium, public swimming pool, soccer and baseball playing fields, lighted play fields, tennis courts, meeting facilities, restrooms, park offices, and a walking and bike track. State parks in the region include the Old Kona Airport Recreational Area, (104-acre coastal park), Kekaha Kai State Park, (1,642 acres coastal park), Keolohahihi State Historical Park, (12 acre coastal park), Kealakekua Bay State Historical Park, (184.9 acre coastal park which is approximately 11 miles to the south), and the Kaloko-Honokohau National Historical Pazk, (1,178 acre coastal pazk approximately 2 miles north of Kailua Village). Based on the most recent estimates, the resident population for the North Kona district is approximately 28,543 (County of Hawaii April 1, 2000 Data Book, Department of Research and Development), with approximately 1,777 acres in State and County parks in the North Kona District. This equates to approximately 63 acres of park per thousand population and exceeds the five acres of park per thousand population standazd established by the County for pazk needs. Given the relative size of the Project, the socio-economic make-up of the targeted buyers and adequacy of recreational resources within the Kailua-Kona urban center and surrounding area, additional measures to address the need for additional park and recreational facilities in the area do not appear to be warranted. 2.2.3 Medical Services The nearest available public health facility is the State Department of Health's Kona Hospital at Kealakekua, which is one of five licensed hospitals operating on the Big Island. The community facility was established in 1975, and recently expanded in April of 2001 with an 11 bed Psychiatric unit. As of December 2001, there aze 60 acute care beds and 30 long term caze beds, approximately 61 physicians, approximately 94 RNs and LPNs, and a total of approximately 350 employees. Specialty services offered by Kona Hospital include medical, surgical, OB/GYN, ICU, emergency room, chemotherapy, psychiatric and long-term care. 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 Kona azea. 2.2.4 Police and Fire Protection Services The main police station for North and South Kona is located in Kealakehe, and a substation is located in Capt. Cook. Similarly, the Hawaii County Fire Department has stations in Kailua-Kona, Keauhou, and one in Captain Cook. The Kailua-Kona facility provides air, land, and sea rescue as well as fire and emergency medical response services. The Captain Cook facility provides only fire and emergency medical response services. Volunteer • stations at 4832-1885-2352.1 _ 10 _ Hualalai and Kona Village supplement the County facilities. Kona's existing police and fire protection services should adequately accommodate the slight increase in anticipated demand generated by the Project. 2.2.5 Water System The Project will connect with the County's North Kona Water System, which among other areas, serves the existing Pottery Terrace commercial development and the Kona Hillcrest single family residential subdivision. The water system is located within the Kuakini Highway right-of--way and will accommodate the Project. The Applicant will be securing the necessary water commitments for the proposed Project. 2.2.6 Drainage The northern portion of the Project azea is within the County Department of Public Works, FIRM designation of "Zone X", while a small portion of the southern side of the Property is within the AE Zone and the Waiaha Drainageway. Because the land and soil are well drained, floods due to rainwater and surface runoff across the property are unlikely to occur if County regulations pertaining to drainage and flood control aze adhered to. As stated previously, the 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 runoff from road pavements, sidewalks, driveways and roofs which be controlled e~~~ by storm drains and drywells as part of a County approved storm drainage system. All Project generated runoff will be disposed of on site, so as not to impact makai properties. 2.2.7 Sewage System The Project will connect to the County's sewer line within the Kuakini Highway right-of- way fronting the Project. 2.2.8 Solid Waste Disposal The multiple-family residential units within the Project will generate solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Pu'uanahulu, North Kona. 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 significant change in the amount and 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 aze expected relative to solid waste disposal. 4832-1885-2352.1 _ 1 ] _ 2.2.9 Electrical, Telephone, and Cable Services Electrical Power. Electrical power service would be provided by Hawaii Electric Light Company (HELLO). Given the size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project aze not anticipated to have a significant impact on the utility's ability to meet the growing demand of the azea. The power lines for the proposed Project will connect with the existing lines along Kuakini Highway and will meet HELCO's design and installation standards. 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 Kailua-Kona, and the rest of the island. 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 are not anticipated to have a significant impact on the utility's ability to meet demand in the area. Telephone lines for the Project will be installed from a connection along Kuakini Highway. 2.2.10 Vehicular Circulation/Traffic The major roadways serving Kailua-Kona include Hawaii Belt Road, Palani Road, i Kuakini Highway, Henry Street, Makalapua Drive, Kaiwi Street, and Ali'i Drive. All are directly connected with roadways serving Kailua-Kona. The Hawaii Belt Road and Queen Kaahumanu Highway are both State rights-of=-way. Access to the Project will be off of Kuakini Highway via the proposed Alii Parkway right-of--way with approximately 30 feet of pavement and shoulder improvements. Short-term negative impacts may occur during the construction of the Project roads and infrastructure. Construction vehicles will slow area traffic while on the public roadways. No closure or rerouting of existing public traffic lanes is anticipated. 3. CONFORMANCE WITH STATE AND COUNTY PLANS 3.1 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) state that "Two or more applications involving the same building site or the same project requiring commission action maybe considered concurrently, provided that the commission decision on each application shall be issued separately by the commission." ' 4832-1865-2352.1 _ 12 _ Hawaii County Planning Commission Rule No. 13 (State Land Use Boundary Amendment), Section 13-1 (Purpose and Authority) states "This rule governs State Land Use district boundazy 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." Section 13-8 (Consolidated Proceeding with Other Land Use Changes) states "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." 3.2 CHAPTER 205, HAWAII REVISED STATUTES (HRS) -LAND USE COMMISSION Currently, the Project site 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 Boundazy Amendment Petition for the 14.00 acre Property, concurrently 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 are addressed as follows: ~ Standard One (I): It (the Urban District) shall include lands characterized by "city-like" concentrations of people, structures, streets, urban levels of services, and other related uses. Response: The Project will be a complementazy extension of the Pottery Terrace Commercial complex to the south, and the Hillcrest Single Family Residential subdivision to the north. The Project will complement these existing developments which are an integral component of the existing General Plan Land Use Allocation Guide Map (LUPAG) and Kona Regional Plan for this azea. These adjacent uses are "city-like" in concentration and the Project would expand this general characteristic. Standard Two (2): It (the Urban District) shall take into consideration the following specifc factors: 1. Proximity to centers of trading and employment, except where the development would generate new centers of trading and employment. Response: The Project would be integral to the trading and employment center of Kailua- Kona, which includes commercial shopping centers, residential developments, public service facilities, and several hotels. aasz-isas-zssz i - 13 - 2. Substantiation of economic feasibility by the Petitioner. Response: Hillcrest Single Family Dwelling Subdivision and the Pottery Terrace commercial complex are both existing developments. As such, this is a strong indication that a continued demand for a similar product with associated amenities is warranted at this particular location. The incremental costs for the Project to extend the necessary infrastructure are low when compared to other isolated projects of similar scale, which further substantiates the economic feasibility of the Project. Proximity to basic services, such as sewers, water, sanitation, schools, parks and police and fire protection. Response: The Project would complement the existing commercial and single family and multiple-family residential developments in the area and thus be an integral component of the surrounding Kailua-Kona Urban area since it is in close proximity to the necessary supporting infrastructure and public services. 4. Sufficient reserve areas for urban growth and appropriate locations based on a ten (10) year projection Response: The Project is located in an appropriate location for urban growth, as indicated on the County's General Plan and the Kona Regional Plan, which designate the Project area and surrounding lands as being appropriate azeas for urban expansion ~ and residential use, respectively. The Project site is contiguous to existing urban areas and is located in proximity to major transportation corridors. Furthermore, the Project is consistent with the General Plan and Kona Regional Plan, which includes reserve areas for urban growth based on a ten-year projection. Standard Three (3): Lands included (within the Urban District) shall be those with satisfactory topography and drainage, and reasonably free from danger ofjloods, tsunamis, unstable soil conditions, and other adverse environmental effects. Response: Having an overall slope of less than ten percent, the topography of the Project area is well suited for urban development. The northern portion of the Project area is in Zone X, outside the 500-yeaz flood zone according to the Department of Public Works, Engineering Division FIRM maps and a small portion of the southern side of the property is within the AE zone and the Waiaha Drainageway. This azea is being set aside for park use purposes. Additionally, the U.S. Geological Survey indicates that the Project site, similar to the entire Kailua-Kona area, is located within the volcanic and seismic hazard Zone 4, indicating a relatively low exposure to volcanic and seismic hazards. Standard Four (4): In determining urban growth for the next ten (10) years or in amending the boundaries, lands contiguous with existing urban areas shall be given more consideration than 4832-1885-2352.1 - 14 - noncontiguous lands, and particularly when indicated for future urban use on the County General Plan. Response: The Property is contiguous to existing urban areas that are indicated for urban expansion development on the County General Plan and, therefore, merit favorable consideration over noncontiguous lands. Standard Five (5): It should 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. Response: The Project is consistent with the Hawaii State Plan which encourages actions that will promote the orderly development of residential areas sensitive to community needs and desires of families and individuals; increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing; 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; and foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Additionally, the County General Plan designates the area for urban expansion. The Project will be providing "Affordable Housing" units to meet the strong demand in this part of the Kailua-Kona urban area. Standard Seven It shall not include lands, the urbanization of which will contribute to scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. Response: As stated in the response to Standard 4, the Property is contiguous with the existing urban area. Infrastructure lines including water, wastewater and utility facilities (electrical, telephone, and cable) are already present and will be extended to the Project. 3.3 HAWAII STATE PLAN The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes, consists of a series of long-range and comprehensive plans, goals and policies which serve as a guide for the growth and future long-range development of the State. Amendments to the State Land Use District Boundary must be consistent with these plans and policies. The goals of the Hawaii State Plan and their relationship to the Project are as follows: 4832-1885-2352.1 _ 15 _ o Goal: A strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs mad expectations of Hawaii's present and future generations. o Goal: A desired physical environment characterised by beauty, cleanliness, quiet, stable mad natural systems, and uniqueness that enhances the mental and physical well being of the people. o Goal: Physical, social and economic well being for individuals and families tlaat nourishes a sense of community responsibility and caring of participation to family life. Response: The Project would contribute to the attainment of the goals in the Hawaii State Plan regarding increased availability of residential products to Hawaii residents and would contribute to the stability, diversity and growth of the local and regional economies. More specifically, the Project would provide "Affordable Housing" opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled in proximity to existing and planned developments within the Project area that would encourage a sense of community responsibility and participation in family life. 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS An Environmental Impact Statement (EIS), as defined by Chapter 343, HRS and by the State Environmental Commission Rules and Regulations, is not required for the proposed use as none of the applicable actions delineated in HRS Section 343-5, apply to the Project. This County Environmental Report, however, has been prepared to address the environmental and technical considerations of the Project in compliance with Section 25-2-42 of the Hawaii County (Zoning) Code. 3.5 HAWAII COUNTY GENERAL PLAN The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and standazds of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. Kailua-Kona is identified by the General Plan as a major resort and urban center and, as such, allows for basic resident and visitor-oriented development and support facilities. The Property is presently designated for Medium Density Urban Development on the Land Use Pattem Allocation Guide (LUPAG) Map of the County General Plan. As such, the Project is 4872-1885-2352.1 _ 1f _ consistent with the County General Plan. In addition, the Project site is situated in an area designated for urban use on the Kona Regional Plan and is, therefore, generally consistent with the County's long-range land use plans for the area. As aMultiple-Family Residential use, the Project is consistent with this designation and with the overall land use policies of the County General Plan for the Project. The following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal o Provide residents with opportunities to improve their quality of life. Discussion: The 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 turn 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. Environmental Quality Goal o Maintain and, if feasible, 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 Drainaee Goals o Conserve scenic and natural resources. o Prevent damage to man-made improvements. o Reduce surface runoff and sediment runoff. Policy o All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. 4632-7885-2352.1 _ 17 _ i Discussion: The Project is aloes-profile development that will not affect scenic view planes in the area. The northern portion of the Project area is within Zone X, as determined by the Department of Public Works, Engineering Division FIRM maps (outside the 500-year flood zone), while a small portion of the southern side of the Property is within the AE zone and the Waiaha Drainageway. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. Historic Sites Goal o Protect and enhance the sites, buildings and objects ofsignificant historical and cultural importance to Hawaii. Discussion: There are no historical sites on the Property that are listed on the Federal and/or State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element. In the event any sites are uncovered during construction, any potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer pursuant to ..r~~ the approved recommendations of the consulting archaeologist, in consultation with DLNR-SHPD. ' Natural Beauty Goals o Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. o Protect scenic vistas and view planes from becoming obstructed. o Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: Scenic view planes toward the shoreline will not be obstructed by the Project, as it is located approximately 900 feet makai (west) of the Hawaii Belt Road and thus will not impede the views of motorists traveling along the State right-of--way. Notably, existing topography and vegetation shield the Project from the highway. The Project is located approximately 1,800 feet mauka (East) of the shoreline and visible, but indistinguishable, as part of the larger regional view of the Kailua-Kona mauka lands. 4832-1885-2352.1 _ I8 _ Natural Resources and Shoreline Goals o Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. o Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. o Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. o Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies o The shoreline of the island of Hawaii shall be maintained far recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. o The shoreline shall be protected from the encroachment of man-made improvements and structures. Discussion: The Project is located approximately 1,800 feet from the shoreline and is not anticipated to have any direct adverse impact on the shoreline resources. The overall Kailua-Kona coastline, however, does provide beneficial recreational opportunities, such as beach parks and public shoreline accesses for the general public. Housin Goals o Attain safe, sanitary and livable housing for the residents of the County of Hawaii. o Maintain a housing supply which allows a~ variety of choice. o Develop better places 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 residential units in Kailua-Kona, but more significantly is providing a Project with a minimum of 50% of the units developed as 4832-1885-2352.1 _ 19 _ "Affordable Housing" units. This will allow the market to have a continued as well as diverse supply of residential units. The Project will be constructed in accordance with the standards and requirements of the Department of Public Works, and the affordable units will be marketed and sold pursuant to the requirements of the County Housing Agency and the Office of Housing and County Development. Public Utilities voctl o To have public utility facilities which are designed to fzt into their surroundings or concealed from public view. Policies o A systematic program by the County, State and private interests shall identify sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. o All water systems shall be designed and built to Department of Water Supply standards. o Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new urban areas to place utilities underground. o Private wastewater treatment systems shall be installed by land developers for major resort and other developments nlong shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements. Discussion: All utilities for the Project will be installed underground and constructed in accordance with State and County design standards and requirements. Wastewater treatment will be connected to the County's sewer line located within the Kuakini Highway right-of-way. 4832-1885-2352.1 _ 20 _ Recreation Goals o Provide a wide variety of recreational opportunities for the residents and visitors of the County. o Maintain the natural beauty of recreation areas. o Provide a diversity of environments for active and passive pursuits. Policy o Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. Discussion: The Kailua-Kona area and coastline offers recreational opportunities such as boating, swimming and beach activities that are available to guests, visitors and Hawaii Island residents. All of the recreational facilities within Kailua-Kona have been developed to maintain public access to the shoreline and the natural beauty of the area. Land Use Goals o To maximize choices of single family residential lots and/or housing for residents of the County. o To provide single family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. Discussion: The Project is one of several residential projects that will help to replenish the existing inventory of residential product in the Kailua-Kona area, thus providing a continued choice of residential units in the area. More significantly, the Project will be providing a minimum of 50% of the proposed development for "Affordable Housing" units. The Project will form a quality residential community located within an area served by public and private services, shopping centers, and community facilities. 4832-1885-2352.1 _ 21 - 3.6 KONA REGIONAL PLAN The goals and policies of the Kona Regional Plan support the goals and policies listed in the County General Plan of encouraging the attainment of safe, sanitary and livable housing for the residents of the County of Hawaii. The Project is consistent with the Kona Regional Plan Land Use Concept map, which designates the Project site and surrounding lands for residential uses, and is consistent with the Urban District and Multiple-Family Residential-2,500 square feet (RM-2.S) zoning classification being sought. 3.7 COUNTY ZONING The Hawaii County Zoning Map for the North Kona District designates the Project site as Agricultural 5-acre (A-Sa). A change of zone from Agricultural 5-acre (A-Sa) to Multiple- Family Residential -2,500 square feet (RM-2.5) will be required to allow the development of the Project. 3.8 SPECIAL MANAGEMENT AREA The Property is not within the County's Special Management Area (SMA). 3.9 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) ~ Pursuant to HRS Chapter 205-2, the Property is situated within the State's Coastal Zone Management Area (CZMA). The Project is located approximately 1,800 feet mauka (east) of the shoreline and will not impede the views of the shoreline by motorists traveling along the State right-of--ways. Notably, existing topography and vegetation shield the Project from the highway. The Project will be visible From the shoreline (approximately 1,800 feet mauka (East), but indistinguishable as part of the larger regional view of the Kailua-Kona mauka lands. The Project is not anticipated to have any direct adverse impact on the shoreline resources. The Project site is currently vacant and heavily vegetated. It is occasionally used for grazing. The Project is located north of the existing Pottery Terrace commercial development, and south of the existing Kona Hillcrest Subdivision. Kailua-Kona is the urban center for West Hawaii and includes several hotels, multi- family and single family residential projects, several commercial shopping centers and Federal, State and County public facilities. The Project is consistent with the existing and proposed uses within the Kailua-Kona urban center and Resort area, and has been planned in a manner so as to complement the adjacent land uses. In addition, the General Plan and the Kona Regional Plan identify no impacted recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources related to the Property. There are no recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural 4832-1885-2352.1 - 22 - and environmental resources on the Project or within the surrounding areas that would adversely affect the objectives and polices of the CZMA. The Project is also not part of any ongoing County or State CZM programs for this particular azea. Therefore, the proposed Project is consistent with the objectives and policies of the CZMA and HRS Section 205-2. 4. 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 site will alter the open space chazacter of the Property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Project will not result in any substantial short-term or long-term adverse impacts to the environment. While development of the Property will remove the land from potential pasture use, the agricultural productivity of the site is relatively low and there is an abundance of other lands available in the region that are better suited for such use. Developing the property for the intended residential use will provide the benefit of enlarging the inventory of residential lands 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 incompliance with the long-range State, County and community plans for the region. Development of the Project will also result in socio-economic benefits to the community. E, 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 of 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 REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from development of the Project aze minimized. They can be chazacterized 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, laws 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 impacts. Generic mitigation measures are standard, accepted means that are appropriate for minimizing temporary or limited environmental impacts. 4832-1685-2352.1 - 23 - Specific mitigation measures are generally recommended for actions that may have residual or long-term impacts, or those for which some form of monitoring or compensation for the environmental impact 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 laws, ordinances, rules and regulations relating to environmental protection, health, safety, and construction • early construction of drainage features, where needed, such as berms • immediate stabilization of any denuded areas through sodding or planting • application of fertilizers or biocides to landscaped areas only during periods of low rainfall to minimize chemical runoff • 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 • protection and preservation of archaeological and historical resources in accordance with appropriate State and County laws, ordinances, rules and regulations. 4.3 ALTERNATIVES TO TAE 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 unused 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 socio- economic benefits associated with the Project. There is a growing demand for residential units for sale in the Kailua-Kona area and under the "no action" alternative, the additional units that would be provided through the Project will not be available. No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. 4832-1885-2352.1 - 24 - Alternative Use The current zoning for the property is Agriculture (A-Sa). The Project site, based on its isolation, limited size and soil characteristics is not well suited for agricultural use. As described earlier, soil studies indicate that without the use of hothouse agriculture and soil amendments, large scale commercial agriculture on the Project site would not be economically feasible. Any alternate use of the Project site other than the proposed residential Project would not be compatible with the General Plan and the Kona Regional Plan. The Project site is located adjacent to the north of the existing Pottery Terrace commercial development and south of the existing Kona Hillcrest Subdivision. In addition, vacant land adjoining the parcel is also designated for residential uses by the Hawaii County General Plan and the Kona Regional Plan. Finally, retaining the Project area for agricultural use would deny the public the socio-economic benefits related to the "Affordable Housing" component associated with the Project. Alternative Locations Although there are other vacant or non-committed sites in Kailua-Kona that have the same favorable site characteristics for residential development as the Project, the Project would complement the development pattern in the area. Most notably, the Project area is one of the few alternate locations adjacent to the County's sewer system. Other infrastructure to serve the Project is already in place to the Project area boundary. t.. 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 and roadways would be constructed, as well as the private funds, construction materials and manpower that will be expended in development of the land. Commitments also include the energy, water resources, and other utility resources that will be committed to development of the Project. Existing vegetation will be removed from the Project area and partially replaced with typical landscape plants. 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. 4832-1885-2352.1 - 25 - 5. AGENCIES CONTACTED Coun • Planning Department • Department of Public Works • Department of Water Supply • Office of Housing and Community Development State • Department of Land and Natural Resources, Land Management Division • DLNR, State Historic Preservation Division • Department of Health 4 assz-lass-z3sz.t - 26 - APPLICATION EXHIBITS 1. Exhibit A: 11" x 17" Regional Location Map of Property in Tax Map Key Form 2. Exhibit B: 11" x 17" Tax Map Key Map of Property 3. Exhibit C: 11" x 17" 14.0 acre Property 4. Exhibit D: 11" x 17" Preliminary Project Plan 5. 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L ~ ~ _ c F#,+` r Q i i i z: i. a ~ ~ x=11, , o ~ ~ _ _ ~ °bv s F r ~ ~ ~ ~ .fir / _ v=~~C N b b p A CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP ' 121 WAIANUENUE AVENUE P.O. BOx 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 Fax 808.935.7975 W W W.CARLSMITH.COM DIRECT DIAL NO. SLIM~CARLSMITH.COM June 21, 2005 Maryanne Maigret State Historic Preservation Division Department of Land and Natural Resources State of Hawaii 74-383 Kealakehe Parkway Kailua-Kona, Hawaii 96740 Re: TMK (3) 7-5-17 portions of 005 and 002 Kahului ls` and 2"d, District of North Kona, County of Hawaii Dear Ms. Maigret: This Firm represents Lava Kuakini, LLC. Our client is proceeding to develop a 14.0 acre Jcel in the North Kona District of the County of Hawaii, identified as TMK (3) 7-5-17 portions of ~i5 and 002. For your information, on December 7, 1999, the State Historic Preservation Division ("SHPD") approved the Department of Public Work's ("DPW") grubbing and grading permits for TMK (3) 7-5- 17:02. On November 28, 2001, SHPD approved DPW's grubbing permit for TMK (3) 7-5-17:05. We are enclosing copies of the tax map in effect at that time and the approval letters for your convenience. Since our client is currently in the process of submitting a State Land Use District Amendment and Change of Zone Application, we aze requesting your expedited review and issuance of a "no effect" clearance letter for the above referenced TMK. If you have any questions, please feel free to contact me at 935-6644. Thank you for your assistance. Very truly yours, Steven S . Li ' Enclosure(s) qe^e_3568-3584.1.057273-00001 HONOLULU ~ KAPOLEI HILO ~ KONA ~ MAUI ~ GUAM 6AIPAN ~ LOS ANGELES EXHIBIT E List of Tax Map Key's of Surrounding Property Owners within 500 Feet State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Lava Kuakini, LLC Owner: Stanley T. Tomono, Trustee under that certain Revocable Trust Agreement dated August 29,1984 Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5-acre" (A-Sa) to Multiple Family Residential-2,500 s.f. (RM-2.5) Tax Map Key: (317-5-017 Portions of 005 and 002, Lot 3A (14.00 acres) The following tax map keys are within the 500 feet from the perimeter of the subject property. Attached is a list of the TAX MAP KEY, LANDOWNER AND MAILING ADDRESS of the above listed properties on file with the Department of Finance, Real Property Tax Division as required by Section 25-2-4(c). 7-5-017:001 7-5-030:009 7-5-030:037 7-5-017:002 7-5-030:010 7-5-030:038 7-5-017:004 7-5-030:011 7-5-031:002 7-5-017:005 7-5-030:012 7-5-031:004 7-5-017:019 7-5-030:013 7-5-031:005 ~1 7-5-017:023 7-5-030:014 7-5-031:006 7-5-017:030 7-5-030:015 7-5-031:007 7-5-017:031 7-5-030:016 7-5-031:008 7-5-017:033 7-5-030:017 7-5-031:009 7-5-017:037 7-5-030:018 7-5-031:010 7-5-017:038 7-5-030:019 7-5-031:011 7-5-017:039 7-5-030:020 7-5-031:012 7-5-018:043 7-5-030:021 7-5-031:013 7-5-018:061 7-5-030:022 7-5-031:014 7-5-019:001 7-5-030:024 7-5-031:015 7-5-019:038 7-5-030:025 7-5-031:016 7-5-019:039 7-5-030:027 7-5-031:017 7-5-019:040 7-5-030:028 7-5-031:018 7-5-030:001 7-5-030:029 7-5-031:019 7-5-030:002 7-5-030:030 7-5-031:020 7-5-030:003 7-5-030:031 7-5-031:021 7-5-030:004 7-5-030-032 7-5-031:022 7-5-030:005 7-5-030:033 7-5-031:023 7-5-030:006 7-5-030:034 7-5-031:024 7-5-030:007 7-5-030:035 7-5-031:025 7-5-030:008 7-5-030:036 7-5-031:026 -1- 7-5-031:027 7-5-031:042 7-5-031:057 7-5-031:028 7-5-031:043 7-5-031:058 7-5-031:029 7-5-031:044 7-5-031:059 7-5-031:030 7-5-031:045 7-5-031:060 7-5-031:031 7-5-031:046 7-5-031:061 7-5-031:032 7-5-031:047 7-5-031:062 7-5-031:033 7-5-031:048 7-5-031:063 7-5-031:034 7-5-031:049 7-5-031:064 7-5-031:035 7-5-031:050 7-5-031:065 /-5-031:036 7-5-031:051 7-5-031:066 7-5-031:037 7-5-031:052 7-5-031:067 7-5-031:038 7-5-031:053 7-5-040:011 7-5-031:039 7-5-031:054 7-5-041:036 7-5-031:040 7-5-031:055 7-5-041:052 7-5-031:041 7-5-031:056 7-5-041:053 4834-2201-3952.1.057273-00001 ~ _2_ List of Tax Map Keys, Landowners and Mailing Addresses of Surrounding Property Owners within 500 Feet of TMK (3) 7-5-017 Portions of 005 and 002 3-7-5-17-1 3-7-5-17-37-1 #1 Puaa Development LLC Roger Pammer 75-5608 Hienaloli Rd #25 P. O. Box 1956 Kailua-Kona, HI 96740 Kealakekua, HI 96750 3-7-5-17-2 3-7-5-17-37-2 Stanley Tomono Paul Bleck P. O. Box 327 P. O. Box 4771 Nnnaunan- HT 9677F, Kailua-Kona, HI 96745 3-7-5-17-4 3-7-5-17-38 Joseph & Margaret Gomes Stanley Tomono 75-397A. Hualalai Rd P. 0. Box 327 Kailua-Kona, HI 96740 Honaunau, HI 96726 3-7-5-17-5 3-7-5-17-39 Stanley Tomono Puaa Development LLC Po Box 327 75-5608 Hienaloli Rd #25 Honaunau, HT 96726 Kailua-Kona, HI 96740 3-7-5-17-19 3-7-5-18-43 Westpro Development, Inc. Larry Boot Attn: John Stevens P. O. Box 1418 P. O. Box 2808 Kailua-Kona, HI 96745 Kailua-Kona, HI 96745 3-7-5-18-61 j 3-7-5-17-23 Kona Hawaiian Vacation Ownership, LLC Puaa Development LLC 75-5961 Alii Dr 75-5608 Hienaloli Rd #25 Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-19-1 3-7-5-17-30 Sunstone Kona LLC Waiaha System LLC Pauahi Tower #1250 Attn: Daniel Bolton 1001 Bishop St P. O. Box 898 Honolulu, HI 96813 Kailua-Kona, HI 96740 3-7-5-19-38 3-7-5-17-31 Kona Hawaiian Vacation Ownership, LLC Kona Coffee & Tea Co, Inc. 75-5961 Alii Dr P. O. Box S98 Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-19-39 Erik Lange Saul Siegel P. O. Box 1975 Po Box 22974 Kealakekua, HI 96750 Carmel, CA 93922 3-7-5-17-33 3-7-5-19-40 Brian Cook Kona Hawaiian Vacation Ownership, LLC 75-5608 Hienaloli Rd #25 75-5961 Alii Dr Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-17-37 Paul & Cynthia Bleck Po Box 4771 Kailua-Kona, HI 96745-4771 4817-0910-6176.1.057273-00001 3-7-5-30-1 3-7-5-30-13 Inez Corenevsky Carol Okuna 800 Third St Apt C169 75-5941 Pamalo PI Laie, HI 96762 Kailua-Kona, HI 96745 3-7-5-30-2 3-7-5-30-14 Carolyn Smith Venerando Utrera P. O. Box 1082 75-5943 Pamalo PI Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-30-3 3-7-5-30-15 Suetaka Fukunaga Pedro Padillio 5 5943 Pumehana I'I 75-5946 Pamalo PI Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-30-4 3-7-5-30-16 Henry Santiago Edward Dacayanan P. O. Box 285 75-5944 Pamalo PI Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-30-5 3-7-5-30-17 Curtis Spencer William Santana Box 4474 75-5942 Pamalo St Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-30-6 3-7-5-30-18 Mario Oandasan Arellano Robert Hill 75-5946 Pumehana Place 75-5940 Pamalo PI Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-30-7 3-7-5-30-19 Robert Davison Feliciano Galacio P. O. Box 324 P. O. Box 2321 Coupeville, WA 98239 Kealakekua, HI 96750 3-7-5-30-8 3-7-5-30-20 Bruce & Flores Kalino Glenn Yano 75-5942 Pumehana PI 81-6355 Keopuka Mauka Kailua-Kona, HI 96740 Kealakekua, HI 96750 3-7-5-30-9 3-7-5-30-21 Michiko Char Kenneth Takaki P. O. Box 330585 75-218 Onioni St Kahului, HI 96733 Kailua-Kona, HI 96740 3-7-5-30-10 3-7-5-30-22 Coline Aiu Ferranti Teodulo ]uanich P. O. Box 23075 75-214 Onioni St Honolulu, HI 96822 Kailua-Kona, HI 96740 3-7-5-30-11 3-7-5-30-24 Nolan Correa Glacs LLC 75-5937 Pamalo Place ATTN: CB Richard Ellis Hawaii, Inc. Kailua-Kona, HI 96740 1001 Bishop Street, Suite 2000 Honolulu, Hawaii 96813 3-7-5-30-12 Michael David 75-5939 Pamalo Place Kailua-Kona, HI 96740 asn-onto-vt~~.t os~z~3-oooot 3-7-5-30-25 3-7-5-30-38 Madeira Hawaii Partners Melanin Oandasan P. O. Box 133 P. O. Box 5023 Holualoa, HI 96725 Kailua-Kona, HI 96745 3-7-5-30-27 3-7-5-31-2 Zane Fujimoto Austin Watkins P. O. Box 156 75-438 Hualalai Rd Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-30-28 3-7-5-31-4 Vaughn & Michelle Taylor Ronald Denis 75-221 Oni Oni St P. O. Bor. 1042 Kailua-Kona, HI 96740 Kailua-Kona, HI 96745 3-7-5-30-29 3-7-5-31-5 Lisa Choquette Sandra Doherty Box 2955 P. O. Box 38 Kailua-Kona, HI 96745 Clare, MI 48617 3-7-5-30-30 3-7-5-31-6 Gay Okada Palemon Dela Torre Box 1505 P. O. Box 4266 Kailua-Kona, HI 96745 Kailua-Kona, HI 96745 3-7-5-30-31 3-7-5-31-7 Shizuo Awa George Salcedo P. O. Box 716 84-694 Farrington Hwy #A. Kailua-Kona, HI 96745 Waianae, HI 96792 3-7-5-30-32 3-7-5-31-8 Howard Alapai James Simpson P. O. Box 2391 75-5954 Pumehana Way Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-30-33 3-7-5-31-9 Robert & Brenda Torricer Russell & Patricia Gamby Box 643 604 Taper Drive Kailua-Kona, HI 96745 Seal Beach, CA 90740 3-7-5-30-34 3-7-5-31-10 Tobias Johnson Alberto Timosan 75-233 A Oni Oni 75-5950 Pumehana Way Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-30-35 3-7-5-31-11 Albert David William Hing P. O. Box 1421 44333 Freer Way Kailua-Kona, HI 96745 Lancaster, CA 93536 3-7-5-30-36 3-7-5-31-12 Florentino Isidro Danilo Urbanez 75-235 Pumehana St 75-264B. Onioni St • Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-30-37 3-7-5-31-13 Restituto Galvez Kenneth Akana 75-237 Pumehana St 75-264 A. Onioni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 4817-0910-6176.1.057273-00001 3-7-5-31-14 3-7-5-31-26 Stone Uluave, etal Sumiko Yamamoto 75-262 Oni Oni Street 75 241 Oni Oni Street Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-15 3-7-5-31-27 Stanton Caluag Richard & Janice Halmas P. O. Box 1914 75-245 Oni Oni St Kailua-Kona, HI 96745 Kailua-Kona, HI 96740 3-7-5-31-16 3-7-5-31-28 Beverly Antolin Danilo Blanco f . O. Bo:: 1252 P. 2 Bex 4942 Kailua-Kona, HI 96745 Kailua-Kona, HI 96745 3-7-5-31-17 3-7-5-31-29 Griffith Olinares Kent Simmons 75-256 Ono Oni St 75-5784 Waiola PI Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-18 3-7-5-31-30 Magnolia Oandasan-Gaytan Francis Waiau 75-252 Oni Oni St 75-251 Oni Oni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-19 3-7-5-31-31 Carolyn Valenzuela Douglas Branch P. O. Box 773 P. O. Box 391051 Kealakekua, HI 96750 Keauhou, HI 96739 F„ ~ 3-7-5-31-20 3-7-5-31-32 - Robert Loando Michael & Starlani Manila 75-248 Onioni St 75-255 Oni Oni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-21 3-7-5-31-33 Luther & Ida Kahoalii Myrtle Bush 75-246 Oni Oni St 75-257 Oni Oni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-22 3-7-5-31-34 Frank Gomes Derek Lee 75-244 Onioni St 75-259 Onioni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-23 3-7-5-31-35 Eldridge Foronda Michael John Smith 75-242 Oni Oni St 78-7256 Puuloa Rd Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-24 3-7-5-31-36 Himeo Hanato John & Louisa Fuellas 75-240 Oni Oni Street 75-263 Oni Oni Street Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-25 John Senn P. O. Box 2021 Kailua-Kona, HI 96745 4817-0910-6176.1.057273-00001 3-7-5-31-37 3-7-5-31-49 David Vander Hoek Russell & Martha Unger 75-265 Oni Oni St Po Box 231 Kailua-Kona, HI 96740 Kailua-Kona, HI 96745 3-7-5-31-38 3-7-5-31-50 Julia Daniels Isidro Oandasan 75-264 Pumehana 75-237 Oni Oni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-39 3-7-5-31-51 Carmen Mills Ernestina Tenoso 75-260 Pur~~ehar~a St 75.241 Pumehana Street Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-40 3-7-5-31-52 Richard & Pauline Evans Richard Soares 75-258 Pumehana St 75 243 Pumehana St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-41 3-7-5-31-53 Alan Estencion Roy Lewi 75-256 Pumehana Street 75-245 Pumehana Street Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-42 3-7-5-31-54 Paul Muranaka Kathryn Ward-Smith P. O. Box 390673 75-247 Pumehana St Keauhou, HI 96739 Kailua-Kona, HI 96740 ~ 3-7-5-31-43 3-7-5-31-55 John & Annie Leong Manuel & Phoebe Belanio 75-252 Pumehana St P. O. Box 363 Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-44 3-7-5-31-56 Karen Caron Tobias Johnson 75 250 Pumehana St 75-233 A. Oni Oni St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-45 3-7-5-31-57 James Paul Morris Graciidis ]r. 73-4417 Huehue St P. O. Box 234 Kailua-Kona, HI 96740 Kailua-Kona, HI 96745 3-7-5-31-46 3-7-5-31-58 )ack Loando Kaumoana Hewlen 75-246 Pumehana Stree[ 75-257 Pumehana St Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 3-7-5-31-47 3-7-5-31-59 Samuel Elarionoff Raymond Yoshida 571 Ulukou Street 75259 Pumehana St Kailua, HI 96734 Kailua-Kona, HI 96740 3-7-5-31-48 Wilmer Sonson 75-242 Pumehana Street ' Kailua-Kona, HI 96740 4817-0910-6176.1.057273-00001 3-7-5-31-60 3-7-5-41-62 Sancho Ibanez Schuler Homes, Inc. P. O. Box 1193 828 Fort St Mall 4th Floor Kealakekua, HI 96750 Honolulu, HI 96813 3-7-5-31-61 3-7-5-41-63 Harry & Kathleen Kuikahi III Schuler Homes, Inc. 75-263 Pumehana St 828 Fort St Mall 4th Floor Kailua-Kona, HI 96740 Honolulu, HI 96813 3-7-5-31-62 Gregory Stephens Sr. 7~-265 Pumehana ~t Kailua-Kona, HI 96740 3-7-5-31-63 Oscar Friels Jr. 75-265 A. Pumehana St Kailua-Kona, HI 96740 3-7-5-31-64 Ethel Greenfield C/O: Arthur B Reinwald Po Box 3199 Honolulu, HI 96801 3-7-5-31-66 Romy Lukeala, et al 75-269 Oni Oni Street Kailua-Kona, HI 96740 1~.~ 3-7-5-31-66 David William Nerger 75-271 A. Oni Oni Street Kailua-Kona, HI 96740 3-7-5-31-67 Barbara Sharon Higa 75-271 Oni Oni St Kailua-Kona, HI 96740 3-7-5-40-11 Winton Nicholson 75-6105 Akoa Street Kailua-Kona, HI 96740 3-7-5-41-36 Schuler Homes, Inc. 828 Fort St Mall 4th Floor Honolulu, HI 96813 4817-0910-6I 76.L057277-00001 ri ar Harry Kim wiuiam rakaba Finance Director Mayor ~~oi•w?~ County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX ttupuni Center IOi Pauahi St, Ste4 Hilo, Hawaii 96720-0224 • Fos{505)961-8415 Appraisers (808) 961-5354 • Clerical (808) 961-8201 • Collectious (808) 961-8282 REAL PROPERTY TAX CLEARANCE (rev. 07/99) June 13, 2005 TMK(s): (3) 7-5-017-002-0000 7-5-017-005-0000 This is to certify that Stanley T Tomono Trs (owner of record) has paid all real property taxes due to the County of Hawaii up to and including June 30, 2005. This real property tax clearance was requested by Lava Development LLC and is issued only to the parcels referenced above. Reference: By ~ ~ ~/f!/I"I.G~ifi Toni Ann Shi asaki, Tax Clerk Collections REAL PROPERTY TAX DIVISION County of Hawaii is an equal opportunity provider and employer. #16622.5 State La iseBoundaryAmendment-Agriculturalt ban STATE LAND USE BOUNDARY AMENDMENT FROM AGRICULTURAL TO URBAN FOR LOT 3-A La~~d situated an the Northeasterly side of Kuakini Hiyhway (F.A.S.P. Nn. 5-229 (1)} at Kahului 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 3-A; and Being a portion of: Grant 1868 to Kaupena. Beginning at the Northwesterly corner of this parcel of land, being also the Southwesterly corner of Lot 2-A of this subdivision and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229 (1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 6,168.35 feet South and 4,653.86 feet East and running by azimuths measured clockwise from True South: Thence, for the next eight (8) courses following along the remainder of Grant 1868 to Kaupena: 1. 214° 40' 23" 343.16 feet along Lot 2-A of this subdivision to a point; Thence, following along Lots 2-A and 1-A of this subdivision on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 2. 253° 28' 06" 877.16 feet to a point; Thence, for the next six (6) courses following along Lot 1-A of this subdivision: 3. 292° 15' 49" 159.31 feet to a point; nis62z.5 Page 1 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #16622.5 State La ~e Boundary Amendment -Agricultural t 'ban 4. 22° 00' 595.57 feet to a point; 5. 95° 00' 244.47 feet to a point; 6. 80° 00' 160.00 feet to a point; 7. 35° 00' 140.00 feet to a point; 8. 20° 00' 110.00 feet to a point; 9. 124° 40' 536.70 feet along the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229 (1)) to the point of beginning and containing an area of 14.000 Acres. SUBJECT,HOWEVER, ZoneX(areasdeterminedtobeoutsidethe500-yearfloodplain); Zone AE (special flood hazard area inundated by 100-year flood with base flood elevations determined) and a portion of the Waiaha Drainageway Floodway as per Flood Insurance Rate Map (F.I.R.M.) Community-Panel Number 155166 0713 D, revised May 16, 1994. ALSO SUBJECT, HOWEVER, the Proposed Alii ParkwayAlignment (as percurrent right-of- way map prepared by R.M. Towill Corporation and shown in more detail on the subdivision plat map ~.3~-~ on file with the County of Hawaii Planning Department. Q~~~P~ T, yq~q WESj~~T7HOMAS ASSOCIATES UCENSEO y U~ PROFtSS~ONAL LAND * SURVEYOR * Chrystal Thomas Yamasaki No. 4331 irgwAil V5P• Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-5-017: portions 002 and 005 (3rd Division) February 24, 2005 #tsszz.s Page 2 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 a w+g _ w . i3!_ ! Y a~ "s ~ \f 5 ~ [ey 4Y 4 ~ ~~~~~fl a~~ RY MI.I~II I`~u~^A y~O ` I 'R~j\II ' O ! ~ ~y~'':\I\ ~ ~ v NF \ - I! fi~~~`\ I M1 j{ N~ a / ~ 0 ^ t I ~ ~ ` y'R q a ~ ~ i xR j , b " i jy j ~ ~J ° `~i i 1~ a ~ Y ~ I ~ \ ' p4 % 11~ YY II \ ~ ~J 1 F 11 E I ~ \ ! q ~ `\`\1111 / R ~ x a~i ^ ~ { ~ ~ a €c lzj{{e ~8 ~ f~§~a &sa a ,,((jj~33 #16622.5 Proposed "hange of Zoning Designation from A-5a to'" q-2.5 PROPOSED CHANGE OF ZONING DESIGNATION FROM A-5a TO RM-2.5 FOR LOT 3-A Land situated on the Northeasterly side of Kuakini Highway (F.A.S.f'. Nc. S-229 (11) at Kahului 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being the whole of: Lot 3-A; and Being a portion of: Grant 1868 to Kaupena. Beginning at the Northwesterly corner of this parcel of land, being also the Southwesterly corner of Lot 2-A of this subdivision and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229 (1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 6,168.35 feet South and 4,653.86 feet East and running by azimuths measured clockwise from True South: Thence, for the next eight (8) courses following along the remainder of Grant 1868 to Kaupena: 1. 214° 40' 23" 343.16 feet along Lot 2-A of this subdivision to a point; Thence, following along Lots 2-A and 1-A of this subdivision on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 2. 253° 28' 06" 877.16 feet to a point; Thence, for the next six (6) courses following along Lot 1-A of this subdivision: 3. 292° 15' 49" 159.31 feet to a point; #1ss22.5 Page 1 of 2 WES THOMAS ASSOCIATES -Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #16622.5 Propose' "hange of Zoning Designation from A-5a to "'t-2.5 4. 22° 00' 595.57 feet to a point; 5. 95° 00' 244.47 feet to a point; 6. 80° 00' 160.00 feet to a point; 7. 35° 00' 140.00 feet to a point; 8. 20° 00' 110.00 feet to a point; 9. 124° 40' 536.70 feet along the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229 (1)) to the point of beginning and containing an area of 14.000 Acres. SUBJECT,HOWEVER, ZoneX(areasdeterminedtobeoutsidethe500-yearfloodplain); Zone AE (special flood hazard area inundated by 100-year flood with base flood elevations determined) and a portion of the Waiaha Drainageway Floodway as per Flood Insurance Rate Map (F.I.R.M.) Community-Panel Number 155166 0713 D, revised May 16, 1994. ALSO SUBJECT, HOWEVER, the Proposed Alii ParkwayAlignment (as percurrent right-of- way map prepared by R.M. Towill Corporation and shown in more detail on the subdivision plat map on file with the County of Hawaii Planning Department. WES THOMAS ASSOCIATES ~~~PL T. VgM~s Q' 41CENSEO '9 //y~v ~j~~7~ - `vu`-~ U PROFESSIONAL ~ l c l LAND ,t suRVEroR * Chrystal Thomas Yamasaki No. a33+ Licensed Professional Land Surveyor P State of Hawaii Certificate No. LS-4331 ygwAll,Jf' 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-5-017: portions 002 and 005 (3rd Division) February 24, 2005 n+sszz.5 Page 2 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 / } LL rim cn k ` 8 tl ~ r a d73_ ~I M1 ~ I ~ ~ `Ei 1x ~ a i 8 x x„ alai ~ ~ E pr' > ~ ~ 3," M1 a ~ ~ # a a YfF s g^: tic g $ C 8 I ~ } a~2 1 8 ~ =v x, nt -"'r Y II ~~I I ~ 1yI 1 ~\x:11 J d n\ I ~ C .O I ~ I ; 1 ~ ~/ir i§jn \ /'Ii ~ 4 2 2 co C 4 ~ ~ l i ~°~'v~''~ ~.BR~ ~ c Yg' 0 ~ \I +c da p, Qa VI % I c \ Y O O c O ~ i ~1 m \l iY % , / x v \1~ 1I1 ~ I\~\ % 1,. t ~ ~~\V~` ~ ~ ~ j1 \ e ~ ~~j~1 , ~ ~5~; Y w a ~ z C ac rr &-]2`,?,f 7,1~~n y~~ 'i:_r)s±SY.Qnt2e?; iTPP.P,';7. ~QYO1 Director •pl w. +o!~P~ 9TF Oi ~H~' Roy R. Takemoto Deputy Direcor ~Cnagrnf~r tsfirttii z-.:nom ~ ~ rr~ ;august i, z00~ , (isQ&)~nt dJiiK raxiiiiih)~nP a~bz Chrystal T. Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street Kailua-Kona, HI 96740-1818 Dear Ms. Yamasaki: FINAL SUBDIVISION APPROVAL N0. SUB04-000153 FINAL PLAT MAP SUBDIVIDER: TOMONO, Stanley T., Trust Proposed Consolidation of Lot 1, Being Portions of Grant 1868 and R.P. 1669, L.C. Aw. 8516-B, Ap. 3, and Lot 2, being a Portion of R.P. 1669, L.C. Aw. 8516-B, Ap. 3, and Lot 3, being a Portion of Grant 1868 and Resubdivision into Lots 1-A, 2-A & 3-A Kahului 15P & 2~d, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:002 005, 038 This is to acknowledge receipt of ten (10) copies of the final plat map dated June 30, 2005; diskette of final plat map with a .dwg file; Certification of Staking; and Real Property Tax Clearance for the referenced application. Please be informed that final subdivision approval for recordation is hereby granted to the final plat map as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have been met. You and the subdivider may wish to consult an attorney for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. By a copy of this letter, we are forwarding a copy of the certified final plat map to the listed officers for their file. Hawai `i County is an Equal Opportuzzity Provider and Employer EXH BIT Chrystal T. Yamasaki, LPLS Wes Thomas Associates Page 2 August 1, 2005 Copies cf the certified final plat map are enclosed. _~r-r-l~ CH TOPHER J. YUEN Pla ing Director ETC:Inm PtIW P6USU BDI V~DocumentslSubc200S315UB-04000153TomonoFPMFSA.doc Encs. - 2 Certified FPM xc: Manager, DWS w/Certified FPM Director, DPW w/Certified FPM District Environmental Health Program Chief, DOH w/Certified FPM District Engineer, DOT w/Certified FPM PLNG-KONA w/Certified FPM DPW-ENG-KONA Tax Maps and Records Supervisor I w/Certified FPM & diskette Real Property Tax Division-Kona w/Certified FPM Stanley T. Tomono Trust SUB 3758-B, 4938, 7570; SMA 386 L~f I I -1 ai x ~ _ ~ ~ Q T S if; c § ~ f~ < _ ~ cx Y n °'cs~y a ~ ~ yY Y ~ t Rgtt I ~ ~ I ~/I a I ~ ° N 2 v ~i: _ a ~C oa ~I can 8 I ~ L ~ ~'",-„gin 2Z ~m °m _ ti 3 ~~a~2 -Cep ~ ;O I N C I h O ~ O 4 I l YIp4 ~O o ch p a~ p U O Yw a~ aJ v ~W J OW J 2 Q~ ; IT; ° ~ C ~ § OQ '~Q C Z ° C x v O p ~ v O_i ~i ° S wgia^.F a o 'Sa '~~~1~ a° e ~ ° m o ° ~ EB~~~ N ~ yp M.Fg: 99 v a_ 4 m O Q y d" ~ pK K Z ° ~ i ii Q ;A ~i i ~ ` ~ .tea ~,j , "w, ~ - F ~ I~~~ I i 1 ~`r. ~ ~ n'b ~A 3 ~ \ hl I I Qp ~ 4 _ . I ! ~ I ~ ~ 4Qyi ¢ % 3 o m ^a ~ ti_ ~ ~l~... O~c S p 5 p F.~ T ~ JA ii v i .y vF'~ ~ ~ I \ § ~ 111 .rt,~ ~ :"`@' F ' . ~ x ~;t~' aa ~ I ' 1s eg ~ - ~ a~ - ~'~*w~. ' a ~ ~ pp«' ~ Azj ~ i d "i r § ~ : a f~ Tam .i+ ~ ~ ? Ef ~ ~ ~~~a ~J ~ e ;a i ~I, i W € ~~g s~Sf~S. F % et & sF < / ~ _ AGE, ~ g§~q « x g F x [~p y c - i it i~ ~ tl 4 let F 4 s r - ~ § i _ ~ ~ .1~~ § ~ my ~ ~ ~ ~ }e ~yg ~i j g E n 3 \a\ 6 ~ I~4 0 ^ 3~ $ g95~, d6kl~Ba gpg f ra=; ~ is g Sae eFE ygs~= S P _ S1 . g~ t~i2 ® N $ } ~eg DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 26, 2005 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief Engineering Division SUBJECT Change of Zone Application (REZ 05-013) State Land Use Boundary Amendment Application (SLU 05-004) Applicant: Lava Kuakini, LLC Location: Kahului is' and 2"d, N. Kona, HI TMK: 3 / 7-5-017: pors 2 and 5, Lot 3A We reviewed the subject application and our comments are as follows: To avoid environmental conflicts with proposed roadway projects in the area, the applicant should not be given additional development entitlement prior to, or if given, the requested entitlement should be conditioned on the completion of the widening of Kuakini Highway to four lanes from Hualalai Road to Kahului to Keauhou Parkway and Kahului to Keauhou Parkway to include the connection from Kuakini Highway to Queen Kaahumanu Highway. DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW, prior to the issuance of any construction permit. 2. The Waiaha Drainageway, with an approximate base flood discharge of 7110 cubic feet per second, affects the subject parcel as designated by the Flood Insurance Rate Map (FIRM), dated May 16, 1994. Any new construction or ~ substantial improvements within the flood zone AE will be subject to the requirements of Chapter 27 -Flood Control, of the Hawaii County Code. m The Waiaha Drainageway is relatively undefined and the existing AE flood zone K boundary is of questionable accuracy. The applicant is advised that a study has W been prepared by the consultant for the Kahului to Keauhou Parkway for the Kuakini Highway culvert replacement and is pending submittal to FEMA for review. We would not recommend the drainageway be considered usable for any active use as a park as it is subject to high velocity flash flooding. Prior to issuance of any construction permit, the applicant shall submit to DPW, ~OS~~~ flood study for Waiaha Drainageway within the subject property, prepared by a Memorandum to PD-REZ 05-013 September 26, 2005 Page 2 of 3 licensed professional civil engineer. If required by DPW, the applicant shall submit the study to the Federal Emergency Management Agency (FEMA) and obtain a Letter of Map Change (LOMC) prior to the issuance of a construction permit. The study shall also recommend, and the applicant shall construct, prior to the issuance of a certificate of occupancy, remedial improvements to render the subject property reasonably safe from flooding by the base flood event, including but not limited to interceptor channels, revetments, permanent erosion control and hazard barrier fencing. Channelization shall be according to the County of Hawaii Storm Drainage Standards and shall meet with the approval of the DPW. 3. A portion of the subject property is needed for a collection basin, with maintenance access road, at the upstream end of the proposed culvert replacement for Waiaha Drainageway at Kuakini Highway. Upon request but prior to the issuance of any construction permit, a portion of the subject parcel, as determined by the Department of Public Works, shall be encumbered with a drainage and access easement in favor of the County or shall be subdivided and conveyed to the County at no cost to the County, for the culvert project and culvert maintenance access. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. Kuakini Highway, fronting the subject property, is an existing County arterial street. It has an approximate 22-ft. wide pavement (in fair to good condition), with paved shoulders all within an approximate 80-ft. right-of-way. The Department of Public Works has entered into a contract to prepare the necessary environmental documents for the extension of the Kuakini Highway improvements from Hualalali Road to the Kahului to Keauhou Parkway. 2. Kahului to Keauhou Parkway a collector street as proposed in the current Hawaii County General Plan Ord. 05-25. Based on the current construction plans, Kahului to Keauhou Parkway is aligned to front along the northern boundary of the subject property, intersecting with Kuakini Highway. 3. Access to and any improvements (including roadway and utilities) within Kuakini Highway and the future alignment of Kahului to Keauhou Parkway, including the provision of adequate sight distances, shall meet with the approval of DPW, prior to the issuance of a certificate of occupancy. All sight distances shall meet the current guidelines of A Policy on Geometric Design of Highways and Streets (ASSHTO). Memorandum to PD-REZ 05-013 September 26, 2005 Page 3 of 3 4. The proposed alignment and right-of-way for Kahului to Keauhou Parkway has been determined by the Department of Public Works and shall be reserved by easement in favor of the County for future roadway improvements prior to the issuance of any construction permit and be conveyed to the County upon request at no cost to the County. 5. A 30- foot wide portion of the subject property is needed along the frontage of Kuakini Highway for planned improvements to Kuakini Highway and the intersection with Kahului to Keauhou Parkway. Upon request but prior the issuance of any construction permit, a portion of the subject parcel, as determined by the Department of Public Works, shall be subdivided and conveyed to the County, at no cost, for widening Kuakini Highway. 6. If determined to be warranted by a traffic impact analysis report, the applicant shall provide full improvements to Kuakini Highway consisting of, but not limited to, pavement widening, a dedicated left turn storage lane, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. The applicant shall construct all improvements as a condition of final subdivision approval or certificate of occupancy, at no cost to the County. 7. A common access to the subject property and Lot 1-A from the future Kahului to Keauhou Parkway, shall be provided, aligned with a connection to Iliana Street on the north side. Any additional access will be limited to right-in right-out only when the Kahului to Keauhou Parkway is constructed along the subject property frontage. 8. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. TRAFFIC Although warranted by the number of proposed dwelling units, no Traffic Impact Analysis Report has been included in the application. The applicant should be required to submit a Traffic Impact Analysis Report (TZAR) prepared by a licensed professional engineer, to determine if and under what circumstances the existing infrastructure can accommodate these additional housing units and recommended Necessary improvements. Should there be any questions concerning this mater, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA; PLNG-KONA Hawaii County is an Equal Opportunity Provider and Employer fVov 29 O5 02:53p Public Works 808-327-3533 p.l DEPARTMENT OF PUBLIC WORKS ~ COUNTY OF HAWAII HILO, HAWAII M DATE: November 28, 2005 ~ v O ri U a Memorandum " n TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief z Engineering Division LL SUBJECT Change of Zone Application (REZ OS-013) m ~ S State Land Use Boundary Amendment Application (SLU OS-0OaQ ~ ~ ~ ~ Applicant: Lava Kuakini, LLC Location: Kahului 1a1 and 2ntl, N. Kona, HI TMK: 3 / 7-5-017: pons 2 and 5, Lot 3A We reviewed the subject application and our revised comments are as follows: To avoid environmental conflicts with proposed roadway projects in the area, the applicant should not be given additional development entitlement prior to, or if given, the requested entitlement should be conditioned on the completion of the widening of Kuakini Highway to four lanes from Hualalai Road to Kahului to Keauhou Parkway and Kahului to Keauhou Parkway to include the connection from Kuakini Highway to Queen Kaahumanu Highway. DR,4/NAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW, prior to the issuance of any construction permit. 2. The Waiaha Drainageway, with an approximate base flood discharge of 7110 cubic feet per second, affects the subject parcel as designated by the Flood Insurance Rate Map (FIRM), dated May 16, 1994. Any new construction or substantial improvements within the flood zone AE will be subject to the requirements of Chapter 27 -Flood Control, of the Hawaii County Code. The Waiaha Drainageway is relatively undefined and the existing AE flood zone boundary is of questionable accuracy. The applicant is advised that a study has been prepared by the consultant for the Kahului to Keauhou Parkway for the Kuakini Highway culvert replacement and is pending submittal to FEMA for review. We would not recommend the drainageway be considered usable for any active use as a park as it is subject to high velocity flash flooding. Prior to issuance of any construction permit, the applicant shall submit to DPW, a flood study for Waiaha Drainageway within the subject property, prepared by a IYov 29 O5 04:19p Pu61ic Works 808-327-3533 p.l Memorandum to PD-REZ 05-013 September 26, 2005 Page 2 of 3 licensed professional civil engineer. If required by DPW, the applicant shall submit the study to the Federal Emergency Management Agency (FEMA) and obtain a Letter of Map Change (LOMC) prior to the issuance of a construction permit. The study shall also recommend, and the applicant shall construct, prior to the issuance of a cert~cate of occupancy, remedial improvements to render the subject property reasonably safe from flooding by the base flood event, including but not limited to interceptor channels, revetments, permanent erosion control and hazard barrier fencing. Channelization shall be according to the County of Hawaii Storm Drainage Standards and shall meet with the approval of the DPW. 3. A portion of the subject property is needed for a collection basin, with maintenance access road, at the upstream end of the proposed culvert replacement for Waiaha Drainageway at Kuakini Highway. Upon request but prior to the issuance of any construction permit, a portion of the subject parcel, as determined by the Department of Public Works, shall be encumbered with a drainage and access easement in favor of the County or shall be subdivided and conveyed to the County at no cost to the County, for the culvert project and culvert maintenance access. EARTHWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Con#rol, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. Kuakini Highway, fronting the subject property, is an existing County arterial street. It has an approximate 22-ft. wide pavement (in fair to good condition), with paved shoulders all within an approximate 80-ft. right-of--way. The Department of Public Works has entered into a contract to prepare the necessary environmental documents for the extension of the Kuakini Highway improvements from Hualalali Road to the Kahului to Keauhou Parkway. 2. Kahului to Keauhou Parkway a collector'street as proposed in the current Hawaii County General Plan Ord. 05-25. Based on the current construction plans, Kahului to Keauhou Parkway is aligned to front along the northern boundary of the subject property, intersecting with Kuakini Highway. 3. Access to and any improvements (including roadway and utilities) within Kuakini Highway and the future alignment of Kahului to Keauhou Parkway, including the provision of adequate sight distances, shall meet with the approval of DPW, prior to the issuance of a certificate of occupancy. All sight distances shall meet the current guidelines of A Policy on Geometric Design of Highways and Streets (ASSHTO). fVov 29 OS 02:55p Public Works 808-327-3533 p.l Memorandum to PD-REZ 05-013 September 26, 2005 Page 3 of 3 4. The proposed alignment and right-of-way for Kahului to Keauhou Parkway has been determined by the Department of Public Works and shall be reserved by subdivision of the proposed riaht of way to create a separate road lot [easement in favor of the County] for future roadway improvements prior to the issuance of any cert~cate of occupancy tconstruction permit] and be conveyed tc the County upon request at no cost to the County. 5. A 30- foot wide portion of the subject property is needed along the frontage of Kuakini Highway for planned improvements to Kuakini Highway and the intersection with Kahului to Keauhou Parkway. Upon request but prior the issuance of any construction permit, a portion of the subject parcel, as determined by the Department of Public Works, shall be subdivided and wnveyed to the County, at no cost, for widening Kuakini Highway. 6. If determined to be warranted by a traffic impact analysis report, the applicant shall provide full improvements to Kuakini Highway consisting of, but not limited to, pavement widening, a dedicated left tum storage lane, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. The applicant shall construct all improvements as a condition of final subdivision approval or certificate of occupancy, at no cost to the County. 7. A common access to the subject property and Lot 1-A from the future Kahului to Keauhou Parkway, shall be provided, aligned with a connection to Iliana Street on the north side. Any additional access will be limited to right-in right-out only when the Kahului to Keauhou Parkway is constructed along the subject property frontage. S. Any utility poles in the road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. TRAFFIC Although warranted by the number of proposed dwelling units, no Traffic Impact Analysis Report has been included in the application. The applicant should be required to submit a Traffic Impact Analysis Report (TIAR) prepared by a licensed professional engineer, to determine if and under what circumstances the existing infrastructure can accommodate these additional housing units and recommended necessary improvements. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy. ENG-HILO/KONA; PLNG-KONA Hawaii County is an Equal Opportunity Provitler antl Employer a•"~, t1A MAlFf JBapI n 11 ° DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII o` N'f Gf NAw~11'ip 345 KEKUANAO'A STREET, SUITE 20 HILO, HAW AI'I 96720 TELEPHONE (808) 967-8050 FAX (80A7) ,961-8657 September 15, 2005 _ , . TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-004) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ OS-013) REQUEST: A-SA TO RM-2.5 APPLICANT - LAVA KUAKINI, LLC TAX MAP KEY 7-5-017:PORTION OF 002 AND 005 We have reviewed the proposed state land use boundary amendment and change of zone application and our comments are as follows. Based on the prevailing water availability conditions, which are subject to change without notice, a maximum of 50 units of water are available to each existing lot of record. Therefore, a total of 100 units of water would be immediately available for the proposed 212-unit development. Please be informed that each unit of water is equivalent to one dwelling unit, with a maximum usage of 600 gallons per day. The Department has been informed that the applicant is proposing this to be an affordable housing development. Please be informed that the Department is currently working on several capital improvement projects to increase the capacity of our existing water system. In support of affordable housing developments, the Department will make every effort to support the proposed development. However, as there is no time schedule set for completion of these capital improvement projects, we are not able to make a commitment at this time for the remaining 112 units for the proposed development. Should there be any questions, you may contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sin erel yours, . Pavao, P.E. 4 Ma age FMsco EX ~B~T copy -Steven S. C. Lim, Esq., Carlsmi~thAB~all, L /P VVater brircc~~ rroc~re~6... The Department of Water Supply is en Equal Opportunity provider and employer. To file a complaint of tliscriminatioq write: USDA, Director, ORice of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 202509410. Or call (202) 720-5964 (voice end TDD) J,~YY OF rr~~ qq i',„ bi+%~. Harry Kim Barbara Bell Mayor _ Director ~y;~ ~~..yo' 'rF Nelson Ho Deputy Director C~>runtg of ~ttfuttit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 MEMORANDUM Date : August 5, 2005 To CHRISTOPHER YUEN, Plannin~ it for aA From: BARBARA BELL, Direct ~~L' ~ Subject: State Land Use Boundariy Amendment Application (SLU OS-004) Request: Agricultural to Urban Change of Zone Application (REZ OS-013) Request: A-Sa to RM-2.5 Applicant: Lava Kualcini, LLC TMK: 7-5-17:pars 2 & 5 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: y'v~,~ ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: cue-C„'l~ik-~~ _i ~~1~1~~Z~'(~ ~')fi'~~ .6tE-1 ~ ~ ~I ~ CEI SOLID WASTE COMMENTS: \ ^ l l ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction demolition waste should be responsibly reused to ~ its fullest extent. ~ (j<) Ample room should be provided for implementation of a recycling program. Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. K Construction and demolition waste is prohibited at all County Transfer Stations. W ( )Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( )Other: CC: SWD, WWD, T$$ 7343 - ~ ~...,r Hmoni ~i County is an equal opportunity provider and employer. tv w xs~..,,~~ ?re Barbara Bell Director Harry Kim Mayor LOBO TySOr! .,h.a-M' Solid Waste Division Chief County of Hawaii DEPARTMENT OF ENVIItONMENTAL MANAGEMENT 25 Aapuni Street, Room 210.1180. HswW'i %720425L (808) %1SO8i • Far (808) %1-8086 October 13, 2003 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: jli~~ i~~"`~---- Barbara Bell DIRECTOR JNTr or M~~ ' Patricia G. Engelhard ~ w• Director Harry Kim Mayor :;•s;?.w•,r"~ Pamela N. Mizuno i : tf Deputy Director ~fluritp of ~aYnai' i DEPARTMENT OF PARKS AND RECREATION 101 Pauahi Street, Suite 6 • Hilo, Hawaii 96720 (808) 961-8311 • Fax (808) 961-8411 MEMORANDUM August 5, 2005 TO: Chris Yuen Planning Director yr FROM: Pat Engelhard i~c ~I P&R Director ' r SUBJECT: Change of Zone Application REZ OS-013 -Lava Kuakini LLC - TMK 7-5-17:pors 2&5 We note that there are 212 multi-family housing units in this development and that 50% will be "affordable". There will be no land set aside for parks. Comments on page 10 of the application suggest that park space in the North Kona District equate to 63 acres of State and County parks per thousand of population. They include huge, virtually undeveloped State Parks in North and South Kona. There is a shortage of active park space in the Kona area, as evidenced by the crowded conditions and constant use during afternoons, evenings and weekends at the existing County parks in North Kona. Therefore, we would ask that there be a provision in the rezoning to include park space before the occupancy of the first completed home. If that is not possible, fair share fees are acceptable. Thank you for allowing our input. Our staff is available to answer any questions you may have. C: James Komata Hawaii County is an Equal Opportunity Employer and Provider E X H 1 B 1 T r(Y 4F Harry Kim ~-cv: ~ Lawrence K. Mahuna Mayor Police Chief •J.;\ ~~h'oi'M~~• Harry S. Kubojlri _ ~ ~ ~ Deputy Po(ice Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96720-3998 (808) 935-3311 Fax (808) 961-2389 August 15, 2005 TO CHRISTOPHER J. YUEN, PLANNING DI~tECTOR FROM RONALD T. NAKAMICHI, ASSISTANT POLICE CHIEF, ~ AREA II OPERATIONS SUBJECT State Land Use Boundary Amendment Application (SLU 05-004) Request: Agricultural to Urban Change of Zone Application (REZ 05-013) Request: A-5a to RM-2.5 Applicant: Lava Kuakini, LLC Tax Map Key: 7-5-17:pors 2 & 5 As previously commented regarding development, the Department supports the County's proposed policy on the principle of concurrency. Staff has reviewed the above-referenced application and recommends against approving the rezoning based on the following: 1. This proposed subdivision is stating that they will use Alii Parkway as its entry/exit. It is unknown at this time when, if ever, Alii Parkway will be completed. 2. This proposed subdivision is being designed as a cul-de-sac and there are no apparent provisions for north-to-south connections. 3. Much of the traffic generated by this proposed subdivision will end up on the Queen Kaahumanu Highway extension, which is already suffering from severe traffic problems. Staff recommends that approval of this rezoning be contingent upon the resolution of the above issues. Should you have any questions, please contact Major John Dawrs, Area II Operations, at 326-4646, extension 299. ((JJ p "Hawai'i County is an Equal Opportunity Provider and Employer" E X fl'v' T f?S?~! ~~~c4 a• ~9w+, Harry Kim " ~ Darryl J. Oliveira MaYOr Fire Chief ~ Desmond K. Wery ,h Deputy Fire Chief ~ouutp of ~aivai`i FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Havrai ~i 96720 (608) 961-8297 • Fax (608) 961-8296 August 17, 2005 TO: CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM: DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-004) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ OS-013) REQUEST: ASa to RM-2.5 APPLICANT: LAVA KUAKINI LLC TAX MAP KEY: 7-5-17:pors 2 & 5 In regards to the above-mentioned State Land Use Boundary Amendment and Change of Zone application, the following shall be in accordance: Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section maybe 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 ] 0.301 (b). ~p\1 COL 2 iAe ~~o~ Hmm~i'i Counh~ is nn Equa! Oppvrhmih/ Provider and Employer. ~ ~ - •'r' _H Christopher J. Yuen August 17, 2005 Page 2 " 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one £re 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 appazatus and approved signs are installed and maintained indicating the established vertical cleazance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical cleazances or widths aze 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 appazatus 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 appazatus 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 fuming 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. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief" (15%) Christopher J. Yuen August 17, 2005 Page 3 "(k) Obstruction. The required width of any fire appazatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and cleazances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301(c): "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 1 ARR OLIVEIRA Fire Chief JCPapc PATflICIA HAMAMOTO :.INDA LINf-LE GOYEFNpP ~ o SUPERINTENDENT _..i Op` 9h% Fy ~ 0. N + ~ a~ - STATE OF HAWAII DEPARTMENT OF EDUCATION Po. eox zaso HONOLULU, HPWAI'19E804 OFFICE OF THE SUPERINTEPIDENT September 7, 2005 Mr. Christopher J. Yuen Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Lava Kuakini, LLC Applications for State Land Use Boundary Amendment and Change of Zone TMK: 7-5-17: por. 2 & 5, (SLU OS-004) (REZ OS-013) The Department of Education (DOE) has reviewed the applications for Ali'i Parkway Heights, a 212-unit condominium in Kailua, North Kona. The DOE calculates that eventually approximately 46 school-age children will reside in the project. Those students would be expected to attend Kahakai Elementary, Kealakehe Intermediate, and Konawaena High schools, Kahakai Elementary and the Innovations Charter School currently share the Kahakai Elementary campus and the actual total enrollment in the 2004-2005 school year was just 44 students under the facility capacity for that campus. It is uncertain when the Innovations school will leave the Kahakai campus. If they are still at the Kahakai campus during the next five years, the campus will reach its capacity. Kealakehe Intermediate's enrollment in the 2004-2005 school year was 1,052 students, which is just three students under that school's facility capacity. Konawaena High School's 2004- 2005 enrollment is 932 students, well under that facility's capacity. We believe the State Land Use Commission would apply such a condition if the project was on more than 15 acres of land and required their approval to change the property's land use designation from "Agricultural" to "Urban." The DOE suggests the following standard wording for a school contribution condition: EXF~jBiT ~o~~^~° AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER Mr. Cluistopher J. Yuen Page 2 September 7, 2005 The Applicant shall cuntri'oute to the development, funding, and/or oonsiruction of school facilities, or. 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 Department of Education prior to obtaining building permits for any area of development. Lava Kuakini, LLC contends in their application that their project will have "no net increase" in school enrollments. We do not concur with this conclusion. Lava Kuakini, LLC expects its new buyers to come from "existing local populations outside Kona." The DOE's concern is the impact of the proposed project on the schools that will serve Ali'i Parkway. We are unable to shift facilities from those schools currently serving "existing local populations outside of Kona" to serve Ali'i Parkway's schools. It is also highly unlikely that the residential units vacated by people moving to Ali'i Parkway will remain empty. The DOE appreciates this opportunity to review the applications. If you have any questions, please call Rae M. Loui, Assistant Superintendent of the Office of Business Services, at 586-3444 or Heidi Meeker of the Facilities Development Branch at 733-4862. Very truly yours, Patricia Hamamoto Superintendent PH:hy cc: Rae Loui, Asst. Supt., OBS Art Souza, CAS, Honokaa/Kealakehe/Kohala/Koanawaena Complex Area tg OF M9 4P 1y~0jy~a 7i 0 ~ LINDA LINGLE CHIVOME L. FUKINO, M.D. GOVERNOR i p~ DIRECTOR OF HEALTH ~Y.ml. p1®~F STATE OF HAWAII DEPARTMENT OF HEALTH P.o. eoxsls HILO, HAWAII 96721-0916 MEMORANDUM DATE: August 25, 2005 TO: Christopher J. Yuen Planning Director, county of Hawaii FROM: Aaron A. Ueno 41' ~~uDistrict Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment Application (SLU OS-004) Request: Agricultural to Urban Change of Zone Application (REZ OS-013) Request: A-Sato RM-2.5 Applicant: Lava Kuakini, LLC Tax Map Key: 7-5-17:pors 2 & 5 The subject project is located within or near proximity to the County sewer system. The Wastewater Branch supports the sewer requirements made by the County for the proposed project. The Department of Health (DOI-I), Clean Water Branch_(CWB), acknowledges receipt of the subject document on August 5, 2005. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Pazagraph 401(a)(1), a Section 401 Water Quality Certification (WQC) is required for "[a]ny applicant for Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34-05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). EXHI IT ,~Q422'7 Christopher J. Yuen Page 2 August 25, 2005 a. An application for an NPDES individual permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from our website at ht p://www. hawaii. gov/health/environmentaUwater/cleanwater/forms/indi v- index.html. b. An NOI to be covered by an NPDES general pemtit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: http:!/www.hawaii.eovfhealthlenvironmentallwatedcleanwater/formsleenl- index.html. i. Storm water associated with industrial activities, as defined in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. [HAR, Chapter 11-55, Appendix C] ' iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter 11-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges of hydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter 11-55, Appendix G] vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] Christopher J. Yuen Page 3 August 25, 2005 viii. Discharges of treated effluent from well drilling activities. [HAR, Chapter 11-55, Appendix I] ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section 11-55-38, the applicant for an NPDES permit is required to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), or demonstrate to the satisfaction of the DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. If applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 1 I, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 322-1507. Christopher J. Yuen Page 4 August 25, 2005 Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter I 1-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. c. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WORD:SLU05-004.my LINDA LINC,LE ti u • hq RODNEY K. HARAGA GOVERNOR DIRECTOR ~It OepuN Directors °b` BRUCE V. MATSUI - Q® ~ `f BARRY FUKUNAGA - ' ~ ~ ~ ? f, ~y®,--• BRENNON T. MORIOKA BRIAN H. SEKIGUCHI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1924 HONOLULU, HAWAII 96813-5097 November 8, 2005 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Deaz Mr. Yuen: Subject: Lava Kuakini LLC State Land Use District Boundary Amendment (SLU OS-004) and Change of Zone Application (REZ OS-013) TMK: 3rd Div. 7-5-017: 002, 005 por. Thank you for the opportunity to review the applicant's request for land use changes for the affected project site. We have the following comments: 1. We acknowledge that the proposed project does not have direct access to our state highways. The project is, however, another sepazate private development in the azea that will contribute to the cumulative traffic on the surrounding county roads, such as Kuakini Highway and the planned mauka-makai connector road (Alii Pazkway), which intersect or will intersect with and affect our state highways. 2. This project will initially contribute traffic onto Kuakini Highway, which presently intersects with our highway (Queen Kaahumanu Highway Extension/Hawaii Belt Road). Later, when a mauka-makai connector road (part of the future Alii Parkway) is developed, the project would have another access on to this connector road and also contribute traffic in a more direct route to this second intersection with Queen Kaahumanu Highway. 3. We request that a traffic assessment report be prepazed and submitted for our review. The report should fully address the project's impact at these two intersections with our highway. The project's contribution to the cumulative traffic at the intersections will be considered in determining the applicant's proportionate share of any intersection andlor roadway improvements needed to accommodate project traffic. EXHIBIT®0505 Mr. Christopher J. Yuen STP 8.1924 Page 2 November 8, 2005 4. We understand the County is awaze of the collective impact from other individual developments, similar to the subject project, which add to the cumulative traffic on county roads, such as Kuakini Highway and the proposed future Alii Parkway, intersecting our highways. We appreciate the County's continuing efforts to require projects in the area to collectively participate in mitigating such traffic impacts. Thank you for the opportunity to provide our comments. Very truly yours, R YK.H A Director of Transportation I~ONA ~RAFFIC AI:ETY O~A/?AITTEE 75-344 Nani Kailua Dr, Kailua-Kona, H/ 96740 (808) 331-0441 August 31, 2005 Chris Yuen, Director Hawaii County Department of Planning 25 Aupuni Street, Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 05-013), and State Land Use Boundary Amendment (SLU 05-004), for Lava Kuakini LLC Dear Mr. Yuen: The Kona Traffic Safety Committee has carefully reviewed the subject application for change of zone from Ag 5a to RM-2.5, and SLU Boundary Amendment from Agricultural to Urban, to permit development of a housing project consisting of 212 multi-family residences, of which at least 50% would be "affordable" within the meaning of the Hawaii County Code. Although the 14-acre property is described as being east of Kuakini Hwy, north of the Pottery Terrace commercial development, and approximately 250 feet south of the Oni Oni/Kuakini Hwy intersection, our personal inspection and the maps provided with the application disclosed that this is in error. The property is south, not north, of the Pottery Terrace development. In addition to this erroneous description of the location, and the many collating errors we found in the application and supporting documentation, we have the following concerns and comments: Traffic Safety The site plan shows only one access to the property, from a 30-foot extension off Kuakini Hwy on the Alii Hwy right-of-way, which is supposed to be a 'limited-access highway. No provision is made, however, for any safety improvements for the proposed Kuakini Hwy/Alii Pkwy intersection that will be used by the many vehicles to be added by the proposed development. These should include left-turn access and pocket lanes, aright-turn acceleration lane, and traffic control devices such as stoplights, stop signs, or pedestrian-activated crosswalk lights. Nor are there provisions for bicycle and pedestrian safety, such as bike paths, marked crosswalks, and sidewalks. Indeed, the application fails to acknowledge the existence of any traffic safety concerns. We also note that safety will be compromised in the event fire or other disaster blocks the single access/exit route. Accordingly, we recommend that an alternate access route be required. Traffic Congestion Although not directly related to traffic safety, the applicant's assertion that road improvements in the area will not be needed when the area is developed (App., p3) belies credibility. Even without the benefit of a TZAR, which the applicant failed to provide, we can assume that 212 residential units will generate a minimum of 800 to 1000 trips per day, with most of those occurring during the AM and PM peak hours. And those trips will all require use of Kuakini Hwy, atwo-lane road that leads to Hwy 11, EX~IBIT OU4841 2 which already operates at capacity, and to downtown Kailua-Kona, which suffers from gridlock most of the day. Even more incredible is the fact that the inch-thick application acknowledges only that "short-term negative impacts (to traffic) may occur during the construction of the Project roads and infrastructure," and that "construction vehicles will slow area traffic while on the public roadways." (Par 2.2.10) There is no other reference to traffic issues, and no mention is made of the long-term effect of adding 1000 vehicle trips per day to the already overburdened roadway system in the area, an area that will soon see the effects of additional traffic due to the recently approved Puaa/Suffolk "Pualani Makai" project, with 350 residential units and large commercial area less than a mile away. Manifestly, the area roads are not overburdened from the current agrarian use of the parcel, nor would the occupants of the two farm homes that can be built on the land overwhelm them. Our conclusion is that the current infrastructure barely supports the current land use, but that the proposed use, especially when added to the already approved Pualani Makai development, will greatly exacerbate the already unacceptable congestion. In this regard, we note that the STIP has dispersed the Kuakini Hwy widening project into 2009 and beyond, and that the Hawaii County General Plan no longer includes the redundant leg of the Kahalui-Keauhou Pkwy between Kuakini Hwy and the Queen Ka'ahumanu Hwy Extension. Affordable Housing The applicant's proposal to allocate 106 units (50%) for "affordable housing," while commendable, does nothing to alleviate the traffic safety and congestion - concerns outlined above. Although the application acknowledges that new buyers "will probably come from the existing local population that will be relocating from areas outside Kona," (Par 2.2.1) it fails to recognize that the relocating buyers' old residences will be occupied by people using the same congested roadways to reach their employment in North Kona and South Kohala. Thus, while the new buyers' commutes may be reduced or eliminated, their replacements' commutes will take their place. This added housing (affordable or otherwise) is not desirable in this case, absent supporting infrastructure. Recommendation In view of the many indicated shortcomings of the application and our ,stated concerns, we believe that this application should be denied at this time. If approved, however, we urge that it be conditioned upon: 1) Submission of a satisfactory TZAR; 2) Provision of pedestrian, bicycle and traffic safety devices as suggested above; and 3) Provision of access routes not involving the Alii Hwy right of way. Finally, we urge that if approved, occupancy be denied until the above improvements are completed and infrastructure "concurrency" is achieved, including widening Kuakini Hwy to four lanes from Hualalai Road to the project entrance. Thank you for the opportunity to comment. Sincerely yours, Joel E. Gimpel Chair, Public Affairs Cc: Pete Hoffman Angel Pilago Members, Kona Traffic Safety Committee Darrow, Jeff From: Tom Peters [tom@hawaiihomesandland.com] Sent: Wednesday, November 02, 2005 6:10 PM To: chris~uen@co.hawaii.hi.us Cc: 'Steven Lim'; blogranch@aol.com; Valcriv1964@aol.com; ed@hawaiihomesandland.com Subject: Change of Zone Application (REZ 05-013), State Land Use Boundary Amendment Application (SLU 05-004) Revised Site Map incl County D... Chris, Attached for your review is a revised plan that accommodates the County flood plain and culvert relocation as reflected on the drawings produced for the County by RM Towill and provided to us by Kai Emler. In our discussions with both Kai and Ben Ishi of Public Works the County offered to consider the relocation of the culvert maintenance access from the north side of the culvert on Kuakini to within the project, provided that all the same requirements for secure access to the culvert could be met. We believe that relocating the culvert maintenance access inside the project would also have a favorable effect on traffic safety. Therefore, we have re-assumed that maintenance access area (approximately 50' in width) that was shown on the County's plan into our project and relocated the maintenance access as shown. Obviously, this is a conceptual plan but we felt it was important to demonstrate, both to the County and to ourselves, that the County's planned flood plain and culvert relocation into a portion of our property could be accommodated without any loss in density. We would very much like to stay on this month's agenda in order to expedite our governmental approval process fora 50% affordable housing project. Thank you for efforts in this regard. Aloha! Tom Peters for Ed Rapoza EXHIBIT l ~6 p.., a€ ~ Q f ~i=~e j?- i, EE _ t , j' ~i i~3 ~_kt l[~ •S 7' p~ ~'~~a~~~kG 3=~3 ~ _ i .-~.ex?s. z i~ i I i i i i i r y,.. i C ~ ~ i i E E U c 0 _ -O c I c i Q z, ~ ti _ ~?I 4J ~ %7 iF L ~ n(q 1 ~ \ ' \ ? l it _r_ = I ~ i~~ ~ ' o CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 Hao, HAWAII 96721-0666 TELEPHONE 808.935.6644 Fax 808.935.7975 WWW.CARLSMTT'H.COM _ SUM@CARLSMITH.COM 'OUR REFERENCE NO.: ' 057273-1 September 12, 2005 Christopher J. Yuen Planning Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Response to Agency Comments State Land Use Boundary Amendment Application (SLU OS-004) Change of Zone Application (REZ OS-013) Applicant: Lava Kuakini, LLC Tax Map Key: (3) 7-5-17:pors 2 & 5 Deaz Mr. Yuen: This letter is in response to comments received from the Fire Department, Department of Health, Department of Environmental Management and Department of Parks and Recreation relative to the above referenced application. Fire Department The Applicant will comply with all applicable requirements of the Fire Department rules and regulations. D~Te artment of Health The Applicant will comply with all applicable requirements of the State Department of Health regazding NPDES compliance. De~Taztment of Environmental Manaeement The Applicant will comply with all applicable requirements of the Department of Environmental Management with regard to Solid Waste. ®536 HONOLULU ~ KAPOLEI ~ HILO ~ KONA MAUI ~ GUAM ~ SAIPAN ~ LOS ANGELES EXHIBIT Christopher J. Yuen September 12, 2005 Page 2 Department of Parks and Recreation In light of the limited land area for development of the affordable housing units proposed, the Applicant will comply with the fair share fees for park improvements. Should you have any questions, please feel free to contact me. Very truly yours, Steven S . Li 4823-0234-2912.1 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE ? ) P.O. Box 686 HILO, FL4 WAIT 96721-0686 TELEPHONE 808.935.6644 Fax 808.935.7975 - W W W.CARLSMITH.COM SLBd~CARLSMITH.COM OUR REFERENCE NO.: 057273-1 September 12, 2005 Christopher J. Yuen Planning Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Re: State Land Use Boundary Amendment Application (SLU OS-004) Change of Zone Application (REZ OS-013) Applicant: Lava Kuakini, LLC Tax Map Key: (317-5-17:nors 2 & 5 Deaz Mr. Yuen: We are writing to respond to comments made by Department of Environmental Management in their letter dated August 5, 2005 regarding wastewater. They stated, "no County sewer planned for this azea". To the contrary, the Property is accessible to the County sewerline recently constructed within Kuakini Highway fronting the Property. Attached is a copy of an "as-built" map showing the sewerline running along Kuakini Highway fronting the subject property. In addition, the Department of Health in their comment letter dated August 25, 2005, indicated that the subject project is "located within or near proximity to the County sewer system". Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. Very truly yours, Steven S. . Li SSL/lah Enclosure ~ 05367 cc: Lava Kuakini, LLC 4837.9564-6208.1 HONOLULU ~ KMOLEI ~ HILO KONA ~ MAUf GUAM ~ $AIPAN ~ LOS ANGELES Riw TMK:(31-7-5-17:05 F c M' EXI+PU,j.(vopTFJeL'N:~"',= SEWERLWE n~ ° o o iMK:(3)-7-5-17:02 0 0 - c - _ _ 'TAi34.9R x6~~_ J.6Mi17 - ryed - .t .Jt~a --160 c - _ ~ ~ ~HZ ~v. s'h_/cs. og' `Sfi3~~-.~-.?_'`173:0-5-.. ~f,~~Py'I~ \i 118 v. a _Ibl •b ~ ~_ir, R,;~~~ ~ ERWERLINE--/ Say ~ ~ ~ ~ n I o (5'RD Lys 0 CULVERT i Y F` 'ROFILE i = _ y r~ci._ Isr: 69 ; ~RORIZONTQ:1",~• {0' Swuzn~-/+3.43. TMK:( )-7- TPP 6L.- IbT.o ~Z~ < VERTICl~111" ~ - I ="O' °i I' -163.63 3 5-19:01 Snv. Fw -lUa.68 ?eP EL. - IT3.¢¢ n Tnv. D+f-11x+.48 yw.v~-144~u 0 ri 4;-. 5 qµ ~ '~a. ~ ~j ga~rv _ „n ~ ~ TO wEfoM T!~/S CANGra2~5~ S 2e~~u i La 2~z.r~t v~~ /~i 5 t} ea ~~r~~~i t,~-rr~ r~r soNc E sP~c. 4 c.-A~~b,es 'T~'/,u~ ~ ~3c~rco a ~C.-r~ w Go sr U`~s~ 1-~r t~ t-( D~s~ r~ baJ~LoP- Z l~iy TbT~LL4~ q.C~p-/a,JST ~ T' r w~iLE ~~r ycn.D Foe rt.{E Tex f3,4t,~ G~ ,(Cp- ~ Lc./A ,LoNq l i T W ou[.b P..~ ~X T~MEL ~ f34D wiz Q~v~oN~ ~E /.u srr¢~ s1.~,~ocla,~,D / ~Gj 1Jgc..l ~U r -z 1~AD A~~rC)/~5/~ N~ 2 ocJ~ oG Td~~ ~ [mow G~ST bC.vG-V~~~ T~E I~~JTr 7!-~E T/2gF~r'G y,2o/gL X15 w~i2~" ~b2/FCC, G,eos T~ rclT/o~v , D~u~ s , Tim /3cl~u/mix ND/5~ A~~V.D G'OtiSTA~~v T U!5/TS',/f=~eDtiJ T!-~E ~LlGE G~C~26 5D/'-1 ~ OF Tr~f~ ~~~~C-TS .rte" Y~!6 ~1LLOGV 715 SC/f3!>6(JlSID,v 7"D c~GLL//Z ~ GvlLC, !-~A~c1F Tb ~~LC, ~ r~on~2rf~ To y~T ~ w,~ ~M 7~E ~4GG~Jl~T/,vC~ /Z~LIT~• Tc~o Tl~/~r/,~5 I~cv~ ~ l V-~ ~r~~'CTFt1L~ ~2a~2r5-> ~47-' 75- X4.4 R..~i ~,rN4 Pl~. /L~ ~`L~/} tLov9 I~-E r . a 4'b . ~JOt~` any 7 EXHIBIT RLavaKuakiniSLU.jwd-I 1 /17/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LAVA KUAHINI, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU OS-0041 Upon cazeful review of the request, the Planning Director is recommending that a favorable recommendation for the State Land Use Boundary Amendment be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This 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 the reclassification actions be inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and the County General Plan. The applicant is requesting a redesignation of the subject property from Agricultural to Urban to enable the development of a 212-unit housing project, which will help address the housing needs of the community. According to the Hawaii Land Use Commission Rules, one of the standards for considering an azea for urban reclassification is 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 subject property conforms to this standazd, as it is directly contiguous with existing urban areas to the north, west and south, which aze zoned for single-family and multiple-family residential uses. These urban lands include the Kona Hillcrest Subdivision to the north, the Pualani Estates Subdivision to the southeast and the Kahakai Estates Subdivision to the south and several condominiums located across Kuakini Highway to the west. The applicant will help address the growing housing needs for the region and will provide the community with further affordable housing that will take advantage of the site's positive physical and regional attributes. By -1- targeting the project area for affordable housing, the applicant will meet the urban expansion needs in a manner that is in agreement with the long-range community plans as expressed in the County General Plan. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. b. The orderly development of residential aeeas sensitive to community needs and other land uses. c. Effectively accommodate the housing needs of Hawaii s people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. e. 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. The request would be consistent with the above listed goals, objectives and/or policies articulated in the Hawaii State Plan as it will provide greater opportunities for Hawaii's people to purchase an affordable home in an area where housing has become scarce and costly. The reclassification action would conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. The Urban District request would be consistent with the goals and polices of the Land Use and Housing Elements of the Hawaii County General Plan by creating a mix of residential housing opportunities and maintain a housing supply that allows a variety of choices for residents of the North Kona district. The request will also provide needed affordable housing for the North Kona district. 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 -2- 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 also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion and Medium Density Urban. The Urban Expansion Area designation allows for a mix of high density, medium density, low density, industrial, industrial-commercial andfor open designations in areas where new settlements maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Medium Density Urban designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family --up to 35 units per acre). The proposed request is to develop a 212-unit housing project, which will help address the housing needs of the community. The applicant is proposing that a minimum of 50% of the unit will be allocated as affordable housing. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. The subject property is located on Kuakini Highway within close proximity to several residential neighborhoods. Therefore, the lands could be characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. Surrounding properties consist of a variety of residential neighborhoods and some vacant lands. To the north is the Kona Hillcrest Subdivision, a 101-lot residential subdivision is situated to the north of the project site on lands zoned RS-7.5. The recently approved Suffolk Investment, LLC and Puaa Development, LLC projects aze located to the southeast. Suffolk Investment, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Multiple Family Residential (RM-2.5) to allow the development of a 250-unit market rental housing project. Puaa Development, LLC requested a State Land Use Boundary amendment from Agricultural to Urban and a Change of Zone from Agricultural (A-Sa) to Neighborhood Commercial (CN-20) to develop a neighborhood commercial shopping center. South of the project area, across Kuakini Highway, is the Kona Sea Villas Condominiums on land zoned RM-7. Further south is Kahakai Estates, a 101-lot residential subdivision on lands zoned RS-10. West of the project azea, across -3- Kuakini Highway, are lands zoned RM-7 and RM-4 consisting of condominium projects such as Kona Hawaiian Village and Kona Sea Ridge. 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 project site is located approximately two miles from the Kailua Village core and from the commercial centers along Hemy Street, all of which offer a concentration of retail and employment opportunities. The police, fire and emergency medical services are also located in Kailua Village, approximately two miles from the subject property. The principal access to the proposed development would be from Kuakini Highway, which is a State owned, County maintained roadway with a 22-foot wide pavement within an approximate 80-foot right-of--way onto the proposed Alii Parkway right-of way. County water, as well as all other utilities are available to the subject property. Based on the foregoing, the request conforms with the Land Use Commission Rules which encourages urban developments in close proximity to centers of trading and employment, existing developments and to existing services and facilities. The project area includes lands with no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The project site is located within Zone X, an area outside the 500-year flood plain, with a small portion of the southern side of the property located within the AE Zone and the Waiaha Drainageway. Conditions of approval within the accompanying Change of Zone application will be added to address drainage issues on the property. The project area is located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Based on the above findings, the approval of the State Land Lase Boundary Amendment from Agricultural to Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan and the County General Plan. The accompanying draft bill to amend the State Land Use Boundaries Map for the County of Hawaii is provided for your favorable consideration. -4- ill `7 1 1 ~A g ~~1'll `g~ ~ 11 1~~ 1 it 1~1"Lj c~ BILL NO. Z 9g{y~il'~Jf~1~d 1'd ~ 1. ?,N OF.DII~le NCE AMEN_IIING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTi JRAL TO THE URBAN DISTRICT AT KAHULUI 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:POR. 5 AND 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahului ls~, North Kona, Hawaii, shall be Urban: Beginning at the Northwesterly corner of this parcel of land, being also the Southwesterly corner of Lot 2-A of this subdivision and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 6,168.35 feet South and 4,653.86 feet East and running by azimuths measured clockwise from True South: Thence, for the next eight (8) courses following along the remainder of Grant 1868 to Kaupena: 1. 214° 40' 23" 343.16 feet along Lot 2-A of this subdivision to a point; Thence, following along Lots 2-A and 1-A of this subdivision on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 2. 253° 28' 06" 877.16 feet to a point; Thence, for the next six (6) courses following along Lot 1-A of this subdivision: 3. 292° 15' 49" 159.31 feet to a point; 4. 22° 00' 595.57 feet to a point; 5. 95° 00' 244.47 feet to a point; 6. 80° 00' 160.00 feet to a point; 7. 35° 00' 140.00 feet to a point; 8. 20° 00' 110.00 feet to a point; 9. 124° 40' 536.70 feet along the Northeasterly side of Kuakini Highway (F.A.S.P. No. S-229(1)) to the point of begitming and containing an area of 14.000 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: COUNCIL MEMBER, COUNTY OF HAWAII INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`f Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- Agricu wal ~ ~ Urban U'^.1n i -~i Agricultural ~ 1. ~ Agricultural ~ ~ ~ ro i ~I Urban ~.1, ~ I ~[~i Agriculfural ~ Agricul oral I ~ 1,x,-1-r; Q rban i ~-lL1JJ F !i I Queen Kaahumanu Hwy. Agriculfuaa , Urban A ncultural Ua~a~2~' Agricultural AGRICULTURAL ~ Agricultural _ _ - g urban ~ TO URBAN ~ ~ 7 14.000ACRES ~ ~ urban` ~ l ~ agricultural - _ ~ - - ~ I_~ - a~'s!~ 4a ~ ~ Ur D. s ~ ~ Z K~kiniHwy Agricwmral ~ ~ ;t , A icultura ~ _ ~ sr_ , n yij ba koa t ~ ~ ` 3 U ban $ Q°j / y~ Ur an ~ a 11 t 1~~ i _ rban 6,168.35 S 4,853.86E ~ U D ~ Urba "KAILUA Tfl-M DIAN'~ Ur an Urban _ Ur Ur n U an to Ai'iDr I UPoan U ban ~ 0 970 485 0 970 1.940 2.910 ].880 48~@e1 AMENDMENT TO STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE GOUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAHULUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 7-5-01 TPOR. 005 AND 002 Date: JULY 6, 200 EXHIBIT "A" (Lava Kuakini, LLC:OS-155) RL.avaKuakini REZ.jwd- I I /29/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LAVA KUAKINI, LLC CHANGE OF ZONE APPLICATION (REZ OS-0131 Upon careful review of the request, the Planning Director is recommending that a favorable recommendation for a Change of Zone be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from an Agricultural (A-Sa) to a Multiple Family Residential-2,500 square foot (RM-2.5) district for 14 acres of land. The applicant is proposing to develop a 212-unit housing project, of which a minimum of 50% will be allocated for affordable housing pursuant to Chapter 11 (Housing) of the Hawaii County Code. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural-5 acres (A-Sa) to a Multiple Family Residential-2,500 square feet (RM-2.5) zoned district will conform to the following goals, policies and standards of, among others, the Land Use and Housing Elements of the General Plan. LAND USE -GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The request will conform to the Land Use Element of the General Plan, as it will be compatible with adjacent urban types of uses, such as the Kona Hillcrest, Pualani Estates, and the Kahakai Estates Subdivisions. This request will conform to the projected need of urban growth for this area. A favorable recommendation of this request will also conform to the following goals and policies of the Land Use-Multiple Family Residential and Housing Elements of the General Plan: LAND USE -MULTIPLE FAMILY RESIDENTIAL • To provide for multiple residential developments that maximize convenience for its occupants. • To provide for suitable living environments that accommodate the physical, social and economic needs of the island residents. • Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, and recreational and cultural facilities, and public facilities and utilities. • Encourage flexibility in the design of residential sites, buildings and related facilities to achieve adiversity of socio-economic housing mix and innovative means of meeting the market requirements. Development shall be located in areas where public utilities can be economically provided at a level adequate to meet the demand for the concentrated service. HOUSING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. 2 • Attain adiversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Create viable communities with affordable housing and suitable living environments. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. Multiple-family residential living is a way of life for many people. This type of housing tends to be less expensive than single-family. Multiple residential developments use less land azea per person and can be located in areas of concentrated economic and population activity where land is scarce and costly. The request will conform to the Multiple Family Residential and Housing Elements of the General Plan, as it will create a mix of residential housing opportunities and maintain a housing supply that allows a vaziety of choices For residents of the North Kona district. The applicant is proposing to develop a 212-unit housing project, of which a minimum of 50% will be allocated as affordable housing. It will be located close to the Kona Hillcrest and Kahakai Estates Subdivisions, which are made up of single family residential uses. The property will also be located conveniently to public services such as police, fire, public schools and employment centers located near and in Kailua-Kona. To further compliment the policies and standazds of the Muliple Family Residential and Housing Elements of the General Plan, a condition of this favorable recommendation will require the applicant to comply with the Affordable Housing Policy of the Hawaii County Code. The Affordable Housing policy requires the developer to earn affordable housing credits equal to 20% of the total number of units. There is a sliding scale for credits: a unit affordable to families with an income of 140% of the median earns 0.5 credit per unit, while a unit affordable the 120% of median earns 1.0 credit. Less expensive units 3 can earn more credits, up to 2.0 credits per unit. 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 vazious land uses. The requested zone change from an Agricultural (A-Sa) to a Multiple Family Residential (RM-2.5) zoned district conforms to the LUPAG Map, which designates the property as Urban Expansion Area and Medium Density Urban. The Urban Expansion Area designation allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements maybe desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The Medium Density Urban designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family --up to 35 units per acre). The proposed request is to develop a 212-unit housing project, which will help address the housing needs of the community. This change of zone will facilitate the development of a framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessazy infrastructure. The County Planning Department is supporting the development of housing that is affordable to working families in Kailua-Kona, which is a major employment center. This should reduce the need for workers to commute long distances. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. The requested change of zone is also generally consistent with regional and community planuiug documents that prescribe the County's ?and use policies for this portion of North Kona. The Kona Regional Plan adopted as Planning Commission Resolution No. 1-84 in April 1984, recommends the area for residential units at a density of 8 units per acre. The applicant's request will provide for a residential density of roughly 17 units per acre. While the requested change of zone will provide for a unit density that is greater than the density recommended by the Kona Regional Plan, it still 4 compliments its fundamental goal of providing residential units within this section of North Kona. The Kona Regional Plan is also somewhat obsolete. The requested change of zone will not create a significant adverse impact upon the natural resources of the area. While the project site is situated within the County's Agricultural-Sa (A-Sa) zoned district, it is not currently being used for active agricultural purposes. The property is unclassified by the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The project site is currently vacant and was graded in the past. Therefore, the rezoning of this 14-acre area from an A-Sa to a RM-2.5 zoning designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in other locations within the North Kona azea designated for urban types of uses. There are no significant adverse impacts that may be generated by rezoning of the project site to a RM-2.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within this favorable recommendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, police and fire protection. Access to the property will be from Kuakini Highway, which is a State owned, County maintained roadway with a 22-foot wide pavement within an approximate 80-foot right-of--way and From the proposed Kahului to Keauhou Parkway right-of way. The roadway access is a difficult issue for this project. Eventually, the Kahului to Keauhou Parkway (also known as the Alii Parkway) is supposed to be built along the northern boundary of the site. The right- of-way is 100 feet wide. Of this, 50 feet is within the applicant's property, and 50 feet is within the parcel to the north. The right-of--way has been planned and the roadway has been designed, but the right-of--way has not been acquired. This portion of the Kahului to Keauhou Parkway is considered the 2nd phase and has not been funded. The first phase 5 from Keauhou to the proposed Lako Street extension, which had been funded, is stalled over the issue of a burial in the right-of--way at the Keauhou end, and funding has been pushed back to 2008. Nevertheless, planning for this area must incorporate the eventual construction of the Parkway. This raised two main issues: the long-term ingress and egress to the project once the Pazkway is built, and the potential effects of the Parkway on the residential project once the project is built, especially noise impacts. Initially, the applicant proposed to have access over a 30-foot wide driveway constructed on the planned right- of-way of the Parkway, creating an intersection with Kuakini. After the Parkway is built, however, this would have to be connected to an intersection with the Parkway because the driveway could not terminate at the main Kuakini - Alii Parkway intersection. Left- turn movements in and out of the project to the Parkway would be undesirable because they tend to create delays in traffic. Converting the access to a right-in, right-out only solves that problem, but creates a very roundabout traffic pattern if residents want to go to Kailua-Kona from the project (they must go up to Queen Kaahumanu). After discussions with the Planning Department and DPW, the applicant submitted a revised site plan (Exhibit M). This has a secondary access on Kuakini, about 400 feet south of the Kuakini - Alii Pazkway intersection. This would be aright-in, right-out only. It would also make it easier to coordinate access to the project site during construction of the Parkway because construction might interfere with the other access. The revised site plan also includes a potential alternate access to the mauka end of the property, neaz Iliana Street in the Hillcrest Subdivision. This could serve as the main project access in the future, replacing the access closer to Kuakini. This maybe desirable if the future planning for the Parkway incorporates an intersection with Iliana Street, or to provide access if the parcel immediately mauka of the subject property is developed someday. Conditions of approval will require this property to provide easements on project roads in favor of the mauka parcel so that if this property is developed it can use the same access to Alii Parkway and to Kuakini Highway. 6 The Alii Parkway will create a high traffic roadway neaz the northern boundary of the subject property. This will create more noise, among other impacts. The potential for noise impacts from the Alii Parkway was discussed in the 1988 Environmental Impact Statement for the highway project, and the 1996 revision of the EIS. The Federal Highways Administration (FHWA) uses a "Leq" standard for noise impacts. The "Leq" standard combines the projected noise level with the time of exposure. The FHWA sets an Leq of 67 dBA as the maximum recommended noise level (outdoors) in a residential area. In the Hillcrest azea, where the closest residence is about 150' from the highway, the 1996 EIS projected that in 2020, the Leq at 150 feet from the highway would be about 61 dBA. It projected that a 23 feet separation from the highway to any residences would be sufficient to meet the 67 dBA standazd in this general area. The acceptable distance is closer in this area than some other portions of Alii Parkway because the operating speed is supposed to be only 25 mph. The projection in the 1996 EIS was based on a four-lane highway carrying 38,000 vehicles per day. This is a very high volume of traffic. By comparison, the Queen Kaahumanu Highway, between the Nani Kailua and Hualalai Rd. intersections, had a traffic count of about 23,500 vehicles per day in 2002. Because the current plans for Alii Parkway call for atwo-lane road, which would not carry as many vehicles, it is reasonable that the noise levels at the proposed residential project can be expected to be below the 67 dBA Leq standard. Most of the proposed project is more than 80 feet from the Alii Pazkwayrlght-of--way, but four of the proposed fourplex buildings aze about 40 feet from the right-of--way. It is also possible that mitigation may be necessazy when noise levels significant]y increase because of a new highway, even if noise does not reach the 67 dBA Leq standazd. This is difficult to predict because it depends upon other ambient noise levels, and the federal government does not have a mandatory definition of what level of increase is considered significant. A condition of rezoning will require the project to be responsible for any noise mitigation required because of the construction of the Alii Parkway. 7 The project site is located within Zone X, an azea outside the 500-year flood plain, with a small portion of the southern side of the property located within the AE Zone and the Waiaha Drainageway. Conditions of approval will be added to address the drainage concerns stated within comments from the Department of Public Works. Water is available for the development, but is limited to 50 units per existing lot of record. The Department of Water Supply is currently working on several capital improvement projects to increase the capacity of their existing water system. In support of affordable housing developments, the Department of Water Supply will make every effort to support the proposed development, but state there is no time schedule set for completion of these capital improvement projects and are not able to make a commitment at this time for the remaining units for the proposed development. The applicant proposes to connect to the County sewer system that mns along Kuakini Highway. The applicant will be required to perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows. As is typical of similar types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepare and secure approval of a Solid Waste Management Plan prior to the issuance of Final Plan Approval for the proposed multiple family residential development. Electricity and telephone services are available to the site. The Kealakehe Police Station is located less than 3 miles north of the project site. There are three fire stations within 5 miles from the site including Kailua-Kona, Kealakehe, and Puuola. The Kona Hospital is located in Kealakekua. The proposed request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located approximately 1800 feet from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. Thus, it is not anticipated that the proposed request will have any adverse impact recreational resources in the area. Therefore, no action is necessary to protect these rights. 8 The proposed request will not have a significant adverse impact to traditioual and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka ilina "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investieation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezonine area: As the site was formerly graded, an archaeological inventory survey of the site was not conducted. By letter dated June 21, 2005, the applicant has requested a "no effect" letter from the State Historic Preservation Division. There has been no response to the request as of this writing. Possible adverse effect or impairment of valued resources: The applicant has stated that there is no evidence to show that valued cultural, historical, natural resources and traditional or customary native Hawaiian rights are conducted on the property or being practiced in the area. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the proposed project. Feasible actions to protect native Hawaiian riehts: A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Based on the above findings, approval of this change of zone request from Agricultural (A-Sa) to Multiple Family Residential-2,500 square feet (RM-2.5) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map), 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. 9 ~,~~JNT'~ C7r Ii~AI`I ~'I'A'~"~; C~~' I~~/1~~`~ BILL NO. AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 ('ZONING CODE).OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTiJRAL (A-Sa) TO MULTII'LE-FAMILY RESIDENTIAL (RM-2.5) AT KAHULUI 1sT, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-17:POR. 5 AND 2. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahului 1st, North Kona, Hawaii, shall be Multiple-Family Residential (RM-2.5): Beginning at the Northwesterly corner of this parcel of land, being also the Southwesterly corner of Lot 2-A of this subdivision and being a point on the Northeasterly side of Kuakini Highway (F.A.S.P. No. 5-229(1)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 6,168.35 feet South and 4,653.86 feet East and running by azimuths measured clockwise from True South: Thence, for the next eight (8) courses following along the remainder of Grant 1868 to Kaupena: 1. 214° 40' 23" 343.16 feet along Lot 2-A of this subdivision to a point; Thence, following along Lots 2-A and 1-A of this subdivision on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being: 2. 253° 28' 06" 877.16 feet to a point; -1- Thence, for the next six (6) courses following along Lot 1-A of this subdivision: 3. 292° 15' 49" 159.31 feet to a point; 4. 22° 00' 595.57 feet to a point; 5. 95° 00' 244.47 feet to a point; 6. 80° 00' 160.00 feet to a point; 7. 35° 00' 140.00 feet to a point; 8. 20° 00' 110.00 feet to a point; 9. 124° 40' 536.70 feet along the Northeasterly side of Kuakini Highway (F.A.S.P. No. 5-229(1)) to the point of beginning and containing an area of 14.000 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII INTRODUCED BY: CUUNCIL MEMBEK, C(;U^Z'T ~ OF IIAWAI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- A-fa i j i A-5a ~ ~ ~ - i' i ~ Aia ASa I ~ 7 ~ Ii1 AiSa ~ ~ ~ I k ~:'Si' A-Sa I RS-7.5 .1~ - ~ I Queen Kaahumanu Hwy. a-sa d ~ A Sa i ~a~ A-fa ~ AGRICULTURAL (A-Sa) TO a i ~~a I, y _ ¢ MULTIPLE-FAMILY RM-e `q 1a l'~ _RESIDENTIAL (RM-2.5) ~ A-ia -14.000 ACRES ~ i / A-5a { 1 ~ _ r - RS-1,0 A-Sal i / ~ ~ Kual~ini Hwy. i RM-4 ~ l R] A ~a ~ q-7d - 11 l ~ ~ ~ 3 ' j o/ a sa \ ~ ~ Rs trrgkaa t I Rs!8o i A4a + ~ R ;7 RM-7 ~ ~ I I ' _A I ~ ~1 I RS-00 - / ~ lRd-3.75 I ~ ~ rYa11111 ~t - ' RM-4 i ~ I ~ / RS-70 / ~ I i ---i 6,138.35 S - ~ - ~ ~ ~ ' N ~-o - ~ A cv-to N~k ~ ~ ~KAILUAE fo ui~D - -i~ CV-1 ~ i`i ~ I A-5a a -NORTH-ME~21DIaN)'~ I Rsao RM-4 ~ - ~ RM-4 ' ~ 1 ' i 1 ~ ~ - I r, ~ RM-~I ~ I ~ RS/70/ ~ ~ ~ V-1~25I~ -A.25' i I ~ ~ A-~a R~1-2 ~ A'r5a V-~ I II i RS17.5 -1 ~ 14 5 ~ I; ~ A-5a iill S-1ol- , v-1.25 ~ ~ Ali`iDr ~ ' ' RM>4.s ' ~ / ~ o~' S-1s I ~i.~~~ V-1.25 = IRM-1.5 i li Y ~ ~ V-1.~~ ~ R~-15 iooo sco a loon zooo amo aooo rc1iPe AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO MULTIPLE-FAMILY RESIDENTIAL (RM-2.5) AT KAHULUI 1st, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 7-5-017.POR. 005 AND 002 Date September 19, 200 EXHIBIT "A" (Lava Kuakini, LLc11711 CiavaKuakiniREZ.j wd-l l /29/05 LAVA KUAKINI, LLC CHANGE OF ZONE APPLICATION (REZ OS-013) CONDITIONS OF APPROVAL A. The applicant, landowner, its successors or assigns shall be responsible for complying with al] of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within ninety days from the effective date of this ordinance for the initial commitment of 50 units of water. The applicant shall obtain water commitments to develop the requested number of units prior to submitting plans for Final Plan Approval for any portion of the project. C. Construction of the proposed development shall be commenced within three (3) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). D. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy, provided Further that, as represented by the applicant, not less than 50% of the units shall be sold or rented at prices that qualify them as affordable under said policy. Affordable housing credits in excess of the basic requirements of Chapter 11, Article 1, Hawaii County Code, shall be credited to the applicant, its successors, or assigns. The affordable housing plan shall be approved by the administration of the Office of Housing and Community Development prior to final subdivision approval or final plan approval, whichever occurs first. E. A Traffic Impact Analysis Report (TIAR) prepared by a licensed professional engineer shall be submitted to the Department of Public Works for review and approval prior to the issuance of Final Plan Approval. F. Accesses to and any improvements (including roadway, utilities and/or intersection improvements) within Kuakini Highway and the future alignment of Kahului to Keauhou Parkway, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. All sight distances shall meet the current guidelines of A Policy on Geometric Design of Highways and Streets (AASHTO). Al] approaches maybe subject to access management movement restrictions as required by the Department of Public Works. G. The proposed alignment and right-of--way for Kahului to Keauhou Parkway, which has been determined by the Department of Public Works, shall be reserved by subdivision of the proposed right of way to create a separate lot for future roadway improvements prior to the issuance of any certificate of occupancy and conveyed to the County upon request, at no cost to the County. H. The applicant shall provide full improvements to Kuakini Highway consisting of, but not limited to, pavement widening, a dedicated left turn storage lane, drainage improvements, and any relocation of utilities meeting with the approval of the Department of Public Works, and shall dedicate the necessary right-of--way to the County for its Kuakini Highway widening project at no cost to the County. I. Install streetlights, signs and mazkings meeting with the approval of the Department of Public Works. J. If the project is built before the portion of the Alii Pazkway is constructed through the property, access shall consist of (1) a main project entrance located in the right-of--way of the future Alii Parkway, with an intersection on Kuakini Highway and (2) at Kuakini Highway north of the Waiaha Drainageway. Access (1) shall be improved with a dedicated left-turn storage lane on Kuakini Highway and other intersection improvements required by DPW, prior to the issuance of a -2- certificate of occupancy for any part of the project. The driveway from the intersection with Kuakini to the main project entrance shall be constructed meeting with the approval of the Department of Public Works, and shall, to the extent that it can be done without greatly increasing the cost to the applicant beyond the access needs of their project, be built so that it can be converted to be used as a portion of the Alii Parkway when the Alii Parkway is built. Upon construction of the Alii Parkway, the applicant, its successors, and assigns, shall be responsible for the cost of constructing a replacement access from the project to Alii Parkway, at one or the other of two potential access points shown on the applicant's revised site map (Exhibit "M" to the Planning Department's Background Report). DPW may approve further revisions to the site map to finalize the location of the Alii Parkway access point. The location of the access point on Alii Parkway and necessary improvements shall be determined by DPW, and shall be limited to a right-in, right-out access, unless otherwise determined by DPW. Access (2) to Kuakini Highway shall be limited to a right-in, right-out access. If Alii Parkway is built before the residential project, the applicant shall construct intersection improvements in Alii Parkway and the Kuakini Highway as determined by DPW at its sole cost. The location of the access point on Alii Parkway and necessary improvements shall be determined by DPW. The accesses to Alii Parkway and Kuakini Highway shall by limited to right-in, right- out movements unless otherwise allowed by DPW. K. To allow for the coordinated development of the subject property and the property immediately mauka, (Lot 1-A of Subdivision No. 04-0153), so that the portion of Lot 1-A that is on the same side of the Waiaha drainageway as the subject property can be developed without additional access points being created on Alii Parkway or Kuakini Highway, the applicant shall provide easements on selected project roadways, allowing access by Lot 1-A through the project to (1) the Alii Parkway, and (2) the Kuakini access point. The designation of the interior roadways to be used for the easements, and the standard For road construction, shall be approved by the Planning Director in consultation with DPW. L. Utility poles in the road right-of--way shall be installed as shown on the -3- Department of Public Works Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. M. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. N. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior the issuance of any construction permit. O. There shall be no construction of dwellings and related improvements or other substantial buildings, or subdivision roads within areas designated "AE" by Flood Insurance Rate Maps (FIRM). Restrictive covenants in the deeds of al] lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction maybe removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. P. The applicant shall submit a flood study prepared by a licensed professional civil engineer for the Waiaha Drainageway within the subject property to the Department of Public Works prior to the issuance of any construction permit. If required by the Department of Public Works, the applicant shall submit the study to the Federal Emergency Management Agency (FEMA) and obtain a Letter of Map Change (LOMC) prior to the issuance of any construction permit. The applicant shall construct any remedial improvements the study recommends to render the subject property reasonably safe from flooding by the base flood event. These improvements may include, but not be limited to interceptor channels, revetments, permanent erosion control and hazard barrier fencing prior to the issuance of any construction permit. Channelization shall be according to the County of Hawaii Storm Drainage Standards and shall meet with the approval of -4- the Department of Public Works. Q. A portion of the subject property, as determined by the Department of Public Works, shall be encumbered with a drainage and access easement in favor of the County or shall be subdivided and conveyed to the County at no cost to the County, for the Waiaha Drainageway at Kuakini Highway culvert project and culvert maintenance access prior to the issuance of any construction permit. R. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. S. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. T. The applicant shall perform an engineering study to determine if the sewer line has adequate capacity to handle the proposed flows in accordance with the City and County of Honolulu Wastewater Design Standards. If the offsite sewer line does not have adequate capacity, the applicant shall be responsible for necessary improvements. Sewer lines shall be installed within the development to connect with the County's sewer system, meeting with the approval of the Department of Environmental Management, and prior to the issuance of a Certificate of Occupancy. U. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. V. The project shall include a park site or sites consisting of at least one acre developed as a play field or passive recreation area. The park area(s) shall not be located within the Waiaha Floodway. W. The applicant, its successors, and assigns shall be responsible for the cost of any sound abatement measures that are required to qualify the Alii Parkway for Federal construction funds. Until the completion of the Alii Parkway through the subject property, covenants in all deeds to subject property, including deeds to individual units and to any lots subdivided from the subject property, and -5- promotional and sales materials given to prospective purchasers, shall inform prospective owners of the following: "Plans for the area involve the construction of the Alii Parkway within aright-of--way shown on the attached map. The Alii Parkway will be a major highway that is expected to carry a high volume of traffic. The County of Hawaii has determined that the construction of this highway is important to the proper development of Kona as a whole. The construction of the Alii Parkway will create noise, dust, and other impacts. The contractor building the Parkway will be required to follow some regulations to reduce noise and dust, but some impacts will occur. After completion, traffic on the Alii Parkway will cause noise and other effects that must be expected from a busy roadway. A prospective purchaser who cannot accept the future construction of the Alii Parkway in this area is advised to seek another area to reside. This property was rezoned on condition that if noise abatement measures between the Parkway and adjacent residences in this project must be taken to qualify the Alii Parkway project for federal funding, the residential owners would be required to pay for the noise abatement. The construction of the Alii Parkway will also make it necessary to relocate one entrance to the property and may, during the construction period, cause same changes to the project's access" The sales materials and covenants do not have to follow the exact wording of this condition but shall inform the prospective purchasers of the substance of this condition. X. 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 Resource - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Y. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone -6- application and maybe increased or reduced proportionally if the unit counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each unit shall be based on the number of units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution maybe adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $6,411.25 per multiple family residential unit ($9,991.21 per single family residential unit). Based upon the applicant's representation of intent to develop a total of 212 multiple family residential units, the indicated total of fair share contribution is $1,359,185.00 for the multiple family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,162.49 per multiple family residential unit ($4,817.93 per single family residential unit) to the County to support park and recreational improvements and facilities for a total of $670,447.88; 2. $99.95 per multiple family residential unit ($232.42 per single family residential unit) to the County to support police facilities for a total of $21,189.40; 3. $307.46 per multiple family residential unit ($459.06 per single family residential unit) to the County to support fire facilities for a total of $65,181.52; 4. $137.04 per multiple family residential unit ($200.98 per single family residential unit) to the County to support solid waste facilities for a total of $29,052.48; and -7- 5. $2,704.31 per multiple family residential unit ($4,280.82 per single family residential unit) to the County to support road and traffic improvements for a total of $573,313.72. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire; police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. Improvements to the drainage as it crosses under Kuakini Highway maybe credited against the road fair share, and the dedication of the land value of the Alii Parkway right-of--way, and Kuakini Highway right-of--way, shall be credited against fair share. Z. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. AA. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. BB. An initial extension of time For the performance of conditions within the ordinance maybe granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time, the -8- Planning Director shall submit the applicant's request to the County Council for appropriate action. CC. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the azea to its original or more appropriate designation. -9-