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HomeMy WebLinkAboutRES 294 Draft 01 2008-2010COUNTY OF HAW TE OF HAWAI' I RESOLUTION NO. 294 :10 A RESOLUTION AUTHORIZING THE EXEMPTION OF THE KALOKO HOUSING PROGRAM IN KAILUA -KONA FROM CERTAIN CODE REQUIRMENTS AND RULES PURSUANT TO SECTION 201H -38 OF THE HAWAII REVISED STATUTES. WHEREAS, the Office of Housing and Community Development ( "OHCD ") of the County of Hawaii ( "County ") intends to construct the Kaloko Housing Program ( "Project "), a transitional and rental housing project, on an approximately eight -acre parcel of County -owned land in Kailua -Kona, Hawaii, identified as Tax Map Key No. (3) 7 -3- 009:055 ( "Property "), currently zoned State Land Use - Agriculture, to provide a decent, safe and sanitary housing program and supportive services to qualified homeless individuals; and WHEREAS, the proposed Project will function in collaboration with The Friendly Place, a daytime service center, and the West Hawai'i Emergency Housing Program, an overnight housing program for individuals; and WHEREAS, pursuant to Section 205 -3.1 of the Hawaii Revised Statutes ( "HRS "), district boundary amendments involving land areas of fifteen (15) acres or less "shall be determined by the appropriate county land use decision making authority of the district "; and WHEREAS, district boundary amendments over which the County has jurisdiction normally are processed pursuant to Chapter 28 of the County Code and the rules of the Planning Commission of the County; and WHEREAS, Section 201H -38, in conjunction with HRS Section 46 -15.1, allows the County to exempt the Project "from all statutes, ordinances, charter provisions, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon..." contingent on County Council approval; and WHEREAS, the Project will promote the goals contained in Chapter 201H of the HRS and Chapter 2, Article 13 of the County Code; and WHEREAS, to expedite the development of the urgently needed Project, the OHCD has requested exemption from Chapter 28 of the County Code and the rules of the County Planning Commission relating to State Land Use boundary amendments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the district boundary amendment for the Kaloko Housing Program be exempt from the procedures set forth in Section 28 of the County Code and the rules of the Planning Commission of the County of Hawaii. BE IT FURTHER RESOLVED, that the State Land Use Boundary Amendment Application, descriptive site plan, State DLNR Historic Preservation Division "no effect letter," floral, fauna, and valued cultural resources, descriptive access to the community, and a traffic study attached as Exhibit "A" are hereby approved. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Planning Director and the Office of Housing and Community Development of the County of Hawai'i. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Dated at Hilo , Hawai'i, this 3r-r1 day of February , 2010. INTRODUCED BY: 1 - %ale COUNCIL ME B' R, COU 1Y OF H IRAI I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ENRIQUES X 1 hereby certify that the foregoing RESOLUTION was by the FORD X vote indicated to the right hereof adopted by the COUNCIL of GREEN WELL X the County of Hawaii on February 3, 2010 • IIOFFMANN X IKEDA X ATTEST: NAEOLE - REASON X ONISIII X YAGONG X YOSHIMOTO X 8 0 1 0 Reference C- 678 /Waived PC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 294 Exhibit A STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: The County of Hawaii PETITIONER'S SIGNA Wailuku Dr. DATE: Hilo HI 96720 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) 961 -8379 (Res.) (Fax)8 -961 -8685 LANDOWNER(S): The County of Hawaii LANDOWNER SIGNATURE(S): DATE: ADDRESS: 50 Waihtku Dr. (May be by letter) Hilo, HI 96720 TAX MAP KEY: STREET ADDRESS OF PROPERTY: Hina Lani Street, Kailua -Kona, HI 96740 ZONING: Agriculture SIZE OF PROPERTY: 8.016 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: A griculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: ADDRESS: TELEPIIONE: (Bus.) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: The O ffice of Housing and Com muntiy Development COPIES: Same (See Instructions or; Reverse Side) Purpose and Need The purpose of the petition for a boundary amendment is to bring the property in alignment with the existing adjacent properties. The property West of the proposed development is zoned State Land Use — Urban and the property North of the proposed development is also zoned State Land Use — Urban (exhibit A). The property East of the proposed development is zoned State Land Use— Agriculture and will be separated by a County of Hawaii dedicated road. The proposed boundary amendment would then allow the proposed development to meet the established guidelines under the Urban zoning, thus allowing the Office of Housing and Community Development (OFICD) to meet the needs of the community. It would appear that the current zoning classification of Agriculture does not completely align with studies conducted of the area and surrounding area. The Detailed Land Classification — Island Qf Hawai "i prepared by the University of Hawaii Land Study Bureau (LSB), evaluates the quality or productive capacity of certain lands on the Island for selected crops and overall suitability in agricultural use. A five -class productivity rating system was established with "A" representing the highest productivity and "E" the lowest. According to the study, the project site consists mostly of bare pahoehoe lava flows with no soil cover. The site is classified as "E ", or very poorly suited for agricultural productivity. The Agricultural Lands (#'Importance in the ,State of Hawai `i (AL1SI ), prepared by the State Department of Agriculture, classifies lands into three categories: 1) Prime Agricultural Land, 2) Unique Agricultural Land, and 3) Other Important Agricultural Land. The project site is not classified as Important Agricultural Land in any category under the ALISH system. The 01-ICD is an agency operating under the direct supervision of the Mayor and is responsible for the planning, administration and monitoring of assigned federal grants (e.g., 'U.S. Department of Housing and Urban Development (HUD)) and other programs. The OHCD also manages assigned leases and lands. The goal of the OIfCD is to provide 1'or the development of viable communities in Hawaii County by providing decent housing, suitable living environments and the expansion of economic opportunities. The KHP will provide transitional and serviced- enriched, affordable housing inventory in West Ilawai'i. A comprehensive housing program for homeless families has been a major County challenge for over 20 years. The County has worked with the community to implement programs that address the needs of the housing continuum — including The Friendly Place in the Old Industrial Area of Kailua -Kona (donated by Stanford Carr Development), which provides essential daytime services to the homeless population. A 30 -bed overnight shelter funded by the County, State and the U.S Department of Housing and Urban Development (currently in the environmental review stage) will address emergency housing needs of homeless individuals. While the County is utilizing $40 million of its limited resources to provide permanent affordable housing (rental and f)r - sale) in Waikoloa, the KHP remains the critically- needed missing piece of this housing continuum. Partnering with the business community, organizations and community members composing the Community Alliance Partners (CAP). the KFIP has been designed to serve the needs of working families in West 1-lawai`i. Prgject Description The KHP facility will include approximately 24 transitional housing units, approximately 72 affordable rental units and a warehouse to facilitate operations ofThe Food Basket and Habitat for Humanity. A portion of the parcel will also be used for a self - contained wastewater treatment plant for wastewater generated onsitc. Although not legally required, pails of a geologic feature consisting of a collapsed lava tube channel will be sel aside to preserve an archaeological site and rare native plants. Access will be from a driveway on an extension of Maiau Street, which is currently being built. The design of the facility has not yet been finalized. Transitional housing units provide immediate shelter for homeless working families. The Kl IP will replace the current 24 -unit transitional housing facility Kawaihae Transitional Housing Program (KTHP) that is currently the only housing program of its kind that serves homeless persons in West 1 lawai`i. The affordable rental units will provide long term housing opportunities for working families in need of affordable rental housing. The proposed warehouse will be operated by Habitat for Humanity -West Hawaii and The Food Basket and will provide a unique opportunity farjob readiness and placement on -site. This essential component will enhance the sustainability of the program,, strengthening the ability ofparticipants to secure not only long -term housing but also training and employment resources. Current plans call for the County to lease the KHP to a non - profit management group for management and daily operation of the facility. The group will be encouraged to provide a tailored service array that will address such needs as life skills training, budgeting and credit counseling, job training and placement, educational referrals and non - profit and community -based collaborative. A combination of housing and customized services will create an uplifting environment that doesn't overpower the residents, who may be afflicted by any of the social and /or economic stresses of homelessness. Units will be secure, yet user friendly, integrating private quarters for families with communal uses such as classrooms and recreational facilities, mud offering office space for support service providers. Pr(ject Location The County of Hawaii Oliice of Housing and Community Development (OHCD) proposes to develop the KHP community on a Carroty- owned, 5.016 -acre parcel (fax Map Key: 3rd.- 7 -3- 009:055) located along Hina Lani Drive in the North Kona District of the County of l-lawai'i. The project site is located adjacent to the planned Phase III and IV Kaloko Light Industrial Park and is presently vacant and unused. The project site is located along Hina Lani Street, a two -lane, Comity roadway that serves as an arterial connector between the Queen Ka'ahumanu Highway (SRI 9) and the Mamalahoa Highway (SR190). The makai portion of Hina Lani has industrial and commercial land uses; farther mauka, there are residential subdivisions. The vegetation of the project area has been extensively modified by grazing animals and the introduction of non - native plants that now dominate the landscape, although a variety of native species still exist. Adjacent land is generally vacant and unused, but is planned for mixed industrial commercial uses, similar to the Kaloko Industrial Park, located about a half mile makai (west) of the project site. The average maximum daily temperature is approximately 83 degrees F., with an average minimum of 67 degrees, and annual rainfall averages approximately 25 inches (U.H. Hilo- Geography 1998:57). Hativai`i County General Plan and Zoning The Hawai `i County General Plan Land Use Pattern Allocation Guide (LUNG). The LUPAG map component ofthe General Plan is a graphic representation of tile Plan's goals, policies, and standards as well as of the physical relationship between land uses. It also establishes the basic urban and non -urban form as well as the location of planned public and cultural facilities, public utilities and safety features, and transportation corridors. The project site is classified as Urban Bpansion in the LUPAG. The project is consistent with the Urban Expansion designation, which is intended fora mix of high density, medium density, low density, industrial, industrial commercial, and /or open areas. Hanrai `i County Zoning. The project site is in Hawaii County Agricultural (A -5a) Zoning Designation, The KI IP facility would not be a permitted use within this designation, however, the OIICD has the option of pre-empting this zoning designation for public housing projects. The property is not situated within the County's Special Management Area (SMA). The General Plan for the County of Hawaii is a policy document expressing the broad goals and policies for the long -range development of the Island of Hawaii. The General Plan itself is organized into thirteen elements, with policies, objectives, standards, and policies for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of l iawai`i. Most relevant to the project are the Goals, Standards, Policies and Courses of Action of particular chapters. Hawaii Flood Hazard Assessment Tool Page I of' I Property Suerrvh v. SA01 Ha "la, a JSl Nall. tl� - tl IV '—p l!, Le, , -, ( MINA LANI STREET OR Enter a -lx Mai ney ._Ifll;ll 111tr111,23 Mao La,,aw Letterer Map Cnarne ML MC) H.. I n <urenea st"Ch"3 ;PIS, H f L p pt,.ft-, Sear h Ull, T.,U.,, Vtltan, LeQnr m na, ,1 20a9 4dwau-NFIP. AU With, Kem,v,a, . BlA V1--d: Ito 6,0 ana hth,,; 1024 , 768 It P..ltld b, 0,. Gr,1l, H,V,ll. [ONW� littp://2is.liawaiinfii).or� /iliat/ 12/1/2009 Z.,- In zl,Vn Olt pl'l rv01 VI, L-1 Vl,. I A, i.1, LWC R W F-m — rw I D `2- I iMMARCE RATE M.p f HAWAII COUNTY, HAWAII COMMOMI Cage Form AiAP.Food— ^TOTAL for Wiadum' appraisal sMNiars by a la mode, im„ — 1- 800-ALAMODE LIN" Lwru GOYffiNVR(,F H.1KN1 7 November 6, 2009 9Ce » 4' 196p � w STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKLLA BOULEVARD, ROob: 555 KAPOL &1, HAWAII 96707 Alan E. Haun, Ph.D., Principal Archaeologist Haun & Associates 73 -1168 Kahuna A`o Road Kailua -Kona, Hawaii 96740 Dear Dr. Haun: uVF.a ».rm{iC» CMRpJ�'IMUAbNA1V W,0.RERMRZ COYN551ryi pN w.T} RYSUtR3 M,yG6E12M, AL�SS£LGY. T54JE FiPSTC»Ytl'e MFT (' A.EWANq p1 IX,Ny OREC7➢0.� WA'EA 0.Q'JP1FNfit1IR(E BOniiN6M90:.LW pE4.EM1iIpp uurswwcwvcrvc I.V\IM»E14Y OH N'AiE0.43gp,Q'yµ0.pp COh'$EAVAiI'JA' MT WA$iK WP,S CGNRRVAil�4 M'llp SWRGJ GTW@9J1, EµiME[IVAG HI0.ES %4MvE i:/ .mM ' V )TI.iEPA1Cf LOG NO: 2009.4067 DOC NO: 0911 TD08 SUBJECT: Chapter 6E -42 Historic Preservation Review — Notice of Fieldwork Completion, Archaeological Data Recovery at Site 26269 Kaloko Ahupua a, North Rona District, Island of Hawaii TMK: (3) 7 -3 -09: 055 Thank you for your letter dated November 2, 2009 regarding the subject data recovery project. As indicated in your letter, the fieldwork followed an approved data recovery plan, and no new or unexpected discoveries were made at the site during the fieldwork. A full report on the findings and results of age determination analysis of collected dating samples will be submitted to our office within ten months. We concur with your recommendation that no additional archaeological work is warranted at this site, We have previously reviewed the inventory survey for this 8.016-acre parcel and concurred with the recommendation that no further work is needed at three additional sites found within the property (Log 2008,0288, Doc 0807MD56), Should we, receive a request for review of a grading or grubbing permit for this parcel, we will indicate that the action will have no effect on historic properties. Please contact Theresa Donham at 808 -933 -7653 if you have any questions or concerns regarding this letter. Aloha, Nancy McMahon, Deputy SHPOlState Archaeologist and Historic Preservation Manager State Historic Preservation Division r 6Y. Ron Terry, Geometrician Associates, PO Box 396, Hilo, HI 96721 Flora, Fauna and Ecosystems Evi.r /ing Environment The natural vegetation of this part of North Kona was most likel a lowland dry grassland community (Gagne and Cuddihy 1990) dominated by `ohe makai (Re y noldsia sawlvrichensis), alahc`e (Psydrax odoratu), naio (Tlvporwri sandrricense), and lanna (Diosj)yros sandtvicensis), and shrubs, herbs and vines such as maiapilo (Capparis s(Indtivichiana), `ilima (Sider frdlax), and huehue (Cocculus orbicula us), These original communities, however, have been heavily degraded by cattle grazing and colonization and competition by invasive species that now dominate the site. A walk - through botanical Survey of the project site was performed by Reginald L. David on October 22, 2005. Of the 33 different plant species detected, just ten (30 %) are recognized as being native to the Hawaiian Island, with four of these endemic and seven indigenous to the islands. The project site contains individuals of ko'oko`otau (Bidens micraniha ssp. Clenophylla), `ohe makai (Reynoldsia sandwicensis) and maiapilo (Capparis sandivichiana), all of which are Species of Concern. All were located within or on the rim of the collapsed lava tube, where there is partial protection from goats and cattle. Although not protected by any State or federal laws. Species of Concern are considered rare and are important botanical and sometimes cultural resources. One other species, noni (!vlorinda cill V610), is considered to have been an early Polynesian introduction to the islands. The remaining 22 (67 %) species detected are alien species now considered to be naturalized in the islands. A resurvey in February 2008 by biologists Patrick Hart, Ph.D., and Ron'ferry, Ph.D., confirmed the findings of the botanical survey. The large ko`oko'olau present on the rnauka rim of the Lava tube collapse feature appeared to be undergoing natural senescence and may not be alive by the time the project begins construction. The project site was surveyed for fauna by biologist Reginald E. David on November 23 and 26, 2005. While the majority of bird species observed dining this survey were nonnative, including Common Myna (Acridotheres tristis), Japanese White -Eye (Zosferops japonieus), Northern Cardinal (Cardinalis eardinali.$), House Finch (Curl-iodacus mexicanas) and Nutmeg Mannikin (Lonchura puncrulata), several indigenous migratory waterfowl were also observed. These included the Pacific Golden Plover (Pluvialis fidva), Wandering Tattler (Heteroscelus ineanus), and the Ruddy Tumstone (Arenoria interpres). The endangered Hawaiian hoary bat, or'ope'apc'a, as it is known in Hawaiian (Lasiurus einereus semotus), which is the only non- marine mammal native to the Hawaiian Islands, may fly over the project site while foraging. The vegetation of the site does not offer suitable roosting habitat for bats. Cultural Resources The 8 -acre project site itself appears to have contained very few valued natural resources such as traditional quarries or water features, although plants important for cultural purposes (e.g., ko`oko'olau) were probably present. Today. alien vegetation has replaced native species almost entirely.. leaving only the most common natives. Still present are two native plants with ethnobotauical value, the `uhaloa (Wallheria huliea) and maiapilo (C'cy-paris sandwichiana). The former species is extremely common in many parts of the Big Island; the latter is less common but relatively well- distributed throughout the kula kai. As part of the current study an effort was made to obtain information about any potential traditional cultural properties and associated practices that night be present, or have taken place in the project area. The Office of I lawaiian Affairs, the Kuakini Hawaiian Civic Club of Kona, the Kona Hawaiian Civic Club, the Eolith Kanaka`ole Foundation, and Na Po'e Hoa 'Aina were contacted in an attempt to obtain information on tradition cultural properties and practices in the project area, but these groups did not provide any relevant information. Based on historical research and oral interviews, as well as review of natural and historical resources, it is reasonable to conclude that the only potentially valued cultural, natural or historical resources within the project site consist of the rare native plants (ko'oko`olau and maiapilo) found in the collapsed lava tube. Although there is no evidence of gathering or use of this patch of plants, this area is being preserved, along with an archaeological site. The proposed project site does not appear to have been used for traditional cultural purposes in the recent memory of any of the extensive list of interviewees consulted as part of oral history research performed for nearby projects, and consultation for this project has not revealed any use. It is reasonable to conclude that based upon the limited range of resources and the proposed mitigation to all affected resources, including rare plants, the exercise of native Hawaiian rights related to gathering, access or other customary activities will not be affected, and there will be no adverse effect upon cultural practices or beliefs. Existing Roadway and Traffic Conditions A reconnaissance of the area was performed in order to identify the existing roadway conditions, crosssection, speed limits and right -of -way controls, as well as any other factors that might affect ingress to and egress from the proposed project. Most of the frontage of the property is along I Iina Lani Street, a two -lane County roadway that serves as an arterial connector between the Queen Ka`ahumanu Highway (SRI 1) and the Manralahoa Highway (SRI 9). Hina Lani Street is planned to be widened from two to four lanes as part of Phases III and IV of the Kaloko Industrial Park, It is also understood that the intersection of 1-lina Lani Road at Maiaa Street will be modified to provide separate left -turn lanes and left -turn refuge lanes. The KHP facility will take access from driveway on an extension of Maiau Street that will be constructed at the time of development of KHP. Upon development of Phase IV of the Industrial Park, Maiau Street will be completely extended from Kamanu Street eastward to a new intersection with Hina ]-,am Road. Maiau Street will be a major collector connecting IIina Lani Road with the industrial area. The driveway serving the project will be along the north side of Maiau Street, approximately 350 feet west of Hina Lani Street. Existing traffic volumes along I Iina Lani Road were estimated from manual traffic counts at the intersection of Hina Lani Road at Kamanu Street. These counts were performed in June 2008. The intersection of Hina Lani Road at Maiau Street does not exist yet. Summary and Conclusions The conclusions of the traffic impact assessment are: 1. The proposed project will consist of 72 affordable rental units, 24 transitional housing units and a 10,000 square foot warehouse. 2. The proposed project will generate 14 inbound and 40 outbound trips during the morning peak hour. During the afternoon peals hour, the project will generate 40 inbound and 25 outbound trips. 3. We have been advised that the sponsoring agency has experience with several comparable projects on the Island of Ilawaii and their experience is that these types of projects generate significantly less traffic than the trip generation estimates above. However, there are no studies to quantify trip generation rates. If the observations are correct, the trip generation estimates used in this report and the conclusions are conservative. 4. Residents should be encouraged to use public transportation and to carpool as much as possible. Typically, the property manager acts as a transportation coordinator with the task of coordinating public transportation for the residents. 5. The public transportation provider should be contacted regarding the feasibility of providing bus service to and from the project. Existing Facilities and Services, Impacts and Mitigation Measures Electrical power to the area is supplied by Hawaii Electric Light Company (lil' LCO), a privately owned utility company regulated by the State Public Utilities Commission. via their island wide distribution network. I:ileetrical service is available at the project site via transmission lines along Hina Lani Street. Telephone and CATV services are also available. Water is supplied by the Hawaii County Department of Water Supply. Wastewater treatment is not presently available to the project area. The proposed action would not have any substantial impact on existing electrical facilities or HELCO's ability to provide electricity. Although the precise amount of water required is not yet available, the OHCD has secured a number of water commitments from the DWS and will work closely with the non- profit management group to secure the additional necessary water commitments. In order to conserve water all plumbing facilities will be designed for low water use, landscaping will be primarily xerophytic, and water usage will be monitored by the facility manager. No other utilities will be affected in any way. Wastewater will be treated via a package plant. In summary, the utility infrastructure for the facility is adequate and no adverse impacts are expected. Consistency with Government Plans and Policies I State Plan Adopted in 1975 and last revised in 1991 (Hawai'i Revised Statutes, Chapter 226, as amended), the Plan establishes a set of themes, goals, objectives and policies that are meant to guide the State's long term growth and development activities. The three themes that express the basic purpose of the Hawaii State Plan are individual and family self' sufficiency, social and economic mobility and community or social well - being. The project would promote these goals primarily by enhancing housing opportunity and social well - being. Hawaii County General Plan and Zoning The Hcrwai `i County General Plan Land Use Pattern Allocation Guide (LUPAG). The LUPAG map component of the General Plan is a graphic representation of the Plan's Y oals, policies, and standards as well as of the physical relationship between land uses. It also establishes the basic urban and non -urban form as well as the location of planned public and cultural facilities, public utilities and safety features, and transportation corridors. The project site is classified as Urban Expansion in the LUPAG. The project is consistent with the Urban Expansion designation, which is intended for a mix of high density, medium density, low density, industrial, industrial commercial, and /or open areas. Hauvai `i County7,oning. The project site is in HaH�ai`i County Agricultural (A -5a) Zoning Designation. The KHP facility would not be a permitted use within this designation, however, the OHCD has the option of pre - empting this zoning designation for public housing projects. The property is not situated within the County's Special Management Area (SMA). The General Plan for the County ofl- lawai`i is a policy document expressing the broad goals and policies for the long -range development of the Island of Hawaii. The General Plan itself is organized into thirteen elements, with policies, objectives, standards, and policies for each. There are also discussions of the specific applicability of each element to the nine judicial districts comprising the County of Hawaii. Most relevant to the project are the following Goals, Standards, Policies and Courses of Action of particular chapters: Economic -- Goals (a) Provide residents with opportunities to improve their quality of life through economic developient that enhances the County's natural anti social environments. (b) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Discussion: The project would help to achieve the stated goals of the Economic chapter of the General Plan by improving economic opportunity for residents in a manner ghat enhances the social environment. Environmental Quality — Goals (a) Maintain and, if feasible. improve the existing environmental quality Of the island. (b) Control pollution. Environmental Quality — Policies (a) "fake positive action to further maintain the quality of the environment. (b) Work with the appropriate agencies to adopt appropriate measures and provide incentives to control point and nonpoint sources of pollution. Environmental Quality — Standards (a) Pollution shall be prevented, abated, and controlled at levels that will protect and preserve the public health and well being, through the enforcement of'appropriate Federal, State and County standards. (b) Federal and State environmental regulations shall be adhered to. Discussion: The project would help to achieve the goals of the Environmental Quality chapter of the General Plan by maintaining the existing environmental quality of the island and controlling pollution through mitigation of potential air and water quality impacts. Flooding and Other Natural Hazards — Goals (a) Protect human life. (b) Prevent damage to man -made improvements. (c) Control pollution. (d) Prevent damage from inundation. (e) Reduce surface water and sediment runoff. (1) Maximize soil and water conservation. Flooding and Other Natural Hazards — Policies (a) Development- generated runoff shall be disposed of in a manner acceptable to the Department of Public Works and in compliance with all State and Federal laws. Flooding and Other Natural Hazards — Standards (a) "Storm Drainage Standards," County of Hawaii, October, 1970, and as revised. (b) Applicable standards and regulations of Chapter 27, "Flood Control," of the Hawai `i County Code. (c) Applicable standards and regulations of the Federal Emergency Management Agency (FEMA). (d) Applicable standards and regulations of Chapter 10, "Erosion and Sedimentation Control," of the Hawaii County Code. (e) Applicable standards and regulations of the Natural Resources Conservation Service and the Soil and Water Conservation Districts. Discussion: The project site is not located in a flood zone and would conform with applicable standards and regulations pertaining to drainage and erosion and sediment control. Therefore the project will conform to and abide by applicable goals, policies and standards of the Flooding and Other Natural Hazards chapter of the General Plan. Historic Sites — Goals (a) Protect, restore and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. Historic Sites —Policies (a) Require both public and private developers of land to provide historical and archaeological surveys and cultural assessments, where appropriate, prior to the clearing or development of land when there are indications that the land under consideration has historical significance. (b) Signs explaining historic sites, buildings and objects shall be in keeping with the character of the area or the cultural aspects of the feature. Historic Sites — Standards (a) The evaluation of the importance of specific historic sites is necessary for future action. The following standards establish a framework for evaluating sites. (b) Importance in the life or activities of a major historic person. (e) Associated with a major group or organization in the history of the island or community. (d) Associated with a major historic event (cultural, economic, military, social, or political). (e) Associated with a major recurring event in the history of the community (such as annual celebrations). (1) Associated with a past or continuing institution that has contributed substantially to the life of the connmuruty. (g) Unique example of a particular style or period. (h) One of the few of its age remaining. (i) Original materials and/or workmanship that can be valued in themselves. (j) Sites with a preponderance of original materials in context and complexes rather than single isolated sites unless they are of great significance. (k) Sites of traditional and cultural significance. Discussion: The project site has been the subject of an archaeological inventory and one site is being preserved, although preservation is not required. The project conforms with applicable portions of the Historic Sites chapter of the General Plan. Natural Beauty — Goals (a) Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. (b) Protect scenic vistas and view planes from becoming obstructed. Natural Beauty — Policies (a) Protect the views of areas endowed with natural beauty by carefully considering the effects of proposed construction during all land use reviews. (b) Do not allow incompatible construction in areas of natural beauty. Discussion: Because the project site is not located in an area noted for its natural beauty. would not obstruct scenic vistas and viewplanes, and is compatible with its surroundings, the project is conformant with applicable goals and policies of the Natural Beauty chapter of the (3encral Plan. Natural Resources and Shoreline — Goals (a) Protect and conserve the natural resources hronn undue exploitation, encroachment and damage. (b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources. (,c) Protect and promote the prudent use of Ilawaii's unique, fragile, and significant environmental and natural resources. (d) Protect tare or endangered species and habitats native to Hawaii. (e) Ensure that alterations to existing land forms, vegetation, 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. Natural Resources and Shoreline — Policies (a) Require users of natural resources to conduct their activities in a manner that avoids or minimizes adverse effects on the environment. (b) Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses. (c) Encourage the use of native plants for screening and landscaping. (d) Preserve and protect significant lava tube caves. (e) Ensure that activities authorized or funded by the County do not damage important natural resources. Natural Resources and Shoreline — Standards The following shalt be considered for the protection and conservation of natural resources. (a) Areas necessary for the protection and propagation of specified endangered native wildlife, and conservation for natural ecosystems of endemic plants, fish and wildlife. Discussion: The project would provide housing opportunity without subjecting natural resources to exploitation, encroachment, and damage. Rare species and a lava tube would be protected and landscaping would incorporate native species. For these reasons the project would conform to the applicable goals, policies, and standards of the Natural Resources and Shoreline chapter of the General Plan. Housing — Goals (a) Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. (b) Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. Housing — Policies (a) Encourage corporations and nonprofit organizations to participate in Federal, State and private programs to provide new and rehabilitated housing for low and moderate income families. (b) Initiate and participate in activities with the private sector including the provision of leadership and expertise to neighborhoods and nonprofit organizations in the development of housing and community development projects. (c) Accommodate the housing requirements of special need groups including the elderly, handicapped, homeless and those residents in rural areas. (d) Encourage the use of suitable public lands for housing purposes in fee or lease. (c) Vacant lands in urban areas and urban expansion areas should be made available for residential uses before additional agricultural lands are converted into residential uses. (f) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio- economic housing mix. Discussion: The project aims to achieve and conform to the applicable goals, policies and standards of the Housing chapter of the General Plan. The project would provide safe sanitary, affordable housing units and livable housing for the homeless families, in part by involving nonprofit organizations. '77, T, lx I TI:l+F KALOKO HOUSING PROJECT 108 '19. cal�l OF Harry Kim , o ?Mt xe Lincoln S.T. Ashida Corporation Counsel Gerald Taken Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street. Suite 325 o Hilo, Hawaii 967204262 • (806) 961 -8251 . Fax (808) 961 -8622 \ r y; I� DATE: February 7, 2007 TO: Jeremy McComber -� OHCD FROM: Jennifer Kualii, Legal Clerk to Patricia K. O'Toole, Deputy Corporation Counsel RE: TSA Dedication Deed COPIES/ITEMS DATE DESCRIPTION Recorded copy 10/25/06 1 Dedication Deed Between TSA Corporation and the County of Hawai'i Recorded with the Bureau of Conveyances as Document No. 2006- 195002 Ii7tT►fyjTitf ■i�7�ili ® Your information and files ❑ Your approval El Your signature and return ❑ Your review and comments ❑ Your signature and forwarding ® See remarks below as noted below ❑ Filing and return (envelope enclosed) ® Per your request REMARKS: Should you have any questions regarding the foregoing, please contact our office. Thank you. Enclosure Hawaii County is an Equal Opportunity Provider and Employer vJ�/ I��II� 20 IIII ��i 111 Itl � ZB R-658 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED OCT 25, 2006 06:02 AM Doc No(s) 2006. 185002 REGISTRAR OF CONVEYANCES CONVEYANCE TAX: $0.00 AFTER RECORDATION, RETURN BY MAIL [ :] PICK -UP ( ] county of Hawai'i Office of the Corporation Counsel 101 Aupuni Street, Suite 325 This document contains ') pages Hilo, Hawaii 96720 TITLE OF DOCUMENT: DEDICATION DEED PROPERTY DESCRIPTION: .LIBER /PAGE /DOCUMENT NO.: LOT A :2006 - 112197 COUNTY OF HAN;AI'I - STATE OF HAUTAVI -LAND COURT DOCUMENT NO.: N/A :TRANSFER CERTIFICATE OF TITLE NO(S).: N/A PARTIES TO DOCUMENT: GRANTOR: TSA CORPORATION, a Hawai i corporation 1585 Kapiolani Boulevard, Suite 910 Honolulu, Hawai i 96814 GRANTEE: COUNTY OF HAWAI a municipal corporation 25 Aupuni Street Hilo, Hawaii 96720 TAX MAP KEY: (3) 7 -3 -009 -055 146975.2 DEDICATION DEED THIS DEDICATION DEED is made as of the q+k day of 2006, by and between TSA CORPORATION, a Hawaii corporation, whose post office address is 1585 Kapiolani Boulevard, Suite 910, Honolulu, Hawaii 96814 (hereinafter referred to as "Grantor°), and the COUNTY OF HAWAII, a municipal J corporation, whose post office address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as "Grantee ). % I T N E S s E T H: - That for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, dedicate and convey unto Grantee, and its successors and assigns, in fee simple, forever, all that certain real property located at Kaloko, North Kona, Island and County of Hawai'i, state of Hawai i, consisting of approximately 8.016 acres of land, more particularly described in Exhibit "A attached hereto and by reference incorporated herein, together with the reversions, remainders, rents, issues and profits thereof, and all of the estate, right, title and interest of Grantor, both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, together with all improvements thereon, tenements, rights, easements, privileges 146975.2 and appurtenances thereunto belonging or appertaining, unto Grantee as aforesaid, in fee simple, for any public purpose deemed appropriate by Grantee, forever. Grantor hereby covenants that Grantor is the owner in fee simple of the property described in said Exhibit "A" and has good right to dedicate and convey the same; that said property is free and clear of all liens and encumbrances, except as described in said Exhibit "A " ; and Grantor shall WARRP.NT and DEFEND the same unto Grantee against the lawful claims and demands of all persons claiming by, through or under Grantor, except as aforesaid. The covenants made by Grantor and /or Grantee, and all rights and benefits conferred hereunder upon Grantor andlor Grantee, shall be binding upon and inure to the benefit of Grantor and /or Grantee and their respective successors and assigns. In interpreting this instrument, the use of any gender shall be construed to include all genders, and the use of any number shall be construed as either singular or plural, as the circumstances may require. The terms Grantor and Grantee, together with any pronouns used in lieu thereof, refer to the singular or plural as the case may be. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an 195515.2 original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. All covenants and obligations undertaken by two or more persons or entities shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. Grantee, for itself and its successors and assigns, does hereby acknowledge and agree that (i) all land and improvements thereon conveyed by this instrument will be dedicated and conveyed in its EXISTING °AS IS ", "WHZRE IS ", "WITH ALL FAULTS" CONDITION, WITHOUT RARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, and (ii) Grantor is disclaiming any express or implied warranties and representations with respect to such property. Further, Grantee does hereby agree, acknowledge and affirm to Grantor that Grantee has had full opportunity to inspect said property and accepts the same in an AS rS ", "NHERE IS", "WITS ALL MOLTS" condition. 146975.2 0 IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument as of the day and year first hereinbefore written. GRANTOR TSA CORPORATION, a Hawaii c rpo ion By: Hideki yashi Its: resident GRANTEE COUNTY By: C �/(� O/F� HAWAII Yt w^ � l-- Name: DIXIE KAETSU Its: Managing 6lredor Approved as to Form and Legality: Deputy Corporation Counsel County of Hawaii lt6975.a STATE OF ) P ) SS. COUNTY OF On this day of 2006, before me appeared ushl to me personally known, who, being by me duly sworn or affirmed, did say that he /she executed the foregoing instrument as his /her free act and deed, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity, Notary Public, in and for said County and State � Print Name: NOEL ANI N. JINBO My commission expires: 0 146975.2 STATE OF SS. COUNTY OF On this day of 2006, before me appeared to me personally known, who, being by me du sworn or affirmed, did say that he /she executed the foregoing nstrument as his/her free act and deed, and if applicable, in the apacity shown, having been duly authorized to execute such instrum nt in such capacity. Notary P lic, in and for said County an State Print Name. My commissio 7,Lr qles. 1. 7 146975.2 STATE OF HAWAII COUNTY OF HAWAII On this 9 } )$S } day of 0 L'b 6 t 2006, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5- 1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6- 1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. _ t }. c�a wti JEAN ' � (E " RNES Notary Public, State of Hawaii My commission expires: 11/1/2009 s EXHIBIT "A" Lot A Being a portion of Lot 7 -C -2, being also a portion of Royal Patent 8214, Land Commission Award 7715, Apana li to Lota Kamehameha. Situate at Kaloko, North Kona, Island of Hawaii, Hawaii Beginning at the Northwest corner of this parcel of land, being also the Northeast corner of Lot 7 -D and on the Southwest side of Hina Lani Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,039.06 feet South and 20,521.12 feet West, and running by azimuths measured clockwise from true South: 1. Along the Southwest side of Hina Lani Street, on a curve to the right with a radius of 2,460.00 feet, the chord azimuth and distance being: 302' 25' 31.2" 448.69 feet; 2. 307' 39' 28" 726.62 feet along the same; 3, Thence along Lot C (Road Re w th ad s of 30,00 feet right the chord azimuth and distance being: 352' O1' 16" 41.95 feet; 4. 36" 23' 04" 135.29 feet along the same; 5. Thence along same, on a curve h right radius 470 00 feet the ha d f azimuth and distance being: 49' Ol' 24.5" 205.68 feet; 6. 61' 39' 45" 177.12 feet along same; Exhibit "A' Page 1 of 3 F] 146975..2 G 7. 151' 39' 45° 1197.41 remainderofoR.P 7-D along the 8214, L .C. Aw.771 Apana 11 to Lota Kamehameha to the point of beginning and containing an area o f s.016 acres. Being a r11, portion 005 t recorded S in the Bureau o f conveyances dated November 11, of the State of xawaii as Document No. 2005- 231805, as corrected by Correction Deed dated June 5, 2006, recorded in said Bureau as Document No. 2006 - 112197. SUBJECT, HOWEVER, TO THE FOLLOWING: 1, Any and all real property taxes due and owing. 2. The lien of deferred or roll back taxes, if any- 3. Any and all improvement district assessments due and owing. d. Reservation in favor of the state of Hawaii of all mineral and metallic mines. cOmPly S. The terms an d provisconditionsuandg t the failure reservations, contained with any covenants, in that certain Declaration dated March 4, 19 °.1, recorded in said Bureau as Document No. 91- 041779, as amended. 6• Certificte of recordedain said sBureaunasL dated DocumentNo' 91 2090491 01 7. Grant dated July 19, 1995, recorded in said Bureau as Document No. 95- 105422. Exhibit— A page 2 of 3 01 146975.2 B. Grant_ of easement for landscape purposes over and across Easement "L -100 more particularly set forth in an instrument entitled "KALOKO B ACRES SUBDIVISION METES AND BOUNDS DESCRIPTIONS TMK: (3) 7- 3- 09 -02B recorded November 9, 2005 in said Bureau as Document No. 2005- 229475. 9, The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in that certain Agreement dated July 14, 2006, recorded in said Bureau as Document 2006- 134796. - NOTE:- THERE IS HEREBY OMITTED FROM ANY COVENANTS, CONDITIONS AND RESERVATIONS CONTAINED IN ANY INSTRUMENT DESCRIBED HEREIN, ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT OR RESTRICTION (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. END OF EXHIBIT "A" Exhibit "A" page 3 of 3 10 146975.2 18.145.79 19,924.87 r Fribb OAP RX —'TOTAL for Windows' ApPral'sal suftwale by a I& mean, inc. — 1- BCO- AL4A7ooE (Road Reserved) 0.783 Ac. Lot 8 36:3.106 Ac. MET Fribb OAP RX —'TOTAL for Windows' ApPral'sal suftwale by a I& mean, inc. — 1- BCO- AL4A7ooE Current use and ownership ofthe properties adjacent to the site are as follows: North /East: TMK 7 -3- 009:025, Use: Vacant, Owner: Kaloko Properties Corp., 1585 Kapiolani Blvd. #910, Honolulu 141 96814 and SCD Kaloko Makai LLC, 1 100 Alakea St 27th Fl, Honolulu 111 96813 Sonih/East: TMK 7 -3- 009:028, Use: Vacant. Owner: Kaloko Properties Corp., 1585 Kapiolani Blvd. #910, Honolulu HI 96814 and SCD Kaloko Makai I.A.C. 1100 Alakea St 27th FL Honolulu LIl 96813 South /West: TMK 7- 3- 009:028, Use: Vacant. Owner: TSA Corporation, 1585 Kapiolani Blvd, Ste 910, Honolulu H196914 South/West: TMK 7- 3- 009:056, Use: vacant, Owner: Waikoloa Village Association, PO Box 383910, Waikoloa 1I196738