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HomeMy WebLinkAboutCOM 0647.000 2010-2012William P. Kenoi Mayor March 13, 2012 County of Hawaii 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona, Hawai'i 96740 (808) 323-4444 • Fax (808) 326-5663 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chairman Yagong and Members: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A -la to RS -20 Tax Man Kev: 7-6-004:018 William T. Takaba Managing Director Wally Lau Deputy Managing Director As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced request. Sincerely, t � William P. Kenoi Mayor Enclosures cc: Planning Department (bill 219) Comm. INC. (P Ref. To: Ref. Dote MAR l 6 20 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 V T1 AR 13 2012 The Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A -la to RS -20 Tax Map Key: 7-6-004:018 The Leeward Planning Commission, after a duly held public hearing on February 16, 2012, voted to recommend for your approval the proposed legislative bill for a Change of Zone from an Agricultural — 1 acre (A -la) to a Single -Family Residential — 20,000 square feet (RS -20) zoning district for 1.090 acres of land. The property is located on the east (mauka) side of the Mamalahoa Highway in H61ualoa town at the northeastern corner of the Old Government Road - Homestead Road intersection, across from the H61ualoa Gallery, H61ualoa 1St and 2"d, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a Change of Zone from A -la to RS -20 for 1.090 acres of land to develop a 2 -lot subdivision with an average lot size of 23,000 square feet. One parcel (Lot 14-A) will be approximately 23,748 square feet, and the other parcel (Lot 14- B) will be approximately 23,750 square feet in size. The proposed two -lot subdivision will allow for the distribution of the Trust assets to the beneficiaries. Hawai `i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 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 Change of Zone request from a Agricultural (A -la) to Single -Family Residential 20,000 square feet (RS -20) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A -la and the State Land Use designation is Urban. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Medium Density Urban for the makai portion of the property, and Low Density Urban for the mauka portion of the site. These designations allow residential, ancillary community and public uses, and neighborhood and convenience -type commercial uses. Thus, the request would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. The Kona Community Development Plan designates the property as Rural Town TOD, outside of the Kona Urban Area. The request is consistent with Policy LU -3 (Rural Area Grown Management), to preserve the rural character of the existing rural towns, the agricultural lifestyle, and the open landscape. It is also consistent with Policy LU -3.1 (Redevelopment of Rural Town as TODs/TNDs), which state that "the rural towns along Mamalahoa Highway, consisting of Holualoa, Honalo, Kainaliu, Kealakekua and Captain Cook, are encouraged to be redeveloped as TODs/TNDs. The request is consistent with the regional land use framework of the Guiding Principles of the Rural Area as the proposed rezoning will maintain the existing rural lifestyle and culture of the Holualoa community. The property is rectangular in shape, landscaped and developed with a 49 -year old approximately 1,416 -square foot single-family residence. Portions of the property are landscaped. The property is bordered by residential and vacant lots, Government Road The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 and Homestead Road. Surrounding properties are zoned A -la to the north and east, and CV -10 to the south and east across Mamalahoa Highway. The Honpa Hongwanji Mission, Holualoa Library and Holualoa Post Office are located south of the parcel, on TMK Nos. 7-6-4: 5, 7 and 9, respectively. The project site is designated Zone "X", areas determined to be outside the 500 - year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are designated "C" or "Fair" by the Land Study Bureau. The access to the site is from the Mamalahoa Highway, a two-lane County roadway with a pavement width of approximately 20 feet, and Old Government Road, a two-lane County roadway with a pavement width of approximately 8 feet (in poor to good condition) with gravel/grass shoulders, within a 25 -foot right-of-way. The property frontage along the Mamalahoa Highway and the Old Government Road is not improved. In a memo dated December 7, 2011, the Department of Public Works (DPW) recommends improvements to the Government Road/Mamalahoa Highway intersection to allow for two-way traffic along the property frontage of old Government Road consisting of, but not limited to, pavement widening and transition, drainage improvements, and any relocation of utilities. According to the DPW, a portion of the subject property fronting Old Government Road serves as perpendicular parking for businesses on TMK: 7-6-4: 13. The DPW recommends that conditions be imposed to require the applicant to maintain the parking use on the property as the Holualoa commercial area has limited capacity for parking. In addition, the DPW recommends that the applicant improve and dedicate an additional 8 feet of right-of-way width to the entire subject property's Old Government Road frontage to accommodate on -street parking, meeting with the approval of the DPW, at no cost to the County. Conditions of approval will generally reflect the DPW's recommendations. However, some flexibility in the ultimate extent of improvements to the Old Government Road will be afforded to the Department of Public Works due to this limited volume of traffic along this section of the Old Government Road, the existence of historic rock wall features within the existing right-of-way, existing utilities that could complicate any widening, and other possible issues that may complicate or prevent the widening of this roadway to the preferred 16 -foot wide width. Currently, in addition to the Mamalahoa Highway and Old Government Road, the property has access from a 12 -foot wide asphalt and gravel private roadway; however, the private roadway will not be used for access should the request be approved. This road The Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 does not meet Chapter 23 (Subdivision) of the Hawaii County Code for pavement and right-of-way width. All utilities and services are available to the site. County water is available to the project site. One lot will be serviced by the existing cesspool, the other will utilize an individual wastewater system. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. By letter dated September 14, 2011, the applicant requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). In letters dated October 28, 2011 and December 22, 2011, the DLNR- HPD has indicated that the project will have no adverse effect on historic properties. As the project site is improved with a single-family dwelling and landscaped, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicants believe that there are no known rare or endangered flora or fauna on the site. The area has not been identified as a significant botanical or biological habitat. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -la) to a Single Family Residential (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, a draft bill amending Section 25-8-3 (North Kona Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition) is transmitted. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are also enclosing copies of the staff Background, Planning Director's Recommendation, a transcript of the hearing, February 16, 2012 Department of Public Works comments, and the Power Point presentation for your information. Sincerely, r Geraldine Giffin, Chairman Leeward Planning Commission Ltowatarez I 1-1481pc2 Enclosures cc: Kenneth Goodenow, Esq. Millicent Towata Grand, Successor Trustee of the Lillian U. Towata RLT Department of Public Works Department of Water Supply Department of Land & Natural Resources -HPD DOT -Highways, Honolulu Amy Self, Esq., Corporation Counsel Planning Department - Kona 0! '- -9 a x T DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII ' r HILO, HAWAII DATE: February 16, 2012 Memorandum TO B.J. Leithead-Todd, Planning Director Planning Department FROM Ben Ishii, Division Chie Engineering Division SUBJECT Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Location: Holualoa, N. Kona, HI TMK: 3/ 7-6-004:018 We reconsidered the subject application and have the following supplemental comments/revisions to our memo dated December 7, 2011. ROADWAYS Upon further examination of Old Government Road, we request that the applicant be required to dedicate a 12.5 foot wide portion of the property along the entire frontage of Old Government Road. The width is consistent with our policy of requesting'/2 of the difference between the existing right-of-way and the Subdivision Code standard right-of- way width of a minor road (50 feet). For consistency this request will also be made by DPW upon receiving future rezoning applications for other properties fronting this road. Consistency is not the only reason we are making this request. Please note on Exhibit 4, the intersection of Old Government Road with Mamalahoa Highway is an acute angle effectively forcing the pavement to the subject property side of the right-of-way to allow for turning movements. Any widening to allow for two-way traffic should be to the subject property side in order to facilitate turning movements. The additional 12.5 feet will allow for an additional 8 feet of lane width and a 4.5 foot shoulder, which we consider the minimum necessary to allow for two-way traffic. Having reached the above revised conclusion, we further wish to withdraw our ROADWAYS comment number 4, regarding provision for parking. 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 U ✓g I Bill 219/Comm. 647 BTGrandREZ.doc-1/19/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST CHANGE OF ZONE APPLICATION (REZ 11-148) MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST has submitted an application for a Change of Zone from Agricultural 1 -acre (A-1 a) to Single -Family Residential 20,000 square feet (RS -20) for approximately 1.090 acre of land. The property is located on the east side of the Mamalahoa Highway in Holualoa town at the northeastern corner of the Old Government Road — Homestead Road intersection, across from the Holualoa Gallery, Holualoa 1st and 2nd, North Kona, Hawaii, TMK: 7-6-004: 018. PROPOSED ACTION 1. Request: Change of zone from A-1 a to RS -20 for 1.090 acre of land to develop a 2 -lot subdivision with an average lot size of 23,000 square feet. One parcel (Lot 14-A) will be approximately 23,748 square feet, and the other parcel (Lot 14-B) will be approximately 23,750 square feet in size. The proposed two -lot subdivision will allow for the distribution of the Trust assets to the beneficiaries. (Planning Department Exhibit 1 - Change of Zone application) 2. Landowner: Lillian U. Towata Trust. STATE AND COUNTY PLANS 3. State Land Use Designation: Urban. 4. GP LUPAG Map: Medium Density Urban for the makai portion of the property, and Low Density Urban for the mauka portion of the site. 5. County Zoning: A- Ia. 6. Kona Community Development Plan (KCDP): Rural TOD, outside of the Kona Urban Area. 7. Special Management Area: The property is not located in the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Project Site: The property is rectangular in shape, landscaped and developed with a 49 - year old approximately 1,416 -square foot single-family residence. Portions of the property are landscaped. 9. Surrounding Zoning/Land Uses: The property is bordered by residential and vacant lots, Government Road and Homestead Road. Surrounding properties are zoned A -la to the north and east, and CV -10 to the south and east across Mamalahoa Highway. The Honpa Hongwanji Mission, Holualoa Library and Holualoa Post Office are located immediately south of the parcel, on TMK Nos. 7-6-4: 5, 7 and 9, respectively. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "C" or "Fair". 12. U.S. Soil Survey: HRD, or Honaunau Series extremely rocky silty clay loam. This soil is typically used for pasture and wildlife habitat. The subclass rating indicates severe limitations of this type of soil for agricultural activities. 13. FEMA: The property was part of a Letter of Map Revision (LOMR) 07-09-05338P and is located in Zone "X", an area determined to be outside of the 500 -year flood plain. 14. Flora/Fauna: As the project site is improved with a single-family dwelling since 1962, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicant believes that there are no known rare or endangered flora or fauna on the site. 15. Archaeological/Cultural Resources: By letter dated September 14, 2011, the applicant requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR HPD). In letters dated October 28, 2011 and December 22, 2011, the DLNR-HPD has indicated that the project will have no adverse effect on historic properties. 16. Air Quality: The proposed project is not expected to impact air quality in the area. 17. Scenic/Visual Resources: The property is not listed as a scenic site in the Natural Beauty element of the General Plan. 18. Public Access: None that traverses the property. 19. Traffic: The proposed action will not create a significant increase in traffic. -2- PUBLIC UTILITIES AND SERVICES 20. Access: The access to the site is from the Mamalahoa Highway, a two-lane County roadway with a pavement width of approximately 20 feet, and Old Government Road, a two-lane County roadway with a pavement width of approximately 8 feet (in poor to good condition) with gravel/grass shoulders, within a 25 -foot right-of-way. The property frontage along the Mamalahoa Highway and the Old Government Road is not improved. In a memo dated December 7, 2011, the Department of Public Works (DPW) recommends improvements to the Old Government Road/Mamalahoa Highway intersection to allow for two-way traffic along the property frontage of Old Government Road consisting of, but not limited to, pavement widening and transition, drainage improvements, and any relocation of utilities. According to the DPW, a portion of the subject property fronting Old Government Road serves as perpendicular parking for businesses on TMK: 7-6-4: 13 (across the street). The DPW recommends that conditions be imposed to require the applicant to maintain the parking use on the property as the Holualoa commercial area has limited capacity for parking. In addition, the DPW recommends that the applicant improve and dedicate an additional 8 feet of right-of-way width to the entire subject property's Old Government Road frontage to accommodate on -street parking, meeting with the approval of the DPW, at no cost to the County. Currently, in addition to the Mamalahoa Highway and Old Government Road, the property has access from a 12 -foot wide asphalt and gravel Homestead Road, but this road will not be used for access. 21. Water: County water is available to the site. 22. Wastewater: One lot will be serviced by the existing cesspool, the other will utilize an individual wastewater system. 23. Solid Waste: Solid waste will be disposed of by the individual lot owners. 24. Essential Utilities and Services: All essential utilities are available to the project site. AGENCIES' COMMENTS 25. Department of Public Works: P. D. Exhibit 2 - December 7, 2011 memo 26. Department of Water Supply: P.D. Exhibit 3 - December 19, 2011 letter 27. Police Department: P.D. Exhibit 4 - December 14, 2011 memo -3- r 28. Fire Department: P.D. Exhibit 5 - December 8, 2011 memo 29. Department of Environmental Management: P.D. Exhibit 6 - December 5, 2011 memos 30. Office of Housing and Community Development: P.D. Exhibit 7 - December 12, 2011 memo 31. DLNR Historic Preservation Division: P.D. Exhibit 8 - December 22, 2011 letter 32. DLNR Land Division: P.D. Exhibit 9 - January 12, 2012 letter and responses 33. Department of Health: P.D. Exhibit 10 - December 23, 2011 memo 34. Department of Transportation: P.D. Exhibit 11- December 16, 2011 memo ORGANIZATIONS - NO RESPONSE 35. Kona Traffic and Safety Committee APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 36. P.D. Exhibit 12 - January 5, 2012 letter PUBLIC COMMENTS 37. None as of this writing. -4- .r , CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Livina Trust APPLICANT'S SIGNATURE: See attached authorization letter DATE: ADDRESS: P.O. Box 333, Holualoa, Hawaii 96725 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (Fax) LANDOWNER(S): Millicent Towata Grand Successor Trustee of the Lillian U. Towata Revocable Living Trust LANDOWNER SIGNATURE(S): See attached authorization letter DATE: (May be by letter) LANDOWNER(S) ADDRESS: P.O. Box 333 Holualoa Hawaii 96725 REQUEST: Agricultural (A -la) TO Single -Family Resident Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-6-004:018 STREET ADDRESS OF PROPERTY: 76-5913 Old Government Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 1.090 acres AGENT: Kenneth G. Goodenow ADDRESS: Carlsmith Ball, LLP, 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: Kenneth G. Goodenow COPIES: Millicent Towata Grand Planning Dept. Exhibit _ / ___ FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key: (3) 7-6-004:018 Allotment 14, Mauka Section of Holualoa 1st and 2nd Partition Holualoa 1st and 2nd, District of North Kona, Island, County and State of Hawaii The undersigned is the fee owner of the real property above -identified, and hereby authorizes Carlsmith Ball LLP to apply for, execute and process any and all County, State and federal governmental. permit. applications relating to the above referenced property, and to participate in proceedings related to said property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. LILLIAN U. TOWATA REVOCABLE LIVING TRUST DATED JANUARY 24, 1999 -k f a� By: - 4� MILLICENT A. GRAND Successor Trustee of the Lillian U. Towata Revocable Living Trust dated January 24, 1999 The attached document: Fee Owner's Authorization Letter, dated March j—, 2010, which consists of one (1) page (including this page), was executed by Millicent A_ Grand, who was subscribed and sworn to before me this 3rd day of March, 2010 in the Third Judicial Circuit of the State of Hawaii. [Notary Signature]: Phyllis F. Connors Printed Name: Notary Public Third Judicial Circuit State of Hawau My commission expires: Commission expires 704–zo+ D 4849-1270-6048.1 I &M I*,, I .......,,•NO NOTARY '.�0 PUBLIC * • No. 06-296 s�•• .NPyyP� •' + BJ Leithead Todd Planning Director 101 Pauahi Street, Room 3 Hilo, Hawaii 96720 Attention: Phyllis Fujimoto CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 P.O. Box 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE 808.329.6464 FAx 808.329.9450 W W W.CARLSMMi.COM RTRIANTOS@CARLSMITH.COM November 17, 2011 PLA 14G 0EP1117?IFENT - ' VP 17 AN 1}: 59 Re: Change of Zone Application (A -la to RS -20) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Allotment 14, Mauka Section of Holualoa I" and 2nd Partition Holualoa I"' and 2nd Partition, District of North Kona Tax Map Key No.: (3) 7-6-004.018 Dear Ms. Todd: This letter supplements our submittal of October 25, 2011, and clarifies that: 1. proposed Lot 14-B will be a pole lot and will have direct access to a government road via the Old Government Road, and will not take access off of the 12 -foot wide Homestead Road along its southern and eastern boundary, and 2. proposed Lot 14-A will have direct access to a government road via the Old Government Road, and will not take access off of the 12 -foot wide Homestead Road along its southern boundary. Please feel free to contact me or my paralegal Katherine Luga should you have any questions concerning this submittal. Thank you for your consideration in this matter. KGG:KYL xc: Client Robert D. Triantos, Esq. Very truly yours, KENNETH G. GOODENO W ANS. HONOLULU KAPOLEI HILO KONA MAUI GUAM $AIPAN LOS ANGELES 0 APPLICA TION FOR CHANGE OF ZONE Agricultural (A -]a) to Single -Family Residential (RS -10) Allotment 14, Mauka Section of Holualoa 1" and 2"d Partition Holualoa 1 and 2, North Kona TMK: (3) 7-6-004:018 Prepared for: Millicent Towata Grand Successor Trustee of the Lillian U. Towata Revocable Living Trust P.O. Box 333 Holualoa, Hawaii 96725 Prepared by: Kenneth G. Goodenow Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: 808.93 5.6644 October, 2011 f T 52 SUMMARY Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Project: East (mauka) side of North Kona Belt Road (Mamalahoa Highway) and north of Honpa Hongwanji Mission parcel, Holualoa Library and the Holualoa Post Office, situate at the Mauka Section of Holualoa 1 st and 2nd Partition, District of North Kona, Island of Hawaii, Hawaii Request: Change of Zone from Agricultural (A -la) to Single -Family Residential (RS -20) with a land area of approximately 1.090 acres to allow for the development of a two (2) lot subdivision for estate planning purposes TMK 7-6-004:018 Area in Acres 1.090 acres General Plan Medium Density Urban (approximately 75%) and Low Density Urban (approximatel 25%) State Land Use Urban Zoning Agricultural (A -1a) Kona Community Development Plan Outside of the Kona Urban Area; Within the Rural Town TOD; In -fill development SMA Outside of the SMA Flood Hazard Zone "X" mapped; Letter of Map Revision dated 02/28/07 Archaeological Resources None Scenic and Open Space Resources Not listed in the General Plan Access County owned and maintained North Kona Belt Road Water System Existing 5/8th-inch meter Wastewater Cesspool serves the existing dwelling Police/Fire Service Services Available Utilities Services Available APPLICA TION FOR CHANGE OF ZONE BACKGROUND and COUNTY ENVIRONMENTAL REPORT Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Tax Map Key No.: (3) 7-6-004:018 ("Property") Holualoa 1 S` and 2"d Partition, District of North Kona, Island and County of Hawaii 1. PROPOSED DEVELOPMENT 1.1 Ownership Ownership of TMK: (3) 7-6-004:018 is held by Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust, dated January 24, 1999 by Warranty Deed dated February 13, 2002, recorded in the Bureau of Conveyances of the State of Hawaii, as Document No. 2002-029247 (Exhibit 12 -Deed). 1.2 General Site Description The Property consisting of a total land area of 1.090 acres, is fully improved with an existing single family residential dwelling of approximately 1,416 square feet living area and landscaping. The Property is bordered by residential house lots, vacant lots, the 25 -foot wide Government Road and the 12 -foot wide Homestead Road. The Honpa Hongwanji Mission parcel, Holualoa Library and Holualoa Post Office are located immediately to the south at TMKs: (3) 7-6-004: 005, 007 and 009. The Old Government Road abuts the Property along its western boundary which connects to the North Belt Road (also known as the Mamalahoa Highway) near the Property's southwestern boundary. An approximately 12 -foot wide mixed asphalt, concrete and gravel Homestead Road abuts the Property along its southern and eastern boundaries. The Property is more particularly described as being Allotment 14, Mauka Section of Holualoa I" and 2"d Partition, situate at Holualoa 1 and 2, North Kona, District of North Kona, Island and County of Hawaii (Exhibit 1 -Location Map; Exhibit 2 -Tax Map; Exhibit 3 -Photographs). The Property's street address is 76-5913 Old Government Road. 1.3 Statement ofObiectives The Applicant is seeking a Change of Zone for the approximately 1.090 -acre Property from the Agricultural (A -la) district designation to the Single Family Residential (RS -20) district designation to develop a 2 -lot subdivision with an average lot size of 23,000 square feet, which will allow for the distribution of the Trust assets to the beneficiaries. The 2 -lot subdivision (the "Project") is to consist of: • Lot 14-A (approximately 23,748 square feet); and • Lot 14-B (approximately 23,750 square feet). (Exhibit 4 -Site Plan; Exhibit 5 -rezoning map and metes/bounds description). This County Environmental Report has been prepared according to the requirements of Page I Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A -I a to RS -20) Section 25-2-42 of the Hawaii County Code, in support of the Change of Zone application for the Project. 2. RELATIONSHIP TO LAND USE PLANS, POLICIES AND CONTROL 2.1 State Plan The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable policies discussed below. State Goal Section 226-4, HRS sets forth three components to this plan: (1) To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations; (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people; (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Hawaii State Plan encourages choice and mobility that insure that individuals and groups attain self-reliance and self-determination. Approval of the requested rezoning should satisfy all of the foregoing objectives, by fulfilling an increasing demand for housing for present and future generations of Hawaii residents. State Plan Housing Goals Section 226-19, HRS sets forth the policies for socio-economic advancement and housing. Objective: Policies: The orderly development of residential areas sensitive to community needs and other land uses. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Facilitate the use of available vacant, developable, and underutilized urban lands for housing. Page 2 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A- I a to RS -20) Discussion: The Hawaii State Plan, Socio -Economic Advancement -Housing, encourages the orderly development of residential areas sensitive to community needs and other land use and the promotion of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Approval of the requested rezoning should satisfy the foregoing socio-economic objective and policies relating to housing, by developing underutilized urban lands for housing. 2.2 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Property is situated in the State Land Use Urban District (Exhibit 6-SLU map). The Urban District shall include activities or uses as provided by ordinances or regulations of the county within which the Urban District is situated. The proposed rezoning will complement the existing Urban setting of residential development, commercial centers, and community and public service facilities in Holualoa, which is characterized by "city -like" concentrations of people, structures, streets, urban level of services, and other related uses. The Project would expand this general characteristic, and such use is not contrary to the purposes of the State Land Use Law Urban designation for the Property. 2.3 Hawaii County General Plan The General Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The LUPAG map designates approximately 75% of the Property as Medium Density Urban and approximately 25% as Low Density Urban (Exhibit 7-LUPAG Map). The Medium Density Urban designation allows for uses such as village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential -- up to 35 units per acre). The Low Density Urban designation allows for residential, with ancillary community and pubic uses, and neighborhood and convenience -type commercial uses; overall residential density may be up to six units per acre. The proposed rezoning would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan as follows: Page 3 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) Economic Element: Goals • Provide residents with opportunities to improve their quality of life through economic development that, enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. • Strive for diversity and stability in the economic system. • 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 requested rezoning would foster the above-cited economic goals of the Hawaii County General Plan by providing short-term construction -related 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. The requested rezoning would also complement the surrounding zoning and land use of adjacent parcels, and help to retain the overall ambience of Holualoa, thereby promoting the County's economic goals in harmony with its social and physical environments. Land Use Element - In General: Policies Zone urban -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. Standard 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 needs. Land Use Element - Single Family Residential: Goals To maximize choices of single-family residential lots and/or housing for residents of the County. To ensure compatible uses within and adjacent to single-family residential zoned areas. To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers that take natural beauty into consideration. Page 4 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) To enhance the overall quality of life in our residential communities. Standard Areas shall have basic improvements and amenities necessary for immediate use. Land Use Element — North and South Kona: Course of Action Encourage the development of appropriately located and serviced privately -held and State-owned lands for house lots. Discussion: The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential uses, commercial and visitor service, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. The Land Use element provides the primary basis for direct control and guidance of publicly and privately owned resources. These urban centers and clusters provide physical, social, governmental and economic concentrations so that the total activities of the community can be more readily and easily conducted. The requested change of zone would foster the Land Use element policies and standard by allowing for diversity and stability by promoting and encouraging the rehabilitation and uses of urban areas, and allocating appropriate zoning in accordance with the existing needs of a community. The proposed change of zone would allocate land uses in keeping with the Property's LUPAG designation for "Medium Density Urban", "Low Density Urban", and the General Plan goals, policies and standards which seek to maximize convenience for its occupants in areas within close proximity to places of employment, shopping facilities, educational and cultural facilities, and public facilities and utilities. Housing - In General: Goals • Attain safe, sanitary, and livable housing for the resident of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply that allows a variety of choices. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. Page 5 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Policy Application for Change of Zone ( A-1 a to RS -20) Aid and encourage the development of a wide variety of housing to achieve a diversity of socio-economic housing mix. Standards Housing standards shall consist of and comply with: (a) Building Code (b) Electrical Code (c) Plumbing Code (d) Zoning Code ... (f) Standards of the single-family and multiple residential land use elements Discussion: In existing urban areas, the supply of readily available housing and residential zoned lands is nearing a point where flexibility in choice of location and price will be limited, contributing to the rising costs of housing. The proposed rezoning will encourage and support a housing supply with a variety of housing options. 2.4 Community Development Plans 2.4.1 Kona Community Development Plan The County of Hawaii General Plan, Section 15.1 (February 2005, as amended) calls for the preparation of Community Development Plans "to translate the broad General Plan statements to specific actions as they apply to specific geographical areas." Community Development Plans are to be long-term plans with a planning horizon to year 2020, consistent with the General Plan. The Kona Community Development Plan ("KCDP") was adopted by the County Council on September 25, 2008 under Ordinance 08-131. The KCDP translates the broad goals and policies of the County of Hawaii General Plan into specific actions and priorities for specific geographic areas in the districts of North Kona, reaching nearly to Waikoloa Village, and South Kona, including the community of Milolii. The purposes of the KCDP are to: • Articulate Kona's residents' vision for the planning area. • Guide regional development in accordance with that vision, accommodating future growth while preserving valued assets. • Provide a feasible infrastructure financing plan to improve existing deficiencies and proactively support the needs of future growth. • Direct growth in appropriate areas. • Create a plan of action where government and the people work in Page 6 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) partnership to improve the quality of life in Kona to live, work, and visit. • Provide a framework to monitor the progress and effectiveness of the plan and to make changes and update, if necessary. The goals, objectives, policies, and actions of the KCDP are presented as eight elements, including: (1) Transportation, (2) Land Use, (3) Environmental Resources, (4) Cultural Resources, (5) Housing, (6) Public Facilities, Infrastructure and Services, (7) Energy, and (8) Economic Development. These elements generally correspond with the thirteen elements of the County of Hawaii General Plan (GP). Land Use: Guiding Principles and Policies of the Kona CDP • Provide housing choices • Direct future growth patterns toward compact villages, preserving Kona's rural, diverse, and historical character The regional land use framework from the Guiding Principles is as follows Urban Area. Kailua-Kona is identified by the KCDP as being within the Kona Urban Area and, as such, allows for basic resident and visitor -oriented development and support facilities. Within this Kona Urban Area, growth is directed towards compact villages located along proposed transportation routes or to infill areas within, or adjacent to, existing development. The general locations of these villages are within the Transit Oriented Developments (TODs). • Rural Area. Outside of the Kona Urban Area, the character of the rural areas should prevail. This means that limited future growth should be directed to the existing rural towns and villages in a way that revitalizes and enhances the existing rural lifestyle and culture of those community. Discussion: The Property is located outside of the Kona Urban Area (Exhibit 9 -Kona CDP Concurrency Map). The proposed rezoning is not contrary to the regional land use framework of the Guiding Principles of the Rural Area since the proposed rezoning will maintain and enhance the existing rural lifestyle and culture of the Holualoa community. Goals, Objectives, Policies and Actions Policy LU -1.3: Rural Area. The rural area consists of the lands outside of the Kona Urban Area. Future growth in this area shall be concentrated within and Page 7 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) around the existing LUPAG medium and low density area, which correspond to the existing rural towns. • Policy LU -1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG). The current LUPAG accommodates the vision and needs for the Kona CDP area planning horizon and should be amended only for compelling reasons. Any rezoning application shall be consistent with the LUPAG. • Policy LU -2.2(b) : TOD/TND Components. Neighborhood Village. Neighborhood Village Core Areas are intended for predominately residential, public/civic uses, or small-scale neighborhood -oriented commercial uses. • Objective LU -3: Rural Area Growth Management. To preserve the rural character of the existing rural towns, the agricultural lifestyle, and the open landscape. • Policy LU -3.1: Redevelopment of Rural town as TODs/TNDs. The rural towns along Mamalahoa Highway, consisting of Holualoa, Honalo, Kainaliu, Kealakekua and Captain Cook, are encouraged to be redeveloped as TODs/TNDs. Discussion: The Property is presently designated Medium Density Urban and Low Density Urban under the LUPAG Map of the County General Plan and is, therefore, consistent with the County's long-range land use plans for the area. As such, the Project is consistent with the County General Plan. As a residential use, the Project is consistent with this designation and with the overall land use policies of the County General Plan for Single Family Residential development. The proposed "Conventional Rezoning" meets the guidelines objectives and policies relating to development in the Rural Area, is consistent with the existing LUPAG Medium Density Urban and Low Density Urban areas, is designated for infill development involving less than 20 -acres of land, and will preserve and enhance the existing rural lifestyle and culture of the Holualoa community. 2.5 Hawaii County Zoning The existing County zoning designation for the Property is Agricultural (A -la). The Agricultural (A) designation provides for agricultural and very low density agriculturally -based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate (Exhibit 8 -Zoning map). The Applicant is requesting an RS -20 designation and proposing a 2 -lot subdivision, with lot sizes of approximately 23,000 square feet. Page 8 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) Discussion: The surrounding area is characterized as urban, with a viable mixture of single-family residential, resort -hotel and village commercial district zones. The land uses within the vicinity include single-family residential development, shopping and community and private facilities services such as the Honpa Hongwanji Mission parcel, Holualoa Post Office, and Holualoa Library to the south, and the Kona Hotel and Holualoa Inn to the west (makai of North Belt Road). The proposed rezoning would result in an appropriate land use pattern that will further the convenience and welfare of the general public. 2.6 Coastal Zone Management and Special Management Area The Property, like the entire State of Hawaii, is located within the Coastal Zone Management Area, and the proposed Project is consistent with the goals and policies of the CZMA. The Property is not located within the Special Management Area (SMA) of the County of Hawaii. The Project site is located more than five lineal miles from the Kailua-Kona shoreline and will not be impacted by coastal hazard and beach erosion (Exhibit 10 -SMA map). 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 Physical Characteristics /Environmental Setting 3. 1.1 Elevation, Topography and Soils Setting The Project is located at an approximate elevation of 3,600 feet. The topography associated with the Project is characterized as flat. The soils in this general area are classified as the Honaunau Series extremely rocky silty clay loam ("HRD") in the Soil Survey of the Island of Hawaii (SCS, 1973). This soil consists of moderately well -drained silt loams that formed in volcanic ash. In a representative profile, the rock outcrops occupy 25 to 50% of the surface of this soil. This soil is used for pasture and wildlife habitat. The capability subclass rating for the soil is VII which indicates severe limitations that preclude their use for agricultural activities. The Land Study Bureau Overall Master Productivity Rating is "C", or "Fair" in agricultural productivity. The State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) map does not classify the Parcels as "Prime", "Unique" or "Other Important Agricultural Lands". Impacts and Mitigation None. Because of these topographical features, the land is well-suited for the proposed 2 -lot residential subdivision. Compliance with the County requirements would further Page 9 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) ensure minimal erosion and sedimentation impacts during future development. 3.1.2 Valued Cultural, Historical or Natural Resources The Project is not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the North Kona district. Pursuant to the requirements of Hawaii Revised Statutes, Section 205A-4, and the Hawaii Supreme Court ruling in the Ka Pa'akai O Ka Aina case, the Planning Commission is required to make specific findings and conclusions relating to native Hawaiian gathering and fishing rights in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site as follows: 1. The identity and scope of "valued, cultural, historical, or natural resources" in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area Discussion: There are no known historical and/or archaeological sites within the Property which is fully developed. Further, the Property is not among those listed as historic properties in the Hawaii State Register of Historic Places, has not been determined to be eligible for inclusion in the National Register of Historic Places, and are not profiled as a significant cultural and/or historic site in the General Plan within the North Kona district, and in the North Kona Community Development Plan. 2. The extent to which those resources - including traditional and customary native Hawaiian rights - will be affected or impaired by the proposed action; and Discussion: As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or being practiced in the Project, these rights will not be affected or impaired by the proposed uses. 3. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Page 10 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) Discussion: There is no feasible action to be taken by the Planning Commission other than to require that if in the future, any value cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the Project, that the Applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. Since the Property is not considered a traditional cultural property, and there are no specific natural or cultural resources or cultural beliefs and practices identified relative to the lands with the Property, no traditional and customary native Hawaiian rights will be affected or impaired by the proposed rezoning. Page 11 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust 3.1.3 Natural Hazards Setting. Application for Change of Zone ( A-1 a to RS -20) Coastal Hazards. The Property is not located within the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Drainage and Flood Hazards. Potential natural hazards to which the Project could be subjected include flooding, volcanic eruptions and earthquakes. The Property was part of a Letter of Map Revision dated 02/28/07, and is located within an area designated as Zone "Y' (mapped), which is an area determined to be outside of the 500 -year flood plain. Volcanic and Earthquake Hazards. According to the US Geological Survey maps, the Property is located within Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. Zone 4 includes the entire slope of Hualalai and Kailua-Kona, where about 5 percent has been covered with lava since 1800 and less than 15 percent has been covered by lava in the last 750 years. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. In order to minimize potential damage to structures as a result of earthquakes, the proposed Project will be designed and constructed in compliance with applicable Building Codes and Standards. Impacts and Mitigation. The Property is not an oceanfront parcel, and will not affect or be affected by shoreline processes. The Project is located over five lineal miles from the Kailua-Kona shoreline and is not located within the tsunami evacuation zone. Because the land and soil are well drained, floods due to rainwater and surface runoff across the Property are unlikely to occur. The Building Code requirements mitigate potential earthquake hazards. 3.1.4 Air and Noise 4uality Setting. Air. Prevailing northeast trade winds and sea breezes sculpted by the region's topography forms air circulation patterns that can create local concentrations of pollutants. Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) from Kilauea Volcano. Emissions from the ongoing eruption can be seen as a volcanic haze which intermittently blankets the area during "Kona wind" conditions. Another natural source of air Page 12 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) pollution that may affect the air quality at the Property is windblown dust. Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog. Noise. Existing ambient noise includes airport/aviation uses, traffic and wind. Noise in the general area is associated with vehicular sources. Noise generated by additional traffic within the Project will be minimal. There could be short-term noise impacts due to construction activities, however, these impacts can be mitigated through scheduling work during the daytime and by ensuring that construction equipment complies with County regulations. When developed, the Project is not expected to add significantly to current noise levels. Impacts and Mitigation The proposed rezoning will not alter the air and noise qualities of the region. Fugitive dust specifically arising from the Project can be mitigated by observance of standard industry practices for air quality management. Short-term noise impacts associated with the Project will be temporary with compliance to all applicable State rules governing construction noise abatement. 3.2 Visual Resources Setting The visual resources in the North Kona district are generally dominated by views associated with the coastline and of Hualalai. The Project will not impact views of the shoreline since the Property is located in an area where topography and vegetation would largely blend the development into the mauka to makai view. The Property is not listed as a distinctive and identifiable land form distinguished as landmarks or as having a front yard vista of distinctive features as identified in the General Plan within the North Kona District. Impacts and Mitigation The proposed Project is anticipated to change the visual attributes of the area. The Project will not, however, have any significant adverse effect on the existing scenic and visual resources of the region. The Property is also not listed as a distinctive and identifiable land form distinguished as landmarks or as having a front yard vista of distinctive features as identified in the General Plan within the North Kona district. 3.3 Historical /Archaeological Resources Setting No formal historical / archaeological impact assessment has been conducted for the Project. To date, DLNR, SHPD has not responded to our September 15, 2011 memorandum seeking issuance of a "no historic Page 13 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) properties affected" determination letter (Exhibit 11-SHPD Clearance request). The Property is not among those listed as historic properties in the Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. Since the Property is fully developed, any prehistoric archaeological sites that may have once existed in these areas have undoubtedly been destroyed in the process. Impacts and Mitigation None. Should any archeological features or sites be uncovered, work in the affected area will immediately cease and the Applicant will notify DLNR, State Historic Preservation Division. 3.4 Natural Resources 3.4.1 Flora/Fauna Setting The Property is improved with an existing single-family residential dwelling and is fully developed and landscaped. No plant species listed by the U.S. Fish & Wildlife Services or State protected plant species as threatened or endangered, proposed, or a candidate species or "species of concern" occur on the Property or immediate vicinity. Vegetation in the Project area consists of many different plants and trees, native and introduced. No endangered or otherwise rare bird or mammal species were observed within the Property. The Property is not included within the critical habitat for protected species. Known occupied fauna within the Property consists predominantly of lowland urban birds, such as common mynah (Acridotheres tristis), house finch (Carpodacus mexicanus), northern cardinal (Cardinalis cardinalis) and Japanese white -eye (Zosterops japonica). None of these species are rare or endangered. Additionally, no resident endemic and indigenous land birds, resident indigenous seabirds, resident endemic and indigenous water birds and migratory indigenous birds have been recorded on the Property. Mammal species which are expected to occur on the Property include mongoose, feral cat, mouse and rat. These are common species which are found throughout the island. Impacts and Mitigation None. No listed or proposed endangered plant species were found in this lowland environment given the history of intense disturbance. 3.4.2 Scenic and Open Space Resources Setting The Property is not listed as distinctive and identifiable land forms distinguished as landmarks or as having a front yard vista of Page 14 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) distinctive features as identified in the General Plan within the North Kona District. Impacts and Mitigation The proposed rezoning will not affect the line -of -sight toward the ocean and will have minimal impact upon existing vistas. 3.5 Socio -Economic Resources Setting The requested rezoning would designate and allocate land uses in appropriate proportions and in balance with the social, cultural and physical environment of Holualoa town. Impacts and Mitigation None, as the proposed rezoning is consistent with land use plans, policies and controls which support the designation and allocation of the Property for "land uses in appropriate proportions and mix" by expanding the availability of a diverse socio-economic housing mix with accessibility to the village center, with good pedestrian, road access and utilities, and will offer residents with the flexibility and choice of location, type of unit and density in keeping with the social and cultural environment. 3.6 Surroundinz Areas Setting The land uses in the immediate area is characterized with a viable mixture of single-family residential, resort -hotel and village commercial district zones. The land uses within the vicinity include single-family residential development, shopping and community and private facilities services such as the Honpa Hongwanji Mission parcel, Holualoa Post Office, and Holualoa Library to the south, and the Kona Hotel and Holualoa Inn to the west (makai of North Belt Road). Impacts and Mitigation None, as design and construction factors such as the placement of the single family residential dwelling, on-site parking and landscaping buffers will be taken into account to minimize any anticipated impact to the existing uses within the area. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access Setting Existing access to the Project is via North Kona Belt Road (also known as Mamalahoa Highway, a two lane County roadway having a pavement width of 20 feet within a 50 -foot right-of-way, the Old Government Road, a 2 lane County roadway having a pavement width of 10 feet within a 25 -foot right-of-way, and the 12 -foot wide asphalt and gravel Homestead Road. The Property frontage along North Kona Belt Road and the Old Government Road is unimproved. Page 15 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) Impacts and Mitigation The creation of an additional lot will not generate a significant increase in daily vehicular trip counts along the roadway systems in the area. 4.2 Water System Setting The Property is serviced by an existing 5/8th-inch waterline located along Mamalahoa Highway. Impacts and Mitigation None required, as an existing water system is available, and upon compliance with the requirements of the Department of Water Supply, will be sufficient to meet the needs of the proposed Project. 4.3 Wastewater System Setting The Property is not serviced by a municipal wastewater disposal system. Proposed Lot A -14-A will be served by the existing cesspool, and proposed Lot 14-B will be managed by its own individual wastewater system ("IWS") in compliance with all applicable State and County regulations. Facts and Mitigation None required, as the Project will be served by its own individual wastewater disposal system. 4.4 Police and Fire Protection and Medical Services Setting Protective and emergency services are provided by the County of Hawaii. The Hawaii County Police Department Main Station which serves North and South Kona is located in Kealakehe. The Kailua-Kona facility provides air, land and sea rescues, as well as, fire and emergency medical response services. Medical, surgical, acute care and skilled nursing facilities are available at Kona Community Hospital in Kealakekua. Impacts and Mitigation None required, as adequate police and fire protection and medical services are available. 4.5 Utilities Setting Electrical power is available from the Hawaii Electric Light Co., Inc. and telephone service from Hawaiian Telcom. Impacts and Mitigation None required, since adequate utility services are available. 4.6 Solid Waste Disposal Facilities Setting Solid waste disposal for West Hawaii is serviced by the County's Puuanahulu landfill waste disposal site. Solid waste will be disposed of by the individual lot owners. Page 16 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust Application for Change of Zone ( A-1 a to RS -20) Impacts and Mitigation None required, since adequate solid waste disposal facilities are available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship Between Short -Term and Long -Term Uses and Maintenance of Long -Term Productivity The proposed rezoning would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. While development of the Property will remove the land from potential agricultural uses, the agricultural productivity of the Property is relatively low and there is an abundance of other lands available in the region that are better suited for such use. The Project will be supported by the necessary public facilities and services, and development would proceed in a manner that is in compliance with the long-range State, County and community plans for the region 5.2 Irreversible and Irretrievable Commitment of Resources As with any development, the Project will result in the irreversible and irretrievable commitment of certain natural and fiscal resources such as the commitment of land, capital, material, public services and other utility resources to develop the Project. The impacts of using these resources should be weighed against the expected socioeconomic benefits to be derived from the Project and the consequences of taking no action or adopting another, less beneficial use of the Property. 6. ALTERNATIVES CONSIDERED 6.1 No Action Alternative The "No Action" alternative will result in no physical change to the Property and leave it in its current use. This alternative will not allow the objectives of the subdivision to be achieved and the beneficiaries of the Trust would hold title to the Property with undivided interests as co -tenants. 6.2 Alternative Use. The current zoning for the property is Agriculture (A -la). The Project site, based on its isolation, limited size and soil characteristics is not well suited for agricultural use. Finally, retaining the Project area under the current zoning for agricultural use may hinder the Applicant from fulfilling her fiduciary responsibility in distributing the Trust assets to the beneficiaries. Page 17 Millicent Towata Grand Successor Trustee of the Lillian U. Towata Trust 7. 8. ZONING QUESTIONNAIRE Application for Change of Zone ( A-1 a to RS -20) The Applicant has completed and attached the Planning Department's Zoning Questionnaire as Exhibit 13. LIST OF SURROUNDING OWNERS A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties is attached hereto as Exhibit 14. Page 18 TAT A R A V'KT0 TXT V VIDTATl- TAT!'l ;7-;� .§ zz� �/ z_ e EXHIBI 2 ©f\�! v � � \ �I �. / i k �� \ • 2 ;I q ) k •� �� w ~®� T3TJ 9401- .§ zz� �/ z_ e EXHIBI 2 ©f\�! v � � \ �I �. / i k �� \ • 2 ;I q ) k •� �� w ~®� .§ zz� �/ z_ e EXHIBI 2 ©f\�! 'L Vill N EXHIBIT 3 j I l 1 t " r i o+, 1 1 �,� i . } ��►.y yfyh� � � � :x,�p, l � � '� �vw-r faya•� .. a i3 1 1 �,� i . } ��►.y yfyh� � � � :x,�p, l _ nQUE rloarr•1 / I 13-A a Rolph Uoyo Blurt of. 01. (owners) �g Y Tax Mqo Key, 7-6-004,opq I r tIP ot yM �Hv (pAP� t (� Po tl Z I/yA �•/ , LICENSED \ PROFESSIONAL VND SURVEYOR No. Von ALLOTMENT 14 1 NTO LOT 14-A AND L0714-0 MAUKA SECTION OF t'-IOLUALOA 15T s 2NO PAR71 TION 517-1)ATEO AT HOLUALOA 1 d 2, N. KONA I SLANO OF HAWAII, HAWAII TAX MAP KEY: 7-6-004:016 Lill: ed For: Lillion U. Towoto Trust P.O. Box 333 EXHIBIT 4 Holuoloo, Howail 96725 INABA EN6INEERIN6, INC. 273 Nolonuenve Ave. Hilo, Howail 96720 rn work was prepared by under t.vlslay �194 Z. Inaba Licensed *oiesslowl Lad Surveyor J.ne 5, 2007 I Rlklo Motwo Trust at. al. (owners) Q Tax Map Key, 7-6-004,o14 I 1p I o� I i u N 6rw•1 Roao _ 11 FO_O_ T ROAD Paw,nerK- �' Rr • u 360'00' — 124.64 N Co-. l7o) I i �Il I I ory I ffp°"' LOT 14-8 I I g 17790 sq. �t. a° L TI I o hl I I H IL h I IBO'00' — 12651 to i t W� 0 8 f LOT 14-A n I 1315/3 i 19,X0 9e1. Iq. I p(�l, / I 13-A a Rolph Uoyo Blurt of. 01. (owners) �g Y Tax Mqo Key, 7-6-004,opq I r tIP ot yM �Hv (pAP� t (� Po tl Z I/yA �•/ , LICENSED \ PROFESSIONAL VND SURVEYOR No. Von ALLOTMENT 14 1 NTO LOT 14-A AND L0714-0 MAUKA SECTION OF t'-IOLUALOA 15T s 2NO PAR71 TION 517-1)ATEO AT HOLUALOA 1 d 2, N. KONA I SLANO OF HAWAII, HAWAII TAX MAP KEY: 7-6-004:016 Lill: ed For: Lillion U. Towoto Trust P.O. Box 333 EXHIBIT 4 Holuoloo, Howail 96725 INABA EN6INEERIN6, INC. 273 Nolonuenve Ave. Hilo, Howail 96720 rn work was prepared by under t.vlslay �194 Z. Inaba Licensed *oiesslowl Lad Surveyor J.ne 5, 2007 ALLOTMENT 14 Mauka Section of Hohtaloa 151 & 2nd Partition Holualoa 1 & 2, North Kona, Island of Hawaii, Hawaii Tax Map Key: 3rd Div. 7-6-004: 018 DESCRIPTION Beginning at the Southwest corner of this parcel of land, at the Southeast corner of 25 Foot Road, being the Northwest corner of 12 Foot Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MAHIPALI" being 1,816.35 feet South and 428.31 feet West, and running by azimuths measured clockwise from True South: 1. 194 35' 132.57 feet along 25 Foot Road; 2. 270 00' 358.81 feet along Allotment 15; 3. 360 00' 124.84 feet along 12 Foot Road; 4. 89 29' 40" 392.20 feet along 12 Foot Road to the point of beginning and containing an area of 1.090 Acres, more or less. Z. l / L"�ENSED PROFESSIGNAL LAND SURVEYOR i Na 5626 This work was prepared by me or under my supervision. Alan Z. Inaba June 5, 2007 Licensed. Professional Land Surveyor Certificate Number 5626 Note: Original Metes & Bounds closure: 0.96 S & 0.01 E. Course 3 and course 4 calculated and adjusted for mathematical correctness and closure. Area adjusted to revised metes & bounds. P.A1 P:des607001.Al lotnient l 4.des.wpd IFI No.: 07001 FB. 220 INABA ENGINEERING, INC. EXHIBIT 5 273 WAIANUENUE AVENUE HILO, HAWAII 96720 J 12 FOOT ROAD 360 °00' -- I- .)4 Ad ykotv, 10 4 4 0 0. 0' N r n 1,816.35 w 63 425,31 "MAHIPALl" A l -v INABA FN&NEER/N6, INC. ,( roK�AC 273 Waianvenve Ave. ` Hilo, Hokgoli 86720 ON Prepared For. K 13-8 13-A TRUE NORTH ALLOTMENT 14 MAUKA 5EGTION OF HOLUALOA 157 $ 2ND FARTI TION 51 TUATEP AT HOLUALOA 1 -$ 2 NORTH KONA 15LANO OF HAWAII, HAWAII TAX MAP KEY: 7-6-004:018 Z. Revised: November 10, 2011 - Lot Area Lillian U. Towato Trust P.O. Box 333 Holuoloo, Hawaii 96725 work was prepared by e or under y supervislon. an Z. Inaba Licens ofessionol Land Surveyor June 5, 2007 lEl #07001 F3 - 220 I -- mdu SUBJECT PROPERTY Idu EXHIBIT 7 (LUPAG MAP]- COPY CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 Waianuenue Avenue Hilo, Hawaii 96721-0686 Phone: 808.935.6644 Fax: 808.935.7975 Memorandum To: Theresa Donham State Historic Preservation Division From: Kenneth G. Goodenow r Date: September 14, 2011 Subject: Change of Zone Application Allotment 14, Mauka Section of Holualoa 1 st and 2nd Partition Holualoa 1 and 2, District of North Kohala, County of Hawaii TMK: (3) 7-6-004:018 ("Property This firm represents Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust ("Trustee"), fee owner of the above referenced parcel. The Trustee is in the process of submitting a Change of Zone request from the A -la district to the RS -15 district with the County of Hawaii to allow for the subdivision of the parcel to create 2 lots for estate planning purposes. We enclose a copy of the proposed preliminary plat map. The Property is fully developed with an existing dwelling, related accessory uses and landscaping (see attached photographs). As the entire 1.08 -acre parcel was previously graded and has long been used for residential purposes, any surface or subsurface archaeological remains are unlikely. We would appreciate your review and issuance of a "no historic properties affected" (i.e., none is present or there are historic properties present but the project will have no effect upon them) determination letter. Please contact me or my paralegal Katherine Luga should you have any questions or require additional information. Thank you for your assistance. KGG :KYL Enclosures xc w/enclosures: Client Robert D. Triantos, Esq. 4825-1317-3514.1 EXHIBIT I I f� vq 'A 1!4 lk Ai �lt OR - 1"Y ty .130 LAND COURT SYSTEM Return by: MAIL (X ) PICKUP ( ) TO: LILLIAN U. TOWATA, as Trustee P. O. Box 333 Holualoa, HI 96725 TITLE OF DOCUMENT: R-313 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED FEB 20, 2002 08:01 AM Doc No(s) 2002-029247 /s/ CARL T. WATANABE ACTING REGISTRAR OF CONVEYANCES CONVEYANCE TAX: $1.00 REGULAR SYSTEM TITLE NO.: 200200429 —P, KS ESCROW NO.: A2-301-0007 l I J SHERRY A. ORTIZ �•.' TOTAL NUMBER OF PAGES: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR: LILLIAN TOWATA, a widow, whose mailing address is P. O. Box 333, Holualoa, HI 96725 GRANTEE: LILLIAN U. TOWATA, as Trustee of the Lillian U. Towata Revocable Living Trust dated January 24, 1999, with powers to sell, mortgage, lease, etc., whose mailing address is P. O. Boa 333, Holualoa, M 96725 TAX MAP KEY (3) 7-6-004-018 40N7702/K]3952/24-02 EXHIBIT 12 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That LILLIAN TOWATA, a widow, whose mailing address is P. O. Box 333, Holualoa, HI 96725, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by LILLIAN U. TOWATA, as Trustee of the Lillian U. Towata Revocable Living Trust dated January 24, 1999, with powers to sell, mortgage, lease, etc., whose mailing address is P. O. Box 333, Holualoa, HI 96725, hereinafter called the "Grantee", the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee all of that certain real property designated on the tax maps of the Third Taxation Division, State of Hawaii, as Tax Map Key 7-6-004-018, more particularly described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. TOGETHER WITH ALL and singular the buildings, improvements, rights, tenements, hereditaments, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith. TO HAVE AND TO HOLD the same unto the Grantee, IN TRUST, and the Grantee's successors in trust and assigns, in fee simple forever. AND THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear 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 the 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. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory 2 ri 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. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when used hereinabove 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 shall be signed by two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. IN WITNESS WHEREOF, the Grantor has executed these presents on this %3611 day of , 2002. APPROVED AS TO FORM CARLSNIlTH BALL LLP BY 2441 / LII. IAN TOWATA STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this 1)f64 day of `c��'K` ry , 2002, before me personally appeared LILLIAN TOWATA, 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 she executed the same as her free act and deed. Name: P. Notary PubliciicxrI cira,ii State of Hawaii ::.t�:;:•; ;,Yyr�► Q� t �t My commission expires: C EXHIBIT "A" All of that certain parcel of land (being portions of the land(s) described in and covered by Royal Patent Number 4475, Land Commission Award Number 7713, Apana 13 to V. Kamamalu) situate, lying and being at Holualoa 1 and 2, in the District of North Kona, Island and County of Hawaii, State of Hawaii, being LOT 14 and thus bounded and described: Beginning at the Northwest corner of this lot, the coordinates of said point being South 1676.05 feet, and West 391.81 feet from the Government Trig. Station "Mahipali", and running by true azimuths: East 358.81 feet along lot 15 to 12' Trail; 2. South 125.84 feet along 12' Trail; 3. 890 30' 392.19 feet along 12' Trail to Government Road; 4. 1940 35' 132.57 feet along Government Road to the point of commencement. Containing an area of 1.08 acres, or thereabouts. BEING THE PREMISES ACQUIRED BY DEED: GRANTOR : LILLIAN TOWATA, married GRANTEE MASAICM TOWATA and LILLIAN TOWATA, husband and wife, as Tenants by the Entirety DATED June 28, 1955 RECORDED Liber 1-980 Page 95-97 SUBJECT, HOWEVER TO: I . Reservation in favor of the State of flawaii of all mineral and metallic mines. EXHIBIT "A" Page 1 of 2 2. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation DATED December 1, 1992 RECORDED Document No. 92-211778 GRANTING perpetual right and easement to construct, reconstruct, repair, maintain and operate pole and wire lines and/or underground lines Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. EXHIBIT "A" Page 2 of 2 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? if yes, please answer the rest of question 1 and then to quesfion 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 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. Yes 1.090 acres Lot 14A (23, 748 sq ft) Lot 14B (23, 750 sq ft) 3 months yes Undetermined; to be transferred to trust beneficiary EXHIBIT 13 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans b. Sell or lease the land to someone who has tentative plans? C. Sell or lease the land to someone who has = plans? d, Keep it? e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3, Do You think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By developing available vacant, developable & under-utilized urban lands for housing. 4. Are there any buildings on the subject area? Yes If so, what kind? Existing single-family residential dwelling approximately 1,416 sq. ft. living area & landscaping. what do you intend to do with those buildings if your request is approved? Retain and used as a single-family residential dwelling. -2- 5. Is the subject land currently being used for any agricultural activity? 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? If so, please describe the problem. 7. Do you think that the roads leading to the subject area needs improvement? If so, what kind? 8 Is the road adequate for the proposed traffic volume or load? What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? 1911 No No No Yes ye s a. Schools b. Roads 1/ C . Sewer 1/ d. Drainage VO e. police Protection V 1911 No No No Yes Yes N9 f. Fire Protection 9. Recreational Facilities h. Public Utilities 1. other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: Telephone: Date: 6337A/50A -4- P.D. 5/84 see attached authorization letter P.O. Box 333, Holualoa, HI 96725 LIST OF SURROUNDING PROPERTY OWNERS WITHIN 1000 FEET FROM TMKS:(3) 7-6-004:018 TMK Owner Mailing Address 7-6-002:002 Leslie R. Duarte Trust P. O. Box 36 Beverly Carvalho Holualoa, Hawaii 96725 Allan Duarte P.O. Box 535 William Duarte Trust Holualoa, Hawaii 96725 Wayne Duarte William Duarte Jr., et. al. P.O. Box 41 Darlene Caires Holualoa, Hawaii 96725 Judy Duarte 7-6-003:009 Ferne Yuki Kawahara 55 Country Club Road Christopher Jacobs Ridgefield, CT 06877 7-6-003:011 Jose 2011 Trust P.O. Box 184 7-6-003:014 Hilda A. Stewart Kailua-Kona, Hawaii 96745 7-6-003:019 Tony Jose 7-6-003:027 Mary Fergerstrom Georgette M. Luscomb P.O. Box 1395 Honokaa, Hawaii 96727 Walter K. C. Mark Trust 1450 Keeaumoku Street Sarah Kathryn Johnson Honolulu, Hawaii 96822 Madeline Gladys Jose P.O. Box 194 Kailua-Kona, Hawaii 96745 7-6-003:012 Simon Russell Hamilton P. O. Box 9 Chris na Ruth Ivers Holualoa, Hawaii 96725 7-6-003:013 Darrelyn M. Gravett 76-5893A Old Government Road Holualoa, Hawaii 96725 7-6-003:016 Charles C. Yoshida 76-5893 Mamalahoa Highway Holualoa, Hawaii 96725 7-6-003:017 GYT Family Limited Partnership P.O. Box 122 Kailua-Kona, Hawaii 96745 7-6-003:018 Konale LLC 71 S Kalaheo Avenue Kailua, Hawaii 96734 7-6-003:020 County of Hawaii 101 Pauahi Street 7-6-004:005 Director of Finance Hilo, Hawaii 96720 7-6-003:021 Esther S.K. Jenkins Trust P. O. Box 430 Holualoa, Hawaii 96725 Walter Kunitake 76-5861 A Mamalahoa Highway Esther Jenkins Holualoa, Hawaii 96725 Eugene Kunitake Ki ono Kunitake Trust 7-6-003:028 John P. Shadinha P. O. Box 184 c/o Laura Jose Kailua-Kona, Hawaii 96740 4844-5497-2684.1 EXHIBIT 14 7-6-003:029 Jose 2011 Trust P.O. Box 184 7-6-004:031 c/o Madeline Jose and Rose Jose Co- Kailua-Kona, Hawaii 96745 7-6-004:038 Trustees 7-6-003:999 Roadway 7-6-004:001 Judy Duarte P. O. Box 3 Holualoa, Hawaii 96725 7-6-004:002 State of Hawaii 75 Aupuni Street Department of Land and Natural Resources Hilo, Hawaii 96720 7-6-004:003 Larry R. Smith 77-6393 Alii Drive Unit #1, Caroline Smith Kailua-Kona, Hawaii 96740 Unit #2, Unit #3, Sea & Sun LLC 77-6393 Alii Drive Unit #4, Kailua-Kona, Hawaii 96740 Unit #5, Unit #6, Unit #7, Unit #8 7-6-004:033 7-6-004:006 Nagatoshi Family LLC 2054 Hookai Street Pearl City, Hawaii 96782 7-6-004:007 Honpa Hongwanji Mission of Hawaii P. O. Box 769 Kealakekua, Hawaii 96750 7-6-004:008 Peter Curren Dungate 75-5491-G Mamalahoa Highway Angelica Lynn Dun ate Holualoa, Hawaii 96725 7-6-004:009 Ralph LLod Clunt 1020 San Rafael LN. US Postal Service Pasadena, CA 91105 Norma Louise Blunt 7-6-004:010 Bhagavan S. Buritz P. O. Box 242 7-6-004:020 Roseann Buritz Kealakekua, Hawaii 96750 7-6-004:055 7-6-004:011 William P. Downes Trust P. O. Box 155 Deborah D. Trust Holualoa, Hawaii 96725 7-6-004:012 Gary Queen Family Trust 62-2323 Kanehoa Street Betsy Family Trust Kamuela, Hawaii 96743 7-6-004:013 Lillian Towata Trust 76-5914 Old Government Road 7-6-004:018 Holualoa, Hawaii 96725 7-6-004:014 Mary H. Iwanaga Trust 76-5913 Mamalahoa Highway Holualoa, Hawaii 96725 7-6-004:015 Anne Thurston Thomas 3877 21 St Street San Francisco, CA 94114 7-6-004:016 Lynn Tina Craft 15 Lopaka Place Kula, Hawaii 96790 7-6-004:017 Rikio Matsuo Trust 98-1168 Komo Mai Drive 7-6-004:019 Mae S. Sowinski Pearl City, Hawaii 96782 7-6-004:041 Aiko Matsuo Trust Rick A. Matsuo Nora K. Matsuo Jan H. Yoko awa 4844-5497-2684.1 7-6-004:021 Eugene Peter Gall 76-5907 D Mamalahoa Highway Holualoa, Hawaii 96725 7-6-004:022 Andrew L. Tamasese 75-1254 Old Hawaii Belt Road Kailua-Kona, Hawaii 96740 7-6-004:023 Ferne Yuki Kawahara 55 Country Club Road Christoper Jacobs Ridgefiled, CT 06877 Heirs of Ka olina 7-6-004:024 William Twigg -Smith 11 Trust 10250 Constellation Blvd., Suite 2600 c/o Bessemer Trust Los Angeles, CA 90067 7-6-004:025 Eugene P. Gall 76-5907 D Mamalahoa Highway Holualoa, Hawaii 96725 7-6-004:027 James L. Pitts P. O. Box 800 Thaddea H. Pitts Holualoa, Hawaii 96725 Christiana Allerton Pitts James Christian Pitts 7-6-004:030 Ohta Trust 4440 Jasmine Avenue 7-6-004:035 c/o Bennett K. Ohta and Alice Ohta Culver City, CA 90232 7-6-004:040 7-6-004:039 Leonard John Jose P. O. Box 175 Holualoa, Hawaii 96725 7-6-004:042 Daniel Kazuto Kunitake P. O. Box 572 Eleanor Aloha Ruddle Kunitake Holualoa, Hawaii 96725 7-6-004:043 Kerry A. Martin P. O. Box 461 Holualoa, Hawaii 96725 7-6-004:047 Kona Koyasan Daishiji Mission Inc. P. O. Box 424 Holualoa, Hawaii 96725 7-6-004:048 Karen S. Sheff Trust 76-5921 Mamalahoa Highway Holualoa, Hawaii 96725 Lawrence I Sheff P. O. Box 849 Holualoa, Hawaii 96725 7-6-004:049 Joe Sira 1642 La Ramada Avenue Yuli Sira Arcadia, CA 91006 7-6-004:050 Wayne Duarte P. O. Box 632 7-6-004:052 Holualoa, Hawaii 96725 7-6-004:051 William Duarte Trust P. O. Box 36 Leslie R. Duarte Trust Holualoa, Hawaii 96725 7-6-004:053 Beverly Carvalho 74-5086 Hooloa Street Kailua-Kona, Hawaii 96740 7-6-004:054 Anita K. Anderson P. O. Box 846 Michael J. Harburg Holualoa, Hawaii 96725 7-6-004:999 Roadway 7-6-005:021 Kainoa C. Keawe P. O. Box 130 Keolani R. Keawe Holualoa, Hawaii 96725 7-6-005:024 Leonard J. Jose P. O. Box 175 Estate of Eduarte Camara Holualoa, Hawaii 96725 Larry Jose 7-6-005:35 Albert K. Duarte Trust P. O. Box 133 7-6-005:047 Sandra S. Duarte Trust Holualoa, Hawaii 96725 Rachelle K. Onaka Gary K. Duarte 4844-5497-2684.1 7-6-005:999 Roadway 7-6-007:008 Roman Catholic Church 999 Bishop Street FHB Trust RE SVC Honolulu, Hawaii 96813 Attn: Scott Ono 7-6-007:016 Thomas L. Loratta Trust P. O. Box 629 Holualoa, Hawaii 96725 7-6-007:017 Puaanui Partnership 71 S. Kalaheo Avenue Kailua, Hawaii 96734 7-6-007:999 Roadway 7-6-008:001 Hawaii Conference Foundation 1848 Nuuanu Avenue Honolulu, Hawaii 96817 7-6-008:003 Turtle Bay Enterprises, LLC P. O. Box 7070 7-6-008:004 Attn: Cassandra Hazen Carmel, CA 93921 7-6-008:005 7-6-008:008 7-6-008:024 7-6-008:030 7-6-008:006 Alvin H. Morinoue P. O. Box 153 7-6-008:006 Setsuko Morinoue Holualoa, Hawaii 96725 7-6-008:007 Yuriko K. Ota Trust P. O. Box 351 Holualoa, Hawaii 96725 7-6-008:013 NKY LLC 15 Lopaka Place Kula, Hawaii 96790 7-6-008:014 Hideo Sakata P. O. Box 148 Carol J. Sakata Holualoa, Hawaii 96725 7-6-008:015 Tyrone Ohta P. O. Box 1314 Lena Ohta Kealakekua, Hawaii 96750 7-6-008:016 Robert Woods Hagemi Sakata Trust P. O. Box 221 Clare Takumi Sakata. Holualoa, Hawaii 96725 7-6-008:017 Goro Inaba Trust P. O. Box 342 Holualoa, Hawaii 96725 Alan Z. Inaba 292 Miha Place Futoshi Inaba Hilo, Hawaii 96720 7-6-008:018 Georgene S. Inaba 2463 NW Pettygrove Street Rowena H. Inaba Portland, Oregon 97210 7-6-008:019 Samuel Beck Rosen Trust P. O. Box 416 Gerald A. Ben Holualoa, Hawaii 96725 Renee M. Fukumoto -Ben 7-6-008:020 Mauka Realty Fund V LLC 7837 Convoy Ct, Suite 100 7-6-008:033 San Diego, CA 92111 7-6-008:038 7-6-008:040 7-6-008:021 Hirosi Ura P. O. Box 43 Emi Ura Holualoa, Hawaii 96725 7-6-008:029 Paul T. Teramoto P. O. Box 383 Lance N. Teramoto Holualoa, Hawaii 96725 Don K. Teramoto Kurt K. Teramoto 4844-5497-2684.1 7-6-008:032 Itsuo Ohta Trust P. O. Box 38 Bertha Y. Ohta Trust Holualoa, Hawaii 96725 7-6-008:034 Erika Fluyt 1991 Trust P. O. Box 1301 Kealakekua, Hawaii 96750 7-6-008:039 Holualoa Land LLC 7837 Convoy Ct., Suite 100 San Diego, CA 92111 7-6-009:002 Clyde H. Sakata P. O. Box 753 Jocelyn S. Sakata Holualoa, Hawaii 96725 7-6-009:027 Susan Bird 32 Paddon Avenue George Gatenby Victoria BC, Canada 7-6-009:037 Sacarias Somalinog 76-972 Kahako Place Wilma Somalinog Holualoa, Hawaii 96725 c/o Paul Somalinog and Ann M. Somalinog 7-6-009:039 Mary Hedenberg Trust 76-950 Kahako Place Holualoa, Hawaii 96725 7-6-009:041 Daniel Scott Peters Trust 76-955 Kahako Place Kathleen Kim Peters Trust Holualoa, Hawaii 96725 7-6-009:043 Ricky A. Urada P. O. Box 1494 Kealakekua, Hawaii 96750 7-6-009:044 Lance n. Teramoto P. O. Box 820 Deana A. Y. Teramoto Holualoa, Hawaii 96725 4844-5497-2684.1 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 P.O. Box 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE 808.329.6464 FAx 808.329.9450 W W W.CARLSMrrH.COM RTRIANTOS,PCARLS W TH. COM November 1, 2011 BJ Leithead Todd Planning Director 101 Pauahi Street, Room 3 Hilo, Hawaii 96720 Re: Change of Zone Application (A -la to RS -20) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Allotment 14, Mauka Section of Holualoa 1St and 2"d Partition Holualoa 1St and 2"d Partition, District of North Kona Tax Map Ke�No_(3) 7-6-004:018 Dear Ms. Todd: Enclosed please find a copy of DLNR, SHPD's letter dated 10/28/11, indicating that the "project will have no adverse effect on historic properties". Should you have any questions concerning this submittal, please feel free to contact me or my paralegal Katherine Luga. Thank you for your assistance. KGG:KYL Enclosure xc w/enclosure: Client Robert D. Triantos, Esq. 4843-6724-3277.1 Very truly yours, KENNETH G. GOODENOW SCAN ED I By: � HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES Kenneth Goodenow LOG NO: 2011.2784 Carlsmith Ball LLP DOC NO: 1109MV 12 121 Waianuenue Avenue Archaeology Hilo HI, 96720 Dear Mr. Goodenow: SUBJECT: Chapter 6E42 Historic Preservation Review — County of Hawaii Zoning Change for the Towata Trust Holualoa 1st Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-6-004:018 Thank you for the opportunity to review this application that was received by our office on September 15, 2011. The application indicates the land owner plans to change the zoning from the A -la district to the RS -15 district in order to allow for the subdivision of the 1.08 acre lot into two lots for estate planning purposes. The application indicates that the lower property is completely disturbed by residential development, and the upper portion of the property has been previously graded. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey (AIS) of this project area. Our records also indicate that there are no Land Commission Awards (LCA) within the subject property. In addition, the USGS soil survey indicates that this project area is underlain with Honualua Stoney Clay which is not conducive to subsurface archaeological remains. Because the change of zoning is a paper transaction with no planned ground disturbing activities we believe that this project will have no adverse effect on historic properties. However, if additional projects are proposed that may involve ground disturbance, such as grading, grubbing, or building, SHPD would appreciate the opportunity to review the impact of that project. Please contact Mike Vitousek at (808) 652-1510 or Michael.Vitousek(&Hawaii gov if you have any questions or concerns regarding this letter. Aloha, )OPi— -- Theresa K. Donham Lead Archaeologist, Hawaii Island Section Historic Preservation Division > CFlV F-0 NEIL ABERCROMBIE �} (� �'j i�U� 6r0 F,•N,q WILLIAM J. AILA, JR. CHAIRPERSON GOVERNOR OF HAWAII ij 11 AP.✓'•,y r9 J 07 BOARD OF LAND AND NATURAL RESOURCES COMMISSIONON WATER RESOURCE MANAGEMENT r • •� GUY KAULUKUKUI Nb ',{ FIRST DEPUTY WILLIAM M. TAM DM'Ty DIRECTOR -WATER . .4{� r• @p.®'.y. AQUATIC RESOURCES - pE`-� BOATING AND OCEAN RECREATION BUREAIIOFCONVEYANCES _ COMMISSION ON WATER RESOURCE MANAGE EW - STATE OF HAWAII CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT MOFHIN+ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING IIIISTOn STATE HISTORIC PRESERVATION DIVISION PRESERVATION KAIIOOLAWE ISLAND RESERVE COMMISSION 601 KAMOKILA BOULEVARD, ROOM 555 LAND STATEPARKS KAPOLEI, HAWAII 96707 October 28, 2011 Kenneth Goodenow LOG NO: 2011.2784 Carlsmith Ball LLP DOC NO: 1109MV 12 121 Waianuenue Avenue Archaeology Hilo HI, 96720 Dear Mr. Goodenow: SUBJECT: Chapter 6E42 Historic Preservation Review — County of Hawaii Zoning Change for the Towata Trust Holualoa 1st Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-6-004:018 Thank you for the opportunity to review this application that was received by our office on September 15, 2011. The application indicates the land owner plans to change the zoning from the A -la district to the RS -15 district in order to allow for the subdivision of the 1.08 acre lot into two lots for estate planning purposes. The application indicates that the lower property is completely disturbed by residential development, and the upper portion of the property has been previously graded. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey (AIS) of this project area. Our records also indicate that there are no Land Commission Awards (LCA) within the subject property. In addition, the USGS soil survey indicates that this project area is underlain with Honualua Stoney Clay which is not conducive to subsurface archaeological remains. Because the change of zoning is a paper transaction with no planned ground disturbing activities we believe that this project will have no adverse effect on historic properties. However, if additional projects are proposed that may involve ground disturbance, such as grading, grubbing, or building, SHPD would appreciate the opportunity to review the impact of that project. Please contact Mike Vitousek at (808) 652-1510 or Michael.Vitousek(&Hawaii gov if you have any questions or concerns regarding this letter. Aloha, )OPi— -- Theresa K. Donham Lead Archaeologist, Hawaii Island Section Historic Preservation Division DEPARTMENT OF PUBLIC WORKS 50 COUNTY OF HAWAII HILO, HAWAII DATE: December 7, 2011 Memorandum TO B.J. Leithead-Todd, Planning Director Planning Department FROM Ben Ishii, Division ChieftL,_ Engineering Division SUBJECT Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Location: Holualoa, N. Kona, HI TMK: 317-6-004:018 We reviewed the subject application and our comments are as follows: DRAINAGE All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. EARTHWORK 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. ---- Planning Dept.' - Exhibit �- 3 a Memorandum to PD go 11-000148 December 7, 2011 Page 2 of 2 ROADWAYS 1. Old Government Road, fronting the subject property, is a County maintained road. It has an approximate 8 -ft. wide pavement (in poor to good condition), with gravel/grass shoulders, all within an approximate 25 -ft. right-of-way. 2. A current location survey should be required to show the location of existing pavement, roadside features, encroachments and public/private utilities within the street right-of-way. The applicant shall remove any encroachments or obstructions within the County right-of-way. 3. The applicant should be required to provide improvements to the Government Road/ Mamalahoa Highway intersection to allow for 2 -way traffic along the property frontage of Old Government Road consisting of, but not limited to, pavement widening and transition, drainage improvements, and any relocation of utilities; meeting with the approval of DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. 4. A portion of the subject property fronting Old Government Road serves as perpendicular parking, apparently for the businesses on parcel 7-6-004:13. We recommend Planning consider requiring the applicant to maintain the parking use on the subject parcel as the Holualoa commercial area appears to have limited capacity to absorb any displacement of it. Alternatively, the applicant should be required to improve and dedicate an additional 8 feet of right-of-way width to the entire subject property's Old Government Road frontage to accommodate on—street parking, meeting with the approval of DPW, at no cost to the County. 5. The applicant's supplemental letter to the Planning Director dated November 17, 2011 declares that the applicant will not take access from the existing 12 -foot wide private road along the property's south side. That road does not meet Chapter 23 of Hawaii County Code for pavement and right-of-way width. Any condition regulating its use will be under the jurisdiction of the Planning Department. 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 Hawaii County is an equal Opportunity Provider and Employer 0 0 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAPI 3 4 5 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 December 19, 2011 - -fes TO: Ms. BJ Leithead Todd, Director Planning Department � Nw FROM: Milton D. Pavao, Manager—Chief Engineer r) --- SUBJECT: SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000148) APPLICANT — MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST REQUEST: A -1A TO RS -20 TAX MAP KEY 7-6-004:018 We have reviewed the subject application. Water can be made available from an existing 8 -inch waterline along Mamalahoa Highway in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the one (1) additional unit requested in the proposed 2 -unit development, the required water commitment deposit is $150.00. Remittance by the applicant of the $150.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. extend approximately 150 feet of 6 -inch waterline from the existing 8 -inch waterline within Mamalahoa Highway and along Old Government Road up to the pole portion of Lot 14-13, so water can be provided under peak -flow and fire -flow conditions, Planning Dept b. service laterals that will accommodate a 5/8 -inch meter to front each lot, Exhibit 3 i C. cut and plug the existing service and relocate to the appropriate lot, SCANNED �ft I't ...Water, Our Most Precious Resource ... xa Wai A Kdne .. . Ms. BJ Leithead Todd, Planning Director Page 2 December 16, 2011 d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance, which are subject to change, of $5,500.00. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. L RQ:dfg Sincerely yours, copy — Millicent Towata Grand (w/copy of Rule 5) Carlsmith Ball LLP ), P.E. Engineer William P Kgno tk� 1i ENT 21M, y rYa PL '`# g 6 ..N•5 SCY a 01 December 14, 2011 County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street Hilo, Hawaii 96720-3998 (808)935-3311 Fax(808)961-2389 Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief TO EI EA TODD, PLANNING DIRECTOR FROM EALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000148) APPLICANT: MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF LILLIAN U. TOWATA REVOCABLE LIVING TRUST REQUEST: A-1 a to RS -20 TAX MAP KEY: 7-6-004:018 The above -referenced application has been reviewed, and we have no comments or objections to offer at this time. Should you have any questions, please contact Major James O'Connor, Area Operations, at 326-4646, ext. 270. JO RS110818 SCANNED ►75521 "Hawai`i County is an Equal Opportunity Provider and Employer" riunning u Exhibit Ms. BJ Leithead Todd, Planning Director Page 2 December 16, 2011 d. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge balance, which are subject to change, of $5,500.00. This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 3. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. L RQ:dfg Sincerely yours, copy — Millicent Towata Grand (w/copy of Rule 5) Carlsmith Ball LLP ), P.E. Engineer 'wyor ?. l5 December 8, 2011 Countp of arbda.t `i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hllo, Hawaii %720 (808) 932-2900 9 Fax (808) 932-2928 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRE CHIEF Darren J. Rosario Rre CSFej Renwick J. Vietorino Dep -y FW Clokej SUBJECT: CHANGE OF ZONE APPLICATION (REZ 11-000148) APPLICANTS: MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST REQUEST: A- I a to RS -20 TAX MAP KEY: 7-6-004:018 We have no comments to offer at this time in reference to the above-mentioned request for an amendment to Condition B of Change of Zone Ordinance No. 95 98. 11 v -'- DARREN J. ROSARIO Fire Chief CB:lpc Planning Dept. Exhibit 5 Hamm i County is an Equal Opportunity Pmuider and Employer. 075807 William P. Kenoi Mayor William T. Takaba Managing Director It AN 7 Dora Beck, P.E. Acting Director Hunter Bishop Deputy Director ��tfuttI'T CouldV of DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawar i 96720 (808) 961-8083 Fax (808) 961-8086 hgp://co.hawaii.hi.us/directory/dir envmng htm MEMORANDUM Date : December 5, 2011 To : BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director Subject: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A-1 a to RS -20 TMK: 7-6-004:018 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments ( ) 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. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Pian in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: 4'75821 Countyof u>il Planning Dept. Eq Opportunity Provider and Employer. Exhibit 6 William P. Kenoi Mayor William T. Takaba Managing Director Dora Beek, P.E. Acting Director Hunter Bishop Deputy Director (9flu k Of "'P= I` t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawaii 96720 (808) 961-8083 Fax (808) 961-8086 hqp://co.hawaii.hi.us/directory/dir envmnghtm MEMORANDUM Date: December 5, 2011 To . BJ LEITHEAD TODD, Planning Director From: DORA BECK, P.E., Acting Director Subject: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A-1 a to RS -20 TMK: 7-6-004:018 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) No comments Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: County of Hawaii is an Equal opportunity Provider and Employer. William,P_Kenoi '' .11"� ... Mkpo I t? , v >'% •' �1,1: f r ?x'11 1;� (: f 3 A�1 € n: 24 eouttk 17 cloUluni'i (Office of�llusing ani)&intntunifg PrITdopmenf 50 Wailuku Drive • Hilo, Hawaii 96720 • (808) 961-8379 • Fax (808) 961-8685 KONA: 74-5044 Ane Kcoliokalole High%v:iy • Kailua-Kona. Havvai`i 96740 (808)323-4305 • Fax(808)323-4301 December 12, 2011 MEMORANDUM TO: Bobby -Jean Leithead Todd Planning Department ��.l£�trlll��-----f FROM: phe J. Arnett t� eHousing Administrator SUBJECT: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A -la to RS -20 Tax Map Key: 7-6-004:018 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are not applicable to the subject request. Thank you for the opportunity to comment. G:/P1anning/2109pasr..docx Planning Dept. Exhibit Stephen J. Arnett llausirig �IdirminErtrator Niniau K. Simmons slssWant Housing Adminisn-alor q N 10 7 5 7 8.5 EQUAL HOUSING OPPORTUNITY 'HAWAI'1 COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER' NEIL ABERCROMBIE GOVERNOR OF HAWAII December 22, 2011 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 KAPOLEI, HAWAII 96707 Phyllis Fujimoto County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy. Kailua-Kona HI, 96740 Dear Ms. Fujimoto: SUBJECT: Chapter 6E-42 Historic Preservation Review — County of Hawaii Zoning Change for the Towata Trust Holualoa 1st Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-6-004:018 WILLIAM J. AILA, JR. CIiNRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT GUY KAULUKUKUI FIRST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO: 2011.3194 DOC NO: 1112MV05 Archaeology Thank you for the opportunity to review this application that was received by our office on December 6, 2011. The application indicates the land owner plans to change the zoning from the A -la district to the RS -15 district in order to allow for the subdivision of the 1.08 acre lot into two lots for estate planning purposes. In a previous review of this application SHPD noted that the lower property is completely disturbed by residential development, and the upper portion of the property has been previously graded (Log 2011.2784, Doc. 1109MV12). A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey (AIS) of this project area. Our records also indicate that there are no Land Commission Awards (LCA) within the subject property. In addition, the USGS soil survey indicates that this project area is underlain with Honualua Stoney Clay which is not conducive to subsurface archaeological remains. SHPD previously determined that because the change of zoning is a paper transaction with no planned ground disturbing activities we believe that this project would result in no historic properties affected. We have no new information that would change this determination. However, if additional projects are proposed that may involve ground disturbance, such as grading, grubbing, or building, SHPD would appreciate the opportunity to review the impact of that project. Please contact Mike Vitousek at (808) 652-1510 or Michael.VitousekLaHawaii.!ov if you have any questions or concerns regarding this letter. Aloha, tob Theresa K. Donham Acting Archaeology Branch Chief Historic Preservation Division Planning Dept. Exhibit e SCANNEt) �,v7tiU30 S� O M� NEIL ABERCROMBIE GOVERNOR OF HAWAII atm STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 ��►+� HONOLULU, HAWAII 96809 January 12, 2012 County of Hawaii Planning Department Attention: Ms. Phyllis Fujimoto 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Fujimoto: W ILLIARI J. AILA, JR LMARMASON 11(U1AUtX INA> ANU NAtI/IW,AI•iO1MC1�}C t.. MMM"" M ON WA712 PERKMO! MAK40M OYf via email: pfujimoto(a,co.hawaii.hi.us SUBJECT: Change of Zone Application (REZ 11-000148) of Millicent Towata Grand, as Successor Trustee of the Lillian U. Towata Revocable Living Trust from A -la to RS -20 located at 76-5913 Old Government Road, N. Kona, Island of Hawaii; TMK: (3) 7-6-004:018 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from (a) Engineering Division; and (b) Land Division -- Hawaii District on the subject matter. Should you have any questions, please feel free to call Darlene Nakamura at 587-0417. Thank you. Enclosures Sincerely, Russell Y. Tsuji Land Administrator Planning Dept. Exhibit �' NEIL ABERCROMBIE GOVERNOR OF HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 December 14, 2011 MEMORANDUM W ILUAM J. NLA, AL CIIAI PERSON BOARD OF LAND AND NMLRN. RESOURCES COMMESION ON WATER RESOURCE MANAGEMENT 2011 CIE, 21 P 2: 3b RECEIVED LAND DIVISION HILO, HAWAII DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation — -& Engineering Division ,Div. of Forestry & Wildlife ; ,_Div. of State Parks -} X Commission on Water Resource Management X Office of Conservation & Coastal Lands ✓ X Land Division — Hawaii District �- Historic P ervation r R Tsuji, c' Land Administrator...,�� Change of Zone Application (REZ 11-000148) of Millicent Towata Grand, as Successor Trustee of the Lillian U. Towata Revocable Living Trust from A -la to RS -20 76-5913 Old Government Road, N. Kona, Island of Hawaii; TMK: (3) 7-6-004:018 County of Hawaii, Department of Planning on behalf of Millicent Towata Grand, as Successor Trustee Transmitted for your review and continent on the above referenced document. We would appreciate your comments on this document. Please submit any comments by December 27, 2011. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. Attachments ( ) We have no objections. (� We have no comments. ( } Comments ched. Signed: Date: cc: Central Files NEIL ABERCROMME GOVERNOR OF HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 December 14, 2011 MEMORANDUM WILLIAIII J. HILA. JR C11A8R7w" W WOW IANI)ANp NMI1RAI "HIRCFS COMMKSRRI ON WAnA IUMMIRLT MANMHAID" DLNR Agencies: _Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division _Div. of Forestry & Wildlife _Div, of State Parks _LCommission on Water Resource Management X Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Pr ervation R ell Y. Tsuji, Land Administrator' Change of Zone Application (REZ 11-000148) of Millicent Towata Grand, as Successor Trustee of the Lillian U. Towata Revocable Living Trust from A-1 a to RS -20 76-5913 Old Government Road, N. Kona, Island of Hawaii; TMK: (3) 7-6-004:018 County of Hawaii, Department of Planning on behalf of Millicent Towata Grand, as Successor Trustee Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by December 27, 2011. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417. Thank you. Attachments ( ) We have no objections. ( ) We haye no comments. Co ents are attached. 4�J Signed: Date: 1-2 cc: Central Files __ L DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji REF: Change of Zone Application (REZ 11-000148) of Millicent Towata Grand, as Successor Trustee of the Lillian U. Towata Revocable Living Trust from A -la to RS -20 Hawaii.009 COMMENTS (X) We confirm that a portion of the project site, according to the Flood Insurance Rate Map (FIRM), Is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. O Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones_. (X) Please note that the correct Flood Zone Designation for the remainder of the project site according to the Flood Insurance Rate Map (FIRM) is X (shaded). (X) Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. if there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 523-4247 of the City and County of I lonolulu, Department of Planning and Permitting. (X) Mr. Frank DeMarco at (808) 961-8042 of the County of Hawaii, Department of Public Works. (} Mr. Francis Cerizo at (808) 270-7771 of the County of Maui, Department of Planning. () Ms. Wynne Ushigome at (808) 2414890 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other: Should you have any questions, please call Mr. Dennis Imad a Planning Branch at 587-0257. Signed; f;.,,CARTY S. CHANG, CHIEF ENGINEER Date: t2 AV11 NEIL ABERCROMBIE QOYERNOR MEMORANDUM DATE: December 23, 2011 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 LORETTA J. FUDDY, A.C.S.W., M.P.H. Director of Health TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye r4 - Acting District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A -la to RS -20 Tax Map Key: 7-6-004.018 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on December 1, 2011. 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)), Paragraph 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). 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 r downloaded from our website at: Planning Dept. SCANNED Exhibit /a »c10 4� i v: BJ Leithead Todd December 23, 2011 Page 2 of 3 http://www.hawaii. gov/health/environrnental/water/cleanwater/forms/indi v-index.html. b. An NOI to be covered by an NPDES general permit 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: httl2://www.hawaii.gov/health/environmentaUwater/cleanwater/forms/genl -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] 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] BJ Leithead Todd December 23, 2011 Page 3 of 3 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. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Groo (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 11-000148.my NEIL ABERCROMBIE GOVERNOR E q` ✓'R f ease•'`• y`a GLENN M. OKIMOTO g DIRECTOR _ hk, Deputy Directors JADE T. BUTAY FORD N. FUCHIGAMI RANDY GRUNE JADINE URASAKI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO: 869 PUNCHBOWL STREET STP 8.0681 HONOLULU, HAWAII 96813-5097 December 16, 2011 Ms. BJ Leithead Todd Planning Director County of Hawaii Planning Department West Hawaii Office 74-5044 Ane Keohokalole Highway Kailua-Kona, Hawaii 96740 Dear Ms. Leithead Todd: Subject: Millicent Towata Grand Change of Zone (REZ 11-000148) Thank you for requesting the State Department of Transportation's (DOT) review of the subject project. DOT understands the applicant proposes to develop a two lot subdivision on 1.090 acres. The project access is from Mamalahoa Highway. Given the project's location, DOT does not anticipate any significant, adverse impacts to its transportation facilties. DOT appreciates the opportunity to provide comments. If there are any questions or the need to meet with DOT staff, please contact Mr. Elton Teshima of the DOT Statewide Transportation Planning Office at telephone number (808) 831-7978. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation Planning Dept. Exhibit t_ SCANNED DEC 2 8 2011 n. W CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.Q. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMrFH.COM KGOODENOW@CARLSMITH.COM January 5, 2012 Bobby Jean Leithead Todd Planning Director 101 Aupuni Street, Ste. 3 Hilo, Hawaii 96720 OUR REFERENCE NO.: 062659-00001 Re: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Holualoa, N. Kona, HI TMK: (3) 7-6-004:018 Dear Ms. Leithead Todd: This letter is in response to comments received from County of Hawaii and State of Hawaii agencies relative to the above -referenced Change of Zone application ("Application). State Agencies: Department of Transportation ("DOT"): The Applicant acknowledges receipt of DOT's letter dated 12/16/11, in which DOT states that it does not anticipate any significant, adverse impacts to its transportation facilities. 2. Department of Health ("DOH"): The Applicant acknowledges receipt of DOH's memorandum dated 12/23/11. In response, the Applicant will comply with all applicable Clean Water Act and DOH NPDES requirements. 3. Department of Land and Natural Resources State Historic Preservation Division "SHPD" : The Applicant acknowledges receipt of SHPD's letter dated 12/22/11 which restates its determination that no historic properties will be affected. The Applicant will comply with any future requirements for SHPD review. HONOLULU HILO KONA MAUI GUAM Planning Dept. Exhibit /,:�- SCANNED s0AR 4 s��-�2 SAIPAN v LOS ANGELES Bobby Jean Leithead Todd January 5, 2012 Page 2 County Agencies: Department of Environmental Management ("DEM"): The Applicant acknowledges receipt of DEM's memorandum dated 12/05/11 which offered no comments relative to the Application. 2. Department of Public Works, Engineering Division ("DPW"): The Applicant acknowledges receipt of DPW's memorandum dated 12/07/11. a. Drainage: All development -generated runoff will be disposed of on-site and surface water runoff and sedimentation will be minimized by methods approved by DPW. If required, the Applicant will construct a drainage system meeting with the approval of DPW. b. Earthwork: All earthwork and grading shall conform to Hawaii County Code requirements. c. Roadways: The applicant has no objection to providing an additional 8 feet of right- of-way along the portion of the property fronting the Old Government Road, provided the value of this property is credited against the road and traffic improvement portion of any required Fair Share Contribution. Requiring improvements to the Old Government Road and Mamalahoa Highway intersection, however, including pavement widening, the installation of street lights, drainage improvements, etc., for a 2 -lot subdivision would create an undue hardship. The purpose of this 2 -lot subdivision is to distribute inherited property that has been in the Towata family for multiple generations. Having to improve the Old Government Road / Mamalahoa Highway intersection would force the Applicant to abandon plans to retain the property. 3. Fire Department: The Applicant acknowledges receipt of the Fire Department's memorandum dated 12/08/11 which offered no comments relative to the Application. 4. Office of Housing and Community Development ("OHCD" ): The Applicant acknowledges receipt of OHCD's memorandum dated 12/12/11 which states that Affordable Housing Conditions are not applicable to the Application. 5. Police Department: The Applicant acknowledges receipt of the Police Department's memorandum dated 12/14/11 which stated the Police Department had no comments or objections to the Application. 6. Department of Water Supply ("DWS"): The Applicant acknowledges receipt of DWS' memorandum dated 12/19/11. The applicant has remitted the requested water commitment deposit. The Applicant will comply with all applicable requirements of the Department of Water Supply. Bobby Jean Leithead Todd January 5, 2012 Page 3 Thank you for your consideration. Very truly yours, KENNETH G. GOODENOW KGG/lhl xc: Client DOT DOH SHPD OHCD DEM Fire Department OHCD Police Department DWS 4816-2796-7502.1 Bill 219/Comm. 647 RTGrandREZ. doc-2/9/ 12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST CHANGE OF ZONE APPLICATION (REZ 11-148) Upon review of the request for a Change of Zone from Agricultural 1 -acre (A -la) to Single -Family Residential 20,000 square feet (RS -20) on approximately one -acre of land against the guidelines for granting a change of zone, the Planning Director recommends that a favorable recommendation for a Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant requests a Change of Zone from A -la to RS -20 for 1.090 acres of land to develop a 2 -lot subdivision with an average lot size of 23,000 square feet. One parcel (Lot 14-A) will be approximately 23,748 square feet, and the other parcel (Lot 14- 13) will be approximately 23,750 square feet in size. The proposed two -lot subdivision will allow for the distribution of the Trust assets to the beneficiaries. 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 Change of Zone request from a Agricultural (A -la) to Single -Family Residential 20,000 square feet (RS -20) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The property -1- is zoned A-1 a and the State Land Use designation is Urban. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The subject area is designated Medium Density Urban for the makai portion of the property, and Low Density Urban for the mauka portion of the site. These designations allow residential, ancillary community and public uses, and neighborhood and convenience -type commercial uses. Thus, the request would be consistent with the General Plan land use designation and will be in harmony with the character of the surrounding neighborhood and result in an intensity of land utilization no higher than as permitted or as otherwise specified for the district in which this proposed development occurs. The Kona Community Development Plan designates the property as Rural Town TOD, outside of the Kona Urban Area. The request is consistent with Policy LU -3 (Rural Area Grown Management), to preserve the rural character of the existing rural towns, the agricultural lifestyle, and the open landscape. It is also consistent with Policy LU -3.1 (Redevelopment of Rural Town as TODs/TNDs), which state that "the rural towns along Mamalahoa Highway, consisting of Holualoa, Honalo, Kainaliu, Kealakekua and Captain Cook, are encouraged to be redeveloped as TODs/TNDs. The request is consistent with the regional land use framework of the Guiding Principles of the Rural Area as the proposed rezoning will maintain the existing rural lifestyle and culture of the Holualoa community. The property is rectangular in shape, landscaped and developed with a 49 -year old approximately 1,416 -square foot single-family residence. Portions of the property are landscaped. The property is bordered by residential and vacant lots, Government Road and Homestead Road. Surrounding properties are zoned A -la to the north and east, and CV -10 to the south and east across Mamalahoa Highway. The Honpa Hongwanji Mission, Holualoa Library and Holualoa Post Office are located south of the parcel, on TMK Nos. 7-6-4: 5, 7 and 9, respectively. -2- The project site is designated Zone 'W", areas determined to be outside the 500 - year flood plain. The property is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are designated "C" or "Fair" by the Land Study Bureau. The access to the site is from the Mamalahoa Highway, a two-lane County roadway with a pavement width of approximately 20 feet, and Old Government Road, a two-lane County roadway with a pavement width of approximately 8 feet (in poor to good condition) with gravel/grass shoulders, within a 25 -foot right-of-way. The property frontage along the Mamalahoa Highway and the Old Government Road is not improved. In a memo dated December 7, 2011, the Department of Public Works (DPW) recommends improvements to the Government Road/Mamalahoa Highway intersection to allow for two-way traffic along the property frontage of old Government Road consisting of, but not limited to, pavement widening and transition, drainage improvements, and any relocation of utilities. According to the DPW, a portion of the subject property fronting Old Government Road serves as perpendicular parking for businesses on TMK: 7-6-4: 13. The DPW recommends that conditions be imposed to require the applicant to maintain the parking use on the property as the Holualoa commercial area has limited capacity for parking. In addition, the DPW recommends that the applicant improve and dedicate an additional 8 feet of right-of-way width to the entire subject property's Old Government Road frontage to accommodate on -street parking, meeting with the approval of the DPW, at no cost to the County. Conditions of approval will generally reflect the DPW's recommendations. However, some flexibility in the ultimate extent of improvements to the Old Government Road will be afforded to the Department of Public Works due to this limited volume of traffic along this section of the Old Government Road, the existence of historic rock wall features within the existing right-of-way, existing utilities that could complicate any widening, and other possible issues that may complicate or prevent the widening of this roadway to the preferred 16 -foot wide width. Currently, in addition to the Mamalahoa Highway and Old Government Road, the property has access from a 12 -foot wide asphalt and gravel Homestead Road; however, Homestead Road will not be used for access should the request be approved. This road -3- does not meet Chapter 23 (Subdivision) of the Hawaii County Code for pavement and right-of-way width. All utilities and services are available to the site. County water is available to the project site. One lot will be serviced by the existing cesspool, the other will utilize an individual wastewater system. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located within the Special Management Area. As such, the project site will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, public access to the shoreline or mountain areas, designated scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the immediate project area. Thus, the proposed request and use of the property will not adversely impact those resources. By letter dated September 14, 2011, the applicant requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). In letters dated October 28, 2011 and December 22, 2011, the DLNR- HPD has indicated that the project will have no adverse effect on historic properties. As the project site is improved with a single-family dwelling and landscaped, no professional flora or fauna study was conducted of the site. Due to the developed state of the project site, the applicants believe that there are no known rare or endangered flora or fauna on the site. The area has not been identified as a significant botanical or biological habitat. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -la) to a Single Family Residential (RS -20) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code 1983 (2005 Edition) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 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 AGRICULTURAL —1 ACRE (A-1 a) TO SINGLE-FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT HOLUALOA 1 IT AND 2" (MAUKA), NORTH KONA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 7-6-004:018. 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 Holualoa 1St and 2" (Mauka), North Kona District, Hawaii, shall be Single -Family Residential — 20,000 square feet (RS -20): Beginning at the Southwest corner of this parcel of land, at the Southeast corner of 25 Foot Road, being the Northwest comer of 12 Foot Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MAHIPALI" being 1,816.35 feet South and 428.31 feet West, and running by azimuths measured clockwise from True South: 1. 194° 35' 132.57 feet along 25 Foot Road; 2. 270' 00' 358.81 feet along Allotment 15; 3. 360° 00" 124.84 feet along 12 Foot Road; 4. 89' 29' 40" 392.20 feet along 12 Foot Road to the point of beginning and containing an area of 1.090 Acres, more or less. -1- 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: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- CTGmndREZ.doo-2/9/12 MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST CONDITIONS OF APPROVAL A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty (180) days from the effective date of this ordinance. C. Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five (5) years from the effective date of this ordinance. D. Access to the lots shall conform to Chapter 22, County Streets, of the Hawaii County Code and be limited to Old Government Road. E. The applicant shall improve and dedicate an additional 8 -feet of right-of-way width along the property's Old Government Road frontage, if required by the Department of Public Works and at no cost to the County. To the extent possible and/or reasonable as determined by the Department of Public Works, improvements may include the removal of encroachments in the road right-of- way, private and public utility relocation, pavement widening and drainage improvements, street lighting and signage as required by the Department of Public Works. Pavement widening along the frontage of the subject property, to the extent possible and/or reasonable, should attempt to reach a minimum width of 16 feet with proper transitions and striping. F. On the preliminary plat map reflecting the proposed subdivision of the subject property, a 5 -foot future road widening along Homestead Road shall be clearly delineated and labeled in a manner meeting with the approval of the Department of Public Works. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii 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. H. All development -generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval. I. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created. 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 may be 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 $12,316.47 per single family residential unit. The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $286.51 per single family residential unit to the County to support police facilities; 2 3. $565.89 per single family residential unit to the County to support fire facilities; 4. $247.75 per single family residential unit to the County to support solid waste facilities; and 5. $5,277.10 per single family residential unit to the County to support road and traffic improvements. 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. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources -Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the 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. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. 11 V-1.25 A -1a A -1a CV -10 V-1.25 A -1a Ate` Mp,KA'A A -1a A -1a CV -10 A -1a V-1.25 A -1a GV 10 V-1.25 A -1a GV 0 A -1a V-1.25 ,� A -1a CV -10 A -1a GV -10 CV -10 0 0 CV -1a CV -10 O A -1a a — -- -i CV -10 7,816.35'5 I 426.31'W "MAHIPALI" AGRICULTURAL -ONE ACRE (A -1a) A -1a I CV -10 TO SINGLE-FAMILY RESIDENTIAL - CV -10 20,000 SOFT (RS -20) I 1.080 ACRES TOTAL CV -10 CV -10 A -1a A -1a T CV -10 Ir 2O CV-10 CV -10 CV -10 N C CV -10 Y-10 CV -10 CV -10 CV -10 CV -10 CV -10 A -1a Feet 0 125 250 500 750 1,000 AMENDMENT TO THE ZONING CODE- AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 1 ACRE (A-1 a) TO SINGLE-FAMILY RESIDENTIAL - 20,000 SQFT (RS -20), AT HOLUALOA 1ST and 2ND (MAUKA), NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK: (3) 7-6-004:016 DATE: NOV 16, 2011 Millicent Towata Grand `nsor x Mao 13 M, ft rl LU z 0 LL j 0 L.0 L.Lj J j Lu CO a. CL CJ Q 0 uj > z Lu 0 w N 0 < LL 0 U) F- W ,ur 0 z U U < L) 017 D L) M, ft U) O CY) s... O m 2!N 4-a O Of O °,-�-' o -� • - Z C/)�> °' 0- of a) a) o a 0-0 O- O CCS 4) • > -� � � � -O �' tt5 � � O - 4� O = Q) � -0 cn > . n O O 0- C6 O .E ENCU Q 4,�LO 0 4- d- r— ' F- O CCS 4- O T- � CY) O O O 0 O +-a -0 Cv 2 +-a N N O •— `�- O O (D (t3 Oo— Ucu 4) Q.o . 4-aO i 4— E — •• 00m Ocnm E— Q E ! t 0 • i Ali 3 l 6 4 ' �imam -' r i .J L t C y„ ✓nY'1'¢'R. �v Q: y_ F if yy*: -' r i .J L t C y„ ✓nY'1'¢'R. c El (J f w✓ x uj Y { i p 9 r CL { k r� U) 0 0 0 0000 1 SeI f00000 000q�ww Bill 219/Comm. 647 LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`l HEARING TRANSCRIPT FEBRUARY 16, 2012 A regularly advertised hearing on the applications of MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST (REZ 11-148) was called to order at 9:34 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Wayne Iokepa, Thomas Hickcox and Thomas Whittemore ABSENT AND EXCUSED: Lani Bowman and Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Kiran Emler (Department of Public Works, Engineering Division), Daryn Arai (Planning Program Manager) and Noriko Sauer (Commission Secretary) And six people from the public in attendance. APPLICANT: MILLICENT TOWATA GRAND, SUCCESSOR TRUSTEE OF THE LILLIAN U. TOWATA REVOCABLE LIVING TRUST (REZ 11-148) Application for a Change of Zone from Agricultural -1 acre (A -la) to Single Family Residential - 20,000 square feet (RS -20) for approximately 1.090 acre of land. The property is located on the east (mauka) side of the Mamalahoa Highway in H61ualoa town at the northeastern corner of the Old Government Road -Homestead Road intersection, across from the Holualoa Gallery, Holualoa 1St and 2"d, North Kona, Hawaii, TMK: 7-6-004:018. GIFFIN: Without any further ado, I'd like to call your attention to our first agenda item. The applicant is Millicent Towata Grand, the successor trustee of The Lillian U. Towata Revocable Living Trust. They have submitted an application for a change of zone from Agricultural -1 a to Single -Family Residential 20,000 square feet, RS -20. The application number is REZ 1 l -148. Staff? ARAI: Thank you very much. Good morning, Madam Chairwoman, Members of the Commission. The first item before you today is an application for a change of zone. The applicant is Millicent Towata Grand as successor trustee to The Lillian U. Towata Revocable Living Trust. If I may direct your attention to the projection screen to your left. The subject property is located in the village of Holualoa. Holualoa here is located on the right side of this location map as circled by my laser pointer. For points of reference, you have the Queen Ka`ahumanu Highway located here on the left side. This is Kona Vistas Subdivision and Lako Street heading mauka-makai, and this is the Old Mamalahoa Highway. And again, the area indicated in the various pink colors is Holualoa Village. This is a close-up view of Holualoa. The subject property is located here outlined in black. It is located on the mauka side of the Mamalahoa Highway. For points of reference, the pink color here represents Village Commercial zoning, as well as this pink color here. The areas indicated in yellow is Single -Family Residential zoning with a minimum lot size of 15,000 square feet, and the remaining green color which surrounds the village of Holualoa is Agricultural 1 acre zoning designation. Again, the subject property is located here outlined in black at the junction of the Old Mamalahoa as well as the Old Government Road. This is another shot of the same exact area, but this map shows the State Land Use designation. As you can see, the subject property, as well as the village of Holualoa is situated within the State Land Use Urban District. The areas in green that surrounds the village is in the State Land Use Agricultural District. This site plan here represents the General Plan Land Use Pattern Allocation Guide Map. As you can see, most of the property here outlined in black is situated within the Medium -Density Urban designation, which would accommodate uses, for example, medium multiple -family residential as well as commercial uses. The outlined areas indicated in yellow is Low -Density Urban and that would support basically low-density, I'm sorry, single-family residential uses. This is an aerial photo of the affected area. This time the subject property is outlined in red, and you can see within the property an existing 49 -year old residence on the property. This property is located at the juncture of the, again, Mamalahoa Highway and the Old Government Road, as well as a private roadway, twelve -foot wide roadway that runs mauka-makai. Immediately to the south where my laser pointer is pointing is the Holualoa Gallery, and the post office is located just further south here in that particular location. The applicant, again, is requesting a change of zone from Agricultural 1 acre to Single -Family Residential 20,000 square feet. The project site is just over an acre in size, and should the applicant be able to secure this zoning, it would allow them to develop a two -lot subdivision with lots at least 23,000 square feet in size. This item here just simply indicates that each lot will be at minimum 23,000 square feet in size. And the purpose of the subdivision is for distribution of the trust assets to its beneficiaries. Access for this proposed subdivision, as represented by the applicant, will be limited to the Old Government Road and will not access the twelve -foot wide private road located immediately to the south of the project site. This is a site plan of the proposed subdivision. As you can see, on the bottom here is the Mamalahoa Highway, and adjacent to the east of the, I'm sorry, west of the subject property is the Old Government Road where access will be provided. And this is the twelve -foot wide private road to the south. Again, access will be provided only to the Old Government Road in this particular location. This is a photograph looking north along the Mamalahoa Highway. As you can see, to your right is the Holualoa Gallery, and this is the junction of the twelve -foot wide private road to the south, as well as the Old Government Road, which is 25 feet wide in width to the west. The subject property is located here basically off to the right. This is looking from the Mamalahoa Highway, looking directly mauka along the twelve -foot wide private roadway. And this is looking north along the Old Government Road, 25 feet in width with roughly eight -foot wide pavement in good to poor condition. The subject property is located here off to your right. This is looking south along the same Old Government Road. Again, the property is located off to your left. And you may notice the utility pole located here within the existing 25 -foot wide right-of-way. This is looking at the subject property from the Old Government Road. You may notice this cleared are, which is 2 informally being used as basically off-site, I'm sorry, on-site parking for activities located makai of the subject property. And you may note here is the existing 49 -year old single-family residence. The Planning Director is recommending favorable recommendation of this change of zone request subject to conditions of approval. And we do have additional photos provided in case it's necessary. But with that, I would like to make reference to your recommendation report, which is on the goldenrod paper in your binder. If you look at Page 3, we did make reference to the twelve -foot wide private road as a Homestead Road, and that is not accurate. Homestead Road seems to convey that this is an old government road as well; the Department of Public Works has confirmed that it is private. So I wish to replace on the bottom of Page 3, the reference to Homestead Road, and simply make reference it as a private roadway; so it will read, "twelve -foot wide asphalt and gravel private roadway." And that is at the bottom of Page 3. And if you look further -. GIFFIN: Daryn, excuse me? ARAI: Sorry. GIFFIN: Are you speak-. Which-. Are you at our condition or -? ARAI: On Page 3 of your recommendation report at the bottom, the last paragraph. GIFFIN: Okay - ARAI: The last paragraph makes reference to Homestead Road. Replace the word -. GIFFIN: Hang on just one minute. ARAI: Sorry. LEITHEAD TODD: Here. GIFFIN: Got it. Okay, yeah, I did mark it. And I'm sorry, your recommended changes would be? ARAI: Replace the word "Homestead Road -." GIFFIN: In the last line? ARAI: In the second to the last line, oh, you are right, on the following line as well — my apologies. And replace those two instances with the words "private roadway." And that is simply to recognize that it is not a government road and it is a private road. If you were to go to Page 1 of the proposed conditions of approval, and looking at Condition F as in Frank, we would like to make some changes to the language of this condition, again, to recognize that Homestead Road is actually a private roadway, but also to provide additional clarifying language that access to this private roadway is not proposed by the applicant. And therefore, we would like to include a condition that would restrict access to this twelve -foot wide private road. So if I may read the condition in its entirety, the revised condition would read, "On the preliminary plat map reflecting the proposed subdivision of the subject property, a five-foot wide future road widening setback, with no access permitted, along the private road shall be clearly delineated and labeled in a manner meeting with the approval of the Department of Public Works." And it is not, just as an explanation, a road widening setback is just a setback. It is not taking the five feet at this time; it's simply saying that the road could be widened in the future, so any homes to be built on it in the future should kind of anticipate the additional widening, so we don't allow it to be built right up to where the widening would occur. So with that, I -. Oh, I'm sorry. We did have a series of communications that just came in this morning. One of them is an email that was sent to you, as well as hardcopies provided, it's transmitting a letter from Bhagavan Buritz making reference to the twelve -foot wide private road located to the south of the subject property. We've also provided a number of materials that were provided by the applicant just this morning; it's a series of photographs, as well as a proposed change to the language of Condition F, I'm sorry, it says here Condition E. And finally, a memorandum dated February 16 from the Department of Public Works, speaking to Condition F regarding the road widening. So with that, I stand ready to answer any questions that you may have. GIFFIN: Commissioners, any questions of Daryn? Commissioner Whittemore. WHITTEMORE: The width on the Old Government Road, I know it's very narrow, and you are representing that it's 25, the allowed is 25 feet. Is that all encroachment on the mauka side or the makai side? ARAI: The additional widening of eight feet, as contained within Condition E -. WHITTEMORE: No, I'm talking about the existing 25 -foot reserve, because it didn't look like 25 feet. ARAI: The right-of-way is 25 feet currently. The pavement as you see is roughly about eight feet wide, and it kind of sits inside of the 25 feet -. WHITTEMORE: Can you go to that picture? I just want to understand this. ARAI: Let's see, there was a subdivision map in here. There. WHITTEMORE: Well, you had a photograph that was a little more clear. There, there. ARAI: This one? Okay. WHITTEMORE: Yeah, so -. Yeah, that's looking down towards Holualoa Town, right? So, looking at that, if that's eight feet, where are you -? It looks like the utilities are set in the 25 -foot -. ARAI: Which is one reason why I made specific reference to the utility pole. The utility pole is within the existing right-of-way. WHITTEMORE: Okay, so, and if you look on the makai side, there is no way that that falls within the normal setback for buildings. Is that grandfathered in because of the age of the buildings? ARAI: Yes. E WHITTEMORE: Okay. ARAI: Yes, it is an old roadway. The properties were developed with structures built many years ago. Just to let you know, if — I believe it is, I just switched the photograph showing looking north along the Old Government Road — if I'm not mistaken, this is the home where, and maybe Ki or someone can correct me, but a portion of the roof sticks into the right-of-way. So the right-of-way is really somewhere in here. WHITTEMORE: Okay, so 25 feet, if I'm looking at the, I'm just curious, from this roadway, how much mauka into the Towata property does that go? And then you've got another eight feet on top of it, right? So-. ARAI: Well, right now Public Works is asking for a total of 12.5 additional feet. Just to let you know, I'm not sure if it's in this particular location, but the road sort of like slowly meanders mauka, and doesn't, it's not situated in the middle of the right-of-way. If I were to go to the subdivision map, you can barely see the pavement in the right-of-way, and you can see it's sort of like scooting over mauka and gets really close to where the property line is. So looking here -. LEITHEAD TODD: Go back, Daryn. Back. There. No, stop. There, yeah. WHITTEMORE: So it looks like that house on the corner is right, totally an encroachment almost. ARAI: Yeah. WHITTEMORE: If you look at, not just the overhang, but the-. Okay. ARAI: And this map here, it barely shows down here, and this exhibit is within your file as well, it shows the corner of the building and where it's encroaching into the right-of-way. So, to clarify, the Condition E, as it stands right now as recommended by the Planning Director, requires, or is recommending eight additional feet to be added to the existing 25 feet on the mauka side to accommodate additional roadway improvements. Public Works just submitted a memo to you this morning, asking that instead of eight feet they will prefer to have 12.5 feet to provide for a transitioning, given that the road does meander within the right-of-way, and especially to accommodate anticipated turning movements. Just to note, the typical local street section in the Subdivision Code requires 50 feet right-of-way; that's the standard for a local street. Twenty-five feet, if you take 12.5 on one side, 12.5 on the other, you end up with the standard 50 feet, and that is the basis for the recommendation that's being offered by Public Works right now. WHITTEMORE: Okay, thank you. GIFFIN: Are there any more questions of staff, Commissioners? If not, I would like to call on the applicant or the applicant's representative, and/or the representatives of the applicant. Could you please raise your right hand, both of you? Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? GOODENOW: I do. TOWATA GRAND: I do. 5 GIFFIN: Good. Would you please state your name into the mike? Thank you. GOODENOW: Kenneth Goodenow of Carlsmith Ball, representing the applicant who is with me today. Did you want me to spell that? GIFFIN: No, we have it in the written documents. GOODENOW: Thank you. Millicent Towata Grand. GIFFIN: Great, thank you. GOODENOW: You know, we really agree with most of the recommendation that this complies the, comports with the General Plan. We give thanks to the Planning Department, which I think did excellent work on this. There really is only one issue that we have, and that is the improvements to Old Government Road, Condition E, to improve the eight feet of area of Old Government Road, originally suggested by the Department of Public Works. But, you know, I do want to state that we appreciate the Planning Department recognizing that this isn't your regular road, given the volume of traffic, the historic rock walls, and they write that in there in their recommendation. And the condition as currently written really gives a lot of, it really gives the Director of Public Works to say as to what will be done. And we can understand that. But this recommendation will effectively kill this project in my opinion. I'd like, I gave you two photos: Photo A and Photo B. If you could look at Photo A -. GIFFIN: Okay, hang on just a minute, please. GOODENOW: Photo A is coming off of Mamalahoa Highway there; it's kind of the start of Old Government Road, a little in. You see that the rock wall is there. The distance of pavement in this area is seven feet three inches. But as was pointed out earlier in response to Mr. Whittemore's question, the actual centerline of the road is not, is such that if you required 16 feet of pavement here, it would not only require removal of the rock wall on the applicant's property but across the street; it would actually go into that rock wall. You know, I guess when people did surveying back then, maybe they weren't so accurate. You look at the utility pole up here, you see the rock wall there, well, that's the neighbor's rock wall. It turns the corner there; it's part of the neighbor's. But actually, it is on the applicant's property, a lot is in the roadway. So any kind of improvement would have to taper there. Our engineers looked at what it would cost. Even looking at the condition as written — let's say Public Works said, "Okay, we understand the rock walls" — we go out to them, do different things, our estimate was $70,000 to $90,000 to do the improvement, and that's not including any walls. And the utility pole there — if you look at Exhibit B, you've got a better look of the utility pole — that, because it's connected to a major transformer down there, it would be, $50,000 is the estimate to move that. And very likely, because it would have to go back so far, they may have to move the other utility pole, because it would be going over the neighbor's property, the trees there. So we are looking at a project that would cost $120,000 conservatively. If you look at the Google Map, which I provided, plus their Google Map, take a look at it, you can see there really isn't much service; I mean this is like an alleyway to a handful of lots. And you are going to have, you know, that level of improvement, it's going to have to stop right at the pole; it's going to be a small area, because this road will never be fully improved. Look at all the rock walls lining this whole road. You know, you look at some of those on the map I gave you, the Google Maps, a lot of these private roads serve a lot more lots. Now, I understand they are not coming in rol for the rezoning — we are. But is this really a safety issue to the level that would require this type of improvement? A lot of these roads, people drive slow. It's like an alley. I'm not sure that, you know, the traffic congestion or safety really rise to the level that's been suggested. This is a beautiful and unique area of Kona, and to some people this is quintessential Kona, a rural Kona. These lots lined with rock walls all along here, this is a Kona, you know, Mamalahoa Scenic Byway, they call it. It's a beautiful drive, up on the mountain road. The level of traffic on that road, let alone the traffic on Old Government Road, is not very high. The building that they were talking about across the street was built in 1897, and is a Kona Heritage Site. The walls were probably built with that building. I don't think that's ever, you know, going to be torn down. So actually, this condition, I believe, would kill this project. I think it shouldn't be left to Public Works, because this is a planning decision. You know, standardized engineered roads are sometimes desirable and always a factor, but they are not the only factor. And it's noted in the Planning Department in their recommendation; Kona, the Kona CDP Policy, Land Use Policy 3 is to preserve the rural character of the existing rural towns. And the State plan calls for an environment characterized by beauty and uniqueness. This is a cultural heritage area that should be preserved. And you say, well, don't do the rezoning. But if you don't do the rezoning, I mean, they have to sell the property, you have a new owner, he could put a hedge in there, he doesn't have to allow anyone to park there. People at least can pull off to the side when another car is coming now. I mean, I think this land area is a benefit. So I have attached a proposed amendment for Condition E for your review. But at this time, I'd like to ask Millie to kind of talk about why they are subdividing and the project location. GIFFIN: Thank you. TOWATA GRAND: In 1993 my husband and I moved home to help my mother because she was all by herself. And before she entered the care facility, she asked me not to sell her land and to divide everything equally amongst my two siblings. So in order for me to distribute two pieces of property, the three of us agreed to divide the agricultural portion into two. And in order for me to do that, I had to ask for this rezoning into a residential portion. And then, my mother was very concerned about her property, because it has been in the Hayashi family since the late 1800's. And actually they, the first part of the building was built in 1895. And the Old Government Road was just a walking path, and later it became a jeep road, but it was very narrow. And so there were rock walls along the sides of them. And I have a picture here -. Oh, by the way, this is a book of my grandfather, and I have pictures in here that shows that the rock wall, they had a gate here a long time ago, because they had animals running around in here. And so, this is me with my grandmother. And here I have pictures of when my mother was little, but you can hardly see the path behind the house; it was just a walking path. And then they made, my brother said it was just an easement road to the — the Hose's were back there and the Yoshidas and the Matsuos — and he said it was an easement road and my father had to give that to the County. So that's, there were two little paved strips; there wasn't a paved road, just two little paved strips, because the road became so muddy and rocky. And so I think the Hose's put that in. And I also have pictures here of when we were little, and across the road was our sandbox and our laundry clothesline, and my father had to tear down a part of the rock wall where the big parking lot is now to build a carport when he bought his first car. It was like in 1949. And so, it seems like every time I came back for a visit, that road kept getting larger and larger. And actually, the house was there before the road. Let's see -. Are there any questions? GIFFIN: Commissioners, do you have any questions of the applicant? 7 TOWATA GRAND: Would you like to look at these pictures? GIFFIN: Daryn, that would really be nice to circulate that amongst all of us — very interesting anyway. So at this point, and Daryn, correct me if I'm wrong, there seems to be some discussion over the proposed Condition No. E between what the Public Works has proposed and what the applicant is saying is really feasible. Am I correct? ARAI: That is correct. We have had discussions not only with Public Works but with the applicant as well prior to this meeting, and while the Department did initially recommend eight feet, the difference between eight feet and twelve feet, it's not as significant as the improvements that would be included in the road widening. That is why, you may note, that the applicant's proposed Condition E excludes all of the physical improvements within the right-of-way and they will be more than willing to convey the eight -foot wide strip of land for the road widening. What I can basically say is that our approach is somewhat academic in many ways; we understand the historical nature of the area, we understand to some respects, although elaborated much more clearly today, that the area did evolve from what was previously a footpath. But the fact of the matter remains is that a request for a change of zone is being proposed. There are some basic standards that normally go along with a change of zone, and in order to be consistent in application and not appear arbitrary or capricious in our requirements, we try to impose basic minimum standards. And what you see before you, as originally represented, was our attempt to work closely with Public Works to try to minimize the improvements as much as possible in recognition of the historical nature of this area. But at the same time, to simply waive all improvements would make it difficult for the Planning Department to view other types of similar change of zone requests where similar requests could be made to waive all necessary improvements. And part of it, too, is in recognition that, should you approve this rezoning of this property, there is still the potential for other properties along this Old Government Road to also come in for fixture rezonings. And you know that could happen and we have to think downstream. We are the Planning Department; we are supposed to plan. So we try to provide a more long-term vision on what could be anticipated. GIFFIN: And I'm sure the members of the Commission along with myself, we appreciate all of that. If there are no further questions at this point of the applicant -. BEAUDET: One question -. GIFFIN: Oh, I'm sorry, I didn't see your hand. BEAUDET: It's not necessarily for the applicant. GIFFIN: Oh, okay, is it for Daryn? BEAUDET: Yes. GIFFIN: Okay. There is a question for you, Daryn, and it's from Commissioner Beaudet. BEAUDET: Is there an anticipated increase in traffic flow based on the requested change of zone? ARAI: There will be an increase in traffic flow. The property currently zoned Ag -1 would normally accommodate one additional, one home. If they want an additional home on the property, it could be considered like a farm dwelling. They could even apply for an `ohana, but that will pretty much limit it at two. In this particular case, with the conditions as proposed, there is a restriction on additional dwelling units. So ultimately, you could get two additional homes on this property versus the maximum, I'm sorry, a total of four homes on — sorry, I'm just trying to count — a maximum one additional home. So it will be a somewhat minimal increase, should this change of zone be approved. BEAUDET: Is that a factor in the suggested improvements? ARAI: It is a factor. It's also in considering the standard requirements that normally go along with a residential type of rezoning. It's also in anticipation that other properties in the area could be rezoned as well. We do try to measure the scope of improvements with the scope of the project, which is why the improvements are limited only to the frontage of this property; we are not asking like the entire Old Government Road be improved and upgraded. So we try to be reasonable in its application. I should also note that unlike other conditions you may have seen — there have been occasions where we say, "You shall do this," "It shall be 20 feet wide with curb, gutters and sidewalks" — if you read Condition E, especially toward the bottom of it, it says, "Pavement widening along the frontage of the subject property, to the extent possible and/or reasonable, should attempt to reach a minimum width of 16 feet with proper transitions and striping." That is in recognition that we do have some issues in the area whether it's topographical, geometric and location issues with the utilities. All of those things need to be engineered, work closely with Public Works, trying to figure out how best to provide these improvements. And that's why we provided some flexibility in the condition, so it's not so specific that it doesn't give Public Works or the applicant a little bit of wriggle room to negotiate something that would work to the best interest of both parties. BEAUDET: So what is this revised Condition E then? GIFFIN: That's from the applicant. ARAI: That is from the applicant, and they would like to exclude all off-site improvements. BEAUDET: Thank you. GIFFIN: Would it be prudent -. I'm sorry. The applicant? GOODENOW: If I could kind of respond to that. GIFFIN: To what? GOODENOW: What was just said -. GIFFIN: Staff just said? Sure. GOODENOW: Yes. I appreciate that. And in response to the previous question. I mean I think there's a couple of things to consider. One is you are guaranteeing that you are not having access on that what was called Homestead Road, private road, which is more dangerous; so you are kind of eliminating that possibility. You also, as Daryn said, if you got an additional farm dwelling, you'd have two houses there. Now, the applicant doesn't really plan to build any house at this time. Her brother lives in Hilo and they just -. But we understand one day someone, you know, we could get 0 that. But that's really only an additional house. What kind of traffic impact, increase are we talking about? The other thing is that we understand that they gave deference to Public Works, and we really appreciate that because they understand, I mean, look. But in reality, again, this is a planning decision, and to just say, "Okay, well, we'll leave it up to Public Works," we'll have no resolution at this point as to what the cost would be, you know, we still have to go to the Council. This is not a wealthy trust. There is, I mean, I, maybe, shouldn't speak for my client, but this is not, there is not a lot of money; it's just preserving the property. You know, and to be honest, if there really is a concern about growth, which I think is doubtful, No. 1 — these other properties are not in the Urban area, right, they are Ag, most of them, so it's unlikely that they'll, you know, change — but why not maybe do a one-way road here? To me, that makes a lot of more sense. You come in right here, and it's just a short little loop. So I think there are other options that Public Works could consider that probably would be a better solution than $120,000 minimum, not including removal of the walls and stuff. And I hate, I mean I don't want to speak for Public Works, but they've made their position, I think if the condition is there, it's going to be hard for them to say, "Well, we recommended it, but now we are going to say you don't have to do it." I really, we must, you know, we really ask that you take out the requirement for improvements. GIFFIN: Mrs. Grand, did you want to add premise? TOWATA GRAND: I'm going to say that this house, the old house, is in the historical corridor. And we have a lot of tourists that come up to the town and they walk up this back road, because it's scenic. And there is a restaurant down the roadways, and they, lots of, more, I think there are more people walking up the road than there are cars. And I also wanted to say that I'm afraid if we don't settle, the trust, there's such a dispute in my family, that we might be forced to sell our property and I don't think any of my relatives would approve of that. GIFFIN: Daryn, I have a question, and I don't know if I should wait for Ki, but there has been reference by the applicant's representative about minimal traffic, and then we had some implications that there could be increased traffic with this change. How many cars are we talking about? I mean, like, so I can have a frame of reference. ARAI: I don't have a specific number of cars, I mean, knowing that one additional home would be built, I'm sure the overall traffic level would be minimal, I mean if you just view at this property. But we do look at it from a cumulative standpoint, meaning if other rezonings occur, you know, there will be additional homes built in the area. That could have a cumulative impact to traffic along this road. Now, granted you are not going to see a large significant volume of traffic but, and I'm not a traffic expert so I can't confirm that, but at the same time, it's also a standard of any typical residential rezoning. You know, you may have seen over the years where it's few and far between where you see a residential rezoning go without any roadway improvements, if the roadway is severely substandard. And one would argue this is severely substandard. HICKCOX: Madam Chair? GIFFIN: Yes, Commissioner. HICKCOX: Question in reference to the existing right-of-way. It, according to the documents, it measures or allots for 25 feet already. Okay, now, with, and understanding that to be consistent with past practice, but you are asking for, or what should be a 50 -foot right-of-way or easement. The question I have is that with the existing 25 feet, would then it not be possible for the addition of 0 another eight feet of pavement to accommodate two lanes? Understanding that there are stonewalls there, understanding that there will be encroachment, but the encroachment is already done by the landowners in the area. So it's, you know, we are basing a decision on what is there now versus what is applicable on paper in reference to the width of the roadway. So with the existing 25 feet, you have enough space, you have enough road to put in a pavement, an additional pavement. But at whose expense? ARAI: Well, maybe Public Works could chime in for more clarification. I understand what you are saying. Part of the problem, too, is that whenever improvements are made to the road, because it is a government road, it has to try to meet certain established standard. And when I say standards, I'm talking also design standards. So you have the geometrics of the road that you need to consider. Whenever you add additional pavement, you might have to provide transition, shoulder improvements, drainage improvements, you know, all of those things have to be designed and taken into account; it's not simply, you know, putting four feet of additional pavement off to the side of the existing pavement. That's part of the reason why Public Works is asking for additional right-of- way width, too, is they understand the limitations that exist along the stretch of the Old Government Road, and still try to see if they can sort of wiggle things through. I mean you have utility poles in the area, you know, drainage issues, and you have rock walls, existing encroachment; in many ways, they do have their hands full. And they are just trying to see what more they can do to improve the situation there, knowing that it's not only this rezoning but it could be the seed toward additional considerations in the future. And as you may note, thinking long-term — this is the General Plan, as I said, as you can see, the property is here — this whole area in orange is an area depicted for medium -density growth, which could be multiple -family residential, commercial uses, and then you have the residential in the yellow -outlined areas. So you can see the potential growth. Now, you may argue it's unfair of the applicant to anticipate those types of future events and put that burden on them. I can understand that sentiment, but at the same time, we have to have that visionary type of approach, because if we hamstring ourselves now, you know, it could prevent us from looking at these types of accommodations in the future, should additional requests or something even more grand — no pun intended, sorry, okay, maybe I should just end it right there. GIFFIN: Commissioner Beaudet, did you have a question? Anybody else? At this time I'd like to call up Ki Emler from Public Works. It seems to me we have some questions and they have some recommendations. Ki? Good morning. EMLER: Good morning, ladies and gentlemen of the Commission. Good morning, people from the public. And the applicant, good morning. Thank you for letting me just say a few words about our comments. And I did submit a supplemental memo to try and help explain our position. I'd say the one thing that I want to bring up beyond what Daryn spoke of here is the geometry of the intersection there of the Old Government Road with Mamalahoa Highway; it's so acute that to try and make the improvements on the opposite side of the road would be contrary to what would be appropriate from an engineering standpoint. Right now, the pavement already is forced to the property side of the property line there. If you look at Exhibit 4 — you should have it there in your packet, and it's the exhibit that's shown there now, but you can't really see it very well from your seat, so I prefer if you would look at it in your package - okay, if you'll notice the edge of pavement line, you can see the beginning of it at Mamalahoa Highway. If, let's say, you are taking Mamalahoa Highway northbound and you are making a right turn onto the Old Government Road, you'll trace out that edge of pavement line from Mamalahoa Highway, and you'll see that it approaches then the applicant's property line, property pin actually, it's right there at the edge. And because of the acute angle of Old Government Road with Mamalahoa Highway, if you try to make that improvement on the other side of the existing road, it would not make sense from an engineering point, if we would make that turn too sharp. It's already a very sharp turn, trying to either make a left turn off of Mamalahoa Highway or making a right turn onto it from the Old Government Road. That's the reason why we are stepping back and letting you know that not only is our request consistent with what we normally do in asking for a half the difference between the standard road and the existing right-of-way, but also because the unique condition at this location calls for the additional pavements, which are, the additional pavement is minimal. We are asking for the ultimate traveled way to be 16 feet for two-way traffic; that's as about little as you can get by with. And then in addition to that, another four or four and a half feet for shoulder to give a little bit roadside clearance. So let's say if you had a shoulder, a person could be walking along the shoulder, you know, if somebody were to put a retaining, 1 mean, a wall along the property line or a fence along the property line, there is such a thing called a shy distance you want to maintain from the traveled way. Otherwise, you know, people are not going to be able to drive right up against the fence. So that's the reason for our comment in our revised memo today to try to explain that. GIFFIN: Director? LEITHEAD TODD: Mr. Emler, this particular road starts over here and then ends up by Kona Imin Center. Am I correct? EMLER: That's correct. LEITHEAD TODD: So a very short segment. What if you made it one-way? EMLER: Well, I did take that -. LEITHEAD TODD: Because then you wouldn't need 50 feet, right, if you made it a one-way street, because you don't need two lanes of traffic. And since there is an entrance at both sides, the people who live there would, and they are not very far apart, the people who live there would quickly learn where you had to turn in to get to their homes. EMLER: That is definitely a consideration that I thought of. But the problem with that is that I believe requires a traffic code amendment and has to go through the Traffic Division and go through all kinds of review. And also, there could be people who live along the road that would not want it changed to a one-way road. And so I think it would require some kind of a zoning change, which is outside of the scope of what we are considering here. And that's why I dropped it as a, considering it as a possibility for this, for the purpose of this application. LEITHEAD TODD: But I also suspect that some people along that road might object to it becoming a 50 -foot wide roadway, because given the short distance of it and the fact that almost all the properties along that that use that road for access are residential; the commercial properties primarily use the Mamalahoa on the, you know, other side. And it's been my experience that a lot of people don't want, especially in residential areas, they want stuff that's traffic calming. And widening it will increase speed. But my biggest concern in this area which, it's not an engineering, it's not the type of concern that we normally, you know, come up with when we are planning because typically we take the comments from DPW and we put them in. My concern is that we have conflicting mandates in Kona. One is to try and keep the rural character. And taking out the stonewalls and widening this 12 short stretch of road, and particularly because you've got a historic building next to this road and some walls that may in fact be more than 100 years old, kind of conflicts with some of the message that I have out of the Kona CDP. So I found myself very conflicted with this. I would not have been as concerned, if this had been a rezoning that was coming in and asking for commercial zoning, so it was going to significantly increase traffic on this road, then I thought it would have made total sense to widen the road and increase the, you know, the accessibility. But we are talking about one more house. And it just seemed that to put the burden for the intersection and the improvement, when all it is is it's going from, well, it's essentially residential right now, one house to two houses, it just seemed like a lot. And also, the question I had was what was the likelihood that the rest of this roadway would ever get, you know, widened, because I think the intent is to try and keep commercial traffic on the Old Mamalahoa and not to necessarily expand it to this back road. So I don't see that you are going to have commercial zoning come in off of this back road. And I just don't really see us ever widening the whole stretch. I like preserving the possibility by having a set-aside, you know, for the property. But if you are not going to do the whole thing at one time, then you are just going to have a segment that's this wide, that just all of a sudden goes like that and may be like that forever. So I was very, very conflicted over this. Also because I kind of like some of these old historic roads. And this one doesn't pose the same problems like the other what we are calling a homestead road, I have major problems with, because of topography, the sharp 90 -degree turns on it that creates some problems for emergency access — but this is a straight road, and it doesn't present the same kind of problem, the same kind of need, except for that intersection area that you are concerned about. But you really don't have that much traffic going in there. So I just was not comfortable, given the fact that all that's occurring out of this is one more, one more house, and so I find myself very conflicted over this. But we typically, our Department typically defers to the requests from DPW because they are the road people, and so we include it and we put it in. But this was one where I felt like I was a rock, you know, or between two rocks kind of, because on the one hand you want to try and preserve the rural character and the difficulty that you do have some historic sites along this area and, you know, traffic concerns. And I kept thinking that perhaps the problem is is that we haven't had that wider discussion over what's the other alternative, and I thought that the one-way was a possible alternative that would take care of a lot of the concerns and also preserve, you know, especially because it's a short stretch and there's two ends to it. And so I just, you know, that may be something that the County Council has to take a look at, you know, it's above my pay grade, so to speak. But I think you have to have that conversation because you also don't want to turn this into a little speedway where people are trying to avoid the traffic on Mamalahoa with the commercials and then come zipping through this as a way to get around some of the other traffic, and that will happen if you widen this whole road to 50 feet in a long run. So I'm just, I'm just, you know, thinking that maybe there is more than one way to address this and still preserve the character of the area and yet address the traffic concerns. And I know it's not an engineering thing per se; it's kind of like, you know, what do we do with this area, how do we preserve the character, how do we retain the wall. I happen to love old stonewalls in Kona, and I'd like to preserve, you know, a lot of them unless they really present health and safety kinds of issue, sight distance, that kind of thing. But I was really troubled by this particular one because of the proximity to the historic home and also because I just felt like in a long run we are not going to 13 widen this entire, you know, it's a very short stretch, so I just thought there might be a different way to handle this. Thank you. GIFFIN: Ki? EMLER: If I may, I just would like, Madam Director, to respond. As far as Public Works asking for a full dedicable road section, you realize we haven't done that. We are, we did discuss this early on with the Planning Department as far as what we would need for minimal improvements on it. And so we agreed that, and because of the expected traffic volume and the existing traffic volume there, it probably doesn't warrant that type of improvement. And we are also concerned about speeding. It's a problem we have to deal with; we have to come up with ways of traffic calming and so forth. So the additional pavement width of eight feet to the existing eight feet is 16 feet, just enough to get two cars through. And right now, it is a two-way street, so we have to look at it the way it is now. And as far as the applicant's concern about the magnitude of the improvements, I think it's quite an overestimate. And the issue of relocating the utility pole is not on the table; it's not something we are asking for. We realize the excessive cost of doing that. But we are talking about the utility pole I believe along, next to the northerly property corner, that large one there; we are not asking for that to be removed. So the pavement transition would occur within the frontage of this property, so there would be some, it would be enough to where someone can pull into that, the additional pavement width and then it would transition back to the one -lane within this property frontage. That's what we had in mind, then with minimal shoulder improvements in addition to that of four and half feet. BEAUDET: I have a comment, Madam Chair. GIFFIN: Commissioner Beaudet. BEAUDET: It's clear that consideration that's been given by Public Works, and it's really appreciated. But, you know, by moving in this direction to follow that recommendation, you know, we talk about setting precedent of our future, but on the other side of the same coin, we would be setting precedent for the continued widening of the road, should other requests for rezoning be approved in the future. And by doing that, in itself, we are already setting the stage to eliminate part of our history. I agree with the Director on the historical value of those stonewalls, and I just, it saddens me to think that we are setting precedent for additional removal. You know, growing up on this side of the mountain, it's -. The architecture of the old stonewalls that we have here in Kona is unique to this island. I'm not a mason, I don't know why, but, you know, it's visually apparent. And I just have to really, it's hard to set that precedent, because I think it would be a requirement for other landowners north of the property to increase it to the same extent and, you know, both sides of the roadway is lined with those old stonewalls. GIFFIN: Madam Director. Unless Ki, did you want to respond to -? EMLER: We understand that concern. The most of the rock walls would probably be dry -stack walls; they can't be relocated and rebuilt to reasonably same type of wall. We've seen it done before. But I understand the historic nature of the walls and I appreciate your concern about that. It's just that we look at the reality of what is coming, and that is expanded use of the road and the conflicts that causes, so -. 14 LEITHEAD TODD: Ki, what if we came up with some language that said, "If the County were to designate this as a one-way road, that then these improvements would not be required and the road widening would not be required?" Because it's a short stretch, it's open on two sides, it seems to me that, you know -. And obviously it would take some consultation with the neighbors but, you know, they are all going to face the same thing too over time, because I suspect that they are going to be in a similar situation as the Towata family has found itself that as time goes by and you want to try and, you know, keep the land in the family. And this is not very dense, you know, this is a half acre, right, 20,000 square feet, we are basically talking a half acre, which is twice as big as my yard is. So it just seems that maybe we need to have that possibility so that it's not necessarily set in stone; if in fact the Council, you know, or Public Works makes an ultimate decision that this should be a one-way, that then these conditions for the road widening would drop off. Just a thought. If we had some language in there. I'm just looking for a way to try and preserve the character of the area. And I happen to live up in Kaumana, and I've got, you know, Akolea Road, and the part that is one - lane is much safer to drive than the part where it's two-lane and straight. And you would have opposition from the community to take out the bridge, which creates this kind of a hook, because that's what slows the traffic down is the one -lane bridge that, and everybody's got to stop, and people learn to be nice and stop and let the other people go. The section where we widened it to two lanes, it's like a speedway through there, and for people who are pedestrians, they are really taking their life in hand when they go through that area. The older part of the road that's skinnier and has the little hook to go over the one -lane bridge is much safer, and that ends up being the traffic calming. My concern is that widening this just destroys the character of the area and ends up also becoming a speedway, and then Public Works has to go in and put speed humps, like we've done on Haili. Haili Street in Hilo which is essentially wide enough for four lanes, and we've got multiple speed humps on it because people were racing through it, and they have sidewalks and yet people were concerned in that area over the speed at which people were coming through. So maybe in a long run, we may, if we can turn this into a one-way and preserve the character, we may be actually saving ourselves money because we won't have to come back in with speed humps later on. But I'm just looking for some kind of a compromise or the potential for compromise, you know, that if we determine that it's not absolutely necessary -. Because it's one more house; one more house is not really increasing the traffic in this area substantially. So just a thought. GIFFIN: Ki, did you want to respond to the Director? EMLER: Yes, I would. GIFFIN: Okay, please. EMLER: Just that, as I said, I did give the one-way issue some consideration. Even if we did change it to one-way, having the pavement take that wider approach to Mamalahoa Highway at this end of the road would help facilitate whichever way we decided to make it one-way in order to make that turn. It really makes a difference which way you decide to make it one-way as to how usable the road is going to be. And this all will be part of argument, I'm sure, when the issue comes up to change it to one-way. GIFFIN: Sure. 15 HICKCOX: Chair? GIFFIN: Commissioner. HICKCOX: I have a question, Ki. The existing width of the right-of-way is 25 feet. The minimum width on the roadway to make it two-way would require 16 feet, as you said, right, eight feet per lane, correct? EMLER: Yes, sir. HICKCOX: Now, that leaves you nine more feet for shoulders. So I'm sitting here trying to go back and forth with that, and say, okay, you already have the designated, allotted property, right-of- way of 25 feet, and if Public Works is looking at it from the perspective of, okay, we can get away with a minimum eight -foot lane with shoulder improvements, the land is already there to accommodate that. So my, you know, and I'm looking at this from kind of a humanistic point of view is that because we have an applicant now and the only applicant that's come in that I'm aware of at this juncture, we seem to be saddling that particular applicant with all of the future improvements in that area, and it doesn't seem fair to me, you know, excuse me but it really doesn't seem fair. And, well, that's my mana`o on it. Thank you. EMLER: Okay, if I could address that, too. I was trying to be consistent with how much property we are asking for based on the Subdivision Code standard, but I realized that's awfully cut and dry, and so that's why I brought in the issue of the unique characteristics at this intersection. If it is determined that it is sufficient to widen it at the south end of the property and narrow it toward the north end, and this is what the Planning Commission and the Council and the Planning Department would rather do in this instant, then I would say that that's a reasonable accommodation that we could work with in order to even consider future improvements of this roadway. I just didn't want it to be that complicated, so that's why I didn't propose that. GIFFIN: Thank you. The applicant have a comment? GOODENOW: Yeah, I just wanted to comment. And again, I think you all saw this earlier and I kind of highlighted the pavement area, right, it's all on our half. And I think your comments are very, you know, much in order. But, you know, we think, I think one-way would be great. But I would ask that one of the Commissioners move to amend the condition, as we've suggested now. It will go to the Council, during that time, Mr. Emler can look further at, you know, one-way road and other possibilities and, you know, can always make his comments then. This is what we are asking for. Thank you. GIFFIN: Excuse me. I appreciate your recommendation, but that's not quite what we are going to do. There is a person who has signed up to give testimony, and I think that it is proper that we hear from the public right now. So, Ki, thank you very much. And I appreciate your suggestion, but that is not what we are going to do. GOODENOW: One thing I didn't want to be misspeaking of others, we do have members of the family here. GIFFIN: Do they want to testify? 16 GOODENOW: No, but they can, about the old times. We have the neighbor who lives, who is in support, so -. And Mrs. Towata Grand's husband -. GIFFIN: If they would like to testify, they can sign up with the staff. And this person has signed up, and so it is my responsibility to call him up. Mr. — and you two may either sit there or you may go back to your seats, because we have enough room — and correct me if I'm wrong about the pronunciation, Bhagavan. BURITZ: Very close. GIFFIN: Okay. Buritz? BURITZ: Yes. GIFFIN: Okay. Will you please raise your right hand? And there is a microphone, I think, there. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? BURITZ: I swear. GIFFIN: Please state your name. BURITZ: Bhagavan Samson Buritz. GIFFIN: Okay, thank you. You may sit down. BURITZ: Yes, I have a difficult name, and people ask for something shorter, so I abbreviate it to B, so, makes it easier for people. I'm kind of behind the eight ball on this, because when I got the notice for the rezoning — I knew Millie from when we were dealing with a cell phone tower issue, and I got to know the whole neighborhood at that time, and I knew her and I knew that she was a kama`aina person and her family had a lot of history — and so when I saw the rezoning thing, I didn't really look at that carefully; I just thought, oh, she's doing it, I support anything she does — that's how I, that's how I, that was my reaction. Then last week I got some kind of, it was the same kind of thing that happened to me with the cell phone thing, I got this kind of like, I've got to look at this, I really have to study this. So I started looking at it, and I saw the, you know, there were bigger, bigger issues here because we have this so-called private road. People call it all kinds of different things, Ghost Road, and it's private, but it's, who owns it is like up for question. It's a complicated issue. And I've talked to several people about it. Let me say that I have no expertise in planning or road design or any these kinds of things — that's just not my area. And I do own land at the top of this private road; if you went straight up the private road, I have land up there. So I am a landowner up there, and I am selling my house in Kainaliu and planning to move up there. And so when I started to look at this whole thing, I had some different ideas, and then I went around and talked to all the neighbors that I could contact. I talked to everybody and I came up, and I said, "You know, we have to get going here, and I, you know, we have to, we need to have a road association, we need to kind of get a little more organized," because these people go and help and kokua fixing the road, but we have this twelve -foot road and it's -. And these twelve -foot roads were designed, I guess, for horse wagons back in about 1914, I guess, through the court system. And so you can't make a turn on a twelve -foot road in a car. It's just impossible. In fact, when an 17 ambulance came up to go up the road, it knocked the corner off of Millie's land; they had to get up there, and just knocked the stonewall right down. And so there's a lot of different issues with these roads. And so I started, in my ignorance, you can say, I just started looking, I just looked at the whole thing and I said, you know, it's really a benefit to the people on the road to have Millie's lots access from the road, because then we have more people participating in our road improvements and doesn't necessitate her making any of the improvements to this Government Road. And, you know, my wife is a retired chef and she is a total foody person. And this restaurant we have there, the Hulakoa Cafe, she's telling me this is like a world-class restaurant. It's going to be, it just started a few years ago, it's going to become famous like Merriman's did. It's that kind of place. And there is a parking area that tourists access on the Old Government Road, it's parking for about twelve cars at the mauka side of the restaurant. And so this attracts people that are really, you know, they read about it in Bon Appetit and this kind of magazine. So this, and so to maintain the character here is what people are coming. I'm, I've lived in Hawaii for 40 years, in Kona for 40 years, but I still kind of have a malihini eye for things that I see — wow, this is really charming, this is really fantastic, this is really different than Massachusetts where I grew up. And so the tourists who come in here, you know, some wealthy people — cause I eat at this restaurant, I see — and they come and they walk around and they just love it. And so we really want to maintain the character there. We have that I think the original doctor's office, isn't it who it is, the original doctor in Kona, down below there, and we have a really charming road. And so I came to her like a couple of days ago and she said, "Wow, I wish you had come to me a month ago." But I didn't. So here I am. And so she already has an access on the, what I call the coffee road, or the private road. She already has an access to her property, and now they are going to put a flag lot in and all these different things. And what I'm, my issue is improving this private road, making it wider and making it functional. And so that's, and I was trying to see how to tie this together with her subdivision, which I'm totally in favor of. And I didn't come here to throw any kind of sticks in the way or anything; I'm not trying to do that. I support her whatever, whatever way they can do it. But I think that if she could access her lots on the private road, it could, you know, it could solve a lot of problem, because she could give up some -. They are already talking about having some conditions to widen that road with the, you know, future widening, and so it could be done not only on the part going straight up from the Mamalahoa Highway but also on the part that's sort of parallel to the Mamalahoa Highway. So, like I say, I have no expertise in these areas and it's not my -. My expertise is more in going around and talking to neighbors and trying to get them to cooperate and have the road, so that's -. But I'm, like I say, I'm behind the eight ball here as far as the timing goes. But I think that one of the ideas is to have, perhaps have her access her lots on the private road may be, would be, solve some of these problems that we have, as far as her having her main access for two lots on the Government Road. So these are some ideas that I have that are late in the game. But, you know, this has inspired me to kind of try to organize the neighborhood and get a road association going. And so that's, we are going forward with that. But, and let me say that the last time I went to the Planning Commission was many years ago and they had like a whole -island Planning Commission, and I'm really appreciative that we have a Leeward Planning Commission that understands, you know, what I might call my side of the island and, you know, kind of appreciates the historic character of it. And I think it's really, I can see in this process that people are doing that. But, you know, so that's, that's basically my testimony is that I think there might be a different, a different way to approach it. And so my suggestion would be, like I said I'm no expert, but my In suggestion would be to for them to offer a certain portion of their property for future private road improvement and that, you know, based on that, that their subdivision be provided, and then they wouldn't have to spend the money now, and it could be -. I think one of the Commissioners, I think it was that you, sir, mentioned, or maybe Mr. Hickcox, mentioned that there was kind of unfairness that they had to do all these improvements, and they are just trying to, you know, split up their property. I think what you said was that, you know, your mom made you a promise that you would keep it in the family. So that's what it is. It's not some, she's not some big developer; it's a person trying to provide for her `ohana. And that, so perhaps it would be a way to do this with the, you know, like I say, with the future, with the dedication for future widening of the private road. And who owns the private road is another whole question; it's just like it's up in the air. But I'm, people have told me that you can go through a quiet title action and perhaps, and if you have a road association and the road association has ownership of it, and if you have a road association, then there is government money available to improve the road. So if nothing else comes out of this, that's what I've done is I've got the things going with the road. But if you could be a member, her family could be a member of the road association, it will be a real asset. So that's, those, I'm kind of throwing a curve ball in here at the last minute, but perhaps, you know, something like this could be done. And then, like I say, she wouldn't have to spend, she wouldn't have to spend any money to do this. It could be a future dedication, here is where the future road is that will help me and help my other neighbors help the ambience. And I think one of these things to be aware of is when we are going to do these expansions of these twelve -foot roads, we need to think in terms of not just widening the road. We need to think what I call cutting the corner; we need to make like a little angle piece so that vehicles can make a turn. And people that drive on those roads know exactly what I'm talking about, because the neighbors do that already; they just cut off the corners, so people can do that. And I think that's, I don't want to take up too much time here, and I think that's everything I have to say about it. I think the, one last thing, I think the one-way road is a good one, because you can preserve the character. And, yes, there is a lot of different, it sounds like there is a lot of different processes and steps that have to be gone through to do that, but I think it would be a benefit to the community, and I think the community would agree with it. So that's about all I have to say. GIFFIN: Thank you very much. Commissioners, did you have any questions of the public testifier? If not, Daryn, did you want to respond to the comments from the public or do you have a new suggestion? BURITZ: Like I say, I'm coming in with a curve ball at the end here and I apologize. GIFFIN: That's all right. Madam Director. LEITHEAD TODD: Well, actually, we do have a condition proposed, and it's a five-foot condition. The theory being that five feet from them, five feet from properties on the other side of the twelve feet, and that would give you 22 feet, you know, because we were thinking that there might be the potential. The problem is is that we couldn't put more since it's not a County road, so we just wanted to preserve the potential that the community would get together. And so there is a five-foot setback condition. And the theory being that if the other properties on the other side of the road came in, then that would give you, you know, some, so they don't put a house right, too close to a potential road. BURITZ: Could I-? ILI GOODENOW: And we agree to that condition. BURITZ: Could I ask you a question about that? LEITHEAD TODD: Uh huh. BURITZ: So with that 22, so the 22 feet, the idea is that would give like a minimal two-lane road kind of situation -. LEITHEAD TODD: Yeah -. BURITZ: That's the idea, right? And we can get some -. Because I know that people, you know, when I was thinking about this, I know the Sheffs who are on the other side of the road, they have some request in to, I'm not sure what they are trying to do, but I know they are trying to reconfigure their property or -. GIFFIN: You know, speaking on behalf of the Commission, sir, I really am appreciative that you are here this morning. And if there are any more comments you would like to make germane to this application, we'd love to hear it. If not, thank you very much. BURITZ: Okay, you're welcome. Thank you. Thank you for your time. Appreciate it. GIFFIN: And I think the applicant had some comments in regards to what the Director just said. GOODENOW: No, I think we agree, you know, that's why we did not object to providing that five feet. I mean that's, I think there are a number of things that we are willing to provide. It's just, you know, we really request that one of the Commissioners would delete, as we suggest, the improvement language and give, you know -. If Public Works wants to take a look at it and come at the Council, they can. But for now, we would suggest it be deleted because, you know, the potential expense really will kill any chance of -. And she's got to wrap up the trust; it's been almost five years. GIFFIN: That's well taken. Daryn, did you have some comments that you wanted to make or propose new wording for a condition? ARAI: Well, what you have before you is the Director's recommendation, which makes specific reference to eight additional feet, including roadway improvements. Public Works by their memorandum is asking that the eight feet be increased to 12.5, which will give a total of 50 -foot widening eventually. So that's one consideration you need to make. This is something that I know the applicant's representative is not offering; their preference is clearly to waive all improvements within the road and they are willing to give the eight additional feet. And I'm not sure if they have spoken directly to Public Works' request that the eight feet of widening be increased to 12.5. But I have been sort of like trying to figure out an addendum to the existing condition as currently written that could accommodate the possibility that if this roadway is converted to a one-way traffic, that the widening improvements, utility relocations and street lighting improvements be sort of like waived in lieu of just a necessary pavement transitions and striping necessary for the one-way traffic flow. It's an option. I know the applicant will prefer that you just eliminate the requirements as it stands, but -. So you have multiple things on the table right now. And if the Commission is so inclined, I can offer the specific language for the one-way -. 20 GIFFIN: And in that regard, Daryn, I would like to propose that we go into a recess, so that all of us have a chance to step back for a minute, you can have a chance to come up with some proposed wording, and just give us a break for a few minutes. ARAI: Sure. And I think you all deserve the recess, given we've been going on an hour and half, but just to let you know, I do have some language ready for you. GIFFIN: I didn't doubt that for a minute. So with that, I would like to call that we go into a recess for, what, ten minutes? Ten minutes? Daryn, is ten minutes sufficient? Ten minutes. Thank you. RECESSED The Chair called a recess at 10:56 a.m. RECONVENED The meeting reconvened at 11:10 a.m. GIFFIN: Will the meeting of the Leeward County Planning Commission back to order. At this point, and, Daryn, correct me if I'm wrong, it seems to me that we are faced with several condition possibilities. The first one, of course, is from our Director that came as part of her recommendation. The applicant has also come up with a proposed amendment to Condition E. At this time, I'd like to ask the staff if there are any other possible scenarios that this Commission can consider. ARAI: Okay, I know I'll probably confuse matters more, but I'm going to try my best to keep it really clear and succinct. If I am to count correctly, I think you have like four options available to you: As Chairwoman Giffin mentioned, you have the Director's recommendation; you also have the applicant's proposed revisions to Condition E that was transmitted to you separately; the third item is Public Works has recommended that the Director's Condition E be modified to increase the additional right-of-way width from eight feet to 12.5, so that is a third option; and the final option was based on previous discussions about the possibility of one-way traffic flow along Old Government Road that could alleviate the need for the extensive roadway, utility relocation, that also remains a possibility. For that possible option, I have come up with some, a basic draft language, or condition, that would be added on to the existing Condition E as a follow -out option, meaning if one-way traffic flow is established, then this optional condition would kick in and all the requirements originally proposed would not be applied. So you have four different opportunities, or options, available to you. GIFFIN: Commissioners, would you like to hear the proposed language for option four? COMMISSIONERS: Yes. GIFFIN: Daryn? ARAI: Okay, I should note that should this option, this proposed language be included, I would recommend that Condition E be modified to include the 12.5 feet of additional right-of-way from the current eight as proposed by the Director. Public Works has indicated that the 12.5 is necessary to accommodate all of the improvements and transitions required for two-way traffic along Old Government Road. So with that -. BEAUDET: So 12.5 - 21 GIFFIN: Twelve point five, right. ARAI: Twelve point five, increase from the current eight. So at the very end of Condition E, as an addition, this addendum would state, "The requirements of this condition, as specified above, shall not apply, should traffic along the Old Government Road be converted to a one-way traffic pattern. Should a one-way traffic pattern be established, improvements to the Old Government Road shall be limited to pavement transition and striping along the frontage of the property to accommodate the one-way traffic pattern." GIFFIN: Commissioners, any questions on that wording? BEAUDET: I do. GIFFIN: Commissioner Beaudet. BEAUDET: How would we impose, or trigger, the efforts of securing a one-way? I mean it seems to be, it seems to be open-ended, the language; there is no direction. GIFFIN: Daryn? ARAI: There is some direction in a sense that it's giving, it's clearly giving an option for one-way traffic pattern. But you are correct; the only way to change the traffic flow is to actually amend the County Traffic Code, and in order to do that, it has to go through the Traffic Division with proper traffic studies, whatever studies they need to do, and then a proposal, a bill is then submitted to County Council, and it's Council that ultimately determines whether to amend. BEAUDET: So who would be burdened with that effort? ARAI: It would have to be, maybe the applicant could initiate, and then it will be something that Public Works would have to follow up on. GIFFIN: Director. LEITHEAD TODD: Or the County Council could initiate an amendment to the Traffic Code to make it one-way, because they have that authority. If I were, you know, I'd probably go, if I were, you know, people who lived here, I'd probably draft a proposed amendment for the Council and give it to them, so they could introduce it. GIFFIN: Commissioners, any other comments? So let me get clear again, Daryn. If the fourth option, which deals with the possibility of one-way, this one-way road, it would be in addition to Condition E, which would include also the 12.5 width, correct? ARAI: Correct. GIFFIN: Okay. So any one of us, you, making the motion would also include that, right, Daryn? ARAI: That is correct. GIFFIN: Along with the changes that were made to Condition F. 22 ARAI: That is correct. I'm just looking at Condition E now, and I know Deputy Corp Counsel has mentioned this, but it was making sure that these improvements are tied in, or there is a timing mechanism in it. Now, normally these improvements are always applied at the time of subdivision, because the whole purpose of this rezoning is for subdivision. But I'm just looking at the condition now, and I'm just wondering if we need to make a more specific reference that "shall be provided prior to final subdivision approval," or something to that effect. GIFFIN: Madam Director, do you want to give input? LEITHEAD TODD: I think if you have language that says, you know, "if it becomes one-way prior to final subdivision approval -." ARAI: Okay, let me work on something, but at this point, you can go ahead and discuss. GIFFIN: Good. Commissioners, do I hear any discussion? You can express your feelings about the four options that Daryn spoke of, and then maybe before actually Daryn can come up with some final wording on option four, we can have consensus amongst us. So if there is any comment -. Commissioner. HICKCOX: Yes, Madam Chair. Looking at Exhibit 4, the proposal is to take 12.5 feet off of the makai portion of the applicant's property. Is that correct? GIFFIN: Daryn, is that correct? ARAI: Public Works is recommending 12.5 feet entirely on the mauka side, so it's going to take that 12.5 -foot strip from the property. LEITHEAD TODD: But it's the makai side of the applicant's property. HICKCOX: Right. ARAI: Yeah, I'm sorry, yeah, makai side of the applicant's property, right. HICKCOX: And this would be to accommodate — 50 -foot, no, 12.5 and 25 is 37.5. ARAI: Plus twelve feet on the -. LEITHEAD TODD: There's another 12.5 - ARAI: Yeah, plus 12.5 on the makai side eventually, should it happen. That's why -. We are splitting the difference. It's 12.5 feet now. You need an additional 25 to make 50, but because there is a mauka, makai side of the road, we split it to 12.5 just to be fair to owners on both sides of the road. HICKCOX: I see. Now, from an engineering perspective, if you were to take the south-west corner of the Towata's property, and kind of like did a horseshoe thing as opposed to going the entire length of the property, would then that not more sufficiently address the intersection issues, the transition? 23 ARAI: I think we are talking about the radius. HICKCOX: Yes. ARAI: When you make a turn, right? HICKCOX: Right, yes. ARAI: That is why there is reference to meeting with the approval of Public Works. Because until the, if any improvements are proposed and engineered and designed, that will determine what kind of radius you need, so that's why the reference to meeting with the approval of Public Works. Right now, it's a little too early to know exactly how much is necessary; all we know is that we need the width. GIFFIN: Tom. WHITTEMORE: Daryn, the 12.5 feet that you are talking about is with the assumption that it's two-way, right? So if they accomplish one-way, are we prepared to amend that setback, or do you, or you do want to perpetuate that? Because it would seem to me with a one-way road, you are not going to need 12.5 feet setback. ARAI: The option No. 4 that I offered you with the proposed additional language, what it basically would do is all the requirements and improvements specified in the current condition would basically drop off. WHITTEMORE: Okay, okay, I understand, okay. ARAI: And then the only we would ask for is proper pavement transitions and striping like where you make the turns into homestead road and the intersection. WHITTEMORE: Okay, thanks. GIFFIN: Any other comments or discussion? HICKCOX: I have. GIFFIN: Yes. HICKCOX: Madam Chair, one last thing, and this is kind of off the wall and I don't know -. What if we just block it off? GIFFIN: Interesting. HICKCOX: You know, you take the corner of the property and you run it across the street and just block it off, and just have one-way entrance in and out. GOODENOW: You know, as the applicant, if I could kind of respond -. W GIFFIN: Just a minute. Daryn, did you want to -? ARAI: I'm sorry, help me understand the blocking off this road. HICKCOX: Okay. From the, it would be makai-south corner of the Towata property, running diagonally to the, I think that's Lot 63 -. ARAI: Okay. So basically cutting off traffic flow along this Government Road? HICKCOX: Yes, from this side. ARAI: From this side-. HICKCOX: And the only entrance would be from Imin. ARAI: Normally, I wouldn't -. Ki will take this. EMLER: If you try to block it off on this end, you need a turnaround, and that's a pretty substantial amount of improvement to do a turnaround to a dedicable standard like that or, you know, in a way that an emergency vehicle could use it. So I think you are looking at more improvements at this end of the road than last, to do something like that. Can I have the floor for another minute on this issue? GIFFIN: Ki. EMLER: I really, when Daryn approached me with this one-way, I thought the option still having additional right-of-way at this end of the road was still open to facilitate that turn movement onto Mamalahoa Highway. Even if you made it one-way, it may be, make a real difference which way you go one-way, and how you facilitate that turn could call for additional widening on one end like this in order to do that properly and do it in a way that's acceptable to the community. So I thought that -. And Wayne, I think it was Wayne, or Thomas, did you make the issue of having twelve feet on one end and zero on the other? Yeah, that's a reasonable accommodation in my opinion. I just didn't, again, I didn't want to propose that; I thought that was too complicated, so I tried to make it standard request of one-half additional right-of-way. There is no way that Public Works will probably ever be going to get the other side to a full 50 feet. I'm not even considering that to be a possibility at this point. So, good one, I'm going to take that store. And this is overhanging the County road right now. So it's a matter of trying to accommodate the existing condition is what we are requesting. GIFFIN: Right. Daryn? ARAI: The only thing I can think of is that to accommodate the additional right-of-way necessary, in the addendum to the Condition E that I mentioned, where it talks about "shall be limited to pavement, transitions and striping," I could include additional language like "shall be limited to right-of-way and pavement transition and striping"; at least that speaks directly to right-of-way and it's clear that it's to accommodate the pavement transition. Ki was mentioning whether it will make specific reference to 12.5 feet, and I'm not making the specific reference because the way I see it is whatever is necessary to accommodate the pavement transition, that's how much right-of-way you take. 25 GIFFIN: I see, I see. Commissioner. HICKCOX: The condition would be "should it ever be improved?" ARAI: I'm sorry? HICKCOX: Would the language then, should that intersection ever be improved, then that would kick in? Is that what we are saying, or -? ARAI: Basically, the way I see it is if a one-way traffic flow is established -. And I honestly at this time have no idea which way it is going to go; whether it's going to go northbound or southbound, I don't know. But depending on the decision, I would think that Public Works will need to look at how all the pavements and turning movements are going to occur at that one intersection, and whatever they require at that time to accommodate the transition is what would be an obligation upon the applicant to provide. And that is why I haven't made mention to exactly 12.5 feet, I haven't made mention to pavement widening, I haven't made mention to shoulder or drainage improvements. Because a one-way traffic flow is simply, their expectation is to leave the pavement as it is for the most part along the frontage of the property, and only when you get to the intersection, whatever is needed there to accommodate the new traffic flow is what would be the obligation upon the applicant. GIFFIN: I think the applicant had a comment that he wanted to make. GOODENOW: Yeah, you know, we really appreciate all the accommodation by Public Works and Planning in trying to come up with something. But the bottom line is, in my humble opinion, I really think the burden is being placed on this property. We are giving the eight feet and the five feet. Originally this road was there, right, the house was, the property existed before the road. You know, if we say one-way, one-way would be great; Public Works or the Council can always do that. I know the neighbors have already talked about it, and when I went out, he said he was going to send, start a petition now. That's possible. There are other possibilities. But leaving in this condition even in this convoluted form is just going to kill the project. We won't know. We'll have no certainty. I just really ask, given that this is one more house, it's going to, actually, they are not going to build the house, but one more residential lot. I mean, you could have additional farm dwellings, I'm not sure, on Agricultural land anyway, correct? So really there could be no impact, if they just went ahead and did the farm dwelling. I just ask on behalf of the Towata family if you would please consider just going with the condition to take out improvements. I think they've given enough. Thank you. GIFFIN: You're welcome. I think we come back to discussing the four options, which included the suggestion, the request from the applicant — I think that was No. 2 that Daryn had presented to us earlier. The first one is E, as the Director has presented to us in our information. And the second one, which you have in front of you, is what the applicant's representative just spoke of, which includes eliminating E from what the Director has proposed. The third one is, as Daryn said, what Public Works is suggesting. And the fourth one is also including E, as the Director has proposed, which would eliminate most of it, if the proposal of one-way is incorporated. So, Commissioners, I think that this is our time, our time to discuss it, and, Mr. Torigoe, if this is proper, should we close the discussion, I mean, not the discussion amongst us but with the public? BURITZ: I have a question. GIFFIN: Just a minute. TORIGOE: As far as the public, your obligation is to allow a reasonable opportunity for the public to give input. So, you know, I think that's within your discretion whether you close it at this point or not. GIFFIN: Do I need a motion for that? TORIGOE: I don't think you normally do it that formally. GIFFIN: Okay. I think it would be prudent for us to go ahead and hear from you. BURITZ: I'll make it brief. GIFFIN: You need to say your name again because I can't pronounce it. BURITZ: Bhagavan. Call me B. GIFFIN: Please come forward and grab the microphone -. BURITZ: I have one question -. GIFFIN: And state your name one more time. BURITZ: Bhagavan Samson Buritz. Okay, my question is on the private road. This five-foot setback, is this, is this being legally deeded to someone, or this is just a -. What is it? I mean how, what's the, what's the -? LEITHEAD TODD: It is a five-foot future road -widening setback. It's not being deeded to anyone because, frankly, we don't even know who you would deed it to, because we don't know who owns the road. BURITZ: I understand. LEITHEAD TODD: You know, so, but it preserves the potential. If the community wants to form a road maintenance association and wants to improve that, you know, the setback is there, and then at that point, you know, the community can talk about everybody kicking in some of the land. BURITZ: So the community, if they form the association, they can come forward to the property owners, based on this meeting, and say we are ready to improve the road and widen it and we would like to use this five feet. Is that correct? LEITHEAD TODD: Yes. BURITZ: Okay, thank you for the clarification. Thank you for the time. 27 GIFFIN: Thank you very much. And I think at this point in time, I would like to take the prerogative to close the discussion amongst the public and also confine it to members of this Commission. (After some discussion with Mr. Torigoe), there was some discussion between Ivan and myself regarding executive session, but probably that isn't necessary at this time unless Members of this Commission felt that that was important. Okay, I, like many of you feel, that the burden of responsibility on the applicant doesn't board well with me; nonetheless, I think that there are some merits to what the Director has recommended, and Daryn's comments in terms of the Department are well taken in terms of their responsibility to the future and to what could happen in the future with so many other landowners that are part of this area. Frankly, the applicant's suggestion to me, doing away with all of the Director's recommendation E, doesn't board well with me, either. I do appreciate No. 4, the one-way suggestion. But I'd like to hear more from you people and try to see how you feel. Tom. WHITTEMORE: I tend to lean towards No. 4 solution. But just as a point of curiosity, you know, public utility is, like electric company, they put in poles to one user on that block, that user pays for the entire thing, and then they are rebated as others hook up in the future. I'm wondering if there is not also a solution there. If we get further applicants, then — we are only talking about six lots off this road on the mauka side — if they were to hook up that, the applicant here would be reimbursed a one-sixth percent of the cost that they incurred, because it's unknown now as to what that cost is going to be in the proposal. I'm just wondering if that isn't a potential solution. Certainly, the property, when it's subdivided, it's going to have more value in aggregate, so there is that value that they are going to have. But they are going to hold on to that. And I think if they can recoup their upfront cost proportionally down the line, that might be an alternative to look at to. I just, I don't know whether that's done or it more complicates things or what, but it seems like maybe some solution. GIFFIN: Daryn? ARAI: I think it would complicate things. Part of the concern I have, and I'm not sure if I'm on the right track or not, but normally when there is a reimbursement mechanism, it's to reimburse a cost that is imposed or that is placed upon the County. You know, a utility like HELCO is not a County agency or a County entity, so I don't think we should get in a situation where we are obligated or contracted to provide reimbursements to a non-governmental entity. And that's just my opinion. WHITTEMORE: I was just thinking that what it would be would be a condition of any new applicants. So if nobody else made any application -. GIFFIN: Director. LEITHEAD TODD: I was just going to say that's how we ended up in court on Hokuli`a. WHITTEMORE: Oh, okay. GIFFIN: Commissioners, any other comments about the four options that are in front of us? Or is anyone ready -. I hate to call for a motion when the wording is not firm. ARAI: Right. And I have been working on additional revised wording. And Public Works also came to me just now to explain that if it does convert to a one-way traffic flow, that Public Works will actually do the transition improvements, the pavement transition improvements. So all they 28 really ask of the applicant is the necessary right-of-way to accommodate the transition. So that's one concession that they are willing to make, and I've modified the condition as such to recognize that. So depending on the motion, if you want to hear it again, I can read it into the record. GIFFIN: Wow, that's a big concession. Commissioners, do you want to hear the change? COMMISSIONERS: Yes, please. GIFFIN: All right. Daryn? ARAI: Again, as an addition to Condition E, it will state, "The requirements of this condition, as specified above, shall not apply, should traffic along the Old Government Road be converted to a one-way traffic pattern. Should a one-way traffic pattern be established, improvements to the Old Government Road shall be limited to the dedication to the County of sufficient right-of-way to accommodate the necessary pavement transitions to accommodate the one-way traffic pattern." I probably need to clean it up just grammatically a little bit, but I think you get the gist of what I'm trying to do. So if you give me the liberties, I can clean it up later. GIFFIN: Sure. So is your desire for us to make a motion pending final wording from you or would you prefer that we postpone this decision? ARAI: I'll probably just need a few more minutes to try to hammer out the proper language. GIFFIN: Nota problem. Please. Nota problem at all. Commissioners, I think we'll just give Daryn some slack in terms of time. (After a few minutes) Daryn? ARAI: Okay, I think we have something I hope will be palatable for everyone. And I should note that, for the record, that by adding on this supplement to the existing Condition E, the intent is if the one-way traffic pattern fails or is not established, that basically the full requirements of Condition E kicks in, and they've got to do all the pavement widening, the right-of-way dedication, the utility relocation, everything would still be in place. So with that being said, the revised language I offer to you will state as follows: "The requirements of this condition, as specified above, shall not apply to the extent that traffic along the Old Government Road be converted to a one-way traffic pattern. Should a one-way traffic pattern be established, the applicant shall dedicate to the County the necessary additional right-of-way to accommodate appropriate pavement geometry for the one-way traffic pattern as part of the subdivision of the subject property." GIFFIN: Commissioners, any questions? BEAUDET: Yes. GIFFIN: Commissioner Beaudet. BEAUDET: I thought we were going to add in to that change some language relative to prior to final approval. ARAI: Which is why at the very end it says "appropriate pavement geometry for the one-way traffic pattern as part of the subdivision of the subject property." So that tells the Planning Department that when they subdivide the property, that's when the right-of-way dedication kicks in. 29 GIFFIN: Any other comments? Hearing none, do I hear a motion? It's not preferable for me to make the motion, so it would, the Chair would appreciate hearing a motion. IOKEPA: Madam Chair? GIFFIN: Yes, Commissioner. IOKEPA: I propose a motion in the change of zone application, REZ 1 I-148, to recommend a favorable, or forward a favorable recommendation to the County Council, with the amendments to Condition E as specified by Daryn, with the additional language at the end of Condition E, as well as the changes, or amendments, to Condition F. GIFFIN: Perfect. Daryn. ARAI: May I ask for one clarification? Does that motion also include or not include the recommendation by Public Works to increase the additional right-of-way from eight feet to 12.5? IOKEPA: My apologies. It does. Thank you. GIFFIN: Okay? ARAI: Thank you. GIFFIN: Do I hear a second? WHITTEMORE: Second. GIFFIN: It's been moved by Commissioner Iokepa and seconded by Commissioner Whittemore that the change of zone application, REZ 11-148, be forwarded to the County Council with a favorable recommendation from us, along with all of the conditions that were proposed by the Director, with the exception of changes to Condition E, as specified by Daryn, which included the 12.5 change in the width, and also Condition F as proposed by the Department. Correct? ARAI: Correct. GIFFIN: All right, Daryn, I think we are ready for the question. ARAI: Commissioner Iokepa? IOKEPA: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Commissioner Beaudet? BEAUDET: Aye. 30 ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Madam Chair? GIFFIN: Aye. ARAI: Madam Chairwoman, motion carries with five aye votes. GIFFIN: Thank you very much. And, Daryn, the Commission appreciates all that you have done. Thank you very much. And Ms. Grand, you'll be notified by the Department of the motion carried out today. The discussion ended at 11:50 a.m. 31 Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission