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HomeMy WebLinkAboutCOM 0485.000 2012-2014 - MtY � ,' Walter K.M.Lau Le- Managing Director William P.Kenoi +*c��'•"-�'i/�•1> Mayor "s,,�, Randall M.Kurohara • O•;ii►� Deputy Managing Director TE OF�M► County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 October 18, 2013 • C) v., 2. o _ J Yoshimoto, Council Chair -f t. and Members of the County Council �n County of Hawai`i 25 Aupuni Street :; Hilo, HI 96720 :o Dear Chairman Yoshimoto and Members: State Land Use Boundary Amendment (SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Applicant: Hualalai Partners of Kona, LLC Tax Map Key: 7-5-017:043 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 matter. Sincerely, tiMIO — William P. Kenoi Mayor Enclosures cc: Planning Department '<b.11\ 5 ti-Vo Comm. No. (181- 1- Ref. To: PC.. County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date OCT 2 8 2013 ,, ...„.. •_ +tVofM .,. t�OF MF' County of Hawaii LEEWARD PLANNING COMMISSION OCT 1 8 2013 Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment (SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Applicant: Hualalai Partners of Kona, LLC Tax Map Key: 7-5-017:043 The Leeward Planning Commission, after a duly held public hearing on September 26, 2013, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Urban and a Change of Zone from Agricultural— 5 acres (A-5a) to Single-Family Residential— 15,000 square feet(RS-15) for approximately 14.968 acres of land. The property is located southwest of the intersection of Kahului-Hienaloli Road and Hualalai Road, north of the Sugar Cane Lane Subdivision, Kahului 2nd, North Kona, Hawai`i. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years, or in amending the boundary, land contiguous with Hawai`i County is an Equal Opportunity Provider and Employer J Yoshimoto, Council Chair and Members of the County Council Page 2 existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban- designated lands to the west. The applicant's request to designate 14.968 acres into the Urban District reflects the infilling of Agricultural-lands within this section of North Kona already surrounded by Urban-designated lands to the west. The applicant requests a concurrent Change of Zone from Agricultural (A-5a) to Single-Family Residential 15,000 square feet (RS-15) to develop a 43-lot single family residential subdivision on the site. The Urban District request would be consistent with the goals and policies of the Land Use element of the General Plan. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Urban Expansion Area. Thus, the area under consideration is consistent with the urban form established for this section of North Kona as depicted on the LUPAG Map. The project site is located in an urban-like setting adequately served by transportation, utilities, commercial establishments and other amenities. The reclassification and proposed rezoning will allow the property to be used for the development of a 43-lot single-family residential subdivision. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools, police and fire protection, transportation systems and water. The project site is located near the Kailua-Kona urban area, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The primary project access will be from the project's makai boundary connecting to the adjacent property(TMK: 7-5-17: 42)makai of the site, and south at Paulehia Street in the Pualani Estates Subdivision through the signalized intersection at Queen Ka`ahumanu Highway and Puapuaanui Street in the Pualani Estates Subdivision. Consistent with the Kona CDP regarding roadway connectivity, the project will be required to include a north-south connector road between the project's potential stubout at the south boundary, and also connect to Hualalai Road through the project's access at the makai boundary connecting to adjacent Parcel 42. J Yoshimoto, Council Chair and Members of the County Council Page 3 Hualalai Road is a County collector street with an 18 to 20-foot wide pavement with a variable right-of-way. The Department of Public Works (DPW) states, in summary: • Hualalai Road is substandard based on width, alignment and roadside hazard clearances. • The proposed connection to Hualalai Road should be master planned further mauka to serve both the subject property and adjoining Parcel 43 mauka of the site. • Realign the right-of-way property line along the entire subject property frontage of Hualalai Road to provide an alignment meeting with the approval of the DPW. Condition H of Ordinance No. 10 2 affecting Parcel 42 requires roadway connections to the subject parcel. Water can be made available to the site. Police and fire protective services are within close proximity to the project site. All essential utilities will be made available to the property. The project is also consistent with the Hawai`i State Plan, a guide for the long- range development of the State. The Plan identifies goals, objectives, policies and priorities for the State and provides a basis for the determination of policies and allocation of limited resources. Section 226-19 (Objectives and policies for socio-cultural advancement- housing), subsection (b)(1) of the Hawai`i State Plan Chapter 226, HRS, (1996) states "it shall be the policy of this State to effectively accommodate the housing needs of Hawai`i's people." Section (b)(3)which states, "Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing." Thus, the proposed project is consistent with the policies outlined in the Hawai`i State Plan. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses. The project site is located near urban-type uses, including the Pualani Estates Subdivision and Sugar Cane Lane Subdivision. Kailua-Kona, the urban center for West Hawai`i with hotels, multi-family residential, single-family residential, public facilities and commercial uses, is located in close proximity to the site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency designates the property as Zone "X", areas J Yoshimoto, Council Chair and Members of the County Council Page 4 outside of the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus, the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A-5a)zoned district, it is not currently being used for active agricultural purposes. The property is unclassified under the State of Hawai`i's Agricultural Lands of Importance to the State of Hawai`i (ALISH) Map and is not in agricultural use. The project site is vacant and heavily vegetated. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "D" or "Poor." An Archaeological Inventory Survey dated August 2005 was prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR-HPD. The survey was approved by the DLNR-HPD on January 25, 2006. Six archaeological sites were identified, including historic walls, a ranching enclosure, and a terraced outcrop (temporary habitation site). All six sites were assessed as significant, and data recovery was recommended for the temporary habitation site. In addition, an Archaeological Data Recovery of SIHP Sites 24558 and 24563 report of two temporary habitation sites concluded that both sites warranted mitigation in the form of data recovery. On November 30, 2009, the DLNR-HPD approved the report. The reclassification of 14.968 acres from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawai`i. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. Change of Zone The applicant requests a Change of Zone from Agricultural (A-5a) to Single- Family Residential (RS-15) to develop a 43-lot single-family residential subdivision on the property. The applicant intends to submit a Planned Unit Development (PUD) application, which, if approved, will allow for flexibility in lot and roadway design that includes smaller lot sizes of approximately 10,000 square feet to be accessed by non- dedicable roadways. The applicant also requests a concurrent processing of a State Land Use Boundary Amendment from Agricultural to Urban. J Yoshimoto, Council Chair and Members of the County Council Page 5 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-5a) to Single-Family Residential 15,000 square feet(RS-15) conforms to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A-5a and the State Land Use designation is Agricultural. 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 Urban Expansion Area. This designation allows for a mix of high density,medium density, low density, industrial, industrial- commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Thus, the proposed development 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(KCDP) adopted by Ordinance No. 08 131 effective September 25, 2008 identifies the property as Kona Urban Area. The project is consistent with the Land Use and Transportation policies in the KCDP, as the project is considered an"infill"rezoning. The project will provide a north-south connector road through the development, consistent with the recommendation of the KCDP. In letters dated February 25, 2010 and May 23, 2013, the Planning Director has made a determination that the project site is within the Kona Urban Area. Surrounding properties are zoned A-la, A-5a and RS-7.5. The project site is located northeast of the Pualani Estates Subdivision (RS-7.5). Sugar Cane Lane Subdivision (RS-15) is located mauka of the Pualani Estates Subdivision. Nearby properties are vacant or in residential uses. The property adjacent to the subject property to the west (TMK: 7-5-17: 42) was reclassified from A-5a to RS-10 by Ordinance No. 10 2 effective February 1, 2010 for approximately 14.437 acres of land to subdivide the property into 53 lots. The applicant proposed to submit a Planned Unit Development • J Yoshimoto, Council Chair and Members of the County Council Page 6 application to allow smaller lot sizes of approximately 7,500 square feet. Construction of the infrastructure was proposed to be completed within twelve(12)months of Final Subdivision Approval. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of North Kona. The project site's proximity to schools would foster educational opportunities for students as well as residents in the nearby community. The Federal Emergency Management Agency designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unidentified by the Agricultural Lands of Importance to the State of Hawai`i (ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as "D" or"Poor" for agricultural productivity by the Land Study Bureau. The primary project access will be from the project's makai boundary connecting to the adjacent property(TMK: 7-5-17: 42) west or makai of the site, and south at Paulehia Street in the Pualani Estates Subdivision through the signalized intersection at Queen Ka`ahumanu Highway and Puapuaanui Street in the Pualani Estates Subdivision. Consistent with the Kona CDP regarding roadway connectivity, the project will be required to include a north-south connector road between the project's potential stubout at the south boundary, and also connect to Hualalai Road through the project's access at the makai boundary connecting to adjacent Parcel 42. Hualalai Road is a County collector street with an 18 to 20-foot wide pavement with a variable right-of-way. The Department of Public Works (DPW) states, in summary: • Hualalai Road is substandard based on width, alignment and roadside hazard clearances. • • The proposed connection to Hualalai Road should be master planned further mauka to serve both the subject property and adjoining Parcel 42 makai of the site. • Realign the right-of-way property line along the entire subject property frontage of Hualalai Road to provide an alignment meeting with the approval of the DPW and dedicate additional right-of-way to the County equal to or more than one-half the difference between the existing right-of-way and the realigned 50-foot wide right- of-way. An additional 5-foot wide future road widening setback easement shall be provided along the entire property frontage and dedicated to the County upon request at no cost to the County. J Yoshimoto, Council Chair and Members of the County Council Page 7 • Provide improvements to the entire frontage of the subject property and Parcel 30 (owned by Kona Coffee and Tea Company) consisting of, but not limited to, grading pavement widening, drainage improvements, and any relocation of utilities, meeting with the approval of the DPW. Condition H of Ordinance No. 10 2 affecting Parcel 42 requires roadway connections to the subject parcel. Pursuant to Section 25-2-46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report is required of all major developments that can generate 50 or more peak hour trips within six months before the submission of a change of zone. The applicant has submitted a TIAR conducted by Witcher Engineering, LLP dated March, 2013 (Attachment H in the application). The report concluded that the short term impact of construction would not have a significant effect along Hualalai Road. The TIAR also concluded that the long term effect of this project on the Queen Ka`ahumanu Highway/Hualalai Road intersection is minimal. The TIAR concluded that the levels of service at the intersection of Puapuaanui Street and the Queen Ka`ahumanu Highway, as well as Hualalai Road and the project entrance to be"A"or"B"during the AM and PM peak hours and are thus acceptable levels of service in compliance with concurrency requirements of the Hawai`i County Code. All utilities and services are available to the site. The Department of Water Supply(DWS) states that the applicant is a member of the Waiaha System, LLC, which executed a Water Development Agreement with the Water Board to secure water commitments for the development. According to the applicant, on February 5, 2013, Waiaha System, LLC, Waiaha System II, LLC and Kohanaiki Shores, LLC received approval from the DWS and Water Board to develop the South Waiaha Water System. The DWS has stated that a water commitment has been secured for 43 units through the agreement. The project will connect to the County sewerline. No comments were received from the Department of Environmental Management as of this writing. The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is located mauka of the Queen Ka`ahumanu Highway and not 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. J Yoshimoto, Council Chair and Members of the County Council Page 8 An Archaeological Inventory Survey dated August 2005 was prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR-HPD. The survey was approved by the DLNR-HPD on January 25, 2006. Six archaeological sites were identified, including historic walls, a ranching enclosure, and a terraced outcrop (temporary habitation site). All six sites were assessed as significant and additional data recovery was recommended for the temporary habitation site. In addition, an Archaeological Data Recovery of SIHP Sites 24558 and 24563 report of two temporary habitation sites concluded that both sites warranted mitigation in the form of data recovery. On November 30, 2009, the DLNR-HPD approved the report. According to the applicant, there are no known rare or endangered flora or fauna on the site. With the acceptance by DLNR of the inventory survey and subsequent data recovery reports, proper archaeological mitigation reassures have been completed and no further work is recommended. In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The following studies were included in the application: • An Archaeological Inventory Survey of TMK: 3-7-5-017: 043, August, 2005, prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR- HPD and approved by the DLNR-HPD on January 25, 2006. • Archaeological Data Recovery of SIHP Sites 24558 and 24562, TMK: 3-7-5-017: 042 and 043 prepared by Rechtman Consulting,revised June, 2009 and approved by the DLNR-HPD on November 30, 2009. The valuable cultural,historical, and natural resources found in the area: The archaeological/cultural surveys conducted on the project site revealed no endangered species. The recommended data recovery for sites identified as significant will be followed. A standard condition will be included to require the applicant to cease work and notify the DLNR-HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR-HPD. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. With proper mitigation in the form of data recovery, no historic properties will be affected by this project. J Yoshimoto, Council Chair and Members of the County Council Page 9 Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources in the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A-5a) to a Single Family Residential (RS-15) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bills for an amendment to the State Land Use Boundary Maps and to amend Section 25-8-3 (North Kona Zone Map) of Chapter 25, Zoning Code, of the Hawai`i County Code, are provided for your favorable consideration. Enclosed please find various correspondence by Christopher J. Yuen, Mark Van Pernis (2), Linda and William Horgan, Mac McInnis (2), Steve Fiala& Gail Boucher, Kona Traffic Safety Committee, Carlsmith Ball (2), Jeffrey& Susan Bland, PEAK Board of Directors, Joel Cooperson, Marie Aguilar, Mary Kay McInnis, Cindy Coats, Ed Schulman,Normita Error, and Harold Murata for your information. We are also enclosing a copy of the staff background, Planning Director's Recommendation, the transcripts of the September 26, 2013 and July 18, 2013 meetings and the Powerpoint presentation for your information. Sing- ely, /4- /' Geraldine Giffin, Chairman Leeward Planning Commission LHualalaslurez021pc Enclosures cc: Steven S. C. Lim, Esq. Department of Water Supply Department of Public Works State Land Use Commission Planning Department - Kona William Brilhante, Esq. BHualalaiPartSLUREZ2013.doc-7/15/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HUALALAI PARTNERS OF KONA,LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 13-38) CHANGE OF ZONE APPLICATION (REZ 13-164) HUALALAI PARTNERS OF KONA,LLC has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5-acres (A-5a)to Single-Family Residential 15,000 square feet (RS-15) for approximately 14.968 acres of land. The property is located southwest of the intersection of Kahului-Hienaloli Road and Hualalai Road, north of the Sugar Cane Lane Subdivision, Kahului 2°d,North Kona, Hawaii, TMK: 7-5-017: 043. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from A-5a to RS-15 for approximately 14.968 acres of land to allow the subdivision of the property into forty-three (43) lots. The project will provide future road connectivity with Parcel 42 located makai (west) of the project site. Improvements will include a stubout for the future extension of Pualena Street through Parcel 22 to the south and an alternate access to Hualalai Road. Should the rezoning be approved, the applicant intends to submit an application for a Planned Unit Development(PUD) for flexibility in design and a selection of smaller lot sizes with a minimum of 10,000 square feet,to be accessed by non-dedicable roadways. (Planning Department Exhibit 1 - State Land Use Boundary Amendment and Change of Zone applications) 2. Project Schedule: Construction of the infrastructure is proposed to be completed within twelve (12)months of Final Subdivision Approval. Based on current market conditions, the lots are expected to be developed and sold over an approximate 2-3 year period. 3. Cost: Approximately $6 million. 4. Landowner: Hualalai Partners of Kona, LLC. Attachment to: Cairn. 485 Bills 143 & 144 OTHER INFORMATION 5. Previous Actions on the Property: On June 1, 2010,the applicant filed a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural five acres (A-5a)to Single-Family Residential 10,000 square feet (RS-10). After the Planning Commission hearing, the applicant requested a deferral of the hearing on the matter before the meeting of the Council Planning Committee. On January 23, 2012, the applicant filed a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural five-acres (A-5a)to Single-Family Residential 15,000 square feet(RS-15). Thereafter, on February 24, 2012, the applicant requested to defer processing of the applications prior to the Leeward Planning Commission hearing to allow more time to address community concerns. Both of these prior actions were subsequently withdrawn by the applicant. STATE AND COUNTY PLANS 6. State Land Use Designation: Agricultural. 7. GP LUPAG Map: Urban Expansion Area. 8. County Zoning: A-5a. 9. Community Development Plan: The Kona Community Development Plan(KCDP) adopted by Ordinance No. 08 131 effective September 25, 2008 identifies the property as located within the Kona Urban Area. (Attachment I in the application, Planning Department's February 25,2010 and May 23, 2013 letters) The project is consistent with the Land Use and Transportation policies in the KCDP, as the project is considered an "infill"rezoning, and the project will provide a north-south connector road through the development. 10. Special Management Area (SMA): The property is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Project Site: The property is an approximately 14.968-acre vacant parcel on the southwest corner of Kahului-Hienaloli Road and Hualalai Road. The project site is heavily vegetated. 12. Surrounding Zoning/Land Uses: Surrounding properties are zoned A-1 a to the north, A-la to the east (mauka) across Hienaloli Road,A-5a to the south and RS-7.5 to the -2- southwest(Pualani Estates Subdivision). Sugar Cane Lane Subdivision(RS-15) is located mauka of the Pualani Estates Subdivision. Nearby properties are vacant or in residential uses. The property adjacent to the subject property to the west(makai) identified as TMK: 7-5-17: 42 was reclassified from A-5a to RS-10 by Ordinance No. 10-2 effective February 1, 2010 for approximately 14.437 acres of land to subdivide the property into 53 lots. 13. ALISH: Unclassified. 14. Land Study Bureau's Detailed Land Classification System: "D" or"Poor". 15. U.S. Soil Survey: rPYD, or Punaluu extremely rocky peat, 6 to 20 percent slopes. Runoff is slow, and the erosion hazard is slight. 16. FEMA: Zone "X", areas determined to be outside the 500-year flood plain. 17. Flora/Fauna: The property is almost entirely covered with a dense growth of introduced grasses. Vegetation within the project area consists of a combination of kiawe,koa haole, and other grasses, vines, weeds and shrubs. Species observed in the project area include the Zebra Dove, Spotted Dove, Common Myna, House Sparrow and House Finch. According to the applicant,there are no known rare or endangered flora or fauna on the site. 18. Archaeological/Cultural Resources: An Archaeological Inventory Survey dated August 2005 was prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR-HPD. The survey was approved by the DLNR-HPD on January 25. 2006. Six archaeological sites were identified, including historic walls, a ranching enclosure, and a terraced outcrop (temporary habitation site). All six sites were assessed as significant and additional data recovery was recommended for the temporary habitation site. In addition, an Archaeological Data Recovery of SIHP Sites 24558 and 24563 report of two temporary habitation sites concluded that both sites warranted mitigation in the form of data recovery. On November 30, 2009, the DLNR-HPD approved the report. With the acceptance by DLNR of the inventory survey and subsequent data recovery reports, proper archaeological mitigation reassures have been completed and no further work is recommended. 19. Air Quality: The proposed project is not expected to impact air quality in the area. -3- 20. Scenic/Visual Resources: As the property is located approximately 7,000 feet mauka of the shoreline, views to the shoreline should not be impacted. From the shoreline, the project will be visible,though not distinguishable from the surrounding area. 21. Public Access: None that traverses the property. 22. Traffic: Pursuant to Section 25-2-46, Concurrency Requirements of the Zoning Code, a Traffic Impact Analysis Report is required of all major developments that can generate 50 or more peak hour trips within six months before the submission of a change of zone. The applicant has submitted a TIAR conducted by Witcher Engineering, LLP dated March, 2013 (Attachment H in the application). The report concluded that the short term impact of construction would not have a significant effect along Hualalai Road. The TIAR also concluded that the long term effect of this project on the Queen Ka`ahumanu Highway/Hualalai Road intersection is minimal. The TIAR concluded that the levels of service at the intersection of Puapuaanui Street and the Queen Ka`ahumanu Highway, as well as Hualalai Road and the project entrance to be"A"or"B"during the AM and PM peak hours and are thus acceptable levels of service in compliance with concurrency requirements of the Hawai`i County Code. PUBLIC UTILITIES AND SERVICES 23. Access: The primary project access would be located on Hualalai Road,with traffic split between Hualalai Road for the northbound traffic to the Queen Ka`ahumanu Highway and the secondary access for southbound traffic at the project's makai boundary thru TMK: 7-5-17: 42 which connects with Paulehia Street and Puapuaanui Street, to the traffic-controlled intersection at Queen Ka`ahumanu Highway at the entrance to the adjacent Pualani Estates Subdivision. Consistent with the Kona CDP regarding roadway connectivity, the project will include a north-south connector road between the project's potential stubout at the south boundary, and also connect to Hualalai Road through the project's access at the makai boundary connecting to adjacent Parcel 42. Hualalai Road is a County collector street with an 18 to 20-foot wide pavement with a variable right-of-way. The Department of Public Works (DPW) states, in summary: -4- • Hualalai Road is substandard based on width. alignment and roadside hazard clearances. • The proposed connection to Hualalai Road should be master planned further mauka to serve both the subject property and adjoining Parcel 42 makai of the site. • Realign the right-of-way property line along the entire subject property frontage of Hualalai Road to provide an alignment meeting with the approval of the DPW and dedicate additional right-of-way to the County equal to or more than one-half the difference between the existing right-of-way and the realigned 50-foot wide right-of-way. An additional 5-foot wide future road widening setback easement shall be provided along the entire property frontage and dedicated to the County upon request at no cost to the County. • Provide improvements to the entire frontage of the subject property and Parcel 30 and 43 and transitions consisting of, but not limited to, grading pavement widening, drainage improvements, and any relocation of utilities, meeting with the approval of the DPW. Condition H of Ordinance No. 10 2 affecting Parcel 42 requires roadway connections to the subject parcel. The DPW indicated that additional comments will be provided at the time a separate PUC application is filed with the Planning Department. 24. Water: The Department of Water Supply(DWS) states that the applicant is a member of the Waiaha System, LLC, which executed a Water Development Agreement with the Water Board to secure water commitments for the development. According to the applicant, on February 5, 2013, Waiaha System, LLC, Waiaha System II, LLC and Kohanaiki Shores, LLC received approval from the DWS and Water Board to develop the South Waiaha Water System. The DWS has stated that a water commitment has been secured for 43 units through the agreement. 25. Wastewater: According to the project's Sewer Report(Witcher, 2013,Attachment G in the application), an 8-inch sewer connection is available at the north end of Paulehia Street in the adjacent Pualani Estates Subdivision. 26. Solid Waste: Solid waste will be disposed of at the Puuanahulu landfill. 27. Essential Utilities and Services: All essential utilities are available to the project site. -5- Kona Community Hospital is located in Kealakekua. Police and fire services are located in Kealakehe and Kailua-Kona. AGENCIES' COMMENTS 28. Department of Public Works: P.D. Exhibit 2 -June 3,2013 memo 29. Department of Water Supply: P.D. Exhibit 3 -June 20,2013 memo 30. Police Department: P.D. Exhibit 4 - May 20,2013 memo 31. Fire Department: P.D. Exhibit 5 -May 21,2013 memo 32. Office of Housing and Community Development: P.D. Exhibit 6- May 16, 2013 memo 33. DLNR Historic Preservation Division: P.D. Exhibit 7 -May 29, 2013 letter 34. DLNR Land Division: P.D. Exhibit 8-June 4,2013 letter and attachments 35. Department of Health: P.D.Exhibit 9-May 29,2013 memo AGENCIES -NO COMMENTS 36. Department of Environmental Management, Land Use Commission, Kona Traffic and Safety Committee PUBLIC COMMENTS 37. None as of this writing. -6- APPLICATIONS FOR STATE LAND USE DISTRICT BOUNDAR YAMENDMENT, and CHANGE OF ZONE and County Environmental Report at Kahului 2nd, District of North Kona, Hawaii TMK: (3) 7-5-017:043 Applicant: HUALALAI PARTNERS OF KONA, LLC Prepared by: Steven S. C. Lim Carismith Ball, LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 APRIL 2013 Planning Dept. Exhibit STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Hualalai Partners of Kona, LLC PETITIONER'S SIGNATURE: (See attached Letter of Authorization) DATE: ADDRESS: c/o Steven S.C. Lim, Esq., Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo, Hawaii 96720 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 LANDOWNER(S): Hualalai Partners of Kona, LLC LANDOWNER SIGNATURE(S): (See attached Letter of Authorization) DATE: (May be by letter) ADDRESS: TAX MAP KEY: (3) 7-5-017:043 STREET ADDRESS OF PROPERTY: ZONING: Agricultural 5-acres (A-5a) SIZE OF PROPERTY: 14.968 acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Steven S. C. Lim, Esq., Carlsmith Ball LLP ADDRESS: 121 Waianuenue Avenue, Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S. C. Lim, Esa. COPIES: Hualalai Partners of Kona, LLC (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Hualalai Partners of Kona, LLC APPLICANT'S SIGNATURE: (See attached Letter of Authorization) DATE: ADDRESS: c/o Steven S.C. Lim, Esq., Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 LANDOWNER(S): Hualalai Partners of Kona, LLC LANDOWNER SIGNATURE(S): (See attached Letter of Authorization) DATE: (May be by letter) LANDOWNER(S)ADDRESS: REQUEST: Agricultural, 5-acres (A-5a) TO Single-Family Residential, 15,000 square feet (RS-15) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 7-5-017:043 STREET ADDRESS OF PROPERTY: N/A (South of Hualalai Road) SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 14.968 acres AGENT: Steven S.C. Lim, Esq., Carlsmith Ball LLP ADDRESS: 121 Waianuenue Avenue, Hilo, Hawaii 96720 TELEPHONE:(Bus.) (808) 935-6644 (Res.) (Fax) (808) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim, Esq. COPIES: Hualalai Partners of Kona, LLC Attachment Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAI'I APPLICATION FOR CHANGE OF ZONE RESPONSE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes,please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 14.968 acres b. Into what lot sizes? 15,000 sq. ft. 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? 6 months d. Do you intend to build houses on the new created lots? Yes If yes,please answer the following questions: On how many of those lots? All At what approximate price range? House --- Lot --- Approximately Total $400K-800K, depending on market conditions Approximately how long, after approval of the subdivision, would the first house be available for occupancy? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 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? N/A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. Other(please state) N/A f. If you intend to do either a,b, 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. N/A 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed Project will provide much needed residential lot inventory to West Hawaii. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? N/A 5. Is the subject land currently being used for any agricultural activity? No If so,please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No If so,what kind? Primary access to the Project will be from the Project's makai boundary into the adjacent Lot D connecting to the south at Paulehia Street which will connect to the signalized intersection at Queen Kaahumanu Highway and Puapua'anui Street with an overall Level of Service of "A" or "B". The subdivision design will include connection to the north-south connector road between Paulehia Street and Hualalai Road meeting with the Kona Community Development Plan concept of interconnectivity of roads between projects. 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? YES NO a. Schools X b. Roads X c. Sewer X d. Drainage X e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other N/A For those checked "yes",please elaborate what type or kinds of improvements and/or assistance are needed. Although the Applicant has chosen "yes" for Police and Fire Protection, the Applicant does not anticipate any new improvements will be required by the police or fire departments to service this relatively small project. The police and fire facilities will be addressed by the fair share contributions required from the project. See attached Fee Owners' Letter of Signature: Authorization Address: Telephone: Date: FEE OWNER'S LETTER OF AUTHORIZATION Tax Map Key: (3) 7-5-017:043 Kahului 2nd,District of North Kona, Island 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,and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original, Dated: 3— f♦ D HUALALAI PARTNERS OF KONA, LLC a Domestic Limited Liability Company By i. . Its . _ r Address: Post Office Box 33640 Laughlin,NV 89028 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ) On 3-1- .20i0 ,before me, � (92a-u-L-40t ps,e blame Awl Tale 0rOirnx,(ez."lone Doe.Nomq P161 k") personally appeared f:A-e4f,d 1. fA . Name of Signa(s) / who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PATRICIA OLISTERHOUr I certify that under PENALTY OF PERJURY under the N,� OomrrH 1871935 Notary Publi c-California laws of the State of California that the foregoing paragraph vbIl . . r1 Orange County is true and correct. ?TT:Exeires 20_202 Feb 4 WITNESS my hand and official seal. Sg i nature Signature of Notary Public OPTIONAL Though the data below is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Description of Attached Document Title or Typc of Document: Fee Owner's Letter of Authorization(TMK:(3)7-5-017:043) Document Date: Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: • Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General 0 Partner- ❑ Limited ❑ General ❑ Attorney In Fact ❑ Attorney In Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is representing: Signer is representing: County Environmental Report State Land Use District Boundary Amendment from Agricultural to Urban Change of Zone from Agricultural 5-acre(A-5a) to Single Family Residential 15,000 s f, (RS-15) Applicant:HUALALAI PARTNERS OF KONA, LLC Agent:Steven S.C. Lim, Car/smith Ball LLP Kahului 2nd, District of North Kona, Hawaii TMK: (3) 7-5-017:043 (14.968 ± acres) April 2013 TABLE OF CONTENTS 1.0 PROJECT DESCRIPTION 1 1.1 SUMMARY OF REQUEST 1 1.2 PROJECT DEVELOPMENT AND STATEMENT OF OBJECTIVES 2 1.3 EXISTING AND SURROUNDING LAND USES 3 1.4 DEVELOPMENT PROGRAM 3 1.5 DEVELOPMENT TIMETABLE 3 1.6 ESTIMATED INFRASTRUCTURE & SITE DEVELOPMENT COSTS 4 2.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 5 2.1 PHYSICAL ENVIRONMENT 5 2.1.1 Geology, Physiography, and Climate 5 2.1.2 Soils and Agricultural Potential 5 2.1.3 Flora and Fauna 6 2.1.4 Ka Pa'akai 0 Ka 'Aina Issues 6 2.1.5 Historic and Archaeological Sites 7 2.1.6 Natural Hazards 8 2.1.7 Air and Noise Quality 8 2.1.8 Scenic and Visual Resources 9 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 9 2.2.1 Schools 9 2.2.2 Parks and Recreation 10 2.2.3 Medical Services 11 2.2.4 Police and Fire Protection Services 11 2.2.5 Water System 12 2.2.6 Drainage 12 2.2.7 Sewage System 13 2.2.8 Solid Waste Disposal 13 2.2.9 Electrical, Telephone and Cable Services 13 2.2.10 Vehicular Circulation/Traffic 14 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS AND POLICIES 15 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS 15 3.2 HAWAII STATE PLAN 15 3.3 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COMMISSION 18 -i- TABLE OF CONTENTS 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS 18 3.5 HAWAII COUNTY GENERAL PLAN 18 3.6 COUNTY ZONING 23 3.7 KONA COMMUNITY DEVELOPMENT PLAN 24 3.8 SPECIAL MANAGEMENT AREA 27 3.9 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) 27 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 28 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG- TERM PRODUCTIVITY 28 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS 28 4.3 ALTERNATIVES TO THE PROJECT 29 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 30 5.0 AGENCIES CONTACTED 31 -ii- 1.0 PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST HUALALAI PARTNERS OF KONA, LLC, hereinafter referred to as the "Applicant" is seeking a State Land Use District Boundary Amendment (SLUDBA) from "Agricultural" to "Urban" and a Change of Zone from the Agricultural 5-acre (A-5a) to the Single Family Residential - 15,000 square feet (RS-15) zone district to allow the development of a single family residential subdivision of approximately forty-three (43) lots, hereinafter referred to as the "Project"(See Exhibit 1 - Concept Plan). The subject property consists of approximately 14.968± acres, located on the northeasterly side of Hawaii Belt Road and on the southwesterly side of Hualalai Road, situated at Kahului 2nd, District of North Kona, Island and County of Hawaii and identified as Tax Map Key No. (3) 7-5-017:043, hereinafter referred to as the "Property". (See Exhibit 2 -Tax Map Key). The Applicant is the fee owner of the Property. A Letter of Authorization from the Applicant is attached to the Application to allow Carlsmith Ball LLP to represent the Applicant on these land use permit applications. A copy of the deed recorded in the Bureau of Conveyances on December 15, 2004 as Document No. 2004-252858 showing ownership has also been included as part of both applications (See Attachment A - Warranty Deed). The Property is not located within the County Special Management Area (SMA), which is makai/west of the Property and extends from the shoreline to Kuakini Highway. The General Plan, adopted by the County Council in February 2005 and amended in December 2006 under Ordinance 06-153, sets forth a long-range comprehensive development plan of the Island of Hawaii. The General Plan outlines planning objectives for each of the island's districts. For North Kona, the General Plan encourages the development of appropriately located and serviced privately-held and State-owned lands for house lots, and to improve and develop roadways, water and sewerage systems, and other basic facilities to encourage development of lands suitable for residential use. Furthermore, the Land Use Pattern Allocation Guide (LUPAG) designation for the Project, as shown in Exhibit 3 - County LUPAG Map, indicates that the Project is designated as part of the Urban Expansion area. Therefore, the proposed Project is consistent with the General Plan. In addition, the Project site is situated in the Kona Urban Area, an area designated for urban use within the Kona Community Development Plan's ("KCDP") Official Land Use Map (Exhibit 4 - KCDP Official Land Use Map), and is thus consistent with the Kona CDP. Therefore, the proposed Project is consistent with the County's long-range land use plans for the area. The Property is located approximately 3,300 feet mauka of the intersection of Hualalai Road and the Queen Ka'ahumanu Highway and immediately makai of the Hualalai Road and Hienaloli Road intersection, Parcel 30 to the north and Parcel 22 to the south. Primary access for the Project would be located on Hualalai Road, with the traffic departing the Project split between 1) Hualalai Road for the northbound traffic leading to the Queen Ka'ahumanu Highway, and 2) the secondary access for southbound traffic provided at the Project's makai boundary through Parcel 42, which connects with Paulehia and Puapua'anui Streets leading to the traffic-controlled intersection at Queen Ka'ahumanu Highway at the entry to the adjacent Pualani Estates Subdivision. Additional access to the south is also planned from a future connector road stub out at the Property's south boundary for eventual connection to a planned extension of Pualena Street within the south Parcel 22. The location and regional context of the -1- Project area are shown in Exhibit 2 - Tax Map Key and Exhibit 5 - Regional Location Map of Property. The following Table 1 summarizes the land use status of the Project. Table 1 LAND USE STATUS Tax Map Key (see Exhibit 2): (3) 7-5-017:043 (14.968± acres) State Land Use: The entire Project is located in the (Exhibit 6 - State Land Use District Boundary Agricultural District. Map) County General Plan ("LUPAG") (see Exhibit 3): The entire Project is designated "Urban Expansion Area" County Kona Community Development Plan The entire Project is located within the ("KCDP") (see Exhibit 4): Kona Urban Area Hawaii County Zoning: Agricultural (A-5a) (Exhibit 7 - Hawaii County Zoning Map) County Special Management Area ("SMA"): The entire Project is located outside (Exhibit 8 - SMA Map) the SMA. Flood Hazard Zone Designation: The entire Project is located within (Exhibit 9 - Flood Insurance Rate Map) Zone "X", outside of the 500-year flood plain. Applicant requests the following: (1) SLUDBA to reclassify the Property from the State Land Use ("SLU") Agricultural District to the SLU Urban District and (2) a COZ to reclassify the Property from Agricultural District 5-acre (A-5a) to Single-Family Residential District - 15,000 square feet (RS-15). This Environmental Report, prepared according to the requirements of Section 25-2-42 of the Hawaii County Code, is submitted in support of the Application and includes all figures, tables and technical studies for this Application, including an Archaeological Inventory Survey of the Property. 1.2 PROJECT DEVELOPMENT AND STATEMENT OF OBJECTIVES The Applicant intends to develop the Property into approximately 43-single-family residential lots and provide future road connectivity with the adjacent makai/west Parcel 42, to include a stubout for future extension of Pualena Street through the south Parcel 22 and an alternate access to Hualalai Road. The Pualani Estates subdivision to the southwest is within the County's Single-Family Residential 7,500 square feet (RS-7.5) zone district, with roadways constructed according to the County Department of Public Works standards. The Concept Plan (Exhibit 1) for the Project proposes subdivision lots averaging approximately 15,000 square feet per residential lot. The Applicant intends to develop the proposed 43-lot subdivision based upon strong market demand for these types of residential lots in this particular area of North Kona. Over the years, with the exception of the recent -2- market downturn, residential sales within the Kailua-Kona urban center and Resort area have been relatively steady, due in large part to the range and quality of residential products being offered, and the availability of nearby commercial and recreational amenities. The Project is intended to help meet the growing demand for residential lots in the Kailua-Kona urban center and allow for the expansion of existing and pending adjacent subdivisions in an orderly and cost-effective manner. The Project offers the advantage of being adjacent to existing infrastructure and supportive public facilities as it is located adjacent to the recently approved Hu-Ko-Pa residential development, and the Pualani Estates, Sugar Cane Lane and Hualalai Heights Subdivisions. The Project has also been planned with sensitivity to the environmental and cultural considerations of the site. Development of the Project will be consistent with the existing single family residential subdivisions in the area. 1.3 EXISTING AND SURROUNDING LAND USES The Project site is currently vacant and heavily vegetated. To the north are privately owned Agricultural lands, to the south are the Pualani Estates, Sugar Cane Lane and Hualalai Heights Subdivisions, to the west is the recently approved Hu-Ko-Pa Single-Family Residential RS-10 development, and to the north and east is Hualalai Road. Kailua-Kona is the urban center for West Hawaii and includes several hotels, multi-family and single family residential projects, several commercial shopping centers and Federal, State and County public facilities. The Project is consistent with the existing and proposed uses within the Kailua-Kona urban center, and will complement the adjacent land uses. 1.4 DEVELOPMENT PROGRAM The Project, as shown in Exhibit 1 (Concept Plan), will contain approximately forty- three (43) residential lots. The proposed subdivision will include lots that are approximately 15,000 square feet in size. Assuming approval of the State Land Use District Boundary Amendment and Change of Zone application from the County Council, the Applicant intends to submit a Planned Unit Development ("PUD") application to allow for flexibility in design and a selection of smaller lot sizes with a minimum of 10,000 square feet, to be accessed by non- dedicable roadways. Primary access for the Project would be located on Hualalai Road, with the traffic departing the Project split between 1) Hualalai Road for the northbound traffic leading to the Queen Ka'ahumanu Highway, and 2) the secondary access for southbound traffic provided at the Project's makai boundary through Parcel 42, which connects with Paulehia and Puapua'anui Streets leading to the traffic-controlled intersection at Queen Ka'ahumanu Highway at the entry to the adjacent Pualani Estates Subdivision. Consistent with the KCDP regarding interconnectivity, additional access is also provided through a connector road stubout to the southern parcel at TMK:(3) 7-5-17:22 for the future extension of Pualena Street. The Project site will be developed in a manner that is responsive to the site characteristics and surrounding uses. 1.5 DEVELOPMENT TIMETABLE Assuming approval of: 1) the State Land Use District Boundary Amendment and Change of Zone, and 2) the Planned Unit Development Application from the County Planning Department, the Applicant will submit Subdivision plans approximately three (3) months from -3- the date of the PUD approval. Construction of subdivision infrastructure would be completed within twelve (12) months of final subdivision approval. Based on current market conditions, the Project lots are expected to be developed and sold over an approximately 2-3 year period. 1.6 ESTIMATED INFRASTRUCTURE &SITE DEVELOPMENT COSTS The estimated costs for infrastructure elements, which include site preparation, sewer, water, drainage, power and communication utility improvements for the proposed subdivision will be approximately $6 Million. • -4- 2.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 2.1 PHYSICAL ENVIRONMENT 2.1.1 Geology, Physiography, and Climate Located on the southwest slope of Hualalai Volcano, overlooking Kailua-Kona, the Project area is situated on remnants of lava flows from Hualalai that are covered by a very thin layer of rocky, organic soil. The Property elevations range from approximately 550 feet at the makai boundary to approximately 600 feet above mean sea level at the mauka boundary, with slopes averaging from eight to ten percent. Due to the wind-shadow effect caused by Mauna Loa and Hualalai, winds in the area are often light and variable, dominated by local land-sea breezes. However, Kona storms in the winter season can bring very strong winds from the south or southwest for brief periods. Average daily temperatures range from a minimum of 61 degrees F to a maximum of 79 degrees F. Annual rainfall averages approximately 30 - 40 inches, with most falling in the summer months. 2.1.2 Soils and Agricultural Potential Soils in Hawaii are commonly rated in terms of three classifications systems: (1) Detailed Land Classifications, (2) Soil Survey, and (3) Agricultural Lands of Importance to the State of Hawaii, which systems are discussed below. Detailed Land Classification. Based on the five-level productivity rating system from the Land Study Bureau's 1967 Detailed Land Classifications, Is/and of Hawaii(Baker et al.1965), where "A" represents the highest rating and "E" the lowest, the soils within the entire Project site consist of "D" (Poor) soils, which are considered marginally suitable or unsuitable for agricultural purposes. None of the Project lands are categorized as "A", or "B" soils, which are considered important for agricultural purposes under Hawaii Revised Statutes Chapter 205 (State Land Use Law). Soil Survey. Soils on the site are identified by the Soil Survey of the Is/and of Hawaii (USDA-SCS 1973) as Punaluu extremely rocky peat, as described below. rPYd Punaluu extremely rocky peat, with 6 to 20 percent slopes. This soil is low on the leeward side of Mauna Loa. In a representative profile, the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava bedrock. This soil is medium acid. The peat is rapidly permeable. The pahoehoe lava is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. Roots are matted over the pahoehoe lava. Agricultural Lands of Importance to the State of Hawaii. The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types of agricultural lands, based on characteristics such as soil quality, growing season and moisture supply. The three classifications used are prime, unique, and other important/ands None of the land within the Project site is designated as "prime" or "unique" or `other important" agricultural lands, by the ALISH classification system. -5- Agricultural Potential. Due to the generally poor quality of soils within the Project site, the agricultural potential of the Project area is minimal and insignificant. Although development of the Project will result in a curtailment of the present limited use of the Project lands for occasional grazing purposes, this use is not significant given the marginal quality of these lands and the availability of other, more suitable grazing lands in the region. Additionally, the viability of any potential agricultural use of the Project land should be viewed in the context of the surrounding urban uses and the long-range land use plans for the area, as set forth by the State and County planning documents. 2.1.3 Flora and Fauna Flora. The property is almost entirely covered with a dense growth of introduced grasses. Vegetation within the project area consists of a combination of kiawe (Prosopis pallida), koa haole (Leucaena glauca) and a variety of grasses, vines, weeds, and shrubs (Rechtman 2005). There are no known rare or endangered plant life or animal species on the Property or in the near vicinity. In that those plants found on site are generally alien and introduced species, with an absence of plant species classified as rare, endangered, or threatened, the overall impact on area flora is expected to be negligible. Fauna. Species observed in the Project area and vicinity include the Zebra Dove (Geopel/a striata), Spotted Dove (Streptopelia chinensis), Rock Doves (Columba livis), Nutmeg Manikin (Lonchura punctulata), Common Myna, House Sparrow, and House Finch (Carpodacus mexicanus), as well as other non-native species. Mammals common to the area are Mongoose and feral cats and dogs. These species are highly mobile and will have little trouble in relocating to other areas. None of the species are rare or endangered. The Project will have no adverse impact on flora or fauna in the area, and would create a more open and urbanized habitat than presently exists. This change in the habitat may result in a decrease or increase in the numbers of different species, depending on the habitat preference of the species. The number of feral cats and dogs could decrease due to the urban nature of the residential development. 2.1.4 Ka Pa'akai 0 Ka 'Aina Issues Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai 0 Ka 'Aina case. a. The identity and scope of"valued cultural, historical, or natural resources"in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area: Discussion: An Archaeological Inventory Survey of TMK:(3) 7-5-017:043 was prepared by Rechtman Consulting, LLC in August 2005 (Attachment B- Archaeological Inventory Survey, Rechtman, Aug 2005) and submitted to the Department of Land and Natural Resources, Historic Preservation Division ("DLNR- SHPD") on August 17, 2005. Due to the past use of the Property for cattle grazing, much of the land has been cleared and there was no evidence of valued cultural, historical, or natural resources on the Property to date. Due to the limited cultural and -6- archaeological resources found on the Property, and the residential development of much of the surrounding area, the Applicant is not aware of the existence of any traditional or customary Native Hawaiian rights on the Property. b, The extent to which those resources — including traditional and customary native Hawaiian rights — will be affected or impaired by the proposed action;and Discussion: The Property has been graded over the Historic Period for sugarcane and pasture uses. 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. c. The feasible action, if any, to be taken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: No evidence was found of any specific natural or cultural resources or cultural beliefs and practices identified relative to the Property. Therefore, no traditional and customary native Hawaiian rights will be affected or impaired by the proposed rezoning and development of the Project. There is no feasible action to be taken by the Planning Commission and County Council other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in 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. { 2.1.5 Historic and Archaeological Sites An Archaeological Inventory Survey ("AIS") was prepared by Bulgrin and Rechtman dated August 2005 and submitted to the DLNR-SHPD on August 17, 2005 (Attachment B). On January 25, 2006, under the Hawaii Administrative Rules, Section 13-276, the DLNR-SHPD approved the AIS. (Attachment B-1 - 1/25/06 DLNR-SHPD AIS approval letter.) According to DLNR-SHPD, the six (6) archaeological sites identified in the AIS included historic walls which functioned as boundaries or in ranching (Sites 24553 through 24556), a ranching enclosure (Site 24557) and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact (Site 24558). Test excavations within terracing at Site 24558 yielded small amounts of marine shell, pig bone, volcanic glass flakes, and an adze fragment, suggesting temporary habitation use. All six (6) sites were assessed as significant under Criterion D for information on prehistory or history they have yielded, or are likely to yield. No further work is recommended for Sites 24553 through 24557. DLNR-SHPD recommended data recovery for Site 24558, with a specific interest in the location of this site at the elevation from the ku/a to kalu 'u/u traditional agricultural planting zone. Thereafter, An Archaeological Data Recovery of SIHP Sites 24558 and 24562 (TMK: (3) 7-5-017:042 and 043) dated June 2009 by Hauanio, Loubser and Rechtman was submitted to the DLNR-SHPD (Attachment C - Archaeological Data Recovery of SIHP Sites 24558 and 24562 report). The Archaeological Data Recovery report concluded that no sites on the Property were recommended for preservation but SIHP Sites 24558 and 24562 were determined to warrant mitigation in the form of data recovery. Both of the data recovery sites are modified outcrops believed to represent Pre-Contact planting, staging and processing -7- activities, based on the findings presented in the report. On November 30, 2009, pursuant to Hawaii Administrative Rule §13-278, the DLNR-SHPD approved the Archaeological Data Recovery of SIHP Sites 24558 and 24562 report (Attachment C-1). 2.1.6 Natural Hazards Potential natural hazards to the Property include volcanic eruptions and earthquakes. Volcanic hazards in the area have been studied in detail (Mullineaux and Peterson 1974). The proposed Project site is located on the southwestern slope of the Hualalai Volcano. The last volcanic eruption of Hualalai occurred in 1800 to 1801. Lava emerged from the northwest and south-southeast volcanic rift zone at about the 1,600-foot elevation (in the vicinity of Puhi-a-Pele cinder cone, just makai of Mamalahoa Highway) creating the flow that entered the ocean north of Keahole Point, about 16 miles north of the Project area. The U.S. Geological Survey divides the Island into zones that are ranked from 1 through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps show the Project area, as is all of the Kona area, to be within Lava Flow Hazard Zone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the past 750 years and that there has been 5 percent lava coverage in the past 200 years. Although lava flows on Hualalai have typically covered large areas, historic flows have been concentrated on its western flank. The historic flow closest to the Project site is the 1800-1801 flow, mentioned above. The most recent flow at Keauhou Bay, approximately 5.8 miles distant from the proposed Project area, is between 300 and 10,000 years old (Sterns and MacDonald 1946). In addition to lava flow hazard zones, tephra hazard zones (ash fall) have also been established for Hawaii. (Mullineaux and Peterson, 1974). The Project is in the Tephra Hazard Zone 4, which indicates that tephra falls from lava fountains, should these occur, may be frequent, but thin. The impacts of lava flows on the Project site can only be mitigated with the intention of protecting life. Protection of property from lava inundation has proven to be relatively ineffective on a regional scale. Therefore, mitigation of lava flow hazards would be limited to the provision of adequate evacuation routes and civil defense warning systems designed to provide users of the Project site with as much advance notice of a threatening lava flow as possible. In order to minimize potential damage to structures as a result of earthquakes, all buildings and structures within the Project will be designed and constructed in compliance with applicable Building Codes and Standards. 2.1.7 Air and Noise Quality Air Quality. Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries that would contribute to air pollution are located within the vicinity of the Project. Air quality in the vicinity of the Project is most affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze -8- (vog) from Kilauea Volcano, which drifts into the Kona area from more than fifty miles away. Another natural source of air pollution that may affect the air-quality at the site is windblown dust. Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog. The 43-lot Project would increase traffic in the area very slightly and is not expected to generate significant levels of air pollutants. Those that are generated would be dispersed rapidly by the prevailing winds. There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through utilization of best management practices such as covering transported materials, water spraying, and planting of ground cover as soon as practical. Noise Quality. Because there is residential development adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project site are similar to levels in other residential areas of the Kailua-Kona urban center and surrounding area. Noise levels in the Project area are primarily influenced by the traffic on Hawaii Belt Road. There could be short-term noise impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through scheduling work during the daytime and by ensuring that construction equipment complies with County regulations. When fully developed, the Project is not expected to add significantly to current noise levels. 2.1.8 Scenic and Visual Resources The Project will not impact views to the shoreline from the Hawaii Belt Road, the nearest State right-of-way makai of the Project site. The Project is located approximately 2,300 feet mauka of the Hawaii Belt Road and approximately 7,000 feet mauka from the shoreline. It is situated in an area where topography and vegetation would largely blend the proposed development into the mauka to makai view. From the shoreline, the Project will be visible as part of a larger regional view of the Kailua-Kona mauka lands, but not distinguishable. The Project will have no significant adverse effect on the existing scenic and visual resources of the Kailua-Kona area. 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.2.1 Schools The Project is a relatively small residential development compared to the Pualani Estates Subdivision, and is not expected to cause a significant increase in the student enrollment in the region. In fact, the latest enrollment data available for the schools listed below under Tables 3.3 and 3.4 of the County of Hawaii Data Book (Attachment D - Table 3.3 -- Public Schools, Enrollment and Grades, Hawaii District: 2011 and 2012 and Attachment D-1 - Table 3.4 -- Private Schools, Enrollment and Grades, Hawaii District: 2009 to 2012) indicate a decrease of approximately 35 students or 0.5% in public and private school enrollment from 2011 to 2012. According to the County of Hawaii Data Book, Table 1.13 (Attachment E - Table 1.13 -- Resident Population of County Divisions and Census Designated Places (CDPs), Hawaii County, By Age: 2010, updated as of 10/24/11), the number of school age children and adolescents ages 5 through 19, totaling approximately 422 -9- students, within the Project's vicinity in the Kahaluu-Keauhou area comprises approximately 12% of the total resident population (approximately 3,549 residents) and thus the Project is expected to have a minimal impact on the demand for education services in the region. The schools that may be affected by the Project include: 1) Public Schools - Konawaena and Kealakehe High Schools, Kealakehe Intermediate and Konawaena Middle Schools, Konawaena and Kealakehe Elementary Schools, Holualoa Elementary, Ke Kula o Ehunuikaimalino (K - 12) School and Kahakai Elementary School; 2) Public Charter Schools - Ke Kula '0 Nawahiokalani'opu'u (K-8), Kona Pacific (K-8) and West HI Explorations Academy (6-12); and 3) Private Schools - Hawai'i Montessori (PreK), Hualalai Academy (K-12), Kona Christian Academy (K-7) and Makua Lani Christian (8-12). The Legislature required the designation of impact districts across the state and establishment of a formula for calculating the amount of land and fees applied to each new single-family and multi-family unit built. Land and fees will be used for new schools and facilities to accommodate students residing in the new residential units within the proposed district. The fees can only be collected in designated school impact fee districts approved by the BOE. The West Hawaii Impact Fee District covers areas served by the Waimea Elementary, Waikoloa Elementary, Konawaena Elementary and the entire Kealakehe Complex. The Project is located within the Kealakehe Complex and will be subject to the school impact fees imposed by the West Hawaii Impact Fee District. On November 18, 2008, the Hawaii State Board of Education ("BOE") held its initial public hearing regarding the Proposed West Hawaii School Impact District which is the first such district under Act 245, Session Laws of Hawaii 2007 which authorizes the State Department of Education to collect impact fees from all new residential development in designated areas. A second public hearing was held on April 13, 2009 that responded to questions raised at the initial public hearing. Act 245 has been incorporated into the Hawaii Revised Statutes as Chapter 302A-1601 through 1611. On April 11, 2010, the BOE voted to implement the West Hawaii School Impact Fee District. Effective July 1, 2010 all new West Hawaii housing developments will be required to pay a school construction fee of approximately 10 percent of the construction cost or $3,359 per single-family home, and $1,796 per multi-family dwelling, as well as a land donation or fee in lieu of land, which will be determined by the land's appraisal value. The BOE and County of Hawaii are currently negotiating the terms of implementing the impact fees. 2.2.2 Parks and Recreation The William Charles Lunalilo Playground, located close to the Project, is an approximately 6.835-acre County park located within the adjacent Pualani Estates Subdivision which can currently hold major recreational sporting events such as baseball, football and soccer. County park facilities in the area include Pahoehoe Beach Park, White Sands, Magic Sands (Laaloa) and Kahalu'u Beach Parks, all of which are located within a few miles of the Project site. Kailua Park, located at the Old Kona Airport, consists of approximately 14 acres and includes a gymnasium, public swimming pool, soccer and baseball playing fields, lighted play fields, tennis courts, meeting facilities, restrooms, park offices, and a walking and bike track. The State parks in the region include the Old Kona Airport Recreational Area, a 104 acre coastal park, Kekaha Kai State Park, a 1,745.5 acre coastal park, Keolonahihi State Historical Park, a 17.7 acre coastal park, Kealakekua Bay State Historical Park, a 221.1 acre coastal park which is approximately 11 miles to the south, and the Kaloko-Honokohau National Historical Park, a 1,163 acre coastal park approximately 2 miles north of Kailua Village. -10- Based on the most recent estimates, the resident population for the North Kona district projected between 2010 to 2015 is expected to increase by 10.3% or by 3,898 residents from 34,024 residents in 2010 to 37,922 residents in 2015 (Attachment F - Table 1.6a-- Projection of Resident Population by District, Hawaii County: 2000 to 2020 (Series B), Department of Research and Development). Approximately 2,933 acres of land in the North Kona District are comprised of State and County parks (County of Hawaii Research and Development and Development website). This equates to approximately 190 acres of park per thousand population and exceeds the five acres of park per thousand population standard established by the County for park needs. According to the latest available data listed under Table 1.13 of the County of Hawaii Data Book (Attachment E), senior citizens and retirees aged 55 years and older comprise 46% of the residential population for the Kahaluu-Keauhou area. Therefore, the Project residents are expected to include a large portion of retirees and upgrading home buyers. On the other hand, the number of children and adolescents living in the Project's vicinity ages 5 to 19 years old comprise 12% of the residential population for the Kahaluu-Keauhou area. Given the relatively small size of the Project, the socio-economic make-up of the targeted buyers and the adequacy of recreational resources within the Kailua-Kona urban center and surrounding area, additional requirements over and above the Fair Share Contribution payment to address the need for additional park and recreational facilities in the area are not warranted. Nevertheless, the Applicant is proposing a landscape buffer area along the Project's northern boundary abutting TMK Parcel No.: (3) 7-5-017:030 and mauka boundary abutting Hualalai Road to serve as an open green space area for local residents. The Applicant is also proposing a pedestrian access easement between Lots 24 and 25 to access the open green space area. 2.2.3 Medical Services The nearest available public health facility is the Hawaii Health Systems Corporation's ("HHSC") Kona Community Hospital at Kealakekua, which is one of five licensed hospitals operating on the Big Island and also the primary health care facility serving West Hawaii. The community facility was established in 1975, and was last expanded in April of 2001. The Kona Community Hospital is a 94-bed full service medical center comprised of 33 medical surgical acute beds, 34 long-term care beds, 7 Obstetrics beds, 11 bed Psychiatric unit, and 9 bed intensive care unit, approximately 61 active medical staff members, approximately 94 RNs and LPNs, and a total of approximately 475 employees. Specialty services offered by Kona Hospital include acute inpatient medical/surgical, skilled nursing, intensive care, outpatient surgery, a 24-hour emergency room, laboratory, internal medicine, cardiology, medical oncology, radiation oncology, pediatrics, OB/GYN, urology, ENT, Opthamology, Plastic Surgery, ICU, chemotherapy, psychiatric and long-term care (HHSC 2006). Because of the limited size of the Project, it is not anticipated to add significantly to the demand for emergency or daily medical care services in the Kona area. 2.2.4 Police and Fire Protection Services The main police station for North and South Kona is located in Kealakehe. Substations for the Hawaii County Police Department and the Hawaii County Fire Department are located in Captain Cook, Kailua-Kona, and Keauhou. A 24-hour fire station is located in Kailua-Kona with -11- fire, Emergency Medical Services ("EMS"), and Rescue capabilities. A full-time fire/EMS operation is located at Keauhou and a full-time fire/EMS operation is located in the Captain Cook public office center. Twenty four-hour, on-call volunteer services are located in Kalaoa Mauka, Milolii Village and Kona Paradise Subdivision. (Hawaii General Plan, 2006) The Kailua- Kona facility provides air, land, and sea rescue as well as fire and emergency medical response services. The Captain Cook facility provides only fire and emergency medical response services. Volunteer stations at Hualalai and Kona Village supplement the County facilities. Kona's existing police and fire protection services should adequately accommodate the slight increase in anticipated demand generated by the Project. 2.2.5 Water System On February 5, 2013, Waiaha System, LLC, Waiaha System II, LLC and Kohanaiki Shores, LLC received approval from the County of Hawaii Department of Water Supply and Water Board of the Amended and Restated Agreement Regarding Development of South Waiaha Water System Agreement and Termination of Agreement Regarding Development of North Waiaha Water System ("South WWS Agreement") to develop the South Waiaha Water System. The Applicant is a member of Waiaha System, LLC, and as such, will receive water service for the Project lots from the South Waiaha Water System. 2.2.6 Drainage The Project area is located well outside any flood drainageways within the County Department of Public Works ("DPW"), FIRM map (Exhibit 9). Additionally, no natural drainage features are found on site. Because the land and soil are well drained, floods due to rainwater and surface runoff across the Property are unlikely to occur if County regulations pertaining to drainage and flood control are adhered to. The typical drainage pattern due to the topography of the area would direct storm water runoff to primarily traverse onto Hualalai Road and into the Property. The Applicant has been involved in numerous discussions with the Department of Public Works to determine the appropriate drainage mitigation measures. No storm water conveyance systems, such as culverts, inlets, catch-basins, and storm sewer lines, are present in or near the Project or would be affected in any way by the proposed Project. There is no significant storm water runoff or any major flood drainage ways found to be in or near the Project Area and the Project is located well outside of any flood zone areas. During the design phase of the Project, offsite flows will be taken into consideration and the developer shall continue to coordinate with the Department of Public Works to determine the appropriate storm water drainage facilities. As stated previously, the predominant soil type is highly permeable and allows much of the rainfall to percolate into the ground; thus on site surface runoff is negligible. The Project will increase surface runoff due from road pavements, sidewalks, driveways, and roofs which will be controlled by storm drains and drywells as part of a County approved storm drainage system. All Project generated runoff will be disposed of on site, so as not to impact makai properties. Additionally, to help mitigate drainage generated from surface runoff resulting from the mauka parcels onto Hualalai Road and then onto the Property, the Applicant is proposing a 10-foot wide "greenbelt" landscape buffer area to help mitigate drainage along the Property's boundary abutting Hualalai Road. -12- 2.2.7 Sewage System According to the Project's Sewer Report by Witcher Engineering, LLC (Witcher, 2013) (Attachment G), an 8-inch sewer connection is available to serve the Project at the north end of Paulehia Street in the adjacent Pualani Estates Subdivision south and makai of the Project. The proposed sewer flow route will start from the makai boundary of the Project into the adjacent Hu Ko Pa development, traverse south towards Paulehia Street into the Pualani Estates Subdivision, makai along Puapuaanui Street, then south on Kaanee Place, continue makai across Queen Ka'ahumanu Highway (where the pipe size increases to 12-inches) onto Kuakini Highway towards Kailua Town, where the pipe changes from a 12-inch to an 18-inch sewer line at Walua Road. The portion from Queen Ka'ahumanu Highway to the connection with the 21- inch line near the University of the Nations has been installed by the developer of the Pualani Estates Subdivision. The 12-inch line has a total line capacity of 2.34 million gallons per day ("mgd"). Of this, 1.49 mgd is either currently being utilized or reserved (for The Heights at Hualalai Subdivision, Pualani Estates Subdivision and 65-acres makai of Queen Ka'ahumanu Highway and mauka of Kuakini Highway). This leaves a total 0.85 mgd available capacity. The Project would only require 0.09 mgd of this capacity. With 0.85 mgd available capacity in the sewer system and the Project only requiring 0.09 mgd, there is adequate capacity in the existing County sewer system to service the 43-lot Project. 2.2.8 Solid Waste Disposal Homes within the Project will generate solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Pu'uanahulu, North Kona. Solid waste would be collected and disposed in compliance with all applicable Federal, State, and County rules and regulations. Because the Project will not cause a significant change in the amount and manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, no adverse impacts are expected relative to solid waste disposal. 2.2.9 Electrical, Telephone and Cable Services Electrical Power. Electrical power service would be provided by Hawaii Electric Light Company (HELCO), a privately owned utility company, via its network of overhead lines in the project area. Given the limited size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project are not anticipated to have a significant impact on the utility's ability to meet the growing demand of the area. The power lines for the proposed subdivision will connect with either the existing lines from Hualalai Road or from the adjacent Pualani Estates subdivision, and will meet HELCO's design and installation standards. Coordination with the utility's engineers well in advance of development will ensure that the provision of electrical power is integrated with planned utility system improvements in the area. Telephone and Cable Service. Hawaiian TelCom and Oceanic Time Warner Cable provide telephone and other telecommunication services to Kailua-Kona, and the rest of the island. As with electrical demand, given the limited size of the Project development and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project are not anticipated to have a significant impact on the utility's ability to meet -13- demand in the area. Telephone lines for the Project will be installed above ground from a connection from Hualalai Road. 2.2.10 Vehicular Circulation/Traffic The major roadways serving Kailua-Kona include Hawaii Belt Road, Palani Road, Kuakini Highway, Henry Street, Makalapua Drive, Kaiwi Street, and Ali'i Drive. All are directly connected with roadways serving Kailua-Kona. The Hawaii Belt Road and Queen Ka'ahumanu Highway are both State rights-of-way. Primary access for the Project would be located on Hualalai Road, with the traffic departing the Project split between 1) Hualalai Road for the northbound traffic leading to the Queen Ka'ahumanu Highway, and 2) the secondary access for southbound traffic provided at the Project's makai boundary through Parcel 42, which connects with Paulehia and Puapua'anui Streets leading to the traffic-controlled intersection at Queen Ka'ahumanu Highway at the entry to the adjacent Pualani Estates Subdivision (Exhibit 10 - Project Roadway Access Map). Consistent with the KCDP regarding interconnectivity, additional access is also planned from a future connector road stubout to the southern parcel at TMK:(3) 7-5-17:22 for the future extension of Pualena Street. Future roadway connectivity to the adjacent makai Parcel 42 and south Parcel 22 is being designed in consultation with the Department of Public Works. Short-term impacts of noise, dust and construction traffic may occur during the construction of the subdivision roads and infrastructure. No closure or rerouting of existing public traffic lanes is anticipated. A Traffic Impact Analysis Report (TIAR) prepared by Witcher Engineering LLP dated March 2013, is attached hereto as Attachment H. The report concluded that the short term impact of construction would not have a significant effect along Hualalai Road. The TIAR also concluded that the long term impacts of this relatively small Project on the Queen Ka'ahumanu Highway intersection with Hualalai Road is minimal, with no significant change in the marginal levels of service. Additionally, the levels of service at the intersections of 1) Puapua'anui Street and Queen Ka'ahumanu Highway; and 2) Hualalai Road and the Project Entrance will be "A" or "B" during the AM and PM peak hours and are thus "acceptable levels of service", in compliance with the Concurrency requirements for development of the Project of Hawaii County Code Section 25-2-46. -14- 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS AND POLICIES 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-9 (b) (Applications including lesser actions, concurrent applications) state that "Two or more applications involving the same building site or the same project requiring commission action may be considered concurrently, provided that the commission decision on each application shall be issued separately by the commission." Hawaii County Planning Commission Rule No. 13 (State Land Use Boundary Amendment), Section 13-1 (Purpose and Authority) states: `This rule governs State Land Use district boundary amendment procedures pursuant to authority conferred by Section 205-3.1 of the Hawaii Revised Statutes and Chapter 28 of the Hawaii County Code, which allow the County to amend State Land Use District boundaries for lands fifteen acres or less located in the State Land Use Urban, Rural, and Agricultural Districts." Section 13-8 (Consolidated Proceeding with Other Land Use Changes) states: "A petition for a district boundary amendment may be submitted simultaneously with other land use changes and applicable permits for consolidated review and processing, including any hearings." 3.2 HAWAII STATE PLAN Currently, the Project site is designated within the Agricultural District by the State of Hawaii Land Use Commission (Exhibit 6 - State Land District Boundary Map). To implement the Project, a district boundary amendment conforming to the State of Hawaii Land Use Commission Hawaii Administrative Rules, (Title 15, Subtitle 3, Chapter 15, Subchapter 8, Section 15-15-77(d) and Hawaii County Planning Commission Rule No. 13) would need to be approved by the Hawaii County Council. The Applicant is submitting a State Land Use Boundary Application for the 14.968 acre Property, concurrently with an application for Change of Zone. The proposed boundary amendment must conform to the Commission's standards for determining Urban District boundaries as contained within Section 15-15-18. The standards are addressed as follows: Standard One (1): It(the Urban District)shall include lands characterized by "city- like" concentrations of people, structures, streets, urban levels of services, and other related uses. Response: The Project will be a complementary extension of the Urban District recently approved Hu-Ko-Pa development makai of the Property and the Pualani Estates Subdivision, Sugar Cane Lane and Hualalai Heights Subdivisions to the south of the Property. The Project will complement these single family residential developments, which are consistent with the existing General Plan Land Use Allocation Guide Map (LUPAG) and KCDP for this area. These adjacent uses are "city-like" in concentration and the Project would expand this general characteristic. -15- Standard Two(2): It(the Urban District)shall take into consideration the following specific factors: 1. Proximity to centers of trading and employment, except where the development would generate new centers of trading and employment. Response: The Project would be integral to the trading and employment center of Kailua-Kona, which includes commercial shopping centers, residential developments, public service facilities, and several hotels. 2. Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water, transportation systems, public utilities, and police and fire protection. Response: The Project would complement the existing Pualani Estates, Sugar Cane Lane and Hualalai Heights Subdivisions and thus be an integral component of the surrounding Kailua-Kona Urban area since it is in close proximity to the necessary supporting infrastructure and public services. 3, Sufficient reserve areas for foreseeable urban growth. Response: The Project is located in an appropriate location for urban growth, as indicated on the County's General Plan and the KCDP, which designates the Project area and surrounding lands as being appropriate areas for urban expansion and residential use, respectively. The Project site is contiguous to existing urban areas and is located in proximity to major transportation corridors. Furthermore, the Project is consistent with the General Plan and KCDP, which includes reserve areas for urban growth based on a ten-year projection. Standard Three (3); It shall include lands with satisfactory topography, drainage, and reasonably free from danger of any flood, tsunami, unstable soil condition, and other adverse environmental effects. Response: Having an overall slope of less than ten percent, the topography of the Project area is well suited for urban development. The Project area is in Zone X, outside the 500-year flood zone according to the Department of Public Works, Engineering Division FIRM maps. There is no other evidence of significant natural drainage features within the site. Additionally, the U.S. Geological Survey indicates that the Project site, similar to the entire Kailua-Kona area, is located within the volcanic and seismic hazard Zone 4, indicating a relatively low exposure to volcanic and seismic hazards. Standard Four(4); Lands contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on State or County General Plan. -16- Response: The Property is contiguous to existing urban areas that are indicated for urban expansion development on the County General Plan and, therefore, merit favorable consideration over noncontiguous lands. Standard Five (5); It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth, as shown on the State and County General Plans. Response: The Project is consistent with the Hawaii State Plan which encourages actions that will promote the orderly development of residential areas sensitive to community needs and desires of families and individuals; increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing; promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas; and foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Additionally, the County General Plan designates the area for urban expansion. The site is also adjacent to the Pualani Estates, Sugar Cane Lane and Hualalai Heights single family residential subdivisions. Standard Six (6); It may include lands which do not conform to the standards in paragraphs(1)to (5): (a) When surrounded by or adjacent to existing urban development;and (b) Only when those lands represent a minor portion of this district; Response: The proposed Project complies with Paragraphs (1) to (5). Standard Seven (7); It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services. Response: As stated in the response to Standard 4, the Property is contiguous with the existing Urban area. Infrastructure lines including water, wastewater and utility facilities (electrical, telephone, and cable) are already present in the existing adjacent Pualani Estates, Sugar Cane Lane and Hualalai Heights Subdivisions and will extend to include the Project. Standard Eight(8): It may include lands with a general slope of twenty per cent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. Response: There are no lands that have a general slope of 20% or more. The Project does not require special design and construction controls as adopted by any federal, state, or county agency to protect the public -17- health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. 3.3 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COMMISSION The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes, consists of a series of long-range and comprehensive plans, goals and policies which serve as a guide for the growth and future long-range development of the State. Amendments to the State Land Use District Boundary must be consistent with these plans and policies. The goals of the Hawaii State Plan and their relationship to the Project are as follows: o Goal; A strong, viable economy characterized by stability, diversity, and growth that enable the fulfillment of the needs and expectations of Hawaii's present and future generations. o Goal; A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people. o Goal: Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Response: The Project would contribute to the attainment of the goals in the Hawaii State Plan in that increased availability of residential products to Hawaii residents would contribute to the stability, diversity and growth of the local and regional economies. More specifically, the Project would provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled. Further, the Project's proximity to existing and planned developments within the Project area would encourage a sense of community responsibility and participation in family life. 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACTSTATEMENTREGULATIONS An Environmental Impact Statement(EIS), as defined by Chapter 343, HRS and by the State Office of Environmental Quality Control, is not required for the proposed use as none of the applicable actions delineated in Chapter 343, Section 5, HRS, apply to the Project. This County Environmental Report, however, has been prepared to address the environmental and technical considerations of the Project in compliance with Section 25-2-42 of the Hawaii County (Zoning) Code. 3.5 HAWAII COUNTY GENERAL PLAN The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of -18- the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. Kailua-Kona is identified by the General Plan as a major resort and urban center and, as such, allows for basic resident and visitor-oriented development and support facilities. The current County LUPAG map shows the Property to be potentially in the Urban Expansion Area and the mauka portion in the Important Agricultural Land designation. Pursuant to Carlsmith Ball LLP's meeting with the Planning Director in early February 2010, the Planning Director determined that the boundary of the County General Plan Urban Expansion Area in the vicinity of the Project area should generally follow Hienaloli Road and Hualalai Road in the north-south direction and thus, the Kona Urban Area should also follow this same boundary. Therefore, on February 8, 2010, Carlsmith Ball LLP requested the Planning Director's interpretation of the General Plan LUPAG designation and Kona Community Development Plan ("CDP") - Kona Urban Area for the Project parcel. On February 25, 2010 (Attachment I), the Planning Director determined the Property as being entirely within the County LUPAG Urban Expansion Area and also within the Kona CDP's Kona Urban Area. As such, the Project is consistent with the County General Plan. In addition, the Project site is situated in the Kona Urban Area, an area designated for Urban use on the Official Concurrency Map of the KCDP (see Exhibit 4) and is, therefore, generally consistent with the County's long-range land use plans for the area. 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 following is a discussion of the Project's consistency with the specific goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal o Provide residents with opportunities to improve their quality of life. Discussion: The Project will provide short-term construction-related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Additionally, the Project will provide new housing opportunities for residents in a well-planned and secure neighborhood environment. Environmental Quality Goal o Maintain and, if feasible, improve the existing environmental quality of the island. Discussion: The Project will not result in any significant adverse effect on the environment. Those potential short-term adverse effects on the surrounding area associated with construction activities, such as, potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as detailed in this report. -19- Flood Control and Drainage Goals o Conserve scenic and natural resources, o Prevent damage to man-made improvements. o Reduce surface runoff and sediment runoff, Policy o All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: The Project is a low-profile development that will not affect scenic view planes in the area. The Project area is outside of any designated flood zone areas of the Department of Public Works, Engineering Division FIRM maps. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. Historic Sites Goal o Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. Discussion: An Archaeological Inventory Survey(Bulgrin and Rechtman, August 2005) (Attachment B) of the Property was submitted by Rechtman Consulting, LLC to the Department of Land and Natural Resources, Historic Preservation Division ("DLNR-HPD") on August 17, 2005. There were no burials or significant archaeological sites recommended for preservation. The Project contains six (6) previously unrecorded archaeological sites, none of which were recommended for preservation. These are historic walls which functioned as boundaries or in ranching (Sites 24533 - 24556), a ranching enclosure (Site 24557) and a terraced outcrop interpreted as a temporary habitation site in use prior to Western contact (Site 24558). The DLNR-HPD assessed all six (6) sites as significant under Criterion D for information that have yielded, or are likely to yield. Data recovery is recommended for the temporary habitation site (Site 24558) at the elevation transition from the kula to kalu 'ulu traditional agricultural planting zone. Natural Beauty Goals o Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. o Protect scenic vistas and view planes from becoming obstructed. -20- o Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty, Discussion: Scenic view planes toward the shoreline will not be obstructed by the subdivision. The Project is located approximately 2,700 feet mauka (east) of the Hawaii Belt Road and will not impede the views of motorists traveling along the State right-of-way. Notably, existing topography and vegetation shield the subdivision from the highway. The Project (approximately 7,000 feet mauka/east from the shoreline) will be visible, but indistinguishable, as part of the larger regional view of the Kailua- Kona mauka lands. Natural Resources and Shoreline Goals o Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. o Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. o Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. o Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies o The shoreline of the island of Hawaii shall be maintained for recreational, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. o The shoreline shall be protected from the encroachment of man-made improvements and structures. Discussion: The Project is located approximately 7,000 feet from the shoreline and is not anticipated to have any direct adverse impact on the shoreline resources. The overall Kailua-Kona coastline, however, does provide beneficial recreational opportunities, such as beach parks and public shoreline accesses for the general public. Housing Goals o Attain safe, sanitary and livable housing for the residents of the County of Hawaii. o Maintain a housing supply which allows a variety of choice. -21- o Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. Discussion: As stated previously, the Project is intended to replenish the existing inventory of residential lots in Kailua-Kona. This will allow the market to have a continued as well as diverse supply of quality residential units by providing a wider range of residential product from lots ranging in size from 10,000 square feet to more than 15,000 square feet. The Project will be constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities Goal o To have public utility facilities which are designed to fit into their surroundings or concealed from public view. Policies o A systematic program by the County, State and private interests shall identify sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth areas. o All water systems shall be designed and built to Department of Water Supply standards. o Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new urban areas to place utilities underground. o Private wastewater treatment systems shall be installed by land developers for major resort and other developments along shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements Discussion: The electrical power service would be provided by HELCO via its network of overhead lines in the Project area. Telephone lines and other telecommunication services will be provided by Hawaiian TelCom and/or Oceanic Time Warner Cable and installed above ground from a connection to Hualalai Road. Water and sewer utilities will be installed underground and constructed in accordance with State and County design standards and requirements. Wastewater treatment shall be in accordance with the requirements of the State Department of Health. Recreation Goals o Provide a wide variety of recreational opportunities for the residents and visitors of the County. -22- o Maintain the natural beauty of recreation areas. o Provide a diversity of environments for active and passive pursuits. Policy o Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. Discussion: The Project does not contain any recreational facilities, due to the small size of the development, and the Project's location far from the shoreline will not negatively impact public access to the shoreline. However, the Kailua-Kona area and coastline offers recreational opportunities such as boating, swimming and beach activities that are available to guests, visitors and Hawaii Island residents. The County's 6.835-acre William Charles Lunalilo Playground Park located within the Pualani Estates Subdivision is the nearest recreational facility. All of the recreational facilities within Kailua-Kona have been developed to maintain the natural beauty of the area. Land Use Goals o To maximize choices of single-family residential lots and/or housing for residents of the County. o To provide single-family residential areas conveniently located to public and private services, shopping, other community activities and convenient acress to employment centers. Discussion: The Project is one of several residential projects that will help to replenish the existing inventory of house lots in the Kailua-Kona area, thus providing a continued choice of residential units in the area. The approved Pualani Estates Subdivision is zoned RS-7.5, with lot sizes ranging between 6,000 and 7,500 square feet. The Sugar Cane Lane Subdivision is zoned RS-15 and consists of 15,000 square feet up to 20,000 square feet lots. The Project is requesting RS-15 zoning and will consist of lots with a minimum of 10,000 square feet to 15,000 square feet or more in size. These developments will form a quality residential community located within an area served by public and private services, shopping centers, and community facilities. 3.6 COUNTY ZONING The Hawaii County Zoning Map for the North Kona District designates the Project site as Agricultural 5-acre (A-5a) (Exhibit 7 -County Zoning Map). A Change of Zone from Agricultural 5-acre (A-5a) to Single Family Residential - 15,000 square feet (RS-15) is requested to allow the development of approximately 43 residential lots. -23- 3.7 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 Miloli'i. The KCDP will deal with all the elements included in the General Plan such as the economy, energy, environmental quality, flooding and other natural hazards, historic sites, natural beauty, natural resources and shoreline, housing, public facilities, recreation, transportation, and land use. 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 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 8. Economic Development These elements generally correspond with the thirteen elements of the County of Hawaii General Plan (GP) except that five elements of the GP have been combined in two of the Kona CDP elements. Specifically, the Kona CDP element for Public Facilities, Infrastructure and Services combines the GP elements for Public Facilities, Public Utilities and Recreation; and the Kona CDP element for Environmental Resources combines the GP elements for Environmental Quality, Flooding, and Other Natural Hazards, Natural Beauty and Natural Resources and Shoreline. The GP element for Historic Sites is referred to in the Kona CDP as Cultural Resources and the GP element for Economic is referred to as Economic Development. -24- 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). The Property is considered an infill development located adjacent to the Kahului- Puapuaa Village Neighborhood Transit Oriented Development and is designated for Urban use on the Official Land Use Map of the KCDP. The Property is presently designated for Urban Expansion on the Land Use Pattern Allocation Guide (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. Most relevant to the Hualalai Partners of Kona, LLC Project are the following Guiding Principles and Policies of the Kona CDP. 1. Protect Kona's natural resources and culture, la. Natural resources. The watershed, including coastline, flood plains, important agricultural land, open space, and areas mauka of Mamalahoa Highway shall be protected. Guided by a principle of respect for the land, environment and natural resources shall be preserved and protected to ensure clear air and water, thriving native species, conservation of shorelines and open space, improvements in watershed management and flood control, and reductions in solid waste. Discussion: • The Project will be set back approximately 7,000 feet from the shoreline. • Hualalai Partners of Kona, LLC would mitigate risks to noise, air, and water quality by preparing and implementing a dust control plan. • Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. • A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. lb. Culture. Multi-ethnic culture is preserved, protected, and restored in a manner that perpetuates all aspects of the aloha spirit. 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. 2. Provide connectivity and transportation choices. Future growth should connect communities with movement alternatives such as sidewalks, trails, and bike lanes. We need an efficient public transportation system for moving people. -25- It should have comfortable and frequent service to key destinations, along prominent commuter routes, and at transfer points that offer connections to alternative modes of transportation. Discussion: • Primary access for the Project would be located on Hualalai Road, with the traffic departing the Project split between 1) Hualalai Road for the northbound traffic leading to the Queen Ka'ahumanu Highway, and 2) the secondary access for south bound traffic provided at the Project's makai boundary through Parcel 42, which connects with Paulehia and Puapua'anui Streets leading to the traffic-controlled intersection at Queen Ka'ahumanu Highway at the entry to the adjacent Pualani Estates Subdivision. Additional access to the south is also planned from a future connector road stub out at the Property's south boundary for eventual connection to Pualena Street within the south Parcel 22. • Situated south of Hualalai Road and approximately 2,400 feet mauka of Queen Ka'ahumanu Highway, the Project has direct or easy access to pedestrian sidewalks and pedestrian/bike pathways to nearby parks, shopping malls, grocery stores, restaurants, shoreline, and mixed-use areas promoting pedestrian activity, thus reducing the number of car trips for area residents. • The proposed Project will be ungated, thus allowing the new roadways within the proposed subdivision to service the local transportation network. The Applicant proposes to dedicate the connector roads within the Project to the County of Hawaii. 5 Direct future growth patterns toward compact villages, preserving Kona's rural, diverse, and historical character. Discussion: • The Project offers the advantage of being adjacent to existing infrastructure and supportive public facilities as it is located adjacent to the recently approved Hu-Ko-Pa (Parcel 42) residential development, Pualani Estates Subdivision, Sugar Cane Lane and Hualalai Heights subdivisions. • The Project master plan was prepared only after study and consideration of the environmental and cultural resources of the site. • Development of the Project will be consistent with the existing single family residential subdivisions in order to complement the development in the area. 8. Promote effective governance An effective and accountable regional government structure that improves the quality of life for Kona residents should manage the impacts of growth and meet the needs of the Kona community by encouraging cooperation among public, private, and civic partners, ensuring equitable distribution of resources, and instituting policies and regulations in a predictable and consistent manner. -26- Discussion: • The Project is committed to working with the Kona community, a regional government structure, as well as the County. • The Project is committed to consulting with a number of individuals and groups with knowledge of the cultural resources in the area. In summary, the proposed Hualalai Partners of Kona, LLC 43-lot subdivision is consistent with the vision, guiding principles, and policies of the KCDP. The proposed Project is consistent with the State Land Use Urban District and County RS-15 zoning classification being sought. 3.8 SPECIAL MANAGEMENT AREA The Property is not within the County's Special Management Area (SMA). 3.9 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA) State CZMA - Pursuant to HRS, Chapter 205-2, like the rest of the Big Island, the property is situated within the State's Coastal Zone Management Area (CZMA). The Project is located approximately 7,000 feet mauka (east) of the shoreline and will not impede the views of the shoreline by motorists traveling along the State right-of-ways. Notably, existing topography and vegetation shield the Project from the highway. The Project may be visible from the shoreline, but indistinguishable as part of the larger regional view of the Kailua-Kona mauka lands. The Project is not anticipated to have any direct adverse impact on the shoreline resources. The Project site is currently vacant and is occasionally used for grazing. Kailua- Kona is the urban center for West Hawaii and contains several hotels, multi-family and single family residential projects, several commercial shopping centers and Federal, State and County public facilities. The Project subdivision is consistent with the existing and proposed uses within the Kailua-Kona urban center and Resort area, and has been planned in a manner so as to complement the adjacent land uses. In addition, the General Plan and the KCDP identify no recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources related to the Property, and there are no such resources on the Project or within the surrounding areas that would adversely affect the objectives and policies of the CZMA. The Project is also not part of any ongoing County or State CZM programs for this particular area. Therefore, the proposed Project is consistent with the CZMA objectives and policies of HRS Chapter 205-2. -27- 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Development of the Project site will alter the open space character of the Property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Project will not result in any substantial short-term or long-term adverse impacts to the environment. While development of the Property will remove the land from potential pasture use, the agricultural productivity of the site is relatively low and there is an abundance of other lands available in the region that are better suited for such use. Developing the Property for the intended residential use will provide the benefit of enlarging the inventory of residential lands to this growing area. The Project will be supported by the necessary public facilities and services, and development would proceed in a manner that is in compliance with the long-range State, County and community plans for the region. Development of the Project will also result in socio-economic benefits to the community. The construction work associated with the Project will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost of the minimal expansion in the need for public services necessitated as a result of the Project. 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from development of the Project are minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or eliminating impacts and which have already been institutionalized through County, State or Federal regulations, codes, laws and ordinances. Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality impacts. Generic mitigation measures are standard, accepted means that are appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-term impacts, or those for which some form of monitoring or compensation for the environmental impact are required. In terms of the Project, the specific and generic mitigation measures that are recommended include: o limiting construction activities to daytime hours o adherence to all Federal, State, and County laws, ordinances, rules and regulations relating to environmental protection, health, safety, and construction o early construction of drainage features, where needed, such as berms o timely stabilization of any denuded areas through sodding or planting -28- o application of fertilizers or biocides to landscaped areas only during periods of low rainfall to minimize chemical runoff o covering of open vehicles carrying soils,gravel, or other particulate matter o controlling dust by watering exposed areas and through the use of proper stockpiling procedures o protection and preservation of archaeological and historical resources in accordance with appropriate State and County laws, ordinances, rules and regulations 4.3 ALTERNATIVES TO THE PROJECT An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. No Action Alternative. The "no action" alternative will result in no physical change to the Property and leave it in its current unused use. The agriculturally unproductive soils of the land will remain unaltered and unimproved. This alternative will not allow the objectives of the subdivision to be achieved and would deny the public the socio-economic benefits associated with the Project. There is a growing demand for single family residential lots for sale in the Kailua-Kona area and under the "no action" alternative, the additional lots that would be provided through the Project will not be available. No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. Alternative Use. The current zoning for the property is Agriculture (A-5a). The Project site, based on its isolation, limited size and soil characteristics is not well suited for agricultural use. As described earlier, soil studies indicate that commercial agriculture on the Project site would not be economically feasible. Any alternate use of the Project site other than the proposed single family residential subdivision (e.g. agricultural subdivision into two 5+ acre lots) would not be compatible with the General Plan and the KCDP. The Project site is located near or adjacent to the existing Sugar Cane Lane and Hualalai Heights single family residential subdivisions and north of the Pualani Estates single family residential subdivision. In addition, the vacant land adjoining the parcel is also designated for residential uses by the Hawaii County General Plan and the KCDP. Finally, retaining the Project area for agricultural use would deny the public the socio-economic benefits associated with the Project. Alternative Locations. There are other vacant or non-committed sites in Kailua-Kona that have the same favorable site characteristics for residential development as the Project. However, the location of the Project near or adjacent to the Sugar Cane Lane and Hualalai Heights single family residential subdivisions and north of the Pualani Estates single family residential subdivision would complement the proposed residential development pattern in the area. Infrastructure to serve the Property is already in place to the Project boundary. -29- 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The Project would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the Project homes and roadways would be constructed, as well as the private funds, construction materials and manpower that will be expended in development of the land. They also include the energy, water resources, and other utility resources that will be committed to development of the Project. Existing vegetation will be removed from the Project area and partially replaced with typical landscape plants. The impacts of using these resources should be weighed against the expected socioeconomic benefits to be derived from the Project and the consequences of taking no action, or adopting another less beneficial use of the Property. -30- 5.0 AGENCIES CONTACTED County o Planning Department o Planning Department-Kona Design Center o Department of Parks and Recreation o Department of Public Works o Department of Water Supply State o Department of Land and Natural Resources, Land Management Division o DLNR, State Historic Preservation Division o Department of Health Private o Hawaii Electric Light Co., Inc, (Kona Engineering Department) o Hawaii TelCom(Kona Engineering Department) 4827-2851-2531.4 -31- EXHIBITS <h N N LL LL LL LL -f LL LL LL LL LC/Li LL L.0 LL Ili LL LL W W LL W LL TTN L W H pN Npp Nppp NNp Np N N N N N N N N N N N N N -g L 1. 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Tax Key Map:(3) 7-5-017:043 1 \ e/a I fir Hualalai Partners of Kona, LLC State Land Use Boundary Amendment 'I --'---'• • .4 , -.0..1.,-r-i--„. ..,t.1^-z. ! ,:i E ki-•it-t';;. ,'' .!', •t!!tr ! stT.'••.1 ".1i . ---;-an.,,4!:1-r;',-..7.-:. ^ &Change of Zone Applications 2 4 g -P4',- 4 ......e+tS. ..w.+e+P+++ �•+•+� •+•••.•+ •• e+••+e+•++�+• 1 '^" •s•+•+•+P•••++ ••••+PO P+e •••••• . •.••ePe • . + 1..P l.....PP Pb..eP . . .• +.+.%.••. •+i+e•❖•. ••••••• •.. •••s. •• ••••1a• eV••••••d "+ • PA- • P +.P •P ++ +•P .++ e•.•P•+•P+e t.••+••••• • ++ G+••• +••• r F+P •••••••• •.•w • i•i•.••i•• • • ••+••••+••••t• •.+• 1 •4 ,�••+• • P + +Po •• isi+ii�°+iP iPiP• + iP+' i++iPi i• ` e++ l• M •• i Puaa-Waiaha Village Neighborhood Transit Oriented Development (Kona Urban Area) Pro -ct Site (Kona Rural Town TOD) n Kahului-Puapuaa Village Neighborhood Transit Oriented Development EXHIBIT 4 Kona CDP - Official Land Use Map Hualalai Partners of Kona, LLC State Land Use District Boundary Amendment& a„: Change of Zone Applications /, �z2 PSG ( K6p,0\- P \PON �� \NP�P v o P\' O ' M �� m Q v AP�PN\P�\s,, r c;-' v P\• `A KPWENAST oNPpC? ��� a �1 X ' P O\. K WATER PIPE RU L :‘q:': KINI LOOP s 7y V VV UPOR i .- I ;. KAAEAWA\( m -+, -\' HENE ST ' P. \ r 00, W NP -,\ \ ONEAA 1 1 WEHILANI DR , S� KU\-P \ \ tiG NPk.�\�-P A C9�/ PUTA RD moo, S -, O O, 4/,-1 .- ( w o "Po x NPST PvENP \0N\ST &/YO O xi zOy PU\ERO p -IA VN P G Projec L ti` t\\ Hu-Ko-Pa Site ,KAPONO PL (Parcel 42) v 0 I(Parcel 22)I Al l.4 ? Su gar u gar Can e la C. ne I PU PV�NU/ST Z v m D HL4/ i G, ,, r ualaat_/p i j S (lualani r r' Heights 2=t O ft O ....,3Istaaes < D r , . i -. 1\-o. r y y m •29 y o \ ClR P OLU A 7 r0 WALUA RD p U) �Nkv y �-f- � kU l OR � 9` q � -7 -S- ti S X 92 919 �J 0 �O 9G `A�PP -7 <q�\P � � F� o �0 k/N °,_9), r 0 -10 ST � Q� P� P\ 1-- G. 0' �Pm C- A- � o --P A G\' -o r > -1----� PO\ " c A 0Pv0 5� 7 �O - �P P �� �p O�0<i 2(o �G } WIKOLIAST Nj, �,fl+ y NP �9 F- y r11. 1 7 Z Z cn HEENALU RD t N S� Q Q EXHIBIT 5 Regional Location Map Hualalai Partners of Kona, LLC State Land Use District Boundary Amendment &Change of Zone Applications Nom; , ,, \ \ ___\..,>\ \ \ \ ,21,\,-11.0 , 21_,,___,.--,---1 `1,-,, ss, --°N10 --i i . i N'\.„,\ 2-\ -\ i _,L_----__i {II T- ii if I,-v,\\ %..__ ____i_Pli, ______c,-----1- ---1-- I i \ \\ ,____I _ ! I , 04, ul°-e - 114111111, I \ o I I • 1 t • 2 —'\_—i ..._---,--...--' .- \ ..\\ / � PROJECT SITE 1 i (Agricultural) r1 --- �� (Urban) / AKAPONb PL 1 __\ _ T � t:t,----41/ i---8 _. * ' ,„-' / y"5,�.� ^ r � � I �� — "� .-r' � °j � �' l t 1 t ry l � 0( 1 T l `A, A `1 ° 4 t 7 (Rural ), � � v p 0.1„.s.**4111j4-47.. -) i__r_H----fk4-: , 1 ' -- \k �, �� �K q .t.,_r �- I hri__-__\ , ----1 \-\-- _\,, / ..,---3- f orii.: t-_ sk,s � - - „, „N ,.. \ .,..<„, _. ... ...:)\ .m� ,� �- / Z Y h y '- - -- EXHIBIT 6 ,7\ ,� .,. ' ' // State Land Use District Boundary Map macA - y •� �. l �. // / Hualalai Partners of Kona, LLC v\ \ 3-''' %7 State Land Use Boundary Amendment & %\\V--- - 7— / / Change of Zone Applications __--- A-1 --- - ---\------ T aL . _____ - - ------ ° a 11111.11 --R- - - al___ } A-5a 1 1 1 , A-5a -- __----11 1-1%4P'-'' - -1------ ___ ----- ■_—___—_ i .7.___ ___---- 1 t--- - ' 1 --1 __----- I ______----/--- _-_-------_ -----_-- __------ ,-- / \A1/-p____.• ri- A-la i I pi ___-- 1 ! \-... I . - 47"- -- -\ \\*• A_-1 a \\ \\\\- PROJECT SITE 1 ‘ _ .. ---- , 'S _ RS-1 0 A-5a \ AKAPOI•AD PL \ / \ ..---- A-5a \, \ 1 *11*(14 L-- ----E7-'-"c- r- Wilk* 111. 0 , \ _ ., ,,_ air ,_ ...4 :41 _1 • Awe -----s ,-- -_. .-, , --- W. ; -t--\ Ir – .,- .- —1 — ---11 ,..- Rol, --11:147_ .. 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ATTACHMENT C-1 LAURA H.THIELEN CHAIRPERSON LINGLE •<<' BOARD OF LAND RESOURCES GOVERNOR OF HAWAII ;R \D 59 7 COMMISSION ON WATER RESOURCE MANAGEMENT • V'"�4 RUSSELL Y.TYUJI ,,5 FIRST DEPUTY d$ [r KEN C.KAWARARA WATER �� DEPUTY DIRECTOR•W'ATE AQUATIC.RESOURCES 41 PORTING AND OCEAN RECREATION ^"AMA BUREAU OF CONVEYANCES COMMISSION ON WAl ER RESOURCE MANAGEMENT CONSERVATION AND RESOURCES STATE OF HAWAII ENGINEERING 44tBONTIV D DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY RE WMLON HISTORIC PRESERVATION KAI{pOLA WE ISLAND RESERVE COMMISSION LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS 601 KAMOKILA BOULEVARD,ROOM 555 KAPOLEI,HAWAII 96707 November 30,2009 Robert B.Rechtman,Ph.D. LOG NO:2009.2468 Rechtman Consulting,LLC DOC NO: 0911 TD26 507-A East Lanikaula Street Hilo,}Hawai`i 96720 Dear Dr.Rechtman: Subject: Chapter 6E-42 Historic Preservation Review— Archaeological Data Recovery Report for SIHP Sites 24558 and 24562 Kahului 2""Ahupua'a,North Kona District,Island of Hawai'i TMK: (3)7-5-17:42 and 43 Thank you for submitted the revised report entitled Archaeological Data Recovery of SIHP Sites 24558 and 24562, TMK: 3-7-5-017: 042 & -43, Kahului 2"d Ahupua'a, North Kona District, Island of Hawaii, RC-0532 (L.A. Hauani'o, J.H.N. Loubser and R.B. Rechtman, June 2009). We received this submittal June 23,2009 and we apologize for the delay in returning our comments. The data recovery work follows inventory surveys of each parcel, conducted in 2005. A total of 12 historic properties were identified on the two parcels. Ten of the sites were determined to require no additional mitigation,and two(Sites 24558 and 24562)were determined to warrant mitigation in the form of data recovery. Both of the data recovery sites are modified outcrops believed to represent Pre-Contact planting, staging and processing activities, based on the findings presented in this report. The data recovery fieldwork was conducted in accordance with a data recovery plan(Loubser and Rechtman 2008) that was approved by our office in July 2008(Log No.2008.1520,Doc No. 0807MD78). A total of 13 units were excavated at the two sites(two at Site 24558 and 11 at Site 24562),in addition to the 5 test units excavated during the inventory survey. Profiles,photographs and recovered materials are presented for each unit. Four dating samples collected from three excavation units at Site 24562 were submitted for age determination analysis;all samples showed a relatively contemporaneous time frame of circa AD 1660-1960 for Site 24562 Feature A. Our previous questions as found in Log 2009.0788, Doc 0906TD03 are addressed in the revised report. The report is approved, pursuant to Hawaii Administrative Rule §13-278. Please send one hardcopy of the document, clearly marked FINAL, along with a copy of this review letter and a text-searchable PDF version on CD to the Kapolei SHPD office, attention of"SHPD Library". If you have any questions, please contact Theresa Donham at(808)-933-7653. Aloha, ZGZrLf / "4/(642., Nancy McMahon,Deputy SHPO/State Archaeologist and Historic Preservation Manager Historic Preservation Division '6 ATTACHMENT D ut N 00 vt o0 vi N N 01 -.N N 00 00 N N 00 00 00 N vNd G L x x aG D ae . E 2 2 d 4444 r- N a a a a �]I o N cti N.... W 00 01 7 00 ON v1 'a' '0 V1 00 N 0 N M M O N A vi h 7 M — N K a N 00 M on so 0, M 0 b t` V N N oo -.oo t` oo rt M h N N N N N N --• N '--. N ;? c. — N g 1 A to 7 Z N V NV N N O 2 O M T 000 0'1 N N 7 ,s0 '0 NI 01 N 2O V W A C 00 .'00 N N 0 M V -• N N N -- N X W o 1,.x ,.)▪ 1 N b Oo � g x N a 3 2 wv 8 ►a mosa us 0 en U a �Q a a a a- U. 0, ..1 1 0 u o C0 c �� O a'i) 1 1 W . o? 1U) -7 0 )° r �, a a M ti a) 6Ui V G X v qe V' o d ' % O I a , E to fn w to U o y. a O 61 9 AV, E V 0 c 3 ov.w o o s a. g 3 cat k.F .a c 0 I d a `00 a 03 ,o I I U o I , 0 9 °�i : W"S 3 aW oQ q� tl wOw aniy W Sap° O a)0 ,g` 0 0 �I NI to o a at Y a O•3N C N �tl a)N 0 7 a 0 r ea r, 333333 Ux .°.a4444444xAe .1 > 333 ( 1O vi, N 00 '0 V1 01 10 N v101 00 ,0N 10 N v1 N 00 vt N 00'0 '0 01 04 00 V1 N 00 N V1 ,O O, so N r d dr. 47. u a) d a4 d w d f a) o as , . �o a a a 0.aa d 0,0 ci 1D 10 00 'O M O M ,0 T 7 N b 00 N N V' N 7 N r O V 7 00 N O V N V M N O 01 A N O N M N 10 N 1D 00 b M N O 00 M U t` ts, s oo 7 r 0o N so 00 10 O M NI Vl M M o- so .N 00 V •-• N e{ <r V) M 1p --.10 M M h N -• N 00 v1 O V N M 10 V• N -, 01 N V1 V) '7 N R 10 dV -. .--1 .-, g _ O N C7 -•1 N A e Z V- E O 00 N N N M WI 1D ut 10 0 M M O\ 00 N 1O v1 01 M vt N N T v1 vt v1 10 N 10 10 O\ M M .-. N N M F N E 00 00 O as sn 10 t` ,0 V. N D\m ,D N t` 00 O 10 sr v1 10 O 01 10 00 00 N M,p M V ,O Z G C b R N C 7 v1 -- M ,O 10 N M v1 N -- N O, ,O 0 N M ,D M N N v1 00 v1 N v1 7 N 1D Q W C N N CD N W U ( "yJ 0 r �G c to'..7 a) 0 5 as ^' Po .0 C E C 00i 7a A' G 0 � :? 0 a o Es W a c d00x E .. k« F L%7 0 43 W v x — 0 E m-0 0 0 Ls co W E t r F O a 0 's `g'C to C) a) a) a) w 1) C y Cy C "1 y 59 O R 0 00 a0+.a 0 C`ta`ea C'ro W.m. C m W x •� 0001 .. . . . 0 W `�'�" N m O N r o W x d > °'x 5 0�a 0 0 o ax)-" "a•o x E° 0 aw ,'a-'�g''g`ae v 3a 3 ,) Ti. ;a ai.. y TV)-ta 0 0 O? a a a O.L ,tl I.P.i7 1 ae . tpo.���aa l..r 7E a.t t C C ✓ 1.`' o 0 )`i0 = �' 10 10 O 0 0 to t'� '0 a) a) N a) N a) 0 0 O O O O 1� at µ'=a l p Oxxx � xxxxxa444xa44444ae44 4444aese 4G44 a444444444 41 Zaaoc ATTACHMENT D- 1 Table 3.4-- PRIVATE SCHOOLS, ENROLLMENT AND GRADES, HAWAII DISTRICT: 2009 TO 2012 Enrollment 1/ School Grades 2009 2010 2011 2012 2012 Grand total 3,639 3,457 3,417 3,488 Christian Liberty 288 288 288 280 PreK-12 E Make ala 76 83 83 74 PreK-4 Haiti Christian 249 167 168 175 PreK-8 Hawaii Montessori -Kamuela 60 46 54 54 PreK Hawaii Montessori -Kona 76 60 60 60 PreK Hawaii Preparatory Academy 570 606 573 606 K-12 Hualalai Academy 169 135 142 148 K-12 Kamehameha Schools-East HI 1,120 1,120 1,120 1,120 K-12 Kohala Mission School 29 23 23 23 K-8 Kona Adventist 24 27 27 30 K-8 Kona Christian Academy 153 121 109 109 K-7 Makna Lani Christian 111 85 89 89 8-12 Malamalama Waldorf 96 97 97 107 PreK-8 ( Mauna Loa 21 20 20 48 PreK-8 Parker 250 246 246 250 K-12 St. Joseph School 315 294 276 262 PreK-12 Waimea Country School 32 39 42 53 K-6 1/Includes students in regular,special education and pre-K classes. Source:Hawaii Council of Private Schools,Private School Enrollment Report(Annual). ATTACHMENT E —.. . . . - - • • --, - --- -- - ..'t,1sA..-'---' • 0' EN A.. CO =. et r4 N en — 2 4 N ..: 00 z ea C..4 e, 0 ch cr C. re,0 Tt E1 C4 rn 1...--41 E.rn C)4,1 er•rI 0 0 Ar.--e., 0,' '4' 0 .=, v, -.,..... ,1,0-......- a, .4. --ri-.,-,r ,..1 ..-. .0 ,A.r4 N •-+ ■ 4 .. .S. •'t z cr-- u■ Z"6' tt, o c, -.. :0- ,. if ..t 0 VC 0 ■- .0 03 —el --0 -- .0 01,v, 0 C.,C r-..4)fn .0 L3 N r^A 2 > le, 00., WI N --A r-en -- ,t(-A we -0 .- N y... - = r U Q"41 .2 .0 ^7 Z Q im a. 0.1 Z j..1 i•-■ ir, e ri - ,.. TA 5.z;A CL t '0 0 ,..--- " :i i tz el C js, .{.} .0 g .- n rr, . m .:w :. - -< . . ...44 1 ..s.rea • — .5——P PO .t,a1 g . 7, rot ra.4.0.- F....E ‘E I ( — c Crs 44 .. aa 00-a-r- CS N 00 C) C1 N CT ,r if..-.Cl,Ti.—r---C4 00 AN r- —0. —t4 r•-.n,C. 41..T.' rl-- C1 .1 el on —-, ,n o.- .0.44- --r-•Y. w.,--, --— 14 2 44 fl,.•-• -.. *a' Z ,r, .... w .. Z.,.? . = e in c. =, --4)-- 40 00 NO o0 00 on.-00 r, Cr ...00 -. .4. 0 ND De,D 0 r, -.4, 0 0 r, Tt . Tt IR 1,,V=2 17,4.'=a N ■ A '"4 1 24 4)r:Cl V,"1 gg 4 z;;;g4 4, gg gl;1 0 NI N -: 0 Z =, W. 7 0 iii 7.; " 4'1! 1 ti;g II 74,S4 CO 7„'47;4.P.4$.A CC if PI g?, 00 til N 7, ;1 7 g!1 8 g '.'-,' 6- 51.A -.. .. . 0. ,*..r. .•-i V ,-7 14 c i -- •-• .. el— et -- —, TO. ....■ el -t ——00 Ti 11 r4---- .. N Z r --, •...' ..t."' t.i aa c C EN .1:v., vt C' .- ,t.-.Tr vS '000 ct '?CI.%o, 00 N 0C' .00' 4) 4t r. .0".CO 71 C' 00 Cl<3 4) 0 u•...t.3 .2 -- ,r CD til , • ■1 1 . . 0,al 0 0 w .2 *. ..., C a . .it. z z . = P c„, .F. :-, .2 ..= 44 = = ,C =... 0. irs a O. . 2" ,...tea .c = -ct a — tea w c e a = 0 e — A .4 .... AP 0 3 ic tol C! OO r,„) v TA 1 1 .4" ar, c{ M Is m a t, g = ,- 'a %-,... 8 = ..% .0 .= = .t . . >,.., .3 kt ra 8 = k... A 4 1 a . .-.--.. ,a Ts'2 — ... o .- '4 Lf r.....1 ' " . :r. a C..i = =.a, i" .... p = •,, a aP =-- '.3 4, .....""'t ...,r•-•• -%=.* = ..* *to-6 "?.,P-g 2,2 c 5 =-2 g 1 .:-.: • . '.,..' i • . '- ..1 r, CI r... .1. 0 •., •7 43 0 0 =n •-•-,1-m c, -7 ti 40 .7 0 00 r-0, 40 C> f4 XI f4 fl-X c ._,-.Tr --C4 r-r4 -.D N i --v--, m ,.... LO 1= = Z n't fs.1 cc a..o. Q aro to = e 41 a, r; z < I f.`. s.c A` _-. z t- 0,..,z ig. 7 it, .. E 1 a ;.s.t.d 11111111111011111 F.is —— 0 -, Z< E•E 'F.'+'Z,I 11111111111111 iiiiiiiiill S- r2.— •=5- 0 cd.04i 0 6< 12 0 1111111111111111111 e-I E 2 r, 8 0 IQ 04 1.4 si a, z z = ...6.* -e. -,w u Al 0 au a 0 g 0 a V. t '0 2' ;a 1 F13 Ti z Iti c 0 = .v..cc = 70 ; .E E = — =w-a 0 a . ..4 1 3 6 19: le se: a. * 't :3 (. .. I- F. 0) f4 CA is, - Ar, 04■•■r4 .... > .I. 43,,, VI .1, ,.., .... '..■ 0 I' . .- 4,.. .4,.,.. 14 .0 Z Cal 11 C.) ..r. z ti C. —4-4 CA r. .1s.N to —N No CC—,—N- -4. N w,,r, th F--a v, -4-.--, N t-,r- ,C Colf Zr- eP (4 vA ,r 0 rs '7 CA ,r r4=,t" ..,n 01 Z -a 0,r4 e,CA ps m ,AA 0, 0)rs1-- -1" rl :0 00 00 ... •-• 0 Z c ocT' ...X . CO 0 if, i:;; -, 0. un A,c ,t-r ri 0 P- 00 0 110 m CA srs r4-■-00 CA r-c- r- 0 ei fi 4,-.-.r- -■0, s0 r- r- g 00 ,O. ■lli ■ - .0., N ,n-, V) ■. p4-. rrs, ...0 ...00•■..01.00 0 00 10 fl.- Z 4 2 Vi f4 m..1.. . ;:.::c, 0 ..0. 4 ."' 4 c)E A 0 c It N .1. ,, ,- „r- ao rn r- as' r4 s4A-r r- r4 r-s .1. r4 0/0.4 Z. r4 --` CA -,.'•• r- 0 0s N. M r4 r4 ^ - V: 01 r-, w) ' .-4.. .-■ 01.,.., Vi ...,4'7.4■-■4 W. Cs.rs, - ,r t-- er.,es .-1 r4 l':: .; NI .. r4 ....■Ow 0.0 0 W S = .1. E.< 2 2 it 1 1 4g 0 .4 C a "E "" 2 t — :.- - "ti • i.'4. •t.; 2 E.' I :+- a 2 2 at 4 .1.1 2 0 ;.- 't5 Le . *L. a..:4' '; -- ev , 01 . = I a , 1 ,--, ....' t g A ,L m E•Ad:.;il mr 40 0'.—.0 J2,... *13 0 0 —` V 0= 0 Z 't ■ , . . . ,- . - ATTACHMENT F Table 1.6a--PROJECTION OF RESIDENT POPULATION BY DISTRICT, HAWAII COUNTY: 2000 TO 2020(SERIES B) District 2000 2005 2010 2015 2020 Total 148,677 159,907 176,938 195,965 217,718 Puna 31,335 36,351 42,591 49,801 58,246 South Hilo 47,386 46,273 47,477 48,614 49,791 North Hilo 1,720 1,643 1,720 1,798 1,879 Hamalcua 6,108 6,196 6,561 6,933 7,328 North Kohala 6,038 6,622 7,917 9,446 11,273 South Kohala 13,131 15,659 18,184 21,072 24,426 North Kona 28,543 30,467 34,024 37,922 42,275 South Kona 8,589 10,253 11,414 12,681 14,092 Ka`u 5,827 6,443 7,050 7,698 8,408 Source:Hawaii County.County of Hawaii General Plan 2005(Amended December 2006 by Ord.No.06-153). Website:http://www.co.bawaii.hi.ns/la/gp/toc.htmi ATTACHMENT G SEWER REPORT PARCEL 43 KAHULUI, NORTH KONA, HAWAII TMK (3)7-5-017:043 MARCH,2013 PREPARED FOR $UALALAI PARTNERS OF KONA,LLC ccG� w�TCyfi a LICENSED PROFESSIONAL ENGINEER * LIC. EXP.4/30/' * NO. �j PREPARED BY HITCHER ENGINEERING LLP P.O.Box 348 HOLUALOA,HI 96725 (808)334-0322 TABLE OF CONTENTS PARCEL 43 SEWER REPORT NORTH KONA, HAWAII TMK (3)7-5-017:043 I. Project Description 1 II. Project Location 1 III. Topography 1 IV. Population 1 V. Field Survey 1 A. Existing Facilities 1 B. Industrial Waste 2 C. Soil Investigation 2 D. Flooding 2 E. Permits and Clearances 2 F. Extent 2 G. Downstream Facilities and Capacities 2 H. Basis of Design 3 VI. Conclusion 3 APPENDIX A. Maps A-1 Location Map A-2 TMK Map Showing Existing Sewer Line SEWER REPORT PARCEL 43 NORTH KONA, HI TMK(3)7-5-017:043 REVISED, MARCH, 2013 I. PROJECT DESCRIPTION The purpose for this report is to quantify the amount of flow which can be expected from the proposed subdivision of Lot E located makai of Hualalai Road and adjacent to the Pualani Subdivision. In addition, the downstream capacity will be examined. II. PROJECT LOCATION The project lies makai of Hualalai Road,north and mauka of Pualani Subdivision and mauka of the proposed Hu-Ko-Pa project. It is situated between the 440 ft and 680 ft elevation and is within the Ahupua'a, Kahului. Wastewater flow will be routed through the Hu-Ko-Pa project and Pualani Estates Subdivision. III. TOPOGRAPHY The topography of the area is steep,with slopes of 10%to 20%and slopes downward from Hualalai Road. IV. POPULATION The area at this time is essentially vacant. When built out,the project will be approximately 43 single-family homes giving an estimated population of 172, using the City and County of Honolulu criteria. V. FIELD SURVEY A. Existing Facilities There are no existing sewer facilities to the site. However, at the end of Paulehia Street in the Pualani Subdivision, there is an 8" sewer connection available. The proposed routing of flow from this project will traverse south through the Hu-Ko-Pa project and through Paulehia Street within Pualani Estates Subdivision, continue makai along Puapuaanui Street within the Pualani Estates Subdivision,then south on Kaanee Place,then makai across Kaahumanu Highway where the pipe size becomes Page 1 of 3 12", intersecting with Kuakini Highway, and continuing north on Kuakini Highway towards Kailua Town where the pipe changes from a 12" to a 18" line at Walua Road. The portion from Queen Ka'ahumanu Highway to the connection with the 21" line near the University of the Nations has been installed by Pualani Estates Subdivision. B. Industrial Waste There is no industrial waste in this area,nor is any anticipated. C. Soil Investigation There are two geotechnical reports available which cover the Hualalai Heights Subdivision and the Pualani Estates Subdivision. One was prepared by South Pacific Geotechnical dated January 17, 1994 and the other was prepared by Geolabs-Hawaii dated March 30, 1995. Both are available for perusal at this office or at the County Department of Public Works in Kona. Basically,the area is thin soils over various basalt flows. D. Flooding The project is located in Zone "X". There is no special flood hazard area at this location. E. Permits and Clearances No permits have been issued for the proposed projects. F. Extent The enclosed map shows the extent of this project and the existing and under- construction facilities. G. Downstream Facilities and Capacity Downstream facilities have already been discussed. Essentially,they are a 8"line to 12" line to 18" line to 21" line to 33" line at Hualalai Road and Kuakini Highway. The effluent from this project eventually finds its way to the Kealakehe Treatment Plant, which plant has still not reached its capacity. There have been a number of reports prepared by this office, among them is one for the 65 acres makai of Queen Ka'ahumanu Highway adjacent to Pualani Estates Subdivision and another prepared for two multi-family lots off Kalani Street mauka of Kuakini Highway. Both of these reports show that downstream facilities have adequate capacity for this subdivision. Page 2 of 3 H. Basis of Design, Using Criteria from the Design Standards of the Division of Wastewater Management Volume 1,Department of Public Works,City and County of Honolulu, State of Hawaii Design Period: 50 years Equivalent Population: 172 Area Served 14.968 acres Average Per Capita Wastewater Contribution 80 gal/day Maximum Flow Factor 5 Dry Weather Infiltration 5 gcd Wet Weather Infiltration 1250 gad Design Flow Rates Average Wastewater Flow 13,760 gpd Maximum Wastewater Flow 68,800 gpd Design Average Flow 14,620 gpd Design Maximum Flow 69,640 gpd Design Peak Flow 88,310 gpd The Pualani Estates Subdivision is downstream from the project. Above Pualani Estates is The Heights of Hualalai Subdivision. The two of these together have a combined design peak flow of 735,700 gpd. Adding the 88,310 gpd and another 114,890 gpd from Hu-Ko-Pa from the project to these combined design peak flows gives a design peak flow of 938,900 gpd. There is adequate capacity within Pualani Estates Subdivision for this flow. Before the flow exits Pualani Estates Subdivision, the pipe size changes from 8"to 12" and flows across Queen Ka'ahumanu Highway to Kuakini Highway and towards Kailua-Kona on Kuakini Highway. At Pottery Terrace, the line changes to 18". The 12" line has a total line capacity of 234 mgd. Of this, 1.49 mgd is either currently being utilized or reserved for(The Heights at Hualalai,Pualani Estates and 65-acres makai of Queen Ka'ahumanu Highway and mauka of Kuakini Highway). This leaves a total 0.85 mgd available capacity. The project would require only 0.09 mgd of this capacity leaving 0.64 mgd available for others. VI. CONCLUSION With 0.85 mgd available capacity in the sewer system and the project only requiring 0.09 mgd, there is adequate capacity in the existing County sewer system to service the project. 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N Q N Ov § a w oo °o ° ° c E t N I-Q aN, , ,- o A-i- 0 0 O O z 0 0 3� 0 I ¢� o ^ ti�R 3 N 0 r 0. x S O O J O O O o vi 2 t i g S i m I u+• Eoo>" = v •• • m-vT-'m es 0-- pp _ fm C b W z,' .')O: S O I 0 0 T K 08 a 0 0 O z• N =2a_ d a a i ✓ R .-1 U. I- a g g o`n QN�W$ m , ,-. 1-0 $m�oS ° ° ° 2 0 r a i I W O• -J 0 Z w u m $ z o N z o ° � I m ^Jm S m O C � J Bt� O I 0 ` J I o Paz v Z o O a m o m S _¢ m t S U CC ° C a a= t a2 t y O C a Q&2 E o f > 1I"IIfifIJ ! IIiJt44jLIfl&?? Tii, a 8 m >, .z E as V1 m d 0 _3 r K .r m = �, m N c O C O O LL and d C C y t d d U O N m d 0 IL S ♦• C R E m C C d 0 U L L C_ 6 0 U O m j f V Q Q m 'o E ° ` to n o .. ° U J S w- I Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/1143 Jurisdiction HOOT Time Period AM PEAK EXISTING Analysis Year 2013 Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TN RT LT TH RT Number of Lanes 7 1 1 I 1 1 Lane Group L R T R L T Volume(vph) 71 201 973 24 6 696 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(PIA) P P P P P P Startup Lost Time 2.0 2.0 20 2.0 2.0 2.0 Extension of Effective Green 20 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 'i Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 0 0 !� Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing we Only 02 03 04 NS Perm Thru&RT 07 08 G=8.0 G= G= G= G=6.0 G= 104.0 G= G= I Timing Y=4 Y= Y= Y= Y=4 Y=4 Y= Y= Duration of Analysis(Ms)=025 _ __ Cycle Length C= 130.0 - _ ___ _- Lane Group Capacity,Control Delay,and LOS Determination EB WB NB SB Adjusted Flow Rate 79 223 1081 27 7 773 Lane Group Capacity III 1615 1520 1615 83 1666 file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k74.tmp 3/11/2013 f. I I Ii CI) z Z a W U ig a ir > Z A c4 Q Q z w 3 Z 1a3 W o x v� Q W zmi N A. W a `0 a Z z Q Z LI Cil x Q'et z W a 1 Short Report Page 2 of 2 v/c Ratio 0.71 0.14 0.71 0.02 0.08 0.46 Green Ratio 0.06 1.00 0.80 1.00 0.05 0.88 Uniform Delay d1 .59.9 0.0 6.0 0.0 59.4 1.7 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 32.1 0.2 2.9 0.0 2.0 0.9 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 92.0 0.2 8.9 0.0 61.4 2.6 Lane Group LOS F A A A E A Approach Delay 24.2 8.7 3.1 Approach LOS C A A Intersection Delay 8.8 Intersection LOS A Copyright C 2008 University or Florida,A5 Rights Reserved HCS*^a version 5 a Generated-3111/2013 9:58 AM II II I I file://C:\Documents and Settings lWitcher Engr LLP\Local Settings\Temp1s2k74.tmp 3/11/2013 I I F Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HOOT Time Period PM PEAK EXISTING Analysis Year 2013 • Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group L R T R L T Volume(vph) 29 79 804 56 119 964 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 20 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 120 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour _ Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm Thru&RT 07 08 G=6.0 G= G= G= G= 12.8 G=69.2 G= G= Timing Y=4 Y= Y= Y= Y=4 Y=4 Y. Y= Duration of Analysis(hrs)=0.25 _ _ __ _ Cycle Leith C= 100.0 __ __ __ Lane Group Capacity,Control Delay,and LOS Determination 1I EB WB NB SB Lane Group patchy 1 1 108 116115 1315 1615 231 1634 I file://C:\Documents and SettingslWitcher Engr LLP\Local Settings\Temp1s2k95.tmp 3/11/2013 I Short Report Page 2 of 2 v/c Ratio 0.30 0.05 0.68 0.04 0.57 0.66 Green Ratio 0.06 1.00 0.69 1.00 0.13 0.86 Uniform Delay d1 45.0 0.0 8.9 0.0 41.0 22 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 6.9 0.1 Z8 0.0 9.9 2.1 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Contrd Delay 51.8 0.1 11.8 0.0 50.9 4.3 Lane Group LOS _ D A 8 A D A Approach Delay 13.9 11.0 9.4 Approach LOS B B A Intersection Delay 10.3 intersection LOS B Copyright C 200e University of Florida.AN Rights Reserved HCS+n Version 5 a Generated:3/1112013 9:20 AM file://C:1Documents and Settings Witcher Engr LLP Local Settings\Temp1s2k95.tmp 3/11/2013 ( Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HDOT Time Period AM PEAK5YBO Analysis Year 2018 Volume and Timing Input • • EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group _ L R T R L T Volume(vph) 78 220 1065 26 7 762 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/BikeIRTOR Volume 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 _ 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 _ N N 0 N N 0 N li Parking/Hour Bus Stops/Hour 0 ' 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm Thru&RT 07 08 Timing G= 18.2 G= G= G= G=6.5 G=83.3 G= G= !, Y=4 Y= Y= _Y= Y.4 Y=4 _Y= Y= Duration of Ana sis(hrs)=0.25 Cycle Le cth C= 120.0 Lane Group Capacity,Control Delay,and LOS Determination EB WE NB SB Adjusted Flow Rate I( 87 244 1183 29 8 847 Lane Group Capacity I I 274 1615 1319 1615 98 1485 file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k74.tmp 3/11/2013 Short Report Page 2 of 2 I v/c Ratio 032 0.15 0.90 0.02 0.08 0.57 Green Ratio 0.15 1.00 0.69 1.00 0.05 0.78 Uniform Delay d1 45.4 0.0 14.9 0.0 53.9 5.2 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 3.0 0.2 9.8 0.0 1.6 1.6 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 48.4 0.2 24.7 0.0 55.5 6.8 Lane Group LOS D A C A E A Approach Delay 12.9 24.1 7.2 F Approach LOS B C A Intersection Delay 16.5 Intersection LOS B Copyright 02006 University of Florida,AS Was Reserved HCS♦T" Version 5 4 Generated W11/2013 0:08 AM 111 file://C:1Documents and Settings\Witcher Engr LLP1Local Settings\Temp\s2k74.tmp 3/11/2013 - - - Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HDOT Time Period PM PEAK 5YRBO Analysis Year 2018 j Volume and Timing Input _ _ EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group L R T R L T Volume(vph) 32 86 880 61 130 1055 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 20 2.0 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Penn Thru 8 RT 07 08 G=6.0 G= G= G= G= 13.8 G= 78.2 G= G= Timing Y=4 Y= Y= Y= y=4 Y=4 Y= Y= Duration of Analysis(hrs)=0.25 _Cycle Length C= 110.0 Lane Group Capacity,Control Delay,and LOS Determination EB WB NB SB Adjusted Flow Rate 36 96 F I 978 1 68 144 1172 Lane Group Capacity I 98 1615 1351 1615 226 1658 file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k95.tmp 3/11/2013 Short Report Page 2 of 2 • I v/c Ratio 037 0.06 0.72 0.04 0.64 0.71 Green Ratio 0.05 1.00 0.71 1.00 0.13 0.87 Uniform Delay di 50.2 0.0 9.5 0.0 45.7 2.3 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 10.3 0.1 3.4 0.0 13.0 2.6 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 60.5 0.1 12.9 0.0 58.7 4.9 Lane Group LOS E A B A E A Approach Delay 16.5 12.0 10.8 Approach LOS B a B Intersection Delay 11.6 Intersection LOS B Copyright 02005 University of Fbnda,All Rights Reserved HCSc^m Version 5 9 Generated 311112013 9:35 Aid � I file://C:\Documents and Settings%Witcher Engr LLP\Local Settings\Temp\s2k95.tmp 3/11/2013 • 1 Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HOOT Time Period AM PEAKIOYR Analysis Year 2023 - Volume and Timing Input - - -- -- EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group L R T R L T Volume(vph) 85 241 1166 34 8 834 III %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretuned/Actuated(P/A) P P P P P P Startup Lost Time 20 2.0 2.0 2.0 2.0 2.0 II' Extension of Effective Green 20 2.0 2.0 2.0 2.0 2.0 Amval Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 PedBike/RTOR Volume o 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 120 12.0 Parldng/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WE Only 02 03 04 ' NS Perm Thru 8 RT 07 08 Timing G= 8.3 G= G= G= G=6.0 G= 103.7 G= = G Y=4 Y= Y= Y= Y=4 Y=4 _Y= Y= Duration of Analysis(hrs)=0.25 Cycle,Length C= 130.0 _ _ Lane Group Capacity,Control Delay,and LOS Determination E8 WB 11296 NB SB Lane Group Capacity I I 94 5 /6 5 156 1615 83 1662 I �I file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k74.tmp 3/11/2013 I , - - I Short Report Page 2 of 2 v/c Ratio 0.82 0.17 0.85 0.02 0.11 0.56 Green Ratio 0.06 1.00 0.80 1.00 0.05 0.87 Uniform Delay d1 60.1 0.0 8.4 0.0 59.4 2.0 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 45.2 0.2 6.4 0.0 2.6 1.4 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 105.3 0.2 14.7 0.0 62.1 3.4 Lane Group LOS F A B A E A Approach Delay 27.5 14.3 3.9 Approach LOS C B A Intersection Delay 12.4 Intersection LOS B Copyrght°2008 University of Florida,AS Rights Reserved HCS+n+Version 54 Generated_3n,,2013 8'14 AM II file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k74.tmp 3/11/2013 Short Report Page 1 of 2 SHORT REPORT General Information Stte Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HDOT Time Period PM PEAK 10YR Analysis Year 2023 Volume and Timing Input l EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group L R T R L T Volume(vph) 35 96 963 69 143 1156 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N _ 0 N N 0 N N 0 NI, Parking/Hour Bus Stops/Hour 0 0 0 _ 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm Thru 8 RT 07 08 G=6.0 G= G= G= G= 14.5 G=87.5 G= G= Timing Y=4 Y= Y= Y= _Y=4 Y=4 Y= Y= Duration of Analysis(hrs)=0.25 Cycle Length C= 120.0 Lane Group Capacity,Control Delay,and LOS Determination Rate 1 1 39 107 1070 77 159 124 EB WB NB SB It Adjusted Lane Group Capacity parity 90 11615 1385 1615 218 11678 I file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp1s2k95.tmp 3/11/2013 Short Report Page 2 of 2 v/c Ratio 0.43 0.07 0.77 0.05 0.73 0.77 Green Ratio 0.05 1-00 0.73 1.00 0.12 0.88 Uniform Delay d1 55.3 0.0 10.1 0.0 50.9 25 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 14.5 0.1 4.2 0.1 19.2 3.4 PI Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 69.8 0.1 14.3 0.1 70.1 5.9 Lane Group LOS E A B A E A Approach Delay 18.7 13.4 13.0 Approach LOS B B B Intersection Delay 13.4 Intersection LOS B Copyright 02008 University of Florida,All Fights Reserved HCSaiO Version 54 Generated-3/11/2019 941 AM I i file://C:\Documents and Settings\Witcher Engr LLP\Local Settings 1 Temp 1s2k95.tmp 3/11/2013 Short Report Page 1 of 2 I I SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 311/13 Jurisdiction HDOT Time Period AM PEAK20YR Analysis Year 2033 Volume and Timing Input • EB WE NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 1 1 1 1 Lane Group L R T R I. T Volume(vph) 102 289 1398 41 10 1000 %Heavy Vehicles - 0 0 0 0 0 0 PHI 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P Startup Lost Time 2.0 2.0 2.0 2.0 2.0 20 Extension of Effective Green 2.0 2.0 2.0 20 2.0 2.0 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 PedBke/RTOR Volume 0 0 0 0 0 0 0 0 0 0 Ali Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Penn Thru 8 RT 07 06 Timing G= 71 G= G= G= G=20.3 G= 100.6 G= G= Y=4 Y= Y= Y= Y=4 Y=4 Y= Y= .Duration of Analysis(hrs)=0.25 -- CycleLength C_= 140.0 Lane Group Capacity,Control Delay,and LOS Determination EB WB NB SB Rate Ir La Group Capacity I 92 1615 11 65 1615 262 1695 file://C:\Documents and Settings 1 Witcher Engr LLP\Local Settings 1Templ52k74.tmp 3/11/2013 Short Report Page 2 of 2 v/c Ratio 1.23 0.20 1.14 0.03 0.04 0.66 Green Ratio 0.05 1.00 0.72 1.00 0.14 0.89 Uniform Delay d1 66.4 0.0 19.7 0.0 51.5 2.0 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d2 167.3 0.3 71.4 0.0 0.3 2.0 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 233.8 0.3 91.1 0.0 51.8 40 Lane Group LOS F A F A D A Approach Delay 61.1 88.5 4.4 Approach LOS E F A �' Intersection Delay 54.8 Intersection LOS D Copyright 02008 University of Florida.AN Rights Reserved HCS.^e Version 5.4 Generated:3/110013 9:20 AM 1i it file://C:\Documents and Settings\Witcher Engr LLP\Local Settings 1 Temp\s2k74.tmp 3/11/2013 Short Report Page 1 of 2 SHORT REPORT General Information Site Information Analyst BEW Intersection T Agency or Co. BRANDAN LEE Area Type All other areas Date Performed 3/11/13 Jurisdiction HDOT Time Period PM PEAK 20YR Analysis Year 2033 Volume and Timing Input ' EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes 1 1 I I I 1 Lane Group L R T R L T Volume(vph) 42 119 1156 80 171 1385 %Heavy Vehicles 0 0 0 0 0 0 PHF 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed/Actuated(P/A) P P P P P P 1 I, Startup Lost Time 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 ill Ped/BikeIRTOR Volume 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 Minimum Pedestrian Time 3.2 3.2 3.2 3.2 _ Phasing WB Oily 02 03 04 NS Penn Thru&RT 07 08 G=6.0 G= G= G= G=20.2 G= 121.8 G= G= Timing Y=4 Y= Y= Y= Y= 4 Y= 4 Y= Y= Duration of Analysis Stirs)=0.25 _ - Cycle Length = 160.0 Lane Group Capacity,Control Delay,and LOS Determination EB WB NB SB Adjusted ane Group Capacity I 1 68 1615 1446 1615 228 119 173 I+ Lane 4 I 11 file://C:1Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k95.tmp 3/11/2013 Short Report Page 2 of 2 v/c Ratio 0.69 0.08 0.89 0.06 0.83 0.89 Green Ratio 0.04 1.00 0.76 1.00 0.13 0.91 Uniform Delay d1 76.1 0.0 14.1 0.0 68.3 3.2 Delay Factor k 0.50 0.50 0.50 0.50 0.50 0.50 Incremental Delay d3 44.8 0.1 8.5 0.1 28.6 7.2 PF Factor 1.000 0.950 1.000 0.950 1.000 1.000 Control Delay 120.9 0.1 22.5 0.1 96.8 10.4 Lane Group LOS F A C _ A F S Approach Delay 32.7 21.1 19.9 Approach LOS C C 13 Intersection Delay 21.1 Intersection LOS C CopyrightC 2000 Universeyy at Florida.All Rights Reserved HCS+TM Verven 5.4 Generated,3111/2013 9:40 AM � I file://C:\Documents and Settings\Witcher Engr LLP\Local Settings\Temp\s2k95.tmp 3/11/2013 . 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( HOLUALOA a i 1 J g t7 �2 Z 6 =i U Z U W Ay• ' IWY L a 1 GO 1 .- 0 4111 RI { t / \. 0 �° aya N o_ _ _- a.+ W .- d• , d: .038.1.S VN31Vnd CO• y " 1. -{ O I =• d O I o _ - O CI. 0O. a 1 r-CL [ a. a. ; i 0 ,- * ° ,` VNON co 'a m HOLUALOA 4 1 4 In 2 Ot w g w N r' N N V I Z 1 p a UV w C W CD O w x L .i+ F- Cn C r l t 1 ----I \\,, #Ill 1 N Y. .A JN co N°•--- __ CD i C) LA N N ..,.« .i+ V.. r I 1332115 VN31V(ld ■ I V ^ N ,, '*�+.., ....�.N o AW L � 1 E 7 fD N —_ .. N� O C ; HOLUALOA a �� r ca J �� Z gi w i3 0 o ai w 22 7 V m Z aV • 3 U j } Z W .1.r �' W O IAN = U 1�/ _ i t4 R B To to . 1 N co Ol li in N 13a LLS ► vNalvlld 0 i.r t� • L • O Y - / CU O 1 co E [ z i = co a ~ f a a 1 o CO co a "� Co co CI. YNON 2 4 a HOLUALOA a i1 n v J 'g� /111111"• 11•N 0/1111An z 12 co CO N O N N 7 N Z Z U C w re 1 414 0 1- -ca ? N to (, \ F c CC N.+a.,..... �I' o.• O /L N N 1 CO 1 % . in N N L. C 1.33111S 4111' .VN3lvnd N fn d g. N = CO{ N -N 1 g' _.,..,_ • • V d t ane a CO• i IC i a a t— 0- a / i O. `(N N' N R co N T • v VNON e 'a • • HOLUALOA J c C9 wi Z U6 1 w €'.g W to •• OD U co Z R o V C w # ; . L z , aCi i/ 4,€i . a• c a ( a, a, I a, 1 " N t[) , 07 d 1 r i d C • 133211S VN3 VIld s. (I) E = :12{e) . .. m V 1 , ��'''',. 7t0 • V a s Z a• i- a ; I 1 a ■ 40 Si N r", r, 42-4,.•/ 4a-Ne"° m NINON ,r) a I 1 ATTACHMENT I William P.Kenoi it+nor p Ti REC EIV Mayor c_ ,�.'•, BJ Leithead Todd ! f MAR 0 �� Director �� ��,.'. 1 M6 Margaret K.Masunaga + .Z Deputy County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 February 25, 2010 Phone(808)961-8288 • Fax(808)961-8742 Mr. Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo,HI 96721 Dear Mr. Lim: SUBJECT: General Plan LUPAG Map and Kona CDP Determination Tax Map Key: (3) 7-5-17:43; Puapua`a 1st,North Kona District,Hawaii This is in response to your February 8,2010 letter requesting the Planning Director's interpretation of the General Plan Land Use Pattern Allocation Guide(LUPAG)map designation for TMK 7-5- 17:43 and whether the subject property is located inside the Kona Urban Area as defined in the Kona Community Development Plan(CDP). The General Plan LUPAG map designation for the subject property is Urban Expansion Area. In the Official Kona Land Use Map(Figure 4-7)in the Kona CDP,the line indicating the boundary of the Kona Urban Area runs through the property in a north-south direction. According to the official map metadata(enclosed)contained in"Attachment A"of the Kona CDP, the Kona Urban Area boundary line traces the LUPAG boundaries so that urban designations (ie. urban expansion area, low density urban, industrial) are within the Kona Urban Area and rural designations (ie. important agricultural land) are outside of the Kona Urban Area. Therefore, since the property's LUPAG designation is Urban Expansion Area,the property is also determined to be entirely within the Kona Urban Area. Should you have questions, please contact Maija Cottle of my staff at 961-8159. Sincerely, IBJ LEITHEAD TODD Planning Director MJC:smn P:\wpwin60\Mai j a\Letters\Determination\GP\Lim-7-5-17-43.doc Encl: Pg. 6-7, Attachment A- Kona CDP xc: Long Range Planning Division Kona Planning Office Hawaii County is an Equal Opportunity Provider and Employer CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 W W W.CARLSMITH.COM SLIM@CARLSMTTH.COM February 8,2010 VIA HAND DELIVERY Ms. BJ Leithead-Todd Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: General Plan Land Use Pattern Allocation Guide ("LUPAG") and Kona Community Development Plan-Kona Urban Area Interpretation Request TMK:(3)7-5-17:43 (approximately 14.437 acres), Pursuant to our meeting of February 4, 2010 regarding the above subject parcel,this will request the Planning Director's interpretation for the subject parcel regarding the following: 1. General Plan LUPAG designation; and 2. Kona Community Development Plan-Kona Urban Area. Should you have any questions,please feel free to contact me at 935-6644. Thank you for your attention to this matter. Sincerely, OP944...Yl.A.46 Steven S.C. Lim SSL/rma cc: /Norman Hayashi Daryn Arai Client 4816-8328-3461.1.058108-00001 060544 HONOLULU • HILO • KONA • MAUI • GUAM • SAIPAN • LOS ANGELES I Existing-repave: Street exists but shoulder stabilization 1 and/or striping improvements need to be coordinated with future repaving. Existing-redevelopment: Street exists but substantial improvements needed(e.g., add sidewalk and curb). • Existing-sign: Existing conditions adequate;just need signage. Proposed: Needs to be constructed or opened to the public. Underway: Under construction. Proposed in Bike Plan Hawaii, but may be duplicative, outdated, or otherwise unnecessary and should be U evaluated through the Kona Open Space Network Program-or other CDP process. Route No. Route identification number Length Miles CDP Name of CDP, if referenced in the CDP Source Hawaii Bike Plan (BP) PATH PATH>BP: PATH modified Bike Plan Hawaii NAH: Included in Na Ala Hele inventory IP Notes Miscellaneous comments ID Identification Number • Official Yes(included as part of an Official Map); No(no official status) Responsible agency to update: County of Hawaii Planning Department. Modifications after the adoption of the Kona CDP will be tracked in the following table. Update vs.Amendment Date Description of Modification Created April 2008 Description: This layer Is a Policy Layer on the Kona CDP Official Land Use Map. This layer defines the geographical extent of the Urban Area and Rural Town TODs, as defined in the Kona CDP. This layer is specific to the Kona CDP and not Countywide. File Name: Urban Rural Boundary dary Layer Type: Polygon 6 Source: The Urban Area polygon "traces"the LUPAG boundaries for an area spanning from Kona International Airport to Keauhou, makai of Mamalahoa Highway, designated urban expansion, high density, medium density, low density, resort note, resort area,and industrial area. It excludes the area designated resort node 1 in Kaupulehu and the medium and low density area in Holualoa. The Rural Town TODs polygon traces the LUPAG boundaries for medium and low density areas from Honalo to Captain Cook. MAttributes: FID Internal software number Type Urban Area or Rural Town TODs IResponsible agency to update: County of Hawaii Planning Department. Modifications after the adoption of the Kona CDP will be tracked in the IIIfollowing table. Update vs.Amendment Date Description of Modification ICreated April 2008 I t w'° f, IDescription: This layer is a Policy Layer on the Kona CDP Official Land Use Map. This layer approximately locates the TODs,as defined in the Kona CDP. IFile Name: TOD Type ILayer Type: Polygon Source: The TOD polygons were created by"buffering"the Transit Hub/Station/Stop points at a radius distance of 0.5 mile at 0.25 mile intervals. This layer should be 1 updated as each TOD is defined by metes and bounds through Project District rezoning approval. IAttributes: FID Internal software number TOD_Name Name of the TOD Village I Type Type of TOD: Regional Center or Neighborhood Responsible agency to update: County of Hawaii Planning Department. Modifications I after the adoption of the Kona CDP will be tracked in the following table. I I Update vs.Amendment Date Description of Modification Created April 2008 I I William P. Kenoi r '` ,, 133 Leithead Todd mfr -,. . Director -�• Margaret K.Masunaga + • Deputy j.�M' West Hawaii Office East Hawaii Office 74-5044 Me Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of I3awai i Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MAY 2 3 2013 May 23,2013 Carlsmith Ball LLP 121 Waianuenue Avenue Hilo,HI 96721 Dear Mr. Lim: SUBJECT: General Plan LUPAG Map and Kona CDP Determination Tax Map Key: (3) 7-5-017:043;Puapua'a 1st,North Kona District,Hawaii Dear Mr. Lim: This letter will reconfirm that the General Plan LUPAG map designation for the subject property at TMK(3) 7-5-017: 043 is Urban Expansion Area, and also that the subject property is located within the Kona Urban Area as defined in the Kona Community Development Plan(KCDP),all as stated in our prior letter dated February 25,2010 (enclosed). Should you have any questions,please contact my office at 961-8288. Sincerely, 7i7 BJ LEITHEAD TODD Planning Director www cohplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planning:aco.hawait hi.us r � DEPARTMENT OF PUBLIC WORKS PLAISNIN DEPARTMENT COUNTY OF HAWAII COGi TY OF HAWAII HILO, HAWAII 2013 AN -3 P11 LI: 00 DATE: June 3, 2013 Memorandum • TO: Duane Kanuha, Planning Director Planning Department FROM: Ben Ishii, Division Chief Engineering Division SUBJECT : Change of Zone Application (REZ 13-000164) SLUBA(SLU 13-000038) Applicant: Hualalai Partners of Kona, LLC Location: Kahului 2"d, N. Kona, HI TMK: 3/7-5-017:043 We reviewed the subject application and our comments are as follows: DRAINAGE 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared prior to the issuance of any construction permit and the recommended drainage system shall be constructed meeting with the approval of DPW prior to final construction approval. 2. We have testimony of offsite stormwater crossing Hualalai Road into the subject property. The drainage study shall address such offsite stormwater and the proposed development plans shall be prepared to ensure that: a. Proposed building sites and infrastructure will be reasonably safe from flooding and designed to minimize exposure to flood damage. b. Pre-development stormwater quality shall not be degraded nor stormwater quantities increased. c. The proposed development shall not alter drainage patterns upstream or downstream of the development for any storm event unless approved as comprehensive flood control project. d. We recommend the applicant be required to propose and participate in a comprehensive flood control plan to address the offsite flow in a manner that will reasonably protect the subject, adjacent and downstream properties, meeting with the approval of the DPW. 485582 Planning Dept. Exhibit L Memo to PD-REZ 13-000164 June 3,2013 P.2of3 3. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. ROADWAYS 1. Given the re-zoning occurring in this area and in the interest of connectivity, roadway connections to adjoining parcels should be provided in accordance with a master plan for the area. A direct connection to Hualalai Road should be required or shared with parcel 42 in accordance with an approved master plan. 2. All connecting roadways should be constructed to dedicable standards and dedicated to the County or be open to public traffic. Concrete curbs, gutters, and sidewalks should be required in areas of pedestrian traffic in conformance with adjoining development and DPW policy. 3. Hualalai Road, the collector street serving the subject property, is a County Road It has an 18-20-ft. wide pavement within a variable right-of-way width. It is substandard based on width, alignment and roadside hazard clearances. The General Plan calls for a 60 foot wide right-of-way for new collector streets. 4. Access to Hualalai Road, including the provision of adequate sight distances, shall meet with the approval of DPW. Vehicular access to the individual lots shall not be from Hualalai Road. 5. In considering the existing and future needs for the Hualalai Road right-of-way, a 50-foot width will be adequate to serve as a collector street with paved shoulders if widening is provided where turning lanes may be needed in the future. We foresee a future need for left turning lanes on Hualalai Road at any development entry and at the intersection with Hienaloli-Kahului Road. 6. The applicant shall realign the right-of-way boundary along the subject property frontage of Hualalai road to an alignment meeting with the approval of the DPW and dedicate any resultant additional right-of-way area to the County between the existing right-of-way boundary and the realigned right-of-way. An additional 5 -foot wide future road widening setback easement shall be provided along the entire subject property frontage and dedicated to the County upon request at no cost to the County. 7. The applicant shall provide improvements to Hualalai Road along the entire frontage of parcels 30 and 43 and transitions consisting of, but not limited to, grading, pavement widening, resurfacing, drainage improvements, and any relocation of utilities; meeting with the approval of the DPW. Install street lights, signs and markings meeting with the approval of the DPW, Traffic Division. The • Memo to PD-REZ 13-000184 June 3,2013 P.3 of 3 applicant shall construct all improvements at no cost to the County, prior to final subdivision construction approval. 8. Any utility poles in a County or dedicable road right-of-way shall be installed as shown on DPW Standard Detail R-35 (Revised). The applicant shall provide any necessary easements for installation of such utilities. 9. We assume there will be a separate PUD permit process under which we may make addtional comments on the proposed street cross-sections and landscaping shown in Exhibit 1. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. KE copy: ENG-HILO PLNG-KONA✓ • Hawaii County is an Equal Opportunity Provider and Employer pF WATER 40'41, 16 O • 19 49t DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII yrypFenWp��?pP 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 `=r TELEPHONE (808) 961-8050 • FAX (808) 961-8657 r , June 20,2013 rye ' . Z 1.9 CD 7,4 TO: Duane Kanuha,Director Planning Department FROM: Quirino Antonio, Jr., Manager—Chief Engineer SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 13-000038) REQUEST: AGRICULTURE TO URBAN CHANGE OF ZONE APPLICATION(REZ 13-000164) REQUEST: A-5a TO RS-15 APPLICANT—HUALALAI PARTNERS OF KONA, LLC TAX MAP KEY 7-5-017:043 We have reviewed the subject applications and have the following comments and conditions. Please be informed that the applicant is a member of Waiaha System, LLC,which has executed a Water Development Agreement("Agreement")with our Water Board in order to secure water commitments for the development of various properties within the Department's North Kona Water System. The Department can confirm that a water commitment is in effect for the proposed 43-lot development. We will note that water service will not be granted for the applicant's proposed 43-lot development until the necessary transmission and storage facilities,as detailed in the Agreement,have been satisfactorily completed and properly dedicated to the Water Board. In addition to the above,the following conditions must be met prior to final subdivision approval being granted: 1. Construct necessary water system improvements,which shall include,but not be limited to: a. water mains capable of delivering water at adequate pressure under peak-flow and fire-flow conditions;the minimum diameter of which shall be 6 inches, b. service laterals that will accommodate a properly-sized meter to each lot, c. 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 Planning Dept. SCANNED I Exhibit .Water, Our Most Precious.resource . . . 7(a Wai A pane . . BY: The Department of Water Supply is an Equal Opportunity provider and employer. Duane Kanuha,Director Page 2 June 20,2013 d. fire hydrants spaced no more than 600 feet apart. On dead-end streets,the last fire hydrant shall be located within 300 feet from the last house, or unit,fronting the property line,or to the driveway or access for the property. Construction plans showing the above improvements and prepared by a professional engineer licensed in the State of Hawai`i,must be submitted for review and approval. 2. Submit the appropriate documents,properly prepared and executed,to convey the subdivision 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. 3. Should it be necessary,the developer shall be required to execute an Irrigation Agreement for any irrigation meter(s)installed with the project. The agreement requires that all water use for irrigation purposes be metered separately. Construction plans for the project must show the separate irrigation meter(s)and irrigation system. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerely yours, Quiri Antonio,Jr.,P.E. Man r-Chief Engineer RQ:dfg copy- Hualalai Partners of Kona,LLC Carlsmith Ball,LLP DWS Customer Service Sections(Hilo and Kona) r."E' T ;1s;! '•:! ., Harry S.Kubojiri William P.Kenoi i'�.�s�-':: ;17,t-_,,' ' •' '1 1 Police Chief Mayor ,�:ANA -1'�''. •a;.....+!. Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 May 20, 2013 TO : BJ LE -' 11 PLANNING DIRECTOR U I�, OF ' 'WAI PLANNING DEPARTMENT FROM : - , ■ L H. ' 'LOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : State Land Use Boundary Amendment (SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Applicant: Hualalai Partners of Kona, LLC Tax Map Key: 7-5-017:043 The above-referenced amendment and application have been reviewed, and we have no comments or objections to offer at this time. Should there be any questions, please contact Captain Richard Sherlock, Commander of the Kona District, at 326-4646, ext. 299. RS:dmv 85130313 Planning Dept. 085395 Exhibit "Hawaii County is an Equal Opportunity Provider and Employer" William P.Kenos ,_.r_,!T -" t x f,r�/. Darren J.Rosario Z '? '`, i° '•Y �, tt ?''►'` Renwick J.Victorino Deo.Fire Chief QCountp of atuat`i HAWAII FIRE DEPARTMENT 25 Amnia'Street • Room 2501• Atb,Hawn 96720 (808)932-2900 • Fax(808)932-2928 May 21, 2013 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J.ROSARIO, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT(SLU-13-000038) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION(REZ 13-000164) REQUEST: A-5a to RS-15 PROPOSAL: HUALALAI PARTNERS OF KONA, LLC TAX MAP KEY: 7-5-017-043 The Hawaii Fire Department has no issues at this time based on the submitted Exhibit One and stated compliance with Department of Water Supply standards regarding the above-referenced. DARREN J. ROSARIO Fire Chief KT:lpc Planning Dept. ,��r+►�,,t_ Exhibit S - OR538i Haarai i County is an Equal Opportunity Provider and Employer. `,1,, I i `'°"a 1 6 E AR ={;n 1( • + ;;;/t•41' Stephen J.Arnett 7013 MAY 1 MayalLt` PH' "t r■r. Housing Administrator 6 iF}i �'i \\ ,•oi%e+'',,/ Susan K.Akiyama Assistant Housing Administrator Grunt of WW£na `t t Office of rising zznb(1ontntunifg petrrlapntenf 50 Wailuku Drive • Hilo,Hawaii 96720 • (808)961-8379 • Fax(808)961-8685 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawai`i 96740 (808)323-4305 • Fax(808)323-4301 May 16, 2013 MEMORANDUM TO: Bobby-Jean Leithead Todd Planning Department FROM: Stephen J. Arnett Housing Administrator 9, 61^Xe- SUBJECT : STATE LAND USE BOUNDARY AMENDMENT (SLU-13-000038) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 13-000164) REQUEST: A-5a to RS-15 APPLICANT: Hualalai Partners of Kona, LLC TAX MAP KEY: (3) 7-5-017:043 The Office of Housing and Community Development has reviewed the application and determined that Affordable Housing Conditions are applicable to the subject request . Thank you for the opportunity to comment. 085239 I0 eA G:/Planning/2217pasr AAI Planning Dept. EQUAL HOUSING OPPORTUNITY Exhibit 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER" C. f; ,1 + 5 „ .7�. ' WILLIAM J.MA .Nt. CNAIREMON c�7NEILABERCROMBIE BOARD OF LAND ATEMATURALR RESOURCES O UR aa GOVERNOR OF HAWAII R1-�,1O sa Zt,, COMMISSION ON WATER RESOURCE MANAGEMENT / ESTHER ICIA'AINA vind and ;Z 1I 1 -3 �1 3: 15 FRSTDFlUIV- j�/ DEPUTY TOORWAATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES `� `'�`"`—°"'✓,• W1.0089gi ON WATER RESOURCE MANAGEMENT OVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ? STATE OF HAWAII NANNIERINO FOIUISTRY AND state of Hsi DEPARTMENT OF LAND AND NATURAL RESOURCES ON STATE HISTORIC PRESERVATION DIVISION cANOOIATFEmAND LAND RESERVE 601 AMOKILA BOULEVARD,ROOM 555 STATE K KAPOLEI,HAWAII 96707 May 29,2013 Bobby Jean Leithead-Todd,Planning Director LOG NO:2013.3330 County of Hawai'i Planning Department DOC NO: 1205MV29 101 Pauahi Street,Suite 3 Archaeology Hilo,Hawai'i 96720-4224 Dear Ms.Leithead-Todd: SUBJECT: Chapter 6E-42 Historic Preservation Review— State Land Use Boundary Application(SLU 13-000038)& Change of Zone Application(REZ 13-000164) Kahului 2°d Ahupua a,North Kona District,Island of Hawaii TMK:(3)7-5-017:043 Thank you for the oppbrtunity to comment on the subject land use application, which was received in our office May 15, 013. As indicated in the application documents, the State Historic Preservation Division (SHPD) has previously reviewed and approved an archaeological inventory survey and data recovery plan for this project area (Log 2006.3276,Doc 0610JT17;Log 2008.1520,Doc 0807MD78);and we have also completed review of the data recovery report of findings(Log 2009.0788,Doc 0906TD03).The data recovery fieldwork has been completed and there are no sites designated for preservation within the project area. In addition,SHPD recently reviewed a similar project at this location and determined that no historic properties would be affected via SHPD correspondence LOG NO: 2012.0338,DOC NO: 1203MV16. There is no new information that would alter this previous determination. Therefore SHPD believes that this project will result in no historic properties affected. However, in the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, or lava tubes are identified during construction activities, please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7653. Please contact Mike Vitousek at (808) 652-1510 or Michael.Vitousek®Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, -u-t- Michael Vitousek, Lead Archaeologist Hawaii Island Section Historic Preservation Division Planning Dept. 085567 Exhibit 7 0 LA..!' ,,Y.; Ds ;;.r-::.!TN NULAOMp6 t - . NILIAbt GOVENNUlt OF HAWAII MIMIWMY won NI JJMUlR1J 11,1111MUM 1 z: •`��Y - pYrotwoomoma 11111UU I1 MMM4 ra 2:.3 11 -5 f 1 1/1 ot Atatid and Alto ' STATE OF HAWAII - f DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 edH11.4 HONOLULU.HAWAII 96809 June 4,2013 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: idarrowAco.hawaii.hi.us 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Applications for State Land Use Boundary Amendment and Change of Zone, Hualalai Partners of Kona, LLC, Applicant, Kahului 2"d, North Kona,Hawaii;TMK:(3)7-5-017:043 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 the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, __ Russell Y.Tsuji Land Administrator Enclosure(s) Planning Dept. 085611 Exhibit I • rna.MINICIONIIII r • ODVIH tCPMWAB MILU MLAILA.JR. . crwooM yo w *T Mate= IMMO0Ik 1n und Ind G STATE OF HAWAII � DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION dtlN� POST OFFICE BOX 621 HONOLULU,HAWAII 96509 May 13,2013 MEMORANDUM DLNR Agencies: Div.of Aquatic Resources Div.of Boating&Ocean Recreation XEngineering Division a =a. Div.of Forestry&Wildlife -‹ m r-G d _Div.of State Parks -4 v Commission on Water Resource Management Don 12. "C Office of Conservation&Coastal Lands c o s cn sj�, t0 X Land Division-Hawaii District -,_, X Historic Preservation co 1 Russell Y.Tsuji,Land Administrat6r SUBJECT: pplicatians for State Land Use Boundary�Y Amendment and Chan g e of Zone LOCATION: Kahului 2°d,North Kona,Hawaii;TMK:(3)7-5-017:043 APPLICANT: Hualalai Partners of Kona,LLC Transmitted for your review and comment is information on the above-referenced applications. A complete copy of the applications is available for review in the Land Division office in Honolulu. We would appreciate your comments on this document. Please submit any comments by June 4,2013. 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 Kevin Moore at 587-0426. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( ) Co . is area . Signed:_t Print namy� Date: JJ fq, cc: Central Files 085611 Fri t i'TURAL DEPARTMENT EOF LAND D A ION RESOURCES 2013 ,( �. _a p. n LD/KevinMoore REF.:KahuluiStateLandUseBoundaryAmendment Hawaii.608 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. • () Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . () Please note that the project 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 NF1P standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Ski Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)768-8296 of the City and County of Honolulu,Department of Planning and Permitting.. () Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Ms.Carolyn Cortez at(808)270-7813 of the County of Maui,Department of Planning. () Ms.Wynne Ushigome at(808)241-4890 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () he 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 Ms.Suzie S. Agraan of the Planning Branch at 587-0258. Signed: / $n 1 , CC " ,CHIEF ENGINEER Date: 5 / 085611 . . NEIL AMICROPASIE fit. i •►`,{t ��r4.' <�`V 7 O'HAMAA `'.-'1YILL1�i1JLA1LA.�NL , CHAMMISON '�. < COOillIMI NMMYAfOUR1 .1. L,tl3 , t,N -5 r,�::, 9: 15 .40,4411‘ no 'A f; ;t i.� 7,v4 STATE OF HAWAII I,►G =. DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION meet `r POST OFFICE BOX 621 HONOLULU.HAWAII 96809 H A WA May 13,2013 MEMORANDUM TO: DLNR Agencies: Div.of Aquatic Resources " ''�rn Div.of Boating&Ocean Recreation -+ �'f, X Engineering Division %c, Div.of Forestry ''-'' restry&Wildlife n r— Div.of State Parks � Cr) Commission on Water Resource Management w Office of Conservation&Coastal Lands ,• r" XLand Division—Hawaii District c" X Historic Preservation FROM: Russell Y.Tsuji,Land Admini r SUBJECT: lications for State Land Use Boundary Amendment and Change of Zone LOCATION: Kahului 2pd,North Kona,Hawaii;TMK:(3)7-5-017:043 APPLICANT: Hualalai Partners of Kona,LLC Transmitted for your review and comment is information on the above-referenced applications. A complete copy of the applications is available for review in the Land Division office in Honolulu. We would appreciate your comments on this document. Please submit any comments by June 4,2013. 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 Kevin Moore at 587-0426. Thank you. Attachments ( ) We have no objections. ( V)" We have no comments. ( ) Comments are attach Si Print name: (31,,,q90,4, GAT Date: Sfi '�ii cc: Central Files 0 856 . 1 lfajil AB_ROMajg ,y, GOVERNOR- : +� o.May LORETTAJ.FUDDY,A.C.S.W.,M.P.H. a sa Director of HeaQh `� , STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: May 29,2013 TO: Bobby Jean Leithead Todd Planning Director,County of Hawaii FROM: Newton Inouye �+Y District Environmental Health Program Chief SUBJECT: State Land Use boundary Amendment (SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Applicant: Hualalai Partners of Kona,LLC Tax Map Key: 7-5-017:043 The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer system. c. Wastewater Branch supports the sewer requirements made by the County for the proposed project. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules,Title 11, "Underground Injection Control." The applicant would need to meet the requirements of our Department of Health Air Pollution Rules,Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements,please contact our Clean Air Branch staff at Ph. 933-0401. The Department of Health(DOH),Clean Water Branch(CWB), acknowledges receipt of the subject document on May 10,2013. The CWB has reviewed the limited information contained in the subject document and offers the following comments: c 1. The Army Corps of Engineers should be contacted at(808)438-9258 for this C project. Pursuant to Federal Water Pollution Control Act(commonly known as O sXX the "Clean Water Act" (CWA)),Paragraph 401(a)(1), a Section 401 Water O" 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 085499 BJ Leithead Todd May 29, 2013 Page 2 of 5 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(NOl)for general permit coverage authorized underlhe 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 or downloaded from our website at: http://www.hawaii.gov/health/environmentaUwater/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: http://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] BJ Leithead Todd May 29, 2013 Page 3of5 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] 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. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. BJ Leithead Todd May 29, 2013 Page 4 of 5 Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-nlanning/landuse/Ianduse.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 Group(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:SLU 13-000038&REZ 13-000164.ni RHuaPartSLU2013.doc-7/12/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HUALALAI PARTNERS OF KONA,LLC STATE LAND USE BOUNDARY AMENDMENT (SLU 13-38) Upon careful review of the request,the Planning Director recommends that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2,Chapter 205,Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules and the County General Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "In determining urban growth for the next ten years,or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans." The project area conforms to this standard as it is situated adjacent to existing Urban- designated lands to the west. The applicant's request to designate 14.968 acres into the Urban District reflects the infilling of Agricultural-lands within this section of North Kona already surrounded by Urban-designated lands to the west. The applicant requests a concurrent Change of Zone from Agricultural (A-5a)to Single-Family Residential 15,000 square feet(RS-15)to develop a 43-lot single family residential subdivision on the site. The Urban District request would be consistent with the goals and polices of the Land Use element of the General Plan. The LUPAG Map component of the -1- Attachment to: Coma. 485 Bill 143 General Plan is a representation of the document's goals,policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Urban District request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area as Urban Expansion Area. Thus,the area under consideration is consistent with the urban form established for this section of North Kona as depicted on the LUPAG Map. The project site is located in an urban-like setting adequately served by transportation, utilities,commercial establishments and other amenities. The reclassification and proposed rezoning will allow the property to be used for the development of a 43-lot single-family residential subdivision. The urban classification also conforms to the standard that the development is within reasonable proximity to centers of trading and employment and basic services such as schools,police and fire protection,transportation systems and water. The project site is located near the Kailua-Kona urban area, and thus conforms to the Land Use Commission Rules that encourages urban development in close proximity to existing developments, services and facilities. The primary project access will be from the project's makai boundary connecting to the adjacent property(TMK: 7-5-17: 42)makai of the site, and south at Paulehia Street in the Pualani Estates Subdivision through the signalized intersection at Queen Ka`ahumanu Highway and Puapuaanui Street in the Pualani Estates Subdivision. Consistent with the Kona CDP regarding roadway connectivity,the project will be required to include a north-south connector road between the project's potential stubout at the south boundary, and also connect to Hualalai Road through the project's access at the makai boundary connecting to adjacent Parcel 42. Hualalai Road is a County collector street with an 18 to 20-foot wide pavement with a variable right-of-way. The Department of Public Works (DPW) states, in summary: • Hualalai Road is substandard based on width, alignment and roadside hazard -2- clearances. • The proposed connection to Hualalai Road should be master planned further mauka to serve both the subject property and adjoining Parcel 43 mauka of the site. • Realign the right-of-way property line along the entire subject property frontage of Hualalai Road to provide an alignment meeting with the approval of the DPW. Condition H of Ordinance No. 10 2 affecting Parcel 42 requires roadway connections to the subject parcel. Water can be made available to the site. Police and fire protective services are within close proximity to the project site. All essential utilities will be made available to the property. The project is also consistent with the Hawai`i State Plan, a guide for the long- range development of the State. The Plan identifies goals, objectives,policies and priorities for the State and provides a basis for the determination of policies and allocation of limited resources. Section 226-19(Objectives and policies for socio-cultural advancement-housing), subsection(b)(1) of the Hawai`i State Plan Chapter 226, HRS, (1996) states "it shall be the policy of this State to effectively accommodate the housing needs of Hawai`i's people". Section(b)(3)which states, "Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing." Thus,the proposed project is consistent with the policies outlined in the Hawai`i State Plan. Urban Districts shall include lands characterized by "city-like" concentrations of people, structures, streets,urban level of services and other related land uses. The project site is located near urban-type uses, including the Pualani Estates Subdivision and Sugar Cane Lane Subdivision. Kailua-Kona,the urban center for West Hawaii with hotels, multi-family residential, single-family residential,public facilities and commercial uses, is located in close proximity to the site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. -3- Federal Emergency Management Agency designates the property as Zone "X", areas outside of the 500-year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. Thus,the reclassification meets the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods,tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural (A-5a)zoned district,it is not currently being used for active agricultural purposes. The property is unclassified under the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map and is not in agricultural use. The project site is vacant and heavily vegetated. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "D" or "Poor". An Archaeological Inventory Survey dated August 2005 was prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR-HPD. The survey was approved by the DLNR-HPD on January 25, 2006. Six archaeological sites were identified, including historic walls, a ranching enclosure, and a terraced outcrop (temporary habitation site). All six sites were assessed as significant, and data recovery was recommended for the temporary habitation site. In addition, an Archaeological Data Recovery of SIHP Sites 24558 and 24563 report of two temporary habitation sites concluded that both sites warranted mitigation in the form of data recovery. On November 30, 2009,the DLNR-HPD approved the report. The reclassification of 14.968 acres from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. Based on the above,the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and is supportive of the Hawai`i State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. -4- COUNTY OF HAWAII •�A 4•4, STATE OF HAWAII BILL NO. ORDINANCE NO. 0.4-7 V' ! AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KAHULUI 2ND, NORTH KONA, HAWAII(TAX MAP KEY: 7-5-017:043). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahului 2nd,North Kona, Hawai`i, shall be Urban: Beginning at the Southwesterly corner of this parcel of land,being also the Southeasterly corner of Lot D,the Northeasterly corner of Lot 131 of Pualani Estates subdivision and a point on the Northwesterly side of Royal Patent 6716 Land Commission Award 4887, Apana 2 to Thomas Sams the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO"being 1,894.92 feet North, 6,654.29 feet East and running by azimuths measured clockwise from True South: Thence, along Lot D, and the remainder of Royal Patent 1669,Land Commission Award 8516-B,Apana 3 to Kamaikui: 1. 158° 16' 12" 715.98 feet to a point; Thence, for the next two (2) courses following along the Southerly side of Hualalai Road: 2. 250° 07' 30" 24.88 feet to a point; 3. 258° 39' 30" 35.12 feet to a point; Thence along Lot 1: 4. 252° 53' 25" 141.12 feet to a point; Thence along Lot 1; along the middle of a stonewall and along Grant 983 to Kipola: 5. 256° 21' 32" 281.08 feet to a point; Thence, for the next two (2) courses along Lot 1 and the remainder of Royal Patent 1669 Land Commission Award 8516-B Apana 3 to Kamaikui: 6. 347° 08' 00" 126.74 feet to a point; 7. 257° 08' 00" 184.67 feet to a point; Thence, for the next twenty eight(28) courses following along the Southerly side of Hualalai Road: 8. 306° 24' 30" 14.19 feet to a point; 9. 300° 46' 30" 34.99 feet to a point; 10. 297° 35' 30" 64.03 feet to a point; 11. 300° 44' 30" 34.78 feet to a point; 12. 307° 05' 30" 41.37 feet to a point; 13. 302° 23' 30" 38.59 feet to a point; 14. 303° 03' 00" 22.82 feet to a point; 15. 290° 19' 00" 20.64 feet to a point; 16. 279° 35' 30" 23.87 feet to a point; 17. 273° 18' 30" 25.35 feet to a point; 18. 264° 35' 30" 92.14 feet to a point; 19. 268° 18' 00" 54.95 feet to a point; 20. 274° 07' 00" 37.18 feet to a point; 21. 278° 01' 30" 51.30 feet to a point; 22. 295° 14' 30" 22.05 feet to a point; 23. 308° 19' 30" 20.69 feet to a point; -2- 24. 325° 39' 30" 20.68 feet to a point; 25. 334° 17' 30" 21.48 feet to a point; 26. 336° 02' 30" 33.82 feet to a point; 27. 340° 24' 30" 67.33 feet to a point; 28. 334° 52' 00" 6.52 feet to a point; 29. 341° 39' 30" 26.14 feet to a point; 30. 347° 00' 30" 72.51 feet to a point; 31. 350° 18' 30" 18.90 feet to a point; 32. 345° 48' 30" 19.77 feet to a point; 33. 329° 30' 30" 15.17 feet to a point; 34. 307° 10' 30" 42.94 feet to a point; 35. 316° 36' 30" 11.53 feet to a point; Thence for the next nineteen(19) courses along the middle of stonewall; along Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams: 36. 72° 44' 30" 66.50 feet to a point; 37. 74° 32' 20" 77.76 feet to a point; 38. 87° 49' 10" 36.53 feet to a point; 39. 70° 17' 20" 80.56 feet to a point; 40. 80° 42' 40" 38.66 feet to a point; 41. 77° 56' 10" 30.09 feet to a point; 42. 85° 08' 40" 56.81 feet to a point; 43. 95° 30' 20" 32.20 feet to a point; -3- 44. 83° 15' 10" 37.88 feet to a point; 45. 93° 22' 50" 40.53 feet to a point; 46. 78° 31' 30" 30.97 feet to a point; 47. 67° 43' 30" 25.01 feet to a point; 48. 83° 04' 15" 75.51 feet to a point; 49. 76° 43' 50" 56.82 feet to a point; 50. 79° 32' 10" 85.53 feet to a point; 51. 70° 31' 50" 49.92 feet to a point; 52. 81° 42' 30" 63.08 feet to a point; 53. 77° 02' 50" 54.92 feet to a point; 54. 76° 18' 30" 192.73 feet to a point of beginning and containing an area of 14.968 Acres,more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -4- AGRICULTURAL • TMK:(3)T-8-017:043 AGRICULTURAL TO URBAN 14.968 ACRES • AGRICULT • '• AGRICULTURAL% • AG RIC *II ICULTU: URBAN LTURAL tori N Ott AGRICUL AGRICULTURAL 110 11411 04,1 Ore.-0 *40 1.10.109-40 V1604 .7, URBAN S fellt111111111; 411111-,iiii$ 4 P4 114*1 1,1 Z'• 1. NM%11.411 r Feet 0 250 500 1,000 1,500 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KAHULUI 2nd, NORTH KONA, HAWAI'I MAP PREPARED BY: TMK:(3)7-5-017:043 COUNTY OF HAWAI`1, PLANNING DEPARTMENT DATE:Jun 4,2010 EXHIBIT"A" Hualalai Partners of Kona,LLC Map:10-178 RHuaPartREZ2013.doc-7/12/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HUALALAI PARTNERS OF KONA, LLC CHANGE OF ZONE APPLICATION(REZ 13-164) Upon review of the request for a Change of Zone from Agricultural 5-acres (A-5a)to Single-Family Residential 15,000 square feet(RS-15) on approximately 14.968 acres 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 Agricultural (A-5a)to Single- Family Residential (RS-15)to develop a 43-lot single-family residential subdivision on the property. The applicant intends to submit a Planned Unit Development(PUD) application,which, if approved, will allow for flexibility in lot and roadway design that includes smaller lot sizes of approximately 10,000 square feet to be accessed by non- dedicable roadways. The applicant also requests a concurrent processing of a State Land Use Boundary Amendment from Agricultural to Urban. 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. Attachment to: Caren. 485 Bill 144 -1- The Change of Zone request from a Agricultural (A-5a) to Single-Family Residential 15,000 square feet (RS-15) conforms to, among others,the goals, policies and standards of the General Plan Economic and Land Use Elements. The property is zoned A-5a and the State Land Use designation is Agricultural. 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 Urban Expansion Area. This designation allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable,but where the specific settlement pattern and mix of uses have not yet been determined. Thus,the proposed development 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(KCDP) adopted by Ordinance No. 08 131 effective September 25, 2008 identifies the property as Kona Urban Area. The project is consistent with the Land Use and Transportation policies in the KCDP, as the project is considered an"infill"rezoning. The project will provide a north-south connector road through the development, consistent with the recommendation of the KCDP. In letters dated February 25, 2010 and May 23, 2013,the Planning Director has made a determination that the project site is within the Kona Urban Area. Surrounding properties are zoned A-la, A-5a and RS-7.5. The project site is located northeast of the Pualani Estates Subdivision (RS-7.5). Sugar Cane Lane Subdivision(RS-15) is located mauka of the Pualani Estates Subdivision. Nearby properties are vacant or in residential uses. The property adjacent to the subject property to the west(TMK: 7-5-17: 42)was reclassified from A-5a to RS-10 by Ordinance No. 10 2 effective February 1, 2010 for approximately 14.437 acres of land to subdivide the property into 53 lots. The applicant proposed to submit a Planned Unit Development application to allow smaller lot sizes of approximately 7,500 square feet. Construction of -2- the infrastructure was proposed to be completed within twelve (12) months of Final Subdivision Approval. Therefore, a favorable recommendation of this change of zone request will be consistent with the existing land uses within this portion of North Kona. The project site's proximity to schools would foster educational opportunities for students as well as residents in the nearby community. The Federal Emergency Management Agency designates the property as Zone "X", an area determined to be outside of the 500-year flood plain. The property is unidentified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System and is not currently being used for any agricultural activities. Soils within the property and surrounding area are classified as"D" or"Poor" for agricultural productivity by the Land Study Bureau. The primary project access will be from the project's makai boundary connecting to the adjacent property (TMK: 7-5-17: 42)west or makai of the site, and south at Paulehia Street in the Pualani Estates Subdivision through the signalized intersection at Queen Ka`ahumanu Highway and Puapuaanui Street in the Pualani Estates Subdivision. Consistent with the Kona CDP regarding roadway connectivity, the project will be required to include a north-south connector road between the project's potential stubout at the south boundary, and also connect to Hualalai Road through the project's access at the makai boundary connecting to adjacent Parcel 42. Hualalai Road is a County collector street with an 18 to 20-foot wide pavement with a variable right-of-way. The Department of Public Works (DPW) states, in summary: • Hualalai Road is substandard based on width, alignment and roadside hazard clearances. • The proposed connection to Hualalai Road should be master planned further mauka to serve both the subject property and adjoining Parcel 42 makai of the site. • Realign the right-of-way property line along the entire subject property frontage of Hualalai Road to provide an alignment meeting with the approval of the DPW and dedicate additional right-of-way to the County equal to or more than one-half the difference between the existing right-of-way and the realigned 50-foot wide -3- The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is located mauka of the Queen Ka`ahumanu Highway and not 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. An Archaeological Inventory Survey dated August 2005 was prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR-HPD. The survey was approved by the DLNR-HPD on January 25, 2006. Six archaeological sites were identified, including historic walls, a ranching enclosure, and a terraced outcrop (temporary habitation site). All six sites were assessed as significant and additional data recovery was recommended for the temporary habitation site. In addition, an Archaeological Data Recovery of SIHP Sites 24558 and 24563 report of two temporary habitation sites concluded that both sites warranted mitigation in the form of data recovery. On November 30, 2009, the DLNR-HPD approved the report. According to the applicant, there are no known rare or endangered flora or fauna on the site. With the acceptance by DLNR of the inventory survey and subsequent data recovery reports, proper archaeological mitigation reassures have been completed and no further work is recommended. In view of the Hawaii State Supreme Court's "PASH" and"Ka Pa'akai 0 Ka'Aina" decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. These rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: The following studies were included in the application: • An Archaeological Inventory Survey of TMK: 3-7-5-017: 043, August, 2005, prepared by Bulgrin and Rechtman Consulting, LLC and submitted to the DLNR- HPD and approved by the DLNR-HPD on January 25, 2006. • Archaeological Data Recovery of SIHP Sites 24558 and 24562, TMK: 3-7-5-017.• -5- ?42 and 043 prepared by Rechtman Consulting, revised June, 2009 and approved by DLNR-HPD on November 30. 2009. The valuable cultural, historical, and natural resources found in the area: Tne archaeological/cultural surveys conducted on the project site revealed no endangerea species. The recommended data recovery for sites identified as significant will be followed. A standard condition will be included to require the applicant to cease work and notify the DLNR-HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR-HPJi. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. With proper mitigation in the form or data recovery, no historic properties will be affected by this project. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural,historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources in the area. To the extent to which traditional and customary Native Hawaiian rights are exercised,the proposed action will not affect traditional Hawaiian rights. Based on the above findings,the approval of the Change of Zone request from an Agricultural (A-5a) to a Single Family Residential (RS-15)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 Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- CHuaPartREZ2013.doc-7/12/13 HUALALAI PARTNERS OF KONA, LLC CHANGE OF ZONE APPLICATION (REZ 13-164) CONDITIONS OF APPROVAL A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. The applicant shall comply with the February 5, 2013 Water Development Agreement executed with the Waiaha System, LLC, Waiaha System II, LLC and Kohanaiki Shores, LLC or shall otherwise obtain the issuance of the necessary water commitment for the proposed project from the Department of Water Supply,prior to the submittal of a subdivision application to the Planning Department for the proposed project. 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. Restrictive covenants in the deeds of all proposed lots within the property 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 owner of the property may also, in addition,impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State 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. E. Roadway connections to adjoining TMK: 7-5-17: 42 shall be provided as required under Condition H of Ordinance No. 10-2. F. Access to Hualalai Road, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. Vehicular access from Hualalai Road to individual lots shall be prohibited. G. All connecting roadways shall be constructed to dedicable standards and 1 dedicated to the County or open to public traffic. Concrete curbs, gutters, and sidewalks should be required in areas of pedestrian traffic. H. The applicant shall realign the right-of-way boundary along the subject property frontage of Hualalai Road to an alignment meeting with the approval of the Department of Public Works and dedicate any additional right-of-way to the County, between the existing right-of-way boundary and the realigned 50-foot wide right-of-way. An additional 5-foot wide future road widening setback easement shall be provided along the property frontage and dedicated to the County upon request, at no cost to the County. I. The applicant shall provide improvements to Hualalai Road along the entire frontage of parcels 30 and 43 and transitions consisting of, but not limited to, grading, pavement widening,resurfacing, drainage improvements, and any relocation of utilities, meeting with the approval of the Department of Public Works. J. Install street lights, signs and markings on Hualalai Road,meeting with the approval of the Department of Public Works,Traffic Division. K. All development-generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. L. 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. M. The development shall connect to the County sewer system, meeting with the approval of the Department of Environmental Management. N. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. 0. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. P. Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative 2 Rules, Department of Health, which requires a NPDES permit for certain construction activity. Q. 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. R. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Subdivision Approval. S. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and maybe increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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 the amendment to the ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$13,081.99 per single- family residential unit. The total amount shall be determined with 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 3 be allocated as follows: • $6,308.37 per single-family residential unit to the County to support park and recreational improvements and facilities; • $304.32 per single-family residential unit to the County to support police facilities; • $601.06 per single-family residential unit to the County to support fire facilities; • $263.15 per single-family residential unit to the County to support solid waste facilities; • $5,605.09 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. The applicant may receive a credit against the fair share contribution required for the road and traffic improvements in the amount of the costs of land and construction of the improvements to Hualalai Road described in Conditions H and I respectively herein. T. 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. U. The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. V. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 4 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension 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 Depai niient 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. 5 ."t;.'L.f.-f '• -•iii COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE 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—FIVE ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET(RS-15)AT KAHULUI 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043. 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 Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahului 2nd,North Kona,Hawai`i, shall be Single-Family Residential— 15,000 square feet (RS-15): Beginning at the Southwesterly corner of this parcel of land,being also the Southeasterly corner of Lot D,the Northeasterly corner of Lot 131 of Pualani Estates subdivision and a point on the Northwesterly side of Royal Patent 6716 Land Commission Award 4887,Apana 2 to Thomas Sams the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAHELO"being 1,894.92 feet North, 6,654.29 feet East and running by azimuths measured clockwise from True South: Thence, along Lot D, and the remainder of Royal Patent 1669,Land Commission Award 8516-B,Apana 3 to Kamaikui: 1. 158° 16' 12" 715.98 feet to a point; Thence, for the next two (2) courses following along the Southerly side of Hualalai Road: 2. 250° 07' 30" 24.88 feet to a point; -1- 3. 258° 39' 30" 35.12 feet to a point; Thence along Lot 1: 4. 252° 53' 25" 141.12 feet to a point; Thence along Lot 1; along the middle of a stonewall and along Grant 983 to Kipola: 5. 256° 21' 32" 281.08 feet to a point; Thence, for the next two (2) courses along Lot 1 and the remainder of Royal Patent 1669 Land Commission Award 8516-B Apana 3 to Kamaikui: 6. 347° 08' 00" 126.74 feet to a point; 7. 257° 08' 00" 184.67 feet to a point; Thence, for the next twenty eight(28) courses following along the Southerly side of Hualalai Road: 8. 306° 24' 30" 14.19 feet to a point; 9. 300° 46' 30" 34.99 feet to a point; 10. 297° 35' 30" 64.03 feet to a point; 11. 300° 44' 30" 34.78 feet to a point; 12. 307° 05' 30" 41.37 feet to a point; 13. 302° 23' 30" 38.59 feet to a point; 14. 303° 03' 00" 22.82 feet to a point; 15. 290° 19' 00" 20.64 feet to a point; 16. 279° 35' 30" 23.87 feet to a point; 17. 273° 18' 30" 25.35 feet to a point; 18. 264° 35' 30" 92.14 feet to a point; -2- 19. 268° 18' 00" 54.95 feet to a point; 20. 274° 07' 00" 37.18 feet to a point; 21. 278° 01' 30" 51.30 feet to a point; 22. 295° 14' 30" 22.05 feet to a point; 23. 308° 19' 30" 20.69 feet to a point; 24. 325° 39' 30" 20.68 feet to a point; 25. 334° 17' 30" 21.48 feet to a point; 26. 336° 02' 30" 33.82 feet to a point; 27. 340° 24' 30" 67.33 feet to a point; 28. 334° 52' 00" 6.52 feet to a point; 29. 341° 39' 30" 26.14 feet to a point; 30. 347° 00' 30" 72.51 feet to a point; 31. 350° 18' 30" 18.90 feet to a point; 32. 345° 48' 30" 19.77 feet to a point; 33. 329° 30' 30" 15.17 feet to a point; 34. 307° 10' 30" 42.94 feet to a point; 35. 316° 36' 30" 11.53 feet to a point; Thence for the next nineteen(19) courses along the middle of stonewall; along Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams: 36. 72° 44' 30" 66.50 feet to a point; 37. 74° 32' 20" 77.76 feet to a point; 38. 87° 49' 10" 36.53 feet to a point; -3- 39. 70° 17' 20" 80.56 feet to a point; 40. 80° 42' 40" 38.66 feet to a point; 41. 77° 56' 10" 30.09 feet to a point; 42. 85° 08' 40" 56.81 feet to a point; 43. 95° 30' 20" 32.20 feet to a point; 44. 83° 15' 10" 37.88 feet to a point; 45. 93° 22' 50" 40.53 feet to a point; 46. 78° 31' 30" 30.97 feet to a point; 47. 67° 43' 30" 25.01 feet to a point; 48. 83° 04' 15" 75.51 feet to a point; 49. 76° 43' 50" 56.82 feet to a point; 50. 79° 32' 10" 85.53 feet to a point; 51. 70° 31' 50" 49.92 feet to a point; 52. 81° 42' 30" 63.08 feet to a point; 53. 77° 02' 50" 54.92 feet to a point; 54. 76° 18' 30" 192.73 feet to a point of beginning and containing an area of 14.968 Acres,more or less. 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 -4- (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. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5- 7 A-la AGRICULTURAL.FIVE ACRES(A-5a) TO SINGLE-FAMILY RESIDENTIAL- 15,000 SQ.FT(RS-15) 14.988 ACRES TOTAL * ,, , % 41111111/16, t)1‘111 s _ R5-10 N OwerAirlii 1,894.92 N 'xnr♦ELa� A-5a 00 1:iiUleritl‘111 1IIIL1r!L t#II 20 0 250 500 Feet 1,000 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTIONS 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 - FIVE ACRES (A-5a) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT KAHULUI 2nd, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)7-5-017:043 DATE:Feb 8,2012 EXHIBIT"A" Hualalai Partners of Kona,LLC LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 18,2013 A regularly advertised hearing on the applications of HUALALAI PARTNERS OF KONA,LLC (SLU-13-038/REZ-13-164) was called to order at 10:20 a.m. in the West Hawaii Civic Center, Community Center,Building G,74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii,with Vice Chair Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet,Thomas Hickcox,Richard Nelson,III and Thomas Whittemore ABSENT AND EXCUSED: Geraldine Giffin ALSO PRESENT: Bobby Command(Deputy Planning Director),Margaret Masunaga(Deputy Corporation Counsel),Daryn Arai(Planning Program Manager),Jeff Darrow(Planner), Kiran Emler(Department of Public Works,Engineering Division) and Noriko Sauer(Commission Secretary) And approximately 50 people from the public in attendance. APPLICANT: HUALALAI PARTNERS OF KONA,LLC (SLU-13-038/REZ-13-164) State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5-acres(A-5a)to Single-Family Residential-15,000 square feet(RS-15)for approximately 14.968 acres of land. The property is located southwest of the intersection of Kahului-Hienaloli Road and Hualalai Road,north of the Sugar Cane Lane Subdivision, Kahului 2"d, North Kona,Hawaii,TMK: 7-5-017:043. BEAUDET: Today's third applicant is Hualalai Partners of Kona,LLC,requesting for State Land Use boundary amendment from Agricultural to Urban and a change of zone from Agricultural 5- acres to Single-Family 15,000 square feet,or RS-15,for approximately 14.968 acres. The property is located southwest of the intersection of Kahului-Hienaloli Road and Hualalai Road,north of the Sugar Cane Lane Subdivision,and located in North Kona,TMK: 7-5-017-043. Staff? ARAI: Thank you very much. Good morning,Mr.Chairman. Good morning,Commissioners. The applications you have before you today are a State Land Use boundary amendment application and a change of zone application. Like the other two applications that you just heard, you will be considering this application and offering your recommendation to the Hawaii County Council who will make the final determination regarding these requests. That being said, if I may direct your attention to the presentation screen. This is the location map showing the location of the subject property, which is outlined here in black. You may, as a point of reference, this white line running basically top to the bottom of the map is the Queen Ka`ahumanu Highway, Kuakini Highway alignment. Hualalai Road comes off of Kuakini,and basically runs to the right of the map,as you can follow with my pointer. The subdivisions in the vicinity include Pualani Estates indicated here with the yellow color, you have Hualalai Heights in this particular location just south of the subject property,and Kona Orchards here just off to the 1 Attachment to: Comm. 485 1s 143 & 144 right on the opposite side of Hienaloli. Zooming in,you can see greater detail. Again,the subject property here is outlined in black, and is situated itself on land designated Agricultural 5-acres by the Zoning Code. Off to your left,which is makai,is another property, which recently received Residential zoning designation back in 2010. The property is commonly referred to as the Hu Ko Pa project. This is the General Plan Land Use Pattern Allocation Guide Map. As you can see,the map itself shows the location of the Urban Expansion Area as indicated by this crosshatch designation. This green color off to the right is Intensive Agricultural,and the yellow colors represent Residential,or Low-density Urban I should say,which is consistent with the single-family residential type of uses. Back in 2010 the planning director did interpret the subject property as being situated entirely within the General Plan Urban Expansion Area. This is a map depicting the State Land Use District Boundaries within the area. The pink color represents those lands designated Urban,or for Urban uses. The green represents those lands designated for Agricultural uses. The yellow color here off to the right,which encompasses the Kona Orchard Subdivision, among others, is designated for Rural type of uses. Again,one of the applications you have before you today is to change the State Land Use District classification of the property from Agriculture to Urban. This is a map that is showing the Kona Community Development Plan. As you can see by this red line here,it basically outlines the Kona Urban Area. The subject property is situated right here where my pointer is showing,and as depicted on this map,it does straddle the boundary of the Kona Urban Area. However, as you may have noticed,the boundary of the Kona Urban Area aligns itself with the General Plan Land Use Pattern Allocation Guide Map for Urban Expansion type of uses,and since the planning director interpreted that the entire property falls within the General Plan Urban Expansion Area,likewise,the property would therefore fall within the Urban Area as depicted by the Kona Community Development Plan. And if there are any perceived conflicts between those two plans,the General Plan will prevail. This is an aerial photo showing some detail of the project site,which is again outlined in black,as indicated by my pointer. You may notice some additional references,for example,Pualani Estates in this particular location just to the southwest,Hualalai Heights off in this particular location here. The applicant is requesting,as I mentioned, a State Land Use boundary amendment from Agriculture to Urban,a change of zone from Agricultural 5-acres minimum lot size to Single-Family Residential 15,000 square feet minimum lot size for approximately 14.968 acres of land. The reason for the request is to propose a 43-lot subdivision. The project itself will provide for future road connectivity with the adjoining Parcel 42,which is located makai,or west of the project site,and commonly referred to as the Hu Ko Pa project. Improvements will include a stub-out for a future extension for Pualena Street through Parcel 22, which is located to the south, to eventually connect with Puapuaanui Road,which then extends west all the way to Kuakini Highway. Should the rezoning be approved, the applicant intends to submit the application for a planned unit development for flexibility in design and selection of smaller lot sizes with the minimum lot size of 10,000 square feet to be accessed by non-dedicable roadways. This is a concept map provided by the applicant. As you can see, Hualalai Road is located at the top of the map, running in this location here with makai being off to the left of this concept site plan. You can see the interior proposed roadway sections with the stub-out to the south that will eventually connect with Pualena Street once development of the southern property is pursued,and it 2 will provide interconnection with the proposed Hu Ko Pa project, which is located adjacent and makai of this particular project site. What the colors you see here represent is a distribution of lots that,should the planned unit development permit be approved,that will provide the applicant flexibility of siting lots about roughly 10,000 square feet on the makai portion of the project site and larger 15,000-square foot lots here along the mauka side bordering HualAlai Road. This is just a closer aerial photo of the project site,and sorry that it's not outlined,but the project site is located in this particular area here. And again,this is a closer view of the property, which is basically in this section. This is a view looking northbound along HualAlai,Hualalai Road,I should say, and as you can see, this is Hienaloli Road off in the distance. And HualAlai would basically dive down toward the left,with the project site located in this particular location here. This is once you get onto HualAlai Road,basically looking westbound,or makai,and Hienaloli Road is just behind me. This is again a few steps father down, looking,continuing to look makai along HualAlai Road;the subject property once again located off to your left. And this is basically looking mauka-bound along Hualalai Road;the project site is located off to your right this time,and we are trying to situate ourselves where the proposed access onto Hualalai would be. The applicant's site plan,and I failed to mention it earlier,is indicating a proposed access point onto Hualalai Road,and we believe it's in this particular location here; however, the applicant's proposal is for primary access to the subdivision to basically be provided by the extension of Pualena Street, which then connects to Hu Ko Pa development to the makai side of the project site,which then connect with through roadways within Pualani Estates and onto Puapuaanui Street,which then makes its way to the signalized and channelized intersection with Kuakini. The Planning Director is recommending favorable consideration of the State Land Use boundary amendment and a County change of zone request for the reasons and with the conditions as he has provided to you. I would like to make,bring your attention to one error that we,I would like to correct on the record. If you were to look at your background report,Page 5,basically in the middle of Page 5 just above Item No. 24 regarding Water,there is a sentence that speaks to the Department of,"The DPW indicated that additional comments will be provided at the time a separate PUC application is filed with the Planning Department." That's a wrong acronym;it should actually say "PUD,"which is the acronym of Planned Unit Development application. So I would like to make the correction on the record. We have also received a number of written testimonies just, that was submitted earlier along with the recommendation report by the Planning Director,as well as we received this morning by the general public. Copies of the written testimony has been provided to all of you. And I have noted that all of those providing written testimony have also signed up to testify before you today. So with that, I stand ready to answer any questions that you may have. BEAUDET: Commissioners,any questions of staff? Okay. With that, I would like to invite the applicant and its representatives to please come forward. Thank you. Would you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Leeward Planning Commission? REPRESENTATIVES: I do. BEAUDET: Thank you. LIM: Good morning,Mr. Chairman and Members of the Commission. Steven Lim from Carlsmith representing the applicant, Hualalai Partners of Kona,LLC. Our manager, Frederick"Ted" Barrett, 3 had to be out of the country at this meeting,but today with me are his sons,the Barrett brothers, Lee,Al and Rick,as you go down the table. Thank you for hearing our application. We have been here before, and I think at least two of you were there the last time that we came in 2010. The applicant's proposal is for 43 lots. And we've met with the community and been through the process since really 2006. The proposal has changed from smaller lots to bigger lots,and effectively,what we are at,and the market has changed at the same time,so effectively, what you see proposes 43 Iots,and if you can shoot—can you change the graphic to the project plan? Thanks,Daryn. So you can,the darker green is at the mauka side of the property with Hualalai Road running down on the north side, and to the bottom of the picture is the south side of the property,and that's the extension into the next door property, which is vacant,what they call Pualena Street Extension. We are proposing to do a 50-foot wide minor street standard, and dedicate that to the County at no cost. The street would connect up through the vacant property at some point in time to the Sugar Cane Lane Subdivision,which is also a 50-foot wide dedicated, dedicable minor street. That leads into some of our comments on the background and the proposed conditions. I think I'll get to that towards the end of our presentation. But I think what you will probably hear after we are done at the table here is that you will hear a lot of testimony from the adjoining residents,and I think most of them are related to density, traffic,and those are things that we see as major points now. We've had our traffic study conducted for both the Puapuaanui Street side and also the Hualalai Road side,and the proposed access will come through this project;the primary access will be down through the project into the Hu Ko Pa project, which is below it,and onto Hualalai and also in the southerly direction down Paulehia Street to Puapuaanui Street and into the signalized intersection at Queen K Highway. We expect most of the traffic will go in the direction just as a matter of ease of traffic flow. What you see on this project plan is evolution based upon some of the discussions with the Council and the community. And I think the pink entry of the project way onto Hualalai Road is the result of one of the suggestions from the Council the last time we went through there in terms of expressing some concern on it being a big cul-de-sac,and so you should have another entry out onto Hualalai Road. Now,whether that's going to work out in the end engineering-wise or traffic-wise is another question;we checked with our engineer,and the particular Iocation out onto Hualalai Road that you can see with the pink trees, I think they are,that is possible with a design speed of approximately 30 miles per hour,which I think is the current speed limit on Hualalai Road. Twenty-five? Twenty-five,excuse me. So that's possible,not optimum. What we may end up doing is to combine the access from the Hu Ko Pa project,which is makai,and the access from this project in one location just about at the boundary of the two projects, because that is the best location for the project access in terms of sight distance and safety. The advantages of the project that the County will get is that you will get a north-south connectivity both from the Pualena Street Extension,excuse me,the Pualena Street Extension when that gets extended, and you will also have it from the Paulehia Street Extension through the makai property, Hu Ko Pa,because we'll connect that up to the project. You'll also get I think well-needed improvements to Hualalai Road;everybody recognizes that's a substandard road both in terms of construction and right-of-way. So this project will be contributing the additional right-of-way and constructing the improvements of Hualalai Road on its side of the property, so it will increase the traffic safety in that area. One of our proposed revisions to the conditions of approval relates to the issue, and that would be proposed condition of approval I,like in India,the condition relates to the improvements of 4 Hualalai Road,and it says,"The applicant shall provide improvements to HualMlai Road along the entire frontage of parcels 30 and 43 and transitions consisting of,but not limited to,grading, pavement widening,resurfacing,drainage improvements,and any relocation of utilities,meeting with the approval of the Department of Public Works." We are going to request that the Commission delete the reference to Parcel 30. Parcel 30 is the notch-out that's right next to the pink portion on the project. That's an approximately one-acre Iot or so that's owned by Waiaha System,and that's going to be a County water tank. We don't control the frontage of that lot along HualMlai Road. So we would request deletion of the reference to Parcel 30. This will be consistent with what was recommended and approved by the Planning Commission in the 2010 rezoning effort. As part of the dedication of the improvements along HualMlai Road,we are also recommending that the Planning Commission substitute the existing Condition G,which states,"All connecting roadways shall be constructed to dedicable standards and dedicated to the County or open to public traffic. Concrete curbs,gutters,and sidewalks should be required in areas of pedestrian traffic." In the last rezoning effort,the Planning Commission approved a Condition G, which was essentially the same subject matter, and it was a little bit more detailed and it reflects our negotiations with the Department of Public Works. Understand that, you know, when we first started,there was no Kona CDP, and as we went through the process, the Kona CDP came into effect. And at the first instance no one really knew what that meant. Then as we got further on through,we found out,you know, what we had to do with respect to compliance. And this Condition G that we had in the 2010 effort, which the Planning Commission approved,I think correctly expresses our agreement with Public Works at the time. And I'll read that to you: Condition G that we would recommend is from the 2010 recommendation and it says, "The applicant shall construct within the proposed subdivision a connected road system that includes its primary subdivision access road and the future extension of Pualena Street to `Minor Street' dedicable standards and dedicate at no cost to the County. Concrete curb,gutter and sidewalks shall be provided in areas of pedestrian traffic in conformance with adjoining development and the Department of Public Works' policy. No security gate shall be installed on any roadway or entrance to this project. The developer,homeowner and/or the homeowner's association shall be responsible for any landscaping within the right-of-way(s), meeting with the approval of the Department of Public Works,and shall repair any public facility damaged by the landscaping." So that's a little bit more detailed than your current Condition G,and subject to Public Works' concurrence,we think it accurately reflects our negotiations with them to this point. Other benefits to the County are,at the present time on drainage, the issue of drainage,mauka is on the right side of the picture,at the present time while we are not within any FEMA floodway,we are informed early on by the Department of Public Works that there is some existing drainage coming from the Kona Orchard Subdivision and properties above us,coming across HualMlai Road and going through the project. So we engaged an engineer, and I think we are probably on the fourth revision of the report with Public Works' assistance, so we are pretty close. But effectively, what we are doing is to try to handle as much of the downstream flow as possible, you know. You may know from your work from other projects that the landowners typically don't have a duty to take care of the mauka flows;all they do is they have a duty not to cause more flows or to channelize into one point. The developers in this case recognize it will be in everybody's best interest to cooperate with the other landowners and to create a drainage system that works for the surrounding area,and so we are going to be doing, proposing a drainage system that creates an open area at the mauka portion of the park with drywells along the top,then some drywells that are 5 coming down the street. And we think that will handle a lot of the existing drainage that is going down,which is really not our problem but we recognize it,we have to do something about it,if we are going to develop the project. So that will help the existing drainage condition even without the project. Other benefits to the County are the provision of four affordable units whether that's in terms of affordable credits or constructing units, we don't know at this time; it's still too early to tell. But it will be another benefit to the County. And one of the other side benefits to the County is actually a big benefit to the Department of Water Supply. This particular project and the Hu Ko Pa project below it are members in the Waiaha Water System that is being developed through Dan Bolton's efforts,and he's underway now, grading the water tank sites. We heard he's got the pipe ordered on site already,so he's projecting for completion of the water system by first quarter to second quarter of next year. What that will do is that will, this Waiaha Water System will enable the Department of Water Supply to take advantage of its very good Waiaha well that's been up there for over ten years, I think,and they didn't ever have the means and the easements to bring the water down to Queen K. So what this Waiaha Water System will do is it will allow them to bring the water down,put it into Queen K Highway,service these and many other projects. What it will also do is it will allow the Department of Water Supply now to uncap the valve that's at the HonokOhau Harbor, and allow the water to go north to the airport;right now the water doesn't,from Keauhou,from the Kahalu`u shaft,doesn't go past HonokOhau Harbor because of lack of supply. This new supply will allow them to then push the water all the way to the airport,and will help all those projects out there, too. So there are many benefits of the project that we believe is, warrants the approval of the project. We know that there is community opposition. We believe that Hualalai Road is a clear demarcation between the agricultural,rural type uses and the urban uses. And we believe that it is in compliance with the General Plan and the Kona Community Development Plan. L.BARRETT: Good morning,Chair. Good morning,Commissioners. We have met with the community on six different occasions and talked about some of the different issues that they had and,traffic was brought up,drainage,some trees issues were brought up,density was the biggest issue and it's always been the biggest issue. So we did revise our plan to include 15,000-square foot lots along the border of Hualalai Road,and then the minimum lot size is 10,000 square feet now. And as Mr. Lim suggested,we also put a connector road onto Hualalai Road,working with the DPW. And as of right now,we believe that the density is still the only issue that may be coming forward,but with the advantages of what we are providing to the County, we feel that the 43 lots will not burden the County on any of the agencies. That's all. Thank you. LIM: The last thing that I had in terms of the conditions of approval is at Condition S, which is a fair share contribution condition; at the end of S on Page 4 of your conditions of approval is credits given for,against the fair share contribution for road and traffic improvements. Those are for the improvements to Hualalai Road. We'd also like to add,in addition to Conditions H and I, which relate to Hualalai Road, a credit for the cost of the north-south connector road in Condition G as mentioned in either the existing Condition G or our proposed new Condition G. That is something that is required more by the County than by the developer,and typically the Planning Commission have given credits for that. We recognize that this north-south connector may have been required as a private road anyway,so I think in terms of the credits we would ask that we be given credits for 6 the difference between a private road and the County dedicable road. That will be the fairest way to do that. That's all for the applicant. Thank you very much. We've reviewed the background report and recommendations,and have no other comments. BEAUDET: Commissioners,any comments or questions of the applicant? I'd like to just clarify your last request one more time,just for me so that I'm clear on what you are asking as far as the additional credit. LIM: Okay. Whether it's the old condition,or I guess your Condition G or our proposed Condition G,they both talk about the Pualena Street extension through the project that's,by the Kona CDP, being required to be a County dedicable road. So we are proposing that the applicant,because it's not their project,it's really the County's requirement, that we get credit for the difference between what we would have built ordinarily at the private road standard and the County dedicable minor street standard. BEAUDET: Okay. And if we could return back to the conversation on the proposed water improvements,how much gallons per day would this development add to the County system? Because you have spoken of a limitation on a daily volume available as such water couldn't be pumped beyond Honokohau Harbor to the airport. LIM: Right. That's a DWS system-wide issue. Like I said,today water is not coming from the Kahalu`u shaft,which is one of their main sources of water pumping north. It's not going past Honokohau Harbor. What will happen when the Waiaha System gets fully built out is they are going to release the valve and water is now going to flow all the way up to the airport,which is going to serve the airport,NELHA,the Department of Agriculture lots mauka of the airport, that whole area, which is having a hard time getting service right now, they have very poor water pressure. So the present applicant in contributing to the development of the project as one of its members is going to be assisting with the overall health of the water system in Kona. BEAUDET: Thank you. WHITTEMORE: Brandi? BEAUDET: Go ahead. WHITTEMORE: Steve,if we can go back to your request on I,Condition I,I'm trying to understand the rationale of exempting the roadway frontage improvements on Lot 30,given that HualJlai Road is a known traffic issue,and I would assume that in your request then that becomes the obligation of the County for that section fronting Lot 30? LIM: We don't know. Right now, like I said,Lot 30 is going to be developed as a water tank by Dan Bolton as part of the Waiaha System project. We don't control the land, so if you tell us to go improve that roadway frontage, we don't have any ability to do that. WHITTEMORE: But your property skirts both sides, I mean on the makai side you probably have a section of,what would be a point of improving 20 feet of roadway, or whatever it is a small section, and then leaving an existing road, and then continuing on with improvement? I'm just trying to understand the rationale. I understand the monetary thing,but just from the community perspective-. LIM: No,it's more,it's more legal ability to do it; we don't have the ability to improve someone else's property. WHITTEMORE: Okay,but wasn't this discussion occurred with the Planning Department prior to, because it was incorporated into the conditions here? This was not-. LIM: No. No,and in fact,the last time around, as I pointed out to the staff, the Parcel 30 was not included because legally we cannot improve that parcel. The last time around it was exactly what I've proposed,which is we will improve the whole frontage of this property on Hualalai Road,but we can't improve somebody else's property. WHITTEMORE: Okay. LIM: One thing to, that the County could consider is to talk to the Department of Water Supply and see if that can happen while the improvements are going on right now on Hualalai Road. WHITTEMORE: But that would become a County burden financially. LIM: That's correct. That's correct. We would be paying for some of that through our impact fees,or fair share assessments,but it's something that even if you told us to do it, we couldn't. BEAUDET: So,Steve,can you identify the lot in question,or,staff, if you could point that out. LIM: It's right where the notch is there on the top of the page. It's the water tank site over there. DARROW: We have Hualalai Road in this area,and then it's in between. BEAUDET: So just to clarify from a legal standpoint you are asking to remove the identification of Parcel 30,since you guys don't have legal authority over the parcel, but retain Parcel 43 in the condition. LIM: That's correct. You can see the Parcel 30,which is right outside where Jeff is pointing,on the north side of the notch of the property. BEAUDET: So by removing Parcel 30 would remove the obligation of how many feet of frontage of road improvement approximately? LIM: I don't know,just based upon the pictures,my client is saying six or 700 feet. And this is a property that's going to be, if it hasn't already been done,it's going to be dedicated to the County Department of Water Supply,so they will have control of that. BEAUDET: Okay,and I think your response to Commissioner Whittemore was that the County could accommodate those improvements via the fees that would be, the entitlement fees that would be paid by the project,right? 8 • LIM: That's typically how it's done,yes. WHITTEMORE: Brandi,just to clarify. In the conditions here,it doesn't make any reference to the roadway, that I'm reading, makai,that fronts makai parcel; it just says Lot 43,which I was referring to as that short section. It obviously extends down,but the condition here as is presented does not make any reference to the makai lot. I don't know, I'm sorry, I don't know what the number of that-. LIM: The makai Hu Ko Pa project is required to improve Hualalai Road along its frontage also. WHII'1'EMORE: They are. LIM: Yes,that's correct. WHII-1EMORE: Well,then why was the representation made that you would be covering that? Or did I misinterpret some there? LIM: No,no, we were just talking about this project frontage here. WHI'1TEMORE: So you have no obligation with the makai lot on Hualalai Road in improving that. LIM: Not Hualalai Partners of Kona. It's the Hu Ko Pa LLC people who are obligated to do that. WHITTEMORE: Okay,okay,I misunderstood that,sorry. HICKCOX: Mr. Chair? BEAUDET: Yes. HICKCOX: Just for clarification, is there any connection between this particular proposal and the Hu Ko Pa proposal? LIM: Yes. What happened,we did this in 2010 before,but essentially what happened was they are related by not legally but by family. The Hu Ko Pa project was initially owned by the Barrett brothers who you see sitting here with me,and the Hualalai Partners project was owned by their dad,Frederick`Ted"Barrett. And they both had a common partner,and they were going to develop separate projects essentially. What happened was in about 2006-ish or so the partner decided he no longer wanted to participate in the development,and so they searched around for others to buy and they couldn't find anybody, so the family essentially bought it. So the brothers have bought into both subsequently. They are separate LLCs, separate legal entities, separate money and all that stuff. So, yes, they are related by family but not legally. HICKCOX: I see. And another question,please, if 1 may. Any idea on when these proposed build-outs to Pualena and the makai street that are going to be completed? LIM: No. I think a lot of it depends upon the market,and I think we see hopefully that, you know, some of the market is coming back. What, some of the challenges that this project has had is that they've gone on and the markets have come and gone, and so they had to rethink what size lot, you 9 know,how many lots that they need. Effectively,the infrastructure that you see on the map,the roads,the sewer,the drainage that will stage pretty constant with this project, is difficult to develop because it's kind of a sloping terrain going down. So that's why we wanted to use a PUD to give us more flexibility. And originally on this project plan,they had smaller lots, I think,down to 8,000 or 9,000 square feet just to take advantage and minimize the grading. But in response to the community's concerns,they are now at a minimum of 10,000 square feet,trying to arrange all of the larger 15,000-square foot lot along the HualAlai Road that abuts the neighbors. So the timing of the build-out,because they are related in terms of the access out to HualAlai Road, my expectation is that they are going to try to develop them both at about the same time. They don't have to do that, but the likelihood is if they are going to mobilize for one project,it's going to be a lot less expansive to mobilize for both projects. The access down to the PauIehia Street, which is the makai road going out to Pualani and down to the Queen K Highway,that one will be the important road to go through,and I think that for purposes of that project there at a planned unit development approval,we've got that already,and we are waiting for the subdivision pending the outcome of this project,because as we discussed,the drainage and all the other things kind of tie in to the makai property. And the water, too,is we finally got the water revised in early 2013,because they had an agreement but what happened was because of the poor real estate market,all the people who had signed up to do the Waiaha System agreement just fell out, and so we redid that,and so the water was one of the big impediments. HICKCOX: Yeah,one of the concerns I have,I mean I know we are dealing with this specific application itself,but if you look at the big picture,you are looking at actually incorporating these two proposals together as one, and the impact of what's going to happen with this increase in density in the area,though it's applicable by law,I understand that, the infrastructure itself, as far as the roads are concerned,the existing roads,that are being proposed to tie in to,you know, I mean,I don't know, I'm not really a traffic expert in any way,shape or form,but from a commonsense point of view,if there is a tie-in with these subdivisions and there is no improvement to the surrounding existing infrastructure other than the proposal on HualAlai,etc.,it's going to be a cluster in there some place, I mean there's a lot of lots. LIM: What's happening is,you know,the Kona Community Development Plan requires the north-south connector roads. And that was the whole problem with Kona,because you're developing from Queen K up or down effectively in kind of big cul-de-sacs;you don't have north- south roads going. So that's what the development of this project and the Hu Ko Pa project will do is it's going to bring these north-south roads,so not everybody has to go down to Queen K to go north. Hopefully, at some point in time it will go all the way north,then you will have a multiple set of roads doing that. But I think that,you know,both because of the Kona Community Development Plan and the original subdivision of these lots,there was a declaration of agreement for the subdivision that created these,all these lots,and effectively that was recorded in the Bureau of Conveyances against all the lots. And it says that the future owners of all the lots,A,B,C, D and E, shall agree to coordinate development of access,water system,sewer system,drainage improvements and all utilities to service the lots. And so that's effectively what we are doing is trying to coordinate the drainage, the traffic, the water,and, you know, in accordance with this agreement. The Kona Community Development Plan counsels to do that anyway. But I think that this will assist in developing of the urban core of Kona. The Kona Community Development Plan says to allocate development first to the Kona Urban Area,and we are within the Kona Urban Area. 10 HICKCOX: And one last question I have. Is there any consideration being given to open space issue,such as parks,etc.,within this,these two proposals actually? L. BARRETT: Yes, we have addressed the concern with the frontage along HualAlai Road to take people off of HualAlai Road. There will be an easement along,also Lot 30,a 10-foot easement all along that. Mauka of the property to the right of the page there,there is also a walkway to get people off of Hualalai Road. And when we met with the community,there were several concerns about either a park or some open space,and it was pretty divided when we met with them, and we feel that we did address the green space by the frontage along Hualalai Road. HICKCOX: Thank you. BEAUDET: Steve,question on the connector road connecting to HualAlai, what's that,Colony or-. MASUNAGA: Pualena? BEAUDET: Pualena Street. LIM: Pualena. Okay,if you look at your application Exhibit 10,that will show you kind of a streetscape of the surrounding areas. BEAUDET: So my question is Parcel 22,which lies just south of the project area. What is the projected timing of the development of that additional access road? Because the project doesn't have control over Parcel 22? LIM: That's correct. BEAUDET: So when,what triggers the development of that additional road,that extension? LIM: There is no requirement for the property to be developed in any particular time frame other than what the property owner wants to do. All we can do on our end is to plan in and construct our portion of the roads so that when he comes in,I'm sure he'll be required. You can see to the south of that Parcel 22 is what they call the Sugar Cane Lane Subdivision, and that has a 50-foot wide right-of-way that's to be dedicated to the County, and it continues on through the Huai-Alai Heights Subdivision to Puapuaanui Drive,and that was the intended north-south roadway. So we are trying to recognize the north-south roadway connection while still managing and dealing with the poor conditions on Hualalai Road. That's why we are coming down the project and out on Hualalai Road at the area where there is most sight distance and the safest exit. BEAUDET: And where on Hualalai Road does that intersect? I don't know if there is a, there was a map that showed it going through. LIM: Yeah,if you have Exhibit 10 in our application,it's presently planned for just off the map to the left hand side,just makai of the project area; you can see it coming from Paulehia Street in Pualani Estates north and it curves up. Basically,we had to redesign that roadway so that it met the County's dedicable standards. So right now we haven't done the detailed engineering,so we don't know if exactly that's where it's going to be;it might come onto this property in part. But that's the area of HualMai Road where it's safest to get out. 11 BEAUDET: Thank you. Commissioners, any more questions or comments for the applicant? Okay,applicants,thank you for your time and your comments. We are going to follow with just a short five-minute break, and we will follow that with testimony. Right now in front of me I have 21 testifiers that have requested to speak,and I will be calling up six of you at a time in accordance with your sign-in. I would just like to remind everybody that in respect of time and everyone's day, we will adhere to the three-minute time frame. Some of you that have signed up have already provided written testimony, and we have gone through, I just want to assure you that we have gone through your written testimony,and we have,we understand where you are at,but so please if you had intended to read your testimony, if you could summarize that and be as succinct as you can be, we would appreciate that. So with that,we will adjourn for five minutes and then reconvene after that. Thank you. RECESSED The Vice Chair called a recess at 11:10 a.m. RECONVENED The meeting reconvened at 11:25 a.m. BEAUDET: Mahalo for allowing us this break. I think we are all ready to go, so I would like to recall to order today's Hawaii County Leeward Planning Commission on our third agenda item, Hualalai Partners. And we will commence with public testimony, and I would like to call to the front,and please forgive me if I pronounce your names incorrectly,I will try my best Joel Gimpel, Harold Murata,Joel Cooperson, Andy Archibald, Ed Schulman and Erick Tucker. I would like to ask all of you to please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Leeward Planning Commission? TESTIFIERS: I do. BEAUDET: Thank you. Starting from the right,I would like to ask each testifier to speak directly into the mike,and we will just go through a quick introduction of each of you,and then we'll start from your right. And Margaret will be holding the time cards, so please be respectful of all of us who want to testify today. Mahalo. MURATA: Do I start? BEAUDET: Start with,I would like for each of you just to introduce yourself,and then you would speak first after their introduction. MURATA: My name is Harold Murata,and I live in Keauhou Mauka. SCHULMAN: Good morning. Ed Schulman. I'm a resident of Hualalai Colony. TUCKER: Good morning. I'm Eric Tucker, and I live at 75-659 Makapono. GIMPEL: Aloha. I'm Joel Gimpel. I'm Public Relations Chair for the Kona Traffic Safety Committee,and I reside in Pualani Estates. COOPERSON: Aloha. My name is Joel Cooperson,and I live at Heights at Hualalai. 12 ARCHIBALD: Aloha. Andy Archibald. I'm a resident of Hualalai Colony. BEAUDET: Thank you. Mr. Murata? MURATA: Thank you. Commissioners and staff,good morning. I have submitted my written testimony, and I assume that you have read it,so I'll just expand or augment on that. And I also would like to in my summary adlib on some of the drawings that were presented on the slides. I express my perspective not as a resident in the vicinity of the project but as a member of the troubling public on Hualalai Road, and that's my focus. Hualalai Road has been a country farm road with farm residences,and here and there the, what I call the donkey-engineered road is narrow and winding. And many things have happened;more houses have been built and there are more intersections,which make the road,which raises some traffic safety issues to me. So with that, that's becoming problematic because of the creeping urbanization. One of the drawings showed the green,the Land Use Pattern,and pink also;what I see is lots of pink and less green,which means more concrete and more asphalt and more urbanization. So if it continued to do that and that kind of buildup occurs and if the infrastructure is not addressed property,that's going to be bigger problems of traffic movement and traffic safety. I would like to say that,to the deciders, that, of this application,please,please give a balanced consideration between urban growth and the public infrastructure needs. Thank you. SCHULMAN: Good morning and aloha. In keeping with the Chair's request we limit our comments to three minutes or less, I've submitted written testimony. My summary is as follows: I've been a 23-year resident of Hualalai Colony and I've traversed Hualalai Road numerous times, more numerous to mention. And in the 23-year experience,I've experienced various traffic conditions,flooding,debris crossing the road. I think we should all be clear on matters,which are not in dispute: 1)It is a substandard road, no question,two lanes. There are no shoulders whatsoever to accommodate accidents or breakdowns of vehicles or emergency vehicles if traffic gets congested. The roadway in my 23 years of experience has been resurfaced once,and currently has numerous dips and potholes. Yesterday I counted the number of blind curves as I drove up from the Queen K to Hienaloli Road,which is the crossroad from my subdivision;there were eight blind curves. The concern I have is totally on public safety. The existing proposed connection from the subdivision of Hualalai Partners is unclear as to how it intends to merge ingress and egress traffic from Hualalai Road into the new subdivision. What are these improvements specifically going to be? Are they going to dedicate land along Hualalai Road as a shoulder,as an emergency merging lane? How are these issues going to be addressed? It's unclear. And given the number of accidents,which have occurred over Hualalai Colony Road,excuse me,Hualalai Road over the last 20 years in my experience,and the number of vehicles that careened over the embankment and lodged themselves in the gulch makai of Hualalai Road, this is a serious traffic hazard. And if you doubt in future that the addition of 800 units of traffic per day,emanating from not only the Barrett project but the three other contiguous lots,which are fully together,let's make no mistake about it, they are all going to feed into Hualalai Road because currently there is no other access. You are going to face a wrongful death action,I guarantee it; I guarantee there will be an accident,there will be a design issue brought up,and the County and the developers will be sued. So I implore the County to consider the specifics of what safety improvements can be made to Hualalai Road so as to accommodate merging ingress and egress traffic from the subdivisions,all four subdivisions. Thank you. 13 TUCKER: Eric Tucker,and I live off of Makapono Road,and as such fall within the 1,000-foot boundary of affected area of the development. I have to echo everyone else's talk so far. Hualalai is not a safe road as it is now. I drive it on a daily basis. We've all experienced the problems of it. To put not one but four neighborhoods, the ingress and egress onto it without major reconstruction of the road seems to be a liability that the County is simply opening themselves up to. I don't, I think that also during the build-out,the grub, the grade,and the build-out portion of this, I think Dan Bolton has done a very good job in terms of his construction project for the water tank,but it's a very small project compared to what we are contemplating here; I think that just the portion of it is going to create enormous hazards on the road itself. Thanks. GIMPEL: Good morning. The Kona Traffic Safety Committee has once again reviewed these applications for boundary amendment and change of zone,first filed in 2010, and we find that several serious concerns and questions that we,along with members of the Kona community,the Leeward Planning Commission and the Council's Planning Committee raised in the past haven't yet been satisfactorily addressed. We still have the following concerns: 1)Primary access would be located on HualAlai Road,which you know is a narrow winding two-lane roadway that isn't designed to accommodate safely either large commercial vehicles necessary for housing construction or a significant volume of automobile traffic. This planned project access is a blind intersection. The project driveway edge simply matches the existing roadway edge,and that driveway ingress and egress is unsafe. Safety consideration should also include details showing the correct and safe intersection geometry. It also should include elimination of visual obstructions, proper striping and signing are essential for comfortable and safe driving. We note particularly that the Hualalai Road-Highway 11 intersection,which would have to accommodate southbound left turns from Highway 19 isn't signalized,and that there is no right-turn access lane from HualAlai Road to Highway 11. Furthermore,although the lands along Hualalai Road between the proposed project and Highway 11 aren't yet developed,the potential for similar projects is Iikely to occur. Roadway access and safe circulation would be critical issues in future permit applications,so it's important we believe that this project set the appropriate minimum intersection standards. 2) Secondary access to the project would be through a residential street in Parcel 42,which is Hu Ko Pa,and Paulehia Street,a residential street in Pualani Estates. In addition to the more than 80 homes that are projected for Parcels 43 and 42,there are more than 40 homes in Pualani Estates that are likely to use Paulehia Street to access Puapuaanui Street and its intersection with Highway 11. Because that intersection is signalized and HualAlai Road is narrow and winding,we expect that most of the traffic from Parcels 43,42 and Pualani Estates intending to hit northbound on Highway 11 will use the Paulehia-Puapuaanui route rather than Hualalai Road. Indeed,the applicant's own traffic report forecasted 80 percent of the traffic from those two parcels will use the secondary access through Paulehia Street. And this,of course,raises serious safety concerns because of the many,many driveways on Paulehia Street;it's a residential street. I have two more points, very quickly. The applicant is,of course as you know, related to Hu Ko Pa, and because the-. BEAUDET: Excuse me, sir. GIMPEL: Yeah. BEAUDET: If you could wrap that up. 14 GIMPEL: I'm wrapping it up. BEAUDET: If I give everyone the privilege of a couple of more comments,then-. GIMPEL: Okay,I'm wrapping it up. BEAUDET: Yeah. GIMPEL: The subterfuge of not applying to the state Land Use Commission for this approval shouldn't be rewarded because of their relationship. Finally,we know that the applicant's assertion that there aren't any water conveyance systems like culverts present in or near the project is in error; there is a drainage culvert at the southeast corner of the property, and the culvert borders the south side of Parcel 42,which is owned by Hu Ko Pa. Thank you,and I'll be happy to answer any questions,if you have any. COOPERSON: Could I use that microphone and address the map over there? BEAUDET: Do you want to,would you prefer using the laser? COOPERSON: No, that's okay. I wouldn't know how to use that anyway. My name is Joel Cooperson. I'm a 44-year resident here in Kona. Of those 44 years I taught seventh and eighth graders for 31 at Holualoa,and then when they switched over at Kealakehe, Kealakehe Intermediate. Point I want to make is, and you've got my testimony over there and Pm not going to review very much of it,but I do want to address a few things that maybe you are not aware of. First,this whole section is 60 acres, and it was divided down into 14.95,96,just under 15 acres, which falls below the Land Use Commission scrutiny. It's not a coincidence that that happened, that some of it, which is at a pretty strategic spot, was sheared off and that's where a water tank is going to be located. Secondly,this is Sugar Cane,that's Sugar Cane Lane,there is a road here that they are talking about going through,and in talking to Barry Parker who is the developer of Sugar Cane,which by the way are 20,000 square feet,that easement hasn't been given; that road is not approved for this particular subdivision,which reduces their ability to come onto Puapuaanui Street. So,and all the lots in this area are 15,000-square foot,this is going to be 20,000 square feet, minimum size here is 15,000 square feet, and they want to come in with the 15,000 PUD when many of them are going to be 10,000 square feet. So basically,what they are doing is trying to ram a subdivision that is a little bit not appropriate for that area. Down below,maybe,because of Pualani; up there,all the lots are 15,000 square feet or more. Thank you. ARCHIBALD: Good morning again. Andy Archibald. I'm a resident of Hualalai Colony. I would like to share two nightmares with you. As an employee of the Department of Education of the State of Hawaii,I've worked in the two school districts in West Hawaii for four years. I've watched a school system ranked in the bottom ten percent of the country, and the school area ranked in the bottom ten percent of the state. And every student you add to this district it's going to burden an already failing school system. If you would like my assessment,please ask me on your own time; the nightmare takes more than three minutes. Hualalai Road is unsafe at any speed currently. Every car you add to the road is going to increase the burden of safety. Every time a utility pole goes down on the road, we are without phone,cable or electricity for two to thirty hours. Every time a car accident occurs on the road,the people there 15 have very few options. If we are trapped on Hienaloli Road by a car accident,our only egress is a rather questionable looking pile of rocks with asphalt on it euphemistically referred to as a trestle. Every time we cross the trestle,we are on lookout for Stephen King and a camera. Thank you. BEAUDET: Thank you. Commissioners,do you have any questions or comments for the testifiers? Thank you all. Next, I'd like to call up Mark Van Pernis,Tomoe Nimori,Tom Madson, Mary Kay McInnis,Mac McInnis and Normita Error? E-R-R-O-R? May I ask each of you to please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Leeward Planning Commission? TESTIFIERS: I do. BEAUDET: Thank you. Like the first group,if you all could just introduce yourselves first,and then we'll start at the far right with the testimony. MADSON: Tom Madson. VAN PERNIS: Mark Van Pernis. NIMORI: Tomoe Nimori. M. K.McINNIS: Mary Kay McInnis. M. McINNIS: Mac McInnis. ERROR: Normita Error. I live in Kona Orchards. BEAUDET: Thank you. Sir? MADSON: Yes. I'd like to start my testimony by affirming that this is not a 15-acre subdivision, other testifiers have done that; this is a 60-acre subdivision that is done 15 acres at a time to avoid going through the extra scrutiny that's required by the Land Use Commission and a very confident survey of all conditions. There is proposed approximately 200 homes in all 60 acres that's Lots 43, 42,41 and 40. That equates to about 1,000 trips per day in additional use,and I can guarantee you most of them are going to go up and down Hualalai Road,which is an unsafe substandard road. Before my time runs out, I want to talk about Parcel 30,which Mr. Whittemore very wisely brought up;I'm sure arrangements can be made for them to make the improvements along Parcel 30, because the owner is one of the participants in this 60-acre development. And that's very important,Mr. Whittemore brought up that what is the point of improving HualAlai Road,if you do a section here and a section there, and I've got the map,at the upper side and the lower side where touches and leave the section in between on the most dangerous curve on that street. I have pictures of,numerous pictures of accidents. Here is the latest, a telephone pole was knocked down recently, and,you can look at them, if you would like. And not more than two months ago a car went off Hualtlai Road and into a tree and lodged,completely off the ground in a tree off the road. All the guardrails on Hualiilai Road are,thank God they are there,because they are all caved in by cars. And there's at least a dozen cars between Queen K and the intersection of Hienaloli, which is the upper extent of this subdivision,that have just been abandoned; when they go off the road,they are totaled, so they figure it might as well just leave them. One other thing that's a little bit off the 16 subject is,I'll try to get up here,the applicant,right here is his property,their weeds grow ten, fifteen feet tall. If you are coming up Hualalai Road here and want to make a Ieft turn onto Hienaloli,you stop,say a prayer, and pull out your gun and shoot yourself in the head and hope it's not loaded,because there is no way to see. I've tried with the County,the owner of the property, about who is supposed to maintain visibility there, and the County says I don't know,everybody else,I even got out there with a hedge clipper one day it was so dangerous to make a left turn there. That's just one thing. I'm sorry my time is up,but I can say more. I'll pass the microphone. VAN PERNIS: What's important is what the Planning Department didn't tell you nor Mr. Lim has not told you. In fact, there is a big question whether(inaudible)favorable recommendation,the Planning Department did an independent investigation of all these things. Some developers play by the rules,and it's your job to make sure they all play by the rules. This property is part of a 60-acre RS-10 development,consisting of four 15-acre lots,B,C,E,D,those are,there is a map attached to Planning Director Yuen's conditional approval of the consolidation-resubdivision. The consolidation-resubdivision that's by a Bolton entity,which was carried out to avoid the state Land Use Commission process for a 60-acre development,by creating the false appearance of separate lots of less than 15 acres,which is separately processed by you. Two of these lots are controlled by Mr.James K. Schuler,the man who brought you condo vision a few years ago. The other two are controlled by Mr. Barrett,Sr. through family entities,which is Hu Ko Pa. There are major infrastructure problems for this 60-acre development,particularly on its makai end, which is in the(inaudible). Thus the division of the property into slightly less than 15-acre parcels to avoid the responsibilities of their 60-acre development,have the County and the tax payers pay for that. Are you going to aid them in this scheme? There are actually six lots. The additional two lots are mauka of the one along the highway, controlled by Bolton. The border lot I think 30 that Mr.Whittemore and others referred to was created as a result of this consolidation-resubdivision,and is under Bolton and the other owners' control;so it's logical that they also improve that particular part of the road. Planning Director Chris Yuen saw this ploy when this scheme was brought before him for the division of the 60 acres into 15-acre lots. And he in his tentative approval letter,having seen that, imposed conditions. You can see that in my Exhibit A. And there was a development agreement that controls all six lots,not just four,that binds Mr. Barrett, and which required that there be joint development. It's six lots,but four are going to be 60 acres. There is a 60-acre lot subdivision plan blueprint. I've seen it,Mr. Barrett has it,Mr. Schuler has it,Mr. Schuler's straw man,Mr.Cook, has it,I've seen it. Why haven't they produced it here? Why hasn't the Planning Department required that it be produced? You have a duty to comply with Mr. Yuen's requirement,the development agreement. Don't excuse them from joint development. Lastly, I note that under the Kona Community Development Plan and the LUPAG, they all say ignore that. Half of this property is not supposed to be developed in this way,and they say ignore because Planning Director Leithead Todd said ignore it. Well, she has been proven wrong in the Missler case decided by Judge Ibarra. You have to consider it and comply. If they wanted to comply with the LUPAG -. BEAUDET: Sir,if you could wrap it up,please. 17 VAN PERNIS: All right. Just basically the same project was rejected, failed before the Planning Commission the last time; there is no substantial change. If you read all the written testimony,you will see that. And all the adjoining properties are 20,000,half acre,or above. And you are here to protect the community,not to service the individual developer. Thank you. NIMORI: My concern regarding this rezo-. BEAUDET: Excuse me,ma'am,one minute. The planning director would like to speak. COMMAND: I'm sorry. This is a,I'm not asking you,Mark,Mr.Tucker, when you were talking about driving up,I'm sorry,one of my feet is,I used to work in the Mayor's Office,one of my feet is still stuck in there,and so you brought up something,and I just want to clear up what you were saying about coming up Hualalai and making a left turn to Hienaloli. Yeah,yeah,and you were saying that as you stop there and you are looking right,you can't see-. MADSON: Cannot see any visibility right here. It's totally blind,as you try to make a right turn. And my other concern is that if you start building houses here,it will be permanently blind. So like playing a Russian roulette,when you try to make a right turn here. And nobody knows who is supposed to maintain this. COMMAND: Okay,yeah,and I'm just talking about the existing conditions right now. You are saying that the bushes are in the way when you look right. MADSON: Yeah,absolutely. COMMAND: Okay, thank you. MADSON: You cannot see any cars for maybe 20 feet. COMMAND: All right, thank you. NIMORI: My concern regarding this rezoning request is density, which impacts and overburdens school system. I beg to differ with the Planning Director's statement that proximity to schools would foster educational opportunities for students and the nearby community;please know that this request is in the district of the Holualoa Elementary School. For the upcoming school year there are 498 students enrolled with 24 students in each classroom. They cannot refuse anyone who lives in the district. A nearby charter school can refuse students but has a waiting list. As a former classroom teacher,I know that it is not possible to meet the individual needs of 24 children,each with a learning style of their own. Academic achievement is affected. Children who succeed in school are on their way to become responsible citizens in our community. In terms of cost to tax payers,Hawaii is a state where property taxes are not used to fund school expenditures. Therefore, all of us tax payers assume the responsibility of providing funding for schools,not property owners. In 2009, the latest figures available,expenditure per student by the State was$12,399 and by the federal government$2,189. Each additional student will cost$4,588 to the tax payer each year. In addition, Hblualoa School is a Title 1 school with 46.48 percent of students on the free lunch program, which is funded by the federal government. Members of the Leeward Planning Commission,I ask you to consider,No. 1,proximity to schools is not the only factor in fostering 18 educational opportunities; 2,density affects academic achievement and cost to tax payers. Thank you. M. K. McINNIS: Good morning. If approved,the rezoning and PUD process will allow a total of 43 homes on this particular parcel. The land adjacent to the subject parcel has an approval of 53 lots and is owned by a family member of the applicant. If approved,this parcel combined with the other three parcels makai will have a total of 200 homes,unless,of course, the approved rezoning is amended again at a later date to provide for even smaller lots and greater density. The HualAlai Partners proposal shows traffic from their proposed subdivision being dumped directly onto HualAlai Road. To even consider using Hualalai Road as a point of egress and ingress is dangerous and shows a lack of consideration for the public safety and wellbeing. HualAlai Road is a substandard road by all accounts,a road with no shoulders,limited guardrails and poor sight visibility. Now we are to expect additional cars and school bus to sue this road as well. Speaking of the school bus,this increased density puts more pressure on our overburdened, under-funded and understaffed schools. So who is going to pay for the road improvements to HualAlai when it becomes even more dangerous because of the increased traffic or possible loss of life? Hualalai Partners is already negotiating on what they are not going to do or improve. Who is going to pay to expand and upgrade our school and hire more staff and teachers? Who is going to pay? Not the developer. They have made their profit and have gone back to the mainland. The burden will fall on the tax paying citizens. The same citizens who will have to deal with the traffic, the noise,the congestion and,of course,the higher taxes. Thank you. M.McINNIS: Good morning or afternoon whichever one it is. I've revised my testimony that you all received,and want to make sure that you did get this survey. The parcel in question that Hualalai Partners owns did not exist as a separate Tax Map parcel prior to December 2004;it was part of an 84-acre tract of land owned by the Gomes Family Limited Partnership. It was created along with five additional parcels by a Declaration of Agreement for Kahului 96-acre Consolidation and Resubdivision Sub No. 2004-0120. This document was recorded on December 9,2004. This document was a condition of the Planning Department granting approval for the requested consolidation and resubdivision of the 96 acres. This process started on April 8,2004,per a letter from Stanley A.Gomes to Chris Yuen,then planning director. The Declaration of Agreement addresses the 96 acres in its entirety. It was a condition for future development,and rezoning is the first step in the development process. It was created to prevent a fragmented development. That is what is currently happening. The Planning Commission, the County Council and the County Planning staff should look at the potential impact the entire 96-acre development will have on the surrounding community. Commissioner Whittemore, you've addressed the question on Parcel 30 and the widening of Hualalai Road—very good question. The applicant does not control Parcel 30 —very good answer. The resolution of that is to treat the entire 96 acres as one development. I respectfully request any rezoning or development action on Hualalai Partners' parcel and other parcels consisting of 96 acres be deferred until the property owners of these five parcels have complied with the conditions as stipulated in the Declaration of Agreement. Thank you. ERROR: Okay. I actually enjoy driving HualAlai Road. That's kind of the reason we've lived here for 19 years,and we love driving the curvy scenic road and all the kukui trees that are on our property. And we were willing to pay more to live at the cooler 800-foot elevation with our wonderful views of the ocean. Now, when Pualani Estates was developed,we were devastated by the way the land was scraped away to look like a moonscape and developed to look like something in the California suburbs—certainly not fitting for the charming rural entry to Holualoa. Surely,our 19 Planning Department could envision something more fitting for this proposal before you,especially since it is surrounded on three sides by properties consisting of at least half an acre or more. We have met several times with Mr.Barrett and his family, and they are very nice people. But they tell us that they have to squeeze in smaller lots on their land in order to make a profit on their investment. Why should that be a factor when the result will be to lower our property values? Are you going to be dictated by someone who does not even live in Hawaii,or are you going to listen to the people who are already your constituents paying taxes and depending on you to do the right thing to keep Hawaii a desirable place to live? Thank you. BEAUDET: Mahalo,all of you. Commissioners,any questions or comments you want to share? Thank you again. I will now call the next set of six individuals: Kit Kurtz,Linda Horgan,Carol Fuller,Marie Aguilar,Virginia Tormey and Adegboyega OSun. I'd like to ask each of you to please raise your right hand. And do you swear or affirm to tell the truth to this matter now before the Hawaii County Leeward Planning Commission? TESTIFIERS: I do. BEAUDET: Thank you. If you could introduce yourselves from your right to the end,and then begin testimony at the far right. KURTZ: I'm Kit Kurtz. I live in Kona Orchards. HORGAN: Linda Horgan. I live in Hualalai Colony. FULLER: Carol Fuller, Kona Orchards. AGUILAR: Marie Aguilar,Hualalai Colony. OSUN: Adegboyega OSun, Kona Orchards. TORMEY: Virginia Tormey,Kona Orchards. BEAUDET: Thank you. Please begin your testimony. KURTZ: My family moved to Hawaii Island in 1919,and I have lived adjacent to this proposed development for about ten years. I'm a teacher in Hawaii schools,and definitely agree with the former testimony about the school impact. Every year we just have less money,it's amazing. But I'm here today because I know that the Commission will uphold this mandate to protect the public interest. Exception should not be easily made. For example,in the testimony supporting the development,they said that the Planning Director interpretation that the parcel falls into the Urban Expansion portion of the General Plan,when clearly half of it does not. I know that that might have been an interpretation of awhile ago,but I think that we perhaps should reconsider that. These issues should not be left to the court to decide. As Judge Ibarra said in a recent decision against the Planning Department,he had some very good things to say;the director,and that was the former director,may not defer decision making with regard to public natural resource trust to another agency or to a future date. So every step along the way we need to consider everything. And he said the director as officer of the County has a constitutional duty to consider and protect Hawaii's natural beauty and all its natural resources. And I think that applies to the Commission,too. 20 Specifically,I've observed 'io,the Hawaiian hawk,many times in the vicinity of this proposed development. 'Io has been on the endangered species list since 1967. Study state that there is only about 1,100 individuals left in the wild,and they are at the maximum density for habitat;that means that if you destroy habitat, `ios are dying. Anyway, the major threat to 'io is subdivisions. And I know the committee under the endangered species act and the court with Judge Ibarra's ruling, needs to consider this. Also I've seen pueo in the area,and they are territorial; if their territory is destroyed,they starve. On the subject of the substandard road, I'll just be brief. A family member a couple of years ago had an accident,the car was totaled. We were told that we should sue the County because of the substandard road. We decided not to. But I believe increased usage really brings up a liability risk for the County. Also,oh,well,then I'll just back up. You've been told that this is four sections,not one, and this has been presented as one section and attempt to confuse you. But it is your duty to consider and protect Hawai`i's natural beauty and all the resources,as Judge Ibarra says. I support preserving the County's General Plan and its wisdom in designating this as agricultural land. The court has stated it is your duty to preserve and protect. HORGAN: Aloha. You have already heard from almost everyone about how this portion of Hualalai Road is narrow and winding and hazardous for drivers and the brave or foolhardy few walkers and cyclists who attempt to use it. I'd like to just add my experience in February 2012;the inadequacy of the road and the number of cars that were already using it then was pointed out when there was a large brushfire down below causing traffic to back up Hualalai Road all the way to HOlualoa,and many drivers,myself included, were caught in the traffic jam with no way to even turn around,some sat immobile for hours,and had the wind changed and pushed the flames mauka, I don't really want to contemplate what might have happened. And unless and until Hualalai Road is brought to a reasonable standard of safety,approving this proposal seems to me to be reckless and irresponsible,and I would hope that you would deny this application as it now stands. Thank you. FULLER: Aloha,and thank you for hearing us this morning. And I have my visual aids because I didn't have time to type anything up. And I apologize in advance for,I'm not really a techie,so it's kind of like cut and paste,so bear with me. Anyway—can we turn that off for a minute,or does it have to be on? ARAI: It's off. FULLER: Oh,okay,cool. Anyway,a lot of you may or may not have seen the sign at the bottom of Hualalai Road,says"Hualalai Village 3 Miles,"and that's the stretch of road that we are discussing today. I know it's crazy out there on the main highway,but when I turn up the road— and I agree with you,Normita,I love driving up the old road,it gives me peace,serenity,I'm home again—you turn off the crazy main road,and you are back in old Hawaii. Anybody that comes here to visit, tourists are beckoned up to Holualoa Village. This is the gateway to the village up there. Anybody that comes,I really recommend they go up and take a walk about up in the village. People who live in this area,we take great community pride in the beauty. It started out as a little donkey trail, I think you all know about that, it's historic,the donkeys were padded on the rear and off they went down with their coffee sacks. It evolved into a little jeep trail as mobility became more prevalent. And now it's a historic gateway to historic HOlualoa Village. 21 Here are some pictures. Some of you have been fortunate enough to go up the road. Yeah,it's a dangerous winding road,but it sure is beautiful, and decompresses me on my way home. Again, there's many,many mature monkey pod trees,royal poincianas,lots of old paniolo dry stack walls up there,lots and lots of wild life and bird life up there. It's beautiful, absolutely gorgeous,and I'm proud to call it the way home for me. In fact,one of our local artists did this beautiful painting of the road home,and it depicts so well,just getting off the main craziness and driving up through the horses,the cows,and enjoying that. But with the lot of houses there, it's not going to have the vibe. So,anyway,you are welcome to look through those pictures. Well, what happens when the mainland developers take a beautiful land? This is what's happening right now. I took my car yesterday on a little,little trip with my camera, and I took some pictures of our area,how it's developing. Basically, what they do is they take a bunch of rocks,lava rocks,put them in a rock grinder for about a month,and all comes out to this ugly gray gravel. You've seen the big pile there. Then they take the gravel and they grind it out into these big squares of land. Is that pretty? Is that something people we want,is that what we want people to see? And then,they put in row upon row of army-barrack looking houses. These are pictures I took yesterday. And another thing,you know, talking about parks,what's the developer going to do for—ah,the time's up. But I do have to show you one more thing. Talking about water conservation, all of you can take a little drive this afternoon up there to this little,I guess they call it the corner lot, where they are putting in a water tank,and you are going to see a water faucet that's been running since July 4`h. So there is your water conservation and how people,how the developers,you know,take good care of the land that they've been instructed to develop properly. AGUILAR: Aloha. My testimony is similar somewhat to some other people here today,but I would like to relay a conversation I had with the,I spoke with the Water Department engineer, Ryan Quitoriano, and excuse me if I mispronounced it,but it's written in my testimony,who indicates that the two parcels will connect their roads together. They already are making plans to use the water and road services for these parcels. According to the Department of Water Engineer Department,they are planning on use of the water from Waiaha Supply and Storage. To date the water supply is okay,but there is no indication that the next two 15-acre parcels will have the same acceptance. If the water supply is not adequate,who will pay for the next water,parcel's water? Other tax payers? It's,County of Hawaii is responsible all of the owners of each of the 15-acre subdivisions coordinate all services,which include adjoining interior roads,road access,water supply,sewer service cesspools and electrical service. When this project is complete,we'll have 200 homes,which will be overtaxing Hualalai Road. I know everybody has talked about Hualalai Road,and I would just like to say I agree that it is a very,it's a very demanding road for your attention. There is no way you can look off and look at something else,because if you do,you will be off the road. And there are eight-inch shoulders,and there are some places there's no shoulders at all. And there's,and it's really strange;you can see part of the embankments that have no guardrails and they have little posts. So the guardrails are somewhat even in our protected area, and some of the areas don't even have a guardrail. So in all estimation, this road is very substandard. And we take this road because there are no other options. I don't want to go through the other planned development everyday,I like to go on Hualalai Road, and I find the beauty of it on each day as I leave my work in Kama Palm(phonetic). Anyway, I wanted to say something about what the engineer said. He said realistically there are 53 acres (sic)plus 43 acres(sic)being planned. This is, this hearing is not about that,it's not about 96 homes,but they are already talking to the Water Department about 96 homes; so they already think that you guys are going to vote for it. And I think that's terrible. We have a right to give you our opinion and we are here today to let you 22 know. It's my opinion that these lots should stay in Agriculture. This is a very treacherous corner. And as one of our testimony person said,if you put roofs in that area,you know,you are going to have no sight at all at the Y, the Hienaloli Road;you won't, you won't even be able to see it. So I think it should stay in Agriculture. Let the other guy develop his lots. And I'd like to say something else here. I have been on Hualalai Road when there were floods, and the Hawaii Highway Department comes out,and it may be at 11 o'clock at night,it might be at 6 o'clock, but they come out and they close the road. That water, it flies over those gulches and it just completely floods the road, you know. And we've gone airborne, I mean,water,I mean you can't control your car. It's very dangerous. So there are times, and we don't know when the flash flood will occur. One day in November, I think, about seven or eight years ago,we had more than four inches of rain, so it can happen. Also,I'd like to say and remember that Judge Ronald Ibarra has ruled against the County of Hawaii because a PUD did violate the Kona Community Development Plan,it did not allow the protection of natural resources and granted the application,he ordered that it had to go back to the Planning Department,all developments had to comply with the Kona Community Plan. BEAUDET: Ms. Aguilar,thank you. Thank you for your comments. OSUN: I would like to just echo the statements of my other testifiers,concerning Hualalai Road. I, too,consider it a very beautiful road,but the speed limit should be about five miles an hour as opposed to higher. I have yet to see most of the cars on these blind,sharp,and radius curves stay within their lines,and that includes me;you go a little bit faster than walking,and you are in the other side of the road. And often there is another car there that is also about going in the other side of the line. That's said,dumping more traffic onto the road, would that really be a wise decision, especially a lot more traffic,when those of us already using it have a problem at the current level of volume? My other comment is on the proposal for the open space area being proposed on the side of Hualalai Road that development requested,and it was said to be a ten-foot set aside. It's so difficult already to stay within your lane. Would you really want to have pedestrians,children,you know,old people like me,walking on the side of the road where cars frequently go off the road down in embankments and have accidents? It's not really a wise idea, I think. Also,when you are, Hualalai Road is an incline,very steep incline,so any physical activity you are doing on HualAlai Road involve quite a bit of deep breathing,and with traffic going by you are deep breathing quite a bit of nitro-,or, you know,not air,so you can get headaches and sicknesses from that. So that's not a good place really for that kind of open area. Thank you. TORMEY: Aloha. Today I listen to the presentation of the developers, and they acknowledge that there was community opposition,and then make comments that would lead you to believe they really listened to the communities;they had meetings,six meetings, and responded to our concerns. Well,I was at those meetings,and first off,I would like to say I don't think it shows much respect for our community at all to come up with a plan,rather elaborate plan involving setting up separate LLCs and splitting the money and everything in order to circumvent a process the Land Use Commission has in place that is part of what we expect in our community; these are rules and regulations and procedures that are part of our community development. Well,they went elaborate efforts to circumvent that. That's not a show of respect. Secondly,yeah, we have meetings, I was at several of those meetings,but nothing really happened based on our input. Slight changes. We said we were concerned about open space, and we were concerned about a park; I don't think ten feet on the side of the road is a good place for kids to play,that's not a park. I think that, you know, we actually had all the ideas about how they could accomplish a development that would achieve the goals of aesthetics and safety and convenience. We really at the meetings I was at, you know, 23 people expected that there would be development,but we just wanted it to be done in a manner that is consistent with the other neighborhoods. What we got as a response was,well,we can't do that because we can't make a profit. You know what? I don't buy it. There are mainland communities, I'm very familiar with one near the Portland,Oregon area where the concerns of the community are respected and where the rules of the community,that the community has in place are respected. I believe that it is possible. I find it hard to believe that scores of developers and hundreds of communities that have been done in a way that really respects the `aina, you know,cannot reap a profit. So I implore you to take a step back. I mean,can't this really be done in a way that provides safety,that respects the concerns of the community, that honors the families who are to come here, not only those of us who are already here but the families that will be here and will want to raise their children in a place that's safe and in a place that is beautiful? Mahalo. BEAUDET: Commissioners,any comments or questions of the testifiers? I thank all of you for your comments. I have three more testifiers signed up here on the list:Cyrus Sabri,Cindy Coats and Roya Sabri. May I ask for you to please raise your right hand. And do you swear or affirm to tell the truth on this matter now before the Hawai`i County Leeward Planning Commission? Thank you. If you could introduce yourself from your right. C. SABRI: My name is Cyrus Sabri, and I'm a resident and urban design professor. This morning- BEAUDET: Sir,sir, I would like for all of you to introduce yourself first. Thank you. R. SABRI: I'm Roya Sabri. I'm also a resident of Kona Orchards. COATS: And I'm Cindy Coats. I'm a resident of Kona Orchards as well. C. SABRI: Thank you. This morning we heard three cases,and two of them were dealing with small parcels,and this third one is a large parcel. And the Planning Department has recommended all three. In a large parcel like this, we have to respect the master plan,in this case the General Plan,set by the planners. In the Plan the area in question is Agriculture,the zoning of it is Agriculture. And we need,if we want to change that,we need a detailed plan. EIA,Environmental Impact Study,what the concern of this community is ecological,scenic,will be addressed there,and we lack that. I don't know why the Planning Department, you know,deals with this as the same. Okay, I understand there are two small parcels,but I do not understand when you have a slide in there that you just draw some lines and says this is A-5 and that one is something else,and when you go to the area,there is no difference,you don't see a line; there is a large parcel. Okay,then what happens if you change,what happen if you agree to change. One side of it is,a land that is $25,000 an acre turns out to become$400,000 an acre,okay? Where does the money go? A part of it should go to the infrastructure,okay,roads and water and so on, and some other parts of it should go to school system, libraries and so on, which we are lacking completely in this case and it's not happening. The other day my wife was talking to me about when we drive up here,this is actually a scenic road, and I agree with that. Scenic view and scenic qualities are intangible quality that this community has. What should the Planning Department do about it based on these qualities they should have a vision for the future of this community. When things like this come, if you have a vision you would see this is against the vision that you are having,the quality of life,ensures the quality of life for everybody,all the residents and everybody who lives here. And I'm so sorry to see you are lacking the process. Thank you. 24 R. SABRI: Hello. I'm a nine-year resident of Kona Orchards,a mile up Huai-alai Road. I graduated from Kealakehe High School two years ago and I'm now in college. I watched Pualani Estates with Residential-7.5 zoning grow below my road. I was too young then to know that I had a voice in the planning of my community,but now I'm grateful for this right and I'm happy to speak today. I'm a neighbor to the subdivision in question,and I'm opposed to this rezoning from Ag-5 to Residential-15. My two major concerns are safety and sense of place. The subdivision schematic anticipating Residential-15 rezoning holds little insight into its context and little foresight into the environmental and social implications. Considering safety, as others have said,adding traffic from 43 families from this almost 15-acre subdivision will place excessive pressure on Hual Alai. This is a narrow winding road with potholes and pits,and some of my friends choose not to drive on it even now. The only direct outlet for the subdivision is onto Hualalai, and there will be another outlet onto Hual Alai from the adjacent subdivision just around the bend,adding traffic from another 62 families. At its top Hualalai Road touches the MAmalahoa Scenic Byway,but Hualalai hasn't been officially recognized as so,is also a scenic treasure. And this is a major reason why I prefer driving up Hual Alai despite its risks. Views through overhanging monkey pod trees,frequent rainbows above the rodeo,and an occasional pig running in front of our car enrich my quality of life. But these dreams can turn to nightmares with increased traffic. Pigs that run under fences and cross the road can cause accidents,and more cars would distract and collide. And though I love the rainbows,the road becomes even more dangerous with rain. Further, as County officers with the constitutional duty to conserve and protect Hawai`i's natural beauty and natural resources,the Commission is to consider the value of this land. Adding to the sprawl of a few thousand acre lots below would increase the divide in character on the two sides of the road; above, half-acre residential and acre Ag zone lots reinforce Hawaii's sense of place;below, the proposed development could have been cut and pasted from the no place of any American suburb. I hope that the Commission will unfavorably recommend this rezoning in light of the safety and quality of life of any resident or tourist that drives Hualalai. Thank you. COATS: Again,my name is Cindy Coats and I have been a homeowner in the Kona Orchards subdivision for 17 years, and I have my objections to the proposed rezoning of the property in question. This will all sound a little redundant,because I think most of my neighbors and fellow community members feel the same way I do,but I'll still go over my little written testimony. Living on Hualalai Road, as my property backs right up to it,I can tell you first hand the condition of this narrow,winding road. Try as the County may to maintain it,the ground below it is crumbling. So the talk about improving it or making it safer, making it wider,I don't see how that could possibly happen. Every curve and turn is a blind corner just waiting for an accident to happen. These are the very reasons that the Lako extension was supported and finally completed to ease congestion on Hualalai Road. This is also the very reason that the Puapuaanui Road was required and supported and completed to ease congestion on Hualalai Road. To even entertain the prospect of adding more traffic to this overburdened two-lane path is ludicrous at best. In August of 2007 my husband Barry ended up in the hospital after a gravel truck dumped a part of its load on the road. Coming around the corner on his motorcycle,even at 25 miles an hour,he had no time to react. There is no shoulder, very few places for guardrails,and all you have to do is look over the side of the road to see the wreckage of all the cars that just couldn't get out of the way in time. Density is another issue. With that sort of density—and now it's been revealed that we are talking three times,four times,five times as many houses as we were initially talking about—with that sort 25 of density,there is no hope whatsoever of saving any of the existing native vegetation and old trees, and you expect this urban development to coexist with the rodeo grounds, tutus nursery, all of the area residents who have chickens,people moving livestock from one pen to another,and the horses on the road,again,crazy. It's as if the developer is trying to sell the country life and selling out the country life at the same time,because it's not going to exist anymore. We haven't begun to address the upheaval of trying to level the rocky terrain. We could be talking years. But my biggest concern about the proposed rezoning is that it will set a precedent. There are more than a few developers out there,which we've just discovered are all related,that are waiting with baited breath to turn the Hualalai Road corridor into an urban cityscape. They are waiting to see what you, the Planning Commission,decides,and in turn what the County decides,because that will in turn open the door for every single one of them to apply for rezoning. So then we would be talking about hundreds of matchbook size lots. It all comes down to what serves the community. As the former chairwoman of the Kailua Village Design Commission,we were regularly asked to review zoning requests and to forward our recommendations to the Planning Commission. The Ag zoning was put in place for a reason. It serves the community well. The question has to be asked: How would this rezoning serve our community? To add more traffic to an already overburdened road? To strip the native vegetation so that the pueo that nests in that very spot will have to relocate? To add students to an already overcrowded school? Or so that a mainland developer can cram as many small home lots as he can get away with,as to maximize return on his money he will have to spend on infrastructure whether it is rezoned or not. You know he's counting on the County caving. But I can assure you that we the members of the community will not. Thank you very much. BEAUDET: Commissioners,any questions or comments? Thank you very much for your thoughtful comments. Before we close this public hearing segment,are there anyone, I'm at the end of my list that was provided to me,so if there is anyone left in the audience who wishes to comment,please sign your name and come up to the front. Can you help her? Okay,please raise your right hand. Do you swear to tell the truth on this matter now before the Hawaii County Leeward Planning Commission? HUSSEY: I do. BEAUDET: Thank you. Please state your name. HUSSEY: My name is Barbara Hussey. I actually live in Pualani Estates. I live in Pualani Estates, and I do live one street over from Puapuaanui. And in the capacity I've lived in Pualani Estates now for about four years. And Puapuaanui,the punch-out is just,I don't know,it just makes me kind of crazy thinking about it,because we have so many issues already on Puapuaanui. I don't know if any of you have been up there,but, you know,like Lako Street, it's almost like a 45-degree angle. We also have a lot of blind spots on the road, so as a community person that lives in our community, we've had quite a few occasions when we've been out, you know,trying to get people just holding up signs, "Slow Down,""25 Miles an Hour." And because the punch-out just seems like such an additional amount of traffic that would come down, we've had accidents on our road also,and I just wanted to reiterate that the punch-out isn't such a great idea for those of us who live in our community,too. I mean I appreciate the beauty of the countryside,but those of us that do live in the community that has a lot of traffic already,because it is a community, to have additional 26 traffic and not any kind of additional regulation of speed or blind spots or anything to be addressed, I just wanted to say that that's an issue for me,too. Mahalo. BEAUDET: This now concludes the public hearing portion of this meeting. I would now like to call the applicant forward to respond and comment. Thank you. Before the applicant continues with any commentary, I have asked Daryn to just share a couple of bits of information for our community members just to bring awareness to some of the process. Daryn? VAN PERNIS (in the audience): Will we be able to testify again on this new information? BEAUDET: The public hearing portion of,segment of the hearing is closed. VAN PERNIS: Should that have been part of the original presentation? We have new information. The original presentation (inaudible). BEAUDET: I'm not understanding your question,but we are going to move forward with this segment of the meeting now. Thank you,Daryn,if you can proceed. ARAI: Okay. First of all, the Chairman wanted me to bring to everyone's attention that as part of the Director's recommendation,that includes a condition S as in Sam,which is located on Page 3 of the Director's recommendation report regarding the change of zone,it speaks to the applicant making its fair share contribution to mitigate the potential regional impacts caused by the proposed project with respect to park and recreation,fire services,police services,solid waste disposal facilities,as well as roadways. Basically, an amount is assigned to each proposed lot or single-family residential unit; that value is$13,081.99 per single-family residential unit proposed by the applicant. As you may recall,the applicant is proposing a 43-lot or basically 43-unit residential subdivision. So when the subdivision is being processed by the Planning Department,should this change of zone be approved,that amount will have to be paid prior to the issuance of final subdivision approval. And those monies will be utilized on the various facilities regionally that I mentioned,and again that was park and recreational improvements and facilities, police,fire,solid waste and wastewater and,I'm sorry,and roads. As far as the Kona Community Development Plan,the particular program was developed under the prior administration,Harry Kim's administration,if I remember correctly, and I believe close to a million dollars was spent to develop the program. And the program was not developed in a vacuum;it was actually developed with a significant amount of community input. Numerous meetings were conducted by the Department,as well as by the consultants hired by the County,to prepare the documents. They went through a series of public meetings,as well as meetings before the Leeward Planning Commission,and ultimately it was adopted by ordinance by the County Council. And that plan is what basically drives a lot of the recommendations that have come before you. As you may recall, there were two projects;this is the subject property here outlined in black, this is the Hu Ko Pa project,which did receive its rezoning to Residential zoning designation back in 2010. And as you may note, there are two additional lots here,both of them just under 15 acres in size. I believe, if I remember correctly, the lot on just makai of Hu Ko Pa was, the applicant's name I think was Brian Cook,and the one adjacent to the Queen Ka'ahumanu Highway was JKS. They came in for similar type of Residential zoning,and when the Planning Department assessed that request,while we did support and recommend approval of the State Land Use boundary amendment from Ag to Urban, the Department could not support its change of zone to a Residential 27 zoning district,and the reason being is because of its location. It actually falls within an area designated as a Transit Oriented Development. It also is located within the concurrency zone that is defined by the Kona Community Development Plan, which requires a regional roadway improvement before any rezoning can be approved. So those things were weighed,and the adherence to the Kona CDP,we offered an unfavorable recommendation to the Commission,and the Commission therefore issued an unfavorable recommendation as well on those two particular projects. So it's clear that our actions and our recommendations to the Commission is driven by the interpretation of the requirements of the Kona CDP. VAN PERNIS: Can we testify on this new information? When is the subdivision (inaudible)going to be made? BEAUDET: Excuse me, sir. We are not here to discuss a subdivision application;we are here to discuss a rezoning application. The information that I asked Daryn to explain was just to reiterate some of the information that was provided earlier today. I felt it was important for our members of the public to understand part of the decision making format that we actually have to go through. So this is not new information; this information was just given with a little bit more detail,and it's not information to be testified on. VAN PERNIS: He indicated how much of the assessment was-. BEAUDET: It's all part of the public documents, sir,so thank you, if we can be respectful of the applicant as well. I'd like-. VAN PERNIS: Is the subdivision that's going to be approved-. BEAUDET: For them to move forward with their comments. So,if the applicant can please,the floor is open for you. LIM: Thank you,Mr. Chairman. I'm going to allow my client to testify to some of the factual issues that were raised in the public testimony,then I'll go into my final presentation. L. BARRETT: I would just like to comment about some of the 21 members that did come up here and protest against us,that I believe the ownership issue was also a big one,and would like to note that Ted Barrett has no relation to the Hu Ko Pa project. At the time it was himself and another developer getting into the upper parcel,Hualalai Partners,and my brothers and I with the other developer into the lower one. And we had to buy him out because of the recession coming in and he wanted out,so we ended up doing that,so there is the relation with that. My mom and dad have had a home here on the island down in Kealakekua for over 20 years,so, to say that we are just coming in and trying to get as many lots as we can,we don't feel that that's warranted,either; that's kind of a personal attack that we don't think is very fair to either us or to my dad. I believe someone spoke about the adjacent,all adjacent properties are 20,000-square foot lots, and that is not true,because Hu Ko Pa below is zoned RS-10. And the 20,000-square foot lots, I believe,is zoned with a CPD,so I don't think it allows for smaller subdivision lots,and that's for the Hualalai Heights. Also,and I think Mr. Arai spoke about the 30 acres owned by Mr. Schuler and the 30 acres owned by Ted Barrett,and I think that's a non-issue now. And in keeping with the three-minute rule, I will give up my spot and I will let my brothers talk about this. 28 A. BARRETT: I would like to address some of the concerns about just dealing with the homeowners and trying to work with them. As you've seen in the meeting today,we've gotten several conflicting stories on what they would like to see;some people like the natural road of HualAlai going up and others say it's a complete death trap. We've tried to work with concerns on the homeowners. As far as HualAlai Road is concerned,we feel that we are going to improve the road. There is a portion of the roadway that abuts to the property that we are asking for rezoning, and we are going to develop that, we are going to improve the portion of the road. As developments go further down, I believe that's the County's responsibility to make the future developers do their portion as well. As far as the schools are concerned, my wife was also a teacher, so I understand the concern with the schools and the school districts. The way that the lots are going now,though,is there will be very few families in this area; it will be mom and dad and their kid would be on somewhere else. I don't think, I don't know how many families can afford an$800,000 house to buy into. So I think that,you know,is going to be limited as well. And also with those families, those are going to be the families that are going to be helping up the schools. I know I personally spend hundreds of dollars a year on my kids' schools in the mainland. So I think that also is going to be to help with the matter. I'd like to go back to say that, you had mentioned that we are coming in for a rezoning application. We have not done engineering drawings yet; we don't know exactly where the shoulders are going to go, how far they are going to go in,we will take care of that on the engineering process. The engineering drawings cost a lot of money to do. The first step to get this done is to go in for the rezoning application, which is why we are here now. If we can get the rezoning application, then the next step would be to go in and have the drawings engineered for proper shoulders and turn lanes and all that,so. R.BARRETT: I really don't have anything to add. Everybody said,all the comments and concerns were talked about. BEAUDET: Any comments or questions from the Commission? WHITTEMORE: Brandi? BEAUDET: Go ahead,Tom. WHITTEMORE: It was brought up, I think one of the testifiers earlier had mentioned that,or made reference to there not being any agreement on the parcel,I think it's Lot 22,adjacent,immediately south of your project. Do you have an agreement,an easement agreement or whatever,with that, those landowners at this point? LIM: No agreement with the Parcel 22 to the south. That's part of the Kona CDP connectivity roadways,and when that developer comes in,I am sure that Public Works is going to make him put the roadway in. WHITTEMORE: So your project doesn't move ahead until that's done. LIM: No, we have access out onto HualAlai Road. WHITTEMORE: Okay,okay,that clarifies one of my questions there. A. BARRETT: Excuse me,can I address that as far as roadway is concerned? 29 WHITTEMORE: Yeah,please. A. BARRETT: As far as the access coming onto Hualalai Road, with the open space that the homeowners have requested, several of the homeowners have requested the open space,that is going to alleviate a lot of the,probably all of the sight distance issues. People can maintain the 25-mile an hour speed limit. And that will address all the concern. WHITTEMORE: I think on the portion perhaps maybe where your property is,but Hualalai goes much further south,or makai,so-. I hear what you are saying. BARRETT: Is that-. Okay. WHITTEMORE: Yeah. You know,I actually,with the sight distance question,one of the things that,I think the comment was made in your representation that the dedication towards open space was going to be a greenbelt on the highway. Already we've heard some concerns about the height of some of the weeds or whatever on the roadway there that aren't going to be as high as even trees or any planting there. So I don't know whether,you don't want to be planting obviously anything in that space that's going to obstruct any kind of view,because obviously that's a concern. So,one last question,the project, there was representation, the values that you anticipate, the sale price or the value is around$800,000? A. BARRETT: On the high-end probably. WHITTEMORE: On the high-end? This is with the PUD? A. BARRETT: Yes. L. BARRETT: This is for a house-lot package,right? A. BARRETT: Yes. WHTI-IEMORE: Yeah,okay. A. BARRETT: Pualani is selling now in the mid-4's. And those are for 7,500-. ARAI: Microphone. A.BARRETT: Excuse me. I'm sorry. BEAUDET: Thank you. So I have a question. I don't know if this is for Public Works or for Planning,but with the multitude of concerns centered around traffic safety on HualAlai Road, you know,this applicant only accommodates a certain portion of the entire road,yeah,from Queen Ka`ahumanu up to HOlualoa. So does the County,you know,with the increase of urbanization and population and, I mean we don't see any decreases coming in the future,is there any plan from the County standpoint on increasing the width of Hualalai Road to accommodate our population growth? Or are we just relying on future development or landowners that directly impact the road 30 to accommodate that? Because most of the road is already developed already,so we cannot go back to previous development. I just wanted to open the dialogue up. COMMAND: I'll try and attempt to answer your question. Yes,there are plans to improve Hualalai Road. Now, where that ends up on our priority list is depending on a number of factors, including priorities of the administration,priorities of the County Council,all the way down to how much money we have and how much we are able to borrow. It also has to do with the Plan,the Kona Community Development Plan. Obviously, people who develop along the roads have to pay their,or have to contribute their share to improvements of Hualalai. Anyone else want to add anything to that? ARAI: Hualalai is I think at minimum a collector or that type of roadway,and the collector roadway standards are about 60 feet wide. Granted that's an existing substandard roadway,but then the County in managing growth through rezoning, such as this,always strives to improve existing facilities to at least meet those standards. You see these type of situations where there is a piecemeal approach to enhancement of existing facilities. If the County had all the money in the world,great, we could build it and I guess they will come;but in the absence of that type of available funding,we do look for opportunities where,as applicants' proposed developments along a particular alignment, that at very least their frontage gets improved to a higher standard. You see it in numerous rezonings that have come before you where we've asked curb,gutter, sidewalks be provided where none exist now. And granted,you know,it's difficult to place the burden of improving,I'm not sure the entire alignment of,or the entire length of Hualalai Road would be too much of a burden to place it on any single developer. But we do ask that they provide their basic like fair share,which is typically to improve the frontage of their property, as well as to offer their fair share contributions that I mentioned earlier,that can go into these types of regional improvements when the monies get all pooled together to hopefully improve a greater alignment. BEAUDET: Any more comments from the Commissioners? WHIT1 EMORE: Can I ask just one more question? BEAUDET: Sure. WHITTEMORE: I just,I think it was Mr. Van Pernis-. ARAI: Microphone,please. WHITTEMORE: Excuse me. See even I need to be trained. I think Mr. Van Pernis made reference to there being,or having seen a master plan for all the property there,being the four contiguous lots going mauka-makai. Are you aware of, have you ever seen this map that's alleged to have been done, a master planning? Any of you folks as developers? L.BARRETT: A master plan,by all of us collectively,no. We've had Mike Riehm draw a map for the top lot, and he's also drawn a map for the bottom lot. And we've seen what they applied for, but we don't have a map of all of them together,and we certainly never collaborated that. WHITTEMORE: Oh,okay. 31 A. BARRETT: Can I make comment on that? WHITTEMORE: Yeah. A. BARRETT: We've also, we haven't seen a collective map for all the parcels,but we have coordinated to figure out,along with Ki Emler,to figure out where the roadways are going to go, where the utilities are going to go,just to make sure that we do have connectivity. So we've worked together with them to make sure that,you know,roads are not stubbed out in the middle of somebody's backyard and the sewer isn't dumped out in somebody's front yard. So as far as that's concerned,we've worked with the surrounding property owners to make sure that there is connectivity. LIM: Should I finish up my presentation,and then,or do you have any more questions? BEAUDET: Any more questions? Okay,so if you can summarize. LIM: Thank you very much,Mr.Chairman and Members of the Commission. As you can see,the project is controversial. We've got impact concerns by the neighbors. I think that unless we see federal funding come down to improve Hualalai Road, that you are going to probably see the only time it gets improved is through the efforts of the adjoining property owners. So we are one of those adjoining property owners, and we will improve,we have agreed to improve the Hualalai Road frontage,to increase the right-of-way, and to narrow out some of those blind corners, hopefully. We're are going to, you know,we haven't our detailed engineering, but if you are familiar with HualAlai Road,the area kind of drops off into the property, so widening out the right-of-way is going to be, you know,a challenge for us,but we are up to that task. And I think that for purposes of this proceeding, you know, we've heard what the Commission's concern is is that the portion of the Hualalai Road improvements that we are agreeing to do do not include the portion of HualAlai going around Parcel 30,the water tank site. I've talked to my clients to see if there is something we can do about that,because we understand that that's an issue that you wouldn't want to see where there is a gap in the improvements. We also have problems with the fact that we would undertake all of these improvements,as Mr.Arai said, and,you know,we have concerns that we cannot promise you that we can do the work;what we can promise is that we can pay one-sixth of the cost of construction for the improvements to Hualalai Road that would have normally occurred around Parcel 30,because we can control a payment issue,we cannot control construction because we don't own the land. And we are saying one-sixth because of the six lots that you see from Hualalai going makai,those are the six lots everybody has been talking about. If you can impose that on all the other six lot owners as they come in,then that would be a fair resolution,I think,in terms of how to get that done. So we are willing to propose that to the Commission as a means of addressing the work and continue that road improvement around Parcel 30. So, in any event, let me finish up. The Planning Commission, as you hear often from your corporation counsel, is required to consider the General Plan and the Kona Community Development Plan. In this particular case we've got impact concerns raised by neighbors; however, the Kona Community Development Plan and the General Plan both mandate that the Kona Urban Area,Urban Expansion Area and the General Plan's Urban Expansion Area are directing growth to this particular area,and we fall within the redline, the Kona Urban Area. The Kona CDP was set up so that you would encourage growth, you would encourage infrastructure development,the County 32 is supposed to pay for 100 percent of all the roadway improvements for the TOD and TND projects under the Kona CDP. And this is the place that development is supposed to go. The Kona CDP was discouraging development outside,or rezonings outside of the Kona Urban Area. My particular read on the Kona Urban Area,how it notched down into the property,is, I think if you look at it in big picture-wise,is my guess is that that red line is supposed to be up where Hualalai Road is and, Hienaloli Road is,excuse me,because that makes sense, I mean,if you look at all the development around there. The scale of the mapping at that time,which they took this base map off of was so broad that I think that the red line is actually supposed to be up on Hienaloli and HualAlai Road. So the Kona Urban Area is slated for development, and that's what the people voted for and that's what the Council approved. This is within the Kona Urban Area. If you are not going to allow this one, I don't know what else project you should allow. We are trying to address the drainage; we are going to be doing more than our fair share and taking care of the drainage coming down. It's coming down today. You heard one of the residents say they almost got washed off the road. That's the drainage that we are going to try to catch in our drainage basins and our drywells. So these are the types of improvements and benefits to the County that I think make it important for the Planning Commission to approve this project. We are going to have traffic impact just like everybody else,but I think that we come with the benefit of getting an improvement to what we've been hearing is a very dangerous road today even without the project. If the project doesn't go,you know,I don't know when Hualalai Road is going to get improved by the County. So I guess the other issue that was raised was the 15-acre LUC issue,fragmented development,and that is the big complaint when you hear the issue. But when you look at what has been done here where we are coordinating roadways, water,drainage,you know, all the other things that would be coordinated normally whether we went to the LUC or not, I think that that's the answer to the issue. Had we come in and not connected to the other roads or not connected up our water,sewer and drainage to the other projects, then different story,but this is all happening. And we've worked for several years. Like I said,they've spent a large amount of money on a drainage study that's in its fourth version and I think pretty much ready to go; we just have to finish the rezoning process in order to get Public Works to get us the final approval on the report. So I think that the Planning Commission has a hard decision. You've got next door neighbors objecting to the development with impact concerns. We think we will satisfy those concerns by doing the project;we think those concerns are going to remain the same,if you don't do the project essentially. So on balance we think it's better that the project gets approved and gets built and Hualalai Road gets improved to a safer condition. Thank you very much. We appreciate your consideration. We'd like you to consider the offer to pay for one-sixth of the cost of improving Hualalai Road fronting Parcel 30 as a means for us to pay our fair share on something that,you know, we understand is an issue. We don't have the power to construct anything there,but we can help to pay for that. And maybe Public Works with the help of the other developers in the area can get enough money to do that. BEAUDET: Thank you. COMMAND: Mr. Chairman? BEAUDET: Yeah. COMMAND: I just wanted to add one more bit of information regarding Hualalai Road. In the Kona Community Development Plan,Chapter 5,Action Plan,on the funding list for transportation projects,Hualalai does not appear anywhere on the top 16,all 16 projects listed on here. However, 33 Hienaloli Street, which is the road,the T part of the road,is listed on here as is an extension of Nani Kailua to Hienaloli. If you go back to the map there—the one before that will work,so anywhere where you see Hualalai,yeah—exactly right there at the intersection,Hienaloli goes over up north to Nani Kailua,that is on the list as our priority project in the Kona Community Development PIan, as is improvements to Nani Kailua coming up from Queen K. BEAUDET: Any discussion? NELSON: I just wanted to ask you if this,if I'm hearing it right,there is nothing on the plans for the immediate future for improving HualAlai from Queen K up to the junction. COMMAND: It's not in the Action Plan of the Kona Community Development Plan, yes. BEAUDET: Daryn,the suggested additional condition with regard to Parcel 30,is that up for consideration or,I mean,can we impose that obligation on future development or this is not the right forum for that? ARAI: I believe it is always a consideration. Whether, I'm trying to count the number of lots,but, does the one-sixth include the Hu Ko Pa project? LIM: That's correct. ARAI: Well, that has pretty much left the gate,I mean the zoning is in place,so I don't know how retroactively we can impose something upon them. But be that as it may,it is a consideration. Just be aware that a one-sixth contribution when you don't know when the others will come on line,I mean, I'm just thinking about the cost,you know, how you assess the cost,how you determine one-sixth,and how do you apply it in a fair share way. And then it all goes,you have to assess what you are trying to mitigate;if you see a need for something that needs to be mitigated,then does the one-sixth payment take care of that? You know,it's a sensitive area,so that's why I'm trying not to lead too much,but I just want to put that thought in your head. But I do believe it requires a lot more discussion. BEAUDET: Commissioners,more discussion? NELSON: Mr.Chairman,call for the question. EMLER: It's been represented here that Public Works is ready to approve a drainage study by the applicant's representative,and I do agree that we have gone through several iterations of a drainage report;however, we have not approved it. It's been represented that we are ready to do so upon approval of the rezoning. What was outstanding upon our completed review on the last iteration was that we were still concerned about coordination with adjoining property owners,because the proposal is to change the drainage pattern of the drainage that comes from offsite through the property,which they are proposing to address,but because there is a change in the drainage pattern, that has to be worked out with the adjoining property owners. So I haven't seen any firm proposal for that. That was the outstanding issue that I had. So I wanted the Commission to know that since it was represented here. 34 LIM: I'm sorry for misrepresenting that, Ki. Perhaps what I should do is to make at least for statement for the record our proposed amendments to the conditions that you have in front of you, so that at least is in the record. So the two conditions that we talked about today were Condition I, that's the one about Hualalai Road and this is how it would read: "The applicant shall provide improvements to Hualalai Road along the entire frontage of Parcel 43 and transitions consisting of, but not limited to,grading,pavement widening,resurfacing,drainage improvements,and any relocation of utilities,meeting with the approval of the Department of Public Works."—new sentence—"The applicant shall also pay one-sixth of the cost of the above Hualalai Road improvements fronting Parcel 30." The revision to Condition S,which is the fair share contribution,is all the way at the end of the condition,and it starts out with the portion of the paragraph that says,"The applicant may receive a credit against the fair share contribution required for the road and traffic improvements in the amount of the costs of land and construction of the improvements to Hualalai Road described in Conditions H and I respectively herein."—new sentence—"The applicant shall also receive a credit against the fair share contribution required for the road and traffic improvements in the amount of the costs of land and construction of the improvements to Hualalai Road for the difference in cost between a private road and the `minor street' dedicable standards for the extension of Pualena Street within the project to Hualalai Road." Thank you. BEAUDET: Question for Daryn. Would that type of language be acceptable? This is not a vote, I'm just,just a formality,the format of the language that has been offered. ARAI: You are talking about all three proposals,right? BEAUDET: Yeah. ARAI: I think the proposed amendment to Condition I regarding improvements to Hualalai Road, specifically along the frontage of Parcel 30,which is the proposed water tank site,I understand the concern,maybe the best way I can phrase this is by accepting the applicant's proposed amendment to this particular condition,it's going to exclude Parcel 30,the improvement of Hualalai Road along the entire frontage of Parcel 30. So what you end up with basically is improvements to—I wonder if I have a better map,maybe not—what you basically have is maybe,I mean,improvements along this portion of Hualalai Road closest to Hienaloli Street intersection and maybe just a touch over there,but this section here that kind of runs away from the project boundaries will not be improved. So that's where some of the testifiers have expressed concern about a disjointed approach. But I also recognize the applicant's concerns about not being able to,it's not their property,you know, I mean how do you make a demand to improve someone else's property,especially the frontage. But with all that being said,it's not like it has not been done before,I mean that's all I can say, you know,there have been situations where the Commission,and ultimately the County Council who has approved rezonings in the past as said if you want this project, you have to find a way to widen it and do certain improvements,even if it extended beyond the project site boundaries. It doesn't happen a lot,but it has happened. So if you are going to make it a requirement or keep the condition the way it is,it has to be in realization that the applicant will have to negotiate with another landowner,and their ability to be successful in their negotiations will have a direct bearing on their ability to proceed with their own development. 35 LIM: My comment on that is that I've never been in favor of that,because then you just hand the property owner of,you know,to just say how much do you want, and the price all of the sudden just went up because it's required of us. ARM: Something,I hope this doesn't complicate the discussion,but I really,really hope it helps,is that I did a real quick calculation on the fair share component,and the fair share, as I mentioned,is typically to provide their contribution toward regional impacts,and what I see as far as the Parcel 30 improvement, it's regional,because it doesn't front their property. That being said, a per-unit assignment for roadway improvements,road and traffic improvements is$5,605.09 per single-family residential unit;that means if 43 units or lots are proposed, you'll end up with a total of$241,018.87, I believe,that can be assigned towards regional traffic improvements. So I guess where I'm going with this is that that fair share obligation on the applicant can actually be credited, saying,look, you're supposed to pay$241,000-somewhat dollars for regional improvements; instead of making the payment to the County, why don't you put it towards the improvements fronting Parcel 30. That's just something I want you to be aware of, when you deliberate. BEAUDET: The option is available to be considered,right? ARAI: Correct. WHl'1-1'EMORE: Brandi,can I ask a question? BEAUDET: Go ahead. WHTI'1'EMORE: Daryn, while you are up there. Not being familiar with the approval that occurred on Lot 42 below,that subdivision,what were the roadway requirements there? And was there a credit given for-? ARAI: My apologies,I should have mentioned it earlier. Even I don't have a copy in front of me, I think,but I passed out earlier an ordinance,and I think it's 10-2,and it's actually the change of zone ordinance for the makai Hu Ko Pa lot. That is—oh,here it is—the reason that was passed out at the beginning of the meeting was in anticipation that there may be discussions on the,regarding what happened at Hu Ko Pa. So if you were to locate the particular ordinance,again,it's 10-2,and the applicant,that one also has a fair share contribution,and it also has Condition E,wait,have you all found it? Okay, if you are all with me,Applicants,do you have Ordinance 10-2? There is a Condition E,which does speak to,which does speak to the realignment of portions of the property line along the entire Hualalai Road frontage meeting with the approval of the Department of Public Works and dedication of that additional right-of-way to the County upon its,let's see,dedication to the County, let's see,so that condition talks about basically realigning to improve segments of Hualalai Road. The following Condition F as in Frank also speaks to the improvement of the entire frontage along Hualalai Road, including grading,pavement widening,drainage improvements, and relocation of utilities, meeting with the approval of Public Works. A very similar condition to that is also included in your recommendation regarding the Hualalai Partners rezoning. And looking at the location map-. WHIT1 EMORE: Excuse me,so there was no credit given as being, as being looked at? 36 ARAI: No,because,and maybe the applicant's representative can correct me,if I'm wrong,but Hu Ko Pa is kind of just going through some of their entitlement process now;they have their zoning, but they haven't actually done the subdivision itself yet. So there is nothing to credit now,because they haven't actually done the work to improve Hualalai. But I should note that in the fair share condition for Hu Ko Pa,which is Ordinance 10-2,and that will be Condition T as in Tom, if you look on Page 7 of that ordinance at the last paragraph,one of the last sentences says,it says, "The applicant may receive a credit against the fair share contribution required for the road and traffic improvements in the amount of the costs of land and construction of the improvements to Hualalai Road and the north-south connector road described in Conditions D, E and H ...,"and D,E and H are basically additional, if I remember correctly,roadway improvements required of Hu Ko Pa. BEAUDET: You've got the answers you needed? WHTITEMORE: No. BEAUDET: So your question is if Hu Ko Pa actually received the credit for any work that they had done. WHIT1'EMORE: Right. BEAUDET: The answer is no,because they haven't done anything. WHTITEMORE: Not yet,right. BEAUDET: Not yet. WHT1"I'EMORE: Right. BEAUDET: But their commitment in accordance with the conditions of the ordinance is that they improve Hualalai Road to the extent that their property boundary touches Hualalai Road. WHITI'EMORE: It's a much smaller section. BEAUDET: Yeah. WHI TEMORE: Yes,I understand. BEAUDET: Okay. Thank you. That'll be all. Okay,so, I would like to call on the Commissioners if there is further discussion that is desired between us. The public hearing of,the portion of this meeting is now closed, so we can have open discussion here at the table. If there are concerns you guys want to discuss, if there are issues that you want clarity on, this is now the time to have the discussion,yeah? HICKCOX: Mr. Chair,if I may. After going through all of this process,you know,just to kind of put things in perspective, into perspective I guess is the way to say it, is that our role as the Commission at this juncture is acting as a recommending body to the County Council in reference to this particular application,correct? 37 BEAUDET: Correct. HICKCOX: Then along those lines, there were recommendations in reference to the conditions as set forth in the Planning Director's recommendations, made by the applicant addressing the conditions that were made by the Planning Director. Is that correct? BEAUDET: Correct. HICKCOX: And as a result of that, we have not received any commitment and/or further input in reference to the actual resolution of those recommendations made by the applicant from either Public Works or anybody for that matter at this juncture. BEAUDET: Yes. HICKCOX: So,and the fact that there has been numerous testimony from the county in reference to safety concerns along Hualalai Road, I understand also the fact that within the purviews of the statutes that apply to this,that the applicant has all of the right to apply for what he is applying for now,a special use permit,etc.,not a special use permit,but the, yeah,the boundary amendment and the rezoning;so I think before we can even start to make a decision on this, we need to find out further clarification from Public Works in reference to which way they are going to go with this, as far as the recommendations are concerned. There is representation made by both sides in reference to the sewage issues and stuff,so I'm,at this juncture, I am thoroughly concerned and confused,and I personally would like to have,you know, more clarification presented to the Commission prior to making any decision. Thank you. BEAUDET: Okay. So as far as the sewer system, I think there was confirmation from the Department on what they would require the developer to develop,right? HICKCOX: But nothing committed on the part of the developer. BEAUDET: That's part of the conditions,right? HICKCOX: Yeah,that they comply with. BEAUDET: That they comply with. So if they don't comply with,then they don't build. HICKCOX: Right. BEAUDET: Right,so, I mean,so the conditions are set for that. HICKCOX: Right. BEAUDET: The conditions as presented in the Planning Director's recommendation commit the developer to Hual Alai Road improvement,for a certain portion of that. So the applicant has requested a modification of that condition,right? So our recommendation to County Council would either, if we were to have a favorable decision,we are making a recommendation to the County Council that they have to do that. The applicant can ask for the same changes again at the Council level,because all we are doing here today is making a recommendation. So there is more 38 opportunity for both the applicant to make their argument and also for the community to make their arguments as well. We reinforce either side with today's decision whether we support the Planning Director's recommendation or not. Or we continue this discussion at a later date, which I think you might be trying to imply. HICKCOX: Yes, I think from my personal perspective,and, you know, it's up to the other Commissioners as far as the voting process is concerned,but as I see it right now,at this juncture I would Iike to see more response from Public Works in reference to the recommendations that were made by both the applicant and the community. ARAI: Maybe I, I know you want to hear from Public Works and maybe not from me,but I'll try to see if I can help this whole process along. Now,the applicant has reviewed the proposed conditions of approve for the change of zone,and again they have articulated what specific amendments they would like to see. One of them was Condition G where it talks about the interior roadways improved to,the certain connecting roadways be improved to County dedicable standards, which includes curb, gutter and sidewalk improvements. And that's to facilitate the north-south connecting roadway that's emphasized by the Kona CDP. The applicant offered a Condition G that is similar to the Condition G that was embodied in the previous recommendation that went to Council, and that provided more clarity,because it talked about how the connector road would be built as an extension to Pualena Street to minor street dedicable standards at no cost to the County, curb,gutter and sidewalks provided in areas of pedestrian traffic in conformance with the adjoining development and the Department of Public Works policy, no secured gate shall be installed on any roadway or entrance to this project, and so forth and so on,and it talked about the developer, homeowner and homeowner association shall be responsible for landscaping within the right-of-way. We are basically amenable to the condition,maybe just tweaking it a little bit to make sure that this connector roadway is the roadway that's going to connect Pualena to Hu Ko Pa, because, as you mentioned,as the applicant mentioned,if Hu Ko Pa does not proceed,then they have a means of access,which is the connection to Hualalai Road;what we want to see is Pualena extension in the future,the road stubbing out to the south and connecting with Hu Ko Pa,because that has been the representation,that that would be the project's primary access. So we are amenable to the change to Condition G. And we can work the language to match as long as the Commissioners agree to that. BEAUDET: Well, I think the primary route of,traffic route was implied to be going through Pualani,right? ARAI: Correct. BEAUDET: But there is really, it's not a very strong argument because it is,the road's completion only gets done when Parcel 22 is developed. There is really no control over that. ARAI: Correct. BEAUDET: Okay, so the actual primary traffic route is Hualalai,right? ARAI: That is the failsafe. BEAUDET: Because the condition does not direct the developer to push through Parcel 22. 39 ARAI: Right. That is correct. BEAUDET: So regardless of how we change the language,it doesn't make the road happen. ARAI: Right. Correct. BEAUDET: Yeah,so I just needed to state that. ARAI: Sure. And that's accurate. Thank you. There is also Condition I where the applicant asked that the,this is the improvements to Hualalai Road frontage of the project site,and he wanted to exclude,or they wanted to exclude Parcel 30 from the mix,which is the water tank site. Public Works can maybe clarify,but I did speak to him,to Mr.Emler,and he is not supportive of excluding Parcel 30,especially, you know, given your current statement that in case Hu Ko Pa does not proceed,then for the time being,Hualalai Road will be the primary project access,so as the primary project access,you want to mitigate certain impacts along the particular roadway. So I think as it stands now Public Works would probably want to see Parcel 30 be included,and left as is within your current Condition I. Regarding the fair share, the applicant's recommendation was, if Condition G,which talks about the interior dedicable roadway to be constructed and dedicated to the County,if that could also be included as an option to be credited against their fair share obligations. I'm not certain about that one yet,simply because normally fair share is for regional improvements,regional meaning offsite. Even thought it's built to County dedicable standard, which is I guess maybe they could argue it's a higher standard than what we would normally look for, if it was a privately maintained subdivision road;the fact of the matter is that whether County dedicable or not,it services their subdivision,it's an internal subdivision road,and if, you can imagine,if other subdivision roads are built to County dedicable standard,you know,can they ask to be credited against their fair share obligations? That's one I'm not too comfortable with. So I guess maybe Mr. Acting Director,but that's my thoughts. So hopefully,that provides some clarity,and I don't know if Mr.Emler wants to try-. EMLER: May I say something? ARAI: Sure. EMLER: I'd like to address that issue about they are going to do a lesser,they would otherwise do a lesser standard,but they are going to do a dedicable standard;the Subdivision Code requires them to do a dedicable road. The only way to get around that is to go through the PUD process and the Planning Director allows them to go to a lesser road standard. So right now,as it stands before the PUD is approved, they have to do a dedicable road. WHIT1'EMORE: Brandi,can I-? This may, I've lost my train of thought, I apologize. I'm sorry. It will come back to me. Oh,I know what it was. You know, I still have a lot of questions about what's going on,and I share my fellow Commissioners'concerns. I would love to have an opportunity to have Mr. Yuen appear before us and explain to us the full picture of what occurred at the time he made the decision to grant all of these less than 15-acre parcels. I would like to, I would like to hear that just to understand more of the historic point of view. And also, I apologize because a lot of this stuff was delivered late and I do not feel like I'm really properly prepared to ask the 40 kind of questions I probably would have liked to. So I have a lot of questions still remaining, lingering. BEAUDET: You could make a motion for a continuance,yeah? WHITTEMORE: Well,I,okay, I'd like to make a motion maybe that,I move that the public hearing for application State Land Use boundary amendment,SLU 13-38,and change of zone application,REZ 13-164,be continued until at least the next meeting,so we can better review this and maybe perhaps get our questions answered prior to. COMMAND: Do they have to act on the motion first? I have a-. ARAI: Yeah. COMMAND: Okay. ARAI: Yeah,so there is a motion on the floor. BEAUDET: Is there a second? HICKCOX: Second. COMMAND: Discussion? BEAUDET: Yeah. COMMAND: I have a question of staff. Are there any statutory limitations on the amount of time that the Commission can take on making a decision regarding this application? ARAI: Code specifies 90 days to render a decision once the recommendation of the Planning Director is delivered to you. That basically would be roughly 90 days from today. So your August meeting I believe was going to be cancelled just because of the way all the other applications fell around it. So we could look at your September hearing to hear these two particular applications, and it will fall within the 90-day time frame. If the applicant,well,anyway, it will be okay is basically what I'm saying,but anything beyond that we will need the concurrence of the applicant. UNIDENTIFIED PUBLIC MEMBER: Will the public be able to testify? ARAI: Right now,the public hearing part of this has been closed, so even if this meeting were to be continued,the public hearing portion is closed. However, the Commission at that time could elect to reopen the public hearing, so -. COMMAND: Regardless,you'll be able to attend. VAN PERNIS (in the audience): But Mr. Yuen(inaudible) as a member of the public? ARM: Anyway,you know,the Commission,It's awkward that I'm actually-. 41 BEAUDET: I'm not sure if the Commission can require someone to testify for historical reference. Maybe the community could encourage their other community member,but-. ARAI: The only thing,maybe what I can suggest or recommend is that, I don't know,I don't know about having Mr. Yuen up here, I mean that is almost like a subpoena,I would gather. However, what the Department could do is try to maybe prepare something to you in writing that articulates and tries to memorialize for you what drove the condition. And to give you some reassurance,I was part of the review when it occurred under Chris Yuen. WHIT EMORE: Yeah, I would be satisfied with that. ARAI: So we can put something in writing. That way,you know, it can be shared with everyone, forming the basis of what led to the particular decision. And then what I could do,too,is I can make contact with Mr. Yuen to try to make sure the story gets straight. So that's an option. So I'm just throwing it out there. BEAUDET: Any further discussion from the Commission. GIMPEL(in the audience): I have a question. BEAUDET: It has been moved by Commissioner Whittemore for a continuance and seconded by Commissioner Hickcox for a continuance of this application for-. GIMPEL: No,no,no-. MASUNAGA: Excuse me,you are out of order. GIMPEL: Motion for a continuance of the public hearing,that was the wording of the motion. BEAUDET: Sir. All those in favor,say aye. ALL COMMISSIONERS: Aye. BEAUDET: Okay. All those not. It has been voted for a continuance of this application to a date that would be determined at a later point in time. The discussion ended at 1:50 p.m. Respectfully submitted, ›Ni_t_Lie„ Noriko Sauer, Secretary Leeward Planning Commission 42 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT SEPTEMBER 26,2013 A regularly advertised hearing on the applications of HUALALAI PARTNERS OF KONA,LLC (SLU-13-038/REZ-13-164)was called to order at 10:15 a.m. in the West Hawaii Civic Center, Community Center, Building G,74-5044 Ane Keohokalole Highway, Kailua-Kona,Hawaii,with Vice Chair Brandi Beaudet presiding. COMMISSIONERS PRESENT: Geraldine Giffin,Brandi Beaudet,Thomas Hickcox, Richard Nelson, III, Barbara Nobriga and Thomas Whittemore ALSO PRESENT: Bobby Command (Deputy Planning Director),Margaret Masunaga(Deputy Corporation Counsel),Daryn Arai (Planning Program Manager),Jeff Darrow(Planner), Kiran Emler(Department of Public Works,Engineering Division)and Noriko Sauer(Commission Secretary) And approximately 30 people from the public in attendance. APPLICANT: HUALALAI PARTNERS OF KONA,LLC (SLU-13-038/REZ-13-164) Applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural 5-acres (A-5a)to Single-Family Residential-15,000 square feet(RS-15) for approximately 14.968 acres of land. The property is located southwest of the intersection of Kahului-Hienaloli Road and Hualalai Road, north of the Sugar Cane Lane Subdivision, Kahului 2"d, North Kona,Hawaii,TMK: 7-5-017:043. GIFFIN: We are on Agenda Item No. 2. Hualalai Partners of Kona,LLC is requesting both a state land use boundary amendment,in its application, SLU 13-038, and also a change of zone application,REZ 13-164. Daryn? ARAI: Thank you,Madam Chairwoman. Good morning,Commissioners. Before we get into this particular agenda item,it occurred to us that you have before you the minutes of the July 18 hearing,which also considered this particular, these applications. So we think maybe procedurally it's best if you act on your minutes to adopt them,and once adopted, then those minutes become official,and then we can incorporate-. GIFFIN: Part of the record. ARAI: Right,right,right. So we think, if you don't mind -. GIFFIN: I don't. That's a very good point. Commissioners,did you just hear what Daryn said? Do I hear a motion then? HICKCOX: So move,Madam Chair. GIFFIN: Do I hear a second? 1 Attachment to: Ca-rm. 485 Bills 143& 144 NELSON: Second. GIFFIN: It's been moved and second that we approve the minutes of—Daryn, tell me the date again. ARAI: I believe it's July 18,2013. GIFFIN: Okay. All those in favor, say aye. ALL COMMISSIONERS: Aye. GIFFIN: All those opposed,say no. Thank you. All right. Daryn? ARAI: Thank you very much for accommodating us. If I may direct everyone's attention to the presentation screen. For the benefit of, as I mentioned earlier,these particular applications were heard by the Leeward Planning Commission back on July 18,2013. For those,as a reminder for all the Commissioners who were in attendance that day,and for those who were not in attendance,if you could allow me to go over and do a brief recap of the presentation that we offered that day. GIFFIN: Thank you. ARAI: Again,you have before you at this moment two applications: One is a state land use boundary amendment,the other a change of zone application, requested by Hualalai Partners of Kona,LLC. We are looking at a portion of North Kona. The project site here is located on the mauka side of the Queen Ka`ahumanu Highway in close proximity to Pualani Estates Subdivision, which is indicated here in the mustard color. The project site is located on agriculturally designated lands as indicated by the green color,located immediately south of Hualalai Road,which is this white line going left to right, and Hienaloli Road,which is this white line going north to south. This is a close-up of the project site again outlined in black. As you may note,its location along the south side of Hualalai Road,and with Pualani Estates being in this proximity here shown by the mustard color,which represents a Single-Family Residential 7,500-square foot minimum lot size. We do have other subdivisions in the area,including this lighter color here—I'm not sure,it's a light tan, I believe—RS-20 zoning,20,000-square foot minimum lot size,that's Hualalai Heights, and Sugar Cane Lane,which is this area here in the darker mustard zone, RS-15,or 15,000-square foot minimum lot size. This is a depiction of the County's General Plan Land Use Pattern Allocation Guide Map,which is the County's long-range policy planning document. As you can see,the project site of just under 15 acres in size is bisected by a crosshatched area,which represents Urban Expansion,on the makai portion of the property, and on the mauka half within the Intensive Agricultural designations. The Planning Director has made a determination,given the broad-brush nature of the General Plan LUPAG Map, that the project site sits entirely within the Urban Expansion area. This is a depiction of the State Land Use District Boundaries. The green color represents agriculturally designated lands,which also includes the subject property here outlined in black. The pink represents those lands that currently maintain an Urban district classification. Yellow off to the right where Kona Orchards is situated,is designated for Rural uses, which is roughly half-acre size lots and orchards. 2 This is a depiction of the Kona Community Development Plan. If you look very carefully where my pointer is showing,even though it's shaking a lot,that's where the subject property is,again, outlined in black, and you may note the Urban boundary,the Kona Urban Area also bisects the property. But because the Urban Area was defined by the Urban Expansion Area designated by the General Plan,and because the Director declared the entire property as situated within the Urban Expansion Area, we would then determine the subject property to be entirely situated within the Kona Urban Area as depicted by the Kona Community Development Plan. This is an aerial photo of the property. As you can see,Pualani Estates,Hualalai Heights,Sugar Cane Lane,you can barely make it out in this area here. The applicant is requesting a state land use boundary amendment from Agricultural to Urban district,a change of zone from Agricultural 5-acre to Single-Family Residential 15,000 square feet minimum lot size for approximately 14.968 acres of land. The applicant's reason for the request is to allow for the subdivision of the property into 43 lots. The project will provide for future road connectivity within the subject property located makai,which is Parcel 42,of the project site,and the project site is commonly referred to as the Hu Ko Pa project. Improvements will include a stub-out for the future extension of Pualena Street through Parcel 22 to the south and an alternate access to Hualalai Road. Should the rezoning be approved,and the state land use boundary amendment,I should mention,the applicant will then intend to submit an application for a planned unit development permit,which allow for flexibility in the design and the selection of smaller lot sizes,a minimum of 10,000 square feet in size, to be accessed by non-dedicable roadways. This is a depiction of the applicant's development concept. Hualalai Road is located here at the top of the site plan,Hienaloli Road off to your right,and the Hu Ko Pa project is off to your left. As you can see,the interior road layout with a stub-out to the southern boundary of the property that would eventually connect to Pualena Street,which will then connect to Puapuaanui Street located to the south of the property,and which goes through the Pualani Estates development and then accessing onto the Queen Ka`ahumanu Highway. You may also note an access connection here onto Hualalai Road,as well as a stub-out to the makai,or west,that will connect to the Hu Ko Pa project,which will then provide a consolidated access point,a single consolidated access point onto Hualalai Road. I should note that the reason for the two different colors on this site plan is through the P.U.D.process the zoning,if eventually approved, would be,would require a minimum lot size of 15,000 square feet;by applying for a planned unit development permit,and if successful in securing the permit,the applicant cannot exceed their permitted density required by zoning,but could allow for adjustment of minimum lot sizes where the applicant is envisioning 15,000 square feet or larger lots along the mauka portions of the project site,and the smaller 10,000-square foot lots on the makai half of the project site. And those are depicted by those two different colors. This is just a closer aerial photo, and our apologies that the project site is barely outlined by this, somewhere in this vicinity here,just to give you a representation of the state of development on surrounding properties. And this is a much closer view of the property. This is looking north along Hienaloli Road. The project site is off to your left here,and the intersection with Hualalai Road is off in the distance in the location. This is on Hualalai Road looking makai,or west,with the property off to your left once again. And this gives you a sense of the width of the existing Hualalai Road,at least the pavement width, I should mention. This is 3 looking further down,continue to look makai along Hualalai Road. This is now looking back up with the subject property off to your right this time. Once again, the Director is recommending favorable consideration of the State Land Use Boundary amendment and the change of zone request. I know Commissioner Giffin made mention,and I fail to do that earlier,she wanted me to kind of identify some of the commonly-referred-to roads within the background report. This is where Hualalai Heights is,and Sugar Cane Lane, this is Pualena Street in this proximity here,which would then connect to the stub-out on the south side of the Hualalai development concept. And as you can see,this is Hu Ko Pa, which already has its zoning approvals, which would allow for I think it was a 53-lot subdivision,and for which this project will interconnect with the Hu Ko Pa interior roadways. Part of their interior roadways will also provide for a southerly connection with Pualena Street,which is also located in this proximity here;as you can see, it connects to Puapuaanui,which then connects to Queen Ka`ahumanu Highway. So hopefully,that,is that sufficient,Madam Chairwoman? GIFFIN: Yeah,so just for clarity,the road that actually connects the proposed subdivision to the Queen Ka`ahumanu Highway is,which one,Daryn? ARAI: It would eventually be Pualena. Now,in the future,should this property here,which is referred to as Parcel 22, should the landowner in the future apply for entitlements like rezoning, state land use boundary to develop their properties,then through the review process we would require connection to Pualena Street here,as well as the stub-out to the Hualalai Partners development. So eventually,there will be like two connection points to Puapuaanui. GIFFIN: Good. And then,again,over and over I read some sort of north-south connector roads, okay. Are they different from these two roads that I asked you to clarify? ARAI: The north-south connector road that we are looking at within the Hualalai Partners project is an extension of Pualena Street,which is located on the mauka side of the Hualalai Heights,Pualani Estates development area,and—sorry,I wish I kept the slides together, I guess,there. I should note that since your last July meeting we've received a number of correspondences, all of which we were able to make copies,some of them were delivered just today,and all of them have been distributed to you for your review. GIFFIN: Thank you very much. Commissioners, any questions of Daryn? Director. COMMAND: Madam Chair, may I ask a question of the staff? GIFFIN: Yes. COMMAND: Daryn,I don't know if you will be able to do it,but if, maybe the applicant when they come up,tell us what the line at the far right there is, the darker, I guess it looks like a walking path or something,to the far right,yeah. ARAI: This right here? 4 COMMAND: Yeah. When they approach. It doesn't have to be right now. ARAI: I would rather defer to the applicant. GIFFIN: Okay. Commissioners,any questions of Daryn? Okay,hearing none,I think what I'm going to do is ask the applicant to come forward first,and just give us a brief review. So at this time could we please have the lights on,and the applicant and their representative please come forward and sit down. Thanks,Jeff,for the lights. ARAI: Chair? GIFFIN: Daryn. ARAI: And while we are,thank you,while we are waiting for the applicant representatives to be seated,I need to remind the Commission that the public hearing part of the proceedings have been closed;so in order to accommodate additional public testimony,the Commission would have to consider reopening it to public testimony. GIFFIN: Right. Bobby. COMMAND: Yeah,Madam Chair, I'd just like to publicly acknowledge the property owners for being responsive to concerns on the blind curve; someone came up talking about the bushes being a little bit too big there. Thank you for doing your part and cutting them down. GIFFIN: Commissioners, I don't know if you heard what Daryn just said regarding opening up public testimony,but I think we can discuss that after we hear from the applicant. So procedurally, if that's okay with you,that's what I would like to do. So,all of you have microphones in front of you,will you please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? REPRESENTATIVES: I do. GIFFIN: Thank you. Starting with you,Steve, why don't you go ahead and introduce yourself. LIM: Thank you very much,Madam Chair and Members of the Commission. I'm Steve Lim from Carlsmith,representing the applicant,Hualalai Partners of Kona,LLC. Seated to my right are members of the LLC,the,what we call the Barrett Brothers: Lee,Rick and Al. GIFFIN: Thank you. And the third man down there? A. BARRETT: Al Barrett. GIFFIN: Al,okay. Thank you and welcome. I don't know if you would like to begin,Steve,or did you want them to address just a slight overview? LIM: Yes,what we will do is we'll give the Commission through Lee some, a little bit of an update from the last time we met,and then I'll wrap up things. Thank you. 5 L.BARRETT: Good morning,Chair Giffin. GIFFIN: Good morning. L. BARRETT: Commissioners. Just a brief recap on some of the items that, we ended up getting the transcript from the last one and we've heard all the testimony,and throughout our H.O.A. meetings with the homeowners, the six different meetings that we've had, we had a response that we had written to you. And some of the major issues were water, and we feel that we have addressed that by being members of the Waiaha Water System, and that will be actually benefiting the County through adding over two million gallons of water per day to the system. The traffic— most of these items,we feel that we've had licensed architects, we've had engineers, we've had our archaeological, and they've taken care of everything with the County all the facts and all the legal aspects of this—so the traffic,we have done traffic studies for this numerous times,and even during peak hours they have all been addressed and been satisfactory. Looking at the map there,on the mauka side there,you do see a walking pathway,and that was addressed because of the community concerns;we have an area that they can get off of Hualalai Road and walk somewhere different than actually on the road there. All the stub-outs have been taken care of with DPW and Ki Emler;we have met with our traffic expert there. All the project access,as of this time it's a standalone project with the entrance onto Hualalai Road, and that was also addressed by the County Council the last time we were up here,so we wanted to make sure that this was not considered a cul-de-sac issue; so we did provide the stub-out there to Hualalai Road. And actually at the time,when we need to get this engineered, we'll figure out the best way. But the sight is enough distance, and I forget if it's 300 feet either way,but it does have adequate sight distance on either side of that. Drainage,and what you see also on the mauka side of the property, you see the trees,and there is actually a right-of-way there,which we are going to address some of the offsite drainage issues coming onto the property,as well as drywells throughout the property,and make sure that no water is generated coming off of our property. But we will be taking care of a portion of the offsite property coming down as well. We feel that the benefits to the County will really address some of the community concerns that have been brought up as far as roadways part of the conditions;we will have to improve the roadways. Drainage was another one,and we are gong to address drainage to take care of some of these things. And generating income to the County,over 500,000,$560,000 will be generated to the County through the fair share and parks and the Police and Fire and the roadways. I believe that's it that I had on the benefits of our project. Thank you. GIFFIN: You're welcome. Sir,did you,are you prepared to speak to the project this morning? R. BARRETT: I am prepared,but I have nothing further to say. GIFFIN: Fine. And you as well? A. BARRETT: Yeah, as well, I have nothing new to add to it, so, we had the, with the last testimony, I think,so nothing new at this point. GIFFIN: Thank you. A. BARRETT: Mr. Command,though,did we answer your question on the access point? 6 COMMAND: Yes, you did. Thank you. A. BARRETT': Okay. GIFFIN: Commissioners,any questions of the applicant? Tom. WHI TEMORE: I'd like to ask a question on your letter of September 12. On Page 5,just a clarification,if you would,on the bottom of the page,"Project Benefits," and I want to make a reference to the last three lines there that,it's saying,"The improvements will include,but not be limited to,grading,roughly 20 feet of pavement widening." And this is Hualalai Road,right? And an earlier letter of July 15 to Ben Ishii,the letter makes a reference to five-foot wide future road widening. Can you just clarify what you are talking about when you say 20 feet? Is this 20 additional feet? When I think widening,you are widening the road 20 feet. Is that it? LIM: I think it's two different things. WHI'I-1'EMORE: Well, that's why I want some clarification, yeah. LIM: Right. So I think that the roughly 20 feet of pavement widening they are talking about is the widening of the existing right-of-way and pavement on Hualalai Road. The five feet that you are talking about that's in the condition is a future road widening setback, so it will still be part of the subject property,but they can't do anything with it;if the County wants the five feet later,they'll ask us for it and we have to give it. WH1'I'I'EMORE: So where does the 20 feet begin,center line? LIM: It will depend on where Mr. Emler decides where the middle of the new Hualalai Road will be. WHTI"I'EMORE: Okay. And I don't hear any mention of any guardrails or anything,and the improvements I hear are road widening and then there is some drop-off that has been mentioned by several of the public. Is that in part of the improvements that are intended to be done by the developer? LIM: We haven't gotten to the design stage. That will be pretty much up to Public Works when they review the construction drawings. WHITTEMORE: Okay. GIFFIN: Thank you. Commissioners,any other questions of the applicant? Mr. Beaudet. BEAUDET: Steve was going to follow up,right? GIFFIN: Yeah,but I thought that maybe what we should do is go ahead and question or ask right now,especially in light of the fact that you follow through your comments or,according to this letter,if I'm not mistaken,right? Okay. So, anyone have any questions of the applicant? Hang on. I do. Steve-. 7 LIM: Thank you,Madam Chairwoman. GIFFIN: I'm sorry,I have a question or two. There was some discussion about what the applicant was going to do regarding improvements on Hualalai Road,correct? What is the distance of the frontage of the property in question? Approximately. We don't have to go into inches but. A. BARRETT: The stub-out-. GIFFIN: Will you identify yourself for the record. A. BARRETT: My name is Al Barrett. I'm a member of Hualalai Partners. GIFFIN: Thank you. A. BARRETT: The portion that is not colored in, kind of on the curve,the property,I think that's Lot 30,that is about 800 feet right there. So I think the remainder of our portion is maybe 1,500 feet. So it's probably 2,000,2,300 feet total frontage, and 800 of it is on a different property. GIFFIN: So then your frontage represents what percentage of the road,the whole road of Hualalai? 1 just want a physical approximation of how much improvement you are going to do. I'm not familiar with this road at all. So maybe,I don't know,Steve,can you help us? LIM: I'm looking at the Exhibit 2 in our application, which is a Tax Map,which probably is close in terms of scale. And when you take it from the Hu Ko Pa parcel entry,which is where the main entry for this project would be, within Parcel 42,and you take it up to mauka past Hienaloli to the mauka most portion of Parcel 43, which is on the lower right hand corner there,and you take it from the point all the way back down to Queen Ka`ahumanu Highway is which you are asking,it's a very crooked line,but just ballparking it I would say probably 40 percent,something like that. GIFFIN: That's what I thought as well. Thank you. COMMAND: Madam Chair? GIFFIN: Director. COMMAND: Just for clarification,Hualalai Road does extend beyond that up to HOlualoa,and I believe that all of Hualalai is approximately three miles,so we are talking 15,000 feet,right,give or take. GIFFIN: Yeah, yeah. Hang on, I have to find my letter. I appreciated this letter, Steve,dated September 12,that you referenced in your comment this morning. Reading over the testimony from the last meeting there was some concern,in fact a lot of concern, regarding the traffic on Hualalai Road. Also there was a lot of concern about the sight distance on Hualalai Road. And I wondered if more specifically you could elaborate on those two issues in particular. LIM: Thank you. With respect to the traffic along Hualalai Road, I think we heard from the neighbors,and I think it's pretty common knowledge, and they say substandard road that's fairly well traveled,maybe less so now that Puapuaanui has opened up. But still,you know, it's not the 8 best road. And I think at the last meeting we also heard I think from the Deputy Director that the County has no plans to fix and no money to even start fixing HualAlai Road anytime soon. So I think what you are looking at,you know,even if our traffic report says that the proposed project will not significantly impact traffic along Hualalai Road,that there is a perception that it is not good today. Our position is that unless the County is going to do it, then the County has to recognize that the developers will do it. And I think you people have been on the Commission quite a long time; I think you see that happening through Kona. I think the Mayor just gave a speech last week at the H.C.P.O.conference where he said that probably Ane Keohokalole Highway was the first road the County built in 40,50 years or something like that. So I think that as,you know, as responsible developers,and you as responsible Planning Commissioners,we have to recognize between ourselves that regardless of the issues on traffic, unless you are totally going to say there is no further development in Kona,you have to rely on a development to come in and put in their fair share roadway improvements. And so that's why we, you know,and I think that you received a copy of our September 26 proposed changes to the County's,to the Planning Department's conditions of approval,and the red additions are our proposed changes. Part of the changes are to, they are related to this traffic issue, are at Condition I,and effectively what we are saying is that we would improve HualAlai Road along the frontage of this Parcel 43,which is the standard,and the red addition is that in addition we are going to pay our fair share of the cost of improvements to the south half of HualAlai Road fronting Parcels 30 and 11, which are the notch right there in the middle of the project on the top side. And those are, I think one is owned by Dan Bolton or one of his companies,and the other parcel, 11, is a County water pump site I think it is. But what we proposed in this is that we would pay our fair share,provided however that this fair share of those improvements,which we don't control,shall not exceed$75,000. The reason why we've got the $75,000 is that we had, the Barretts went in,did the estimate of the 6 or 700 lineal feet of that area that they don't own,recognizing that we can't construct a road on somebody else's property, we are proposing to do our fair share,which is one-seventh of the approximately$500,000 cost of the road improvement. The one-seventh comes from looking at the four parcels that are lined up mauka to makai,two parcels to the north,and the Dan Bolton Parcel 30 there;so that's the seven parcels that we are looking at in terms of the,you know,the denominator I guess that is. So in terms of addressing the traffic impact,that's what we are proposing. And I think you are seeing in this particular application a unique situation. I think we are coming to a point in permitting entitlements in Kona where the Planning Commission and the County Council have to make a decision,a policy decision, you know; are we going to go forward and approve good projects for good people,and try to improve the roads and address the water—they are going to be catching the drainage coming from the mauka subdivisions,and we don't have to do that,but that's, they recognize that's the right thing to do,so they are going to do that—or are we just going to say nothing happens in Kona? I think, you know,most of you have been on the Planning Commission for at least three,four years,some of you coming back for your second term,third term, so I think you will find the statistic enlightening, it was for me anyway; since the adoption of the Kona C.D.P. in September of 2008, in Kailua-Kona proper, you know,downtown Kailua-Kona,there has only been one rezoning for more than,there has been a couple that were for two lots or three lots,maybe two of them,other than those there has only been one rezoning approved in Kailua-Kona since September 2008. The rezoning was the Hu Ko Pa project right below this. If you don't approve this one, I think what you are going to see,because this is being watched by many people in the business community, I think what you are going to see is a resignation that you cannot do anything under the Kona C.D.P. in Kona. The only reason why we are sitting here today is because we do not fall within one of the T.O.D. blue bubbles,we do not fall within one of the concurrency zones; 9 we are kind of in this little sweet spot,so we are very fortunate to be there. What you don't see is you don't see all the applications that have either been withdrawn,and more you don't even see the people that don't even bother to apply. To me, you know,that's the elephant in the room. Something is not right. When you have Kailua-Kona propose for goals, we've got the Kona Urban Area,the whole idea was we want to support development in the Kona Urban Area because we want to reduce the pressure to rezone outside. So now we are coming in on a Kona Urban Area project,and we are having a very difficult time,as you can see. I mean I understand the concerns by the residents, you know,they live there,we don't,but we have to go with what we have in terms of the planning documents,and as far as we can tell,we've complied with all of the General Plan, Community Development Plan,the concurrency requirements, and the mitigation factors with respect to the drainage,the water and,you know, hopefully the traffic. So to us it's an important project. And I think the benefits of the project greatly outweigh the negatives. And I worry for the future of Kona,if this project doesn't go. I mean,you don't see probably 80 percent of the project people who want to go for it now; I mean they go to talk to the Planning Department,they don't fall,you know,they fall within a T.O.D.circle or the,you know,concurrency zone,which the County is not going to build roads on in a foreseeable future. So they are dead in the water. So this is one of the few that can come through,this one and the Hu Ko Pa project. So what we are trying to do is to at least give some meaning to the Kona C.D.P.,which we want to comply as best as we can. And the proposed conditions that you see in red on our September 26 submittal are effectively matching up these conditions of approval with what was approved on the Hu Ko Pa project. We,in terms of the Hualalai Road traffic,the main proposal the applicant would like to do is to go makai,and connect that with the Hu Ko Pa street to go into Hualalai Road at that one section near the boundary of the properties. That's the best place to do it, that's the best sight distance,that's the easiest to construct. If we have to,we will put in the one that's shown I think in pink,which was added during the run through the Council the last time,the one there at the top of the picture. If we have to,we will put another access point to Hualalai Road. It meets the minimum sight distance requirements,but that's probably not the best idea. We would think it would be better to coordinate and consolidate the access for both projects in the area that's best suited for the connection. I think what we are seeing is,at least we are seeing,and I just talked to the Building people,the Building department,excuse me,the planners from Kona,this side,who do all the building permit reviews,and they said that they are getting,you know,a lot more building permits in the house. The market is coming back. And what I fear is that if we cannot get the project through the entitlement process because of the Kona C.D.P., then Kona's going to miss out on the next economic boom; I mean,if you look at what's happening on all the other counties with respect to the market forces there,they are moving forward and going. And, you know,when you look at the history of the Kona C.D.P. and what has happened with respect to rezonings in Kona proper and you only see one other project, that's a concern to us. That's a bigger problem than, you know, than this particular project. But it gives some story, back story to the reasons why we are here. And the Barretts are smart guys; they know that this is going to be a difficult project to do, but they feel strongly that this is the right thing to do for both them and for Kona. GIFFIN: Thank you. Once again,Commissioners,any questions of the applicant? Brandi. BEAUDET: Steve,you just mentioned that the optimal access point to Hualalai would be through Hu Ko Pa on the mauka access point into the subdivision, or Parcel 42. Now,in accordance with a subdivision clause that was signed at the time of the subdivision of the four lots within this area, 10 there was a warranty deed that was agreed to by all of the partners at that time,committing them to work together in establishment of one proper access throughout the development area. Now, looking at the development plans, preliminary development plans for Hu Ko Pa,we have three access points: one going into Paulehia, and then two onto Hualalai Road. Would the applicant be amenable to an additional condition that access to your parcel is,to HualAlai Road,is contingent on the road infrastructure completion of Parcel 42? LIM: So you would require,potentially require that the access to the subject property be through the I guess through the extension of the Paulehia Street to Hualalai Road,as provided in the Hu Ko Pa zoning ordinance. BEAUDET: Yes. LIM: I think if it was up to us, we would probably agree to that. The reason for the pink addition to HualAlai Road was from Councilman Ford who said you are creating a cul-de-sac;so we said,okay, we'll see if we can punch out another road. We prefer not to do that,but we would be willing to do that. To some degree we,the only reason why we can agree to do that for something that technically this applicant doesn't own is because they are a family relation,they are not legally related but family related;so so long as that stays the same, I think we can commit to do that. BEAUDET: But with the additional widening of the right-of-way by 20 feet within the boundary of the applicant's parcel, wouldn't that improve your line of sight for an additional access to Hualalai? LIM: Possibly. We-. BEAUDET: With the exception of the water tank parcel, right,Parcel 30. LIM: Right,right,right. So we've done the study for the pink access to Hualalai,and I think it would just minimally be making it. And the question was whether that should be,you know, whether that was a smart idea or not. We think probably not. We think probably we would rather go through Hu Ko Pa, and make the connection at one place for both projects where it's best suited. BEAUDET: So the analysis was done on the current situation or the improved situation? LIM: Current sight distance, I think, in that area. So we are not expecting too much change right at the one point, I think it's mostly road widening;once you get up to this other area where the water tank is,you get more slope I guess off the road,so we don't know whether the road widening is going to be more on the mauka side,which is less expensive than it is to fill on the makai side. BEAUDET: Thank you. GIFFIN: Commissioners,any other questions of the applicant? HICKCOX: I have one, and it's just curiosity I guess. If this is approved,construction for both of these developments,are they going to take place simultaneously? LIM: I believe so. It's—you guys can chime in—but one of the big things that is holding up the makai property is the mauka drainage improvements that would happen on this property. Now, if 11 they don't get this property approved, it may not be financially feasible to do all those improvements for the makai property. HICKCOX: Yeah, so I guess what I'm asking also is that the stub-out proposals and the tie-in proposals to the existing roadways,right,are all going to happen at just about the same time. L.BARRETT: To try and answer the question, I think that would be tough,it would be very difficult to do both of them simultaneously,but I think rather in phases it would have to be done. And Paulehia Street extension I believe on Hu Ko Pa, the phasing along that street would be Phase No. 1,just to connect Paulehia Street to Hualalai Road and to Puapuaanui. HICKCOX: Okay,thank you. GIFFIN: Commissioners,any other questions of the applicant. Tom. WHITTEMORE: And this might be something maybe to staff also,and you could provide some clarification of your intent but,staff,the applicant has already indicated that they are going to go into P.U.D.,which is going to be more density in those lots,if they go through that. There would be I assume one remainder lot in there,right? Is that how the P.U.D. would work? ARAI: A planned unit development permit is to provide basically a series of variances in order to facilitate master planning of a proposed development. What that basically means is they cannot use a planned unit development to increase density;density is established by zoning, a P.U.D. cannot change that. What the P.U.D. is basically for is the zoning, if approved, would allow for a minimum 15,000-square foot residential lots. A P.U.D.would,if approved,could allow the applicant to reduce the minimum lot sizes, and the applicant is proposing down to 10,000 square feet. So it provides more of design flexibility as long as the overall density is not exceeded. WHT1TEMORE: Okay,that's my understanding, but my question then to you is,can the applicant come back in at a subsequent date after this is all done and request similar zoning on the remainder large parcel? That would increase density tremendously. ARAI: Yes,they can. Yes,they may. WHITTEMORE: Okay. So has the developer, this is my question then to the developer,have you put together a plan for your proposed P.U.D. that shows how the traffic circulation would be under the plan,because we are looking at something under really different assumptions now,and we know where you are going to go? So,you are waiving your head like no,does that mean that the same traffic, internal roadway will remain regardless? A. BARRETT: This is just a conceptual plan and an idea, but this represents our P.U.D. subdivision. We've come out with all our cards on the table. Here it is right here; we are asking for a rezoning, RS-15,and this is the P.U.D.concept. WHITTEMORE: So this design reflects the 10,000-square foot lots. A. BARRETT: Yes. And just to I guess add to your comment,this as a P.U.D.or cluster planned development,C.P.D., I'm not sure what the difference is between the two,but all the other,or most 12 of the other neighborhoods are cluster planned as well. I think Sugar Cane Lane is the only one that is not a cluster planned. But all the other ones have variances as far as the lot sizes and what they are required to comply. WHITTEMORE: And one last question. This came up in the last July meeting. Just for clarification, you know,your map is showing that Pualena is integral part of the design there,and yet it's still my understanding,or maybe you can clarify, you have no agreement. Do you have any intent to build,or to pursue that? And it may be something that we want to conserve being it a condition of anything here just because of the access onto Hualalai Road being limiting. LIM: The extension to the south through the, they call it Pualena Street Extension,will go into a property owned by the Tincher family. As far as they know, they are not going to come in for rezoning anytime soon, and so you'll just have to wait for that unless the County decides to condemn the right-of-way and build the road. Right past the Tincher property is the Sugar Cane Lane property,and then the Hualalai Heights property,both of which have requirements to dedicate their roadways to the County. WHITTEMORE: So the developer has no intent to try and secure an easement over the property right now and build the road. LIM: No. If we had our druthers, we wouldn't put the stub-way in. But the Department of Public Works is requiring it as part of the north-south connectivity issue. GIFFIN: Director. COMMAND: Just for clarification, you asked about clustered developments and P.U.D.s, I believe clustered developments are outside the Kona Urban Area,and you are inside so. A. BARRETT: Thank you. GIFFIN: Thank you. Any other questions? Brandi. BEAUDET: One more question for me. If the request for a P.U.D.was not granted,would you still proceed with development under the requested zoning? A. BARRETT: I think we would have to address that at that point,but I would think, yes,we would continue. BEAUDET: Okay. GIFFIN: Commissioners,any other questions of the applicant? Hearing none,thank you. Could you please step back, and we do have a list of people who have signed up to testify. Commissioners,before we hear from members of the public,we have a decision to make whether or not you feel you would like to open up the meeting to public testimony. And if I may interject at this time,not because just because I was one of those not here last month, and even though I did read all of the testimony, my personal feeling is that the more community input we get the better off our decisions will be. So hearing that I would like to know how you feel about this question before us to open it up even though last month we did close public testimony. Tom. 13 WHITTEMORE: I'm in agreement as long as it's not repetitive. And this is new information being provided that's relative to this request, then I would support that. GIFFIN: Thank you. I agree. Anybody else? BEAUDET: I follow that. GIFFIN: Brandi,thank you. Daryn,should I take a vote? ARAI: Motion. GIFFIN: Okay. May I hear a motion then in that regard to reopen public testimony on this agenda item? WH1Ti'EMORE: So move. GIFFIN: Second? NELSON: Second. GIFFIN: All right. It's been moved and seconded that we reopen public testimony on this agenda item. Is there any discussion? Hearing none,all those in favor, say aye. ALL COMMISSIONERS: Aye. GIFFIN: All those opposed? Thank you. So,Daryn, we will go ahead and reopen public testimony. According to the sign-in sheet,I have one,two,three, four,five chairs up there,so what I would like to do is invite the first five people who signed up to please come forward. And I would like to reiterate what Tom Whittemore just said. According to my information,four of the five of you that I will be calling up to come up in a few minutes have already testified last month, and I recognize the names from my testimony that I read. If you have new information this morning,we would be more than happy to accommodate you;however,please in your discussions and your testimony this morning,do not spend the time repeating what you've already presented,please. So without any further ado, I'd like to call up the first five:Mac McInnis,Ed Schulman,Mark Van Pernis,Tom Madson and Michelle Tucker,please come forward. I would like to remind the five of you that our corporation counsel will be timing you; I'm limiting you to three minutes. Oh,there are six chairs. Well, then, in that regard,Joel Gimpel,will you please come forward wherever you are. Thank you. I'm sorry, I thought I counted five chairs. Okay,so,once again,new testimony, you will be timed for three minutes by Margaret. And if you will please raise your right hand. Thank you. Do you swear or affirm to tell the truth on this matter now before the Leeward Hawaii County Planning Commission? TESTIFIERS: I do. GIFFIN: Thank you. Beginning with you,ma'am, your name? TUCKER: Michelle Tucker. 14 GIFFIN: Into the mike. TUCKER: Michelle Tucker. GIFFIN: All right. And according to my information, you did not testify last month. Is that correct? TUCKER: No. My husband was here. I happened to be off on business. So he-. I'm here now. GIFFIN: Great,great. Okay,Margaret, are you ready? MASUNAGA: Yes. GIFFIN: Please begin. TUCKER: Well,I wanted to, I had this whole thing planned out,and then after hearing the developers,everything changed. The first thing I wanted to address was it is a mile from the bottom of Hualalai up to the peak of their,the end of their property where it aligns. And I think the elephant in the room is this road. No one cares if this road is fixed. Well,I shouldn't say that. It seems to be that it's skipped, it's kind of overlooked,in the respect that the County doesn't have the money and doesn't want to do it. And the developers only want to do what they have to do and what they're,what they need to do,as a 15-acre lot,not,you know,as total lot. This was 60 acres; it would have had to jump through a lot more hoops to do this big development,to address the traffic on Hualaiai. And they're not having to do this anymore. I travel this every day. Everybody knows the prob-,you've been well aware of all the problems. Everybody,you've had experts come up here and tell you that it's a battleground. It needs to be improved. And basically it's not going to be,and we're going to add more and more traffic onto it. And the part about the,Mr. Whittemore has brought up,about the other road,basically it may or it may not. It's all going to go on Hualalai. And we as the residents have to deal with that every day. And we are going to see a fatality on that road. I promise you it will happen, unless something is addressed on it. And I can't say anything but this: I hold the developer and you responsible because you have,can make the difference to change it. We have,we look to you to do this. We look to you to be responsible on this. And I've got to say I'll be the first to testify on behalf of the plaintiff. Because we've asked you to protect our rights on this road. I don't want to see anyone die on it,let alone anybody that I know or cherish. Thank you. GIFFIN: Thank you. Commissioners,any questions of Michelle Tucker? Thank you. Sir, your name? GIMPEL: Thank you. I'm Joel Gimpel. I'm Public Affairs Chair for the Kona Traffic Safety Committee. GIFFIN: Mr. Gimpel, my records indicate that you did testify last month. Is that correct? GIMPEL: That is correct. 15 GIFFIN: And you have new testimony for us,this morning? GIMPEL: I submitted written testimony which I believe is in your packages. I would like to,just to emphasize a couple of new points and some of the things that I said. First of all,where is the report from the Planning Department on Director Yuen's comments on this, which was the reason for delaying the decision last time in July to this meeting? I haven't seen it. I don't know if you have seen it. I've looked through your packet and I, it is not there. All right. I haven't seen,heard anything about it. No. 2,I was discouraged and disheartened at the applicant's assertion at the July 18`s meeting in response to a question regarding the availability of school rooms in the area, that families with school-aged children won't be able to afford$800,000 homes. My suggestion is that if the applicant doesn't anticipate selling homes to people with children,why not build smaller one-or two-bedroom homes. Finally,nobody has really commented upon the problem of using Paulehia Street as the secondary access. Because that is what the applicant suggests in his application. Paulehia Street goes from the property adjoining the applicant's out to Puapuaanui Street. That is going to be,in effect, the primary access because the intersection with Puapuaanui and Highway 11 is signalized,whereas HualAlai Road intersection is not signalized. And,also, Hualalai Road doesn't have a right-turn access lane to go north onto Highway 11. It's a very dangerous right turn to go onto there. And as I said it's not signalized. So everybody is going,from this subdivision,or from the applicant's subdivision, and also the makai subdivision to it,is going to use Paulehia Street. The problem with that is that accounts for 90 cars right there,plus, or 90 homes right there,plus there's about 40 homes in Pualani Estates that will also use Paulehia Street to get to Puapuaanui. That's 130, at least 130 homes that will use a residential street with driveways every 25 feet and a lot of school-aged children playing in the street in that subdivision. Thank you. GIFFIN: Commissioners,any questions of Mr. Gimpel? Hearing none,thank you,sir. Your name, please. McINNIS: Mac McInnis, I testified last-. GIFFIN: Yes. McINNIS: Month before last. GIFFIN: My, my records indicate that. And you will be timed. And you have new information for us,correct? McINNIS: I have a new speech. GIFFIN: Thank you. Please begin. McINNIS: I'm speaking on behalf of members of our neighborhood and the community. And I'd like for all those to stand that I'm speaking for,please. (Approximately twelve people in the audience stood up.) 16 GIFFIN: Thank you. Thank you for standing. McINNIS: Thank you. We're not opposed to real estate development. The applicant's parcel and five other parcels are part of a larger development scheme encompassing 96 acres. We're not opposed to the development of the applicant's parcel as long as it is done in conjunction with a master plan of the 96 acres. We are opposed to the applicant's rezoning request as submitted. We had told the applicant we'd like to see all lot sizes of 15 to 20,000 square feet,which is in keeping with the surrounding neighborhood. Our concerns of traffic safety,HualAlai Road,drainage and environmental issues are not being addressed on the 96 acres. None of these parcels existed as separate tax parcels prior to December 2004. That's when recordation occurred for a document titled"Declaration of Agreement for Kahului 96-Acre Consolidation and Resubdivision." This document was recorded as a condition by the County for the approval of the consolidation and resubdivision. It addresses access,drainage and utilities. All of the owners of the 96 acres are aware of these conditions in this document because the language is in their respective deeds. Residential rezoning applications have been submitted on four of these parcels showing 195 lots. The County is addressing these four parcels individually, not as a whole. With all due respect that's not proper or prudent planning. The County needs to simultaneously address these whole parcels,58 acres,along with the other parcel, 36 acres,in its entirety regarding the impact on traffic,drainage,and environmental. The Kona Community Development Plan states we must plan better to deal with traffic,congestion, affordable housing and open space. There is no meaningful open space within 58 acres for 195 proposed homes. Jobs can still be created and the real estate tax base can increase. Just please see that this 96 acres is developed in a responsible manner. As a reason there has been only one rezoning case since 2008, the economy went off the cliff in 2008 and development has slowed down for the rest of the United States. And Mr.Tincher does not have to get his property rezoned to build his retirement home there; I spoke with him last week and that's his intention. Thank you very much. GIFFIN: You're very welcome. Commissioners,any questions of the testifier? Hearing none, thank you. Sir,you're name please. SCHULMAN: Yes. Ed Schulman. GIFFIN: Thank you. SCHULMAN: Hualalai Colony resident. I spoke to the Commission-. GIFFIN: Last July. SCHULMAN: Last July. GIFFIN: Uh,uh, thank you. SCHULMAN: And I will not repeat the essence of my comments. 17 GIFFIN: Thank you. SCHULMAN: I was taken by Mr. Lim's closing argument on behalf of his clients. I tend to agree in the main with all of his concerns about responsible development in the Hualalai, in the Kailua-Kona area. And I think this development has some merit,all four parcels, if they're developed responsibly. However, my concerns have been, and continue to be,matters of public safety,and that's all. If you look at the photographs depicting Hualalai Road presented to the Commission earlier today, you'll see, and we can all agree,this is a substandard road, incredibly dangerous to traffic as it, in its current condition. What I heard from Lee Barrett was,I was hopeful of hearing more specific current intentions of improvement, rather than speculate on what might happen in the future. Most importantly,and my major concern,is to have a licensed State Engineer do a traffic safety study, not a traffic impact study, a traffic safety study to show just how ingress to these projects and egress from those projects onto Hualaalai Road will not endanger public safety. That's what I'd like to see. If you can present,if the developer can present a licensed engineer's report showing how the safety of traffic and pedestrians along Hualalai Road is protected and not diminished,and that engineering report can be verified by County,independent licensed engineers, my concerns would be assuaged, I would not be here testifying. But I haven't seen that. And Mr. Barrett has suggested we'll figure out the best way to deal with it in the future,once we get the approval. My suggestion is you condition the approval on the obtaining of a licensed engineer's traffic safety report. It's not a big deal. It can be done. He can get engineer traffic impact studies, but I haven't seen the engineering study, the safety. And if we can satisfy the safety standards,I think all the community would be put at rest,put at ease. Thank you GIFFIN: You're welcome. Commissioners,any questions of the testifier? Thank you. Sir, your name. MADSON: My name is Tom Madson. I'm the president of the Hualalai Colony Homeowners Association,representing our association and the surrounding communities. I testified last time and I will not repeat what I said last time. GIFFIN: Thank you. MADSON: The issue-. And I appreciate Bobby Command dealing with one of the major safety issues,and it's dealt with for the time being. I appreciate that,Bobby. COMMAND: Thank you. MADSON: And it was done rapidly too,very good. GIFFIN: Thank you. You may begin. MADSON: Thank you. I'd like to make some observations on the Planning Department's favorable recommendation to the change of zoning request and for state land use boundary amendment application. Page 1 has some misleading terminology; the applicant's parcel is not surrounded by Urban designated lands. The applicant's parcel is abutted on one side only, the west side,by RS-10 zoning,to the north is A-1, to the south is A-5a, and to the East is A-1. 18 Page 2 has incorrect information. The project site is not adequately served by transportation or utilities. Hualalai Road is a substandard road. And utilities include storm water runoff, as demonstrated yesterday by our river that ran down HualAlai Road,along with rocks and debris. And if anyone hasn't driven on it, I would request that you do drive on Hualalai Road and evaluate it for yourself first hand, and make any approval you make a condition of the 50-foot wide recommendation that you did address in your request. The project site is part of a larger development,and no drainage study has been done on the 96 acres. The Planning Department is requiring a north-south connector road across private property adjacent and contiguous to the south of the project site. The owner of this parcel has not been contacted by anyone as of September 18,2013,regarding granting, selling,or getting access across his property, as is verified by the developer who just testified. Page 2 has incorrect information. The south, north-south connector road has to cross privately owned property, as mentioned above. And page 3,the project site's proximity to schools would foster educational opportunities. The school system is already overburdened. Page 3 states that Hualalai Road is substandard based on width alignment,roadside and hazard clearance. No plan has been submitted to rectify this situation. The T.I.A.R. impact analysis report is at best incomplete,which only addresses the project site,not the 96 acres that this development is part of,and concludes that the level of service at the intersections of Puapuaanui Street and Queen Ka`ahumanu Highway and Hualalai Road and Queen Ka`ahumanu Highway are,and the entrance to the project, are either A or B classifications. We the citizens are not concerned with the level of service during peak hours at these intersections. The intersections are not the concern—and that's what the T.I.A.R. addresses—it's HuaiAlai Road. Thank you. GIFFIN: Commissioners,any questions of the testifier? Hearing none, thank you. Sir, your name. VAN PERNIS: Mark Van Pernis. I testified earlier. I'll try not to repeat. GIFFIN: Thank you. VAN PERNIS: First, let me digress by saying,I did, I,as a Kona attorney and one who's involved with land development,was offended by Mr. Lim's threats to you that if you don't approve this development,everything is going to shut down in Kona. I would point out that there's over 130,000 units already approved for development in Kona. And the K to K area where this property is situated is all open for development. Now,let me point out on this map a few things. Those six lots-. GIFFIN: You need to speak into the mike. VAN PERNIS: Those six lots did not exist prior to 2004,that's what Mr. McInnis was referring to. Mr. Bolton owns two, Barrett owns two, Schuler owns two. They're all being,the Land Use Commission rules for over 15 acres are being abused here. You're being exploited by the 15-acre per lot development here,right under 15 acres. Mr. Barrett owns the top two through various entities that he controls. And he has admitted that he is developing both, in the last proceeding, both parcels,30 acres,develop them together. That requires land use involvement;there are streets, roads,drainage and many other issues that need to be addressed before the Land Use Commission. 19 You should not allow yourselves under the guise of home rule to have 96 acres. You'll notice that it all,it covers all of the road from, all of Hualalai Road from Kuakini up to this area. Now,Mr. Barrett's application stated his development would have access from south,from the Sugar Cane road. At the last hearing and again today Mr. Lim admitted Mr. Barrett's development has no rights over the Sugar Cane road. And our information is that he can't get any right. That makes his traffic study invalid, which assumes access to the south of the Sugar Cane road. That puts more pressure on the access that goes onto HualAlai Road. There will be no access to the south. Mr. Arai tries to cover this by saying,well,eventually,eventually. But there is no guarantee it'll ever exist. GIFFIN: Excuse me. I take great umbrage in your attitude in terms of your verbiage. Please do not continue in that vein. VAN PERNIS: When Mr. Arai used the word"eventually,"there is no guarantee that that eventually will ever come true. All of the surrounding properties are greater than 10,000 and 15,000 square feet. And I believe it's the job of the Planning Department and this Commission to protect the public. And they represent the public and neighbors,not, not the private developer. Finally,that's the area designated under the Kona C.D.P. for agricultural use. All of the area around it is agricultural use. Mr. Lim has said,well, it's a mistake,that should really be considered Urban. Mr. Arai referred to Planning Commissioner(sic)calling that, well,paint it as broadbrushed, ignore it. I point out that that's Planning Commissioner(sic),Bobby Leithead Todd, not the present Planning Director, who made that decision. And Ms.Todd has been shown to be wrong in litigation, not,in her interpretation of when the C.D.P. applies or when does not. Please restore the integrity of the C.D.P.. If they want to develop,let them develop in a non-C.D.P. area, 20,000 or greater ag lots above. Thank you. GIFFIN: Thank you. Commissioners,any questions of the testifier? Hearing none,thank you very much for coming forward this morning. Is there anyone else who would like to testify who did not take the time to sign up? Seeing none,hang on just a minute. Knowing that everyone who has, who wanted to testify this morning has come forward,and you were part of the six that testified,if there is no one else who would like to testify this morning,I would like to close this section of our hearing. So as of right now public testimony is closed. COMMAND: Madam Chair? GIFFIN: Mr. Director. COMMAND: I'd just like to make one quick comment about improvements,or, I guess,impacts to the schools. GIFFIN: Yes. COMMAND: Department of Education has proposed an impact fee ordinance or has the ability to propose to impose impact fees upon new development on significantly,development that has not gone through the Land Use process. Normally, those impacts are,those impacts are normally addressed at the Land Use level,right, the State Land Use level in terms of education? 20 ARAI: The State Land Use Commission has included that as a condition of their decision and order. COMMAND: Right. And so the Department of Education is looking at impact fees that would be imposed prior to a building permit being issued. GIFFIN: Thank you, Bobby. COMMAND: Thank you. GIFFIN: Commissioners,any other questions? BEAUDET: I have a question for staff. GIFFIN: So do I,but go ahead,Brandi. BEAUDET: Testifier number four mentioned certified licensed engineers doing a traffic safety analysis instead of a T.I.A.R. Now, within the T.I.A.R.,isn't pedestrian safety part of the criteria of the assessment? And those performing those T.I.A.R.s,aren't they licensed? Aren't they required to be licensed engineers in the State of Hawaii? ARAI: When the Planning Department requires T.I.A.R.s,we do look at those reports prepared by an engineer licensed in the State of Hawaii. My understanding is that T.I.A.R.s look more at turning movements,rather than just pure capacity. Maybe Mr. Emler of the Department of Public Works can sort of clarify, if he's able to. EMLER: One of the public testifiers was correct. The traffic study in this case and in most cases pretty much just looks at the intersections. In this case, they didn't,they could have but they did not look at pedestrian issues at the intersections. I've seen that done in some cases where there's going to be a signal because they want to check what the signal efficiency is going to be with pedestrian crossing. In this case I don't think the Planning Department necessarily required the T.I.A.R. to be submitted;the applicant did it voluntarily knowing this was going to be an issue and that's typically done. Let me see,did I answer,what was the specific question again? BEAUDET: I think the biggest concern was not,not relative to intersection but to road safety,both vehicular and pedestrian. I think that's where the testifier's emphasis was at,because the case analysis did not involve any,or that type of observation and comment. EMLER: Yeah. Typically I don't see a private engineering consultant doing that as part of the application process. That's usually something that's brought up by, say, Department of Public Works as part of our comments to an application. And we did say that the road is substandard and needs improvement;we admitted that in our comments. I think that's pretty obvious if you drove, if you've driven the road. And we don't typically do something like an accident analysis or something like that when an application comes through. That's not something that we've done. If we know of particular history, then that's something we could bring up in our comments. COMMAND: Real quickly. 21 GIFFIN: Sure. COMMAND: Ki,the level of service, I don't know what you call them, I guess,grades that are in the T.I.A.R. in their package here,those are related to the intersections then? EMLER: That's correct. The level of service that is referred to in the traffic impact analysis is based on delay at each traffic movement for making the movement. GIFFIN: By the volume. EMLER: And the more, as the delay increases the level of service decreases from A to F. GIFFIN: Thank you. Brandi,you feel your question was answered? BEAUDET: Yes. GIFFIN: Thank you very much. And thank you, Ki. Daryn,one of the testifiers brought up the fact that at the end of last month's meeting there was a question regarding input from Chris Yuen. I wondered if,since we as Commissioners got Chris's response,it would be appropriate for you to just kind of go over what he said in his memo to us. PUBLIC: Could that copy be available-? GIFFIN: Excuse me. Daryn,please proceed. ARAI: Given the questions,if the Commission would accommodate me, I would rather read it verbatim rather than attempting to paraphrase. GIFFIN: Sure, sure. And then it will be on the record. ARAI: Yes. "Dear Chair Giffin and Members of the Leeward Planning Commission: "The Planning Department asked me to write a letter to the Leeward Planning Commission about the subdivision that created T.M.K. No 7-5-017:043. You are currently considering an application for a state land use boundary amendment from agricultural to urban,and a proposed rezoning from A-5a to RS-15,for this property. "The main question seems to be the clause in the Nov. 18,2004 tentative approval letter which reads: "Coordination to Promote Optimal Development. A Declaration of Agreement shall be recorded for all lots within the subdivision that will require the coordinated development of access, water system,sewer system,and drainage improvements servicing all lots in order to promote and accommodate its optimal development. 22 The applicant shall execute this agreement for submittal to the Planning Director for approval and recordation. "The required agreement was later recorded in the Bureau of Conveyances, so all subsequent lot owners have notice of, and are bound by,the agreement. "I'll try to explain the purpose of this clause without getting into all the details about the processes leading to this subdivision. "The basic purpose was to make sure that this subdivision didn't shut off opportunities for road connections,and make the future development of the area more difficult in other ways. But we didn't have a specific future development proposal at the time, so it was premature to try to specify exact requirements. "The 2004 subdivision application proposed to divide an area of about 96 acres into six lots: one for a water tank,one lot of approximately 36 acres,and four lots of slightly under 15 acres each,which were zoned A-5a and were in the state land use agricultural district. Because of the General Plan LUPAG map designation of at least the bulk of the area as"low density urban,"general market trends in Kona,and nearby residential development, it was likely that the subdivision would eventually be followed by various applications for land use changes to allow residential lots. "The 2004 subdivision was allowed by the zoning at the time,but created potential problems. If this area were eventually developed into residential lots, there should be street connections from Puapuaanui Street to Hual Alai Road, and a mauka-makai road so that the lot owners could get out in either direction.This would allow better traffic circulation and help implement a road system for local traffic parallel to the Queen Kaahumanu Highway. At the same time, there shouldn't be too many intersections on Hualalai Road,because it is so curvy, so future developments should share the HualAlai Road intersections. "The land use approvals for Pualani Estates had required road stub-outs at Paulehia Street and Ho'omana Street,which could potentially provide the cross-connections from Puapuaanui to HualAlai,if extended across this property. "Whenever property is subdivided,the lots may be sold to different owners who might not want to cooperate in the overall development of the area. They might be competitors. So the subdivision might make it difficult to implement the public interest in having better road circulation. There are other possible issues like drainage and water supply that may be easier to handle when the owners cooperate. "It has been fairly common to see a rezoning application where it would be good to have a cross-connection through adjacent property to join two road systems. Typically, the landowner will say that it is not fair to require him to build the connection through the adjacent property because he doesn't control it. This argument has been accepted in the past,and the result is a residential subdivision that connects to a road on one side,but has a stub-out on the other side. Too often,the desired connection never happens. "Similarly,the 2004 subdivision created the possibility that the property could eventually be developed as a series of cul-de-sac residential subdivisions without the desired road 23 cross-connections,with some residential subdivisions connecting only to HualAlai Road,others only to Puapuaanui,and that the various owners would argue that they didn't have the right to build connecting roads across the adjacent lots. The subdivision clause requiring cooperation makes it clear to the owners that they do have to work together in implementing road connections and other infrastructure. If they don't, they shouldn't plead that it is unfair to deny them their desired rezoning. "The prior rezoning in this area,of T.M.K. No. 7-5-17:042, (Ord. 2010-002),did require the construction of a road connecting Paulehia Street to Hualalai Road,and that the owner allow connections to the properties mauka and makai. Thus it is still possible,and reasonable,for the county to ensure that all development in the area implement the road connections described above. "I hope that this letter answers the questions the Planning Commission may have about this clause in the subdivision approval. Thank you for all that you do to make the island a better place. Yours truly,Chris Yuen" GIFFIN: Thank you,Daryn. Having that clarification from Chris—and it is part of our public record now, I think there was a person in the audience who yelled out whether or not you could have a copy of the letter, and that letter, of course, would be available to the public—I think what I want to do is go ahead and ask if there are more comments or questions. And then I'm going to ask the applicant to come forward to address some of the concerns,new concerns, that were raised this morning in public testimony. So-. Brandi. BEAUDET: Daryn,in recognition of what was just read, how would,and in part to the question that I had asked Steve and the applicant earlier,how would you draw up a condition that would,that would require the development of those roads within Parcel 42 and connecting HualAlai to Paulehia? I mean saying here that this should have been done first? The road infrastructure within Parcel 42? ARAI: I don't think what former Director-. BEAUDET: Could we,could we, sorry for interrupting,but could we base the approval of this application subsequent to the infrastructure development of the adjoining properties? ARAI: It is definitely a consideration at the discretion of the Commission. If that is the direction the Commission would like to head,then I could offer some proposed language and you'll see if it addresses your concerns and your needs, so-. BEAUDET: Yeah,I mean my thought is that there,that the subdivision of the 96 acres was set on an interrelationship between the subsequent properties,right,the approved subdivision. So as a Commissioner I would like to see that interrelationship maintained and adhered to, yeah, because that was the original concept, so we should stick to that. GIFFIN: Daryn, if we do go down that road that Brandi is suggesting, I think it would be fair to you to give you some time to process that. But I don't know yet how the other Commissioners feel about that concept. So I would appreciate hearing from the other Commissioners and from you, Bobby. 24 COMMAND: Thank you,Madam Chairman. Daryn,as a point of clarification,can we impose that upon the developer as a condition,or would we,for lack of a better term,agree to agree? ARAI: I don't think we can impose a condition that would require the developer to provide improvements on someone else's property that the owner,the applicant does not own,in order to accomplish the interconnectivity that everyone desires. However,it, I believe there are other types of opportunities. I mean, when you look at what Mr. Yuen is saying, he's basically saying coordinated development. That's what he's asking. It doesn't mean one project goes first and then the next project goes second. It doesn't have to be sequential;it simply has to be coordinated. So there are ways to possibly accomplish that. I've been thinking about it,listening to the discussion. You could make the subdivision of the applicant's property dependent upon subdivision approval on the Hu Ko Pa property,because there are so many nuances when you go through a subdivision. A subdivision is normally, final subdivision approval is normally granted upon completion of all infrastructural improvements that supports the development. But I'm sure many Commissioners have seen over the years where subdivisions are bonded. And what that does is it allows the developer to secure final subdivision approval,proceed with lot sales,with the revenue and proceeds from the lot sales utilized to develop the supporting infrastructure. It's reasonable. But it's ensuring that all of that is coordinated so that basically at the very least the two projects come on line at basically the same time. And I think we could craft a condition that hopefully will accomplish that. So,and I could offer you some language, if you're desirous of seeing it. GIFFIN: Daryn,thank you for your willingness. I would like to hear from the other Commissioners before, like I said, we go down this road,because this is huge and it's a lot of work and a lot of, it's a process. So what is your desire? Tom? WHITTEMORE: You know,as I read Mr. Yuen's letter, my interpretation of the coordinated optimal for optimal development really involves not one, not two,but four parcels of property. And I guess one of the questions that comes,not having been on the Commission at the time when the first project was approved,did any of this surface as an issue? Because,or was it just dealing with that particular parcel because it wasn't,there wasn't,there's only one that we're dealing with? And then I want to ask you another question. But go ahead. ARAI: I'm earning my pay. It was,the subdivision action was originally 96 acres,six lots,six large lots, I should say. That action alone,while it was in full conformance with existing land use laws,it did raise the concern of former Director Yuen,which then precipitated into his requirement that a development agreement be recorded against all of the subdivided properties. So it wasn't one lot,it wasn't two lots, it was all six lots that were part of this subdivision action. But the Director can only do so much based on the action that's currently before him. All he had before him was a six-lot subdivision, and that's all he could do to record,to impose some sort of requirement against those six lots. Now,true the Director, it would be preferable to see a coordinated development amongst all six lots. But also keep in mind that the Director clearly knew that each lot could be developed independently of each other. So he's basically saying if that is the case at least demonstrate that coordination. And I think Hualalai Partners has demonstrated that. And keep in mind that we are at the change of zone/state land use boundary amendment level; it's basically approving the land use entitlements. Once those entitlements are secured,the applicant will then have to work with the Department of Public Works and the Planning Department to go through all the regulatory review 25 processes that will then implement the interconnection of roads,the design of the drainage system, the connections to HualAlai, the stub-outs to the south. All of that comes into play at the downstream processes,like subdivision review,construction plan,design and development,and then approval. I hope I addressed your concerns. WHITTEMORE: Not my concerns but-. ARAI: Oh, I'm sorry. Right,right. WHITTEMORE: But the answer to my question,yeah. GIFFIN: You have another question? WHITTEMORE: Yeah,I wanted to ask-. It was raised,Mr. Van Pernis raised the issue,no,no, excuse me, I think it was Mr. Schulman, I think,with the traffic safety study. GIFFIN: Yes. WHITTEMORE: You know,along that line the traffic study that was done,was that done with the assumption that there were two ingresses and egresses onto this site? In other words, was the Pualena—I think it was, is that the street,Pualena—was that a factor in the study—this is the one that goes through Sugar Cane—in the Department making their recommendation,and it met all of the conditions? ARAI: You may,I think I may want to defer that specific question to the applicant's representative. I would hate to mischaracterize or-. WHITTEMORE: Okay. ARAI: Misinform the Commission. WHTI`1'EMORE: But you have,the Department has seen the study and reviewed it? ARAI: We do have the study,and we provided the information to the Department of Public Works as well where they,you know,they have the proper engineers. But let me, I'll be taking a look at the study again. I do have it before me,as well as you have a copy as well. But, again,the applicant's representative could clarify-. WHTITEMORE: Okay. GIFFIN: I am going to call Steve up-. WHITTEMORE: Okay. GIFFIN: Very soon. But I wanted to get some feedback from the Commissioners first. Brandi,any more issues you'd like to raise or thoughts? Tommy. 26 HICKCOX: I have a question,Daryn. Would it be feasible, and I'm not trying to hold this particular developer responsible for this,but would it be feasible to consider some sort of master plan for this stretch of Hualalai Road that runs mauka,from the mauka parcel all the way down to Queen Ka'ahumanu? Because it seems that because of its location,and because of what Mr. Yuen's,in light of Mr. Yuen's statement that because of its prime location, we will be faced with more requests for subdivisions of this nature in the future. So if we look at,and the major concern that we have coming from the community at this juncture is Hualalai Road. So I don't know if we would be able to put something in there to say that,okay, if we're going to subdivide this area and we're going to subject Hualalai Road to this kind of growth or residential growth, that perhaps some consideration should be given to a master plan improvement of Hualalai Road to accommodate all of this. Because it's quite obvious that it will happen in the future, you know,so trying to stay ahead of the curve a little bit and at the same time address the community concerns. ARAI: Okay. Before I respond to your question,Commissioner Hickcox,let me quickly, I found what I was looking for. To Commissioner Whittemore's question,and again the applicant can verify this when you bring him back up,but the T.I.A.R.did analyze the following existing and proposed intersections: Queen Ka`ahumanu Highway and Puapuaanui Street,Queen Ka'ahumanu Highway and Hualalai Road,Puapuaanui Street and HualAlai Road,HualAlai Road and Hienaloli Road, Hualalai Road and the new intersection developed by this subdivision,proposed subdivision, Puapuaanui Street and Paulehia Street,and Puapuaanui Street and Pualena Street. So it did factor in all those intersections and made assumptions on interconnection and the turning movements at those intersections. Sorry,Commissioner Hickcox,getting back to you. You may recall two proposed rezoning actions and boundary amendment applications. And it was these two lots makai,and I think the applicant's name was JKS and the other was Brian Cook. Those projects,while located in the same area, located and subjected to the same development agreement,their applications were subsequently withdrawn because they were located in a concurrency area as defined by the Kona Community Development Plan,as well as they were in the T.N.D. as well,and the Kona C.D.P.also requires that they undergo a master planning. And I think, I'm doing this off the top of my head,I think it had to include a minimum of 80 acres of land. So one of the difficulties is master planning lands that you don't even own. So how do you master plan something when you have no idea how that landowner is going to,wants their property to be developed. And I'm sure the current landowner is probably now facing the same level of difficulties because,again,Mr. Yuen's development agreement encourages coordination between the landowners. Master planning is one thing. I think the bigger issue is how do you implement. As you are aware, those two developments on the makai side,they attempted to go through the entitlement process. But basically due to the requirements of the Kona C.D.P.,they've,I guess ultimately,I hate to put words in their mouths but, I think it became a hurdle that were too insurmountable. And I'm just guessing,but that's what I assume. And their applications were then subsequently withdrawn. So if they're withdrawn and there are no entitlements that they're currently pursuing, I don't know how that all plays out in the master plan. Because then you have no vision on when eventually those roadways, water systems,drainage systems, will be, will be implemented. HICKCOX: And maybe not necessarily calling it a master plan but some kind of foreseeable plan that dedicates concerns raised in reference to the road itself. I mean I know we're dealing with laws,I know we're dealing with regulations. But is there something maybe perhaps our 27 Commission can look at or understand or refer to as,okay,we're going to develop this area,we know the road is substandard,do we have anything in place that will make it standard and whose kuleana will it be? You see,because I,listening to Mr. Yuen's(sic)presentation he says that one-seventh of the property that they're dealing with borders Hualalai Road. So they're willing to interject"x"number of dollars as a fair share kind of thing into taking care of that stretch. But we have no idea what the plans or layouts will be. So, you know,prior,it may be for future reference anyway. We should have something in place that can address this because we're going to be faced with this again. ARAI: Right. You know,currently for the entire alignment of Hualalai Road between Queen Ka`ahumanu Highway and Hienaloli Road I'm not aware of any master plan for any improvement or widening because it's not on the priority list. It doesn't mean it's not needed, it's just not on the priority list. Now regarding the master plan,I understand what you're saying and I hope you appreciate what I've just told you as well regarding, you know-. But,anyway, I think the best I can offer you at this time is a communication that was submitted recently by Mac McInnis, and you have it before you. It's,it was submitted on September 23 and it was attached to,there was a whole series of maps. And at the very end was this kind of a larger map. And what he did was basically superimposed some of the original project concepts from the various projects,including the JKS and the Cook applications which were subsequently withdrawn. So even though that may not be an accurate representation of what is a master plan,or an adopted master plan for their,because there is none, that's about the closest you can get as far as being able to envision what some of the landowners in the area were contemplating. That's the best I can offer you right now. HICKCOX: Thank you. GIFFIN: Commissioners,any other questions of the staff? Bobby. COMMAND: Tom,Tom,just to give you a little more perspective,and I think I mentioned it at the last meeting,is that while Hualalai Road is not on the priority list, Hienaloli is. Where it falls on the priority list,I don't know. But the plan is to,eventually to extend Hienaloli all the way out to Palani Road,yeah. So in a way there is some plan for relief in that area. GIFFIN: Thank you. COMMAND: And that's in the Kona Community Development Plan. GIFFIN: Thank you,thank you. Commissioners, any other thoughts,any other concerns or questions? All right, right now—and, you know, we can come back to this—I'd like to call the applicant and the applicant's representative forward again. I saw you taking copious notes, so I know that you know what was said, and I think that you would like to address some of those concerns that were raised. LIM: Let me first address Mr. Whittemore's question on the T.I.A.R.on the coverage as to whether they included the Pualena Street extension on the mauka side of the project. Yes,the T.I.A.R. that was updated for purposes of this application dated March 2013 included the parcel 22 which we've been calling the Tincher parcel;he allocated development size of 30 units for that parcel as part of 28 the other parcels that are,that were studied. He also included parcels 41,42 and 43 which are the makai parcels in that chain of four parcels. It looks like,based upon his traffic count analysis that he was including, you know, he treated the Pualena Street extension as having been,excuse me,the Tincher property as having been developed already. So these are all included in his traffic report. This is a pretty conservative traffic report. With regard to Commissioner Hickcox's question about who is responsible for fixing Hual Alai Road, it's the County of Hawaii. However, you know, we've,it's, it's,you know,we recognize that the likelihood of the County coming in with money any time soon for Hualalai Road is,is pretty small. And that's why we're recommending the fair share method that we're doing. I think what was apparent by Mr. Yuen's letter was,you know, as Daryn said,it's just,what that effectively did legally,you know,he saw that he couldn't control what the parties did between themselves,so he tried to do that by recording the memorandum,requiring recordation of the memorandum that says you guys got to cooperate when you do your project. So if we talk to,say, JKS and we said we needed to work with you to pass our drainage down the hill and we need to get an easement from you,they would have to show a pretty compelling reason why they wouldn't cooperate to do that,because that's on their title. I think the requirement,you know,actually what gets built,Chris wasn't worried about that because that's what Ki is going to make us do. And so, you know,what actually gets built, I think he knew they could control that when the projects came in to be developed. But he couldn't control the legal relationships between the various developers, and that's why he did the memo. So, you know,it is a good idea, it is why we're cooperating with the other developers. That's why we're,you know,we're on the fourth iteration of a drainage plan that's going to take away at least 50 percent of the on-going drainage that you see today coming down the hill. As far as how to tie this particular project into a connection to Hualalai Road,you know, we were talking about it, and the thing that is dangerous for any developer is to tie your fortunes to somebody else. Even if today they might be, you know,family related,tomorrow that may not be the case. But I think what we're willing to do,because we could control that,if you had to sell the makai piece,is I think we could say that the final subdivision approval for this project,for Hualalai Partners of Kona,will be subject to the completion or the bonding for completion of the dedicable minor street connecting Paulehia Street in Pualani Estate to HualAlai Road as required in Condition I of Ordinance No. 10-02,which is the Hu Ko Pa zoning ordinance. That way we can still keep the mauka project going,even if we lose the makai piece. We can,because we'll have to convey that piece to a third party,if we do have to do that,we can make that a condition of the conveyance so we can still retain an easement. That way, you know,whether the makai project goes or not you guys know that we will be taking it down through the area now to where everybody thinks is the best place to access Hualalai Road. A. BARRETT: Could I add to that,too? Part of the engineering process is when we get the plans approved,if we're trying to get this lot developed and permits approved for construction, if there's no access in or out of the property,there's no way we would get permits for that. So if we have the stub-out where it shows now on Hualalai Road,then that could be the stub-out. Ideally the lot below would be the proper place to go. If that one is already built and then we connect to that, then that would solve the problem. And I think, I think for Mr. Beaudet's concern,I think that would be addressed at the permit level at that point. There's no way we can get this project developed without a way to get in or out of the project. 29 GIFFIN: Yes. L. BARRETT: And I was taking notes while everyone,the six testifiers were up here. And,you know,we,too, want to keep Hualalai Road safe. You know, my parents have had a house down in Kealakekua for some time,over 20 years,and as developers we do want to keep that safe. And that's why we've added some of the features that we have added,to make sure to keep people off of Hualalai Road,and to keep them safe, and to make sure that this development-. You know, we're going to be here for a long time so we want to make sure that this development is a good development for everyone involved. And as Mr. Arai mentioned that these are conditions that once approved we do have to meet. And my brother, Al,said,too,we do have to meet all the traffic,all the road connectivity,all the drainage. And we have been doing that; we've been doing that for several,several years,making sure that the roads connect,making sure that there's drainage issues that will be solved. You know,these are issues that are coming on to us,but we do want to connect, correct some of those. And we want to make sure that this development is not stopped just because of some of the misinformation that's out there. Because up until a certain point, you know,we're just a small developer,and we didn't know some of the things that we had to go through with the Planning,or with DPW,or with DWS;but these are items that we do know that now, and we are addressing. And some of the items that were mentioned are just, they don't have that information, they have not developed, so they don't know that we need to do all this prior to subdivision approval. GIFFIN: Commissioners,any more questions of the applicant? Tom. WHITTEMORE: Steve,could you clarify what your proposal was. You were talking about Paulehia potentially being bonded? LIM: I'll try to-. WHITTEMORE: Okay. LIM: I'll try to approach the map,that might be easier. From the applicant's point of view, what we don't want to do is to get tied into the whole project on the makai side. But, so,you know,the connection that the Hu Ko Pa project has,which is the pink one here,is to Paulehia Street and it comes in in an S-shape fashion and comes out right about near the boundary between the Hu Ko Pa and the Hualalai Partners property. So this is the north-south connector that the Kona C.D.P.talks about that Public Works wants as a dedicable roadway. So that's part of that 10-02 rezoning ordinance. So what I was suggesting is that if your concern is that you want to make sure that this particular project on the mauka side comes out onto Hualalai Road in that good location,is that we would agree that final subdivision approval for the mauka project be subject to either construction or bonding for construction of this north-south,what they call a minor street that's required in the Hu Ko Pa rezoning ordinance. WHITTEMORE: Okay. LIM: And,one more, sorry, and what that does for them is it allows them to go forward with the mauka project first if they had to,but still maintain the County's interest in the north-south road and 30 the connection at Hualalai Road where it's best done. It doesn't require them to do both projects at one time,which would be really,really tough,I think. GIFFIN: Yeah. WHITTEMORE: Are we going to have another Hokuli'a here or are we going to have a-? You know, I just, I'm trying to understand what is their incentive in doing that,other than to say I hope that someday we'll be able to have a road there. If that lot 42 never does get developed-. LIM: Well,that's what I'm suggesting is the, lot 43, the present parcel -. WHITTEMORE: Right. LIM: Would,their subdivision approval would be contingent upon putting in that north-south road, even if Parcel 42 never went forward. WHITTEMORE: At what point? Is that something we have to work out with them to end up-? LIM: Before they get final subdivision approval. WHtt'1'EMORE: Before they get final,okay. So that's more economical in your eyes rather than following the Kona traffic, I mean the traffic study that would have taken the connector relieve some of the, your subdivision's traffic onto Pualena. LIM: Pualena Street on the mauka side. WHITTEMORE: Yeah. LIM: Yeah,that was never our proposal because we don't control that road. All we can do is to put in the stub so that if and when he comes in they can connect that up. WHTTTEMORE: Yeah. Well,you know,as I read through some of the stuff going back,though,I mean,it's clearly represented. Even in the July presentation that road was represented as being a main ingress and egress into the project,and then subsequently it was withdrawn because there was no agreement. So I'm trying to understand-. LIM: If we said that,that was wrong. That was not what we meant. We have never represented that we were going to go through Pualena Street. WHITTEMORE: Yeah, well, a lot of the written stuff in here represents that. It doesn't appear, though, in the County's recommendation I know, but-. LIM: So if that was your understanding that that was,that was incorrect. We are,the only reason why we're putting in the Pualena stub is because Public Works is requiring that as part of the north-south connectivity. They do that on all projects. WHITTEMORE: Okay. 31 GIFFIN: Commissioners, any other questions of the applicant? I need a consensus from the Commissioners regarding any other new verbiage or the inclusion of proposed verbiage for conditions. So let's begin with you,Brandi. Is there anything you would like to suggest regarding your concerns earlier that should be,in your opinion,reflected in the conditions? BEAUDET: Yeah,because I had asked Daryn earlier for additional language relative to my concern. I would be comfortable with the suggestion that Steve came up with,tying in the two projects together. I think we can,we can have confidence in that commitment because the applicant has control over both parcels,whereas nobody has control over Lot 43. GIFFIN: Right. BEAUDET: Yeah,so I would give, I have greater confidence in tying Parcels 42 and forty-,I might be going wrong now. LIM: Hu Ko Pa. BEAUDET: Hu Ko Pa. GIFFIN: Yeah. BEAUDET: And,and Hualalai together,rather than tying Hualalai to Parcel 22,because 22 is not part of the earlier agreement anyway. GIFFIN: Right. BEAUDET: Yeah,so for me I don't have confidence in that partnership. GIFFIN: Okay. Any other concerns? Daryn, I need your guidance here. If we are referring to a proposed condition that the applicant is proposing,where do we put that in the scheme of things and what about the verbiage? Or do we rely on the applicant's verbiage? That we should hear, you know. I think in the scheme of things regarding the stage that we're at,it may be prudent for us to go into recess again. And I don't even know what time it is. MASUNAGA: Twelve twenty. GIFFIN: Twelve-twenty,okay. Daryn, what is realistic for you in terms of a time limit? ARAI: We can try for five minutes,and if we need more time we can -. GIFFIN: How about if we say 12:30? ARAI: That will work. GIFFIN: All right. We are in recess then until 12:30. RECESSED The Chair called a recess at 12:20 p.m. 32 RECONVENED The meeting reconvened at 12:37 p.m. GIFFIN: I'd like to call the meeting back of our Hawaii County Leeward Planning Commission. I think that in regards to our concern with the new proposed condition that there should be some discussion right now about it. And,Daryn,I don't know if you want to present or,you have some verbiage for us to consider,right? ARAI: Sure. GIFFIN: Thank you. ARAI: This,excuse me, in response to Commissioner Beaudet's concerns,the applicant did offer suggested language. I have taken a look at the language and I believe we can incorporate it as an addition to Condition C within your background report, which is the goldenrod colored,right, report. So if you look at Page No.,after Page No. 6,which should be Page No. 7,which would be your conditions of approval. And,again, you have two applications before you: One is state land use boundary amendment;the other is change of zone. Eventually,we'll need to take,address the state land use amendment first. But the conditions are all embedded within the change of zone,so just to make that clear. The language offered by the applicant,and I'll read it again, and this will be an addition to the language that's currently within Condition C regarding final subdivision approval. The additional language shall read"Final subdivision approval for the project shall be subject to the completion or bonding for completion of the dedicable Minor Street connecting Paulehia Street to Hualalai Road as required in Condition I of Ordinance No. 10-02." And,again,as represented by Mr. Lim,that condition would tie construction of that minor street connecting Paulehia Street to Hualalai Road, which you would then consolidate the access point to a single access point between the two projects. GIFFIN: Okay. Commissioners,any questions,discussion,regarding this proposed condition? Brandi? BEAUDET: No questions or comment. GIFFIN: Okay. Tommy? HICKCOX: No,no questions or comments. GIFFIN: Great. Tom? WHITTEMORE: No. GIFFIN: Barbara? NOBRIGA: No. GIFFIN: All right. Thank you. Thank you,Steve. I think it's important for us right now to take a look at where we're at and where we have to move towards. As Daryn just said,we have before us 33 actually two different actions. One that is germane to the state land use boundary amendment,and also to the change of zone. And so I think that in terms of where we're going to go and what we want to do with that, that is,should be the focus of our discussion from now,from this point on. So, Commissioners,if you have any questions regarding,first of all,the state land use boundary amendment application,SLU 13-38, that should be where we're headed right now. And that should be the subject of our discussion. If you have any comments regarding this application,I would like to hear them now. And if need be I will direct the question to whoever is best to answer that. So, once again,I turn to the Commission and ask you, any comments,questions,or opinions about this application before us,the state land use boundary amendment application, SLU 13-38? WHT1-1'EMORE: Yes. GIFFIN: Tom. WHIITEMORE: I'm assuming we went through the same process with the Lot 42,right? And we set a precedent with that? ARAI: Yes. The Lot 42 went through the same process. WHITTEMORE: Okay. GIFFIN: Any more comments? ARAI: Madam Chairwoman,maybe I can also clarify, sorry,for,especially for our new Commissioner. GIFFIN: Yes,what a day. ARAI: Yes. GIFFIN: Poor Barbara. ARAI: Sorry,Commissioner Nobriga. The state land use boundary amendment from Agricultural to the Urban District typically does not contain conditions of approval. And Madam Chairwoman did emphasize that earlier. So while you'll be taking an action,you'll be just making a determination of whether to allow the re-designation to happen. Should that be successful,then you'll deal with the change of zone application,which then contains all of the conditions that we've been talking about. So I just wanted to make that clear. NOBRIGA: Thank you. GIFFIN: Also, I think the Director wanted to speak to the fact that our actions today are really recommendations. COMMAND: Right. You just said it so I don't have to say it again. GIFFIN: Oh,come on -. 34 COMMAND: No,no. Well,I just wanted to remind the Commission,as well as the public, that what happens today is only a recommendation. The ultimate decision to reclassify or rezone can only be done by law;and the only people who can change law is our,the County Council. So it's just a little bit of,little bit of reference as to what our actions are today. Thank you. GIFFIN: Thank you,Bobby. COMMAND: And one more thing. You will be able to provide more public testimony during the County Council proceedings. GIFFIN: Okay. Tom. WHITTEMORE: Just one more question. In the state land boundary amendment,on Page 1, we're talking about,it says the applicant requests a concurrent change of zone from Agricultural Ag-5 to Single-Family Residential 15,000 square feet to develop 43 lots. Just for clarification,that's the maximum with 15,000-square foot lots,that would be 43? And if so, if they go through a P.U.D. and put 10,000 square foot lots in there,you've got the opportunity for more than 43 lots to be built out, I would assume. ARAI: It's been a while since I did the calculations. I think it is 43 lots. That's based on the maximum calculation,dividing 15,000 square feet into 14.9 something acres. Now,even if they, through the P.U.D.,they make the lots smaller, they cannot exceed 43 lots. WHITTEMORE: They cannot exceed 43 lots. ARAI: No matter how-. WHITTEMORE: Amen,right? GIFFIN: Right. ARAI: Yes. WHITTEMORE: Okay. GIFFIN: Period. Any more questions regarding the state land use boundary amendment? Steve,is there anything else you wanted to say regarding the state land use boundary amendment? LIM: No. We agree with Daryn's answer on the maximum density and the ability that you won't get additional density under a P.U.D.. GIFFIN: Commissioners? All right. Because, well, let me just say,since conditions only ride with the change of zone, I wanted to spend some time going over the proposed conditions of the applicant. But, and I know they go hand in hand. Do you think, Daryn, that we should discuss this now before I call for question? ARAI: I'm not aware of anything that would preclude you from doing so. So if you feel that helps you in your overall deliberations,by all means. 35 GIFFIN: Okay. I just think that it's more orderly, you know,in that it would be easier anyway,for me to handle. All right,one more time,any more comments,conditions,questions? Hearing none, do I hear a motion? And we are dealing with the state land use boundary amendment, SLU 13-38. Commissioner Beaudet. BEAUDET: I would like to move for a favorable recommendation for State Land Use Boundary Amendment 13-38. GIFFIN: To be forwarded? BEAUDET: To be forwarded to the State Land Use-. GIFFIN: No. BEAUDET: No,to the County,Hawaii County Council,sorry. GIFFIN: Do I hear a second? HICKCOX: Second. GIFFIN: It has been moved by Commissioner Beaudet and seconded by Commissioner Hickcox that we send a favorable recommendation of this state land use boundary amendment,SLU 13-38, to the County Council of Hawaii. Questions? Discussion? Hearing none, Daryn. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Nobriga? NOBRIGA: Aye. ARAI: Commissioner Whittemore? WHITTEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. 36 ARAI: Madam Chairwoman,a favorable motion carries with six aye votes. GIFFIN: Thank you very much. Okay, then in the scheme of things I think that we should take a look at the conditions that were forwarded to us in this recommendation. And, as you know,we just crafted,or our staff crafted some changes to these conditions. In addition to that,there were some changes in terms of conditions that were proposed by the applicant. I don't know if all of you have had a chance to go through each one. But if you would like some time to do that, I'm happy to allow for that just so that we can go ahead and discuss them. And I think that maybe what might be helpful,and correct me if I'm wrong,Daryn,is that perhaps the applicant can go ahead and go through the proposed changes to the conditions that you are proposing. LIM: What I'll do is then discuss the red-lined changes that you see on your copies. GIFFIN: Yes,exactly what I was thinking. LIM: Daryn has,I think,other agency changes that he wants to make. So,okay, starting with the September 26,2013,red-lined version that you were handed out today. Condition B -. GIFFIN: Yes. LIM: Those changes reflect the fact that the Waiaha Water System Agreement with the Water Board is constantly evolving as new members come on and those types of things. In fact,if we're successful in this project, then we will be transferring some of the excess water units from the Hu Ko Pa project up to this project. So that's why we've kind of made it a little bit more generic so it doesn't mention specific parties and things like that. It's pretty much a technical and nonsubstantive change. On Condition 0,you'll note that we crossed out the original Planning Department recommendation for Condition G,and inserted the portion that starts out with"The applicant shall construct a north-south connector road"and ends all the way down with "shall provide repair to any public facility damaged by the landscaping." That is a direct quote out of the Hu Ko Pa rezoning ordinance,and it's consistent. It has a couple of more things in there that were not in the original conditions such as no gates,you know,and that the developer will take care of any landscaping in the right-of-way. So we felt that that was a little bit more complete description of the roadway conditions. So that's why we inserted the exact copy. And the only thing we changed was the, including the reference to the proposed Pualena Street extension. That, in the Hu Ko Pa Street,in the Hu Ko Pa rezoning ordinance that reference was to the Paulehia Street north-south connection. So what we're doing is substituting that street name. Condition H,we added the provision that the applicant shall realign the boundary along Hualalai Road with its property and would dedicate any additional right-of-way to the County equal to one-half the difference between the existing right-of-way and the realigned right-of-way. We've added the"one-half the difference"because that's language that was out of the Hu Ko Pa rezoning also, and it makes it clearer that the present applicant should be responsible for his side of Hual"alai Road and not the north side of Hualalai Road. I think Mr. Arai has some clarifications to that to add. Just below that in the middle of Paragraph H,deletion of Parcel 30 was the, was replaced; we 37 deleted that there,but we replaced the fair share improvements for the Hualalai frontage for Parcels 30 and 11 with the fair share cost capped at$75,000. And the last change that we had proposed was all the way at the top of page 5, which is part of that very long fair share contribution Paragraph S. This was a section,we start on Page 4 at the bottom, "The applicant may receive a credit against the fair share contribution required for the road and traffic improvements in the amount of the costs of land and construction of the improvements to Hualalai Road described in Conditions G,H, I and J"; we added the G and J because when you look back at the Conditions G,H,I and J all deal with improvements to Hualalai Road. That's consistent with the theory that was adopted in the Hu Ko Pa ordinance also. GIFFIN: Commissioners? Tom. WHITTEMORE: Yeah. Maybe this is a question more to Public Works,but, you know, looking at the proposed improvements under I,there are certain sections of that road that really are of concern to me that drops off drastically,and that may be part of the improvements that go in there, protective guard railings or something along that road. I mean there's some serious drop-off spots. And if you're going to have increased traffic on that road,it's going to be,it's going to be much more dangerous. Is that something that you folks would consider in some of the improvements? EMLER: I think you brought up a good point,because it says"pavement widening"; it doesn't say "shoulder widening." WHITTEMORE: Right. EMLER: So you could say"pavement and roadside widening,"just to add the word"roadside." And so,that would address,we would be looking for safety issues with regard to a clear zone from, from a drop-off or embankment. So it would be either adding additional shoulder width to meet the clear zone requirements or guard rails. But I think we would just require that they do the normal, say 15 feet of shoulder, swale area from the pavement over to the proposed property line. EMLER: So you can say"pavement and roadside widening,"just add the word "roadside,"and so that would address,we would be looking for safety issues with regard to a clear zone from a drop-off or embankment. So it would be either adding additional shoulder width to meet the clear zone requirements or guardrails;but I think we would just require that they do the normal,say, 15 feet of shoulder swale area from the pavement over to the proposed property line. WHITTEMORE: Okay. GIFFIN: So then, Daryn,are we talking about more verbiage in here? So-. ARAI: I'll take care of it. GIFFIN: Thank you,thank you. Brandi. BEAUDET: Steve, a couple of questions. When we talk about fair share improvement costs for road improvements alongside Parcel 30-. 38 GIFFIN: Forty-three? BEAUDET: No,Parcel 30. The number,how did we derive at the number 75,000? LIM: We had our, the Barrens said they estimated out the approximately 600 to 700 lineal feet of improvements to Hualalai Road at about$500,000. So we divided that by seven,which would have been the six lots that are, were part of the original big property,plus the Bolton Lot 30, which is a separate parcel that's going to be improved. So that's why they divided seven into, $500,000 by seven comes out something like$71,000 roughly. BEAUDET: Okay. I would be more comfortable with dividing by six,because Parcel 30 is connected to the other Bolton property and there is no required improvements for the lot because of the encumbrance of the water tank,yeah? LIM: The applicant agrees with dividing by six and-. GIFFIN: So what does that come out to? LIM: I'm going to let the math majors do that right. COMMAND: About 83. BEAUDET: Okay. And then the second point that I had was in your response letter dated September 12,2013,Project Benefits,Paragraph Project Benefits, we spoke earlier to it with regard to the 20 feet of widening along the boundary of Parcel 43. Should we indicate that in the conditions? Because we speak to the five-foot setback but we don't speak to the road improvement agreement. LIM: I think it's probably difficult to do that because, you know,we have to leave it up to the engineers of Public Works to determine where this Hualalai Road, the new HualAlai Road right-of-way is going to be. BEAUDET: So,Daryn, we cannot,can't we add that language into the condition based upon the opinion or the direction of Public Works? ARAI: In,let me see, in many ways that provision I believe,and maybe Ki can correct me,is,since it is kind of,it's not explicitly stated,but it's built into the condition,because we are looking at pavement widening and now roadside improvements,grading,resurfacing,drainage improvements. So I don't know if you need to go to that level of being that specific because-. BEAUDET: So that would be covered in H then. ARAI: That will be covered, well, I, as well. BEAUDET: Okay. ARAI: I mean that's the way I see it. 39 BEAUDET: Okay. If it's implied,then that's fine,but as long as everyone understands that. ARAI: Yeah,because in the end Public Works needs to determine what they,it's the County road, HualAlai Road, so Public Works who controls the County roads will determine the scope of the improvements necessary to ride the proper widening and transitions for the improvements,so-. Are you comfortable with that, Ki? EMLER: Yeah, I think it's built into Condition I already. But I just had a thought,and that is the issue of giving the additional five feet of barrier for future widening,and I would like to have that graded for the future widening now before,at the same time they are developing the lots so that we are not having to do it later. So that would be built into the roadside improvements. And if I can get that on the record,that's something that I would prefer is that that additional five feet also be graded in the roadside. ARAI: The way the condition is languaged right now is it's a future road widening. If Public Works wants it improved,whether it's just simple grading or not, there is going to be a point where one has to consider whether the County should just ask for it,and don't make it a future five-foot widening, ask for it now. I mean the whole point of the condition as constructed is that should Hualalai Road be widened to a full 60 feet-. Right now Public Works did mention that in the interim 50-foot wide right-of-way realign would be acceptable to support the project, but in the future eventually we may want to see a full 60 feet,which is collector standard. So to improve beyond the 50 that was represented as being satisfactory for now, I don't know, I do have some concerns about that; because they can grade it, the additional five feet,but like who is going to maintain it,who is going to, I mean,it does raise some issues in my head. It all comes down to if we want it for whatever purpose, we should take it. GIFFIN: Brandi, you are okay with that kind of, you know,thinking? BEAUDET: Yeah,yes, I am. GIFFIN: Thank you. WHITTEMORE: Daryn,just one question,too. GIFFIN: Tom. WHITTEMORE: I don't know,I'm not familiar with what conditions were put in place when you, the Commission approved 42,and when we talk about the divisible and everything by one-sixth or whatever,I'm assuming 42 is totally out of place. What we approved under that is what we've got to live with. The difference has got to be made up by the County when we look at the allocation of these expenses,is that correct? Make up for 42? I mean the future lots we can apply the same accountable as we are doing now,but the one already approved, the County has got to carry that cost to be consistent,right? ARAI: I think I mentioned this at the last meeting back in July is that you can ask for a distribution, but it's a distribution based on assumed cost for the improvement in today's dollars;we have no clue what is going to be in the future. So to simply say that we are going to have to make up the difference only for the Hu Ko Pa project, which already has its entitlements, I don't know if it's just 40 simply limited to that,because the improvements to HualAlai Road,and given that it's not even programmed, it could be ten,fifteen years from now,and nobody knows what the cost will be in the future. WHIF1'EMORE: But it will be the County's kuleana. ARAI: Yeah,it will. WHTt'1'EMORE: Okay, yeah,okay. GIFFIN: Okay. Any other questions of comments? So then,Daryn, how would we mesh the proposed conditions with the Director's conditions? ARAI: Well,basically, I'm going based on the assumption,not hearing anything different, that the red-lined proposal offered by the applicant will form the basis for the amendments to the Planning Director's recommendation that is before you on the goldenrod paper. So my comments will be based on the red-lined amendment submitted by the applicant. GIFFIN: Okay. ARAI: We have been in discussion with Public Works, and they did recommend a few additional changes,and if I can kind of go step by step through each one real quick. GIFFIN: Thank you,thank you. ARAI: So again,we are all operating off of the red-lined version offered by the applicant. Looking at Condition C, I mean,Condition B was offered by the applicant. From a Department standpoint we have no objections to that. Condition C,as I mentioned earlier in addressing Commissioner Beaudet's comments,the applicant offered the proposed language regarding final subdivision approval based upon completion of the minor street connection, which is the extension of Paulehia. That will go at the very end of Condition C, which currently reads,"Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five years from the effective date of this ordinance." At the very bottom, Condition G,and continuing onto Page 2,we have no changes or recommended changes to that language. We are in general concurrence with those proposed changes. Condition H,as in Harry, the proposed "equal to one-half the difference" language is somewhat concerning to Public Works simply because we don't know if it's truly going to be half the distance. HualAlai Road kind of meanders,so in order to sort of straighten out the alignment there may be situations where more than half is necessary to take care of the geometric. So that being said, we would like to wipe out the red-lined, and if I could just read the whole thing as proposed, I think that will be easier: "The applicant shall realign the right-of-way boundary along the subject property frontage of HualAlai Road to an alignment meeting with the approval of the Department of Public 41 Works and dedicate any additional right-of-way to the County,between the existing subject property right-of-way boundary and the subject property-side of the realigned 50-foot wide right-of-way." And the rest of the condition will read the same. That's basically clarifying that it will give Public Works ability to adjust the right-of-way, and sometimes it may be more than half the difference between the existing right-of-way and the new realignment. Condition I,let's see,the Department of Public Works earlier recommended that on the third line down after the word, "pavement,"to also insert the words,"and roadside widening,"so it will be "pavement and roadside widening." And that was in response to Commissioner Whittemore's concern about shoulder improvements and guardrails and everything else. The rest of the condition that is red-lined,which talks about their fair share improvements,at that point whether you accept it or not, I'll leave it to the discretion of the Commission,because there was discussion of whether it's 75,000 or whether we go with one-sixth,which would be in the vicinity of 83,000,based on Commissioner Beaudet's comments. Condition L,one minor adjustment at the very end,it says that"a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works";Public Works would like it to read "and submitted for approval by the Department of Public Works." I think I covered everything. Oh,one more condition,sorry. If I can back you up to Condition H again, as in Harry, at the very end of the condition we would like to include additional language, and this is to address, if you look at the site plan again where HualAlai intersects with Hienaloli at the very top, right there,people heading mauka wanting to do a left turn and head north apparently have a very difficult time seeing south along Hienaloli; I guess there is,you know,trees and brush. And so there is a concern that if this project were to be developed, that something could get in the way,like a rock wall or something, that would further block the ability to look south to see if traffic is coming up in order to make a left-turn movement onto Hienaloli Road. So with that being said, we just want to include additional language at the end of Condition H that will read"a sight distance easement shall be provided and maintained to address the sight distance limitation at the intersection of Hualalai Road with Hienaloli-Kahului Road. I think I got everything. Okay. Thank you. GIFFIN: Okay. I'm just making sure that I have-. WHII-1'FMORE: I think you've got,under I,also a correction in that the cap on the dollar,the 75 -. GIFFIN: Oh yeah,well,83, Daryn wanted, I mean,Daryn wanted to have us discuss that? Is that why you left it out? ARM: I'm sorry? GIFFIN: I mean you didn't leave it out,you said the discretion of the -. ARAI: I mentioned whether to go one-seventh or one-sixth is really the Commission's discretion at this point. GIFFIN: Yeah,that's why he didn't say that that was included. 42 WHITTEMORE: Okay. ARM: And just to let you know that Mr.Emler of Public Works asked if he could speak to some of the proposed amendments. So it's at your discretion if you want to call him up. GIFFIN: Absolutely. Come on up, Ki. EMLER: Well, I think this was addressed at length at the previous meeting, or discussed,but the issue of not improving the frontage of Parcel 43 (sic)is a concern especially for me because I have to review the construction plans for this,and you see the 42,the frontage of 42 is going to be improved and 43 is going to be improved,but the gap between the two is not going to be improved; how am I going to deal with that when it comes to dealing with the construction plans? That's going to be difficult. So it's going to make it-. I don't think the owner of Parcel 30 is going to object to them improving the frontage of their property. And so that's why I'm concerned about leaving the gap there. Perhaps we shouldn't even have any improvements on Hualalai Road at all, if we are not going to fill the gap. And I'm a little concerned about Condition G being understandable: "The applicant shall construct a north-south connector road between the proposed Pualena Street extension and Hualalai Road" and dedicate it to the County. I'm wondering if it's clear enough exactly how that's supposed to happen. Their site plan is very indirect,you know,as far as the connection is being made. I hope, perhaps they can point out exactly what they mean by that for the record. I think when we had the previous condition,the way it was written-. And I appreciate that they are wanting to include stuff about the gates, not having gates and so forth,that's certainly admirable,we accept that. I'm a little concerned about making sure I understand what street alignment this condition is talking about at least in the context of the existing site plan,what they've done. LIM: I'll take a shot at it. EMLER: Okay. LIM: Starting the bottom of the picture,the mid point in the project on the south boundary,that's the Pualena Street extension—and,you know,as I look at the condition,it should say that"The applicant shall construct a north-south connector road within the project"—so starting from there and heading in north direction you take a left to go makai and go straight down,and that is the what we would call the minor street,the Pualena Street extension out to Hualalai Road,because that will then connect to the Hu Ko Pa extension. EMLER: So because we have the new amended condition that requires that they obtain an easement form the adjacent property owner, that is the north-south connection. It's indirect north-south that goes makai, and then it takes a right, so it's a little confusing-. LIM: Yeah, it's -. EMLER: As far as trying to read it, and say, oh yeah,I know what that means. 43 LIM: It's, you know,for us if you would prefer to go back to the original language, so long as we all understand that the connecting roadway is constructed with dedicable standards means exactly what I said; we don't want to make all the roads in the project, you know,dedicable standards. EMLER: I like the original condition,but you could leave in the part about the gates,and put in a requirement that there be a connector to Pualena future extension to Pualena. LIM: If we are going to change,let's just go back to the original condition. ARAI: Maybe we'll just delete the word"north-south,"and I think that will take care of everything. And it seems like Public Works is receptive to that. LIM: Okay. Daryn,could we add also,so it will be, "The applicant shall construct a connector road -." ARAI: "Connector road between-." LIM: To say"within the project." I don't want to have to build an offsite road. ARAI: "Construct a connector road within the project,"right? LIM: Yeah,and then everything else seems to be good. ARAI: Okay. GIFMN: So, Daryn,we were still on G? Yes? ARAI: Yeah,but I think we resolved it with the amendment we just made on. So it looks like Public Works is now more comfortable,because I think he is right, "north-south"was kind of forcing a direction so. GIFFIN: Yeah. BEAUDET: I have one question, please. GIFFIN: Brandi. BEAUDET: And this is for Ki. On the first item that you discussed about Parcel 30,you wanted to comment your concerns or you are going to follow up with a recommendation or a suggestion? EMLER: Our original recommendation on our memo to the Planning Director was that that frontage also be improved as part of the project improvements. So it didn't have this deletion of Parcel 30. BEAUDET: So we either agree to agree with the condition in its original state or in its suggested state,is what,right? Okay. 44 ARAI: Correct. And if,and I'm not leading the Commission,if the Commission decides to require the applicant to provide that, improve that portion of Hualalai Road that runs away from the project site's boundaries fronting Parcel 30, you need to include Parcel 11,too, if I remember correctly, because Parcel 11 is the water tank site. And I should note for the Commission's information that when we went back to the office, we did note that Parcel 30 and the water tank site there was a recent subdivision—I don't have the date right off the top of my head—that actually carved out an additional right-of-way; so during the subdivision for the water tank site, I'm not sure if it was based on comments from Public Works or not,but the subdivision included I think it was a five-foot wide strip for the widening of Hualalai Road. It is still owned I believe by Bolton,and it has not yet been dedicated to the County,but just to let you know that road widening was factored in into the subdivision, and it has since been approved. And again,that is only to the lot that,Parcel 30 that resides in this area here,the Hualalai Road frontage. LIM: On the applicant's part,you know,we repeat that we don't think it's appropriate to require the applicant to try to construct a roadway on somebody else's property. All he has to do is tell us no, and then we are dead in the water. That's why we proposed the fair share. GIFFIN: So,Daryn,could you please repeat what it is regarding Condition G,right, is what we are talking about? ARAI: Well,we are actually gravitating now into Condition I. GIFFIN: And,so the two choices are? ARAI: Well,there are actually three choices the way I see it. It's either go with the applicant's proposal to not require them to improve Parcel 30 frontage and just to provide their fair share— actually, yeah,four choices—provide their fair share at$75,000,which is the one-seventh distribution;or go with Commissioner Beaudet's thought about going one-sixth,which would be about$83,000 distribution,that's 2; then you have whether to require the improvement,ignore his offer of a fair share and require them to improve the entire frontage of fronting Parcel 30 and including the water tank site,Parcel 11,with the widening improvements and drainage improvements necessary. So,I'm sorry,maybe that's just three changes. GIFFIN: Okay. Everything else,though, is in sync,right? ARAI: I believe the rest of it we are okay with. I mean there is that fair share condition that spills over onto Page 5 where they include Conditions G,H, I and J,as being able to secure credits from their fair share obligation for outside road improvements. GIFFIN: Not J, though. ARAI: No,J,too,is in there, I mean as being offered by the applicant's representatives. Yeah,J is in there. And J is for street lights,signs and markings on Hualalai Road,meeting with the approval of Public Works. And just to let you know,the credit I believe was also provided for Hu Ko Pa. GIFFIN: So the conditions as proposed by the applicant that had additional wordings were the following: Condition C,Condition G, B, yeah, sorry,H,I,J as you just pointed out. 45 ARAI: Well,J,there is no amendments. GIFFIN: It was as is. ARAI: It was as is,but it was included in Condition S,which is the fair share. GIFFIN: Okay,so then no additional wording for Condition J, ARAI: No. GIFFIN: How about L? ARAI: Condition L at the very,"A drainage study shall be prepared by a licensed civil engineer and submitted for approval by the Department of Public Works,"that was the change we are offering. GIFFIN: Okay. And then S? ARAI: And then S,and that would conclude the amendments. GIFFIN: Okay. So,Commissioners,those are the conditions as proposed by the applicant that we are considering that-. ARAI: And further amended by the Department and Public Works. GIFFIN: Yeah. So,do we have any discussions on these proposed conditions? WHIT EMORE: Daryn,can I-. GIFFIN: Tom. WHI TEMORE: Yeah. Going back to your three or four options there on I,just so that I understand clearly;it's either$75,000,$83,000 or$500,000. ARM: That's a good way of putting it, yes. WHITTEMORE: Isn't that the way basically? ARAI: Basically,yeah. WHIT 1'EMORE: Okay. ARAI: Public Works said"or nothing,"which is true,too. WHTFFEMORE: Yeah, so, any difference to keep the consistency going with improvements, the County is going to bear. If it's 500,000 around that area estimated and value that you've placed on the construction cost,and 83 is going into it,but the difference is that the County will bear it to keep those improvements going,right? 46 ARAI: Correct,especially based on Mr.Emler's comments about if he is having to approve construction drawings for improvements on the other side,you know,I guess how do you transition improvements if you are not going to carry it all the way through. BEAUDET: We've got to be honest with ourselves as a commission,yeah, I mean,it's a County road, we had a first opportunity and we missed it. And now as we move forward, we need to be conscientious of the conditions that we put on,or that we apply to these application request; you know,the County needs to make up for lost opportunity,not the next developer. GIFFIN: Bobby. COMMAND: And I will say that the balance of whatever we are talking about,425,000 or,is not necessarily going to be put up by the County at anytime soon. Just because we decide that we are going to allow them to do one-sixth doesn't mean that we are going to do the rest. It doesn't mean we are not,but-. BEAUDET: But we are not going to do,we are not going to do it, I mean they are not going to do one-sixth; they are going to contribute-. COMMAND: Exactly, yeah. BEAUDET: One-sixth of an estimated cost. GIFFIN: At today's prices. BEAUDET: At today's dollar. COMMAND: And I would say that we are also setting up a precedent that when the other applicants,when the other owners of the other lots come in, that we would apply the same condition to them. ARAI: And I know it's getting late in hour,but I just want to make it clear,too, that don't use this as an opportunity to resolve things that may have been not looked at in the past. I mean it's all about if you do require something of the applicant that is proportionately reasonable -. GIFFIN: Fair. ARAI: Fair,you know,based on the impacts that they generated, you know,all that has to be weighed into the decision-making. So I just want to make sure that that was on the record. GIFFIN: Thank you. And,Daryn, should we then next consider the 75,000 and/or the 83,or when we talk about the conditions that that figure can be interjected then? Or should we be of one mind? ARAI: I think it's really, it's just going to come down to someone just making a motion,and it could, yeah,just someone just making a motion and identifying what parts of the applicant's proposal they like,what parts of our recommended changes they like,and go for it. 47 GIFFIN: So bearing that in mind,Commissioners,what I suggest is that we go ahead and take a look at the various conditions as proposed by the applicant that we've been discussing—I've tried to mark in my margins those conditions that had additional verbiage—and then when it comes to the proposed Condition I,that we think about what is the figure that is amenable to us, and go from there. Am I correct, Daryn? ARAI: That's fine. You can do it that way. GIFFIN: Okay. So is there any more-. Tom. WHITTEMORE: If I can just clarify,because my earlier statement-. GIFFIN: Which one? WHITTEMORE: With regard to the three choices. GIFFIN: Yes. WHITTEMORE: That was,the last choice of the 500,000 was really the original recommendation of the Department. That's the only reason I brought it up,whether it's equitable or not, and whether it applies or not. So it's a significant change from what the Department really recommended initially versus where we stand today with the proposal. So that's just for the record; I just wanted to make sure that's the reason why I had brought it up. GIFFIN: Thank you. Any other comments? Because we should be looking at these conditions in terms of a motion. Daryn,would you like to go over again the conditions as proposed by the applicant that have additional wording or changes,because that should be reflected in a motion as well,without necessarily having to go through the actual verbiage in a motion for each condition. ARAI: Sure. Condition B, we have no objections to that language. Condition C,we are just asking that additional language be placed that would tie in the project with the connector road to makai,the Hu Ko Pa development. Condition G, we had no objections to the applicant's proposal with a minor change to eliminate the word"north-south"to avoid confusion and to ensure that they construct the connector road within the project. Condition H,as in Harry, not supportive of the equal to one-half difference red-lined language that they were offering;in its place we did offer a suggested change that will provide the clarification. I think it still provides the reassurance that the County is not going to take more than it absolutely needs. Condition I,all we ask is that we include the words,"and roadside,"after the word, "pavement,"on the third line to make sure that the shoulders get improved,the shoulders on their side of the project. We are still waiting on—sorry. BEAUDET: Condition H, we wanted to add language to incorporate a sight distance requirement, yeah? ARAI: You are absolutely correct. Thank you so much for reminding me about that. Thank you. Condition L,as in Larry,just making sure that the drainage study is approved by the Department of Public Works. And there is also the change to Condition S,as in Sam,at the very end, starting on Page 5, we don't have any significant objections to the applicant's proposed amendments. 48 GIFFIN: Would you say that again? ARAI: We don't have any objections to the applicant's proposed amendments. GIFFIN: Great. So,does that help with the proposal of, I mean, for a motion? BEAUDET: We don't need specific language for Condition C? GIFFIN: No. BEAUDET: We can motion on the understanding? GIFFIN: No, we can move on that our staff has the exact wording that was read to us. BEAUDET: Okay. GIFFIN: Commissioner Beaudet. BEAUDET: Yes,ma'am. I would like to make a motion for a favorable recommendation for the change of zone request be forwarded to the Hawaii County Council relating to REZ 13-164,along with the conditions as proposed by the applicant on a document dated September 26, 2013,also reflecting the changes agreed upon today,specifically to Conditions C-. GIFFIN: Start with B, please. BEAUDET: As recommended,as proposed by the applicant in Condition B,additional language as staff recommended for Condition C,proposed changes by the applicant on G,as for Condition H, with the additional language as recommended by staff,as for Condition H, the language proposed by the applicant and staff-. ARAI: It may be better to say as further amended by staff. BEAUDET: As further amended by staff,along with a change to the not to exceed the dollar amount of 75,000 to 83,000,recommended changes on Condition L, and proposed changes to Condition S. ARAI: You did a wonderful job,Commissioner Beaudet. I have just one minor follow-up is on Condition G on Page 2 at the very top, you may recall there was initial confusion about the words "construct a north-south connector"; and we recommended that the word"north-south"be eliminated to simply"construct a connector road within the project between the proposed Pualena Street,"with the remainder of the condition to read as follows. GIFFIN: Correct. HICKCOX: Second. GIFFIN: Hang on. Daryn, I have a question. Did we speak of Condition J also? 49 ARAI: Condition J, there were no amendments proposed by either the applicant or the Department. Condition J reference was actually within Condition S,which they wanted to include that as an opportunity to secure credits against their fair share-. GIFFIN: Correct,correct,okay. WHTITEMORE: Chair? Just-. GIFFIN: Tom. WHTI'I'EMORE: Just so,Brandi, I think you wanted, maybe I didn't hear you say, about the sight distance issue on H, that you also wanted to include that-. BEAUDET: Yeah, we confirmed that prior to the motion. WHITTEMORE: We did,okay,okay. GIFFIN: Okay,hang on. It's been moved and seconded,it's been moved by Commissioner Beaudet and seconded by Commissioner Hickcox that the change of zone application,REZ 13-164, receive a favorable recommendation to the Hawaii County Council,along with the conditions. Daryn,do you want me to repeat them? ARAI: Yeah, I don't think it's necessary. COMMAND: As stated. GIFFIN: Okay,as stated, the Director suggested,by the maker of the motion,and seconded by Mr. Hickcox. I think we covered the basis,correct, Daryn? ARAI: Yes,ma'am. GIFFIN: Okay. Okay, I think we are ready. ARAI: Okay,calling the roll. Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Nobriga? NOBRIGA: Aye. 50 ARAI: Commissioner Whittemore? WHTITEMORE: Aye. ARAI: Madam Chairwoman? GIFFIN: Aye. 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T, .1 a44 a C7 :2:4,-,:.-•-__s °k *U11 ^`!. 9p Ce I y , ..a v„".. i H U7 °w�''b'�`�'a I'1N t"' ,II. q ` ar ..'4!'"'a o -..may. ' �. a Q Y ZAaW'�:o4°--�'+ og .� 'c Lb s r t�'r _. ---, HY> s,'r �_op.tea t a^P i_.. ' ��r. o R Tj ` �.''�';<��a o t a°�'.--ate° A ��e V `` `-�177" \., k�co aV / �- p_ .a .'PP \ —.,rte} . .wn� r Z ;.,��.r""r ; ! \3 A 418 F X ill 5 g a 3- W 1 '1y y 4 €C i 4 Y-�1• i A a /N. ► ii =Sa col e z _3 '7 1 I ! Ill I 9 A 3 �' I 8 :7 CHRISTOPHER J. YUEN P.O.Box s ATTORNEY AT LAW elep ,HI 96773 Telephone:(808)963-6966 e-mail:chrisyuenz @hotmail.com September 23, 2013 Geraldine Giffin,Chair Leeward Planning Commission 101 Aupuni St., Suite 3 Hilo, Hawaii 96720 Re: SLU Boundary Amendment/Rezoning for T.M.K. No. 7-5-017:043 _ Dear Chair Giffin and Members of the Leeward Planning Commission: The Planning Department asked me to write a letter to the Leeward Planning Commission about the subdivision that created T.M.K.No 7-5-017:043. You are currently considering an application for a state land use boundary amendment from agricultural to urban, and a proposed rezoning from A-5a to RS-15, for this property. The main question seems to be the clause in the Nov. 18, 2004 tentative approval letter which reads: Coordination to Promote Optimal Development. A Declaration of Agreement shall be recorded for all lots within the subdivision that will require the coordinated development of access,water system, sewer system,and drainage improvements servicing all lots in order to promote and accommodate its optimal development. The applicant shall execute this agreement for submittal to the Planning Director for approval and recordation. The required agreement was later recorded in the Bureau of Conveyances, so all subsequent lot owners have notice of,and are bound by,the agreement. I'll try to explain the purpose of this clause without getting into all the details about the processes leading to this subdivision. The basic purpose was to make sure that this subdivision didn't shut off opportunities for road connections,and make the future development of the area more difficult in other ways. But we didn't have a specific future development proposal at the time, so it was premature to try to specify exact requirements. The 2004 subdivision application proposed to divide an area of about 96 acres into six lots: one for a water tank, one lot of approximately 36 acres, and four lots of slightly under 15 acres each, which were zoned A-5a and were in the state land use agricultural district. Because of the General Plan LUPAG map designation of at least the bulk of the area as"low density urban", general market trends in Kona, and nearby residential development, it was likely that the subdivision would eventually be followed by various applications for land use changes to residential lots. SCANNED Attachment to: Comm. 485 Bills 143 & 0 &1767 144 By:! e subdivision would eventually be followed by various applications for land use changes to allow residential lots. The 2004 subdivision was allowed by the zoning at the time,but created potential problems. If this area were eventually developed into residential lots,there should be street connections from Puapuaanui St.to Hualalai Rd.,and a mauka-makai road so that the lot owners could get out in either direction.This would allow better traffic circulation and help implement a road system for local traffic parallel to the Queen Kaahumanu Highway. At the same time,there shouldn't be too many intersections on I-lualalai Rd.,because it is so curvy,so future developments should share the Hualalai Rd.intersections. The land use approvals for Pualani Estates had required road stub-outs at Paulehia St.and Ho'omana St.,which could potentially provide the cross-connections from Puapuaanui to Hualalai,if extended across this property. Whenever property is subdivided,the lots may be sold to different owners who might not want to cooperate in the overall development of the area. They might be competitors. So the subdivision might make it difficult to implement the public interest in having better road circulation. There are other possible issues like drainage and water supply that may be easier to handle when the owners cooperate. It has been fairly common to see a rezoning application where it would be good to have a cross- connection through adjacent property to join two road systems. Typically,the landowner will say that it is not fair to require him to build the connection through the adjacent property because he doesn't control it. This argument has been accepted in the past,and the result is a residential subdivision that connects to a road on one side,but has a stub-out on the other side. Too often, the desired connection never happens. Similarly,the 2004 subdivision created the possibility that the property could eventually be developed as a series of cul-de-sac residential subdivisions without the desired road cross- connections,with some residential subdivisions connecting only to Hualalai Rd.,others only to Puapuaanui,and that the various owners would argue that they didn't have the right to build connecting roads across the adjacent lots. The subdivision clause requiring cooperation makes it clear to the owners that they do have to work together in implementing road connections and other infrastructure. If they don't,they shouldn't plead that it is unfair to deny them their desired rezoning. The prior rezoning in this area,of T.M.K.No.7-5-17:042,(Ord 2010-002),did require the construction of a road connecting Paulehia St.to Mislaid'Rd.,and that the owner allow connections to the properties mauka and makai. Thus it is still possible,and reasonable,for the county to ensure that all development in the area implement the road connections described above. I hope that this letter answers the questions the Planning Commission may have about this clause in the subdivision approval. Thank you for all that you do to make the island a better place. Yours tad Chris Yuen 2 , • • TESTIMONY OF MARK VAN PERNIS Re SLU-13-038/REZ-13-164 Application of Hualalai Partners of Kona,LLC This property is part of a 60 acre RS 10 development, consisting of four approximately 15 acre lots, Lots B,C, D and E, resulting from a consolidation-resubdivision by a Bolton entity, which was carried out to avoid the State Land Use Commission process for a 60 acre development, by creating the false appearance of separate lots of less than 15 acres each that could separately be processed by the County of Hawaii and then recombined into a sixty acre subdivision. This was intended to avoid environmental assessments and infrastructure requirements, such as drainage and sewerage. Two of these lots are controlled by Mr. James K. Schuler, the man who brought you condovision years ago, although one of Mr. Schuler's lot is held in the name of his straw man, Mr. Cook.The other two lots are held by Mr. Barrett,through the names of family entities. There are major infrastructure problems, particularly drainage, for this sixty-acre development. These are the kind of issues the property would have to address in the State Land Use Process. Thus the division of the property into slightly less than 15 acre parcels, so they could come before you piecemeal and avoid the responsibilities of their sixty-acre development, have the County and the public pay for their responsibilities. Are you going to aid them in this scheme? Planning Director Chris Yuen saw this ploy when this scheme was brought before him for the division of the sixty acres into four 15-acre lots. In his tentative approval for this consolidation and resubdivision Director Yuen saw what was happening and included conditions for dealing with the drainage and other infrastructure of joint development by requiring that all the lots be developed together. The November 18, 2004 Tentative Approval letter for the consolidation/resubdivision requires that. Exhibit A. A Declaration Agreement recorded in the Bureau of Conveyances, followed obligated Mr. Barrett's two lots and Mr. Schuler's two lots to jointly develop. Exhibit B. Don't ignore it. Mr. Barrett may not have referred to it. But Director Yuen saw what was being attempted and you should too. Mr. Yuen's condition and the agreement should be recognized,respected and enforced by you. iAAA lit _ te "toy 1,1 Dix ' ,y„? Ram �.,:_,W r Copy • • There is a subdivision plan for all sixty acres, which melds all four lots into one development. I've seen this plan, the two developers Mr. Barrett and Mr. Schuler have it. Why hasn't Mr. Barrett provided it? It appears that Mr. Barrett and Mr. Schuler are seeking to get rezoning one 15 acre lot at a time and then seek subdivision approval one lot at a time thus producing a sixty acre subdivision without providing for a 60 acre subdivision infrastructure. If this wasn't true, and if there was any need for such development, Mr. Barrett's lot D for which he has approval already would be under development,instead of waiting for the other three lots. In compliance with the recorded Declaration of Agreement, Exhibit B, no rezoning approvals or permits should be granted piecemeal and it should be required that all four 15 acre lots make application at the same time for development, for their collective 60 acre subdivision in compliance with the Declaration. It is your duty to comply with Mr. Yuen's condition and that Declaration. In an undisguised exploitation of the less than 15 acres County exemption from the State Land Use regulation, it is this Commission, and later the County Council, which is now being asked to ignore the needs and best interests of the neighbors,the people and the County for the private benefit of a better bottom line for the two developers of this 60 acre subdivision. Note that under the Kona Community Development Plan, a portion of the land is not to be designated urban.This portion must be exemplified from the application. Note also that the adjoining neighborhoods are primarily agricultural 'h acre and RS20. The more dense zoning the applicant seeks, especially when coupled with the very small lots sought in a PUD type of further unreviewed down zoning, depreciates the value of the neighbor properties. You have a duty to protect them, which is a higher duty than helping a developer profit at their expense. ' ' (0 l • Harry Kim ,,Ge"y4hq`', Mayor t ° :. 1 a- Christopher J.Yuen aj•, ;; Director ArB pR'H,,, Roy R. Takemoto 11 in Deputy Directnr �, i�1� `9 �tYu 6 6 PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 ti Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 November 18, 2004 Erik Lange, LS 74-50390 Queen Kaahumanu Highway Kailua-Kona, Hawaii 96740 Dear Mr. Lange: TENTATIVE APPROVAL SUBDIVIDERS: MALIA OHANA II PARTNERSHIP/Comes Family L.P. Proposed Consolidation of TMK: 7-5-17:30(a), 30(b), 30(c), 31 & 33, Being Portions of L. C.Aw. 8516-B:3; Grants 983 & 1869 And Resubdivision into Lots A, B, C, D & E Kahului 1 &2, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:030, 031, & 033 (SUB 2004-0120) Please be informed that Tentative Approval of the preliminary plat map dated July 20, 2004, is hereby granted with modifications and conditions. The subdividers are now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1) Drainage a) Portions of the subdivision are located within Flood Zones AE and X(Shaded) according to the current Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 1, Identify the Flood Zone AE and X (Shaded) boundaries and areas on the final plat, 2. Provide adequate drainage to reduce exposure to flood damage. Provide drainage facilities and easements as necessary. 3. Any improvements within the FEMA flood zone area will require a detailed flood study by a licensed civil engineer and compliance with Chapter 27, Flood Control, of the Hawaii County Code. Hawaii County is an Equal Opportunity Provider and Employer EXH NT +ice r �� 1 1 • Erik Lange, LS Page 2 November 18, 2004 b) Identify any other watercourses and drainage ways that are not designated as Flood Zones AE and X(Shaded) on the FIRM, and encumber with drainage easements. 2) Access and Roadway Improvements a) The access pole of Lot C should intersect Hualalai Road at a right angle or radial to the curve. b) Provide adequate sight distance for a safe ingress/egress on Hualalai Road from any access pole. c) Provide a 10-ft. wide "no vehicular access" planting screen easement along the Hawaii Belt Road frontages of Lot A and Lot B. d) Designate/establish access easement to Lot B from Hualalai Road. If access easement(s) to serve more than 2 lots, access easement shall have a minimum width of 50 feet and improved with a pavement width of at least 20 feet, and constructed in accordance with Department of Public Works Standard Detail R-39. e) No additional storm discharge shall be allowed onto the State's right-of-way. f) Guardrails for all lots (lower ones) that require protection from state highway traffic. 3) Identify and designate the location of proposed water tank site and water transmission line easement. 4) Comply with National Pollutant Discharge Elimination System (NPDES) permit requirements for construction activities disturbing one or more acres of total land area. 5) Coordination to Promote Optimal Development a) A Declaration of Agreement shall be recorded for all lots within the subdivision that will require the coordinated development of access, water system, sewer system and drainage improvements servicing all lots in order to promote and accommodate its optimal development. The applicant shall execute this agreement for submittal to the Planning Director for approval and recordation. A check made out to the Bureau of Conveyances in the amount of$25.00 shall accompany the executed agreement. 6) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 7) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 8) Final Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before November 18,2005. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. As part of final plat map submittal, the Planning Director requests an additional copy of the final plat map be submitted as a ".dwg" or".dxf' diskette file prepared by CAD software. 9) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3) years of said tentative approval, on or before November 18, 2007. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. • e. Erik Lange, LS Page 3 November 18, 2004 Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely r.:%. •f `.r.v .r CHRISTOPHER J. YUEN Planning Director ETC/OSA:Inm P:IWP601SuBDIVIDocumen fsl Subc2004-0120040120MaliaOhanalITA.doc Enc. - PPM (07-20-04) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT DPW-ENG-KONA Melia Ohana II Partnership Gomes Family L.P. d� 0� / a' ?aar kb,.� .a �, A 6>' ,> m O 4 tock ,77 Paz. `, '° 4.xr.- ---\ �\Nil s N. m 'e o ►r . 44�, g c .)K/* /�7J'' $hsp�, G7 R1 D fin±; o o Z �� J' 'z�1b=''�' k 70 3 O r \ P. 6,,bi . y N :' 1 9 \• v Oh +00,1W a*: 2. \ 1.47" ass ig rat,.oo. .41,) libb. 4..n --......----- N‘ '''' Etot .\ 14 7947• �- __ \\ „,.. :i4liVil4 1111\. .'"\„....- ....._. ''',"0.14.,..›. $ 54 o '. 4.3i;0:�47• ' --1 N m ? 'a t O t44 t/1 t A\ 'b ;. a4. ► �v .>'' '6 1. ` gad It -rt bo....9. w t R* ujy I l R 1 • ›X6 ' l � .....„00'�' . ''•�hr 0• _ k. C c N c Bey. 414.' n (� o' ro :,.'i.1 r7aj sib..b zb. s Big +SO y`• H ■ '. 4l!�`t.r: 3a '.'2y „, 77 v , akin �ej6,..-q4,....,,,,-,...„.:a7 , �jy�, `?+lo• 9l y 4.4 �",, �„� • $rr.+Fp`�e>. "Al c o AA as ' s1. Y ,g65u .. $ N0 �' ? r .r .ro• , a � � y4.' w a � ` 4.`''E J -I .■\. ‘ Ks, <7'44 1-4. 4.i, $.r, , a 1'11 1& '< ay "-t e� bb AR r + �44 '�-I C'4. +h .t RS o 4. } ib, o� � = 9J' 'k+vr ;, eptgtn Z ,- L`-t> ;b- 'Ire `RP' Ir ....-....-:%,.''s,o.yQSJ. 1 5i y,, .bl'?J.`47. '.f!�. 13 6:4:r. 70.4gdy lt 1 r111.117° 11 'IN6743;: ...—,-4 -77 at 1 Q N .�.a 4, ,r• a ee r Eb.:-‘,0- c l : J./ 2,' '4' '+lf? j t a t '-'".'.- -•"-.'''.1'---C �_ ? 4.• ~u Y ° k r t 0 ', 1,...i4, yk '.7:::,.. .4... ;.:4'...!:', .. e.'4,.4%yy , . . .. e e R412 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED 4 r f DEC 08,2004 08:01 AM r_. Doc No(s)2004.248484 _.. _" 11 ���I REGIIST AAR OF WCONAAC ES 20 2/2 23 ki LAND COURT SYSTEM REGULAR SYSTEM RETURN BY: MAIL( PICKUP ( ) TO: Pi GOMES FAMILY LIMITED PARTNERSHIP and MALTA OHANA H PARTNERSHIP c/o Mafia Ohana II Partnership, LLC '�. [c : ft311,7e#((3 ( / P. O. BOX 898 T -: /1430/04to x KAILUA-KONA, HI 98745 •f 1.441.4 W'' To4at ear: /40 a TAX MAP KEY: (3) 7-5-017:30(a), 30(b), 30(c), 31 &33 DECLARATION OF AGREEMENT FOR KAHULUI 96 ACRE CONSOLIDATION AND RESUBDIVISION SUB NO. 2004-0120 DECLARANT: GOMES FAMILY LIMITED PARTNERSHIP and MALIA OHANA II PARTNERSHIP PROPERTY: Proposed Consolidation of TMK: 7-5-017:30(a), 30(b), 30(c), 31 & 33 Being Portions of L.C. Aw 8516-9:3; Grants 983 & 1869 And Resubdivision into Lots A, B, C, D & E KAHULUI 191.and 2"d, NORTH KONA, Island of Hawaii, State of Hawaii (SUB 2004-0120) EYHINT S_...,.. I 'ma LBI. 1 1V is mane tins oCV-- day ofL 2004, by GOMES FAMILY L �;�'' D PARTNERSHIP a Hawaii 1' ' Trustee is Stanley A. Gomes, whose ►►� ", partnership, whose � Hawaii 96745 and MALTA OHANA mailing RTNERSHIP, a Hawaii limited � / whose general partner is Daniel B. Bolton, whose mailing Kailua Kona, Hawaii 96745, hereinafter collectively referred to as the Declarant". 898, WITNES SETH: WHEREAS, Declarant GOMES FAMILY LIMITED PARTNERSHIP is the fee simple Owner of those certain parcels of real property situated at TMK # (3) 7-5- 17:30(a), 30(b), & 30(c) District of North Kona, County and State of Hawaii, more particularly shown together as Parcel 30 on Tax Map per Exhibit "A" attached hereto; and, MALTA OHANA II PARTNERSHIP is the fee simple Owner of those certain, parcels of real property situated at TMK # (3) 7-5-17:31, & 33, District of North Kona, County and State of Hawaii, more particularly described in Exhibit "B" attached hereto, hereinafter collectively referred to as the"Property"; and WHEREAS, Declarant intends to undertake the consolidation and resubdivision and development of the`Property"; WHEREAS, in the event of a successful outcome of the consolidation and resubdivision, there will be created six separate and distinct lots per the Consolidation and Resubdivision Map shown in Exhibit"C" hereto, and to be known as LOTS A,B, C, D, E and LOT 1 and together,the"Consolidated Property"; WHEREAS the County of Hawaii stipulated that this Declaration be recorded as a condition for the Tentative Approval of this Consolidation and Resubdivision for the Consolidated Property; NOW, THER FORE, Declarant hereby declares that for any future development and improvements of the Consolidated Property, the future lot owners of all Lots A,B, C, D and E shall agree to coordinate development of access, water system, sewer system, drainage improvements, and all utilities to service all lots in order to promote and accommodate each lots'optimal development. [Signature page follows] 1 TMti(3)7.5.17:30,31&33 CC&Rs , ,,'- 0 From: "Baez, Wendy"<wbaez @co.hawaii.hi.us> Subject: Leeward Planning Commission Public Meeting and Hearing-July 18,2013 at 9:30 a.m. Date: July 12,2013 10:02:47 AM HST To: <mvpvsv @hawaii.rr.com> Cc: "Sherry Mattos"<shervsv @hawaii.rr.com>,<keoff @co.hawaii.hi.us> ► 3 Attachments,459 KB Mark: Hualalai Partners and Ho Ku Pa are the Barrets.... Father and sons Please also see the third attachment which is a letter from planning back in 2004 that requires conditions to be met, and an Agreement that the County stipulated to be made, was recorded... as tentative approval.... Anyways....Take a look... and call us if you can.... Karen's extension is 4278.... Wendy P. Baez Legislative Assistant to Council Member Karen Eoff Vice-Chair, Hawaii County Council District 8,North Kona West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 808/323-4279 wbaez@hawaiicounty.gov re- Public Heari....pdf(83.3 KB) p / .Paa, ` l iA O c �i zsm. i `fo- . .I\ \-- �N 041 � \ - 0 a'sis �'' k A Y Ems' . 7 1;5%. re,54 \ :iyt.142:..,.,0. • ..•-• 1, . \3,- m, `1`� too --� �. ti a # --1--",-o O u 1 rt•IfoO• 1-11:%7 ilitit‘..-\_-------------\ 2 11 --X638 ��kY� . 'NJ .�\ ry..to gam. - Vj OA \ —— S • WRITTEN TESTIMONY OF MARK VAN PERNIS 9/26/2013 Additional report made by Planning Department after public testimony in July. Public had no opportunity to comment on that. Mr. Arai promised a further report from Mr. Yuen at the end of the July meeting to the commissioner and the public. That was not made available until about 42 hours ago. The application seeks to by pass and violate the LUC to avoid the drainage, connecting streets, and Hualalai Road improvements unnecessary to make it a safe area for urban development,and instead wants to force the County having to spend millions of our money to make it safe. Note all six lots were made into 14.9 acre parcels to avoid the LUC and exploit and abuse the County's under 15 acre rule — Note all six lots border all of Hualalai Road down to Queen Kaahumanu Highway. It is admitted Mr. Barrett intends to develop his two 14.9 acre lots as one. This is an admission of 30-acre development, without going to the LUC. I've seen the 60-acre subdivision map for the four Barrett and Schuler lots in Mr. Schuler's straw man Mr. Cook's hands. The road connections from Mr. Barrett's 30 acre and Mr. Schuler's 30 acres,a total of four 14.9 acre parcels confirm this 60 acre plan. Originally,the two Schuler lots were in applications with this Barrett lot,but the applications were withdrawn in favor of this Barrett lot going first. Mr. Barrett's application stated his development would have access from the south from the private Sugar Cane road on other property. At the last hearing Mr. Lim admitted Mr. Barrett's development has no rights,over that Sugar Cane road. Thus there would be more pressure on Hualalai Road. Turning to the Kona CDP: It excludes a portion of this property from urban development. The applicant tries to ignore this, calling it a "mistake." The Kona CDP is not a mistake. Its boundaries were well thought out and well reviewed, and are to be followed in this and other applications. That is your job. Former Planning Director Leithead Todd's failure to follow the Kona CDP has been reversed in litigation, and precedent and authority is clear that the Kona CDP must be followed. The applicant's desire to make greater profits with smaller lots, smaller than all existing surrounding and close by lots, and use the Kona CDP agricultural land for small urban lots, all at the expense of the neighborhood should be rewarded. The neighborhood should be served by you, not this mainland developer's profit margin. Every testifier has testified against this application as presented. The virtually same application was not approved when presented to a prior Planning Commission and was withdrawn by the applicant at the suggestion of the County Council's Planning Committee. The Planning Department recommendation was rejected then, and should be rejected again. The Commission is here to work for and protect the public and nearby landowners. Its job, and the Planning Department's job is not find some way for private developers to succeed and profit at the public's expense. Please restore integrity to the process, abide the Kona CDP and do not approve this application,just like the prior Leeward Planning Commission did. c�t i a t573,7i FILE COpy Dacayanan, Melissa 1 "' T From: Linda [kimoroc @aol.com] ent: Tuesday, September 24, 2013 12:14 PM 7 ro: planning @co.hawaii.hi.us Cc: cmcinnis @hawaii.rr.com Subject: Barrett Rezoning We reside in Hualalai Colony, one of the developments closest to the proposed Barrett rezoning area near the intersection of Hualalai and Hienaloli Roads. We have attended several pervious meetings on this issue and appreciate the extra time and consideration given by the Leeward Planning Commission members to the proposal and neighbors' objections to it as it stands. The density of the planned development and the amount of traffic it would put on Hualalai Road are the reasons for our concern. We learned at the last meeting of the commission that there is currently no permission for a feeder road which could lead traffic from the development to the much wider and safer Puapuaanui Rd. ,reducing impact on Hualalai Rd. Hualalai Road, as you have heard and seen via the testimony of many residents up to this point, is narrow and winding with many blind curves, and little or no shoulder. It was not designed for the volume of traffic it is carrying now, much less that which dense development on the south side of the road would add. Even if the developers widen the road immediately adjacent to their property, it would do nothing to solve the problem below their property toward the highway. Several very obvious dangers already exist. If a car has a breakdown, there is no safe way o go around it, nor to pull a stalled car off the road. The fire which occurred not too long ago along the Queens highway caused gridlock on Hualalai Road all the way from Holualoa to the Queen's highway. Had the fire moved mauka there would have been no way for drivers to get out of its way, nor for emergency vehicles to pass them. The potential for many more cars added to the road can only make a hazardous situation worse. Therefore we would propose that: density of the Barrett development be further reduced, alternate access be established before development is permitted, and in a best case scenario,Hualalai Road between Hienaloli Rd. and the Queens Highway should be widened before more cars are added to this overburdened road. Thank you for your attention, Linda and William Horgan 75-5608 Hienaloli Rd. #44 Kailua-Kona r--- 1 ' .NNE ... ,l-, ., ' L ii i: -7, 087699 1 PLANKING DEPARTMENT Information for the September 26, 2013 Planning Commission meeting pertaining to SLU-13-38 and REZ 13464 SEP 23 PM I: 46 Attached are 3 documents Document A Is a metes and bounds survey showing what is currently 6 lots comprising 96 acres and the current or former owners names in red. Different documents refer to these parcels by different numbers or alphabetical letters or tax map parcel #'s. Lot A, aka # 30, 31 & 33 and formerly 7-5-17:30(c), 7-5-17:31 and 7-5-17:33 Lot B, aka # 40 and formerly a part of 7-5-17:30(a) Lot C, aka # 41 and formerly a part of 7-5-17:30(a) Lot D, aka # 42 and formerly a part of 7-5-17:30(a) Lot E, aka # 43 and formerly a part of 7-5-17:30(a) Lot 1, formerly 7-5-17:30(b) Document B Is a copy of a map showing Lot E, aka # 43 (outlined in red), which is the subject of the rezoning hearing. This map shows the relationship of the 96 acres to Pualani Estates, the proposed access onto Hualalai Rd.,access into Pualani Estates via Paulehia St. & Ho'omama St. and the required access across parcel # 22 to connect Lot E (# 43) to Paulena St. Please note; 1) parcel # 22 is not part of the 96 acres and the property owner has not been contacted by anyone regarding access across his property. 2) The Kona CDP designates Ho'omama St. as a continuation of a major collector road which will cross parcel # 41, parcel # 30 and intersect the existing main road into Malulani Gardens subdivision Document C Shows 4 separate schematic site plans that have been pasted together to give a better picture of the proposed residential development on lots B, C, D & E for a total of 195 homes. Submitted by Mac McInnis September 23, 2013 1)94e 1)1( clrivi; , .. ir,\ ' A4 f'.,. 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'07.7..1 I&,FrF4- 4%.*••••• ._,,,' ,-,•–...-.., .. .2..... .,,_ Pi■ ,"or- '''="1 ).0";.40:"0-,•■-sir,I140''.4 ,• • ,I r"..,..... ..,,:, l'---"----' -----', .... volo 4416'or:::„.... "-V::'5,01-"'.....*" .-:---,,,-.A.' •r Jr --...■%., ..,,,hoodbi... _,,,, otr, t , '"2'4'1 ■ ...Fs. V4i4 innvd 4 -441% , III .eiftg 1 x 1 a • 1 i 1 Ilitt • . • l'i p,7 • • 1 i 1i 1 t,/ 40630H0, - 9' . C-4 °7 CS w- I " IR jgeop, imo, kV > t , T 4' 17.4 1r ...V iss.,_‘11-447464 r"frcf , 5,07 gi7 i !. 1 1 1 1 1 1 X fdltrtinty L , lit ...mil:pimp. ' f r ' I ' iii i ii"111111511,11111111,1ti 1.n It 11-11 r 1 .11 IllIttlitlittiMMO. - -fl , r su ill itilltilitiiiiiitiiiii • r., . -... 1 9 , i 1 . C C".) 1 1 , July 16, 2013 Ladies & Gentlemen, My name is Mac McInnis and I submit this information for your review pertaining to proposal SLU-13-038/REZ-13-164 which comes before the Planning Commission meeting on Thursday July 18, 2013. All information has been obtained from the Bureau of Conveyances and files from the Planning Department. The rezoning request for a 14.968 tract of land. It is titled in the name of Hualalai Partners. This parcel did not exist as a separate tax map parcel prior to Dec. 2004. It was created along with 5 additional parcels by a Declaration of Agreement for Kahului 96 acre eonsoiiaation and Resubd 'on Sub No. 2004-0120. This document was recorded on Dec. 9, 2004. (a copy is enclosed). This document was a condition of the Planning Department granting approval for the requested Consolidation and Resubdivision of the 96 acres. This process started on April 8, 2004 per a letter from Stanley A. Gomes to Chris Yuen (a copy is enclosed). The enclosed survey is Exhibit C to the above referenced Declaration of Agreement. It shows 6 separate parcels. A,B,C,D, E and Lot 1 . Page 1 of the Declaration of Agreement states; "Whereas, in the event of a successful outcome of the consolidation and resubdivision, there will be created six separate parcels and distinct lots per the Consolidation and Resubdivision Map shown in Exhibit "C" hereto and to be know as Lots A,B,C,D,E and Lot 1 and together , the "Consolidated Property" It continues "Now, Therefore, Declarant hereby declares that for any future development and improvements of the Consolidated Property, the future lot owners of all lots Lots A,B,C,D & E shall agree to coordinate development of access, water system, sewer system, drainage improvements, and all utilities to service all lots in order to promote and accommodate each lots' optimal development." The Declaration of Agreement addresses the 96 acres in it's' entirety. It was a condition and created to prevent a fragmented development. No engineered plans have been drawn to satisfy any of the conditions of the Declaration of Agreement. Chris Yuen enumerates these conditions in 4 subsequent letters of November 18, 2004, August 9, 2005, October 17, 2005, and July 24, 2006. (copies are attached). In order to address the condition of drainage improvements, a licensed engineer has to do a topographical survey (on the 96 acres) in order to determine the existing grades, then develop the final grades and finally meet with the county engineers to determine what drainage improvements will have to be made to safely and effectively move rain water across this 96 acre parcel once it is developed. The above language in the Declaration of Agreement is in each of the Warranty Deeds conveying title in Lots A,B,C,D & E. Enclosed is a copy of the Warranty Deed to Hualalai Partners. This language and reference is also in the Mortgage document from Barrett Investments to Hualalai Partners (a copy is attached). Since none of the above conditions have been satisfied, I respectfully request any rezoning or development action on the Hualalai Partners parcel and the other parcels (consisting of 96 acres) be deferred until the property owners of these 5 parcels have complied with the conditions as stipulated in the Declaration of Agreement. I - R412 STATE OF HAWAII BUREAU OF CONVEYANCES RECORDED ' . ' DEC 09,2004 08:01 AM .44 Doc No(s)2004248464 tir . CARL T.WATANABE II 9 1I I NI i11I1I U REGISTRAR OF CONVEYANCES 20 2/2 Z3 idr LAND COURT SYSTEM REGULAR SYSTEM RETURN BY: MAIL. 90 PICKUP ( ) TO: jzS GOMES FAMILY LIMITED PARTNERSHIP and MALIA OHANA II PARTNERSHIP do Malia Ohana II Partnership, LLC tuN: 193l( y P. O. BOX 898 ow), KAILUA-KONA, HI 96745 �pi..4 (,rc W`in TAX MAP KEY: (3) 7-5-017:30(a), 30(b), 30(c), 31 & 33 DECLARATION OF AGREEMENT FOR'KAHULUI 96-ACRE CONSOLIDATION AND RESUBDIVISION SUB NO. 2004-0120 DECLARANT: GOMES FAMILY LIMITED PARTNERSHIP and MALIA OHANA II PARTNERSHIP PROPERTY: Proposed Consolidation of TMIC 7-5-017:30(a), 30(b), 30(c), 31 & 33 Being Portions of L.C. Aw 8516-B:3; Grants 983& 1869 And Resubdivision into Lots A, B, C, D & E KAHULUI 18T and 2nd, NORTH KONA, Island of Hawai'i, State of Hawai'i (SUB 2004-0120) , DECLARATION OF AGREEMENT FOR.KAHULUI 96-ACRE CONSOLIDATION AND RESUBDIVISION SUB NO. 2004-0120 THIS DECLARATION is made this026 day of Jr , 2004, by GOMES FAMILY LIMITED PARTNERSHIP, a Hawai'i limited partnership, whose Trustee is Stanley A. Gomes, whose mailing address is P. O. Box 356, Kailua-Kona, Hawaii 96745 and MALIA OHANA II PARTNERSHIP, a Hawaii limited partnership / whose general partner is Daniel B. Bolton, whose mailing address is P. O. Box 898, Kailua-Kona,Hawaii 96745, hereinafter collectively referred to as the"Declarant". WITNESSETH: WHEREAS, Declarant GOMES FAMILY LIMITED PARTNERSHIP is the fee simple Owner of those certain parcels of real property situated at TMK # (3) 7-5- 17:30(a), 30(b), & 30(c) District of North Kona, County and State of Hawaii, more l particularly shown together as Parcel 30 on Tax Map per Exhibit "A" attached hereto; and, MALIA OHANA II PARTNERSHIP is the fee simple Owner of those certain, parcels of real property situated at TMK # (3) 7-5-17:31, & 33, District of North Kona, County and State of Hawaii, more particularly described in Exhibit "B" attached hereto, hereinafter collectively referred to as the"Property";and WHEREAS, Declarant intends to undertake the consolidation and resubdivision and development of the"Property"; WHEREAS, in the event • a successful outcome of the consolidation and resubdivision, there will be creat eparate and distinct lots per the Consolidation and Resubdivision Map shown in Exhibit"C"hereto, and to be known as LOTS A,B, C,D, E and LOT I and together,the"Consolidated Property"; WHEREAS the County of Hawai'i stipulated that this Declaration be recorded as a condition for the Tentative Approval of this Consolidation and Resubdivision for the Consolidated Property; NOW, THEREFORE, Declarant hereby declares that for any future development and improvements of the Consolidated Property, the future lot owners of all Lots A, B, C, D and E shall agree to coordinate development of access, water system, sewer system, drainage improvements, and all utilities to service all lots in order to promote and accommodate each lots' optimal development. [Signature page follows] 1 TMK(3)7$.17:30,31&33 CC&:Rs • IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date and year first above written. GOMES FAMILY LIMITED PARTNERSHIP A Hawaii limited partnership S STANL ` A. •MES Its Tru. ee and MALIA OHANA II PARTNERSHIP A Hawaii limited partnership By DANIEL B. BOLTON Its General Partner 2 'FMK(3)7-5-17:30,31&33 CC&Rs 3 • oO5 ac" z I ' a - • (1 b d• , „p+C -d'eQ,- <,"' r " - i ,*--: \ \ S 9 `Qp ,444 ' <z� z r "o•rFo s «ohs b< __ -- <"" „�. ssY +c < \\ og cg s R,t i u --9,94,.oz .44• -• '�'r`' .04-••4;6:k c Mr-gNw 7 Ij „ .oag• <- tr`gr 6?�psi t;' IA t• .60 m Ap9°r F--u� p ag. aFg x E ��' ✓�F!p�°°zr �z r ,� O n _ h \ '..04%.,., Can �°n -x�9s,�• : err +~�* Q J o E {�+' ,1C F'S�00.i g� a !� .16.E ±��`�tF,'°°F' �s` ,f Y• \i 666 O • 6yt '!p F',o,�.,OSq!r N°J W '�' 'osr4,o` �r Sit 6. GL,. / X '67F'9 -rr9-n '�` . ...„r �'.. �^o , % W i o J N .rs�s z0■ '•'t 9°�5`� '°OS,t /�4 0\1\\-s t q�1fi26'74 O ' . .os2Qt� r.` zs �9:��tr� �‘ ��\ ^N rb M ,� +OFg491 `9n `5 \ tla - ui , U \i�g T o ,46. t .oF, t1N X, 98, < C\ 6 9s`sg ',! bf,�, \ { N 115 1 sgF! s , a a o0 4„.6.r'OF \ N , r,t, o�°4�gsr 1J .F o ai 1 �szzt "2,9—.00 Z \SO N U co Q ▪ F;6 '!9• f'90.p<St c., In\ r.. <V to M in p !<!ti 474-•• .0.....94,-.&' �� Ag M W�;, of , ",�r s z 134 8j` s q 9e' ^h �N ij. 3 Q �+�C \\' .6j+)S�1E: GOMES FAMILY LIMITED PARTNERSHIP P 0 8ox 354 Kailua Kono q6745 (808)326 '844 PAX(808) 33'•8120 April 8, 2004 Mr. Chistopher J.Yuen Director, Planning Department County of Hawaii 25 Aupuni Street Hilo,Hawaii 96720 Re: Determination of Three(3)Pre-Existing Lots of Record TMK: (3) 7-5-17:30 and old Grant 983 and Remnant Grant 983 Dear Mr.Yuen: Because of the different zoning,we find that our property on the attached map is three different parcels. The lower one(TMK 7-5-17:30)outlined in red(approximately 60 Acres)is zoned A-5a, and the two pieces shown above it on the map,outlined in blue,are a total of approximately 24 Acres of old Grant 983. But,because the two above are now disjoined and separated by distance, we believe we have three pre-existing lots and would like to have your office verify that they are three separate legal lots of record. If you or your staff requires any additional information,please call. Sincerely, GOMES FAMILY LIMITED PARTNERSHIP tanley A. Go -s Co-Trustee Enclosure: ap as stated. �R. 00 Z O 0 _ c en _ t lam• -+ail M 9 . lA an NI ' - v J �� , � nn r1'`w�<s 4 ro; �' ` cti Y a % t vTF V t k b ill m �� Al 41 pfi 4 N R 6rh CO Z~ GVC Q v�f00 4` Q RA'1 I 3 y� ,--•,:*� b ® of y `, i0 ,\..\ tt t k1 / 4. ' (:)11 -/ a4 °' .‘o frO t! 1 k 'q‘ iI \ th t k : ‘•■• t 0 ai c 1 4 r \t'll. --,..\ I. A gLe 4Y"0. ,$) 3 s O <ii\ 2E . .,o ..10, : .. .::°‘ ... .°.. °) 4147 Y , Harry Kim L+• � / Christopher J. Yuen •Mayor •� � ! - 4 yr_ _a Director •Si •S 4Tf'OFNPYS Roy R.Takemoto Deputy Director Cuuxr �r ut Paturrii PLANNING DEPARTMENT 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 June 24, 2004 • Stanley A. Gomes, Co-Trustee Gomes Family Limited Partnership PO Box 356 Kailua-Kona, HI 96745 Dear Mr. Gomes: DETERMINATION OF PRE-EXISTING LOTS TMK: 7-5-17:30 This is to acknowledge receipt of your letter of April 8, 2004, and documents regarding the subject matter. Please be advised that we have reviewed the documents submitted, our department records, as well as those of the Real Property Tax Division, and determined that the subject property consists of three(3) separate legal lots of record: 1) Portion of Parcel 30, Portion of L. C. Aw. 8516-B:3, consisting of approximately 84 acres; 2) Portion of Parcel 30, Portion of Grant 983, consisting of approximately 29 acres; and 3) Portion of Parcel 30, Portion of Grant 983, consisting of 0.8 acres. It is our understanding that, based on this information provided regarding pre-existing lots, you may be submitting an application for consolidation and resubdivision of the subject parcels which would result in the development of specific metes and bounds for the subdivided lots. If consolidation and resubdivision is not the intent, you may want to have a modern metes and bounds survey be conducted for a more accurate and current land area determination and that a map reflecting this information may be submitted for certification. A request for separate tax map key parcel numbers should be in writing to this department. Hawai`i County is an Equal Opportunity Provider and Employer j t '' Stanley A. Gomes, Co-Trustee Gomes Family Limited Partnership Page 2 June 24, 2004 Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, CHRISTOPHER J.YUEN Planning Director ETC:Inm P:1W P601PREX1Prec2004A7-5-17-30G0ME S.doc xc: Tax Maps and Records Supervisor Real Property Tax Division-Kona Manager-DWS Planning Dept-Kona Harry Kim K"�*' Christopher J.Yuen Mayor • - - Director • Roy R.Takemoto Deputy Director Cttrxtnfr �t£�ttYt PLANNING DEPARTMENT 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 November 18, 2004 Erik Lange, LS 74-5039D Queen Kaahumanu Highway Kailua-Kona, Hawaii 96740 Dear Mr. Lange: TENTATIVE APPROVAL SUBDIVIDERS: MALTA'OHANA II PARTNERSHIP/Gomes Family L.P. Proposed Consolidation of TMK: 7-5-17:30(a), 30(b), 30(c), 31 &33, Being Portions of L. C.Aw. 8516-B:3; Grants 983 & 1869 And Resubdivision into Lots A, B, C, D& E Kahului 1 &2, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:030, 031, &033 (SUB 2004-0120) Please be informed that Tentative Approval of the preliminary plat map dated July 20, 2004, is hereby granted with modifications and conditions. The subdividers are now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: Al Drainage a) Portions of the subdivision are located within Flood Zones AE and X(Shaded) according to the current Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). 1. Identify the Flood Zone AE and X(Shaded) boundaries and areas on the final plat. 2. Provide adequate drainage to reduce exposure to flood damage. Provide drainage facilities and easements as necessary. 3. Any improvements within the FEMA flood zone area will require a detailed flood study by a licensed civil engineer and compliance with Chapter 27, Flood Control, of the Hawaii County Code. Hawai`i County is an Equal Opportunity Provider and (406$32635 140V 1 9 2004 Erik Lange,LS Page 2 November 18, 2004 b) Identify any other watercourses and drainage ways that are not designated as Flood Zones AE ^,� and X(Shaded) on the FIRM, and encumber with drainage easements. 2'J Access and Roadway Improvements a) The access pole of Lot C should intersect Hualalai Road at a right angle or radial to the curve. b) ..Provide adequate sight distance for a safe ingress/egress on Hualalai Road from any access pole. c) Provide.a 10-ft.wide no vehicular access" planting screen easement along the Hawaii Belt Road frontages of Lot A and Lot B. d) Designate/establish access easement to Lot B from Hualalai Road. If access easements)to serve more than 2 lots, access easement shall have a minimum width of 50 feet and improved with a pavement width of at least 20 feet, and constructed in accordance with Department of Public Works Standard Detail R-39. e) No additional storm discharge shall be allowed onto the State's right-of-way. f); Guardrails for all lots (lower ones) that require protection from state highway traffic. /3)• Identify and designate the location of proposed water tank site and water transmission line easement. /4) Comply with National Pollutant Discharge Elimination System (NPDES) permit requirements for construction activities disturbing one or more acres of total land area. 5) Coordination to Promote Optimal Development a) A Declaration of Agreement shall be recorded for all lots within the subdivision that will require the coordinated development of access, water system, sewer system and drainage improvements servicing all lots in order to promote and accommodate its optimal development. The applicant shall execute this agreement for submittal to the Planning Director for approval and recordation. A check made out to the Bureau of Conveyances in the amount of$25.00 shall accompany the executed agreement. 6) Property Tax Certification. Submit written proof that all taxes and assessments on the property are / f paid to date. 7) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall / submit certification upon completion. 8) Final Plat Map. Submit ten(10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before November 18,2005. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. As part of final plat map submittal, the Planning Director requests an additional copy of the final plat map be submitted as a`; ".dwg" or".dxf' diskette file prepared by CAD software. 9) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three(3) years of said tentative approval, on or before November 18, 2007. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. e 0 Erik Lange,LS Page 3 November 18, 2004 Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision,pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincere! , r -~1..t,-.. ,- aw-7.,: r CHRISTOPHER J. Y N Planning Director ETC/DSA:lnm P:1 WP601SUBDIVMDocuments\Subc2004-4120040120MaliaOhanal ITA.doc Enc. - PPM (07-20-04) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer,DOT DPW-ENG-KONA Malia Ohana II Partnership Gomes Family L.P. • Harry Kim ; yµ� �r ti Christopher J.Yuen Mayor ' �? ,i,. . • - Director Roy R.Takemoto Deputy Director ellintt of Aniunii PLANNING DEPARTMENT 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 August 9, 2005 Erik Lange, L.S. 74-5039D Queen Kaahumanu Highway Kailua-Kona, HI 96740 Dear Mr. Lange: RETURN SUBDIVISION APPLICATION AND PRELIMINARY PLAT MAP SUBDIVIDER: NANI KONA AINA Subdivision of Lot A-1, Being Portion of Grant 983, Into Lots Al-A thru A-1G and Lot A-2 Kahului 1st and 2nd, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:031 We apologize that we are unable to process the above described application for the reason as detailed below. Therefore, we are returning to you nineteen (19) copies of the preliminary plat map dated June 20, 2006, and filing fee of$450.00 for the referenced application for 8 lots. The following items must be resolved prior to refilling of the subject subdivision application: 1. The subject property was created by Subdivision No. 7886 on December 2, 2004. As part of this approval, the applicant entered into an agreement that requires that future development of lots created by this prior subdivision, that includes the subject property, coordinate the development of its water system, sewer system, drainage improvements, and all utilities that will service these lots. To date, we have not been presented with anything that will demonstrate that such coordination of infrastructural improvements has taken place. Therefore, we are not sure how to best respond to the proposed subdivision that appears to be implementing ao roach to th nr Harty_ The proposed subdivision should be accompanies By a iscussion o ow in rastructura improvements within this and adjoining Parcels 40 thru 43 will be coordinated and developed in accordance with the agreement. Please contact this office if you should require a copy of this agreement. Hawaii County is an Equal Opportunity Provider and Employer Erik Lange, L.S. Page 2 August 9,2005 2. The preliminary plat map should not be split into two separate phases when the ultimate outcome is simply the subdivision of this bulk 36+-acre lot into 8 separate parcels. It's a single action as far as we are concerned and the preliminary plat maps should reflect such a single action. 3. The preliminary plat maps are dated June 20, 2006. 4. Preliminary plat maps should clearly delineate the zone district boundaries, in this case, that area zoned A-1 a and A-5a. 5. Some of the smaller lots shown (proposed Lots Al-D thru Al-F) appear to have land areas that are inclusive of the access easement. The minimum lot size of one (1) acre for each proposed lot must be maintained exclusive of the land area within the access easement. 6. Please confirm that each proposed lot zoned A-1 a maintains a minimum building site average width of 120 feet. Should you have any questions, please feel free to contact Ed Cheplic or Daryn Arai of this Department. Sincerely, CHRISTOPHER J.Y,I Planning Director DSA:Inm P:1 WP601 SUBDIV\Documents\Subc2005.3\7-5-17-31 NaniKonaAinaRETPPM.doc Encs. - 6 copies of transmittal letter Original &5 copies of Subdivision Application form 19 PPM (10-Phase I &9-Phase II) Check No. 8904 ($450) xc: Nani Kona Aina SUB 7886 4oJ?<Y CF..... ,w Harry Kim :' ,N ��► Christopher J.Yuen Mayor • -- --�' • --- -- - Director S••. N�•MuN►��l'1 i•.... •r4jE OF Roy R.Takemoto Deputy Director &amt. of Annriii PLANNING DEPARTMENT • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043 October 17, 2005 (808)961-8288 • Fax(808)961-8742 Erik Lange, L.S. 74-5039D Queen Kaahumanu Highway Kailua-Kona, HI 96740 Dear Mr. Lange: PRELIMINARY PLAT MAP AND DEFER ACTION SUBDIVIDERS: NANI KONA AINA/Kona Coffee&Tea Co., et al. Proposed Subdivision of Lot A, Being portions of Grant 983& Portion of Grant 1868, Into Lots Al &A2 Kahului 1st&2nd, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:031 (SUB-05-0001691 This is to acknowledge receipt of ten (10)copies of the preliminary plat map dated September 2, 2005, and filing fee of$300.00 for the referenced application for 2 lots. By a copy of this letter, we are forwarding the application and preliminary plat map to the listed officers for their review and comments. Please be advised that we are deferring action on the referenced application until all listed officers'comments are received. In the meantime, we ask that Heather Lange, who is indicated as an owner of the subject property, also provide this office with proper written authorization to proceed with this application. Finally, we realize that this proposed subdivision action is a bulk lot subdivision, but for the sake of the reviewing agencies and as a reminder to the applicants, the subject property was created by Subdivision No. 7886 on December 2, 2004. As part of this approval, the subdividers entered into an agreement that requires that future development of lots created by this prior subdivision, that includes the subject property, coordinate the development of its water system, sewer system, drainage improvements, and all utilities that will service these lots. We will be mindful of this agreement as we assess this proposed bulk lot subdivision. Hawai`i County is an Equal Opportunity Provider and Employer 1 •'41 Erik Lange, L.S. Page 2 October 17, 2005 Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, XCHRISTOPHER J. YUEN (/Planning Director OSA:Inm P:\WP601SUBDMDocumentsiSubc2005-4\SUB-05-000169NaniKonaAinaKonaCoffeePPMDEF.doc xc: Manager, DWS w/application &PPM Director, DPW w/application & PPM District Environmental Health Program Chief, DOH w/application & PPM District Engineer, DOT w/application &PPM DPW-ENG-KONA w/application & PPM Director, DEM w/application &PPM NANI KONA AINA/Kona Coffee &Tea Co., et al.w/Receipt#1611 SUB 7886; TMK File 7-5-17:31 9 -- - t '4•'� •c�1y6 Harry Kim . .; �'�,; Christopher J.Yuen Mayor _r_„ Director ";•�+!���'', Brad Kurokawa,ASLA • OF LEED®AP Deputy Director (1Iixnxxt1 of Ha€ttatt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo,Hawaii 96720-3043 (808)961-8288 • FAX(808)961-8742 July 24, 2006 Erik Lange, L.S. 74-5039D Queen Kaahumanu Highway Kailua-Kona, HI 96740 Dear Mr. Lange: TENTATIVE APPROVAL SUBDIVIDERS: NANI KONA AINA/Kona Coffee&Tea Co., et al. "Kona Coffee Plantation and Mill Subdivision" Proposed Subdivision of Lot A, Being Portion of Grant 983; Portion of R.P. 1669, L.C.Aw. 8516-B,Ap. 3; And Portion of Grant 1868, Into Lots Al &A2 Kahului 1st&2nd, North Kona, Island of Hawaii, Hawaii TMK: 7-5-017:031 (SUB-05-000169) Please be informed that Tentative Approval of the revised preliminary plat map dated March 7, 2006, is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted,the following conditions must be met: 1) Water System a) According to a Department of Water Supply memorandum dated November 8, 2005, water service is available to each of the proposed lots. Therefore, further improvements will not be required. 2) Drainage a) Portions of the proposed subdivision are located within Flood Zones AE and X(Shaded) according to the current Flood Insurance Rate Map(FIRM). b) Identify the Flood Zones AE and X(Shaded) boundaries and areas on the final plat map. c) Any improvements within the flood zone area will require a detailed flood study by a licensed civil engineer and compliance with Chapter 27, Flood Control of the Hawaii County Code. Hawaii County is an Equal Opportunity Provider and Employer. • • Erik Lange,L.S. 74-5039D Queen Kaahumanu Highway Page 2 July 24, 2006 d) Identify any other watercourses and drainage ways that are not designated as Flood Zones AE and X(Shaded) on the FIRM and encumber with drainage easements. e) Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH) drywell requirements, including issuance of an underground injection control (UIC) permit to the subdivider. 3) Access and Roadway Improvements a) Provide adequate sight distance for safe ingress and egress on Hualalai Road. b) Provide a future road widening easement along the entire Hualalai Road frontage of both Lots Al and A2 at a width that is half the difference between the existing Hualalai Road right-of-way width and 60 feet, the standard width for a collector road. 4) The subject property was created by Subdivision No. 7886 on December 2, 2004. As part of this approval,the subdividers entered into an agreement that requires that future development of lots created by this prior subdivision, that includes the subject property, coordinate the development of its water system, sewer system, drainage improvements, and all utilities that will service these lots. 5) Special Permit No. 1047, approved on February 4, 2000, allowed for the establishment of a coffee visitor center, spa, museum, general store and other activities on Lot A2. Access to this proposed facility will be taken directly from Hualalai Road. Conditions of approval of SPP 1047 require the applicant to provide improvements to the intersection of Queen Kaahumanu Highway and Hualalai Road unless prohibited by the State Department of Transportation. Additional improvements to Hualalai Road may be required by the Department of Public Works. 6) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 7) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 8) Final Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before July 20, 2007. If not, tentative approval to the preliminary plat map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty-five (45)days before the expiration of said period of one year. As part of final plat map submittal,the Planning Director requests an additional copy of the final plat map be submitted as a ".dwg"or".dxf' diskette file prepared by CAD software. 9) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the preliminary plat map within three (3) years of said tentative approval, on or before July 20, 2009. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this could be sufficient cause to immediately 1 „ : 0 0 R Erik Lange, L.S. 74-5039D Queen Kaahumanu Highway Page 3 July 24, 2006 cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. There has been considerable legal controversy over subdivisions in the agricultural district,including the recent Kelly, et.al. v. 1250 Oceanside Partners,et.al., Civil No. 00-1-0192K. Because of the state of the law at this time, we recommend that subdividers in the State Land Use Agricultural district consult with, and rely on, independent legal counsel in deciding whether their subdivisions comply with the requirements of Chapter 205, Hawaii Revised Statutes. We also recommend that you advise lot purchasers to consult with, and to rely on, independent legal counsel regarding permissible uses and the effect of Land Use Commission Rule 15-15-25(b), Hawaii Revised Statutes Section 205-4.5, and Hawaii County Planning Department Rule No.13, on the requirements to build and occupy dwellings on lots within the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this department. (7e,l. Sincer ,:,____(.1,771/ CHRISTOPHER J. YU Planning Director DSA:mad P:1WP601SU BDIV\Documents\Subc2006-31SUB-05-000169NaniKonaAinaKonaCoffeeTA.doc Enc. - PPM (03-7-06) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Director, DEM DPW-ENG-KONA Nan!Kona Aina/Kona Coffee &Tea Co., et al. Stf Bk7$86;TMK File 7-5-17:31 r _ William P.Kenoi = o�`yqs k ,'. Bobby Jean Leithead Todd Mayor ,.*.�`.. }', Planning Director _ " Margaret K.Masunaga iy•• ew•r.�= Deputy Planning Director rt o.. County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 February 8, 2011 Ken Bray, LSIT Bolton, Inc. PO Box 898 Kailua-Kona, HI 96745 Dear Mr. Bray: REVISED TENTATIVE APPROVAL • SUBDIVIDERS: KONA COFFEE&TEA COMPANY INC., et al. "Kona Coffee Plantation&Mill Subdivision Phase II" Proposed Consolidation of Lots Al &A2, And Resubdivision Into Lots 1 through 8, Inclusive, Kahului 1st&2nd, North Kona, Island of Hawaii, Hawai'i TMK: 7-5-017:031 &044 (SUB-08-000741) Please be informed that Revised Tentative Approval of the second revised preliminary plat map dated November 25,2009, is hereby granted with modifications and conditions. The subdividers are now authorized to prepare detailed drawings of the subdivision plan in accordance with Chapter 23, Subdivision Control Code, County of Hawai'i, as modified. Before final approval can be granted, the following conditions must be met: 1) Water System a) The water system serving this area is privately owned and maintained. Therefore, pursuant to Section 23-84 of the Subdivision Code, the following requirements must be satisfied before final subdivision approval is issued. Hawaii County is an Equal Opportunity Provider and Employer FEB 1 0 2011 • • Ken Bray, LSIT Bolton, Inc. Page 2 February 8, 2011 b) Confirm in writing to the Department of Water Supply(DWS)that all proposed lots are within the pressure service limit of the existing private water system facility in accordance with DWS's Rules and Regulations. c) Provide a water system meeting with the approval of the DWS. d) Submit water system construction plans for approval by affected agencies. e) Pay installation and facilities charges as required by the DWS. 2) Drainage a) Identify Flood Zone AE boundaries and base flood elevations on the final plat map. Identify any other watercourses and drainage ways,which are not designated as Flood Zone AE, and encumber with drainage easements. b) Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH)drywell requirements, including issuance of an underground injection control (U IC) permit to the subdividers. c) Construction may occur within Flood Zone AE and would alter its boundaries and base flood elevations. i) If applicable, obtain FEMA Conditional Letter of Map Revision (CLOMR) prior to construction plan approval. ii) If applicable, upon completion of construction, obtain FEMA Letter of Map Revision (LOMR) as a condition of final subdivision approval. iii) Obtain a National Pollutant Discharge Elimination System (NPDES) permit or a DOH Letter of Determination. 3) Access and Roadway Improvements a) For Lots 2, 3,4,5, &6, provide a 10-ft.wide"no vehicular access"planting screen easement adjacent to the existing future road widening setback(as applicable;width varies)along the entire Hualalai Road frontage exclusive of the 18-ft Access Easements within Lots 3&5 and Access and Utility Easement"Al"that is within Lots 4 and 6. b) For Lots 1 &2, provide a 60-ft.wide by 50-ft. deep common access easement within the"Proposed Future 60' Roadway." The"no vehicular access"planting screen easement shall be terminated at the easterly side of said future roadway. c) For Lots 7&8, provide a common access easement within the flag pole of Lot 8. d) For common accesses to Lots 1 &2, 3&5 and 7&8,construct minimum 12-ft.wide nondedicable pavement conforming to Department of Public Works (DPW) Standard Detail R-39. The pavement within the easements shall intersect Hualalai Road at right angles or radials. e) For access to Lots 4&6 and per"Declaration of Agreement" associated with previous subdivision (SUB 7886), provide a minimum 20-ft. wide agricultural pavement within Easement A-1 to also provide access to flag poles of Lots B &C (Parcels 040&041)of said previous subdivision. The pavement within the easement shall intersect Hualalai Road at a right angle or radial. • Ken Bray, LSIT Bolton, Inc. Page 3 February 8, 2011 f) Install streetlights/signs/pavement markings as required by the Traffic Division, DPW. g) Provide adequate sight distance for safe ingress and egress onto Hualalai Road for all lots. h) Submit construction plans and drainage report for review and comment. 4) All easements affecting proposed lots shall be identified for its purpose and to which proposed lot(s) and/or grantee(s)the easement is in favor of. This shall be shown on the final plat map. 5) Wastewater Improvements. Indicate all existing wastewater systems on the final plat map. All future wastewater systems shall meet with the approval of the DOH. The Kona Community Development Plan includes this area as being within one-mile of the shoreline. As such, when the necessary infrastructure is established, these lots are to be connected to the municipal sewer system. 6) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 7) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 8) Final Plat Map. Submit ten (10)copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of revised tentative approval, on or before February 8, 2012. If not, revised tentative approval to the second revised preliminary plat map shall be deemed null and void. Only upon written request from the subdividers and for good cause, the director may grant to the subdividers an extension of time within which the subdividers may file the final plat. As part of final plat map submittal,the director request an additional copy of the final plat map be submitted as a".dwg"or".dxf"diskette file prepared by CAD software. 9) Time Limit. Subdividers shall complete all requirements specified as conditions for revised tentative approval of the second revised preliminary plat map within three (3)years of said revised tentative approval, on or before February 8,2014. An extension of not more than two(2)years may be granted by the director upon timely request of the subdividers. Please be aware that if at any time during the fulfillment of the foregoing conditions,should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date,this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision is granted by the Planning Director or the proposed subdivision has been issued a preliminary order of registration by the Department of Commerce and Consumer Affairs (DCCA) in accordance with the requirements of Chapter 484, Hawai'i Revised Statutes (HRS). S • Ken Bray, LSIT Bolton, Inc. Page 4 February 8, 2011 There has been considerable legal controversy over subdivisions in the agricultural district, including the recent Kelly, et.al. v. 1250 Oceanside Partners, et.al., Civil No. 00-1-0192K. Because of the state of the law at this time,we recommend that subdividers in the State Land Use Agricultural district consult with, and rely on, independent legal counsel in deciding whether their subdivisions comply with the requirements of Chapter 205, HRS. We also recommend that you advise lot purchasers to consult with, and to rely on, independent legal counsel regarding permissible uses and the effect of Land Use Commission Rule 15-15-25(b), HRS Section 205-4.5, and Hawai'i County Planning Department Rule No. 13,on the requirements to build and occupy dwellings on lots within the subdivision. Should you have any questions, please feel free to contact Jonathan Holmes of this department. Sincerely, tti j-(6/ BJ LEITHEAD TODD Planning Director JRH:Inm P:1Admin Permits DivisionlSubdivision12011 1SUBc2011-11 SUB-08-000741KonaCoffee&TeaPlantationMillPh2REVTA.doc Enc.: Second Revised PPM (11-25-09) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH DPW-ENG-KONA Kona Coffee&Tea Company Inc. Kevin McMillen, LPLS, KKM Surveys /SUB 7886 , 4 R-714 STATE OF HAWAII .� y� BUREAU OF CONVEYANCES RECORDED ,+ ,''_A ," ,., . DEC 15,2004 08:01 AM 1 4` ' Doc No(s)2004-252858 ' 111111111111111111111 REGISTRAR OF CONVEYANCES 20 818 Yg CONVEYANCE TAX: $1200.00 LAND COURT REGULAR SYSTEM Return.By Mail i2:Pick-Up Q To: j HUALALAI PARTNERS OF KONA,LLC TITLE NO.: 'a'I0O`I >31� J`� P.0.Box 9013 ESCROW NO.: A4-301-0662 Kailna-Kona,ID 96745-90/3 JANET LUM WON (`,(e%J TOTAL NUMBER OF PAGES: \9 i TITLE OF DOCUMENT: 1 WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR: GOMES FAMILY LIMITED PARTNERSHIP,a Hawaii limited partnership,whose mailing address is P.O.Box 356,Kailua-Kona,III 96745-0356 and BRIAN R.COOK DEVELOPMENT,INC.,a Hawaii corporation,whose mailing address is 75-5608 Hienaloli Road,#25,Kailna- Kona,HE 96740 • GRANTEE: HUALALAI PARTNERS OF KONA,LLC,a Hawaii limited liability company,whose mailing address is P.O.Box 9013,Kailua-Kona,HI 96745-9013 TAX MAP KEYS(3)7-5-017-030,031 and 033 (por.) 4851-5707-8272/K1934713i12-7-04 LOT S Taw...—.........._.�— WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That GOMES FAMILY LIMITED PARTNERSHIP, a Hawaii limited / partnership, whose mailing address is P. O. Box 356, Kailna-Kona, HI 96745-0356 and BRIAN R COOK DEVELOPMENT,INC.,a Hawaii corporation,whose mailing address is 75-5608 Hienaloli Road, #25, KaiIna-Kona, HI 96740, 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 HUALALAI PARTNERS OF KONA, LLC, a l Hawaii limited liability company,whose mailing address is P.O.Box 9013,Kailna Kona,HI 96745-9013, hereinafter called the "Grantee", the receipt whereof is hereby acknowledged, do hereby grant,bargain,sell and convey unto the Grantee a portion of all of those certain parcels of real property designated on the tax maps of the Third Taxation Division, State of Hawaii,as Tax Map Keys 7-5-017-030, 031 and 033 (por,), and being all of LOT E, 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, as its sole and separate property,its successors 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 2 • not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. 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, limited liability companies 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 ch%i1 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 _)-day of Qom,, ,2004. i . GOMES FAMILY LIMITED PARTNERSHIP, a Hawaii limited partnership STANLEY : . GOMES,Co-Trustee of the Josep i t es Trust dated May 16, 1991 Its: General Partner By GOMES, Trustee of the Joseph Gomes Trust dated May 16, 1991 Its: General Partner 3 ` TOGETHER WITH AND SUBJECT,HOWEVER TO: I. An unlocated ten foot wide easement,together with the right of reasonable access Thereto, in favor or for the benefit of Lots A. D and E for the placement, maintenance and connection to wastewater lines over and across Lots B and C, which easement, if not utilized by any one or more of the adjoining Lots,shall be extinguished of its own accord as to any such Lot not vttiliring the easement ten (10) years from the date of the conveyance document conveying this easement to the benefited lots. 2. Agreement by and between JKS PARTNERS, L.P., BRIAN R. COOK DEVELOPMENT, INC., a Hawaii corporation, HU-KO-PA LLC, a Hawaii limited liability company, WAIAHA. SYSTEM, LLC, a Hawaii limited liability company, THE KONA COFFEE & TEA COMPANY, LLC, and HUALALAI PARTNERS OF KONA, LLC,a Hawaii limited liability company,including but not limited to: a. That the owners of Lots A,B, C,D and E, shall coordinate and cooperate in the optimal development of access, water system, sewer system, drainage improvements and all utilities to service all of Lots A,B,C,D and E;and b. As to wastewater lines traversing Lots B and C, the owners of each of the Lots utilizing wastewater lines over and across Lots B and C shall contribute an amount equal to their prorate share of the costs of the development of the wastewater lines across Lots B and C, such contribution shall be determined by the each lot owners final lot count developed with their Lot as the numerator divided by the total number of subdivided Lots developed,or to be developed,on all five Lots(A-E),as the denominator. ALSO SUBJECT,HOWEVER TO: 1. The t-rms and provisions,including the failure to comply with any covenants,conditions and reservations,contained in the following: INSTRUMENT: DECLARATION OF AGREEMENT FOR KAHULUI 96-ACRE CONSOLIDATION AND RESUBDIVISION SUB. NO. 2004-0120 DATED: November 20,2►• RECORDED: Document No. , c 614 —)46 y(o 4 EXHIBIT"A" Page 12 of 12 I .` PtkRT° ENT 4 II September 19,2013 !: 46 Leeward Planning Commission County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy Kailua Kona,HI 96740 Re:State Land Use Boundary Amendment(SLU 13.000038),Change of Zone Application(REZ 13- (300164),Request:A-5a to RS-15 Dear Leeward Planning Commissioners, We are writing to express our strong opposition to the above referenced Zoning Change application and request for a change from Agricultural A-5a to a high density RS-15. Approving this project would be inappropriate,nonconforming,detrimental and would have many negative impacts to traffic, schools,basic infrastructure and lifestyle of existing residents. We would like to cite some of the reasons you should NOT approve this application as it is presented. For a little perspective and history,please know that this property and 3 others that step down the hill to the highway were purchased within a few days of each other(approximately 10 years ago)and the parties have been coordinating their planning together ever since. Rather than being handled as a 60 acre subdivision proposal,each owner decided to submit a proposal just under 15 acres in order to avoid a more comprehensive and appropriate evaluation of the property,thus avoiding more involved environmental review,public process and fees that would enhance park,opens pace and other public benefit needs. Unfortunately,one lot was able to"slip under the radar"(Lot 42)and get an approval for RS10. Now,the other lots are hoping they can slide under the radar as well. One unfortunate rezoning approval should not set the precedent for others to follow. The staff report on this project was woefully inadequate in how it met the guidelines of"community impact"and did not even reference the bordering subdivisions but rather referenced Pualani Estates (a high density subdivision R7.5-R10)as a comparison. The property under consideration today (lot43,Barrett)is bordered above by Kona Orchards,Hualalai Colony,and other neighborhoods wherein the lots are minimum 31 acre and in many cases much larger. Likewise,it is less than truthful to use Pualani Estates as a model when the long existing homes and communities have been overlooked as the norm.(Please see attached photo sheet to illustrate this point) The report also did not delve into the numerous impacts that this project would cause,including traffic issues, infrastructure needs,schools,and many other items that have been brought up in past hearings. We are not against well planned development and housing communities on the slopes of Hualalai. We just feel that such developments should reflect the best of what the landscape has to offer. Homes should be blended into the physical environment and landscape,rather than staged so dose and with such small lots resembling a concrete complex with minimal landscape and yard. Kona 1 a 1st 0 37701 appeals to its inhabitants and visitors because it still maintains its physical beauty ty and a large component of open space and charm. Wouldn't it be more appropriate for a new housing development to reflect Kona's picture of itself and its history? If high density structures built in such a mainland suburban style continue to get approved,will the slopes of Hualalai look and feel like Hawaii anymore? Is this what we want for the future? Kona deserves better! People buying a home here deserve better! Don't people want room for a mango tree,a place for the kids to play and room for a pet In their yard? And don't they deserve a little privacy to in their own"nest"or are these amenities going to become a remnant of Hawaii's past? We propose that if this development is approved,that the lot size be consistent with the bordering and long established communities that surround it(with a minimum of YS acre lot or larger). We would also encourage the developer to be required to contribute to fees that provide community benefit such as open space,trails or other amenities for the residents of the area to enjoy. We rely on our public officials to represent us in good faith and to listen to the voices of the people who live in the immediate vicinity of the proposed development,those whose daily lives will be dramatically influenced by your decision. We are hoping that you live up to this public trust by honoring the many voices represented at the meeting on September 26th,rather than the pursuits of a developer who's focus is profit margin and who does not live in the community,and who will not, therefore,deal with the repercussions of his proposal. Thank you for the opportunity to present our side. • Sincerely, Steve Fiala and Gail Boucher 75-673 Hua-al St.,Kailua Kona,H1 96740 2 �� \ Syr Y��a 2' „g Nowa ;a y5tz . Typical back yard for a home in Palani Estates 1 fi 7 701 r Palani Estates lower part of photo Kona Orchard and other neighborhoods above Area to be developed a f y d, a I 1 / ' p, Typical 1/2 acre lot in Kona Orchard Various homes in Kona Orchards with ample living ■ space and yard ... r=. x . 3 p ♦ t i n This is not what the people of Kona want their community to look likel 2 Ciuf.tlUl " HAWAII KONA TRAFFIC SAFETY COMMITTEE X13 � � 13 �� TESTIMONY TO LEEWARD PLANNING COMMISSIO 8: q2 Re: Hualali Partners of Kona, LLC Applications for Boundary Amendment and Change of Zone TMK: 7-5-17:43 September 26, 2013 Aloha and good morning. I'm Joel Gimpel, Public Relations Chair for the Kona Traffic Safety Committee. As I noted at your July meeting, we reviewed these applications, first filed in 2010, and again in 2011, and we found that the several serious concerns and questions raised in the past have not been satisfactorily addressed. We still have the following concerns: (1) Primary access would be located on Hualalai Road, a narrow, winding two-lane roadway not designed to accommodate either large, commercial vehicles necessary for housing construction, or a significant volume of automobile traffic. The primary project access is a blind intersection, and is therefore unsafe. We also note that the Hualalai Road/Hwy 11 intersection, which would have to accommodate southbound left turns from Hwy 11, is not signalized, and that the right turn access lane from Hualalai Road to Hwy 11 is practically non-existent. There are, therefore, serious safety concerns. 2) Secondary access, according to the application, would be through a residential street in Parcel 42 and Paulehia Street, a residential street in Pualani Estates. In addition to the more than 80 homes projected for parcels 43 and 42, there are more than 40 homes in Pualani Estates that use Paulehia St. to access Puapuaanui St. and its intersection with Hwy 11. Because that intersection is signalized, and Hualalai Rd. is narrow and winding, we expect that most of the traffic from parcels 43, 42 and Pualani Estates intending to head northbound on Hwy 11, will use the Paulehia/Puapuaanui route rather than Hualalai Road. Indeed, the applicant's traffic report forecasts that 80% of the traffic from Parcels 42 and 43 will use the secondary access through Paulehia St. This, of course, raises additional safety concerns because of the many driveways on Paulehia St. U87520 2 3) As the Applicant acknowledges, it is related to Hu-Ko-Pa LLC, the owner of the adjacent property, TMK(3) 7-017:42, immediately makai of the subject property. We believe it's apparent that the applicant is seeking to avoid applying to the State Land Use Commission for a land use boundary amendment, which requirement is triggered when the property exceeds 15 acres. This subterfuge should not be rewarded. 4) We note that the applicant's assertion that there are no water conveyance systems such as culverts, etc., present in or near the Project (see Application Section 2.2.6 on p. 12), is in error. There is a drainage culvert at the southeast corner of the property, and the culvert borders the south side of the adjacent property, (Parcel 42), owned by Hu-Ko-Pa LLC. 5) Finally, we are also dismayed with the applicant's assertion at the July 18 meeting in response to a question regarding the availability of schoolrooms in the area, that families with school-age children won't be able to afford $800,000 homes. If the applicant doesn't anticipate selling homes to people with children, why not build smaller, one or two-bedroom homes? Mahalo for your attention and careful consideration of these concerns and those addressed by other testifiers. I'll be happy to answer any questions. 2 a 7// 7 /13 4-70C-- • NAPPING 11EF's,ri”ENt wi/ CARLSMITH BALL LLP A LIMIED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE 2113 J111. 1� 12: � P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WWW.CARLSMITH.COM SLIM@ CARLSMITH.COM July 15, 2013 VIA HAND DELIVERY Duane Kanuha, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Re: Applicant: Hualalai Partners of Kona,LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5-017:043 Dear Mr. Kanuha: Your staff has forwarded comments from various agencies on the subject Applications. Transmitted herewith are copies of our response letters to the following agencies: • State Department of Health - Environmental Health Program and Clean Water Branch offices • DLNR- Land Division • DLNR-Land Division, Hawaii District • DLNR- Engineering Division • DLNR - State Historic Preservation Division • Department of Water Supply • Department of Public Works • Office of Housing and Community Development Sincerely, SCANNED 0- Steven S C. Li SSL/rma cc: Client 4819-4521-2692.1 HONOLULU • HILO • KONA • MAUI • GUAM • LOS ANGELES , 0 z* CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WWW.CARLSMITH.COM SLIMtsCARLSMITH.COM July 15,2013 Newton Inouye District Environmental Health Program Chief State of Hawaii Department of Health Post Office Box 916 Hilo, Hawaii 96721-0916 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application(REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5-017:043 Dear Mr. Inouye: We have received your memorandum to the Planning Director dated May 29, 2013 commenting on the subject Applications. The following responds to your comments. Environmental Health Program We acknowledge that the Wastewater Branch supports the sewer requirements required by the County for the proposed project, and agree that the project site is located within or near proximity to the County sewer system and all wastewater generated shall be disposed into the County sewer system. Clean Water Branch We also acknowledge receipt of the State DOH Clean Water Branch comments contained within your memorandum of May 29, 2013. The Applicant will comply with all regulations related to any discharges resulting from the Project construction or operation activities. Sincerely, i v Steven .0 SSL/rma ,i `) t j cc: Client 4829-5062-8628.1 HONOLULU HILO KONA • MAUI GUAM • LOS ANGELES CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMITH.COM SLIM@ CARLSMITH.COM July 15, 2013 Stephen J. Arnett Housing Administrator County of Hawaii Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawaii 96720 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5=0 017:043 Dear Mr. Arnett: We have received your memorandum to the Planning Director dated May 16, 2013 commenting on the subject Applications. We acknowledge that the Applicant shall comply with the requirements of Hawaii County Code, Chapter 11, Housing. Sincerely, Steven SSL/rma cc: Client HONOLULU • HIIA • KONA MAUI • GUAM LOS ANGELES . . CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMITH.COM SLIMCwCARLSMITH.COM July 15, 2013 Russell Y. Tsuji Land Administrator State of Hawaii Department of Land and Natural Resources Land Division Post Office Box 621 Honolulu, Hawaii 96809 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-l5 Tax Map Key: (3) 7-5=017:043 Dear Mr. Tsuji: We have received your memorandum dated June 4, 2013 to the Planning Department transmitting comments received from the DLNR's Engineering Division and Hawaii District Land Office. Attached for your files are copies of our responses to the respective agencies. Sincerely, Steve im SSL/rma cc: Client 4838-4709-5572.1 36Je11. HONOLULU • Hno • KONA • MAW GUAM • LOS ANGEL FS a ?a CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HI LO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMITH.COM SLIM(CARISMITH.COM July 15, 2013 Quirino Antonio Jr., P.E. Manager- Chief Engineer County of Hawaii Department of Water Supply 345 Kekuanaoa Street, Suite 20 Hilo, Hawaii 96720 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application(REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5-017:043 Dear Mr. Antonio: We have received your memorandum to the Planning Director dated June 20, 2013 commenting on the subject Applications. The following responds to your comments. We acknowledge that the Applicant is a member of the Waiaha System, LLC, which has executed a Water Development Agreement with the DWS Water Board in order to secure water commitments for the development of various properties within the Department's North Kona Water System. Furthermore, we acknowledge the DWS' confirmation of a water commitment currently in effect for the proposed 43- lot development. Prior to final subdivision approval, the Applicant shall construct the necessary water improvements and submit construction plans prepared by a professional engineer licensed in the State of Hawaii, meeting with the DWS approval. Additionally, prior to water meter services being granted to the development, the Applicant shall submit the appropriate conveyance documents to convey the subdivision water system improvements and necessary easements to the Water Board. The Applicant agrees to execute an Irrigation Agreement for any irrigation meter(s) installed within the Project, if necessary. Sincerely, Steve Lim SSL/rma cc: Client ` 004 :' t 4818-0184-8084.1 HONOLULU HII0 • KONA MAUI • GUAM Los ANGELES CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WW W.CARLSMJTH.COM SLIME CARLSMITH.COM July 15, 2013 Ben Ishii Division Chief County of Hawaii Department of Public Works Engineering Division 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3)7-5-017:043 Dear Mr. Ishii: We have received your memorandum to the Planning Director dated June 3, 2013 commenting on the subject Applications. The following responds to your comments. Drainage 1. We acknowledge DPW's concern for the disposal of generated runoff from the development and DPW's request to dispose all development runoff on-site and away from any adjacent properties. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. The Applicant will prepare a final drainage study prior to issuance of any construction permit and the recommended drainage system shall be constructed meeting with the approval of DPW prior to final construction approval. However, during the processing of the construction plans,the Applicant will prepare a final drainage plan. 2. We acknowledge DPW's concern for offsite stormwater runoff crossing Hualalai Road into the subject parcel. Based on the FIRM map, the Project is located outside of any flood zone areas. The Applicant will prepare a final drainage study to address offsite stormwater runoff and the proposed development plans shall be prepared in accordance with DPW's requirements and, if necessary, the Applicant will comply with any applicable flood requirements. HONOLULU • HILO • KONA • MAUI • GUAM • LOS ANGELES 1 (' J July 15, 201 ` 3 Page 2 3. Should the Applicant include drywells within the subject development,the Applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health and apply for an NPDES permit for certain construction activity. Roadways 1 and 2. Future roadway connectivity to the adjacent west/makai Parcel 42, Hualalai Road both to the north and mauka, and the undeveloped Parcel 22 to the south will be provided via roadway stubouts planned within the Project, which are being designed in consultation with the DPW. Consistent with the Kona Community Development Plan regarding interconnectivity,the Project may include a north-south connector road between the Project's primary access at the Project's west/makai boundary via Paulehia Street to Hualalai Road. The Applicant intends to submit a Planned Unit Development("PUD")application to vary from the Hawaii County Subdivision Code requirements for the internal roadways, curbs, gutters and sidewalks which may be constructed to non-dedicable standards. If the dedication of the main north-south road to the County is seen as important, the north-south road including all connecting roadways will be developed to dedicable standards given the PUD road standards. 3. and 4. The Applicant acknowledges your concern regarding Hualalai Road being a substandard County road based on width (18 to 20 feet within a variable right-of- way), alignment, roadside hazard clearances, and lack of adequate site distance towards Hualalai Road from the Project's secondary access. As stated in the Traffic Impact Analysis Report, primary access to the Project lots will be from the Project's west/makai boundary from Parcel 43 via Paulehia Street to the south which will connect from the signalized intersection at Queen Kaahumanu Highway and Puapuaanui Street in the Pualani Estates Subdivision. There is no vehicular access to any individual lot from Hualalai Road. 5, 6 and 7. Improvements to Hualalai Road, including the addition of the 5-foot wide future road widening setback easement and, if necessary,the dedication of any resultant additional right-of-way to the County between the existing right-of-way boundary and the realigned right-of-way, shall be limited only to the area fronting the Project area within Parcel 43, meeting with the DPW's approval. All improvements to Hualalai Road required by DPW shall be constructed at no cost to the County prior to final subdivision construction approval. 8. The Applicant shall provide any necessary easements for installation of any utility poles in a County or dedicable right-of-way. 9. DPW may provide additional comments on the proposed street cross-sections and landscaping shown in Exhibit 1 during the PUD permit processing of the Project. Sincerely, Steven .C. im SSL/rma cc: Client 4841-3597-8260 1 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMTTH.COM S L.IMCA RLS M I TH.COM July 15, 2013 Carty S. Chang Chief Engineer State of Hawaii Department of Land and Natural Resources Engineering Division Post Office Box 621 Honolulu, Hawaii 96809 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5-017:043 Dear Mr. Chang: We have received your memorandum transmitted to DLNR Land Administrator Russell Tsuji dated May 16, 2013 commenting on the subject Applications. The following responds to your comments. We agree that the Project site, according to the Flood Insurance Rate map, is located in Zone X. Furthermore, the National Flood Insurance Rate Program does not have any restrictions for the proposed development within the Zone X. Sincerely, Steven S. . Li . SSL/rma cc: Client 4837-4453-1732.1 HONOLULU • 1-111.0 • KON:\ • MAUI • GUAM LOS ANGELES • CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUE.NUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSM1TH.COM SL1MQ'CARI SMITH.COM July 15, 2013 Michael Vitousek Lead Archaeologist Hawaii Island Section State of Hawaii Department of Land and Natural Resources State Historic Preservation Division 601 Kamokila Boulevard, Room 555 Honolulu, Hawaii 96707 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3)7-5-017:043 Dear Mr. V itousek: We have received your letter to the Planning Director dated May 29, 2013 commenting on the subject Applications. The following responds to your comments. We acknowledge that the SHPD has determined that the data recovery fieldwork has been completed and there are no sites designated for preservation within the Project area based on SHPD's previous review and approval of an Archaeological Inventory Survey and Data Recovery Plan for the Project area. Furthermore, we acknowledge that SHPD believes that this Project will result in no historic properties affected based on SHPD's recent review of a similar project at this location which determined that no historic properties would be affected. Sincerely, Steven S.C. L m SSL/nna cc: Client 4824-5517-6468.1 HONOLULU HILO • KONA • MAUI • GUAM • LOS ANGELES CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 www.cARLsmrm.com SLIM@ CARLSMITH.COM July 15, 2013 Gordon Heit State of Hawaii Department of Land and Natural Resources Land Division -Hawaii District 75 Aupuni Street, Suite 204 Hilo, Hawaii 96720 Re: Applicant: Hualalai Partners of Kona, LLC State Land Use Boundary Amendment(SLU 13-000038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164) Request: A-5a to RS-15 Tax Map Key: (3) 7-5-017:043 Dear Mr. Heit: We have received your memorandum transmitted to DLNR Land Administrator Russell Tsuji dated May 16, 2013 commenting on the subject Applications. We acknowledge that you have no further comments to offer at this time. Sincerely, Steven S. m SSL/rma cc: Client J HONOLULU • HILO • KONA • MAUI • GUAM LOS ANGELES P7 l li tR,G DP r�I v 1�> 1 ° 7 r ARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 2O!3 SEP 12 PM 12. /42 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 WWW.CARLSMITH.COM SLIM CARLSMITH.COM September 12, 2013 VIA HAND DELIVERY Ms. Geraldine Giffin, Chair Mr. Duane Kanuha Leeward Planning Commission Planning Director County of Hawaii Planning Department County of Hawaii Planning Department 101 Pauahi Street, Suite 3 101 Pauahi Street, Suite 3 Hilo, HI 96720 Hilo, HI 96720 Attention: DARYN ARAI Re: State Land Use Boundary Amendment ("SLU 13-000038") Change of Zone Application ("REZ 13-000127") Applicant: Hualalai Partners of Kona, LLC Request: Change of Zone from "Agricultural 5-acre" (A-5a) to "Single-Family Residential-15,000 square feet" (RS-15), for a total land area of approximately 14.968 +/- acres Tax Map Key: (3)7-5-17:43 Dear Chair Giffin and Mr. Kanuha: On behalf of the Applicant, Hualalai Partners of Kona, LLC, we respectfully submit the attached letter responding to the public comments presented before the Leeward Planning Commission on July 18, 2013 for the subject applications. An original and nine (9) copies of this submittal are attached for distribution to the Leeward Planning Commission members. Should you have any questions or require additional information, please feel free to contact myself or my paralegal, Rose Naboa, at 935-6644. Thank you. Sincerely, Qa-t_Yit4trx_, j93.Steven S.C. Lim Attachment. HONOLULU • HILO • KONA • MAUI • GUAM • Los ANGELES 4843-3370-7029.1 September 12, 2013 Dear Chair Geraldine Giffin and Members of the Leeward Planning Commission, Hualalai Partners of Kona, LLC ("HPK")would like to begin by reiterating what we are trying to accomplish at the Planning Commission and County Council meetings. We are asking for a State Land Use Boundary Amendment to be changed from Agricultural to Urban and a Change of Zone from Agricultural 5-acres(A-5a)to Single Family Residential- 15,000 square feet (RS-15). Design of the subdivision will be done by our licensed engineers and submitted to the Department of Public Works ("DPW")for their approval. Our licensed architect has met with DPW several times in regard to road connectivity, drainage issues and utility connectivity. We also feel that we have compromised a great deal in good faith attempts to address the project issues with the surrounding homeowners. HPK had originally proposed RS-10 zoning which allowed for the development of a max density of 65 single-family lots. Under the current proposed RS-15 zoning, the max density of 43 single-family lots is approximately 34% less(or decreased by 22 lots) than what was proposed under the original RS-10 zoning. As a result of several community meetings and to address concerns raised by the public on the project's density, we revised the project concept plan to blend into the density of the adjacent properties with the lot sizes ranging from 10,000 square feet ("SF") (at the project's west/makai boundary) up to 15,000 SF towards the east/mauka adjacent properties. In response to homeowners requests for more green space, we have also added Open space along the edge of our property to provide a walking area. We have done studies to show where trees can possibly be saved. We have done preliminary drainage studies which typically are not done until after rezoning. With this letter, HPK would like to offer additional, direct responses to the public hearing questions presented on July 18, 2013.There were 22 individuals voicing their concerns on this rezoning application, with many echoing the same (personal)frustrations.The following bullet points will provide background to these questions. WATER • A question was asked about water and how many gallons per day (GPD) our development will use from the current water supply. HPK is a member of Waiaha System, LLC, owner of the South Waiaha Water System ("SWWS"), which is a privately owned water system, located on private property.The Waiaha Well will produce a minimum of 1,400 gallons per minute (GPM), equaling 2,016,000 GPD.The members of Waiaha System, LLC will only use up to 900,000 GPD, leaving 1,016,000 GPD that will be contributed to the existing DWS water supply. • Lot 30 along Hualalai Road is owned by Dan Bolton. Construction of a 1 million gallon water tank is currently taking place on this property as part of the Waiaha Water System. Once complete, due in the first quarter of 2014,the tank and %2 acre of land will be dedicated to DWS and the County Water Board. Dan Bolton is responsible for any road improvements Letter to Leeward PC on 7/18 public comments September 12, 2013 Page 2 fronting his property along Hualalai Road.The County is responsible for improvement of the portion of Hualalai Road fronting their%2 acre. • One testifier stated that we can't use existing water. HPK has been a member of Waiaha Water System since 2006, which will be contributing over 1 million gallons of water per day to the DWS existing water supply. OWNERSHIP • Ten people brought up the relationship issues between Hualalai Partners of Kona, LLC and Hu-Ko-Pa, LLC.These are two separate-LLC's with different owners and different objectives. A partner was 40%owner of both LLC entities when HPK purchased the 14.968 acre property(which resulted from a prior subdivision of the original 60+acre parcel under the previous owner) in 2004. Economic times forced our partner to sell, and the Barretts' bought him out of both entities in 2008.All accusations of co-ownership between properties in order to bypass State law are simply not true. TRAFFIC • Six different people brought up Hualalai Road traffic. HPK has hired a licensed engineer to perform 6 different traffic studies over the past 9 years.All traffic counts have shown acceptable levels of service during the am/pm peak hours in the near term and long term. Licensed engineers within DPW have concurred with all traffic studies. OPEN SPACE • Open space issues will be met by way of green space along Hualalai Road, pathways throughout the project and fair share assessments for parks and recreation. Based on our proposed 43 lot Project, approximately$271,260 will be contributed to the County Parks and recreational improvements and facilities on behalf of HPK. HPK would like to supplement the conditions of approval to require that its fair share contribution for parks fund improvements at the nearby William Charles Lunalilo Playground Park. PUALENA STREET STUBOUT • The Kona Community Development Plan and DPW mandate that a north south connector road to Pualena Street is stubbed out on the southern edge of the property. Therefore, HPK has included that street extension in its project concept plan. URBANIZATION • Urbanization was brought up by at least 8 different people.Although this is a beautiful section of Hawaii,the Kona Community Development Plan classifies this land within the Kona Urban Area, the sector of Kona that should receive priority for new growth. A letter from the Planning Director confirms that this land is 100%within the Kona Urban Area. • Letter to Leeward PC on 7/18 public comments September 12, 2013 Page 3 HUALALAI ROAD • Claims that Hualalai Road is a substandard road were brought up by 11 people.The fact is that HPK will donate land and improve the road along its entire frontage. The exact details are conditions written by DPW and must be conformed to. Furthermore, in the Kona Community Development Plan, Chapter 5,Action Plan, Hualalai Road does not appear anywhere on the top 16 projects on the funding list for transportation improvements, and without Federal funds,we do not believe the County is prepared to fund significant road improvements in Kona. Based on our proposed 43-lot Project,fair share fees of approximately$241,019 or equivalent towards public road and traffic improvements will be contributed to the County. Improvements that will be required of this project include, but are not limited to,grading, pavement widening, resurfacing, drainage improvements, relocation of utilities, installing street lights, signs, pavement markings and providing additional right of way on Hualalai Road at no cost to the County.All county dedicated roadways will be constructed to dedicable standards including concrete curbs, gutters and sidewalks. PROJECT ACCESS • The location of the access point onto Hualalai Road from the subdivision is another area of concern brought up by the home owners. County Council Members brought up a cul-de-sac issue in a previous meeting, so the latest concept plan shows a second entrance onto Hualalai Road to address this concern. This location has acceptable sight distance and will be designed to meet all applicable standards. PROJECT CONSISTENCY WITH ADJACENT DEVELOPMENT • 4 people testified that ALL surrounding lots were 15,000 SF, 20,000 SF or Y2 acre sized lots. This is simply not true. Hu-Ko-Pa, LLC is approved for a Planned Unit Development (PUD) comprised of 10,000 SF lots. Pualani Estates is zoned RS-7.5 with lots as small as 6,000 SF, Heights on Hualalai is zoned RS-20 with a CPD,with over 50%of the lots under 20,000 SF, and Sugar Cane Lane is zoned RS-15. • The development is accused of not being consistent with other neighborhoods. However, immediately adjacent/makai of the property is zoned RS-10 and RS-15 to the south. Therefore, we feel that we are consistent with the zoning designations within the area. During our 6 community meetings with adjacent homeowners, a majority of the community group felt that having 10,000 SF lots on the makai portion and 15,000 SF lots on the mauka portion of our project would satisfy the issue. IMPACT ON SCHOOLS • One of the other concerns raised was the project would be adding more students to the overcrowded school systems.As stated in Section 2.2 of our application,the County of Letter to Leeward PC on 7/18 public comments September 12, 2013 Page 4 Hawaii Data Book states that schools have been decreasing in enrollment the last few years. Our application also states that within the vicinity of the projects, in the Kahaluu-Keauhou area only 12%of the total residents are between the ages of 5-19 years old. If you assume four people per family then the most this project would add to the school systems is 43 lots x 4 people per home x 12%= 21 students between the age of 5-19...that would be 1 to 2 students per grade. However,the target market for this project will be buyers who are retirees and upgrading home buyers. Retirees typically do not have children of public school age, and upgrading home buyers, if they have children of school age, would not increase school enrollment, but just transfer schools. With the rezoning approval of this project, schools in the area would receive a West Hawaii School Impact Fee of approximately $144,437 (or$3,359 per single-family home as stated in section 2.2.1 Schools in our rezoning application). However,the BOE and the County are currently negotiating the terms of implementing these impact fees. SIGHT DISTANCE • Sight distance issues have long been studied by licensed engineers and will be in strict compliance with the County Code. It was also mentioned that this section of the road between Queen Kaahumanu Highway and Hienaloli Road has at least 8 blind curves. This section of the road only has 7 to 8 turns and none are blind curves. RAISED REAL PROPERTY TAX VALUES • A higher tax on surrounding properties because of this development being approved was brought up twice. We disagree, and cannot see how approving this will raise taxes for surrounding property owners. JOINT DEVELOPMENT • Several comments were made that we are really a 60 acre or 96 acre development trying to skirt around the system.This is not true. HPK purchased 14.968 acres and is trying to get this project rezoned. In any event, we have coordinated with DPW on all road connectivity and drainage issues. 1'0 HABITAT DESTRUCTION • One comment was made about the I'o (Hawaiian Hawk) habitat destruction.According to the study of the "Hawaiian Hawk Draft Post-delisting Monitoring Plan" between 1998 and 2007 there was no evidence that the hawk's spatial distribution has changed. It also stated that less than 0.5 percent of the habitat for the hawk is in rural and urban-zoned land that is subject to future development. Again, as stated in section 2.1.3 in our rezoning application, no rare or endangered species were observed in the project area. Letter to Leeward PC on 7/18 public comments September 12, 2013 Page 5 WATER FAUCET • We were accused, as developers, to have left a water faucet on since July 4.This property in question is not owned by HPK, LLC or Hu-Ko-Pa, LLC.We spoke with the land owner to make him aware of this problem and assume that has been corrected. AGRICULTURAL DESIGNATION • Two argued that this should stay Agricultural land. A study was performed in 2005 which revealed that the soil is unsuitable for agricultural purposes.The Department of Land and Natural Resources- Historical Preservation has approved the report as of November 30, 2009.Also,the property is situated within the Kona urban growth area. DRAINAGE • We understand drainage is an issue. Lyons Engineering Firm was hired to conduct a preliminary drainage report. The drainage water is unrelated to development of this project, and is already coming from the lands above our property and across Hualalai Road. We will comply with County drainage standards. Drywells will be placed throughout the development and the landscaping buffer along Hualalai Road will help retain a portion of the upstream runoff.The water coming onto our property is primarily coming off the lots owned by many of the project opponents, but we agree to address and mitigate our fair share of the downhill drainage crossing our property. • Several questions were raised about fair share contribution, connectivity, agricultural land being stripped, road improvements, etc.These are all conditions of approval that the County is requiring in its proposed conditions of approval, and which the developer must comply with. These are issues, among many others, that the Planning Commission, County Council and developer know about because of their involvement with the rezoning process. HPK has or will have addressed 100%of the issues that the County has in their conditions. We have hired licensed traffic engineers, drainage engineers, architects, archeologists, and a respected legal firm to comply with County law; experts within their given field. We feel that our project fully complies with the Kona CDP. PROJECT BENEFITS • Several of the home owners and some of the Planning Commission members asked what this project is providing for the Kona area.The following is a list of some of the benefits. County benefits will include north-south connector roads constructed and dedicated to the County at no cost. Pualena and Paulehia Street extensions will both alleviate traffic off the main highway and provide alternative routes in emergency situations. Hualalai Road will be improved along the entire frontage of the property.The improvements will include, but not be limited to,grading, roughly 20 ft. of pavement widening, drainage improvements, relocation of utilities, installing street lights, traffic control signs, and pavement markings as Letter to Leeward PC on 7/18 public comments September 12, 2013 Page 6 well as providing additional right of way to the county at no additional cost to the county. An additional 1 million GPD will be added to a depleted water supply system.The proposed drainage system will create an open area at the mauka portion of the property with drywells along the top, and will mitigate a large portion of the runoff flowing from offsite properties. This project will also generate income to the County in developer.The current total fair share contribution fees for the proposed 43-lot project is approximately$562,525 in monetary or infrastructure contributions which is allocated as follows: County park and recreational improvements and facilities ($271,260); police and fire facilities ($38,931); solid waste facilities ($11,315); road and traffic improvements (or equivalent public road improvements) ($241,019). In addition to the fair share contribution fees, HPK will pay approximately$144,437 in West Hawaii School Impact Tax fees for the area schools. Furthermore, this project will generate: 1) additional real property taxes for the newly created lots, 2) approximately$8M in lot construction job growth and $11M in house construction job growth, 3) roadway interconnectivity, as well as alternate routes,4) an additional 2,000,000+GPD in fresh water added to the existing DWS water supply and 5) improved drainage mitigation from offsite runoff coming from developments mauka of our property. For all of these reasons, HPK feels approval of this project will create a successful and beneficial project for both our company and the County of Hawaii, including the local community. And finally, we respectfully request your recommendation of approval to the County Council on our State Land Use District Boundary Amendment to the Urban District, and County change of zone to Single-Family Residential RS-15. Sincerely, Hualalai Partners of Kona, LLC • • PLA"; ,-;,:G DEPARTMENT Jeffrey&Susan Bland f r;{'f '� OF 14A AUf 75-667 Pu Hoaloha Place 2013 Sr? ! 6 Vii,( 2: 05 Kailua-Kona, HI 96740 September 4, 2013 Leeward Planning Commission County of Hawaii 74-5044 Ane Keohokaloe Hwy Kailua-Kona, HI 96740 Dear Commission Members, RE: State Land Use Boundary Amendment(SLU 13-00038) Request: Agricultural to Urban Change of Zone Application (REZ 13-000164 Request A-5a to RS 15 Applicant: Hualalai Partners of Kona, LLC Tax Map Key: 7-5-017-043 We are owners of a home near the above-mentioned property who would be adversely affected if the Commission approves the application in its current form. As the developers are aware, the main entrance and exit to the development would be on Hualalai Road, which at best is a slow-speed country road in deteriorating condition. Approval of this application would negatively impact not only us but others as: • Taxpaying residents whose only access between the Queen K highway and their property is Hualalai Road would have to contend with the added traffic, and its inherent dangers. • All taxpayers in the county who would ultimately have to fund improvements in quality and safety of Hualalai Road; as well as likely installing a traffic light at the intersection of Hualalai Road and Queen K. Such a light would impede reasonable flow of traffic on Queen K. The impact created by the additional traffic from the 43 homes planned would not occur simply to the immediate area around the proposed development, but all the way up and down Hualalai Road as well as Queen K. Assuming each home has an average of 2 vehicles who take just 2 trips per day on the road would result in nearly 900+ more vehicle trips on that road (and Queen K) per day. Hualalai Road is simply not going to withstand this added traffic,weights and wear. Until or unless the developers of this proposed change agree to support needed improvements which would accommodate not only the entrance to their development, but to the entire road running from Queen K to Puapuaanui Road this application should be denied. Sincerely, ���,,�,,�,,,�,/) 4G iJe3-w" .. ! r► C e rey ( Susan Bland Dacayanan, Melissa r''-A S' '' r F { "T From: Likeke Ric Bumanglag-PEAK Board of Directors [likekebumanglag @pualaniestatesatkona.com] i j 7: I 0 Sent: Wednesday, August 07, 2013 4:23 PM � '3 ��!'( f To: dkanuha @co.hawaii.hi.us; planning @co.hawaii.hi.us Cc: 'Barb Hussey'; 'Kate Winter'; 'KUNZANG'; 'Likeke Ric Bumanglag'; 'Pat Van Every'; 'Tony Simonelli' Subject: Input/Feedback on Hualalai Partners of Kona proposed development Attachments: PARTNERS OF KONA LLC development 8-6-2013.pdf Aloha Councilman Kanuha and Planning Department, Attached are comments submitted by this board in regard to the HUALALAI PARTNERS OF KONA, LLC development. The attachment is for Councilman Kanuha and the Leeward Planning Commission Members. (County Planning Department: we were advised by your office to forward correspondence directed to the Leeward Planning Commission via your email address for delivery to them.) Mahalo, Likeke "Ric" Bumanglag President of the Board - Pualani Estates at Kona Email: likekebumanglagftualaniestatesatkona.com htto://www.pualaniestatesatkona.com Confidentiality Notice:The information contained in this e-mail,including any attachment(s), is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use,disclosure or copying is strictly prohibited,and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. SCANNED AUG 9 2013 By:o86850 1 • ?'LAS';. ?C, DEPt.' 35ENT rk,20!3 AUG -9 AN 7: 10 P U A L A N I a lee ESTATES August 7,2013 To: Dru Kanuha via dkanuha @co.hawaii.hi.us To: Leeward Planning Commissioners via planning @co.hawaii.hi.us Aloha! The following comments are in regard to the HUALALAI PARTNERS OF KONA, LLC,(SLU-13-038/REZ-13- 164)development that was recently discussed by the Leeward Planning Commissioners on July 18th, and attended by some of our Pualani Estates Board Members. While much of the presentation centered around the congestion of the Hualalai Road area, Pualani Estates will be severely impacted by the Hualalai Partners' proposal in two major ways: (1)it will add more traffic on an infrastructure that will not be able to safely sustain itself in the long run,and (2) rapidly increase the urban density and activity under a scheme that threatens Holualoa's open space and green landscape. Density and traffic have not been adequately researched or addressed by the developer.The developer has implied that he has monitored the impact of the traffic flow and has proposed a "connector road" via Paulehia Street located in Pualani Estates. How can this be when not all homes in the Paulehia Street area have been built or occupied? When completed it will mean more traffic and increased dwelling density! We understand there are three subdivisions planned along Hualalai Road. Dumping traffic on to Paulehia is a poor"work around"to access the Queen Kaahumanu Highway. It will add to the existing traffic problems we face within Pualani Estates.We already have safety issues on Puapuaanui Street within Pualani Estates--we don't need more. Development(private or otherwise)in this area should not take place without first improving Hualalai Road with sensible LONG TERM planning that is within the area's regional community development plan. The developer knows that there is no guarantee that the Hualalai Road will(ever) be improved nor feels responsible to improve it for the benefit of its clients or the community. Below are specific concerns and unanswered questions as to why the HUALALAI PARTNERS development should not have a "positive" recommendation at this time: 1. The current traffic problems on Puapuaanui and Hualalai Road must first be addressed and fixed (e.g. blind curves, narrow lanes,flood control, reckless driving, etc.) before any new development is approved. 0 86856 • 2. Once Phase III of Pualani Estates is finished,what will the impact of additional traffic be on Paulehia and Puapaanui Streets? How will this reduce the traffic problems currently identified within Pualani Estates? 3. If Hualalai Road is not improved prior to any new developments in the area, Puapuaanui will surely become the"defacto" makai-mauka route from the Queen Kaahumanu Highway to Holualoa,thus increasing traffic through Pualani Estates that is already facing road safety problems(e.g. unreasonable noise levels,speeding, blind curves,pedestrian safety, homeownership,deterioration of the peaceful residential life-style of the area,etc). 4. The Pualani-Holualoa heritage area is known for its"country"and green environment; increasing its density with smaller lot homes will change it to more"urban"than"country."We want to preserve the country environment by avoiding reckless urban planning by developers who are more concerned with profits than those who have a vested interest in living here. 5. All flood control, hillside erosion,and safety hazards must be in place to protect property and historical sites before any additional developments in the area are approved. 6. By adding new developments, how will the County/State handle increased student volume and school traffic? (For the developer to imply that schools would not be severely impacted because families with children would not be able to afford the proposed "$800,000-and-up" homes sounds condescending if not arrogant!) 7. If Hualalai Road is not improved,where will the resources to manage"rush hour traffic" come from? How will emergency vehicles maneuver through the area safely and efficiently? We need to stick to the North Kona Development Plan recommendations and base any deviation from the plan on common sense,community-centric,and long-term visionary planning.The move by the County's Leeward Planning Commission to delay its recommendation to gather more input thru September is a good one. We are not anti-development. However,we are against diminishing the "country"environment of this cherished Holualoa area.We remain interested in your positions on this particular development. Mahalo, Likeke"Ric"Bumanglag,President Pualani Estates at Kona Board of Directors c/o Pacifica Realty Management,Inc. 75-1029 Henry Street,#202 Kailua-Kona, HI 96740 808.327.9792 Copy to: PEAK Board Members PEAK Managing Agent • • Testimony on Rezoning To: Members of the Leeward Planning Commission From: Joel Cooperson President of homeowners Heights at Hualalai 75-407 Puapuaanui St. Kailua Kona Mahalo for taking the time to hear our concerns. This is very frustrating for all of us who have been meeting with the Barretts to resolve issues that impact our community. Councilwoman Ford mandated that the Barretts meet with our group but there has been little good faith effort. We had a meeting that about 20 residents from various impacted subdivisions had with the Barretts in. February 2013 to discuss issues like density/size of lots. We had a meeting about a year before. There was no change in lot size proposed by the Barretts in that time period. Barretts thought. that we might change our position. Higher density, of course, impact infrastructure such as roads, water, drainage, schools, and waste water disposal. The Barretts are interested in pushing their agenda with minimum concern from any neighbor. The minimum lot size of Heights at Hualalai begin at 15,000 square ft. My lot is 27,000 square feet. Lots in surrounding subdivisions are 1/2 acre or bigger. Of course, below us, is Pualalai Estate with small lots, but that is below us and the Barrett subdivsion is next t'c Fig _____ I COPY to us, not below us. We felt it was very fair to ask for minimum lot size of 15,000 sq. feet. Barretts felt that was unreasonable. They are looking at 10,000 square feet +/- PUD. Property values for surrounding neighbors will be negatively impacted by high density neighboring communities. The Barretts have hired a high powered law firm that specializes in getting the job done. This is only about that. . .getting the job done and making money. Not being a responsible part of the neighborhood and respecting established criteria such as blending in to corresponding community in regard to lot sizes. The community has had numerous meetings with he Leeward Planning Commission, the County Council and, of course, the Barretts. The Barretts, in the past, have recognized that they were in an uphill battle and have withdrawn their application only to submit it later. Ted Barrett has told us at a meeting that he was waiting for a more "business friendly" County Council. He recognized that the past County Council was not going to roll over for him. In conclusion, the Barretts are very nice people that are looking to make a buck. There's nothing wrong with that. But they don't understand, or maybe they do, that after they've made their money, the community will still be there dealing with the problems that have been created. They will have moved on to their next conquest. rat; My name is Marie Aguilar and own a home in Hualalai Colony on Hienaloli Road and I personally drive on Hualalai Road each day. Notations on Hualalai Partners of Kona Owners,Hualalai Parnters of Kona- TMK 75-1743, 1758 Esteban Ave Laughlin,Nevada Own ers, - o Pa-LLC- TMK 75-1742 o Brendan Lee 16541 Gothard St,Huntington Beach, CA I spoke with Water department,Engineer Ryan Quitoriano who indicates that the two parcels will connect their roads together. They already are making plans to use the road and water services for these two parcels . According to the Department of Water Engineer Department,they are planning on use of the water from Waiaha Supply and Storage. To date the water supply is okay, but there is no indication that the next two 15 ac parcels will have the same acceptance.If water supply is not adequate who will pay for the next two parcel's water???Other tax payers? Leeward Planning Commission today must make a favorable or unfavorable report for a change of agricultural lots(15,000 square feet to less than 10,000 or less) It is the County of Hawaii responsibility that all of the owners in each of 15 ac subdivisions coordinate all services,which includes adjoining interior road,road access, water supply, sewer service cesspool, and electrical service. When this project is complete we have will have 200 homes which will be over taxing Hualalai Road. Hualalai Road is the real issue that must be the main focus here. This road is substandard for the entire West Hawaii community which depends on the use of this road. Approximately,there are 4,000 homes that use this existing road. The road is winding and curvy. There are at least six blind spots where you can not view on coming cars until they are 20 feet away. And 5%have guard rails and reflective markers on small posts. The other 95%of the curves are not covered with guard rails. There are at least 5-8 cars that went over the embankments and left for salvage in the last few years. How can Hualalai Road be used as an access frontage road? Easy,spend 2 or 3 million for road improvements with pull offs,created bike lanes,and have increased size shoulders. In some places now,there are 8"shoulders,with fall offs after the 8". Think this through, there is no money from the owners,and there is no money from the County of Hawaii. and certainly no money from the State of Hawaii. Responsible planning requires forth sight by this commission. Realistically,there are 53 lots plus another 43 lots being reviewed here which is a total of 96 homes. County surveys show that could mean up to four cars per household. . We should not allow this type of density Low density, saves lots of County of Hawaii dollars. With the owners both being from out of state,what guarantee will the County of Hawaii have if they do not complete their homes or if there are lawsuits filed. iy F, COPY • • 5 There is another concern for residents who use Hualalai Road each day. When there is excessive rain,Hualalai road has to be rerouted because water floods out the road. The Highway Dept usually has to close the road and re-route to Pualani Road. It would be a better plan to make these two subdivisions revamp their plans to use Pualani Road as their main access and use only Hualalai Road as a fire exit road and have it blocked by chains and only use for emergency use. If you look at the TMK map 7-5-17 you can see that Parcel 7-5-17,Owners Hualalai Partners of Kona are stuck with no access to Pualani Estates,so they will have to use access through Parcel 7-5-17-42 and use a sub out road from Pualani Estates,which will provide the 2nd access. Having access from Pualani Road makes better planning. They are already agreeing to share water supply,drainage and interior roads. Remember that Judge Ronald Ibarra has ruled against the County of Hawaii because the PUD did violate the Kona Community Development Plan and did not allow the protection of natural resources in granting the application. He ordered that it had to go back to the Planning Department. All developments have to comply with the Kona Community Development Plan. One more issue,who is going to build the school for this development. We want to make sure that schools do not become overcrowded because of poor planning.Insist that a school be built by the developer. Good planning means just that,make builders stay in compliance and create development for everyone to prosper and enjoy.Mahalo Alo �rU C\)/ e Aguilar c)-iji 201'26 v rs j t v�IZu • 0 �,He_! as �vsr 0 p f '''',Z `^� `A !� 4 a z ii A 4f Nis RI 0 11 tt V t9� '7 A a r1 _� W i:, . c. 43 4N :\ C.A.., :, ..., i )� 1 +4zInp ° 'm U Ncv ;1i;O v P I, -, Q N ti S ®. 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N !fie ;c e - -€)ccecV c .dd+L o-o \ .ro&-6 ? pe to -t.Y\e �C 7t ��i S - 1�,5 l,r, c_r \ den s%-k1 n-cc e 'Vc- r, c)r, sokNev--lai,xoenec■ u.clofx-5;0LRec-\ 3&r00\ sata-J4enc 5c) u_klb. s soon s r"pcx.L\ -4-hc cc t \--r,c)roverc\ ‘Atkt.x..10Ack... sAile. eveArN YNCloce 46cor-NsaveLt) beecqxle r\c.,,rec, \ --frocc-k-;c... or r-PCx55, • '055 ay- - Lc,- cu( ' 6G1=-4Ptr,-_-) I Pt?/01 ii)ge;•h(21,/ tkilr't4 / Go d1LQ c p ic de), .L.K*10 1.5 SO t "e-Yir- A-Y1& • - • ••• CAn • \(-10C)i 5 a_11d, t 'm'e ItkCi leckeN\e,(5 ? .1.3\cm 0 t So 105 ..11A0-sr CAC_Ve '_ Y r n t, k Ni\C C-c U, \\ k\ cN\ - one - .y -4,, 0.:0� s Te.t • m • __ CN•I-L Z ns l Y1C7_ 1,LL .: )7..› 6-e-o--\ w, Nn the Vro,-gc - h L .r• \c► r ) e COrtSeS -ccx1._ 04,x1cA d- C (5C... ▪. k e S\rvc Y" to...yes . - —1-ha.c\`4. • ._, ,, e - . - . l , .,� s 1 .i r __ - *211-3— _ _ 51 510 ". ss My name is Cindy Coats and I have been a homeowner in the Kona Orchards subdivision for 17 years and I have many objections to the proposed rezoning of the property in question. Living on Hualalai Road, as my property backs up to it, I can tell you first hand the condition of this narrow, winding road. Try as the county may to maintain it, the ground below it is crumbling, there is no shoulder, nor is there room for one, and every curve and turn is a blind corner, waiting for an accident to happen. These are the very reasons that the Lako extension was supported and finally completed...to ease congestion on Hualalai Road. This is also the very reason Puapuaanui Road was supported andnpleted...to ease congestion on Hualalai Road. To even 4 w .,w , Stt d ittfr- entertain the prospect was adding more traffic to this overburdened 2 lane path is ludicrous at best. In August of 2007 my husband/tided up in the hospital after a gravel truck dumped a part of its load on the road... Coming around the corner on his motorcycle...even at 25 miles an hour, he had no time to react. There is no shoulder , very few places for guardrails and all you have to do is look over the side of the road to see the wreckage of all the cars that just couldn't get out of the way in time, or couldn't negotiate the tight curves at night. Density is another issue. You want to put over 40 homes in a 14 acre parcel? With that sort of density there is no hope whatsoever of saving any of the existing native vegetation and old trees.... and you expect this urban development to coexist with the rodeo grounds, tutus nursery, all of the area residents who have chickens, people moving livestock from one pen to another, and the horses on the road...again....crazy. And we haven't begun to address the upheavel of trying to level the rocky natural terrain. We could be talking years. But my biggest concern about the proposed rezoning is that is will set a precedent. There are more than a few developers out there that are waiting with baited breath to turn the Hualalai Road corridor into an urban cityscape. They are waiting to see what you, the planning commission decides,and in turn what the county councils decides, because that will in turn open the door for every single one of them to apply for rezoning. So then we would be talking about hundreds of matchbook lots. It all comes down to "What serves the community?" As the former chairwoman of the Kailua Village Design Commission, we were regularly asked to review zoning requests and to forward our recommendations to the Planning Commission. The AG zoning was put • Ia in place for a reason. It serves the community well. The question has to be asked,..."How would the rezoning of this parcel of land serve our community i To add more traffic to an already overburdened road? To strip the native vegetation so that the Pueos that nest in that very spot will have to relocate? To add students to an already overcrowded elementary school? Or so that a mainland developer can cram as many small home lots as he can get awaylwith,as to maximize his return on the money he will have to spend on infrastructure whether it is rezoned or not. You know he's counting on the county CAVING on this. I can assure you...WE , the members of the community will not. r ,,,,. 'y • Y LEEWARD PLANNING COMMISSION HEARING —WEST HAWAII CIVIC CENTER Thursday, July 18, 2013 @ 9:30 am /Re: Hualalai Partners P LL n , Rezoning Request from Agriculture to Urbran R-15 ' \ I am Ed Schulman. S-C-H-U-L-M-A-N, and have for the past 23+ years resided with my wife in HUALALAI COLONY off Hienaloli Road. My interest in addressing the Commission on the subject of rezoning in this matter is purely one of PUBLIC SAFETY and the impact of continued development along the Hualali Road corridor linking the QUEEN K with mauka communities. The existing configuration of Hualalai Road from the QUEEN K to Hienaloli Road is a relatively narrow two-lane roadway with virtually no shoulder access in cases of emergency and at least 8 blind curves. During heavy rains, I have personally experienced overflow of water and debris — on several occasions, public safety personnel have been called to redirect traffic. If memory serves, the roadway has been re-paved once during my tenure and there are several dips and pot holes. Hualalai Road is not only used by local residents but by tourists and cyclists as well as public and private service personnel including emergency services. Over the years several accidents occurring on Hualalai Road have resulted in vehicles careening over the makai embankment. 1 Re'd fri717-1;Pri I I3: t"c1 =-- fig '/ • e e e LEEWARD PLANNING COMMISSION PAGE TWO Hualalai Partners, LLP's request for rezoning will allow for an additional 43 residential lots. Applying an average of 2 vehicles per lot, that translates into 86 vehicles which, using an average of 1 round trip on Hualalai Road per day, translates into 172 additional vehicle trips up and down the road daily. Given the other proposed developments adjacent to Hualalai Parters, LLP's project, the projected vehicular impact could be upwards of 800 additional vehicle trips per day, NOT INCLUDING service personnel utilized by these new residents. I have not seen any proposal by the HP, LLP developer which would create a shoulder type/access road from Hualalai Road into its development without causing traffic to congest or cause an unsafe condition. Similarly, how will residents of these new communities access Hualalai Road. The intersection of Hualalai Road and QUEEN K has NO signal light. A single stop sign and the Aloha spirit is all we have to protect us as we enter and leave the area. As I stated at the outset, my concern is one of PUBLIC SAFETY. If these new proposed developments with their increased densities are allowed to feed into and be accessed from Hualalai Road, then there will come a time when a traffic safety issue will present itself to the COUNTY, as well as the developers, in the form of a court action for ! b ^g* • LEEWARD PLANNING COMMISSION PAGE THREE WRONGFUL DEATH. I would suggest that a viable solution would be to require HP, LLP's development to feed into the existing subdivision road of PUA PUA A NUI which provides substantial and safe roadway access from these developments to the QUEEN K and back viz a CONTROLLED LIGHT INTERSECTION at QUEEN K. There is also a merge lane at that location for traffic heading north to town so as to ease transition and keep traffic flowing. I THANK THE COMMISSION FOR THIS OPPORTUNITY TO ADDRESS MY CONCERNS. rezoning.1 My name is Normita Error, and I live in Kona Orchards, off of Hualalai Road just above the property in question. We bought our home 19 years ago when there were just two stop lights between our home and the airport. We have loved our rural setting with cows leaning over our back wall and the curvy, scenic Hualalai Rd dotted by old Monkey Pods. We were willing to pay more to live at the cooler 800 foot elevation with its wonderful views of the ocean. When Pualani Estates was developed we were devastated by the way the land was scraped away to look like a moonscape and developed to look like something in the California suburbs— certainly not fitting for the charming rural entry to Holualoa. Surely our County Planning Department could envision something more fitting for this proposal before you—especially since it is surrounded on three sides by properties consisting of at least half acre lots or more. We have met several times with Mr. Barrett and his family, and they are very nice people. But they tell us that they have to squeeze in smaller lots on their land in order to make a profit on their investment. Why should this be a factor when the result will be to lower our property values? Are you going to be dictated by someone who does not even live in Hawaii, or are you going to listen to the people who are already your constituents, paying taxes and depending upon you to do the right thing to keep Hawaii a desirable place to live? he'd a t mate Diat'd Ft COPY LANkiNG DEPARTMENT COMM OF HAWAII July 15, 2013 2013 JUL 16 AN 11: 48 Harold Murata PO Box 1752 Kealakekua, HI 96750 - `5 -�` 7 Leeward Planning Commission County of Hawaii Planning Department SUBJECT: Applicant; Hualalai Partners of Kona, LLC(SLU-13-038/REZ-13-164) Dear Commissioners: The proposal itself is troublesome because of perceived circumvention, but I am concerned with the project access facilities and the resultant traffic impacts. The planned project access at Hualalai Road is a blind intersection. The project driveway edge simply matches the existing roadway edge. Such a driveway ingress and egress is problematic and unsafe for users of Hualalai Road. Safety considerations should include details showing the correct and safe intersection geometry. The design should avoid visual obstructions. Proper striping and signing are also essential for comfortable and safe driving on Hualalai Road. The lands along Hualalai Road between the proposed project and Highway 11 are undeveloped. However,the potential for similar projects is likely. Then, roadway access and safe circulation could be critical issues in future permit applications. Thus,it is important that the County establish a set of planning criteria for the proper formulation of intersection standards for this project and so to serve as a guideline for those that would follow in the future. Planned mitigation is needed now. Sincerely, Harold Murata .SCANNED JUL 1 7 2O Byt s 6 41