Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COM 0291.000 2016-2018
• "0.10 ov......... Wil Okabe " \,'�i Managing Director Harry Kim *: Mayor "' '�" � Barbara J.Kossow : Deputy Managing Director rf of Nr... EintlifV ®ffh of flit Anvor 2cia 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,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 'moi._ . =h May 3, 2017 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Poindexter and Members: SUBJECT: Change of Zone Application (REZ 17-000217) Request: A-5a to FA-2a Applicant: Peter A. In, M.D. Tax Map Key: 6-4-001:152 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerel , HARRY KIM Mayor MTransCouncilPeterInREZ 17-217 Enclosures cc: Planning Department Comm. No. L q I B� It 32(> Ref. T®: PC Ref. Date _ 201 ' County of Hawaii is an Equal Opportunity Provider and Employer. �tYOFp °J f ''•• ' Keith F.Unger, Chair Harry Kim g , Mayor ;�. Collin Kaholo,Vice Chair ' '} ' Nancy Carr Smith ••0 Scott Church r•:+,rte�;:�'��. 'TE oF• P1':; Perry Kealoha Barbara Nobriga OliverSonny" Shimaoka County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 ® 7112 Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Poindexter and Council Members: SUBJECT: Change of Zone Application (REZ 17-000217) Applicant: Peter A. In, M.D. Request: A-5a to FA-2a Tax Map Key: 6-4-001:152 The Leeward Planning Commission, at its duly held public hearing on April 10, 2017, recommended for your approval the proposed legislative bill for a Change of Zone from a Agricultural-5 acres (A-5a) to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 5.001 acres of land. The property is located on 64-730 Waikelehua Place, Pu'ukapu Homesteads, 1st Series, Waimea, South Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from A-5a to FA-2a for 5.001 acres of land to subdivide the property into two parcels, one that is approximately three (3) acres in size and one that is approximately two (2) acres in size. The property was previously approved as a Condominium Property Regime (CPR) with two (2) units, which is called Cloud 9 Farm. The applicant currently owns a 3-acre portion of the property(Unit 1) and Robin & Shinji Inaba own the remaining 2-acre portion (Unit 2). Hawai`i County is an Equal Opportunity Provider and Employer Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 The owners of each CPR unit wish to have their own title to their respective properties with a separate tax map key. If approved, the property will be subdivided into two separate lots, consisting of the same areas that were approved under the CPR. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-5a) to a Family Agricultural (FA-2a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements and the General Plan LUPAG Map. 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 proposed request conforms to the LUPAG Map, which designates the property as Low Density Urban and Extensive Agriculture. The Low Density Urban designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with an overall residential density of up to six units per acre. The Extensive Agriculture designation includes lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Soils within the property are identified as Maile silt loam, 6 to 20 percent slopes (MLD). The Land Study Bureau's Detailed Land Classification System identifies soils of the property as "C" or"Fair" soil for agricultural productivity. Lastly, the ALISH System classifies soils within the subject property as Prime Agricultural Land and "Other" Important Agricultural Land. Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the property was previously"condominiumized"that allowed for two "units" instead of separate lots. The owners of the two (2) CPR units wish to have their own title to their respective properties with a separate tax map key. Each unit currently has a dwelling that was constructed previously. The newly created lots will still have the potential to be used for farming or agricultural purposes. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from Waikelehua Place, which is a 50-foot wide County dedicated road with a 20-foot pavement road and grass shoulders. County water is available for the proposed request. Wastewater will be disposed of by individual wastewater(septic) systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. The applicant has requested that the standard restriction to prohibit a second dwelling (additional farm dwelling) on each lot not be added as part of the Change of Zone application. Normally, when Change of Zone requests are approved and the zoning density is increased, the applicant could still potentially apply for an Ohana Dwelling or an Additional Farm Dwelling, allowing for the construction of a second dwelling unit on each newly created lot, which could potentially double the cumulative burden on the existing infrastructure. As such, the Planning Department includes a standard condition to prohibit a second dwelling unit (Ohana or Additional Farm Dwelling) or a Condominium Property Regime (CPR) on each newly created lot. In this particular case, the subject property is located within an area identified for Low Density Urban uses in the General Plan LUPAG map, is located on the Urban fringe, and is in an area that the current infrastructure can accommodate the additional dwellings, including County water and roads. In light of these circumstances, the Planning Commission voted to allow the applicant's request with an addition to Condition E that states "additional farm dwellings, if approved by the Planning Department, shall be serviced by individual water meters as approved by the Department of Water Supply." There is no severe geological or topographical problems for the property that cannot be properly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency(FEMA) and the Department of Public Works-Engineering Division, the property is located in Zone "X", an area outside of the 500-year flood area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over 8 miles from the nearest coastline and will Valerie T. Poindexter, Council Chair and Members of the County Council Page 5 not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously developed with dwellings and used for cattle grazing. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent 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 in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: A Burial Treatment Plan, which includes the Pu'ukapu Cemetery, was submittal along with the Change of Zone Application. The valued cultural, historical, and natural resources found in the rezoning area. There is a cemetery located on the subject property, which is referred to as the Pu'ukapu Cemetery in the application. The Burial Treatment Plan states that there are seven (7) burials preserved within the approximately 4,000-square foot cemetery area. By letter dated March 14, 1997, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) approved the Burial Treatment Plan for the Pu'ukapu Cemetery. According to the applicant, the burials have been frequented and continued access to lineal descendants will continue to be provided. Additionally, in the event inadvertent discoveries are made, appropriate protocols will be taken. Thus, it is not anticipated that the proposed request will have any adverse impact on these cultural and historical resources located within the project area. Possible adverse effect or impairment of valued resources: The Pu'ukapu Cemetery is buffered by a fence that surrounds the burials to protect these valued resources. Feasible actions to protect native Hawaiian rights: As mentioned above, the Pu'ukapu Cemetery is found within the project site and is protected by a fence that surrounds the burials. There is an approved Burial Treatment Plan, which includes an Valerie T. Poindexter, Council Chair and Members of the County Council Page 6 interim and permanent preservation plan for the cemetery. A condition of approval will be added that the owner of the property with the cemetery comply with the conditions of the Burial Treatment Plan. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural 5-acre (A-5a) to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Valerie T. Poindexter, Council Chair and Members of the County Council Page 7 Sincerely, Keith F. Unger, Chairman Leeward Planning Commission LInREZ 17-2171pc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Peter A. In, M.D. Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD Amy Self, Esq., Corporation Counsel BIn-REZ17-217.jwd 03-21-17 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PETER A. IN, M.D. CHANGE OF ZONE APPLICATION (REZ 17-000217) PETER A. IN, M.D.has submitted an application for a Change of Zone from an Agricultural- 5 acre (A-5a) to a Family Agricultural-2 acre (FA-2a) zoning district for approximately 5.001 acres of land. The parcel is located at 64-730 Waikelehua Place, Pu`ukapu Homesteads, 1st Series, Waimea, South Kohala, Hawai`i, TMK: 6-4-001:152. APPLICANT'S REQUEST 1. Proposed Action: The applicant is requesting a Change of Zone from A-5a to FA-2a for 5.001 acres of land to subdivide the property into two parcels, one that is approximately three (3) acres in size and one that is approximately two (2) acres in size. The property was previously approved as a Condominium Property Regime (CPR) with two (2) units, which is called Cloud 9 Farm. The applicant currently owns a 3-acre portion of the property(Unit 1) and Robin& Shinji Inaba own the remaining 2-acre portion(Unit 2). The owners of each CPR unit wish to have their own title to their respective properties with a separate tax map key. If approved, the property will be subdivided into two separate lots, consisting of the sameareas that were approved under the CPR. (Planning Department Exhibit 1 - Change of Zone Application) 2. Landowners: The landowners of the subject property are Peter A. and Vanessa V. In (Unit 1) and Shinji and Robin K. Inaba (Unit 2). Both landowners have authorized the submittal of the Change of Zone application. STATE AND COUNTY PLANS 3. GP LUPAG Map: Low Density Urban and Extensive Agriculture. 4. State Land Use Designation: Agricultural. 5. County Zoning: A-5a. 6. Special Management Area (SMA): The SMA is a part of the Coastal Zone Management Program regulated by the County. The property is not within the County's Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 7. Subject Property: The property is located at the northeastern end of Waikelehua Place in Waimea. The property is 5.001 acres in size and is roughly rectangular in shape. As previously mentioned, the property consists of a 2-unit CPR called Cloud 9 Farm. On Unit 1 (3-acre portion), there is single-family dwelling and a storage shed. On Unit 2 (2- acre portion), there is a single-family dwelling and a detached garage/home office building. 8. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned A-5a to the north and west, which consist of farm dwellings and agricultural activities. To the south and west are properties zoned RS-10 and RS-20 and consist of single-family dwellings. 9. ALISH:. Prime Agricultural Land and "Other" Important Agricultural Land. 10. Land Study Bureau's Detailed Land Classification System: "C" or"Fair" soils. 11. U.S. Soil Survey: Maile silt loam, 6 to 20 percent slopes (MLD). 12. FIRM: The project area is located in Zone "X", an area outside of the 500-year flood area. 13. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of the site. According to the applicant, they do not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the subject site and the site is not known to be a habitat for any rare or endangered animal life. The property has been developed with construction of two (2) dwellings and accessory structures. 14. Cultural/Historic/Archaeological Resources: According to the site plan, there is a cemetery located on the subject property, which is referred to as the Pu'ukapu Cemetery in the application. Appendix A of the application contains the approved Burial Treatment Plan for the Pu'ukapu Cemetery. The plan states that there are seven (7) burials preserved within the approximately 4,000-square foot cemetery area. By letter dated March 14, 1997, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) approved the Burial Treatment Plan for the Pu'ukapu Cemetery. According to the applicant, the burials have been frequented and -2- ,I continued access to lineal descendants will continue to be provided. Additionally, in the event inadvertent discoveries are made, appropriate protocols will be taken. 15. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 16. Access: Access to the property is from Waikelehua Place, which is a 50-foot wide County dedicated road with a 20-foot pavement road and grass shoulders. 17. Water: According to the Department of Water Supply, County water is available for the proposed request from an existing 6-inch line within Waikelehua Place. 18. Wastewater: As there is no municipal sewer system in the area, wastewater is disposed of by individual wastewater (septic) systems meeting the requirements of the Department of Health. 19. Solid Waste: All waste generated by the project will be disposed of at appropriate sites designated by the Department of Environmental Management. 20. Essential Utilities and Services: All essential utilities are available to the property. Police, fire and medical services are available from the Waimea Police and Fire Stations. AGENCIES' COMMENTS 21. Department of Public Works: (Planning Department Exhibit 2—February 3, 2017 Memo) 22. Department of Water Supply: (Planning Department Exhibit 3 —January 27, 2017 Memo) 23. Police Department: (Planning Department Exhibit 4—January 23, 2017 Memo) 24. Fire Department: (Planning Department Exhibit 5-January 23, 2017 Memo) 25. Department of Land and Natural Resources Land Division: (Planning Department Exhibit 6—February 3, 2017 Letter) 26. Department of Health: (Planning Department Exhibit 7—January 24, 2017 Memo) -3- AGENCIES -NO RESPONSES 27. DLNR Historic Preservation Division- State Historic Preservation Division, Department of Public Works-Building Division and the Department of Environmental Management. APPLICANT'S RESPONSE TO AGENCY COMMENTS 28. The applicant has submitted a letter responding to comments from governmental agencies. (Planning Department Exhibit 8—Letter dated February 4, 2017) PUBLIC COMMENTS 29. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -4- COUNTY REZONING APPLICATION (A-5a TO FA-2a) APPLICANT: PETER A. IN, M.D. Pu'ukapu Homesteads, 1St Series Waimea, South Kohala, Hawai TMK: (3) 6-4-001: 152 Prepared For: Peter A. In, M.D. Prepared By: Sidney M. Fuke, Planning Consultant December 2016 Planning Dept. Exhibit 1 E t CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Peter A. In, M.D. APPLICANT'S SIGNATURE: ,,,, DATE: 11/15/16 ADDRESS: 65-1206 Mamalahoa Highway Kamuela, HI 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: • PHONE:(Bus.) 885-7444 (Res.) t2.- .C`-4-7-70 (Fax) LANDOWNER(S): Cloud 9 Farm (Condo Master)—Peter A. In, Robin K. Inaba, Shinji Inaba LANDOWNER SIGNATURE(S): DATE: 1 1 16 (May be by letter) LANDOWNER(S)ADDRESS: In: 65-1206 Mamalahoa Highway Kamuela, HI 96743 Inaba—P.O. Box 7133 Kamuela, HI 96743 REQUEST: A-5a TO FA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-4-001: 152 STREET ADDRESS OF PROPERTY: 64-730 Waikelehua Place SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.001 acres AGENT: Sidney M. Fuke ADDRESS: 100 Pauabi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Dr. Peter In CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Peter A. In, M.D. APPLICANT'S SIGNATURE: DATE: 11/15/16 ADDRESS: 65-1206 Mamalahoa Highway Kamuela, HI 96743 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 885-7444 (Res.) (Fax) LANDOWNER(S): Cloud 9 Farm (Condo Master)—Peter A. In, Robin K. Inaba, Shinji Inaba f-0644KtaAWai LANDOWNER SIGNATURE(S): DATE: . (May be by letter) LANDOWNER(S)ADDRESS: In: 65-1206 Mamalahoa Highway Kamuela, HI 96743 Inaba—P.O. Box 7133 Kamuela, HI 96743 REQUEST: A-5a TO FA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 6-4-001: 152 STREET ADDRESS OF PROPERTY: 64-730 Waikelehua Place SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.001 acres AGENT: Sidney M. Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.). (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Dr. Peter In TO WHOM IT MAY CONCERN Re: TMK: 6-4-01:152 I have a real property interest in a property identified by TMK: 6=4-01:152. Please be informed that I have no objections.and hereby consent to the filing of a residential rezoning application affecting TMK: 6-4-01:152 by Dr. Peter A. In. (/ Signed / eSSa 11, 04110O CJ Name / 8 Ocfidkgi' 20 II Date ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I 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? All b. Into what lot sizes? 2+ac 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? lmonth d. Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 1 At what approximate price range? House $350K Lot N/A Total $350K Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2yrs 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. P. D. 2 5/84 1� i 1 . 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. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? Increases overall supply for small scale agricultural lots that allows a residence. 4. Are there any buildings on the subject area? Yes If so, what kind? Farm dwelling(Inaba); cottage(In) What do you intend to do with those buildings if your request is approved? Keep them. 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? Yes 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? -2- 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 refer to planning and environmental report for this request. 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. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 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 -3- • Yes No e . Police Protection X f . Fire Protection X X 9, Recreational Facilities X h . Public Utilities X Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: Address: 65-1206 Mamalahoa Highway Kamuela,HI 96743 Telephone: (808)885-7444 Date: November 15,2016 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-5a to FA-2a) PETER A. IN, M.D. PU'UKAPU HOMESTEADS, 1ST SERIES, WAIMEA SOUTH KOHALA, HAWAI'I - TAX MAP KEY: (3) 6-4-01: 152 INTRODUCTION The subject property identified by TMK: 6-4-01: 152 and consisting of 5.001 acres has been "condominiumized" into two areas consisting of 2 acres and 3.001 acres. The condominium is referred to as Cloud 9 Farm. The 2-acre portion has a single-family dwelling and a detached garage/home office building, while the other portion has a single-family dwelling and a storage shed. In 2012, Peter A. In, M.D. ("Applicant") submitted applications for a State Land Use Boundary Amendment and County rezoning to enable the development of a 12-unit senior housing project on the 3.001-acre portion of the subject property and a 5-lot family subdivision on the 2-acre portion owned by Robin and Shinji Inaba ("Inabas") . Although the Applicant and Inaba have their respective property interests established through a condominium property regime ("CPR"), they wish to have title to their respective properties with a separate tax map key. As such and on behalf of the respective landowners, the Applicant has submitted an application to rezone the subject property into the FA-2a district and, if successful, intends to submit a 2-lot subdivision consistent with the area of the CPR. II. PROJECT LOCATION The subject property, consisting of 5.001 acres, is located in the east side of the core of Waimea Village and mauka or north of the Mamalahoa Highway. It is situated n the land division of Pu'ukapu Homesteads, 1st Series, Waimea, South Kohala, TMK: 6-4-01: 152. More specifically, the site is located at the northeastern end of Waikelehua Place. Other significant land use landmarks in the general vicinity include an environmental cleanup establishment, a recycling center, a gas station, and a liquor store all fronting Mamalahoa Highway and immediately west of Waikelehua Place. (Figures 1 and 2) 1 . • • • - - --- - - - • - A ., -B C D WAIMEA(KAIVITJELA) E • PAGE 14 - _ Alib&s. L Puu Ohu • ©Copyright 2004, Odyssey Publishing, LLC 1 . -cC ,..-] , • ^,C = I . 0 i • • X I< 1 MILE 0,-i • • 0 , C4 . • Z 2 i• Subject Site •cip e 4&.. I (D (D ,-6 'uu Kakanihia a • ...t. : to <3 . . c.. 1,\„, ?) 7-- r -,2,4,-,;. • Na Hale '-f. 'e's 4., • ib1pal . <-P Hiker e.," 4 s.'C'• • %. `Pj. 0' ca • rd. "?,• .' C ' '''• - ..„,, • .., - : .•' • oo - 'c'-e.- • c., .----,\ • sg''''''',/ c' • v2,.11-'\\",S \1•15%''3- Bel Rd 0 N.e' c'ti, . 7 e -- ' • %..'''-g6;1. e 6., •,}'I'-1C2,'Ik.'" - -0.33- I, ,)' C-4 TO HILO Mimi 10' al,a1106 71.7 1 -. .0,..\co''''' B .1us. 6' ' '2'•" ' V. A 117 , c-0-tr •a\-s % \451t1 <....,<5 , tx cn I Akina -9_6. • Keck iiii, • ''''.* *(,,, cr, , .e...?...- .,,,\.'' • Obser. ci S.,, , 0 4...11,611,„ • 6s .1 • , •r-P6 41'I,' .0. .''''• ''''.- ?.:-. • • •Civic 0--6' - • • • ' ' CI I • (C) N''' • ee" et Pa,* -4-15 ,44 0 0C •,,t9 C-' (1) (2' ' Waimea Ctr .., ..,?). A: - ..,,k A vi ., . 00..y.‘ 0 Ninohon . • - % , VI 0, 1 IV 4b-4.efer Anuenue if ark parker • .„,,z,.. -. • '9,- I f ai ae •Aliii ...... 9- CI The Seniors• • i‹-al5al'a NiVa • 1 School ' C.; 11. -5, Keopualani Hale Kuhio 1(abilsa J.mes c-'4. .i, ' ". ' • -•• ,,oved 0.i. Pillage , Vlaiinei . ,e{... 6 • 4 ! , Nature ? tir 1' 46 'V Parker ti .Pt„,,_ Mauna Kea .• • -4'i!• • P.O.' •.nch Park . 8. 9-• 07,. --wtaz,_ Stable •'''S' ''' I -,- . ...„\". 'rnea S op.C ' `kg/ 0 „,, . • 1,,,V-- 'YAM& -0*” .6\ -... •g te . cl.., '7,...,,.. <-7, .A1311.111 l'a Par(r.gt. ,,,:r. . • 4' • . g Kaom. r a Airoh`la cic9" . ,?,3 ."`"I: -?• '?6•,)"2'14 1(6091u611.1 '2. v%. 2- \c3,- oso "P-1"52.).t.> I i--," 5,i.a1e'a Halo Halo KuAes ,',00-1.0, wl,0- , • 7 . • C D - , V Val 0 a a Onoioa Rd WAIMEA.7 Ludic, . (KAMUELA P.O.) . • Pa'elialanui O4 , qt). 0 • PC: 5 1 ' Pc' .• o • a. I , • Parli.010 Park ›- 1 = i P.) ..:arker . • a. C•P- Ranch . Hdqt - • POliah I 0 I Alan ui -te I I -. 6 ' • • . 1 i .1 , r , A B C D E • • . Figure 1 . .. • • • t • 4 N • N•.4Kr•4.•aY / vL J.. I�N+A bA ,.A,i.r•M•yn C•.F 1 -1 .• ... -,... , _ .,.iir � .1•i.fr at Ii � y � •I. ..'t 'NAL.ALII' '. �: 't' • w1.N . n•..r• t ' fir• .. .. 'i¢_.. p1'. !o- ) ;it' $1,5 Wit. - • • • • • • 0. .. .... . ' , d•• Will Aa PAR2 ,j,..:...174';',..... • 9 .‘,..,...-1--. .-.....:..:4•,.:-.'I- ; ,: ABe. /�? \ I's: .-•i!' �. .. , >� .. .;� ... ' ._••i _ _ _ _ ! • ria ' N : '.` .fli' ' ''il¢. Qa f� ..C� ,Irm♦'F.° © w • 1i' tijN A. .- -T.I�... .n'• BK,,..•-�"'_ ,.. ,.:y. f... . . 'd+ Q' . _" ? w. v.r•S,v .'d�+ A . ." , _:a ar p'�•{It'Try y ini I.7uA.,', ,'t,/. • -•.F �'�_- • .• �• ,•."-e._.. \_ .. .:•r- •H•,,.Yon rla•('1' I.•t�°t+ .. i �_ , • •t E: '_®4i.` ,., t LO, rr .rte ��ur.:. d ,..„. •1iT.r -,mot 1 A W , t ,.,„, _ .. • . .:e l ... y�l�� "+t•,!.••v�� : ,1�/ _. -s3'`6.116.."-,-ta- .11,1*.--Mtitilll :.... ........... .. �,fs/..:;!w�,..,'• :• ,µ �v 71i•r•'.t4III , ,�'AA § /�, �� \ 0\ \ v�I. o.,". r.'e..i .. ®+/ dY$1�1,PI ND '^°•w. • .e�4 tila0.®IIA.. .A�.yyllf. \ \ ,1 :•°•*,,l-.°e++"''— �, r-vll%NO me 9' 'I ' :1' y \ ` M""�p•e'\ \ °J'1 ',,,-3 \J _;jq r�.•• S srr,,rY°' I+rav''' r-•,.-'�•• rwd'�' R•e. urm• •.• ' GR. 9463 i.,: g9A9 . rnYR nt•'a,. NrA ti3r , rp,",�. GR, \ :`�,, INr' �,,1;A•.po7INSET B "'.,._ u r4�11. kro.s�Ar. 'x617M AeHAa dJ.»,r a p1p M• �' \ A ry,•,XN��I,lip i,'iw . ,41 ►' 1 1 t/' /7 _ „"i•� �. "r p.a.n1 • �.l - ��L�� r. C1�•stt•' 1111% $b 1 .113--••••M� ,Rr!•�n R'' I. 't 11%1 4P i 1 1 r., O�, 044 m I M• i ti (TA u �J ,. M,r• , ort..11 nn Q r.9 r 't Fi" _ It.� s3 �` +4. ` • �\ `• ! f�• „� ` °ltfauro 9454342. Ba ( N4• \/ \� \Illy,. ; �t �;., fArZ7 r i\ .rION `�:r,", • h`�. �• •/Ya t.lN }°p,l. ,� •© * •a • �:r , ; IYjY .”;. TJ `���,��;;...� cT a i•cc.•r " 1.. ju.a_....�. ................._......._........._._....-..__..,..._..._.. ._...-......._...1� Sl-.l,_•",•,l .w. Mr«y!'Eh.__..._.. ,„' ...t„.."4.!...7 .�. _. __3y __�.NeMt.'..'�•d•1„e s„T®r'"'\1 ..!af - a°r�°"�•Hj '4• IMr oY. V .�t. pv.N S1.� t�Iszt tF \' '• � .:: tj+.�� } 1�`r I�j l .®7 `�.R.ifc�\qt. R`"•k'•e}-c `^•`:., e 1 V c :` � ° \.t ill °R Asea 1 �q9 Z © tairAf' t f yq\•+ , J• M, 11a" 1“\ • :e oel .L ..... _ r6_,.:' of t-`'. *'p �'•1 .• , .t. ..,..i;‘,...08.4148 A a ,aR. .Y,y.:nrM1' M.' lA 00' U'F,1 �r j 3l 1:. •, • .-', 1 tom. N , a�e.telr .6R' aa.Aeu ® ;roe �. .a1O .\. Q .© `... .. • • d ,4,4,.._:,,,..•,,,,,' rC u e C ORA77t 027!!” ati •• W..A1•�•\a' "L.T.:`MaY ._ . OR.a077� �. � iii 1 p '1,4.. *.� �._.�• .-� �, �Q�`�"•� ,. Imo. 10' O '' i,.©�\ •1' Ye X.. . , \ N ,. 3D tl7�1 F t \ A•r M'rr A LG°o• �°' ��... t... ”i 1 weaeA•, v AJo'��„l?' "\ .r A • lyp'3.•' k'ft i, r"'1-$ 43 r�..:1(M 1J .•rav°.� , �2 •U t.:-.",,As' ` ft 4549 40/7 M l7 r• nF t TM, \;,i1�`�it �l ., . Lis., C� q ^T'�'�� " 4 t''``,R, 1 1 a.nvrA.,:\`\,�•einA.r°,o•I•` �' •'[' � _ �..•.A,�'��•W�,1.. •• IO- U ; l J 1 Q.,T+ 67�Zsv::.F. • r. AS.r•c r' °� . ` ` ; , t"J _ - . • y K~W”` Rleh. I•y .a."` .........,....• •alA '. MI/MI ,gltR am''\ ©t •� R 2.R°AC{ o.»•a t3'°r n ....... 1.81,46,'' \ ',1:'r',:,riir a+.Jo”Iw-. p/At ; ` l� 1 0: r +. se+u+• y°3 r.!++\ w 3i �1 `'• \ \ en ?601 On4a`\�l J A '� Z ` %.. raw*ac�r+'i' a.tR:\e�® ♦ ♦ lSw.b am.,�le . •rrt• i \ 1`\ \ ,. ., ., N71KA. A. A,lrapA.� r ,'(�. ,IMk..,,R.N,,-0. 11 �`" c ._ _.IP\ 11" ._- .... .rare... .s.. ,1 - *w... l� "t •/t. .J • L 1 1 .. r ..... rJ.t / .1..L�NIIri+-'f`• ,0. F 2g- .. t 'gib �, V,.,.n •2d4�;" ..e aB .. ... ese:.R.�• .ec :�� : IQ�j r,..,,rrl `! lny• .. :• �, ... .,*..,•' .,, f • 1� �,fr./nwi n�I JAIdr . .1.,Ati't,}..A(R!/rt..................... .�_.............. . • ,�\�° 'ti. (g' I1 l�1'/` 8 �a..w� <��./r - Ir'+i1 r >: �. ! S•mur!1`!(ii JruA , ip f1. w�,A• T1 Ot'' . •;;;\ 4 Iv r Wn.'tM. t§ r.•.°A.- 1 61, t .._.__-.Es.amier't'.rw r,E J4a1r r.,vaL_�-._ • Z_°ntr'6,fact P/ef QT A-� ���t` "r a •tywe ants wzu\ r pI.A II..rM.w�,.•,...11.. +.�_ ..--....-.•••-..•-•`..-----",,‘_., __.lL._a•G.• _ -_ _ � Ip �, a�q.� --� I. •� '* A • , 1. �.t;�ao r..•yw.A: P. was. Y.aA..na HeLJ.s J: 4-•rs , 1, w '�t i a • aa+ t •r. ' I`-L'".-t hdt'J. (' - --...-...—L-,---_____,--,....„.„—__,_..._. _.. t s ,� '4�"tt .a 1.. iil��, A.12 ttV E' .t��lyf'!.7' ---19,-....v rnt.+.,.,.,� urcr all , '� b.,:eo t+.a.,,a Ir.k �l S UBsFii "c•roN a7iIflL �I /•tr••N.Ih,.,w.,..•.a.1r•µ tI1-T �5 `l4r ♦ ella. y s l i 7 6l 3. /.' yr C;le, as, fla,,i,,la ' t1 0. _A_ ._._..L35.._.��'° k �'.- r.,..,,,,,._;._ ,. '�' •" t _•17,pe,rarzNt/.r.cr,•,a.�r.y+ . 15.n«R w.�,w„ �• ! .w.:R nx.+'e."5!.ti[�,rrffi..wsvytva��'-M�-.. "-------- •T'H R D D I Y I J I O N .,n. • 1 . '.1rax.ar or .Save' ./ P'dertt 0 Xbr sec. I Km. • 114 -- f _n.. t. 1,,..,,,,,...„4,..,„...,,.,,,,..,,,,.....,,,,;,,,,s, e�hea ¢kre.•re.enu ;,Arda• lffiAa •C oA°.s .� 4 V I ' ` •; F.-- • 2.-...... to fire.'at !^'Ja! t''\.5 .®•• ,. .+� y •ao.'sn'.mu I"d1R,M s;i'Ta. a+t."M1 ”; CO NTAI�I INO p�CCL 3•' PUu#cAp�I HOME3TErV�9,/t”J 1G'3 Wi1lMEA J.lit fAL 1L/{gWit/� " 1 DC Le 111n rdd f 4. r • •\; ,1 NIIMTCD. el III. PROJECT DESCRIPTION A. Project Concept and Components As noted earlier, the Applicant and the Inabas wish to have their respective areas subdivided in a manner consistent with the size and configuration of the CPR. (Figures 3 and 3a) The 3.001 acre portion owned by the Applicant consists of a single-family residential dwelling and a storage shed. The land is used primarily for cattle and horse grazing. The Applicant hopes to construct an additional farm dwelling on the 3.001 acre portion by either converting the existing storage shed or constructing a new dwelling. The Applicant further understands that the additional farm dwelling would still need to be justified through the Additional Farm Dwelling process. The 2.0 acre area owned by the Inabas via the CPR consists of one single-family dwelling and a detached workshop/home office structure. As that portion is not used actively for farming, at this time, the Inabas have no plans to construct an additional farm dwelling. Given the potential for an additional farm dwelling, the Applicant requests that, if the rezoning application is approved, that, there be no restriction prohibiting the construction of an additional farm dwelling on each of the proposed lots. Access to both lots, as they are now, would continue to be from Waikelehua Place. No additional road or water infrastructure improvements are being contemplated to effectuate this 2-lot subdivision. There is an existing cemetery located at the southeastern corner of the 3.001 acre CPR portion of the subject property consisting of approximately 4,000 square feet. This site will be preserved as is, with continued access by lineal descendants. B. Project Timetable and Cost The Applicant intends to submit the subdivision application immediately upon approval of the rezoning application, possibly as early as June 2017. Because existing infrastructure improvements already exist, the Applicant does not anticipate any significant hard cost to effectuate this 2-lot subdivision. 2 REVISION BY II V,g t1 • L.911r H 1.033 ell 12.43[3. X 11 1 . 90BC ail¢;�'- ® il F r1116171H Oa i T Com7, C575 Crab 77T x+ -sre a nvorogre we . 4 i� D.som m.a...snSM.I' r -. =TA L PI ,Y-r 1- 1 ,....iy-3 .".7.7.1.16' ;i iIIF IQ ' = I iI Z zL L J - I_ Ji �� _ I m s co Emow,we ` 2.- V En h Q VWAIHELEHUA PLACE '.'\• - / =a 1 wvo. w..m \t ,� E z of O U Im Y I cc Za y. rn I w E S oar _Jo 2X AL../ DESIGNED: kill CHECKED BY: LOT AREA: 5.001 APPROVED BY: ACRES REVISED BY: SITE PLAN O SHEET SCALE: 1'=40' OF SHEETS • r PROPERTY UNE 320•07' 8132.58 ' ,...".----.m.,=777'7. .'- '"----—-,,7--- ' --- .7.---7.,`",7*--F.',"--"4'---rt. u---.7..7—- -—-—-—--- co)(",:',1,.c,:,,J.f.:,,;..)f„,...)(:::-A,,,„1 C.,..)%.::::::)(::::.)',„,,,'(...:...)(,:.,,(:::y,„;.)(:)1..:01(•:::.:•.)‘.:,(:::i".'"E::::::;''''.4.,.>(::::) ',.:0*1 -—_—-—-.—.-—._.__--....__—-—-_.-..1 30REAR YARD SETBACK I --, F 7 T ,„..._LOPOSED NEW PROPERTY UNE 14 ...„,.... NEW 20'SIDE YARD SETBACK ..,' EXISTING 4' Hi.FENcE PROPERTY UNE EXISTING FARM OWEWNO ETOSTNO SEPTIC TANK ......—PR, 72.-13" ...._. 4 pi III '-lrggs 1 I F----I 20' I I • ZS 1 2 I ill EN 6, ' "--Emma LEECHFiELD EXIST.HORSEWITEn, _____...„, I § t•41. EXIST.HORSE WATER TROUGH SHE) sHEXIESDTING STORAGE 1 , 14 .2-,--r:. 1IPIR EXISTING EQUIP NT 25 .g EXISTING CESSPO. I 1?, _... ...... - (7. 1 ....---EMT GARAGE/WoRKSHOP • ..,' 30•FRONT YARD FOR CEMETERY - / PURPOSE \......._!ETEIACK GI I li I__ _.../ /li , EASEMEAIT 8 20.90E YARD SETBACK FOR ELECTRICAL ... PURPOSE -- -.---.....I 141`.7.------ -7--- 3933 -—-—- s-PROPERTY UNE -—- ......... fi..2. EAS949.IT 2 6 FOR ACCESS ' ........,___..... .. ELECTRICAL 1 PURPOSEuCCALz ..., / WAIKELEHUA PLACE EASEMENT B • EASINENT 7 ' ,,'"....... F.ELEFofi PURPOSE PURPO. Z.1Ze.' ------------- /P„,...4,,, IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Agriculture. Inasmuch as the proposed lot sizes would be in excess of 1-acre, no State Land Use Boundary amendment is necessary. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map was not intended to be specifically measurable but intended to serve as a general land use guide. Because of the broad-brush nature of the map, the designations of subject site appear to be Low Density Urban Development and Extensive Agriculture. In that event, the Low Density Urban Development designation allows consideration for uses that are single-family residential in character with a maximum density of six units per acre; ancillary community and public uses; and convenience type of commercial uses. Extensive Agriculture refers to "Lands not classified as Important Agricultural Land." It also includes lands "that area not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillabilty and climate." Given the broad brush nature and intent of the LUPAG map and the adjacency of other single-family residential projects, for the purpose of the LUPAG map evaluation, it is being interpreted that the subject property falls within the Low Density Urban Development area. The evaluative focus will thus be on the General Plan's policies as well as the South Kohala Community Development Plan. In that regard, it is maintained that the proposed 2-lot Family- Agricultural subdivision is consistent with the Low Density and Urban Development designation. As such, no General Plan amendment would be required to effectuate this project. C. South Kohala Community Development Plan (CDP) Relative to the South Kohala CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan 3 statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the South Kohala CDP was developed and adopted by the County Council during the latter part of the year 2008 as Ordinance No. 2008 159. Relative to the Waimea Town Plan portion of the CDP, the subject site is identified on the "Conceptual Plan" of Figure 4.4 on the fringe of residential and "Small Farms and Ranches Preservation Program". The CDP also identified several land use policies and strategies to implement these policies for Waimea Town. Because of the project's small-farm and family-oriented subdivision focus, no amendment to the CDP is necessary. The project's relationship to the CDP is discussed in detail in Chapter IX. D. County Zoning The County zoning of the requested area is Agriculture (A-5a). If the Family-Agricultural (FA-2a) request were approved, all related land use and development codes such as Subdivision approval and any required fire, drainage improvements and the like would be complied with by the Applicant. E. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as noted earlier, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval. It is unlikely that a grading permit, UIC, NPDES, and the like would be needed. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the northern slope of Mauna Kea, approximately eight (8) miles from the nearest shoreline. The parcel is gently sloping, with an average slope of about five (5) percent. The site sits at an elevation that ranges from 2,900 to 4 3,000 feet above mean sea level. The mean annual rainfall in this area is approximately eighty (80) inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the somewhat windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is essentially rectangular in shape. About one- third of its length fronts Waikelehua Place, while the balance fronts the pole of a property situated north of it. There are two single-family dwellings, a detached garage/home office building, and a cemetery on the property. The balance of the property has been used intermittently for cattle and horse grazing but not in any form of active agricultural use. There are some adjoining 5-acre sized parcels to the north; however, there are single-family residential lots south of the subject property. The adjoining property to the east is zoned RS-10 and RS-20. None of the adjoining properties have any proposed accesses to the subject property. B. Soil and Topography The topography of the site slopes slightly at about an average grade of eight (8) percent in a northerly to southerly direction. The southerly section is relatively flat with a two (2) to five (5) percent slope, whereas the northerly section goes from two (2) to ten (10) percent. The Land Study Bureau Overall Master Productivity Rating for the subject area is essentially Class "C" or fair (C-160). This soil type has a fair productivity potential for agricultural crops. It is described to be of the Nienie and Maile series with deep, medium textured soil. The soil color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is well suited for machine tillability. The State of Hawaii's Agricultural Lands.of Importance to the State of Hawaii (ALISH) maps classify this site as being on the border of "Prime" and "Other Important Agricultural". Under this system, "Prime" refers to lands that have the soil quality, growing season, and moisture supply needed to produce sustained high yields of 5 crops economically when treated and managed according to modern farming methods. "Other Important Agricultural" refers to lands that have also statewide or local importance for agricultural use. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). Notwithstanding this designation, there have been occasions where some floodwaters have bisected portions of the northern end of the property. As no infrastructure improvements are anticipated or planned for the 2-lot subdivision, it is unlikely that additional drainage measure will be needed. In addition to the site's Zone "X" designation on the FIRM maps, any existing or potential drainage ways will be designated on the final subdivision plat maps. Accordingly, any potential flooding (if needed) of the site will be addressed during the subdivision approval process. 2. Tsunami Hazard As the site is located about eight (8) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies this area to be within Lava Flow Hazard Zone 8, on a scale of ascending risk, 9 to 1. The risk is thus relatively low in this area compared to the City of Hilo's Zone 3 classification. There is very little that can be done to mitigate this situation and reflects an ongoing threat. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there may be added structural requirements to address this seismic hazard for any new improvements. 6 D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. This site is not known to be a habitat for any rare or endangered animal life. Given its elevation plus the stand of trees in the vicinity, however, it would be possible to find the Hawaiian Hawk /'o) and the Hawaiian Owl (Pueo). However, the site per se is not a known habitat and the nature of proposed development should not have any impact on these native birds. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources Similarly, no commissioned botanical survey was done of the subject site. The applicant does not believe that rare or endangered floral resources are likely to be found within the subject site. The site has already been used extensively for cattle grazing in the recent past. As such, for the most part, the flora of the site is dominated by kikuya grass. There are scatterings of ohia and pine trees throughout the site. Although only the ohia tree is native, it— like the others identified above — are not listed for inclusions on or considered endangered on either the National or State registers. Thus, floral impacts should be minimal. F. Archaeological Resources In light of the burial on the property, a Burial Preservation Plan was prepared by the former owner of the property (Parker Ranch) and subsequently approved on March 14, 1997 by the State Department of Land and Natural Resources— Historic Preservation 7 Division. The Plan called for the preservation in place of these burials, with a recommendation that "the Pu'ukapu Cemetery be considered as a possible repository for any inadvertently discovered human skeletal remains during development in the area." The Plan plus the letter of approval are found in their entirety in Appendix A. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. Furthermore, as noted in the floral and faunal analysis, there are no known rare or endangered plants or animal life. Since owning the site for a number of years, neither the applicant nor the Inaba's have observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today or in the recent past. However, the burials have been frequented and continued access to lineal descendants will continue to be provided. Likewise, if legitimate gathering claims are made, the applicant will make the appropriate access accommodations. In the event inadvertent discoveries are made, however, appropriate protocols will be taken. These include stopping work and making contacts and determining appropriate courses of action with the State Historic Preservation Division. Furthermore, if burials or skeletal remnants are found, as recommended in the Burial Treatment Plan, they can be placed in the existing cemetery. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. H. Water and Coastal Resources The subject site is located nearly eight (8) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater 8 systems from the site should not be significant. Further, being a non-coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. This will be a septic system. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. Noise, Air Quality, and Dust The existing background ambient noise level in this area is wind, foliage, birds, and the like. However, the significant manmade noise is influenced by the traffic associated along the Mamalahoa Highway, about 1,000 feet to the south. With the traffic, the noise level could go as high as 50 Ldn. To mitigate this traffic noise to the project, the Applicant may install appropriate landscaping along that portion of the property that is nearest the Highway. As no infrastructure improvements are being contemplated for the 2-lot subdivision, there should be no short-term noise impacts. If any, short-term noise impacts may occur only in conjunction with the construction of a possible additional Farm Dwelling. In that event, to mitigate this impact, the construction activity will be limited to daylight hours and on weekdays. Contractors will also be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. The proposed development should not generate any direct air quality impacts. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with the intermittent vehicular traffic to and from the site. There should be very little or no change to the existing traffic volume or pattern with this 2-lot subdivision, particularly as two (2) dwellings already exist. The additional farm dwellings, if constructed, would generate only an additional two (2) to four (4) more movements. Thus, the added traffic will have minimal impact to the ambient air quality. As such, with the exception of minimal construction dust during the construction phase of an additional farm dwelling, long term dust generated by the project should be insignificant. 9 J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in this area. Most notable would be the views of Mauna Kea, Waipio Valley, and the hills north of the subject property. Given the location of the site, the proposed development would not have any visual impacts on Mauna Kea or Waipio Valley from any public areas. However, as the site generally fronts the hills, the project could have some visual impacts only in conjunction with the construction of an additional farm dwelling. Notwithstanding the site's relationship to the hill, the height of any new farm dwelling will be no taller than 25 feet, which is considerably less the maximum of 35 feet allowed within the existing Agriculture zone. As such, while the potential farm dwelling(s) will be visible from Waikelehua Place, their visual impact should not be overly pronounced. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The immediately surrounding land uses in this area are a mixture of rural and low density residential uses. There are also commercial uses along the Mamalahoa Highway, about a thousand (1,000) feet to the south. Specifically, the area immediatelyto the south is developed into a p single-family residential subdivision with lots averaging 12,000 square feet based on their RS-10 zoning. Similarly, portions of the property generally east of the subject site are zoned RS-10 and RS-20. The lots north of the subject site average 5+ acres, consistent with their A-5a zoning. These properties for the most part are used pastorally and not in any active and/or intensive agricultural use. Properties fronting both sides of the Mamalahoa Highway in the vicinity of its intersection with Waikelehua Place have commercial uses on them, consistent with their CV and/or CN zoning. There are also some commercial zoning and uses along the Mamalahoa Highway further east of Waikelehua Place. 10 The requested zoning would be consistent with the evolving mixture of commercial, residential, and rural land use pattern in this area. B. Economic Impacts The requested zoning would have some measure, albeit marginal, of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries in the event a farm dwelling is constructed. The nature of this project (family subdivision) does not in and of itself have any direct long-term economic impact. However, it does have an indirect impact by providing the respective landowners greater land tenure stability in having their own tax map key and the subsequent ability to finance other projects. The. Family-Agricultural zoning could also increase the tax revenues to the County, as opposed to the current agricultural zoning. C. Agricultural Impacts The subject site has not been used for intensive commercial agricultural purposes in the recent past. As it wasformerly owned by Parker Ranch, the land was used more for cattle grazing activity. This was the case for the properties surrounding the subject site, including the A-5a zoned areas. The soil classification system of the Land Study Bureau designates the site as Class C or "Fair". As such, from a resource-based perspective, it would appear to have agricultural potential. However, it is not necessarily unique in that it is not designated Class A (Very Good) or B (Good) from an agricultural resource perspective. Thus, its removal from potential agricultural use should not compromise the overall agricultural objectives of the County. Nevertheless, the Applicant's concept plan would enable the potential for greater agricultural use of the property through cattle grazing or equestrian activities. Likewise, because of their family- farm oriented sizes, both properties could be developed their areas into small truck crop farms. Thus, given the above, the agricultural impacts resulting from this rezoning should be somewhat enhanced. 11 VII. INFRASTRUCTURE CONSIDERATIONS A. Road and Traffic Access to the proposed site will be via Waikelehua Place, a 50-foot wide County dedicated road with a 20-foot pavement and grassed shoulders. There is a dedicated left-turn lane at Mamalahoa Highway leading into Waikelehua Place. Given the nature of this 2-lot subdivision with two (2) existing dwellings, the projected volume of traffic during the AM and PM peak should not be altered at all. If an additional farm dwelling or two were constructed, that would add only two (2) to four (4) movements during these periods. In that event, the levels of service at the intersection of Mamalahoa Highway and Waikelehua Place should operate at the same and/or acceptable levels of service. Thus, as the project is not anticipated to generate fifty (50) or more movements during the AM and PM peak, it should not trigger a need for a formal Traffic Impact Analysis Report as stipulated by Section 25-2-46 relating to Concurrency Requirements of the Zoning Code. B. Water No additional water service is required to effectuate this rezoning and subdivision. Both CPR-areas already have their respective water meters. It should also be noted that in conjunction with the Applicant's original development concept, the Department of Water Supply in a July 7, 2010 letter confirmed that water for up to 16 units was available. Whether that comment still prevails is not really material at this point, as no additional densities are being proposed by this rezoning action. C. Wastewater There is no County wastewater system in this area. As such, a septic tank meeting with the approval of the Department of Health has been developed for each of the existing CPR-lots. In the event an additional farm dwelling is proposed, the appropriate wastewater system will be installed. That will probably be a septic system. D. Solid Waste Solid waste, as is today, has been handled through commercial haulers or the individual homeowners into authorized landfill sites 12 or transfer stations. With the requested FA-2a zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. The volume of material to be disposed should not increase with this rezoning action. E. Other Government Services As this area is already part of an urban area and near the core of Waimea Village, it already has access to a number of services. All of the required police, fire, and related services are available. No significant extension of government services would be required. The nearest fire and police stations and hospital are located in Waimea, approximately a mile away. The project is not a typical residential housing project where there could be impact to the school system in the area. Nevertheless, it is important to note that in this area, a K-8 public school is available in Waimea, while students between grades 9 to 12 would attend Honoka'a, where there are also playground and tennis courts. Given the project location, no extension of government services would be required. Further, the existing facilities should be sufficient to accommodate the demand expected from this project F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short-term and long-term uses of the site would probably be the same as the current use, which is low density rural-residential use and open space. This project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be limited direct and indirect economic benefits resulting from the construction of any additional farm dwellings only. Through the additional farm dwelling, it could help address housing issues as well. Relatedly, the project could generate increased tax revenues that can supplement the State and County's fiscal resources. 13 B. Irreversible and Irretrievable Commitment of Resources The area of the requested rezoning has somewhat been disturbed and proximity to urban areas. As such, the commitment of natural or other resources (such as botanical and avifauna/) would not appear to be significant. However, there are known burials and/or archaeological sites that are being recommended for preservation on the subject site. These will be preserved. Additionally, in the event there are inadvertent finds, they will be treated pursuant to acceptable protocols and policies of the State. These include immediate stoppage of construction activity, consultation with the State Historic Preservation Division, and implementation of the agreed upon mitigation before commencement of further work within the affected area. The soil on the parcel has been classified "C" or "fair" by the Land Study Bureau, representing fair agricultural potential. The project would not result in the removal of additional land area, aside from an area for a possible additional farm dwelling. The remaining area could still be utilized for more intensive agricultural activities. C. Mitigative Measures If needed, the Applicant intends to provide any required off and on- site infrastructure in conjunction with the subdivision of this property. However, given the existence of the existing basic infrastructure —such as water and access - normally required for land subdivisions, it does not appear that additional infrastructure improvements are needed. Relative to archaeological or burial features, as noted earlier; the existing cemetery will be preserved. Furthermore, if any inadvertent discoveries are made during any of the construction or development phases of this project, the State Historic Preservation Division and the Planning Department will be notified and appropriate mitigation will be taken before work is resumed. Landscaping may be incorporated within the project site, as well as along selected boundaries to further buffer street noise. Finally, there will be no person or businesses to be dislocated by this project. 14 D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its present low density (probably geared more to high-end) and quasi-open space use based on the 2-CPR lots. Intensive agricultural activity would thus probably not occur on the site. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and South Kohala Community Development Plan. Much needed small scale family-oriented farm lots would also be reduced. 2. Development Based on Existing A-5a Zoning Under this alternative, the area of the requested zoning may still not be utilized agriculturally, given its current condition. The site would probably remain with its two CPR-lots, geared more to higher-end residential uses. 3. Alternative Rezoning Under this alternative, the Applicant could seek a more intensive residential rezoning as it did a few years ago. While that would still be consistent with the General LUPAG's map Low Density designation, it would generate more of an impact and character change to this area. A FA-1 a zoning could also be considered. This zoning category could arguably be consistent or serve as a buffer between the 5-acre lots to the north and the smaller 10,000 square foot lots to the south and east. However, this would still represent more density in this area and would not be consistent with the objective of the Applicant and the Inabas —which is merely to have tax map key title to their respective CPR area. 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use of the land. The land would remain with its 2-area CPR sites and continue to be used for very low density, higher-end residential purposes. There would also be diminished tax revenues. 15 While alternative residential densities— such as single-family and/or rural lots - are possible, a denser residential project would be less compatible with the surrounding 10, 000 to 20,000 square foot single-family residential pattern. Then, too, the low density residential use (such as FA-1 a) would represent more activities within this quiet rural-residential subdivision. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and the South Kohala Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-2a zoning alternative. IX. REGULATORY ANALYSIS - County and State Land Use Policies A. General Plan LUPAG Map The County General Plan Land Use Pattern Allocation Guide (LUPAG) map was not intended to be specifically measurable but intended to serve as a general land use guide. Because of the broad-brush nature of the map, the designations of subject site appear to be Low Density Urban Development and Extensive Agriculture. In that event, the Low Density Urban Development designation allows consideration for uses that are single-family residential in character with a maximum density of six units per acre; ancillary community and public uses; and convenience type of commercial uses. Extensive Agriculture refers to "Lands not classified as Important Agricultural Land." It also includes lands "that area not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillabilty and climate." As noted earlier, given the broad brush nature of the LUPAG map and the adjacency of existing residential subdivisions and zoning, for the purpose of this report, the designation is being interpreted to be Low Density Urban Development. The evaluative focus will thus be on the General Plan policies and the South Kohala Community Development Plan. The proposed 2-lot family-agricultural subdivision would be 16 consistent with these designations. As such, no General Plan amendment would be required to effectuate this project. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any additional farm dwellings and farm-related improvements on the subject site. While the nature of this project (2-lot family agricultural subdivision) does not in and of itself have any direct long-term economic impact, it still enables the landowners the flexibility to conveying their properties and securing financing for other business activities. The project is and continues to energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. This would be not only for the existing dwellings but any future farm dwelling(s). Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. Any new wastewater systems would be disposed off in a State Department Of Health approved system. This would probably be individual septic system. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. Being a family-agricultural project, it should not be a noisy one. Any noise-generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. The project area is outside of any Federal Emergency Management Agency ("FEMA") designated floodway. It is designated Zone "X", areas outside of the 500-year floodway. Notwithstanding such a designation, all other drainage mitigation measures will be taken to assure the protection of the property and the residents, as well as 17 to minimize the volume of surface runoff generated by this development. The site does have some archaeological sites. The existing cemetery will continue to be preserved. Furthermore, work will cease if unanticipated archaeological remains are discovered while continuing its farming operations. Work will resume only after proper clearances from the State and/or County have been received. Being partially disturbed and within an urban/rural environment, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As this is not a residential project, it will not directly fulfill the objectives of the housing element. However, the rezoning and subdivision actions provide some measure of financial and tenure stability to the landowners. Further, having the ability to construct an additional farm dwelling on the respective areas also adds to the housing rental stock. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the only possible change resulting from this project will be construction of an additional farm dwelling on each of the proposed lots. In that event, the farm dwelling(s) will be developed in a manner where they blend with the existing terrain and enhance the natural environment. The project site is located over seven miles from the ocean, with considerable intervening parcels and developments. As such, the usual coastal resources concern would not be pronounced. There will be no interference with shoreline access. Then, too, by utilizing DOH-approved septic systems for any new dwelling, wastewater impacts to the coastal water should be minimized. There will be little impact to public facilities. The roadway, water, and related systems to support this project already exist. Further, schools and other public facilities are also located proximate to the site, most of them being less than a mile away. Finally, in terms of the Land Use element, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County 18 • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density designation of the LUPAG map. It would also be compatible with the surrounding area. There are a number of single-family residential homesand zonings adjacent to the subject property. There are also some commercial uses within 1,000 feet. The subject site has not been used for intensive commercial agricultural purposes in the recent past. As it was formerly owned by Parker Ranch, the land was used more for cattle grazing activity. This was the case for the properties surrounding the subject site, ' including the A-5a zoned areas. The soil.classification system of the Land Study Bureau designates the site as Class C or "Fair". As such, from a resource-based perspective, it would appear to have agricultural potential. However, it is not necessarily unique in that it is not designated Class A (Very Good) or B (Good) from an agricultural resource perspective. Nonetheless, by creating these two (2) family-sized agricultural lots, the potential for more intensive agricultural uses would exist for the two (2) respective landowners. Financing would be more feasible. Thus, given the above, the agricultural impacts resulting from this rezoning should be more enhanced than not. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. In view of the foregoing goals and policies, it is noted that the requested zoning would be consistent with the Low Density designation of the LUPAG map. 19 C. South Kohala Community Development Plan ("CDP") Relative to the Waimea Town Plan portion of the CDP, the subject site is identified on the "Conceptual Plan" of Figure 4.4 as "Small Farms and Ranches Preservation Program". In that regard, the Applicant's proposal of creating two (2) family-oriented farm lots would be consistent with that Conceptual Plan. The CDP also identified several land use policies and strategies to implement these policies for Waimea Town. These and their relationship to the requested rezoning are discussed below. Policy 1: Preservation of Waimea's Sense of Place. • Five (5) of the seven (7) identified strategies definitely do not apply. These are protection of the Pu'u; acquisition of critical open space; encouraging small-scale farming through expanded tax credit; expansion of the Lalamilo Farm Lots; and recognition and protection of significant trees and other plants in Waimea. The subject property is not considered one of those identified pu'u requiring protection. Also, the site is not adjacent to the Mamalahoa Highway, a portion of areas where the Action Program =4.3.2 directs its attention to. The expanded tax credit concept to assist small-scale farming is a governmental activity that needs to be done; and the site is not in the Lalamilo Farm Lots. Finally, although the subject site has a few ohia and pine trees, they are not clustered in a manner— say along a streambed or along the main Highway-that was the articulated intent of this strategy. • The other two (2) have some measure of relationship. These are protection of important cultural and historic sites, structures, and landscapes; and encourage design and architectural guidelines that promote Waimea's paniolo heritage. There is only one important cultural and historic site on the subject property — an existing Hawaiian cemetery. This has been preserved and will continue to be in accordance with a DLNR-HPD approved Burial Preservation Plan. Policy 2: "Responsible Growth": Moderate the Pace of Growth and Change in Waimea. 20 • Like the above, four (4) of the five (5) identified strategies do not apply. These include Strategies 2.2 (working with Parker Ranch on its Parker 2020 Plan); 2.3 (revision of the Subdivision Code); 2.4 (amending the General Plan); and 2.5 (secondary commercial center). The property is not part of the Parker 2020 Master Plan; is not a commercial one; and cannot do things that only the County—such as amendments to the General Plan and Subdivision Code. • Relative to Strategy 2.1 (evaluating and condition, as appropriate, any rezoning that would negatively impact important agricultural lands or culturally, visually, and environmentally important open spaces or resources) there is relevance. As noted earlier, there are no important, designated or recommended open space outlined in the CDP —such as the pu'u or the stand of trees — on the subject property. There is, however, an important Hawaiian cemetery that has been preserved. In conjunction the rezoning request, a condition could be imposed that would require implementation of the Burial Preservation Plan as well as assuring access to lineal descendants, both of which are optional at this point. The site is, however, designated as being within the "Small Farms and Ranches Preservation Program" area on the CDP Waimea Town Conceptual Plan. It also has a Land Study Bureau soil rating of"C" or "Fair." As such, this strategy is of relevance. The strategy recommends the retention of the existing Agriculture zoning "While these tools and programs are being put into place." These tools include establishment of preservation or conservation easements or even acquisition of important pu'u and some of the East Waimea farm and ranch lots. The strategy also notes that "Exceptions can be made for affordable housing, agricultural cluster subdivisions, and small-scale rezoning of 4 lots or less that may assist families in allowing their children to obtain individual properties." As noted earlier, the site does not have a recommended or designated pu'u or stand of trees. The proposed 2-lot subdivision resulting in a 2-acre and 3 acre lots, would be 21 consistent with the Conceptual Plan of Small Farms and Ranches Preservation Program area. Its smaller lot size would enable the respective landowners to secure, if needed, the required financing for agricultural or other development pursuits of the property. This would have been more cumbersome or difficult under the current CPR land ownership. All things considered, it is reasoned that the requested rezoning to implement the proposed project would not be inconsistent with this policy and strategy. Policy 3: Environmental Stewardship. • There is only one strategy—Protection of Important Agricultural land. While the subject site falls in this category, the requested rezoning would NOT remove any actively used agricultural lands. It would enable the landowners to continue using their property while providing an opportunity for a different form of land ownership. In so doing, they can choose to utilize their areas for more intensive agricultural use while having the ability to secure the financing, unlike the CPR approach. Policy 4: Develop Affordable Housing For Waimea. This policy is indirectly applicable in a sense that through the possibility of having an additional farm dwelling, there would be an increase in the housing rental stock. Policy 5. Timely Implementation of Needed Transportation and Circulation Improvements. This policy is also not directly applicable. Of the eight (8) identified strategies, four (4) talk about trails and bikeways. None of these fall within the subject property. The remaining four (4) discuss traffic improvements within the Town and major connector roads, and the subject site is not affected by any of those roads. D. Zoning If the request were approved, the site would be developed into a 2- lot family-agricultural subdivision. All improvements would be developed consistent with the Subdivision Code. 22 E. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205a, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. Nonetheless, a general review of a project's consistency to the CZM policies - regardless of its location - must still be made. In that regard, please note the following: • The proposed project will not have any substantial adverse environmental or ecological effect. (Please refer todiscussions in Chapters V, VI, and VII). Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. • The proposed development would be consistent with the objectives of the CZM program. Specifically: • there would be no impact to the area's recreational resources. This is not a shoreline property; • the site does have historical resources (cemetery or burials) that require preservation. This has already been done via an approved burial treatment and preservation plan. Furthermore, any inadvertent finds will be addressed pursuant to the requirements of the State DLNR-HPD. • the project will not affect any scenic and open space resources; • the coastal ecosystem will not be impacted; • the project will help stabilize employment opportunities by providing additional market house lots, and hence furthering the economic uses of the site; • the site is more than seven miles from the shoreline, and thus there would be no coastal hazard or beach erosion or marine resource impacts; and 23 • public participation will be achieved through the hearings on this request as well as notification through the posting of a sign and notices to surrounding property owners. • The proposed development is consistent with the County General Plan, South Kohala Community Development Plan, and • other appropriate regulatory tools, such as the Zoning Code. 24 APPENDIX A. BURIAL PRESERVATION PLANS TM K: 6-4-001: 042 AND OTHERS AND DLNR-SHPD ACCEPTANCE LETTERS • a t BENJAb(D(L CAYLTANO ,• •• MICHAEL D.WILSON.CRA.DPC OM DOY( OR or HAWAII BDAAD OF LAID AHO NATURAL AFJLOURCCs • u4 Mini fa al.><U7 COlO#l1rlGAitAit :111:, AQUAc.lTLmL DtVIZQ M 4Y STATE OF HAWAII AQUATIC IstMAc® cDNUlivAlio«oda DEPARTMENT OF LAND AND NATURAL RESOURCES aroma varolicoa>�cr coiiveimicis STATE HISTORFC PRESERVATION DIVISION lORt1TrY AMM V,AIDUFI S4 SOUTH KINQ STREET.STH FLOOR Ii1QTONC?RLOVEVA.TIO 4 HONOLULU.HAWAII H 3 DisAseal STATE MKS WATER MD LAW D-ZYQ.O 4 Der March 14, 1997 • LOG NO: 19195 " DOC NO: 9703KM03 Mr. Riley Smith Parker Ranch • P.O. Box 458 • KS.muela, Hawaii 96743 Re: Acceptance of Burial PreserVatlon Plans Regarding Parker Ranch Expansion Project (Duncan. ana dla Cemetery), Waimea Town Center Project (Yutaka Pea) and Pu'ukapu Homestead Project Area, Waimea, Island of Hawaii,TMK: 6-7-02:017 and TMK: 6-4-01:042 Dear Mr.Smith: Thank you for your patience regarding the transmittal of the recommendations made by the Hawaii Island Burial Council (Council) regarding the burial Sites associated with the aforementioned projects and properties. With regard to the Parker Ranch Expansion Project affecting the Duncan-Lanakila Cemetery, the Council approved Parker Ranch's interim and permanent proposals for the Duncan- Lanakila Cemetery for preservation in place. The Department of Land and Natural Resources (Department) agrees with the recommendation made by the Council to accept the plan. There was some discussion regarding the use of this cemetery as a repository for inadvertently discovered skeletal remains during future development and some concerns about commingling remains from different families. Any inadvertent discoveries of human skeletal remains will be handled pursuant to• Chapter 6E, Hawal'i Revised Statutes and a decision rendered as to . disposition in consultation with the landowner, the Council and any identified lineal descendants. The use of the Duncan-Ianakila Cemetery can certainly be a proposal at this juncture. • With regard -to the Waimea Town Center Project, the Council accepted Parker Ranch's proposal for short and long term treatment at Yutaka Pen to preserve In place the previously identified Native Hawaiian burial site. The Department agrees with the Council recommendation to accept the preservation plan as written_ Mn Riley Smith Page 2 With regard to Pu'ukapu Homestead Project Area, the.Council voted to accept Parker Ranch's interim and permanent protection plan to preserve in place previously identified that the Hawaiian burial sites at Waimea, South Kabala and also made a recommendation Pu'ukapu Cemetery be considered ass possible repository for any inadvertently discovered human skeletal remains_ during development in the ark:.. I he Department agrees with the Council and accepts the plan as written. The disposition of the Bright Family Cemetery is the next item to be addressed by the Hawaii Island Burial Council and arrangements have been made accordingly to provide Parker Ranch with a forum at the next scheduled meeting of the Council. if you have any questions, please contact Kai. Markel!, Esq. at 587-0047. Once again, thank you for your cooperation and patience in this matter. • Aloa, -72 i B •i• 9,Administrator State Historic Preservation Division KM c. - PunaheIe Lerma, Chair, Hawaii Island Burial.Council Marc Smith, Hawaii Island Archaeologist Burial Treatment Plan for the PARKER RANCH EXPANSION PROJECT (TMK: 6-7-02:17) WA.IMEA.TOWN CENTER PROJECT (TMK: 6-7-02:17 p or.) PUU APT1 HOMESTEADS PROJECT AREA (TMK: 6-4-01:42) PARKER RANCH FOUNDATION TRUST TABLE OF CONTENTS TITLE' PAGE INTRODUCTION _ 4 Exhibit"A" TMK map for Duncan-Lanakila Cemetery and Yutaka Pen Exhibit"B" TMK map for Puukapu Homesteads Area Project ORIENTATION PARKER RANCH EXPANSION PROJECT (Duncan-Lanakila) 5 Exhibit"C" Sketch Map of Duncan-Lanakila Cemetery WAIMEA TOWN CENTER PROJECT(Yutaka Pen) 6 PUUKAPU HOMESTEADS PROJECT AREA(Puukapu) 7 BURIAL TREATMENT PLAN: PARKER RANCH EXPANSION PROJECT (Duncan-Lanakila) 8 Exhibit"D"Elevation View Exhibit"E" Plan View Duncan-Lanakila Family Cemetery BURIAL TREATMENT PLAN: WAIMEA TOWN CENTER PROJECT (Yutaka Pen) 11 Interim Protection Plan Permanent Preservation Plan Exhibit"F" Yutaka Pen Elevation and Plan View • Exhibit"G" Yutaka Reinterment in Duncan-Lanakila Cemetery (Plan View) BURIAL TREATMENT PLAN: PUUXAPU HOMESTEADS PROJECT AREA (Puukapu) 16 Interim Protection Plan Permanent Preservation Plan Exhibit"H"Location Map Exhibit"I" Puukapu Cemetery Plan View Exhibit"J" Puukapu Cemetery Elevation View POLICY RELATING TO INADVERTENT DISCOVERIES 20 APPENDIX A: State Historic Preservation Department Review Letter APPENDIX B: Legal Notices REFERENCES 21 2 LIST OF EXHIBITS NUMBER TITLE _ Exhibit"A" TMK 6-7-2:17 (pot). TMK Map indicating Duncan-Lanakila Cemetery Area and Yutaka Pen Burial Site Area Exhibit "B" TMK 6-4-1:42 TMK Map indicating Puukapu Homestead Area Project Burial Site Area Exhibit"C" Sketch map of the Duncan- Lanakila Family Cemetery Exhibit"D" Duncan-Lanakila Cemetery (Elevation View) Exhibit"E" Duncan-Lanakila Cemetery (Plan View) Exhibit "F" Yutaka Pen (Elevation and Plan View) Exhibit "0" Yutaka Reinterment in Duncan-Lanakila Cemetery (Plan View) Exhibit"H" Puukapu Cemetery (Location Map) Exhibit"I" Puukapu Cemetery (Plan View) Exhibit"J" Puukapu Cemetery (Elevation View) 3 • :. . - • •4 7 oz al . . . •• ., ._ • ..... e-, To • • I'N. • - U ;.':7---Z.. .:"--4••,..-s-.L--. 1 . .• . • • .. )•..\ s's • .. . Ali ..........t 1.••••••••••ff.... • i . .-• , . . . .• „v..... \ - - , ..... . -,-, -------. • . • •3 i TiC • • . ' .• ,\. -g2.f;,,,, , . 7_.. .. ..-..,---. .., :. . J C C,S., • r. • • , .5£C•1 ., ;LA.7- o.D ' - . \\*zzc...5 , •P 1...4 7 ,..,5- - " • ' • -;r • • . - /........... ..., _ • ' • .. . . I• ..0 . OA 2'1:4:nut'.7.:..nt,i,1?..7.,....) . . '.„.t...=..t.Y.--,;......:r.;,......,,,--• .• -.-,• .• .., . . . ,431,.•• • -r> . • • • . . .- - •-i • •. .• :,.•t.t 0 ,.%Mt- r...-...--',. ...._:.S_1. .III .---A?"-t.--='-,..,, ns.'4', o . . 7..td.e.....) for-- i.,-,.- G.R..•316 3-.....4'--;'.47.'._ 42.....V.V ,',7-....:-.:..--• . . lYI ..3-...,...: •_. 5...' . . . L______-1 L.,. ..._.,.......... ___ • - ..c; - ___--..... e, . • .2,•:.,:it.: ---... .......wrATG C'...e. c.,6•:":„' 3;::;:" ,,-L-J'-'•-. . . '''-'''''.'!‘411;11. ,Z''''''' \ ... ...4„/ , .. I 'a-i•• . . . . • . ,' , A, -" 0 s'• ........0...4...,.,..L._____. Aile-e. '. /le • • -...÷... .' • ......--- 7,.,• .,„ , pi. - .f• Loy ..:-• 1" ,...., "1...,1 ..,..',..4 TF1417gletY, re4='..,tr."' 62-.64 1. L.,,;. ....., ,,,,,1.1. , .... . • , 0 ,•..0"' .i. 1........11, • •'."7.7.-- 7- 1.4 ". • . .''''",...--',:••,....,0 i . .•• . ,....,........':',....„ • , • •• --, •:•,,;: _____...---- ....., --7.... .,,e ee . • -..-1--..7.-;-,..-----_--- -_-.••••• --•-•--.....;_-..... ..„ 2,4 .• • .......- . ' ..c,...., ....... - . „,,,,,,,.......4 .k. ,,. •iii•li. ••••• /' /. . '. e 'I 1 ..,,•;:: ,,,, •.,,,::: „ ,...,..../ 1 •(-4•2'‘`' Ili' . .?. If'''.=.- I ".A..; t".' a' . - / ' ''''''.' .."....."' ' L.1st.• ...t.All '[2___2L . ----.,---;.7,47, . --, I -,,, ,,...._—.I.ar•;• ,.._11• ---. .• I/ .. • • = l . • • .,.. ,0,. ...... . ,,,,,,,, . : . . .,---- • + /.. I "I:., , ' r4;;;17') G4:,-.3›.. ..;.t,': .0' '.• r--•.' .. g 1 :,..• • 1 . , :- ' • . _.--, . 0,-.7..*, --ot•ti.u.....t:. • / ......... u..,,,,•: u -•,,,k, , ....--.,;•r: :11---`,.. bi / / • - ...• .. • :rEll'.\''''.7%.0 -•'•••,' I -,;?,••••.:.-.:'....-,•.-. . ii. ..- ,‘.. 4.'-------,r:-.. --- ' - `• - Tim?: 'tftr.. 9 . • . . ,/ ' • i - ."--- ' • - • - „..- -.:31:'-4-g': - %-' ' 'fr. • -' - - • • . c?.••••: • °• - .:-; %.. •••••' \.‘ :,..--,:;-::-.4r, r- ., •.,------,-• •,.., : .. .• • . • .•• „4 • ,'i'• LI '1,4,-1 •;•f 1' ..,-,,...,.•, .., A '',..' • :'' ;;L:1....'. •--:',4: 'f-.A .'.•• ••.r..- • -tt:/,• ,. . • ,- - / '):.' 1'. ... . • ,:,, . . -:::,:-7. I, 0-- • . •-• . • • -•ts.1,1 . , ,-,..-4.....1,.... •.. •. •........\:•• ff..A. ', '..-7, . 2 •'..t... . • i - .... •. • Ai 1.. e"..,... 'I.• ., ...,. . • i • I. F•ii.72 IZE1 ..1 giS ----- ---- -,.....,....„........... "" • . ....... - ... , .,.., . . • - ./..E'.sas •-:,...1. ?..7....."-e.' ....`,-- ____%-o.....,....j........,..•... . ' A- , .. "::'••• .11.,..hT . ''. • • ' • 0 ....‘ 1... ................. ......i' ••re,,::: ...,......,......... ig....., ,'' '''''''........... • • ,•'.'• -7".-••:- .......•Th, •1 :••• ------......:77--- - -. •t. ki...-:.-.7,--, '. ,./ ' ., . • J e ta . •••••• ........_. ...,---- C,2....1 Am). ..."• 1 /..7e•.' J 1,---.7"."---.'' ... 0 • ' , ' - •." •.'•-•.:.. • ••- --•'''':-.1,4..__,--.f,..1.-.2.•_,..,:, - --'....'•-Z._::: ,..2,,., 7 .. . r:-.., -. 1 .'' .•1. ' ." ',I.,' ......s7:-...o.2.,...„ . _Is, • ,,,.... 2 1 . ,.......1:41 • . Jr.:-,,,,, • Ii• -e.:`,.. ....y. .".‘,......,„..,...,../' ..........-..,........ . ••'....... •. . i .. ...M..c-4 -..,• . ,,., ,• ,,,_ .,- . • 4 --...---- , - i "--r, : . 1.-,,,';',;--,7;: . . -.......... -••-••••- -:•\ • • 1 -...,... „. • ..;• ........ • • • . .• '----------_-_--:2-_,.., j • E,-(dii, // ..,-.,.._.----i-----\ - . ___,...._ „, ....) •• -• -..;.•;,, , . ). . ....... 7 .--,,,,,_ •-,..„ • . - • .,..,.....„‹....„. • 72----....•._•:-.. Itirvi•• \ .„..,..: -,..----...._ . / ,,,, ••• : -•1"'''-q-r..=,,,,,,,; • ' . ----------.,_.3„:: '.. .-,--:;_,.._ •f--:„7.,,z,,,......„,, •.. . . .• \ 0 ‘,1 ......''. ' . ., .,•,,.. --------=-_-_-_-,"--,_-__,--_-_-: _, --N '• . ------....-----.--_.--•-•••••.....,.... • --_------ ••••• ‘•4--. i ., r'' , • ''' .,r,.... 1.1• :'-,:„.__,,- :' , • Iii-.1.,7,:,., ' r • .• -._. -:-., . .- or.....-..r..--......• . ( f *.s....'::::,•. •-'71 • • '''• :,--;".:.:-------Ir.;:1•'"'"'- . . • N r''... -'• : • • • ' • . .• •.. • --''''. 2.• ,. . -—1 .-• • • . ..."' .. 1 %.-,-...„. . ---....._'--,-.4, .. •:: ..,„,:l: t • .+, .• ... ......., ...__ „c4 .4,4 , ___/ • • .. • • .....„: ,. i, , •r . •.. • .---0 .... •' • (.._ ;.6 to_-,.j.: 4.-•-.'511; t s:1:,....z. -,,,r.a . . • ,....,,„1 • C., . , • . . ,-...z.., ,.. • " ,-,:-..4 ...t.,„=-.„.-:,,,."=.7='''' . . 1 4 ' •‹,-, I • • .,-;--1-.-.1 •i', ..5 _ • ,. •• •.•".. • I,- `• • I • %>.`.....' .. •. -- ••• .',,i-i.r:! •'v.:7z! . / -j-1— • _ ••••,•-••••••. -••-•.-... ' • -...1 • • • 1.'"Z••, ,_,.. : • . - •• YUTAI<P, rEi'l •••• .1,, ... 64,4' ...r,&'"4" • • -• • i . . , .1 eco. "•• • 71.112-1AL.. . ., _ 1 ..• . . ,..--- ....•,-. • AI 21 016 . ...S.A.. ., ... 17 • . -1, .GRANT 55,77' • .'.• •- ...'',......, . I ' ' • ' \ • ' \ • . . . . . _ • . . .. ..Z........„.......1... . ... • ' . Illifi • • . .• • .. ._ -'-- • . . .. .. ......-------. - 1)1)4 Z5'1-1-)''bi I LA' . ,.7 . 3, -1439 . • i'n'''''• .,4 /4 ,ro P' • Li • .LEMSTEN..1 . . -!. --,-..-....,1:7,-;-:---. •• „ TitRo Divr5icit4 i' •• • 12,..,...=,:..1... 4, -2.... s.f.:.1 PLAT z 3, ,- .,_ ri•-• r• c.,/ • - . • . -1 cf.,---.1.4,r,'.1='... .,,I,F.'..!.•:•';.•sHE!.....,- 6 I 7:-.• 02. • .1.--7.21,....„„,..,..„. ....:::..:' ,-,,CSANGE canrAwn. PAecr.LF . . Par W.AMICA VILLAGL, S.K0/--1.4.L.4., H.A I'fAil • .' • . • •'" Z. .. ']e•aLlc.lin..zoofi, •,..............., . . . .......: • • _ . MINTED • . -- • -- . .•-•• .. . • .• - . • • • . • • •. . • • . . • . .. . . . • • . . • . . • . . • • • • • • • • • • • • • • —/� 1° ( %,; moi-'�.~ -Jr o, , .\‘.....'...'.,'•, \ . •-•• ---•.,.-.:,o1 • , • • • • • • T•I� `4''o �—cTjr J� I , 1 / GR. [,d �' ' �:.f..("'tfu -' 1 .. 1 . • :19 1- el • 1 \ p,rJ . �..�r•, a: - • •1�9 '•© ~'1�' r. }4 • :il' -T • rA�9 er,11�l1• 'C \ I.Jn. r ^`/.Y! e' 'i '1 +/ .,j g' 1.', ;-;• ? 1 •�' • Il{ •r a \ II•f F _ • • ' I� •f+ •h '�' :.� ... 1 '1 • M-P:1F✓1 •• II MB • '.Q • • • • LyV'�9]� T 9.5 • If Rrc:rr�Jor: 14_./E.,-.„,,,,--- _ \ r°��lO• ��° r 1 '�a•( 1 -�•�t 0°79 j N •/•,,..l' :fC 4`91 - , r.r •••5•1) "1 • l- J1 '„' Ga Ld �.7- ,.y r I 1 ;Qi _ ,rl: • n E•FJ.'�� 'IISJ II1..71.6::::::,:, 3 _ N^.'tic, l�^•� '\, G 1 c� / A..6 '''"'"..-P,"..r'J.r � •.6•„i:r1�•i. I...,.. -6_�asgn.- .> am .. :..`.1.11: .;L'. �. yr•` ,.. Yw •.,,l • ' ].: "e.'-1•.as 9a .—•` .'•Y .[ _. B-9. ala. ,- �rdr'1%•fs.� • �:�v i'•'lnirr.•r. / '.' Imo. �...� �_r�j s• 13 \ GR. :9163 1' �r_+a _9t.-�• Ln.. 79 I ...'....,3. : [ ,.J�7•o'�i."G[ J 1 c�^iY °.l,[n•.; '• _ _ .n . • IHSS.~MJ..rw�'_• (j' P'.'-'',/`',..9 a ,: •a mt, d-iAs 7 ~' k)..3t, i �• :• N�!►'Irk• .,l�liu .(. '\, lo�',':�'lJ'/ .. 1('•' I ' -wl:1'~P ,W 1 I ,,...>. 11.0 rrs•a _.Tt. -\_� • , 1•Ia] .•y"" r=• .. - .-1 - •'i� • `-. �1 _ (Js - •.'0\ io•-1' e., k�`, /__ > . .W flit 77 - ••`°`•.a •\p\ • :. .-1°;17.11s. i.S^✓r - .: _. -.-:!. ,.. �. �I ( _ri TCH.r ,.G' rJJ.r. r _ rl .'rte"'`° • (5°/.°-.\• \ 1\ rL A> _c: %,- t. Y•. �;�! > ~' -+c ice w. ,1' \ '� ."../..0.15•(K • ® • [%r ' ii .,,,x.....,.,6,..: 1. 1l .•1-/�•�;,�Hyl. 1/� ... 1 C.� '\PI''''''(• i • -4 ,_.....° i�A �l .i".� 1 Iw :., '.:r" �~�Q'/r-"C"•' ��a.n .��se °' a . C �i ® 7 ( ! �..�!f_..i_a'~\ ;o+,.Tl.Iili •�/ ' r'�. , • ` • ri('. �.1+ IJJL� - ^• i I�'° \ .. _. _ •• • iii'; r.•y..a• ea..„,./. <.:J_ .I-.-._ • '� :iU • • :l ( .£g.�_�,\`.vR,y�1235dA d.o'sx (r_Ni�W ,..7 1 efL'ua• .7.1--1•• ;Cv-6 • l�-, ; R .? ' I ••tn _ -. ^B ---L' _ \%'' 1 111 r,•�_" , eti. •ze.c .-�•'. I r:t. �:.•.Wil• v 11�c,; ` °` �j '1 cA'.,Ie °� n :b,nl.. .81'• : \ c.._. i,,::...%..-.:.•x73 •.' I/lNr,,::'i f.i ,...7.:.....,..,4:. I� 1 1. _ �dL 4� U.J�GD::G.t lit/ cA.eli: E N,.21.W oR./ioll i�.rry^�\ -1.,�7 .1.' 4 ' ����/� �95.,.-% cin_. I��..1rr1 u.1ac. n � 111::i \ 2a ,.[i�\v4 ,� .[ . •1 '% • • 1(�I.1-,.--L./ -''-> l // 1. 1 •' •' ]mss rr...e.w 11 ca~.e;.n ` .'.v..c�. .1 nr.� c'�,.(, _ d'.. I.. • • •111,A{•..v t••,_,.--,.:!"-• 1'�r �'• .. ',1 1 �` M•.%' M1µ 1=:+ I. .. _ • •:.:. i:ca �_'� % -�Y \ \ e ��J 4-y •ff 9 II vK.�l L- •tfJ \. . /r•''. '1' 99 .• •1. .. rr ` .\d; /1 II .]- „1••4 3, 1 GR IS19 1 GR. .=01,7 ri.. - _ .J( ,..... ..__ , .„, „„k„, 11 ._or..115 ''-. ` J°.�,=I.. IOa.i_ r!{ 1 :' .. • �f• s - �.-.,�g'.fir •.] C�1 _ - 1 i•� r- � °at ',I^_. .. - •ii:• :i, 1 _ 1 ,_ , 1 tr .1 ®, v _ —�_..' ]A. / SB .- r/ • �I.� 'r�lO ,.'•..• .. "'':ii Sd.ai l 1 , ` �` '—Utr-\gli;.l(:J1D1�`: ..•` ••.i3 • le. Iy ..1x7"iia `- - r G?i •'5''4',-,,,-k r,-...:.. In .nVwar.'°" .. •' �... l ;.' , �, \ a` /_ �'.:",_•\'-'•,----11•7:---7._ " ` le • Ohm '��, '.d.n I .:iii. •0, ii<]ET;n :•r' t .'�\ '\���'. 1_1 ml '1 �Tr'fti' f.. �-...._. -' - ;I ' -a_ 1 1 \,, ..r)' ,l r 'C'2..�.' '^nu- a r.:. • ]I 1�9 71 a .. .. 1 j''''''c- �� • ` r 1• `�' ' �7 a e--� ... z ... :?- ••`"� ...DO • 6-':: ,:,.1.;:,/,!5,1.•fn • i�. ,� • A1 'u. 46i( !s ! ,`/'///`^_ a ?- a A Z i 7�' , r4a. Lt.. ,..,1,...4.'}.V `R AwM--•..c.v.l /J• 4'C'Y *\n : {LI�i�' y .re \R f•l iT'.....-.J j I. 1,',•• . r{ w 1{ A.. . r..'...\._ • ':1273..:, �,!, a^. / • ; 1 c• • L_� ei :a2 1 l z!^ 1 ^e ]o "�' -.7.:,,,,,, is sn rJ �Jp I • 1". 37- :� 1 1— 1 ` ii'1t t �� 11 d' u1•j7��j 67 Ga1� � wi �1 • n�` 12]J 2J _e se..../„G:y:<x• • • `+ L _r :�.A.:�. • • 1 } oke• "1 O- ,�;�':. O 1 ,°r.'.” '° I • S''• ..°- \1 _ L \tt-A eS I. :le▪ a"'` !•'[ I. 3 * 1' •+-_ =°'.-.-............ -1 • ne'rs.•.al v/wf 07 a ` \y\� a �f r ••� 1 03 • • ie. ir"`"' .-..\-....;rv., r-.. `1 s`• _ _ 1 .::i: 17 fF"1rY. • .::'i.BJit.i'TO•L VGE y '] ~ JT O 7.61.6a1.6 eo e c uc f,nye . ' 1( lam Is la , . , ,3• pee •12.' If�7a: •Y. as • s 'a ] • ra....r[..,rr.=..,c • I.. :t.•y 1 J '.� 11`.�_ Ira_�- `----- " -- -- ....r r.°' .... . • • :.:'..r..� L9` . ., \-: f - - - �o...•.r_/ Zoo, 6 Se 6 /'/ar GB ''� /�F'�O'' I, n.. c.-....; ,1 S -'1 •- - . . '..r WI,,_.,,.,. =° ,•,.....7..c......., .F.¢r -•o s . 6 4- us • n'l I` •‘ --- .re 6 J,e S /e/ OG - 'srl re7'fr -pa z..,4,...• ECISZEMEM CEL - . • / Cr.[CJ.Well MCA J.H ALA./LGWA/f; 1 ` P _ • 1 '..f.--�•--,•9,=. � � -__— . • - PU.�KAPl1' CEMErE��( -�QRc,EL EX�IIP�IT INTRODUCTION • INTRODUCTION The Parker Ranch Foundation Trust (hereinafter referred to as the "Trust")seeks as part of its 2020 Development Plan to develop a portion of its land within the Waimea area. The plan envisions an improved shopping center, historic walking and jogging paths, heritage center, and residential lots. The development of the Trust-owned lands will affect three (3) sites in particular as these sites lie within the development targeted areas. These three sites contain burials aged 50 years, or older, which thus fall within the purview of the Hawaii Island Burial Council. The sites discussed herein will be referred to as the Duncan-Lanakila Cemetery (LCA 3682, Grant 5977,TMK: 6-7-02:17 p or.), the Waimea Town Center Project, further known as Yutaka Pen (Grant 4198, TMK: 6-7-02:17 p or.), and the Puukapu Homestead Project Area (Grant 4584, Lot 48, TMX: 6-4-01:42). See Exhibits "A" and"B" This submission treats each of the three sites separately, stating the Trust's preferred position regarding permanent disposition as well as presenting an alternate treatment. In two cases, plans for interim protection are proposed to ensure that the burials will be safeguarded during the period of consideration by the Hawaii Island Burial Council and the time of the prospective development targeted for each site. 4 NOIILVIIN O 6 • ORIENTATION PARKER RANCH EXPANSION PROJECT DI7NCAN-LANAKILA CEMETERY The Parker Ranch Expansion Project (hereinafter referred to as the "Duncan-Lanakila Cemetery"), so named for two old-time families associated with paniolo times in the early ranching days, is a large,well-established cemetery located to the south and east of the Pukalani Stables or Trust-owned lands. There are at least 16 clearly defined burials, both cement-formed as well as Iess formalized rock mound type, within a one-third acre parcel. Therefore, within the context of this document, the site is referred to as a "cemetery" because of the concentration of well-defined burials. The parcel was, in its early days, surrounded by a rock wall. Today, the rock wall bounds two sides of the cemetery and fencing on the'other two sides completes the enclosure. See Exhibit "C ". At one time, the rock wall was breached to allow egress to the larger pasture for cattle and horses which had wandered into the area. Historical reports indicate that there was once a residence and truck farm owned by the in-laws of Yutaka Kimura, a former Ranch assistant livestock manager, immediately to the west of this site. (Erkelens, 1994) Those families associated with the Duncan-Lanakila Cemetery, according to records available to the Trust are: Duncan, Lanakila, Kahakauila, Kaimuloa, Koki, Parker, Hopulaau, Maguire, Stillman, Kaanaana. 5 WAIMEA TOWN CENTER PROJECT • YUTAKA PEN The.Waimea Town Center Project (hereinafter referred to as "Yutaka Pen") is a high-use paddock located to the immediate south of the Pukalani Stables on Trust-owned lands. The paddock is part of an active center of ranch work conducted near the heart of the land owner's operation. In years past, Trust records indicate that the area contiguous to this pen was a residential area for employees of the then Parker Ranch. The location of this single burial is apart from the known residential section in what has always been used as a working paddock. Further, although there are a number of family names associated with the site, there is no information thus far, either from the Trust or lineal descendants as to the identity of the iwi interred in this site. This single burial is located some 500 yards west of the Duncan Lanakila Cemetery. Those family names associated with this site are: F.R.H. Fraser,Kaaiunahi,Kihoi, and Koki. 6 3 - PUUKAPU HOMESTEADS PROJECT AREA PUUKAPU HOMESTEADS CEMETERY The Puukapu Homesteads Project Area (hereinafter referred to as the "Puukapu Homesteads Cemetery''), so named because it is located within the ahupua'a of Puukapu, consists of seven (7) assumed burials. Although this site is located at least 1.5 miles from the center of Waimea proper, it is part of the Trust's overall Development Plan. The larger area, a 30-acre parcel, is expected to be subdivided into residential lots of various sizes. The burials will be set aside in place as a separate area within one of the lots. Design for easy access to the burials within the completed development is a priority_ Lineal descendants who are associated with this site are: Koki, Kairluloa, Kaanaana and Kahoohanohano. 7 , . . •--- • • • • . _ . . a ..-:-.. Basalt _-...... . . •- ...•. ... boulder .:•:••:•::::"r.11. ---::-::: II e..i., "saw 410.:11114-..._-44, #.47,7 447-. Vli, • . • 4,.." '4 Para... • 4-iti; -1/•' ..-!::::::-- ...... eiaii, AriTiv. :;--::::!-- .::::::::-;:- • *.s„n. it)% •,:.:.. ....:::::::::z. 'z'sd: . 4,14: z;-:::::;;-• " - • • . *,.. ' Iris, NI,Jto, t,--. ,,, ,,,, Concrete lifi4;\ r ii.,,-1 , crypt .- b. 4 / - • • •-•?. A Basalt t.4\ 4......- ALI,Ti 11: , .419.0 oivr,..., * -4, boulder At ,,...-..,,,e ...L. •:.41t., Air -,--- jrf ..-:-•:-::. N.<40.'"ai,.. P - AV k2V • V: ?:. 'me4m.. Probable grave ' ii .....,,, 411t-4. 4444.,, .6,4110,. nti406. ' •i..tif.":' , •Witi.. e ,...6, ••• ,,,, .... . . . .• .40•014. locations . "--.".... • . 4....-41 . 4- SVIN ./.. V. 44.44, '`. .. .*. -. it., • ':''‘, ." •' *- -ilaV lifi. • -. Ige Key 'Nue,. Ally -4...*:-IPP•P 2.-----' Mound S c a[e 0 2 4 6 meters Sketch map of the Duncan-Lanakila family cemetery Exhibit "C" . .. BURIAL TREATMENT PLAN PARKER RANCH EXPANSION PROJECT DITNCAN-LANAKILA CEMETERY • L DUNCAN LANAKILA CEMETERY LCA 3682, Grant 5977 TMK 6-7-02:17 (por.) Orientation: This family cemetery is located southeast of the Parker Ranch Center and Pukalani Stables. This burial site is a well-defined area containing approximately 16 individual graves. The cemetery consists of two adjacent stacked basalt boulder enclosures, a concrete crypt and a number of burial mounds. The enclosing walls of the cemetery are aligned with the boundary walls of Grant 5977 awarded to Ella Duncan. The main enclosure at the cemetery is approximately 13.5m x 7.4 m with walls"averaging 80 cm in height and width. In the center of this enclosure is a concrete and basalt crypt. A concrete top to the gabled crypt is broken, collapsed, and is visible having fallen within the crypt There are no markers or inscriptions readily evident on any of the crypt facings. Also within the main enclosure are four low grave mounds. As with all the burial mounds in the cemetery, the border of each mound is defined by a single course of large basalt cobbles and small boulders. Within the basalt border the graves appear as rectangular, 20 cm high earth-filled mounds. No headstones are located anywhere within the cemetery. (Erkelens, 1994) A second enclosed area is attached to the southern corner of the main enclosure. This rectangular enclosure is approximately 9 x 6.8 m with collapsed walls averaging 30-40 cm in height and 80 cm in width. Two mounds are evident within this enclosure and there is space for two additional burials. 8 One of the mounds within this enclosure has a rough, basalt boulder on top. It seems only to serve as a simple marker with no inscription. (Erkelens, 1994) In 1993, this area was overgrown with weeds and had been in disrepair for over 40 years. Daisy . Lanakila Coleon came to the Trust and asked that it be restored and that other unmarked burials from the pastures be placed there (Erkelens, 1994). Although the area has been cleared of the overgrown vegetation, a final restoration will include rebuilding the enclosing rock wall, fencing the burial area outside the cemetery's rock walls, landscaping and providing access. Owners Position Regarding Burial Site: It is the owner's position to preserve in place all burials located within this site. In addition, Parker Ranch Foundation Trust is proposing that the area contiguous to the Duncan-Lanakila Family cemetery be established as a permanent location for the reinterment of unmarked, inadvertent burials discovered during the course of development. Cemetery Area: Parker Ranch Foundation Trust has set aside and dedicated the Duncan-Lanakila Cemetery and adjacent area, which includes a total area of one-third acre, as an appropriate location for the interment of all unmarked, inadvertent burials discovered within. the project areas. Development is not envisioned in this immediate area, and the site is intended to be, and serve as, a cemetery for any inadvertently discovered burials encountered during the evolvement of the Ranch's various development projects. Establishing this burial area will provide for the future security of the reinterred near their place of origin. Fencing: The fence will be constructed of woven wire and stand at least 42" high. The existing rock wall is at least 15 feet from the closest burials. This rock wall has served as the buffer between 9 the-cemetery and the ordinary ranch operations for many, many years. In effect, there will be two permanent buffers surrounding these burials: the existing rock wall and the woven wire fence. Landscape: Proposed landscaping at this site will feature an 'a'ali'i hedge along the north side of the cemetery, red and green ti plants clustered with naio, ho'awa, and 'ohi'a lehua trees in the interior section and 'akulikuli spot-planted in the rock wall along the eastern side of the cemetery location. 'Ohl'a trees, 'a'Ii'i, and red ti plants will grace the entrance to the cemetery. Access to water for flower offerings will be provided as will trash receptacles. See Exhibits "D" and "E" for additional details. Access: Access to the Duncan Lanakila Cemetery will be off of Pukalani Road, and will be accessible by two-wheel drive vehicles. A graveled area will be maintained at the burial site for ease of parking. Access to the burials will be arranged through the Parker Ranch Foundation Trust Commercial Properties Office, Leah Young, Manager, 885-7178. Lineal Descendants: The following family names were published in newspapers having a local circulation soliciting for lineal descendants: Duncan, Lanakila, Kahakauila, Kaimuloa, Koki, Parker, Hopulaau, Maguire, Stillman, Kaanaana. The notice appeared in the Honolulu Advertiser on March 17, 1996, the Honolulu Star-Bulletin on Mauch 20 and 22,. 1996,. and. in West Hawaii Today on March 17, 20, and 22, 1996. Following the mandated 30-day response period, Norma Laulani Kihoi Adams, Eric Calvin Edsman, Sr., Madeline Vierra Hayashida, Elizabeth Leilani Kaimuloa Kaahanui, Herbert Napuakalani Pratt, Jr., Hannah Kihalani Springer, Gloria K. Wong and Beatrice Hali'a • 10 Kihoi Wong came forward as representatives of descendants, and were granted lineal descendant status at the meeting of the Hawaii Island Burial Council held on August 15, 1996. 11 • • • • • • • • . • 4• ../-lti '7. • /I . • • • • • • • • • • `.rte, ``��4.- ...4 S:dC'. ,.`. -''.�=',_:F•.. _ ' - . •`1 Y �....Dv.�.. -l/ r �.i. `• `,� -S-.: �- -fes . :-L., `'�,Y^-��-v.�--,CPN ? - .t- _ _____:.....J. , _._—____1_—=4_—________I—.. r j ' �� c. ^ :j^` jJ P ` �I • .._�. ,- —_ !I I �%��.I ]�} , ���^ ` -- - r ��^ s - ^G_�2 L�l�� -^`rs-y:: — e.'2,1...--,--..w,-----,7);-..-----q-N- .- -^. - • • • • DU.NCAN LANAKILh CEI-\r T ERY • • VI EW TOwARD5 WA,PIo.•kt iD ;I Kos i?AS . Qj90 • • " ELEVATION VIES • - EX}TI IIT Q. 1 GREEN TI , f11SULIK'.JLI EXI!STIN G ROCK, WA._.1- T--0- / ..-.. ...- a 3 ( , • 7I r r�W/\ f i 11119 ' CONCRE-TF. CR`f PT BASALT ROCK miff __„_ '. NtvJ , •., l ��•1 fl - c . [Icg _ __ �.�,� &R�Eh( TI ,LI 'I jc? Ian, PRoEAaLE.. �sRVE L..o::a,TIONS I, f 0 VARIOUS BURIAL. MOUNDS a iT,/,‘.SAL7 ROCK .EN TI MAUNA Ka, -IA LA. • 0” 'OH 1'r'\ amiammi.rW• DOD P0ST azo WATF'R1* LITTER • i 'A'KLI`I & TE DARREL,. 'WOVEN WIRE FENCE_ I Ev EN .SLOPE \ N . .. DUNGAN LANAKILf\ GENET ERY NOT TO SC,P�L.�. .9/96 R,wA,LL.R, ----1 FLAN ViE J .. :IA - ffx1-11[31T 5 BURIAL TREATMENT PLAN WAIMEA TOWN CENTER PROJECT YUTAKA PEN WAIMEA TOWN CENTER PROJECT Grant 4198 TMK 6-7-02:17 (por). Further known as Yutaka Pen Located within the Kohala 'okana in the ahupua'a of Waimea in the 'ili of Pu'u Kapu., and further described as the'ili'aina of Pukalani Orientation: This enclosure,is south of Pukalani Stables along the dirt road leading to Puehale Pen. The burial is located in the midst of what is an active, working paddock system. The enclosure ofYutaka a Paniolo and a where the burial is located was named Yutaka Pen in honorKimura, former employeemon of Parker Ranch. Testibefore the Land Commission indicated the land was Y first occupied in 1845 when William Beckley became konohiki and began parceling out portions of Puukapu. The parcel within the enclosing walls was awarded as LCA 4198 in 1848 to Kaaunahi_ There were five families residing there at the time. (Erkelens, 1994). A set of human remains was found near the southwest corner of the Iot adjacent to a section of dismantled wall. This wail, which appears intact in a 1925 air photo, had been of similar construction to the remaining kuleana lot's enclosing walls. .An intact human burial was discovered at 60 cm (2 ft.) below the surface. The burial had been placed on its right side, in a flexed position, with the head oriented to the north_ The burial appeared to be undisturbed. Only a small portion of the burial was exposed by archaeological excavation. (Erkelens, 1994) 12 • Historical and archaeological evidence indicates that habitation of the Yutaka Pen area was unlikely prior to the mid-19th century. In addition, artifactual evidence suggests extensive use of the parcel during and after the mid-1850's. It is probable that the individual buried in Yutaka Pen was interred during the Historic Period. With the exception of the nearby Duncan Lanakila Cemetery, there are no additional known burials. (Erkelens, 1994). The earliest landowner of record was Kaaiunahi through LCA 4198. Title passed to F.R.H. Fraser, and then to Robert Kihoi and Laulani Koki Kihoi in 1939, and eventually to Parker Ranch. These family names were published in the public notice soliciting for lineal descendants. The notice appeared in the Honolulu Advertiser on March 17, 1996, the Honolulu Star-Bulletin on March 20 and 22, 1996, and in West Hawaii Today on March 17, 20 and 22, 1996. Following the mandated 30-day response period, Norma Laulani Kihoi Adams came forward as a representative for the descendants, and was granted lineal descendant status at the meeting of the Hawaii Island Burial Council held on August 15, 1996. Owner's Position Regarding Burial Site: . It is the position of Parker Ranch Foundation Trust to relocate the remains Iocated at this burial site to the Duncan Lanakila Cemetery. See Exhibits "F" and "G". In the alternative, should the position of lineal descendants be to preserve this burial in place, it is the position of the Parker Ranch Foundation Trust to respect the wishes of the lineal descendants. In the event that lineal descendants elect relocation, Parker Ranch Foundation Trust will work with a designated family representative during the relocation process. 13 INTERIM PROTECTIO YLPLt� • Introduction: This burial site is located in the midst of an active, working paddock. The interim protection plan is intended to provide adequate, reasonable protection to this site during the-period in which the Parker Ranch Foundation Trust tenders its proposal to the Burial Council and lineal family • descendants. There are two possibilities for permanent treatment of this burial site which include preservation in place and relocation and preservation at the Duncan Lanakila Cemetery. Fencing: A fence consisting of 16' bull panels (welded steel mesh) has been erected as an interim protection measure. This temporary fencing is intended to remain in place pending final determination of the Burial Council and lineal descendants. Buffers: Estimating a 3' x 3' burial area, the fence, consisting of the 16' bull panels will be placed at a distance of approximately 7' from the edge of the established burial area. Landscape: No landscaping in addition to the existing kikuyu grass is intended in this area during the interim protection period. Access: Access to the burial will be arranged through the Parker Ranch Foundation Trust Commercial Properties Office, Leah Young, Manager, 885-7178. 14 • PERMANENT PRESERVATION PLAN Introduction: In the event that lineal family descendants elect preservationin place, it is the intent of the Parker Ranch Foundation Trust to implement the following methods to secure the safe and dignified preservation of this burial site. See Exhibits "F" and"G". Fencing: The fence will be constructed of woven wire and stand at least 42" high. A small access gate will be provided to allow entry into the enclosed area. Buffers: Estimating a 3' x 3' burial area, the fence, consisting of 42" high woven wire will be placed at a distance of approximately 7' from the edge of the established burial area. Landscape: No landscaping in addition to the existing kikuyu grass is intended in this area during the permanent preservation plan, so as not to attract grazing animals. Access: Access to the Yutaka Pen Burial Site will be off Pukalani Road and will be accessible by two-wheel drive vehicles. Since this burial is within an active livestock pasture, access to the burial must be arranged through the Parker Ranch Foundation Trust Commercial Properties Office, Leah Young, Manager, 885-7178. Lineal Descendants: The following family names were published in newspapers with local circulation soliciting for lineal descendants: F.R.H. Fraser, Kaaiunahi, Kihoi, Koki. The notice appeared in the Honolulu Advertiser on March 17, 1996, the Honolulu Star-Bulletin on March 20 15 and-22, 1996, and West Hawaii Today on March 17, 20 and 22, 1996_ Following the mandated 30- day response period, Norma Laulani Kihoi-Adams came forward as a representative of descendants, and was granted lineal descendant status at the meeting of the Hawaii Island Burial Council on August 15, 1996. Mitigation Plan: Should additional human remains be discovered in this project area (6-7-02:17 (por). the following procedure shall be followed, for all human remains to be removed for reburial. After notifying the SHPD, burial remains will be disinterred following standard archaeological procedures in concert with traditional Hawaiian cultural practices, or with the wishes of the designated family spokesperson. All the relevant material culture items associated with the burial will be retained for reinterment with the remains at the appropriate time. Appropriate storage facilities, in a secured, lockable area, are available at Parker Ranch, to temporarily store any human skeletal remains and associated materials. If skeletal remains prove to be other than Hawaiian, final treatment will be determined by the SHPD following consultations with Parker Ranch, and appropriate representative organization. 16 . bk A4 a. VIEW TD KoHAL,, ELEVATh)N VIsi SkJ KOHALA TO PADDocK &ATF IW,DVERTANTLY DISCOYERED BURIAL T.. PO5T EVEN )6RhDUAL 5LOPF- / GATS y • `fe HIGH,wbvGN . woOD PoST WIRE FENCE MAUNA KEA - YUTAKA PEN PLAN viki EXkI'IT F GREEN TI AKUL!KU•_I X1STING- ROCK `NAIL. ... *-"------------,49,,-..--."..----A.,--.t.—=-,--g5A---- -.1v=e:.---,5-....--:—.7.„--„-Ev. -.--..----a.„3---.6.--c. f"`z t HJ:��`;.� CONGRE i CR1"PT "s 6AS ..LT RLc ciff f<`` '',tet _ . Nor-I0 . 1 fil J -.,.Ati, \'fNLl c t r- c Ii I �.. i ao' . } PF%Oofi3L . GRAY_.RAYLOCATIONS i 0 \ . i VARIOUS BURIAL MOUNDS j.0 a a I1'\L7 ROCK GREEN TI h\,'u Nr's KE.a I. i DHL REINTERRED FRO/A 1 UT,°`KA P=N 43'.4.16 OtiIA 11111111111110 W. , 1.60' 0 WOOD PO.5 T ��NA'i"P R LITTER A SLI I OTE bAt,FaL. Lta: WOVEN WIRE. FENLE. I EV' SLOPE I < N cm .N Y UTAKA REINTERNI'1ENT IN . x NOT TO �C.rtiLE EN L1�NIiKILA C�.��C T E� DUNG9/96 r..,N.,....',..-R, FLA VIEVi Q.) tXHIE T G BURIAL TREATMENT PLAN PUUXAPU HOMESTEADS PROJECT AREA PUUKAPU CEMETERY • PUUKAPU HOMESTEAD PROJECT AREA Grants 4564 (Lot 48) TMK 6-4-01:42 Orientation: Seven burials are evident within this 30-acre parcel. The parcel has been in use as a pasture for many years. The burials are located at the top of a small, grassy knoll_ Surface indications of burials include one arched concrete crypt, two concrete forms, one low basalt that may also suggest the presence and a number of platform,. one low earthen mound, depressions of burials. The grouping of burials indicates a family cemetery which has existed over many generations. This family cemetery is located approximately 500 yards from Mamalahoa Highway in a northerly direction. Owner's Position Regarding Burial_Site: It is the intent of the Parker Ranch Foundation Trust to preserve in place the burials located in this parcel. Please refer to the sections discussing the Interim Protection Plan and the Permanent Preservation Plan which constitutes the owner's Burial Treatment Plan. Several burials were identified on this property known as the Puukapu Homestead Project Area. The earliest landowner of record of Grant 4564 was W. Kaanaana, with the right of purchase lease issued to W. Kaanaana on October 1, 1897. Land Patent Grant 4564 was duly issued on this right of purchase lease on March 29, 1902. Thereafter the property was deeded from Joshua Koki to Paul Kaimuloa, William Koki and Victoria Kaimuloa, and eventually to Parker Ranch. 17 INTERIM PROTECTION PLAN Introduction: This burial site is located within an active livestock pasture. The interim protection plan is intended to provide adequte, reasonable protection to this site during the period in which the Parker Ranch Foundation Trust submits its proposal to the Burial Council and lineal family descendants. This burial site is intended to be preserved in place. Fencing: A fence consisting of a combination of wood and metal "T" posts and 42" high woven wire has been erected as an interim protection measure. This fencing is intended to remain in place pending final determination of the Burial Council and lineal descendants. • )3uffers: Estimating a 4,000 square foot burial area, the fence has been placed at a minimum distance of approximately fifteen feet from the established burial area. Landscape: No landscaping in addition to the existing kikuyu grass is intended in this area during the interim protection period. Access: Access to the burial will be arranged through the Parker Ranch Foundation Trust Commercial Properties Office, Leah Young, Manager, 885-7178. 18 PERMANENT PRESERVATION PLAN Introduction: It is the intent of the Parker Ranch Foundation Trust to preserve this burial site in place, and to implement the following methods to secure the safe and dignifiedpreservation of this burial site. See Exhibits "H" and"I". Fencing:. The constructed 42" high woven wire fence will remain. A small access gate has been provided to allow entry into the enclosed area. • Buffers: The 4,000 square foot area creates a buffer of a minimum of fifteen feet. Landscape: No landscaping in addition to the existing kikuyu grass is intended in this area. Access: Access to the Puukapu Burial Site will be off of Mamalahoa Highway and will be accessible by two-wheel drive vehicles. Since this burial is within an active livestock pasture, access to the burial site must be arranged through the Parker Ranch Foundation Trust Comme=rcial Properties Office, Leah Young,Manager, 885-7178. Lineal Descendants; The family names of Kahoohanohano, Koki, Kaimuloa and Kaanaana were published in the public notice soliciting for lineal descendants. The notice appeared in the Honolulu Advertiser on March 17, 1996, the Honolulu Star-Bulletin on March 20 and 22, 1996, and in West Hawaii. Today on March 17, 20 and 22, 1996. Following the mandated 30-day response period, 19 • Norma Laulani Kihoi Adams, Eric Calvin Edsman, Sr., Madeline Vierra Hayashida, Elizabeth Leilani Kaimuloa Kaahanui, Gloria K. Wong, and Beatrice Hali'a Kihoi Wong came forward as representatives of descendants and were granted lineal descendant status at the meeting of the Hawaii Island Burial Council held on August 15, 1996. Mitigation Plan: Should additional human remains be discovered in this project area (TMK. 6-4- 01:42) the following procedure shall be followed for all human remains to be removed for reburial. After notifying the SBPD, burial remains will be disinterred following standard archaeological procedures in conjunction with traditional Hawaiian cultural practices. All the relevant material culture items associated with the burial will be retained for reinterment with the remains at the appropriate time. Appropriate storage facilities, in a secured, lockable area, are available at Parker Ranch, to temporarily store any human skeletal remains and associated materials. If skeletal remains prove to be other than Hawaiian, final treatment will be determined by the SHPD following consultations with Parker Ranch, and appropriate representative organization. 20 i . . 1 - • L\ l.. I lc ' • 1 L., 1 N it1 i .' I u t t W ccI • t I O 1 Z o S • It z ` l • �. • 5 AC MARKET W E LG S Ici i OD Ii I --- / ..) .t . l -4411114 • . } !IV lop fuuKAPLI 4,,, ill =CEMETERY ir 1 • .i , __ _.___• . //,7 , lB • 2B \fl - . . \4 r - ' 11.- : A it..�� E,. r 1 .1 _ rt 1 - ,i Id u.1 I/ l iiil if,: , 1 1 1 1 �� _ 1 1 / EL .j E.) _ 1 i sit1 7-Tr;7-- •- I ii—T.0•_.':.7;El: 1 ' u1 f •\ :r _ t 11 1:OR t.. D f -.�� l � t / TotFrp-47) - rivEA OO OO 1 I 1 o ! r 1 : �'/ --1-----____ ._ ,( J ray L---- , l r 1 i-ki -. ! 1112 MN / 4 ..-, , \,_ -ALA- -,,,m.: 1644 . -• -- FuUKAFU CEM P-( --'*) amu, L o0-ATI 01-4 t-4.4,-17 I'> f-IM1NAYY PLAN - - ..a IIA5Cp6T 1 V A 19VG0 t9 AK iru Ghibl nvCC urn KR,Ir. r• n - 0 0 . . - - L______}) .X.1ST1NG CYPRESS . TREE-.3 _ S 6 INA \/ERTANTLY DISCOVE.f��.D BURIAL r----- : R DCK ?L T FOMA. b-' I ENI _ PE VA? LIT^i`E_ r; CONCRETE CRYPT <': JY' _ \s IST C . . 1 Ci ri\UCE: L111 ' • I. DEFRE5SION � V Y O Or; - '- r P 0 5T • V6F a „T Po5-Til `-fi-a:' -H1 C7I-1 wOV 1 . LOPE--- AVV Y I PUUKAPU GMT .R1 N - . PLAN VIE!A SL.r L x ' 10' 9/96 F .W. • • 966 r )\ i-i-w-]/D ndNnnd 1 t • • 1. '-' .—a. nomf,� i� :::-3...;_ ..........,----4 ------7,,.. .---------'1 ' n �'� !� �!,. . 1 '� �y ?'--._�•'� "-'�"'� _' y� `yam- /0:1. * ylfr • "Hil 3 i I • "rjr '" ! ...ii .,...,...----.. _ _ • _.. . .. i....,,,, /, ,.: / , rii„. 1 ...-„-, . .\. c:::/21 ! ! \\\, ..1„- \ it , ' b'x L. • !, <-,.1., /y1/1' ....::. .111 -� �- 'J� � -, :i / I Y. if I Ly-- ,_)---) . IC:.-r? 7 .. • I . ., e .. ..(-1 1$ . _. ,/ .. ,, :..._ ‘C .S.... 1:>. : .'. j 24 l' +•,..,..: \`T' el.w�./��`• .........e--- tii I---J=.' .tom 2?)._e_ • J . -- fi , • '' , -may ' • . ... fry C . . • , , r POLICY RELATING TO INADVERTENT DISCOVERIES POLICY RELATING TO INADVERTENT DISCOVERIES Should additional human remains be discovered in any of the various, on-going development projects of the Parker Ranch Foundation Trust, the State Historic Preservation Division, Hawaii County Planning Department, and the "Trust" will be notified immediately and construction work will be directed away from the immediate vicinity. If multiple skeletons are discovered (indicative of a cemetery or burial grounds), Hawaii Revised Statues (§6E-43.6(c)) mandate the State Historic Preservation Division must determine if removal is warranted within three working days. If an isolated single burial is discovered a determination will occur within two days. It is proposed that in the case of isolated burials, removal of the remains and reinterment to Duncan Lanakila Cemetery be undertaken to prevent additional disturbance in the future. The following procedure shall be followed for all human remains to be removed for reburial. After notifying the SHPD, burial remains will be disinterred following standard archaeological procedures in conjunction with traditional Hawaiian cultural practices. All the relevant material culture items associated with the burial will be retained for reinterment with the remains at the appropriate time. Appropriate storage facilities, in a secured, lockable area, are available at the Ranch, to temporarily store any human skeletal remains and associated materials. If skeletal remains prove to be other than Hawaiian, fmal treatment will be determined by the SHPD following consultations with Parker Ranch Foundation Trust and appropriate representative organization. 21 APPENDIX A STATE HISTORIC PRESERVATION DEPARTMENT REVIEW LETTER MICHAEL D.WILSON.CHAZAPIE13OR BENJAMIN J.CAPE TAt10 4. o• ,, + @OARI]OF LAND AND NATURAL RESOURCES GOVERNOR OFHAWAlI �► .�r•' f� DEPUTY GILBERT COLOMA-AUAAAN � a AQUACULTURE DEVELOPMENT PROGRAM STATE OF HAWAII AQUATICRESOURCE3 CONSERVATION AND DEPARTMENT OF LAND AND NATURAL RESOURCES ENVCONSERVATION OH ANDD AFF.J� STATE HISTORIC PRESERVATION DIVISION RESOURCES ENFORCEMENT 33 SOUTH KING STREET. 6TH FLOOR CONVEYANCES October 23, 1995 HONOLULU,HAWAII 9681.3 FORESTRY AND WILDUFE HISTORIC PRESERVATION DIVISION LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT Edith Kawai, Esq. Attorney at Law P.D. Box 160 LOG NO: 15792 Kamuela, Hawai'i 96743 DOC NO: 9510EA14 RE: Burial Sites Affected by Proposed Waimea Town Center Development, Tax Map Key (3) 6-7-02: 014, Waimea, Hawai'i Dear Ms. Kawai: Thank you for attending the October 19, 1995, meeting of the Hawaii Island Burial Council (council) and providing background information on the project and the family burial sites. Please clarify in writing- which of the family burial sites, including Spencer/Bright, Duncan/Lana kila, and Ka'ana'ana, will be affected by the current project development. There appears to be some confusion on this point. The interim preservation plan submitted by International Archaeological Research Institute, Inc. (IARII) identified all three. In addition, there was a verbal representation made to the council that Parker Ranch would zone around the Spencer/Bright v an interim twentyfoot bufferfamily burials. The observe State Historic Preservation Division (SHPD) concurs and wishes to confirm the same. The interim preservation plan submitted by IARII provided only for a ten foot buffer. Moreover, the council requested "no trespass" signs be erected in the vicinity of the Bright family burials. The S}-IPD formally requests that Parker Ranch provide the signs as an additional interim protective measure. The interim preservation measures including the twenty foot buffer and "no trespass" signs should also be applicable to any additional family burial sites determined by Parker Ranch to be affected by the project development. The council voted to recognize Ka'iana Haili as a lineal descendant of the Bright family burials based on SHPD review and recommendation. In addition, a review of records submitted by Elizabeth Ka'ahanui for the Ka'ana'ana burials is ongoing. Furthermore, the council requested that legal notices be placed in newspapers to notify family members of the proposed project. Although SHPD did not require publication, we thank Parker Ranch in advance for agreeing to the council request. • Edith Kawai, Esq. Page 2 Notices should appear in a local newspaper (i.e. West Hawai'i Today) and a state wide paper (i.e. Advertiser or Star Bulletin) for three days including a Wednesday and Sunday. Enclosed is a sample notice. Please append a copy of the published notices and proof of publication for each in the burial treatment plan. The council expressed a preference for preservation in place. Where relocation is requested, Parker Ranch may wish to include a section in the burial treatment plan that addresses feasibility of preservation as compared to relocation in terms of cost and effect on the project. This information will provide the council with a more complete record of the concerns involved and assist in the balancing of interests: The SHPD will await submittal of a draft burial treatment plan for review and acceptance. Finalization of the draft plan should not occur until the thirty day period for.notice response is completed. During this time, claimants will have an opportunity to submit information for review by SHPD and a recommendation to the council whether to recognize the claim. Once the burial treatment plan is accepted by SHPD, please provide thirteen copies. Thereafter, at the request of Parker Ranch, the matter will be placed on the council agenda for a determination of burial treatment. The council indicated that scheduling of a site visit at this time would be appropriate. If there are any questions, please contact Edward Halealoha Ayau, Esq. at 587-0010. Sinc- ra 0 N HIBBARD, Administrator State Historic Preservation Division EA:jk (1) enclosure c: Punahele Lerma, Chair, Hawaii Island Burial Council Kai'ana Neill, Bright Family Lineal Descendant APPENDIX B LEGAL NOTICES AFFIDAVIT OF PUBLICATION State of Hawaii .. SS. County of Hawaii A. M. CANDELARIA, being first duly sworn, deposes and says: 1. That she is the advertising Clerk of WEST HAWAII TODAY, INC. , publisher of West Hawaii Today, a newspaper published in the City of Kailua- Kona, State of Hawaii. 2. That the a UNMARKED BURIAL SITE "NOTICE NOTICE IS HEREBY GIVEN that Parker Ranch has identified family cemeteries on its property at Waimea, Couth Kohala, Hawaii, Tax Map Keys 6-7-02: 14 ," of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) March 17 , 20 & 22 , 19 96 (etc.) . Subscribed and sworn t before me this tk day of 19 QG O t7L Notary Public, Third Circuit, State of Hawaii My Commission Expires CluA4, 44'1 . 04-03-96P,2 :45 Rcvn - AFFIDAVIT OF PUBLICATION State of Hawaii County of Hawaii- SS. A. M. CANDELARIA, being first duly sworn., deposes and says: 1. That she is the advertising Clerk of WEST HAWAII TODAY, INC . , publisher of West Hawaii Today, a newspaper published in the City of Kai1ua- Kona, State of Hawaii_ 2. That the " UNMARKED BURIAL SITE NOTICE NOTICE IS HEREBY GIVEN that Parker Ranch has identified family cemeteries on its property at Waimea, Couth Kohala, Hawaii, Tax Map Keys 6-7-0 : 14 ," of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) March 17, 20 & 22 , 19 96 (etc.). Subscribed arid sworn to before me this ► ' day of �' -+�' , 19 '(-0 422- a Notary Public, Third Circuit, State of Hawaii My Commission Expires lei q(7 UNMARKED. BURIAL SITE NOTICE • - � - - --. - _ :•• . - -• ..-. UNMARKED BURIAL SITE NOTICE NOTICE IS HEREBY GIVEN that Parker Ranch has Identified tarn: NOTiCE-IS HEREBY GIVEN that Parker lunch has Identified tam- ' - ily cemeteries-on Its-property at Walmea,-South Kohala, Hawaii, -_ - = ' Tax Map Keys 6-7-02:14;6-7-D2:17(including an area referred to • ��e��-�Property at Waimea, South Kohala, Hawaii, , as-PuukalaM Stables and Yutaka Pen) and 6-4-01:42 (Puulcapu Tax Map �'7"a�14;ti-7- 17[Including an area referred to ' Homesteads}that they be affected by the current Waimea Town las-Puukalattl �� and Yutaka Pen) arid 6-4-01:42 (Puukapu , Homesteads) that may be affected the current Waimea Town Center Project/2020 Development Project or other development - "Center projects. ,.--.:-----1.:�. -_ ._ ProjectrL020:Development Project or other development ' The burial sites are -..:• •:.— ~� projects. = a Kf+:i• r • • assumed to be Native Hawaiian and Historic. - . ' - and proper treatment shall occur in accordance with sections 6E- � The burial sites are�asstmted.to ba Native Hawaiian and Historic. - 43 and 43.5. HRS.The decision to preserve in place or relocate and proper trestrnent shaIl occur-in accordance with sections 6E- shall be made by the Hawaii Island Burial Councll; 43 and 43.5.HRS.The decision to preserve In place or relocate ' =':� } shall be made by the Hewell(stand Burial Council. DESCENDANTS OF THE FOLLOWING FAMILIES:BRIGHT FAM- DESCENDANTS OFTHE.FOLLOWING FAMILIES:BRIGHT FAM- ILY BURIAL SiTE-Grant 481 (Bright, Pamaiuluhallilani,Heillani, 1LY BURIAL SITE=-Gn3rd 481 Ham, Kaimuloa, Kaahanul, Kaki, Kanalulu). DUNCAN/lANAKJLA ci, Kan Par).DluNali N/L HAKILi, FAMILY BURIAL ME-LCA 3682,Grant 5977{Duncan,Lanakila, �fi' ��Oa' �nLR' Kolo, Kanalulu).-DUNCAN/LANAKiLA ' Kahakaulla,Kaimuloa,Koki,Parker, Hopulaau,Maguire,Stillman, FAMILY BURIALSiTE-LCA 3682;Grant.5977(Duncan,Lattakita, . Kaanaana),YUTAKA-PEN AREA/PUUKALANI STABLES- Grant KKaanaana),ulla,Kaimuloa,Kaki,Parker, Hopulaau,Maguire,Stillman.rt 4198 {FR.H. Fraser, Kaalunahl, . IColI and PUUKAPU r )'YomAKA PEN AREWPUUKALANI STABLES-Grant HOMESTEADS -• Grant 4564 4198 (F.R.H. Fraser, 1Casiuirahf, Mot, 1Coki), arid PUUKAPU [Lot 48] and 4834 [Lot 491 HOMESTEADS -.Grant 4564 fLot (Kahoohanohano,Koki,Kaimuloa,Keaaaana).are-hereby request- ; (��hante Edohana•Koki_Kalmu ee a)and 4.834 [Lot eq 4 t. . ed to contact Edward Halealoha Ayau, Esq.of the State Historic ; • ed to conward Hslealoha Ayau, raby request- Preservation Division. 33 South King Street,•6th Floor, Honolulu = Esq. of the State Historic • 96813, or cell 587-0010 to-present Information regarding proper Preservation Division,33-South King Street, 8th Floor, Honolulu _; treatment of the burial sites_Those claiming finesl descent must _ - X73' or call 587-0010•to present information regarding proper demonstrate family connection to the identified burials.Responses • treatment demonstrate ilia buriaE sites;Those claiming lineal descant must must be received within the next 30 days._ mustbe family thin the net the identified burials.Responses • - must received within the next 30 days, (No.6512 West Hawaii'ivdi c March 17,20;and 22.1996) _. (No.6512-West.Hatwa i March 17,20.and 22, •I • UNMARKED BURIAL SITE NOTICE : UNMARKED BURIAL SITE NOTICE NOTICE IS HEREBY GIVEN that Parker Ranch has identified tarn- NOTICE IS HEREBY GiVEN that Parker Ranch has identified fam- ily cemeteries on its properly at Waimea, South Kohala, Hawaii, . ily cemeteries on its property at Waimea, South Kohala, Hawaii, Tax Map Keys 6-7-0214:6-7-02:17(including an area referred to • as.Puulcalanf Stables and Yutaka Pen) and 6-4-01.42 Puuke u = Tax�.Keys 6-7-0214;6-7-02:17(including an area referred to ( P as Puukalani Stables and Yutaka Pen) and 6-4-01:42 (Puukapu Homesteads)that may be affected by the current•Waimea Town ; Center Project/2020 Development Project or other devalo moot Homesteads) that may be affected by the current Waimea Town pron , P Center Project/2020 Development Project or other development • Projects. _ - The burial sites are assumed to be Native Hawaiian and Historic, = ' The burial sites are assumed to be Native Hawaiian and Historic, and proper treatment shall occur in accordance with sections 6E- ; and proper treatment shall occur in accordance with sections 6E- 43 and 43.5, HRS_The decision to preserve in place.or relocate , 43 and 43.5, HRS.The decision to preserve in place or relocate shall be made by the Hawaii Island Burial Council. shall be made by the Hawaii Island Burial Council. DESCENDANTS OF THE FOLLOWING FAMILIES:BRIGHT FAM- DESCENDANTS OF THE FOLLOWING FAMILIES:BRIGHT FAM- - ILY BURIAL SiTE-Grant 481 (Bright, Pamaluluhallilani, Hailllanl, ILY BURIAL SiTE-Grant 481 (Bright, Pamaiuluheilllani,Haililani, Hall, Kaimuloa, KBahenui, Koki, Kanalulu). DUNCANILANAKILA BURIAL Kaa -LGA HT. Kaimuloa, Kaahanuir Kokl. Kanalulti). DUNCAN/LANAKILA M FAMILY BURIAL SITE �2,Grant 5977(Duncan.Lanakita, . FAMILY BURIAL SITE-LCA 3682,Grant 5977(Duncan,Lanakila. os,Kold,_Parker, Hopulaau,Maguire, Stillman. Kahakauila, Kaimuloa,Koki, Parker, Hopulaau, Maguire,Stillman, - Kaanaana). YUTAKA PEN AREAIPUUKALANI STABLES - Grant Kaanaana),YUTAKA PEN AREA/PUUKALANI STABLES - Grant 4198 (FAH. Fraser, Kaaiunahl. Klhot, Kaki), and PUUKAPU 4198 (FR.H, Fraser, Kaaiunahi, /Choi, Kold), and PUUKAPU HOMESTEADS - Grant 4564 [Lot 48] and 4834 [Lot 491 HOMESTEADS - Grant 4564 [Lot 481 and 4834 [Lot 49) (Kahoohanohano,;Cold,Kaimuloa,Kaanaana)-are-hereby request- - - (Kahoohanohano,Koki,Kaimuloa. ed to contact Edward Halealoha Ayau, Esq. of the State HistoricKau, Esq.)are hereby Historic Preservation Division, 33 South KingStreet. ad to contact Edward Halealoha Ayau. Esq, of the State Historic 96813, or call 587-0010 to present information n Floor, Honolulu Preservation Division, 33 South King Street, 6th Floor, Honolulu reg g prop87 96813, or call 587-0010 to present information regarding proper 'treatment of the burial sites.Those claiming lineal descent must treatment of the burial sites.Those claiming lineal descent must demonstrate family connection to the identified burials.Responses ' demonstrate family connection to the Identified burials.Responses must be received within the next 30 days. must be received within the next 30 days. • (No.6512-West Hawaii:tidy:March 17,20,and 22,1996) - . (No.6512-West Hawaii Tdday;March 17.20.and 22.1996) • %i-`O2-'.-7 g�� •j? : 73 nl.:!1 V J IN THE MAI=LER OF Unmarked Burial Site Notice UNMARKED BURIAL AFFIDAWT OF PUBLICATION SATE:NOTICE '; NOTICE: IS HEREBY GIVEN that Parker Ranch has identified STATE OF HAWAII family cemeteries on its property at Waimea, City and County of Honolulu ss. South Kabala, Hawaii, Tax Map Keys 5-7=0114.; • 6-7-02:17(mcluding an ar- ea referred to as Puuka- Grace Santos being duly sworn, lani Stables and Yutaka Pen)and 6-4-OL42(Punk- deposes and says that she is a clerk, duly authorized to execute apu Homesteads) that - this affidavit of the HAWAII NEWSPAPER AGENCY LIM11.6D may be affected by the current Waimea Town PARTNERSHIP , a partnership of GANNETT PACIFIC CORPORA Center Project/2 De- TION, publisher of the HONOLULU ADVERTISER, and LIBERTY velopment Project or other development. pro- NEWSPAPERS LIMILLD PARTNERSHIP, publisher of the * HONOLULU STAR-BULLETIN, that said newspapers are news a- The burial sites are as- sumed to be Native Ha- pers of general circulation in the state of Hawaii, and that the proper and d Historic, shad 1 attached notice is a true notice as was published in the occur in accordance with aforereferenced newspapers as follows: sections 6E-43 and 43.5, HRS The decision to pre- serve in place or relocate The Honolulu Advertiser: times, on shall be made by the Ha • - waii Island:Burial Conn- ciL • - DESCE1tTDANTS OF THE FOLLOWING FAM- IT.i - BRIGHT FANS Honolulu Star-Bulletin: two times, on LY BURIAL SITE - March 20, 22, 1996 Grant.481 (Bright, Pa- maiuluhaililani, Haili- lani, Haili, Kaimul'oa, ' Kaahanui, Koki, lanalu- lu), DUNCAN/LANAKI- Sunday edition of The Honolulu Advertiser: times, on LA FAMILY BRUTAL SITE - LCA;368/, Grant 5977_ (Duncan, T.ar►aF)a, Kahakauila, Kaimuloa, - Kaki, Parker, Hopulaau, n Maguire, , Stillman,.AKA � I and that affiant is not a party to or in any way interested in the above AREA/PUUKALANI entitled matter. STABLES - Grant 4198 (F.RH.Fraser, a a- yffitatt, ��hi, $ihoi, Kaki), and PUUKAPU HOME- STEADS - Grant 4564 [Lot 48]and 4834,[Lot 49] Kahoohanohano Koki, Subscribed and sworn to before me this 22nd day of March Kaimuloa,. Kaanaaua) A.D. 19 96 are hereby requested to — contact Edward Halealo- / ha Ayau,Esq.of the State . 114 , I ,/. - Historic Preservation Di- I u Notary Public of rhe -rst Judicial Circuit vision, 33 South King ! stare of Hawaii Street,6th Floor,Honolu- My cannussion er. cr _,_ lu 96813,or cal587-0010 to present information regarding proper treat- meat of the burial sites Those claiming lineal de- _ . _ scent must demonstrate • -- family connection to the - - identified burials. Re` sponses must be received -- • 03-? 1-yuP'224 • IN THE MA TIER OF Inmarked Burial Site Notice ": - - :`::=" ;` AFFIDAVIT OF PUBLICATION UNMARKED BURIAL =SITE NOTICE. 'NOTICE:IS-HEREBY GIVEN'-that-+Parker STATE OF HAWAII Ranch has -identified family cemeteries units City and County of Honolulu ss_ property at :Waimea, South orsala,=Hawaii, Tax Map Keys 6.7.02-14; • 6.74t.17(including an ar Grace Santos being duly sworn, ea referred to"as-Puuka- lanl.Stables ani"-Yutaka'- deposes and says that she is a clerk, duly authorized to execute and 6-4-01-42(Puthis affidavit ofthe HATV ASI Ni WSPAPER AGENCY LIMITED agp Homesteads -that may be affected:- the PARTNERSHIP , a partnership of GAI%WE=T PACIFIC CORPORA- current Waimea: ofidi TION, publisher of the HONOLULU ADVERTISER, and LIBERTY Center Pec' �o velopmeat. --or NEWSPAPERS LIMITED PARTNERSHIP, publisher of the other..dcvelogmffit_gyro-• j - HONOLULU STAR BUT.T.F,TIN, that said newspapers are newspa- 4The bnrialsites are as- pets of general circulation in the state of Hawaii, and that the wallato Le'llat. Eastoive Ea-and attached notice is a True notice as was published in the wallah and Histories and - pro _freafanent•shall aforereferenced newspapers as follows: o^c b aabrdance.with sect .6E43 arid---43.5, HDA d444o pro- The Honolulu Advertiser: times, on seriiin plaes:.v'r"retocate be made bpi island BanalComb DESCENDANTS OF THE FOLLOWING FAM- Honolulu Star-Bulletin: times, on n T'S- BRIGHT FAMI • LY -BURIAL SITE - . Grant"481 (Bright, Pa- mainlajaii;tani, Haili- lanl,/Eaili, -Haimuloe, • Kaahamd' So/' Ain- Sunday of • .DUNGAN/LAIYAgT edition The Honolulu Advertiser: one times, on 16), LA -FAMILY:-BRUTAL March 17, 1996 SITE LCA 3682, Grant 5977 (Duncan,'IaisaEila, i Kahahanila, Sairnuloa, Koff, Parker, Hopulaan, Maguire, Sfilkrsani-$ and that affiant is not a party to or in any way interested in the above mann); YUTAKA-PEN entitled matter. AREAIPUUSALNI STA= BLES =• Giant "4188 FYaer,Ssaiapa- 2V/ S •Kiihoi;•Kaki), and PUUKAPU ;HOME- STEADS---:Grant.4564 ''t" hand 4834 dot } Subscribed and sworn to before me this 17th day of March •imuloa, •:Kaanaana) A.D. 19 96 are hereby- cited:to contact Edward Haleak- Iitstoric.Pre3ervation Di- I y wary Pu.1k of the rsi Judicial trcuit vision, 33."South Xing state of Hawaii Sfreet,13th Floor,Honolu- I My commission up lu-46813, or.call 587-4010 to-present information regardin8=Proper-treat- nent.af the burial:sites_, Tbose'rhiminglineal de-• scent must:demem'trate family connection to the identified burials_-'Re- REFERENCES Erkelens, Conrad. Archaeological Survey.. The Kuleana Lots at Pukalani, 1994 Waimea Town Center Project Area, Waimea,Hawaii Island. • • 22 APPENDIX B DEPARTMENT OF WATER SUPPLY LETTER JULY, 7, 2010 ?0117 FEB 3 P19 ' 21 DEPARTMENT OF PUBLIC WORKS,; ,, = rti�:i .: _:. _ . '-'ANT COUNTY OF HAWAII r i �,., ;i�I ME NT HAWAII ''v!'("I HAWAII DATE: February 3, 2017 Memorandum • . ,,.. . . .., •, •• TO Michael Yee, Planning Director Planning Department FROM • Ben Ishii, Division Chi Engineering Division 0-1 SUBJECT : Change of Zone Application (REZ 17-000217) Request: A-5a to FA-2a Applicant: Peter A. In, M.D. Location: Pu'ukapu Homesteads 1st, S. Kohala • TMK: 3/6-4-001:152 • We reviewed the subject application and have no comments on or objections to the request. 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/KONA Planning Dept. Exhibit Z tt,� 41 Frk,j .y dd —Y s.1..6 r4 •..n_i}S,-•fie -F-EB 0 626i7 ----1, Hawaii County is an equal Opportunity Provider and Employer .. °" „uATEq . • 112 ): z, 'oma �9 DEPARTMENT OFWATERSUPPLY • COUNTY OF HAWAII ,rg?�,a` 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 HAWp-`:,,,i�. TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 27, 2017 r-- 0- • (� TO: Mr. Michael Yee, Director •Planning Department - . 3 FROM: Keith K. Okamoto, Manager—Chief Engineer - -_; = z U SUBJECT: Change of Zone Application (REZ 17-000217) Applicant—Peter A. In,M.D. Request—A-5a to FA-2a Tax Map Key 6-4-001:152 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6-inch waterline within Waikelehua Place fronting the subject parcel. The subject parcel currently has two (2) existing 5/8-inch meters, which is limited to an average daily usage of 400 gallons,and suitable for only one (1) single-family dwelling. Therefore, we have no objection to the proposed Change of Zone as there are existing services available to each of the two(2) proposed FA-2a lots. The Department will note that, depending on the configuration of the two (2) proposed lots,the applicant may be required to relocate one of the existing meters so that each meter fronts the appropriate lot. Should the relocation of any meters not be necessary,the applicant shall inform the Department, in writing, which lot each meter will be assigned to. The relocation or assignment of the existing meters can be done during the subdivision process. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, 6A4.4, • Keith K. Okamoto, P.E. Manager-Chief Engineer Planning Dept. TS:dfg •Exhibit• ft3 copy—Mr. Sidney Fuke,Planning Consultant - -- --- -���, • r SQA.' I� FEB 012017 . . . Water, Our914ost Precious Resource . . . WaiA Xane . . . The Department of Water Supply is an Equal Opportunity provider and employer. ------ l� /`•' �.oJ+tV OF k, ,% , Paul K.Ferreira Harry Kim '1" ........... ' '' Police Chief Mayorn1et s+s+g Kenneth Bugado,Jr. rF oF ►+� Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawai'i 96720-3998 (808)935-3311 • Fax(808)961-2389 January 23, 2017 TO : MICHAEL EE, P NING IRECTI R _ :, • fit til . 40 FROM : MITCHEL KA EHAILUA, JR., ASSIS f T CHIEF, AREA II OPERATIfS n SUBJECT : CHANGE OF ZONE APPLICATION (REZ 17-000217) APPLICANT: PETER A. IN, M.D. REQUEST: A-5A TO FA-2A TAX MAP KEY: 6-4-001:152 This is in response to your memorandum dated January 10, 2017, regarding the application by Peter A. In, M.D., relative to a requested change of zone. Staff has reviewed the permit application and has concluded that there is no objection from a law enforcement perspective; therefore, we have no objections or comments to offer at this time. Should you have any questions or concerns, please contact Acting Captain Jeremie Evangelista, Commander of the South Kohala District, at 887-3080. RM/jaj RS120285 Planning Deet. Exhibit JAN 2 72T7 "Hawai'i County is an Equal Opportunity Provider and Employer" Harry Kim " p;�" '"•"•' ,'' Darren J. Rosario Mayor : ', Fire Chief .IL*• Renwick J. Victorino , .��;; •o�.'�. Deputy Fire Chief ountp of Ti9 Avail HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 , (808)932-2900•Fax(808)932-2928 _b January 23, 2017 -- v . 3 TO: MICHAEL YEE, PLANNING DIRECTOR FROM: DARREN J.ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application (REZ 17-000217) Applicant: Peter A. In, M.D. Request: A-5a to FA-2a Tax Map Key: 6-4-001:152 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai'i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai'i amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, titto more than one type of appliance, or special systems suitable for the protection of the hazard involved. W C co— G® 0 M C 18.1.1 Plans. CELMc 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the Q. fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. �r �l 109537 �'� _`'� Hawai'i County is an Equal Opportunity Provider and Employer Michael Yee January 23, 2017 Page 2 C- 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Michael Yee January 23, 2017 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Michael Yee January 23, 2017 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. Michael Yee January 23, 2017 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AI IJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Michael Yee January 23, 2017 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings,or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Michael Yee January 23, 2017 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpmper the Department of Water g q g gp P standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE:In that water catchment systems are being need as a means-of water supply for firefighting, h systems shall meet the f1-rirea . 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Michael Yee January 23, 2017 Page 8 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements,the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Michael Yee January 23, 2017 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at(808) 323-4760. DARREN J. ROSARIO Fire Chief CB:ds G' DAVID V.ICE 4 E ........N•L., SUZVNNE D.CASE Pr •1959 •• 9' CHAIRPERSON GOVERNOR OF HAWAII '�:• a:,-.`,;�;:,a.':is h.= �`+3 te;.+.y_ - BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON RATER RESOURCE d andiv, CPit-71409 '� MANAGEMENT c`oE�a� �4 9 .1 t ��r�!I Io E' I_ ',N4.?,:1?s p lei \V:::',..--44p..„-i'.41,. %„&. STATE OF HAWAII - . . S�teofHavfd�� DEPARTMENT OF LAND AND NATURAL RESOURCES r` , LAND DIVISION -.n z ==� L; 'r �l y.. --I"1 r-r-' bo POST OFFICE BOX 621 7? `-== ' HONOLULU.U.HAWAII 96R09 --_ _ _ c.7 February 3, 2017 • - ' County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow cr co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: - SUBJECT: Change of Zone Application (REZ 17-000217); Request: A-5a to FA-2a Applicant: Peter A. In, M.D. 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 (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions, please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, ussell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files 4 "--1 -1 i :1� •.•+Y^ + + T-7,1 '`, ,- G 4 12 1 Planning Dept. 1 �:.--._--[5V9P-d i g Exhibit6 ,„,„.....54.,..,..,.,..._.,__ ,,.......,.,. _ . . ____ 9 r N rFF„F!q`- SUZANNED-CASE DANOROFVID Y. GE /4''.:>::.”}95g y CFI:IIRPERSQ? GOVERDIOROFFSA}VNI . : -ya ..i` i i ._,'a e•{.', _.`: :-l BOARD OFIAI(P AND NATur.i.L RESOURCES �� r' CO}i,}IiSSLO'N}VTrRR ESOURge gY of, r .4' —, •iVaRGEMENT - - i - y e:vvd and N, sV j :o� ^ i , :" 1v e���G�d .. ,m _____i___ ----!?,5................. ----4,5------.. ,_4._.j state ofHa`+ri DEPARTMENT OF LAND AND NATURAL RESOURCES _ �.- C' LAND DIVISION • POST OFFICE BOX 621 HONOLULU.HAWAII 9609 January 12, 2017 MEMORANDUM �_.., DLNR Agencies: -s=� Div. of Aquatic Resources , Div. of Boating & Ocean Recreation , ; X Engineering Division Div. of Forestry&Wildlife tri lil Div. of State Parks , - ^_Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division—Hawaii District X Historic Preservation F (qr‘ell Y. Tsuji, Land Admi ' trator SUBJECT: Change of Zone Application (REZ 17-000217); Request: A-5a to FA-2a LOCATION: Waimea, South Kohala, Island of Hawaii; TMK: (3) 6-4-001:152 APPLICANT: Peter A. In, M.D. Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by February 2,2017. 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 Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. • ( ) We have no comments. (,X) Comments a ,attach 1. . (Signed: /r • Print Name: - S. C ng, Chief Engineer Date: r -2'0/` I cc: Central Files - DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Tsuji Ref: Change of Zone Application (REZ 17-000217);Request: A-5a to FA-2a COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a designated Flood Hazard. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map (FIRM), which can be accessed through the Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4846. Signed: �, CA . Y . C AN' , CHIEF ENGINEER Date: //2-d//-�' n v • DAVID Y.IGI .••�F•,F!4 iy CHAIRPERSON SUZANNE D.CASE J4 19_b9. sq GOVERNOR OF HAWAIIa: n i. y r .•::y :%,"- BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE gq,.q =` ; '`}§ MANAGEMENT 1-411C- oE4and and Na e :.•• :t '=�,iN eo " STATE OF HAWAII spateoftwO DEPARTMENT OF LAND AND NATURAL RESOURCES " LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96X09 January 12, 2017 • MEMORANDUM TO: DLNR Agencies: `t.: �-�•-1 I ' Div. _ of Aquatic Resources s7r,- _Div. of Boating & Ocean Recreation ==; , X Engineering Division -:n Div. of Forestry&Wildlife = �� Div: of State Parks Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division—Hawaii District X Historic Preservation • FROM: (ffqaell Y. Tsuji, Land Admi ' trator SUBJECT: Change of Zone Application(REZ 17-000217); Request: A-5a to FA-2a LOCATION: Waimea, South Kohala, Island of Hawaii; TMK: (3) 6-4-001:152 APPLICANT: Peter A. In, M.D. • . Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by February 2, 2017. 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 Lydia Morikawa at 587-0410. Thank you: Attachments ( /We have no objections. ( ) We have no comments. ( ) Comments are attached. Signed: `fes • Print Name: G--o,e Po/\I C• #moi r Date: ///60'7/ cc: Central Files DAVID Y.IGEr 'o F=;; _ i VIRGINIA PRESSLER,M.D. ••""''"'••4'�� DIRECTOR OF HEALTH GOVERNOR OF HAWAII ,�;' �y 59 330•.•.4� Osk STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO, HAWAII 96721-0916 • MEMORANDUM Ci: 53 DATE: January 24, 2017 • TO: Mr. Michael Yee = Planning Director, County of Hawaii FROM: Eric Honda ''z District Envi-onmental Health Program Chief • SUBJECT: Change of Zone Application (REZ 17-000217) Applicant: Peter A. In, M.D. Request: A-5a to FA-2a TMK: 6-4-001:152 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 January 11, 2017. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance a * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receivingafp , State water be maintained and protected; °N °® tElra 2) Designated uses, as determined by the classification of the receiving State waters; and O. ILI 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: • - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and • -: - May result in a discharge into State waters. The term "discharge" is h defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). JAN 2017 1 Michael Yee January 24, 2017 • Paget of Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: https://eha-cloud-.doh.hawaii.gov/epermit/. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: http://health.hawaii.gov/cwb/. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. • -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. • An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and Michael Yee January 24, 2017 Page 3 of 4 submit the NPDES individual permit application. This application is available on the e-Pennitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epennit/. • A Notice of Intent(NOT) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: https://eha-cloud.doh.hawaii.gov/epermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://heal.th.hawaii.gov/cwb/. ® According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement ® Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. e Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: wvv .hawaii.gov!doh/pollutedrunoffcon.trol. • If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Michael Yee f1 January 24, 2017 • Page 4 of 4 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 • mustbe 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. 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-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working 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. �7 61: L• '' (3k1( O I- rjj I d Q° _.-._ SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•variance•Zoning ijaremw Telephone:(808)969-1522•Cell:(808)'989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports • February 4, 2017 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street - Hilo,HI 96720 c: _ -n Dear Mr. Yee: Fri Subject: Rezoning Application—Peter A. In, M.D. z TMVIK: 6-4-001: 152 (REZ 17-000217) Thank you for providing me with agency comments to date regarding the subject application. . Please note that the Police Department had no objections to the request. Further, the Fire Department and State Department of Health did not express any objections or concerns regarding the request and instead noted their respective construction related regulations, which the applicant intends to comply with at the appropriate time. Finally,the Department of Water Supply noted that water was available for the request and added that a water meter may have to be relocated, subject to the ultimate configuration of the proposed lots.If relocation is needed,that will be done in conjunction with the subdivision process. We trust that this sufficiently addresses those agency comments on the subject application. If not or if there are other comments or questions on this application, please feel free to direct them to me for review and response. Thank you very much. Sincerely 1\,& \i \1\ SIDNEY M.FUKE Planning Consultant Copy—Dr. Peter In via email FEB 0 6 2017 Planning pt. LA' 0.8 ' Rln-REZ17-217 jwd 03-21-17 J COUNTY OF HAWAI'I PLANNING DEPARTMENT RECOMMENDATION PETER A. IN,M.D. CHANGE OF ZONE APPLICATION (REZ 17-000217) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 5-acre (A-5a) to Family Agricultural 2-acre (FA-2a) for approximately 5.001 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from A-5a to FA-2a for 5.001 acres of land to subdivide the property into two parcels, one that is approximately three (3) acres in size and one that is approximately two (2) acres in size. The property was previously approved as a Condominium Property Regime (CPR) with two (2) units, which is called Cloud 9 Farm. The applicant currently owns a 3-acre portion of the property(Unit 1) and Robin & Shinji Inaba own the remaining 2-acre portion(Unit 2). The owners of each CPR unit wish to have their own title to their respective properties with a separate tax map key. If approved, the property will be subdivided into two separate lots, consisting of the same areas that were approved under the CPR. In order to consideran area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-5a) to a Family Agricultural (FA-2a) zoned district will conform to, among others, the following goals, policies and standards of the Land Use and Economic General Plan Elements -1- . i and the General Plan LUPAG Map. 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 proposed request conforms to the LUPAG Map, which designates the property as Low Density Urban and Extensive Agriculture. The Low Density Urban designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with an overall residential density of up to.six units per acre. The Extensive Agriculture designation includes lands that are not classified as Important Agricultural Land and includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. Soils within the property are identified as Maile silt loam, 6 to 20 percent slopes (MLD). The Land Study Bureau's Detailed Land Classification System identifies soils of the property as "C" or"Fair" soil for agricultural productivity. Lastly, the ALISH System classifies soils within the subject property as Prime Agricultural Land and "Other" Important Agricultural Land. A major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. In this particular situation, the property was previously"condominiumized" that allowed for two "units" instead of separate lots. The owners of the two (2) CPR units wish to have their own title to their respective properties with a separate tax map key. Each unit currently has a -2- dwelling that was constructed previously. The newly created lots will still have the potential to be used for farming or agricultural purposes. The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. All utilities and services are available to the property. Access to the property is from Waikelehua Place, which is a 50-foot wide County dedicated road with a 20-foot pavement road and grass shoulders. County water is available for the proposed request. Wastewater will be disposed of by individual wastewater (septic) systems meeting the requirements of the Department of Health. All other essential utilities or services are available to the property. The applicant has requested that the standard restriction to prohibit a second dwelling (additional farm dwelling) on each lot not be added as part of the Change of Zone application. Normally, when Change of Zone requests are approved and the zoning density is increased, the applicant could still potentially apply for an Ohana Dwelling or -3- • an Additional Farm Dwelling, allowing for the construction of a second dwelling unit on each newly created lot, which could potentially double the cumulative burden on the existing infrastructure. As such, the Planning Director includes a standard condition to prohibit a second dwelling unit (Ohana or Additional Farm Dwelling) or a Condominium Property Regime (CPR) on each newly created lot. In this case, the Planning Director will continue to add the condition to require that restrictive covenants to be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. There is no severe geological or topographical problems for the property that cannot beproperly rectified or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA) and the Department of Public Works-Engineering Division, the property is located in Zone "X", an area outside of the 500-year flood area. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over 8 miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously developed with dwellings and used for cattle grazing. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent 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 in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: A Burial Treatment Plan, which includes the Pu'ukapu Cemetery, was submittal along with the Change of Zone Application. -4- The valued cultural, historical, and natural resources found in the rezoning area. There is a cemetery located on the subject property,which is referred to as the Pu'ukapu Cemetery in the application. The Burial Treatment Plan states that there are seven(7) burials preserved within the approximately 4,000-square foot cemetery area. Byletter dated March 14, 1997, the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) approved the Burial Treatment Plan for the Pu'ukapu Cemetery. According to the applicant, the burials have been frequented and continued access to lineal descendants will continue to be provided. Additionally, in the event inadvertent discoveries are made, appropriate protocols will be taken. Thus, it is not anticipated that the proposed request will have any adverse impact on these cultural and historical resources located within the project area. Possible adverse effect or impairment of valued resources: The Pu'ukapu Cemetery is buffered by a fence that surrounds the burials to protect these valued resources. Feasible actions to protect native Hawaiian rights: As mentioned above, the Pu'ukapu Cemetery is found within the project site and is protected by a fence that surrounds the burials. There is an approved Burial Treatment Plan, which includes an interim and permanent preservation plan for the cemetery. A condition of approval will be added that the owner of the property with the cemetery comply with the conditions of the Burial Treatment Plan. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the -5- subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, approval of the Change of Zone request from an Agricultural 5-acre (A-5a) to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-11 (Lalamilo-Pu`ukapu Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -6- COUNTY OF HAWAII -••(6'k •- STATE OF HAWAII . orf oF•H�;a►_: BILL NO. ORDINANCE NO. (Nom/A/4 00'Prr AN ORDINANCE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT PU'UKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-001:152. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-11, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Pu'ukapu, Waimea, South Kohala, Hawaii, shall be Family Agricultural—Two Acres (FA-2a): Beginning at a 1/2 inch pipe at the southeasterly corner of this parcel of land, the coordinates of which referred to Government Survey Triangulation Station "WEST BASE" being 499.99 feet north and 2,284.01 feet east, and running by azimuths measured clockwise from true South: 1. 59° 07' 306.80 feet along the remainder of Grant 4564 to Kaanaana to a 1/2 inch pipe; 2. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 3. 70° 51' 30" 61.05 feet to a 1/2 inch pipe, thence; -1- 4. 172° 36' 61.20 feet along the remainder of Grant 4564 to Kaanaana to a 1/2 inch pipe; 5. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 325.00 feet, the chord azimuth and distance being: 160° 51' 30" 132.38 feet to a % inch pipe; 6. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 40.00 feet, the chord azimuth and distance being: 169° 10' 34.5" 27.44 feet to a 1/2 inch pipe; 7. Thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 141° 03' 2.5" 67.08 feet to a 1/2 inch pipe, thence; 8. 149° 07' 392.33 feet along the remainder of Grant 4564 to Kaanaana to a 1/2 inch pipe; 9. 239° 07' 315.27 feet along the remainder of Grant 4564 to Kaanaana to a 1/2 inch pipe; 10. 329° 07' 682.58 feet along Grant 4565 to H. Akona to the point of beginning and containing an area of 5.001 acres, more or less. n 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, Hawai`i County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or -2- (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CZkasitiAd--- SIR 'COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. upon 4. This ordinance shall take effect p on its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- i A-5a A-5a . I AGRICULTURAL-FIVE ACRES(A-5a)TO FAMILY AGRICULTURAL-TWO ACRES(FA-2a) 5.001 ACRES \ ' \. A-5a A-5a F t g4 R5-20 l g s 499.99'N 2,284.01'E {P "WEST BASE" , ';l 'kll'''I.'",,''Ii:.ifiligllIllk -10 .. 10 A-5a t ti'ti r '` I j -10 ,,„,!,,,,:...,. .4,,,litli_Ftsovv,,,,,,,05,„ R5-10 - R5-10 R5-10 -5-10 �7 A-5a R5-10 �� ` I-' R5-10 yo R5-10 \LP��P R5-10 R5-10 V\, R5-10 W 10 P R5-10 .'� . R5-10 R5-10 R5-10 QV R5-10 !.--10 R5-10 CN-10 R5-10 \Pc '• 7� R5-10 R5-10 CN-10 �P R5-10 �! `;- A-5a R5-10 G R5-10 \V\- CN-10 .\L R5-10 • R5-10 _- - R5-10 _ - ' R5-10 �Pv\ON � A 5n CV-20 MPMP le CV-20 CN-7.5 CV 20 A-5a �_ _ A 5a Feet 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a)TO FAMILY AGRICULTURAL -TWO ACRES (FA-2a) AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAII MAP PREPARED BY: TMK:(3)6-4-001:152 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:January 10,2017 EXHIBIT "A" (n Map: 1388 Cln-REZ17-217 jwd 03-21-17 PETER A. IN, M.D. CHANGE OF ZONE APPLICATION (REZ 17-000217) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. D. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai`i Revised Statutes Chapter 165, the Hawai`i Right to Farm Act; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District E. If required by the Department of Water Supply, the applicant shall relocate the existing meter(s) so that each meter fronts the appropriate lot. F. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. G. All driveway connections to Waikelehua Place shall conform to Chapter 22, Streets, of the Hawai`i County Code. H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. I. The method of sewage disposal shall meet with the requirements of the State Department of Health. J. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. Prior to the submittal of plans for subdivision review, this restrictive covenant shall be recorded against the parent lot(s) with applicability to all lots subsequently created from the parent lot(s). This restriction maybe removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawai`i Bureau of Conveyances, with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. K. The applicant shall comply with the requirements of the approved Burial Treatment Plan for the Pu'ukapu Cemetery, which was included as Appendix A within the Change of Zone application dated December 2016. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. Comply with all applicable County, State and Federal Laws,rules, regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -2- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- IN PETER A. IN , M . D . CHANGE OF ZONE APPLICATION (REZ 17-000217) LOCATION MAP . • . . . . it.,...,,-,„,,..,,„;„.::.:. .:.::: :•: : ::,;:... „.,.‹,.„..,, ,, „, , 4 , ,, ,, :,, ,, 4,,"./,•••••, ..,. , ,• , „ c , ,c c __ \ /---, V ' ,> =t- l4 `-, \` �.:: . ..ti , �_y \ '\fit ��. 'i.Qi, . _. ..„..., , 2 '' -'''''. ' ''. , li • _p yV _ �*.+.�y *. ` '�,. `r.� rr I\,,�+i?�' /�;\ ..'(ti•t '\•,+ `_!\,,� \,\ �\ •,\, _�,._. `5~_ - ly 'TORO 4 , ‘, ' y 111 al + f +�\ �i•. , :-..,---_ __�.. `4y1 '{ -=�S-� y It1Ir� ,l y,.0 ��� v ��v l �u _ "1` \ ''' �y y �St� 04i �- .-' f t' tt t 5 — .s— l ll y y t— 1 \ '----T—T,:— + '" ,>_, �,, � r l y 4 4 y 1ty11z' s ' 1 •} it 4 x ` ' �� l - (y r COUNTY ZONING MAP • \ . \ , . . . , .. , , .. .,,..„,., •.•. . , ..\‘ , . ___„,_____ „ ,, .• \ ,,, ,________--- \,,, , , .. „ ., , .______ .., , •. , , ....--- , , „, , , .„ . • .. ., . , , , , . .. , . .. .. \ ,.. .. „ „„,, „,„., , .„ ,.„_, ,, , , ,,,,,,,,,__ , „.„.,„..,-.„.,,„, ,.. , ,,....,:,..,,,_,,„:,\ .,.,, i....,_____ _ : i: k , \\ i, ,,,, ."3„...„. sAilia=4,2tirt,„1„,2 ,,,I,,2;,,,:-,-xe,;:,,,:3,,,,,,„,q,z,,,,:',,,,,,,,,,,7,, ,,.,,:,;,,Il4s,,:::VQ.,,:;,,,,k-,,,,,,,,',,:,;-.f;',;:,A-4,:i' a.�z �� / ." . ..� V " w' \ ' 'C�� ,\ �. f 1 ..---"f \.\\ RS-1 r i ~ N ip\} •' _ rr CH-10 , ---\\c•:\ ' -- - ��` , c \-\S;(-'-----\--\\\\\C � � CN 1 �h r` STATE LAND USE BOUNDARY MAP ______,..„,„_\ \ \__ __-_ - ,.. ., . \\ \ \ \ , \ \ , • • • • \l 1 /t}/ � , ` 1 y '\ \ ' y %�'-�.. ' \ -\\\\ \ It ____, -='�� -'' '\ '-',-• \ \•\ '� t\ l 1, { �� \ y .. . _ \ ____,-,-,- % . ___ \....„„ . • ,._ .--.- \\--, ,,,- u __.,_.-- ,.., ‘„ ',\---) \ -,--------_\.-- ___- \ \ ......_ ... „....,,,,, ,....., _____\,„„ , , , ,,, ____ \ \\. ,,,,, . ,, ., '.,,,„, .„ ,. .. , „:„.„ „ ........„•::,,,, ,,,._ \ ----- \ , \ ___-„,-,- \ • \`\ \\\ • \ �^ I t -- .\` \yam- -- ..\••`\ \. l ,, `,\ ,\ GENERAL PLAN LUPAG MAP ... . ,, . .. . , ...,-----_--------- ,. ., . .• , .. „„ . • • \ . ... •. ..\., \ .., . . . • , , , . . ,, , \ ... ,. ,.. •.. „ . •... \ . ... . ,. ... ,. •. . .. .,.. ,. • . . , . , . , . , .. , .• . . . . .. . . . , . . , .. . .. . , . . . . \ . • \ ,.,. \ \ \ \ . ,.. \ , , , \ . •. \ \ \ ..,_ \ \ ,\ . \ .•._•_, \ , ...„ \ \ \ „,,•- \ ,. \ \ , , \ \ .„---ii_7(--\\ ,,„- ...\\ \ \ \ , , \ . • •, \ \ \ \ \ , „ , , „ , , • . , \ , \ , _•_--:__----.')\\\ • \ . • \ \ , \ . \ \ \ ,t ` ` .._,--- \ `, y \ \� Y ` �., \\_____ .. \ t.4 , \ - t,\ \ ,. ,. ''�. \ moi,- f� -� . f ..-,-\--- \ • SOUTH KOHALA CDP WAIMEA TOWN CONCEPTUAL MAP FIGURE 4.4: WAIMEA 1,Ai,CONCEPTUAL PLAN i \ . 4i. ' It \ - _.... ,.c., ... ...,..„ - , , •- —';'" ,, : 4e 4P1 *11, n -, Wisiiiir , . :- ...,-., , ,, .I'aNaltria a a ginumaur ot s isisOMMIR s* ,: !4,,,„-. ,,, . „.„., A , , .K. :',.-:---;----:--- '4"11/144* 01.1.LAAMil„, -rIcLic, .6.- •ti ..-'-'' -.11,-'.' '!"-.1.44:Q' ' 3.7:4- '-'"----**'- 4' '4'lk> *: laf ,)' •*/* • Ai .,_ 40,,,,, Ow* Val,* e ,,,N.,, -• , -,,,illr.,4.3„, ........:00 ..." • .."".1.,,, N'''''''-', 1'49"WAIN/„.... ..0.. ,-.•." .# - „/ „ cOmmt.kiririi_i"Pit.k. 0 ratCT. / ! ---7- `FARKfit RW3-12020 A10,.. r. 400°6 , - - - - ------ ,,,,... ..( .........,..... .. . - .-. - V1-11-1L ,,- 4 - ..0,,,-. -. .........--7 ---', .... - ' • • • •.-- •--”" '' ' 1 '`c • r. ,,,„,.•"....... - ..e. . kis.,040,..-5 4.* rUI LICAPLI 1: (..:,...,1, HOM 51-EA195 4: -7.....i ;,,,>'.. ...... 1,-2., „,.. ..,..,%. I , -...., mien — , ..-- 0.,- ..... ........,.........,_.•-*- 1,(fl. . if • N 44. 4E., tr*i eAt. 1 lifi `' P0551,LZ PLIE /4-41,16,CNI al a.. xxvtur-,rmwr,i4.—..t., A ......,_ • Blue Text=Planned Developrnent 0- Si.7, uth Kohala CDP 0 025 0 5 0 75 I pad Tex,,cop cx,, -„.„ • Waimea Town Conceptual Plan a THE APPLICANT IS REQUESTING: • A Change of Zone from A-5a to FA-2a for 5.001 acres of land to subdivide the property into two parcels, one that is approximately three (3) acres in size and one that is approximately two (2) acres in size. • The property was previously approved as a Condominium Property Regime (CPR) with two (2) units, which is called Cloud 9 Farm. The applicant currently owns a 3-acre portion of the property (Unit 1) and Robin & Shinji Inaba own the remaining 2-acre portion (Unit 2). • The owners of each CPR unit wish to have their own title to their respective properties with a separate tax map key. If approved, the property will be subdivided into two separate lots, consisting of the same areas that were approved under the CPR. APPLICANT'S SITE PLAN 32r'OT - *OM — I _ —��———' R C1 :) % `�C .C':} ) :.:75770 dT."P`)(7) ------_.,.__._._ .L_ -----� ._.�_— i A�O� /W WI 3QT/tat I2023. I I I 2222110•11 122,SC 1 -- foamJn T(-Y it. ar Ill NI OW 00212221112120.117 1 ,m I i {1 1 ii k1_ _.. - __ � ...,.. Irk_ _ ____/ 1 _____ {tw�oc202 s x 1 1 r 3q1/ � wL. i.wovn us •s�► � \l WOOD.3 _`MD Vitt, _ MI ACM* .u{ro2 WAIKELERUA PLACE .' -� ,1/ snow,s ' / ra11 ntc+wo.. ro{orn.u. -- i''i �.! .1/4°,40,,, SITE PHOTO , • ,,,, .. ...„,. , _. . ... .,... . .. an ,.. ,. „..,..,-, ,,. _... ,. ,... ..-..:, — . . . . _. :,., ..- - ....040- ii ,, --.--,-,40., . :•. e y ' • ..., t e:r y A' , k ✓ .... a.: .> F " v i 6 �� - fi R c(x,s,itir,,, 1 1 _ , SITE PHOTO it 'N'-':::.?:',''''''n''''''',''''-',.. ' -,. - .:- ,--'-' -- '' ri, „ , , , ..., „.. . ,, , ----------_, 0 1 Warkelehua e� i,,,....4...-'5 ' .• '''...,,,,i.... ..-_ _I --- i - — --- , ... .. .. .. „:„. _ .--,,4-ie<;,:„='„ :,...,... . - -4,,--., . ....... ...,, , ------"Ar..166 . .f/Mr,_ :.. Y AI:. l«s s II - 9aA - _ :..,.,. SITE PHOTO „ .. „ ., •A ,,,,,,e,.., 3 - W •t. 4 5f 11• K ai .i ♦ d � r e • 6 �t*i. +,�' `�.f � .'*f • 6 ' Mt` r v r � �- � 4 `c "� { : ,. ,.,1.: ' , lit ! . i LW I, /�''S�.p— a �, 9 SITE PHOTO 1� i. , i�_ F ..6 „� rte `:6� �'C '', 44*,. ,,, ,,'\ i e�$h` +`x ♦ Y w. ,. w i r ^A 410K+ .* 40 - f p - p r.. a S . 01 d„ Y b r e .. SITE PHOTO , , -W - _ , ,..Y i, ,,,,, , ... ,.... , _ , . i .. . , ,,,,, .,,,ir._,.::::::::* ,,:--, ,. :::. .� .., ! 1 • --_ ___ __ 55 R ' '..1) - yj ¢ €€ + * t2 t•I k.E.:71 r, - r, 5 r. > -fix., 3s 3 j .1 '4,"',1:41,,,,,,, %nom -., ' +m ',.T1'-'!:i'' n'-!:i r x 4e a $X + a . �. is \, ,-,:,,,,, ,4,,,,,---<-.t7t,,,,''''*',-.-,-... - ,,,-,.:-..:-:, .. _ _• . :.. � i.- � . ` � � �- h<s fi":r5sLs � s3` �I : r ...:..._.x. x'- m. .,� .r. t�?� - sm..,„.„-.- s.�.w" ' ".°'`� .. . .. _ . mac .-,�..s mac - SITE PHOTO - ,...... . , . .. ......__ ,„, , , .., ,,. .. . •, ,,,,4...-:,-,-, y.. ,:--02„... ........, .-01,,,,,t. _,,, x ..,../ ,.,..,., ,_ . . 4,,..,.. . .. , . ,...., ...., . . . . , .., . __ .. . ,,,..,,.., , : _____ ______ _. ..., ., .. :-:.— . , ,. ,t ,e . , .. . .. _ _., . ... . .'+ ...„- ., 'may . . _ _. ..„,............,„,,,, .,. , ,_,.--„,:---- .f-':'''4,,tAts'..7.. . .;,, - a r s t •k,_ r{ 5 ”. t. w '4i OIYk .! - 3 t ' -: 2± e aL, - F4 �} " i , _ € - ;.�, •' ,, r„ - b_ 'ta av- _ s..e a PLANNING DIRECTOR'S RECOMMENDATION Favorable Recommendation With Conditions LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 10, 2017 A regularly advertised hearingon the application of PETER A. IN,M.D. (REZ 17-000217) was � Y PP called to order at 9:32 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger,Nancy Carr Smith, Scott Church, Collin Kaholo, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ALSO PRESENT: Malia Ho (Counsel for the Commission), Michael Yee (Planning Director), Daryn Arai (Deputy Planning Director), Jeff Darrow(Planning Program Manager), Maija Jackson (Planner), Shancy Watanabe(Planner), Sarah Hata-Finley(Windward Planning Commission Secretary)and Noriko Sauer(Leeward Planning Commission Secretary) And four people from the public in attendance. APPLICANT: PETER A. IN,M.D. (REZ 17-000217) Application for a Change of Zone from an Agricultural-5 acre (A-5a) to a Family Agricultural-2 acre (FA-2a)zoning district for approximately 5.001 acres of land. The parcel is located at 64-730 Waikelehua Place, Pu'ukapu Homesteads, 1st Series, Waimea, South Kohala, Hawai`i, TMK: 6-4-001:152. UNGER: First order of business,Number 1 on the agenda, Applicant Peter A. In, M.D., REZ 17-000217, application for a Change of Zone from an Agricultural-5a, A-5a, to a Family Agricultural-2 acre, FA-2A, zoning district for approximately 5.001 acres of land. The parcel is located at 64-730 Waikelehua Place, Pu'ukapu Homesteads, 1St Series,Waimea, South Kohala, Hawai`i. TMK 6-4-1: parcel 152. Mr. Darrow, are you going to give the presentation? DARROW: Yes. UNGER: Okay,please proceed. DARROW: Thank you, Mr. Chairman. Good morning, Members of the Planning Commission. If I can direct your attention to our first presentation. As mentioned, our applicant is Peter A. In, M.D. and he is requesting a Change of Zone. The area of the subject application is in Waimea within the South Kohala District of Hawai`i. More specifically, we are looking where the black dot is outlined. This map identifies the different County zonings in the area; the green and blue represent Agricultural, the yellow represents Residential, and the purple represents Commercial type zoning, and the light pink. So this is just to the east of Waimea center, which is located just to the left of the subject application. 1 DRAFT This is a zoomed-in map of our application area. Again, this is, the colors represent the different zonings in the area; the light green represents Agricultural-5 acres, the yellow represents Single-Family Residential,and the purple and pink represent Commercial type zoning. This is our State Land Use Boundary Map. The pink represents Urban and the green represents Agricultural, which includes the subject property. This is our General Plan Land Use Pattern Allocation Guide Map of the area. You can see the orange representing the Medium Density Urban uses,which is more in line with commercial, the yellow representing the Low Density Urban uses, which is reflective of residential, single-family residential, and the white up above is Extensive Agriculture. This is our South Kohala Community Development Plan Waimea Town Conceptual Map. The subject property is just in this area to the right of the Waimea Town Center. It's just on the edge of the residential fringe. The applicant is requesting a Change of Zone from Agricultural 5-acre to Family Agricultural 2-acre for 5.001 acres of land to subdivide the property into two parcels, one that is approximately three acres in size and one that is approximately two acres in size. The property was previously approved as a Condominium Property Regime, or CPR, with two units,which is called Cloud 9 Farm. The applicant currently owns a three-acre portion of the property, Unit 1, and Robin and Shinji Inaba own the remaining two-acre portion, Unit 2. The owners of each CPR unit wish to have their own title to their respective properties with a separate tax map key. If approved, the property will be subdivided into two separate lots, consisting of the same areas that were approved under the CPR. This is the submitted site plan from the applicants, which shows the access point from Waikelehua Place, which comes off the main highway. Unit 1, or the three-acre parcel, owned by the applicant is the parcel to the right, and the second two-acre parcel, or portion, is just to the left. Currently there is a dwelling on each of these units. Additionally, on the right hand corner of the applicant's property there is an identified cemetery. This is an aerial site photo of the property. Again, for reference we have Waikelehua Place. We have the subject property outlined in red, and, again, we show the two dwellings as well as the accessory structures on each of the properties. The cemetery area is right in the lower portion of the map. These are some site photos. This is from the highway; Waikelehua Place will be on your left; it has a dedicated left-turn lane that comes in to the road. This is on Waikelehua Place looking mauka, or makai. And this is at the end of the cul-de-sac where access to the properties is access through an easement. This is the applicant's home, as well as accessory structures. And this is the upper home, as well as accessory structures. The Planning Director is recommending that the Planning Commission send a favorable recommendation with conditions to the Hawai`i County Council. 2 DRAFT Since the application has been submitted to the Planning Commission we have received one comment letter from the Department of Health, which has been distributed to the applicant, I mean to the Commission, as well as to the applicant. The applicant originally requested within their Change of Zone application to be able to have a second dwelling on each lot, if approved. Our standard procedure is normally we put in a condition that restricts a second dwelling whether it be an `ohana or an additional farm dwelling on each newly rezoned lot. That's just been our standard condition, and the reason why we do that is because the process that we are doing at this time is increasing density in itself. To be able to further allow additional dwellings on the property would just further increase density in the area. In looking at this particular application and in speaking with staff, this, depending on the Leeward Planning Commission, the Planning Commission staff can make an adjustment on this by making sure that, if the Commission is amenable to the change, that any additional dwelling that's created on the lot be able to be connected to County water,because that's one of our key issues; a lot of times these second dwellings are approved through a variance to be allowed through catchment or whatever the means. But in this case if something in that line were approved, we could be amenable to that along with the Commission. One of the other considerations that we would put in is that no variance would be granted to allow for a variation from the water requirements in the Subdivision Code. With that, that concludes our presentation. Are there any questions? UNGER: Thank you. Commissioners, any questions for Mr. Darrow? CARR SMITH: Yes. UNGER: Commissioner Carr Smith? CARR SMITH: Are there two water meters or one currently? DARROW: Currently, both, both dwellings are connected to meters, so— CARR SMITH: Separate meters. DARROW: Yes, separate meters. There was one concern from the Water Department and that is that the meter be located in front of each respective lot once it's subdivided. And so that's a condition that's been added within the conditions. CARR SMITH: One more thing. I thought that I had read in here that one of the conditions was to not allow further additional structures. DARROW: Correct. So that would be the condition that, if the Leeward Planning Commission were amenable to the applicant's request, we would remove Condition J and consider new language regarding any second dwelling approved on a property would need to be connected to a County water meter. And we can draft up language in regards to that. CARR SMITH: Okay, thank you. 3 DRAFT DARROW: Thank you. UNGER: Are there, is there more water units available? Should the Commission say it's okay for a second dwelling, is there four units available, water units? Is that even an issue at this point? DARROW: We didn't specifically ask,but I believe that there are because this area is in Low Density Urban, and so— UNGER: Water is available. DARROW: Yeah, there should be enough water units available. UNGER: Okay. And just to clarify and make sure I have the correct understanding, so when you are, the proposal right now is to give a favorable recommendation to the subdivision but not a second dwelling via an additional CPR or an `ohana permit or a farm dwelling permit. So by nature of the zoning that sits there right now there is no,there is no CPR ability anyways because that's no longer available; `ohana is not an issue because it's zoned Ag. So really all we are saying is, not a second ag dwelling on these parcels. DARROW: Correct. UNGER: Okay. DARROW: For them to be able to be approved for an additional farm dwelling is the similar process that they did originally to get the second dwelling on his property. So they would have to do that again. UNGER: Right. Correct. Can Smith. CARR SMITH: I have more question. I'm not that familiar with Family Agriculture zoning. Is there anything unusual in that zoning that we should know about? DARROW: It allows, the main thing is, it allows for smaller lots. Right now our Zoning Code for the State Land Use Agricultural, I mean for the County Agricultural, the minimum lot size is five acres. For Family Agriculture it's one acre. So you'll see requests come in from Agricultural, like this,Agricultural 5 acres, instead of coming to Agricultural 2 acres they are coming in for Family Agricultural 2 acres. When you look at the permitted uses side by side, there are little less, as far as agricultural uses, they are little less impactful than Agricultural zoning, like, large stock production on a larger scale, those types of things. But it does allow quite similar uses as the Agricultural district. CARR SMITH: Thank you. UNGER: Thank you. Any other questions? Thank you. DARROW: Thank you. 4 DRAFT UNGER: Would the applicant come forward,please? IN: Mr. Chairman UNGER: Please, excuse me, please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? IN: Ido. UNGER: Please state your name and your area of residence. IN: My name is— UNGER: Please use the mike— IN: Thank you. UNGER: —it's not only so we can hear but also for minutes. IN: Is this on? Yes— UNGER: You are on. IN: My name is Dr. Peter In. My residence is 66-1279 Ahuli Circle, Kamuela, Hawai`i. I've been a resident of the island for, and practicing here in the community, for over 40 years. Just recently retired. And thank you, Mr. Unger, Director Yee, Commissioners, ladies and gentlemen. Thank you for the opportunity to present my application for rezoning. Unfortunately, Mr. Fuke, my planning consultant, was unable to be here today. He is much more experienced in these matters than I am. But to give you some background history, I purchased this former Parker Ranch property back in 2000 with the Inabas. We both couldn't afford such a wonderful piece of property, but our realtor proposed that we apply for a CPR and that's what we did. And because of the CPR we were able to do,purchase this property and build on it. Cloud 9 Farm was conceived as my part of the property, the three acres, was built as an equestrian center, and we built a, the original dwelling was a caretaker's cottage. It's a two-bedroom cottage with an adjoining garage, carport, and a three-stall barn, a very small office and some stalls, a half-acre riding arena. And it functioned as an equestrian center putting on gymkhanas, horseshows for the community for about five years. And then my spouse decided she wanted to go back to the mainland, not mainland but to England, and since that time it's been just used as pasture, grazing; we've had some horses there. As I face retirement, I decided that I really wanted to live on the farm and develop that as agriculture and do sustainable agriculture that's the new movement. I've always wanted to live off the land and to develop a property for a sustainable agriculture. But the problem is as a CPR neither of us are able to develop the property any further. Well, since the application for rezoning the Inabas have put the house,their house, their part of the CPR on the market, they've moved to South Korea and, you know, they intend to sell their share of the property. And, so to my knowledge they have no objection to the restrictions on the property. 5 DRAFT I'm in agreement with all the different restrictions except for restriction J,which is the prohibition of an additional farmhouse dwelling. We were able to basically get their—I wonder if we can put back on the slide showing the, is that possible, the housing, the area that, the property? DARROW: Right there? IN: Yeah,that's fine. So what you can see here is, this is my three-acre portion, this is the caretaker's cottage, the three-stall barn. And this is their, they applied for an additional farmhouse dwelling and they built a couple years after I built—oh, I see, red button, oh, yeah[A laser pointer was handed to Dr. In.]—they built their additional farmhouse, and then this is a garage office. This is the half-acre riding arena. And it's my intention to, you know, farm all this area here and build an additional probably a three-room, three-bedroom, or two-bedroom with an office, or a three-bedroom house, on this half-acre riding arena. It's packed soil, well, cinder soil, and it's really not suitable for fanning, you know,unless I had, raise beds. But it's perfect for a house site, and there is, you know, rooms for sewage system. Previous to this application I had hoped for creating a cottage neighborhood, and we put in an application for a PUD, and the neighbors didn't like that. This changes, this zoning change really doesn't change the nature of the property at all. It just gives, gets division from the CPR, does away with the CPR, and that's our intention, and creates two separate entities, which hopefully would then allow me to apply for an additional farmhouse dwelling. So I'm asking for elimination of restriction J in the recommendation so that I could apply for an additional farmhouse dwelling that I would live in, and by being there it would be much, or feasible for me to, you know, take care of my property. The caretaker's cottage is occupied,and has been occupied for a number of years, by a friend of mine for over 30 years now, who is an acupuncturist, and she takes care of my health. So she lives there and I really would not want to,you know,tell her to move because I want to live there. I would like to have the ability to, or her to continue to live there. It's also, you know, I'm retiring, and really I'll be looking at Social Security plus whatever I can generate from the farm, and so it's important for me to be able to keep her on as a tenant there because that's what I'll be living on. So I ask for approval of this rezoning with the elimination of restriction J,which is the prohibition of additional farmhouse dwelling or `ohana. The County Code ordinances do allow for an additional farmhouse dwelling; that's how the Inabas got their house, and I'd like to be able to have the similar ability to do so. So that's my presentation. Thank you for your time. Any questions? UNGER: Thank you. Commissioners, any questions? SHIMAOKA: I just have one on, and maybe this is directed at County Planning, the conditions that you provided for the Inabas, do they apply here in this case when they did their additional dwelling? Regarding the CPR? DARROW: Correct. Any time that an applicant comes and submits an application for an additional farm dwelling, the same process will apply. SHIMAOKA: Okay. So could we say that Dr. In fits under the same conditions? DARROW: I'm sorry I missed that. SHIMAOKA: Dr. In, would he fit under the same conditions that you gave the Inabas? 6 DRAFT DARROW: Well, in this particular case we are looking at one property, and so you had the original dwelling,which I believe was Mr. In's, and then the Inabas came in for an additional farm dwelling. If the Change of Zone is approved, then this would be two separate parcels; each person, the Inabas as well as Mr. In, could come in for an additional farm dwelling agreement. So the Inabas' additional farm dwelling would most likely be just the first farm dwelling at that point on that property. SHIMAOKA: Thank you. UNGER: Commissioner Church. CHURCH: Jeff, I'm still a little confused here. So J says that"Restrictive covenants in the deeds of all proposed lots shall give notice [that the terms of the zoning ordinance] prohibit the construction of a second dwelling ...," to give notice about second dwelling. So does that get altered then? DARROW: Well, we would, the request at this point is to remove Condition J. CHURCH: Okay. DARROW: And then the Planning Department would provide additional language, if the Commission is entertaining this change. If I can elaborate shortly,normally, as I mentioned, our standard condition is not to increase in density in these. In this particular situation we are looking at a larger agricultural property in an area that is located within the General Plan Land Use Pattern Allocation Guide Map of Low Density Urban. So it's actually, long-term plan for this area is residential, to allow for higher density. So in this particular case we could see an allowance for this particular request. UNGER: Thank you. Commissioner Carr Smith. DARROW: I'm sorry, Mr. Chairman. CARR SMITH: So with the Family Agriculture, if this condition were not there, that zoning would allow for a second dwelling? DARROW: If this was not through a Change of Zone and it was currently zoned Family Agriculture, it would, an applicant could apply for an additional farm dwelling agreement. And just to clarify for the Commission, an additional farm dwelling agreement isn't an automatic approval; there is a process that you go through to be approved for that, showing that the agricultural activity on the property generates the need for an additional dwelling. UNGER: Dr. In, are you familiar with that form and what— IN: Yes, I am. 7 DRAFT UNGER: Have you decided what sort of intense agricultural operation you want to develop in order to qualify for your second dwelling? IN: Yes, I'm planning to take some workshops on starting a farm and starting an agri business. Basically my, my vision is to apply for some kind of a non-profit status so that I can do farming but have peoples from the community come for education, for health needs, and have small sustainable agriculture there whether it's beds or fishponds or a closed system that can make use of composting, things like that. And, you know,previously when I was hoping to create a pocket neighborhood,we did apply and approach the Water Department, and they said that there was a possibility of having additional water meters, that there was access to County water. So water is not a problem. But my, the language in the County ordinance says that, you know,we would be submitting a plan of how we would envision the farm, yes. UNGER: Thank you. Any other questions? Thank you, Dr. In. IN: Thank you. UNGER: The hearing is now open for public testimony. Is there any members of the public here to testify on this matter? Seeing none, I would like a motion from the Commissioners to close this portion. SHIMAOKA: I motion that we close. NOBRIGA: Second. UNGER: We have a motion by Commissioner Shimaoka, second by Commissioner Nobriga. All in favor? COMMISSIONERS: Aye. UNGER: Oppose? [None.] Motion carries. Public hearing is closed. So, Commissioners, I'm looking for a motion on this agenda item. SHIMAOKA: I move that a favorable recommendation be forwarded to the County Council— NOBRIGA: I second. SHIMAOKA: —on the application for Change of Zone, Docket Number REZ 17-217, based on our Planning Director's recommendation and findings, which shall be adopted. NOBRIGA: I second. UNGER: So we have a motion by Commissioner Shimaoka, second by Commissioner Nobriga. The floor is now open for discussion. 8 DRAFT CARR SMITH: I just wanted to say that I support the concept of removing Condition J, allowing the applicant to be able to build his primary home there, subject to the Department of Health letter and any subsequent decisions by Planning Department. UNGER: Thank you. CHURCH: I was wondering whether the motion needs to cite the removal of conclusion— UNGER: It does— CHURCH: —recommendation J. UNGER: It doesn't,right now as the motion sits it does not. SHIMAOKA: So we, do I add that condition? UNGER: If you want to add the condition, yes, that SHIMAOKA: Yes, okay, I will restate the motion then. UNGER: Okay. SHIMAOKA: I move that a favorable recommendation, again, be forwarded to the County Council on the application for Change of Zone, Docket Number REZ 17-217, with the condition that will remove Item J, and based on the Planning Director's recommendation and findings, which shall be adopted. UNGER: Do we have a second? CHURCH: I will second that. UNGER: So motion by Commissioner Shimaoka, second by Church. So, again, the floor is open for discussion. CHURCH: Okay, I would ask whether we need to further amend it to state that J will be substituted with language drafted according to guidelines given by the Planning Department. UNGER: That's fine. Any further clarification is fine, so we can add that. DARROW: If I could interject— UNGER: Yeah. DARROW: —Mr. Chairman. We do have some language that we can present to the Commission. This would be language added at the end of Condition E. It would state, "Additional farm dwellings, if approved by the Planning Department, shall be serviced by 9 DRAFT individual water meters as approved by the Department of Water Supply." And that would be added in, substitute for the deletion of Condition J. Thank you. UNGER: Right, okay. Does that clarify your motion then? Okay. So that is the motion on the floor. Continuing discussion? Can Smith. CARR SMITH: Mr. In, I support your application. I'm from Waimea as well, so I'm familiar with the property. Thank you. UNGER: I support the application also, and I think it is important to know that the Planning Department does, or the applicant still has to go through a process to, as Mr. Darrow pointed out, it's not an automatic right to build a second home; the applicant has to show a viable agricultural farm in order to qualify for the second dwelling. So it's in line with a lot of issues, including the Community Development Plan and the zoning in the area. So I also will be giving a favorable recommendation. Any other comments? Mr. Darrow, roll call, please. DARROW: Thank you, Mr. Chairman. With that, we'll take the roll call. Commissioner Shimaoka? SHIMAOKA: Aye. DARROW: Commissioner Church? CHURCH: Aye. DARROW: Commissioner Can Smith? CARR SMITH: Aye. DARROW: Commissioner Kaholo? KAHOLO: Aye. DARROW: Commissioner Kealoha? KEALOHA: Aye. DARROW: Commissioner Nobriga? NOBRIGA: Aye. DARROW: And Mr. Chairman? UNGER: Aye. DARROW: The motion passes, seven to zero. 10 DRAFT UNGER: Thank you, Dr. In. You'll be notified in writing by the Planning Commission. The discussion ended at 10:07 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 11 DRAFT