HomeMy WebLinkAboutCOM 0120.000 2018-2020 JNtY OF h1{y
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Managing Director
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Barbara J.Kossow
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25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 t° CD
(808)323-4444 • Fax(808)323-4440 ,Nsaa. C")
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February 5, 2019
Aaron S. Y. Chung, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Members:
SUBJECT: Change of Zone Application (REZ 17-000219)
Request: A5a to FA-la
Applicant: Martin M. Ohan Trust
Tax Map Key: 7-3-005:112
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 requests.
Sincere y,
HARRY M
Mayor
MTransCouncilOhanREZ 17-219
Enclosures
cc: Planning Department
(tai 113x)
Comm. No. i:io
Ref.To: PC'
Ref. Date E� 1 Z
County of Hawai`i is an Equal Opportunity Provider and Employer. U 1 y
tv°FN.: 1
°J~* r'''••t�' Keith F.Unger, Chair
Harry Kim u; y1,/; . `', g ,
Mayor if s.,�; ��: Nancy Carr Smith,Vice Chair
;I Scott Church
. •. Perry Kealoha
'.'�TE 6F•N�'''�'. Oliver"Sonny"Shimaoka
Michael Vitousek
• Faith"Faye"Yates
County of Hawai i
LEEWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
FEB - 52019
Aaron S.Y. Chung, Council Chair
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair Chung and Council Members:
SUBJECT: Change of Zone Application (REZ 17-000219)
Applicant: Martin M. Ohan Trust
Request: A-5a to FA-la
Tax Map Key: 7-3-005:112
The Leeward Planning Commission, at its duly held public hearing on January 17, 2019,
recommended for your approval the proposed legislative bill for an Change of Zone from an
Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre (FA-1a) zoning district. The property is
located south of Hi`olani Street, at the end of Lalei Place, Co oma 1st,North Kona, Hawai`i.
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-la for 5.966 acres of
land to subdivide the property into five (5) 1+-acre sized parcels. The applicant plans to
extend Lalei Place through the subject property and connect to Hane Street. The applicant
intends to construct the extension to County dedicable standards and dedicate it intends to
keep one(1) or two (2) lots for family purposes and sell the balance to help address the
required infrastructure costs.
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
Hawai`i County is an Equal Opportunity Provider and Employer
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 2
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-la) zoned district will conform to, among others, the following goals,
policies and standards of the Land Use and Economic General Plan Elements, the
General Plan LUPAG Map, and the Kona Community Development Plan. 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. 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. A change of zone from A-
5a to FA-la to allow for smaller lot sizes would be consistent with this low-density urban
designation.
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. Soils within the property are
identified as Punalu`u Extremely Rocky Peat, 6 to 20 percent slopes (rPYD). The Land
Study Bureau's Detailed Land Classification System identifies soils of the property as "D" or
"Poor" soil for agricultural productivity. Lastly, soils in within the subject property are
identified as "Unclassified"by the ALISH System. The site has not been used for intensive
agriculture recently as it has been used more for limited cattle grazing given the less than
optimal soil conditions of the site. That said, given the proposed lot sizes, the potential for
small-scale orchard and/or ornamental farming activity exists for the newly created lots.
Additionally, a condition limiting the number of dwellings on the lot to one (1) will be added
to this ordinance, which will help preserve land area for agricultural purposes as opposed to
additional residential uses.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 3
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.
The subject property falls within the Kona CDP "Kona Urban Area", but is not
within a designated Transit Oriented Development(TOD) zone. In addition, the subject
parcel is situated within Concurrency Zone"D" on the Kona CDP Official Concurrency
Map. Kona CDP Policy TRAN-6.1 indicates that all roadways in the Kona Urban Area are
"critical road areas"to be built concurrent with the occupancy of units as defined in the
Zoning Code `Concurrency Requirements' section. Rezonings within the Kona Urban Area
shall comply with the Official Concurrency Map, which identifies the road segments to be
constructed concurrent with occupancy of units as the minimum"area mitigation", as
defined in HCC 25-2-46 (Zoning Code).
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 4
Despite the preceding, which has delayed this proposed Change of Zone application
since 2017, the Planning Director anticipates near-term amendments to, amongst others, the
concurrency section of the Kona CDP, which would support this proposed rezone. The
proposed CDP amendment would require a landowner applying for rezoning to commit any
right-of-way or improvements of proposed roadways shown on the Official Transportation
Map in a manner that is proportionate to the project's impacts as determined by a traffic
study. Concurrency Zone"D" contains one proposed roadway, the extension of Holoholo
Street-Kealaka`a Street which is located about 3,000 feet to the west of the subject property.
Additionally, the proposed 5-lot subdivision will generate about 5 peak-hour trips per day
which is well under the 50 peak-hour trip trigger for necessitating a traffic study. Thus, the
proposed change of zone is not expected to generate significant traffic impacts which would
require additional road improvements other than those proposed by the applicant for creating
better connectivity between the existing subdivisions, as discussed below.
Policy LU-2.8 of the Kona CDP provides guidance on conventional rezoning in the
Kona Urban Area outside of Transit-Oriented Development (TOD) areas. The CDP
encourages Infill Rezoning, which are defined as rezonings that, "...connect two or more
pre-existing developments. Infill is usually associated with small scale developments of 20
acres or less that have been leapfrogged by the surrounding or adjacent developments. Infill
rezonings should be conditioned to ensure connectivity to the surrounding developments
and, where applicable, to provide mixed-use opportunities to make the area more
walkable. " The project area is located between the pre-existing Kona Acres Subdivision
and the O`oma Plantation Subdivision and as discussed below, the applicant will construct
the extension of Lalei Place to connect to Hane Street creating a through connection between
the adjacent developments. This connection also conforms to Policy Tran-2.1, which
articulates the Kona CDP road connectivity standards.
All utilities and services are available to the property. Access to the property is
via Lalei Place, which is a County-owned road that has a 20-foot wide pavement and 4-foot
wide paved shoulders within a 50-foot right-of-way. The applicant is proposing to construct
the extension of Lalei Place fronting its property to County dedicable standards and dedicate
it to the County. The extended road would connect with Hane Street, making it possible for
a loop connection to the Mamalahoa Highway. The Department of Public Works,
Engineering Division, supports the applicant's proposal to construct a County dedicable
street connection between Lalei Place and Hane Street, which are both existing County
streets, siting conformance to the Kona CDP's connectivity standards. DPW also stated that
the proposed street alignment and lot line configuration does not appear to afford adequate
driveway approach sight distance for the mauka lots (inside the curve). DPW offered
mitigation alternatives for the non-conforming sight distance with the proposed alignment,
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 5
including reconfiguring the lot lines (DPW provided a suggested lot reconfiguration),
maximizing sight distance in the selection of the approach locations, implementing access
controls with no-vehicular-access easements, sight distance easements over the adjacent lots
with maintenance required or allowed (or both)by deed covenant and traffic calming
measures. The construction and dedication of the street connection between Lalei Place and
Hane Street to County dedicable standards as well as complying with DPWsight distance
requirements will be added as a condition of this ordinance.
County water is available from an existing 6-inch waterline within Lalei Place which
crosses through the subject parcel. As there is no municipal sewer system in the area,
wastewater will be disposed of through individual wastewater system(s)meeting with the
State Department of Health. Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer stations. All essential
utilities such as telephone, cable, and electrical services are available to the site. Police, fire
and medical services are available nearby in Kona. To limit the cumulative impact of the
proposed subdivision on area infrastructure, a condition of approval will prohibit a second
dwelling and condominium property regime on each lot.
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 Department of Public
Works, Engineering Division stated that all development generated runoff shall be disposed
of on-site and shall not be directed toward any adjacent properties. Additionally, DPW
recommended a drainage study be prepared for the project and that any resulting drainage
system that is recommended from the study be constructed meeting wth the approval of
DPW. This will be added as a condtion to this ordinance.
The request is not contrary to Chapter 205A, Hawai`i Revised Statutes, relating
to Coastal Zone Management Area. The property is not situated within the Special
Management Area. It is located approximately 3.5 miles from the nearest shoreline 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 as the site has been grubbed and cleared in
2003 and 2005 by the applicant and used for cattle grazing.
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 6
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and
"Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian gathering and
fishing rights must be addressed in terms of the cultural, historical, and natural resources and
the associated traditional and customary practices of the site:
■ Investigation of valued resources: An archaeological reconnaissance survey was
conducted during March-June 1998 by William J. Bonk. The survey noted that
possible presence of an unmarked burial. Subsequently, a Burial Treatment Plan was
prepared and approved by the Burial Council. This resulted in the remains being
reinterred in the descendants' family plot in North Kohala in November 2000. A
copy of the Burial Treatment Plan, dated July 2000, and the court appointed
commissioner's report, dated February 2, 2001 are found in Appendix A of the
application. Subsequently, an Archaeological Inventory Survey(AIS) of the subject
site was performed by Haun and Associates. The report, dated October 2001, was
approved by the State Historic Preservation Division (SHPD) in a letter, dated May
8, 2002. The report and approval letter are found in Appendix B of the application.
■ The valued cultural, historical, and natural resources found in the rezoning area. As
mentioned above, the remains found in the unmarked burial on the property were
reinterred in the descendants' family plot in North Kohala in November 2000. The
2001 AIS identified thirteen(13) sites consisting of forty six (46) features. The site
types included habitation, agriculture, ranching and a burial. Of the thirteen(13)
sites, twelve (12) were determined to be significant solely for their information
content. The remaining site was the burial which had been relocated as noted above.
Thus,per the approved AIS, it does not appear that any archaeological resources
would be affected by this proposed development. •
• Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
• Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these rights.
However, 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
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 7
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 1-acre (FA-la) 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 25-8-3 (North Kona 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.
Sin,)erely,
Wil.
LGatit_gni.Uc—/6,
Nancy Carr Smith, Vice Chair
Leeward Planning Commission
LOhanREZ17-2191pc2
Enclosures
Aaron S.Y. Chung, Council Chair
and Members of the County Council
Page 8
cc: Sidney Fuke, Planning Consultant
Martin M. Ohan Trust
Depthtuient of Public Works
Department of Water Supply
DOT-Highways, Honolulu
Amy Self, Esq., Corporation Counsel
Planning Department - Kona
BOhanTrustREZ.crk/mjj.1.9.19
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
MARTIN M. OHAN TRUST
CHANGE OF ZONE APPLICATION (REZ 17-000219)
MARTIN M. OHAN TRUST has submitted an application for a Change of Zone from an
Agricultural-5 acre (A-5a) to a Family Agricultural-1 acre(FA-1a) zoning district for
approximately 5.966 acres of land. The parcel is situated south of Hi`olani Street, at the end of
Lalei Place, O`oma 1St,North Kona, Hawai`i, TMK: 7-3-005:112.
APPLICANT'S REQUEST
1. Proposed Action: The applicant is requesting a Change of Zone from A-5a to FA-la for
5.966 acres of land to subdivide the property into five (5) 1+ -acre sized parcels. The
applicant plans to extend Lalei Place through the subject property and connect to Hane
Street. The:applicant intends to construct the extension to County dedicable standards and
dedicate it to the County. The applicant does not have any plans to do a house/lot
package, instead intends to keep one (1) or two (2) lots for family purposes and sell the
balance to help address the required infrastructure costs. According to the Zoning Code,
the Family Agricultural (FA) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by farm
estates, small acreage farms, or subsistence lots. Requirements for establishing a land use
in the FA district, including a list of the variety of permitted uses, are shown in Section
25-5-60 to 25-5-67 of the Zoning Code (Planning Department Exhibit 1 —FA District
Zoning Code)
2. Supportive Information: The applicant has submitted the attached in support of the
request. (P.D. Exhibit 2 - Change of Zone Application)
3. Landowner: Martin M. Ohan Trust.
STATE AND COUNTY PLANS
4. General Plan LUPAG Map Designation: Low Density Urban.
5. State Land Use District: Agricultural.
6. County Zoning: A-5a.
7. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawai`i
County Council on September 25, 2008, identifies the property as situated within the
"Kona Urban Area", although not within a designated Transit Oriented Development
(TOD) zone. In addition, the subject parcel is situated within Concurrency Zone "D" on
the Kona CDP Official Concurrency Map.
8. 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) and is located approximately 3.5 miles from the nearest
shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
9. Subject Property: The subject property is situated makai of the Mamalahoa Highway,
between the Kona Palisades Subdivision to the north and the Kona Hills Estates
Subdivision to south. Hi`olani Street is situated to its immediate north and intersects with
Lalei Street. The subject site is situated at the end of Lalei Street. The property is 5.966
acres in size and is roughly triangular in shape and is currently vacant of structures.
According to the applicant, the property has most recently been used as pasture land for
cattle.
10. Surrounding Zoning/Land Uses: The zoning surrounding the subject parcel includes A-
5a and A-1 a zoning to the west, A-1 a directly to the north, FA-2a directly to the south,
and A-5a to the east. According to the applicant, the area surrounding the subject site is
dominated by residential uses, primarily the Kona Palisades Subdivision to the north
(Zoned RS-10 with 10,000+ square foot lots), as well as Phase I and II of the Kona Acres
Subdivision (1+ acre lots). Phase I and II of the Kona Hills Subdivision is located along
the southern mauka portion of the project site (1+ acre lots) as well as the recently
developed O`oma Plantation Subdivision (2+ acre lots).
11. ALISH: Unclassified.
12. Land Study Bureau's Detailed Land Classification System: "D" or"Poor" soils.
13. U.S. Soil Survey: Punalu`u Extremely Rocky Peat, 6-20% (rPYD).
14. FIRM: The project area is located in Zone "X", an area outside of the 500-year flood
area.
15. Flora/Fauna Resources: There were no professional flora/fauna surveys conducted of
-2-
K
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
grubbed and cleared in 2003 and 2005 by the applicant and used for cattle grazing.
16. CulturaUHistoric/Archaeological Resources: An archaeological reconnaissance survey
was conducted during March-June 1998 by William J. Bonk. The survey noted the
possible presence of an unmarked burial. Subsequently, a Burial Treatment Plan was
prepared and approved by the Burial Council. This resulted in the remains being
reinterred in the descendants' family plot in North Kohala in November 2000. A copy of
the Burial Treatment Plan dated July 2000, and the court appointed commissioner's
report, dated February 2, 2001 are found in Appendix A of the application.
Subsequently, an Archaeological 1 Inventory Survey(AIS) of the subject site was
performed by Haun and Associates. The report, dated October 2001, was approved by the
State Historic Preservation Division (SHPD) in a letter, dated May 8, 2002. The report
and approval letter are found in Appendix B of the application. The AIS identified
thirteen (13) sites consisting of 46 features. The site types included habitation,
agriculture, ranching and a burial. Of the thirteen (13) sites, twelve (12) were determined
to be significant solely for their information content. The remaining site was the burial,
which had been relocated as noted above. Thus,per the approved AIS, it does not appear
that any archaeological resources would be affected by this proposed development. The
applicant neither recalls seeing any native Hawaiians using the subject or immediate
II
surrounding area in the recent past for the gathering of plants nor learning of any
information to that effect from area residents.
17. 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
18. Access: According to the applicant, access to the property would be via Lalei Place,
which is a County-owned and maintained road with 20-foot wide pavement and 4-foot
wide paved shoulders within a 50-foot right-of-way. The applicant is proposing to
construct the extension of Lalei Street fronting its property to County dedicable standards
-3-
and dedicate it to the County. As such, the proposed subdivision would result in the
extension of Lalei Place to Hane Street, making it possible for an eventual loop
connection to the Mamalahoa Highway. The Department of Public Works, Engineering
Division, supports the applicant's proposal to construct a County dedicable street
connection between Lalei Place and Hane Street, which are both existing County streets,
siting conformance to the Kona CDP's connectivity standards. DPW also stated that the
proposed street alignment and lot line configuration does not appear to afford adequate
driveway approach sight distance for the mauka lots (inside the curve). DPW offered
mitigation alternatives for the non-conforming sight distance with the proposed
alignment, including reconfiguring the lot lines (DPW provided a suggested lot
reconfiguration), maximizing sight distance in the selection of the approach locations,
implementing access controls with no-vehicular-access easements, sight distance
easements over the adjacent lots with maintenance required or allowed (or both) by deed
covenant and traffic calming measures. Finally, DPW suggested that providing flexibility
in minimum lot size would allow for a flatter alignment and incorporating a portion of the
government road reserve may also help/be necessary to tie in tangent to existing Hane
Street.
19. Water: According to the Department of Water Supply, County water can be made
available from an existing 6-inch waterline within Lalei Street which crosses through the
subject parcel.
20. 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.
21. Solid Waste: According to the applicant, solid waste will be handled through
commercial haulers or the individual homeowners into authorized landfill sites or transfer
stations.
22. Essential Utilities and Services: All essential utilities such as telephone, cable, and
electrical services are available to the site. Police, fire and medical services are available
nearby.
-4-
AGENCIES' COMMENTS
23. Department of Public Works: (Planning Department Exhibit 3—May 15, 2017
Memo)
24. Department of Water Supply: (Planning Department Exhibits 4 and 5—April 26,
2017 and December 27, 2018)
25. Fire Department: (Planning Department Exhibit 6—May 3,2017 Memo)
26. Department of Land and Natural Resources Land Division: (Planning Department
Exhibit 7—May 17, 2017 Letter)
27. Department of health: (Planning Department Exhibit 8—May 15, 2017 Memo)
AGENCIES -NO COMMENTS/CONCERNS
28. Department of Environmental Management, Police Department.
AGENCIES -NO RESPONSES
29. Real Property Tax Division, Kona Traffic Safety Committee, DLNR Historic
Preservation Division- State Historic Preservation Division.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
30. The applicant has submitted a letter responding to comments from governmental
agencies. (Planning Department Exhibit 9—Letter dated June 6,2017)
PUBLIC COMMENTS
31. 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.
-5-
ZONING § 25-5-57
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau's master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol"FA" followed by a number and the lower case letter "a"which indicates the
required number of acres for each building site. For example, FA-la means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-87
Planning Dept.
Exhibit, I
§ 25-5-62 • HAWAI`I COUNTY CODE
Section 25-5-62. Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals. ,
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(8) Crop production. "
(9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised
Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation.
(12) Group living facilities.
(13) Kennels.
(14) Livestock, grazing;provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
(16) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
(18) Roadside stands for the sale of agricultural products grown on the premises.
(19) Utility substations, as permitted under section 25-4-11.
(20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
(21) Veterinary establishments.
(b) The following uses may be permitted in the FA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers.
25-88
ZONING § 25-5-62
(c) The following uses may be permitted in the FA district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawai`i Revised Statutes.
(d) The following uses may be permitted in the FA district, provided that a use permit
is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86,
sec 8.)
Section 25-5-63. Height limits.
The height limit in FA districts shall be thirty-five feet for any residential
structure, including any single-family dwelling or farm dwelling, and forty-five feet for
all other structures.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-89
§ 25-5-65 HAwAI`I COUNTY CODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre of required area plus twenty feet for each
additional acre of required area; provided that no building site shall be required to have
an average width greater than three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor,'vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling located on or
used in connection with a farm or if the agricultural activity provides income to the
family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the FA district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
,(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An ohana dwelling may be located on any building site in the FA district, as
permitted under article 6, division 3 of this chapter.
•
25-90
ZONING § 25-5-67
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is,used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 7. A,Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A(agricultural) district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
"A" followed by a number together with the lower case letter"a" which indicates the
required or minimum number of acres for each building site. For example,A-l0a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
• 25-91
?t117 riF!R 2n Pin - 49
ENT
),J1
APPLICATION
FOR
COUNTY REZONING
(A-5a to FA-la)
MARTIN M. OHAN TRUST
O'OMA 1st, NORTH KONA, HAWAI'I
TMK: (3) 7-3-05: 112
Prepared For:
Martin M. Ohan Trust
Prepared By:
Sidney M. Fuke, Planning Consultant
March 2017
Planning Dept.
Exhibit 2.
7117 RlRR 2R pe 43
CHANGE OF ZONE APPLICATION
COI.J1•1 1 r i.J;
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Martin M. Ohan Trust
APPLICANTS SIGNATURE: _ DATE:7/Welt /D,20/r
ADDRESS: 76-6223A Mikilana Street,Kailua-Kona,HI 96740-3003
LIST APPLICANTS INTEREST IF NOT OWNER:
LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (808)987-7385 (Res.) (Fax)
LANDOWNER(S): Martin M. Ohan Trust
LANDOWNER SIGNATURE(S): (/K• DATE: A /0, 20i7
(May be by letter)
LANDOWNER(S)ADDRESS: 76-6223A Mikilana Street,Kailua-Kona,HI 96740-3003
REQUEST: A-5a TO
Q FA-1 a
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7-3-005: 112
STREET ADDRESS OF PROPERTY: Lalei Place, Kailua-Kona, HI
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 5.966 acres
AGENT: Sidney M. Fuke, Planning Consultant
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: Martin Ohan
110615
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? l+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? 1 month
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?
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
f. If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has. Please, also , include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
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? No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
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
b Public Utilities
I. Other X
For those checkedes , please elaborate what type�� or kinds of improvements
and/or assistance are needed.
Signature: (—Xejlt
Address: 76-6223 Mikilana Street,Apt.A Kailua-Kona,HI 96740-3003
--
P
Tele hone: (808)987-7385 -- --_-_ -- -_—_-----
Date: 11/m610,2017
•
-4 •-
COUNTY REZONING REQUEST (A-5a to FA-1a)
MARTIN M. OHAN TRUST
OOMA 1St, NORTH KONA, HAWAII
TAX MAP KEY: (3) 7-3-005: 112
INTRODUCTION
The applicant, Martin M. Ohan Trust, is requesting the rezoning of a 5.966
acre parcel from Agriculture (A-5a) to Family-Agriculture (FA-1) district in
O'oma 1st, North Kona, Hawaii. The property is generally situated makai of
the Mamalahoa Highway, in the vicinity of Ka'iminani Street. It is somewhat
sandwiched between the Kona Palisades Subdivision to its north and the
Kona Hills Estates Subdivision to its south. (See Figures 1 and 2) More
specifically, it is situated south of Hi'olani Street, at the end of Lalei Street.
If approved, the applicant intends to subdivide the 5.966 acre site into five
(5) 1+ acre sized lots. Access to this site would be through the extension of
Lalei Street. The applicant does not have any plans to do a house/lot
package, instead intends to keep one (1) or two (2) lots for family purposes
and sell the balance to help address the required infrastructure costs.
II. PROJECT LOCATION
As noted earlier, the subject area is located makai of the Mamalahoa
Highway, somewhat sandwiched between the Kona Palisades Subdivision to
its north and the Kona Hills Estates Subdivision to its south. Hi'olani Street
is situated to its immediate north and intersects with Lalei Street. The subject
site is situated at the end of Lalei Street.
The area surrounding the subject site is dominated by residential uses,
primarily the Kona Palisades Subdivision to the north, as well as Phases I
and II of the Kona Acres Subdivision. The Phases I and II of the Kona Hills
Subdivision is located along the southern mauka portion of the project site as
well as the recently developed O'oma Plantation. (See Figure 3)
III. PROJECT DESCRIPTION
A. Project Concept and Components
The applicant would like to develop the subject site into five (5) 1+
acre lots geared to those interested in doing some family-oriented or
backyard agricultural pursuits in a quasi-rural environment. The
proposed 1+ acre lots would be somewhat compatible and/or
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TIOMAS G.PA111SON
NnWltnu.tie.10111 • IPATTISON LAND SURVEYING,INC, ;,,,,,;,,,,;,;,,,;,_,.,.•. .,,•,
consistent with the lots within the major subdivisions adjacent and/or
proximate to the subject site. These include the Kona Hills
Subdivision (1+ acre), Kona Acres Subdivision (1+ acre), and the
Kona Palisades Subdivision (10,000+ square feet). The only
exception would be the 2+ acre lot subdivision to the south, O'oma
Plantation. (Figure 4)
The applicant intends to construct the extension of Lalei Street
fronting its property to County dedicable standards and dedicate it to
the County. As such, the proposed subdivision would result in the
extension of Lalei Street to Hane Street, making it possible for an
eventual loop connection to the Mamalahoa Highway. It should be
noted, however, that the southern loop may practically at this time be
a bit problematic, inasmuch as Hamo Street, which connects to the
Mamalahoa Highway, is privately owned with a gate at the Highway.
Nonetheless, the connectivity prospect, especially in the event of an
emergency; exists.
Because of the site's location, the applicant believes that the site
could support ornamental plants and fruit trees. At the same time, its
proximity,to residential subdivisions makes it suitable for residential
uses.
To assure the retention of this agricultural/residential potential, the
applicant is prepared to have covenants that would restrict the
number of dwellings to one on each of the proposed lots.
The applicant understands that the subdivision plan submitted herein
may change prior to receipt of final subdivision approval to
accommodate County subdivision requirements and appropriate
conditions of zoning approval.
B. Project Timetable and Cost
The applicant hopes to secure the necessary County rezoning
approval as soon as possible and begin the subdivision process
immediately thereafter. Tentatively, plans call for having the land
being subdivided by early to mid 2018.
The estimated cost of infrastructure improvements would be
approximately $500,000.
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IV. INSTITUTIONAL CONSIDERATIONS
A. State Land Use
The subject area is designated Agriculture. Based on the size of the
requested area, no State Land Use Commission action is required.
The County of Hawaii can process the rezoning request.
B. County General Plan
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the most of the site Low Density Urban.
This designation suggests land uses that are (S)ingle-family
residential in character, ancillary community and public uses, and
convenience type commercial uses."
Based on the requested Family-Agriculture (FA-1a) designation, the
project would be consistent with the General Plan LUPAG
designation, and no amendments would be required.
C. Kona Community Development Plan
The Kona Community Development Plan ("CDP"), adopted in 2008,
attempts to further define the General Plan and serves as a guide for
decision-makers.
The Land Use map of the CDP appeared to follow or utilize the
digitized version of the General Plan LUPAG map. In that regard, the
subject site is identified as being within the Kona Urban Area, which
parallels the LUPAG designation of Low Density Urban. Thus, the
requested FA-la zoning would be consistent with and implement this
designation. (Please see Chapter IX-C for more discussion on this.)
D. County Zoning
The County zoning of the subject property is Agriculture (A-5a).
Properties immediately to the west and south are zoned A-la,
encompassing the Kona Acres Subdivision — Phase II and the Kona
Hills Subdivision — Phases I & II. The O'oma Subdivision immediately
to the south is zoned Family-Agriculture (FA-2a), while the immediate
properties on the mauka and makai side of the subject site is zoned
Agriculture (A-5a). The properties beyond that are part of the Kona
Palisades Subdivision, the zoning of which is A-5a. The 10,000
3
square foot sized lots within that subdivision are considered non-
conforming. (See Figure 4)
If approved, the site would be subdivided in a manner meeting with
both the Zoning and Subdivision Codes. Further, all uses and
standards consistent with the requested FA-la zone would be
adhered to.
E. Relationship to SMA Obiectives and Policies
The site is not located within the County Special Management Area
(SMA). As such, no SMA Use Permit would be required. However,
as the entire island falls within the State Coastal Zone Management
(CZM) Area, some discussion of the request's relationship to the CZM
Program follows.
The site is not adjacent to the ocean. It is more than two (2) miles
from the shoreline. As such, the proposed action should not have any
adverse impacts on the area's coastal recreational and marine
resources nor have any impacts on beach protection.
The likelihood of this improvement having any impacts to the area's
historic resources is not likely. Although there was an unnamed
burial site, that site was re-interred per State Historic Preservation
Division protocols. Thus, the site should be devoid of any significant
archaeological features. However, should there be any inadvertent
finds during construction of the project, work will stop until clearances
are received from the appropriate County and State agencies.
The proposed action will involve the construction of improvements in a
rural/urban setting. Accordingly, there is a potential visual impact to
the area's scenic and open space resources. However, the project
would involve the construction of a residential dwelling on each of the
respective lots. As the proposed lots are large (1+ acres), the visual
obstruction, if any, should be minimal. At the same time, the site is
not readily visible from the Mamalahoa Highway and thus any visual
impact to the near or off shore waters as well as to slopes of Hualalai
Mountain would be minimal.
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over two (2) miles from the ocean.
Notwithstanding the distance, the nature of the project— residential-
agricultural —and the construction of septic wastewater systems are
4
such that potential coastal ecosystem impacts would usually not be
found.
The proposed action will result in creating the potential for
residential/agricultural farm lots in this area. This should thus provide
additional opportunities for farming. In so doing, the project could aid
the agricultural economy and the overall economic use of this site
and the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is _
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA-la,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard,
the project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will be sent by the applicant to
surrounding property owners of the submittal of the application, and
again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating
to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
Underground Injection Control (UIC) permit, and the like.
5
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject parcel is located on the southwestern slope of Hualalai,
approximately two (2) miles from the ocean. The parcel is gently
sloping, ranging from an elevation of 980 feet to 1,280 feet above
mean sea level.
The mean annual rainfall in this area ranges between 50 and 75
inches. The wetter months tend to occur between March through
September. The mean annual temperature is about seventy-five (75)
degrees Fahrenheit, with the warmer months during the summer.
Because the site is situated on the leeward side of the island, winds
tend to be light and variable. Slight easterly winds occur during the
day, while westerly or mountain winds are prevalent during the
evenings.
The subject site is generally triangular in shape. It is approximately
1,000 feet at its longest end, with the shorter sizes ranging between
630 to 780 feet. There is a 20-foot wide government road reserve
called Alanui Kauila running north/south along the makai or westerly
boundary of the site. The applicant does not intend to use this road
for the extension of Lalei Place. Thus, the integrity of this old reserve
road will be maintained. (See Figure 3).
The site is vacant of any structures. It was used for cattle grazing in
the past, but is presently overgrown with mid-level shrubbery,
including christmas berry.
B. Soils and Topooraphv
The topography of the site slopes slightly in a mauka (east) to makai
(west) direction. There is a gradual 10 to 15 percent slope running
mauka-makai.
The US Department of Agriculture Soil Conservation Service Soil
Survey Report classifies the soil to be of the Punaluu extremely rocky
peat (6-20% slopes). A thin organic deposit of dark peat typifies this
type of soil over pahoehoe lava. It is rapidly permeable with slow
runoff potential and slight erosional hazard. It is suitable for
pasturage.
6
The Land Study Bureau Overall Master Productivity Rating for the
subject area is essentially Class "D" or fair(D267). This suggests the
site has poor productivity potential for agricultural crops. It is of the
A'a with Honoaulu and Moaula soil series. This type of soil series has
limited soil material. The color is dark brown, and the parent material
is A'a and volcanic ash. It is very well drained and, because it is
rocky with frequent outcrops of pahoehoe, is not suited for machine
tillability.
The State of Hawaii's Agricultural Lands of Importance to the State of
Hawaii (ALISH) maps do not have a classification of this area.
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates the project site to be located in Zone X, areas
outside the 500-year flood plain.
2. Tsunami Hazard
As the site is located over two (2) 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 the
area as Lava Flow Hazard Zone 4, on a scale of ascending risk ,
9 to 1. The populated area of Kailua-Kona also falls in this
category, while the City of Hilo is classified Zone 3. There is
very little that can be done to mitigate this situation and reflects
an ongoing threat to all residents and businesses in these
areas.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
building permit process to address this seismic hazard.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral or
7
faunal resources of the site, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within the
subject site.
The site has already been used for cattle grazing in the past. A visual
inspection of the site confirmed the presence of a few African Tulip
(Spathodea campanulata) trees, patches of lantana (Lantana
camara), Christmas berry (Schinus terebeinthifolius), a mango tree,
koa haole (Leucaena leucocephalala), and a few other non-native
plants. . None of the identified plants are listed on either considered
endangered on either the National or State registers. Thus, floral
impacts should be minimal.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk I'o) and the Hawaiian Owl (Pueo). Further, the
disturbed and quasi-urban nature of the surrounding areas would
make it less likely to find endangered animal life in the area.
E. Historic/Cultural/Archaeological Resources
The late William J. Bonk did an archaeological reconnaissance survey
during March-June 1998. The survey noted that possible presence of
an unmarked burial. Subsequently, a Burial Treatment Plan was
prepared and approved by the,Burial Council. This resulted in the
remains being reinterred in the descendants' family plot in North
Kohala in November 2000. A copy of the Burial Treatment Plan,
dated July 2000, and the court appointed commissioners report,
dated February 2, 2001 are found in Appendix A.
Subsequently, a formal Archaeological Inventory Survey (AIS) of the
subject site was performed by Haun and Associates. The report,
dated October 2001, was approved by the State Historic Preservation
Division (SHPD) in a letter, dated May 8, 2002. The report and
approval letter are found in Appendix B.
The AIS identified thirteen (13) sites consisting of forty six (46)
features. The site types included habitation, agriculture, ranching and
a burial. Of the thirteen (13) sites, twelve (12) were determined to be
significant solely for their information content. The remaining site was
the burial which had been relocated as noted in Appendix A.
8
Thus, per the approved AIS, it does not appear that any
archaeological resources would be affected by this proposed
development. Furthermore, during the course of improving the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the applicant will immediately notify
the Planning Department.
It should be noted that the site has been grubbed and cleared in 2003
and 2005 by the applicant.
G. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, gathering of marine life and coastal access is
not an issue.
The applicant neither recall seeing any native Hawaiians using the
subject or immediate surrounding area in the recent past for the
gathering of plants nor learning of any information to that effect from
area residents. In the unlikely event that legitimate gathering claims
are made by native Hawaiians, the applicant intends to respect and
honor such claims and provide the needed access within the site.
The unnamed burial on the site was removed in accordance with
appropriate protocols. There does not appear to be any other known
burials on the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area.
H. Water and Coastal Resources
The subject site is located well over two (2) miles from the coastline.
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non-
coastal property, no coastal access will be affected.
9
Wastewater from the project will be serviced by individual sewer
system meeting with the approval and requirements of the State '
Department of Health. This will be a septic or related system.
Noise, Air Quality, and Dust
Hiolani Street and Lalei Place will serve as the main access to this
project. The existing ambient traffic level in this area is quite low. As
such, the corresponding noise level is quite low. With the completion
of this project, the noise level is not anticipated to increase
significantly.
There may, however, be short-term noise impacts associated with the
construction of the on-site infrastructure (such as drainage, water and
road systems) for the proposed subdivision. Contractors will be
required to comply with appropriate noise and related mitigation
measures of the State Department of Health.
The proposed development should not generate any direct air quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will increase the density by four (4) more units, and
there will be no ohana or 2nd dwelling allowed on each of the lots.
Further, with higher EPA standards for automobile air emissions, the
air quality impact should thus hopefully not be significant.
As such, with the exception of construction dust in the beginning, long
term dust generated by the project should be minimal. Construction
dust, however, like construction noise will have to comply with the
State Department of Health's regulations.
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 the
Kona area. The most notable is the backdrop of the Hualalai
Mountain.
The proposed development would not have any impacts im acts on this
mountain and other listed scenic resources in the area. The site is
10
located more on the lower end of Hualalai Mountain, and the normal
residential height should not interfere with the view of Hualalai.
Then, too, although the property is located makai of the Mamalahoa
Highway, it is more than 1,000 feet from the Highway. As such, views
of the ocean should not be affected.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally in transition from agricultural to
rural/urban. Although there are 1-acre lot subdivisions to the west
(Kona Acres — Phase Il) and south (Kona Hills) of the project, as well
as the 2-acre O'oma Subdivision, there are no intensively farming
activities occurring on some, if not, any of those lots. They are used
more for residential purposes. Further, the Kona Palisades
Subdivision is situated generally north of the subject site. Thus, with
the exception of the vacant larger sized properties immediately mauka
and makai of the subject property, the surrounding area is
characterized by residential developments.
Given the existing and zoned conditions, the proposed development
would not be incongruous with the emerging rural-residential pattern
of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would enhance the potential for the subject site to be more
intensively utilized for some orchard or ornamental farm. It is
currently not used agriculturally, with the exception of periodic cattle
grazing.
Further, there will be some small short-term construction activity
during the development of the subdivision. There will also be some
mid-to long—term construction activity resulting from the gradual
construction of homes on the respective lots.
As such, with the added tax revenues, the project could have some
positive influence on the island and area's economy.
11
C. Agricultural Impacts
As noted earlier, the site has not been intensively used agriculturally
recently. It has been used more for limited cattle grazing. Given the
proposed lot sizes, however, the potential for small-scale orchard
and/or ornamental farming activity exists. As such, having the land
subdivided into 1-acre sized lots would not diminish the site's
agricultural potential. It would actually enhance it. The site would be
more manageable from an area standpoint (1 versus 6 acres).
The applicant's proposal may thus help foster the family-agricultural
objectives by making available good-sized lots in this area.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project would be via the extension of the County-owned
Hiolani Street and Lalei Place, both of which have a right-of-way of 50
feet and a 20-foot wide pavement and 4-foot wide shoulders,. Sight
distance along those streets is adequate, as they are relatively
straight roads.
Hiolani Street intersects with, among others, Ahiahi and Holoholo
Streets, both County-owned roadways. Those streets have a right-of-
way of 50 feet, with a 20-foot wide pavement. They eventually
intersect with Ka'iminani Drive.
Lalei Street would be extended to the subject site's southernmost
boundary, connecting to the privately-owned Hane Street. In spite of
Hane Street being private, the connection fosters the notion of
connectivity, particularly in times of emergency. (See Figure 4)
B. Water
There is a County water line that goes through the property. This line
will be used and realigned, if necessary, to service the proposed
subdivision.
C. Wastewater
There is no County wastewater system in this area. As such, a septic
system meeting with the approval of the Department of Health will be
required. This will be done by the applicant and/or respective
12
landowner in conjunction with the issuance of a building permit for a
dwelling.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA-la zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. It should
be noted that the applicant intends to retain most of the vegetation on
the site during the construction phase and used for composting.
Thus, waste during the construction phase from this project would be
somewhat limited.
E. Other Government Services
As this area is already part of the North Kona urban area, it is already
being serviced. No extension of government services would be
required. The nearest fire station is located in Kailua, although there
is a volunteer station about a mile away on Ka'iminani Drive. A new
station was recently completed across of Makalei Drive, about two (2)
miles from the site.
The Police Station is located at Kealakehe, approximately four (4)
miles from the subject site
In this area, K-12 public schools are available at Kealakehe, which is
about four(4) miles to the south. County parks are available in
Kailua, Keauhou, and Kealakehe. -
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. Other Utilities
All other utilities such as telephone, cable, 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
13
If the request were denied, the short-term use of the site would
probably continue in low level agriculture or lay fallow. The applicants
may eventually construct one dwelling on each of the site or sell one
of the existing lots.
Given the rural (A-1a) character of the areas makai and south of the
subject site as well as the 10,000 square foot lot Kona Palisades
Subdivision, there may be pressures for the subject property to be
similarly zoned. And from an agricultural perspective, an exclusively
• residential and denser subdivision may not be the most feasible use
of the site.
From a long-term productivity standpoint, then, the proposed 5-lot
subdivision would provide a heightened level of possibility in having
the land used for more intensive agricultural activity.
B. Irreversible and Irretrievable Commitment of Resources
The subject site is already been disturbed. The one known burial has
been reinterred as desired by its descendants. As such, the project
should not result in an irreversible commitment of natural or
archaeological resources. Should there be inadvertent archaeological
discoveries, appropriate mitigation will be taken.
The soil on the parcel has been classified "D" or poor by the Land
Study Bureau, representing poor agricultural potential. This is
evidenced by the vegetation on the site. It is thus maintained that the
creation of the 18-lot subdivision, in spite of the soil classification,
could foster and enhance, instead of remove this land from its more
intensive future agricultural potential.
C. Mitigative Measures
The applicant intends to make improvements, if necessary, to be
consistent with the subdivision process. And during the construction
phase of this project, contractors will be obligated to comply with
appropriate State noise and air quality standards.
Should further unanticipated archaeological finds be discovered in
conjunction with the development of the site, work will stop (as is
required by the State and County) and clearance secured before work
is resumed.
14
There is no existing drainageway on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits and/or SCS Agricultural Plan. This is to assure that
the development of this site does not adversely affect the drainage of
the surrounding areas.
Finally, there will be no person or businesses to be dislocated by this
- project.
D. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the site will continue to
remain in its fallow state or limited agricultural use. It could
also remain a fire hazard, during periods of drought.
The site could also be developed with 1 or 2'dwellings on the
lot.
Given the present mixture of land uses and lot sizes in this
area and proximity to urban areas, the site may not be utilized
to its fullest family-agricultural potential.
2. Alternative Density
Under this alternative, the applicants could seek a more
intensive zoning, such as RA-.5a or RS-10 zoning. All of these
zoning categories would arguably be consistent with the
adjoining A-la zoning on the makai and south sides of the
subject site as well as the Kona Palisades Subdivision. They
would also be consistent with the General Plan and land use
concept map of the Kona Community Development Plan.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of
agricultural activities, such as truck crops, as well as to create a
variety of lot sizes in an urbanizing area.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not appear to be pronounced. Certain
mitigative measures will be taken to address any possible
15
impacts associated by the development of this project. Further,
the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested FA-la alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for
balanced growth in the County.
The County General Plan Land Use Pattern Allocation Guide
(LUPAG) map designates the site Low Density Urban. This
designation suggests land uses that are (S)ingle-family residential in
character, ancillary community and public uses, and convenience type
commercial uses."
Based on the requested Family-Agriculture (FA-la) designation, the
project would be consistent with the General Plan LUPAG
designation, and no amendments would be required.
B. General Plan Polices
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 improvements required for the
subdivision:More importantly, however, longer-term opportunities
would be created largely in the form of family-oriented ornamental or
orchard farms. In so doing, the resultant project should add revenues
to the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take
advantage of wind patterns.
16
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. All wastewater systems would be
consistent with the requirement of the State Department of Health.
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. The project will also not be a noisy one, except as may
be associated with a typical residence and the potential agricultural
operations. Any noise-generating facility- such as air conditioners -
would be carefully placed to minimize their noise impacts to adjoining
properties. Further, it is unlikely that this site would be used as a
coffee or any other type of processing plant, as it would be more
economical to send the products elsewhere.
The project area is outside of any floodway. Nonetheless, a drainage
system will be designed in a manner to protect the property as well as
to minimize the volume of surface runoff generated by this
development.
According to the approved AIS, the site no longer has any known
archaeological sites worthy of preservation. The burial on the site
was reinterred in accordance with an approved Burial Treatment Plan.
Furthermore, work will cease if unanticipated archaeological remains
are discovered. Work will resume only after proper clearances from
the State and/or County have been received.
Being partially disturbed and within a quasi rural/urban area, the
prospectsof the site serving as a habitat for rare or endangered plant
or animal life appear remote.
As the FA-la zoning would allow a residence, the project will indirectly
fulfill the objectives of the housing element by creating additional
lots.
The Plan also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project has been used in a
manner where it blends with the existing terrain.
17
As the project site is more than two (2) miles from the ocean, the
usual coastal resources concern is not pronounced. There will be
no interference with shoreline access. Then, too, through the use of
septic system or other acceptable form of wastewater system, impacts
to the coastal water will be minimized.
There will be little impact to public facilities. The wastewater system
will be private. The water system will be developed in a manner
meeting with the requirements of the Department of Water Supply.
Road improvements within the site will be constructed by the
applicant. Schools and other public facilities are also located
proximate to the site, most of them being less than five (5) miles
away.
Finally, in terms of the Land Use and Agricultural elements, 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
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• 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 compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
• Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
18
communities meeting the needs of its residents in balance with the
physical and social environment
• Agricultural land shall be used as one form of open space or
green belt.
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 generally compatible
with the surrounding area. There are A-la and FA-2a zoned
properties adjacent and proximate to the subject site. There is also a
residential subdivision less than a mile north of the subject site.
Although the soil of the site is classified "D" or poor, it does have
some measure of agricultural potential, as evidenced by the existing
vegetation on the site. This request should thus encourage more
intensive agricultural activities on the site. This lot size would be
beneficial to not only the applicants but also to those who wish to do
some family-agricultural activities on the site.
The property has no severe topographic or geologic problems that
would render the land unusable for the proposed subdivision and
activity.
C. Kona Community Development Plan
Relative to the Kona 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 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 Kona CDP was developed and adopted by
the County Council during the latter part of the year 2008. The CDP
identified its vision to be "A more sustainable Kona characterized by a
deep respect for the culture and the environment...." In/terms of
guiding urban and rural developments, one of the adopted principles
called for developments in rural areas (such as the subject area) are
directed to existing rural towns and villages. -
19
The subject property is situated on the within the Kona Urban Area.
Area, the entire property falls outside of the road concurrency map.
As such, the guidelines of the concurrency and land use map
provision of the CDP would be applicable.
In this situation, the subject site appears to fall within Concurrency
Zone D, which suggests that Kealaka'a Street be extended from Hina
Lani Street to Holoholo Street. While neither the applicant nor this
project is in a position to make this extension, the project will be able
to indirectly and proportionally address this goal.
For one, it will extend Lalei Street, resulting in a connection between
Hiolani Street and Hane Street. (See Figure 4)Although Hane Street
is privately owned, this connectivity should provide some emergency
access. Additionally, through the mandated "fair share" contribution, a
regional road amount of fees will be collected to address
proportional
and traffic improvements.
The CDP also identified several principles related to the "vision" noted
above. These principles and their relationship to the proposed
rezoning follow.
a. Protect Kona's natural resources and culture.
The subject site does not have any critical natural resources,
having been already developed as a farm with farm dwellings.
The site is designated "X" on the Federal Emergency Management
Agency's Flood Insurance Rate Map. This is areas outside of the
100-year storm. Appropriate on-site mitigation to accommodate
project-generated drainage— if needed -will be addressed and
implemented during the building permit and construction phases of
this project. There are also no known floral or avifauna) resources
that would be adversely affected by the project. Furthermore, the
one identified archaeological site was addressed.
b. Provide connectivity and transportation choices.
As noted earlier, the project will result in the extension of Lalei
Street. In so doing, there would be a connection between Hiolani
Street and Hane Street.
c. Provide housing choices.
With the subdivision of this site, the applicant would be able to
20
provide a lot not only for his family but also make some lots
available for purchase to members of the community. In that
regard, it would provide a housing choice, as well as increase the
much needed supply of lots in this area.
d. Provide recreation opportunities.
Again, this project is not a recreational one per se. Nevertheless,
this site is not a critical resource for recreational opportunities, as it
is not a coastal property nor identified in the CPD as an area
necessary for future recreational purposes.
e. Direct future growth patterns toward compact villages, preserving
Kona's rural, diverse and historical character.
The location of this site is within the Kalaoa urban area. The
proposed Fa-1 zoning would offer a variety of lot sizes, thus help
foster this rural concept. As such, the proposed project would be
consistent with this principle.
f. Provide infrastructure and essential facilities consistent with
growth.
The basic infrastructure, such as access and water, to support the
additional lots already exits. The water and road system to service
the proposed lots will be developed by the applicant. Further,
each lot owners would be responsible for constructing its own
wastewater system in conjunction with the construction of a
dwelling.
g. Encourage a diverse and vibrant economy emphasizing agriculture
and sustainable economies.
The Land Study Bureau has classified the soil as "D" or poor. In
spite of this designation, the site has limited agricultural potential
which will be enhanced should the project be approved. The
rezoning would enable the land to be subdivided and thus make it
more feasible for the applicant to live on site and develop a farm —
even if only marginal. That would be way better than leaving the
site in its current vacant, non-agricultural state.
h. Promote effective governance.
This principle is not applicable.
21
D. Zoning and Subdivision
The designated zoning of the site is A-5a. Should the FA-la zoning
be approved, the requirements of the zoning and subdivision codes
would be complied, including use and related development standards.
E. State Land Use Agricultural Standards
As the requested lots will be more than 1-acre, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All of the applicable use guidelines of said law would be
adhered to.
•
22
V XIGN3dd d
MICHAEL J, MATSUKAWA
ATTORNEY AT LAW
TERRITORIAL CENTRE.SUITE 201
75-5751 KUAKINI HIGHWAY
KAILUA-KONA,HI 96740
TELEPHONE No. 16081 329-1385
FAX NO. 18081329-05;2
February 2, 2001
Mr. Brian McCourt
Knutson & Associates
75-6082 Alii Drive, Suite 8
Kailua-Kona, HI 9674o
RE: CHARLES KURTZ, CHARLOTTE KURTZ, HOWARD YOKOYAMA
TMK 7-3-5-112, OOMA, NORTH KONA ;
Dear Mr. McCnurt;
If you haven't already been informed, the burial remains
on the parcel were removed pursuant to the directions/approval of
the Burial Council.
This brings the issue of the identification and
relocation of the remains, as well as Burial Council approval, to
an end.
If you have any questions, please call me. Thank you.
Yours truly,
Michas J. Matsukawa
MJM:]ff\a-foreciosureVeau\MCCOUrt.ltl
Enc.
MICHAEL J. MATSUKAWA, 1885-0
Territorial Centre, Suite 201
75-5751 Kuakini Highway
Kailua-Kona, Hawaii 96740 •
Telephone No. : 329-1385
Commissioner
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
NAOMI LAAU, et al. , ) CIVIL NO. 91-005K
) (North Kona)
Plaintiffs, )
vs. ) SUPPLEMENTAL COMMISSIONER'S
UNKNOWN HEIRS OF KAMILA KAMAKA ) REPORT (DISPOSITION OF BURIAL
AKA KAMILA KEOHO, AKA KAMILA ) ERVICS) ; CERTIFICATE OF
KAIAMAKINI, AKA KAMILA ) SERVICE
KUMUKAHI, et al. , )
) DATE: FEBRUARY 20, 2001
Defendants. ) . TIME: 8:30 A.M.
020101\a-foreclosureveau\sup-rpt.can ) JUDGE: HON. RONALD IBARRA
SUPPLEMENTAL COMMISSIONER'S REPORT
(DISPOSITION OF BURIAL REMAINS)
Your Commissioner makes this separate report on the
disposition of the burial remains on the subject property.
Background
Under a condition of the sale of TMK 7-3-5-112 to
Rurtz/Yokoyama, the Seller had to identify and remove :burial
remains on the parcel at the Seller's expense.
Disposition
William Bonk and Paul Rosendahl were retained as
archaeologists. Michael Sasaki (GLS Services) was retained to
•
remove and reinter the remains. These professionals were to obtain
all government approvals therefor.
Your Commissioner agreed to be responsible for any damage
or worker-related claims arising (if any) during the process. In
addition, your Commissioner agreed to pay for a portion of the
general liability insurance premium purchased by the Buyers (to
provide protection against any claims) .
The following reflects expenses paid:
Item Amount
Insurance Premium
• $ 400.00 (paid out of
escrow)
William Bonk 3,000.00
(archaeology)
Paul Rosendahl 5,470.67
(Burial Council)
J. Yamamoto 9,924.99
(legal services for
Burial Council)
GLS Services 4,478.60
(re i•nterment)
Completion
All government agencies approved the request to relocate
the burial remains and GLS Services removed the same to a family
plot in North Kohala in November 2000.
Final Accounts
Your Commissioner was to hold $25,000 out of the sale to
pay for related expenses. Since your Commissioner already had on
hand an amount in excess of the $25,000 (reserved from the first
2
sale) , ' he used the original reserve for this purpose.
The total expenses incurred were:
• Contracted Services $23,274.26
• Commissioner's Fees 1,995.002
$25,269.26
DATED: Kailua-Kona, Hawaii, FEB - 2 2001
)14---(4-2-7-412-1-1-44-s
MICHAE . MATSUKAWA, Commissioner
See Order dated April 29, 11998 to use original reserve of
$50,000 for burial issues.
2 The services rendered and amount are described in the
Commissioner's January 13, 1999 statement.
3
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
NAOMI LAAU, et al. , ) CIVIL NO. 91-005K
) (North Kona)
Plaintiffs,
vs. )
) CERTIFICATE OF SERVICE
)
_UNKNOWN HEIRS OF KAMILA KAMAKA, )
AKA KAMILA KEOHO, AKA KAMILA )
KAIAMAKINI, AKA KAMILA )
KUMUKAHI, et al. , )
)
Defendants. )
•
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a copy
of the
foregoingdocument(s)(s
ent ) was duly served upon the following
parties as indicated and if by mail, via the U.S. Post Office,
Kailua-Rona, Hawaii, postage prepaid, addressed as follows:
JEREL I. YAMAMOTO, ESQ. NELSON H. KINOSHITA, ESQ.
Nakamoto, Okamoto & Yamamoto 22 Lei Street
187 Kapiolani Street Hilo, HI 96720
Hilo, HI 96720 (Mail)
(Mail)
DAVID B. KAAPU, ESQ. MERCY SEXTIMO
75-5751 Kuakini Highway, #201 P.O. Box 11475
Kailua-Kona, HI 96740 Hilo, HI 96721
(Hand Delivery) (Mail)
ZACHARY KAPULE ALBERT KAPULE
1613 Jefferson Avenue c/o 430 Kupuohi Place
Louisville, CO 80027 Hilo, HI 96720
(Mail)
(Mail)
ISAAC KAPULE SHARON AKANA
P.O. Box 2344 c/o BISAC
'canna-Kona, HI 96745 169 Puueo Street
(Mail) Hilo, HI 96720
(Mail)
•y
P H R' Pas o H.Rosendahl, Manage Inc.
Archaeological • Himricol • Cultural Resource Management Studies&Services
204 wai Avenue - H.Io.Hawaii 96720 • (909)969-1763 • FAX(8081 961.4990
P.O.9ox23305•G,M.F.,Guam 96921 • (671)472-3117 •FAX(671)472-3131
Letter 2084-0070700 July 7, 2000
Mr. Kai Markel)
State , Burials tionfDiv copy
State Historic Preservation Division
Department of Land and Natural Resources
Kakuhihewa Building, Room 555
601 Kamokila Boulevard
Kapolei, Hawaii 96707
•
Subject: Burial Treatment Plan for an Unmarked Native Hawaiian Burial
Site (SIHP Site 50-10-28-21798) in a Portion of Grant No. 3820
Land of'O'oma 154, North Kona District, Island of Hawarl
(TMK3-7-3-05:112),
Dear Mr. Markell:
At the request of Mr. Jerel 1. Yamamoto, Esq., of Nakamoto, Okamoto & Yamamoto, who
represents the interests of Mrs. Naomi Laau of Waimea, Hawai'i Island, I am submitting for your
review and approval the subject Burial Treatment Plan (BTP). As you are aware, I have already
requested that the item be placed on the agenda of the July 20, 2000 meeting of the Hawai'i Island
Burial Council for the purposes of a short informational presentation. I understand that the meeting is
tentatively scheduled to be held in Kona, at the Conference Room of the Natural Energy Laboratory
Hawaii, at Keahole Point.
Please note that because of the volume of legal documentation contained in Attachments A, B,
and C of the BTP, I have incorporated them into the BTP by reference only, and am providing single
copies directly to you for you and your staff to review. I have also enclosed copies of two additional
affidavits(D. Kaapu, B. Blass)which contain additional supporting documentation
tf you have any questions or comments regarding this submission, please contact me at my Hilo
office(808-969-1763).
Sincerely yours,
t44— •
Paul H. Rosendahl, Ph.D. •
President and Principal Archaeologist
Encls.: (a) PHRI Report 2084-051500(one bound, one unbound)
(b)Attachments A, B, C (PHRI Report 2084-051500)
(c)Affidavits of David Kaapu and Beverly Blass
cc: G.K Wahilani; SHPD Burials Program(PHRI Report 2084-051500; one copy)
J. L Yamamoto, Esq.; Nakamoto, Okamoto&Yamamoto (PHRI Report 2084-051500;two copies)
•
Report 2084-051500 •
•
I
cOp
Burial Treatment Plan for an
Unmarked Native Hawaiian Burial
Site (SHIP Site 50-10-28-21798) in a
Portion of Grant No. 3820
` 9 Land of `O`oma IS`, North Kona District
Island of Hawai`i
I
Paul H.Rosendshl,Ph.D.,Inc.
4irhdeological • Ifutorital • Cultural Raou ceManagement des&Service,
i
Report2084-051500 ,
Burial Treatment Plan for an
Unmarked Native Hawaiian Burial
. Site (SII-IP Site 50-10-28-21798) in a
Portion of Grant No. 3820
Land of `O`oma 1", North Kona District
Island of Hawai`i
PREPARED BY
Paul H.Rosendahl,Ph.D.,Inc. (PHRI)
PREPARED FOR
Mrs.Naomi Laau
do feral I. Yamamoto,Erg. •
Nakamoto, Okamoto&Yamamoto
187KapiWant Street
Hilo,Hawaii 96720
SUBMITTED TO
Department of Land and Natural Resources
State Historic Preservation Division and
Hawaii Island Burial Council
JULY 2000
PHRIPaul H.Rosendahl,Ph.D.,Inc.
Archaeological - Historical • Cultural Resource Management Studies&Services
HAWAII: 204 Waaiw.nue Menu.'•Hix liawai1%720•(809)969-1763 • GUAM:P.Q Box 73305•GAF Gann 96921•(671)472-3117
SUMMARY
This Burial Treatment Plan (BTP) has been prepared by Paul H. Rosendahl, Ph.D., Inc. (PHRI) for
Jere! I.Yamamoto, Esq., of Nakamoto, Okamoto&Yamamoto.Mr.Yamamoto represents the interests of
•
Mrs. Naomi Laau of Waimea, Hawaii Island. This BTP is for Unmarked Native Hawaiian Burial Site
(SIHP Site 50-10-28-21798) in a Portion of Grant No. 3820.Related archaeological work began in March
1998 and was completed in April 2000.More specifically,the unmarked burial site is situated in the mauka
portion of TMK:3-7-3-05:112,which is a 5.966-acre parcel located in the Land of `O`oma Id,North Kona
District, Island of Hawai`i, approximately 3,025 feet (0.57 miles) makai of the Mamalahoa Highway
(Hawaii Belt Road), and immediately adjacent to and south of the Kona Palisades Subdivision.
In 1991, the applicant,Mrs.Naomi Laau,filed a civil suit in the Circuit Court of the Third Circuit of
the State of Hawai`i(Civil No.91-005K;Naomi Laau, et al., vs. Unknown Heirs of Kamila Kamaka) in
order to resolve title to a parcel of land identified as TMK:3-7-3-5:4.This suit was originally intended as a
quiet title action;however,there was an apparent gap in title in determining the heirs of Kamila Kamaka.
• The suit was able to resolve this problem, and the court entered appropriate judgments. Because of the
numerous heirs and various disagreements regarding the maintenance and disposition of the property, a
court order was obtained to sell the property.
The original 24.56-acre parcel designated as TMK:3-7-3-5:4 also was the lands described and covered
in Land Patent Grant No. 3820 to Loe Kumukahi, who received the grant on January 6, 1896 from the
Republic of Hawaii. Mrs. Laau is a direct lineal descendant of Loe Kumukai through her grandmother,
Kamila Kamaka. She is the daughter of John Kaiamakini,who died in 1987,and John Kaiamakini was the
son of Kamila Kamaka (aka Kamila Keoho, aka Kamila Kaiamakini, aka Kamila Kumukahi), who was
born in 1864(?)and died in 1923;Kamila Kamaka was the daughter of Loe Kumukahi.Naomi Laau was
found by Third Circuit Court of State of Hawaii(Civil No. 91-005K) to be one of several direct lineal
descendants to have an individual interest in the property (TM. K:3-7-3-5:4/Grant 3820), and that
predecessors in interest had continuously utilized the property since Loe Kumukahi received the grant in
1896.
By reason of several subsequent agreements executed between the Laau Parties (including Naomi
Laau) and the other various recognized heirs of Kamila Kamaka relating to, among other things, the
possible presence of burial sites on the smaller mauka parcel (TMK:3-7-3-5:112), it was agreed that any
burial remains that might be identified within the parcel would be disinterred and relocated to the family
plot of Naomi Laau in Kohala, Hawaii Island.Therefore,relocation is the general treatment proposed for
the human skeletal remains that have been identified at Site 21798.Relocation would involve disinterment
of all recoverable remains and subsequent reinterment at the family burial plot of Naomi Laau, which is
located-in North Kohala,Hawai`i.
ii
Contents
INTRODUCTION • I
Project Identification • 1
Plan Purpose • 1
Plan Organization • I
PROJECT BACKGROUND •
Chronological Summary • 1
SHPD—Burials Program Consultations • 5
SUMMARY OF IDENTIFIED BURIAL SITE 21798 • S
SEARCH FOR LINEAL AND CULTURAL DESCENDANTS • 6
PROPOSED TREATMENT OF BURIAL SITE 21798 • 7
General Proposal:Relocate • 7
Short-Term Preservation Measures • 7
Relocation Statements • 7
Justification • 7
Disinterment Methods • 7
Short-Term Curation •. 7
Reburial Site and Related Reburial Measures • 7
IMPLEMENTATION OF PROPOSED BURIAL TREATMENT PLAN • 8
REFERENCES CITED • 8
Illustrations
Figure 1.Project Area Location Map • 2
Figure 2.Site Location Map • 3
Attachments
Note:Attachments A.B,and C are included by reference only;a copy of each item has been submitted
directly to the State Historic Preservation Division—Burials Program for staff review.
A. Stipulated judgment Quieting Tide in Civil No. 91-005K(filed on September 3. 1996)
B.Stipulated Findings of Fact, Conclusions of Law and Order Granting Plaintiffs'Motion for Summary
Judgment and For Partition in Civil No.91-005K(filed September 3, 1996)
C.Agreements Executed Between the'Laau Parties(including Naomi Laau)and the Other Various
Recognized Heirs of Kamila Kamaka(Twelve Individual Agreements Dating Between May 1998 and
January 1999)
D.Affidavit of Naomi Laau (dated August 24, 1998)
E.Affidavit of Publication and Public Notice:West Hawaii Today April 14(Friday), 16(Sunday),and 19
(Wednesday),2000
iii
•
INTRODUCTION •
PROJECT IDENTIFICATION
This Burial Treatment Plan(BTP) has been prepared by Paul H. Rosendahl, Ph.D., Inc. (PIM) for
Jere!I.Yamamoto,Esq., ofNakamoto,Okamoto&Yamamoto.Mr.Yamamoto represents the interests of
Mrs. Naomi Laau of Waimea, Hawai'i Island. This BTP is for Unmarked Native Hawaiian Burial Site
(SHIP Site 50-10-28-21798)in a Portion of Grant No.3820.Related archaeological work began in March
1998 and was completed in April 2000.More specifically,the unmarked burial site is situated in the mauka
portion of TMK:3-7-3-05:112,which is a 5.966-acre parcel located in the Land of'O'oma 1",North Kona
District, Island of Hawai`i, approximately 3,025 feet (0.57 miles) makai of the Mamalahoa Highway
(Hawaii Belt Road), and immediately adjacent to and south of the Kona Palisades Subdivision(Figs. 1,2).
Mrs. Naomi Laau is the applicant for the subject project. Mrs. Laau is represented by Jerel I.
Yamamoto, Esq., of Nakamoto, Okamoto &Yamamoto, and his address is: 187 Kapi`olani Street, Hilo,
Hawai';96720.The current owners of the property are: Charles Leonard Kurtz, Charlotte Eiko Kurtz, and
Harold Mitsuru Yokoyama, and their address is: 25841 La Cuesta, Lacuna Hills, California 92653. The
applicant,Mrs.Laau, intends to have the burials remains disinterred and relocated to a family cemetery in
Kohala,Hawai`i Island.
PLAN PURPOSE
The basic purpose of this BTP is to facilitate the proper treatment of human burial remains that have
been identified as present in the unmarked grave designated as Site 217988 within the project area by
achieving compliance with the applicable sections of Chapter 6E—Historic Preservation(Haw_Rcv_St.; as
amended), and the current administrative rules for the treatment of burial sites and human remains that •
were formally approved and adopted by the State of Hawai`i in September 1996 (DLNR 1996). More
specifically, the purpose of this BTP is to provide the Hawai`i Island Burial Council (HIBC) with the
relevant information called for in Section 13-300-33: "Request for council determination to preserve or
relocate Native Hawaiian burial sites."
PLAN ORGANIZATION
The information contained in this BTP is organized according to the following order of presentation:
introduction,project background,summary of identified burial,search for lineal and cultural descendants,
proposed treatment of identified burial site, implementation of proposed BTP, and references cited.
PROJECT BACKGROUND
CHRONOLOGICAL SUMMARY
In 1991, the applicant,Mrs.Naomi Laau, filed a civil suit in the Circuit Court of the Third Circuit of
the State of Hawaii (Civil No. 91-005K;Naomi Laau, et at, vs. Unknown Heirs of Kamila Kamaka) in
order to resolve title to a parcel of land identified as TMK:3-7-3-5:4 This suit was originally intended as a
quiet title action; however, there was an apparent gap in title in determining the heirs of Kamila Kamaka..
The suit was able to resolve this problem, and the court entered appropriate judgments. Because of the
1
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Figure 1. Project Area Location Map
2
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Figure 2.Site Location Mop 3
•
.
numerous heirs and various disagreements regarding the maintenance and disposition of the property, a
court order was obtained to sell the property. (See Attachments A,B.)
TMK:3-7-3-5:4 consisted of 24.56 acres located in the Land of 'O'oma 1", North Kona District,
Hawai'i Island. The property comprised three lots, a larger malcai parcel (Lot 54A, 18.245 ac), and a,
smaller mauka parcel (Lot 54B, 5.966 ac), which were separated by government road known as Alanui
Kauila (Lot 54C, 0.459 ac). As a result of Civil No. 91-005K (filed September 1996), the individual
interests of the various heirs of Kamila Kamaka were determined, and the court ordered the sale of
property.The court appointed a commissioner to oversee the disposition of the property;the commissioner
retained a realtor who subsequently obtained buyers for Lot 54A, which remained as TMK:3-7-3-7:4,and
Lot 54B, which became TMK:3-7-3-5:112.By reason of several subsequent agreements executed between
the Laau Parties(including Naomi Laau)and the other various recognized heirs of Kamila Kamaka relating
to, among other things, the possible presence of burial sites on the smaller mauka parcel (TMK:3-7-3-
5:112), it was agreed that any burial remains that might be identified within the parcel would be disinterred
and relocated to the family plot of Naomi Laau located in North Kohala,Hawai`i Island. (See Attachment
C.)
The original 24.56-acre parcel designated as TMK:3-7-3-5:4 also was the lands described and covered
in Land Patent Grant No. 3820 to Loe Kumukahi, who received the grant on January 6, 1896 from the
Republic of Hawai`i. Mrs. Laau is a direct lineal descendant of Loe Kumukai through her grandmother,
Kamila Kamaka. She is the daughter of John Kaiamakini, who died in 1987,and John Kaiamakini was the
son of Kamila Kamaka (aka Kamila Keoho, aka Kamila Kaiamakini, aka Kamila Kumukahi), who was
born in 1864(?)and died in 1923; Kamila Kamaka was the daughter of Loe Kumukahi.(See Attachment
,D.)Naomi Laau was found by Third Circuit Court of State of Hawaii (Civil No. 91-005K) to be one of
'several direct lineal descendants to have an individual interest in the property(TMK:3-7-3-5:4/Grant 3820),
and that predecessors in interest had continuously utilized the property since Loe Kumukahi received the
grant in 1896.
As indicated earlier,Mrs.Laau and various family members believed that family graves were possibly
present within the smaller mauka parcel(TMK:3-7-3-5:112).In connection with the sale of that parcel,Mr.
William J.Bonk was retained by the court commissioner,through attorney David Bruce Kaapu,to carry out
an archaeological survey of the parcel to determine the presence or absence of any burial sites. (See
Attachment C.) At the request of Mr. Kaapu, Bonk conducted "preliminary field examination" of the
property on March 3, 1998. Based on this inspection,he recommended a"Phase I Survey"(reconnaissance
survey, which he subsequently carried out over three days sometime during March-June 1998. No
• subsurface testing was conducted during this survey.Bonk visited the property on June 11, 1998 with Mrs.
Laau, who identified the general area of Feature 6 (later designated as Site 21798] initially described by
Bonk as a rough stone mound(Bonk 1998a:11)as an area she had been shown years earlier by her father to
have burials.Subsequent to the preparation of his initial report(1998a), Bonk then returned to theparcel in
July 1998 to examine several features identified earlier as possible burial feature; he dismantled three
features, including Feature 6, and closely examined a fourth, and concluded that none of the features were
burials(Bonk 1998b).
In mid-June 1998,TMK:3-7-3-5:112 was purchased by.the current owners;details for dealing with the
possible presence of burial sites in the parcel were included as part of the purchase agreement.In October,
1998; Mrs. Laau and Mike Sasaki(Dodo Mortuary) returned to the site to explore Feature 6(Site 21798),
which they dismantled and under which they found human skeletal remains.
On November 5; 1999, Bonk again returned to the property and conducted test excavations at Site
21798 (Feature 6), which he now described as"...a general declivity, almost bowl shaped,within an area
of about 2.5m (8') in diameter, producing a gradual sloping pit of no more than 90cm (3') deep. Rocks
were scattered about on the surface of the ground... (Bonk 2000:18). He encountered human skeletal
remains, kukui nut shell,marine shell fragments, and glass fragments in an apparent disturbed context,and
he noted the remains previously found and left by Mrs. Laau and Mr. Sasaki in October 1998 (Bonk
2000:57-58).
• 4
•
On March 14, 2000,PHRI was contacted by J.Yamamoto,Esq., regarding the need for resolution of
outstanding burial issues related to the purchase of the parcel by the present owners_Dr. Rosendahl then
contacted both Mr. Sasaki and Mrs. Laau for information. These contacts led to a site visit on April 9,
2000; present were Dr.'Rosendahl, PHRI Field Archaeologist Bruce Gothar, Mrs.Laau, and Mr. Sasaki.
Several sites and features were inspected, and the remains previously found by Mrs.Laau and Mr.Sasaki at
Feature 6(Site 21798)in October I998 were relocated and examined.Also noted was evidence of the more
recent testing,which was subsequently determined to have been done by Bonk in November 1999. In the
course of the March 2000 site visit, Mrs. Laau provided information concerning her knowledge of the
property. (See Attachment D.)Based on visits made to the property with, and information provided by,her
father John Kaiamakini,Mrs.Laau believes the human skeletal remains found at Feature 6(Site 21798)to
be remains of her paternal grandmother,Kamila Kamaka, (See Attachment D.)
SHPD — BURIALS PROGRAM CONSULTATIONS
In connection with the preparation of the present BTP, SHPD Burials Program staff members were
initially consulted in early 2000, and the unusual circumstances of the situation regarding the subject
project were discussed.On March 3,2000,Dr.Paul H.Rosendahl of PHRI consulted with Burials Program
Administrator Kai Markel!,who was of the opinion that approval of Mrs.Laau's proposed relocation of the
identified burial remains should not be a problem, provided that she was a direct lineal descendant and
other did not disagree with the proposed relocation.
On April 5, 2000 Dr.Rosendahl consulted with Burials Program Specialist Kala'au Wahilani. Project
background and Mrs. Laau's proposed relocation of the identified burial remains were discussed at length.
In the course of the discussion, Mr. Wahilani offered the following opinions concerning the probable
approval of Mrs.Laau's proposed relocation:(a)the determination process could be expedited through the
Hawaii Island Burial Council(HIBC);(b)publication of a legal notice as part of a descendant search could
be waived; (c) court documents relating to Civil No. 91-005K could serve as adequate genealogical
documentation for identification of lineal descendants;(d)court documents relating to Civil No. 91-005K
could also serve as evidence of agreement of other lineal descendants(family members)with Mrs.Laau's
proposed relocation of identified remains; and(e)with the submittal of an appropriate BTP, it was likely
that a determination for relocation could be achieved with a single appearance before the HIBC.
SUMMARY OF IDENTIFIED
BURIAL SITE 21798
Site 21798 was first located (and designated as Feature 6)by Bonk during his initial archaeological
survey of TMK:3-7-3-5:112 in June 1998 (Bonk 1998a).At that time Bonk described the site as"...what
might be one or more burials covered by mounds of roughly thrown up rock" (Bonk 1998a:11). In July
1998, Bonk returned to the parcel in an attempt to determine the presence or absence of burial remains at
any of several features previously identified as possible burial sites (Bonk 1998b). At that time Bonk
dismantled the rough rock mound at Feature 6 and apparently scraped the ground surface to a maximum
depth of four centimeters (Bonk 2000:57); finding nothing, he concluded that it was not a burial feature
(Bonk 1998b:1).
As part of his effort to revise and upgrade his earlier survey effort to current inventory survey
standards, Bonk returned to the project area in November 1999 (Bonk 2000). At this time he apparently
assigned State Site numbers to all identified archaeological features, both those identified during his
previous fieldwork and a number of newly identified ones.As part of this subsequent effort,Bonk returned
to Feature 6,now redesignated as Site 21798 and described as"...a general declivity,almost bowl shaped,
5
within an area of about 2.5m(8') in diameter, producing a gradual sloping pit of no more than 90cm (3')
deep.Rocks were scattered about on the surface of the ground... (Bonk 2000:18).
In an effort to achieve final resolution as to the presence or absence of burial remains at Site 21798, 1
Bonk conducted subsurface testing at the site in November 1999 (Bonk 2000). This time he continued his .
excavation to a depth of approximately 95 cm,at which point he encountered human skeletal remains and
discontinued the excavation(Bonk 2000:57, 61).
SEARCH FOR LINEAL AND
CULTURAL DESCENDANTS
The original 24.56 acre parcel designated as TMK:3-7-3-5:4 also was the lands described and covered
in Land Patent Grant No. 3820 to Loe Kumukahi, who received the grant on January 6, 1896 from the
Republic of Hawai`i. Mrs. Laau is a direct lineal descendant of Loe Kumukai through her grandmother,
Kamila Kamaka.She is the daughter of John Kaiamakini,who died in 1987, and John Kaiamakini was the.
son of Kamila Kamaka (aka Kamila Keoho, aka Kamila Kaiamakini, aka Kamila Kumukahi), who was
born in 1864 (?) and died in 1923;Kamila Kamaka was the daughter of Loe Kumukahi. (See Attachment
D.)Naomi Laau was found by Third Circuit Court of State of Hawai'i(Civil No. 91-005K) to be one of
several direct lineal descendants to have an individual interest in the property(TMK:3-7-3-5:41Grant 3820),
and that predecessors in interest had continuously utilized the property since Loe Kumukahi had received
the grant in 1 896
As a result of Civil Na 91-005K, the individual interests of the various heirs of Kamila Kamaka were
determined,and the court ordered the sale of property.The court appointed a commissioner to oversee the
disposition of the property; the commissioner retained a realtor who subsequently obtained buyers for Lot
54A, which remained as TMK:3-7-3-7:4, and Lot 54B, which became TMK:3-7-3-5:112. By reason of
several subsequent agreements executed between the Laau Parties(including Naomi Laau) and the other
various recognized heirs of Kamila Kamaka relating to, among other things,the possible presence of burial
sites on the smaller mauka parcel(TMK:3-7-3-5:112), it was agreed that any burial remains that might be
identified within the parcel would be disinterred and relocated to the family plot of Naomi Laau located in
North Kohala,Hawai'i Island.(See Attachment C.)
As noted earlier, Dr. Rosendahl had consulted on April 5, 2000, with Burials Program Specialist
Kala'au Wahilani regarding project background and Mrs. Laau's proposed relocation of the identified
burial remains, and in the course of that discussion, Mr. Wahilani offered his opinion, given the court
findings covered in Civil No.91-005K, that the publication of a legal notice as part of a descendant search
could be waived.However,it was subsequently learned that Bonk,in connection with his preparation of his
revised report(Bonk 2000),did publish a legal notice informing the public of the discovery of an unmarked
burial site and requesting any descendants of Hawaiians who once lived in'O'oma to contact referenced
parties. (See Attachment E.)This notice was published in the West Hawaii Today newspaper on April 14
(Friday), 16 (Sunday), and 19 (Wednesday), 2000. Publication of this notice has failed to yield any
responses.
6
•
PROPOSED TREATMENT OF •
BURIAL SITE 21798
GENERAL PROPOSAL: RELOCATE
Relocation is the general treatment proposed for the human skeletal remains that have been identified
at Site 21798. Relocation would involve disinterment of all recoverable remains and subsequent
reinterment at the family burial plot of Naomi Laau,which is located in North Kohala,Hawai'i.
SHORT-TERM PRESERVATION MEASURES
Interim preservation of the identified remains has been accomplished by leaving,the site (which is
situated within an undeveloped parcel presently overgrown by a dense cover of largely introduced shrub
vegetation)otherwise unmarked or distinguished.
•
RELOCATION STATEMENTS
Justification
The subject parcel within which the remains have been identified has been recently sold to unrelated
parties; it is the consensus agreement of the direct lineal descendants, the recognized heirs of Kamila
Kamaka (see Attachment C), that the remains be relocated to the family plot of Naomi Laau, which is
located in Kohala, Hawaii.
Disinterment Methods
Disinterment will be carried out according to standard archaeological excavation and recording
procedures by a qualified archaeologist. All excavated fill will be processed through 1/4-in and/or 1/8-in
mesh screens to assure the recovery of all skeletal material and any possibly associated funerary items. All
recovered remains, along with any associated funerary items,will be wrapped in clean white muslin, and
placed in a small lauha/a container.
Short-Term Curation
The recovered remains would be turned over to Naomi Laau to hold until such time as they may be
reinterred. If requested,PERI could provide for short-term curation of the remains at its facilities in Hilo.
PHRI has been approved by SHPD as a facility for the curation of archaeological materials.
Reburial Site and Related Reburial Measures
It is the consensus agreement of the direct lineal descendants, the recognized heirs of Kamila Kamaka
(see Attachment C), that the remains be relocated to the family plot of Naomi Laau, which is located in
North Kohala, Hawaii. More specifically, it is the intent of Mrs. Laau to reinter the remains, with the
assistance of Mr.Sasaki of Dodo Mortuary,at her father's grave in the family plot in the County Cemetery
in Hawi. She has already obtained permission from the County,and awaits only the formal approval of the
7
NHIBC. All other matters relating to the reinterment of the remains, including reburial measures, and both
short-term protection measures and long-term preservation measures relating to the reburial site, will be
determined and implemented by Mrs.Laau.Long-term preservation measures will include such items as
buffers, boundaries, landscaping, signage, maintenance, security, and access for recognized lineal and/or
cultural descendants.
IMPLEMENTATION OF PROPOSED
BURIAL TREATMENT PLAN
It is the intent of the applicant to implement the proposed BTP as soon as possible after receiving a
favorable determination from the HIBC.
REFERENCES CITED
Bonk,W.J.
i1998a An Archaeological Survey of a Small Portion of Land in Kalama, North Kona
District, County of Hawaii, State of Hawaii. Papers in Ethnic and Cultural Studies
98-1.Prepared for David Bruce Kaapu,Esq.,Attorney of Law.(June)
` 1998b A Supplement to An Archaeological Survey of a Small Portion of Land in Kalaoa,
North Kona District, County of Hawaii, State of Hawaii. Papers in Ethnic and
Cultural Studies 98-2. Prepared for David Bruce Kaapu, Esq., Attorney of Law.
1 (July)
2000 An Archaeological Survey of a Small Portion of Land in 'O'oma, North Kona
District, County of Hawaii, State of Hawaii(TMK:7-3-05:112). (Including: Burial
Treatment Plan for an 'O'oma Ahupua'a Land Parcel....) Papers in Ethnic and
Cultural Studies 00-1 (Revised).Prepared for-David Bruce Kaapu,Esq.,Attorney of
Law. (April)
I
ATTACHMENTS
Note: Attachments A, B, and C are included by reference only; a copy of each item has been submitted
directly to the State Historic Preservation Division—Burials Program for staff review.
A. Stipulated Judgment Quieting Title in Civil No.91-005K(filed on September 3, 1996)
B. Stipulated Findings of Fact, Conclusions of Law and Order Granting Plaintiffs' Motion for
Summary Judgment and For Partition in Civil No.91-005K(filed September 3, 1996)
C. Agreements Executed Between the Laau Parties (Including Naomi Laau) and the Other •
1 Various Recognized Heirs of Kamila Kamaka(Agreements dAting Between May 1998 and
January 1999)
D. Affidavit of Naomi Laau(dated August 24, 1998)
E. Affidavit of Publication and Public Notice: West Hawaii Today; April 14 (Friday), 16
(Sunday), and 19(Wednesday),2000
8
1
. D
Il .
AFFIDAVIT OF NAOMI LAAU
STATE OF HAWAII }
CC: -
COUNTY OF HAWAII ) i
I, NAOMI LAAU, duly sworn on oath, deposes and states as
Ifollows:
1. I am one of the persons who has an interest in TMK
(3rd) 7-3-5-112 which contains 5 .966 acres located in Ooma, North
Kona, County and State of Hawaii.
2. I have personal knowledge of the contents of this .
Iaffidavit and am competent to testify about the same if required
to dO so.
I3. While he was alive, my father, John Kaiarnakini, son of
1 Kamila Kamaka Keoho Kaiamakini, told me and showed to me the
I offatwheat thoeldlcMy tome d tmawehevere l suppveedeo bn :17-(35-)5-
1 7-(35-)5-
graves on the property. The persons who were supposed to be
buried there were his mother, Kamila, who died March 13, 1923,
1 his sister Mahana who died at age 10 on July 30, 1917, along with
his mother' s brother Keiki Kumukahi. My father told me he
Ithought that Keiki Kumukahi died before Kamila. Kamaka. , My father
could not recall the names of the other two persons who were
supposed to be buried on the site.
_4. My father died in 1987. Before his death, my father
and I would go to the property. On several occasions, he pointed
I out to me the location of the graves of Kamila and Mahana. There
were some stones at those locations, but no headstones or other
markers. These graves were supposed to be about 50 to 100 feet
f
r
I
from the family house, which no longer is standing. My father
did not point out the location of the other burial sites.
5. I never witnessed the burials or participated in the
same. I have not been able to verify my father's statements
about the burials. I cannot now find anything on the property
which I can use to definitely locate the sites that my father
pointed out to me.
6 . On one occasion on this property in/ the early 198O' s, I
came across what appeared to be bones. I do not know if they
Iwere human or animal bones. I reburied the bones where I found
them.
f7. I went with Professor William Bonk to the property in
June 1998 and showed him as best asI could the approximate
Ilocation of the gravesites as pointed out by my father. I also
told Professor Honk about the burial of bones and I took him to
that site. •
1 8. I understand that Professor Bonk has not been able to
locate any human remains at the sites that I showed him.
And further' affiant sayeth not.
/)T/5
Naomi Laau
Subscribed and sworn to before me
this .?yc day of• ‘1'7c.—,1„. , 1998 .
/-
'-271'-271
Notary Public, State of Hawaii
My commission expires: /-2-,/ /C/7C •
AFFIDAVIT OF PUBLICATION .
State of Hawaii )
1 ) SS:
County of Hawaii )
ILorelei Logan being first
Iduly sworn, deposes and says:
1.That she is the Advertising Administrative •
IAssistant of WEST HAWAII TODAY
a newspaper published in the City of KAILIJA-KONA , State of Hawaii.
I2. That the " UNMARKED BURIAL SITE NOTICE Notice is hereby
Igiven that William J. Bonk, archaeologist, MJM Commissioner,
are making it ", of which a clipping from the newspaper as published is
Iattached hereto, was published in said newspaper on the following date(s)
April 1 4, 1 6 and 19 , b92000(etc.)
I
62,1 (----'4.--- _
ISubscribed and sworn to before me '
this 20th���� '' day of Apr il , cc2000 -
00.44 [.DCLCIZt.
Notary Public, Third Circuit, •
State of Hawaii
Lana L Taira
My Commission expires August 4, 2001
.
I
I
I
UNMARKED BURIAL SITE NOTICE
Notice is hereby given that William J.Donk.archaeologist.MJM.
Commissioner.are making it known that an unmarked burial site was
discovered containing human skeletal remains on land in 'C'oma.
INorth (ona.Hawaii Island.(TMK 7-3-05:122)
The remains were determined to be Hawaiian through oral state-
ments of a relative and proper treatment.shall occur in accordance
with chapter 6E, Hawaii Revised Statutes, section 43.5,,regarding
unmarked burial sites.The decision whether to preserve in place or
disinter and relocate the human remains shall be made by the Hawaii
Burial Council.
The Hawaii Burial council is requesting Descendants of Hawaiians.
' ;who once lived in'O'oma.to immediately contact William J.Bonk.
°archaeologist,at P.O.Box 1648.Kamuela,Hawaii 96743,808-885-
4034, or contact Edward Halealoha Ayau. Esq. of The Historic
Preservation Division, 33 South King Street, 0th Floor, Honolulu.
Hawaii 96813,587-0010.to present information regarding appropri-
ate treatment of the unmarked human remains.Individuals respond-
• ing must be able to adequately demonstrate a family connection 10
the burial or ahuoua'3 of.0-oma.
(No.1229—West Hawaii Today—April 14,16 and 19,2000)
1
1
I •
•
r
APPENDIX B
I/-D'2-
BENJAMIN J.CAMARO 1 OILBERT OF L COLOMARAMNt,CHAIRPERSON
GOVERNOR OF HAWAII "' -`!R"i BOARDLAND AND NATURAL RESOURCES3'. �* ..9 COMMISSION ON WATER RESOURCES MANAGEMENT
DEPUTIES
y'ti`=i•y' ERIC T.HIRANO
UNNEL NtBHgKA
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
AQUATIC RESOURCES
HISTORIC PRESERVATION DIVISION BOATING AND OCEAN RECREATION
KAKWm4EWA BU LONG.ROOM 555 COMMISSION ON WATER RESOURCE
rot KAMOIIIIA BOULEVARD MANAGEMENT
KAPOLEI.HAWAO 96707 CONSERVATION AND RESOURCES
ENFORCEMENT
CONVEYANCES
FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
LAND
May 8,2002 STATE PARKS
Dr.Alan Haun LOG NO:29807
Haun&Associates DOC NO:0205RC04
HCR 1 Box 4730
Keaau,Hawaii 96749
Dear Dr.Haun:
SUBJECT: Replacement Pages,Archaeological Inventory Survey Report . _ .
O'oma,North Kona,Hawaii, TME: 7-3-05:112
This letter reviews the replacement pages submitted February 22,2002 for this report (Haun &Henry 2001.
Archaeological Inventory Survey,TMK: 7-3-05:.112,Land of O'oma 1,North Kona, ... Haun&Associates
ms.). These revisions were made in response to our review letter of February 4,2002 (Hibbard to Haun—
Log.29,072;Doc:0201PM18).. :
The revisions are acceptable. Thus,this report is fully completed.
We note again that 12 historic sites were significant solely for their information content and site 21,798
(consisting of one or more burials)was significant for itsinformationcontent and its cultural.significance.
Also,we agreed previously that the 12 sites significant for their information content needed no mitigation,as
a reasonable and adequate amount of their significant information had been recorded/recovered during the
survey. Site 21,798 is being treated under a burial treatment plan. Your letter indicates that the bones that
you found at 21,798 appear to be remnants of the individual that was dis-interred and that you plan to
recover these remnants with the lineal descendant and a mortuary representative. Please contact our Burials
Program(Kamanao Mills,5887-0010)when this is to be done_
Aloha,
DON HIBBARD,Administrator
State Historic Preservation Division
c. Planning Department,County of Hawaii
Public Works Department,County of Hawaii •
K.Mills,DLNR Burials Program
RC:amk •
• 69IJAWWN J.CAYITANO 47 X9• �,09:. dUH6tT COLOMA-AOARAN.outztP6lfON
GOVERNOR OF HAWAII BOARD OF LAND AND NATURAL RESOURCES
INCLfil7 -I,
T.HIRANO
,,► UNNEL NISNIOKA
AQUACULTURE DEVaOPMB T
PROGRAM
STATE OF HAWAII AQUATIC RESOURCES
CONS6 VATlON AND
DEPARTMENT OF LAND AND NATURAL RESOURCES ENVIRONMENTAL MEANS
CONSERVATION AND
STATE HISTORIC PRESERVATION DIVISION RESOURCES ENFORCEMENT
801 KAMOKILA BLVD.,ROOM 666 CONVEYANCES
KAPOLEI,HAWAII 88707 FORESTRY AND WLDURE
HISTORIC PRElBWATION
DIVISION
LAND MANAGEMENT
STATE PARRS
WATER AND LAND DEVELOPMENT
February 4, 2002
Dr. Alan Haun LOG NO: 29072
Haun&Associates DOC NO: 0201PM18
HCR l Box 4730
Keaau, Hawaii 96749
Dear Dr.Haun: • •
SUBJECT: Draft Report"Archaeological Inventory Survey"
TMK: 3-7-3-05:112,Land of O'oma 1,North Kona District,Island of Hawaii
(Haun and Henry 2001),TRK: (3)7-3-05:112'
Thank you for submitting a copy of the subject report("Archaeological Inventory Survey TMK:
3-7-3-05:112,Land of O'oma 1,North Kona District, Island of Hawaii"—Haun and Henry 2001)
for our review and comment. The report was received in our office on October 22,2001. We
apologize for our late review.
The historic background section of the report presents a short but adequate overview of ahupua'a
settlement patterns. The likely site patterns in the project area have also been adequately
outlined.
We believe that the archaeological inventory survey of the 5.9 acre subject parcel was adequate,
finding a total of 13 sites comprised of 46 features, including 14 features that had been
previously identified by Bill Bonk in an earlier survey. Bonk identified a total of nine sites.
Four additional sites were identified in the current project. A variety of site types are present,
indicating a broad range of activities, such as habitation, agriculture, ranching and burial. The
sites have been adequately documented and interpreted, except for Site 21795,Feature B,which
has no map. We suggest a few other minor revisions correcting and clarifying points(see
Attachment).
We agree that 12 sites are significant for their information content(Criterion"d"), and 21798,
consisting of one or more burials, is significant for its information content and also for its
cultural significance(Criterion`e"). We need to know what the.prior significance evaluation
was for Site 22749, a previously identified lava tube that extends beyond the project area
boundary.
.
2
We agree with your recommendation for no further work at any of the sites, except for possibly
Site 21798,which consisted of one or more burials. A burial treatment plan has already been
approved and implemented for this site. The remains were removed, yet you found a few
additional bones at this site during the current investigations. This suggests that perhaps
additional remains might be found. Is that possible? And if so, would some mitigation be
needed, such as monitoring?
Please make the minor revisions to the report and resubmit it. As always, if you disagree with
any of our comments or have questions please contact our staff(Patrick McCoy 692-8029) to
resolve these as quickly as possible.
Aloha,
-DON HIBBARD, Administrator
State Historic Preservation Division
PM:amk
c. Kamanao Mills, Burial Sites Program
t _ •
3
Attachment
Detailed Comments on Draft Report
"Archaeological Inventory Survey TM%•3-7-3-05:112,Land of O'oma 1,North Kona District,
Island of Hawaii"
(Haun and Henry 2001)
Background
We like the way you have summarized the previous archaeology in the area through the use of a
map and an associated table. The table is particularly useful because of the various data that are
summarized.
Page 9.Figure 4. It seems like the figure caption is incorrect. Should it read Kaloko to Ooma?
Please review and correct as needed.
Inventory—Site Descriptions, Interpretations, and Chronology
Page 17,Figure 7. The key for this map is a little confusing because there are several"A's" on
the map. We suggest that you add the dark blob or dot beside the letter in the key to indicate that
all such locations are part of Site 21802.
Page 17, Figure 7. 21974 on the map should read 21794 and 21975 should read 21795. Please
correct.
Site 21795
Page 19, para. 1. You need to include a map of this feature. If Bonk made an accurate map this
could be copied from his draft report and included.
Site 21796
Page 19, para. 7. Based on the information that Bonk collectedyou alreadyknow that the site is
a 1900s era household and thus a"permanent"habitation complex. Also, Cordy's permanent
housing criteria were not meant to apply to post-contact period structures. Please remove the
first sentence.
Page 21, para. 8. Based on the information that Bonk collected you already know that the site is
a 1900s era household and thus a"permanent"habitation complex. Also, Cordy's permanent
housing criteria were not meant to apply to post-contact period structures. Please remove the last
sentence.
Report 105-092001
ARCHAEOLOGICAL INVENTORY SURVEY
TMK: 3-7-3-05:112
LAND OF O'OMA 1, NORTH KONA DISTRICT
ISLAND OF HAWAII
•
Haun & Associates
Archaeological,Cultural,and Historical Resource Management Services
HCR 1 Box 4730,Keaau,Hawaii 96749 Phone:982-7755 Fax:982-6343
ARCHAEOLOGICAL INVENTORY SURVEY
TMK: 3-7-3-05:112
LAND OF O'OMA 1, NORTH KONA DISTRICT,
ISLAND OF HAWAII
By:
Alan E.Haun,Ph.D.
and
Dave Henry,B.S.
Prepared for:
Mr. Charles Kurtz
25841 La Cuesta Ave.
Laguna Hills, CA 92653
October 2001
Haun & Associates
Archaeological,Cultural,and Historical Resource Management Services
HCR 1 Box 4730,Keaau,Hawaii 96749 Phone:982-7755 Fax:982-6343
SUMMARY
At the request of Mr.Charles Kurtz,Haun&Associates conducted an archaeological inventory survey
of TMK: 3-7-3-05:112,a 5.9-acre parcel located in the Land of O'oma 1,North Kona District, Island of
Hawaii. The objective of the survey was to satisfy historic preservation regulatory review inventory re-
quirements of the Department of Land and Natural Resources-Historic Preservation Division (DLNR-
HPD),as contained within Hawaii Administrative Rules,Title 13,DLNR,Subtitle 13,State Historic Pres-
ervation Rules.
The survey documented 13 sites with 46 features, including 14 previously identified features previ-
ously identified by Bonk.The sites consist of 11 single feature sites and two complexes of features.Formal
feature types consist of mound,enclosure,terrace,wall,lava blister,modified outcrop,alignment,cave,and
cupboard. Feature function includes agriculture, permanent habitation, livestock control, burial, firepit,
trash disposal storage,temporary habitation,and indeterminate. The identified site and features conform to
the traditional Hawaiian sitelfeature types expected in the Upland Forest Zone based on previous archaeo-
logical work and historic documentary research.As expected,agricultural features and temporary and per-
manent habitation sites were identified.In addition,one or more burials were associated with the permanent
habitation site.Also as expected,historic remains consisted of ranch walls.
The habitation sites consist of a lava tube and surface architecture including,enclosures and terraces.
The agricultural features consist of informal fields with scattered modified outcrops,mounds,and depres-
sions; and several possible enclosed garden plots. LCA testimony indicates that taro and sweet potatoes
were cultivated in the vicinity.Historic agricultural activity in the area included coffee cultivation,and goat
and cattle ranching.
All thirteen sites are assessed as significant under Criterion"d". The sites have yielded information
important for understanding late prehistoric to historic land use in project area. Site 21798 is additionally
assessed as significant under Criterion"e"because of the presence of a Hawaiian burial,which has tradi-
tional cultural value to the native Hawaiian people.The mapping,written descriptions,photography,and
test excavations at all sites, except Site 21798, adequately documents them and no further work or
preservation is recommended. A burial treatment plan was previously approved and implemented for Site
21798.The plan called for the relocation of the remains to a cemetery in North Kohala.The current survey
identified a patella and several rib fragments that were apparently missed during the relocation work.It is
recommended that the recognized lineal descendant be contacted and given the bones for reburial.
CONTENTS
Introduction • 1
Scope of Work • 1
Project Area Description • 1
Field Methods • 3
Archaeological and Historical Background - 3
Historical Documentary Research • 3
Previous Archaeological Work • 7
Project Expectations • 15
Findings - 15
Conclusion • 45
Discussion • 45
Significance Assessments • 46
Recommended Treatments • 46
References • 47
ILLUSTRATIONS
Figure 1. Project Location Area • 2
Figure 2. Ahupua'a Boundaries and Land Commission Awards • 4
Figure 3. Portion of Emerson's Late 1800s Map of Kailua • 8
Figure 4. Portion of Undated 1800s Map of Keopu to Ooma • 9
Figure 5. Portion of 1925 Kalaoa Quadrangle • 10
Figure 6. Previous Archaeological Work • 11
Figure 7. Site Location Map • 17
Figure 8. Site 21794 Wail • 18
Figure 9. Site 21795, Feature A Cupboard • 18
Figure 10a. Site 21796,Features A-D Plan Map and TU-4 North Face Profile - 20
• Figure 10b. Site 21796,Features A-0 Plan Map and TU-4 North Face Profile • 20
Figure 11. Site 21796, Features E-G; Site 22749, Feature F;and Site 22751 • 23
Figure 12. Site 21796, Feature E,TU-3 East Face Profile • 24
Figure 13. Site 21796, Feature F,TU-2 West Face Profile - 24
Figure 14. Site 21796, Feature H-J Plan Map and TU-7 West Face Profile • 26
iii
ILLUSTRATIONS (cont.)
Figure 15. Site 21796,Feature L Plan Map • 28
Figure 16. Site 21796,Feature M Plan Map and TU-1 West Face Profile • 29
Figure 17. Site 21796,Feature N Plan Map • 31
Figure 18. Site 21797 Plan Map and TU-6 North Face Profile • 33
Figure 19. Site 21798 Dismantled Burial Mound - 34
Figure 20. Site 21799 Enclosure • 34
Figure 21. Site 21799 Plan Map and TU-5 West Face Profile • 35
Figure 22. Site 21800 Plan Map • 37
Figure 23. Site 21801 Oval Alignment • 38
Figure 24. Site 21802,Feature D Mound 38
Figure 25. Site 21802, Feature B Mound - 39
Figure 26. Site 21802, Feature B,TU-8 North Face Profile . 39
Figure 27. Site 22743 Wall • 42
Figure 28. Site 22749,Feature G Terrace inside cave • 42
Figure 29. Site 22751 Wall - 43
Figure 30. Site 22754 Wall • 43
TABLES
Table 1 Land Commission Award Claims in O'oma and Kalaoa• 6
Table 2 Summary of Previous Archaeological Work - 12
Table 3 Summary of Identified Sites • 16
Table 4 Summary of Site 21802 Agricultural Features - 40
iv •
INTRODUCTION •
This report presents the results of an archaeological inventory survey conducted of TMK:3-7-3-
05:112,located in the Land of O'oma 1,North Kona District,Island of Hawaii(Figure/).The objective of
the survey was to satisfy current historic preservation regulatory review inventory requirements of the De-
partment of Land and Natural Resources-State Historic Preservation Division(DLNR-HPD),as contained
within Hawaii Administrative Rules, Title 13, DLNR, Subtitle 13, State Historic Preservation Rules
(DLNR 1998).
The survey fieldwork was conducted between July 20 and August 12,2001,under the direction of
Dr.Alan Hann.Described in this final report are the project scope of work,field methods,background in-
formation,survey findings,and significance assessments of the sites with recommended further treatments.
Scope Of Work
Based on DLNR-SHPD rules for inventory surveys,the following specific tasks were determined
to constitute an appropriate scope of work for the project:
1. Conduct background review and research of existing archaeological and historical docu-
mentary literature relating to the project area and its immediate vicinity—including ex-
amination of Land Commission Awards,ahupua'a records,historic maps,archival mate-
rials,archaeological reports,and other historical sources;
2. Conduct a high intensity, 100%pedestrian survey coverage of the project area;
3. Conduct detailed recording of all potentially significant sites including scale plan draw-
ings,written descriptions,and photographs,as appropriate;
4. Conduct limited subsurface testing(manual excavation)at selected sites(a)to determine
the presence or absence of potentially significant buried cultural deposits or features,and
(b)to obtain suitable samples for radiocarbon age determination analyses;
5. Analyze background research and field data;and
6. Prepare and submit Final Report.
Project Area Description
The project area consists of a 5.9-acre parcel bounded on all sides by stone walls.The area adja-
cent to the project area to the north consists of the Kona Palisades housing subdivision.Undeveloped land
is located to the south and east and west of the project area.The southern end of Lalei Street terminates at
the northern boundary of the project area.The northern portion of the project area has been partially dis-
turbed,likely during construction of houses and backyard fences in this area.
The project area is situated at elevations ranging from 1,080 to 1,200 ft.The parcel is located on
the southwestern slopes of Hualalai Volcano.The surface mantle in this area is comprised of Pleistocene to
recent Hualalai series lava flows.These flows include both pahoehoe and a'a,consisting of predominately
olivine basalt(Macdonald,Abbott and Peterson 1983:364).The soil within the parcel consists of Punaluu
extremely rocky pear(6-20%slopes). This soil series is classified as a thin organic deposit of dark peat
over pahoehoe lava(Sato et al. 1973:48).Despite Sato et al's description,examination of the project area
during the survey identified very little surface soil,with the majority of the ground surface comprised of
very weathered and irregular basalt outcrops.
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The vegetation within the parcel is comprised of aiahee (Psydrmc odorata [G. Forster] A.C.
Smith &S. Darwin), lama(Diospyros sandwicensis),Christmas berry(Schinus terebionthifolius Raddi),
lantana(Lantana camara L.), coffee(Coffey arabica L.),kiase(Prosopis pallida(Numb. & Bonpl. Ex
Wild.(HBK.]), koa haole(Leucaena leucocephalala[Lam] de Witt), air plant(Bryophylla n pinnatwn
[Lam.]Kurz),mango(Mangifera indica L.),guava(Psidium canleianum Sabine),and grasses and vines.
Field Methods
The project area was subjected a 100%surface examination with surveyors spaced at 5-10 m in-
tervals.Transects were oriented in a north-south direction.The identified sites and features were flagged
with pink and blue flagging tape and their locations plotted on a scaled project area map with the aid of
Garmin Global Positioning System (GPS)111+.Agricultural features within the parcel were subjected to
minimal recording, consisting of recording length, width,height,and shape. Photographs were taken of
representative feature types.
Non-agricultural sites were subjected to detailed recording consisting of the preparation of scaled
plan maps,the completion of standardized site✓feature forms,and photographic documentation.A metal
site tag was placed at each site and the tag's location was plotted on the site plan map.
Subsurface testing during the survey consisted of excavating eight test units at four sites.The units
were excavated in arbitrary levels within stratigraphic layers and were terminated on bedrock or in cultur-
ally sterile soil. Standardized excavation records were prepared after the completion of each stratigraphic
layer.The soil removed during excavation was screened through'A"mesh.Portable remains collected were
placed in paper bags labeled with the appropriate provenience information. Recovered charcoal samples
were carefully removed from either in situ locations or collected during the screening process.These sam-
ples were deposited in aluminum foil pouches and placed in properly labeled paper bags. Following the
excavation,a section drawing depicting the stratigraphy was prepared,post-excavation photographs were
taken,and the units were backfilled. Recovered cultural remains were transported to Haun&Associates'
office for analysis.
ARCHAEOLOGICAL AND HISTORICAL BACKGROUND
Historical Documentary Research
O'oma is literally translated as"concave"(Pukui et al. 1976:171). O'oma lies within the lava-
covered land north of Kailua called Kekaha, which "describes a dry, sun-baked land"(Kelly 1971:2).
O'oma is divided into O`oma I to the north and O'oma 2 to the south(Figure 2).
There is little mention of O'oma in Hawaiian legendary and traditional history.Cordy(1985)and
Henry et al. (1993) summarize the limited references. O`oma is mentioned in legends of two mythical
brothers,Ka-Miki and Maka-`iole(Henry et al. 1993).The legends were published by Hawaiian historians
J.W.H.1. Kihe and John Wise between 1914 and 1917 in the Hawaiian-language newspaper Ka Hoku o
Hawaii According to Henry et al.:
Kapukalua,the brother of Kapaihilani,and uncle of Ka-Miki ma,was an expert fisher-
man and a priest in the Kohanailci-O`oma area;his canoes were embraced in the sea-mist
of the ocean god Apoula. Because of his skills and status, Kapukalua secured Kau-
hionohua,the beautiful fair-skinned chiefess of O'oma,as his wife.
The priest, Puhili,served under Pohaku-o-Kane, father of Ka-Miki and Maka-iole,and
officiated over certain rituals of Kohanaiki and O'oma.The lands between Kohanaiki and
O'oma,where the priest dwelt,now bear his name(1993:27-28).
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Figure 2.Ahupua'a Boundaries and Land Commission Awards
During Kamehameha I's return to Kailua-Kona in 1812,his ship passed the O'omas and fishing
canoes from!O'oma approached the ship(Ii 1959).Kauikeaouli,who became Kamehameha III,was raised
in Ooma between 1814 and 1819 by relatives of the high chief Kaikioewa(Kamakau 1961).
Ellis (1963:31) reported the observations of the Reverends Thurston and Bishop during a walk
along the coast north from Kailua in 1823.They described houses along the coast built on lava and small
gardens in the lava where sweet potatoes,watermelon,and tobacco were grown.
During the Mahele,Ooma 1 and 2,and the adjacent Kalaoa ahnrpua'a(1-5),became government
land(Indicies 1929: 31, 35). Cordy(1985) suggests that O`oma 1 and 2 were the personal holdings of
Kauikeaouli(Kamehameha Ill),which he gave to the government,because the lands were not awarded to
other chiefs.The Waihona'Aina(2000)Mahele Database;which is a compilation of data from the Indices
of Awards(Indices 1929),Native Register(NR n.d.),Native Testimony(NT n.d.), Foreign Register(FR
n.d.)and Foreign Testimony(FT n.d.);lists only one Land Commission Award(LCA)claim for Dome 2,
LCA 9162,which was not awarded. Ten individuals claimed sixteen parcels in the Kalaoas,but only two
parcels in Kalaoa 5 were awarded(LCAs 7899 and 7937). Table 1 lists the claimed parcels and the loca-
tions of the awarded parcels are shown on Figure 2.
The limited data on parcel area ranges from 4.8 to 6.0 acres,excluding a 0.81 ac house lot.One
parcel was conveyed in 1841,one in 1843,and one in 1848.Two parcels were given by Kaainoa,and one
each was given by Kaluaonaona,Kapaa,and Kamehameha I.Five claimed parcels included houses,one of
which was partially enclosed. Thirty-two cultivated plots(kihapar) are listed for the parcels. Taro and
sweet potatoes are the only crops mentioned.The two awarded parcels are situated between 1,200 ft and
1,400 ft elevation and it is probable that the other claims were also for upland parcels.LCA 10523 is de-
scribed as forest land.
Henry et al. (1993) quote an 1857 letter by Isaac Davis that documents his inspection of the
King's lands on the Island of Hawaii:
O`oma &2°d—The best part of these lands have been sold,their[there]remains to the
Govt.the first part,2[00]or 300 Ac.And the seaward part some 1500 Ac.,about 500 of
which is 34 rate land,the balance rocks(1993:35).
Soehren(1985) indicates that the Hawaiian Government began selling land in the vicinity of the
project area in 1852.The parcels ranged from 0.5 to 515 acres with an average of 50 acres.Most of the land
bordering the alaloa inland,which later became the Mamalahoa Highway,at approximately 1,700 ft eleva-
tion,was sold by 1866. A road at approximately 1,100 ft elevation,Alanui Kauila provided access to the
seaward sides of the parcels bordering the alaloa inland.A lower branch of the Alanui Kauila was Alanui
Kama,which subsequently became Ahiahi Street.
Henry et al.(1993:36)cite a letter sent to the government land surveyor William D.Alexander in
1888 by thirty-three Hawaiians applying to acquire government lands from O`oma to Hamanamana. The
request indicated that the applicant's current land holdings were too small for grazing goats because of the
lack of soiL The additional land would enable the applicants to sustain themselves.
J.S.Emerson's 1888 field notes,prepared in conjunction with his survey of the Akahipu'u Section
of North Kona,Hawaii,were reviewed by Henry et al.(1993:37).The notes contain references to two sur-
vey stations in O'oma:
Station"Mahe-'ula'uIa"
Land agent Wiltse set an ahu at the southwest corner of Grant 2972,awarded to Ka'apau
and Kama at this point.This is a point of dispute,as the natives say that the ahu is in
Kalaoa and not on the"iwi"[stone boundary alignment]between O'oma 151 and Kalaoao
5"(pages 91 and 92).
5
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Just north of this station is the site of a famous"ana kaua"(literally:war cave,perhaps a
place of refuge during battles).Situated in O'oma 1 u,the cave has a vertical entrance and
extends for a long distance to the east and west(pages 137-138).
Figure 3 is a portion of Emerson's map,which depicts the lower forest edge below the project area
between approximately 900 ft and 1,000 ft elevation.The map also shows that much of the area along the
upper road consisted of a series of land grants.Figure 4 shows the lower forest edge in roughly the same
location as the Emerson map.Figure 5 shows the vicinity of the project area in 1925.The southern portion
of O'oma 1 is labeled()coma Homesteads.There is a house near the southwest corner of the project area
and a trail,or road extending inland to the Mamalahoa Highway.None of the maps show the Alanui Kama
that Soehren(1985)claims subsequently became Ahiahi Street,which extends to the northern boundary of
the project area.Also not evident is another road or trail the Alanui Kauila discussed below.
Kelly(1971:12)cites missionary and later census data that documents a decline in the population
of North Kona in the 1800s. Kelly(1971:13)also cites selections from Bowser's Hawaiian Kingdom Di-
rectory for 1880-1881.Named individuals include coffee farmers and goat and sheep ranchers with opera-
tions in North Kona between Kaloko and Puuanahulu.A man named Hueu in Kalaoa is identified as a cof-
fee planter who cultivated three of the 200 acres he owned.
Henry et al. (1993:42)cite John W. H. I.Kihe's recollections about the Kekaha region between
1870 and the early 1920s. According to Kthe,there were many residents in O'oma in the 1870s,but by
1924 none were left.Coffee farming and cattle ranching continued area in the 1900s,followed by residen-
tial development beginning in the 1970s.
The project area is one of two subdivisions of Grant 3820. Lot MA(TMK 3-7-3-5:4) is an 18+
acre parcel situated seaward of the project area.The project area is Lot 54B(TMK 3-7-3-5:112).The lots
were separated by a road,Alanui Kauila,that formerly provided access from the Alaloa Mauka,which later
became the Mamalahoa Highway,to the seaward side of a series of late 1800s land grants that had frontage
on the Alaloa Mauka (Soehren 1985). Grant 3820 was awarded to Loe Kumukahi on January 6, 1896
(PHRI 2000).Loe's daughter,Kamila Kamaka,inherited the land.
Oral historical information provided by Ms.Naomi Laau,who is Kamaila's granddaughter(Bonk
1998a,PHRI 2000),indicates that the property was formerly occupied by her father,John Kaiamakini,who
is Kamila's son.Prior to his death in 1987,John visited the property with Ms.Laau and showed her the
general location of several family graves. He specifically pointed out the graves of'Camila,who died in
1923,and her sister,Manana,who died at age 10 in 1917.
Ms.Laau,who was the former landowner,accompanied Bonk to the project area in 1998 and pro-
vided other details about prior land use(Bonk 1998a).She indicated that one feature Bonk identified during
an archaeological survey of the parcel was the foundation for a house occupied by her father and mother
(Feature 4;designated Site 21796,Feature D during the current survey).At some point in the past,her fa-
ther moved the house to an upland location.Two!Almeria trees,planted by her mother,were still growing
in front of the house foundation. She identified another feature that was a cookhouse(Feature 3; Site
21796, Feature A). She also showed Bonk the general area where her father had shown her where there
were family graves(Feature 5;designated Site 21798 by Bonk 2000).
Previous Archaeological Research
More than 40 archaeological survey and excavation projects have been conducted in O`oma and
the adjacent ahtrpua'a of Kalaoa.Figure 6 shows the locations of the projects and Table 2 summarizes the
projects.Not included in the figure or table is the overview of O`oma and Kalaoa archaeology by Cordy
(1985), and studies by Ching and Rosendahl (1968), Rosendahl (1973), and Bonk(2000)that were not
available for review.
7
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I Figure 4. Portion of Undated 1800s Map of Keopu to Ooma
i: ,.) Y ,-;:i _...,,„,g
rriii-3•44_� �a�J� '� 1-1 * ;
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Figure 5. Portion of 1925 Kalaoa Quadrangle
10
•
1-Dona=and Graven(1992)
// Hoed and Reno 1(1993) 2 'Tdea and Roandabl(1987).
3 WalkQanJHaon(1987and I
Hamman and Folk(19 0) 4 o Ban=(1992 and 1995a)
S-Bonk(1979)
` Q Davis(1977) 6�Bmrera(1987a)
I 7-.Barran(1987b)
�� Hattfea(1983e and 1969) 8..Baran(1993b),McGinty at
1I 9..Dude and Schutz(1995)
immilliI 1'14111
� ® Chi%and Roaadold(1968), 1t1==Walker and Roaondedd(199(
!f l+ Roemdahl(1973) 11=Ram a(1997)
985)
//,
IIIII--1111111.I 1 _ ED 1I�. y 12Soduta(1
GaodCdlawaadDdal (1993)
I 16 1 13..walker and Rwandan(1989
II 14=Haar and Gtaaa
i i I,;,; % /:"-7-78---1 **A._ 1s=N! Raaaoda5l(1989)
.. / em ]6 'Man,Maigrd and Kamed;
• I _:,1Id' �ii/ ! I7=PRoaadabl(19>00)
18..Racodahl andKirch(1975).
a:01 arith
Clark 0984),Cordy(1966x)
iii ;'////S 19aBatraa(1983a),Catdy(198
/�� 1 ,1_ / .���II ,, i .try::7 7.:::aer%
fir/ ItimilgI 1
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4'4+4 `:1661 A ..f a"—ti• al
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I I II i
i VII ;7 ••/. 1
' • i 1 7::• a • Al1111
i 1400
Contour Inouval=200 0 // / ' .Ia •..,
/// •. • ` • loot
Q 1800 3000 4500ft
22V41, is .,,
b 1
1100 (moo 600in
Figure 6.Previous Archaeological Work.
Table 2.Summary of Previous Archaeological Work
A fdlor Land SWdy Elevation Area Tela) Sitars! Told Foul Hab Hab Parra Tenpr. Ao Ag Four Sada! R
Type (foot) (ac) alta acre fears acts Feats Feast Heb Nab Fees sere Fats f
acre Form Foca
Rwandan!end lOrW(1975), Kafaoe RN 0-20 314 14 0.04 62 0.17 39 0.12 2
Reeendahl(1980) ,
Rogers,laedane(1978) Kalaoe RN 0-20 22.5 8 0,27 7 0,31 2 0,A
Clark(1984)N;ordy Kalaoe RNIDR 0.20320 12 009 1 20 0.08 7 0.02
(1988eyRaber Band Roberts
(2000) ,
Severe(1985)/Cordy Oome 2 RN 0-40 314 74 0.24 279 0.89 128 0.40 34 74 7
(1988b)IDortham(1987) ,
Banare(1985,1989) Kalcea end RNIDR 0-120 450 42 0.09 84 0.13' 31 0.07
Coma ,
Moore,Malgtet and Kannady Kaaaoa4 IN 0-10 4.21 1 0.24 1 0.24
(1998) ,
Bank(1979) Kalaoe RN 10-20 75 1 0.01 1 0.01
Berrera(1079) Kateoe RN , 1021) 5 2 0,40 , 19 , 2,80 13 , 2.80
Senora(1987a) Hakim RN . 10-20 51 2 0.04 , 12 0.24 7 0.14 , 4 0.08
8atrera(19878) Kan-00615 RN 10-20 355 0 002 8 002 3 0.01
Webb and Hannan(1995) Kaa1v.m u- W 40.140 15 3 0.20 8 0.53 4 0.27 4
Maw 4 _ _
Henry and Graves(1993) Krud aroea- IN 80-180 25.8 ' 11 043 11 0.43 2 0.08 4 0.18
N 14318011M.Roaondald.(1989) Ooma2 , IN 110-700 80 4 0.07 , 9 0.15
Herat',Goodfellow end Maly(1993)r Makatea- AS 120-840 2840 42 002 324 0.12 23 0.01 284 0.11 1
O'oma 2 _ ,
Davis(1977) Kalaoa 1.Ooma RN 121-800 916 22 0.02 54 0.08 23 0.03 8 15
Hemmen and Folk(1980) Ooma and RNIEX 180-380 370 18 005 18 0.05 15 0.04
Kelm ,
Darden and Graves(1992) Ketaoe 1-4 IN 200230 16 , 4 0.27 7 047
Walker asst Rwandald(1989) Kelaoa 5 IN 350-840 , 140 34 0.24 84 0.80 49 0.38 4 003 4
Head and Rwandan!(1993) Malmule- IN 400400 600 43 0.09 3388 8.78 205 0.41 213 3080 6.18 3
_ Kda084 L
Melee rad Rwandan)(1990a) Ooma 2 IN 550720 17.8 , 13 0.73 28 1.57 9 0.51 13 0.73 1
Thong and&AIR(1995) Own 2 IN 730980 , 8.8 _ 29 , 3.30 , 41 4.88 9 1.02 9 28 2.95
Barera(1997) Kelm IN 810-930 10,3 8 0.78 10 0.97 3 _ 0.29
Walker and Hau0(1987,1988) Miami 4 _ PR 840-1020 5.8 4 , 0.71 23 , 4.11 8 1.0715 2.88 1
Sodden(1982) Kalaea 4 RN 9501050 8.8 2 028 2 0.29
Soetnen(1986) Karma 4 RN 9501240 38.5 3 , 0.08 3 0.08 _ ,
NUM and Henry(2001) Owe 1 IN 10001103 18 17 0.94 77 4.28 24 1,33 3 21 46 2.50 2
Tales and Roewtdahl(1987)1 Kakna 4 RNIWIOR 1040-1240 8.4 7 1.09 12 1.88 3 0.47 5 078
Wrest and Rwandan!
(1990b)1(bompson and Goodfellow
(1992)
Borsch(1908a,1908b.2000) , Owls 1 , RNJF.X 1900.1200 , 5.9 , 14 - 2.37 14 2.37 2 0.34 6
Burma(199588)lMcGmtyand Kabul IN 13801620 0 12 2.00 54 9.00 20 3.33 2 18 28 4.87 2
seam(2000)
Barren](1992,19950) Kateoa INIDR 1775-1880 3 5 1.87
- 54 18.00
v 50 18.87 1
Total/Average 5716.91 436 0.64 4878 2.04 622 0.61 47 384 3581 2.61 30 •
•RN.'Rema base ce Survey,IN4wendary 3aavey,EXcomevatlon pro)ed.DR.Dada Recovery,AS.Aaseeamerd
Three reports by Bonk (1998a, 1998b, 2000) document his archaeological investigations of the
current project area. In June 1998, Bonk conducted a reconnaissance survey that identified fourteen fea-
tures including an historic residential complex,several possible burials,three C-shaped walls,a cupboard,
overhang,several walls segments,and three features interpreted as animal pens(1998a).In July 1998,re-
turned to examine four features(Bonk 1998b).He conducted excavations at three possible burial features,
or feature areas,and did not find any human remains.The former landowner,Ms.Lean and a representative
of Dodo Mortuary,found human bones in one feature previously tested by Bonk(Feature 6,PHRI 2000).
In November 1999,Bonk returned to one of the previously excavated features and found human skeletal
remains(Bank 2000).The results of this excavation were reported in a report prepared in 2000.The report
apparently assigned fifteen State Inventory of Historic Places(SIHP)site numbers to features in response to
DLNR-SHPD review comments on the earlier reports. The 2000 report was never submitted to DLNR-
SHPD
LNRSHPD and a copy of the report could not be located.
The surveys in Table 2 cover nearly 7,000 acres identifying 455 sites with 4,678 features.To aid
in reconstructing settlement patterns,features were quantified by probable age and function,and the studies
are ordered by elevation.Traditional Hawaiian features were categorized as habitation,agricultural,burial
(including possible burials),ritual,and trail,and rock art. Features not assignable to these categories were
categorized as miscellaneous/indeterminate.Traditional sites in this category include cairns,saltpans,fish-
ponds,and pahoehoe excavations.Habitation sites are further subdivided into temporary and permanent for
studies making this distinction.
Density per acre values are given for sites,features,and habitation and agricultural features.Over-
all,the studies have identified 47 permanent habitation features,354 temporary habitations,3,561 agricul-
tural features,30 burials, 16 ritual features,30 trail segments,59 ahu,and 18 petroglyphs.Two hundred
and twenty-one habitation features were not categorized by residential permanence.Historic features were
not segregated by function.The majority of the historic features are ranch walls.
Density values for surveys larger than 50 acres do not show any consistent trends by elevation,ex-
cept for agricultural features, which are rarely reported below 100 ft elevation. Overall feature density
ranges from 0.05 to 0.89 features per acre.Habitation feature density ranges from 0.01 to 3.33 features per
acre with an average of 0.55.Agricultural feature density ranges from 0.03 to 16.67 features per acre with
an average of 2.94.The highest agricultural feature density comes from the Barran(1992)study between
1,775 ft and 1,880 ft elevation.Burial and ritual sites are present near the coast with a few reported for sur-
veys between 500 ft and 1,800 ft elevation.
Twenty-eight radiocarbon dates are reported in the studies by Hammett and Folk(1980),Walker
and Rosendahl (1990b), Thompson and Goodfellow (1992), Walker and Rosendahl (1989), Head and
Rosendahl(1993),McGerty and Spear(2000),and Haun and Henry(2001).Nearly all of the age determi-
nation results produced multiple age ranges or long single age ranges between the 1600s and 1950.When
all potential age ranges are examined six ranges span the 1400s,eight include the 1500s,and twenty-two
each include the 1r through 19th centuries. The results indicate initial use of the area in the 1400s fol-
lowed by a gradual increase during the 15°century.The most intensive use dates to the 1600s to early his-
toric period.
Davis(1977)and Cordy(1985)utilized three environmental zones to characterize settlement pat-
terns in O`oma and the Kalaoas:(a)the Coastal Zone from sea level to 20 ft elevation within 150 ft of the
shoreline,(b)the Barren or Transitional Zone from 20 ft to 430 ft elevation,and(c)the Upland Forest Zone
from 430 ft to 3,400 ft elevation.Permanent and temporary habitation sites are present in the Coastal Zone
along with burials,holua slides,petroglyphs,saltpans, fishponds,refuge caves,and ritual sites including
heiau and shrines.Sites in the Barren Zone primarily consist of trails linking the coast to the inland agricul-
tural fields and temporary habitation sites.Upland Forest Zone sites include permanent and temporary habi-
tations and agricultural features,primarily modified outcrops,mounds,and excavated depressions.Refuge
caves are reported by Walker and Rosendahl (1990b) and Head and Rosendahl (1993). Soehren (1982)
identified a possible helot and Head and Rosendahl(1993)assigned a ceremonial function to an enclosure
in a lava tube.Petroglyphs and burials have also been identified at upland sites.
13
Cordy(1985)argues that the prehistoric population of O'oma and the Kalaoas was never more
than about 100 people.He suggests that there were small fishing settlements along the coast,such as those
reported by Ellis(1963)and scattered residences and agricultural fields inland.By the 1800s,most settle-
ment was inland.
PROJECT EXPECTATIONS
The project area is situated in the Upland Forest Zone as defined by Davis (1977) and Cordy
(1985). Prehistoric use of the project area is potentially represented by scattered temporary and permanent
habitation sites associated with agricultural features. The agricultural features consist of informal fields
with scattered modified outcrops,mounds,and depressions.Refuge caves,burials,and ritual sites are also
potentially present. Chronologically,sites may have been used as early as the 1400s,with the most exten-
sive period of use occurring between the 1600s and early historic period.
In the early to mid-1800s, LCA claims indicate settlement and cultivation in the vicinity of the
project area between 1,100 and 1,300 ft elevation.Taro and sweet potatoes are the only crops specifically
mentioned in the LCA testimony. By the mid-1800s to early 1900s, sites associated with ranching and
commercial cultivation of coffee are expected. Ranching and agricultural activity would be evidenced by
stone walls,corrals,and scattered habitation sites.
I4
FINDINGS
As discussed previously, Bonk surveyed the present parcel identifying 14 features (1998a). He
subsequently conducted excavations in at least three features,or feature areas(1998b).Bonk conducted an
additional excavation in 1999 that was subsequently documented in a report in which he assigned fifteen
SHIP site numbers(Bonk 2000). The later report was never submitted to DLNR SHPD and could not be
located to assist in the preparation of this report.A burial treatment plan for one site was prepared by PHRI
(2000).The burial site number,21798,is retained in report.Twelve of the remaining fifteen site numbers
were reassigned.
The current survey documented 13 sites with 46 features, including the 14 features previously
identified by Bonk The sites consist of 11 single feature sites and two complexes of features. Of the 13
sites, nine were initially documented by Bonk(1998a) during a survey of the project area(Sites 21794-
21802).The four remaining sites were previously recorded by Haun and Henry(2001)during a survey of
an adjacent parcel to the west(Sites 22743, 2.2749, 22751 and 22754). Formal feature types consist of
mound(n=19), enclosure(n=10), terrace (n ), wall (n=4), lava blister(nom), modified outcrop(n=2),
alignment(n=1),cave(n=1),and cupboard(n=1).Functionally,the 46 features are comprised of agriculture
(n=30),permanent habitation(nom),livestock control(n=4),and one each of the following;burial,firepit,
trash disposal storage,temporary habitation,and indeterminate. The sites are summarized in Table 3 and
are described in the following section.The location of the sites and features are depicted in Figure 7.
Subsurface testing was undertaken in eight locations during the study. These excavations were
conducted at six enclosures(Site 21796,Features A,F, H and M;and Sites 21797 and 21799),a terrace
(Site 21796,Feature E),and a mound(Site 21802,Feature B).The results of these excavations are incorpo-
rated into the following site and feature descriptions.
Site 21794
Site 21794 is a relatively intact stone wall that forms the eastern project area boundary.It origi-
nates on the southern side of the Site 22754 wall and extends 191 m to the south where it intersects wall
Site 22743. The wall is constructed of stacked subangular basalt cobbles and small boulders. The wall
ranges in width at the base from 0.92 to 1.05 m and at the top from 0.75 to 0.85 m(Figure 8).The wall
varies in height from 0.75 to 1.0 m on the upslope side and 0.65 to 0.85 m on the downslope side.The inte-
rior of the wall is narrowly core-filled. Site 21794 is interpreted as a livestock control feature used to re-
strict the movement of cattle based on its method of construction and its height.The wall is unaltered and
in good condition.
Site 21795
Site 21795 is a complex of two features situated along the eastern project area boundary.The fea-
tures consist of a cupboard(Feature A)and a small blister cave(Feature B).The features are unaltered and
in fair to good condition.
Feature A
Feature A is a small cupboard constructed against the base of the northern side of an outcrop near
the inland project area boundary.The feature was previously identified by Bonk(1998a)as Feature 1. It
consists of an oval shaped mound built of stacked subangular basalt cobbles with a hollow interior. It is
1.42 m long(east-west)by 1.25 m wide at the base. The sides slope upward from the base to an oval-
shaped opening that is 0.52 m long(east-west),0.39 m wide,and 0.75 ni in height above the surrounding
ground surface(Figure 9).The interior space is 0.85 m wide,0.6 m high,and 0.7 m deep.No cultural re-
mains were found in association with the cupboard. Feature A is interpreted as a storage feature based on
its formal type.
15
Table 3. Summary of Identified Sites
SIHPSite Type Function No.of Formad Type Function
Na Features
I
i Li i rg i A hi ! lit 1 11
21794 Well Livestock Contrc 1 1 1
_
21795 Complex Storage/Disposal 2 1 1 1 1
21798 Penn Heb�etionl 14 2 7 3 1 1 8 8
21797 Enclosure Agrtadture 1 1 1
'En 21798 • Mound Burial 1 . 1 1
_ __21799 Enclosure Indeterminate 1 1 1
.
21800 Enclosure Agriculture 1 1 _ 1
_
21801 ' Alignment Firepit 1 1 1
21802 Compleoc Agriculture 20 16 3 1 20
22743 Wall Livestock Control 1 1 1
`
22749-F Cave Temporary Habitation 1 _ 1
22751 Weil Livestock Control 1 1 1
22754 Wall Livestock Control 1 1 1
Total 48 19 10 6 4 2 2 1 1 30 6 4 1 1 1 1 1
1
I
Ilebend UMW
p754 " bccciani
axocaoccocco
v".0 BLAB vv
21101
•
11100 •S R•
4
]171!
21796
11794
1 [
n795
xPD r
A 73749 s.
I
317911D
,�� 11797 VO
B
' V
C am m
`R
4 60 12.0 E 'f
• 0 20 40 80m B-�
•A o Feature of Site S1802 Agricultural Comes ss •
R
1>7411
• Figure 7. Site Locoioa map .
b
» to
fi p� r�r
pp, t'
i .x 4
„,:,,,.....0-
, � .Y 3 ,�,p # i. �,
rPr r .,:-q,4..., :;-0 '� , P''. - pix "' . }d: r` k '�',;,,
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tr,
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:::,1!4.00,.° « :.,.:, .. .
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, t �.: " err 4' '9+
t
Figure 8. Site 21794 Wall,view to east
fi a � ..
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/1
5t # I� tF d �� �3F # 4 .44k:::( � '� �.,,,14 ,';' 4"::',S,''''
N ,
' P; t . 9. if "x tW
atm ' a' • „a %4- r ro
w as 410��} �. '! ` ' -tn
,....41''''''.. ...---,i'-'4-
3 + 1
_s '-,,..y. °'-' .11:D.;:ttt:t.:2' '4 .
R- =gAt* a
;',?::!.1;t::::;‘,.,'-t..4C.''''-rifi.-;;"...4',1-',..H.f.--1,7:1;:'-7 '''''' 1.,;:i4,4i2.:,..--
aN'
gr ba .¢ '- Tr 'N . .;.,':::;':::,',0:4',,,:.
i. S S
-,,,.....4.4...-;," 4',..,,,,4. ./. ... ..,-,..0.4( ,-.. •..--..-- - .
- r ' `; n j
Figure 9- Site 2179-,; Feature A Cu boar view from above
gP
IK
IN
L
Feature B
Feature B is a small,collapsed lava blister located near the eastern project area boundary c. 13.0 m
south-southeast of Feature A and 2.5 m west of wall Site 21794. It was initially documented by Bonk
(1998a)as Feature 2.The feature consists of an oval-shaped,collapsed lava blister that is 3.2 m long(east-
west), 1.95 to 2.3 m wide,and 0.69 m in depth(Figure/Oa). The interior floor is comprised of a brown
silty clay soil with scattered surface stones.Several clear and green glass,machine-made bottle fragments,
including a gin bottle, and pieces of rusted metal were noted on top of the outcrop on the southern side.
Bonk (1998a) collected approximately 60 ceramic fragments from the feature. A small metal pan, two
green glass bottles,and the base of a brown glass bottle were present on the Site 21794 wall,adjacent to the
blister to the east."W+A,Cilbey Ltd"is embossed on the base of the brown bottle.The latter three bot-
tles are also machine-made.
There are two small overhangs that extend from the blister.The first is situated along the southern
side of the depression.It measures 3.8 m long(east-west)and 0.8 to 2.2 m wide.It has a dripline height of
0.35 m and interior ceiling height averaging 0.3 m.A clear glass jug and numerous opihi shells were pre-
sent inside the overhang.
The second overhang is located along the northern side of the blister.It measures 2.8 m long(east-
west)and 1.55 m wide.It has a dripline height of 0.39 m and interior ceiling height of 0.32 m.No cultural
remains were present in this portion of the feature. Feature B is interpreted as a trash disposal area based
on the nature of the cultural remains present.
Site 21796
Site 21796 is a complex of 14 features that occupies the east-central portion of the project area.
The features consist of seven enclosures(Features A,F,G,H,L,M and N),three terraces(Features C,D
and E),two mounds(Features I and.1),a lava blister(Feature B),and a modified outcrop(Feature K).The
distribution of the Site 21796 features is illustrated in Figure 7.The site is altered and in fair to good condi-
tion. Oral information provided by Bonk(1998a)indicates that this complex represents the remnants of a
1900s habitation complex.
Feature A
Feature A is a well-constructed enclosure with a 0.82 m wide opening at the southern end of the
western wall(Figure 10b).The feature was initially documented by Bonk(1998a)as Feature 3.The enclo-
sure is 6.18 m long(north-south)and 4.7 m wide. The walls range in width from 0.93 to 1.15 m and in
height from 0.58 to 0.9 m.The walls are built of stacked subangular basalt cobbles and small boulders.It
has with faced sides and a narrow core-filled interior.Bonk visited the site with Ms.Naomi Laau,the pre-
vious landowner,who indicated that the structure was a cookhouse(1998a).
The interior floor of the enclosure is partially filled with collapsed rubble from the walls.No cul-
tural remains were identified within the structure.A 0.5 by 0.5 m test unit(TU-4)was excavated within the
enclosure,adjacent to the northern wall.The excavation revealed two soil deposits overlying bedrock(see
Figure 10).Layer I consisted of 0.03 to 0.05 m of a dark brown(10YR 3/3)silt organic layer with no cul-
tural remains present.Layer II was comprised of 0.07 to 0.15 m of a very dark grayish brown(10YR 3/2)
silty clay.Cultural remains from this deposit consisted of opihi shells(n- ,6.9 g),rusted metal fragments
(n=31,29.3 g),clear glass fragments(n=11,93 g),and charcoal(6.5 g). A small boulder that forms the
base of the northern enclosure wall extended into the Layer II deposit,indicating that the soil layers accu-
mulated after the construction of the surface structure.
Feature A is interpreted as a permanent habitation structure.Information provided by the daughter
of the former residents of the site indicates that the structure served as a cookhouse(Bonk 1998a).
19
4 .A. 41# ip ON 21794
ii-41,11/ .
• s ' . . VIP r/ Ars ofkbtarb ebbsb
•? • 04. rii OU2) '*'. an wane afbibter
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'
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BIS11011010!NO ° 8 9 !th
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(03) ,.,;
'• .1 •
-
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''W *i• e- rAdh,.. .‘ • \'\ .0 VI)j !Odor eColispecd Blister
0 4 <0361...Depth innate=
Fig= 10a. Site 21795,Feature B Plan Map
0 8 8 fift
(OM trmrnim
in Clukrop
.40-93 UM Peon 8
Al t100isiviiv.-. go.. , ..
(OA) . • •11111%itN•ibiQe.1 wit " -'
•m Ilir :.•- . -!,I. wa':70:- --.
•%8 ;#A Taxa Buda
•
li. t.i ti L .,d'4 ' Feature B CD if=mtbm
Fisk=C A• it,‘114 I"' , ,:}C ;111"- .. ..' '- .':. • .
t t..:•pm Nature AL''.711V Czmo!radar
' — Rand Wall
il!. • , •„ 9.-+ ".A „ ,,
V • • tie.. Mazza
U,. • - -....,,•ob„, ..",„ •rAl -. . . gus m to (012)go Haigh ha Nies
I . - ' " P.°air'va* a'a aNyf'• t
4035,..g Dap&in mateo
MO I • • ' ‘st,i'ik.r•-•s.•'!..)144•• %
yuglillilli • • . . ...
r . . . A MOP
(167) Datum\ l
C C kil /4%. 0610 C•i•(.. Rubble
C c c ao 44. tulle ! 1/4.
Atik Fed=No22) 1174 North -,.'.!•Pane
/Aft Ole
LialiDerklrainn
b
•Rignaping::,.. aill: --1410 Air, iii• MO%
IP•. All gal 11 allpth balic
. I'.'!F4 _ / i NIsailma smells
ir A, dr 4.1"4'
tug.low it'emu•mammy**volt 03 oh will*" i.', -• . II issidtbacnin
Offitlfa AI deg
MAO (OS* -...-.
Oiroil emendes mow
Figure 10b.Site 21196,Features A-D Plan Map and TU-4 North Face Profile
•
20
_ _.. _. _ _ • _ -- - • ._ . _ . _. . _ _
Feature B
Feature B is a collapsed lava blister situated adjacent to the east side of Feature A that was identi-
fied during the current survey.The opening to the blister is oval in shape. It is 6.5 m long(north-south),
2.06 to 2.6 m wide,and 035 m in depth below the surrounding ground surface(see Figure 10).The interior
is filled with rubble and hundreds of small to large opihi shells and several brown and clear glass bottle
fragments.Bonk(1998a)collected approximately 40 ceramic fragments and what he described as a hobble
from the feature.The hobble was a basalt cobble with four groves that Bonk suggests was used to tether a
horse.
An oval-shaped earthen mound is situated outside the blister on the southern side.The mound is
1.15 m long(northwest by southeast),0.72 m wide,and 025 in in height It consists of a dark brown silty
clay soil with hundreds of small to large opihi shells, fragments of white glazed ceramics, and blue and
brown,machine-made bottle glass fragments.The mound may represent a back dirt pile from an excava-
tion,although no evidence of an excavation was observed.
There is a small, low cave located on the southern side of the blister opening.It is 2.25 m long
(north-south)and 2.06 m wide.It is has a dripline height of 022 m and an interior ceiling height of 0.3 m.
The floor inside the cave is comprised of a dark brown soil with hundreds of opihi shells,glazed ceramic
fragments,and glass bottle fragments.Feature B is interpreted as a trash dump.The feature is unaltered and
is good condition.
Feature C
Feature C is a terrace situated adjacent to the western side of the Feature A enclosure.The terrace
was identified during the current survey and consists of a stacked retaining wall that is built of subangular
basalt cobbles and small boulders.The wall ranges in height from 0.33 to 0.6 m(see Figure 10).The north-
ern side of the terrace abuts a low bedrock outcrop,and the southern side extends to the Feature D terrace,
discussed below.The entrance into the Feature A enclosure opens onto the Feature C terrace..
The terrace measures 6.2 m long(north-south)by 2.95 m wide.The surface is level and is crudely
paved with small subangular cobbles.No cultural remains were present Feature C is assigned a ancillary
permanent habitation function because it probably served as an exterior access/activity area or porch at-
tached to Feature A.The feature is unaltered and in good condition.
Feature D
Feature D is a large terrace situated adjacent to Features A-C to the south.The feature was initially
described as a platform by Bonk(1998a)and designated as Feature 4.He collected a grindstone fragment
from the terrace surface.The structure is 10.0 m long(east-west)and 5.45 to 8.95 m wide.The western side
of the structure consists of a stacked stone retaining wall that varies in height from 0.61 to 0.81 m above the
ground surface. The retaining wall is partially collapsed, although intact sections indicate it was initially
faced. There is a sloping step that angles up to the terrace along the western wall,at the southern end.It
measures 1.05 to 1.75 m long(north-south)by 0.98 m wide.
The remaining sides of the terrace,east of the retaining wall are bordered by an alignment of cob-
bles and small boulders that range in height from 0.09 to 0.3 m The surface of the terrace is level and is
paved with small cobbles and pebbles.No cultural remains were observed on the surface of the feature.
There are three oval-shaped depressions situated on the surface of the structure.These depressions
range in length from 1.02 to 1.65 m,in width from 0.53 to 1.45 m,and in depth from 03 to 0.72 m below
the surface of the terrace:.These depressions may be the result of recent looting of the feature.Feature D is
interpreted as a permanent habitation structure.Bonk's(1998a)informant indicated that this structure fine-
timed as the foundation far an historic house.
21
Feature E
•
Feature E is a terrace situated at the base of a slight slope,below the Feature C terrace to the west
The feature was identified during the current survey.The terrace is irregularly-shaped and is 16.2 m long
(north-south)and from 1.15 to 3.85 m wide(Figure II).A low retaining wall,ranging in height from 0.29
to 0.5 in,is present along the western side of the feature.The wall is constructed of stacked subangular ba-
salt cobbles and small boulders.The surface of the terrace is level and is paved with small cobbles and flat
pahoehoe slabs.A single opihi shell was observed on the surface of the structure.
A 0.5 by 0.5 m test unit(TU-3)was excavated into the terrace at the northern end.The excavation
revealed a stone architectural layer (Layer I) above a soil deposit (Layer II) over bedrock(Figure 12).
Layer I consisted of 0.15 to 0.27 m of tightly packed subangular basalt cobbles,pebbles and small boulders.
No cultural remains were present in Layer I,and no evidence was found to suggest that the structure had
been built during more than a single construction episode. The base of Layer I intrudes into the Layer II
soil deposit.
Layer II was comprised of 0.17 to 0.25 m of a dark brown(10YR 3/3)silty clay with 50-70%cob-
ble and pebble inclusions. Cultural remains recovered from this deposit consisted of opihi shells(n=29,
33.7 g),pipipi shells(n=3,1.8 g),cowrie shells(n=2,42.9 g),one unidentified shell fragment(1.7 g),kukui
nut shells(n=18,26.7 g), fish bone(n=2, 1.6 g),pig teeth(n=4,28.5 g),pig bone(n=5, 9.25 g),metal
fragments(n=11, 10.4 g),and charcoal(2.3 g).These cultural remains likely filtered down through the ar-
chitectural layer,during the utilization of the terrace.
Feature E probably did not serve as a foundation for a structure based on its shape.It is assigned
an ancillary permanent habitation function because it probably served as an activity area associated with
Features A and D.
Feature F
Feature B consists of a double C-shaped enclosure located in a level area,5.5 m northwest of Fea-
ture E (see Figure 11). The feature was previously identified by Bonk(1998a)as Feature 8,although no
functional interpretation of the feature was offered.The C-shapes share a common wall in the center with
one enclosure to the east and a second to the west.The eastern enclosure is open at the north-northwestern
end,and is 4.45 In long(north-northwest by south-southeast)and 3.4 in wide.The opening is 1.0 m wide.
The walls are 0.85 to 0.95 m wide and 0.47 to 1.26 m in height This portion of the feature abuts a bedrock
outcrop at its southwestern corner,and a large mango tree is growing between the enclosure wall and the
outcrop.
The second C-shape is situated on the western side of the common wall,and is open at the north-
northeastern end.The southern side is formed by a bedrock outcrop(0.8 to 0.88 m in height)with the re-
maining portion comprised of a curving wall situated on the western side. This portion of the structure is
6.65 m long(north-south)and 5.3 m wide.The opening is 2.55 m wide.The western wall is 1.1 to 1.6 m
wide,0.55 to 0.95 in in height,and abuts a bedrock outcrop at the southwestern end.The Feature F walls
are constructed of stacked subangular basalt cobbles and small boulders and the sides of the walls are
faced.
The interior of both enclosures consists of a dark brown soil deposit.A 0.5 by 0.5 m test unit(TU-
2)
TU2)was excavated in the interior of the eastern enclosure.The excavation of this unit revealed a single soil
deposit overlying bedrock(Figure 13).Layer I consisted of 0.08 to 0.14 m of a dark brown (10YR 3/3)
silty clay with 30-50%pebble and cobble inclusions.Cultural remains recovered from Layer I consisted of
a piece of pig bone(6.1 g).
Feature F consists of two structures.The eastern one is 15.13 sq m in area and the western one is
35.24 sq m. The western structure has attributes of a permanent habitation structure as defined by Cordy
(1981)including its area and faced walls;however,the entrance faces the prevailing winds from the north-
east,which is atypical of residential features.The eastern structure's area falls within Cordy's size range
for temporary housing,but it has faced walls,a defining attribute of permanent housing.The feature,which
22
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Figure 13. Site 21796,Feature F,TU-2 West Face Profile
24
may have served as a foundation for two structures,is assigned permanent habitation special purpose struc-
ture function based on its association with Features A and D. ,
Feature G
Feature G is a large,low enclosure located adjacent to Features E and F to the west that was iden-
tified during the current survey. Stone walls form the enclosure walls along the northern, eastern, and
southern sides. The western side of the enclosure is the Site 22751 stone wall,which is described below.
The remaining walls are built of stacked and piled subangular basalt cobbles.The walls vary in width from
1.2 to 2.6 m and in height from 0.21 to 0.74 m.The feature has overall dimensions of 29.5 in long(east-
west)
eastwest)and from 15.9 to 23.5 in wide.
The northern wall originates on the western side of the bedrock outcrop that forms portions of
Feature F.It extends to the northwest a distance of 21.7 m,terminating at a low bedrock outcrop.This wall
extends over a low bedrock outcrop near its northwestern end,and there are several places in this area
where the wall is faced.There is an oval-shaped depression situated in the center of the wall,8.9 m north-
west of Feature F.The wall in this location roughly corresponds to Bonk's Feature 9,which was interpreted
as a rectangular pile of stones"7 feet long by 4.5 feet wide"(1998a:11),that was thought to contain human
remains.The depression is 0.7 m long,0.55 m wide and 0.28 m in depth below the top of the wall.The hole
is probably one of Bonk's excavations. It was excavated to bedrock.No cultural remains were present in
the excavation.
The eastern side of the enclosure originates on top of the outcrop at the southwestern corner of
Feature F.It extends 3.75 m to the south to a 1.35 m wide gap.The wall continues on the south side of the
gap,extending 4.9 in to the south and angles to the southeast for 3.3 m to where it terminates.The gap in
the wall may represent an opening that led from the enclosure to the habitation features to the east.
The southern wall of the enclosure originates 4.9 m west of the eastern wall.This gap appears to
have been purposely created,evidenced by squared-off corners at the eastern end of the southern wall.The
wall extends 14.0 m to the west,terminating 0.75 m east of the northeastern side of the Site 22749,Feature
F sinkhole opening(discussed below). The interior of the Feature G enclosure is level and consists of a
brown surface soil.A section of corrugated tin roofing material is located in the northeastern corner of the
enclosure,on top of an outcrop.Feature G is interpreted as a possible agricultural garden plot,bordered by
walls to keep animals out.
Feature H
Feature H is a roughly oval-shaped enclosure located 9.6 m north of Feature F. The feature was
previously identified by Bonk as Feature 10(1998a).The west,south,and southeastern sides of the enclo-
sure are formed by stone walls(Figure 14).The north and northeast sides consist of bedrock outcrops that
range in height from 0.45 to 0.7 m above the floor of the enclosure.There is a 2.0 m wide opening into the
enclosure at the north-northeastern end.The feature is 12.2 m long(north-south)and 2.57 to 6.8 m wide.
The walls are constructed of stacked and piled subangular basalt cobbles and small boulders. The walls
range in width from 0.83 to 1.6 m,and in height from 0.28 to 1.1 m.The interior of the enclosure is com-
prised of an uneven surface cobbles.No cultural remains were noted.
There are three oval-shaped depressions associated with Feature H.The first is situated within the
enclosure at the southern end. It is 2.75 m long(north-south), 1.55 m wide and 0.55 m in depth.The sec-
ond depression is located inside the enclosure, 1.7 m north of the first.This depression is 3.7 m long(north-
south),0.85 m wide and 0.61 m deep.The third depression is situated outside the enclosure,adjacent to the
southeastern corner.It is 2.7 m long(north-south),2.0 m wide and 0.85 m in depth.
•
A 0.5 by 0.5 m test unit(TU-7)was excavated inside the enclosure near the northern end. The
excavation revealed a single soil deposit over bedrock(see Figure 14).Layer I consisted of 023 to 0.38 m
of a dark brown (10YR 3/3) silty clay with 50%cobble and pebble inclusions. No cultural remains were
recovered.Feature H is interpreted as an enclosed garden plot that incorporated the walls and outcrops to
prevent animals from entering the interior.
25
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Feature I
Feature I is an oval-shaped mound located adjacent to Feature H, 4.3 m to the northwest. The
mound was first noted by Book as a component of his Feature 11,and was interpreted as a possible burial
mound(1998a). A test unit was excavated into the mound by Bonk apparently encountering no cultural
remains(1998b).The mound is 2.75 m long(northwest by southeast), 1.45 m wide,and 0.33 to 0.38 m in
height(see Figure 14). It is constructed of piled subangular basalt cobbles and small boulders.The excava-
tion left open by Bonk measures 0.6 m long,0.56 m wide and 0.38 m deep below the surface of the mound.
No cultural remains were noted.Feature I is interpreted as an agricultural clearing pile based on its infor-
mal construction and lack of cultural remains.
Feature J
Feature J is a stone mound located 3.4 m east of Feature I.This mound was also previously noted
by Bonk, and designated as a component of Feature 11. A test unit was also excavated in this feature by
Bonk to determine if human remains were present. The feature is oval in shape,measuring 4.0 m long
(north-south), 1.7 m wide, and from 028 to 0.32 m in height(see Figure 14).The excavation is 0.65 m
long(north-south),0.53 m wide,and 0.28 min depth below the top of the mound. No cultural remains are
present.Feature J is interpreted as an agricultural clearing pile based on its informal construction and lack
of cultural remains.
Feature K
Feature K is a crudely oonshucted modified outcrop situated 14.0 m east-southeast of Feature J.
The feature was identified during the current study and consists of an irregularly-shaped pile of subangular
basalt cobbles and small boulders on top of a low bedrock outcrop. The feature is 3.0 m long(north-
northwest by east-southeast), 1.0 to 2.1 m wide,and 0.27 to 0.32 m in height above the surface of the out-
crop.
utcrop.No cultural remains were noted.Feature K is interpreted as an agricultural clearing pile based on its
informal construction and lack of cultural remains.
Feature L
Feature L is a crude enclosure situated 7.4 m east-northeast of Feature 1.The feature was identified
during the present project and consists of a natural depression bordered by a bedrock outcrop,and two low
stone walls(Figure 15).The depression is irregular in shape,measuring 6.7 m long(northwest by south-
east), 1.55 to 4.6 m wide,and 0.25 to 0.33 m deep below the surrounding ground surface.A low stone wall
has been built across the outcrop,through the center of the depression. It is 6.06 m long(northeast by
southwest),0.67 to 1.0 m wide,and 0.22 to 0.32 m in height The wall turns to the south at the northern end
for 0.9 m. -
A second stone wall is situated on top of the outcrop at the southeastern end of the depression.It is
3.5 m long(northeast by southwest),0.85 m wide,and 0.22 to 035 m in height.The walls may have origi-
nally connected,although no stones were present in the gap between the two wall sections.Both walls are
constructed of piled subangular basalt cobbles and small boulders.
The interior area between the two walls measures 5.18 m long(northeast by southwest)and 3.47
m wide. The interior floor of the depression is comprised of a brown silty clay soil with no cultural re-
mains.Feature L is interpreted as a possible small garden plot bordered by stone walls based on its formal
type and informal construction.
Feature M
Feature M is an irregularly-shaped enclosure located 4.5 m north of Feature L.The feature was
initially documented by Bonk(1998a)as Feature 12.It consists of a series of stone walls that border a natu-
ral depression between two outcrops (Figure 16). The interior of the enclosure measures 14.95 m long
(northwest by southeast)and 3.4 to 4.9 m wide.The northern end of the enclosure is formed by a bedrock
27
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outcrop that is 03 m in height above the floor of the depression.A wall extends to the south from the out-
crop,along the western side of the enclosure,a distance of 7.6 m.It then angles to the west for 3.16 m,to
the south 2.7 in,and then to the east for 235 m where it terminates.This wail is constructed of stacked
subangular basalt cobbles and small boulders.The wall ranges in width from 0.64 to 0.82 in and in height
from 0.24 to 0.82 m.
A second wall originates 0.6 m southeast of the southern end of the first wall. It is 5.4 m long
(northwest by southeast),0.85 to 0.95 m wide,and 0.1 to 0.36 m in height. It is built of piled cobbles and
small boulders. An oval-shaped depression is situated along the southwestern side of this wall segment,
between the wall and a bedrock outcrop. The depression is 5.45 m long(northwest by southeast),0.6 to
1.35 m wide,and 03 to 0.38 m in depth.
A third wall is situated at the northeastern end of the feature,on top of the bedrock outcrop in this
area. It is 4.7 m long(north-south), 0.55 to 1.1 m wide, and 0.28 to 0.81 in in height. The wall is con-
structed of piled cobbles and small boulders.There are oval-shaped depressions located adjacent to the wall
on the east and west sides.The depression to the east is located outside the enclosure on top of the outcrop.
It is 3.6 m long(north-south), 1.25 m wide,and 0.82 m in depth.The depression to the west of the wall is
located in the floor of the enclosure.It is 4.95 m long(north-south), 1.15 m wide,and 0.24 m deep.
The enclosure is open along the southeastern side and the ground surface slopes steeply down to
the interior.The interior of the enclosure is uneven and is covered with cobbles and small boulders.There
are several guava and Christmas berry trees growing inside the structure. No cultural remains were ob-
served.A 05 by 0.5 m test unit(I13-1)was excavated inside the enclosure at the northern end.The excava-
tion revealed a single soil deposit(see Figure 16).Layer I consisted of 0.52 m of a dark brown(10YR 3/3)
silty clay with 80%cobble and pebble inclusions.No cultural remains were recovered from TU-1.The ex-
cavation was terminated within this deposit because no cultural remains were recovered. _
Feature M is interpreted as a possible garden plot bordered by stone stone walls and a steep slope.
The three depressions at the site may have functioned as cultivation pits.
Feature N
Feature N is a crude enclosure situated 11.2 in northeast of Feature M.The feature was initially
noted by Bonk(1998a)as Feature 13.It is comprised of a stone wall built along the western side of a bed-
rock outcrop(Figure 17).The wall is slightly curved,measuring 9.5 m long(north-south),0.56 to 0.85 m
wide,and 0.32 to 1.03 m in height.The outcrop varies in height from 0.15 m at the southern end to 0.96 m
at the northeastern end.The interior space between the wall and the outcrop is 6.85 in long(north-south)
and from 2.5 to 4.75 m in width.The interior is relatively level,consisting of scattered surface stones.No
cultural remains were noted.
There is a small blister opening on the side of the outcrop along the northeastern side of the enclo-
sure,0.75 m above the interior floor. It is 0.5 m long(northeast by southwest),0.43 m wide,and 0,1 m in
height.No cultural remains were present inside the blister.
There is an oval-shaped depression located above the enclosure,3.15 m east of the enclosure.It is
2.65 m long(north-northwest by south-southeast),1.45 m wide,and 1.25 min depth.Several boulders have
been placed outside the depression to the north. Bedrock was visible at the base of the depression and no
cultural remains were present.
Feature N is interpreted as a possible garden enclosure based on its formal type and informal con-
struction.The depression may have served as a planting pit.
30
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Site 21797
Site 21797 is an oval-shaped enclosure located c.23 m southwest of Feature D at Site 21796.The
site was first recorded by Bonk(1998a)as Feature 5.It measures 11.2 m long(north-south)by 8.3 m wide.
The walls are constructed of stacked subangular basalt cobbles and small boulders,with a narrow core-
filled interior(Figure 18).The walls are relatively intact,although collapsed sections are present.The walls
range in width from 0.63 to 1.1 m and in height from 0.34 to 1.16 m.
An exposed bedrock outcrop is situated inside the enclosure at the north and northeastern end.The
remaining portion of the interior consists of a dark soil deposit. A large mango tree is present inside the
structure.No cultural remains were noted.
A 0.5 by 0.5 m test unit(TU-6) was excavated inside the enclosure. The excavation revealed a
single soil deposit over bedrock(see Figure 18).Layer I consisted of 0.06 to 0.1 m of a very dark grayish
brown(I OYR 3/2)silty clay with no cultural remains present.Site 21797 is interpreted as a possible garden
enclosure or a possible pigpen.Site 21797 is altered and in fair to good condition.
Site 21798
Site 21798 is a disturbed stone mound located c. 19.0 m south of Feature D at Site 21796.The site
was initially documented by Bonk as Feature 5, one of series of crude mounds interpreted as a possible
burial features(1998a).Bonk visited the site with Ms.Laau,who indicated that family burials once existed
in this area.Bonk later returned to the parcel and dismantled the mound,along with three others in the area,
and determined that none contained human remains(Bonk 1998b)(Rosendahl 2000).Mrs.Lauu and Mice
Sasaki from Dodo Mortuary dismantled the site in October of 1998 and discovered human remains(Rosen-
dahl 2000).Bonk subsequently revisited the site in November 1999,and excavated the structure.The exca-
vation encountered human remains,marine shells,kukui nuts and glass fragments.
Rosendahl(2000)prepared a burial treatment plan for the site,following a field examination cou-
ducted in March 2000. The human remains apparently were subsequently removed from the feature and
reburied in North Kohala.The site was examined during the current study and was determined to consist of
an oval-shaped"enclosure"which was created during previous excavations.It measured 6.5 m long(north-
south)by 5.8 m wide.The interior space within the"enclosure"is 3.2 m long(north-south)by 2.6 m wide.
The height of the structure varies from 0.22 to 0.58 m above the surrounding ground surface(Figure 19).A
human patella,and several rib fragments were noted inside the"enclosure"on the ground surface.
Site 21798 is interpreted as the remnants of a burial mound,based on the previous recovery of
human remains.The site is altered and in poor condition.
Site 21799
Site 21799 is a rectangular enclosure situated 20.5 m west of Feature Mat Site 21796.The feature
was initially documented as Feature 14 by Bonk(1998a),who did not offer any functional interpretation.It
is built in a low swale and is bordered on the west,northeast,and southeast by low bedrock outcrops.The
main portion of the enclosure is 6.15 m long(east-northeast by west-southwest)and 5.1 m wide(Figures
20 and 21).The enclosure is open at the western end.The northern wall extends 2.3 m past the eastern wall,
forming a second compartment that is 4.8 m long(north-south)by 3.35 m wide.The east and south sides of
this compartment are formed by low outcrops. The walls of the structure are built of stacked and piled
subangular basalt cobbles and small boulders. The walls vary in width from 0.7 to 1.3 m, and in height
from 0.19 to 0.61 m,and are narrowly core-filled.
The interior of the enclosure is uneven and is filled with stone rubble.No cultural remains were
observed on the surface.A 0.5 by 0.5 m test unit(TCT-5)was excavated inside the main portion of the en-
closure,near the western end.The excavation revealed a single deposit(see Figure 21).Layer I consisted
of over 0.78 m of a very dark grayish brown(10YR 3/2)silty clay with 90%cobble and pebble inclusions.
A section of corrugated tin roofing material was encountered at 0.75 to 0.78 m below surface,suggesting
32
(0.7)
Dates
�.I,.IM/%.«era 223 m to Feature Dat Site 21796
1:0-
kfi &11 .y, (1.161 0fi►•`�g0
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i (0.64) : ,, f,
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0.63)
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J.
0 50cm
(0.82)=Height in meters ,
Iaya•I-Way dads grayish nava(10YR 3!2)
idly tiny;No neural ramahr
Rubble
Figure 18. Site 21797 Plan Map and TU-6 North Face Profile
33
3 6 9ft (0.31)
�//• 0 1 2 3m ���/►�r��:��r��
i if0.1 �'* ts \ TU-5-West Pace Profile
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1 W-5 OW"! site21796-110. - aii‘ °V
El (....L41110.4111111;) ,..) Feature M
roan ��� 114 i4 Ilb a ...
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/ LLQ
// +'/
0 50cm
' Onta°p -iaoeM
Layerl-Very dark grayish brown(10YRan)
silty clayw/9056 cobble and pebble inclusion;
Corrugated tin at base of excavation
Figure 21.Site 21799 Plan Map and TU-5 West Face Profile
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Figure 19. Site 21798 Dismantled Blil , mounA,V-ew t',,.s„'..,o k,,-...-;.t,"•,A°..t,,4n..I-','
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to southeast
view
21799 Figure 20.
0
SiteEnclosure,
34
am
that the swale,in which the surface structure was built,had been historically filled in with rubble to create a
relatively level area,prior to it construction.Site 21799 is assigned an indeterminate function.The walls are
too low to have been barriers to pigs or cattle.The deeply buried piece of roofing material indicates that the
structure is probably historic in age.The feature might have been an outhouse utilized by the occupants of
the Site 21796 habitation complex based on the evidence for a deep excavation; however, the feature is
situated rather far away from the main habitation features at Site 21796(50+m).The site is altered and in
poor to fair condition.
Site 21800
Site 21800 is a roughly oval-shaped enclosure located 30.0 m south of the Site 22754 northern
project area boundary wall (described below).The site was identified during the current project,and con-
sists of a natural depression bordered by bedrock outcrops with a Iow stone wall located along the west and
north sides.The depression measures 8.5 m long(east-west),2.35 to 5.9 m wide,and 0.6 to 0.85 m below
the surrounding ground surface(Figure 22).The enclosing wall is built of piled subangular basalt cobbles
and small boulders. It ranges in width from 0.64 to 1.28 and in height from 0.25 to 0.39 m above the sur-
rounding terrain. The wall varies in height from 034 to 0.7 m above the interior floor of the depression.
There is a 0.88 in wide break in the wall at the southwestern corner of the enclosure.
The interior floor of the enclosure consists of a brown silty clay soil. No cultural remains were
present.Site 21800 is interpreted as a garden plot based on its formal type and informal construction.The
site is unaltered and in fair condition.
Site 21801
Site 21801 is a small oval-shaped alignment of subangular basalt cobbles, located in the north-
central portion of the project area,c.34.0 m southwest of the southern end of Lalei Street.The alignment is
comprised of single course of stones that is 0.89 m long(east-west), 0.82 m wide,and 0.07 to 0.13 m in
height(Figure 23).The interior is comprised of a c.0.05 m of dark brown(10YR 3/3)silty clay soil,based
on the results of a trowel probe.A piece of clear bottle glass was present inside the alignment.Site 21801 is
interpreted as a possible historic fire-pit based on its formal type and the presence of the bottle glass. It is
unaltered and in good condition.
Site 21802
Site 21802 is a complex of 20 features interpreted as agricultural features typical of the Kona Field
System. The distribution of these features is presented in Figure 7. The features consist of mounds,modi-
fied outcrops, and terraces that are generally constructed of crudely piled weathered basalt cobbles and
small boulders with no cultural remains present.Most of the features are piled on bedrock.The mounds and
the modified outcrops consist of piles of stones that were likely cleared from nearby planting areas. The
terraces were constructed to retain soils area on the sides of slopes for planting. Five of the features were
initially noted by Bonk(1998a),the rest were identified during the current study.The Site 21802 features
are altered and in poor to fair condition.The agricultural features types identified within the project area are
discussed below and are summarized in Table 4.
Mounds
Mounds were identified in 11 locations. These features consist of nine oval mounds, one that is
linear,and one that is irregularly-shaped.The mounds range in length from 1.56 to 7.1 m(average of3.49
m),in width from 1.3 to 335 m(average of 2.11 m),and in height from 0.15 to 0.63 m(average of 0.35 m).
Examples of the mounds are presented in Figures 24 and 25.
Subsurface testing was undertaken at one of the Site 21802 mounds during the current project. A
0.5 by 0.5 m test unit(TU-8)was excavated in the center of the Feature B mound.This excavation revealed
a stone layer (Layer I)above a soil deposit(Layer II; Figure 26). Layer I consisted of 0.09 to 0.12 rn of
loosely packed subangular basalt pebbles and small cobbles.The base of Layer I rests on the surface of
36
(0.32)
(0.25)=Haight in meters
(03) IlWailplikellirdr
ASMS0=401),W4V.Silii CiutsruP
FILM (0.54) • 4:141ws% 1 SloPe
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(0.25) Of (°
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1 la`-� (0.S 9)
0. \
ak
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r /
Aar
p 3 6 9ft
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0139)
Figure 22. Site 21800 Plan Map
0„, ,,,,„
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Figure 23. Site 21801 044val:1:g;;7
-t,- v
1441'..,, -', %,,-, ,,,,,* c,, wori . 0. _ (,it.i., 4i . '1.', toe,Y:` ,,,... 7 , '•-' 1,I
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Figure 24. Site 21802,Feature
38
as
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aa "' kF§ p - iPv 0 .♦ gpMara a ¥ $ � yl Mw'' *..,M 1 ps -y` .. es+ .. F
ill
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,, '41' • `,„'‘ I- * • * t''.i _ en ',' * ,- 4._,_15,44L ,;,,1 '.4 '1 ,',V, ;,4.*
IP- ) ; • , 4t*P° i 'foe,. * ' -*:" ' '`... .„_.1..,:c\ik, 611 ,, , 4„......,-. -,,.
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, I
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> 7 it
ortl�east
Feature 13 I��Iouticl.view to
Figure ul�, ��. Site 2180. ea
-0 ,•-•S-�, di1lIgr
yrire ►�l�,� i!
�--•a4141414)..
Layer I-Layer of loosely Packed subanguIas
II brink small cobbtcs and pebbles;
No cultural remains
/ /
////- �f Layer II Layer
-Darfc brown(IOYR 313)silty clay;
30cm No cultural remains
0 50cm
,
Figure 26. Site 21802, Feature B. TU-8 North Face Profile
39
Layer IL The Layer II deposit consisted of 0.08 to 0.1 m of a dark brown silty clay. No cultural remains
were present in either layer.The excavation of TU-8 was terminated on bedrock.
Bonk excavated one of the mounds during a previous project within the parcel(1998b).Feature Q,
which was designated as a component of Bonk's Feature 6,was dismantled and not reconstructed following
Table 4-Summary of Site 21802 Agricultural Features
Feature Type Length Width Height Shape Haun & Bonk
Associates (1998a)
Field No. No.
A Mound 2.51 2.15 0.45 Oval 9a -
B Mound 1.92 1.55 0.16 Oval 9b -
C Mound 2.70 2.40 0.41 Oval9c -
_
D Mound 1.56 1.48 0.34 Oval 9d -
E Mound 2.02 1.65 0.19 Oval 9e -
F Mound 2.55 1.87 0.29 Oval 9f -
G Mound 2.58 2.43 0.20 Oval 9g -
H Mound 3.19 1.99 0.15 Oval 9h -
I Modified Outcrop 4.45 230 0.54 Irregular 9g -
J Terrace 4.85 1.75 0.60 Linear7 -
_
K Mound 6.30 2.60 0.63 Irregular 6a -
L Mound 7.10 1.30 0.51 Linear 6b -
M Modified Outcrop 1.95 0.70 0.31 Irregular 5f 6
N Modified Outcrop 4.60 1.10 0.55 Irregular 5e 7
O Modified Outcrop 1.65 0.55 0.59 Linear 5d 6
P Modified Outcrop 233 1.02 0.44 Irregular 5c 6
Q Mound 4.30 3.35 0.45 Oval 5b 6
R Terrace 6.15 2.20 0.61 Irregular 23 -
S Terrace 3.30 1.20 0.52 Irregular 25 -
T Modified Outcrop 3.10 1.60 0.48 Linear 28 -
the excavation. Apparently no cultural remains were recovered. The size and shape of Feature Q reflects
the feature's current condition,and not its original dimensions prior to Bonks excavation.
Modified Outcrops
Modified outcrops were present six locations. Four of these six features(Features M-P)were ini-
tially documented by Bonk(1998a)and were dismantled(Bonk 1998b).The dimensions and shape of these
four features in Table 4 are based on their current condition.No cultural remains were apparently recovered
by Bonk.The modified outcrops range in length from 1.65 to 4.6 m(average of 3.04 m),in width from 0.55
to 2.3 m (average of 1.27 m),and in height from 0.31 to 039 m (average of 0.48 m).Four of the mounds
are irregular in shape,and two are linear.
Terraces
Three terraces were identified at Site 21802.These features vary from 3.3 to 6.15 m long(average
of 4.75 m),0.2 to 2.2 m wide(average of 1.71 m),and 0.52 to 0.61 m in height(average of 0.57 m).Two of
these features are irregular in shape,and one is linear.
40
Site 22743
Site 22743 is a stone wall that forms the southern project boundary. The seaward portion of this
wail was previously recorded by Haun and Henry(2001:43),during a survey of an adjacent parcel.Portions
of the wall are collapsed. Intact sections are 0.7 to 0.75 in wide at the base and 0.55 to 0.65 m wide at the
top(Figure 27). It is constructed of stacked subangular basalt cobbles and small boulders with a narrow
core-filled interior.The intact portion of Site 22743 varies in height from 0.7 to 1.15 m with the collapsed
sections ranging from 03 to 0.66 m in height.The wall originates at the intersection with the Site 22751
wall(discussed below),and continues along the southern project area boundary a distance of 18.3 m where
it intersects wall Site 21794. The wall continues in an easterly direction outside the project area an unde-
termined distance. The height and method of construction of this wall indicates that it likely functioned as
an historic livestock control feature.Site 22743 is unaltered and in fair condition.
Site 22749, Feature F
Site 22749 is an extensive lava tube initially identified by Haun and Henry(2001:52-57).The por-
tion of the cave west of the current project area measured c. 145 in in length. It consists of five features:
four cave entrances(Features A,B,D and E)and a surface enclosure(Feature C;see Figure 7).The cave
also contained a series of 17 small surface hearths and several historic artifacts. The site was interpreted as
a temporary habitation based on its formal type and the presence of cultural remains and surface features.
Portions of the site may have also functioned as a refuge cave based on the presence of several sealed pas-
sages,restricted entrances,and internal surface hearths.
Haun and Henry also noted that the cave system extended to the northeast,outside of their survey
area(2001:53).The portion of the cave within the current project area was designated as Feature F of the
Site 22749 complex.It consists of an oval-shaped sinkhole opening that measures 6.6 m long(northeast by
southwest),5.3 m wide,and 2.1 m in depth. The interior of the sinkhole is filled with rubble and several
large boulders.
A small chamber is situated on the northeastern side of the opening. It measures 2.5 m long
(northeast by southwest)and 3.1 m wide.The dripline height is 137 m and the interior ceiling height aver-
ages 0.75 m. The floor of the chamber is bare lava with scattered surface stones.No cultural remains were
noted.
A passage extends to the southwest from the opening. The entrance to this passage is 4.2 m wide
and 1.25 m in height.A crudely constructed terrace is located 0.45 m inside the passage.It has a piled stone
wall on the southwestern side that is 43 m wide and from 0.55 to 0.67 m in height The surface of the ter-
race is uneven and unpaved(Figure 28).An opihi shell and a pig mandible were present on the terrace.The
passage continues to the southwest,beneath the Site 22751 wall,and joins the portion previously recorded
by Haun and Henry(2001).The floor of the cave to the southwest of the terrace consists of bare lava with
no cultural remains.Feature F is assigned a temporary habitation function based on its association with the
Site 22749 complex.It is unaltered and in good condition.The portion of this site within the current project
area is illustrated in Figure 11.
Site 22751
Site 22751 is a stone wall that forms the western project area boundary(see Figures 7 and 11).
The wall was initially documented by Haun and Henry(2001:57).The wall is constructed of stacked suban-
gular basalt cobbles and small boulders. It ranges in width at the base from 1.15 to 1.25 in and at the top
from 0.7 to 0.87 m(Figure 29).The wall varies in height from 1.08 to 1.24 m and has a core-filled interior.
The wall originates against the north side of the Site 22743 wall and extends in a north northwesterly direc-
tion
tion a distance of 135.5 ft.It then angles slightly to the northwest and continues for 162.2 m where it termi-
nates along the southern side of the Site 22754 wall (discussed below). There is an opening through the
wall located 62.2 m north-northeast of the Site 22743 intersection. This opening is 1.97 in wide and has
faced interior sides indicating that it functioned as a gate. Site 22751 is interpreted as a livestock control
feature based on its method of construction and its height It is altered and in fair to good condition.
41
.
,
44*;,, 'tit,,,
,; ,,,..4, ,.-- ,N,44'. „ <<'''<:-. *4.1..•;, ,. -0,4,..v1.'"1.-,,, ,4;."'.= 44 ,_4.c
.,< f4:' ,r , -,,,,,,,;::,, ..--.• .1,-- 7,-.. '.:, ' .•, -';'-'-;'.6--',!,, .'"'PN.0'"'" , ,
It
,,,',,'
,
.1,
...„ ,
,-, ,:- jriskv,—4,; ,0', t 1, ' ' ,"I,,%.,it., •.,..:. A ;,,,,,,„,.
1.44.
Figure22743 Wall,viewt77uthq,
Site
27.
4,01440:
i
,,
' ' I
At,i
,- •. _.' ,'!',,,,:,,,, .'itoq,,,,-,,,, 4,1,1,., ,':,'''.0 4„r, ,- , ,,
1
b'' 7N.,.. •,40. ,. •
i ..; ' • .1501`,,`,. ,,,-:7" '- . A ,...,„1„ .4-..,--- - + ',.---,
,,,,,,,. ,,,,,,,..,:: „„,, ..,:*i..,,, ,,....p.".. ._. -os„,, 47.7.,..-17..„., ..tr:.„ „,,,,,
,„.,-- ,,,---- -. 1.k.0,— r-V44- 1,'r 1'4."1-- ' *: -T.
'4-*04:,--,4.1,- T**44. -',A,---,4,<,.t.'"",'"'" t 4' „<,74:x. -,'.,-,4-4"', ?*--
404.:.. 0.1,---,-.'4. -- . ;..,,, 4,1,- -,„..,, 4....'...,,,
4..r., ;77-.4,,,,,i-T%-,-- .,-- -- , -1 --,' - -,-T -- -
-',.,`*i, , .,,,,,' ,- •--,,,,-(.4....,:k '-'4 '--. .,,,,, •,,,....,-„...: ,*/,,,,,, ' it
4100
,-,,-, i, ,-, -‘, `,4.,r,',,Ikn,e,
•:,',3*'''' t*. 1;s4
,,,,'-' . 1 ""'...e• ' '‘''. :' '' - ' ',177", ''..' ''''' '0'*. '4-
,,,,,, ,,,, . ,.:,4Ae,.,.,4,-i',. N'.'.„N-,
.,
Figure28. site 2274g. Feature
,.,.F, Te,r..,ra„ce I
nsr
de cave,
view to
southwest
.,.
......,,4"""
.
. . ......,
t, ,1‘. !,''•' ',`',1 Vri, '4 ' ' , ' ' '
,;,.V ,,,,''..14; t
v.,. „i.:iAt..0.,
'-'-'^:' -- ''''''''''' , t'...li . `*' 'f.#1..it:),,
Ari. , — 7,-• '.- - ‘ ',
,„11, ,,_.„,, -, ,, .
,. 4.) , - - -
4 4. 3'14 ';'' ,O,, 40" .• e'43 31'1,3,7 ,.., - ,,44/4 . rtt." '> 4 ,;.,7,' '44, ,.,1, A ii, ,,ic, ,,,,,,„
,,,,,,,,,„'it,:',441,,,,,,,'. ;1,,,, -irtrt., ',,t ;Al,- 4,'' 1*-t•4 ttt'. l'.5 '..t4i,„L'..i,„?'. -'.-1,,,kit, 4.!,0 ilk- + , ',t44 4:,'Mv
0
''. ' 4'14,,,,,Vr7,,, t7,iiir, 4.'vv.; . ''.*4 4 , •.;. f,,i,''' '',,,-- ' .,. ''`,7" '''''', -8,til" *072T=--04'1'4,„. x,'"*. ,
1
r, ,,,, ."' r
-11!;,' kt,01(,,i ' '. tr.,
7,4, , '4, 4 e
4.44. , ,,-.4'4 ,t,":
, .,. N7t., ,
4(04,,
'0,1:." '‘ 71,...,4 t7,-4 flr•loe--,, -- 't 4e-- ,, ! --
,
jee
7'1•4,,:e?..,liv''''',.' , ' ,,,,..,,, -r - oc- -,.. ..._,--,Ite-f.:--- -, P-°.::,,,4-',;,.,,,.-1 +1 ,44'1,.4., ., ,-**Mir„,
*
tAlg
.1,0,,,
to southeast
751 Wail,view
29. Site 22
Figure
ii
'24714'
, .
,
•
•
‘,,,,,4, ''
..,AktV,- ,i4 -7,017,00:,.,.--'
,
.
. •
,
4 ;
' •
' -
010,13r# 4" -
t..
e' '
i .
,.,...
: •'.
;"- .'. ,'-,4,' --,,,, ' ' 1#
• .:7- .---, '
',,,,„ '.."-,
, • to north
IA - ..- Wall, view
Figure 30. Site 22754
43
immis
Site 22754
Site 22754 is a discontinuous stone wall that forms the northern project area boundary.A portion
of this wall to the west of the project area was previously documented by Haun and Henry(2001:65).The
wall is constructed of stacked subangular basalt cobbles and small boulders. Intact sections of the wall
range from 0.8 to 0.95 m in width at the base and from 0.6 to 0.75 m at the top.The wall is from 0.75 to
0.95 in in height(Figure 30).The seaward portion of the wall within the project area has been replaced by
a wooden fence,extending from the intersection with the Site 22751 walla distance of 31.5 m to the east
(see Figure 7). An intact section of wall extends 92.5 m to the east from the fence,terminating at a dis-
turbed area that is 19.8 m long.The wall continues from the disturbed area for 13.4 m where it meets the
southern end of Lalei Street.No wall is present across the end of the street.
The wall continues to the east for 25.6 m from the eastern side of Lalei Street,where it intersects a
disturbed area.This disturbed area is 28.5 m wide.The wall continues on the eastern side of the disturbance
for 19.2 m,where it intersects the northern end of the Site 21794 wall.The wall continues to the east,out-
side the project area an undetermined distance. Site 22754 is located roughly on the land division between
Kalaoa 5 and O'oma 1.While it is probable that this wall marks a land division,its primary function was to
restrict the movement of cattle based on its method of construction and height. Site 22754 is altered and in
poor to fair condition.
44
CONCLUSION
Discussion
The identified site and features conform to the traditional Hawaiian site/feature types expected in
the Upland Forest Zone (Davis 1977, Cordy 1985) based on previous archaeological work and historic
documentary research. As expected, agricultural features and temporary and permanent habitation sites
were identified.In addition,one or more burials were associated with the permanent habitation site.Also as
expected,historic remains consisted of ranch walls.
The habitation sites consist of a lava tube and surface architecture including enclosures and ter-
races. The agricultural features consist of informal fields with scattered modified outcrops, mounds, and
LCA testimonyindicates that taro and sweeti severalpossible enclosedgarden lois_
depress ons;and p
pota-
toes were cultivated in the vicinity.Historic agricultural activity in the area included coffee cultivation,and
goat and cattle ranching.
The permanent habitation site (21796) was occupied by a Hawaiian family in the late 1800s to
early or mid-1900s.Historic artifacts at the site include machine-made bottles and corrugated metal roofing
material, which date to after 1900. Bonk(1998a)collected over 100 ceramic fragments from the site. Ac-
cording to Bonk, the assemblage included earthenware, stoneware, and porcelain from England, China,
Germany, and potentially the United States mainland (1998a:23). Vessel types included plates, a platter,
bowls,saucers,and a cup. Prehistoric artifacts were not present at the site.Food remains include fish bone,
pig bone,and marine shell.
The project area is a portion Grant 3820 that was awarded to Loe Kumukahi on January 6, 1896.
Loe's daughter, Kamila Kamaka, inherited the land. Information provided by Ms. Naomi Laau, who is
Kamaila's granddaughter,indicates that Site 21796 was formerly occupied by her father,John Kaiamakini,
who was Kamila's son.Her father showed Ms.Laau the graves of Kamila,who died in 1923,and Kamila's
sister,Mahana,who died at age 10 in 1917.He also told her that there were at least three other graves in the
vicinity. Despite extensive testing of mounds in the vicinity of the reported graves by Bonk(1998a,2000),
only one individual was found.
A road or trail known as Alanui Kauila apparently following the seaward boundary of the project
area and provided access from the Alaloa Mauka, which later became the Mamalahoa Highway. No evi-
dence of the road,which would have passed within 10-15 m of Site 21796,was found during the survey_
The sites and features are concentrated in the southern half of the project area.A pattern that was
recognized by Haun and Henry(2001)in the adjacent parcel to the west.The topography and vegetation of
the entire area is relatively uniform and mostly undisturbed by historic land modification.The only differ-
ence between the northern and southern portions of the project area is the presence of a lava tube in the
southern half.The natural shelter afforded by the cave was obviously recognized and utilized as evidenced
by structural modification and portable remains associated with habitation use_
The presence of the tube was apparently also a determining factor in the selection of places for
surface residential architecture. Nearly all such structures are situated in close proximity the cave entrance.
In addition to shelter,the tube was used probably used for storage.Although the tube was dry at the time of
the survey, during wetter times of the year seeps in the tube ceilings may have provided a seasonal source
of fresh water_ Haun and Henry(2001)suggest that the western portion of the Site 22749 tube system may
also have served a refuge function in late prehistory.
45
Significance Assessments
Pursuant to DLNR(1998)Chapter 275-6(d),the initial significance assessments provided herein
are not final until concurrence from the DLNR has been obtained.Sites identified and relocated during the
survey are assessed for significance based on the criteria outlined in the Rules Governing Procedures for
Historic Preservation Review(DLNR 1998:Cbap 275). According to these rules,a site must possess integ-
rity of location, design, setting, materials, workmanship, feeling, and association and shall meet one or
more of the following criteria:
I_ Criterion"a".Be associated with events that have made an important contribution to the
broad patterns of our history;
2. Criterion"b".Be associated with the lives of persons important in our past;
3. Criterion"c". Embody the distinctive characteristics of a type,period,or method of con-
struction;represent the work of a master;or possess high artistic value;
4. Criterion "d". Have yielded, or is likely to yield, information important for research on
prehistory or history;and
5. Criterion"e".Have an important traditional cultural value to the native Hawaiian people
or to another ethnic group of the state due to associations with traditional cultural prac-
tices once carried out,or still carried out,at the property or due to associations with tradi-
tional beliefs,events or oral accounts—these associations being important to the group's
history and cultural identity.
Based on the above criteria,all thirteen sites are assessed as significant under Criterion"d". The
sites have yielded information important for understanding late prehistoric to historic land use in project
area. Site 21798 is additionally assessed as significant under Criterion "e" because of the presence of a
Hawaiian burial,which has traditional cultural value to the native Hawaiian people.
Recommended Treatments
The mapping, written descriptions, photography, and test excavations at all sites, except Site
21798,adequately documents than and no further work or preservation is recommended. A burial treat-
ment plan(PHRI 2000)was previously approved and implemented for Site 21798.The plan called for the
relocation of the remains to a cemetery in North Kohala The current survey identified a patella and several
rib fragments that were apparently missed during the relocation work. It is recommended that the recog-
nized lineal descendant,Ms.Laau,be contacted and given the bones for reburial.
46
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Rogers-Jourdane,E.
1978 Archaeological Reconnaissance Survey of NELH Proposed Facilities Areas at Keahole Point,
North Kona. Dept. of Anthro.,B.P. Bishop Museum. Prepared for the Research Corp.of the
University of Hawaii.
Rosendahl,M.
1989 Archaeological Inventory Survey,Kohana-iki Resort Water Development Project Area,Land
of O'oma 2, District of North Kona, Island of Hawaii. PHRI Report 477.Prepared for M&E
Pacific,Inc.
Rosendahl,P.
1973 Archaeological Salvage of the Keahole to Anaehoomalu Section of the Kailua-Kawaihae
Road(Queen Kaahumanu Highway),Island of Hawaii.Prepared for Department of Transpor-
tation, State of Hawaii.
1980 Intensive Archaeological Survey and Salvage Excavations at the Natural Energy Laboratory
Hawaii (NELH) Site, Ke-ahole Point,North Kona,Hawaii Island. PHRI Report 2. Prepared
for the Research Corp.of the University of Hawaii.
Rosendahl,P.,and P.Kirch
1975 Archaeological Reconnaissance Survey of the Key-chole Point Natural Energy Laboratory Site,
North Kona,Hawaii Island.Dept.of Anthro. B.P.Bishop Museum. Prepared for RM.Towill
Corp.
50
Sato,H,W. Ikeda,R.Paeth,R.Smythe,and M.Takehiro
1973 Soil Survey of the Island of Hawaii,United States Department of Agriculture,Soil Conserva-
tion Service,In Cooperation with the University of Hawaii Agricultural Experiment Station.
Soehren,L_
1982 Letter Report of an Archaeological and Historical Reconnaissance Survey of TMK: 7-3-
05:13,Kalaoa 4,North Kona,Hawaii.Historic Sites Section(11-282),Division of State Parks,
department of Land and Natural Resources,State of Hawaii
1985 Alanui Kauhini,Kalaoa 4,North Kona,Hawaii(TMK:3-7-3-10:33. Kilo Aina.Prepared for
Wes Thomas&Associates, Inc.
Telea,L.,and M.Rosendahl
1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa
4, North Kona, Island of Hawaii (TMK: 3-7-3-05:86). PHRI Report 379. Prepared for Dr.
Ernest Sakamoto
Thompson,L.and S.Goodfellow
1992 Archaeological Mitigation Program, Kona Palisades Development Parcel, Phase II-
Archaeological Data Recovery, Land of Kalaoa 4, North Kona, District, Island of Hawaii
(TMK:3-7-3-05:86).PHRI Report 1094031792.Prepared for Ken World,Inc.
Waihona'Aina Corporation
2000 The Mahele Database,Waihona.com
Walker,A.,and A.Haun
1987 Archaeological Reconnaissance Survey, Kona Palisades Subdivision Parcel, Land of Kalaoa
4,North Kona District, Island of Hawaii (TMK: 3-7-3-05:87). PHRI Report 346. Prepared
for Gallup&Van Pernis,Kailua-Kona.
1988 Limited Archaeological Data Recovery, Kona Palisades Subdivision Parcel, Land of Kalaoa
4,North Kona District,Island of Hawaii(TMK:3-7-3-05:87).PI-WI Report 452.Prepared for
Gallup&Van Pernis,Kailua-Kona.
Walker,A.,and P.Rosendahl
1989 Archaeological Inventory Survey, Pu'uhonua Subdivision Development Parcel, Land of
Kalaoa 5,North Kona District, Island of Hawaii(TMK:3-7-3-10:por 27).PHRI Report 490.
Prepared for Haseko(Hawaii),Inc.
1990a Archaeological Inventory Survey, Phase I Site Identification, Oorna 2 Water System Devel-
opment Project Area(YMK:7-3-09:5). PHRI Report 802. Prepared for Nansay Hawaii,Inc.
1990b Archaeological Inventory Survey, Kona Palisades Development Parcel, Land of Kalaoa 4th,
North Kona District,island of Hawaii (TMK: 3-7-3-05:86). PHRI Report 806. Prepared for
Ken World,Inc.
Walsh,P.,and H. Hammatt
1995 An Archaeological Inventory Survey of the New Queen Kaahumanu Highway Right of Way
Between Palani Road and Keahole Airport,Within the Ahupua'a of Keahuolu,Kealakehe,Ho-
nokohau,Kaloko, Kohanaiki,0'oma 2,Kalaoa-O'oma,and Kalaoa 104,North Kona District,
Hawaii Island.Prepared by Cultural Surveys Hawaii for R.M. Towill.
51
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: May 15, 2017
Memorandum
TO : Michael Yee, Planning Director
Planning Department
FROM : Ben Ishii, Division Chief,/h
Engineering DivisionOA-
tL_
SUBJECT : Change of Zone Application (REZ 17-000219)
Applicant: Martin M. Ohan Trust
Request: A-5a to FA-1 a
Location: O'oma 1st, N. Kona HI
TMK: 3 / 7-3-005:112
We reviewed the subject application and our comments are as follows:
DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
2. The applicant shall be informed that if they include drywells in the subject
development, an Underground Injection Control (UIC) permit may be required from
the Department of Health, State of Hawaii.
3. A drainage study shall be prepared, and the recommended drainage system shall
be constructed meeting with the approval of DPW.
EARTHWORK
1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control, of the Hawaii County Code.
2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii
Administrative Rules, Department of Health, which requires an NPDES permit for
certain construction activity.
SCANNED
Hawaii County is an Equal Opportunity Provider and Employer
AY f 5 7617
Panning Dept.
Exhibit_
Memorandum to PD
May 15, 2017
Page 2 of 2
ROADWAYS
We concur with the applicant's proposal to construct a County dedicable street
connection between Lalei Street and Hane Street, both existing County streets. The
proposal is in conformance with the Kona Community Development Plan Policy Tran
2.1 Connectivity Standards adopted by Council Ordinance 08-131.
The street alignment and lot line configuration shown on Figure 3 does not appear to
afford adequate driveway approach sight distance for the mauka lots (inside the curve).
Alternatives to mitigate non-conforming sight distance with the proposed alignment are
reconfiguring the lot lines, maximizing sight distance in the selection of the approach
locations, implementing access controls with no-vehicular-access easements, sight
distance easements over the adjacent lots with maintenance required or allowed (or
both) by deed covenant and traffic calming measures. Providing flexibility in minimum
lot size would allow for a flatter alignment. Incorporating a portion of the government
road reserve may also help/be necessary to tie in tangent to existing Hane Street.
1. The connection of Lalei Street and Hane streets, both minor County streets, shall
be constructed as proposed to County dedicable standards according to
guidelines incorporated in the AASHTO Policy on Geometric Design of Highways
and Streets for an appropriate design speed. Install street lights, signs and
markings meeting with the approval of the DPW, Traffic Division.
2. All driveway connections to a County road shall conform to Chapter 22, Streets
and Sidewalks, of the Hawaii County Code. Driveways shall conform to County
standards details R-37 and R-38.
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
Hawaii County is an Equal Opportunity Provider and Employer
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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
��a'L� A` 345 KEKGANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
HAW P`•;,,,
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
April 26, 2017
TO: Mr. Michael Yee, Director r
Planning Department
c_
Z 7 ry
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Application (REZ 17-000219) '-.�
Applicant-Martin M. Ohan Trust t
Request: A-5a to FA-la >m
Tax Map Key 7-3-005:112
We have reviewed the subject application and have the following comments and conditions.
Water can be made available from an existing 6-inch waterline within Lalei Street which crosses
through the subject parcel in accordance with the Department's existing water availability conditions,
which are subject to change without notice. Each unit of water is equal to an average of 400 gallons
per day which is suitable for only one(1) single-family dwelling.
Please be informed that the subject parcel is currently served by an existing meter(Account No.
935-80740). The Department requests that the plat map be revised to show the existing meter with the
meter number. The applicant will be required to designate, in writing, which lot within the proposed
subdivision will be assigned the existing service, prior to recommending final subdivision approval.
Should the existing meter location not front the parcel that it will serve,the existing meter would need
to be relocated to comply with the Department's Rules and Regulations.
Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being
forwarded to the applicant, a water commitment may be issued. Based on the four(4) additional units
requested in the proposed 5-lot development, the required water commitment deposit is $600.00.
Remittance by the applicant of the $600.00 is requested as soon as possible so that a water commitment
may be formally issued. The commitment will be in writing with specific conditions and effective
dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In
other words,unless a water commitment is officially effected, water availability is subject to change
without notice, depending on the water situation.
For your information, final subdivision will be subject to the following conditions:
111265
Planning Dept. • • • Water, Our�tost precious 1�source. . . Ka tiUaiA Kdne. . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Exhibit
Mr.Michael Yee,Director
Page 2
April 26,2017
1. Construct necessary water system improvements,which shall include,but not be limited to the
following:
a. cut and plug the existing service lateral to the 5/8-inch meter currently serving the
property,
b. installation of service laterals that will accommodate a 5/8-inch meter to front each lot, •
c. installation of a fire hydrant within 300 feet of each lot, and
d. subject to other agencies' requirements to construct improvements within the road right-
of-way fronting the property affected by the proposed development,the applicant shall
be responsible for the relocation and adjustment of the Department's affected water
system facilities, should they be necessary.
Submit construction plans,prepared by a professional engineer licensed in the State of Hawai`i,
for review and approval.
2. Remit the prevailing facilities charge balance,which is subject to change, as shown below:
FACILITIES CHARGE (FC):
One(1)existing service paid
Four(4) additional units at$5,500.00/unit 22,000.00
Total FC $22,000.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed,these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge,no
refunds are applicable.
3. Submit the appropriate documents,properly prepared and executed,to convey the subdivision
water system improvements and necessary easements to the Water Board of the County of
Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall
stamp and certify the metes and bounds description'within the conveyance documents.
However,prior to water meter services being granted to the development,or any lots within,
the conveyance documents shall be accepted by the Water Board.
Mr.Michael Yee, Director
Page 3
April 26, 2017
contact Mr.Troy Should there be any questions,please Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
101/44'4Keith K. Okamoto,P.E.
Manager-Chief Engineer
TS:dfg
copy- Mr. Martin M. Ohan
0" WATen
VT," DEPARTMENT OF WATER SUPPLY •--•COUNTY OF HAWAII
44` 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAI:.96720-
or
HAWp"" TELEPHONE (808) 961-8050 • FAX (808)-961 8657 ••
December 27,2018 - -
,.3 -
Mr. Martin M. Ohan '
76-6223A Mikilana Street • _ • • - m '
Kailua-Kona,HI 96740 _. _
Dear Mr.Ohan: C.
Subject: Water Commitment Deposit Payment =`-•' ,.a
Change of Zone Application(REZ 17-000219)
(r
Applicant—Martin M.Ohan Trust z co
Request: A-5a to FA-la
Tax Map Key 7-3-005:112
This is to acknowledge receipt of the required$300.00 water commitment deposit for the subject application. We
are enclosing Receipt No.292381 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations,a water commitment for the proposed subdivision
in the amount of six(6)additional units of water with an average daily usage of 2,400 gallons,is hereby granted
until May 31,2020,with the following conditions:
1. Construct necessary water system improvements,which shall include,but not be limited to:
a. cut and plug the existing service lateral to the 5/8-inch meter currently serving the property,
b. installation of service laterals that will accommodate a 5/8-inch meter to front each lot,
c. installation of a fire hydrant within 300 feet of each lot,and
d. subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible
for the relocation and adjustment of the Department's affected water system facilities,should
they be necessary.
Submit construction plans,prepared by a professional engineer licensed in the State of Hawai`i,for
review and approval.
2. Remit the prevailing facilities charge balance,which is subject to change,as shown below:
FACILITIES CHARGE(FC):
One(1)existing service paid
Six(6)additional units(a1,$5,500.00/unit. 33,000.00
Total FC $33,000.00
. . . Water, Our Most Precious Resource. . . WaiA ane. . . 2 3 8 9
The Department of Water Supply is an Equal Opportunity provider and employer. 12
Planning Dept.
Exhibit. . Jt'
Mr.Martin M. Ohan
Page 2
December 27,2018
WATER COMMITMENT DEPOSIT CREDIT(WCD):
Six(6)additional units @$150.00/unit 900.00
Facilities Charge Balance $32,100.00
This is due and payable upon completion of the installation of the required water system improvements
and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities requirement for
the development. Note that the amount of water commitment deposit may exceed the prevailing facilities
charge amount;for example,when requests for time extensions continue and are approved. Until the
development is finally completed,these are separate and unrelated items. In the event that water
commitment deposits exceed the facilities charge,no refunds are applicable.
3. Submit the appropriate documents,properly prepared and executed,to convey the subdivision water
system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and
- bounds description within the conveyance documents. However,prior to water meter services being
granted to the development,or any lots within,the conveyance documents shall be accepted by the Water
Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations.
Noncompliance may be cause for voiding this water commitment, at which time availability will be
subject to change in accordance with prevailing water system conditions,policies,and Rules and
Regulations.
Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at
961-8070, extension 255.
Sincerely yours,
maim4e)
Keith K. Okamoto,P.E.
Manager-Chief Engineer
TS:dfg
Enc.
•
copy—planning Department
■
7' •;`i :J
•
__.....,,,, , . .• .ice... 1
Harry Kim I el?': ?o ',, Darren J:Rosario
Mayor : r .+
. c Fire Chief• . {
9,i 1: :•--' Renwick J.Victorino? ,,
'i +i� r...ess Deputy Fire Carl '-rr
Qountp of athat`t•
_..-_
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HAWAII FIRE DEPARTMENT .•
25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 '
'v
(808)932-2900•Fax(808)932-2928 , _ _: •r;:; .'1'
May 3,2017 ) -.,.�
-mac
O,;_:
TO: MICHAEL YEE,PLANNING DIRECTOR `'- l ``-0
j
FROM: DARREN J.ROSARIO,FIRE CHIEF `= c�
SUBJECT: Change of Zone Application(REZ 17-000219) 1y
Applicant: Martin M. Ohana Trust
Request: A-5a to FA-la
Tax Map Key:7-3-005:011
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,
more than one type of appliance, or special systems suitable for the protection of the hazard
involved.
•
18.1.1 Plans. .
18.1.1.1 Fire Apparatus Access.Plans for fire apparatus access roads shall be submitted to the
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 .2`
submitted to the fire department for review and approval prior to construction. JCa q�V
VREDSO
Planning Dept. Iv.-.'�
Hawaii County is an Equal Opportunity Provider and Employer. 111372
♦
Exhibit,
Michael Yee
May 3,2017
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
May 3,2017
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 outsidethat 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
May 3,2017
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 maximumgradient of a Fire department artment access road shall not exceed 12
P
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
May 3,2017
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 18.2.4.2.1.4. 1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.2.1 The AHJ 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.
� I
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
May 3,2017
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
May 3,2017
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.
greater s, 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 2000gpm per the Department of Water
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 used as a means_of water supply for
firefighting,such systems,shall_meet the following requirements:
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 galvan»ed steel.
11111.
Michael Yee
May 3,2017
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.
� y
Michael Yee
May 3,2017
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 requirementsipleasecontact the Fire Prevention
Bureau at(808) 323-4760.
DARREN J.ROSARIO
Fire Chief
CB:ds
DAVID VICE ,� �E.o•••+ryA � SUZANNE D.CASE
GOVERNOR OF HAWAII '(yu.19,59,.p.,�y� CRAIRPERSON
I h _`y°`.K F„'`s''.c. t BOARD OF LAND AND NATURAL RESOURCES
�� +� COMMISSION ON%VAT ER RESOURCE
I R' 1;'i, FI�uN.kGEM ENT
}
Gand artd yd ( 3Y ;I F j
STATE OF HAWAII
Stale DEPARTMENT OF LAND AND NATURAL RESOURCES
�
LAND DIVISION
POST OFFICE BOX 621
ITONOLI1(11.HAWAII 96509
May 17, 2017
County of Hawaii
Planning Department
Attention: Mr. Christian Kay via email: c:av,' co.11awai.i.hi.us s'
101 Paualli Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. K.ay:
SUBJECT: Change of Zone Application(REZ 17-0002-19); Request: A-5a to FA-la
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,
Russell Y.Tsuji
Land Administrator
Enclosure(s)
cc: Central Files
•
Planning Dept.
Exhibi
• F
_
/6 O� N'
DAVID Y.ICE 4 ...9.-.E. '''...:•#;:\
9 y,;• SUZANNE D.CASE
GOVERNOROF HAWAII J,I:"',I%SS •y#\ CHAIRPERSON
Oil ,..?. •- \i•• BOARD OF LAND AND NATURAL RESOURCES 1
COS@I15siON ON1VATER RESOURCE..I v- 4 j hi.LY,\GEiIENT
•o03and and 45 • 'i it f��le
il 'Wit:5AI -..-N3:ii:er;:0-.7' -
g
:Iii STATE OF HAWAII . E
state oftia4' DEPARTMENT OF LAND AND NATURAL RESOURCES 3
LAND DIVISIONh-'
POST OFFICE BOX 621 ::::. 7:- j -2:2
HONOI.IT1.II.HAWAII 9009 - - a
i y-
April 24,2017 c-
MEtl4ORANDUIYI ;.° 70
':> rtt7`'
TT9- DLNR Agencies: a
Div. of Aquatic Resources
_D.iv. of Boating&Ocean Recreation
Engixieerin 'I31visiari ca
_Div. of Forestry&Wildlife p
_Div. of State Parks z
_ _Commission on Water Resource Management
Office of Conservation& Coastal Lands
X Land Division—Hawaii District
X Hi . 'c Preservation
r-'' N1.: ` 'o Russell, . Tsuji, Land Administr or
• SUBJECT: Change of Zone Application(REZ 17-000219); Request: A-5a to FA-la
LOCATION: Ooma 1St, N. Kona,Island of Hawaii; TMK: (3) 7-3-005:112 •
APPLICANT: Martin M. Ohan Trust •
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 May 15, 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.
I
Attachments
• ( ) We have no objections.
( ) We have no comments.
(X) Comments are-attached)
1 j /
Signed: (_;:' _;,/
Carty_ Chang, Chief Engineer
Print Name: _
Date: /' I/ .. 7
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
Ref: Change of Zone Application (REZ 17-000219);Request: A-5a to FA-la
COMMENTS
The rules and regulations of the National Flood Insurance Program(NFIP),Title '('i 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: „;?,_44,
• CART:*SA:HANG,CHIEF ENGINEER
Date: ,
it
DAM Y.IGE .0 E.,° •.:,!4 w; SUZANNE D.0 LSE
COVERNOR.CE''HAWAII �'S�+''•a. °58,e.,9��� CELitRPERON
//EJf 1a'' b• t BOARD OF LAND MO)NATURAL RESOURCES
t"
otI I ji ?
COMMISSION ON WATER RESOURCE
ESOURCE•
4.
Ardsndryal -rOi MANAGEMENT
s ar_11te
ta. t
oV `i;,n AdD ESN✓f 6
STATE OF HAWAII
Srateortiviz" DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION •
•
POST OFFICE BOX Fit(
HONOT,I JI AL ITAIWA f I 9680
April 24,2017
MEMORANDUM •
TO: DIGNR Agencies:
Div. of Aquatic Resources 1 ,`
Div. of Boating&Ocean Recreation
X Engineering Division
^Div. of Forestry&Wildlife
Div. of State Parks
Commission on Water Resource Management.
Office of Conservation & Coastal Lands
X Laird Division Hawaii District'
X I- is Preservation
FROM: Russell . . Tsuji,Land Administr t?ar
SUBJECT: Change of Zone Application(REZ 17-000219); :Request: A-5a to FA-la
LOCATION: Ooma ISC,N. Kona, Island of Hawaii; 'FMK: (3) 7-3-005:112
APPLICANT: Martin M. Ohan Trust
Transmitted for your review and comment is information on the above-referenced
application. We would appreciate your comments on this application. Please submit any cornrt`tei is
b ay15,2017
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.
( =-1 We have no comments.
( ) Comments are attached.
Signed:
Print Name: ;:..Fo,, '1)e; 1 `e';'
Date: ss:/2.70-11-
cc:
,,, ':- /cc: Central Files
DAVID Y.IGEy,& q.,�' VIRGINIA PRESSLER,M.D.GOVERNOR OF HAWAH ..a,9 s fl``, t DIRECTOR OF HEALTH
1
(P.'44100) di
L.,
E:u.HAWAII
STATE OF
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
mow,
MEMORANDUM _-:
--c
DATE: May 15,2017 -"
TO: Mr. Michael Yee
Planning Director. County of Hawaii _ -.
FROM: Eric Honda A District Environmental Health Program Chief
•
SUBJECT: Change of Zone Application(REZ-17-000219)
Applicant: Martin M. Ohara Trust
Request: A-5a to FA-la
'FMK: 7-3-005:112
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.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped ped with mufflers.
I Pl
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:i%hawaii.govihealthienvironrental/env-planni.ng/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
Manning Dept. 1`�
-crO
Exhibit 8
j =,y� Michael Yee
° ZVIay 15, 2017 •
Page 2 of 2
• 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.
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
Telephone:(BOB)969-1522•Cell:(808)989-0640 •Subdivision•L`and j]se Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
J
June 6,2017 • 1 j
%r
Mr.Michael Yee,Director •
Planning Department
COUNTY OF HAWAT I '---:7 .
J .y
101 Pauahi Street �,y ��
Hilo,HI 96720 C z
z•
7 ro
_
Dear Mr.Yee: �
C 1 •=J
Subject: Rezoning Application (REZ 17-000219) =-o -
Martin M.Ohan Trust
TMK: 7-3-005: 112 >z
Thank you for providing additional agency comments regarding the subject matter. In
response to these comments,we provide the following:
a. The Department of Public Works-Engineering required that all development
generated water be disposed of on-site and not directed to adjoining properties. This
will be adhered to and specifically addressed in the drainage plan required as part of
the subdivision review and approval process. Prior to and/or during construction of
the project,the requirements of the grading ordinance and any applicable NPDES
requirement will be addressed and complied with.
The agency also noted that the project's intent to implement transportation
connectivity through the construction of the road and its subsequent dedication to the
County is consistent with the objectives of the Kona Community Development Plan.
Further,the revised layout prepared by the agency also appears to better address sight
distance issues than the proposed one. The applicant will review the proposed layout
with his engineer and surveyor and make adjustments,if deemed prudent, prior to
submittal of the subdivision application.
b. The Water Department confirmed that water is available and that a water
commitment deposit should be made. That commitment fee has already been
tendered to the Department. Further, all required lateral and meter construction plans
will be prepared and submitted to the DWS for its review and approval in conjunction
with the subdivision process. Subsequent to their completion,they will be dedicated
to the DWS per their conveyance and agreement process_
c. Relative to the State Department of Health's comments, an individual wastewater
conforms to the required setback will be installed in conjunction with the
system that
y �1
? construction of a dwelling on the proposed lots. In the event a NPDES permit is
required to address drainage issues(which appear unlikely at this point), said permit
_ _ _F,will be applied for. Further,noise and dust measures will be adhered to by the
contractor during the construction phase of this subdivision process.
Nanning Dept. ��Z��1
9
Exhibit
I
Mr.Michael Yee,Director
June 6, 2017 '
Page 2
d. The Department of Environmental Management had no comments regarding solid
_ waste and wastewater, Likewise, the Police Department had no comments or
objections to the request.
e. The requirements of the Fire Department will be coordinated with the Department of
Water Supply in term$of water pressure,fire hydrants, and the like. Generally,the
DWS rules address appropriate fire fighting requirements in conjunction with the
subdivision process. construction plans to meet with their requirements shall be
prepared and implem nted prior to receipt of final subdivision approval.
f. Finally,the State Department of Land and Natural Resources—Land Division had no
comments or objections to the request. It suggested that the site's FIRM designation
be researched. That w .s done and as noted in the application,the site is designated
Zone"X". II
We trust that the above aaequately responded to the comments. If not or if there are
further questions, please let me know. Thank you very much.
incerely,
' SIDNEY M. VFUKE`
Planning Consultant
Copy—Mr.Marty Ohan via email
I i
ROhanTrustREZ.crk/mjj 1.9.19
COUNTY OF HAWAI'I PLANNING DEPARTMENT
RECOMMENDATION
MARTIN M. OHAN TRUST
CHANGE OF ZONE APPLICATION (REZ 17-000219)
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-1 acre (FA-la) for
approximately 5.966 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-la for 5.966 acres
of land to subdivide the property into five (5) 1+ -acre sized parcels. The applicant plans
to extend Lalei Place through the subject property and connect to Hane Street. The
applicant intends to construct the extension to County dedicable standards and dedicate it
intends to keep one (1) or two (2) lots for family purposes and sell the balance to help
address the required infrastructure costs.
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-1a) zoned district will conform to, among others, the following
goals, policies and standards of the Land Use and Economic General Plan Elements,
the General Plan LUPAG Map, and the Kona Community Development Plan. 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
-1-
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. 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. A change of zone from A-5a to FA-la to allow for smaller lot sizes would be
consistent with this low-density urban designation.
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. Soils within the
property are identified as Punalu`u Extremely Rocky Peat, 6 to 20 percent slopes (rPYD).
The Land Study Bureau's Detailed Land Classification System identifies soils of the
property as "D" or"Poor" soil for agricultural productivity. Lastly, soils in within the
subject property are identified as "Unclassified"by the ALISH System. The site has not
been used for intensive agriculture recently as it has been used more for limited cattle
grazing given the less than optimal soil conditions of the site. That said, given the
proposed lot sizes, the potential for small-scale orchard and/or ornamental farming
activity exists for the newly created lots. Additionally, a condition limiting the number of
dwellings on the lot to one (1) will be added to this ordinance, which will help preserve
land area for agricultural purposes as opposed to additional residential uses.
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.
-2-
■ 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.
The subject property falls within the Kona CDP "Kona Urban Area",but is not
within a designated Transit Oriented Development (TOD) zone. In addition, the subject
parcel is situated within Concurrency Zone"D" on the Kona CDP Official Concurrency
Map. Kona CDP Policy TRAN-6.1 indicates that all roadways in the Kona Urban Area
are"critical road areas" to be built concurrent with the occupancy of units as defined in
the Zoning Code `Concurrency Requirements' section. Rezonings within the Kona Urban
Area shall comply with the Official Concurrency Map, which identifies the road
segments to be constructed concurrent with occupancy of units as the minimum"area
mitigation", as defined'in HCC 25-2-46 (Zoning Code).
Despite the preceding, which has delayed this proposed Change of Zone
application since 2017, the Planning Director anticipates near-term amendments to,
amongst others, the concurrency section of the Kona CDP, which would support this
proposed rezone. The proposed CDP amendment would require a landowner applying for
rezoning to commit any right-of-way or improvements of proposed roadways shown on
the Official Transportation Map in a manner that is proportionate to the project's impacts
as determined by a traffic study..Concurrency Zone "D" contains one proposed roadway,
the extension of Holoholo Street-Kealaka`a Street which is located about 3,000 feet to the
west of the subject property. Additionally, the proposed 5-lot subdivision will generate
-3-
about 5 peak-hour trips per day which is well under the 50 peak-hour trip trigger for
necessitating a traffic study. Thus, the proposed change of zone is not expected to
generate significant traffic impacts which would require additional road improvements
other than those proposed by the applicant for creating better connectivity between the
existing subdivisions, as discussed below.
Policy LU-2.8 of the Kona CDP provides guidance on conventional rezoning in
the Kona Urban Area outside of Transit-Oriented Development (TOD) areas. The CDP
encourages Infill Rezoning, which are defined as rezonings that, "...connect two or more
pre-existing developments. Infill is usually associated with small scale developments of
20 acres or less that have been leapfrogged by the surrounding or adjacent
developments. Infill rezonings should be conditioned to ensure connectivity to the
surrounding developments and, where applicable, to provide mixed-use opportunities to
make the area more walkable. " The project area is located between the pre-existing
Kona Acres Subdivision and the O`oma Plantation Subdivision and as discussed below,
the applicant will construct the extension of Lalei Place to connect to Hane Street
creating a through connection between the adjacent developments. This connection also
conforms to Policy Tran-2.1, which articulates the Kona CDP road connectivity
standards.
All utilities and services are available to the property. Access to the property
is via Lalei Place, which is a County-owned road that has a 20-foot wide pavement and 4-
foot wide paved shoulders within a 50-foot right-of-way. The applicant is proposing to
construct the extension of Lalei Place fronting its property to County dedicable standards
and dedicate it to the County. The extended road would connect with Hane Street,
making it possible for a loop connection to the Mamalahoa Highway. The Department of
Public Works, Engineering Division, supports the applicant's proposal to construct a
County dedicable street connection between Lalei Place and Hane Street, which are both
existing County streets, siting conformance to the Kona CDP's connectivity standards.
DPW also stated that the proposed street alignment and lot line configuration does not
appear to afford adequate driveway approach sight distance for the mauka lots (inside the
curve). DPW offered mitigation alternatives for the non-conforming sight distance with
-4-
the proposed alignment, including reconfiguring the lot lines (DPW provided a suggested
lot reconfiguration), maximizing sight distance in the selection of the approach locations,
implementing access controls with no-vehicular-access easements, sight distance
easements over the adjacent lots with maintenance required or allowed (or both)by deed
covenant and traffic calming measures. The construction and dedication of the street
connection between Lalei Place and Hane Street to County dedicable standards as well as
complying with DPWsight distance requirements will be added as a condition of this
ordinance.
County water is available from an existing 6-inch waterline within Lalei Place
which crosses through the subject parcel. As there is no municipal sewer system in the
area, wastewater will be disposed of through individual wastewater system(s)meeting
with the State Department of Health. Solid waste will be handled through commercial
haulers or the individual homeowners into authorized landfill sites or transfer stations.
All essential utilities such as telephone, cable, and electrical services are available to the
site. Police, fire and medical services are available nearby in Kona. To limit the
cumulative impact of the proposed subdivision on area infrastructure, a condition of
approval will prohibit a second dwelling and condominium property regime on each lot.
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
Department of Public Works, Engineering Division stated that all development generated
runoff shall be disposed of on-site and shall not be directed toward any adjacent
properties. Additionally, DPW recommended a drainage study be prepared for the
project and that any resulting drainage system that is recommended from the study be
constructed meeting wth the approval of DPW. This will be added as a condtion to this
ordinance.
The request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
-5-
Special Management Area. It is located approximately 3.5 miles from the nearest
shoreline 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 as
the site has been grubbed and cleared in 2003 and 2005 by the applicant and used for
cattle grazing.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH"
and"Ka Pa'akai 0 Ka Aina" decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site:
■ Investigation of valued resources: An archaeological reconnaissance survey was
conducted during March-June 1998 by William J. Bonk. The survey noted that
possible presence of an unmarked burial. Subsequently, a Burial Treatment Plan
was prepared and approved by the Burial Council. This resulted in the remains
being reinterred in the descendants' family plot in North Kohala in November
2000. A copy of the Burial Treatment Plan, dated July 2000, and the court
appointed commissioner's report, dated February 2, 2001 are found in Appendix
A of the application. Subsequently, an Archaeological Inventory Survey(AIS) of
the subject site was performed by Haun and Associates. The report, dated
October 2001, was approved by the State Historic Preservation Division (SHPD)
in a letter, dated May 8, 2002. The report and approval letter are found in
Appendix B of the application.
■ The valued cultural,historical, and natural resources found in the rezoning area.
As mentioned above, the remains found in the unmarked burial on the property
were reinterred in the descendants' family plot in North Kohala in November
2000. The 2001 AIS identified thirteen (13) sites consisting of forty six (46)
-6-
features. The site types included habitation, agriculture, ranching and a burial.
Of the thirteen (13) sites, twelve (12) were determined to be significant solely for
their information content. The remaining site was the burial which had been
relocated as noted above. Thus, per the approved AIS, it does not appear that any
archaeological resources would be affected by this proposed development.
■ Possible adverse effect or impairment of valued resources: Native plants may be
destroyed by ground alteration. There is no evidence that the flora in the area are
particularly desired or used for cultural practices.
-7-
• Feasible actions to protect native Hawaiian rights: As stated by the applicants, no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights; therefore, no action is necessary to protect these
rights. However, 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 1-acre (FA-la) 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 25-8-3 (North Kona Zone Map) is
provided for your favorable consideration. Please note the proposed conditions of approval are
attached to the draft bill.
-8-
OFH d1q.�
COUNTY OF HAWAII NA‘ -'5%.:0 . STATE OF HAWAII
7)F•a FM'•f
BILL NO.
ORDINANCE NO.
CP[Q���i► � :
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA 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—ONE ACRE (FA-1a) AT `O`OMA,
1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:112.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (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 `O`oma 1st, North
Kona, Hawai`i, shall be Family Agricultural— 1 Acre (FA-1a):
Beginning at the northeasterly corner of this parcel of land, being the
northwesterly corner of Grant 3 821 to Kaulainamoku, along the southerly side of Lot 4,
Kona Acres Subdivision, Unit I, Increment B, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "MOANUTAHEA" being 8,717.98
feet south and 11,588.35 feet west, thence running by azimuths measured clockwise from
true South:
1. 358° 14' 00" 634.00 feet along the westerly side of Grant
3821 to the northerly side of road
(20.00 foot wide);
2. 94° 20' 00" 125.00 feet along the northerly side of road
(20.00 feet wide) to the easterly side
of Alanui Kauila;
-1-
3. 146° 26' 00" 152.00 feet along the easterly side of the
Alanui Kauila;
4. 149° 30' 00" 104.00 feet along the same;
5. 14T 24' 00" 70.00 feet along the same;
6. 142° 31' 00" 97.00 feet along the same;
7. 124° 36' 00" 218.00 feet along the same;
8. 126° 50' 00" 131.00 feet along the same;
9. 134° 00' 00" 47.00 feet along the same;
10. 137° 10' 00" 178.65 feet along the easterly side of Alanui
Kauila to the southerly side of Kona
Acres Subdivision, Unit I, Increment
A;
11. 276° 52' 57" 783.87 feet along the southerly side of Kona
Acres Subdivision, Unit I, Increment
A and Unit I, Increment B to the
point of beginning and containing an
area of 5.966 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
-2-
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-3-
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"MOANUTAHEA"
A-5a AGRICULTURAL-FIVE ACRES(A-5a)TO
FAMILY AGRICULTURAL-ONE ACRE(FA-1a)
5.966 ACRES
anrsNIul.7 A-5a
FA-2a FA-2a
FA-2a FA-2a
FA-2a
FA-2a FA-2a
KUKUNA ST
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FA-2a Z
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FA-2a N
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Ala AlMeell
Feet
0 250 500 1,000 1,500 2,000
1 AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA 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 l ,
FAMILY AGRICULTURAL - ONE ACRE (FA-1a)
AT `O`OMA 1ST, NORTH KONA, HAWAII
MAP PREPARED BY:
TMK:(3)7-3-005:112 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:April 12,2017
EXHIBIT "A" Ohan
Map: 1390
COHANTRUSTREZ.crk7.5.17
MARTIN M. OHAN TRUST
CHANGE OF ZONE APPLICATION (REZ 17-000219)
A. The applicant, 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 is responsible for maintaining valid water commitments to support
the proposed use until such time that required water facilities charges are paid in
full in accordance with Rule 5 of the Department of Water Supply's Rules and
Regulations.
D. Prior to issuance of Final Subdivision Approval, the applicant shall construct
necessary water system improvements as required by the Department of Water
Supply.
E. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
F. Should the applicant, successors or assigns develop residential uses, restrictive
covenants in the deeds of all the proposed lots shall give notice that the terms of
the zoning ordinance prohibit the construction of a second dwelling unit and
condominium property regimes on each lot. This restriction may be removed by
amendment of this ordinance by the County Council. The owners of the property
may also impose private covenants restricting the number of dwellings. A copy of
the proposed covenant(s) to be recorded with the State of Hawai`i Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the recorded
document shall be filed with the Planning Department upon its receipt from the
Bureau of Conveyances.
G. The connection of Lalei Street and Hane streets, both minor County streets, shall
be constructed as proposed to County dedicable standards according to guidelines
incorporated in the American Association of State Highway and Transportation
Officials (AASHTO) Policy on Geometric Design of Highways and Streets for an
appropriate design speed and meet the sight distance requirements of DPW,
Engineering Division. The applicant shall install street lights, signs and markings
meeting with the approval of the DPW, Traffic Division.
'H. All driveway connections to a County road shall conform to Chapter 22, Streets,
of the Hawai`i County Code. Driveways shall conform to County Standard
Details R-37 and R-38.
All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study of the project site shall be
prepared by professional civil engineer licensed in the State of Hawai`i for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed in a
manner meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
J. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawai`i
Administrative Rules, Department of Health, which requires an NPDES permit
for certain construction activity.
K. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
L. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces,platforms,
etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes
are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find,protect the find from additional disturbance and
contact the State Historic Preservation Division at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
M. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
-2-
•
become due and payable prior to receipt of Final Subdivision Approval. The fair
share contribution for each newly created lot shall be based on the actual number
of residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of$14,329.89 per single family residential unit. The total amount
shall be determined with the actual number of units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
single family residential unit shall be allocated as follows:
1. $6,910.13 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $333.35 per single family residential unit to the County to support police
facilities;
3. $658.40 per single family residential unit to the County to support fire
facilities;
4. $288.25 per single family residential unit to the County to support solid
waste facilities; and
5. $6,139.77 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
-3-
included herein shall be credited towards the requirements of the Unified Impact
Fees Ordinance.
O. Comply with all applicable County, State and Federal Laws, rules, regulations and
requirements.
P. 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.
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.
-4-
MARTIN M . OHAN TRUST
CHANGE OF ZONE NO . 17-000219
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LOCATION MAP
THE APPLICANT IS REQUESTING:
■ A CHANGE OF ZONE FROM AN AGRICULTURAL-5 ACRE
(A-5A) TO A FAMILY AGRICULTURAL- 1 ACRE ( FA- 1A) ZONING r;)-
DISTRICT FOR APPROXIMATELY 5.966 ACRES OF LAND.
• THE APPLICANT INTENDS TO SUBDIVIDE THE PROPERTY INTO C'1
FIVE (5) , 1 + ACRE SIZED PARCELS, OF WHICH THE APPLICANT cz
INTENDS TO KEEP ONE OR TWO LOTS FOR FAMILY PURPOSES
ANDELL THE BALANCE
S TO HELP ADDRESS REQUIRED
INFRASTRUCTURE COSTS . Q
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• THE APPLICANT PLANS TO EXTEND LALEI PLACE THROUGH THE E
SUBJECT PROPERTY AND CONNECT TO HANE STREET. THIS a_
EXTENSION WILL BE CONSTRUCTED TO COUNTY DEDICABLE
STANDARDS AND DEDICATE IT TO THE COUNTY.
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VIEW OF LALEI PLACE LOOKING SOUTH
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VIEW OF HANE STREET LOOKING NORTH
• THE APPLICANT IS REQUESTING AN AMENDMENT TO CONDITION M TO CREDIT THE COST OF F-
PROVIDING AND CONSTRUCTING ROADWAY IMPROVEMENTS TO COUNTY DEDICABLE STANDARDS Cl)
AS HE BELIEVES THAT CONNECTING LALEI PLACE AND HANE STREET PROVIDES A REGIONAL BENEFIT
BY CREATING A NEW COLLECTOR ROAD THAT WOULD INCREASE CIRCULATION.
• THE DIRECTOR DOES NOT SUPPORT THIS REQUEST FOR THE FOLLOWING REASONS: LU
• IN MEMORANDUM NO. 02-33, THEN DIRECTOR YUEN ADVISED WHEN TO CREDIT THE COST OF
ROADWAY IMPROVEMENTS 'IN-LIEU' OF FAIR SHARE PAYMENT. ~
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• FAIR SHARE IS MEANT TO CONTRIBUTE TO THE REGIONAL IMPACTS OF A DEVELOPMENT. TO CW
ALLOW A CREDIT FOR INFRASTRUCTURE THAT MUST BE BUILT TO MAKE THE SUBDIVISION WORK
DOES NOT SERVE THAT REGIONAL BENEFIT PURPOSE. THEREFORE ROADS THAT ARE NECESSARY 0
FOR THE SUBDIVISION ANYWAY WILL NOT BE CREDITED TOWARD FAIR SHARE COSTS. Z
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• IMPROVEMENTS THAT HAVE GENERALLY BEEN CREDITED AGAINST FAIR SHARE PAYMENTS IN THE
PAST HAVE BEEN MORE EXTENSIVE, OFF-SITE REGIONAL ROADWAY IMPROVEMENTS/LAND
DEDICATION.
• CREDIT CAN BE APPLIED TO THE EXTRA COST IF THE SUBDIVIDER BUILDS A ROAD TO A HIGHER Z
STANDARD BECAUSE THE COUNTY REQUESTED IT TO BE PART OF A REGIONAL ROAD NETWORK. Q
•
THE APPLICANT WOULD HAVE BEEN REQUIRED TO BUILD THE ROAD TO DEDICABLE STANDARDS
AND CONNECT LALEI PL. & HANE ST. THROUGH THE SUBDIVISION PROCESS ANYWAY. LI
• WITH THE CONDITION AS WRITTEN, THE APPLICANT HAS THE OPPORTUNITY TO ASK FOR A
0
CREDIT AT A LATER DATE. THE .DIRECTOR IS NOT COMFORTABLE REQUIRING THE CREDIT AS A
CONDITION OF THIS ORDINANCE.
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PLANNING DIRECTOR 'S RECOMMENDATION a
FORWARD A FAVORABLE RECOMMENDATION TO 8
THE COUNTY COUNCIL FOR CHANGE OF ZONE ce
APPLICATION NO . 17-000219
O
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D
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
JANUARY 17, 2019
A regularly advertised hearing on the application of MARTIN M. OHAN TRUST
(REZ 17-000219)was called to order at 9:40 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, Scott Church,Perry Kealoha, Sonny Shimaoka
and Michael Vitousek
ABSENT AND EXCUSED: Nancy Carr Smith and Faye Yates
ALSO PRESENT: Malia Hall, Esq. (Counsel for the Commission),Michael Yee (Planning
Director),Jeff Darrow(Planning Program Manager),,ChristiariKay(Planner),Alex Roy
(Planner) and Noriko Sauer(Commission Secretary)
And approximately eleven people from the public in attendance.
APPLICANT: MARTINM OHAN TRUST (REZ 17-000219)''
Application for a Change of Zone from an Agricultural-5:acre (A 5a)'to a Family Agricultural-1 acre
(FA-1a) zoning district for approximately 5.966,acres of land.The parcel is situated south of
Hi`olani Street, at the end.of Lalei.Place, O`orna1st,North Kona, Hawai`i, TMK: (3) 7-3-005:112.
UNGER: Item No. 2, Applicant Martin M..Ohan Trust, REZ 17-000219, application for a
Change of Zone from an Agricultural-5 acre,A;;-5,,a, to a Family Agricultural-1 acre,FA-1a,
zoning district for approximately 5.966 acres of land. The parcel is situated south of Hi`olani
Street at the,end of Lalei Place, `O`omaJst,North Kona, Hawai`i, TMK(3) 7-3-005:Parcel 112.
Staff,your presentation, please.,
KAY: Yes,thank you, Mr. Chair.",I'd like to turn your attention to the screen. As the Chair
stated, this is a Change of Zone.application. The subject property outlined here in red is located
in the North Kona District,of Hawai`i Island in the `O`oma area. For reference we've got
Mamalahoa Highway running generally north-south through the right side of the slide here, with
Ka`iminani Drive running generally east-west. And, again, we've got the Kona Acres
Subdivision in this area and the `O`oma Plantation Subdivision here to the south, so that the
subject parcel is in between those two subdivisions.
The applicant is requesting a Change of Zone from an Agricultural-5 acre zoning designation to
a Family Agricultural-1 acre zoning district for approximately 5.966 acres of land. The applicant
intends to subdivide the property into five one-plus acre sized parcels, of which the applicant
intends to keep one or two lots for family purposes and sell the balance to help address required
infrastructure costs. The applicant plans to extend Lalei Place through the subject property and
1
DRAFT
connect to Hane Street on the south side. This extension will be constructed to County dedicable
standards and dedicated to the County.
The County zoning for the subject parcel is currently Agricultural-5 acres as indicated in the
light green color. Again, to the north we've got some Agricultural-1 acre zoning with the dark
green and to the south the 'O'oma Plantation Subdivision is Family Agricultural-2 acres zoning.
The State Land Use designation for the subject parcel and much of the surrounding area is
Agricultural.
And the General Plan Land Use Pattern Allocation Guide Map designates the subject parcel and
surrounding area as Low Density Urban.
Here is the Kona CDP Map for the area. The subject:parcel, again, outlined here in red is located
within the Kona Urban Area but not within the Transit Oriented Development Node, and is also
located within Concurrency Zone"D,"which is indicated in this kind of light brown color. The
red line here is showing the extent of the Kona Urban Area.
Here is an aerial photograph of the subject parcel. Again, to:the north of the subject parcel is the
Kona Acre Subdivision and to the south the `O`oma Plantation Subdivision. The'parcel is
currently vacant of any structures or improvements, and just'vegetated at this point. Again—I'll
show you on this proposed site plan but-there is a proposal to connect Lalei Place with Hane
Street through the subject parcel.
�4 x
And here is the applicant's proposed site plan. Again, forreference we've got Lalei Place here
to the north, Hane Street is generally here to the south. This is showing a proposed five-lot
subdivision, again, with the roadway connection through the subject parcel.
Here are some site photos of the property: We,this application was submitted in 2017, so these
are 2017 photos. I did speak with the,applicant and he said not much has changed on the
property, so,this is still a decent representation of what the property looks like. Here is photos of
the interior ofthe property. Here is a photo looking mauka and a photo looking more to the
south and makai; There is an about twelve-foot paved path through the property right now, so
that's what you are seeing here And, again,here is just a view of further makai just showing
that it's kind of overgrown and vegetated at this point.
Here is a view of Lalei Place looking south to the subject property, which the boundary is
roughly in this area, and a view from Hane Street looking north where the subject property is
generally in this area. Again, both Lalei Place and Hane Street are County roads, and you can
see with the striping and everything else, and these are the two roads that will be connected
through the subject parcel.
So I wanted to bring your attention to some documents that I passed out to you this morning.
The first two are going to be in relationship to an amendment request to Condition M,which is a
condition relative to fair share payments. So I'll just give you a second—unfortunately, we
didn't have a chance to get this out to you beforehand—so if you want to take a minute to kind of
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look through the request, and I can go over it, and then we can talk about it a little bit more
detail. [Mr. Kay paused to allow the Commissioners to read the documents.]
Okay, sensing that—still need a minute or? Okay, so, essentially, the applicant made a request in
this January 10th email from Sidney Fuke that an amendment to Condition M be made to credit
the cost of providing and constructing roadway improvements to the County dedicable standards,
as the applicant believes that connecting Lalei Place and Hane Street provides a regional benefit
by creating a new collector road that would increase connectivity and circulation in the area. So,
the other thing that the request was is that if we agreed with it,would we go ahead and introduce
it as an amendment request from the Director.
After some discussion—and the second document that you have there is a 2002 Memorandum
No. 02-33, and this is what we call a Planning Director's policy memo, and what this does is
provides us with guidance on different policies and howAo interpret.things. In this case this is
related to how we would credit fair share, credit against fair share`amounts for roadway
improvements. So, I'll get into this a little bit,but based on this memo"and how we've been
applying this since 2002, generally, the Director does not support the request, the amendment
request, for the following reasons—in that memorandum then-Director Yuen advised when to
credit the cost of roadway improvements in lieu of fair'share payment:
The memo goes on to say that fair share is meant to contribute to the regional impacts of a
development. To allow a credit for infrastructure that must be built to make the subdivision
work does not serve that regional benefit purpose. Therefore, roads that are necessary for the
subdivision anyway will not be credited toward fair share costs,
Improvements—just as a matter of information—in the past, improvements that have generally
been credited against fair share payments have been more extensive, off-site regional roadway
improvements or land dedication,and this-is for a larger collector roads that are off-site;
Credit can be applied to the extra cost, if the subdivider builds a road to a higher standard
because the County requested it to be part of a regional road network that's identified either in
the General Plan or CDP or something like that. That's not the case in this situation;
I spoke with our subdivision staff yesterday and found out that in any case, because they are
essentially connecting to existing County roads, the applicant would have been required to build
the road to dedicable standards'and connect both roads through the subdivision process anyway.
So that kind of lends credence.tothe fact that this would have been a requirement to complete the
subdivision anyway. So based on this memo, the request for crediting the improvements would
not apply;
Finally, with the condition as written, the applicant still has the opportunity to ask for a credit at
a later date. But the Director is currently not comfortable requiring the credit as a condition of
this ordinance.
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If, if you, so, I say all this to say you still have the opportunity to consider this request, and you
can, if you so choose, you can add the language that the applicant is requesting. We just wanted
to give you our stance as to why we wouldn't be supporting that language.
So, finally, there are two additional pieces of information that came in. An email from Edward
Konopka that came in on January 15th, and,basically, Mr. Konopka's concern was, again, about
connectivity, requiring connectivity through the property to the subdivision, and that also there
should be a requirement that there should be no gates on this. Again, in speaking with our
subdivision staff,because we are connecting to County roads,we would not allow a gate. So this
will be a through-road in any case whether it's—and it would be required to be built to dedicable
standards—whether or not the applicant or subdivider plans to dedicate them. So, essentially,
they would have to connect anyway,they would have to build if to dedicable standards, and we
would not allow a gate.
And, finally, there was an email chain between Mr`. Sid Fuke and Ms. Ellen Lubrano, and it's just
a back-and-forth. Again, the concern, the most recent concern was aboutimpacts to the
surrounding neighborhoods of additional traffic and then construction noise,during construction
of the subdivision. So Mr.Fuke addressed those concerns in his response. "
With all of that, the Director is recommending to forward a favorable recommendation to the
County Council for Change of Zone Application No. 17-000219. With that, I'd be happy to
answer any questions the Commission may have.
UNGER: Great, thank you. Commissioners, any question's? Can you clarify, is there water
available, is there sewer available, or are those'going to be part:of the construction process?
KAY: There is not sewer available in the area, so there is a condition requiring a wastewater
treatment system meeting the requirementsof the Department of Health, so likely be a septic
tank.
UNGER:; Septic tank, okay.
KAY: Yeah,correct.
UNGER: Okay. There is some discussion on sight distance on the construction of the road. Can
you comment on that?
KAY: So, when we initially forwarded this application to the agencies, Ki Emler was the
engineer at that point here. So he provided as part of his response kind of a drawn-on site plan
that showed some of the issues that he saw with sight distance and everything else, so that will
provide some guidance when they come in for subdivision. And there is a condition in there that
speaks to sight, it needs to meet sight distance requirements as their, constructing the road, the
connector road.
UNGER: Great, thank you.
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KAY: You're welcome.
UNGER: No other questions. Thank you.
KAY: Thank you, sir.
UNGER: Would the applicant like to come up at this time? Please raise your right hand.
OHAN: Good morning.
UNGER: Good morning. Do you swear or affirm to tell the truth before the Planning
Commission?
OHAN: Yes,I do.
UNGER: Please state your name and area of residence.
OHAN: My name is Martin M. Ohan. I live at 76-6223A Mikilana Street, Kaiva-Kona, Hawai`i
96740. N,
UNGER: Thank you. You can proceed,with your testimony.
OHAN: Okay. Thank youvery much, Commissioners,-for the opportunity to speak before you,
and I have enjoyed the opportunity to speak with the Planning staff over the last several years on
this project, and I'm here to answer any questions that you might,have.
This is basically an infill parcel in between two existing subdivisions, and the area is right
around 1,000 square[sic] feet, and we are providing`what I think would be connectivity between
two additional adjoiningsubdivisions,which I think enhances the neighborhood, and, that's
pretty much it. I've owned the property for quite a few years, and because of the concurrency
and other development sort ofissues that have happened the last four, five years, it's been on
hold,but I expect that I'll be moving forward sometime this year.
UNGER: Thank you. Commissioners, any questions?
VITOUSEK: Yes. Just cunous,the second round of human skeletal remains that was identified
on the property in the report,was that, how was that handled?
OHAN: All of that was handled before I purchased the property, so I just received the
documentation from the archaeological study. And I don't know if the Planning Department has
any comments,but all of that was taken care of somewhere around 2000, 2001, and-.
VITOUSEK: Does Planning Department have any idea that, it says in there that there was a set
of skeletal remains that was identified and treated under a burial treatment plan, and then there
was an archaeological inventory survey that happened after that that found more remains,but
there wasn't a clear resolution.
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KAY: Right, so, if you look at the–sorry, this is Appendix B in the background report,this is a
May 8, 2002, letter from State Historic Preservation Division, the subject is"Replacement Pages,
Archaeological Inventory Survey Report–in the third paragraph it speaks to the additional bones
that were found. So it says, "Your letter indicates that the bones that you found at 21,798 appear
to be remnants of the individual that was dis-interred and that you plan to recover these remnants
with the lineal descendant and a mortuary representative. Please contact our Burials Program
manager[Kamanao Mills, 5887-0010] when this is to be done." The other piece of information
that came in–pardon me[looking for the document], sorry about that–it was a February 2001
letter from Mike Matsukawa indicating that, "the burial remains on the parcel were removed
pursuant to the directions/approval of the Burial Council. This bnngs the issue of the
identification and relocation of the remains, as well as Burial Council approval, to an end." But I
see now that this was actually done prior to that second round of bones.
We did send out the application for review; from SHPD we didn't receive any other information.
The assumption is that it was complete,but I can follow up on that and certainly make sure that,
you know, if it hasn't been done,that it's done. u;
VITOUSEK: Great, that will make me a lot more comfortable '
KAY: Understood.
VITOUSEK: —just knowing that it wasresolved and
KAY: Yeah, I'll follow up with that and contact you.,'
VITOUSEK: Thank you
KAY: You're welcome. Andthen, you know,it still has to go through the grading process and
subdivision process and everything else, so, if ithasn't been done,we'll make sure that it's done
prior to those processes.
VITOUSEK Was there SHPD review of the grubbing of the parcel in 2005 whenever that
occurred?
KAY: I don't know the answer to that question. I'll check on that as well.
VITOUSEK: Okay.
UNGER: Thank you. Any more comments from the applicant?
OHAN: Just some updates on the sightline adjustments on the proposed five-lot subdivision.
The property lines were amended to show better sightline and that would be, satisfy the
Depailment of Public Works. And, you mentioned water commitments, so those have been
obtained and paid for, and you should have a letter in your packet regarding that. Other than
that, the grubbing took place prior–I think, in 2001 or 2002–prior to me purchasing the
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property; so I think they allowed the grubbing to take place after the archaeological study was
completed, so, that took place and I think it mentions that somewhere in the study that it was
allowed to go through. Thank you.
UNGER: Great, thank you. No other questions? [None] You may be seated, thank you. At
this time we'd like to open up the hearing to public testimony, if anybody is interested in
testifying on this agenda item. Seeing no testifiers, Commissioners, I need a motion to close
public testimony.
SHIMAOKA: I motion that we close public testimony.
CHURCH: I'll second it.
UNGER: We have a motion by Commissioner Shimaoka, secondby Commissioner Church. All
in favor?
COMMISSIONERS: Aye.
UNGER: Opposed? [None] Motion passes, publichearing is closed. Commissioners, at this
time the floor is open for a motion.
SHIMAOKA: Yeah, I move that a favorable recommendation°beforwarded to the County
Council on the application fora Change of'Zone, Docket No. REZ17-00[0]219, based on the
Planning Director's recommendation, which'shall be"adopted,KEALOHA: I'll second him.
UNGER: Motion by Commissioner Shiinaoka, second by Commissioner Kealoha. The floor is
open for discussion: I-support the project, I think forall the reasons that were listed by the
Planning Department; it's infilling;'it's what our Community Development Plan calls for; the
infrastructure is there. I'm not a proponent of making any changes to the fair share. I guess the
policy is helpful and certainly guidance. But, in general, you know, I'm concerned about fair
share, and, you know, as these subdivisions'continue on, do we have enough money for parks,
police, fire, etcetera:.So I'm a proponent of the subdivision not making any changes. The
motion on the table does not call for those changes, so, to be clear, if we do approve this, it's
without including any money spent on roadway development to go towards the other fair share
requirements.
KAY: Just so I can clarify, is that, was that your motion, Mr. Shimaoka?
SHIMAOKA: Yes.
KAY: Okay, thank you.
UNGER: Hearing no other comments,roll call,please.
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•
KAY: Thank you, Mr. Chair. Commissioner Shimaoka?
SHIMAOKA: Aye.
KAY: Commissioner Kealoha?
KEALOHA: Aye.
KAY: Commissioner Church?
CHURCH: Aye.
KAY: Commissioner Vitousek?
VITOUSEK: Aye.
KAY: And Chair Unger?
UNGER: Aye.
KAY: Thank you. Mr. Chair,motion carries,five-nothmg
UNGER: Thank you. To the applicant, you will be:notified in writing by the Planning
Commission. Thank you.
The discussion ended at"1.0:03 a.m: '4
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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