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HomeMy WebLinkAboutCOM 0446.000 1998-2000 •r q!,M r~~~ ~ William G. Davis Managing Director Stephen K. Yamashiro ' Mayor Henry Cho y;. , Deputy Managing Director A Si M~ ~II1tit~~1 II~ ~tiftltttt 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 September 17, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 ~ ~7 ~ n _ 1-0 Dear Chairman Arakaki and Members: c L :-1 ~ ti County Council Referral Bill No. 75 _ Applicant: Nanawale Estates Co. - ~ Request: O to RA-2a -~,1 co ~~l: Tax Map Key: 1-4-47:87 cfl County Council Referral Bill No. 76 Applicant: Nanawale Estates Co. Request: O to RA-2a and A-Sa Tax Map Key: 1-4-59:77 County Council Referral Bill No. 77 Applicant: Nanawale Estates Co. Request: O to FA-2a Tax Map Key: 1-4-76:38 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, ~ ~ Stephen K. amashiro Mayor Comm. No.~,~..__ File No. ZN 6 ~PN I.nanawOl.MAY R¢f, Tot Enclosures ~ 2 p 1999 cc: Planning Department Ref, Date $il/ laa Mfr w My.ry,~,, tF:~' ice". '•ti Stephen K. Yamashiro MO~'Or iii oi~ni'MP fl~aixnf~r ~.ttfutrit PLANNING COMMISSION 2S Aapuni Strut, Goan tog • wb, Hnrnii %720-42s2 (808) %1-8288 Fut (808) %4%15 ~SEP 1 7 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupurti Street Hilo, HI 96720 • Dear Chairman Arakaki and Members: County Council Referral Bill No. 75 Applicant: Nanawale Estates Co. Request: O to RA-2a Tax Map Key: 1-4-47:87 The Planning Commission at its duly advertised public hearing on August 19, 1999, considered the County Council's Referral Bill No. 75 to amend the bill relating to a request filed by Nanawale Estates Co. for a Change of Zone by changing the district classification from Open (O) to Residential and Agricultural (RA-2a) for approximately 10.995 acres of land. The original request was from Open (O) to Residential and Agricultural (RA-la). The property is located within Nanawale Estates Subdivision bordered by Holiday Road, Flower Road and Seadrift Road at Puua, Puna, Hawaii. The Commission voted to send an unfavorable recommendation to the County Council based on the following findings: The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action 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 land use pattern for areas within the County. In the case of this request, the subject property falls within the Low Density Urban designation on the LUPAG Map, which would allow for the proposed request. However, in order to consider an area for any type of zoning Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 designation, the applicable goals, policies, and standards of the General Plan must also 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 quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The subject change of zone request would be consistent with the General Plan LUPAG Map designation and other existing uses in this immediate area, however, due consideration must be given to those elements of the General Plan that the proposed use would not support and complement. The proposed Change of Zone from an Open (O) to a Residential and Agricultural (RA-2a) zoned district would not conform to the Land Use Element of the General Plan: * Zoning requests shall be reviewed with respect to the 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. It is the Planning Commission's opinion that no defmitive public need requirements have been met, and there is no affirmative, definitive justification for removing the property from the Open zoned district. Open zoned properties imply a degree of public trust, and there should be some public benefit to justify a change of zone. Based on the foregoing, it is determined that under present circumstances, the granting of this change of zone request would not result in a more appropriate land use pattern that will further the public necessity and benefit. As required by the County Council, transmitted is a draft ordinance amending Section 25-8-22, the Puna District Zone Map, of the County Zoning Code. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 Should you have any questions, please contact Phyllis Fujimoto or Alice Kawaha of the Planning Department at 961-8288. Sincerely, ~is~~z~'~ U~%~~.~ Leonard S. Tanaka, Chairman Planning Commission LNanaw09.PC cc: Steven S. C. Lim, Esq. Nanawale Estates Co. Department of Public Works Department of Water Supply Corporation Counsel BN anaw05. pkf-8/ I I /99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL REFERRAL BILL NO. 75 NANAWALE ESTATES CO. CHANGE OF ZONE APPLICATION fREZ 98-271 COUNTY COUNCIL REFERRAL BILL NO. 75 -Amend the bill relating to a request filed by Nanawale Estates Co. for a Change of Zone by changing the district classification from Open (O) to Residential and Agricultural (RA-2a) for approximately 10.995 acres of land. The original request was from Open (O) to Residential and Agricultural (RA-la). The property is located within Nanawale Estates Subdivision bordered by Holiday Road, Flower Road and Seadrift Road at Puua, Puna, Hawaii, TMK: 1-4-47:87. CHRONOLOGY 1. On April 16, 1999, the Planning Commission forwarded a favorable recommendation to the County Council on Nanawale Estates Co.'s application for a Change of Zone from Open (O) to Residential and Agricultural (RA-la) for approximately 10.995 acres of land in the Nanawale Estates Subdivision. 2. At the June 22, 1999 County Council's Planning Committee meeting, the applicant requested an amendment from RA-la to RA-2a. The County Council deferred action on the matter and referred the amended request and Bill No. 75 Draft 3 back to the Planning Commission for consideration. The applicant has requested the downzoning to RA-2a to avoid the fair share contribution fees requirement which the Council includes as one of the conditions of approval for parcels of one acre or less. In this situation, if the proposed zoning were to remain at one acre (RA-la), the fair share contribution would far exceed the purchase price of the subject parcels. (See Exhibit A - July 15, 1999 Applicant's letter and July 14, 1999 County Council's letter) GENERAL INFORMATION 3. Landowner: The landowner of the subject property is Title Guaranty Escrow Services, Inc. By letter of authorization, Title Guaranty Escrow Services, Inc. has given permission to Nanawale Estates Co. to apply for the change of zone. APPLIC NT'S F.O TE T 4. Request: Originally, the applicant requested the Residential and Agricultural (RA-la) designation to develop ten (10) lots, each approximately 1 acre in size. The applicant is now requesting the Residential and Agricultural (RA-2a) designation in order to develop an agricultural subdivision limited to five (5) buildable lots, with an average lot size of two (2) acres. According to Section 25-5-50, Hawaii County Zoning Code, the Residential and Agricultural District (RA) would allow a mix of residential and agricultural uses. The intent is to provide for activities or uses characterized by low density residential lots in rural areas where city-like concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only within areas designated as being in the state land use rural or urban districts. 5. Supportive Information: (See Exhibit B -Change of Zone Application and revised site plan. Please note that all references to RA-la should be RA-2a for five (5) lots approximately two (2) acres in size) STATE AND COUNTY PLANS 6. State Land Use: Urban. According to the State Land Use Commission, the State Land Use boundaries within the Nanawale Estates Subdivision were initially designated in 1964 and again in 1969, creating the current division between the SLU Agricultural and Urban areas approximately along Lehua Road. All properties in the SLU Agricultural designated area are zoned A-la by the County. Within the SLU Urban designated area, properties are zoned RS-10 and A-la. 7. General Plan Consistency: Land Use and Agricultural Element goals and policies. 8. GP LUPAG MAP: Low Density Urban Development. This designation allows for single family residential in character, ancillary community and public uses and convenience type commercial uses. 9. County Zoning: Open (O). The Open district applies to areas that contribute to the general welfare, the full enjoyment, or the economic well-being of open land type use -2- which has been established or is proposed. The subject property was zoned to its Open (O) designation on December 20, 1967 (Ordinance No. 111) when the Zoning Maps for the Puna District were initially adopted. Prior to that date, zoning within the Puna District did not exist. The Nanawale Estates Subdivision received Final Subdivision Approval on January 22, 1969. Preliminary subdivision plans were on file with this department when the original zoning maps for the Puna District were adopted in 1967, and the subject parcel was designated for school use by the developers; however, neither the County nor State has sanctioned such a use. Two other properties within Nanawale Estates, TMK: 1-4-59:77 and TMK: 1-4-76:38, are also zoned Open and were designated for school use/higher education reserve by the developers. 10. SMA: The subject property is not situated within the SMA. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 11. Subject Property: The subject property is an approximate 10.995-acre rectangular parcel with a frontage along Flower Road of approximately 844 feet and frontages along Holiday and Seadrift Roads of approximately 512 feet. The property is a portion of Unit I of the 4,289-lot Nanawale Estates Subdivision which received Final Subdivision Approval on January 22, 1969. Lot sizes within the subdivision range from 8,000 to 16,000 square feet, with the average lot size approximately 8,040 square feet. Since the majority of the lots within the subdivision are less than 1 acre, they are non-conforming in size. 12. Topography: Fairly level with slopes of up to 6 percent. 13. USDA Natural Resources Conservation Service's Soil Survey Report: Soils on the site are identified as Papai extremely stony muck (rPAE). Permeability is rapid, runoff is slow, and erosion hazard is slight. 14. Land Study Bureau's Detailed Land Classification System: "E" or Very Poor. 15. ALISH: Existing Urban Development. 16. FIRM: Zone "X", area outside the 500-year flood plain. 17. Floral/Fauna and Archaeological Resources: According to the applicant, the -3- Nanawale Estates Subdivision was graded upon its establishment, therefore, it is unlikely that any archaeological features exist on the property nor that it provide a habitat for endangered plants or animal species. 18. Surrounding Zoning/Land Uses: Surrounding properties are zoned RS-10, mostly vacant, and approximately 8,040 square feet in size. There is a dwelling across the property on Seadrift Road to the northeast, and another dwelling adjacent to the property on Holiday Road. 19. Open zoned sites: The property is one of three sites designated for school use by the developers, and the request would remove approximately 10.995 acres from the Open zoned district within the Nanawale Estates Subdivision. According to the Department of Education's Facilities Branch, the minimum lot size for schools are: (1) Elementary, 12 acres including playground, if adjacent to an existing playground, 8 acres; (2) Intermediate, 18 acres including playfield; (3) High School, 50 acres including complete facilities. Therefore, although the subject property was designated as a school site, it does not meet the minimum lot size for a school. In a sepazate rezoning request on TMK: 1-4-59:77, the applicant is proposing to reserve approximately 12 acres to be conveyed to the Nanawale Estates Community Association for future development of educational facilities. The subject property was designated as a school site and not a park site, and the request would remove approximately 10.995 acres from the Open designation, but would not impact the availability of park sites in the area. Within the subdivision, there are fourteen (14) sites zoned Open which were designated as park sites. All parcels are vacant, except for TMK: 1-4-50: 23 (Pazk/Fire site), and owned by the Nanawale Community Association. The total acreage of the fourteen sites is 27.56 acres. TM Size (in acres) 1-4-50: 23 (Pazk/Fire) 1.849 1-4-64: 108 1.480 1-4-57: 27 1.485 1-4-64:16 1.485 -4- 1-4-74: 108 1.485 1-4-31:39 1.480 1-4-74: 16 1.480 1-4-81:1 1.485 1-4-76: 113 1.485 1-4-85:42 1.485 1-4-87:62 1.106 1-4-57: 92 .265 1-4-32: 58 7.411 1-4-82:1 3.579 According to the Department of Pazks and Recreation, except for TMK 1-4-32: 58, all the park sites within the subdivision are neighborhood pazks, as defined by the County General Plan. Neighborhoods parks are defined as "........up to 4 acres, within the center of a neighborhood...." As identified above, the Nanawale Estates Subdivision has 14 potential pazk sites totalling approximately 27.56 acres. Pazks aze a permitted use within the requested RA designation. 20. Hawaii County Code: The Park Dedication Code, which provides a method of calculating land required to be provided in perpetuity by a subdivider, is not applicable to Nanawale Estates. Under Section 8-4 (a)(2), which exempts subdivisions granted tentative approval prior to December 27, 1977, Nanawale Estates is exempt since it received Final Subdivision Approval on January 22, 1969. 21. Buildout Information: At buildout, the Nanawale Estates Subdivision may be projected to have a population of approximately 12,438. This is based on the number of lots in the subdivision (4,289) multiplied by the 1990 Census data of 2.9 persons per household. 22. Building Permit Data: Data from Building Permit records indicate that 426 building permits have been issued in the 4,289-lot Nanawale Estates Subdivision since 1980. Data from the 1998 Experian Realty Directory lists 429 properties within the subdivision with structural improvements. -5- P BLI ,RVICE AND FACILITIES 23. Access: All roads within Nanawale Estates are private, with the exception of Nanawale Boulevard, Kehau Road, Hapuu Road and Maluhia Road. Access to the property is from Nanawale Boulevard to Flower Road. The property is bounded by Flower, Holiday and Seadrift Roads. According to the Department of Public Works, Holiday, Flower and Seadrift Roads have less than a 40-foot right-of-way, and the public and private roadways within Nanawale Estates are substandard for the surrounding and proposed zoning. 24. Water: County water is not available to the site. According to the Department of Water Supply, although a new 8-inch waterline extension on Kehau Road between Nanawale Boulevard and Maui Road is substantially completed as of July 30, 1999, it is located approximately 1,500 from the site. The proposed rezoned lots will be served by a private catchment system. Effective July 20, 1994, County Council Resolution 247-94 provided criteria for reviewing zoning requests in Urban designated areas without the necessary infrastructure for water. The resolution requires all parcels for rezoning in Urban areas be reviewed in accordance with the following criteria: (1) The area of the request has no municipal or private water system meeting the requirements of the Department of Water Supply and there are no plans to construct such a system; (2) The General Plan of the County of Hawaii designates the area of the request as Low or Medium Density Urban, but shall not include areas designated for future Urban Expansion; (3) The State Land Use designation for the area of request is Urban; (4) The request is part of an existing development for which the proposal is an integral part of the existing development and proposes the same use; (5) There is more than adequate rainfall available in the area of the request based on a formula using the median annual rainfall and daily usage of gallons per day; and (6) The water catchment systems and storage capacity shall meet with the requirements of the State Department of Health, the Department of Water Supply and the Fire Department. 25. Wastewater: Wastewater is proposed to be managed by private septic systems installed by individual lot owners in compliance with all applicable State and County -6- regulations. 26. Protective Services: Protective and emergency services are provided at the police headquarters at Keaau and fire substations located in Pahoa and Keeau. 27. Other Utilities/Services: Electricity and telephone are available to the site. AGENCIES' COMMENTS 28. Police Department (July 28, 1999 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 29. State Department of Transportation Hilo (Received August 11, 1999): "Not applicable." 30. State Land Use Commission (July 30, 1999 Letter): "We have no comments to offer at this time. We appreciate the opportunity to comment on this matter. " 31. Department of Public Works, Engineering Division: (See Exhibit C -July 29, 1999 Memo) AGF.N('IES - NO COMMENTS 32. Department of Water Supply, Real Property Tax Office, Department of Parks and Recreation, Fire Department, Department of Education, Department of Land and Natural Resources (DLNR) Land Division, DLNR Historic Preservation Division, DLNR Land Management, Department of Health, Department of Transportation Honolulu, Department of Agriculture, Natural Resources Soil Conservation Services, Nanawale Community Association PiJBLIC COMMENTS 33. The department has not received any written public comments or objections on the subject request. -7- CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 ~%i ,r - r ^ r l r[J,~ .r n TELEPHONE (608) 935-6844 - ~ C (7 FA% (606)936-7975 ' •i W W W.CARLSMITH.COM OUR REFERENCE NO. 0373743 July 15, 1999 Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Nanawale Estates Company ? Bill No. 75 -TMK (31 1-4-47:87 (10.99 acres): Bill No. 76 -TMK (31 1-4- 59~77 1232 acresl_ Bill No. 77 -TMK (31 1-4-76:38 (9.3 acres) Dear Ms. Goldstein: Pursuant to the request of the applicant Nanawale Estates Company, the County Council Planning Committee has deferred action on the above three rezoning requests to amend the minimum lot size for all three applications from one acre up to two acres per lot. This action will require amendments to all three bills, thus requiring a further public hearing at the Planning Commission. Please accept this as the Applicant's request to submit the amendments to the Planning Commission for hearing as soon as possible, so that we may return to the County Council for further processing of the three applications. If you have any questions, please feel free to call me. Very truly yours, CARLSM~ITH BALL Steven< S.C. Lun SSL:bny E X H I B I T 2007887.1.037374-3 cc: Nanawale Estates Company ~ Peter Hughes HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C. • MEXICO CITY v os " ii, Phone: (SOS) 961-8261 BOBBY JEAN LEITHEAD-TODD ~ ~ Councilmem6er 11 FAX: (808) 969-3291 t "S ~~F Oi~N~'~' COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 July 14, 1999 ~ - TO: Virginia Goldstein Planning Director FR: ~obby Jean Leithead-Todd Planning Committee Chair RE: Nanawale Estates Bills 75, 76 and 77 At the June 22, 1999 Planning Committee meeting the aforementioned bills were to be referred back to the Planning Commission if Corporation Counsel deemed it so. Because the applicant sought to downzone from RA-la to RA-2a, we requested an opinion from Corporation Counsel on whether the title could be amended at Council level, and Corporation Counsel concluded "that since the bills' titles will have to be changed, the bills must be re-introduced at the Planning Commission." Therefore, we are transmitting Bills 75, 76 and 77 with corresponding amended drafts to the Planning Commission for re-introduction with amended titles. The purpose of the downzoning is to avoid the fair shaze contribution fees which the Council adds on to parcels of one acre or less. In this case, if the zoning were to remain at one acre, the amount of the fair share contributions would greatly exceed the purchase price of the subject pazcels, so the applicant is seeking to downzone to prevent this unusual circumstance from happening. In addition to copies of the aforementioned bills, also enclosed is a copy of the Draft transcript from the June 22, 1999 Planning Committee meeting. Please feel free to call me at extension 8261 or Bazbaza Hashimoto at extension 8493 if you have any questions. Thank you. COUNTY OF HAWAI~ ` ~ :STATE OF HAWAII ' BILL NO. 75 (Draft 3) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT PUUA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-47:87. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-22, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puua, Puna, Hawaii, shall be Residential and Agricultural (RA-la): LOT 837 NANAWALE ESTATES SUBDIVISION-UNIT 1 (File Plan 700) Beginning at a point the south comer of this parcel of land being also the west comer of Nanawale Estates Subdivision Lot 779 at the northerly side of Holiday Road and running by azimuths measured clockwise from true South: 1. 107° 36' 522.00 feet along the northerly side of Holiday Road; thence along Holiday Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 2. 152° 36' 28.28 feet to a point at the easterly side of Flower Road; 3. 197° 36' 844.00 feet along the easterly side of Flower Road; thence along Seadrift Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 4. 242° 36' 28.28 feet to a point at the southerly side of Seadrift Road; 5. 287° 36' 522.00 feet along the southerly side of Seadrift Road; 6. 17° 36' 884.00 feet along Nanawale Estates Subdivision Lots 836, 817, 816, 800-A, 798 and 779 to the point of beginning and containing an area of 10.995 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director. C. All new wastewater systems for each proposed lot within the subject property shall comply with the State Department of Health. D. Comply with all other applicable laws, rules and .regulations and requirements of all affected agencies for the development of the subject property. Restrictive covenants in the deeds of all the proposed lots within the subiect proper shall prohibit the construction of a second dwelling unit on each lot A copy of the proposed covenant(, to be recorded with the , Bureau of Conveygnces shall be submitted to the Plan_nine Director for review and approval prior to the issuance of Final Subdivision Approval -2- A copy of the approved covenant shall be recited in an instrument execute~,v the apnlicant and the County! and recorded with the Bureau of Conveyances for andportion of the subject prop. A copy of the recorded document shall be filed with the PlarLning Department upon its recejpt from the Bureau of Convevances. [E]E. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to £utal subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to ten (10) residential units, the indicated total of fair share contribution is $72,391.60 for single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition E. The fair share contribution shall be allocated as follows: 1. $3,490.85 per single-family residential unit for an indicated total of $34,908.50 to the County to support park and recreational -3- improvements and facilities; 2. $168.40 per single-family residential unit for an indicated total of $1,684.00 to the County to support police facilities; 3. $332.61 per single-family residential unit for an indicated total of $3,326.10 to the County to support fire facilities; 4. $145.62 per single-family residential unit for an indicated total of $1,456.20 to the County to support solid waste facilities; and 5. $3,101.68 per single-family residential unit for an indicated total of $31,016.80 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute 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 approval of the director. Upon approval of the fair share contributions or in lieu contributions by the director, the director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. [F]~. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. -4- [G]II• 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 applicants, its successors or assigns, and that are not the result of their fault or negligence. . 2. Granting 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 reason for the granting of the change of zone. 4. The time extension granted shall be for a period of 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). [H]I. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate designation. 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. -5- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCE: Comm. ~76~.~-- APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: -6- APPLICATION FOR CHANGE OF ZONE Puua, District of Puna, Hawaii TMK: (3)1-4-47-87 Prepared for: Nanawale Estates Co., a California corporation c Prepared by: Steven S. C. Lim Carlsmith Ball 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 November, 1998 exHiB~r COUNTY OF HAWAL PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: NANAWALE ESTATES CO. APPLICANT'S SIGNATURE: See attached authorization DA1~: ADDRESS: P. o. Box 3006 Bakersfield, CA 93385 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAVIES OF MAIN OFFICERS: Nancy Duff, CEO, Carol Brendt, CFO, and Tom Franconi, Secretary PHONE:(Bus.) 510-527-3729 (Res.) (F~) LANDOWNER(S): Title. Guaranty Escrow Services, Inc. LANDOWNER SIGNATURE(S): See attached authorization DATE: (May be by lettez) LANDOWNER(S) ADDRESS: 235 Queen Street, First Floor, Honolulu, HI 96813 REQUEST: Open (o) TO RA-la (Existing zoning) (Proposed Zontng) TAX MAP KEY: (3) 1-4-47-87 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 10.995 acres AGENT: Steven S,C. Lim ADDRESS: Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE:(Bus.) 935-6644 (Res.) (F~) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COPIES: Nanawale Estates Co. (See Instructions on Reverse Side) THIS CfL4NGE OF ZONE APPLICATION iViLiST BE ACCOMPANIED BY THE FOLLO`VLtiG: 1. A filing fee of five hn d dollars ($500) plus twenty-five do ~ (S25) per lot or unit proposed by [he amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (ZO) copies of a Background and County Environmental Report ro include utfornation as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment have been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property Iines; all existing and proposed strucrures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item ~ for presentation purposes. 7. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who aze required to receive notice. Note: Legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted to the Planning Deparanent, promptly, upon receipt of the notice from the Planning Director [hat a public hearing has been scheduled. FORMS - 4/15/97 (f:\wp60\forms\pd\zoneapol.skg) APPLICANT'S L•ETTFR OF AUTHORIZATION Tax Map Key: (3) 1-4-47-87 Puua, District of Puna Island, County and State of Hawaii The undersigned applicant hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile cony of this executed authorization shall also be considered as effective and valid as the original. NAN E EST TES CO. By Nancy Duff Its C~ F. o. Address: 1730 Sonoma Berkeley, CA 94707 Subscribed and sworn to efore me this ~j'` ~ day of O(~ , 1998. Nar~ie: A ~~aoiX:,~,nr Notary Public in and for the State of California My commission expires: 8 ~ -~c,y / ~a,,a ~Ly ~~~fi~ co.GQODVV( Cpl r'ni ~ 47 FFF OWNER'S LETTER OF AUTHORIZATION Tax Map Key: (3) 1-4-47-87 Puua, District of Puna Island, County and State of Hawaii The undersigned is the fee owner of the real property above-identified, and hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. TITLE GUARANTY ESCROW SERVICES, INC. By ~ D4VIn PI@TS611~v ItS PRESIDENT Address: 235 Queen Street First Floor Honolulu, Hawaii 96813 Subscribed and sworn to before me this day of ~ 1Lr~s, , 1998. V0..' e.t.~.~.~ ~ ~ C c~,~S%,~ Name: Notary Public, State of Hawaii VALERIE KP. TANAKA My commission expires: Expiration Date: May 21, 2000 APPLICATION FOR CHANGE OF ZONE BACKGROUND and COUNTYENVIRONMENTAL REPORT Applicant: Nanawale Estates Co. Tax Map Key No.: (3) 1-4-47-87 Puua, District of Puna Island and County of Hawaii 1. PROPOSED DEVELOPMENT 1.1 Ownership Applicant Nanawale Estates Co., is a California corporation, authorized to do business in the State of Hawaii. Ownership of the subject property is held by Title Guazanty Escrow Service, Inc. in trust for Applicant Nanawale Estates Co. 1.2 General Site Description The 10.995-acre rectangulaz-shaped, unimproved parcel of land is bordered by Holiday Road along its southern boundary, Flower Road along its western boundazy, Seadrift Road along its northern boundary, and single-family residential lots zoned RS-10 along its eastern boundary. The property is located within the Nanawale Estates Subdivision, which was developed in 1962, prior to the adoption of the County's present Subdivision Control, and consists of approximately 4,289 residential sized lots, ranging in size from .25-acres to 1-acre. The property is more particulazly described as Lot 837, being a portion of Royal Patent No. 7788, Land Commission Award No. 8452, Apana 15 to A. Keohokalole, and is situated at Nanawale Estates Subdivision, Unit 1, File Plan 700, at Puua, District of Puna, Island and County of Hawaii ("Property") (see Exhibit 2, "Location Map", and Exhibit 3, "Tax Map"). 1.3 Statement of Objectives The Applicant is seeking a Change of Zone for the approximately 10.995-acre Property from Cpen (O) designation to RA-la (Residential and Agricultural 1-acre) designation to develop an agricultural subdivision limited to ten (10) buildable lots, with an average lot size of 1-acre (see Exhibit 1, "Site Plan".) Background and Coun[y Environmental Repoli Page 1 Application for Change of Zone (TMK: I-4-47-87) Nanawale Estates Co. 2. RELATIONSHIP TO LAND USE PLANS, POLICIES AND CONTROLS 2.1 STATE PLAN The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable policies discussed below. State Goal Section 226-4, HRS sets forth three components to this plan: (1) To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations; (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of [he people; (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Hawaii State Plan encourages choice and mobility that insure that individuals and groups attain self-reliance and self-determination. Approval of the requested rezoning should satisfy all of the foregoing objectives, by fulfilling an increasing demand for housing for present and future generations of Hawaii residents, thereby increasing the real property tax base in the Puna district. Objectives and policies for socio-economic advancement -housing Objective: • The orderly development of residenfial areas sensitive to community needs and other land uses. Policies: • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and suaounding areas. • Facilitate the use of available vacant, developable, and underutilized urban lands for housing Background and County Environmental Report Page 2 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Estates Co. Discussion: The Hawaii State Plan, Socio-Economic Advancement- Housing, encourages the orderly development of residential areas sensitive to community needs and other land use and'the promotion of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Approval of the requested rezoning should satisfy the foregoing Socio-economic objective and policies relating to housing, by utilizing vacant, developable lands for housing for the continually growing Puna District. Objectives and policies for the economy -Agriculture Objectives • Growth and development of diversified agriculture throughout the State. • An agricultural industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being. Policies • Assure the availability of agricultural suitable lands with adequate water to accommodate present and future needs. • Increase the attractiveness and opportunities for an agricultural education and livelihood. • Expand Hawaii's agricultural based by promoting growth and development of flowers, tropical fruits and plants, livestock, feed grains, forestry, food crops, aquaculture and other potential enterprises. Discussion: The Hawaii State Plan, Economy-Agriculture encourages the growth and development of diversified agriculture throughout the State by making available agricultural suitable lands with adequate water to accommodate present and future needs. Approval of the requested rezoning should satisfy the foregoing economic objectives and policies relating to agriculture, by utilizing vacant, developable lands and providing opportunities for small-scale agricultural activities. Background and County Environmental Report Page 3 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Estates Co. 2.2 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Property is situated in the State Land Use Urban District. Pursuant to Section 25-5-50, of the Hawaii County Code, the RA district is intended to be only within azeas designated as being in the State Land Use Rural or Urban district. The proposed action will be improved small-scale lots, with residentiaUfatTn dwelling and accessory uses, which use is not contrary to the purposes of the State Land Use Law designation for the Property. 2.3 Hawaii County General Plan The Genera] Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the property as l~en• The proposed action would be consistent with the goals, policies and standards of several functional azeas or elements of the General Plan as follows: :i i „ Economic Element: ~ Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability ut its economic system. • The Cotmty shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Discussion: The requested rezoning would foster the above-cited economic goals of the Hawaii County General Plan by allowing for small-scale farming on the ten parcels of 1-acre in size parcels, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income. The requested rezoning would also complement the Background and County Environmental Report Page 4 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Estates Co. A-1 a zoning and land use of adjacent pazcels, and help to retain the overall rural ambience of the Nanawale Estates Subdivision, thereby promoting the County's economic goals in harmony with its social and physical environments. Land Use Element: Goal • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and coral areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning m accordance with the existing or projected needs of neighborhood, community, region and County. • The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Standard • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: The proposed rezoning would allocate land uses in keeping with the General Plan goal by expanding the availability of 1-acre parcels for both agricultural and related residential uses. The proposed rezoning would also be compatible with the above-cited standazd, given the Property's ready access to public services and utilities, its proximity to government and employment centers in Hilo, and its close proximity to commercial complexes in the Puna azea. Background and County Environmental Report Page 5 Application for Change of Zone (TMK: t-4.47-87) Nanawale Estates Co. Land Use -Agriculture Goals • Rural-sTyle residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Assist in the further development of diversified agriculture in the district. Discussion: Diversified agricultural uses are highly desirable to Puna residents as a way to maintain the rural chazacter of their communities and a rural lifestyle. Puna has many small-scale, developing, experimental and independent growers and gazdeners. Cultivation of anthuriums, papayas, ornamental plants and guava aze viable options on the proposed lots. Many of the one to three acres lots located in the Puna district aze increasingly being developed for agricultural uses, such and floraculture and nursery stock, small-scale livestock and tropical fiuit tree orchards. The relatively low-cost of many of these lots, provide opportunities for successful intensive farming even though the soil quality is mazginal. The Nanawale Estates Subdivision receives an average of 100" to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water, thus eliminating the need for over-extension of the County water system. The proposed rezoning would complement the aforementioned goals by allowing for the development of residential- agricultural activities such as small-scale farming, making diversified agriculture a feasible endeavor for the young family or resident with limited income. The proposed rezoning would also be an expansion of the existing rural Puna cornmunity and would be in keeping with the "rural-style residential-agricultural developments" cited above, since the requested Residential and Agricultural 1-acre (RA-I a) designation would limit construction to one single-family dwelling per 1-acre lot. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Open (O). The Nanawale Estates Subdivision was granted final subdivision approval in 1962. Prior to the County's Interim Zoning Ordinance of December 19, 1962, there was no zoning for the Puna district, and the approval of the Subdivision predated the Zoning Ordinance of the County. The developer in submitting final subdivision maps, designated certain areas within the Tract for possible recreational and educational facilities. Background and Counry Environmental Report Page 6 Application for Change of Zone (TMK: t-4-47-87) Nanawale Estates Co. The County zoned the properties Open (O) since it existed as a large open space. Under Section 25-5-50, Hawaii County Code, the Residential and Agricultural (RA) district provides for activities or use characterized by low density residential lots in rural areas where city-like concentrations of people, structures, streets and urban level or services aze absent, and where small farms aze intermixed with low density residential lots. The proposed rezoning would meet this criteria as both parcels are located in rural areas with low density residential lots, and where urbanization is absent. 2.5 PUNA COMMUNITY DEVELOPMENT PLAN The Puna Community Development Plan (CDP) prepazed in January, 1992 is intended to provide direction in the implementing of the Hawaii County General Plan, and is designed to void the gap between the general plan policies and the specific concerns of the Puna community. The proposed action would be consistent with the courses of action of the Housing element of the CDP as follows: Housing: Courses of Action • Aid and encourage the development of a wide variety of housing choice for this area. • Encourage the maintenance and rehabilitation of the existing housing stock to maintain the viability of existing communities. Discussion: Puna's population has shown to be one of the fastest growing areas in the State, doubling every ten years. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration of population is due primarily to the availability of vacant land and affordable housing as compazed to those in the South Hilo district. The requested rezoning would foster the above-cited housing courses of action of the CDP by encouraging the development of the residential-agricultural lots, thereby providing a variety of housing choices in the subdivision and by meeting the housing demands in the Puna District. Background and County Environmental Report Page 7 Application for Change of Zone (TMK: I-4-47-87) Nanawale Estates Co. 2.6 COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA The Property is not located within the Special Management Area (SMA) of the County of Hawaii. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 3.1.1 Climate e 'n Located on the wetter windward side of the island, the mean annual rainfall is about 100 to 125". Relative humidity is generally stable and mean annual temperature is about 73 °F. Wind patterns aze diurnal-- dominant easterly tradewinds prevail during the day, while in the evening cooler westerly winds sweep down the slopes of Mauna Loa. Seasonal changes are mild and fairly uniform. Imnacts and Mitieation None. The proposed action will not alter the microclimate of the region. 3.1.2 Topography and Soils tt' The topography of the Property is relatively flat, with an average grade of zero to 6%. The soils in this general area are classified as the Papai extremely stony muck (rPAE) series, chazacterized by a surface layer comprised ofwell-drained, thin, extremely stony organic soils over fragmental A'a lava. Permeability is rapid, runoff is slow, and erosion hazard is slight. Papai soils aze usually used for woodland, with small azeas used for pasture, orchazds and truck crops. Its overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study Bureau. The State Department of Agriculture's Lands of Important to the State of Hawaii (ALISH) map does not classify the azea as containing lands of importance to agriculture. Background and Counry Environmental Report Page 8 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Es[ates Co. Impacts and Mit' atg tion None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.3 Natural Hazards e ti Flood and Coastal Hazards. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500-year flood plain. The Property is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Volcanic and Earthquake Hazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazazd Zone 2, on a scale of ascending risk 9 to 1. Zone 2 aeeas include the areas on both sides of the northeast and southwest rift zones, where lava flows have covered approximately 20 percent of the area during the past 750 yeazs. The last recorded lava flow in the immediate vicinity occurred in 1840. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. Impacts and Mitigation. The Property is not within any flood or tsunami hazazds zone. Although the Property is located in the azea flanked by Kilauea volcano, and is subject to down sloping lava flows, the degree of risk to human life is minimal. The Building Code requirements mitigate potential earthquake hazazds. 3.1.4 Air and Noise Quality Set~titte Air. The air quality in the Puna district is lazgely affected by air pollutants from natural rather than vehiculaz sources. The most predominant source of natural pollutants is from the Kilauea volcano's east rift eruption located southwest of the Nanawale Estates Subdivision. Emissions from the ongoing eruption can be seen in the form of a volcanic haze which intermittently blankets the area. Vehicular exhaust is a lesser source of air pollutants. Background and County Environmental Report Page 9 Application for Change of Zone (TMK: I-4-47-87) Nanawale Estates Co. Noise. Noise in the general azea is associated with vehiculaz sources within the subdivision. Noise generated by additional traffic within the proposed 1-acre residential-agricultural lots should be minimal. T~ actc and Mitigation The proposed action will not alter the air quality of the region. Fugitive dust specifically arising from future development can be mitigated by observance of standazd industry practices for air quality management. 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES ti The Property is not among those listed as historic properties in the Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. As discussed eazlier, the Nanawale Estates Subdivision was graded upon its establishment in 1962, and is currently undeveloped, vacant land. Impacts and Miligation None. Because the entire Property has been previously disturbed, any surface or subsurface azchaeological remains are unlikely. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna ett' Nanawale Estates Subdivision was originally graded upon its establishment in 1962, and during construction of the subdivision roadways. The Property is an unimproved parcel of land and is absent any agricultural activity. The Property's existing terrain is marked by a dense overgrowth of ground cover and mature trees, including ohia, pili grass, and by introduced animal species, such as mongoose and rats. Impactc and Mitigation None. The Property has been entirely previously disturbed, and is unlikely to adversely impact raze or endangered native plants and/or species, since there remains no evidence of same within the Property or the surrounding azea. 3.3.2 Scenic and Open Space Resources e i The Property has remained in its natural condition. The Property is not listed as a distinctive and identifiable land form distinguished as Background and County Environmental Report Page ] 0 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Estates Co. landmarks or as having a frontyazd vista of distinctive feature as identified in the General Plan within the Puna District. Impacts and Miti ag tion The proposed action will not directly impact upon vistas. Although the proposed action will remove the Property from its current "open space" designation, the proposed 1-acre pazcels, will continue to serve as a form of "open space" in the area. 3.4 SOCIO-ECONOMIC RESOURCES SettinE Puna's population has shown to be one of the fastest growing azeas in the State, doubling every ten yeazs. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration is due primarily to the availability of vacant land and affordable housing as compared to those in the South Hilo district. The requested rezoning would designate and allocate land uses in appropriate proportions and in balance with the social, cultural and physical environment of Puna. Imnacts and Mitieation None, as the proposed rezoning meets land use plans, policies and controls which support the designation and allocation of the Property in agricultural and very low density agriculturally-based residential use in keeping with the social and cultural environment of the Puna azea. 3.5 SURROUNDING AREAS e tin The Property abuts single-family residential lots zoned RS-10 along its northern, southern, eastern and western boundaries. The Declazation of Protective Restrictions, Conditions and Reservations for Unit No. 2, Nanawale Estates ("Declaration") provides that the majority of the lots in the tract shall be used for single-family residences. The proposed rezoning is consistent with the Declaration and surrounding single-family residential uses in the Nanawale Estates Subdivision as one single-family dwelling or one farm dwelling will be permitted on any building site in conformance with County zoning regulations. Therefore, no adverse impacts to surrounding uses and properties aze anticipated as a result of the proposed development of the Property. Background and County Environmental Report Page 11 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Es[ates Co. Imnacts and Mitigation None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the proposed development of the Property. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access et i The Pahoa-Kapoho Road intersects Nanawale Boulevazd, the vehicular entrance route leading into the Nanawale Estates Subdivision. Nanawale Boulevazd is a County owned and maintained road, which has a 40-foot wide paved roadway within a 60-foot wide right-of--way. Access to the Property is along Holiday, Flower, and Seadrift Roads, which are private subdivision roadways having a 40-foot wide right-of--way, owned and maintained by the Nanawale Community Association. Tmnactc and Mitieation It is not anticipated that the proposed action will generate any significant daily vehicular trip counts along the Pahoa-Kapoho Road and Nanawale Boulevard which aze generated by subdivision residents. 4,2 Water System ettine County water service is currently not available to the properties. The nearest County waterline is located along Nanawale Boulevazd, south of the Property. The proposed lots will be serviced by private water catchment systems to be installed by individual lot owners incompliance with all applicable State and County regulations. Imnacts and Mitieation None. Individual lot owners will install private water catchment systems incompliance with all applicable State and County regulations. The Nanawale Estates Subdivision receives an average of 100" to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water and will be sufficient to meet the needs of the residential-agricultural lots. 4.3 Wastewater System Sets tine The Property is not serviced by a municipal system. Wastewater is proposed to be managed by private septic systems installed by individual lot owners in compliance with all applicable State and County regulations. Background and County Environmental Report Page 12 Application for Change of Zone (TMK: 1-4-47-87) Nanawale Estates Co. Impacts and Mitigation None required since private septic systems will be installed by individual lot owners in compliance with all applicable State and County regulations. In addition, the Property is unlikely to contaminate groundwater resources since the Property is not located along the lower coastal resource azeas of Puna. 4.4 Police and Fire Protection and Medical Services Settine Protective and emergency services aze provided by the County of Hawaii, with the police headquarters located at Keaau, fire substations located in Pahoa and Keaau, and medical, surgical, acute care and skilled nursing facilities available at Hilo Medical Center in Hilo. In addition, the Nanawale Community Association has organized an association patrol in support of its neighborhood and community. Imnacts and Mif~Qation None required as adequate police and fire protection and medical services aze available. 4.5 Utilities in Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Imnacts and Mitieation None required since adequate utility services aze available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long-Term Productivity The proposed action will enhance the long-term productivity of the Property by: (1) placing the land into viable residential-agricultural lots and providing opporhrnities for successful intensive Farming while maintaining the rural chazacter of the community and rural lifestyle, and (2) fostering the housing courses of action of the CDP by encouraging the development of the residential-agricultural lots, thereby providing a variety of housing choices in the subdivision and meeting the housing demands in the Puna District. Background and County Environmental Report Page 13 Application for Change of Zone (TMK: t-4-47-87) Nanawale Estates Co. 5.2 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities. However, the low density of the proposed action should mitigate the extent to which these resources aze encumbered. 6. ALTERNATIVES CONSIDERED 6.1 No Action Alternative Under the "No Action" alternative, the Property would continue to remain unimproved, and would not help to implement the objectives of the Puna CDP, which encourages the development of a wide variety of housing choice for Puna district. In addition, the Nanawale Community Association, Inc., through its Boazd of Directors, supports the proposed action. Keeping the area in status quo would be contrary to the goals, policies and standards of the Puna CDP which is intended to provide direction in the implementing of the Hawaii County General Plan policies and the specific concerns of the Puna community. 7. AGRICULTURAL ZONING QUESTIONNAIRE The Applicant has completed and attached the Planning Department's Agricultural Zoning Questionnaire as Exhibit 4. 8. LIST OF SURROUNDING OWNERS A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties is attached hereto as Exhibit 5. Background and County Environmental Report Page 14 I ~3 Pr ~ ~~s~ ~R~ ~ ~F~~RN ~~CL ~~I . 1~'Z :Sb4 U ~ ~ f » Q I i~~ l,' ~ ~~l b i ~ li O r ~ ` vo `t ~ ,a o , .t, 1 6~ II- F F' [[[E f ~ UL' O~_ y 1~OL'-`~ Cr ~ a ~ r rr FOP oa QD ao ~~I T o ~ - ..ao. ~.n eu , ~4 ~ a^..T-F~ i. ~ V . ~ ~ 1 ~ ~ _~QS~ `l~1 ~ U - .rt - _ ~~C~- ,..m A A ~ FF • 'E9 t 'e'ra: n~r-_ mod; r~ c,.,,a„=o _ .i. L~1- mo'w'-4 a-_91 . - m.. ~-cm r I v~ ~ ,~5C~~, ~ ~~~N - , ,d r i{-- ' - ~ h~ roan ~ 9 t V . c.a,~c _ y~~ J Cl.nfu~ ~.j~ ~i+ r•j~Y~ cu~v. a• YI r ~',,P~~u~.~ lYanawale Estates PUUA, PUNA, HAWAI I T.M.K.1 -4 - 35-66, 75-77, 79-89 AlhB - Surveying antl Mapping m EXHIBIT 2 ' LOCATION MAP az ~ ~ ~ °7e~5 a o' P1 i _ - i i3 - ~e-- ;r~ ~ ~ - _ '+S o \ W o U tl; p : i iii _ ' C o: N' t~ r...~. ,.o, .~y Q , . , . . ~ , 3 . ~ v v ` ` v I 'y'i a' .p ill ae: .y ;1 .f is cr. ?u. ` 4 - v o ` v v a y v .rv v j o b o o~ f 1 I,• :I , : ~ o. J. ~ b ~ ~ ~ I o 0 ryl au ryfr r6 y'• :1 ynf "1 6Yi e~E ~ rP 3} All, si "1 ~ r^; y_ 1 Q . , ' ~ !~`o o t. tt i .,F it ////V~~~~ ii it V. it i plCt~- it ® t~ O Q e~© ~ nl ~ ~ ii tiY~•. It ~ ~ SV. ,~I m nl nl ..s Y ..a ~I t ~d r ± °,e ~ I O O i i a s. a - ~ ~ - - O EXHIBIT 3 ~ O ---°-°--------p-- -_q ~ O - TAX MAP ' ~ 9 A g II 0 _ ~ Q u p ~ ~ ~ 0 ~ o'tc air olz ~t~ d 0 G13 AI deja 0"7S V = 91d OSI ~ b'15 ~ a ~~L~~ zcv""'aav YLOW~F2 I~^'~' edd.oo 20Ab c u~,~~~` G'1J n. m.w eo.oo J Gk ta'e' 26L' x' W.L6 L~.20 G'1o p ! d S? p ~S ~p o Gc,7 N p ~ ~ e 0 _N dSa ~ ~ f N u D Ji ~ a,n a_p a GGO y d5~ G cc't T 4' ~"p ac0 Gcc Oct d ~ J~ ~ ~a~~ Gc9 Q p ~ ° 0 u dc2 r O~ hG. n Q p ~ GGG Do N ~ O N 4G9 Gc3 d ~ F- GC4 D rI' ~c• oe.oo ~ eea ; 'toe 800 e, arc aI~ ewe ~ 4G°i ccl Q '7a0 70~ ~~3 bye 8+js ! LGG cG0 ~ 'ICI 70G U OOI efQ ato C21d 'n` 4~G"7 V~ G57 "162. -775 ~ D02 O~~ ~ 82q 6~9 <G6 r 6Za ~ U N dO~ aG7 ol~Utf2: ~Ti.~.s co. 1°ROL°OS~C.7 ZOTJ E. Cri ALJGE 'Sfcvcn g. c. Lim, Atty, cYl3m dh Dn11 1x~ w~;o0~c,cr,n~~ LOT 8J'7 hlilo,tla~aii ~c~iLO s~n>J r.w~L~ 1=5T AT E.S 'St1CDlVI 3101.1 - U1JLT 1 Fuua, Fund, lshnd oj' HaWnu Hawaii Surv<~ o.d. R~r. by Mum?~, SM~jfi 4 ~ssocn~a, tRi. ~ c VG 9 >~O box BCC ryilo, H>.*~ii o nm.rz.~e ~P o M«w-•„ , TMK 9^i/ 1~ me EXHIBIT 1 SITE PLAN r anc, - ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII A°PLICATION FOR CH_4.NGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes IE please answer the rest of question 1 and then to question 3. Entire arcel a. How many acres of the requested area do you intend co subdivide? p b. Into what lot sizes? Ten (10) 1-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? Within one yea d. Do you intend to build houses on the newly created lots? NO If ves, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Toca1 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application See Exhibit 1, Site Plan form. Z. If you have no firm plans of subdividing the subject area, do you intend to: a. Se11 °r lease the land to someone who has firm plans? b. Se11 or lease the land to someone who has tentative plans? c. Se11 or lease the land to someone who has no plans? d. Keep it? e. Other (please state) EXHIBIT 4 P.D. 2 5/84 ZONINGOUESTIONNAIRE f. If you intend t~ uo either a, b, c, please elabc e 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 reouest and your further plans for the land will alleviate the local housing situation? Yes How? BY expanding the availability of 1-acre parcls for both diversified agricultural and related residential uses. 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 reouest is approved? Is the subject land currently being used for any agricultural ac[ivity? No If so, please list the kinds of products grown and on how many square fee[ or acres of land per product. o. Was your reouest to allow for the creation of smaller agricultural lots? Yes Ii so, did your plan include the following considerations? No a. Commodity to be produced? Yes What kinds of commodity? Floraculture and nursery stock, small-scale livestock and tropical fruit tree orchards. b. Suitablility of the proposed lot-size for that commodity? 1-acre c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? 1-acre -2- d. Agricultural i es or other forms of assurance t potential buyers or leases would put the subject area into some form of agricultural use? Yes Please state the proposed type of arrangement. Lot owners will comply with applicable State and County zoning laws related to agricultural uses. 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. Ii you do not intend to subdivide the subject land for some sort of Subject proper agricultural purpose, please state your other reasons. to be subdivid 7. To your knowledge, has there been any flooding and/or drainage problem No on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs ~morovements? Qn If so, what kind? Access to the proposed parcels will be off of Holiday, Flower and Seadrift Roads, which are privately owned and maintained by the Nanawale Community Association, having a 40' wide ROW. 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 X a. Schools X b. Roads X c. Sewer X d. Drainage -3- Yes No X e. Police Protection f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: See attached authorization letter Address: P.O. Box 3006, Bakersfield, CA 93385 Telephone: (510) 527-3729 Date: November 24, 1998 -4- DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE : July 29, 1999 ~Le~ta~ca~adaHZ - ' - TO PLANNING DEPARTMENT FROM ~~NGI RI G ISION \ 7 SUBJECT CHANGE OF ZONE APPLICATION (REZ 98-27, 28 & 29) Applicant: Nanawale Estates Co. Request: Amend Bill Nos. 75, 76, and 77 TMK: 3 / 1-4-47: 87, 1-4-59: 77 & 1-4-76: 38 We have reviewed the subject applications and comments in our memorandum dated December 17, 1998 still applies. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXH1131~ _ DEPARTMENT OF PUBLIC WORKS - 000NTY OF HAWAII HILO, HAWAII DATE : December 17, 1998 TO PLANNING DEPARTMENT , - FROM ~NGINE G ON c-. SUBJECT CHANGE OF ZONE APPLICATION (REZ 98-27, 28 & 29) Applicant: Nanawale Estates Co. ! TMK: 3 / 1-4-47: 87, 1-4-59: 77 ~ 1-4-76: 38 We have reviewed the subject applications and our comments are as follows: 1. All roads within the Nanawale Estates are private, with the exceptions of Nanawale Boulevard and Kehau Road, which are County roads. These roadways do not have a 40-ft. wide paved road like the application mentions. Hapuu Road and Maluhia Road are also County roads. The public and private roadways within the Nanawale Estates are substandard for the surrounding and proposed zoning. Some private roadways are unimproved and poorly maintained. Nanawale Boulevard, although paved, has very soft grass shoulders. Nanawale Boulevard essentially acts as one large cul-de-sac, with only one access point. DPW does not support any further subdivisions or commercial developments, which will increase the traffic within Nanawale Estates. 2. The DPW is experiencing many problems with the private waterlines and water meter permits that the Department of Water Supply issues, in areas along a County road where a waterline main is not available. This problem is getting extremely unmanageable to the DPW; therefore, we do not recommend any further subdivisions, the issuance of any water variances, or the issuance of any water meter permits. _ Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY Oi14'~2