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HomeMy WebLinkAboutCOM 0447.000 1998-2000 ~t~ a,. ~'dr" -'~c William G. Davis Stephen K. Yamashiro Managing Director ~°r Henry Cho ~K•a~ w',Mir Deputy Managing Director ~C1~II1tIi~'~1 II~ ~ti~lTtItT 25 Aupuni Street, Room 215 Hilo, Hawaii %720-4252 (808) 961-6211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailas-Kona, Hawaii 96740 (808)329-5226 Fax (806)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 ~ Dear Chairman Arakaki and Members: ~ ~ ~ ~ - N - ~ i County Council Referral Bill No. 75 ~ -n Applicant: Nanawale Estates Co. _ ~ ; Request: O to RA-2a ~ - Tax Map Key: 1-4-47:87 ; ' ? ~ 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 Man Key: 1-4-76:38 As required by Chaptec 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action aze the Planning Commission's letters and enclosures regazding the above-referenced requests. Sincerely, Stephen K. amashiro Mayor I-naoawOl.MAY Comm. Na Enclosures File No. LN6 PN cc: Planning Department R,ef. To: PC' ~il~ I~1 SEP 2 0 1998 Ref. Date - Tv or V- Stephen K. Yamaahiro ~ ~ Mayor I~ '1tf~0i~M~~ ~II1t2t~~1 II~ ~.2I~11titt PLANNING COMMISSION 25 Aapuni Street, Room 109 • Hib, Hxwxii %720.4252 (808) %1.8288 Pxx (808) %4%15 SEP 1 7 t999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: County Council Referral Bill No. 76 Applicant: Nanawale Estates Co. Request: O to RA-2a and A-Sa Tax Man Key: 1-4-59:77 The Planning Commission at its duly advertised public hearing on August 19, 1999, considered the County Council's Referral Bill No. 76 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) and Agricultural (A-Sa) for approximately 23.203 acres of land. The original request was from Open (O) to Residential and Agricultural (RA-la) and Agricultural (A-Sa). The property is located within Nanawale Estates Subdivision bordered by Kapuna Road, Niihau Road, Kehau Road and Molokai 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 vazious 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 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 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 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 definitive 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, Leonard S. Tanaka, Chairman Planning Commission LNanawlO.PC cc: Steven S. C. Lim, Esq. Nanawale Estates Co. Department of Public Works Department of Water Supply Corporation Counsel B Nanaw06. pkf-8/ l 1 /99 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL REFERRAL BILL NO. 76 NANAWALE ESTATES CO. CHANGE OF ZONE APPLICATION tREZ 98-28) COUNTY COUNCIL REFERRAL BILL NO. 76 -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) and Agricultural (A-Sa) for approximately 23.203 acres of land. The original request was from Open (O) to Residential and Agricultural (RA-la) and Agricultural (A-Sa). The property is located within Nanawale Estates Subdivision bordered by Kapuna Road, Niihau Road, Kehau Road and Molokai Road at Puua, Puna, Hawaii, TMK: 1-4-59:77. CHRONOLOGY 1. On April 16, 1999, the Planning Commission forwarded a 'no recommendation' on Nanawale Estates Co.'s application for a Change of Zone from Open (O) to Residential and Agricultural (RA-la) and Agricultural (A-Sa) for approximately 23.203 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 for a portion of the property. The County Council deferred action on the matter and referred the amended request and Bill No. 76 Draft 2 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 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. APPLICANT'S REQUEST 4. Request: Originally, the applicant requested the Residential and Agricultural (RA-la) designation to develop ten (10) lots, each approximately 1 acre in size, and Agricultural (A-Sa) for the remaining approximately 12 acres. The applicant is now requesting the RA-2a designation to develop an agricultural subdivision limited to five (5) buildable lots, with an average lot size of two (2) acres, and A-Sa for [he remainder lot of approximately 12 acres to remain a bulk lot to be conveyed to the Nanawale Estates Community Association for future development of public and/or private educational facilities. According to the applicant, the A-Sa zoning designation will also provide the Community Association with a favorable real property tax rate assessment that is similar to Keonepoko Elementary School in Keaau. Under 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) 4TATF 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-1 a by the County. Within the SLU Urban designated azea, -2- properties are zoned RS-10 and A-la. 7. General Plan Consistency: Land Use and Agricultural Elements 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 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 "higher education reserve" by the developers; however, neither the County nor State has sanctioned such a use. Two other properties within Nanawale Estates, TMK: 1-4-47:87 and TMK: 1-4-76:38, are also zoned Open and were designated for school use 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 23.203-acre rectangular parcel with frontages along Kapuna, Niihau, Kehau, and Molokai Roads. The property is a portion of Unit II 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 -3- 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 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 A-la, mostly vacant, and approximately 8,040 square feet in size. There is a dwelling to the northeast on Niihau Road and another dwelling to the south on Molokai 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 23.203 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. The subject property was designated as a school site and not a pazk site, and the request would remove approximately 23.203 acres from the Open designation, but would not impact the availability of park sites in the azea. 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. TMK ize (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 I-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 Parks 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 pazks 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. Parks 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- PUBLIC SERVICES 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 Kehau Road. The property is bounded by Kehau, Molokai, Kapuna and Niihau Roads. According to the Department of Public Works, these 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 applicant, the proposed lots will be serviced by private water catchment systems to be installed by individual lot owners in compliance with all applicable State and County regulations. 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 regulations. -6- i 26. Protective Services: Protective and emergency services are provided at the police headquarters a[ 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 [o 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) A N - NO COMMENTS 32. Department of Water Supply, Real Property Tax Oftice, 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 PUBLIC 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 - r; i r TELEPHONE (688) 835-6614 - - ~ FAX (806) 835-7975 " W W W.CARLSMITH.COM OUR REFERENCE NO. 0373743 July 15, 1999 Virginia Goldstein Planning Director Planning Depaztment County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Nanawale Estates Comuanv ? Bill No 75 -TMK (31 1-4-47:87 (10.99 acresl: Bill No. 76 -TMK (31 1-4- 59.77 (23 2 acresl: Bill No. 77 -TMK (31 1-4-76:38 (9.3 acresl 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 heazing 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, CARL~SM~I'T"H BALL Steven' S.C. Lim SSL:bny EXHIBIT 2(87887.1.037374-3 s- , ~~~i cc: Nanawale Estates Company ~ vlY Peter Hughes HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, O.C. • MEXICO CITY oJMtv,as Mme'' HOBBY JEAN LEITHEAD-TODD " i,~~. Phone: (808) 961-8261 Councilmem6er i. FAX: (808) 9693291 rrF or'Hr.'r 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 aze 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 share contribution fees which the Council adds on to pazcels of one acre or less. In this case, if the zoning were to remain at one acre, the amount of the fair shaze 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. V ~ ' L. , D'o:' .t COUNTY OF HAWAZ STATE OF HAWAiI BILL NO. 76 (Draft 2) 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) AND AGRICULTURAL (A-Sa) AT PUUA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-4-59:77. 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 azea situated at Puua, Puna, Hawaii, shall be Residential and Agricultural (RA-la): The Westerly Portion of Lot 836 NANAWALE ESTATES SUBDIVISION-UNIT 2 (File Plan 780) Pazcel 1 Beginning at a point at the east comer of this pazcel of land being also the north corner of a 12.005 Acre remainder of Lot 836 at the southerly side of Niihau Road and running by azimuths measured clockwise from true South: 1. 17° 36' 884.00 feet along a 12.005 Acre remainder of Lot 836 to a point at the northerly side of Molokai Road; 2. 107° 36' 532.00 feet along the northerly side of Molokai Road; thence along Molokai Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 3. 152° 36' 28.28 feet to a point at the easterly side of Kapuna Road; 4. 197° 36' 844.00 feet along the easterly side of Kapuna Road; thence along Niihau Road along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being: 5. 242° 36' 28.28 feet to a point at the southerly side of Niihau Road; 6. 287° 36' 532.00 feet along the southerly side of Niihau Road to the point of begimung and containing an azea of 11.198 Acres. The district classification of the following azea situated at Puua, Puna, Hawaii, shall be Agricultural (A-Sa): The Easterly Portion of Lot 836 NANAWALE ESTATES SUBDIVISION-UNIT 2 (File Plan 780) Pazcel 2 Beginning at a point the north corner of this pazcel of land being also the east comer of a 11.198 Acre remainder of Lot 836, at the southerly side of Niihau Road and running by azimuths measured clockwise from true South: 1. 287° 36' 562.00 feet along the southerly side of Niihau Road; thence along Kehau Road along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 2. 332° 36' 42.43 feet to a point at the westerly side of Kehau Road; 3. 17° 36' 824.00 feet along the westerly side of Kehau Road; thence along Molokai Road along a curve to the right having a radius of 30.00 feet, the chord azimuth and distance being: 4. 62° 36' 42.43 feet to a point at the northerly side of Molokai Road; -2- 5. 107° 36' 562.00 feet along the northerly side of Molokai Road; 6. 197° 36' 884.00 feet along a 11.198 Acre remainder of Lot 836 to the point of beginning and containing an area of 12.005 Acres. All as shown on the map attached hereto, mazked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification aze conditioned upon the following: A, The applicant its successors or assigns shall be responsible for comr]yine with all all of the stated conditions of approval. Final Subdivision Qpnroval of the pSonoced subdivision shall be secured from the Planning Director. All new wastewater systems within the subject Fropgr~y shall comp]v with the tat D parr_ment of Health. IZ Comnly with all other ~gplicable laws rules and regulations and requirements of all affected aeencies for the development of the subiect orooerty. The annlic * ~~~1 make its fair share contribution to rtitigate notential_ regional imnStc of the subiect nroiect with respect ro roads. parks and recreation. fir police and solid y~acte dj~r~sal facilities The amount of the fair share r ntrihntinn chap be the cum y~hich is the product of multiolvine the number of residential lo(~pronoced to be subdivided tzy the amounts allocated hereinbelo~~ for each such lot and shall become due and p~lyable prior to final subdivision ~proval for any vortion of the subjje~t property or its increments If the c~jg~t gronertE is subdivided in two or more increments -3- the amount of the fair share contribution due and payable prior to final c bdi~vic_,ion app al of each increment shall be a sum calculated in the same manner accordipg to the number of pronnce~l residential lots in each such increment The fair share contribution in a form of cash land facilities or all, ombi ation hereof acceptable to the director in co culLtion with the affected ag~nr;rc shall be determined by the County t'ouncil. The fair snare cont~ib~tion shall have a maximum combined value of S7 239 16 oer ~g~g farnj]y residential nnit Based up9n Lhe applicant's representation of intent to develop~n to ten (101 residential urns the indicated total of fair share c ~**;t,,,r;nn ;c P~72 391 60 for singlele~y residential units _ the total amount shall be increased or reduced in proportion with *he arnial number of units accordine to the calculation and payment provisions set forth in chic Condition The fair share contribution shall be allocated ac follows: j, 490 85 o~°r singl fami y *P~~dential unit for an indicated total of S34 908 50 to the County t0 sUDDOr park and recreational improvements and facilities: 168 40 per single family rP~~de*+tial unit for an indicated coral of Sl 684 00 to the County to suppor police facilities: R332 61 ner tingle famii}~sidential unit for an indicated total of 10 to the County t0 Support fire facilities: 4,, P145 62 ner single family *P~~de*+rial unit for an indicated total of ~1 456 20 to the County to support solid waste facilities: and 101 68 ner S3IIple family. 'de*tial unit for an indicated total of car 016 80 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adi»ct d a n ally -4- ]fig i ni rh- ree years after the effective date of the change of zone. based on ~ nercentaee change in the Honolulu Consumer Price Index (HCPD In li , of pg}~ine the fair share contribution. the applicant may construct and contribute imp*n~Pmentc/facilities related to parks and recreation. fire. police solid waste dy~p~cal facilities and roads within the re¢ion impacted l~~ the proposed developm nt 'ect to the approval of the director. jZpon approval of he fair share contributions or in lieu contributions by the director he director shall submit a fitLl report to the Council for its j~ormation that identifies the specific approved fair share and/or in lieu ~ntributionc as allocated and fut2her imp~P*~P^ta[ion rea~irements. 4hnulri the Council adopt a Unified Ippaet Fees Ordinance setting forth criteria for ~e impo ition of exactions or the assessment of impact fees. conditions ~„rieri hPrP;n shall b., credited towards the rea»>~ements of the Unified Impact Feec Ordinance. ~ An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning_Director upon the following circumstances: j„ The non performance is the result of conditions that could not have been foreseen or are b@}~ond the control of the applicants its c ,r~PCCor a~cigns and that are not the result of their faint or n g]jgence• 2„ Grantine the time extension Mould not be contrary to the General Plan or Zoning Code• ~ Grantine of the time extension ~~ould not be contrary to the orieinal reason for the granting of he change of zone. 4,, The time extension granted shall be for a period of not to exceed the -5- period origjnal y.pranted for performance (i e a condition to gpPrfnrmed within one vear m be extended for up o on additional vearl. H... . hould ~y of the conditions not be met or substAntially complied with in a timely fachion the Director may initiate rezoning of the subj rat ~pertv to its g~gina] or morr_ appropriate desi tion. 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. U ED B ~ _ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: 27 ~ , 0 0 2 REFERENCEi Cantu. APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: APPLICATION FOR CHANGE OF ZONE Puua, District of Puna, Hawaii TMK: (3) 1-4-59:77 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 EXHIBIT E:.~ COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: NANAWALE ESTATES CO. APPLICANT'S SIGNATURE: See attached authorization letter DATE: ADDRESS: P.O. Box 3006 Bakersfield, CA 93385 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Nancy Huff, CEO, Carol Brendt, CFO, and Tom Franconi, Secretary PHONE:(Bus.) 510-527-3729 (Res.) (Fax) LANDOWNER(S): Title Guaranty Escrow Services, Inc. LANDOWNER SIGNATURE(S): See attached authorization lette}~A~: (May be by letter) LANDOWNER(S) ADDRESS: 235 Queen Street, Eirst Floor, Honolulu, HI 96813 REQUEST: 0 en (o) TO RA-la and A-Sa (Existing zoning) (Proposed Zotung) TAX MAP KEY: (3) i-4-59-77 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.203 acres AGENT: Steven S.C. Lim ADDRESS: Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE:(Bus.) 935-6644 (Res.) (Fyx) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COpI~: Nanawale Estates Co. (See Instructions on Reverse Side) APPLICANT'S LETTER OF AUTHORIZATION Tax Map Key: (3) 1-4-59-77 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 copy of this executed authorization shall also be considered as effective and valid as the orginal. NANAWALE ESTATES CO. By Nancy Duff Its n. Address: 1730 Sonoma Berkeley, CA 94707 Subscribed and sworn to before me this 5 day of /I/~vPm /.x%-~. > 1998. ~c~c cJc'~ Name) Q .h~oi~y~N' Notary Public in and for the State of California My commission expires: 8 ~3 •:r00/ I` ° c,, , nm. FxY°" ooui ~~oR~Viq~ a~3,22 2~0~ ~ FEE OWNER'S LETTER OF AUTHORi7,ATiON Tax Map Key: (3) 1-4-59-77 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~,,I \NC. /f ~ By ,~1 ~h~~~:~ AAVi9 PIFPSCH, JR. Its ¢.~sID~~ Address: 235 Queen Street First Floor Honolulu, Hawaii 96813 Subscribed and sworn to before me this ~~day of , 1998. Name: Notary Public, State of Hawaii VALERIE K.P. TANAKA Expiration Date: May 21, 2000 My commission expires: APPLICATION FOR CHANGE OF ZONE BACKGROUND and COUNTYENVIRONMENTAL REPORT Applicant: Nanawale Estates Co., a Califomia corporation Tax Map Key No.: (3) 1-4-59:77 Puua, District of Puna Island and County of Hawaii 1. PROPOSED DEVELOPMENT 1.1 Ownership Applicant Nanawale Estates Co., is a Califomia 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 parcel is a 23.203-acre squaze-shaped, unimproved parcel of land which is bordered by Kapuna Road along its western boundary, Niihau Road along its northern boundary, Kehau Road along its eastern boundary, and Molokai Road along its southern boundary, and is situated within the State Land Use Urban District. 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 being Lot 836, 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 2, File Plan 780, 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 23.203-acre Property from Open (O) designation to: (a) 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, and (b) A-Sa (Agricultural 5-acre) for the remainder lot of approximately 12.00 acres to remain a bulk lot to be conveyed to the Nanawale Estates Background and County Environmental Report Page 1 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Community Association for the future development of public and/or private educational facilities ("Proposed action") (see Exhibit 1, "Site Plan"). The A-Sa zoning designation will also provide the Community Association with a favorable real property tax rate assessment that is similar to Keonepoko Elementary School in Keaau. 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: To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations; (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people; (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Hawaii State Plan encourages choice and mobility that insure that individuals and groups attain self-reliance and self- determination. Approval of the requested rezoning should satisfy all of the foregoing objectives, by fulfilling an increasing demand for housing for present and future generations of Hawaii residents, thereby increasing the real property tax base in the Puna district. Objectives and policies for socio-economic advancement -housing Objective: • The orderly development of residential areas sensitive to community needs and other land uses. Background and County Environmental Report Page 2 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. 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 surrounding areas. • Facilitate the use of available vacant, developable, and underutilized urban lands for housing Discussion: The Hawaii State Plan, Socio-Economic Advancement- Housing, encourages the orderly development of residential azeas 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 azeas. 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 • Assute 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 Background and County Environmental Report Page 3 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. agriculture, by utilizing vacant, developable lands and providing opporhznities for small-scale agricultural activities. 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 areas designated as being in the State Land Use Rural or Urban district. The proposed action will be improved small-scale lots, with residentiaUfatm 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 Plau The General Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the Property as Low Density Urban. This Low Density designation is intended for single family residences, ancillary community and public uses, and convenience-type commercial uses. The proposed action would be consistent with the goals, policies and standazds of several functional azeas or elements of the General Plan as follows: 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 in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Background and County Environmental Report Page 4 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. 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 10 parcels of I-acre in size, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income. The requested rezoning would also complement the A-la zoning and land use of adjacent parcels 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 rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in 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 [he 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 Property's LUPAG designation for Low Density Urban and 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: I-4-59:77) Nanawale Estate 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 character of their communities and a rural lifestyle. Puna has many small-scale, developing, experimental and independent growers and gardeners. Cultivation of anthuriums, papayas, ornamental plants and guava are 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 fruit tree orchazds. 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 community and would be in keeping with the "rural-style residential-agricultural developments" cited above, since the requested Residential and Agricultural 1-acre (RA-1 a) designation would limit construction to one single-family dwelling per 1-acre lot. Land Use -Public Facilities-Education Policy • The County shall encourage implementation of the Department of Education's `Educational Specifications and Standards for Facilities' Standard • In proposed communities, sufficient acreage shall be reserved for school facilities. Sites shall be free from flooding and drainage problems, excessive slope and shall incorporate appropriate street and driveway design and location to minimize traffic Background and County Environmental Report Page 6 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. interference, pedestrian hazard, and to enable safe and easy access for vehicles, bicycles, and pedestrians. Discussion: The proposed 12-acre pazcel meets DOE standazds for an elementary school site, and will relieve the existing taxed educational facilities at Pahoa High & Elementary School. In addition, the Property is free from flooding and drainage problems, its terrain is flat, and is located in an area with appropriate street and driveway location which will minimize traffic interference and pedestrian hazazd thereby enabling safe access for vehicles and pedestrians. The requested rezoning would therefore meet the Land Use, Public Facilities-Education's standards for the development of an educational public facility in Nanawale Estates. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Open (O). The Nanawale Estates Subdivision, Unit 2 ("Tract") 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. The County zoned the Property Open since it existed as a lazge open space. Under Section 25-5-50, Hawaii County Code, the Residential and Agricultural (RA) district provides for activities or use chazacterized by low density residential lots in rural areas where city-like concentrations of people, structures, streets and urban level or services are absent, and where small farms aze intermixed with low density residential lots. The proposed rezoning would meet this criteria as the Property is located in a rural azea with low density residential lots, and is designated for Low Density Urban development under the County of Hawaii's LUPAG map. In addition, school sites are permitted uses in the RA district with the issuance of a use permit. 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 Background and County Environmental Report Page 7 Application for Change of Zane (TMK: 1-4-59:77) Nanawale Estate Co. policies and the specific concerns of the Puna community. The proposed action would be consistent with the goals, policies and standazds of several functional areas or elements of the CDP as follows: Housing: Courses of Action • Aid and encourage the development of a wide variety of housing choice for this azea. • 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. Public Facilities: Education CDP Recommendation • School sites should be reserved at the following general locations over the next fifteen years, in collaboration with [he Department of Education, with development to proceed as needed: Elementary/Library: Royal Hawaiian/Ohia Estates 22.5 mile Eden Roc/Fem Acres Waikahekahe Ola'a Hawaiian Paradise Pazk Nanawale Discussion: Of the three public school complexes in the Puna District (Keaau, Mt. View and Pahoa), Pahoa High and Elementary School has witnesses the most significant change. The Department of Education has maintained the present K-12 program at Pahoa High and Elementary School, and the recently opened Keonepoko Elementary School has eased some of the burden. However, with the continued growth of student enrollment, it is projected that additional acres of land is required to house Background and County Environmental Report Page 8 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. the increasing student population from surrounding communities. The Property is free from flooding and drainage problems, its terrain is flat, and is located in an azea with appropriate street and driveway location which will minimize traffic interference and pedestrian hazazd thereby enabling safe access for vehicles and pedestrians. The proposed 12-acre parcel also meets DOE standazds for an elementary school site, will relieve the existing taxed physical facilities at Pahoa High & Elementary School, and provide a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community. The requested rezoning would therefore foster the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 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 Settine Located on the wetter windwazd 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 aze 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 Settine The topography of the Property is relatively flat, with an average grade of zero to 6%. The soils in this general azea aze classified as the Papai extremely stony muck (rPAE) series, characterized by a surface layer comprised ofwell-drained, thin, extremely stony organic soils over Background and County Environmental Report Page 9 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. fragmental A'a lava. Permeability is rapid, runoff is slow, and erosion hazazd is slight. Papai soils aze usually used for woodland, with small areas 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 area as containing lands of importance to agriculture. ImuactsT and Mitieation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.3 Natural Hazards e 'n 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-yeaz 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 azeas include the azeas on both sides of the northeast and southwest rift zones, where lava flows have covered approximately 20 percent of the azea during the past 750 years. 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. Facts and Miti ag lion. The Property is not within any flood or tsunami hazards zone. Although the Property is located in the area 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 hazards. Background and County Environmental Report Page 10 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. 3.1.4 Air and Noise Quality etti Air. The air quality in the Puna district is lazgely affected by air pollutants from natural rather than vehicular 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. Noise. Noise in the general area is associated with vehicular sources within the subdivision. Noise generated by additional traffic within the proposed ten 1-acre residential-agricultural lots should be minimal. The surrounding areas maybe subjected to additional noise during construction of future educational facilities, associated outdoor school activities, and additional vehicular sources during the morning and afternoon school hours. Impacts 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. Ambient noise associated with outdoor school activities, and morning and afternoon drop-off and pick-up of student will be minimal since school activities will occur primarily within enclosed buildings, and the noise generated by vehiculaz sources will be limited to a few morning and afternoon hours. 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES ttin 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 Mit~ation None. Because the entire Property has been previously disturbed, any surface or subsurface azchaeological remains aze unlikely. Background and County Environmental Report Page 11 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna t in 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. Imnacts 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 Bettina The Property has remained in its natural condition. The Property is not listed as a distinctive and identifiable land form distinguished as landmarks or as having a frontyazd vista of distinctive feature as identified in the General Plan within the Puna District. Imnacts and Mitiga ion 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 and 12-acre future educational facilities site, will continue to serve as a form of "open space" in the area. 3.4 SOCIO-ECONOMIC RESOURCES Bettina Puna's population has shown to be one of the fastest growing azeas 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 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. Background and County Environmental Report Paget 2 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. Impacts and Mitigation 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 Settine The Property abuts one-acre residential lots along its northern, southern, eastern and western boundaries. The Declaration 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 Declaration further provides that the Property maybe used for school purposes (see Exhibit 4, "Declaration of Protective Restrictions, Condition and Reservations for Unit No. 2".) 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. Impacts and Mitig to ion None, as no adverse impacts to surrounding uses and properties aze anticipated as a result of the proposed development of the Property. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access e i The Pahoa-Kapoho Road intersects Nanawale Boulevazd, the vehicular entrance route leading into the Nanawale Estates Subdivision. Nanawale Boulevard and Kehau Road aze County owned and maintained roadways, having a 40-foot wide paved roadway within a 60-foot wide right-of--way. Kapuna Road which abut the Property along its western boundary is a private subdivision roadway, owned and maintained by the Nanawale Community Association, having a 40-foot wide right-of--way. Impacts and Mitigation It is not anticipated that the proposed action will generate any significant daily vehicular trip counts along the Pahoa-Kapoho Background and Counry Environmental Report Page 13 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. Road and Nanawale Boulevazd which are generated by subdivision residents. It is anticipated that additional vehiculaz traffic will be generated at the future school site during the morning and afternoon school hours. 4.2 Water System in County water service is currently not available to the Property. The nearest County waterline is located along Nanawale Boulevard, south of the Property. The proposed lots will be serviced by private water catchment systems to be installed by individual lot owners in compliance with all applicable State and County regulations. Imnacts and Miti aP lion None. Individual lot owners will install private water catchment systems in compliance 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 tti 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. Imnacts and Mitig;ition 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 are 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. Background and County Environmental Report Page 14 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Imnacts and Mit' atg,, lion None required as adequate police and fire protection and medical services aze available. 4.5 Utilities et ~ Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Imnacts and Miti at; lion None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long-Term Productivity The proposed action will enhance the long-term productivity of the Property by: (1) placing the land into viable residential-agricultural lots and providing opportunities for successful intensive farming while maintaining the rural chazacter of the community and rural lifestyle, and (2) reserving a portion of the Property for the future development of public educational facilities thereby relieving the existing taxed educational facilities at Pahoa High & Elementary School, providing a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community, and fostering the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 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 are encumbered. Background and County Environmental Report Page IS Application for Change of Zone (TMK: 1-4-59:77) Nanawale Esta[e Co. 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, and recommends the development of an elementary school site in Nanawale. In addition, the Nanawale Community Association, Inc., through its Board of Directors, supports the proposed project (see Exhibit 7, Nanawale Community Association letter.) Keeping the area in status quo would be contrary to the goals, policies and standazds 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 5. 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 6. Background and County Environmental Report Page 16 I L ~ JI t ~ f ~ 4~ ~ ~ ' Y~ x P~k ~l yin T ~ ~1 ~ _ . ~ ~ , : L. I q- ~ ~ r R f ~ ..o V n q YM1P 17' l ~e C T f MI ! q~ E - ~7a~~, I T•` ~ ~ I ~ ' ~ ~ 7 ~ 1 a s+ ~ I ppcc ~ iI~ • i o~ o - ...e . . ' ' -y Y~' 'g' ~ o o o.,.,, .o ~ _ ` d j~'~,. S Nanawale Estates PUUA, PUNA, HAWAI I TM.K.i-4-35-66,75-77, 79-89 - `Gina m Surveying anO Mapping EXHIBIT 2 LOCATION MAP 3 g e2~ r.^ t ii ~l~ f1 las 8•v .T~ ~ 3 Q 3 r.a. x ~ as o~m uxn - o,xnt ru rss~ >n.rxrx e~ li 1 tJ C n ©S m'* ~ © e x ~t dv ~ ~ 1j ? ~ • • \ y • e a j ? e ? . ? o I o y y i a a l,a fo ? E F.~ _ I rt' M a E i} rl:° RI }t ~I +I t ~i i :6 p EF ~I ~ i• ~t ^4 ® s s ....,i.., rte.., .~i ,r \ ©~µe ` ~ \ i jt\t;\• ~ ~ 1 \ 0 0 0 0 = ? %P -0 o + Y 'fi l eO ? ~.a~~ !1 s,3(1~ a< ai~~t - ,~t';~'o~m :I~ ,a"- ai!? ;I :I~~ - '~t :I © O O © © m i:~t . A a :Ii 4- g j4 0 11 \ 'T$ g } ti a 1 is I. i~: . ie i? 9w' a a9 } a sl !i~' ~ :1 a47T :I 7} °7 t; a~y ii• p: - o 'L_. i 4 F r~ a O a y I 'i ~ a W 3 4 r~ j Vl \ T I ti i l V ~t y ~ a OD ~xl/ f~.l ~a Ml'un ~'1'N'l 1'i/4'M'.. ~ i. ' EXHIBIT 3 TAX MAP A ~I`o' Z a ad o ~ too'I ~ loeo toeD Ine nl~ r uld n>d < nDZ a>c ud> lly0~ IiCO r ~ r K ' r~ To .n.ndk a.a I»- cA r u N A aee2oOn b o .13T.~d Idi~v> Idl.'1'~ w 16T~» 161.'l-J 121.G ~9L" yC' e4D' ~iG D.~-t 2D.LC LD. fD e .J~ e ary p a 0 8 aD7 J~ ui U ai C ~ eao O n ~ ~ o e>2 v ~ , n p BGI a 0 T QP -'-I O o>f _ q o _ aax A m ra °.oo ID>.oo ~ to9.oo- aa~.oo fl Dao ~ ~ ` s DM ~ o O O e o Q Ox1 0 ` N ~ r aaC ° ~ o " c eLo A a c I 11' x' Ddz 2d>.op t - Y DL1 CdL.oo dLL.O> aaC t'~'1- x' .a.. o4S.co exc a<i ~ ~ ozy ~ r edo 0 a eza _ A ed> ~ ~ Deb 6so Q O 0 Dtc o LOT 4~G'n o L OSl Q O . ~.OQ9 ACS. ~ ex f U~ ~'oY 61d-L0~11UG To AG -5~~ ase D2o 6c> el'J Go' ey+ e t o 'C•'A.OO K.'A.DO 1 / 12,49 6C 6> tT' °i G' OLC.00 ro ~A.n+o n.a. - K E.. K A u T2 o A b Ico.~..~j cF n~~;;) 9 O L_ _ ~ Q rot Tot loD 7oa -J S70 Gn G>I C>x c9> GG'I `„-,ALL PARK z ~ Y owULR UAti1AW ALG ESTnTLS cn. p201°OSED L'O1JE. CHP~IJG~ ' 9tcven 5. C. lam Atty G>rl~mlih 7yi LOT BaG 21 Wa. ~nU C1UC AvvWC. rtilo, Naua~l oc'rrn L~AUAWAI_~ GST AT E.S SU°JbiV l~l01J - ULIIj' Z u.c:. i~ua., Fl-I~~, 151ond of :-townll, H~wou .•I".••"•~. ~x.v / TNrC O^d, 1-6. 30'T1 o~.tobe,r eL, looo EXHIBIT 7 `"~I~i~ °~rvLy ~d P,~ Wj Ywn~y, sm~w p /v ~~cL, lll. r, o. em. ecj Hilo. n~~ii SITE PLAN T .i ' c. laration o£ r"rotec five 5estrrc uc - and Reservations Por Unit N ^.awale Estates 1610 - 28th Street, Bakersfield, California KNC'N ALL MEN BY THESE PRESENTS, That the undersigned, SOHN E. DUFF, C. MAZZ IE, FRANK GOLDMAN and DONALD C. KENDALL, as General Partners of NANA'd.4 LE ESTATES CO., a Limited partnership, are owners in fee simple of all that certain real property situated in Puua, Puna, County of Hawaii, and mare particularly described as follows: A11 that certain parcel of land (being a portion of Royal Patent 7788, Land Commission Award 8452, Apana 15. to A. Keohokaole) situate about 6,000 £eet north- erly from Pahea-Kapoho Main Government Road at Puua, in the District of Puna, Coun- ty and Island of Hawaii, State of Hawaii, comprising lots one (1) to one thousand two hundred and eighteen (1,218), inclusive of the tract of land known as the "Nanawale Estates Subdivision, Unit 2", as shown on the Map thereof filed in t'ne Bureau of Conveyances at Honolulu as File Plan No. 780 and containing an area of 334.580 acres. , That for the purpose of reo3lating the improvement, uses. occupancy and main- tenance o£ slid tract of land, a uniform plan of con ditior.s, restrictions and re- servations has been adopted to be imposed and binding upon the subsequent owners, their heirs and assigns, of each and every parcel thereof, which conditions and re- strictions are hereby declared to be as follows= I. USES OF PROPERTY A. Except as oche rvi se herein provided, all lots in the tract shall be known and described as residential 1o+.s and shall be used for single family residence purposes only. B. Exceptions: 1. Lots numbered 65 to 72. inclusive, 79 to 94, inclusive, 101 to +_30, inclusive, 330 to 367. inclusive, 371 to 402, inclusive, 582 to 590, inclu- sive, 604 to 612, inclusive, 837 to 852, inclusive, 859 to 890, inclusive, 897 to 912, inclusive, and 1030 to 1055, inclusive, may be used for multiple _ family or residential inco-e purposes. 2. La is numbered 73 to 78, inclusive, 95 to 100, inclusive, 358 to 370, inclusiv=, 403 to 405, inclusive, 453 to 498, irc lusive, 475 to 477, inclu- sive, 503 to 505, inclusive, 591 to 603, inclusive, 774 to 778, inclusive, 853 to 950, inclusive, 891 to 896, inclusive, may be used for business, com- mercial and mercantile purposes. 3. Lots numbered 314, 436, 1056 and 1216 may be used fot park and recre- ation. nurooses. 4. Lot numbered 490 may be used for park and fire station nurpo see. 5. Lots numbered 230 and 667 may be used for church and religious pun- ~ poses. ~ 6. Lot numbered 836 may be used for school purposes. u II. GE VE RAL 3UILDSNG RE ST. RICTIONS ~ A. '!rr'MPORARY OR SE?A RA 1'E Ito?ROVE?E NTS: No trai le r,~ tent, shack, garage or ~ other outbuildings shall be used for living purposes on any lot beyond completion F of a permanent structure, or one year, whichever comes first. ~ t B. CONSTRUCTION TIC SPAN: Construction of any building or structure or F addition thereto shall be prosecuted with reasonable diligence continuously from = C the time of original commencement until fully completed, which time shall not ex- x ~ teed one (1) year. w ~ C. SIZE: No residence shall contain less than eight hundred eighty (880) . square feet of enclosed living area, exclusive of the carport or garage. ~ D. MATERIALS: All material used in the construction of any improvement ~ upon any portion of the lots shall be new material, except that used decorative i ' materials may be utilized to enhance the appearance o£ the improvement. E. SEWAGE DISPOSAL: No building shall be used for any permitted residen- , tial purpose provided herein unless the premises are provided with adequate, mod- i ern plumbing appliances. A11 bathroom and toilet conveniences shall be inside or part of the main building, and all plumbing fixtures, dishwashers, washers and sewage disposal systems shall be connected with a cesspool, septic tank or sewer. No outside privies shall be erected, maintained or used upon any part of said prop- erty except only that a temporary chemical type privy may be permitted during the course of construction of buildings, but not for a period longer than the actual construction. F. FOUNDATIONS: CIO conventional subfloor framing shall be exposed from anY G, p,E IGHT: No building shall be constructed that will exceed two (2) sto- - ries or twenty-four feet in height from the highest -'nt of the land within the perimeter of the n building. ~ H. BUILDING PERMIT: No work shall be commenced ups,: the construction of any improvement until a building permit has been ohtained from the Public Works Depart- \ meat of the County of Hawaii, as required by law or ordinance, and the permit mum- \ ber given to the NanawaLe Association office. I. SETBACKS: A11 buildings or any part thereof, shall be erected and main- tained in compliance with the County of Hawaii Code pertaining to setbacks. J. 'd ATEHLINES: Any parson or persons intending to install a waterline through an easement shall r.o tify the owner of such property through which it will pass, 'oy advance, written statement of intention, and obtain written permission tcorn Nanawala Community association should it 'oe necessary to cross any association road or to proceed along the shoulders thereof. All waterlines shall be buried to the depth and in such mannac zs specified by the County Coae; shall be indicated on each Lot plan; and the installing property owner shall be responsible for the r?turn of the excavated era.; to its original condition. The owner or contractor small be responsib Le for arranging with the Board of '.V ater Supply for meter instal- lation and connection. The Nan aw ale Community Association shall not be held re- sponsible for damage to any .H ate rlinas in the course of road maintenance or other activities if installation does not con£o rm to the provisions o£ this paragraph. III. NUISANCE A. NOISE: A11 sources of sound shall be lowered £rom 10:00 PM until 9:00 :LY1 Sunday through Thursday. and from 12:00 M until 8:00 AM Friday and Saturday nights and nights preceeding holidays. At all other times sound shall be held at a rea- sonably appropriate lev=_L commensurate with the environment. 9. RGBBISH aND TRASH: Yo r.e of the Lots or roadways shall pe used or main- ..ained as a dumping ground for discarded or fro perative vehicles, household trash or garbage. No such material shall ~oe accumulated except in appropriate, covered, sanitary containers. No ,^.u?sauce shall be pe rnitted to exist anon any lot so as .a be offarsive or detrimental to any property in the vicinity thereof or to its occupants. C. ANi>IA LS: No animals except the usual household pets (excludes goats and barnyard animals) shall be kept on any lot, and such pets shall be kept re asp nobly restricted so as not to ~oecome a nuisance or annoyance. Commercial kennels are prohibited. iV. PROP_°RTY DA6IACc A. ASSOC IATIGN PROPERTY: Anyone damaging, defacing, removing, excavating c^ van dalizirg any Common aria such as, but not limited to, the Community Center, ecuipmant, plantings, roads and shoulders, etc., shall 'oe held monetarily liable fcr damage and/or subject to prosecution. V. EXCcPTIONS AND Rr.Sc RVATIONS .4. cASc:~NTS: There is hereby excepted and reserved to Nanawale estates C~ „ a limited partnership, its successors and assigns, an easement and right of ay and the ^ignt to enter upon, over, under and through a strip five (9) :net is width along the entire rear and both side lines of each and @very lot in said prop- erty for the purpose of installing, constructing, inspecting, operating and replac- ing telephone, telegraph, electric light and power poles, wires, cables, lines o£ undo rg round conduits, sewage Wipes, gas and water pipes, and other similar facili- tie_s and equipment; also e:<cepting and reserving the right to convey or lease the whole or any portion o: such easements, rights of way or rights of entry to any person, fi_rn, corporation or municipal 'oo dy. vi. NAf+P.ilAi:. COi:^4UNITY aSSOCIATiON, It:C. S.:N A'W ALE COM`CUNITY ASSCC T_AT1CN, INC., a 'r, a•.vaii non-profit corporation (he reinaftar called the "ASSOCiatior.") is an association o: property owners, organized as a non- ,~:ofit organization under rho laws of Hawaii for the puroo se of enforcing any and aL1 of the restrictions, conditions and reservations placed upon the prone rty by tr:is Decla r,.tion and for tiro puroo se of maintaining the community improvements t;:ereon. .411 owners o; lota in the property covered by this Declaration shall be mem'oers o: said Association and shall be subject to the Articles and Bylaws of said association. 'P hat said protective provisions, liens and charges are as follows: A. Cri:'.RGES AFU ASSSi;hIENTS: All of said property covered by this Declat- a?ion (except the portions thereof which have been dedicated, offered for dedica- tion or set aside for use as streets, parks, parkways, community buildings, com- munity playgrounCs, or otherwise for the general use and benefit of the owners of said property or reside nts thereon) shall be subject to assessment as provided for in the Bylaws of the Association. B. LIEN FCR ASSESS'~'NTS: The Association shall have the right, but shall be under no duty to file for record with the Bureau of Conveyances, State of Y.awaii, at any time within 120 days after delinquency, a claim of lien for the amount of all such charges or assessments, together with penalties as aforesaid which shall have become delinquent. The aggregate amount of all such charges, assessments and penalties shall constitute a lien upon such lot and all improve- ments thereon, from the date that a claim of lien is so recorded, and such lien shall be prior to any and all existing or pre-existing liens and encumbrances, ex- cept the lien of any encumbralce theretofore made in good faith and for value. Upon payment in full of the amount of all such charges and assessments, together with penalties as aforesaid, the Association shall file for record a proper re- lease of any claim of lien theretofore recbrde d; and such release so recorded shall fully protect any title company or other persons insuring the title to such lot, and any purchaser or encumbrancer far value, relying thereon. C. PURPOSES OF ASSE5555.`~TS: All moneys received or collected in payment of the forego i..^.g charges and assessments shall be used only for those purposes for which the Corporation is chartered and as provided for in the Bylaws. D. cFi cCT OF ACCE?TANCE CF DEED OR CONTRACT OF SALE': The grantee under any conveyance, and the purchaser under any contract of sale, executed by NANA'dA L ESTATES CO., a limited partner shin, by the acceptance of such conveyance or con- tract of sale, covenants for himself, his heirs, executors, administrators, suc- cessors and assigns, that the Association shall have the right and powers herein reserved, and consents to ail nratec tive provisions, conditions, restrictions, covenants, liens and charges herein provided. 'III. RE!~•.'DIES A, wAI V'ER: No delay~or failure on the part of an aggrieved party to invoke an available remedy in respect to a violation or any provision of this declaration shall be held to be a waiver by that party of any right available to him upon the recurrence or coot i..^.u ante of said violation or the occurrence of a di £fe rent vie- lation. B. SEVE R4BILITY: Every provision of this Declaration is hereby dec'_ared to be independent of, anal sever =_'o 1e from every other provision of this Declaration. If any such provision shall be held to be invalid or unenforceable, or not to run with the land, that holding shall 'oe without effect upon the validity, enforceabil- ity or running of any other provision of this Declaration. C. C.4PT IO:tiS: All captions in this Declaration are for convenience only and do not in any 'way limit or amplify the provisions hereof. VIII. SCOPE AND DURATION CF RESTRICTIONS .4. That all of the covenants, conditions, restrictions and charges set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the owners thereof as a Hart of a general plan for the pro tec +.ion, develop- ment, maintenance and improvement of said property, and said covenants, conditions, restrictions and charges shall run with the land and continue and be in full force and effect in per ne tufty; provided, however, that said restrictions may be removed, altered or amended at any time by written agreement executed and recorded by the then record owners of not less than s'_xty-five per cent (65~) of the lots in said pro ne rty then subject to this Declaration. IR. ENFCRCESW NT OF RESTRICTIONS A. DECLARANTS OR ASSOCIATION .'FAY ENFORCE: Violation of any of the cove- , ..^.ants, conditions, restrictions or other provisions herein contained shall give to Nanawale Estates Co., a limited partnership, and/or the Association, the right to enter upon the property upon or as to which said violation exists, and to summar- ily abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof; aid Nanawale c-states Co., a limited partnership, and/or the Association shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. I 1 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII A.~PLICATION FOR CP_ANGE OF ZONE L. 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? Entire parcel ten (10) 1-acre lots b. Into what lot sizes? one (1) 12-acre lot for future development of a public/private educational facilities c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision olans to the Planning Department for preliminary approval? Within one year 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 Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend co subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application See Exhibit 1, form. Site Plan 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Se11 or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) EXHIBIT 5 P.D. 2 5/84 ZONINGOUESTIONNAIRE f. If you intend to do either a, b, c, please elab~__ce 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 transfez the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By expanding the availability of 1-acre parcels for both diversified agricultural and related residential uses. 4. Are [here any buildings on [he subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Zs the subject land currently being used for any agricultural activity? N~ 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? Yes 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 1e~~es or other forms of assurance lc 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. If you do not intend to subdivide the subject land for some sort of Subject propert agricultural purpose, please state your other reasons. to be subdivide 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No The proposed school site will have access on to If so, what kind? Kehau Road which is a County owned and maintained roadway having a 40' wide paved roadway within a 60' ROW. Access for the remaining 10 1-acre lots will have access off of Molokai, Kapuna and Niihau Roads, with 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 a. Schools X X b. Roads X c. Sewer d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other R For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. See attached authorization letter Signature: Address: P.O. Box 3006, Bakersfield, CA 93385 Telephone: (S10) 527-3729 Date: November 24, 195.8 -4- NANA[hALE COMMUNITY ASSOCIATION, INC. y RR~ BOX 2250 • PAHOA, HAWAII 96778-9703 • TELEPHONE (808 965-8080 I ~ Working to keep ;Yanawa/e (he Big is/andls mns! Aeautifu/ community. December 3, 1997 Carlsmith Ba11 Wichman Case & Ichiki P.O. Box 686 Hilo, Hawaii 96720 RE: Dedicated School Sites Nanawale Estates Subdivision ATT: Steven S.C. Lim Dear Sir: The Board of Directors discussed the school sites and their last board meeting held December 2nd. They were in agreement as far as accepting the 12 acres site for a future elementary school and to support NECO's efforts to sell off the remaining property in one to five acre lots. The only stipulation the Nanawale Community Association has is to reserve the right to collect assessments from the sold lots. If you have further questions, please call. Sincerely, NANAWALE COMMUNITY ASSOCIATION, INC. ~~f B. Marwick Administrator EXHIBIT 7 NANAWALE COMMUNITYASSN. LETTER DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII D DATE : July 29, 1999 r= ~Le~ra~aordu,~t = - =a TO PLANNING DEPARTMENT FROM ~S~NGI RI G ISION `7 SUBJECT CHANGE OF ZONE APPLICATION (REZ 98-2T, 28 8:29) 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 EXH1811f ~i ~fl~,.~4e. I DEPARTMENT OF PUBLIC WORKS - COUNTY OF HAWAII HILO, HAWAII DATE : December 17, 1998 i~~t4Z~~ TO PLANNING DEPARTMENT . C~~-~-~ ~ FROM ~NGINEERfNG ON r,. G ~ 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 O~.Z4'~2