Loading...
HomeMy WebLinkAboutCOM 0777.000 1998-2000 \1N1.4 0!..~ rL William G. Davis Stephen K. Yamashiro Managing Director Mayor Henry Cho ~rE oF•N~++ ( ( + 1 Deputy Managing Director ~D It~ 1 of Anfun- 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 • (808) 961-8211 i -Fax (808):961-6553: % , KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax(808)326-5663 May 1, 2000 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: State Land Use Boundary Amendment Application (SLU 99-013) Request: Agricultural to Urban Change of Zone Application (REZ 99-029) Request: A-1 a to MCX-20 Applicant: Stephen P. Chase Tax Map Key: 1-5-7:80 Change of Zone (REZ 818) Applicants: David and Doris Greer Request: Repeal Ordinance No. 96 48 Tax Map Key: 2-6-8:19, 26, 27, 29,36 & 39 and Por. of 28,31-34,37,38 and 2-6-29:14 & 15 Proposed Street Names Honomu Village Tax Map Key: 2-8-13 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. Yam shiro Mayor 777 Comm. No.~, nA L042000may ~ ~/M Enclosures - On file in the Office of the County Clerk File No. cc: Planning Department pG Ref. To: Ref. Date MAY 9 20011 tv OF Stephen K Yantashiro Mayor ~OFNF'~ (9D1YXC1 of cl- PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720-4252 (808) %1-8288 • Fax (808) %1-%15 MAY 0 1 12000 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: Change of Zone (REZ 818) Applicants: David and Doris Greer Request: Repeal Ordinance No. 96 48 Tax Map Key: 2-6-8:19, 26, 27, 29, 36 & 39 and Por. of 28, 31-34, 37, 38 and 2-6-29:14 & 15 The Planning Commission, after a duly held public hearing on April 20, 2000, voted to recommend for your approval the proposed legislative bill to repeal Change of Zone Ordinance No. 96 48 by reclassifying approximately 288 acres of land from Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) to Agricultural (A-20a) and Open (O). The property is located between the Wailuku River and Pukihae Stream immediately mauka of the Clem Akina Park and Dodo Mortuary, approximately 367 feet mauka of Wainaku Street, Puueo, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting the change of zone to repeal Ordinance No. 96 48 and return the properties to their original zoning of Agricultural and Open. The action will reclassify approximately 288 acres of land from Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) to Agricultural (A-20a) and Open (O). The applicants are proposing to revert approximately 276.314 acres from RS-7.5 to A-20a, 9.7963 acres from CN-10 to A-20a, and 2.129 acres from RS-7.5 to Open. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County, but ultimately, on the future development of the whole island. The approval of this request would be in keeping with the following goals, policies and standards of the General Plan: Economic Element * Provide residents with opportunities to improve their quality of life. * 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. * The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. * The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, through the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies. Land Use Element * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 * 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. Land Use Element. Agriculture Section * Identify, protect, and maintain important agriculture lands on the island of Hawaii. * The County shall assure that development of important agricultural land shall be primarily for commercial agricultural use purposes. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan represents 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 spatial relationships among various land uses and the expressed policy statements of the document itself. The LUPAG Map, in essence, establishes the basic land use pattern for areas within the County. The subject rezoning action conforms to the LUPAG Map which designates the area for Low Density Urban Development. This designation allows for uses single family residential in character, ancillary community and public uses, and convenience type commercial uses. While the location of the property and its proximity to the urban center makes it appropriate for possible future residential and neighborhood commercial uses, the current market and economic conditions mitigate against such a use at this time. The use of the property for agricultural purposes will not substantially deviate from the Low Density designation. In addition, the use of the property for agricultural purposes will not irretrievably commit the property to a use that will make the property unfit for urban uses in the future and allow alternative uses for the property when market conditions make urban uses more appropriate. Therefore, the purpose of the LUPAG Map as a long-range guide will not be frustrated. Per Ordinance No. 96 48, C. Brewer Properties, Inc. had originally proposed to develop a master planned community of 800 lots ranging in size from 7,500 to 20,000 square feet, a central community center, an elementary school site, and an eight acre expansion to Clem Akina Park, but abandoned the project due to economic reasons, and sold the properties to the applicants on September 30, 1999. The applicants are requesting the repeal of Ordinance No. 96 48 to return the properties to their original zoning of Agricultural and Open. The action will reclassify approximately 288 acres of land from Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 to Agricultural (A-20a) and Open (O). The applicants are proposing to revert approximately 276.314 acres from RS-7.5 to A-20a, 9.7963 acres from CN-10 to A-20a, and 2.129 acres from RS-7.5 to Open. Various development options were reviewed in light of the existing zoning and land use boundary designations, current market conditions, and physical attributes of the land. As a result, the applicants concluded that developing the site for residential or commercial uses at this time was not feasible. The majority of the site will be used for the raising and harvesting of tropical fruit trees, as current market conditions do not appear to justify the expenditure of substantial infrastructure costs (as stipulated in the ordinance), and the property is still well-suited for agricultural pursuits. At this time, there are no plans to subdivide or develop the properties for residential or commercial uses. Tropical fruit trees will be cultivated on approximately 280 acres which comprise the net useable acreage. Clearing of the site has already commenced for the planting of fruit trees, including Rambutan, Lychee, Longar and Mangosteen. Presently, there are approximately ten acres of Rambutan trees, and sixty more acres have been cleared for planting of Rambutan, Lychee, Mangosteen, and Longar. One hundred acres will be planted by July, 2000 and the balance will be planted over a period of two to three years. The initial harvesting of tropical fruit is not expected to occur until several years later. The Land Study Bureau's Overall Master Productivity Rating is "C" or Fair. According to the ALISH classification system, the soil in the area is classified as Prime Agricultural Lands. This includes lands which are best suited for the production of food, feed, and forage crops. This site has the characteristics needed to produce sustained high yields economically when treated and managed according to modern farming techniques. The potential for agricultural production on these lands is very high. The subject properties are situated within close proximity to schools, commercial areas, employment centers and public safety services. Surrounding properties are zoned A-20a to the north and west, Open to the south, and RM-1, A-20a and A-3a to the east. Neighboring properties include single-family dwellings, macadamia nut orchards to the west, a former Hawaii Sugar Planter's Association experimental station and vacant former sugar cane fields. Pukihae Stream borders the properties to the north, and Wailuku River borders the properties to the south. To the east is Dodo Mortuary, Clem Akina Park, and residential properties. The proposed change of zone would complement the existing agricultural land uses, and be consistent with the uses in the immediate vicinity. The properties are located close to the Hilo urban center where police, fire and emergency medical services are available. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 All utilities and services are or will be made available to the project site which are essential to accommodate urban development. Access to the properties is from a private easement road which begins at the end of the paved section of Amauulu Road. Abandoned sugar cane roads traversing the property also provide access to interior portions of the property. As this request is to revert the existing Residential and Commercial zoned districts to the Agricultural and Open districts, significant increases in traffic are not anticipated. Water, other utilities and services are available to the site. The project has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The subject properties are located between Wailuku River and Pukihae Stream, immediately mauka of Clem Akina Park and Dodo Mortuary, off Amauulu Road, and are former cane lands previously owned by C. Brewer and Co., Ltd. Since 1990, much of the land has remained fallow with some of the land used for short-term agricultural crop production, including ginger and truck farming. Renewing agricultural uses on the site would make use of the properties' highest potential and maximize current market and economic conditions. Using the properties for agricultural purposes would also assist in the goal to diversify agricultural pursuits, provide economic stability for East Hawaii and increase the productivity of the land. According to the Flood Insurance Rate Map (FIRM), the site is within Zone X, an area determined to be outside the 500-year flood plain. The subject properties are also located outside of any tsunami inundation area. Any new construction or improvements to the project area must comply with Chapter 27 of the County Code relating to Flood Hazard Control. The site has been previously developed and, therefore, no endangered or threatened species of floral or fauna nor any archaeological sites are anticipated to be found on the properties. Based on the above findings, it is recommended that a favorable recommendation be forwarded to the County Council to repeal Ordinance No. 96 48 and change the district classification from a Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) to the Agricultural (A-20a) and Open (O) zoned districts. For your favorable consideration, an amendment to Section 25-8-32 (South Hilo District Zone Map) and Section 25-8-33 (City of Hilo Zone Map) of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, ~k zee;(~ 8 Richard B. Baker, Jr., Chairman Planning Commission LgreerO1 PC Enclosures cc: Thomas L. H. Yeh, Esq. David & Doris Greer Department of Public Works Department of Water Supply Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu BGreer0l.doc - 4/14/00 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DAVID AND DORIS GREER REPEAL OF CHANGE OF ZONE ORDINANCE NO. 96 48 (REZ 818) Application to repeal Change of Zone Ordinance No. 96 48 by reclassifying approximately 288 acres of land from Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) to Agricultural (A-20a) and Open (O). The property is located between the Wailuku River and Pukihae Stream immediately mauka of Clem Akina Park and Dodo Mortuary, approximately 367 feet mauka of Wainaku Street, Puueo, South Hilo, Hawaii, TMK: 2-6-8:17, 26, 27, 29, 36 & 39; portions of 28, 31-34, 37 & 38; and 2-6-29:14 & 15. GENERAL INFORMATION 1. Land Ownership: The properties are owned by David and Doris Greer. CHRONOLOGY 2. January 5, 1994: The State Land Use Commission approved a petition filed by C. Brewer Properties, Inc. (LUC Docket No. A92-680) to reclassify 288.24 acres of land from the State Land Use Agricultural to Urban District at Puueo, South Hilo. 3. June 5, 1998: Effective date of Ordinance No. 96 48 (after compliance with Condition B), which rezoned approximately 288.24 acres of land from Agricultural (A) and Open (O) to Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) at Puueo, South Hilo. Ordinance No. 96 48 was adopted pursuant to a request by C. Brewer Properties, Inc. to develop a master planned community of 800 lots ranging in size from 7,500 to 20,000 square feet, a central community center, an elementary school site, and an eight acre expansion to Clem Akina Park. Of the 21 conditions imposed in the ordinance, Condition B (assurance of water source) has been satisfied with the acceptance of a hydrological study by the Department of Water Supply. (See Exhibit A - Ordinance No. 96 48) 4. August 16, 1999: C. Brewer Properties, Inc. submits their 1999 Annual Report to the State Land Use Commission pursuant to Condition No. 16 of Docket No. A92-680 1 effective January 5, 1994. The report indicates severe downsizing of the company due to adverse market conditions, sale of stock transferring majority interest in the company, and status of compliance with conditions. (See Exhibit B - C. Brewer Properties, Inc. 1999 Annual Report) APPLICANTS' REQUEST 5. Request: The applicants are requesting the repeal of Ordinance No. 96 48 to return the properties to their original zoning of Agricultural and Open. The action will reclassify approximately 288 acres of land from Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) to Agricultural (A-20a) and Open (O) as follows: approximately 276.314 acres from RS-7.5 to A-20a, 9.7963 acres from CN-10 to A-20a, and 2.129 acres from RS-7.5 to Open. The applicants acquired title to the properties on September 30, 1999 and various development options were reviewed in light of the existing zoning and land use boundary designations, as well as current market conditions and physical attributes of the land. As a result, the applicants concluded that developing the site for residential or commercial uses at this time was not feasible. The majority of the site will be used for the raising and harvesting of tropical fruit trees, as current market conditions do not appear to justify the expenditure of substantial infrastructure costs (as stipulated in the ordinance), and the property is still well-suited for agricultural pursuits. At this time, there are no plans to subdivide or develop the properties for residential or commercial uses. 6. Project Description and Time Frame: Tropical fruit trees will be cultivated on approximately 280 acres which comprise the net useable acreage. Clearing of the site has already commenced for the planting of fruit trees, including Rambutan, Lychee, Longan and Mangosteen. One hundred acres will be planted by July, 2000 and the balance will be planted over a period of two to three years. The initial harvesting of tropical fruit is not expected to occur until several years later. 7. Supportive Information: (See Exhibit C - Change of Zone Application) STATE AND COUNTY PLANS 8. SLU: Urban. 2 9. GP Consistency: Economic and Land Use Elements. 10. GP LUPAG Map: Low Density Urban. This designation allows for uses single family residential in character, ancillary community and public uses, and convenience type commercial uses. 11. County Zoning: Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10). 12. SMA: The subject properties are not located within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Subject Properties: The subject properties are located between Wailuku River and Pukihae Stream, immediately mauka of Clem Akina Park and Dodo Mortuary off Amauulu Road, and are former cane lands previously owned by C. Brewer and Co., Ltd. Since 1990, much of the land has remained fallow with some of the land used for short term agricultural crop production, including ginger and truck farming. Presently, there are approximately ten acres of Rambutan trees, and sixty more acres have been cleared for planting of Rambutan, Lychee, Mangosteen, and Longar. The properties have a gentle slope of approximately 10 per cent with some steeper slopes along gulches and streams, including Mokupau Stream, Kiohoole Gulch, the Wailuku River on the southern boundary, and Pukihae Stream at the northern boundary. The properties are part of the 62-lot Puueo Farm Lots Subdivision which was created in December, 1985. Within the project site, but excluded from this request, is Amauulu Camp zoned RS-7.5 and a vacant lot northeast of Dodo Mortuary zoned A-20a. 14. ALISH: Prime Agricultural Land. 15. FIRM: Zone "X", area determined to be outside the 500-year flood plain. 16. U.S.D.A. Soil Type: Hilo Series (HoC and HoD) which consists of well-drained silty clay loam series with slopes between 10 and 20 per cent. The surface layer is dark brown silty clay loam about 12 inches thick. Permeability is rapid, runoff is slow to medium, and the erosion hazard is slight to medium. The soil is primarily used for sugarcane. 17. Land Study Bureau Soil Rating: "C" or Fair. 18. Archaeological Resources: Since the site was previously used for the production of 3 sugarcane, the likelihood of any archaeological features is remote. 19. Flora and Fauna: The site was substantially altered by long-term sugarcane cultivation, therefore, impacts to flora and fauna are expected to be minimal. 20. Surrounding Zoning and Land Uses: Surrounding properties are zoned A-20a to the north and west, Open to the south, and RM-l, A-20a and A-3a to the east. Neighboring properties include single-family dwellings, macadamia nut orchards to the west, a former Hawaii Sugar Planter's Association experimental station, and vacant former sugar cane fields. Pukihae Stream borders the properties to the north, and Wailuku River borders the properties to the south. To the east is Dodo Mortuary, Clem Akina Park, and residential properties. PUBLIC SERVICES AND FACILITIES 21. Access: The properties are presently accessed by a private easement road which begins at the end of the paved section of Amauulu Road. Abandoned sugar cane roads traversing the property also provide access to interior portions of the property. 22. Water: According to the applicants, water is available to the site from an existing 10- inch waterline along Wainaku Street. 23. Other Essential Utilities and Services: Police, fire protection and emergency medical services are available at the Hilo Police Department Headquarters and the Hilo Central Fire Station. Electricity and telephone are available to the site. AGENCIES' COMMENTS 24. Department of Public Works (March 30, 2000 Memo): "We have reviewed the subject application forwarded by your memo dated February 29, 2000 and have no comments or objections to the request." 25. Department of Water Supply (April 3, 2000 Memo): "This rezoning request will create parcels requiring less water than the current zoning; however, many of the parcels still remain outside of the Department's service. Additionally, the Department is not obligated to install a dedicable water system to these parcels." 4 26. Police Department (March 6, 2000 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 27. Fire Department (March 9, 2000 Memo): "We have no comments on the above-referenced Change of Zone Application." 28. Real Property Tax Office (March 8, 2000 Memo): "There are no comments at this time. "Current - Real Property taxes are paid through June 30, 2000." 29. State Department of Transportation, Hawaii District (March 20, 2000 Memo): "Not Applicable". 30. State Department of Transportation: (See Exhibit D - March 24, 2000 Letter and April 4, 2000 Applicant's Response Letter) 31. State Land Use Commission: (See Exhibit E - March 21, 2000 Memo and April 4, 2000 Applicant's Response Letter) AGENCIES - NO COMMENTS 32. Department of Health, State Historic Preservation Division PUBLIC COMMENTS 33. The department has not received any comments or objections from the public on the request. 5 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 197 (Draft 5) ORDINANCE NO. 96 4S AN ORDINANCE AMENDING SECTION 25-113 (SOUTH HILO DISTRICT ZONE MAP) AND SECTION 25-114 (CITY OF HILO ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (O) AND AGRICULTURAL (A-20A) TO SINGLE FAMILY RESIDENTIAL (RS-7.5) AND NEIGHBORHOOD COMMERCIAL (CN-10) AT PUUEO, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-08:17,26,27,29,36, 39 AND PORTIONS OF 28, 31, 32, 33, 34,37 AND 38 AND 2-6-29:14 AND 15. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-113, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Puueo, South Hilo, Hawaii, shall be Single Family Residential (RS-7.5): Parcel "A": Beginning at a Northeastly corner of this parcel of land, and being the Southeast comer of Parcel B, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Halai" being 4,737.56 feet North and 839.74 feet East and thence running by azimuths measured clockwise from true South: 1. 161 ° 40' 18.86 feet along the remainder of grant I p5, A 71 . 3 i. . to B. Pitman; 2. 262° 27' 394.53 feet along Lot 1, same being also portions of Commissioners of Crown Lands to Thomas Spencer; Grant 185, Ap. 2 to B. Pitman and R.P. 4687, L.C. Aw. 4809, Ap.2 to Moses Lo; 3. 343° 45' E7 1 ffeee~ttlong the remainder of a portion of A t Commissioners of Crown Lands to Thomas Spencer; 4. 42° 22' 26.80 feet along Lot 2, being a portion of Commissioners of Crown Lands to Thomas Spencer; 5. 7° 59' 30" 27.00 feet along Lot 2, being a portion of Commissioners of Crown Lands to Thomas Spencer; 6. 360° 00' 67.35 feet along Lot 2, being a portion of Commissioners of Crown Lands to Thomas Spencer; 7. 67° 48' 64.80 feet along Lot 1, being a portion of Commissioners of Crown Lands to Thomas Spencer; 8. 101 ° 45' 106.90 feet along Lot 1, being a portion of Commissioners of Crown Lands to Thomas Spencer; 9. 88° 57' 164.00 feet along a portion of Grant 185, Ap. 2 to B. Pitman; 10. 351 ° 37' 283.00 feet along a portion of Grant 185, Ap. 2 to B. Pitman; 11. 358° 56' 40" 42.50 feet across Amauulu Road; 12. 358° 57' 67.54 feet along a portion of Grant 185, Ap. 2 to - B. Pitman; 13. 268° 57' 163.49 feet along a portion of Grant 185, Ap. 2 to B. Pitman; 14. 177° 20' 59.98 feet along a portion of Grant 185, Ap. 2 to B. Pitman; 15. 267° 14' 30.19 feet along the South side of Amauulu Road: 16. 357° 3 1' 58.28 feet along Lot B, being a portion of Commissioners of Crown Lands to Thomas Spencer; 17. 0° 20' 48.70 feet along Lot 1, being a portion R.P. 4841, L.C.Aw. 8069 to Haaloa; 18. 20° 00' 132.59 feet along a portion of Grant 185, Ap. 2 to B. Pitman; 19. 14° 00' 254.00 feet along a portion of Grant 185, Ap. 2 to B. Pitman; Thence the Agricultural District Boundary follows edge of agricultural field for the next seventeen (17) courses, the direct azimuths and distances between points along said meandering line being: 20. 91 ° 54' 200.00 feet; 21. 81 ° 43' 200.00 feet; 22. 84° 14' 200.00 feet; 23_ 66° 00' 200.00 feet; 24. 69° 40' 200.00 feet; 25. 81 ° 30' 200.00 feet; 26. 74° 50' 200.00 feet; 27. 46° 50' 200.00 feet; 28. 32° 41' 200.00 feet; 29. 44° 20' 200.00 feet; 30. 29° 44' 200.00 feet; 31. 45° 50' 200.00 feet; 32. 50° 02' 200.00 feet; 33. 50° 12' 200.00 feet; 34. 71 ° 38' 200.00 feet; 35. 72° 52' 200.00 feet; 36. 70° 05' 210.00 feet; 37. Thence following along Lot 32 of Puueo Farm Lots, said lot being portions of Commissioners of Crown Lands to Thomas Spencer and Kamehameha IV to Thomas Miller and being also along the middle of stream, the direct azimuth and distance between points along said middle of stream being: 111 ° 04' 20" 751.67 feet; Thence along Lot 31 of Puueo Farm Lots, said lot being portions of Karne:aarneha IV to Thomas Miller and Grant 185, Ap. 1 to B. Pitman and being also along the middle of a stream for the next four (4) courses, the direct azimuths and distances between points along said middle of stream being: 38. 109° 54' 400.20 feet; 39. 156° 18' 582.90 feet; 40. 87° 24' 157.00 feet; 41.- 163° 34' 361.02 feet; 42. 1110 04' 281.16 feet along Lot 31 of Puueo Farm Lots, same being also portions of Kamehameha IV to Thomas Miller and Grant 185, Ap. 1 to B. Pitman; 43. 1 17° 50' 30.00 feet along Lot 31 of Puueo Farm Lots, same being also portions of Kamehameha IV to Thomas Miller and Grant 185, Ap. 1 to B. Pitman; 44. Thence along Lot 52 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman on a curve to the left with a radius of 1000.00 feet, the chord azimuth and distance being: 194° 15' 469.72 feet; 45. 180° 40' 403.83 feet along Lot 52 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman; 46. 190° 06' 482.47 feet along Lot 41 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman; 47. Thence along Lot 41 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman, on a curve to the left with a radius of 250.00 feet, the chord azimuth and distance being: 157° 34' 268.90 feet; 48. 125° 02' 214.60 feet along Lots 41 and 40 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman; 49. Thence along Lot 41 of Puueo Farm Lots, same being also portions of Commissioners of Crown Lands to Thomas Spencer and Grant 185, Ap. 1 to B. Pitman, on a curs,-- to the right with a radius of 160.00 feet the chord azimuth and distance being: 159° 13' 179.79 feet; Thence along R. P. 4475, L.C.Aw. 7713, Ap. 17 to V. Kamamalu and also being along the middle of Pukihae Stream -5- for the next twelve (12) courses, the direct azimuths and distances between points along said middle of stream being: 50. 269° 47' 425.18 feet; 51. 216° 01' 296.99 feet; 52. 225° 47' 550.86 feet; 53. 298° 01' 693.97 feet; 54. 325° 12' 310.19 feet; 55. 233° 02' 910.48 feet; 56. 296° 05' 460.59 feet; 57. 225° 49' 234.03 feet; 58. 282° 08' 478.00 feet; 59. 237° 44' 294.61 feet; 60. 290° 52' 862.78 feet; 61. 285° 52' 107.24 feet; 62. 26° 50' 450.75 feet along portions of Commissioners of Crown Lands to Thomas Spencer and portion of Grant 185, Ap. 2 to B. Pitman; 63. 94° 00' 51.52 feet along Lot 1, same being also portions of Conunissioners of Crown Lands to Thomas Spencer; Grant 185, Ap. 2 to B. Pitman and R.P. 4687, L.C. Aw. 4809, Arp 7 to Moses Lo; 64. 161 ° 40' 14.27 feet along the remainder of Grant 185, Ap. 2 to B. Pitman; -6- 65. 1 13° Of 312.21 feet along the remainders of Grant 185, Ap. 2 to B. Pitman and R.P. 4666, L.C.Aw. 4659, ie Ap. 1 to Papa; 66. Thence along the remainders R.P. 4666, L.C.Aw. 4659, Ap. 1 to Papa and Grant 23 to B. Pitman, on a curve to the left with a radius of 355.00 feet, the chord azimuth and distance being: 85° 23' 30" 329.58 feet; 67. 57° 44' 109.15 feet along the remainder of Grant 23 to B. Pitman; 68. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 16° 52' 30" 39.25 feet; 69. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right with a radius of 425.00 feet, the chord azimuth and distance being: 343° 35' 45" 112.11 feet; 70. 351 ° 10' 30" 250.78 feet along the remainder of Grant 23 to B. Pitman; 71. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with a radius of 775.00 feet, the chord azimuth and distance being: 346° 11' 15" 130.71 feet; 72_ 341° 21' 91.21 feet along the remainder of grant 23 to B, Pitman; 73. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 296° 21' 00" 42.43 feet; -7- 74. 251 ° 21' 707.83 feet along the remainders of Grants 23 and 185, Ap. 2 to B. Pitman; to the point of beginning and containing a gross area of 297.299 acres and a net area of 276.314 acres (more or less), after deducting the following described Exclusions 1 and 2; (Refer to Parcel "A," Exclusions 1 and 2 as shown on Exhibit "A.") Exclusion 1: Beginning at the Northwest corner of this Exclusion, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 5523.23 feet North and 168.40 feet East and thence running by azimuths measured clockwise from true south: 1. 288° 15' 440.27 feet along remainder of Grant 185, Ap. 2 to B. Pitman; 2. 348° 00' 175.00 feet along remainder of Grant 185, Ap. 2 to B. Pitman; 3. 104° 00' 385.25 feet along remainder of R.P. 4666, L.C.Aw. 4659, Ap. 1 to Papa; 4. 159° 30' 230.45 feet along remainder of Grant 23 to B. Pitman to the point of beginning and containing an area of 1.604 Acres; and Exclusion 2: Beginning at the Southeast comer of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 3577.19 feet North and 162.63 feet West and thence running by azimuths measured clockwise from true South: 1. 87° 00' 244.63 feet along remainder of Grant 23 to B. Pitman; 357" 00' 100.00 feet along remainder of Grant 23 to B. Pitman. -8- 3. 92° 00' 290.11 feet along remainder of Grant 23 to B. Pitman; 4. 183° 06' 268.25 feet along remainder of Grant 23 to B. Pitman; 5. 98° 30 569.68 feet along remainder of Grant 23 to B. Pitman; 6. 186° 00' 770.59 feet along remainder of Grant 23 to B. Pitman; 7. 273° 30' 655.00 feet along remainder of Grant 23 to B. Pitman; 8. 354° 00' 490.00 feet along remainder of Grant 23 to B. Pitman; 9. 267° 11' 30" 307.48 feet along remainder of Grant 23 to B. Pitman; 10. 347° 18' 30" 198.30 feet along the remainder of Grant 23 to B. Pitman and across Amauulu Road; 11. 267° 37' 179.77 feet along the South side of Amauulu Road; 12. 36° 50' 396.90 feet along the remainder of Grant 23 to B. Pitman and containing an area of 19.381 Acres. The district classification of the following area situated at Puueo, South Hilo, Hawaii, shall be Neighborhood Commercial (CN-10): Parcel "B": Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "Halal" being 4,737.56 feet North and 839.74 feet East, and ruining by azimuth measured clockwise from true South: l . 71 ° 21' 00" 707.83 feet along the remainders of Grant 185, Ap. 2 and Grant 23 to B. Pitman, -9- 2. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 116° 21' 00" 42.43 feet; 3. 161 ° 21' 00" 91.21 feet along the remainder of Grant 23 to B. Pitman; 4. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right with a radius of 775.00 feet, the chord azimuth and distance being: 166° 11' 15" 130.71 feet; 5. 171 ° 10' 30" 250.78 feet along the remainder of Grant 23 to B. Pitman; 6. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the left with a radius of 425.00 feet, the chord azimuth and distance being: 163 ° 35' 45" 112.11 feet; 7. Thence along the remainder of Grant 23 to B. Pitman, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 196° 52' 30" 39.25 feet; 8. 237° 44' 00" 109.15 feet along the remainder of Grant 23 to B. Pitman; 9. Thence along the remainders of Grant 23 to B. Pitman and R.P. 4666, L.C.Aw. 4659, Ap. 1 to Papa, on a curve to the right with a radius of 355.00 feet, the chord azimuth and distance being: 265° 23' 30" 329.58 feet; 10. 293° 03' 00" 312.21 feet along the remainders of R.P. 4666, L.C.Aw. 4659, Ap. 1 to Papa and Grant 185, Ap. 2 to B. Pitman; 11. 341 ° 40' 00" 380.57 feet along the remainder of R_P. 4666, L.C.Aw. 4659, Ap.l to Papa, to the point of -10- beginning and containing an area of 9.7963 Acres, more or less. (Refer to Parcel "B" as shown on Exhibit "A.") SECTION 2. Section 25-114, Article 3, 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 Puueo, South Hilo, Hawaii, shall be Single Family Residential (RS-7.5): Parcel "C": Beginning at the Northeast comer of this parcel of land, on the West side of Wainaku Street, the coordinates of said point of beginning, referred to Government Survey Triangulation Station "Halai" being 4,851.64 feet North and 1,559.40 feet East, and running by azimuth measured clockwise from true South: 1. 341 ° 40' 313.19 feet along the Westerly Side of Wainaku Street; 2. 94° 00' 367.64 feet along the Northerly side of Clem Akina Park, same being portion of Commissioners of Crown Lands to Thomas Spencer; 3. 163° 45' 236.77 feet along the remainder of portion of Commissioners of Crown Lands to Thomas Spencer; 4. 262° 27' 337.41 feet along Lot 1, same being portion of Commissioners of Crown Lands to Thomas Spencer; to the point of beginning and containing an area of 1129 Acres? more, „i. less. (Refer to Parcel "C" as shown on Exhibit "A.") -ll- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3. These changes in district classification are conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Within three years from the enactment of this ordinance, the applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and the State Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity can be established. The effective date of the changes in district classification(s) shall be the date on which the Planning Director has certified such assurances to be satisfactory. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water source(s) of sufficient quality and quantity can be established at the designated location(s). The actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Notwithstanding the provisions of Condition R, residential building permits shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits may be issued for model home complexes, provided that such model homes will not be occupied until the approved water source is developed. C. Subdivision plans for any portion of the project site shall be submitted to the Planning Department and Final Subdivision Approval shall be secured within five (5) years from the effective date of the rezoning as determined in Condition B -1~- B of this ordinance. A master plan of the proposed development shall be submitted with plans for subdivision review. The proposed subdivision shall not exceed a maximum limit of 800 residential lots. D. Traffic signalization shall be installed by the applicant at the Wainaku Street/Wailuku Street intersection and the Hawaii Belt Road/Hau Street intersection as warranted by traffic studies which shall be submitted by the applicant every two years from the effective date of final subdivision approval for any residential or commercial portion of the subject property and meeting with the approval of the Department of Public Works. E Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval/ requirements of the Department of Public Works. In conjunction with final subdivision approval for any residential or commercial portion of the subject property, the applicant shall: 1. Construct the main access corridor of the subject property to an 80-foot wide right-of-way with curb, gutter, and sidewalk improvements from its intersection with Wainaku Street, which location shall be determined by the Department of Public Works, up to and fronting that portion of the subject property that is being subdivided. All county dedicable standard roadways within the subject property shall be constructed with curb, gutter, and sidewalk improvements meeting with the approval of the Department of Public Works. 2. Construct the channelization and signalization at the project site's main access/Wainaku Street intersection no later than the occupancy of any residential unit. -13- I . To prevent the use of Amaulu Road as a vehicular thoroughfare, the applicant shall install a breakaway gate where the applicant's ownership of the subject property begins and meeting with the requirements of the Department of Public Works. 4. Provide off-street parking within the subject property to compensate for the loss of any off-street parking on Wainaku Street between Lehua Street and Iliahi Street. F. To provide for future connections to adjacent properties, the applicant shall provide at least one 60-foot wide right-of-way stub-out in addition to the main access corridor abutting to the subject property's western boundary, constructed to dedicable standards including curb, gutter and sidewalk improvements, to the parcels abutting the subject property's northern boundary prior to final subdivision approval for the affected portion of the subject property. G. All electrical and communication utilities lines within the road rights-of-way of the subject property shall be placed underground. H. The location of the school site, if applicable, shall meet with the approval of the Planning Director, in consultation with the State Department of Education and shall be reflected on the master plan of the subject property which will be submitted with plans for subdivision review. I. An overall Landscaping Master Plan, which includes landscaping along the property's frontages along Wainaku Street and the open areas along the Wailuku River, and a program of maintenance of the Landscaping Master Plan, shall be submitted with the subdivision plans for the proposed development to the Planning Director for review and approval, in consultation with the Chief -14- Engineer prior to Final Subdivision Approval of any portion of the proposed development. The Landscaping Master Plan shall include mitigation measures to address potential visual impacts from the proposed development to any public road and adjacent properties (e.g. views from adjacent lots along the Wailuku River) through design controls, lot sizes, landscape buffers and provisions for open space view corridors. As represented by the applicant, measures controlling the architectural and landscape character within the project shall be incorporated as part of the project's Covenants, Conditions and Restrictions (CC&R's). A draft copy of the project CC&R's shall be submitted to the Planning Director prior to final subdivision approval and a recorded copy shall be filed with the Planning Department. J. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division when it finds that sufficient mitigative measures have been taken. K To ensure the goals and policies of the housing element of the General Plan, the applicant shall secure the concurrence of the County Housing Agency that the applicant's affordable housing requirements have been mutually agreed to prior to final subdivision approval for any residential portion of the subject property. L. To ensure the goals and policies of the recreation element of the General Plan are implemented, the applicant shall: -15- 1. construct bike lanes, where appropriate, within the road rights-of-way to be dedicated to the County meeting with the approval of the Department of Public Works. 2. designate approximately eight (8) acre of land for a public recreational park within the makai (east) portion of the subject property and contiguous to Clem Akina Park, for active and passive recreational uses which shall be dedicated and accepted by the County of Hawaii prior to the occupancy of any residential unit within the subject property. The configuration and the construction of improvements, including but not limited to grading, grassing, fencing, the construction of multi-use ball fields, and parking shall meet with the approval of the Planning Department in consultation with the Departments of Parks and Recreation and Public Works, prior to the occupancy of any residential unit within the subject property. 3. submit drafts of documents for dedication of the 8-acre park site to the County of Hawaii in conjunction with final subdivision approval for any residential portion of the subject property. M. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation , fire, police, solid waste disposal facilities, and roads. 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 final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of -16- additional proposed residential lots in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. In the event the fair share contribution is greater than is required of the increment (e.g. dedication of the park), the excess amount will be credited toward future increments of the subject property. The fair share contribution shall have a maximum combined value of 57,239.16 per lot. Based upon the applicant's representation of intent to subdivide and develop up to 800 residential lots, the indicated total fair share contribution is $5,791,328.00, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition M. The fair share contribution shall be allocated as follows: 1. $3,490.85 per lot, for an indicated total of $2,792,680.00 to the County to support park and recreational improvements and facilities; 2. $168.40 per lot, for an indicated total of $134,720.00 to the County to support police facilities; 3. $332.61 per lot, for an indicated total of $266,088.00 to the County to support fire facilities; 4. $145.62 per lot, for an indicated total of S116,496.00 to the County to support solid waste facilities; 5. $3,101.68 per lot, for an indicated total of $2,481,344.00 to the State or County to support road and traffic improvements. -17- 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. The cost of constructing the improvements required in Conditions D, E, F, and L shall be credited against the sum specified in Condition M(1) for parks and recreation and in Condition M(5) for road and traffic improvements. For purposes of administering Condition M, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies. N. Restrictive covenants in the deeds of all the proposed residential lots shall prohibit the construction of an ohana or second dwelling unit on each lot within the subject property. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval and a copy of the approved covenant shall be recited in an instrument executed by the applicants and the County prior to final subdivision approval for any residential portion of the subject property. The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. 0. A Drainage Study of the subject property shall be submitted to the Planning Director in conjunction with plans submitted for subdivision review for any residential or commercial portion of the subject property. A drainage system and -18- improvements, as may be required, shall be constructed meeting with the approval of the Department of Public Works prior to issuance of Final Subdivision Approval for any portion of the subject property being subdivided into residential or commercial lots. P. A Solid Waste Management Plan shall be submitted and approved by the Department of Public Works prior to final subdivision approval for any portion of the subject property being subdivided into residential or commercial lots. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the proposed development. Q. Wastewater from the subject property shall be disposed into and connected to the County's Hilo wastewater system meeting with the requirements and approval of the Department of Public Works. R. In lieu of actual construction of infrastructural improvements as conditioned above, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel. Upon execution of such agreement and filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. S. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions -19- included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. T. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code; 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). U. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 4. In the event that any portion of this ordinance is declared invalid, such irivalidity shall not affect the other parts of this ordinance. -20- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: low COUNCIL MEM R, COUN OF HAWAII Hilo, Hawaii Date of Introduction: April 3, 1996 Date of I st Reading: April 3, 1996 Date of 2nd Reading: April 17, 1996 Effective Date: May 2, 1996 APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL DATED: -21 OFMC'E OF THE COUNTY CLEFak County of Hawaii Hilo Hawaii - 100 rii 2 r' j L t, (DRAF'r 5) ' ROLL CALL VOTE AYES , N 0ES ABS EX Introduced By: Takashi Domingo Arakaki x Date Introduced: April 3, 1996 Bonk-Abramson x First Reading. April 3, 1996 Published: N/A Childs X De Lima x REMARKS: Domino Osorio x Rath Ray x smith x 8 1 4__0 0 ROLL CALL VOTE Second Reading: April 17, 1996 AYES NOES ABS Fx To Mayor: April 18, 1996 Returned: May 2. 1996 Bork' X Effective: May 2, 1996 Bonk-Abramson Published May 10, 1996 Childs X De Lima x REMARKS: Domingo x Osorio x Rath x Ray x Smith x 7 1 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. COUNCIL CHAIRMAN COUNTY CLERK Approved/ this day /,l 1/1 tom. 1 g Of U COUNTY OF HA WA 11 Bill No.: 197 (Draft 5) V Reference: C-888/pc-110 Ord- No. 6 ` HAWAII LAND & FARMING COMPANY, INC. August 16, 1999 Land Use Commission State of Hawaii P. 0. Box 2359 Honolulu, Hawaii 96804-2359 Re: Fifth Annual Report for Docket No. A92-680 C. Brewer Homes, Inc. fka C. Brewer Properties Inc Honorable Chairman and Members: We apologize for the lateness of this filing but due to continuing adverse market conditions the company now has only 3 employees. Late last year efforts were made to try and sell the company or attract new capital. For the past six months all efforts have focused on recapitalizing the company. On March 26, 1999, it was announced that approximately 3,000,000 shares of Class B stock were being sold to Milwaukee Holdings, LLC. This would give the buyer a majority interest in the company. The closing date for this transaction has been moved several times and is now expected to occur this month. Pursuant to Condition 16 in the Decision & Order in the above-referenced docket matter, the following is submitted as the fifth annual report on the status of the project. BACKGROUND: In our second annual report, we indicated that an application for a change in zoning for the subject property was filed with the County of Hawaii Planning Department on July 27, 1994. At its regular scheduled meeting of April 17, 1996, the County Council passed Ordinance No. 96-48 on second and final reading which provided for the change in the district classification from Open (0) to Agricultural (A-20a) to Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10). Said ordinance was signed into law by the Mayor of the County of Hawaii on May 2, 1996. Condition B of the Ordinance required that the applicant provide assurances that a water source of sufficient quality and quantity can be established within three years from enactment of the Ordinance. The Petitioner submitted a hydrological study by Waimea Water Services, Inc. in late 1997. On June 5, 1998 the County of Hawaii EXHIBIT B 255-A LAST WAIKO ROAD - WAILUKU, MAUI, HAWAII 96793-9355 • TEL (808) 242-6833 • FAX (808) 242-5316 • WEB www.HLandF.com Land Use Commission August 16, 1999 Page 2 accepted the hydrological study meaning the effective date of the Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10) district classifications is June 5, 1998. UPDATE ON COMPLIANCE TO L.U.C. CONDITIONS: The following paragraphs are the conditions set forth in the Decision and Order followed in each case by a brief description of efforts that are being made to comply with each stated condition. 1. Petitioner shall provide affordable housing opportunities for low, low- moderate, and gap-group residents of the State of Hawaii in cooperation with the State Housing Finance and Development Corporation considering the affordable Housing Guidelines, adopted by the Housing Finance and Development Corporation, effective July 1, 1992, as periodically amended, pursuant to an affordable housing plan approved by the County of Hawaii, which addresses proportionate household income distribution, location and other appropriate affordable housing policies as determined by the County of Hawaii. The location and distribution of the affordable housing or other provision for affordable housing shall be under such terms as may be mutually agreeable to Petitioner, the Housing Finance and Development Corporation, and the County of Hawaii. Response: Discussions continue with the County of Hawaii for the provision of affordable housing. The present proposal is for Petitioner to dedicate to the County or its designee 200 acres of unimproved lands at Kulaimano, approximately seven (7) miles from the petition area. Dedication of these lands will be made without cost to the County or its designee who shall undertake to make necessary on and offsite infrastructural improvements and subdivision of the land, such that improved single family lots may be sold to residents at the cost of improvements. The County of Hawaii is currently analyzing the best method for accepting conveyance of the land. On January 20, 1996, Petitioner filed its Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order, filed on January 5, 1994. The motion proposed to change the provisions contained in this Condition No. 1. The motion came on for hearing before the Land Use Commission on June 26, 1996. At said hearing, Petitioner submitted Petitioner's Exhibit P-X which contained an amendment to Condition No. 1 which was adopted by Land Use Commission August 16, 1999 Page 3 the Commission. Accordingly, this Condition No. 1 presently reads as follows: I'M Petitioner shall provide affordable housing opportunities for low, low-moderate and gap group income residents in the State of Hawaii to the satisfaction of the County of Hawaii. The location and distribution of the affordable housing or other provisions for affordable housing shall be under such terms as may be mutually agreeable between Petitioner and the County of Hawaii." A First Amendment of Declaration of Conditions setting forth the foregoing amended Condition No. 1 was filed with the Bureau of Conveyances on August 28, 1996, as document 96-124026. 2. If during construction, any previously unidentified sites or remains, such as artifacts, shell, bone or charcoal deposits, human burial, rock or coral alignments, pavings, or walls are encountered, work shall stop and the State Department of Land and Natural Resources, Historic Preservation division shall be notified immediately. Work in the immediate area shall remain stopped until the Historic Preservation Division is able to assess any impact and make further recommendations for mitigative activity. Response: Petitioner will comply with this condition. 3. Petitioner shall contribute to the development, funding, and/or construction of school facilities on a pro rata basis as a result of the development on the Property, as determined by and to the satisfaction of the Department of Education (DOE). Agreement by DOE on the level of funding and participation shall be obtained prior to Petitioner applying for County zoning. Response: By an Agreement between Petitioner and Department of Education, dated November 1, 1995, Petitioner agreed to the donation of certain lands and other consideration for the expansion of Ha'aheo Elementary School in satisfaction of this Condition No. 3. A copy of the executed Agreement was attached as Exhibit A to the second annual report. 4. Petitioner shall participate in the funding and construction of local and regional transportation improvements and programs necessitated by the proposed development, including dedication of rights-of-way, as determined by the State Department of Transportation (DOT) and County of Hawaii. Land Use Commission August 16, 1999 Page 4 Agreement by the DOT on the level of funding and participation shall be obtained prior to Petitioner applying for County zoning. Response: An agreement has been signed by the Petitioner regarding the level of funding and participation by Petitioner in local and regional transportation improvements and programs which are necessitated by the proposed development. 5. Petitioner shall fund and construct water source, transmission, and storage facilities and improvements to accommodate the proposed Project. Response: Petitioner will comply with this condition. 6. Petitioner shall participate in the funding and construction of adequate wastewater transmission and disposal facilities, on a pro rata basis, as determined by the State Department of Health and the County Department of Public Works. Response: Petitioner will comply with this condition. 7. Petitioner shall implement effective soil erosion and dust control measures both during and after construction. Response: Petitioner will comply with this condition during and after construction. 8. Petitioner shall fund and construct adequate civil defense measures as determined by the County and State Civil Defense agencies. Response: Petitioner will comply with this condition. 9. Petitioner shall notify all prospective buyers of property in the project that the Hawaii Right-to-Farm Act, Chapter 165, Hawaii Revised Statutes, limits the circumstances under which pre-existing farming activities may be deemed a nuisance. Response: Petitioner will comply with this condition, including the same in any sale offer or contracts. Land Use Commission August 16, 1999 Page 5 10. Petitioner shall participate in an air quality monitoring program as specified by the State Department of Health. Response: Petitioner will comply with this condition. 11. Petitioner shall cooperate with the State Department of Health and the County Department of Public Works to conform to the program goals and objectives of the Integrated Solid Waste Management Act. Response: Petitioner will comply with this condition. 12. Petitioner will fund the design and construction of drainage improvements required as a result of the development of the Property to the satisfaction of the appropriate State and County of Hawaii agencies. Response: Petitioner shall comply with this condition in conjunction with development of the project. 13. Petitioner shall establish a program to monitor groundwater, stream water, and ocean water quality as specified by the State Department of Health. Should any adverse impacts affect the area as the result of Petitioner's activities, Petitioner shall immediately implement remedial and corrective actions to the satisfaction of the State Department of Health. Response: Petitioner shall comply with this condition 14. Petitioner shall develop the Property in substantial compliance with the representations made to the Commission. Failure to do so develop the Property may result in reversion of the Property to its former classification, or change to a more appropriate classification. Response: As previously noted, in the letter from the Eric T. Maehara dated February 21, 1995, Petitioner's application for a change in zoning which was approved by the Hawaii County Council was in substantial compliance with the representations earlier made to the Commission; however, the proposed 4-acre neighborhood commercial site within the petitioner's area was expanded in the zoning ordinance to comprise a 10-acre neighborhood commercial site. The general location of the neighborhood commercial site remains the same site. Land Use Commission August 16, 1999 Page 6 15. Petitioner shall give notice to the Commission of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interests in the Property, prior to the complete development of the Property and as represented by the Petitioner. Response: As noted in the opening paragraph, the company announced on March 26, 1999 that a group of Class B Shareholders had agreed to sell approximately 3,000,000 shares of Class B stock to Milwaukee Holding, LLC, a Hawaii limited liability company affiliated with Hawaii developer Stanford Carr. This is an agreement between a number of the petitioner's shareholders and the buyer that will give the buyer a majority interest in the company. The transaction has not yet closed but may within the next few weeks. If that happens, formal notice will be given to the Commission. 16. Petitioner shall promptly provide without any prior notice, annual reports to the Land Use Commission, the Office of State Planning, and the County of, Hawaii Planning Department in connection with the status of the subject project and Petitioner's progress in complying with the conditions imposed. Response: This letter is in compliance with condition No. 16. 17. The Land Use Commission may fully or partially release these conditions as to all or any portion of the Property upon timely motion and upon the provision of adequate assurance of satisfaction of these conditions by Petitioner. Response: Petitioner shall submit a timely motion to fully or partially waive these conditions upon compliance with the same. 18. Petitioner shall obtain all other governmental approvals which may be required for the proposed Project. Response: Petitioner shall comply with this condition. 19. Within 7 days of the issuance of the Commission's Decision and Order for the subject reclassification, Petitioner shall (1) record with the Bureau of Conveyances a statement to the effect that the Property is subject to conditions imposed by the Land Use Commission in the reclassification of the Property; and (2) shall file a copy of such recorded statement with the Commission. Land Use Commission August 16, 1999 Page 7 Response: Petitioner has complied with this condition and has filed a copy of the recorded statement with the Commission. 20. Petitioner shall record the conditions imposed by the Land Use Commission with the Bureau of Conveyances pursuant to Section 15-15-92, H.A.R. Response: Petitioner has complied with this condition. If you have any questions or require any further information, please contact this office. Sincerely, Richard K. Prahler Vice President RKP:jh Enclosures (original and 2 copies) cc: Hawaii County Planning Department State Office of Planning Eric Maehara, Esq. Scott Okada, President, Hawaii Land & Farming Company Puueo-99 COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: David Greer and Doris Greer APPLICANTS' SIGNATURE: DATE: / - /Z- DATE: ®a ADDRESS: c/o Thomas L.H. eh, Tsukazaki Yeh & Moore 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720 LIST APPLICANTS' INTEREST, IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE: (Bus.) 808/961-0055 (Res.) (Fax) 808/969-1531 LANDOWNER(S): David Greer anEKalaEnian-ao ree LANDOWNER SIGNATURE(S : DATE: I - IfDATE: ®D LANDOWNER(S) ADDRE : 405 a Avenue, #309, Hilo, H wai 96720 REQUEST: To repeal Ordinance No. 96-48 and return property to original zoning of Open and Agriculture Districts. TAX MAP KEY: (3)2-6-08:17, 26, 27, 29, 36, & 39, and Portions of 28, 31, 32, 33, 34, 37, & 38, and 2-6-29:14 & 15. STREET ADDRESS OF PROPERTY: Presently, access taken through Amauulu Road, Puueo, South Hilo, Hawaii. SIZE OR PROPERTY OR AFFECTED AREA(S) TO BE REZONED: Net area of approximately 288.2393 acres. AGENT: Thomas L.H. Yeh, Tsukazaki Yeh & Moore ADDRESS: 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720 TELEPHONE: (Bus.) 808/961-0055 (Res.) (Fax) 808/969-1531 Please indicate to whom original correspondence and copies should be sent: ORIGINAL: Agent COPIES: Landowner EXHIBIT C ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No immediate plans to do so. 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? b. Into what lot sizes? 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? d. Do you intend to build houses on the newly created lots? If yes, please answer the following questions: On how many of those lots? At what approximate prince range? House Lot Total 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 form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? Not at this time. b. Sell or lease the land to someone who has tentative plans? Not at this time. C. Sell or lease the land to someone who has no plans? Not at this time. d. Keep it? Yes. It is possible that in the future only a portion of the land may be sold, but there are no immediate plans to do so. If there is any sale, it would likely be of existing tax keys or of consolidated/resubdivided tax keys. e. Other (please state). f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? No -2- How? 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of land per product. Presently, there are approximately 10 acres planted with Rambutan trees. Sixty more acres have been cleared and prepped for planting of Rambutan, Lychee, Mangosteen, and Longar. The plan is to cultivate tropical fruit trees on a total of approximately 280 acres which comprises the net usable acreage. 6. Was your request to allow for the creation of smaller agricultural lots? No If so, did your plan include the following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? C. Sufficient farm size to allow reasonable chance of success in commercial agriculture? d. Agricultural leases of other forms of assurance that -3- potential buyers or leases would put the subject area into some form of agricultural use. Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the able requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. S. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? 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 b. Roads -4- Yes No C. Sewer d. Drainage f e. Police Protection f. Fire Protection g. Recreational Facilities h. Public Utilities i. Other For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. There may be a need for installation of a waterline with increased capacity for seasonal irrigation requirements. Signature: Address: 2405 Kalanianaole Avenue, #309 Hilo, Hawaii 96720 Telephone: 808/961-0055 Date: January 18, 2000 -5- APPLICATION OF DAVID GREER AND DORIS GREER FOR ACTION TO REPEAL ORDINANCE NO. 96-48 TMK: (3)2-6-08, 17, 26, 27, 29, 36, & 39, and Portions of 28, 31, 32, 33, 34, 37, & 38, and 2-6-29:14 & 15 BACKGROUND AND ENVIRONMENTAL REPORT A. The Property and Existing Resources The subject property consists of former sugar cane lands previously owned by C. Brewer and Co., Ltd., and/or its subsidiaries. Since 1990, much of the land has remained fallow with some of the land used for short term agricultural crop production, including ginger and truck farming. The subject property was recently purchased by David Greer and Doris Greer, husband and wife, and title was acquired by them on September 30, 1999. 1. Site Characteristics The elevation of the property ranges from approximately 80 feet above sea level at the eastern or makai edge to approximately 400 feet above sea level at the western or mauka edge. The property has a general slope of about 10 percent with some steeper slopes associated with gulches or streams which form the drainage pattern for the property, including Mokupau Stream, Kiohoole Gulch, the Wailuku River on the southern edge of the property and Pukihae Stream at the northern boundary. 2. Soil The subject property consists of soil identified as a Hilo silty loam soil which is highly permeable and well drained. While the productivity rating of the soil is classified as fair or "C" under the 1967 Detailed Land Classification, it is also classified as "Prime Agricultural Land" under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system based upon an analysis which identifies a combination of characteristics such as soil quality, growing season and moisture supply. Annual rainfall in the area averages 125 inches or approximately 10-15 inches per month. 3. Flora and Fauna Based upon studies performed in conjunction with the residential rezoning application of C. Brewer Homes, 90-95 percent of the site was covered in old growth sugar cane. Since then, approximately 60 acres was farmed by independent farmers with short term licenses in ginger and other diversified agricultural products. The Applicant has also cleared 70 acres for the planting of tropical fruit trees. The balance of the site is covered with gulch vegetation consisting primarily of mixed introduced Forest species such as African tulip and Chinese Banyan and by dense mats of California grass. Of the 142 species of plants identified in the inventory, approximately 120 species were introduced, 9 are of Polynesian origin and 13 species are native, of which only 4 are endemic or native to the Hawaiian Islands. None of the plants recorded are listed as endangered or threatened. Continued agricultural use of the site will not have an adverse impact on botanical resources. A previous faunal survey of the property done in conjunction with the residential rezoning application also determined that mongoose, mice, and feral cats were observed. No special or unique habitat for birds was found on the property, given that the old growth sugar cane and streams bordered by exotic trees contained environments which are plentiful in Hilo and the Hamakua Coast. No indigenous non-migratory birds species were observed, although 10 species of exotic or introduced birds were recorded. It is possible that the Hawaiian Hawk or I'o may fly over the property or occasionally nest in the area, however such hawks are relatively common along the Hamakua Coast and agricultural fields in and around Hilo. Migratory shore birds such as the Pacific Golden Plover and Wandering Tattler are common in fields and streams. Due to the abundance of existing habitat for all reported species and historical use of the property, the continued agricultural use of the property will not adversely impact species distribution in the area or change previously existing habitat. 4. Historic/Archeological Resources In conjunction with the prior residential rezoning application, an archeological inventory survey was previously completed. Based on the results of the survey, which was focused on the uncultivated areas of the subject property, a single surface site in an unnamed gulch thought to be an early historical burial was found. This area is outside of the area planned for the continued agricultural use of the property and, therefore, would not be impacted by the proposed project. Most of the property has been substantially altered by long-term sugar cane cultivation and farming operations. However, should subsurface charcoal layers, middens or burial sites be uncovered during clearing or planting activities, the DLNR State Historic Preservation Division (SHPD) and the County Planning Department will be immediately notified. 5. ScenicNisual Resources While the present dormant use of the property would be somewhat altered, -2- to the extent that tropical fruit trees instead of old growth sugar cane would be seen, existing landscape features such as streams and valleys and gulches would remain unchanged. The visual character of the area would remain that of an agricultural or "green" landscape. It is not anticipated that any scenic view planes from any location will be adversely impacted. 6. Air/Noise Quality Due to predominantly northeast tradewinds, East Hawaii generally enjoys high air quality. It is not anticipated that significant air quality impacts will result from the proposed agricultural activity. At most, temporary impacts will include fugitive dust created by clearing activities during abnormally long periods of dry weather only. However, such impact will likely be limited to the subject property, given that it is bounded by gulches and streams and the transport of fugitive dust is not expected to carry over long distances. Additional temporary impacts would include emission from increased vehicle or motorized equipment activity of a limited nature during clearing preliminary to planting. The impact of the return of the property to agricultural use upon noise levels will be temporary only and primarily related to the use of equipment for clearing and planting. Such activities will be limited to daylight hours. No significant adverse noise impact is expected from normal operations. 7. Surrounding Properties Neighboring properties include single-family residential properties, macadamia nut orchards to the West, a former Hawaii Sugar Planter's Association (HSPA) experimental station, and vacant former sugar cane fields. The subject property is bounded on the north, south, and east by residential properties and fallow lands, and on the west by macadamia nut orchards. 8. Project Description and Time Frame It is the Applicant's plan to use the net usable acreage of the property for the raising of tropical fruit trees and the harvesting of tropical fruit. The Greers have already commenced with clearing of the property and the planting of tropical fruit trees such as Rambutan. The timetable for the project is to complete planting of 100 acres of the property by July 2000, and the balance over the course of 2-3 years. The initial harvesting of tropical fruit is not expected to occur until several years later. -3- B. Infrastructure 1. Water System An existing 10-inch water transmission system runs along Wainaku Street. As part of the plan for the agricultural use of the property, the applicant will be discussing its seasonal water irrigation needs with the Department of Water Supply and the development of a delivery system that runs through the subject property. 2. Drainage Under the Flood Insurance Rate Map, the subject property is outside of flood prone areas and does not include any areas subject to tsunami inundation. Surface drainage throughout the site ultimately flows into either Pukihau Stream or the Wainaku River. The topography of the property will not be altered by the planned agricultural use which will require only surface clearing nor will any changes to the existing surface drainage system occur. No significant adverse impacts to existing on site or off-site drainage basins and patterns are expected to occur. 3. Waste Disposal The proposed return to agricultural activities will not present additional demands upon the sewer system or waste disposal capacity of the County. No solid waste requirements of the agricultural use will occur beyond the refuse that will occur as a result of the farming activity. Disposal of this refuse can easily be handled by existing landfill and transfer sites. Similarly, the agricultural use will not generate sewer system requirements. Any residential or farm dwelling structures can be serviced by individual wastewater systems meeting the applicable standards of the Department of Health, i.e. septic tanks or cesspool systems. 4. Power/Communications Systems Electrical services to the area are available through Hawaii Electric Light Company and telephone communications are furnished by Hawaiian Telephone Company. Cable TV service is provided by Hawaiian Cablevision. Based upon the availability of present service capabilities, significant impacts are not expected to result from the proposed agricultural use and any ancillary permitted uses. -4- 5. Roads The property is presently accessed by a private road which begins where the paved section of Amauulu Road ends. Abandoned sugar cane roads traversing the property also provide access to interior portions of the property. Privately owned residences take access off of the main private road access. The planned agricultural use will not change, cutoff or affect existing access. The planned agricultural use will not significantly add to existing offsite traffic patterns, and will be less intensive than that previously experienced when sugar cane was in full production. C. Public Agencies 1. Police and Fire Protection The proposed agricultural use will not require any change in the level of police or fire protection or manpower requirements. 2. Schools and Parks The proposed use is not anticipated to result in any population change which will impact upon the school system or the existing recreational resources in the area. Labor requirements are expected to be filled from the local workforce. D. Previous Change of Zone Application On May 2, 1996, the County of Hawaii adopted Ordinance No. 96-48, which rezoned the subject property from the Open and Agricultural (A-20A) district to Single Family Residential (RS-7.5) and Neighborhood Commercial (CN-10). Ordinance No. 96-48 was adopted pursuant to the request of C. Brewer Homes, Inc., which had filed an application for change of zone on July 11, 1994, based upon its primary plans for the residential and commercial development of the subject property. Since 1996, market conditions and the economic situation in the East Hawaii area have continued to remain in a depressed state. Thus, the costs of developing the property pursuant to the rights contained in Ordinance No. 96-48 have not been justified by market conditions, and apparently C. Brewer Homes, Inc., determined that developing the property consistent with those rights was not appropriate in the foreseeable immediate future. The Applicant also does not envision developing the property for residential or commercial uses at the present time. -5- On the other hand, the opportunity for the diversification of agricultural pursuits has continued to grow, and part of the foundation for East Hawaii's economic stability continues to rest in agricultural pursuits. With the development of competing irradiation facilities, the potential for the export of tropical fruit products to the U.S. mainland and elsewhere is moving closer to fruition. It is the applicant's position that based upon current market and economic conditions, the more appropriate use of the property at the current time and for the foreseeable future is to put the property to use for agricultural purposes, primarily the growing and harvesting of tropical fruits. The Applicants have already invested time, effort and costs into the property in support of their belief that the property has the economic potential for tropical fruit production. E. Traffic Impacts Existing traffic consists of vehicles using Amauulu Road and a private roadway leading through the property as access for existing residential homes in the area and for farming activities. It is anticipated that there will not be any adverse traffic impacts generated by the proposed farming activities. The amount of traffic will primarily consist of farm vehicles and will be limited to approximately 5-10 vehicles per day. The amount of traffic will likely be less than that previously generated by sugar cane cultivation activities in the area. F. Conformity of Request for Repeal with State and County Plans 1. General Plan LUPAG Map. The County General Plan LUPAG Map designation for the property is Low Density Urban. While the location of the property and its proximity to the urban center makes it appropriate for possible future residential and neighborhood commercial uses, the current market and economic conditions mitigate against such a use at this time. The use of the property for agriculture will not substantially deviate from the Low Density designation. Moreover, the use of the property for agricultural purposes will not irretrievably commit the property to a use that will make the property unfit for urban uses in the future and allow for alternative uses to be made of the property when market conditions and other factors make urban uses more appropriate. As such, the purpose of the LUPAG Map designation as a long-range guide will not be frustrated, and pursuant to the Land Use Standards of the General Plan, the LUPAG Map would still be subject to existing zoning. -6- 2. Economic Goals and Policies Policies. The request is consistent with the General Plan's economic policies which include the following: "The County of Hawaii shall assist the expansion of the agricultural industry, especially diversified agriculture, to the protection of important agricultural lands, capital improvements and other programs, and continued cooperation with appropriate State and Federal agencies." "The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation." "The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors." "The County of Hawaii's land, water, air, sea, and people shall be considered as essential economic resources for present and future generations and should be protected and enhanced through the use of economic incentives." 3. Land Use Goals, Policies and Standards Land Use Goals "Protect and encourage the intensive utilization of the County's important agricultural lands." Land Use Standards "The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long-range guides to general location and will be subject to: a) existing zoning; b) State Land Use District; and c) the zone guide map and interpretation." "The zoning may be reallocated as to location within districts according to need with or without change in total zoned acreage." -7- Agriculture Goal "Identify, protect, and maintain important agricultural lands on the Island of Hawaii." Policies "Zoning shall protect and maintain important agricultural lands from urban encroachment. New approaches to preserve important agricultural land shall be implemented by the County." "The County shall coordinate and encourage efforts to solve problems of the agricultural industry in the County of Hawaii." South Hilo Agriculture While the property is located in the South Hilo area, the course of action for the North Hilo area has particular applicability: "Encourage large land owners in the district to make surplus important agricultural lands available for diversified agriculture." "Assist in the further development of diversified agriculture in the district." 4. General Plan Support Document Economic Agriculture "Competition from urban forces for agricultural lands has intensified. The protection of prime agricultural lands, however, has -8- long been a policy of the County of Hawaii. The opportunities for the expansion of agriculture on the Big Island seem to be immense. Export products grown mostly on the Big Island, such as coffee, papaya, macadamia nuts, and flowers have expanded rapidly over recent years. These commodities and others, such as ginger, papaya, and other tropical fruit have potential for growth. There are also new high value crops which have potential to be successfully cultivated here." Land Use Agriculture "The structure of commercial agriculture in Hawaii County is in a state of transition. While commercial agriculture was once dominated by sugar and ranching, trends indicate that the large number of small independent farmers producing a wide variety of commodities will play an increasingly important role in the future. At the same time, trends also indicate increasing efficiencies of operation resulting in over all reductions in land requirements." "As the prospects for sugar have declined and the acreages cultivated reduced, the large corporations have led the way in examining alternative uses for sugar land. Although large corporations initially investigated these commodities, in numerous instances smaller farmers have provided innovative and efficient approaches to realize their potential." "In light of the changes faced by commercial agriculture, the land use regulatory system must be examined to determine what adjustments will be required to allow the agricultural industry to make the change." 5. State Land Use District Classification The property is situated within the State Land Use Urban District. When the property was being analyzed for the residential development proposed by C. Brewer Homes, it received a district boundary amendment from the Agriculture to the Urban district. The Applicant is currently reviewing the issue of whether the Boundary should be amended back to the Agriculture district. -9- 6. Environmental Assessment and Analysis Relationship Between Local Short-term Use of the Environment and Maintenance and Enhancement of Long-term Productivity The renewed agricultural use of the property will continue to preserve options for long-term use and productivity. First of all, agricultural use will be consistent with the goal of preserving important agricultural lands and put the property to its most efficient use at the present time given current market conditions and community needs. The current demand for residential property does not justify committing the property to residential or commercial use at the present time. On the other hand, the potential for meeting the demand for tropical fruit and fruit products can be satisfied by the renewed agricultural use of the property while maintaining the option for residential or commercial use of the property in the future. 7. Mitigation Measures The impacts of the renewed agricultural use of the property are expected to be minor or nonexistent. So long as applicable regulations relating to such use are followed through the use of appropriate mitigation measures, such impacts will be nominal. The applicant is currently working with the Soil Conservation Service in relation to its clearing activities to avoid adverse impacts on drainage for flooding. Compliance with state and federal regulations regarding the application of herbicides or insecticides will assure that no adverse impacts upon water quality or health and safety will occur. 8. Alternatives to the Proposed Use The property is presently designated for Low Density urban use under the General Plan. While the prior rezoning proposal contemplated the use of the property for residential and ancillary commercial development, this is not presently a viable alternative and not cost efficient. In essence, pursuing this alternative would result in a waste of resources and an irretrievable commitment of the property to a certain use that is not appropriate at this time. The use of the property for a higher level of urban use is not presently warranted under either the General Plan or within contemplated future needs of the East Hawaii community. The use of the property for open space or conservation purposes would also be unjustified. No particularly sensitive or threatened or endangered ecological or -10- environmental resources exist on the property, particularly given its historical use for agriculture. No watershed concerns exist. Renewing agricultural use of the property would make use of the property which maximizes current market and economic conditions. The use of the property for agricultural purposes would also assist in the goal of the diversification of agricultural pursuits, assist in providing economic stability for East Hawaii and make the land more productive while preserving future options. No irreversible or irretrievable commitment of natural resources would occur if the renewed agricultural activity is fully implemented. -11- COUNTY OF HAWAII DEPARTMENT OF FINANCE REAL PROPERTY TAX DIVISION 865 Piilani Street - Hilo, Hawaii 96720 - - - REAL PROPERTY TAX CLEARANCE (rev. 12/96) Date-January 31, 2000 TMK(s): (3) various This to certify that * * * GREER, TR 1979* (Owner-of-record) has paid all real property taxes due the County of Hawaii up to and including December 31, 1999. This clearance was requested by David and Doris Greer. By eryTorrison, Cashier Real Property Tax Division N (0 OAHU W + E KAUAI MOLOKAI S HAWI MAUI C) HONOKAA HAWAII PROJECT SITE HILO KAILUA-KONA PAHALA ISLAND OF HAWAII NAALEHU ISLAND LOCATION MAP South Hilo, Island of Hawaii REPEAL OF ORDINANCE NO. 96-48 Applicant: Greer, David & Doris a ` h )Lau Hue Pomt K J ~m 599 700 Is A E ~bo K Crl III, I U, L, O. i p HILO BA Y P) Al O• Haah~o• + Camp it i'{r:r.: LA^ ~i P f: ( J 1 I ICI A K [i l J 11 \ o v Alealea Pt _tis tiV ) / ! 111 4 4' \ ti ~ z V _ t , ao I, oz RO ECT AR J, > j~ ;I n r in 1 iJ r` >ri`R, VI rici_ Mokupane Pt p BM 9 1r 90Hnwu.~ Cocoanut Pt Ott ~'y 1 - 5 ~~,i 1 f a , c \ Tj a ~ ~ ti- e~"11pp J .1 Mooheau lfaimukar?nka• ~ p, t J a(ls''f 1 ~P~ 1 / I a d\STATI Rrt'6uk. i'~9.. V~ 't eteran I (BM 'I a elatli eoonal to _ - a /Il a l 1Park 11j11 so t High SITE LOCATION MAP PUUEO, South Hilo, Island of Hawaii REPEAL OF ORDINANCE NO. 96-48 Applicant: Greer, David & Doris i w gIt ~ so ~ z~o~ R 1 g~3 ei - usj) ihL i ~ R ~O pngpF~~ ~ (S ~R N AS e gg: oo 1~ o 0, Q mat to 13 • \ - o I a r~ ~ O _ y ~i s j9 rFE ~ V ~s c e 6 ~ ~I • ~ \ R 'lI F 12 IP/ ~ ff e~ BENJAMIN J. CAYETANO Itvro T11RA"~ 6 O F N GOVERNOR rt a v I All f to 1 ? `wl. z Y~ ~ J* 1959..2000+ oe.w STATE OF HAWAII DEPARTMENT OF TRANSPORTATION KAZU HAYASHIDA 869 PUNCHBOWL STREET DIRECTOR HONOLULU, HAWAII 96813-5097 DEPUTY DIRECTORS BRIAN K. MINAAI GLENN M. OKIMOTO I IN REPLY REFER TO: HWY-PS 2.7764 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 818), David and Doris Greer, Request to Repeal Ordinance No. 96-48 Thereby Repealing the Single Family Residential 7.5 (RS-7.5) And Neighborhood Commercial (CN-10) Zoning and Reverting Back to the Agricultural (A-20a) and Open (O) Zoning, Puueo, South Hilo, Hawaii TMK: (3)2-6-8: 17, 26, 27, 29, 36 & 39; Por. of 28, 31-34, 37 & 38; 2-6-29: 14 & 15 Thank you for the opportunity to review the subject application. We have the following comments: 1. The applicant should be aware that the area is a potential site for either a mauka realignment of the State highway or the Komohana Street extension in the far future. 2. The Application for Zone Change on page 4, item 7, and the Background and Environmental Report on page 4, Section B2, Drainage, indicates that the applicant is not aware of the past drainage and flooding problems and potential problems during heavy storms. Previous agricultural operations and lack of adequate drainage improvements in the subject area resulted in storm water runoff overtopping State Route 19 and damage to both public and private property on both sides of the Wailuku River. The applicant should be EXHIB1? Ms. Virginia Goldstein HWY-PS 2.7764 Page 2 ViAR required to provide adequate drainage improvements and to continue consulting with the Soil Conservation Service to minimize erosion, storm water runoff, and siltation. No additional storm water runoff in the State highway right-of-way will be permitted. If you have any questions, you may call Ronald F. Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, Z17 r_'~ KAZU HAYASHIDA Director of Transportation Tsukazaki Yeh & Moore R. BEN TSUKAZAKI mtym4rbt@aloha.net ATTORNEYS AT LAW THOMAS L.H. YEH mtym4tly@aloha.net MICHAEL W. MOORE mtym4mwm@aloha.net A Limited Liability Law Company 100 PauaM Street Suite 204 Hilo, Hawaii 96720 Telephone: (808) 961-0055 FAX (808) 969-1531 April 4, 2000 Kazu Hayashida Director of Transportation State of Hawaii Department of Transportation 869 Punchbowl Street Honolulu, HI 96813-5097 Re: Change of Zone Application (REZ 818), David and Doris Greer, Request to Repeal Ordinance No. 96-48 Thereby Repealing the Single Family Residential 7.5 (RS-7.5) And Neighborhood Commercial (CN-10) Zoning and Reverting Back to the Agricultural (A-20a) and Open (O) Zoning, Puueo, South Hilo, Hawaii; TMK Nos. (3) 2-6-8: 17, 26, 27, 29, 36 & 39; Por. of 28, 31-34, 37 & 38; 2-6-29:14 & 15 Dear Mr. Hayashida: I have had the opportunity to review your March 24, 2000 comments and to discuss its contents in more detail with Toni Worster of your department, who authored the comments. This letter serves to clarify in more detail your department's position on the issues. Regarding the comments concerning the possible future expansion of the Komohana Street extension or mauka realignment of the Belt Highway, it is my understanding that there is no corridor that has been set for the location of these roads, and no timetable has been established. The sole purpose of the comments is to notify the applicant of the possibility of future improvements, but there is no request that there be any set aside, particularly given that there is no set corridor and no concrete long range plan for these improvements. Regarding the drainage issue, there have apparently been drainage events in the past. However, while the subject lands may have been involved, the events occurred when sugar cane production on it and surrounding lands was still occurring, with the exception of an event in the 1990s. The source(s) of the water likely encompass other watershed areas besides the subject property. The applicants cannot be responsible for drainage events emanating from lands they have no control over. S E.~•F. N9,, /.P` 1958 y BENJAMIN J. CAYEfANO I ESTHER UEDA GOVERNOR EXECUTIVE OFFICER f~ STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM LAND USE COMMISSION P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 March 21, 2000 - > Ms. Virginia Goldstein, Director Planning Department County of Hawai' i ' 25 Aupuni Street, Room 109 Hilo, Hawai' i 96720 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 818) Applicant: David and Doris Greer Request: Repeal Ordinance No. 96 48 Thereby Repealing the Single Family Residential 7.5 (RS - 7.5) and Neighborhood Commercial (CN-10) Zoning and Reverting Back to the Agricultural (A-20a) and Open (O) Zoning TMK Nos.: 2 - 6 - 8: 17, 26, 27, 29, 36, & 39 and Portion of 28, 31 - 34, 37 &38and2-6-29:14&15. We have reviewed the subject application to repeal Ordinance No. 96 48 to revert RS - 7.5 and CN - 10 zoning back to A-20a and O zoning for approximately 288.2393 net acres located in Puueo, South Hilo, Hawai' i. We confirm that the subject parcel is in the State Land Use Urban District. Based upon our review of the subject application, we would like to point out that the subject area was the subject of LUC Docket No. A92-680/C. BREWER PROPERTIES, INC., a Hawaii corporation ("Docket"), that reclassified approximately 288.240 acres from the State Land Use Agricultural District to the State Land Use Urban District as identified in the subject TMK Nos. C. BREWER PROPERTIES, INC. ("Petitioner"), proposed to develop a maximum of 1,000 residential units, a neighborhood commercial center, park and open space, and a school site (as needed by the State Department of Education). EXHIBIT J C:, . Ms. Virginia Goldstein March 21, 2000 Page 2 In the year 2000 annual report for the Docket, the Petitioner had notified the Commission that the new landowners, David Earl Greer and Doris Rochelle Greer ("Greers"), had expressed interest in pursuing agricultural activities rather than residential and commercial development in the Petition Area. It is our understanding that the Greers are reviewing the issue of whether the State Land Use Urban District boundary should be amended back to the Agricultural District as stated on page 9 of the subject application. We had informed the Petitioner that the new landowners will be requested to come before the Commission to provide a status report of their plans for the Petition Area. We have no further comments. Thank you for the opportunity to review and comment on the subject application. If you have any questions in regards to this matter, please contact me or Russell Kumabe of my staff at 587-3822. Thank you for your cooperation in this matter. Sincerely, ESTHER UEDA Executive Officer EU: as cc: Office of Planning Tsuka ;aki Yeh & Moore R. BEN TSUKAZAKI mtym4rbt@aloha.net ATTOkNEYS AT LAW THOMAS L.H. YEH mtym4tly@aloha.net A Limited Liability Law Company MICHAEL W. MOORE mtym4mwm@aloha.net 100 Pauahi Street Suite 204 Hilo, Hawaii 96720 Telephone: (808) 961-0055 FAX (808) 969-1531 April 4, 2000 Esther Ueda, Executive Officer Land Use Commission State Office Tower, Room 406 235 S. Beretania Street Honolulu, Hawaii 96813 Re: LUC Docket No. A92-680; Supplement to 2000 Annual Report Dear Ms. Ueda: Thank you for your letter dated March 21, 2000 concerning the above. First of all, we agree that the proposed agricultural use of the property constitutes a significant change from the uses previously proposed and that were the subject of the recent district boundary amendment. We can appreciate your questions and hope that this letter addresses your request for comments satisfactorily. Regarding the Petition Area as a whole, we wish to notify the Land Use Commission that in addition to the current request that the County of Hawaii repeal the zoning ordinance to revert the existing residential and related commercial zoning back to agricultural and open zoning, the Greers have decided that they will also request the Commission to amend or rescind its previous action to amend the Urban District boundaries and for a determination that the property should returned to its former agricultural designation. Please understand that the Greers have thought long and hard about taking these steps and about any other options they had in preserving some of the entitlements which the current land use and zoning designations provide. However, they are truly interested in making their agricultural project a commercial success and have concluded that the property should be reclassified as agriculture for district boundary purposes as well. Given the Greers' plans to have the property reclassified to the Agricultural District, the conditions of the Commission's decision should no longer be considered applicable. Nevertheless, in keeping with your request, we have tried to track down information relative to the referenced conditions. Tsek•tzaki Yeh & Moore ATTORNEYS AT LAW A Limited Liabil' w Coi y tsther Veda, Executive Officer Land Use Commission April 4, 2000 Page 2 Regarding Condition No. 1, the housing condition should not be applicable given that it was premised upon mitigating the housing impacts of the residential development. However, we understand that while the County of Hawaii and Brewer entities were in some level of negotiation regarding the satisfaction of the condition prior to the sale of the property to the Greers, no final agreement had been reached by the time of sale. Regarding Condition No. 3, this condition, along with the November 1, 1995 agreement, was similarly predicated on the residential development of the property. We have written to the Department of Education concerning the Greers' position that the terms of the agreement are moot, but have received no response to date. As we understand, Brewer is reviewing the possibility of working out a revised form of agreement with DOE to provide land for expansion of the Haaheo Elementary School. Regarding Condition No. 4, as we understand, there was no formal agreement worked out with the Department of Transportation as of the date of the sale to the Greers. Again, the language of the condition requires the participation in infrastructure improvements to the extent necessitated by the proposed development, which is not occurring. At this point, DOT's comments upon the request for repeal of the zoning ordinance have been limited to drainage issues and the possible future expansion or realignment of highway corridors. Thank you for the opportunity to provide additional comment on the above. We are hoping to submit a request or motion to amend the Commission's decision and order by mid April, 2000. Would it be preferable to await that request before scheduling the matter for a hearing before the Commission? Please let me know if you have any additional questions about the above. Thank you for your consideration of the above. TSUKAZAKI YEH & MOORE By THOMAS L.H. YEH cc: Planning Department, County of Hawaii David and Doris Greer TLHY\db