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HomeMy WebLinkAboutCOM 0609.000 2000-2002 rev os!;~. Harry Kim ~ Dixie Kaetsu ~lol~, Mnyor Managing Director ~e ' ` ~ _ Peier T. Young Deputy Managing Director ~~®F M9•'~P`` 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 Apri122, 2002 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: Amendment to Chapter 23 (Subdivision Code) Relating to Pre-Existing Lots Resulting from Leases Change-off Zone Application. (REZ 01-0 l 0) Applicant: lZo[~ert Ii. Csr~enwell Request: ~>24a to PA-1a it I~~~7-~-6.6 As required by Chapter Sec. 6-4.3(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, 1\~~` U l Harry Kim Mayor L032202may Enclosures cc: Planning Department 1in.ImT~ °ll l ~l~ ~a~. , ~f. ~P~ 2 9 L~ Ha Kim ~JM~v ®s k~, rry _ ~ ' Mnyor ~,lu~~f a% 3<.: qpF O~ti•MNNe PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 _ ~ (808) 961-8288 • Fax (808) 961-8742 t'ri E~ 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 Application (REZ 01-010) Applicant: Robert K. Greenwell Request: A-20a to FA-1 a Tax Map Kev: 7-4-6:6 The Planning Commission, after a duly held public hearing on March 22, 2002, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 26.198 acres of land from Agricultural (A-20a} to Family Agricultural (FA-la). The property is located adjacent and east of Kai Subdivision, approximately 800 feet east of Mamalahoa Highway and one mile southeast from the Mamalahoa Highway-Palani Road junction, Honokohau 2"d, North Kona, Hawaii. The Planning Director had recommended denial of the application. The Commission, however, voted to forward a favorable recommendation of the change of zone based upon the following: The applicant originally requested a Change of Zone from an Agricultural (A-20) to a Family Agricultural (FA-la) zoned district for approximately 27.131 acres of land in order to subdivide the property into twenty three (23) lots, approximately one acre in size. The property is vacant and would be marketed as vacant lots. There is an existing access road that will serve as the main access road for the proposed lots. This road runs through and to the top of the property which also serves as access to properties mauka of the subject property. Two public hearings were held on the subject property with concerns from surrounding residents regarding increased density, land usage, access, water well site in the vicinity and the Old Mauka Government Road. The Planning Director expressed concerns regarding the inclusion of the Old Mauka Government Road in the change of zone request and requested documentation on road ownership. Subsequently, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 the applicant decided to delete the Old Mauka Government Road from the area to be rezoned and submitted a revised metes and bounds description, thereby reducing the subject area of request to approximately 26.198 acres fora 21 lot subdivision. 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 the growth desired as stated in the General Plan and other related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural (A-20a) to Family Agricultural (FA-1 a) zoned district will conform to the following goals, policies and standards of the General Plan Land Use Elements. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use and Agriculture goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE and AGRICULTURE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • 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 • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The proposed change of zone request would also complement the following goals, policies and standards of the Housing Element of the General Plan: H USING • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Improve and maintain the quality and affordability of the existing housing stock. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. • Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background, and income. • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated Honorable James Y. Arakaki, Chairman and Members of the County Council Page ~ growth and development of the County. It graphically depicts the physical relationship among the various land uses as anticipated for the island. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is presently designated Orchards. It should be noted that the County is currently conducting a comprehensive review update to the General Plan, which proposes that lands designated as Orchards be redesigned as Important Agricultural Lands, Rural or Extensive Agricultural. The subject property is proposed for Important Agricultural Lands. However, in light of the fact that the subject property is still designated Orchards by the General Plan, the proposal is reviewed under the present LUPAG Map designation. The Planning Commission supported this change, which has been forwarded to the County Council for final adoption. Further, the subject area is adjacent to and east of existing Urban Expansion designated areas. Surrounding zonings to the north, south and east are A-20a and A-10a. Lands to the west are zoned A-la with scattered dwellings. A change of zone was approved by the County Council in 1997 for an adjacent 85-acre property to the east and above the subject property, from A-20a to A-l0a for a two lot subdivision. Due to the fact that this particular property is immediately adjacent and to the east of the existing General Plan designated Urban Expansion area, this rezoning request would be in keeping with the existing Urban Expansion Area and consistent with the smaller lot development scheme that is adjacent to the subject parcel in this vicinity. This does not mean, however, that other lots within the vicinity would also be acceptable for rezoning. The surrounding properties are zoned A-1 a, A- l Oa and A-20a. According to the applicant, the lands were previously used for farming and ranching activities and are presently overgrown with vegetation. Immediately adjacent to the east and below the subject property is the Kai Subdivision that consists of nine one acre lots zoned A-la, with scattered dwellings. The subject property will share the existing access road from Mamalahoa Highway that has already been constructed and runs through the subject property. The proposed subdivision would in essence, be a continuation of the Kai Subdivision as it utilizes the same access road. The Kai Subdivision would probably set the atmosphere for further development. Therefore, a favorable recommendation of this change of zone request will be consistent with the land use pattern being established within this area of North Kona. Should the County Council approve the applicant's request for a Family Agricultural (FA-la) zoned district, the applicant would normally be allowed to apply for a Second Farm Dwelling Permit, which would allow the construction of a second dwelling unit as a separate or attached unit on each of the lots. Due to the fact that this subject request will allow the existing parcel to be subdivided and subsequently allow the applicant to create additional lots, there is a potential for additional dwellings to be constructed on each lot which would double the existing density of the area. Although, the Planning Commission supports this rezoning request to allow for an approximately Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 twenty-one lot subdivision with one home on each lot, the potential to allow forty-two (42) homes may contribute to a cumulative burden on the existing infrastructure (road, water, etc.), which cannot be supported. Therefore, a condition is included to require restrictive covenants in the deeds of proposed lots to prohibit a second dwelling unit on each lot. The property was previously utilized for cattle grazing, however, it is overgrown and a paved roadway running through the center of the property. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates a major portion of the property as Zone X, an area determined to be outside of the 500-year flood plain. The majority of the property is Unclassified with a small area along the northern boundary classified as Important Agricultural Lands by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area are classified as "E" or Very Poor for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the property and surrounding area would preclude such intensive agricultural activities from being conducted without a significant amount of effort. A smaller parcel size may provide for increased opportunities for small-scale agricultural activities to be conducted on the lands as proposed by the applicant. All utilities and services are available to the site. Access to the subject property is from Mamalahoa Highway, which is a State highway, however, this portion of the road is under County jurisdiction. The roadway leading to the subject property is a private road that has a 60-foot right-of--way with an approximate 20-foot wide pavement. The applicant does have the right to use this entry road from Mamalahoa Highway as granted by Warranty Deed. This private roadway which provides access to Kai Subdivision also exists and runs through the subject property. The Old Mauka Government Road, although initially included in the original request, has been deleted from the subject request due to ownership issues. To ensure that internal roadways within the subdivision are constructed to accommodate the development, all roadways within the proposed subdivision shall be constructed to meet with the requirements of Chapter 23, Subdivision Code. Water is available from the Department of Water Supply. As stated in a memo dated November 30, 2001 from the Department of Water Supply, a water agreement had been approved for 22 water commitments -based on the existing 7 units and an additional 15 units. In addition, the service limit of 1,603 feet may require reconfiguration of the lots such as only one (1) lot may lie above the service limit elevation of 1,603 feet. This elevation is approximately in the vicinity of proposed lot 12 as shown on revised map dated January 10, 2002. Further, the Department of Health stated that the subject property lies within 1,000 feet of a drinking water well Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 (Honokohau Production Well and Reservoir Site) on TMK: 7-4-5:6. As such, no cesspool or septic tank system is allowed within the 1,000 feet radius limits. Therefore, all wastewater systems shall meet conformance with the rules and regulations of the State Department of Health governing wastewater systems. This requirement, as well as the Department of Water Supply service limit at 1,603 feet elevation, may further limit the number of lots created or affect the type of wastewater system for those lots affected by the location of the well. Therefore, restrictive covenants for the proposed lots shall be drafted to assure compliance with this requirement and submitted to the Planning Department for review prior to securing Final Subdivision Approval. Underground electrical and telephone services are available to the property. All other essential utilities and services are or will be made available to support the proposed development. The subject development is not contrary to Chapter 205A, Hawaii Revised States, relating to Coast Zone Management Area. The property is approximately four (4) miles from the ocean. The proposed development will not adversely impact recreational resources, including access to and along the shoreline or to mountain areas, scenic and open space vistas, visual resources to the shoreline, coastal ecosystems and marine ecosystems. Finally, because the property and surrounding areas have been previously used for farming and ranching activities it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. However, an archaeological clearance shall be secured from the Department of Land and Natural Resources prior to any land altering activities. Further, the applicant is not aware of any valued cultural, historical or native resources nor any traditional and customary native Hawaiian rights being practiced in the area, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. For your favorable consideration, an amendment to Section 25-8-3, the North Kona Zone Map, of the County Zoning Code is transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 We are enclosing a copy of the staff background and the Planning Director's Recommendation for your information. Sincerely, a Geraldine M. Giffin, Chairman Planning Commission Lgreenwe11~2PC Enclosures cc: Robert D. Triantos, Esq. Mr. Robert K. Greenwell Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources Brian Minaai, Director/DOT-Highways, Honolulu BGreenwell ROl skg-10/22/01 COUNT'' OF IiAWAII PIJANNING DEPAR~'l~'IENT ~ACI~GI~OUND REPORT' RODERT I~ELS1FIAdV GREEN~ELL 'D ~ ~ CIIANGE OF ZONE APPLICATION ~REZ Ol ItOEERT I~ELSIIAV6/ GREEN~VELL has submitted an application for a Change of ' Zone (REZ 01-010) by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-la) for approximately 27.131 acres of land. The property is located adjacent and east of Kai Subdivision, approximately 800 feet east of Mamalahoa Highway and one n341e southeast from the Mamalahoa Highway-Palani Road junction, Honokohau 2nd, North Kona, Hawaii, TMK: 7-4-6:6. GENERAL INFORI9~IATION 1. Laced Oavnership: Robert Kelshaw Greenwell and Lou Ellen Lambert are the fee owners of the subject property. P1tOPOSED DEVELOPMENT 2. Request: The applicants are requesting a Change of Zone from an Agricultural (A-20a) to a Family Agricultural (FA-la) zoned district for approximately 27.131 acres of land. The applicants propose to subdivide the property into 231ots approximately 1.009 to 1.266 acres in size. The existing roadway leading to the subject property is a private roadway. Estimated infrastructure costs are estimated to be in excess of $230,000. The applicant proposes to market the lots to individuals who will have their own timetables in constructing, their homes. 3. Stepp®rtive Inf®rareati®n: The applicants have submitted the following in support of the request: (See Exhibit A -Change of Z®ne Application received June 15, 2001 mvith letter and attachments dated October 13, 2001) STATE AND COUNTY PLANS State Land Use District: Agricultural. 5. IIRS Chapter 205A Coastal Zone 1Vlanagement Act: The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, and beach protection. Although the entire island is within the Coastal Zone Management Area, the subject property is located on the mauka side of Mamalahoa Highway, approximately four (4) miles from the nearest coastline. 6. General Plan Consistency: Goals, policies and courses of action of the Land Use, Agriculture, Residential, and Housing Elements for South Kohala. - 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Orchards, which aze those agricultural lands which though rocky in chazacter and content support productive macadamia nuts, papaya, citrus and other similar agricultural products. The subject property is adjacent to an Urban Expansion area. It should be noted that the County is currently conducting a comprehensive review update to the General Plan, whereby lands designated as Orchazds, unless otherwise designated, will be converted to • Important Agricultural Lands. (See Exhibit 1~ -General Plan 1VIap for area) 8. County Zoning: Agricultural (A-20a). 9. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, recommends that this traditional agricultural azea retain its existing zoning of one to five acre lot sizes, which is suitable for part-time agricultural uses. DESCRIP°I`ION OF SUBJECT PROPERTY AND SURROUNDING AREA 10. Subject Property: The subject property is approximately 27.131 acres of land. It was originally a part of a larger 36.87 acre lot. In 1979, Final Subdivision Approval was granted (Sub. 4374) by the Planning Director, resulting in the subject pazcel (28.211) and nine A-la lots identified as the Kai Subdivision and which is located immediately below the subject parcel. In 1981, a one acre remnant portion was subdivided out from the subject property leaving the approximately 27.131 acre parcel. The property is a flag lot which gains access off a roadway which also provides access to the Kai Subdivision and also leading into the subject development. The elevation of the property is between the 1,400 -1,600 foot elevation. The private road leading to the subject property is approximately 3,000 feet from the Mamalahoa Highway/Palani Road intersection. The property is approximately 800 feet in (east of) from Mamalahoa Highway. The property -2- was previously used for farming and ranching activities and is overgrown with plants. 11. Adjacent Zoning/Land: The adjacent surrounding areas are zoned Agricultural (A-la) with vacant lands and scattered dwellings. Other lots in the area are zoned A-l0a and A-20a. Further northwest of the subject property is the Greenwell Nursery on A-la lands at the Mamalahoa Highway/Palani Road intersection. 12. Change of Zone Applications in the area: In 1986, the County Council approved Change of Zone Ordinance No. 86-28, effective March 24, 1986 to rezone TMK:7-4-6:23 from Unplanned to A-la for 5.4 acres. Final Subdivision Approval (Subdivision 5896) was secured on Apri126, 1990 for five 1-acre+ lots. In 1997, the County Council approved Change of Zone Ordinance No. 97-74, effective June 17, 1997 to rezone TMK: 7-4-5:2 (directly above subject property) from A-20a to A-l0a for 85.395 acres. Final Subdivision Approval (Subdivision 7020) was secured on September 9, 1998 for two lots approximately 20.4 acres and 64.989 acres. 13. ALIS~I: The property and surrounding area are "Other Important Agricultural Lands" on the State I.)epartment of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. 14. Land Steady ~aareaia's Detailed Land Classification System: Soils within the property and surrounding area are classified as "E" or Very Poor. • 15. U.S. Soil Saarvey: The soils are classified as Puu Pa extremely stony very fine sandy loam (PVD), 6 to 20 percent slopes. The surface layer is very dark brown extremely stony very fine sandy loam about 6 inches thick. The next layer is dark-brown and dark, yellowish-brown very fine sandy loam about 34 inches thick. It is underlain by fragmental Aa lava. Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. These soils are used for pasture. 16. FIIUl~d: The property is located within Zone X, area determined to be outside the 500-year flood plain. 17. Flora/Fauna Itesoaarces: According to the applicant, the property is unimproved pasture land. The existing terrain supports a Lowland Mesic Forest and is market by a dense overgrowth of alien cover, vines and mature trees, including obis, rose-apple, Christmas -3- berry, guava and lama by introduced animal species, such as mongoose and rats. 18. Archae®1®gical Res®urces: According to the applicant, the property was previously graded and previously used for framing and ranching activities, making sub surface archaeological sites ,artifacts or remains unlikely. 19. Cultural or Native Gathering 12ights: According to the applicant, there is no evidence of valued cultural, historical or native resources nor are any traditional and customary - native Hawaiian rights being practiced in the area. 20. Public Access: According to the applicant, there is no public access to the mountain or shoreline running through the property. PUBLIC UTILITIES AND SERVICES 21. IZ®aclvvay: The subject property is accessed from Mamalahoa Highway, approximately one mile southeast of the Mamalahoa Highway-Palaru Road Junction. The road leading to the subject property is privately-owned and maintained, with an approximately 20-foot wide paved roadway with grass shoulders within a 60-foot wide right-of--way (Lot 12). The landowners have permission to use this roadway through a nonexclusive, perpetual easement for roadway and utility purposes, granted to them by the Warranty Deed that they hold. There is a short flag section of the subject property that connects to the private roadway. Mamalahoa Highway is also known as State Route 190, however, the portion of Mamalahoa Highway fronting the existing road that leads to the subdivision is under County jurisdiction. 22. Water: According to the applicant, County water is available from the Honokahau Reservoir and well site located adjacent to and east of the property (TMK: 7-4-5:6). However, we have not received comments from the Department of Water Supply in regards to availability of water. • 23. Wastewater: There is no municipal sewer system in the area. The applicants propose to dispose wastewater into private septic tank systems. 24. Utilities: Electrical and telephone services are available to the property. 25. Police/Fire Services: The nearest police, fire and medical facilities are located in Kailua-Kona, approximately four miles southwest of the property. -4- AGENCIES' COMMENTS 26. Department of Water Supply (August 15, 2001 Memo): We have reviewed the subject application for the proposed change of zone and request that action on it be deferred. We are working with the applicant on water issues and will provide our comments and conditions once we have concluded our discussions with the applicant." 27. Police Department (July 3, 2001 Memo): 66Staff has reviewed the above-application and does not believe the request will negatively impact police services or traffic at this time. However, we offer that consideration be given to improving the infrastructure along the old Mamalahoa Highway in the Honokahau area as well as Palani Road." 28. Department of Finance -heal Property Tax (June 29, 2001 Memo): "There are no comments at this time. "Real Property taxes are paid through June 30, 2001." 29. Department of health (July 5, 2001 Memo): "Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run- offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." 30. Department of Education (July 11, 2001 Letter): "The Department of Education has no comment on the subject application. "Thank you for the opportunity to respond." 31. Department of Publac V6~orlcs (See Exhibit C -July 20, 2001 Memo and Applicant's Response dated July 31, 2001) 32. Fire Department (See Exhibit D -July 11, 2001 Memo) 33. State Land Use Commission: (See Exhibit E -July 2, 2001 Letter) 34. State Department of Transportation : (See Exhibit F -September 11, 2001 Letter) -5- 35. Natural Resource Soil Conservation District (Icons): (See Exhibit G e July 16, 2001 Letter and Applicant's Response dated September 25, 2001) 36. Applicant's Response to Agency Comments (See Exhibit I~I -July 20, 2001 Letter from Steven Lim) AGENCIES - NO RESPONSE 37. Parks and Recreation, Office of Ilousing and Community Development, Department _ of Land and Natural Resources -Land Division, Ilistoric Preservation Division and Land Management, and Department of Transportation ®Iiilo. PUDLIC COMMENTS 38. Correspondences frown Paulette Ica'ala Foglesong Roberson: (See Exhibit I - Transmittsl of Deed by letter dated July 24, 2001 and letter to adjacent land owners dated August 7, 2001 and Reponses from Samuel K. Maunu and Maria Kealai Salinas) 39. Applicant's response to Ms. Roberson (See Exhibit J -July 28, 2001 Letter from Robert Triantos) -6- _ _ _ Charter PublicdPrivate honing ®istrict Schools Schools RS C C R® C C i?BVl C C ia~, C C RCX B B CN B B CG B B _ CV B B C®i°4 B B I~iCX B B ML, X X li~i'a X V X X ; ®/Sl.ll Cores BLNR BLN e4g/Si_lJ Ag A C AglSLIJ l9rban C C A Permitted, no permits B Permitted, plan approval C Requires use permit or speci permit X Not permitted PI~+NNING [~~PAR`TMENT County Of I°~avaraii _ _ 75-57~ Kuakini 1-ii~ary. ~10g I~ECEIYEI~ JU~1 1 ~ 1001 Kailua-Kona, III 9740 1 Change of Zone Application Applicant: Robert I~elshaw Greenwell Applicant's Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP ®wners: Robert Kelshaw Green~vell ~ Lou Ellen Lambert laequest: Change of Zone from Agricultural 20-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot family agricultural subdivision. Tax Map Keys: 7-4-006: OOb 1. Completed application forms (Change of Zone with Questionnaire) with Letters of Authorization from Landowners. 2. Plat map showing the location of the subject property in Tax Key Map form. (See Exhibit A) 3. Preliminary subdivision site plan showing the proposed 23 lot subdivision development. (See Exhibit B) 4. Report to the County of Hawaii Planning Commission regarding the protection of " valued cultural, historical or natural resources including traditional and customary Native Hawaiian rights exercised in the Petition area. (See Exhibit C) 5. Letter dated February 1, 2001 from the Department of Water Supply related to the Impact of Individual Wastewater Systems for the proposed subdivision. (See Exhibit D) 6. County Environmental Report - A detailed written description of the proposed project citing the requirements as stated in the criteria and standards of Chapter 25 (Zoning Code), Article 2, Division 4 (Amendments), Section 25-2-42(a)(b)(c) and Planning Commission Rule No. 11, Section 11-3. ~~C~'I Ifi 4080789.1.024604-00004 CI-I~TG Off" ~ON~ ~PLIC~~I I®T _ E~EiV~~ JUN 1 5 7nnt COUN~'Y O~ I~WAII PI.ANNIl®TG DEP~T'MEN"I` (Type or legibly print the requested information) APPLICANT: R®bert Kelshaw Greenwell ~ Lou Ellen I.a~bert APPLICANT'S SIGNATURE: See attached letter of Authorization DATE: 8-23-2000 ADDRESS: P.O. Box 1720 Kailua bona, HI 96745 ~OUrI ~~TMENT -57~ ~uakini l~vvy. ~~0 X40 LIST APPLICANT'S INTEREST IP NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Eus.) 329-6464 (Res.) (F~) 329-9450 LANDOWNER(S): Robert Kelshaw Greenwell 6 Lou Ellen Lambert T .ANDOWNER SIGNATURE(S): See attached Letter of Authorization DATE: 8_23-2000 (May be by letter) LANDOWNER(S) ADDRESS: ~.o. Boz 1779 Kailua bona, HI 96745 REQUEST: A~ricultu~al 20-acre [A-20a) TO Family Agricultural 1-acre (FA-la) - (Existing zoning) (Proposed Zoning) TAX MAP KEY: [3) 7-4-0®6: OQ~ STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO 1~E REZONED: 27.131 Acres AGENT: Robert D. Triantos, Esq., Carlsffii.th Ball LLP ADDRESS: P.O. Box 1720 Kailua I~ona,~ HI 96745 TELEPI-IONE:(Pus.) 329-6464 (Res.) (Fax) 329-9450 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Robert D. Triantos, Esq. COPIES: Robert Kelshaw Gree~ell (See Instructions on Reverse Side) _ _ T'ee ®~vner and/or Applicant's Letter of Authorization 'Tax Map Key: (3) ~-4-006: 006 District of North Kona Island, County and State of Ilawaii The undersigned is the authorized representative fee owner of and/or applicant for the real property above-identified, and hereby authorizes the law firm of Carlsnaith Dall, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real properly. This authorization may be signed in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same authorization. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. i / / n~, I3 EItT LSHAW G ~ TWELL / Date• L~ aC ~ o<iJC~G~ LOU ELLEN LAlO~ERT ~ Date: i- C9 . Z ~>G~ U Mailing Address: P.O.ox 1779, Kailua-Kona, I-lI 96745 Subsc abed orn to e this ~?3.~ d ay f ~ , 2000. Nam ~a ~E,e r . 7"~Pi~~-~,~ R/,y Notary Public, State of Ha`~vl.• Z~ My commission expires: = D o~~~° ' ~ ; _ T I IC IPI 1111µe 4070912.1.024604-4 aTTac~~NT Agricultural Rezoning PLANNING DEPART:~tENT COUNTY OF HAk'AII 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? YES If ves, 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? 27.131 Acres b. Into what lot sizes? 1 acre + 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? IIpon approval d. Do you intend to build houses on the newly created lots? N® If ves, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. YES 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? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) P.D. 2 5/84 f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Any transfer of land will be after Final Subdivision Approval is secured from the Planning Departffient. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? YES How? SEE ATTACHED COIIY~ EENIROH~TAL REPORT 4. Are there any buildings on the subject area? 1lTO 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? HO If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? YES If so, did your plan include the following considerations? P1® a. Commodity to be produced? What kinds of commodity? b. Suitablility of ttae proposed lot-size for that commodity? c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? YES Please state the proposed type of arrangement. Conditions of approval for change of zone that all single faffiily dwellings will be "Farm dwellings" as defined in Chapter 205 and County Zoning Code. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. SEE ATTACHEID COUNTY ENVLRONNEN~A?- REPORT If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. SEE ATTACH COUI~°i°Y EI~IRO AL REPORT 7. To your knowledge, has there been any flooding and/or drainage problem N® on the subject area? If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs N® improvements? If so, what kind? YES Is the road adequate for the proposed traffic volume or load? 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes yo a. Schools Z b. Roads c. Sewer d. Drainage -3- Yes \o 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. AGES REPRESBPITATIVE ItOBIIt~ D . TRIAI~TOS , ESQ , CAIaLSI~ITEt BAIL LLl' Signature: Address• P•0. Boz 1720 Kailua bona, HI 96745 'telephone: 329-6464 Date: June 13, 2001 EXHIBIT A ~ I, ° ~ ~~~,~g x-. I r ~ ~ ~ o' ro t ~ ~M~~1~~~ ~ ms~ss,, I eea~ o ~~`e ~ f'3' # e~r'~i'a'il~,=iui ~ ~ A/ S ~ I ~ i o ' i ~ o ~ ° ' . ~ ' ~ s I i (~J tF° + ~ ~ 1 ~ ~ pvr~ ~ al ~ w ~ { ~ - ~ I :,.NlaYnalahoa Highway -y~FA~' ~ ~ ~ ~ ' 3 ' ~ Il i iG, 'fit. ~I ~ ~ ~ ~ is iu~ ri ~ ~ ~ ~ ~f ~ J ~ t ~ Y? Y I ~ V L C Q t a Q ~ ~ ~ ~ 'Z '1 V 6J ~ ~ :6' RSV ~ ~ L C Q G ° ~ m~ ~ ~ ~ C ~ O Co` - } Y 2~ ~ ~ ~ ~ ~ e~ ~ i~ c ~ ~ c ~ ~ ~ ~ •gr - ~ 2 ~~~~'6a m~~ I Y a C O \ Y ~ ~ ~ ~ > ~ sl CJ~B~~ v,' i EXHIBIT B EXHIBIT C ROBERT KELSIIAW GREEN~6'ELL'S RESPONSE TO THE FOLLOWING: NO 21124 (CIV. NOS 96-189K & 96-190K) PLAN TO PROTECT, Appellant/Cross-Appellants vs. STATE OF HAWAII, LAND USE COMMISSION Appellees/Appellees (NO. 21162 (CIV. NO. 96-190K) Ka Pa'akai O Ka' Aina v. Land Use Commission REPORT TO THE COUNTY OF HAWAII PLANNING COA~IlVIISSION REGARDING THE PROTECTION OF VALUED CULTURAL. HISTORICAL OR NATURAL RESOURCES INCLUDING TRADITIONAL AND CUSTOMARY NATIVE HAWAIIAN RIGHTS EXERCISED 1N THE PETITION AREA. Change of Zone Application Applicant: Robert Kelshaev Greenwell Appl'icant's Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP Owners: Robert Kelshavv Greenwell c6~ Lou Ellen Lambert Request: Change of Zone from Agricultura120-acre (A-20a) to Family Agriculture 1- acre (FA-la) to allow the development of an 231ot family agricultural subdivision. Tax Ma>o Kos: 7-4-006: 006 PROPOSED DEVELOPMENT The owners, Robert K. Greenwell, and Lou E. Lambert took title to the Property by Deed dated February 12, 1991, recorded at the Bureau of Conveyances of the State of Hawaii as Document No. 91-019027. The parcel is a 27.131-acre rectangular-shaped, unimproved parcel of land located mauka of Mamalahoa Highway, approximately one mile southeast of the Mamalahoa Highway-Palani Road Junction. The Property is more particularly described as Lot 10-B, being a portion of Royal Patent No. 6855, Land Commission Award No. 9971, Apana 9 to William Pitt Leleiohoku, situated at Honokohau 2nd, District of North Kona, Island and County of Hawaii, and is designated by State of Hawaii Tax Map Key No.:(3)7-4-006: 006 ("Property"). The Applicant is seeking a Change of Zone for the approximately 27.131-acre Property from the Agricultural (A-20a) designation to Family Agricultural - 1 acre (FA-1 a) designation. The Applicant is proposing a 23 lot subdivision with lot sizes of one plus acres in size. -1- 4079268.1.024604-00004 ~ PA' AKAI O KA' AINA ISSUES: Based on the above findings and the historical record of the Special Permit, the Applicant presents the following statements in response with the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa' Akai O Ka' Aina case. 1. The identity and scope of "valued cultural, historical, or natural resources" in the petition area, including the extent to which traditional and customary Native Hawaiian rights are exercised in the petition area; Discussion: The property is presently vacant. The entire Property has been previously graded and used for farming and ranching activities, any surface or subsurface archaeological remains are unlikely. There are no historical sites on the Property that are listed on the Federal and State Register of Historic Sites or in the County of Hawaii General Plan Historic Sites element. The lack of any records of any historical or archaeological sites in the area, it is unlikely that there are signil5cant historic sites in the proposed Project area. Therefore, no evidence is available to identify any valued cultural, historical, or natural resources in the petition area. There is also no evidence to identify that any traditional and custorraary Native Hawaiian rights are exercised in the petition area. 2. The extent to which those resources -including traditional and customary native Hawaiian rights will be affected or impaired by the proposed action; and Discussion: There is no evidence to show that valued cultural, historical, natural resources and traditional or customary Native Hawaiian rights are on the Property or being practiced in the Petition area. Therefore, no resources or traditional and customary Native Hawaiian rights will be affected or impaired by the proposed action. 3. The feasible action, if any, to betaken by the Planning Commission to reasonably protect native Hawaiian rights if they are found to exist. Discussion: There is no feasible action to be taken by the Planning Commission other than to require that, if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the Petition area, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division and Planning Commission for review and assessment. -2- 4079268.1.024604-00004 . EXHIBIT D `I! 6! o ~ ®EPARTMENT O~ WATER SUPP~.Y COUNTY O~ I~AWAII G ~ 2~ AUPUN~ STREE- HILL HA'r"r, S6.=^ gl' °f w I w Ai~` TELEPHONE X808; ~61~cc?C 00-- .c'. February 1, 2001 Mr. Robert D. Triantos Carlsmith Ball, LLP 75-1000 Henry Street, Suite 209 Kailua-Kona, HI 96745 - - r~Tl~:?V~ y~ v.TT YlA RT;+ 1 TY!~ 1~T /'7 TT I'+ Zl 1 TT+T l~iT A 7 7'9"i7 7T.(9) ~ ACC C~4"T ~1~TT i~d'.llllt'.ST t ~3i LL' 1 ~I~l~lll`1H 11V1~-SvLnt,E L. L'11 L' n ~Z./l1Ll 1 1 il~li Al. 1 n.sJ'~' ..~..1.'IA.,.. INDIVIDUAL ~VASTEddATEIt SYSTEMS (INNS) FOR PROPOSED CIIANGE OF BONE/SUBDIVISION TAX MAP ICEY: 7-4-006:006 The following well information is known based on data on file at our Department: ¦ Honokohau Well most likely taps ahigh-level aquifer with static water elevation, approximately 1,565 feet below ground (115 feet above mean sea level). ¦ The well was constructed with more than 1,500 feet ofcement-grouted annular space. ¦ Geologic features based on drilling logs may indicate layer(s) of low permeability (Engineering Report by Inaba Engineering, Inc., March 1998). Your drawings indicate that the subject parcel is located immediately adjacent to and down gradient from the Department's well site. Based on the information above, the Department concludes that individual wastewater systems should not pose an adverse impact to the source water quality. However, to further ensure that the potential of contaminating his valuable water source is minimized, we ask that each IWS be located as far as possible, both horizontally and makai from Honokohau Well, in each proposed lot. If you have any questions, please contact Mr. Keith Okamoto of our Water Quality Assurance and Control Branch at 961-8670. Sincerely yours, Milton D. Pavao, P.E. Manager KKO:gms , Ud/~r,fer ~rin~~ ~ro~re~~ . County Envi~°onmental ~epor°t ~PPaLIC~17'IOl ~ ~'Ol~ C'H~41 ~G~ O~ .~Ol ij~ Applicant: Robert Kelshaw Greenwell Change of Zone from Agriculturad 20-acre (A-20a) to Fancily Agricultural - 1 acre (FA-l a) ~-Ionokohau 2nd, District of North Kona, Hawaii TMK: (3) 7-4-006: 006 Prepared for: Robert K. Greenwell Prepared by: Robert D. Triantos Carlsmith )3a11 75-1000 I-lemry Street, Suite 209 Kailua-Kona, I'iawaii 96740 Telephone: (808) 329-6464 June 2001 County Environmental Report Robert K Greenwell Change of Zone Application Applicant: Robert Kelshaw Greenwell Applicant's Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP ®wners: Robert Kelshaw Greenwell ~i Lou Ellen Lambert Request: Change of Zone from Agricultural 20-acre (A-20a) to Family Agriculture 1- acre (FA-la) to allow the development of an 231ot family agricultural subdivision. Tax 1dla~Kexs: 7-4-006: 006 COl°~I ~~1~1 PROPOSED DEVELOPMENT Page 2 Ownership Page 2 General Site Description Page 2 Statement of Objectives Page 2 Existing Land Use Page 2 Development Program Page 2 Development Timetable Page 2 Estimated Infrastructure Costs Page 3 CONFORMANCE WITH STATE AND COUNTY PLANS Page 3 State Land Use Law Page 3 HAWAII STATE PLAN Page 3 Objectives and policies for the economy Agriculture Page 3 Hawaii County General Plan Page 4 Economic Element Page 4 Land Use Page 5 Land Use Agriculture Page 5 Environmental Quality Page 6 Flood Control and Drainage Page 6 Historic Sites Page 6 Natural Beauty Page 6 Natural Resources and Shoreline Page 7 Housing .Page 7 Public Utilities Page 8 Recreation Page8 Application for Change of Zone Background & County Environmental Report County Environmental Report Robert K. Greenwell Land Use Page 9 HAWAII COUNTY ZONING AND SUBDIVISION Page 9 KONA REGIONAL COMMUNITY DEVELOPMENT PLAN Page 9 SPECIAL MANAGEMENT AREA Page 10 ENVIRONMENTAL SETTING, IlVIPACTS & MITIGATION MEASURES Page 10 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING Page 10 Climate Page 10 Topography and Soils Page 10 Natural Hazards Page 11 Flood and Coastal Hazards Page 11 Volcanic and Earthquake Hazards Page 11 Air and Noise Quality Page 11 HISTORICAL/ARCHAEOLOGICAL RESOURCES Page 12 NATURAL RESOURCES Page 12 Flora/Fauna Page 12 Scenic and Open Space Resources Page 12 SOCIO-ECONOMIC RESOURCES Page 13 SURROUNDING AREAS Page 13 INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES Page 13 Access Page 13 Water System Page l4 Wastewater System Page 14 Police and Fire Protection and Medical Services Page 14 Utilities Page 14 ENVIRONMENTAL ASSESSMENT AND ANALYSIS Page 15 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long-Term Productivity Page 15 MITIGATIVE MEASURES PROPOSED TO AVOID, NIlNIMIZE, RECTIFY, OR REDUCE IMPACTS Page 15 Application for Change of Zone Background & County Environmental Report County Environmental Report Robert K. Greenwell ALTERNATIVES CONSIDERED Page 16 No Action Alternative Page 16 Alternative Use Page 17 Alternative Locations Page 17 Irreversible and Irretrievable Commitment of Resources Page 17 AGENCIES CONTACTED Page 17 Application for Change of Zone Background & County Environmental Report 1. PitOPOSED DEVELOPMENT 1.1 Ownership The owners, Robert K. Greenwell, and Lou E. Lambert took title to the Property by Deed dated February 12, 1991, recorded at the Bureau of Conveyances of the State of Hawaii as Document No. 91-019027. 1.2 General Site Description The parcel is a 27.131-acre rectangular-shaped, unimproved parcel of land located mauka of Mamalahoa Highway, approximately one mile southeast of the Mamalahoa Highway-Palani Road Junction. The Property is more particularly described as Lot 10-B, being a portion of Royal Patent No. 6855, Land Commission Award No. 9971, Apana 9 to William Pitt Leleiohoku, situated at Honokohau 2nd, District of North Kona, Island and County of Hawaii, and is designated by State of Hawaii Tax Map Key No.:(3)7-4-006: 006 hereinafter to be referred to as the ("Property") (See Exhibit A). 1.3 Statement of Objectives The Applicant is seeking a Change of Zone for the approximately 27.131-acre Property from the Agricultural (A-20a) designation to Family Agricultural - 1 acre (FA-la) designation. The Applicant is proposing a 23 lot subdivision with lot sizes of one plus acres in size, hereinafter to be referred to as the Project. (See Exhibit )B). 1.4 Existing Land Use The Property is presently vacant of any structures. The surrounding properties are vacant with scattered farm dwellings. The area west of the Property is within the County's Agri cultural 1-acre (A-1 a) zoned district. 1.5 Development Program The Project will be a 23 lot family agricultural subdivision. Lot sizes will range between 1.009 to 1.266 acres and access to the subdivision will be from the existing private road that connects to the Mamalahoa Highway. The existing private roadway to the proposed Project is built to Private roadway standards. The subdivision roadway will remain in private ownership. The Project would be developed in a manner that is responsive to the site characteristics and surrounding uses. 1.6 Development Timetable Subdivision plans are expected to be submitted upon securing of approval of the Change of Zone application. The requirements of the Subdivision Code for the Project will be complied with in a timely fashion. The Project which will provide Application for Change of Zone Background & County Environmental Report Page 2 CountvEnvironmental Report Robert KGreenwell lots for family individuals who will have their own timetables in constructing their homes on the Project lots as well as for market sales 1.7 Estimated Infrastructure Costs The estimated order of magnitude costs for infrastructure elements, which include site preparation, water, drainage, individual wastewater systems and power and communication utility improvements are estimated to be in excess of $230,000. 2. CONFORMANCE WITII STATE AND COUNTY PLANS 2.1 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Property is situated in the State Land Use Agricultural District. Pursuant to Section 205-2(d), HRS, Agricultural Districts shall include activities or uses as characterized by the cultivation of crops, orchards, forage, and forestry, farming activities or uses, agricultural services and uses which support the agricultural activities of the owner of the property and accessory to these activities, farm dwelling and may include areas which are not used for, or which are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related activities. The proposed action will be improved small-scale lots, with residential/farm dwelling and accessory uses, which use is not contrary to the purposes of the State Land Use Law designation for the Property. 2.2 )EIAWAII STATE PLAN The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable objectives and policies discussed below. Objectives and policies for the economy ~ Agriculture Objectives ~ Growth and development of diversified agriculture throughout the State. ~ An agricultural industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being. Policies ~ Assure the availability of agricultural suitable lands with adequate water to accommodate present and future needs. ~ Increase the attractiveness and opportunities for an agricultural education and livelihood. ~ Expand Hawaii's agricultural based by promoting growth and development of flowers, tropical fruits and plants, livestock, feed grains, forestry, food crops, aquaculture and other potential enterprises. Application for Change of Zone Background & County Environmental Report Page 3 County Environmental Report Robert K. Greenwell Discussion: The lElawaii State Plan (Economy-Agriculture) encourages the growth and development of diversified agriculture throughout the State by making available agricultural suitable lands with adequate water to accommodate present and future needs. Approval of the requested rezoning should satisfy the foregoing economic objectives and policies relating to agriculture, by utilizing vacant, undeveloped lands and providing opportunities for small-scale agricultural activities. 2.3 I=lawaii County General Plan The General Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the Property as Orchard. The Orchard designation is intended for those agricultural lands which although rocky in character and content support productive macadamia nuts, coffee, avocado, papaya, citrus and other similar agricultural products. The proposed action would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan as follows: Economic Element: Goal s ~ Provide residents with opportunities to improve their quality of life. ~ Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. ~ The County of Hawaii shall strive for diversity and stability in its economic system. ~ The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Discussion: The requested rezoning would foster the above-cited economic goals of the I3awaii County General Plan by allowing for small-scale farming, thereby making diversified agriculture a feasible endeavor for the young family or resident with lamited income. The requested rezoning would also complement the F'A-la zoning and land use of adjacent parcels and help to retain the overall rural ambience thereby promoting the County's economic goals in harmony with its social and physical environments. In addition, the agricultural activities will broaden and diversify the region's economic base. Application for Change of Zone Background & County Environmental Report Page 4 County Environmental Report RoberP E. Greenwell Land Use Goal ~ Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. Policies ~ Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. ~ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. ~ The county shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Standard Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: The proposed rezoning would provide opportunities for a mix of residential and small-scale agricultural activities by expanding the availability of small- scale farming parcels for agricultural uses complementing the existing FA-la zoning and land use of adjacent parcels in keeping with the Property's LUPAG ®rchard designation. The proposed rezoning would also be compatible with the above-cited standard, given the Property's ready access to public services and utilities, its proximity to government and employment centers, and its close proximity to commercial complexes in the Kailua-Kona area. Land Use Agriculture Policy ~ Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. Discussion: Diversified agricultural are highly desirable to Kona residents as a way to maintain the rural lifestyle and character of their communities. The proposed rezoning would complement the aforementioned policy by allowing for the development of residential-agricultural activities such as small-scale farming, making diversified agriculture a feasible endeavor for the young family or resident with limited income. Application for Change of Zone Backeround & County Environmental Report Page 5 County Environmental Report Robert K Greenwell 'The proposed rezoning would satisfy the demand for a rural lifestyle on marginal agricultural lands and would be in keeping with and be an extension to the existing "rural-style residential-agricultural developments" in the area. Environmental Quality Goals ~ Maintain and, if feasible, improve the existing environmental quality of the island. Discussion: The Project will not create any significant adverse effect on the environment, Those potential short-term adverse effects on the surrounding area associated with construction activities, such as potential noise, air quality, or drainage impacts, would be reduced or eliminated through the implementation of appropriate mitigative measures as detailed in this report. Flood Control and Drainage Goals ~ Conserve scenic and natural resources. ~ Prevent damage to man-made improvements. ~ Reduce surface runoff and sediment runoff. Policy ~ All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. Discussion: The Project is not located within any flood way or flood plain. Surface water runoff and sedimentation will be minimized by methods approved by the Department of Public Works. Distoric Sites Goal s ~ Protect and enhance the sites, buildings and objects of significant historical and cultural importance to I~awaii. Discussion: The County of Dawaii General Plan, and the Federal and State itegister of Distoric Sites do not list any archaeological sites on the Property. Natural Beauty Goals ~ Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. Application for Change of Zone Background & County Environmental Report Page 6 County Em~ironmental Report Robert K. Greenti~ell ~ Protect scenic vistas and view planes from becoming obstructed. ~ Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: The County of Hawaii General Plan does not last the Property or any of its surrounding areas to have any Scenic view planes or corridors. 'The County of _ Hawaii Natural beauty element does not list the Property or any of its surrounding areas as examples of Natural Beauty. Natural Idesources and Shoreline Goal s ~ Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. ~ Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. ~ Protect and promote the prudent use of Hawaii's unique, fragile and significant environmental and natural resources. ~ Ensure that alterations to existing land forms and vegetation, except crops and construction of structures cause minimum adverse effect to water resources, and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake. Policies ~ The shoreline of the island of Hawaii shall be maintained for recreational, education, and/or scientific uses in a manner 6that is protective of resources and is of the maximum benefit to the general public. ~ The shoreline shall be protected from the encroachment of man-made improvements and structures. Discussion: The Project is located approximately 4 miles from the ocean and is not anticipated to have any direct adverse impact on the shoreline resources. Housing Goals ~ Attain safe, sanitary and livable housing for the residents of the County of Hawaii. ~ Maintain a housing supply which allows a variety of choice. ~ Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. Application for Change of Zone Background & County Environrrtental Report Page 7 County Environmental Report Robert K Greenwell ~ The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opportunities for our residents. Discussion: The Project would implement the above goals. The Project would provide the family members an opportunity to gain individual home ownership opportunities that would not otherwise be available. The Project would also make available an increase in the availability of 1 acre family agricultural lots. The Project will be constructed in accordance with the standards and requirements of the Department of Public Works. Public Utilities Goal ~ To have public utility facilities which are designed to fit into their surroundings or concealed from public view. Policies ~ A systematic program by the County, State and private interest shall identify sources of additional water supply to ensure the development of sufficient quantities of water for future needs of high growth area. ~ All water systems shall be designed and built to Department of Water Supply standards. ~ Power distribution shall be placed underground when and where feasible. The County shall encourage developers of new urban areas to place utilities underground. Discussion: All utilities for the Project will be installed and constructed in accordance with State and County design standards and requirements. The Project will comply with the State Department of >l~ealth's wastewater requirements. Recreation Goals ~ Provide a wide variety of recreational opportunities for the residents and visitors of the County ~ Maintain the natural beauty of recreational areas. ~ Provide a diversity of environments for active and passive pursuits. Policies ~ Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. Application for Change of Zone Background & County Environmental Report Page 8 County Environmental Report Robert K Greenwell Discussion: Due to the small size of the Project, it is not anticipated that additional recreation facilities will be required nor will existing recreational facilities and resources be negatively impacted. 2.4 IIAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Agricultural (A-20a). Under Section 25-5-70, Hawaii County Code, the Residential and Agricultural (FA) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitat, and areas where urbanization is not found to be appropriate. The proposed rezoning would meet this criteria as the Property is located in a rural area with low density residential lots of similar A-1 a designation located makai (west) of the Property, and is designated for Orchard development under the County of Hawaii's LUPAG map. 2.5 ICONA REGIONAL COMMUNITY DEVELOPMENT PLAN The Kona Regional Plan is intended to provide direction in the implementing of the Hawaii County General Plan. The proposed action would be consistent with the planning principles and conceptual land use pattern of the Kona Regional Plan which provides that the mauka communities retain its existing zoning of one to five acre lot size range for part-time agricultural use, and supports additional small agricultural lots in the mauka Honokohau vicinity. 2.6 SPECIAL MANAGEMENT AREA The Property is not located within the Special Management Area (SMA) of the County of Hawaii. Pursuant to Chapter 205-2, the property is situated within the State's Coastal Management Area. The proposed Project is consistent with the objectives and policies of Chapter 205-2. The proposed Project is approximately 4 miles from the coastline in this area. The proposed Project is situated off of the Mamalahoa Highway which is the only roadway from the Palani Road Junction to Teshima's Restaurant in this upper area of North Kona. Being at this particular location, there has been no evidence uncovered that there are any recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and Marine resources or other natural and environmental resources on the property or within the surrounding areas relating to the objectives and polices of the CZM that would be adversely affected by the proposed Project. The Property is also not part of any ongoing County or State CZM programs for this particular area. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES Application for Change of Zone Background & County Environmental Report Page 9 County Environmental Report Robert K Greemvell 3.1 PIII'SICAL CIIARACTERISTICS/ENVIRONMENTAL SETTING 3.1.1 Climate The Property is located between the 1,600-foot and 18,000-foot elevation. Temperatures at this elevation are approximately 10 degrees cooler than coastal temperatures. Average annual rainfall is between 50 to 75 inches. Impacts and Mitigation None. The proposed action will not alter the climate of the region. 3.1.2 Topography and Soils Elevation ranges from approximately 1,600 feet to 1,800 above mean sea level. The topography of the Property is moderate to steep, with an average grade of 5- 10%. The soils in this general area are classified as the Kona extremely rocky muck (rKYD) series, characterized by awell-drained, thin organic soils over pahoehoe lava bedrock. The surface layer is comprised of very dark brown muck about 5 inches thick. Permeability is rapid in the soil, and water moves rapidly through lava cracks, runoff is medium, and erosion hazard is slight. Kona extremely rocky muck soils are usually used for pasture and watershed, with small areas used for coffee and macadamia nuts. Its overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study bureau. The State Department of Agriculture's Lands of Important to the State of Hawaii (ALISH) map does not classify the area as containing lands of importance to agriculture. Impacts and Miti ation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. The Property has not been used for any active agricultural activity for awhile and none is anticipated. The Project would not remove any of the Property from being utilized for agricultural uses. The Project would provide for smaller lots which may be utilized for small scale agricultural pursuits. Therefore, in the case, there would be no lands removed the County of I~awaii's agricultural land inventory. 3.1.3 Naturall~azards Flood and Coastal 1Flazards. The U. S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500-year flood plain. The Property is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Application for Change of Zone Background & County Environmental Report Page ] 0 County Environmental Report Robert K Greenwell Volcanic and Earthquake I=lazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. Zone 4 areas include all of Hualalai, where the frequency of eruptions are lower than on Kilauea and Mauna Loa. Less than 15 percent of the ground surface within Zone 4 has been covered by lava within the last 750 years. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. Impacts and 10'Iiti~ation. None. The Property is not within any flood or tsunami hazards zone. All structures to be constructed within this Project shall comply with the requirements of the Department of Public Works, >iuilding Division, Iuilding, Plumbing and Electrical Codes to potential earthquake hazards. 3.1.4 Air and Noise Quality Air. The air quality in the Kona district is largely affected by air pollutants from natural rather than vehicular sources. The most predominant source of natural pollutants is from the emissions from the ongoing Kilauea Volcano eruption which can be seen in the form of a volcanic haze which intermittently blankets the area. Vehicular exhaust is a lesser source of air pollutants. Noise. Noise in the general area is associated with vehicular sources and residential and agricultural activities within the area.. Impacts and 1VIitg,~,ation None. The proposed action will not alter the air or noise quality of the region. Fugitive dust specifically arising from future development can be mitigated by observance of standard industry practices for air quality management. 3.2 I~ISTORICAL/ARCRAEOLOGICAL RESOURCES The Property is not among those listed as historic properties in the State of Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. The Property has been previously graded, and is currently undeveloped, vacant land. Img?acts and lO~Iiti ation None. The entire Property has been previously used for farming and ranching activities, any surface or subsurface archaeological remains are unlikely. I3owever, should any subsurface archaeological sites, artifacts or remains be uncovered, work shall immediately cease until clearance has been obtained from the Department of Land and Natural Application for Change of Zone Background & County Environmental Report Page I ] County Environmental Report Robert K Greenwell Resources, Ristoric Preservation Division and the County of Ilawaii Planning Department. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna The Property is an unimproved pasture land. The Property's existing terrain is supports a Lowland Mesic Forest and is marked by a dense overgrowth of alien cover, vines and mature trees, including ohia, rose-apple, Christmas berry, guava and lama, and by introduced animal species, such as mongoose and rats. Ianraacts andd IVliti~ation None. The Property has been previously disturbed by fanning and ranching activities and it is unlikely to adversely impact rare or endangered native plants and/or species, since there remains no evidence of saane within the Property or the surrounding area. 3.3.2 Scenic and Open Space Resources Views from the Property, include a sweeping panorama of the coastal area from high points where vegetation does not obstruct the horizon. The Property is not listed as a distinctive and identifiable land form distinguished as landmarks or as having a frontyard vista of distinctive feature as identified in the General Plan within the North Kona District. Impacts and Miti ation None. The proposed action will not directly impact upon vistas. 3.4 SOCIO-ECONOMIC RESOURCES The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in West Hawaii. The 1990 Census figures indicate a growth rate of 62.1% for the period 1980 to 1990 and 28.1% for the period of 1990 to 2000. This rapid growth in population and the projected in-migration will require the designation and allocation of land uses in appropriate proportions and in keeping with the social, cultural and physical environment of West Hawaii. Ianpacts and Miti ag ti®n None, as the proposed rezoning meets land use plans, policies and controls which support the designation and allocation of the Property in agricultural and very low density agriculturally-based residential use in keeping with the social and cultural environment of the ~onokohau area. Application for Change of Zone Background & County Environmental Report Page 12 . County Environmental Report Robert K. Greenwell 3.5 SURROUNDING AREAS The Property abuts one-acre (A-la) agricultural lots along its western and eastern boundaries, Agriculture 5-acre (A-Sa zoned lots along the northern boundary, and (A-20a) agricultural zoned lots along the southern boundary. Impacts and 10'Iitigation None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the proposed development of the Property. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access The Property is accessed from Mamalahoa Highway, approximately one mile southeast of the Mamalahoa Highway-Palani Road Junction. The vehicular entrance route leading to the Property is a privately owned and maintained roadway which has a 20-foot wide paved roadway within a 60-foot wide right-of- way. Im,~acts and 10'Iiti ag ti®n None. It is not anticipated that the proposed action mill generate any signifDCant daily vehicular trip counts along the private roadway which are generated by area residents. 4.2 Water System County water service is currently available to the Property from the Honokohau Reservoir and well site, that has been dedicated and deeded over to the County of Hawaii Department of Water Supply, located adjacent to and east of the Property. Impacts and 1m'Iitigation None. Future lot owners will be serviced by a privately operated water system which will be sufficient to meet the needs of the agricultural lots. ~.3 Wastewater System The Property is not serviced by a municipal system. Wastewater is proposed to be managed by private septic systems in compliance with all applicable State and County regulations. Impacts and 10'Iitigation None required since private septic systems will be installed in compliance with all applicable State and County regulations. In addition, the Property is unlikely to contaminate groundwater resources since Application for Change of Zone Background & County Environmental Report Page ] 3 County Environmental Report Robert K. Greenwel! the Property is not located along the lower coastal resource areas of North Kona. (See Ezhibit D) 4.4 Police and Fire Protection and Medical Services Protective and emergency services are provided by the County of Hawaii, with the police headquarters and fire station located in Kailua-Kona, and medical, surgical, acute care and skilled nursing facilities available at Kona Community Hospital in Kealakekua. Irn,pacts and Miti a~ tion None required as adequate police and fire protection and Hnedical services are available. 4.5 Utilities Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Inspects and Mitigation None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship I$etvveen Short-Term and Long-Term Uses and Maintenance of Long-reran Productivity Development of the Property will alter the open space character of the property, but based on the findings within this report, with the implementation of appropriate mitigative measures, the Project will not result in any significant short- term or long-term adverse impacts to the environment. While development of the property will remove the land from existing agricultural use, the agricultural productivity of the site is relatively low and there is an abundance of other lands available in the region that are better suited for such use. Developing the property for the intended rural residential use will provide the benefit of enlarging the inventory of rural residential property to this area. The development will be supported by the necessary public facilities and services, and development would proceed in a manner that is in concert with the long-range State, County and community plans for the region. Development of the project will also result in socioeconomic benefits to the community. The construction work associated with the proposed subdivision will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes as expected to more than offset the cost for the minimal expansion in the need for public services necessitated as a result of the proposed development. The Application for Change of Zone Background & County Environmental Report Page 14 County Environmental Report Robert K.Greenwell proposed action will enhance the long-term productivity of the Property: (1) by placing the land into viable agricultural lots thereby providing opportunities for successful small-scale farming while maintaining the existing rural character and lifestyle of the Keopu and Holualoa communities, and (2) by broadening and diversifying the region's economic base. 5.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIJF`I', OR REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from establishment of the Project are minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or elimination impacts an have already been institutionalized through County, State or Federal regulations, codes, and ordinances. Mitigation measures of this type usually apply to control of temporary or short-term construction impacts such as soil loss, noise, and air quality effects. Generic mitigation measures are standard, accepted means appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-term effect, or those for which some form of monitoring or compensation for the environmental effect are required. In terms of the Project, the specific and generic mitigation measures that are recommended include: • limiting construction to dry periods to the extent practical • limiting construction activities to daytime hours • Adherence to all Federal, State, and County environmental protection, health, safety, and construction rules and regulations • controlling dust by watering exposed areas and through the use of proper stockpiling procedures • protection and preservation of archaeological and historical resources in accordance with appropriate State and County rules and regulations, if applicable. 6. ALTERNATIVES CONSIDERED An exploration and evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs, and risks, was performed in order to assess options that might enhance environmental quality and cause fewer detrimental effects. A discussion of these alternatives follows. Application for Change of Zone Background & County Environmental Report Page 1 ~ County Environmental Report Robert KGreenwell 6.1 No Action Alternative Under the "No Action'' alternative, the Property would continue to remain unimproved, would not broaden and diversify the region's economic base, and would not help to implement the objectives of the Kona Regional Plan which supports additional small agricultural lots in the mauka Honokohau vicinity. Keeping the area in status quo would be contrary to the economic goals of the General Plan which allows for small-scale farming, making diversified agriculture a feasible endeavor for the young family or resident with limited income, and the economic objectives and policies relating to agriculture of the Hawaii State Plan which encourages the growth and development of diversified agriculture by making available agricultural suitable lands with adequate water to accommodate present and future needs. The "no action" alternative also will result in no physical change to the property and leave it in its current agricultural use. This alternative will not allow the objective of the Project to be achieved and would deny the public the benefits associated with the proposed development. No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. 6.2 Alternative Use The current zoning for the property is Agricultural (A-20a). The Property, based on its limited size and soil characteristics is, notably, not well suited for large scale commercial agricultural use. As described earlier, soil studies indicate that commercial agriculture on the project site is not economically feasible. The Project would be compatible with the County of Hawaii General Plan. The Property is already bounded on one side by an existing 1-acre agricultural development and other surrounding areas are basically agricultural in character. The alternative use for the for the Project would still allow for low-scale backyard gardening agricultural type activities. Therefore, the alternative use of the Property for the Project is deemed to be a viable alternative. 6.3 Alternative i.ocations The Property has favorable site characteristics for rural residential development. The Project is adjacent to the similar zoned lands and other small agricultural acreage lots and as such, would complement an existing development pattern in the area. Infrastructure to serve the property is already in place to the Project. Application for Change of Zone Background & County Environmental Report Page 16 County Environmental Report Robert K Greenx~ell 6.4 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities. However, the low density of the proposed action should mitigate the extent to which these resources are encumbered. Based on the above findings, the proposed FA-la change of zone redesignation would result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare, and be consistent with the goals, policies and standards of the Cpeneral Plan. 7.0 AGENCIES CONTACTED County Planning Department Department of Public Works Department of Water Supply Fire Department Police Department State Department of Land and Natural Resources State Historic Preservation Division Department of Health Application for Change of Zone Background & County Environmental Report Page ] 7 ucc-ir°ul 14:3L From-CARLSMITM +18083288450 T-036 P.OI/ZZ F°531 ~~~,LSMIT~ ~L~ i.LP A LiM~rED LIABILITY ].A W P,mRTrvfluyiY ?5-1000 Hf NRy STREET, Su12-E 1ov ~ " ' P.O.13UX 17lU KAILUA°KONA, }"IA W All 9674 5.1720 -PI:LEPHUNE (8u8} 33y-b~s64 FAx (809) 829.9450 ~ V~ Vi/ W CARISMITF9 CAM F'~CSimll,.F T>~ls>v~llssl®N [1Nir-IE93 f91'$kRi?'d31r 81dAtd:A'Y'F'1D tDR A~V1AU~ gBtt~b$ ~'FYd~ NA7'Ul6BG (Eb''8'H9l: TlL4D19m3$8`r.AE.r 3'~ $N$'4l~iQ~dA'g'1LDEd C®NTAffiK~ ~d 1r3B$S AAC`sFDf~ldB~~AG~ 9~ al-ra~4tiv~Y P$idVli.i~c,'b:~iAiVm C®Pd1~F.iV'1`Lti. ~O~'vd+a'8'I+PAI YN°P~NBDE$11 laoa °a~ vss o~ •r,l$s $iu~sva~uwa. cap ~:id~'rrY it mow. a6 ~ R~AA~R o~ TTits ar~sspQE as ~ao'r 27~ $N'rf NtS~$ dLECU?9EN'1'. UR THE 6.A~YLOY Obi. A:G>=1Vr ROI~t5E~7.E FOA DE[.IVE8iJ1VG i°°~" 7'O T&3E' I:JT'9id8']`D k1EClYlLN'i: YUU ARC ~E~Y NOTIfi~85 THAT .ANY ATSSEMI*1artON; 3~$S't'~21i3U7'lON OR CL?PYiNG OF Id~3L~ COMMUNBCATION YS STRICrLY FROFiY~iTED. lY' YOU KesVP RPc~$VPD !'li1~ CU_til9AUN$Cn$6ON $N LRROR OR t.Rt•' NOT SL7RL iTi$fCTk~ TT IS PATV1a-F.4A1), PaFnsP III~T~Y NO'r~Y us ~Y Col~cr TT~i:~FFONF, nr+t~ RETt7[tN Tl~E oJtqu$NAL tv1~a'AOI: 7o us aT asov~ aApRF-S.i vu. Tim v s PosT.~,. $~,vcc9 ,,r oust J;xP9iva~, rr$AN$;; You. ~A~'E: October 19, 2001 `Y'®: Nay Fanc l~Ja~. Pie N®. Susan (~a~oaik, Plirag 951-8742 961-~?88 L3epaent FR®~1: ltobrrt A. ~`ria~nt®s lOTIJ1v11R~i& ®1F' PAGIES 1NC1.UJ3dI~~ T#1i~ CDVE>R SlE~1~T`: 21 Cr~sE lYw1v~: Hobert C~reen~,ell ~ ):oaa Alen l.aznbert Cltan~;c of ~orae (1~.Z01-010) C~bSE 1vL~i~~1&: 026504-00004 ORICyINA.IJCOPY 1rVILL 8~ 1KA11-~D ~ OItIGINAI/CQPY ~VII.~ N®T B~ 1~1AILED l~~sSAcl~: .Enclosed is the applicant's resp+puse witch exhibits to y®ut< request on the Public Access, Private roadway and I~Is. Paulette Fo~lesottS Roberson yssues regarding the above-referreraced Cl>fa~ge ®f Zoa~e application-- We will be uaailing the ®ril,~al aid 20 c®ples to you. Should you havrr any other questions, please call tree. if probleYns occt$r, please call Royden Yaxnasato at (808) 329-6x64, ~~i%i1~6%~ w e 1~')~X. P+l~LL-(~i}(11'SCi Oct-19-01 14:32 Props°CARLSb' +18083299450 T-036 P.OZ/12 Pa531 ~~R..LSMI?'I~ BALL LLP A I.IM1TfD 11A61uTY Ln ~ PARTf~ER.ihoP 75-1000 HEtJRy STREET, Sut7f: 209 P.0.9ox t~2o KAt~UA-KONA, piA WAIT 96745.1720 ~TELEPHC7NE (8uB} 329•b4b4 FAx (848) 329.9;Su WWW CAAr_SMtTHCOM - October 19, 2001 Mrs. ~eraldiaac 1~1. C`rif~aa><, C~aaarpcrs®~ Couaaty ®f Hawaii Pda>r~it'~ C® 'scion Mr. Christopher J. Yueta, P ' ~ director Coa~ty wf ¢~a~rai.i Pl ' ~ I~epaacaat ZS A;lc~pai Strcet i*Iilo, ~'lawaii 967?0 A~`I'i~I~i`~~?1~1: ~IJS~,iV G~.~t1~ Its: klpplic~aats tr~panse: i~atiblie access, Private Itoad~ay ~ ~d,~aceaat I.~a~da~?ner ixxu~s ~ppiic~sete .R~b~rt I~ha~+ Gt°~>tevveA ~.ett: ~abert ~''tt3ant®s, EsQ., Catrl~~ith mail L~I.F ®wners: igabet't ~elsh~ov ~r~>tg~veA X.®~ irtJen I,.~aot~beri' ~iegssaest: Change I~~~~ae °otn A~tricaaDta~~i 20-acre (~-20$) to iraemaly ~~rsc~iture l~acr~ CFA-lx) t® a!!ow tle~ devel~pene~ot s~f 231ot farni9y a~tBCtticus^ai $ubdevisi~sea. Tex 11'l~~~x '~-~i-ifAbe 004 gear Chairpersota Giff°ua ~ Mr. Yuen: We have e>aclasrd the ~pplacant's response to the above-referea~ced isstaes as requ~saed: Oct-19-O1 14:32 Fror~CARLSIJ +18083268450 T-036 P.03/12 F-531 Mrs. ~raldinc M. Giles, Chai$person Mr. Christopher ] Yucca, Plaaaaairag Director October 19, 2001 Fage C n,~~lPaabli,~ Ac~:~s eel-e~eeal~ AoiD icant's $~esr~oa~c- Tlac parcel is a X7.131-acre 1"ectaaagaalar-shaped, tataiaa~pgoved parcel o$'latad located rtaauka of 1Vlasaralahoa Highway, appro~taately one wile southeast of flat Maanalahoa l-li~hway-Palaaai Road 3aatlctiota. The Property is rtaare pargie>dlarly described as Lot l0-$, beita~ a portiata of Royal Patent No. 6$SS, Laud Coatutaissiota Award No. 99'71, Aparaa 9 to VViliiatta Pitt lrcieiohoku, sataaated at Hotaokobau ?sad, District of North Kona, lslatad and Couaaty of Hawaii, atad is dcsi~aaated by Mate of Hawaii Tea. Map Key Na.:(3)7-~-OU6: 0~6. c property is located betweeaa flat 1,600-foot and I,~O~-foot clevataoaa. T}ae Prroperty is located appr®ar~nately q~ rrtiles rya of the shortliate aid appa°oxiiraatcly 3.6 ~ilcs froth flee naauka Kaupaalehaa Forest RRe~serve Area. In addatiora, within the General Plata and the Koaaa R.egiotaal Pura, there arc no ideaatificd public accesses related t® the abovc- refereaaced property. °Thercfore, there will be na adverse i~tpacts to stay sboreliiae or tteataka paeblic accesses as a result of the requested ChanSc of done Request for the proposed subdavisiota. ~1'~aa c a ~4~' Isse~e• ~~~c ~ 's . ~Ve have enclosed a copy of a VVarrasaty Decd that conveys flee above- referenccd property to Grantees, Robert Kelsbaw Greeza~+eA seed Lou Flleu Lambert; recorded with the bureau of Conveyataces ota ):ebraaary 12, I991 as Doctanaetat No. 91- OI9027. lta exhibit A of this cotaveyance docaarxa~it9 we would like to taote the followiia~: l . Parcel A is the lc~al vvritcen aractts atad boaands descriptioa~ of the above-rcfcretaccd propcrry. Tbis is cotasistc>at with the Subdivision lvlap approval #4654 approved by the Platat>.in~ l~epart~acnt. (Sec ~xhiait A~ Parcel 1~ (Roadway) is ehc lc~al writteaa nactts atad boaaaads description of Lot 12. This is the roadway frosts 1Vlattaalataoa Highway to the above-a~cftretaced property. 'Them is also a reservation t® the ~drataBorS, our cltetats, a TD®lta4eaelttsive, perpetual easetracnt for roadway attd utility pttrpasts to be steed in c®ttattaota with tht ~ratatees....ora ttradtr, over, and acr®ss eht parcel of land hertinabove described (~,ot 12). (Stt exhibit ) ~e have also eaaclosed a copy of the approved subdivision map #4654 that created Lot 1Q-~, that is presently our clients property iaa the chatage of zoaae regtaest, Oct-19-01 14:32 Frc~CARISV +18083299450 T-036 P.04/ZZ Fm531 Mrs Crer~Iditac M. Gaflfac, Chairperson Mr. Cbristopi~er J Ya.seaa, Platsning Director October 19, 2001 Page 3 shoring the location of Parcel ~(Rdadway) Lot 12 to clearly show the ~lpplacatat's ruts for the case of this private roadway. ~ cer~ er Cl~i _ r e e 1Fo sin The property owned by the idlary I~alele Foglcsong Livitag Toast as Tax Map Key: 7-9~-005: OOq~ whose access has always been from the Old Govcrazttaent Road. The Faglesang's, utafortutaatciyleeve not taken stay actiota all these years to rraab:e a decision as to bow a viable roadway access would be provided to theme propertyy. The road access to their praperty has always been from the Old l~averiattaerae Raad. Tlacref®re, their road access rights to their properrtyy has taut cltataged. 1n addit~~on, the stabttaission of our Applicants change of ~orae regatcst does teat affect the road access to their property. Under the basic pritaciple o$' law, where one wishes to acquire private access ease~ertat tights, the raorataal process would be for the parties an~olved to negotiate the terms sled cotaditiotas of s>~ach ~ agreeatiemt_ Tlac Foglesong's sboaald not bold our Applicants change of zone request as ~ tttextts to clairDa for a road access cascttattat to their property. There is a legal process by which the two panics tttaast comae together to discuss sled negotiate, not Drily the access easettaetat issaae itself, brat ®ther issues that itaclttdc the cost of the existiaa$ ' cturc and also the other owners of the Parcel R (R®adway) I.ot 12. t1s Nls. Foglcsotag Roberson states its her letter of Aaagtast 7, 2001 e~rhich was seat to your office, alts itadicates that "ire caataelarsiort, eve would 1il€e tp discus with Mr. Greertwell oua~ coracertas seed the fallowing itettlts. 1. Allow use of the ~5~ fnatt access easernetat ttp to the old Gavernrttctaa iissad" for oatt° access to area- parcel (ltulearaas) as neigbbar°s." Therefore, Ms. Paulette Foglesan Roberson aaraderstaaads that else just catanot request fleet the Pl g Cotaissiota gratat her a free sled clear road access easettaetat to their property. The acgaaisitian for eta road access easetttent traust be betweeta the ivvo private patties and may others involved. vve would represettt to the Platatainb Cottatnissiota for the record thai we are open to discuss this issue wiil~ Ills. Paulette Fogleson Robersota or ber designated representative, but to this date, our Applicant bas not been contacted to begita a discussion. for any road easements to their property. _ Oct-19°O1 1A:32 Frass-CARLS6" +18083299450 T-036 P 05/22 F-531 Mrs. Geraldine M ~i~rJ, Chairperson Nlr Ghristapher 1 Yuen, Planrair~g %~irectar October 19, 2001 Pale 4 Por your added iasfort~sation, we would Like to inforats you of the fo~lowixsg: 1. Jcstae 9, 1997 -The Cotaatty Cotaxscil approved Chaasge of Zoase Or ' ce tso. 97- 7Q far Tax Map Key: 7-4-005: 002 froaas a ~gricultssra120-acre (~-2Qa) to Agriculttaral 10-acre (A-l0a) zone district. This property has a coaasauoaa boundary lisae wash the 1=oglesong property located oas the north side, astd identifaed as Tax Map 1Cey: 7-4-0D5: 004. 2. Jasase I4, 1996 - A subdivision application far the creataoas of 21ots was subaaaitted to the Planasing Meparrgttaetst (SUS No. 196-61~- 3. A.pri127, 1997 -Variance No. 8l 8 was approved by the Pl Director to allow the cgea~on ®f a 2 Scat subdivision witlsout a water' systeass taseeting kith t$ae assn water regtaaaeanents of the County Mcpartaisent of 11~ater Seapply_ 4. ®ctober 27, 199"7 - Var$asace No. 866 was appr®ved by the Plar~ai~ Director to alt®~ the creation of a 21ot subdivision without aaleeting ghe IVlitaistsuni right of- way and pavearsent wadtl~ and Standard for Non-Medicable serest rcgaairegnents of the Stibdivisioas Code. 5. Septeanber 9, 1998 - l~irsad Subdivisions approval was Breasted for SUS No. 1996- 61 as Subdivision No. 7020. `Ve have easclosed a copy of the approved Subdivisions rrgap that shows fleet there is aas easement f®r r®ad and utility p?stposrs that abut the ~'®glesosi$'s cooaa side botsndany prapenty line with 'fax Map Key: ?-4-005: 002. Therefore, the Fogies®nsg's also have this other captions to contsider far acquiring a road access and utility easeatas~ast to shear property ft'ozts Ibis ac~aceast property. (See Exhibit C) However, the .~.pplicasat, Robert Kctshaw Greenwell and Lou 1~Ucn 1-aaasbeat do not have ownership interest in Tax Map Key: 7-4-005: 002. Vole hope that these responses adequately address the issues as yore have requested- Oct-19-O1 14:33 Fror~CARLS~" +18083299450 T-036 P.06/21 F-531 Mrs. Geraldine M. Gi1~`iaa, Chaarper~on Mt' Chrastopher J Yuen, Pla~aiag Director October 19, 2001 Pale 5 Should yo1~ hive ~y ques4ions, pjeasc call Yrae. Very y ~ , C ~ ~b A. Tra os RDT:rhy lrnc: at~a ~ ~ azasna.ooou~ Oct-18-01 1433 Prole-CARLS!' +t8083Z99450 T-036 P O7/ZZ F-531 AFrora~6D ^5 ~~~ySe n^wA11 ~ 1 z ~ ~ LAJITD COURT SYSTEM F2EGUI.AR SYS~'EM Rcturrt b;~ A9ail, ( X ) F~1.Cbcup ( ) To: NATsCAbyJOTO, YO9HIOKA ~ OICAEaiOT0 Attorneys At T,aw l>3? FCapio,lal9i Street Hilo, F$awa~.i 96720 TITLE ®F D®CLINlEN'i6: NAF3RANTY DEED PAR°~IES T® DOCUF~BEIdT Grant®r~: R®~~>T FRAE~dCIS GIZ)w~N6nTELL, Trustr~a ®f that: cesta~ia~ Rolbert ~`x~a~ac~.s Graanwell Revocable >G~.virag Trust, dated February 23, I9~2, as amer~dedl; arac3 FRANK 14_ GR)rEN60~~.b asad RO~IERT IC. GREPNwELL, as Ca-Trustees Qf ttaa~e *:ertain Alice Emily Greez~well I2evocabl.E. Livarag Trust dated July 2]., ~.9~2, as amended. OraYleees: R®~ERT KELS>~AaAI GRZr~NTnO>eLL egad LOU 1`LLEN LANdRERT, husband ~ca~d wife PROPERTY I]ESCRIPTION: bIH~)E~/PAGE: a) All e~ that certain property DOCUMENT NO.: situate aft #ionokohau 2nd, TRANSFER CERTIFICATE OF DiSt~'ict of NoI°th Kora~t, Is~.arad, TITLE N®(S) . County and Sta~~ of Hawaii, cantainang an area of 27.131 acres, m®re or less. ~ 1 Oct-19°O1 14 33 Frot~mCARLS4! +16083299450 T-036 P.06/11 F-531 b) All of that certain property situate a~ Hon®kohau Zrad, Distr~.ct of North iCaraa, .island, County and S~a,r~a of Hawaii, containing an area of 0.933 acres, more ox' less, being further ident~.f~.ed as T:at No. ~.2 of the "Moat®kohau Znd Suhidivision" . ( Roadway ) Affects: ~t~iic ( 3rci) 7-~-6-6 +~?ARRAIVTY DEED KNOW A~,L MEN BY `T'HESE PRESENTS That ROHERT FRANCIS GRE£AiWETaI., whose residence is o8t Mamealakaoa I3ighway at Hoatca}cohau lst, North Kona, I3awaii, and whose mailing address is P. O. Daac 1718, Kailua-Kona, Hawaii 96745, as Trustee o$ that certain Robert Francis Greenwell revocable i,iving Trust, dated Fs7arszary 23, 1982, as amea~dec3, Brad FRANK R. GREEN4~I=&lk,, whose residence aa~d 8naili.rag address is 2.513 Aha Aims Flare, Honolulu, Hawx~ii. 96821, and RQ),3EFtT K. GREEI+PNE~L., whose Residence address is 73-88® Kupaloke Sheet, Kailas-Kona, Hawaii. 96745, as Co-Trustees of that cex'taiYa Alice Emily Greenarell. Revocable Living firust dated Juay 21, 1982, as amended, ttereiraaf~er cal~.ed rtes Graattors, f®r z~nd itt consi.deratiori of the Sum of 1°EI~ >,O&LAFtS (S10.C?0) and other valuable cansideacati.on to them in haaad paid by Ro13ERT KELSNA6d GREEB~n1EI:I~ and I.CiU ELLEi~d Z,AA4SERT, husband acid wife, whose residence address is 73-880 Fcup&loke Street, Kailua-Kona, Hawaii 9674Q, and whose mailing address is P. Svx 1779, Kailua-Kona, Hawaii 96745, hereinafter called the Grantees, the receipt whereof is h~:reby acknowledged, have sold 2 Oct-19-O1 14:33 Frotr~CARLS' +19063299450 T-036 P.09/Z2 P®531 and by these presents do hereby bargain, sell, assign, c®nvey and traaasfer uYato ghe sand Grantees, as tenants by the entirety with right of surviv®rship, all of the praperty descr~.bed ~.n Eachibit A attached hereto and by reference anae~e a part hereof . Z'OGE~'I~tER, With all and Singular the lmproveetdents, tenements, rights, ezaseanerits, privileges, hereditaments and apgur'~esaances thereunto bele~ngi.ng, or in anywise appertzain~.rag, and the reversi®n and reversi®ns, r~tsinder and reanainders, rents, issues and profits thereaf . ~'O HASiE APT$5 7C0 B~IOL17 trS~ SadtiB 1111'irO the Sa2d Grantees, as^ tenants by the entirety, to the survivor of theca:, and to such surviv®r's nears and assigaas, Forever. And the said Grantors c3o hereby coveraaYt to aaad c~ith ttae said Grsn'eaes, their he~.rs ant! assigns, that they are seated an fse +of the saie~ granted ~aresadises; that they wave gr®®d ra.ght and ,lawful authori-~y to sell acid c®nvey the saasae: ~eiaat the same is free a~ad clear of eracaambranoe of every kirac3 and characteg, save and e~ccept rss noted sin said lErxhibit, anti that they will. andl tl'aeir successeacs and assigns shall WeARRRN°f atad HEFEMIa the title thereto against the lawful. o~.aa.~ss of all persons tnthoaatsoever . IN WITNESS WHEREOF, the said Grantors have hereunto executer3 these preseazts ®n tihis ~ day of ..JGz v~ c~ 1991. OBEF2T BRA CIS G NW l.l;, Trustee under that carte F~Qbert F~ano3.s Greer3well Revocable Laving Trust dated Felaruary 23, ].982, as ~ssaaer,ded 3 Oct-19-O1 14:34 FromaCARLSI +18083299450 T-038 P 10/22 F-531 ~ / 6.-~<:s-ems .•-~~f 1" RAN GRE NbJEL~, RfJ~ R£ENW1r~,1G Co-Trustees ®f ttaat oeX'tain Al,ace If:mily Gr~~sa~aell Rev®eata~.~ l,a.ving Trust c3aeed Jtaly 21, 1982, as amended ~TAT~ RAwAZ~ ~ ~ ss: coui~T~ ®>F xa~w~zz ~ Cn thy. s day of Oil P"~ ~ et 19 91, l~e~ar~ me personal~.y appeared R®~Ed~T ;FRANCS ~RR~NW %1~, Trustee ®f the R®bert Fx'anois Greenwell RevQOa>aJ.s ;Giva.ng ~'rtgst dat~c3 ~°~~tary 23, 1982, as aratesaded, to ~e knowxa ro be the person deseri~d i~ ane~ tah® estecx~~ad ttae forec~ol.~ag instrument, aaasl ackA®wledg~~ gtaat he exeouted ghe same as has free act snd domed as such Trustee. Notary Public, Stare of Hawaii. My oO~tmissaon expires: ? ~ ~ S, 4 Oct-10-O1 14:34 Frart~CARLSI +16083Z9A450 T-036 P.11/Z2 F-531 9TAT>b O~ NA6JAIT ) S~: CITY AND DOiJNTY OF HDNOI.UI.U ) Dxi this day of _ ~ u_ Gt_.ti. 1991, lkaefore rye personally appeared P.ddK R. GR)rJrAd6~J&I,F.. Co~ z'usYee of that certain Alice 1?mily Gra~rtt~~11- Rev®cable L.iviaag `rust dated July 21, 19!32, as a~eaaded, ane knaaan °CO be t2ae pars®n desCri~d it3 and wh® executed size fore®~.ng instrument, and a~knotaledged chat tae executed the saane as his free .act ~snd deed as such Trustee. Notary Public, Sta'i` of Fiswa~~.. t"ty ccmm5.s~~oxi ~xpi.res: 9'~°' ~ . S. ~'I°AT'E OF ~$1~14dA I 1 ) SS: CDtJNTY OF HA6J' AI ~ ) Gn thas clay of oz it 1991, be#®re aye ~aersona~.ly appeared ~O~~RT 1;C. G1~i~1~NW~LL., C®-Tx'ustee of that certain Alice ~~n~.ly Psreenwell I~eVCCc3ble I.].V,3.Yl~ Trust dated Jt,~.ly 21, 1912, as a~acaezaded, tQ me Jtaaoa~tl t® be the pars®n descsibed in snd who executed the faregoi~g instrument, and ackra®wledged thrtt il~e executed the same as has free acz aa~d need as such Trustee. Notary Public. Spate f Hawasi. i My ccammission easpires: ,~~.5' , S Oct-19-O1 14:34 Frog"CARLSM' +18083299450 T-036 P.12/22 F-531 EXHIBIT Parcel A All of that eertain properky (being a portion of Royal Patent Number 6855, l.and~Commission ANard Number 9971, Apana 9 to 1^J. P. L.eleiohoku (Certificate of Boundaries iJo. Z7) ~ situate at Honokohau ?nd, District: of tJoCth F:ona, Island, County and State of Has~aii, containing an area of 27.131 acres, more or less, and thus bounded and described as per survey of Haruo Shigeaka, Registered Professional Land Surveyor, dated S@ptember 4, 1987, as t:ollows: 1eginning at a 3ia inch pipe in concrete at the Southeast c®rner of this parcel of land and on the boundary of Honokohau 2nd and Papaakoko, the coordinates of said paint of beginning referred to Governm@nt Survey firiangulatior~ Station 'T40aNUT1,H~'A- being 20, 676.59 Peet South anti 3,827.62 Eeet west znd running by azimuths ~neasuresi clockwise Prom True South: 1. 72° 57' 46' 34.09 Feet along Grant 3556 to George McAougall to a with concrete lei; 2. 7q• 03. 31" 1174.07 feet along Grant 3;56 to George McDougall; 3. 164• 03' 31" 161.20 feet along R_ P. 7766, I.. c. Atd 7890 to hu~:ona ; 75• Q3' 31' 111.37 Eeec along R. 7706, >r, C. Aw 7990 to KuE:ona; 5. 15>° 35' 343.51 ~eet along ehe remainder of R. P. 6855, L. C. emu. 9971, .~pana 9 to FI. p. Leleioho~:u (CPrCl~lCdt2 of BOundarlES No. 37), Oct-19-01 14:34 FromaCARIS~! +18033209450 T-036 P~13/2Z F-531 ' ' 6. 7S• 3D' SS" 11.59 feek along the remainder of R. P. b855, t,. C. Aw. 9971, Apana 9 to W. P. i.eleiohoku (Certificate of Boundaries No. 2?); 7. Thence along the remainder of R. 6855, I.. C. Aw. 9971, Apana 9 to 6'd. P. Leleiohoku on a curve to the left with a radius aE 27Q.OQ feet, the chord azimuth anti distance peing: 6Z° 24' 1'S" 122.47 feet; 8. I39. 17' 95" 6D.QQ feet along the remainder of R. P. 6855, 1:... C. Au. 9971, Apana 9 to W. P. Leleiohoku (Certificate of ~ounddries tJo. 37) ; 9. Thence along dot 9 of "Honokohau 2nd Buladivision' on a curve to the eight with a radius of ~3D.Q4 feet, Che chord azimuth and distance being: 292° 24' 15" 149.c8 feet; 10. 154' 35' ~ 471.36 feet along ~.ots 9 and 6 0~ "Honokohau 2nd Suhdi~ision"; 11. 268° 09' 45" 396.75 ceet along R. P. 7587, I.. C. Aw. . 11216, Apana 3b to M. Kekauot~ohi (f°ertificate aE Joundaries No. 13$) to a 3/9 inch pipe in concrete marked F-~C V; 12. 238" 06' 15" 308.36 feet along R. P. 5247, Z,. C. Aw 7490 to Polapola to a 3/a inch pipe in concrete marked ~G I'~; 13. 213° 13' Z5^ 74.13 feet along R. P. 5237, )r. C. !~w 7490 to Polapola to a 3!4 inch pipe in concrete marked ~G IIZ; 15. 336• a6' S5° 136,89 feet along L. C. ,w. 8219 to Ikeiki to a 3/4 inch pipe in concrete; Oct-19-O1 14:35 FromaCARLSIi +18093299450 T-036 P.14/12 F-531 i 15. 249. 10. 45" b49.64 feet along L. C. Aw, 82IB to ikeiki to a 3/4 inch pipe in concrete; 16. 15q° 08' 45^ 152.23 feeC along L. C. Au. 8218 to Ikeiki to a 3/~i~ inch pipe in concrete; 17. 264° 29' 15'• 35.bb Eeet along R. P. 7587, L,. C, Ard. 11216, Agana 36 to M. Kekauonohi (Certificate of Boundaries No. 138) to a 3iq inch pipe in concrete marked 1-~i, v ; 1$. 334' 08' 45" 236.21 feet along Grant 3022, Agana 1 to I;alua to a 3/4 inch pipe in concrete; 19. 336' S5' 45" 211.64 feet along R. P. 5230, L.. C. Aw 7870 t:a Kamohai to a 3/9 inch pipe in concrete; 2A. 337° 18' 05^ 31A.55 £eet: along the remainder of R. P. 6855, I,. C. Aw. 9971, Agana 9 to W. P. Leleiohoku~ (Certificate o£ Boundaries No. 27) to a 3/4 inch pipe in concrete; 21. 345° 12` 35^ 149.38 Feet along the remainder o>r R. P. 6$55, L. C. Ara. 9971, P.pana 9 to W. P. I.eleiohok~a (Certificate ®f Boundaries No. 27) to a 3/9 inch pipe in concrete; 23. 339. 14' 20" 133.64 feet along the remaindec o!: R. P. 6855, t,. C. Au. 9971, Agana 9 to W. P. I.eleiohokba (Certificate of Boundaries No . 27 ) to the point: s~f beginning and containing an Area o£ 27.131 Acres. Oct-19-01 14:35 From-CARLS6' +18063299450 T-038 P.15/22 F-531 ~ ~ , SUa.1EC°I`, 4i06dEV~R, to all existing encumbrances, including, but not limited co, Easement "A" (60 r<t. wide) for roaddaay and utility purposes, more particularly described as follodas: 1. 75° 30• q5" I372.62 feet along the remainder of . R. P. 6855, L,. C. Adr. 9971, Apana 9 to W. P. Leleiohoku (Certificate of Boundaries No. 27); 2. Whence along the remainder of R. P. 6855, L.. C. Aw 9971, Apana 9 to bd. P. Leleiohoku (Certificate of Boundaries . No. 27) on a curve to the left daith a radius oz 270.00 feet, khe chord azimuth and distance being: 62° 24' 15" 122,47 feeC; 3. 139° 17' q5' £0.00 feet along the remainder of R. P. 6855, I.. C. Ada, 99?1, Apana 9 co W. P. Leleioh®k~a (Certificate of aoundaries N®. 27); 4. Thence along I.ot 9 0£ "Honokonau 2nd Subdivision" on a curve to the right with a radius of 330.00 feet, the chord azimuth and. distance being 29?° 29' 15" 149.68 feet; 5. 255° 30' 95- 1363.96 feet along the remainder of r2. P. 6855, L. C, Ada. 99'1, ;,pans 9 to 6a. P. Leleiohoku (Certificate of boundaries No. 27); o. 337° 16' 05' 60.6? teat along the remainder o: R. P. 695$, C. Aw. 9971, Apana 9 to 1,r. P. Leleiohoku (CerCi>+iCace Dl: Boundaries No. 27} t4 khe point o£ beginning and containing do Area of 2.a7~ Acres. Oct-10-O1 14:35 Frog°CARLSI~ +180332A9450 T-036 P.16/22 F-531 Parcel B (Roadway) All of that certain property [being a gortion of Royal Patent Number 6855, Land Commission ANard Number 9971, Agana 9 to W. P, a..eileiohoku (Certficatn o>: Boundaries No. 27)J Situate at Konokohau 2nd, District of North Kona, Fsland, County and State of Hawaii, containing an area ®E 0.933 acres, more or 1e55, being further identified as I.O'C' NUt`18~R 12 of the "HONOKOHAU 2ND SUaDIvISION', and thus bounded and descriped as per survey o>= Haruo Shigeaka, Registered Professional Land Surveyor, dated September 4, 1987, as follows: 1eginning at the Northwest corner of this parcel of land, on the South boundary caE R. P. 5?3l, L. C. Aw. 7396 to hekipi and on the ~ast:erly side of Mamalahoa Highway, the coardinates of said point of beginning referred to Government Survey Triangulation Station 'MQANUTAH)rA" being 21,06$.32 feet South and 5,937.17 feet West: and running by azimuths measured cloek~ise from True South: I. 299° 41' 45' I43.1Q feet along R. P. 5231, L. C. Aw. 7396 co Kekipi; Z. 233. 56' 45" - b4.1Q ceet along R. P. 5231, L. C. Aw. ?396 to he?:ipi ; 3. ?29° 17' 45" ~ 63.7$ >:eet along R. P. 5331, L. C, As.r. 7390 to E;e1:iQi and Lats 3 , 11 and 9 of °rionokoha~ 2nd Subdivision"; Oct-19-O1 14:35 Fro~a-CARLSM• +16093209450 T-036 P.1T/22 F-531 4. 319° 17' 45- fiO.OO EE et: along the remainder of R. P. fiB55, L. C. Aw, 9971, Apana 9 to W.• P,l.eleiohoku (Certificate of Boundaries No. Z7); 5, qg• 17~ 45• 466.22 feet along Lots 1O,A, 2 and 1 of "Honokohau 2nd Subdivision"; 6. S3° Sfi' a5' 7q.84 feet along I.ot 1 0@ -Honokohau 2nd Subdivision-; 7. 69° 41' 45" 89.93 Fee[ along Lot 1 of 'lionokohau 2nd Subdivision"; 8. Thence along Lot 1 of -Fionokahata 2nd Subdivision" on a curve to the lef c with a radius aE 3O.OQ Feet, the . chord azimutR and distance . being.. 13° 52' 45" 99.63 feet; 9. 138' 03' 45" 108.72 feet along the Easterly side of Mamalanaa >°€ightaay to the point of beginning and captaining an Area oc 0.933 Acres. RESERVING, HOW>sV~R, unto the Grantors a nonexclusive, perpetual easement for roadway and utility pur~?oses to be rased in Gammon with the Grantee, his heirs and assigns and others rightcully entitled triereto, on, over, under and across the parcel of land hereinabov@ described (LoC 12), to be apputtenent to thaC certain parcel of land owned tay the Grantors, being identified as ?arcel 39 shown on Tax~t•Sap of the County of Hawaii, Zone 7, Section 4, Plat 6, and containing an area of 1.48 acres, more or less. . . Oct-18°O1 14:35 fron~ARLSM' +18083288450 T-036 P.18/22 f-531 l , Su9JEC'I`, FiOti~IEvER, to all ezisting encumbrances, including, taut: not: limited to, khe fol lowing 1.. Confirmation o£ Grant of Easement, dated March I8, 1983, by and between l.. Radcliffe Greenwell and .lames M. Greenwell, Trustees, as grantor, and Paul Kahau Kai, as grantee, for roadway and utility purposes over Lot 12, recorded in the Bureau in Lifer 16970, page 252. 2. Confirmation o>: Grant of Easement, dated March 1B, 1983, by and between L. Radcliffe Greenwell and James M. Greenwell, Trustees, as grantor, and victoria Kanekapolei Kai, as grantee, for roadway and utility purposes ever Lvc 33, retarded in the Bureau in I.iber 1G97O, Page 254. 3. Grant of Easement and 9i11 vE sale, dated March 22, 1.985, by and between James Af. Greenwell anti L. Radcliffe Greenwell, Trustees, as grantor, and the Na~er Cosrunissivn of the County of Hawaii, as grantee, for water system purposes over i.ot 12, recorded in the Bureau in Liter 18611, Page q2~. 4. A nonexclusive, perpetual easement £or roadway and ut;iliCy purposes described in Rzchange~Aeed, dated tiovember 19, 1974, ea~ecuted by Herbert A. Kai and Lanihau, recorded in the 8ursau in Liter 14187, Page 66. . ~ uc~A6a :.r„~u.~~~~ s~ . . Oct-19-O1 14:36 From-CARLSM' +18083299450 T-036 P.19/22 F-531 f~ ~ ! ~ - ~ d ~ ~ ~ 1 ` ` wF° _ ~ ~ ~ ~ ~ 'co ~ a ` ' u,J c5 ~1 ~ ~3 u) ~ ~ r ~ yea ~ ~ m., 1 ~ ~ ~ ~ ' l~~ ~ ~ ~ ~ ~ r ~ , • , s ~ ~ ~ 6 ' ~ , I ' iii; ~ ~ ~ ~ e' r ~ , ~ - Q f~ C~ e ~ ~ P ~ ~ ~ ~ ~ ~ J ~ ~ ~ -gym ~ ~ r~ _ u ~ ~ s `r ~ Y / ~ \ / l9 p ,a U ~ \ _ ' .`t ~ Oct-19-01 14:36 Fron+~CARLSiJ +16063299450 T-036 P.20/22 F-531 ~ 1 , h~ a"oJg ~ ' ' Bo ~ y~w e6~~, Jg - y w Q g'D n'_ ~ + l ?i y eel.. ?¢F' d ~ p i' ~ ~l f~ ~ f e J4~ - ` 1 •1 ~ et f ~f a t ~j i qr r P ~ O, ~ ~ + i I` ~ t ~ + _ ~ r~ it ~ ~ ~ ~ F ~ ~ ~ ~ 1 Y ~ r ' z Y~ ~ l 2 ~ i* t 1 ~~i t ~ Y~~i 1 ° ;i s ~ A ~ ~ y r ~ z u w ~ f ~1 ~ YJ3 :7. Q . 2 y .1 * ~ ~ O e .O ~ ~ t ~ ~ ~ ~ a t Ll A ~ ? ti / \ { . m t ~ , ~ a t ~ R ~ ~ t J r ~ r ~ ~ ~ v r ` ~1 t s~ v ~ ~ 9G aar, ~ Q.l -n w Qi - w0 . -auaO ~ S _ _ _ __~__._E.- _ . Oct-19-01 14:36 From-CARLSti' +18083288450 T-036 P. Z1/Z2 F-531 `ems ~ 1'1a ® 1 ` d1 ~ t3: ~ Q 1 ~ S ~ , < _ V'" ~ ~ ~,W S 1 ~ ~ ~4 ty Q ~ ~ \ s ~ 1 o ~ 1 1 r \ \ ~ ~ ~ \ ~ ~ ~ ~ 1 ~ ~ ~ ~o ~ 1 ~ ~ 1 ® ~o ~ 1 ~ 1 ~ 1, . / / j ~ 1 ~f Oct-I9-O1 14:38 From-CARLS~ +18063299450 T-036 P.22/12 F-531 ' ~ . - r i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~o ~ ~J ~ ~ ~ cn ~ . r ~ - ~p~Q~z u~~ ~ a®~~ 1 ` ~ ~ ~ ,r _ ~ _ ~ ~ ~ ~ ti ~ rY1 . . ~ T ~ ~EXTENSIV~ . AG. i - SU~TEC'T - _.~_T~: .T: f , t---=-~- L(~W { - I)I;1~d~Ei`Y tEXTEN ~ o ~l)I~IJIl~ ~ >:~>:::::<:::>;><::~... ~E 3rFY ~`•»>»~~[<<:<:~<':~ ~ EXTENSIVE ' _ ~ ~ "EXTEN. ORCHAItIBS - AG. _ ~ _,_~'XTEN. - ~ ~ ' _ - = J ~ Air _ - EXTEN. - AG. y ~ 0 3000 6000 9000 12000 16000 Fe~Y ~I°°IIIT OCT. 23, 200 Existing General Plan LUPAG Map ®EI~a~1FtTMENT ®F Pll~LIC VVO9~1-CS COUNTY OF HAWAII HILO, HAWAII DATE: July 20, 2001 TO Christopher J. Yuen, Planning Director Planning Department - .Y,, ! l ~ FROM Galen M. Kuba, Division Chief Engineering Division , SU~JECI" Change ®f 2;®ne Applicati®n (R~Z 01 010) Applicant: Robert K. Greenwell and Lou Ellen Lambert Location: Honokohau 2"d, N. Kona, HI TM K: 3 / 7-4-006:006 We reviewed the subject application and our comments are as follows: DRAlNAG~ 1. All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywalls in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. ~ARTMWORK 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant should consult with the Natural Resources Conservation Service, formerly known as, Soil Conservation Service). X~IIT Memo to P.D. REZ 01-010 TMK: 7-4-+4:006 July 20, 2001 p. 2 of 2 SOLID WASTE Solid waste management shall conform to the rules and regulations of the DPW, Solid Waste Division. The developer shall prepare and submit a solid waste management plan to the DPW. WAST~WAT~}? Wastewater disposal shall meet the rules and regulations of the Department of Health. f?OADWAYS 1. The subject property is served from Mamalahoa Highway by a private road. It has an approximate 20-ft. wide pavement (in fair to good condition), with gravel/grass shoulders, within a 60-ft. right-of-way. This existing road does not meet dedicable standards. Access to Mamalahoa Highway, including the provision of adequate sight distances, shall meet with the approval of DPW. The existing access road from Mamalahoa Highway shall be upgraded to dedicable standards and the proposed subdivision roads shall be constructed to dedicable standards as required by Hawaii County Code Chapter 23. Install street lights, signs and markings, meeting with the approval of the DPW, Traffic ®ivision. 2. Roadway connections to adjoining parcels should be provided meeting with the approval of DPW. These roadways should be open to public traffic. 3. All roadways within the proposed development shall follow the guidelines incorporated in the Hawaii Statewide Uniform Design Manual for Streets and Highways. Should there be any questions concerning this matter, please feel free to contact Kiran ~mler of our Kona engineering Division office at 327-3530. KE copy: LNG-RICO PLNG-KONA CAI~LSMITH BALL LLP A LIMITED LIABILITY/ LAW PARTNERSHIP 75-1000 f-~ENRy STREET, SUITE 209 ~ ~ ' ~ P.O. Box 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 W W W.CARLSMITH.COM July 31, 2001 Mrs. Geraldine M. Giffin, Chairperson County of Hawaii Planning Commission Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: Response to Department of Public V6Vorks Comments APPLICATION FOR CIFIANGE OF ZONE Applicant: Robert Kelsha`v Green`vell Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP Oevners: Robert Kelsha~v Greenwell ~ Lou Ellen Lambert Request: Change of Zone from Agricultural 20-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot family agricultural subdivision. Tax l0~la~ Key: 7-4-006: 0(16 Dear Chairperson Giffin & Mr. Yuen: We have enclosed the Applicant's response to the above-referenced agency comments for your information: Department of Public ~3'orks lO~Iernorandurn Dated Ju1~20, 2001: A~plieant's I~esp®nse: The Applicant has reviewed the above-referenced comments and intends to work with the staff of the various divisions of the Department of Public Works in order to comply with all applicable rules, requirements and regulations of the Department of r u~~~~ vv urks ur [tic prupuseu suoallvision. HONOLULU - KAPOLEI ~ HILO - Kor.,~ ~ M.~w GUAM SriP~i~. ~ Loy ANGELkS - WnsHir;c-ror,, D-C ~ M[xico ~i Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director July 31, 2001 Page 2 In addition, the Applicant will ensure that all grubbing and grading activities shall comply with Chapter 27 (Flood Control) of the Hawaii County Code. We hope that these responses adequately address the issues commented by the respective agencies. Should you have any questions, please call me. Very trul~~ yours, ~.:1 / - . .C Robert D. Tnantos cc: Department of Public Works 4082260.1.024604-00004 60JNt1Y-oF /ygkl '9? Edward Euznatay Harry Kim Fire Chief Alayor +}.t~..r. r~ ~ p 9rF~OS~NPY' U~IILC~~~ D~~ ~~~t~t FIl~~ 1~EPART1ViE19iT 80 Pauahi Street • Suite 101 • Hilo, Hawaii 96720 (808)961-8297 • Fax (808)961-8296 July 11, 2001 ~ To: Christopher J. Yuen, Planning Director From: Edward Bumatay, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ Ol-O10) " APPLICANT: ROBERT K. GREENWELL & LOU ELLEN LAMBERT REQUEST: A-20a TO FA-la TAX MAP KEY: 7-4-006:006 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) general. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEP'T'IONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). ~'~pii c oG 2 zl, ~~RE Dpi . To: Christopher J. Yuen, Planning Director Page 2 July 11, 2001 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Udidth. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) fiurning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. To: Christopher J. Yuen, Planning Director Page 3 July 11, 2001 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (150) "(k) Obstruction. The required width cr any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire ?r.ctecti~:,n _Associa~ion when Uniform Fire ;nCe Standards do not apply. To: Christopher J. Yuen, Planning Director Page 4 July 11, 2001 "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. " (d) Fire I3ydrant A'darkers . When required by the chief , hydrant locations shall be identified by the installation of reflective markers. "(e) Tizr~ing of installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." EDWARd~ ~BUMATAY , F ire CI~~ e f,~ .,~P ;mc E M 4?,• 5,,.. 959 ~ rf. ,.~~rar: BENJAMIN J. CAYETANO bp' t/a- ~ GOVERNOR ~ ANTHONY J.H. CHING a~el'~r' EXECUTIVE O4-FICE ST°dAT~ OF ~iAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM L.~N® t1SE COiUIMiSSI®PD P.O. Box 2359 Honolulu, HI 96804-2359 Telephone: 808-587-3822 Fax: 808-587-3827 July 2, 2001 Mr. Christopher J. Yuen, Director Department of Planning County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 01-010), Robert K. Greenwell and Lou Ellen Lambert, A-20a to FA-la, TMK 7-4-06: 6 We have reviewed the subject application forwarded by your memorandum dated June 26, 2001, and have the following comments: 1) We confirm that the subject parcel is located within the boundary of the State Land Use Agricultural District. 2) Clarification should be provided as to the specific agricultural activities and uses that are to be undertaken on the parcel. We have no further comments to offer at this time. We appreciate the opportunity to comment on the subject application. Please feel free to contact Bert Saruwatari of my office at (808) 587-3822, should you require clarification or any further assistance. Sincerely, . yam, ~ ~:~t ~ . ~ • ~ - ANTHONY J.H. CHING _ ~(#~t~e Officer _ s _ . BENJAMIN J. CAYETANO ~ c v M BRIAN K. MINAAI GOVERNOR ~ DIRECTOR ~95g~7 y~. ~\,~CIIy..., ~i ' ~ ~ DEPUTY DIRECTORS ' j GLENN M. OKIMOTO v ~ JADINE Y. URASAKi S B4c.®,pR ~ E1pW"W .5~~~~ ~~W~I' IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET HWY-PS HONOLULU, HAWAII 96813-507 2.4084 SEP 1 7. 2001 Mr. Christopher J. Yuen Planning Director County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Change of Zone Application (REZ 01-010), Agriculture 20-acre (A-20a) to Family Agricultural 1-acre (FA-1 a), Robert Kelshaw Greenwell, to allow the Development of a 23 Lot Subdivision, North Kona, Hawaii TMK: (3) 7-4-006: 006 Thank you for the opportunity to review the subject application. We have the following comments: 1. The proposed change of zone fora 23-lot subdivision accesses Route 190, a segment of Mamalahoa Highway that is under County jurisdiction. 2. The increase in density will incrementally impact State Route 190 and Palani Road by adding to the existing traffic congestion. 3. If approved, we are concerned that the application will set a precedent for increased density of the area mauka of and adjacent to the subject parcel. 4. Stale infrastructure improvements, existing and committed for the near future, may not be adequate to accommodate such increased density. 5. Your department should find ways, among all property owners in the area to share the costs of providing needed roadway improvements. If you have any questions, please contact Ronald Tsuzuki, Head Planning Engineer, Highways Division, at 587-1830. Very truly yours, RIAN K. MINAAI Director of Transportation i -'f--"-s~+ tom- A.~ t' P.O. fox 2262 - Kealakekeea, t~1 96750 - (808) 322-2A84 J F/4X (808) 322-3735 August 29, 2001 , C~ c ~ ~ HAMAIIAN ¢unosChrlS YUen ~ Planning Department o~ ISLAND 8 2~ Aupuni Street COUNTY OF HAl1Al1-~~;~ Ko~a s. g w. D~sf,~~l -=Hi lo, Hawaii 96720 Dear Chris Yuen, The Kona Soil and Water Conservation District reviewed the following applications. Special Nlanagement Area Request/Rezone Application Responses (SMA 01-005 & ,REZ 01-010 Comments are attached for review (see attachments). Sincerely, Wiliam E. Cowell Kona SWCD Chairman ce: Kiran Emler C.E. WG/ls a a P.®. ~®x 223 - IC~alak®kus, ~i! X675®- 3~-24~ J ~l~ (303) 3~-37'35 Jul 16 2001 Y ~r 4 ~ Chris Yuen . Planning T~eparement `~°"r °F IPO 25 Aupuni Street I-€ilo,1-lawaii 96720 The Kona Soil and Water Conservation I~istrlct reviewed the following applications. ecaal 1Vlanagenaent Aeea Ite~aaest/Itezone Application SMA ®1-005 di REZ 01-010 1.) S -01-005 TMK 7-8-010 #001, Kamehameha Investment Corp. This pr ect is outside of the area detailed in the North Kona Eloodplain anagement Study. Though not in any of the channels, care should be xercised to protect the site from localized runoff generated during land eating activities. There may also be small, unmapped, channels in the area th t only cant' water during heavy rainfall events. Erosion and sediment control • Kaencliu me uses should be reviewed before land clearing activities are undertaken. ~Capte;n ~ Care hould also be excercised in placement of structures or dwellings in any ~ coal sections of the project. Large seasonal ocean swells, hurricane storm =aaPk rge and Tsunamis can all be a threat to safety in low-lying coastal areas. Cultural resources may also be present in the area and care should also be excercised reduce impacts to any significant sites. 2.) REZ 01-010, TMK 7-4-006 #006, Robert K. Greenwell. This parcel is outside of the area detailed in the North Kona Floodplain Management Study. However, care should be exercised to protect the site as there may be localized runoff generated during land clearing activities. There may also be small, unmapped, localized channels in the area that only carry water during heavy rainfall events. The removal of vegetation and replacement with sidewalks, roofs, roads and other impervious surfaces may increase localized runoff. Erosion and sediment control measures should be reviewed before land clearing is undertaken. Sincerely yours, William E. Cowell Kona SWCD Chairman cc: Kiran Emler C.E. WC/Is CARLSMITI~I BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 P.O. Box I7zo KAILUA-KONA, HAWAII 967-~5-1720 TELEPHONE (808) 329-6464 FAX (303) 329-9450 F: W W W.CARLSMITH.COM DIRECT DIAL NO. (SOS) 935-004-? - September 2~, 2001 _z Mrs. Geraldine M. Giffin, Chairperson County of Hawaii, Planning Commission. Mr. Christopher J. Yuen, Planning Director County of Hawau Planning Department 25 Aupuni Street Hilo, HI 96720 Re: Applicant's Response to Dona Soil and dVater Conservation District comments APPLICATION FOIZ Cl:€ANGE OF ZONE Applicant: Robert Kelshaw Greenwell Agent: Robert D. Triantos, Esq., CarlsYnith fall LLP Owners: Iaobert Kelshaw Greenwell Lou Ellen LaYnbert Request: Change of Zone from Agricultural 20-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot fautily agricultural subdivision. Tax Ma~Key No.:,~„3) 7-4-006: 006 Dear Chairperson Giffen & Mr. Yuen: We have enclosed the Applicant's response to the above-referenced agency comments for your information: Kona Soil and V6Vater Conservation District Memorandum Dated Julv 16, 2001: Applicant's l~espons+e: The Applicant has reviewed the above-referenced comments and intends to work with the staff of the Department of Public Works to ensure that the above-referenced project complies with all applicable rules, requirements and regulation, of the issues citea rrom uus agency. HONOLUW KAPOLEI - ~-!ILC - KONA ~ MAUI VUA roi SAIP Ai: LOi >..C.ELL> ~ WASHINGTON, UC ~ MEXICO Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director September 25, 2001 Page 2 We hope that this response adequately addresses the issues commented by the above-referenced agency. Should you have any questions, please call me. Ve ur , ~ ~ Steven S.C. Lim SSL:rhy 408~b115.1.024604-00004 cc: Kona Soil and Water Conservation District C~RLSMITH BALL LLP ,a LIMITED LIABILITY/ LAW PARTNERSHIP RECEIVED ~1~L 2 0 200 7~-1000 HENRY STREE?, SUITE 20~ P.O. Box 1720 KAILU~A-KONA, ~-IAWAII 967=k~-1720 TELEPHONE (80S) 329-6~6-{ FAX (305) 339-950 W W W.C4RLSMITH.COM ~:t~1N1NG 1~~~'A~~T'IMEi'J' . s. f Z-1 ~ wW C~. ~ I July 20, 2001 f5_~7~ Y~uaafini 1°~yvy~ Mrs. Geraldine M. Giffin, Chairperson County of Hawaii Planning Commission Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: Response to LUC, Police, DO~I, Fire, SWCD Agency Comments APPLICATION FOR CI~ANGE OF ZONE Applicant: Robert I~elshaw Greenwell Agent: Robert D. Triantos, Esq., Carlsmith fall LLP Owners: Robert I~elshaw Greenwell L& Lou Ellen Lambert Request: Change of Zone from Agricultural 20-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot family agricultural subdivision. Tax Map I{ey: 7-4-006: 006 Dear Chairperson Giffin & Mr. Yuen: ~%e have enclosed the Applicant's response to the above-referenced agencies comments for your information: HOi.ULJIU ~ ~C-~NOtEi ~ Hi~o ~ Ko~.> ~ M-~w - Gu,~~r - Spiv>;. ~ Los A~.c.E~t~. ~ ~>J~,sr+n.c.~o~., lJL ~ Mtxico . Mxs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director July 20, 2001 Page 2 Land Use Commission Memorandum Dated July 2, 2001: Applicants Response: Each lot owner will be responsible for following the requirements as defined in the County's Family Agricultural and State Land Use Commission "Agricultural" zone districts. Police Department Memorandum Dated Juiy 3, 2001: Applicants Res.~onse: The County Department of Public Works is continuing its repaving and widening of the old Mamalahoa Highway. A major portion of the highway has already been completed with paving and widening improvements. State Department of Health Memorandum Dated July 5, 2001: Applicants Response: The Applicant will comply with all requirements of the State Department of Health with regard to Individual Wastewater Systems and Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control" requirements if applicable. Fire Department Memorandum Dated July 11, 2001: Applicants Response: The Applicant will comply with all applicable requirements of the Fire Department rules and regulations. Kona Soil and Water Conservation District Memorandum Dated July 16, 2001: Ap.,plicants 1esponse: r-tii ~,~uuu?~~~ a~?u ~iauil~~ a~«vi«c~ ~r?ai~ ~ur~~Piy w~u~ ~.r~ap~ei ~ i ~riooa ~,ontroi~ of the Hawaii County Code. Mrs. Geraldine M. Giffi in, Chairperson Mr. Christopher J. Yuen, Planning Director July 20, 2001 Page 3 We hope that these responses adequately address the issues commented by the respective agencies. Should you have any questions, please call me. Very truly yours, I Steven S. C. Lim Enclosure: cc: Kona SWCD Fire Department Police Department Land Use Commission 408 ] 922.1.024604.00004 JUL°-~4-01 07:06 PM ROR~RSON 62PPRAISAL 510 6~5 X123 P. 01 ~ateletfe ~a'a!a ~o~leson~ ltobersort 769 Covina ~'ay, ~`rent`ant, C~ 94539 ~s~t/~`~x Phn.: (S10) SS6-212,3; Entail: roc~~eri~~l~e~ro. cow 1)t~7°E: JULY ~~2041 AI'O: 1Nr.'1'riantos, C'arDsmith l;all Plaanin~ Commission, Ailo ®$1°ice ~~p~) ~ G 1- ~ ~f ~ ~ ~~-g8 l~Tr. Peter °Tierelan ®IV[: Paulette ~Ca'ala i+oglesvn~ itol~rson (510) 65[~-2123 Phan/Fax bequest 'To ~ezvoe - Greenvm+ell Number of Pales: Comments: Attached are: !Nary 1Calete Fo~esonR i.ivi~~ `Trust need of 'Tl~i~: '1-~5-5 to l~Bary K. Fo~esose~ Living `I~-ust ~ESI~~fi . . JUL-24-01 07:06 PP°i R0~IERSON APPRAISAL 510 6S6 2123 P, 02 ~at~lette ICa'atla Fo~leson~ ~'obersott 769 Covino ~'ay, Fre~~~onl, C~ 9539 ~'srt/Fcrx ~It?t.: (S1D} 656-2123; Entall: ro into.eom July 20, 2001 Mr. Robert Triantos CAI.SMI'I'H BALL attorneys At L.aw P. t3ox 1720 Kailua, Kona, I-Ii 96740 Ro: Successor Trustee To The Mary Kaletc Foglesong Living Trust mar Mr. Triantos, Attached are copies of the Living Trust for my rrrother, Mary ICalele Foglesong. My mother passed away on J`urc 22, 2001 and 1 will be handling her property sit?rated in a-Ionokahau, Kona,ltawaii; T1V1R 7-4-5-5. I am represented by rrry Attorney, Mr. Peter Tiernan, (408) 995-3256 or his horns o~`rce in i.a Honda, Galiforrtia (650) 747-0486. I3y a copy of this letter to the Planning Comrrtission in llilo, Iiawad and my attorney, 1 am notifying you to please forward atl copies to the above address regarding the "Request to Re-zone" the adjacent property of TMK 7.4-S-S.1VIy mother has resided with my at the above address since 1992 tlrru hCr passing on June 22.2001. It is understood, Mr. Teiantos, that trry mother and rrrys~lf severed your services on her property in the recent pass; but I hope we can cooperate on this cutvent "property issue" in a professional rnanner. If you have any questions, please call myself or ary attorney, Peter Tiernan. S' rely, Paulette Ka'a1a Faglesong Roberson JUL-24-01 07:06 PM ROaERSON APPRAISAL S10 Fs6 2123 P.03 PItETURN BY: MAIL, ( } PICK UP ( ) 3'O: SHORT FORM 'Y'RUST THIS AGREEMENT made and entered into this day g f e~.l'r ti ~ ~ a ~ 19 - , between ASARY I~ALEL~E FOGLESONG, widow, whose residence and mailing address is 995 Adrian Way, San Rafael, California 94903, herein designated as SETTLOR, and MARY KALELE FOGI~ESONG, widow, whose r®sidence and mailing address is 995 Adrian way, San Rafael, California 94903, herein designated as 'TRUS'TEE. The name of the Tz°tist (ids MARY KAI,EL,E FOGLESONG REVOCABLE LIVING TRUST dated '~~~?'~-....__R_,.,,_„ - ( 1_ 1 . JUL_-24-01 07:07 PM ROQERSON APPRAISAL 510 656 2123 p.®~} IT IS AGREED BETWEEN THE PARTIES HERETO AS 2a'OLLOWS The parties hereto confirm the establiahmnnt ®f an unrecorded Revocable Living Trust on _x_:~A-~-a-~ ~ ~ ~ ~1,~ ffind am®ndments thereto, for the benefit of the 5e for and oontaining inter alia the following provisions: 1. IKARY KALELE F'OGLESONG is designated as Trustee to serve until her death, resignation or incompetency. 2. The Successor Trustee is designated as PAULETTE I{AALA I2ohERSON. FLORENCE KAIPOLANI TAVERNA is d®sigtnated as the alternate Succe~.sor Trustee. 3. Upon the death of the Settlor, the 'gust lbecomes irrevocable. 4. ®uring her lifetime, the Settlor retains the unlimited right to withdraw income and principal lrom the Trust. 5. Articles 3.8 through 3.10 of the TI'ust Agreement set forth the Trustee's powers. I°hese are as follows: "AR'TICLE 3--8: POWERS dF` TRUSTEE: 3®S.l GRANZ`: The Settlor grants to the firustee discretion and complete power to administer the Trust Estate, In addition to those powers now or subsequently conferred by law, such grant shall include without limitation the following powers: JUL-24-01 07:07 PM RORERSON APPRAISAL 510 F'S6 2123 P.05 3-8.2 RECEIVE ASSETS: To receive, take possession o!, sue for, recover and preserve the assets of the Trust Estate., both real and personal, coming to its attention or knowledge, and the rents, issues and profits arising from such assets. 38.3 l?BANDON ASSTS: ~'o abandon, ohArge ®ff or ®the~?ise dispose of any part of the Trust Estate which is of no value or of insufficient value to justify collection, care, administration or protection. 38.4 INVEST: To invest, reinvest and, to the eattent c~ee~ned advisable by the Trustee, to keep invested, the assets of the Trust Estate, however derived, in stocks (common and preferred, and including shares in investment companies, investment trusts or mutual funds as well as stocK or obligations of any corporate trustee), bonds, debentures, notes, or any other type of securities, interests, assets or property, whether real or personal or in shares or units of participation in common trust funds, or to participate in maKing investments with others, all without regard to diversification. 3®8.5 HEAL AND PERSONAL PROPE~tTY: With respect to real and personal property or any interest in real and personal property owned by the Trust: [1) fio grant options, to sell the same at public ®r private sale upon such terms as the Trustee deems advisable; [2) To lease the same, even for a term extending beyond the duration of the administration of the Trust; (3~ fio encumber the same; [4) Ta make repairs or alterations; to improve or demolish any improvements; tv subdivide, develop and dedicate to public use; to adjust boundaries; and to dedicate and grant easements to public use without consideration; (5) To stare, safeguard and insure any tangible personal property distributable to or for the benefit of any minor or disabled person. 3-8.6 INDEBTEANESS: With respect to any indebtedness owed to the Trust, secured or unsecured: [1) To continue the same upon and after maturity, with or y JUL-24-01 07:08 PM ROAERSON APPRAISAL 510 656 2123 P.06 without renewal or ext®nsion, upon such terms as the Trustee deems advisable; [2} To foreclose any security for such indebtedness, to purchase any property securing such indebtedness and to acquire any property by conveyance from the debtor in lieu of foreclosure. 3-8.7 AGREEMENTS: To carry ®ut the t®rm8 of any valid agreement which the Settlor may have entered into during the Settl®r'6 lifetiane concerning property owned by the Trust. 3®8.8 BUSINESS: To conduct business in partnership ®r in a joint venture with other persons, partnerships or corpora- tions; to continue and operate any business, without liability for any loss resulting from the continuance or operation of the business. 3®8.9 INSURANCE: To carry insurance against such hazards, including public liability and to purchase annuity policies or life insurance on the life of any beneficiary or other person in whom any of the beneficiaries have an insurable interest, naming as beneficiary of any such policy either the Trust itself or the beneficiary on whom or with respect to whom the policy was taken out; to pay premiums, assessments and proper charges on any such policy as beneficial distribu tions, charging the same to income or principal as permitted by the distributive provisions of this Agreement relating to the beneficiary on whom or with respect tv whom the policy was taken out; and to exercise all or any rights granted under such policy. 38.10 SORROW: Tv borrow money frown any source with ttny such indebtedness being repayable solely from the 'Trust Estate, or a part of it, and to pledge or encumber the Tx°ust Estate, or a part of it, as security for such loans. 3®8.11 EMPLOY AGENTS AND DELEGATE: To employ nnct compensate out of the principal or income, yr both, ®f the Trust Estate, agents, accountants, brokers, attorneys in fact, attorneys at law, tax specialists, realtors, investment counsel and other assistants and advisors. 3®8.12 TA.I{E LEGAL ACTION: To prosecute or defend judicial and administrative proceedings for the protection of the Trust Estate, or of the Trustee in the performance of its duties. JUL-24-O1 07:08 PM RORFRSON APPRAISAL S10 656 2123 P.07 3®8.13 ACCOUNTING; INCOME AND PRINCIPAL, ALIACATIONS: 'PO determine all matters of trust accounting in accordance with generally accepted principles of trust accounting as established by controlling law or customary practices. 3-8.14 SETTLE CLAIMS: '!'o pay, contest or Otherwise settle claims by or against the Trust, including taxes, assessments and expenses, by litigation, compromise, arbitration or otherwise. 3-8.15 V®TE STOCK: To vote in persaon or by proxy shares of stock or other securities which are part of the T~CUSt Estate (including stock of the corporate trustee) or to refrain from voting the same. 3®8.16 EXERCISE RIGHTS: R`o sell or easeroiss stock StdbsCription rights, participate in foreclosures, reorganizations, recapitaliaations, consolidations, mergers, liquidations, or other corporate adjustments, to enter into voting trust agreements or other similar arrangements, and to Consent to corporate sales, leases or encumbrances; to deposit stocks or other securities which are part of the Trust Estate with any protective or other similar committee, or with voting trustees. 3@8.17 CONSOLIDATE SEPARATE TRUS'I°S: To hold the 8ssets any two or more trusts or parts of such trusts created antler this Agreement or under this Agreement and any other instrument if the Trust provisions are substantially similar, as an undivided whale, without separation as between the assets of such trusts or parts of such trusts except when required for distribution and when other provisions specifically provide to the contrary, provided that such separate trusts or parts of such trusts shall have undivided interests in such assets and provided further that no such holding shall safer the vesting of any estate in possession or otherwise. 3-8.18 ®ISgRIBUT°E IN KIND: Z'o snake distributions iri kind, in money, or partly in each, without recyuiring pro rata distribution of specific assets, at fair market value as determined by the Trustee on the effective date of distribu- tion. 3-8.19 ES°fAB~ISH MARGIN ACCOUNTS : To buy, sell and traele In securities and commodities of any nature, including short sales, on margin, and for such purposes may maintain and operate margin accounts with brokers. JUL-24-01 07:09 PM RO°CRSON APPRAISAL 510 656 2123 P.08 AR°TICldE 3~9: TAX PROVISIONS 3®9.2 GRANT OF AUTHORITY: In addition to those authorities, elections or requirements regarding taxes conferred or imposed by law, the `Trustee shall have without limitation the following authorities and elections: 3-9.2 COMPROMISE ISSUES: To determine and compromise issues in income, death or gift tax proceedings. 3®9.3 OPTIONAL DEf~UCTIONS: To exercise those ata?tutory elections to claim administration, medical or other expenses as death tax or income tax deductions which appear to cause the lowest combined federal and state death and income taxes without being required to adjust the resulting value of the interest of any beneficiary or to make any adjustment between principal and income. 3®9.4 OPTIONAL VALUATION: ~'o use those available optional valuation dates for death tax purposes which appear to cause the lowest combined federal and state death and incoffie taxes, including potential capital gains tax which aright be incurred during the administration of the Settlor's estate, without being required to adjust the resulting value of the interest of any beneficiary or to make any adjustment between principal and income. 3-9.5 INSTALLMENT PAYMENTS: To elect any available installment method of paying death taxes. 3-9.6 RETIREMENT PLAN PROCEEDS: In the event any prOCeeds fr®m a retirement plan qualified under the Internal Revenue Code are to be paid to this Trust and the Trustee has any discretion with respect to the Corm of distribution of such proceeds, then the Trustee, after considering the tax anti other consequences to this Trust, its beneficiaries, the Settlor•s estate, and its beneficiaries, is authorized, in its discretion, to direct the distribution of such proceeds in such manner as it chooses. ARTICLE 3-10: DISTRIBUTIONS TO MINORS AND DISABIrED PERSONS 3®20.1 GRANT° OF' PERMISSIVE AUTHORITY: If eny property ®f the Trust ever vests outright under the provisions of this Agreement in minors or persons who in the opinion of the Trustee are under any disability ox unable to administer distributions properly, then the Trustee, in its discretion, JUL-24-01 07:1® PM RODERSON APPRAISAL 510 6`s6 2123 P.®q in any jurisdiction without giving' or r®e;uirinq b®nd, without intervention of a guardian or other representative and with®ut supervision of any court, ray hold or distribute such groperty (subsequently referred to in this Article as the protected property) in accordance with 3-10.2 and 3® 10.3, neither of which shall operate to impair any beneficiary's indefeasible ownership in such property. 3-10.2 IN TRttsfi: The Trustee may hold any pr®tected property in a separate trust for such beneficiary dasignat~d by the name of the beneficiary and the word Trust, ~xcrcising as Trustee of such trust yell the adx~iraistrative powers conferred in this d~greement. The Trustee may accumulate or distribute to or for such beneficiary itt accordance with 3®10.3 such amount or amounts of income or prir?cipal of the Trust as it determines from time to time during the te1°m of the Trust. The Trust shall terminate and vest absolutely when the beneficiary attains majority if not disabled, dies, overc®mes the disability, or when the firust assets are exhausted by discretionary distribution oY° otherwise, or twenty®®ne years after the death of the last .survivor of any beneficiaries with any kind of an interest under this Agreement who are living at the date upon which the Settlor's power to revoke this Agreement ceases to assist, whichever shall first occur. At such tex~ninati®t: the Trustee shall distribute the Trust estate then on hand to the beneficiary or to the beneficiary's estate if the firust terminates at the beneficiary's death. 3@10.3 I?ISZ'RI~tJZ°I4N: The firustee n9ay distribute any protected property to or for the benefit of such beneficiary (1] directly to the beneficiary, [2] on behalf of the beneficiary for the beneficiary's exclusive benefit, (3J to any account in a bank or savings institution either in the name ®f such beneficiary or in a form reservingg title, management and custody of such account to a suitable person for the use of such beneficiary, (4] in any form ®f annuity, [5] in all ways provided by laws dealing with gifts or distributions to or for minors or persons under disability, and (6] to any suitable person with whorl the beneficiary resides or who has the care or control of the beneficiary, without obligation to see to the further application of such distribution, and the receipt for distributions by any such gars®ns shall fully discharge the Trustee." ti _ JUL-24-01 07:10 PM RO^ERSON APPRAISAL 810 E56 2123 P.10 6. Following the death of the Settl®r, the Trust continues or is distributable in whole or in part !®r 'the bene~Pit o! other named beneficiaries according to the tames of the Trust. Unless otherwise indicated to a prosp®ctivs transferee, the ~'ruatee. has toll power to transfer assets held in the Weans of the `rust and subsegtaent traneggrees shall be entitled to rely upon such transfers, provid®d the chain ®f title is not otherwise deficient. 8. This Trust Contains a spendthrift provision. 9. Thy situs of the Trust i& the State o! Hawaii. lo. The use of this Short Form Ta-ust is for c®nvenience only and the Trust Agreement is solely c®ntrolling ar to provisions and interpretations, aa9d wily conlliet between this Short dorm and the Trust Agreement shall be decidod in favor of the Trust Agreement. 11. Th,~ Settlor has retained the power to alter, at~end or revoke such Trust and to replace the Trustee or add additional Trustees, provided that no such amendment be permitted with respect to the terms set forth in this Sh®rt p®rm Trust without also amending this Short F'ora~`i Trust by way of recorded document. IId 6~ITNESS WHEREOF the parties hereto have _ _ _ _ _ JUL-~4-01 07:11 PI°i RORERSON APPRAISAL S10 6g6 X123 P. 11 h~r~untro their hanr3~ on the clay and year li~a~ ~b~v~ i'ii ~~~WY\~ • 1 ~ s-~ NWRY KA ELE FOGL~~OIdG ~~~6°I'%,®R %~#RY LEL~ FOGLESONG v~°r~~ a _ _ JULa24-01 07:11 PM ROpERSON APPRAISAL 510 656 2123 p~12 ~T`ATE 4F C~I°IP'ORNIA ) SS: COUNTY OP` ) ~~L~~~ fAl~~ ~lf~.~a~~l~i~t~t~ ~Cfl($~~V~~.~~®1~1~1` ~ d®®] S@aA@~ o ...._.~C3~L, i I:.~?~ CP~)Q$~A~. ~EC~iI'3N C~4'~CiTif C!A&~7E0 ~~~NE~ County I , ..._~~!l~.I L~I._ ~ ~ ~ Thoa,t~tt stuo„t® dogs rwt rt?qu~+~a ~ ~~y oa 9€4R I~ t~ dalca ba~0oxc, dolev¢ ®6 nrAy Pvove ~ - ' t h7vA~dbP6 b ~9e$QDtI$ 981~rBPlO 0e9 ~ t~C61lY~rRB ®n ~ i!~'°~ `J. `~b®tore rTa®. - --.~~1$X-.~` _ ~I.~EDIN - --r }NDIViDU~t euesc saaesE, teliE nr oc~rc.~Pa ra.o., •~API~ ooe, ainias~v Pua~ ~c° ,oa.~~z. ~ l ~ ~e 3+~+ C] COFrhORATE OFFICER(Sy ' p®rson Ily appeared G" c s ~o~ 19e~'~ ~'t~_,~~/~~,,4,e.r/fr rr _ . ~•lS1 of 31Gt+~sals? ~vr~~ ild~as~ ~p®r Welty known to me - ®R roved to me on She balls of satislaclory eGld nco ~ PAF3TNE~t6sl uatlTtao to be3 uP~ parson(s) whose naane(s)re a~~~raA~ sutascribod 1o th® wilhln an rurta®rtt anal ac- ~ ATTOriNt3Y•rN FACT knowledged to nne tltat ~ s6t th®y ®xecut®d ~ TTaa~sreElSt the same In his tar t ~elr a~u@ o fz®d ~ QilAieDiAPUCONSE1iWlT®tT capacity(6®s), artd that by hl a Ih®ir Onll`Oi: - µ gIENN signatur®(s) on the instrurwen@ the p®rson(s), s c~of+Aa~t',rv~as ~ or tt?e Antlty uppn bellall of sn+hlch the ? -,fir Not®ry rwbiPC - Collf®rnla a • ~ARi~COUNTv person(s) acted, execut®d flee Ins@rurrsent. Cotnm. Expir®a APR?T, 1007 ~ ~,G~~~ ~S fl~~af$E~~~~~: 14diTNESS rrty hand and offlclal s®al. as~?~ovr~va~aaslvcaseattsvpES} ~ ~e~ 8N3 i1eP1t: t7F NO4A6eY ~~~~~Q~ TFII$ C PiTIFICATE MIUST ®E Al tACFrED TO 411L6 Ord T Y OF DOCUARENT„~ /•Tv~_~ ' r y~^~ ~ TI1E IrUMENT PESCRIgF.I) A? RlCil1T: MU99aEr1 OF PAGES _ DATE OF DOCUARENT ~ Tltoeegh t® data eoQuesesd hoe®1a not r®qub®d by fear, N t+i<s1d ®v®r,rtrtte,duPerea eo:aet:ar:hmanl of 9hla rseeR. S1Csr~lETt(S) OTlTlcli TIaAN NAMEp ABOVE ~_..---w._~_~._„_._,_.~ ^'+9'tn1 AIaTIflpM) }?r~TinY a^.CeiCl~71fk1 • ®Pr90} R~mm~P A~.q ~ n Pnv 11R•1 • C3nMen Pitrs* t'4 91'6 7i Z JUL-24-01 07:12 PM RO°ERSON APPRAISAte 510 ES6 2123 p,lg N R-95 S1'A'Y`~ Old HAls~1+II avR~,v o~^ coAi;v1~Y~1~C~~ ~~jj ~~C®It17E1~ STUN ~`r 199$ oS.Qi Ddc No(e) 9~=10272 ,t / ~ / S . l't~RUKA~A R~crs'~RAR o~ co~av~~r~ta~s CONiiEYd~G~ Z'11X : S 0.00 ~TL~N BY: i?9~1IL (X) PICK OF ( ) Z°®: RAYIv40tVD K, HASf:GA~AlA iZ'6°e • N:COm0~3t}Od1 A~ornmy at Law, A Lew Gorpora¢i~S6 688 Kinoole St~~o®¢, S~ai4a Z03 ~ ~ifo, t°4~woii 9572Q ~UT°TCS~i2M DIED ®1R: t~RY E<AI~ F~2~SONt3, wid®wr, wtaos~ ra~id~r~c~ ~d ~~?ilinq address is 99S ~driars T~Tay, Sari ~~ta~l, Ceilitorni~ 9a903. ~ E~ : :?~.RY K1~~ F°OGLESOAiG , '~rust~e o t ~ ~ Kal~l~ Foglssong Ra~vocabla Z~ivir~g Trust dated full power to sell, convey, sxcha~a~0, ~~~Cgaq~, 1~as~, assign or otherwise dial vith and disp®~~ of all lands of the trust ~stat~ and intere~~s JUL-24-01 07:12 PM RO°ERSON APPRAISAL 510 ES6 2123 P.14 therein, who3e residence end wiling address is 99S Adrian Way, San Ftatael, Calitornia~ 9490]. ans~et of Pro art In exckaanq~ for ~onsy or.other valuable consider- at],oA, Grantor c~itclai~s to Grantee the property describ®d in ~~hibit A. Transt®r_ yP _All P~'oY't,~,hta and I~}tereSts P,lso quitclaimed is all of Grantor's right, title std interest in the property. This grant includes, whar# applicable, rents (right to payffients tr®~ an®thet person's e of the property), profits (right t® take s®il and anything growing on the property), lbuildings, i~prov®nts (~as~~made changes to the property), aas®s~ents (tight to uae eon®®ne else's property for a limited pu~osa like a roa,d~~,y or for utility lines) and ail other rights and benefits longing to the property. ~®w 'i°itle `To ire Field, Grange shall take title as Trustee, and the pt®p®rty, prop®rty rights and Grantor's promises shall flow t® Gra~nte~, her succ~ssars in trust and assigns (anyone t® wham Grantee gives. right, title or interest in the pz°ope~y) , in tae siasple forever. Fer°sons Referred '~o The terrss "Grantor" or "Grantee" wean end include a~ _ _ _ JUL-24-01 0T:13 PM Rn~'CRSON APPRAISAL 510 6S6 2123 P.15 ~ ~al~ aid t~~~l~ gensl®r, ~h~ ~inqula~ ®x' pl~~l, end i~dividutatll~, o®3ep®ration~ or pa~n~r~~iip~ , d~p~tadi~aq gn ~itu~ti®n. Gra~r'itor ~gre~s to ~very~hinq ~ha~ i~ i~ t,~ia d~~mmci, r I~RY ~ ~'OGI?~S®I~~ ®R ,~pp~ov~d a t® Foy Ft11Y8~®Td~ I{ . C°allBdA A~~orn~y a~ I,tau JUL-24-01 07:13 Pf`9 RO°ERSON APPRAISAL 510 ~~6 2123 P.16 ' , vt G~ca~tv~'s right, ti~l~ grad Ott®~~~~ ca~aia ~arc~l of land situate at Fiono3cca~tae~ 2nd, Nom Rs~na, cv~az9ty aid ~tat~ of I~a~aaii, Grane 3422:1, cotataaatixaq a~sa ®t 15 a~r~s, and designated ®rl the tax p~ of t2a~ bird ~aaca~ivn Divisi®r~, C®u~ty of ~iaraaii, as Tit Mai I~~y ~®~°S-g. JUL_-24-®1 ®T:13 PM RO°ERSON 6~PPRAISAL 510 E~6 2123 P,lT I e~ag +~n gay or 19„, ~~t®r: ~~~a~nm~ly ~~p~~r~d PRY I,e~ F®GI~N~, ?~~ea~ tm b~: 4~h~ ~®1e~~~Y ~~~c~~e~ Sgt mid ~BB1.~ ~x®~ut~d ~~tLi~ 18ft~~1~ AL1.-i'~F~I~~~~ ~~K~'~f~~t~~~~T ~ ea, e~ I slaty r - z I ~ ~ o~ttoMA~. sic P~o~ ~AP~GiT~6 c~A1NR~~ 5~ 5@GNER I' Coup of _.---I~lI,J3.taN . ro, a+st~s!9 dews e,~9 aa,~qu9aa ogre Fkit~.y oe 91n in tl,e+ erase dolv,p s++ may ~otlve f ~ ~9 i~rew9u Po pn+ee~ ,a~P"Q ova ~ di~cv,~+~. O,+'~ i ~ !c. ~ I'~ be40P@ 4raB, . ~A~7L.da.~ SiL~;NN_._......_~ bIViDU/~t. nA~f ae~aaaE. litl F (9r tf 1 iQ:Er1 E A, 'JAaD'c l1(9R. 9W9rACir CliB9tiC" ~.y ~/a.- ~C l t ~ ~ ~ ~ ~j'r' llCr_a~ l¢,~ COitP'QBiAtE OFFIC~t1{Si pte+S aelfy 1~1=a+c±d~~._---~-. _._.?.jixsiR~ _ []pa sc~Plelly kr+®vvn to me - ~t'i • +®v@d la troe r•n th@ ~BSoS of seNslacto+y @vi~d@".Lce ~ a~AtaTis~~{s) t,lAlnrEh " tC1 IDP, th(! pP.PSOri(S) wtr®S@ +taPTBP'(3)~85~r@ ($E+J~+1/dl. ~v~gcPlbcrtt to tt?e vvit6rlra BPO uenrant enr9 sec- ~ AYtCy9aA1EV tA+ FACT ~ kncwte!d~)ed Io me Ihs a t~@y ex@c~ated ~ T+at9~rEEts? the same to hisheir eull+ rued ~®U/ara®oml~~c;oNS~nvnr~n ~dlRYl_~tEE~ cA)?actty~(ies). end ifial by hisltt,~~leelr ' cam, a~ Sigio~90vre(s) on Oh@ Instrum@nl fhe person(s), ~°rI~E~: . +~lo+o?Y ~u~i)C ~ CaAtaxP?lo or the t; ntily Upon t'ehAll of which the ~ ~RIPI COUFITY cexrm.Fv~Ir13~~,+aRR7. 1991 perso++(5) aac4ed, executed tl?e Instru+vse++t. s~c~~a ~s a~roa~s~~r~~c~ !~l) f NF_SS +r+y hand and ofticl~al seat. ~~+'e+as~sPCwaEaralPdrFSI ~ a ~ CortveA IVYlF e>r a,vaennr . - r101S ..Fllrrr )CnrE MU•sT 8E nr1nC11E() To T+rIE Orl r vi'E O~ bOCUAAEldr ~ . i~ L.o • ~ f~~ < rleE xx:tJta~+~r ~[SCPBIdEt? ar r+oG?(t: 7 _ - s•+t1A(eEn c:F r~ceS - bA+E Of CUCUMFN? . I1NU~ , IIM dvl~a ~^~v+vslnA !IRPH It aasyt ea.~d,rd 9~y I:sw, Ncnu p+•rvP'oo1lmuAlwC~,aor.EP9Ar~rem~ePh'aedaeoven ~IAI'~Fft(S101HERTIP11A+1~+/1ARE~01F301~E..._..,e..._......__...._..... _ ._®a.... _ Yds. ~ ,~~4:~ _ - r 7 . • ~ ~ - ~nlg~og NIlrlvNAt NOt pPiv ASSOCU+IP9P! ~ A77® rinmme! Av,J . P.O. ®va 7 a~®~ Ca:,aops PAdk. GA 41'Pr14 Paralette l~a'ala Foglesong leoberson 769 Coq~lna i3'ay; Frevnont, CA 94539 Psn/Fax Plrar.: (SIO) 6~6-2123; Eanadl: rocazurl a(~,~o. cona _ August 7, 2001 Mr. Robert D. Triantos CARLSMITH BALL P. O. Box 1720 CERTIFIED MAIL Kailua, Kona, HI 96745-1720 Subject: R Greenwell Re-wne Of Adjacent Lot 7-4-006:006 Dear Adjacent Land Owners, 1 am writing to you regarding the above re-zoning and land use of the Greenwell large adjacent parcel which will affect our access and land use to our properties. Our property border the "old government road" which is the bottom boundary line of our property. Accordang to the maps filed with the County of Hawaii ,Planning Department there is a "60 8. access easement road" used to access your land as well as the "Hawaii County Honakahau 9Vatzr Weli." The last lime vas were in Kona on May 2, 2000, a gate has been put up at the foot of the "60 ft. access easement road." My concerns is this: 1. Will our access to our parcel (kuleana) be cut off due to the placement of the gate at the foot of this "60 B. access easement road?" 2. The gamily lots" could allow a "gated community" adjacent to our parcels (kuleanas) and would affect the local flavor of these lands which were granted from the Land Commission Award Act. IS there a guarantee that your lots will not become a "gated community?99 3. Is Hawaii County Water from the adjacent water well to be used exclusively on Mr. Greenwell's rezoned land use or is this public access use and available to adjacent parcels (kuleanas)7 4. Mr. Greenwell has cut down and bulldozed his lot(s) at that elevation level. We contest the description of our parcefl (kuleana) as having been "overgrown with primarily non-native trees and underbnash." At this elevation, these are not "non-native trees and my property has the "natural lava flow" Under the canopy of these tall trees. My property also has the remains of a "koa" tree that has been gutted out by burning by som~ne. My property also had a natural water spring that is now being diverted to the Honokahau Water Well. I have been watching this adjacent development for the last 10 years and am surrounded with Greenwell family on 3 sides. My parcel (kuleana) is situated between the above mentioned parcel and the Palani Ranch which is the Greenwell `ohana_ We were also approached by the Greenwell (Evans) family to sell our property in such a way that would bind us in agreement with only a "51,000.00 deposit in escrow" on their part. The overall offer was $200,000 and after consulting with our attorney, we found "their intent was to simply talcs advantage of an old Hawaiian lady," my mother. Had they been serious, much more money vsnould have been deposited in escrow. We look upon this re-zoning issue very seriously in its affect on our parcel (kuleana) which is right in the middle of-the Greenwell properties. In conclusion, we would like to dascuss with Mr. Greenwell our concerns and the following items: 1. Allow use of the "60 ft access easement road" up to the "old government road" for our access to our parcels (kuleanas) as neighbors. 2. Verify that a "gated community" will not be built on the gamily lots." 3. Allow neighboring parcels (kuleanas) owners access on the "60 B access easement road" to the "old government road" to insure that "land locking us out" of our parcels does not happen. 4. Allow or make accessible power and water to neighboring parcels (kuleanas). 5. Discuss other avenues of access, use right of way, and other items deemed feasible. Signed: ~~.o,~sr~. -~r-~.Pi~.,~s.~; Date: ~ ~ : ;:~le:.aiial~ t:vi;er Marc:; a , u,SCC ~lv~tl y l~illele roglesong L1v11Yg 1 lust cc: County of Hawaii, Planning Department 1 r S Al A~ ~ ~S~ ~ ~ 1 1 ~jj ~ I / , .2200'_, ~~`1 ~ n 1 cc~ N Q_ as ~ ~ ~ , r i. r- ~ N ~ v ~ z l- ~ ~ I Z6ti~ ~ 3 o I ~ ~ ~v-z i m ~ ~ O nL ~ N .944 s 6~ ~ o ~~o~ A; oo O ~ ` ~ O' ~ 1 ~ r ~ ~ o ~ c9 ~ a, O i1 / 1 \ ~ Lf 00~ ~ NI l I U ~ / H1LON 3lINl l 1 n ~ / y ~ !(-b•~ r fir' ~ ~ ~ ~ ~ " ~ • a i ~1 ~ z~ O 1 9.1F~y+"~ ,h5~ b. i l 1J1 ~ ~ ~ \ ~ vP~1` ~ / / R" U;.~r-vrc b~ i a ~ . U ( ~ J' ~ Fi Y ~ O~ 4 } G~ / En ~.i ¢ Z ~ I ' ~ ~ KOO J O ,~I ~ lW S+ ' J o_ ~ hid i~ O ~ ~ ~ d' C1 ~ ~ rn m I I ~m ~ I z Vl < r © r~-+ o a Q r e. a ss i\f 1 ~ , , ~ \ ' I -1 1 o, ~ 't oe4 E~ ~P• -'1 / ~ ~ _ / aa. ~ ~ ^~~a c Paulette ga'ala Foglesong Roberson 769 Covina ~'ay; Fremont, CA 94539 Bsn/Faz Phn.: (510) 656-2123; Emall: rocazuri(a~juno.corn July 24, 2001 Robert Henriques Jr. Joseph & Rosaline Henriques Ruby & Mario Iafrate ~ 74-4944 Mamalahoa Hwy 74-4944 Mamalahoa Hwy 7662 - 19`~ Street West ~ ~ ~ , Holualoa, HI 96725 Holualoa, HI 96725 Tacoma, WA 98466 Tsuneko Ota Kamuela Maunu Kealai Salinas 475 Atkinson Dr. #1408 P. O. Box 1005 P. O. Box 1234 Honolulu, HI 96814 Kapaau, HI 96755 Kailua, Kona, HI 96740 Subject: R Greenwell Re-zone Of Adjacent Lots 7-4-05:2, 85.396 acres Dear Adjacent Land Owners, I am writing to you regarding the above re-zoning and land use of the Greenwell large adjacent parcel which will affect our access and land use to our properties. Mr. Greenwell is proposing `Family lots" on his adjacent property utilizing the "60 ft. access easement road" used to access his land as well as the "Hawaii County Honokahau Water Well." Ail of our properties border the "old government road" that was used to access our properties by our ancestors. Agate has been put up on the "60 ft. access easement road" which is paved and does have electrical power poles taking electricity up to the "old government road" My concerns is this: 1. Our access to our parcels (kuleanas) will be cut off due to the gate on this "60 ft. access easement road" 2. The `Family lots" will allow a "gated community" adjacent to our parcels (kuleanas) which are part of our Hawaiian history from the Land Commission Award Act. 3. Hawaii County Water from the adjacent water well will be used on Mr. Greenwell's request to re-zone and this privatization (personal use for family lots) of county water contradicts public access use especially with a gate at the foot of the "60 ft. access easement road" and this should be questioned 4. Mr. Greenwell has cut down and bulldozed his lot(s) and has begun to cut down that elevation level of rain forest. His description of our parcels (kuleanas) is "overgrown with primarily non-native trees and underbrush." At this elevation, these are not "non-native trees and my property has the "natural lava flow" under the canopy of these tall trees. My property also has the remains of a "koa" tree that has been gutted out by burning by someone. My property also had a natural water spring that is now being diverted to the Honokahau Water Well. I have been watching this adjacent development for the last 10 years with pure amazement at the approach My parcel (kuleana) is situated between the above parcel and the Palani Ranch which is the Greenwell `ohana. We were approached by the Greenwell (Evans) family to sell but their offer of $200,000 only involved a deposit of $1,000.00 into escrow. Our attorney said not to sign. In conclusion, I think Mr. Greenwell and the Planning Commission should 1. Allow use of the "60 ft access easement road" up to the "old government road" for our access to our parcels (kuleanas) as neighbors. 2. Verify that a "gated community" will not be built on the `Family lots." 3. Allow neighboring parcels (kuleanas) owners access on the "60 ft access easement road" to the "old government road" to insure that "land locking us out" of our parcels does not happen 4. Allow or make accessible power and water to neighboring parcels (kuleanas). r~ - - C.~.:.ct:r T~ ,intent: ~ :~y~ Print Name___ ~ ~ ~1 4t 9~s _ Page 1 By a signed concurrence of this letter, I would like you to mail a copy of this letter to the Planning Commission in the envelope provided. Please send another signed copy to me and I will forward to Carlsmith Ball who represents Mr. Greenwell. I appreciate your time and hope you will agree with my concerns. Sincerely, 1 1 Paulette Ka'ala Foglesong Roberson Trustee Mary Kalele Foglesong Trust Page 2 Paulette Ka'ada Foglesong Roberson 769 Covina Way; Fremont, CA 94539 Bsn/FaxPhn.: (SIO) 6~6-Z123; Ematl: roca~uri(a~~uno.com July 24, 2001 Robert Henriques Jr. Joseph & Rosaline Henriques Ruby & Mario Iafrate ~ - 744944 Mamalahoa Hwy 74-4944 Mamalahoa Hwy 7662 - 19`~ Street West v Holualoa, HI 96725 Holualoa, HI 96725 Tacoma, WA 98466 Tsuneko Ota Kamuela Maunu Kealai Salinas 475 Atkinson Dr. 1408 P. O. Box 1005 P. O. Box 1234 Honolulu, HI 96814 Kapaau, HI 9675 Kailua, Kona, HI 96740 Subject: R Greenwell Re-zone Of Adjacent Lots 7-4-05:2, 85.396 acres Dear Adjacent Land Owners, I am writing to you regarding the above re-zoning and land use of the Greenwell large adjacent parcel which will affect our access and land use to our properties. Mr. Greenwell is proposing `Family lots" on his adjacent property utilizing the "60 ft. access easement road" used to access his land as well as the "Hawaii County Honokahau Water Well." All of our properties border the "old government road" that was used to access our properties by our ancestors. Agate has been put up on the "60 ft. access easement road" which is paved and does have electrical power poles taking elecrtriciry up to the "old government road" My concerns is this: 1. Our access to our parcels (kuleanas) will be cut off due to the gate on this "60 ft. access easement road" 2. The `Family lots" will allow a "gated communit}~' adjacent to our parcels (kuleanas) which are part of our Hawaiian history from the Land Commission Award Act. 3. Hawaii County Water from the adjacent water well will be used on Mr. Greenwell's request to re-zone and this privatization (personal use for family lots) of county water contradicts public access use especially with a gate at the foot of the "60 ft. access easement road" and this should be questioned 4. Mr. Greenwell has cut down and bulldozed his lot(s) and has begun to cut down that elevation level of rain forest. His description of our parcels (kuleanas} is "overgrown with primarily non-native trees and underbrush." At this elevation, these are not "non-native trees and my property has the "natural lava floes' under the canopy of these tall trees. My property also has the remains of a "koa" tree that has been gutted out by burning by someone. My property also had a natural water spring that is now being diverted to the Honokahau Water Well. I have been watching this adjacent development for the last 10 years with pure amazement at the approach My parcel (kuleana) is situated between the above parcel and the Palani Ranch which is the Greenwell `ohana. We were approached by the Greenwell (Evans) family to sell but their offer of $200,000 only involved a deposit of $1,000.00 into escrow. Our attorney said not to sign. In conclusion, I think Mr. Greenwell and the Planning Commission should: 1. Allow use of the "60 ft access easement road" up to the "old government road" for our access to our parcels (kuleanas) as neighbors. 2. Verify that a "gated community" will not be built on the `Family lots." 3. Allow neighboring parcels (kuleanas) owners access on the "60 ft access easement road" to the "old government road" to insure that "land locking us out" of our parcels does not happerL 4. Allow or make accessible power and water to neighboring parcels (kuleanas). . - "nnt~rr -.,ra Print Name . . ; , Page By a signed concurrence of this letter, I would like you to mail a copy of this letter to the Planning Commission in the envelope provided. Please send another signed copy to me and I will forward to Carlsmith Ball who represents Mr. Greenwell. I appreciate your time and hope you will agree with my concerns. Sincerely, r Paule4te Ka'ala Foglesong Roberson Trustee Mary Kalele Foglesong Trust Pale ? Oct-17-O1 15:54 Frsu~-CARLSA41' +18083299450 T-011 P.O1/02 F--480 ~ARLS1y1.IT'I-~ .~LIv. L.LP ~ ~ . J , ; .a LIMITEDl.IABIIITY LAVV PAKT?vEilSniY ~ 1 ~ ~ t. L ,.,,.a..~..._.~ - auL 30 f; ~ :18 ` ~ - 75-1000 HENRY STREET, SL11TE 209 ~Ol P O Sox 172u - KAI{.UA-iCONA, HAVVAp 9674$.17?0 L ` TELEPhiObVE (8(a6) 329-b4~4 i'AX iBOB) 539-9$~0 W W W CAA.tSMITti CC)M AIRECa' DlAI. NO 3B Jtay zs, ?ool Pest-ie° Fax Noa~ 7671 0 Ms. Paulet[e Ka'ala Fogelsong Roberson ~ ~rwr+ o X69 C®vi. Way ~ Frcnnont, C ~ 94539 ~ Pn~ g R.e: Request far Copies Chaaage of Zoale application Ta•~ K 7-4-Q,~5. 005-4-OOb:OO6) Dear Ms. Roberson: 1~Ve extend our deepcst syaaYpathy far the recut loss of your taaABhea-. I bear no ill will conceraai>:><g Dear representation and ora~y elvish you the best of back in clcarirag title to yogar property The chatage of zoaae that is beiatg done is ota TMK ~-4-OOb•0O6 aaad not 'I'MK 7-4~-005:00 ~s referenced in your letter. We are atteatlptBtl<g to zone this property for Robot K. Greenwell to F-A-I to allo~i for a? sttbdavisioat of thc~ property. This rezoning a>ad ssabdavisioa>< projcct shalald assise you ita letting ittl<proved access to yot~ property. ~Vr would appreciate any support you cotald give us in the zoning request. Jtast for your refeYence alad that of your artorncy, thr la acre parccl owaaed by your another is designated on ~e tax neaps as Tax Map ley: 7-4-005: 004. Tax Map Key: 7-4-005: 005 ~vlaich yoet referestcc in your fetter is ®~ted by ahe ®ta's. I have igacluded a copy of the text neap for your property for your use. 4.j' 3' l10NOww K..PGIt~ nao Kon• - Mnw Cu~M - ~wr•n AnCt~u WwSpgxaGTOn D.C Mt~ttCO ~ sir Oct-lt-O1 15:54 Frain-CARLS~9~" +18083299450 T-011 P.02/02 `ry480 ivis Paulettc Ka'ala Fagcisong Roberson July 2s, ?ao 1 Page 2 'Thaw you for your altcaapoa~ ao this matter. Should you have any qucstians ar cancans regarding the rczagaing of the Grecnvvell prape~y, please da nat h~si~tg to call ine ar have your attanney call acre. Vve would be happy to address easy of your concerns. Very s, Ra el7 D. Trg tas RDT:rhy aosass..x o~~ac'a-exaosw ~8lClaS16~C BGreenwel1R02skg-1 /30/02 COU1oT~ OF I~dVAII PI~ANI~TING DEPAI2T'1VLE1oTT SUPPLE 0127[' ROBERT I~ELSIIAV6~ GREENWELL ~IIANGE OF ZONE-~L,I~~'TIO~T (I3EZ 01-0010,x, ROlOERT KELS~IAW GREENWELL has submitted an application for a Change of Zone (REZ 01-010) by changing the district classification from Agricultural (A-20a) to Family Agricultural (FA-la) for approximately 27.131 acres of land. The property is located adjacent and east of Kai Subdivision, approximately 800 feet east of Mamalahoa Highway and one mile southeast from the Mamalahoa Highway-Palani Road junction, Honokohau 2nd, North Kona, Hawaii, TMK: 7-4-6:6. ~UPPLEI~ITA,~ INFO ,ION 1. Request: The applicants requested a Change of Zone from an Agricultural (A-20a) to a (o . ?9 Family Agricultural (FA-la) zoned district for approximately ~'i~1 acres of land. The applicants propose to subdivide the property into 23 lots approximately 1.009 to 1.266 acres in size. The existing roadway leading to the subject property is a private roadway that continues through the subject property. This road also serves as an access road for other parcels above the subject property. The Old Mauka Government Road was included as a part of the subject property and has now been subsequently deleted. 2. Public I'Iearing: Two public hearings were held on October 29, 2001 and December 9, 2001 regarding the subject application. The Planning Director requested that the October 29, 2001 public hearing be continued since comments from the Department of Water Supply had not been received. Testimony was provided from various members of the public and surrounding property owners in opposition. Concerns were expressed regarding the increased density, access, the ownership of the Old Mauka Government Road, and the existing well site in the vicinity. According to the applicant, the Old Mauka Government Road was received in exchange for the Old Mamalahoa Highway below the development on the makai side. A second hearing was heard on December 9, 2001. Department of Water Supply comments are now part of the file explaining that a water agreement was approved for 22 units. Additional testimony was provided 1 , ; , 1 a: ~ a.. regarding the further increase in density, overall development and the ownership of the Old Mauka Government Road. A petition with people in opposition to the rezoning request was submitted by R. Greenwell. The Planning Director recommended that the hearing be continued in order for the applicant to provide further evidence of ownership regarding the Old Mauka Government Road. 3. Saapplernental Information regarding Old Mauka Government Road: Correspondences between Applicant (Carlsmith Ball) and Planning Director regarding ownership of Old Mauka Government Road a. (See Exhibit A -Letters from Applicant (Carlsmith Ball) dated October 19 iii 26, 2001, and November 21, 2001; letter from Kelly Greenwell dated November 28, 2001) b. (See Exhibit B -letters from the Planning Director dated December 4,17 and 27, 2001) 4. New Information from Applicant Deletiaag Old Mauka Government Load frown request: Subsequent to the two public hearings and the Planning Director's request for documentation on the ownership of Old Mauka Government Road, the applicant submitted revised metes and bounds deleting the Old Mauka Government Road from the change of zone request. (See Exhibit C -Letters from applicant (Carlsxnith Ball) dated January 3, 2001, January 14, 2002 and revised metes and bounds excluding the Old Government Road) 5. Family Agricultural (FA) honed Districts: Recent Rezonings for FA designation. (See Exhibit D) D S PTION OF S~TBJECT PI~OPE1tT~AND U OUNDING AIt~.A 6. ALISII (Corrected): A majority of the subject property is Unclassified. A portion along the northern boundary of the subject property is classified as Other Important Agricultural Lands. Note: Original background stated that entire property was classified as Other Important Agricultural Lands (See Exhibit E) -2- ADDITION AGENCIES' CQ~IO~NTS 7. Office of I~iousing and Coanmunity Development (January 28, 2002 Memo): "Housing conditions, pursuant to the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy, are not applicable to this application at this time. "Thank you for the opportunity to comment. "Please call us at ext. 8379 if you have any questions or need additional information." 8. Department of health (Additional Memo dated December 3, 2002): "The Department of Health have (sic) concerns due to the location of a drinking water well within a 1000 feet of the proposed subdivision and that there are no sewers in the area. No cesspool or septic tank system is allowed to be built within the subdivision that falls within 1000 feet radius." 9. Department of Water Supply: (See Exhibit F -Memos dated October 26, 2001 and November 30, 2001) 10. Applicant's letter of response to Department of health and Department of Water Supply: (See Exhibit G -Letter dated December 4, 2001 frown Carlsanith Dall) ~:DDITI~N.. PUELIC COMMEIe~TS 11. l~ign and Aaron Evans: Written public testimony (2 letters) provided on October 29, 2001 and December 6, 2002, and a letter dated January 28, 2002 frown Dian and Aaron Evans. (See Exhibit I~ 12. Petition received from Pete Greenoavell, signed by neighbors in opposition to the rezoning request -submitted at December 6, 2001 public hearing. (See Exhibit I) 13. Dian Greenvvell: Written public testimony provided on December 6, 2001. (See Exhibit J) 14. PATIFI -Ann C. Peterson: Letter dated December 7, 2001 regarding Ownership of Old Government Load. (See Exhibit I~ -3- Oct-18-O1 14:31 Fro~ARLSIJ +18083288450 T-036 P.02/22 F-531 C~.RLS1V[IT'~i ALL LLP A LIMITfD1lABILITY 1A VV PARTNER~nIP 75-1000 1^lENRY STREET, SUITE 209 P.O. Box l 7so KAILUA-1CONA, HAWAII 96745-1720 ~ELEPF90NE (8U8) 329.644 FAx (808) 329.9~Su WWW CARESM1T17COM Oetaber 19, 2001 Mxs. Geralc~ae M. Cxi~ita<, Cbairpcrsort County of 1~laevaaa Plaaanin~ C®tnanissiota Mr. Christopber J. Yuen, Pl ~ director Coa~ty of ~$awaai Platctiitl~ i~epa~racnt 2S ~iupuni Street Piiln, Hawaii 967?0 ~~°I'E1~1TT®leT: ST7St~,N Ca1~~8Q~,[l~ Ag~lalic~llats rasp®nse: P»sblic ~•csess9 Priva~ts It®adeaay ~ ~d,(acent I.~a,d~vvsaer issues APl'I.ICAT141V 1'®1~ C1~~GE ~O1~IE .~3Spli~ae~tt: .Rabert ~elahaw Ga°eenwcA ~.~eatt: Rabere l).1'riaatteDS, Esq., Carlsinith ball I.1.P ®w~ae>rs: ~abert Ktlsha~ G1r~atvveA ~ ~,®u Ellen I,~aseberc ~egesest: Cbatage o1T~®ne fr®tat A.~a~cultttra120-acre (r!-20a) to ~`aaasaily a~gricuttaaa~ 1-acre (I~'Fp-la) t® ai9®`v the developa~eent cif ~>zrs 23 Iwt faanily agricultural subdevisieaar. 'lCaac lbi., a~,,IC • `7-4~tOb • , Q06 >~ear Chaitpersoan Giffin & Mr. Yr~aen: ~e have enclosed the applicant's response to the above-referenced issurs as requested: MOivOtuW lCaPOtq H0.0 Kutvw - Mww CIJAM ~ i ~o? wnet~N W~~n«vCrvn. DC Mexico Oct-19-O1 14:32 Froar-CARLS, +18083299450 T-036 P.03/22 F-531 Mrs. Geraldine M. C'ii~Faaa, Chairperson Mr, Christopher 1 Yuen,1'laaniaag Director October 19, 2001 Fa$e 2 h t-,~~,~abllc~ecess Re~giret~eetets ~„Pacan>G's l~testsorese: The parcel is a 27. i3I-acre rectan$talar-shaped, tataixaaproved parcel of laced located reaauka of Manealahoa Pdi$leway, approxieraately Date oaile southeast of the Mlazaaalahoa Highway-Pa~lani Road Junction. The Property is more particularly described as I.ot 10-,~, beita$ a pordo>n of Royal Patent No. 6855, Land C+~naueission Award No. 9971,1~paxaa 9 to William Pitt I•,cleiohok>~, sittaated at Horaokohaea ~snd, District of North Kona, lsiand seed Coualty of Hawaii, and is desisted by State of Hawaii Taac l~iap Kcy No.:{3)7-4006.006. ~e Property is located between the 1,600-foot seed 1,$00-foot elevatioaa. The Property is located approximately 4 miles naauka of the shorelztie and approaeitaaate„ly 3.b miles frown the rnateka K.atapulehaa forest Reserve Area. in additioa~, witbira the Cameral Plan and the Kona Re$ionaI Plan., there arc no ideratifacd public accesses related t® the above- refercnccd property. Therefore, there will be xaa adverse iaaapacts to stay shoreline or axaataka public accesses ass a result of the rcgtacsted Cl~ata$e of done Request for the proposed subdivisiona. P.l~a~e oa ~Y Is9aae• ~c R~ ®se- Wchave enclosed a copy of a Vvarrataey Laced that conveys the above- referenced property tQ Ciraaatees, Robert Kelshaw Caxeenweu ae1<d Lou ~llera Lartabert, recorded with tlae bureau of Cotaveyaaaces ore Febrteary 12, 1991 as L~ocutraeeet No. 91- 019027. let l~xhibit A of this ccaaaveyaxace doctanacnt, we wotald like to note the foUovving: I . Parcel A is the lc~al writtesa tnctes and bounds descriptiota of the above`rcfcrenced property. This is consist~at with the Subdivision Meg apgrava1;~4654 approved by the Plaraaiisag ~epae~trracrat. (See ~xlaibit A) 2. Parcel l3 (Roadway) is the lc~al written exactas and bounds descriptaora of Lot 12. This is the roadway frosts IVlatgaalahoa Highway to the above-referenced property. There is also a reservation to the ~?ratators, our clients, a nou.exeluaive, perpettaal easerraent for roadway and utility psarpastas t® be awed in c®trtrteore with the $raral~ees....ota tender, over, ae><d across the parcel of land hereinabove described (Lot 22). (See exhibit ) We have also enclosed a copy of the approved subdivision map #4654 that created Lot 10-13, that is preseratIy Dug clients property in the chaeege of zoaae request, Oct-19-01 14:32 Frog-CARTS' +18083299450 T-036 P.04/22 F-531 Mrs Geraldine M. Gillen, Chairperson Mr. Christopher 7 Yuen, Plaaaniaag Airector October 19, tool Page 3 showing the location of Parcel (Roadway) I.ot 12 to clearly show the Applacatat's righu for the ease of this private roadway. A ease er C ~i _ ass! a R® 's seac• The property owaaed by the Mary I~alele Foglcsong Live firust is Tax Map K.ey: ~'-~-005: 004 whose access has always been front the Old Coverratraent Road. The Foglesorag's, uaaforturaatcIyheve not taken any action aU these years to aYaake a decision as to how a viable roadway access woaald be provided to thcar properey. Tbc road access to their property bas always been from the Old C7overtanaeatt Road. ~'heref®re, tl;.eir r®ad access ~ghts to their property has tact claa>~agcd..tan addition, the stabtnissiort of Dear Applicants chatage of ~orae regaacst does not affect the road access to their property. Under the basic paaaciple pf law. when ores washes io acquire private access easerYael7t rights, the raorrnal process would be for the panics ixavolvcd to r?a:gotiate the terrras and cogaditaons of such an agreerrgeaat. Tlae° Foglcsorag's shotald not bold Dear Applicants change of zone request as a etaeaans to claw for a road access cascaraerat to their property. There: is a legal process by which flee two partacs Heusi coins together to discuss and negotiate, not only the access ease:merat lessee itself, beat other lessees fleet include the cost oftbc eacastan$ anfi~structtarc and also the other owners of the Parcel l~ (Roadway) I,ot 12. As Ms. Foglesoxag Roberson states ire her letter of Aabgust 2001 e~rhacb was sent to your office, else ixadicates that "Ire roaae:laesion4 we would tike to discuss wYt1t IVdr. Greerawell Dear coracerras and the i`®Slowilrag ttetaas: 1. Alio~v tree of the b`6® foeet access easetnesllat trp to the +Dld t~overnrtieatat ~teaad~' f®r our access tea ottr parcel (kaateaanas) as neighbors.'' °Therefore, Ms. Paulette Fogleson Roberson tatadcrst~ads that slay just carltaot request that the Plattnigag Cora~tnissaon grant her a fre:c seed clear road access eascrncrat to their property. The acquisition for an road access easement must be between the two private parties and arty others involved. We would repre'scnt to the Platataital; Cornrnassion for the record that we are open to discuss this issue with Ms. Paulette Fogleson Roberson or her designated representative, but to this date, our Applicant has not btcn contacted [o begin a discussion for stay road easements to their property. Oct-19-01 14:31 Frog-CARISI +18083299450 T-038 P.05/22 F-531 Mrs. Cseraldine M Caiffirli, Chairperson Mr Christopher J Yuen, Platuaia~g Dueceor October 19, 2001 Pale 4 Ivor your addad anfo>:rraataon, we would lake to infoina you of 1~hc following: 1. June 9, 1997 -The County Co»cil approved Change of Zone Ordinaries no. 97- 74 fog Tax Map Ivey: 7-~-OOS: Q02 fsom a 1;.griculteu~a120-acre (A-20a) to Agricultural IO-acre (A-IOa) zoiae district. This property has a conat>~on boundary line with the F`ogleson~ property located on the north sidr, and identified as Tax Map Key: 7-4-005: 004. 2. Jnne 14, 199E - A subdivision applicatiara for the creation of 2 lots was saabrraiit[ed to the Planning I~cp ent (SU13 Na. 149b-bl). 3. Apri127, 1997 -Variance No. $ 18 was approved by the Planning .director to allow the creation of a 21ot subdivision ~rithout a water system meeting with the rnanizriurra water requirerrienrs of tha County Depaa~ient of VVatea° Supply_ 4. October 27, 1997 -Variance No. Sb6 was appr®ved by thr Plaatning Director to allow the creation of a 21ot serbdivisioaa withoait meeting The Mitaiatautta right-of- way and pavernerat width and Standard for Non-Dedicable stg°eet regaiire~eYats of the Subdivision Cade. 5. Septerraber 9, 1998 -Final Subdivision approval was $rantcd for SUS No. 1996- 61 as Subdivision No. 7020. ale have enclosed a cagy of the approved subdivision rraap that shows 1~aat there is an easement f®r road. atad tatility purposes that abut tlic FoSlesoaag's coa»oaa side boundary property lane wi~a Tax Map Key: 7-q..005: 002. °Iltercfore, the Foglesong's also have dais other option to consider far acquiring a road access mad utility easertacnt to their property from this ac~acent property. (See Exhibit C) hiovreveg, the Applicant, Robert Kelshaw rreenwell and Lou EUen Laarabert do atot have ownership interest in Tax Map Key: 7-4-005: 002. V6/e hope that th+vsc responses adequately address the issues as you have requested. _ . Oct-19-01 14:33 From°tARLSI +18063298450 T-036 P.06/22 F-531 Mrs. Geraldine M. Gi~iri, Chairpenan Mr Christopher J Yueai, Platag Ducctor (Jctober 19, 2001 Pale 5 Should yott hive ~y questions, pleasc cats Yne. Very try , ~ ~ Rob Tri os R~T:rhy Inc: , Oct-19-01 14:33 FroraaCARLS +16083299450 T-036 P.OT/Z2 F-531 ~ ~e~+~s~i caF ~as~ R~rOt!DbD +45 PCNd('ty~ EAU OF CONVkYANO~ f _ ~ 7~ c®~.?~ SYSTEM R>~GU~~~ s~t~, Razurr? (x ~ ~xekug~ ( ~ ~O: NAK~d®T®, YosxIOKR. ~ oKANtoTo Att®rneys At Law 187 Kapio].ar~l Street Hiles, I$awa3.~. 96720 TITLE ®F I,OGLJidBRN'!°: WARRAP[TY DEEP] PARTIES To ~oc[JirdENT Grsnt®rs: la®>3ERT F>~NCIS GREEN~TIELL, as Trustee of that oertaiz~ Robext Francis Greenwell Revocable LalviY~g 'i°rust, dated Februa:Cy 23, 1982, a~ ameazc3ed; anc3 P'RAIVK R_ GR1~ENWEI.L ae:d ROZ9ERT K. GFtEEN6dELL, as Cc-Trustees ®f chat certain Alice Emily Greer~well Revocable Llvirag Trust dated July 21, ].982, as amended. Grantees: Ro1sERT 1ECEILSHA~nd GREENWELL and I.®U ELLEN ~+MRERT, hus?~and and wife PROPERTY DESCRIPTION: 1~ISER/PAGE: a) Ali, ®f that Certain pro~aerty DOCUMEN°!' NO. situate at Honok®hau 2nd, TRANSFER CERTIFICATE 0~` District of North Kona, Is~.antl, TITLE NO(S) . County and State of Haswaii, caaata~.ning an area ®f 27.131 acres, more or less. ~ 1 Oct-14-O1 14:33 Froa+-CARLS, +1808329Ad80 T-038 P.08122 F-531 b} All of that certain properry situate a't Hot3®kcahaea 2nd, Distract ®f N®rth K®na, ls2and, C®unty ansl Sb~te of Hawa~.i, containing an area ®f ®.933 acres, more ®r less, being furlChElZ' iden'~~.:Eied as &o'~ No. 12 of the "Fi®nok®hau 2nd Subidivision". (RQadwzay) Affeots: i'NtK ( 3rd ) 7-~-6-6 WARRANZ°Y DEED KN®W AI,L MEN EY THESE PF;F°S7vNZ'S: That ROHEF2T FRANCIS GR1~B1dWEI,I,, whose rssideaace .is ®n Mamalah®a NighWay at €ionok®hau 2st, North Kona, d~awai.f, and whose mailing address is P. D. Hgas 1718, Kailas-Kona, Hawaii 96765, as Trustee ®f that cestaa.n Robert Francis Gre~,nwell Revocable Diving Trust, dates February 23, 1982, a;s amended, and FRANK R. GRB£Nt~HLL, wh®se res~.dence and mailing address is 2519 Aha A#.na Place, Honoltalu, Hawaii 9682]., and ROB>eR~' IC, GR>=~'NWE>!°~., whs~se residence address is 73-880 Kupalo}se S~reet, Kailas-Kane, Hawaa.S. 967445, as C®-Trustees of that cexta~.n Alice Emily Greencael~. Revacab~.e Living Trust dared July 21, .1982, as amended, hereixasfzer called ~'he Grantors, fcr and a.n cans~.derat3.on of the sum of TEN t3QLLAR.S (S10.04 ) and o't:hea~ valuable caa~siderat.ion to them in hand paid by ROBERT KELSkiAW GR1b~NwELL and I.OU EI,,LEBV .LAMBERT, husJatlnd grad wife, whQSe x°esidence address is 73-880 ##4 Kupaloke Street, Kailua-K®na, Hawaii 967~Q, and whose mailing address ~.s P. CJ. Box 1779, Kailas-Kona, Hawaii 9675, hereinaftex° called the Grantees, she receipt whereof is hereby acknowledged, have sold 2 Oct-19-01 14:33 Prom-CARLS +18083298450 T-036 P.09/22 P-531 and by These presents do hereby bargain, se.l]., assign, c®nvey and transfer unto the sand Gx°antass, as tenants by the entirety with right of survivorship, all of the property dascr.ibed in ~achibit A attached hereto and by refereaaae made a pare hereof. Z'®GIETHER, with all grad singular the i.mprovemerats, tenements, rights, ea,semera'ts, pr~.va,~.eges, hereditamezats and apptartes?eances therauntc belonging, ®r 3.n artyw3se apgertain~.ng, and the reversian and reversions, remainder and remainders, rents, issues and profits thereof. Na+v~ Axe ~°o xoz.~ she same unto she said Grantees, as ~Cenants by tkae entirety, to the survivor of them, and to such survivor ~ s hears and ass~.gtzs, forever. Agad the sa~.d Grantors do hereby coveaasst to ancB with the said Grantees, their heax°s anc~ assigns, that they are seized .in fee ®t 'the said granted preata.ses; that they ?nave go®d right and .lawful sorb®~C'izy t® sell and c®nvey the same: that th® same ~,s free and caear of eracumbranae ®f every kind azad character, save asad eaccept ras noted oaa said E~hib3~t; and that they will and their successors and assigns shall FDRRI~ANR` and PRFENE) the title thereto agaa.nst tha Lawful. claims of all perscans whomsoever. IAi WITNESS 6JHER~OF`, the said Grantors have hereunto executed these presents on this e$ay of `.Jet ,'t K c~ ~ 1991. C3RERfi FRA CIS G NW 1L~, Trustee under shat certza Robert ~'tancis Greenwell Revocable Living Trust dated February 23, 1982, as ame~aded 3 Oct-19-01 14:34 Frog-CARLS +18083299450 T-036 P. 10/22 F-531 /l~''~ i /C~tit.-C.Cw, ~ / FRP.N GRE N6rtELI. 1E2O13 REENWELL Co-Trustees of that certain A.la,Ge Emily Greea~ssell Revocffika~.e Laving Tryst dated July 21, 1982, as am~anded STATE OF' ]FiAE~dAII ) SS: C®UNF'PY OF HA[dAII ) On than ~ day of ~t~,-9 e.` ~ 1991, before me persogaal~ly apgeared R®.~ERfi FRANO~S C$3E£N6J I.Ia, Trustee of the R®bez't Fraaaois Greerawell Revooal~il~ I,a.ving Trust dated Febr~.tttry 23, 1982, as agttendeci, to ante known. tca be the person ~Iescr.abecl iri seed who execu~ec3 the #'ore~olr~g[ l.nstrua~ent, and ac)cdi®wledgec~ chat he executed ttae same as has free act and deed as sucA Trustee. Notary Pub2 ie, St3t€~ of Hawaii . My c®mm3ssior: expilc'es:.~,1~~ L.. - i 4 Oct-18°01 14:34 Fran°CARLSI +18083288460 T-038 P. 11/22 1'-631 STATE OF` HAWAII ) SS: CITY AND COUNTY OF HONO~U};-U ) Om tha.s day of ~ A. ~ u GL 1991, b~f®re aete persosaally a~speared F'~Nic GR1<8NW£I,I., Co- °rtase~a of that cegtain Al~.ce Emily Graea~ta~ll 1:t~vo~cable~ Living ~°rtast dated July ~1, 1sr32, as amended, to a~~ }caa~wn to be the pets®n d~scsibeci ;Gay and +~ho executed the fotceg®ir~g instxusnent, aid ac&cn®~aledgsd that he ~xecutee~ she same as his free act aa~d deed as such Tx°aasta~. Notary Public, Star of &ia~a2t.I~.. My c~ram5.s~aon axgiras:~~~19'~ ~ . S. STAT£ vF` ~a~w~?rx ~ ) s~: CO[7NTY OF HAWAII ) ~n this day of ~CC n ~t a 1991, before me pessona~.~.y apg~eared RQ1~ERfi IC. GR1rEN6J$LL, CO-Tx'ustea of that Ce~tz~in A~.ice EvYai~.y ~reerawell Hevocskale Living fircast dated July l9$2, as ~a~esaded, tQ ma }craown to be the person described in aaaci ~aho +sxecuted the fe~x'egoing ins~rumaazt, anc~ acknowledged tkaat he eatecuted -che .sage as his frame act seed dead as such Trtaste~. ~ ~ Notary Public, State f Hawaii. i My commission expires:~~~°~ , 5 _ Oct-19-O1 14:34 Froa--CARLS' +18083299450 T-036 P.12/22 ~-531 EXHIBIT A Parcel A AlI of that certain pcopert:y (being a portion of Royal Patent Number 6a5S, Land-Commission Award Number 9971, Apdna 9 to W. P. I.eleiohoku (Certil:icate of J3oundaries too. 2?)J situate at Honokohau ?nd, District of Borth bona, Island, Country and State of Hawaii, containing an area of 27,131 acres, more or less, and thus bounded and described as per survey of Haruo Shigeoka, Registered Professional Land Surveyor, dated September 4, 1987, as t'olio~is: Beginning at a 3~q inch pipe in concrete at the Soucheast corner q>: this parcel oP land and on che'"boundary of Iionokohau 2nd and Papaa};ol:o, the coordinates of said point of beginning referred to Government Survey firiangulation Station 'MCJANUTAIiEA' being 20,676,59 fee: South and 3,827.62 Feet 4~Jest znd running by azimuths measurers elocksaise from 'True South: 1. 72° 57' S6• 30.08 Feet along Gran;. 3556 to George McDougall to a with coner~te lei; 2. 7a• 03' 31" 117q.O7 feet along Grant 3;5b to Ceorge Mc®ougali; 3. 164. 03' 31" 161.20 feet along R. P. 7766, L_ C. Asa 7890 to Kukona; 7S• Q3' 31- 111.37 Peet along R. 7706, L.. C. Asa 7990 to KuF:ona ; S. 15;° 35' 343.51 `eet along [he remainder of F. P. 6855, i.. C. As.+. 9971, ~pana 4 to W. P, l.eleioho~:u (Ceccificate of BoundariEs No. ?7); Oct-10-01 14:34 Froze"CARLS~ +19083296430 T-036 P.13122 F-331 • ' 6. ?5. 30' 45" 11.59 feet along the temainder of R. P. 6855, C. Aw. 9971, ' Apana 9 co W, P. I,eleiohoku . (Certificate aE Bounoaries No. 27); 7. Thence along the remainder of R, 68SS, L. C. Aw. 9971, Apana 9 to 6~1. P, Leleiohoku on a curve to the left with a radius of Z7Q.oO feet, the chord azimuth and distance 17eing: • 62° 2q' 1'S" 122.41 feet; 8. I39. 17' 95" 6O.QQ feet aloRq the remaindec of • R. P. 6855, L.. C. Aw. 9971, Apana 9 to W. P. Leleiohoku (Cert:iEicate of 9oundaries tJo. 27); 9. Thence along I.ot 4 of ^Honokohau 2nd Subdivision' on a curve to the right with a radius oP ~3O.Q0 feet, the chord azimuth and distance being: zaz° z4. 15" la9.o8 Eeet; 10. 1.54' 35' 471.36 feet along Lots 9 and >3 of "fionokohau 2nd Subdivision'; 11. 268° 09' 45" 396.TS tact along R. P. 7587, L,. C. Ali. 11226, Apana 36 to M. Kekauottohi (~ertiPicate of Boundaries No. 138) to a 3/9 inch pipe in concrete marked 1~ V; 22. 238" ofi' 15' 308.36 feet along R. P. 5297, L. C. Aw 7490 to Polapola to a 3/a inch pipe in concrete marked ~ Iv; 13. 213° 13' 15" 74.13 Peet along R. P. 5247, L,. C. Aaa 7490 co Polapola to a 3/4 ir:ch pipe in concrete marked SrI; ZS. 336. 46' S5" 13b.69 feet along L. C. .;w. 8219 to Ikeiki to a 3~4 inch pipe in concrete; Oct-ID-O1 14:35 From"CARLSI +18083288450 T-036 P. 14/21 F"531 ti 15. 249° lo• 4S' 639.64 Feet along I.. C. Aw. 821B to ~Ikeiki to a 3/4 inch pipe in concrete; i6. 15q° 08' 45' 152,23 feet along I.. C. Air. 8218 to Ikeiki to a 3/~t~ inch pipe in concrete; 17. 2b4° 29' 15" 35.b6 feet along R. P. 7587, I.. C. Aw. 11216, Agana 16 to M, Kekauonohi {Certificate of Boundaries No. 138) to a 3/q inch pipe in concrete marked 18. 334' 08' 45" 236.?1 feec along Grant 3022, Apana 1 to l:alua to a 3/4 inch pipe in concrete; 19. 336. 55' 45" 2I1.69 feet along R. F. 5230, I... C. Aw 7870 to KaPnohai to a 3~4 inch pipe in c®ncrete; 2D. 337° 18' D5" 310.55 feet along the remainder of R. P. 6855, I.. C. Ada. 9971, Apana 9 to bd. P. 14el~iohoku (Certificate of boundaries No. 2?) to a 3/4 inch pipe in conc~cete; 21. 345° I2' 35" 149.38 feet along the ~ecnainder of R. P. 6$55, 1~. C, A4a. 9971, A_pana 9 to W. P. I.eleiah®ke~ (Certificate of boundaries No. 27) to a 3/4 inch pipe in concrete; 23. 3q9° lq' 24" 133.64 feet along the remainder of R. P. 6855, h. C. Aca. 9971, Apana 9 to W. i'. L.eleiohoku (C~rti>*icate of boundaries No. 27) to the point of beginning and concaining an Area of 27.131 Acres . Oct-10-01 14:35 Prop°CARLS? +180832!18450 T-038 P.15J21 F-531 ti SU9J~CT, tiOW~V£R, to all existing encumbrances, including, but: not limited t:o, Basement: "A' (6A ft. wick) for r®adway at~d utility purposes, more particularly described as follows: 1. 75. 3t)• 45' 1372,62 Feet along the remainder of R. P. 6655, I,. C. Adr. 9971, Apana 9 t:o W. P. i.eleiohoku (raerci!`icake of Boundaries No. 27); 2. Thence along the remainder of R. P. b8S5, L, C. Aw 9971, Apana 9 to W. P. I.eleiohoku (Certificate of »oundaries No. 27) oA a curve to the - left caith a radius cz 27[7.00 £eet:, the chord azimuth and distance being: 62° 24' 15" 122,47 feet;; 3. L39° 17' 45` 64.00 feet along the remainder or R. P. 6855, I.. C. Aw. 9971, Apana 4 to W. P. T,eleiohokta {Certiticate of »oundaries No. 27); 4. Thence along Lot 9 of "Nonokohau 2nd Subdivision" on a curve to the right with a radius of 330.00 Feet, the chord Szim?ath and distance tieing 29?° z4' 15" 149.58 feet; 5. 255° 30' 45' 1363.46 feet along cha remainder of 2. P. 6655, L. C. AN. 9971, ;,pana 9 to W. P. Leleiohoku (Certificate of 9oundaries No. 27); o. 337° 1$' 05" b0.6? Feet: along the remainder o~ R. P. 6655, L. C. Aw. 9971, Apana 9 to W. P. I.el~iohoF:u (Cercizicat:e of Boun~Iari2s tto. 27} to the point of beginning and containing do Area of 2_o7a Acres. Oct-19-01 14:35 Froa-CARLSN +18063298450 T-036 P.16122 F-531 Parcel ~ (Roadway) All of that pertain property (being a portion of Royal Patent Number 6855, hand Commission Award Number 9971, Agana 9 to 6d. P. 1.eilei°hoku (CeGtfieate of Boundaries No. 27)j Situate at Nonakohau 2nd, Diskrict o~ North ~:ona, Island, County and State aP HaUaii, containing an area of 0.933 acres, more or less, being Further identified as I.O'Y° Nupi9>rR IZ of the "HONOKOHAU 2ND SuaDIvISION". and thus bounded and descritaed as per sNrvey of Haruo ShigeaKa, Registered PrDFessional land Surveyor, dated September 4, 1987, as follows: l3eginninq at the Northwest corner of this parcel of land, on the South boundary of R. P. 5?31, L.. C. Au. 7396 to >•:ekipi and on the 1~ast:erly side of Marnalahaa Highway, the • coardinat:es o>: said point of beginning re~err~d to Government Survey firiangulation Station 'MQANUTA~i)=A" being 21,068.32 >:eet South and 5,937.1? feet West and running by azimuths measured clockwise Erom True Sauch: 1. 299° 91' 45" 143.14 feet along R. P. 5231, C. Aw. 7396 co Kekipi; Z. 233. 56' 45' - 6q_IQ feet along R. P. 5231, L,. C. Aw. 7396 to tiel:ipi ; 3. ?29° 17' 45" a63.~8 feet along R. P, 5331, I.. C. Aw. 7390 Co Kef:iQi and hots 3, 11 and 9 of "i-ionokohad 2nd Subdivision"; Oct-19-01 14:35 From-CARLSM +18083299450 T-036 P.IT/22 F-531 4. 3I9° 17' 45" 60.00 Emmet along the remainder of R. P. 6855, C. Aw. 9471, Apana 9 to W.- P. Leleiohoku (Certificate of Boundaries No. 27); 5, qg• 17~ q5- 466.22 Feet along Lots to-A, 2 and 1 of "Honokoriau 2nd Subdivision"; 6, 53° 56' 45' 7x.84 Feet along Lot I of "Honokattau 2nd Sul~divisian'; 7, 69° 41' 45" 84,x3 feet along Lot I of "Honokohau 2nd Subdivision"; 8. Thence along Lot 1 of '):ionokohau. end Subdivision' on a curve to the lef c with a rddius of 30,00 feet, the . chord $zimuth and distance being.. 13° 52' 45" 99.63 Feet; 9. 138. 03' 45" lOB.72 feet along the Easterly side of Mamalahoa Highway to the point of beginning and containing an Area of 0.933 Acres. RESERVING, HOwEiIER, unto the Grantors a nonexclusive, perpetual easement far roadway and utility pur~?oses to be used in common with the Grantee, his heirs and assigns and others rightiuliy entitled thereto, on, over, under and across the parcel of land hereina~ove described. (Lot lz), t:o be appurtenant to that certain parcel of land owned by the Grantncs, being identified as ?arcel 39 shown on Tax~rSap of the County oc Hawaii, Zone 7, Section 4, Plat 6, and containing an area of 1.08 acres, mare oc less. Oct-19-O1 14:35 from-CARLSI +16063296450 T-036 P.16/22 1:®531 SUBJECT, F301~v~R, to ail existing encumbrances, including, but n®t limited to, khe follo~rinq: 7,. ~onEirmation of Crant of Easement, dated Match 1B, 1983, by and k~etween f.. Radc2iEEe Greenwell and .lames M. Gceenwell, Trustees, as grantor, and !?aul KahAU Kai, as grantee, for roadway and utility puxgoses over Loc 12, recorded in the Bureau in Liber 16974, Page 252. 2. Confirmation of Grant of >=asement, dated March la, 19t3~, by and betwv~n I,. Radcliffe Gce~nraell and James M. Green~aell, Trustees, as grantor, and victoria Kanekapolei Kai, as grantee, £oc roadway and utility purposes over I.oc 13, recorded in the Bureau in l.ibec 16970, Page 259. 3. Grant of basement and Bill of Sale, fisted March Z2, 7.985, by and between James Dt. Greenwell and L. Radcliffe Green+~eli, firuscees, as grantor, and the Nacer Corr<mission of the County of Hawaii, as grantee, cor water system purposes over ~.at 12, recorded in the Bureau in Liber 18611, Page a2~. A nonexclusive, perpetual easement for road~?ay and utility Qurposes described in Eschange~Aeed, dated t7ovember 19, 1979, executed by Herbert A. Kai and Lanihau, recorded in the Bureau in Liber 14187, Page 66. TO FOitt'~ APPROVED iT Oct-18-01 14:36 Fro~ARLSb. +19083298450 T-036 P.19/22 F-631 _ ~ ~ ~ ~ ~ ~ ~ ~ i ^ ~ ~ ~ w ~ l4 o yyy 8 H ~Y 1 a~ ` ~ ~ ~ Q n ~ ro, R\ ~ 7 ~s ~ ..~M it ~.~~f 1 ~ ~ ~ ~ ~ ~ 9'.• r ~ n !A , 611 - ! l~ `e9 ~ t~ - Rl ~ ~ a v; f ` dr . / RIB o~ 5a ~lli' tp ~ ~ ~ ~ o Q ~ w` r ~ ~ Kul -ti'®• ~ j ~°i~°s•'V"~ r ~ f ' n ~ ~ y~ C ~ t4 , ~ t' ~ i ® u1 OU ~ f ~ f1 a U' 1~~~ 4~ l4 0 ttd U \ ~ _ ~ ~ Oct-19-01 14:36 Prop-CARLS6 +18063299450 T°036 P.20/22 ~-531 ~ 1 r ~ y J $O ` ~A e~gq+a j Y `3 y ~1 I~ ~ 1a•- a ~''o n L ~ ~ e~' ~ ~ ~ ~ ~ 1s e ~ ~ t ! " 'y ~~"L\ B ~ p ~i ~ : ~ ~ ~ • p I < } ~ q !1 Cf t ~ l , i p 0 vt 4 tt ~ ~ R ~ • O ~ ~ i j r 1 ] ~ Y' ' 7 v ®Q p• 1 ~ a f /i o+ .J4 ~ . ~ .i a e - ~ ~f K : ~ `w 4 , @ i r ti 0 4~ ,2 t~' 41~ _ _[~o t.il I Q _ A p~7~~ ~ S• PO Z• I i a M ~ ~i = ^'f~ ; ti ~j~~ h ~ _ J ! f I e7 0 { ~ Y~ l r r ty O ~ - 2 w ' ~f ~ .~'a. n 2 Y k ~ t Y 1a y 0 1 ~ .Q ~ ? i ~ ~ r ~ ` ; O `'o ~ • r b Z ~ a a~ ~ a ti G ~ ~ 7 ~ J ! ~ r ~ f t o ~ ~ ~ ~jrY ~ ~ f Y :L ~ / M •I// ~ ~ V '1C rvay ~ QD n N Q? "O s~0 ~-y~ • t t z,4 : ' i.r. ~ r a ~Sv= S a +yd~~7 ~ _._._c._.." ~a~,~.I ~,.~-~~-ul 14:36 Fro~CARLSA +18083188460 T-038 P. 11/12 F•g3J ~ ~ ~ ~ s ~ ~ it Q, • . M , LY ~ ~ l t "sue'` . ~ ~ ~5,- ~ ~ & w ~ v ~ ~ ~ r ~ ~ r y ~ c5' ~ ~r ~ ~ ~ l ~~o~~ .y ~ y 1 ti N 1 o~ `j a ~ °g~ r ~ ~ ~ 1, ~ ~ t ~ ~ l ~ i ` ~ ~ 1 ..b~ i ~ / 1, ~ ~ ~ ~ r 1 j Oct-19-01 14:36 Frog-CARLSA +180832D8460 T-036 P.22/22 F-531 o _ - ' ~ ~ A~ ~ ~ - ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ v ~ o m ~ ~ a ~ 1 ~ ~ ~ ® ~ ~ ~ ~ ct~ 1 Is°+~ Pkl~) 1 ~ ~ . ® ~ ~ ~ ~ ~ ~ ~ ~ , n ~ cam, r~ m ~ ~C~C~C~~~K~~~C~C~C~C~~~K~C~K~~~~~~~~~~~~K~'~ ~~K%K~K~KX~(~K~C~C~C~C~K~C~C~K%K~~~~KX~K~K~K~K~~~C~KX~ '~~~C~~X~K~K~~K~~~C~K~K~K~K~C~K~KY~K~C~~C~K~X~KYY~ ~ ~ ~c TRANSACTION REPORT ~ ~c OCT-19-2001 FRI 02;36 PM ~ ~ ~ ~ FOR ~ ~ ~ ~ RECEIVE ~ ~c ~ ~ DATE START SENDER PAGES TIME NOTE M# ~ ~ ~ ~ OCT-19 02.31 PM +16083299450 22 5'28" OK ~ ~ ~ ~~~c~c~c~c~~~c~~~~~~~c~c~~c~~~~~~~~~~c~c~c~c~~~~~~x~~~~~~~~~~~~~c~c~~c~~~~~~~~~c~c~~K~~~~~~~~~~~~~~~~c~c~~~~~c~~~~~~~~c~~c~ Oct-28-O1 14:06 FromaCARISI. +18083198450 T-085 P.OZ/03 F-888 C~R.I~SMi7~i BALL LLP A UM17'EG LIAkS141Ty LA wi PARI NERSHIY 75-I000 HENRY STREET, SufTE 209 P O. Box 1720 KAIt uA-KQNA, HA WAIT ')d74S-i71U TELEPHONE (SOB) 329•o4b4 FAX (808) 329.9450 W W W.CARlaM1TN.COM October 26, 2001 Mrs. CreraIdine M. Giffin, Chairperson County of ]F€a~aii Piing Cossioal Mr. Chaastopheg J. Yue~a, Pla~iaa~ I]uectar County of f-Iawaii Planning I)eparngl~t 25 Actput~i Street Milo, ~Iawaii 96720 tt1"Y°I~N'Y'i®lel: S11St11°1 ~A~O.I~ l1epxreruetat o#"Wxter Supply ldientoraaaduae dated October ZS, 2401 A}.'PI~ICA'Ti®N FOB C~iNOE ®F ZONE Appliea~at: Robert E;elShaw Oree~eaweR ~.ge~at: $obert T`riant®s9 Esq., Carlsaanatb fall d.LP Owners: Ztobe~ l~elsbavv lGreetaave>! ~ L~esa EUeae I.,aanbert RequexY: Chaara~l` o>FZone 4~oian r~gracacl><ura! 2Q-acre (r!-20a~) to Fatraily Agriculture 1-acre (FA-laj to xtloov the development of an 7..3 to: ta~tnily €tgracultural subdivisioaa. 'T x ~ ~C, ey: 7-4-0: dBQb bear Cbait~erson Giffin ~ lam- Yuen: We have enclosed>tJte Applicant's respoa~se to the above-referenced issue as requestcd: nuMhu~u - KnrWei ~ rywU - KUrvn - rnnui - C.4ntn 3n inn - Lv~ MrCuU ~ WnfnwvGTOly, DC ~ MlXiCO Oct-Z6°O1 14:08 Frot~°CARLSII +18063268450 T-095 P.03/03 F-68A Mrs. Geraldine M_ Cai~'in, Chairperson Mr. Christopher 1. Yuen, Planning i~ireceor Oc[ober 26, 2001 Pale 2 Thank yoga for your patience and cooperation on this inciter. We understand that the I~eparlanaent of Water Supply lass faxed a copy of their revised naeraaoraradann to you for the above-referenced application. Based on their revised coanancnts, axed on behalf of the Applicant, ~a?c would appreciate the Planaaixa~ Depa~raent's consideration in forwarding a reconanaendaiion of approval to the Planniaa~; Connraaission, to include a coaaditi®n that would be address flee Aeparat[aent of Water Supply's revised rraerraorandurn, as follovds:. Condition No °'Un~t~ f 1' L ~~.a r calved ~noroval oft a Water e r~ e oar a h wis a~~1ic~teora o a th~~ 7 ots Upon securest the aonr val of th Warter e ~ VV r re uir r off Su e ~ ~i iec or u ~~s fg[T tla~r®o edl sdiv' i®r~ „ Thank you for your assistance and consideration on this naatBer_ Should you have a.ny questions, please call rear. very trebly yours, Robert D. Tr~antos 1tDq':rhy i0S49111 ~ _ _ CARLSMITH BALL LLP A LIMITED LIA81LITy LAW PARTNERSHIP r. - L 121 WAIANUENUE AVENUE P.O. Box 6s6 F•IILO, F~AWAII 96721-0686 TELEPHONE (808) 935-6644 FAX (808) 935-7975 W W W.CARLSMITH.COM E-MAIL SI.IM~a CARLSMITH.COM November 21, 2001 Christopher J. Yuen Planning Director 25 Aupuni Street Hilo, Hawaii 96720 Re: Applicant: Robert Kelshaw Greenwell Request: Change of Zone from Agriculture 20-acre to Family Agriculture 1-acre TMK: (3) 7-4-06:06 Dear Mr. Yuen: This letter responds to your request for clarification as to the ownership of the Old Mauka Government Road ("roadway") within the subject parcel. The short answer: Robert Kelshaw Greenwell and Lou Ellen Lambert, the applicants in this change of zone request, are the owners of the former Old Mauka Government Road. The Applicant acquired title to TMK: 7-4-06:06 (the "Property") by Warranty Deed ("Greenwell Deed") recorded in the Bureau of Conveyances on February 12, 1991, as Document No. 91-019027 (Exhibit 1). It is my understanding that all documentation referenced herein can be found in the records and files of the Planning Department. I am enclosing copies for easy reference. As evidenced below, the Applicant is the fee owner of the portion of the Old Mauka Government Road which formerly ran through the Property. On December 22, 1976, Judgment of Partition was filed in Lanihau Corporation v. K.M. Young & Associates. Inc., Civil No. 2810, Circuit Court of the Third Circuit (Exhibit 2, relevant pages only). This partition action determined that Parcels I and II were owned by Lanihau Corporation. The metes and bounds description clearly recites the inclusion of the roadway with the Parcels (Exhibit A, p. 3, no. 27 to the Judgment). Subdivision No. 4031 was approved by the Planning Department on January 4, 1978. The metes and bounds noted on the final subdivision map clearly designates the inclusion of the roadway pursuant to the Judgment of Partition. : HONOLULU KAPOLEI ~ HILO ~ KONA ~ MAUI ~ GUAM SAIPAN LOS .ANGELES WASHINGTON, D.C. MExlco Christopher J. Yuen November 21, 2001 Page 2 Subdivision No. 4374 was approved by the Planning Department on October 15, 1979. The metes and bounds noted on the final subdivision map (Lot 10 and the roadway) is identical to the proposed subdivision metes and bounds (Exhibit 3) and the metes and bounds description in which title to the property is vested in the Applicant (Exhibit 1). Subsequently, Subdivision No. 4654 was approved by the Planning Department on June 26, 1981. Again, the metes and bounds noted on the final subdivision map (Lot 10-B and the roadway) is identical to the proposed subdivision metes and bounds (Exhibit 3) and the metes and bounds description in which title to the property is vested in the Applicant (Exhibit 1). By Exchange Deed recorded in the Bureau of Conveyances on September 14, 1981, in Liber 15813, Page 758, Lanihau Corporation conveyed Lot 10-B and Parcel I to Palani Land Trust II (Exhibit 4, relevant pages only). Thereafter, the Property was conveyed to Robert and Alice Greenwell by Deed on December 22, 1987 (Exhibit 5), who conveyed same to the Applicant by Warranty Deed (Exhibit 1). Based on the above, it is clear that the ownership of the Old Mauka Government Road has been adjudicated by the Circuit Court of the Third Circuit, and the present Property configuration is recognized as approved through three separate subdivision actions by the Planning Department. Very truly yours, STEVEN S. C~~LI S SL: KYL 2017774.1.024604-00004 xc w/enclosures: Robert Kelshaw Greenwell Robert D. Triantos, Esq. ^ NPw°01-01 10.07 From-CARLSIIII. +1908319945b T-148 P.O1/12 F-800 OR1G9tdl?t O~ . V FF"Of.D~D AS FOL44k1/j~ r1AWAli U OF ~ONVEYANe~S ,,F LAND COURT SYSTE~"d REGULAR SYSTEIM Feturn by P7aa.l ( ~ ) Pickup ( ) T®: e NAKAldS®TO, Y®SHIOKA & OKAMOTO At°~orneys A~ Law 187 Kaga3.®lan.i arrest H1.~.o, I~a~aaii 96720 TITLE OF` DOCiJMI~NT: GIARRANTY DEl?D PARTIES TO.~ O®C[J1uiENT Grant®x's: R®13ERT FRANCIS GiZEENWELL, as firrastee of That certa~.n R®bert Francis Greenwell Revocable Living Trust, dated ~°ebruary 23, 1.982, as amended; and FRANFC R. GREENln1EL.1:. and R0131wF2T K. G)2EEN6dELL, as C®-Trustees a~ That certa~.n Alice Emily Greenwell Revocable Living Truaz dated July 21, 1962, as amanc)ea. Grantees : ROE1?RT K1 LSHAGD GREENWELL and LOU ELLEN LAMEERT, husband and wife PROPERTY I]ESCRIPTION: LIBER/PAGE: a) All of That certain pr®perzy IaOCUMENT NO.: satuate at Hon®k®hau 2nd, TRANSFER CERTIFICATE OF Ui.stri~ct of North Kona, Island, T1TL1~ NO(S) . C®unty and Stare of Hawaii, containa.ng an area Of 27.131 acres , rn®re ax° less . ! 1 EXI-IIBI~` 1 M;:v-O1-O1 10:07 From-CARLSMITN +18083299450 T-148 P.02112 F-800 b) All gf that certa~.n property sittaate at HoYlok®hau 2nd, >a3.strict of N®rth K®Y3a, Islarsd, County and Stara of Hawaii, containing an area caf 0.933 acres, mo:ee or less, being further identified as I~ot No. 12 of the "H®n®kohata 2nd Subidivis.~on'' . ( R®adway ) Affects : TN1K ( Ord ) 7-4-f -6 6dARR~.NZ'Y DEED KN®W ALId MEN HY THESE PRESENTS: That R®DERT FRANCIS GR>tENWELL, whose residence is ®xY Ivlama~.ahoa Highway at Honokohau 1st, Nr~rth Kona, Hawaii, and whose ensiling address is P_ 13ox 1718, Ka~.lua-Kona, Hawaii 96745, as Trustee of that certain R®bert Francis Greenwe~.]. Rev®cable i.iving Trust, dated February 23, .1982, as amended, and FRANK R. GREEN6dEI.L, wh®se residence and mailing address is 2519 Aha Aina Place, Honolulu, Hawaii 96821, and R®>8ER'Y` K. GREENWELL, whose resid®xice address is 73-88Q #4 Kupaloke Street, Kailua-Kona, Hawaii 96745, as Co®Trustees of that certaa.n Alice Emily Greenwell Revocable Living Trust dazed July 21, 1.982, as amended, hereinafter called the Grantors, for and in consideration of the sum ®f TEN D®LLARS (510.®0) and ether valuable consideration to them in hand peed by R®EERfi KELSHA4it GFtEEN6n1ELL and LaU ELLEN LAMHERT, husband and wife, whose residence address is 73-880 ~4 Kupal®ke Street, Kailua-Kona, Hawaii 9674®, and whose mailing address is F~. O. Hox 1779, Kailua-Kona, Hawaii 96745, hereinafter called the Grantees, the receipt whereof is hereby acknowledged, have sold 2 Nov-Oi-O1 10:07 From-CARLS~IITH +18083198450 T-148 P.03/11 F-800 and by these presents d® hereby bargain, sell, assign, convey and transfer unto the said Grantees, as tenants by the entirety with right of suY'vS.v®rsh~.p, all of the property described in 1=xhibit A attached hereto and by reference made a part hereof. ~'®GETHER, with all and singular the improvements, tenements, rights, easements, privileges, heredi.taments and appurtenances theretant® bel.oraging, or in anywise appertaining, and the reversion grad reversi®ns, remaa.nder and rema~.nders, rents, issues and profits thereof. To H~v~ p?AtD To x®lal~ the same ante the said Grantees, as tenants by the entirety, t® the survivor of them, and to such survivor's heirs and assigns, f®rever. And the .said Grant®rs do hereby c®venant to and with the said Grantees, their heirs and assigns, that they are se.i~ed ire fee of the said granted premises; that they have g®od right and lawful authority to sel.]. and c®nvey thB same; that 'Che same is free and clear of encumbrance of every kind and characrer, save and excegt as rooted on said Exhibit; and that they will and their successors and assigns shall. WARRANT ar~d DEFEND the title thereto against the lawful claims ®f alb persons whomsoever. IN F1I~NE~~ WH>`RE®F, the said Grantors have hereunto executed these presents ore this ~ day of ~ ~ 1991. OBERT FRA C]CS G N4J LS., Trustee under that carte Robert F~cancis Greenwell Revocable Living Trust dated February 23, 1982, as amended 3 h~v-O1-O1 10:07 Froa~-CARLSf~11T~, +1908329945 T-148 P.04/12 F-800 ~~J C.- Z..s..~ 4 FRAN GRH NWl~YrL RO>3 REEN&JELI, Co-Trustees o£' that certain Alice Emily Greenwell Revocable la~.ving Trust dated July 21, 19 62 , as amended STATE CF HAWAII ) SS: COUNTY ®F HAWAII ) ®n °~his day o£' ~D~ k R 1991., before me personally appeared R®HERT FRANCIS GREENTrei LI., Trustee o£ the R®bert Francis Greenwell. Revocable &iving Trust dated February 23, 192, as amended, to me k8,owxa to be the pets®n described in arbd t~ho eacecu'~e~ the Foreg®i~g a.nstrument, and acknowledged that he executed the same as his free act and deed as such Trustee. Notary F~ublic, State ®f Hawaii_ My commissi®n expires: ~ - S. 4 Nov-O1-O1 10:08 From°CARLSI~ITh +18083299450 T-148 P.05/12 F°900 STATE flF ~BAWAII ) SS: CITY ANIJ C®i1NT5C ®F° K®N®I,UL.U ) ®r~ this day J R ~ u a .1991, bei®re ate pars®nal~.y appeared FRANK R. CR>rENIaIELL, Co- rustee of than certain Alice Emi~.y Creenwel~. Rev®caYale La.vinc~ Trust dated ,IUly 21, 19A2, as amend+sd, to me known to be the pass®n described in and ~aho eacectated the foreg®~.tag instrucnen~, and ac3snowled~ed that he executed the same as his fz'ee act acid deed as such Trustee. Notary Public, Star of Hawaii. My c®rnmissi~pn expires : 'mil . STATF~ CF HATn1AIl ) SS: COUNTY ®F HA1dAII ) ®n this ~ ~ day ..1~ n r~ ~ ].99.1, before me pars®nally appeared R®RERT K. GREENWELL, Co-Trustee of that certain Alice Emily Greenwel.l. Revocable Living Trust datedd duly 21, 1.982, as amended, to me kn®wn to Yee the parson described in asad wh® executed the foregoi.og instrument, and ackn®~aledged that Yee executed the same as his free act and e3esd as such Trustee. Notary Fublic, State t Hawaii. i lbly commission easpires : ~ S~q`~ - .S , 5 ' l~~+v-O1°O1 lO:OH Frog°CARLSMITn +1808329845L T-148 P.06/12 F-800 Parma All of that certain property [being a portion of Royal Patent Number 6855, i,and.Commission Award Number 99'1, .Agana 9 to W. P. I.eleiohoku (Certificate of Boundaries too. 27)~ situate at Honokohau ?nd, ®istrict of north Kona, Island, County and SCate of Hawaii, containing an area of 27.131 acres, more or less, and thus bounded and described as per survey of tiaruo Shigeoka, Registered Professional Land Surveyor, c]ated September 9, 1987, as follows: $eginninc3 at a 3~a inch pipe in concrete at the Southeast c®rner of phis parcel. of land and on the ^boundary oz Iianokohau znd and Papaakoltio, the coordinates oz said point of beginning referred to Government Survey °I'riangulation Station 'I-i®P.NUTAH~'A- being ?0, 676.59 feet .South and 3,827.62 feet West and running by azimuths measured clocks-rise Fr®m True South: 1. 72° 57' S6" 30.08 feet along Grant 356 to George McDougall to a with concrete lei; 2. 7~° 03' 31' 1174.07 feet along Grant 3;56 to George P1CDoug a i 1 ; 3. 16;° Q3' 31' 161.20 feet along R. P. 7766, L.. C. Aga 789Q to Kukona; 79° 03' 31' 111.?7 feet along R. 7766, 1•... C. Aster 7890 to fiukona; 5. 155° 35' 343.51 ~eet along the remainder of R. P. 6855, T... C. Aw. 9971, Apana 4 to Fd. P. Leleionokta (Certicicate of 3oundaries ' No. 37); Nov-O1-O1 1D:00 Fr®~-CARLSNITh +18083299456 T-148 P.O7/12 F-800 6, 75. 3D' q5" 11.59 feeC along the remainder of ' R. P. 6855, I.. C. Au. 9971, ' Apana 9 co `a. P. l.eleiohoku (Certificate of Boundaries No. 27); 7. Whence along the remainder of R. 6855, L. C. Aga. 9971, Apana 9 co W. P. Lel@iohok~i on a curve to the left Frith a radius of 270.00 feet, the chord azimuth and distance being; 62° 2q' 1'S" 122.47 feet; g. 139° 17' 45" 60.00 feet along the remainder of . R. P. 6855, L,. C. Aca. 9971, Apana 9 to 6d. 1?. t,eleiohoku (Certificate of foundaries N®. 37); 9. Thence along Lot 9 of 'Konokohau 2nd Subdivision" on a curve to the right with a _ ~ radius of 33D.oa feet, the chord. azimuth and distance being: 24?0 24' 15' 149.68 feet; 10. 154° 35' ~ 871.36 feet along Tots 9 and ~ of 'Honokohau 2nd Subdivision"; 11. 268° 09. 45' 396.75 feet along A. P. 7587, L. C. Aw. 11216, Apana 3b to M. Kekauonohi (Certificate of Boundaries No. 138) to a 3/9 inch pipe in concrete marked Ii< v; 12. 338° 06' 15' 308.36 Feet along R. P. 5247, C. Acr 7990 t® Polapola to a 3/3 inch pipe in concrete matked ~ IV; 13. 213° 13' 15' 70.13 feet along A. P. 527, L. C. Ata 7590 co Polapola to a 3/9 inch flips =n concrete marked ~ IIY; 15. 338° 36' S5' 136.89 feet along I.. C. F•cr. 8218 to Ikeiki to a 3/3 inch pipe in concrete; _ _ _ N.ov-Oi-01 10:08 Frog-C~RLS~IITh +19083299456 T-148 P.08/12 ~-800 15. 249° 10' 45' 6x9.64 feet along L. C. Ae~1. 8318 t® Ikeiki to a 3/4 inch pipe in concrete; 16. 154° 08' 95" 152.23 feec along L. C, Aa?. 8?18 to Ikeiki t® a 3/4~inch pipe in eoncrete; 17. 264° 29' 15" 35.66 Feet along R. P. 7587, L,. C. Aw, 1121, Apana~36 to M, • Kekauonohi (Certificate ®f Boundaries No. 138) co a 3/q inch pipe in concrete marked V ; 18. 334° OB' 45" Z36.?i feet al®ng Granc 3022, Apana 1 to Kalua to a 3/4 inch pipe in concrete; 19. 336° 55' 45- 211.64 Eeet along R_ P. 5230, L. C. A,~r 7870 to Kamohai to a 3/q inch pipe in concrete; 30, 337° 18' 05" 31Q.55 feet along the remainder of R. F~. 6855, L. C. A6a, 99?1, Apana 9 to W. P. Leleivhoku (Certificate ®f boundaries No. 21) t® a 3/4 inch gips in concrete; 21. 395° 12' 35" 149.35 feet along the remainder o>; R. P, 6855, I.. C. Aca, 99`71, Apana 9 to W. P. Leleiahoku (Certificate of boundaries No. 27) co a 3/4 inch pipe in concrete; 22. 349° 14' ZO" 133.68 feet along the remainder of R. P. 6$S5, 1.'. C. Aga. 9972, Apana ~ to W. P. I.elei®hoku (Certificate of boundaries No. 27) to the-point ®f ka~ginning and containing an F,rea of 37. 1.31 Acres . i I~~ov-01-O1 10:09 Fr®m-CARLStaIITh +19033299451, T-149 P.09/12 F-800 _ ~ i ~ , SUOJEC'r, NCWEVER, to all existing encumbrances, including, but not limited to, Easement -A' (6Q fc. Hide) for roadway and utility purposes, mote particularly described as Follows: 1. 75° 30' 45' 1372.6 Eeet along the remainder of R. P. 6855, L. C. Au. 9971, Apana 9 to W. P. Leleiohoku (Certificate of boundaries No. 27); 2, °Thence along the remainder of R. P. 6855, )r,. C. Aga 9971, Apana 9 to W. P. Leleiohoku (Certificate >3o~andarie_ _ No. 2?) on a curve to the Ieft with a radius of 270.00 Eeet~, the chord azimuth and distance being: 6Z° 29' 15" 122.97 Feet; 3. 139° 17' 45, 6Q.00 feet along the remainder of R. P. 6855, I,. C. As,r. 9971, Apana 9 co W. P. Leleiohoku (Certicicate of Boundaries No. 27); 4. Thenee along Lot 9 oP "Honokoha~r 2nd Subdivision' ®n a curve t® the right with a radius of 330.00 feet, the chord azimuth and distance being: ?9?° z9' 15' 159.68 feet; 5. 255° 30' 95" 1363.96 feet along the remainder of • R. P. 6855. I.. C. Ate. 9971, Apana 9 to W'. P. Leleiohoku (Certificate of boundaries No, 27); 6. 337° 18' 05" 60.63 feet along the remainder o~ R. P. 6855, L. C. Aw. 9971, Apana 9 to tia. P. Leleioho~:u (Certificate of 6ounglaci@s too. 27) to the point of beginning and containing an Area of 2.p7a Acres, kov-0l-Oi 10:09 From-CARLSNITN +18083199450 T-i4B P.iO/i1 F-900 Parcel B (Roadway) All of thaC certain property [being a portion of Royal Patenk Number 6855, Land Commission Auard Number 9971, Apana 9 co 6J. P. L,eileiohoku (CertEicate of Boundaries No. 27)~ situate at H®nokohau 2nd, District of Notch Kona, Island, County and State of Hawaii, containing an area of 0.933 acres, mote or less, being Further identified as i.OT tJU~1BBR 12 of the "liONOKaHAU 3ND SU8®IVISION' , and thus bounded and ciescritied as per survey oP Haruo Shigeoka, Registered Professional i.and Surveyor, dated Se~Cember 9, 198?, as ~ollous: Beginning ac the Northwest cornet of this parcel of land, on the South boundary of R. P. 5331, L.. C. Au. 7396 to Kekipi and on the easterly side of Mamalahoa Highway, the eo®rdinates of said. point of beginning referred to Government Survey Triangulation Station "MOANUTAHI~A" being 21,068.32 feet South and 5,937.17 Eeec West and running by azimuths measured clockwise f~'oen True South: 1. 249° 41' 45" 1x3.10 feet along R. P. SZ31, L_ C. Aw. 7396 Co hekipi•; 2. 233° 56' 35" 64.10 feet along R. P. SZ31, L. C. Air. 7395 to F:ekipi; 3. 229° 17' a5' 4b3.79 feet along R. P. 5231, L. C. Aw. 7390 to Kzkipi and Lots 3, 11 and 9 of "fzonokoha?~ 2nd Subdivision"; Env°01-01 10:09 From-CARLSI~ITh +1809329945b T-148 P.11/12 F"B00 4, 319° 17' 95' 6D.OO feet along the remainder oP R_ P, 6655, h_ C. Asa. 9971, Apana 9 to W.• P. Leleiohoku (CertiFicace of 19oundaries 5, q9° 1?' 45' 466,22 feet along hots 10-A, 2 and 1 of "Honokohau 2nd Subdivision"; 6, 53° 56' 45~ 74.64 feet along Lot 1 of "Honokohau 2nd ~ubdi<<ision"; 69° 91' 95" 64.93 Feet along L.ot 1 of 'Honokohau 2nd Subdivision'; B. Thence along la,oc 1 of "No~okohau 2nd Subdivision' on a curve to tie left with a radius of 30.04 feet, the . chord azimuth and distance . being:. 13° S2' 45" 99,63 feeC; 9, 138" 03' 95" 108.72 feet along the easterly side of Mamalahoa Mighway to the point or beginning and containing an Area oc D.933 acres. RESERVING, H®6~olEVER, unto the Grantors a noneacclusive, perpetual easement For roadway and utility purposes to }ae used in common caith the Grantee, his heirs and assigns and others rightfu~.ly entitled thereto, on, over, under and across the parcel of land hereina~ove described (I.ot .12), to be appurtenant co that certain parcel of land owned by Che Grantors, being idenciEied as Parcel 39 shown on Ta:c P•iap of the Coun[y oc Hawaii, ?one 7, Section 4, Plat 6, and containing a;~ area o£ 1.OB acres, more or less. Nov-01-0.1 10:09 From°CARLStuIIT, +1809329945b T-149 P.12/12 F-800 SU$JEC'r, }iO~•TEVER, to ali egiscing encumtarances, including, but n®t limited to, the following: 1. Confirmation of Grant of Easement, dated March 18, 1983, by and i~etween L. Radcliffe Greenw@11 and .lames M. Greenwell, Trustees, as grantor, and Paul Kahau Kai, as grantee, for roadway and utility purposes over Lot 12, recorded in the Bureau in Liber 16970, Page 252. Confirmation of Grant of Easet~ent, dated ~Sarch 1l3, 1983, by and between I.. Radcliffe Greenwell and James M. Greenwell, Trustees, as grantor, and victoria Kanekapolei Kai, as grantee, for roadway and utility purposes ®ver Lot 12, recorded in the f3ureau in Libec 16970, Page 259. 3. Grant of Easement and Bill of Sale, dated March 22, 1985, kay and beCNeen James M. Greenwell and L. Radcliffe Grcenaaell, Trustees, as grantor, and the Water Commission of the County of Ha~raii, as grantee, for water system purposes over I.ot 12, recorded in the Bureau in Liber 18611, Page 9?3. 9. A nonexclusive, perpetual easement Eor roadway and utility purposes described in Exchange Deed, dated tlovember 19, 1979, executed by Herbert A. Kai and I.anihau, recorded in the Bureau in Liber 14187, Page 66. i w SO FoRt~ /?PP Q®V~0 i~ i E CORGATION REQUESTED 0`!: I ~•~TER RECORDATION, RETURN T0: RETURN N`': MAiI ) PICKUP ( ) SPACE ABOVE THIS LINE FOR Rc~iISTRAR'S USE 7f C,~unsel: CADE° SCHUTTT~' FLEMI:IG & :vRIGHT DONALD SCEARCE 165 South F;ing Street rono~,.~.Ilu, Hawaii 9613 Tel. :•:o. 531.-7232 Attor:~ey for Plaintiff IT: TF?E CIRC~:TT COQ;. JF TI'i:=; `ihIRD CIRCUIT STATE ~ HAWA I .~ANIHrU CORPi;HATIO'., ~:T~TIL Nl~. 2810 Plai.~*,iff, ' J~iDGMEN:' OF PARTITIOP~ vs. K. hi. ':DUNG & ASSOCIATES, ~NC., et al., ) 1 Defendants. i J~. ~GT:EDIT PAF'..; " :1 Upon tht~ stipulat~n of ;he parties, approval of the planning aepartrnent of the Count: ~ of Hawaii, ~r.c good •cause appearing therefor, IT IS HEREBY ORDE{T?J, AD<i ,;v iED AND DECRE:.'" t1'ib 1. Plaintiff Lar,_i~au Cor_;.:ratior. is the owner in Fee .imp le absolute of Parc :.s I iI (1:.r,ibit , Par ?I (Ehhibit B) and Farcel ~_I ;,Ea,.__~it C) ; ~ EXHIBIT 2 FILED 12/22/'76 SUc3JECT, HOIJEVER , t o (a) As to Parcel I, I_T, VI and VIII, the reser- vation in favor of the State of Haw;:ii of all mineral and metallic mines of every description; (b) As to Parcel VIII, an easement in favor of Parce:r VII (Exhibit G) and °arcel IX {Exhibit H) for access and utility purposes, over, across, along and under Easement A (Exhibit J); TOGETHER WITH an easement appurtenant to Parcel VIII for access and utilities purpc~es, to be used in com- mon .•rith the owners of Parcel VII (?xhibit G) and Parcel IX {ExY:ii;it H), and th~:r respective successors and as:;igns, over, across, along and under Easement B (Exhibit K). 2. John Spencer, widower, Rose I{. Pratt, wide,, and Francis M. P. Spencer, unmarried, are each the owner ~~f an undivided ,5% interest and Clayton P. Spencer, husband of S~indra Spencer, Audrey C. Brook:, wife ~~•f George K. Broclcs , Beverly R . i:ahoonei , wife Kenneth M. Ka.oonei , and Dolores J. Ahu, wife of Robert r:. Ahu, Jr., are each the owner of an undivided u.25% in: !•est in fee simple abso- • lute of Parcel III {Exhibit P); SUS;fECT, HOWEVER, ~ o the reservation in savor f she State of Hawaii of all mineral s:~~ metallic mines of ?very description. 3. Defendant Martha Lehua spencer Mossman, w=.fe of Robert Mossman, is the owner of an undivided 7~N inter- eat, and Defendants Francis M. P. spencer, unmarried, Alice Beckley Spencer, widow, am Foser~. ''ratt, widow, .ire each the ~.:wner of an undividea 1,,~ inter~aL, ali in fee simple absolute of Parcel IV (Exhibit E); i i SUBJECT, HOGTEVER, to the reservation in favor of the State of Hawaii of all mineral and metallic mines of ever~~ description. 4. Defendant K. ~-1. Young & Associates, inc., is the owner of an undivided 14.286ro interest, and Defendant K. f9. Young & Associates, inc., a ~e:~eral partner of Hualalai Holding Company, a limited partnership, is the owner of an undivided 85.714 interest, all in fee simple absolute of Parcel V (Exhibit F), Parce~i VII (Exhibit G) and Parcel IX (Exhibit H); SUBJECT, HOWEVER, to: (a As to Parcels V, VII and IX, the reservation in favor of the State of Hawaii of all mineral and metallic mines of every description. (b) As to the undivided :~4.286~ interest of Defend- ant K. M. Young & Associates, Inc. in Parcels V, VII an' IX; (1) that cer•;ain m~~rtgage dated December 1$, 197C recorded in the Bureau of Conveyances of the State of Hawaii in Volume 7345, Page v3 in favor of Bishop ^_'rust Company, Limited and Donn W. Carlsmith, Guardians of the property of Richard Ray Spencer, f~iinor; (e ) As tc the ur.di videci 714 o interest of Defendant K. P~1. Xoung & Associates, ~i"lc., a genera: partner of Hualalai Holding Company, a lin:ir,ed partnership, in Parcels V, VII and IX; (1) That certain mortgage dated December 29, 1971 recorded as aforesaid in Volume 9135, Page 34c in favor of B:.:hop Trust Company, Limited, a~~•^,inistrator of the Estate of James R. Spencer, deceas~.s, which mortgage is now' held by (i) Gwendoly~i A. Forsythe, unmarried; 3. (ii) AbB•ail L. Pharazyn, wife of Phillip Pharazyn; (iii) Betty S. Young, wife of Ronald Young; (iv) Walter D. Spencer, unmarried; (v) Edtiaard E. Spencer, husband of Rose B. Spencer; and (vi) Dorin W. Carlsmith and Bishop Trust Company, Limited, Successor Guardians of Richard R. Spencer, a non compos person; as t~~ an undivided 1/6th interest each, being all of the heirs of James R. Spencer, dFCeasec, as set forth in Order P.ppr~ving Administrator's Accounts and Discharge and Decree of Distribution of Real Property, both dated October 19, 1974, and in Amended Decree of Dist.~•ibution of Real Property dated Novembc.i 22, 1974, filed ir. Probate No. 4029 in the Third Circuii Court, State cf Hawaii. (2) That certain mortgage dated December 29, 1971 recordedl as aforesaid in Volume 8135, Page 360 in favor of Edward E. Spencer, husband of F.cse B. Spencer. (3 ) That cei°tain n~or•t~age dated December 29, 1971 recorded as aforesaid in Vols.,,:.: 3135, Page 3%! in favor of Walter D. Spencer, husband of Katherine K. Spencer. (4) ^lhat certain mor•*.age dated December 29, • 1971 recorded as aforesaid in Volum,= 8135, Page 388 in favor of Gwendolyn A. Forsythe, wife of NIi.lton K. Forsythe. (5) That certain mortgage dated December 29, 1971 recorded as aforesaid _n Volµrr,_ t~~;5, Page UG2 in favor of Betty Spencer Young, wife of Rc.•n.yld Young. U. (6) That cer'.ain mortgage dated February 17, 1972 recorded as aforesaid in Volume 8128, Page 245 in favor of Abigail L. Rawlins, widow, now krown as Abigail L. Pharazyn. (d) As to Parcel IX, yin easement in favor of Parcel VII (Exhibit G) and Parcel VIII (Exhibit C) ,or access and utility purposes, over, across, along and under Easement B (Exhibit K). TOGETHER WITH an ~_•asement appurtenant to Parcel VII for access and utilitie:~ purposes, to be used in common with the owners of Parcel VIII (Exhibit C) and Parcel IX (Exh~oit H), and their respective successors and assigns, over, across, along a;~d undo; Easement A (Exhibit J) and Easement B (Exhibit TOGETHER, ALSO, WITH an easement appurtenant tc:. Parcel. IX fcr access and utilities purposes, to be used in commc:: with t're owners of Parcel VIII (Exhibit C) and Parcel VII (Extlibit G) and their respect._ve successors and assigns, over, across, along and under Easement A (Exhibit J). 5. Plaintiff Lanihau Corr.oratior~ is the owner of an undivided 50% interest, Defendant K. M. Young & Asso- • ciates, Inc. is the owner of an undivided 5.059% interest, Defendant I{. C'i. Young & Ass:.~iates, Inc., a general partner of Htialalai Holding Company, a limited partnership, is the owner of an undivided 30.350% inter~.~t, Defendant Martha Lehua Spencer Mossman, wife of Robe:•t Mossn:an, is the owner of an undivided 10.214% interest, ar.d Defendants Francis M. P. Spencer, unmarried, Alice Beckley,- Spencer, widow, and Fose Pratt, widow, are each the owner of an undivided 1.4~? interest, all in fee simple absolut° of Parcel X (Exhibit I); . I SUBJ1?CT, HO`rlEV~R, to: (a) The reservat.i.n in favor of the State of Hawa'_i of all mineral and metallic :.fines o.f every descrip- tion. (b) As to the undividec', 5~% interest of Lanihau Ccrpnration, that certain unrecorded Development Agreement dated December 29, 1969 cor.°'irmed by that certain Confirma- tion of Development Agreement dated December 29, 1969 re- corded fir. the Bureau of Conv=yances of the State of Hawaii in Volume 6901, Page 170 by dnd betwr:en Plaintiff Lanihau Corp;ration and Honokohau, std. (c) As Y.o the undivided ~.p59a interest of Defend- ant iC. P7. Young & Associates, inc., that certain erortgage mentioned in paragraph 4(b)(1) hereof. (d; As to the undivided '30.3500 interest of Defendant K. M. Young & Associates, Inc., a general partner cf Hualalai ~;oiding Company, a limited partnership, those certain mortgages mentioned in paragraphs ~I(c)(1) through (5) }.ereof. 6. Notwithstandi~~g anyti:ir.g to the contrary con- . tained in those certain mortgages mentioned in paragraphs (b) i 7. ) and I~ (c) (1) `.through ( 6 ) her.:: of , the liens of sai:~ mortgages shall be liens only upcr: the undivided interest of K. I~?. Young k Associates, Ir.c. and of K. M. Young & Asso- ciates, Inc., a general partner of 1:ualalai Holding Company, a limited partnership, in Parcels V, VTI, IX and X in which K. b?. Young & Associates, Ir.c. and M. Young & Associates, Inc. , a general partner of ~..alalai ri.~lding Company, a limited partnersip, are hereby ord:• ~~_d, :adjudged ui?d decreed to have undivided interests and shale nct. be liens upon 6. Parcels I, II, III, IV, VI, and VIII or upon the undivided interests of the other Owners in Parcel X. 7. The designation of Parcel VII and Parcel IX as separate parcels has been done for the convenience only of Defendants K. M. Young & Associates, Inc. and K. M. Young & Associates, Inc., a general partner of Hualalai Holding Company, a limited partnership, in designating Easement B and for the purpose of describing Parcel VII for a quarry use permit application. .Notwithstanding anything to the contrary contained herein, it is ordered, adjudged and decreed that said Parcel VII and Parcel IX are hereby con- solidated as one parcel (Exhibit L). 8. After the entry of this judgment, the parties shall execute the necessary quitclaim deeds in accordance with this Judgment, conveying the various parcels of land to the parties entitled thereto as directed and preserving the rights of the mortgagees as to the parcels to be conveyed to K. M. Young & Associates, Inc. and K. P7. Young & Associates, Inc., as general partner of Hualalai Holding Company, to which their mortgages are to relate after the entry of this Judgment in Partition. DATED: Hilo, Hawaii, Judge of the above-entitled Court 7• . , i PARCELS I AND II LAND SITUATED ON TILE EAST SIDE OF THE NORTH KONA BELT ROAD AT HONOKOHAU 2ND, NORTH KONA, HAWAII Being a Portion of R. P. 6855 L. C. Aw. 9971, Apana 9 to William Pitt Leleiohoku the Whole of Grant 3022, Apana 1 to Elepaio, the WlTOle of R. P. 5230, L. C. Awards 7870 to Kamohai, R. P. 7766, L. C. Aw. 7890, Apana 1 to Kukona and L. C. Aw. 8218 to Ikeiki Beginning at a pipe in concrete at the Northeast corner of this parcel of land, on the Southerly boundary of L. C. Aw. 11216, Apana 36 to M. Kelcauonotii the coordinates of said poinC of beginning referred to Ilawaii Plane Coordinate Grid System Zone 1 being 311,001.53 feet North and 342,267.01 feet East and running by plane azimuths measured clockwise from true South: Following along the Government Land of Kealakehe for the next three (3) courses, the direct azimuth and distance between points being: l.. 340° 11' 550.00 feet; 2. 54° 41' 747.00 feet; 3. 73° 54' 543.00 feet; 4. 180° 59' 278.00 feet along Grant 3456 to Ceorge McDougall; 5. 69° 17' 30" 2204.48 feet along Grant 3456 to George Mr_Do~igall; 6. 75° 39' 2051.69 feet crossing over the Old Government Road and along Grant 3456 to George McDbugall to the Easterly side of North Kona Belt Road; EXHIBIT A TOWILL, SHIGEOKA & ASSOCIATES, INC. SURVEYORS 850 RIC HAROS STREET. HONOLULU, hIAW All 96813 L _ 1 7. J.38° 13' 185.67 feet along tlic Easterly side of tlortli Kona IIelt Road; Thence along L. C. Aw. 7396 to Kepilci for the nett fourteen (14) courses, the direct azimuth and distance between points being: S. 249° 51' 143.10 feet; 9. 234° 06' 64.10 feet; 10. 229° 27' 144.SOfeet; 11. 171° 26' 66.80 feet; 12. 189° 04' 18.40 feet; 13. 175° 49' 49.40 feet; , 14. 165° 51' 31.40 feet; 15. 144° O1' 12.10 feet; I 16. .19° 40' 38.60 feet; 17.' 100° 52' 26.10 feet;. 18. 87° 34' 27.60 feet; 19. 77° 28' 39.40 feet; 20. 70° 59' 34.30 feet; . 21. 101° 57' 35.40 feet; 22. l5S° 32' 30" 538.31 feet along remainder of L. C. Aw. 9971, Apana 9 to William Pitt Leleiohoku.; 23. 265° 18' 45" 963.25 feet along L. C. Aw. 11216, Apana 36 to M. Kelcauonohi and along L. C. Aw. 7490'to Polapola; Tlicnce along L. C. Aw. 7490 to Polapola for the next four (4) courses, the direct azimuth and distance between points being: 24. 253° 41' 124.00 feet; E`(IIIIIIT A _ -2- h TOWILL, SHIGCOI(n rc A550CIAT[5. INC. ~IIIIVFY011 `_i 25. 250° 11' 102.00 feet; 26. 252° 41' 308.00 feet; ~ 27. 245° 11' 365.00 feet and crossing over the Old Dlauka Gorvernment Road; Thence along L. C. Aw. 11216, Apana 36 to M. Kekauonohi for the nest eight (8) courses, the direct azimuth and distance between points being: 28. 250° 11' 480.00 feet; 29. 247° 11' 300.00 feet; 30. 242° 41' 250.00 feet; 31. 246° 26' 234.00 feet; 3°. 2~2" _5' 220.OC leer; 33. 256° 11' 237.00 feet; 34. 256° 56' 856.00 feet; 35. 275° 11' 495.00 feet to the point of beginning and containing a gross area of 116.185 Acres Less Gran[ 3022 Apana 1 to Elepaio 15.00 Acres Less L. C. Aw. 7870 to Kamohai 1.00 Acres Less L. C. Aw. 7890 Apana 1 to Kukona 2.00 Acres Less L. C. Aw. 8218 to • Ikeiki 2.30 Acres Net Area 95.885 Acres' /'~O His G~c~~ TOWILL, SHIGEOKA & ASSOCIATES, INC. Q- O Z~ REGISTERED ~ `1 ~ PROFESSIONAL ~ LAND ' SURVCYOR ~ • ~ gy' ~ 7 No. 2279 ~~_Haruo Shigec~,ka •~r p-/ Registered Professional Surveyor ~ l'igtl V Certif icatc Number 2279 EXIiIT3IT A -3- TG WILL, SHIG[OI<A d ASSOCI/~T[S, INC. u."... vnn~ fluv-01-01 11:15 From-CARLSNII, +18083299451, T-149 P.Oli02 F-803 PROPa~SE~ C~iANGE OF ~®NlNG ®ESIGNATI®N OF ~®RTION OF L®T 10-,~ ~ROtdl A-20a T® FA-1a j Land situated approximately 850 feet Easterly of Mamalahoa Neghva+ay a[ Honokohau 2nd, North Kona. Island and County of 1~awaii, State of 1lawan. i3ecng portions of: L,ot 10-A; and loyal Patent 6855, Land Commission Award 9971. Apana 9 to Wvlliam Pitt LeleiohoKu. 6eginn~ng at the Southasesterly corner of this parcel of land, being also the Southeasteriy corner of Roya! patent 7766, Land Commission Award 7890, Apana 1 to Kukona and peing a point on the Northerly boundary of Grant 3456 to George Mcpougall, the coord,nates of saiq point of begmrnng referred to +Sovemment Surerey TrtangulationSiation "AA®ANUTAFiEA" being21,Op5.96feetSouthand4,984.95feet Westand runnangtaya2innuttrs Measured cl®c6c~vise from True Souih: 1. 164° 03' 31" 161.20 feet along Royal Patent 7766. Land Comrrtisseon Award 7890, Apana 1 to Kukona to a point; 2. 74° 03' 31" 111.27 feet along Royal Latent 7766, Land Commission Award 7890, Apana 1 to KuKona to a p®int; 3. 154° 35' 774.88 feet along Lot 10-A, along the remainder of Lot 10-~ (Load Portion j along Lots 9 and 8 ®f fionokohau 2nd Subdivision and along the remainder of Roya9 Patent 6855, •6.and Co?Yim9aSi®n Awarq 9971, Apana 9 to WiBliam Pitt Leleioh®ku to a point; `Thence, for the next sex (6) courses following along the remainderof Royal Patent 6555, L,anq Commissson Award 9971, Apana 9 t® Wi1Gam Pitt Leleiohoku. 4. 268° 09' 45" 346 75 feet to a point; 5. 238° 06' 15" 308.36 feet to a point; 6 213° 13' 15" 70.13 feet to a point; ~i2a1a.1 Page ~ of 2 WAS TN®llilld$S ASS®x'!61 TES ~aPrd Sure®yors 75-5749 /Ca/abva ,Sf~d. 6Ca~tra-!Cone, biavra~ 9740-177 ~~-gg~IT 3 PR®POSEI~ S/D Nov-O1-Ol 11:15 From-CARLSNITr. +19083299450 T-149 P.02/02 F-803 7. 338° 46' S5" 136.89 feet to a point, 8 249° 10' 45" 649.64 feet to a point; 9. 154° 08` 45" 152.23 feet to a point; 10. 264° 29' 15" 35.66 feet along the Southerly end of ®(d Mauka Government D~oacl to 8 point: 11. 334° 08' 45" 236 21 fe@t along Grant 3022, Apana 1 to Kalua to a point. 12 336° 55' 45" 211.64 feet along royal Patens 5230, Land Commrss~on Award ?870 to Katnohar to a point; Thence, fog the next six (6) courses following along the remainderof Loyal Pa>'ent 655, Land Comrrtiss~on Award 9971, Apana 9 to William Fitt Leleiohok,a: 13. 337° 18' 05" 310.55 feet along Parcel 1 A-1-A to a p®int; 14. 345° 12' 35" 149.38 feet along Parcel 1-A-1-A anq along fi®nokohau Production Welf and Reservoir Site (Water Commission of the County of hiawase) to a p®int; Thence, for the next three (3) courses f®IJowing along the remainder of Loyal Patent 6855, Lang Commission Award 9971, Apana 9 to Wall~am Pit[ Leleiohoku: 15. 349° 14' 20" 133 64 feet along tionokohau Production Welt and Reservoir Site (Water Commission of the County of P-lavvaii) to a point; 16. 72° 57' 46" 30 08 feet along the Northerly end of ®Id Mauka Government Road to a point, 17. 74° 03' 31 1.174 07 feet along Grant 3456 to George Mcdougall to the point of ~ l~egmning and containing an area of 26.934 Acres. ~s W S `THGMAS ASS®CIA°f~S { ' i 1c.~~asEO Le~~di! l SL•AvFvoR Chry al Thoma rrlasaKi r~o. e~,3, Locensed Professional Land Surveyor '?'~wAit State of fiawan Certificate No. LS-4331 75-5749 Kalav~ea'~1t~et - Kailua-Kona, 1-lawaii 96740-1817 TMK: 7-4-06: portion 06 {3rd ®iv~sion) June 3, 2001 #12814 i ,Page 2 of 2 IMES TH~~~ ASS®C/AT~S c.ar?0 Survayors 75-5748 iCaBa~e 5~~t. Kaelua-BCona, ~w~u 957.0-1x17 , s RECORDATION REQUESTED BY : ~ I S E ~ I ~ R ~ : 0 ! AFTER RECORDATION, RETURN TO: - .1 3 : ~5 ~ A3>~ `-'~'~U'tTe. ~Lfe1Jl ~ wl 4 ~ ~ ~ r^ _ : i i- . val ~ ~~i a~'f When completed: Mail ( ~ Pick up ( ) Phone: ~~-~i~C~ EXCHANGE DEED THIS INDENTURE, made this day of , 1981, by and between HAROLD S. WRIG1iT, L. RADCLIFFE GREENW , ROBERT P. GREEN~n7ELL and JAMES A;. GREENWELL, Trustees under that certain Indenture of Trust dated December 8, 1970, known as "Palani Land Trust II", having their principal place of business and post office address at Suite 3170, Control Data Building, 2828 Paa Street, Honolulu, Hawaii 96819, hereinafter called the "Grantors", and LANIHAU CORPORATION, a Hawaii corporation, with principal place of business and post office address at Suite 31:0, Control Data Building, 2826 Paa Street, Honolulu, Hawaii 96819, hereinafter called the "Grantee", ~ ~ WITNESSETH THAT: ~ ~ ~ In consideration of the conveyance to the Grantors by ? ~ HI ~ ~ ithe Grantee as hereinafter set forth, the Grantors do hereby ~ a grant, bargain, sell, convey and exchange unto and with the I~~, U ~ Grantee and its successors and assigns: ~ ALL of those certain parcels o: land situate ~1 ~ m~ at North Kona, Hawaii, described in Exhibit "A" ~ I,~~"'i attached hereto and made a part hereof, subject, n~ however, to the encumbrances mentioned in said Z o + G l Exhlblt "A"j G311,r31C:+~dta2` AND the reversions, remainders, rents, issues and profits thereo:, toget!~er wits alt buildings, improvements, tenements, rights, easements, privileges arc a;.aur:en_r~ces tU E%I-IIE3IT 4 is~~3 ~5g the same belonging or appertaining or held and enjoyed there- with, and all of the estate, right, title and interest of the Grantors both at law and in equity therein and thereto; TO HAVE AND TO HOLD the same unto the Grantee and its successors and assigns, forever, subject to the encumbrances mentioned in said Exhibit "A"; AND the Grantors, for themselves, their successors in trust and assigns, hereby covenant with the Grantee and its successors and assigns: THAT the Grantors have good right to grant and convey said land and premises unto the Grantee as above set forth, and teat the same are free and clear of and from all encumbrances made or suffered by said Grantors. THIS INDENTURE ALSO ~+TITNESSETH THAT: In consideration of the foregoing conveyance, the Grantee does hereby grant. bargain, sell and convey unto the Grantors and their successors in trust and assigns: ALL of those certain parcels of land situate at North Kona, Hawaii, described in Exhibit "B" attached hereto and made a part hereof, subject, however, to the encumbrances mentioned in said Exhibit "B"; AND the reversions, remainders, rents, issues and profits thereof, together with all buildings, improvements, tenements, rights. easements, privileges and appurtenances to the same belonging or appertaining or held and enjoyed there- with, and all of the estate, right, title and interest of the Grantee both at law and in equity therein and thereto; 'TO HAVE AND Z'0 HOLD the same unto the Grantors and their successors in trust and assigns, forever, subject to the encumbrances mentioned in said Exhibit 'B"; AND the Grantee, for itself, its successors and assigns, hereby covenants with the Grantors, :heir successors in trust ' 1513 ?60 and assigns: THAT the Grantee is the owner in fee simple of ' said land and premises; that the same are free and clear of and from all encumbrances except as mentioned in said Exhibit "8"; that it has good right to grant and convey the same unto the Grantors as aforesaid; and that it will WARRANT AND DEFEND the same unto the Grantors forever against the lawful claims and demands of all persons except as aforesaid. IN WITNESS WFlEREOF, the Grantors and the Grantee have executed this instrument the day and year first above written. IiAR LD S . WRI HT L. RAD L F. E ELL HERT F`. ELL ~ S P9. NW LL i t Trus ees under that certain Inde ure of Trust dated i Decem er o, 1970, known as ~"Pala i Land Trust II° ~ ~ Grantors LANIHAU CORPORATI N S / 8Y - ~ It 1~\ Z Grantee -3- 1b~13 7fi5~ FIRST: LOT 10-B AND PARCEL I LAND SITUATED APPROXL"lATELY 1,000 FEET EAST OF NORTIi KONA BELT ROAD (HAMALAHOA HIGHWAY) AT HONOKOHAU 2ND, ;30RT11 KONA, HAWAII, HAWAII Being a Portion of Royal Patent 6855 Land Coanaission Award 9971, Apana 9 to Willia® Pitt Leleiohoku Bdginning at a pipe in concrete at the Northwesterly corner of this parcel of land, being also [he Northeast corner of Lot 7 and Northwest corner of Lot 8 of "Hoaokohau 2nd Subdivision" and on the boundary of Honokohau 1st and 2nd, the coordinates of acid point of beginning referred to Government Survey Triangulation Station "P4O~*!ULAHF,,A" being 20,181.67 feet South and 5,468.79 feet West and running by azimuths eaeasured clockarise from True South: 1. 268. 09' 45" 346.75 feet along R. P. 7587, L. C. Aw. 11216, Apana 36 co H. Kekauonohi to a 3/4 inch pipe in concrete rearkad HC V; 2. 238. 06' 15" 308.36 feet following old stonewall along R. P. 5247, L. C. Av. 7490 co Polapola to a 314 inch pipe in concrete marked HL IV; 3. 213' 13' 15" 70.13 feet following old stonewall along R. P. 5147, L. C, Aw. 7490 to Polapola to a 3/4 loch pipe in concrete aaarked Hs III; 4. 33$• 46' SS" i3b.89 feet along L. C. Av. 8218 co [kaiki to a ~ 3/4 inch pipe in concrete; 5. ?45. 10' 45" 6'x9.64 fee[ along L. C. Av. 8218 to Ikeiki to a 314 inch pipe in concrete marked "50"; EXHIBI`T` "B' ~ i + i i Ib~13 fi7~ 6. 154. 98' 45" 152.23 feet along L. C. Aw. 8218 to Ikeiki to a 3/4 inch pipe in .concrete; 7. 264. 29' 15" 35.66 feet along R. P. 7587, L. C. Aw. I1216, Apana 36 to M. Kekauonohi to a 314 inch pipe in concrete marked ~ V; 8. 334. 08' 45" 236.21 feet along Grant 3022, Apana 1 to Kalua to a 3/4 inch pipe in concrete marked "49'; 9. 336. 55' 45" 211.64 feet along R. P. 5230, L. C. Av. 7876 to Kamohai to a 3/4 inch pipe in concrete marked "48"; 10. 248. 36' 35" 204.58 feet along R. P. 5230, L. C. Aw, 7876 to Kaeaohai to a pipe in concrete; 11. 157. 50' 45" 209.50 feet along R. P. 5230, L. C. Aw. 7876 to Ramohai to a pipe in concrete; 12. 249. 10' 45" 922.14 feet along Grant 3022, Apana 1 to Kalua to a pipe in concrete marked Sit II: 13. 247. 11' 45" 1288.64 feet along Grant 3022, Apana 1 to Kalua Lo a pipe in concrete markad ~ I; 14. 276•~~06' 45" 1012.b8 feet alongR. P. 7567, L. C. Aw. 11216, Apana 36 to H. Kekauonohi to a pips is concrete marked "5"; 15. 340. O1' 45" 550.00 feet along Kealakehe (Government Land) to a pipe is concrete marked "4"; 16. 54. 31' 45" 747.00 feet along Kealakehe (Government Land) to a pipe in concrete warked "3"; 17. 73. 44' 45" 543.00 feet along Grant 2571 to Kaahui to a pipe in concrete marked "2"; 18. 180. 49' 45" 278.00 feet along Crant 3456 to George McDougall to a pipe in concrete aeaarked 41t ; 19. 70. 28' S0°' 2172.38 feet along Crant 3456 to Ceorge McDougall to J. D. 'weeks pipe in concrete; 20. 72. 57' 46" 30.08 feet along Grant 3456 to George McDougall [o J. D. Weeks with concrete lei; EXHZBI~` "8" Pnge . . i tb~l3 fififi 21. 74. 03' 31" 1174.07 feet along Grant 3456 to George McDougall; 22. ib4. 03' 31" 161.20 feet along R. P. 7766, L. C. Av. 7890 to Kukona to a pipe in concrete; 23. 74. 03' 31" 111.27 feet along R. P. 7766, L. C. Aw. 7890 to Kukona to a pipe in concrete; 24. 154. 3S' 242.51 feet along Lot 10-A and along the remainder of R. P. 6855, L. C. Av. 9971, Apana 9 to Williase Pitt Leleiohoku to a pipe in concrete; 2S. 75. 30' 4S" 11.59 feet along Lot 10-A and along the remainder of R. P. 6855, L. C. Av. 9971, Apana 9 to Williaas Pitt Leleiohoku to a pipe in concrete; 'Thence along ].ot10-A and along the remainder of R. P. 6855, L. C. Av. 9971, Apana 9 to William Pitt Leleiohok on a curve to the Teft with a radius of 270.00 feet, the chord azimuth and distance being: 26. 62•..24' 1S" 122.47 feet to a pipe in concrete; 27. 139. 17' 45" 60.00 Eeet crossing a roadway along remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to Williaes Pitt Leleiohoku to a pipe in concrete; Thence along Lot 9 of "Honokohau 2nd Subdivision" along the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to William Pitt Leleiohoku on a curve to ehe right with a radius of 330.00 fact, the chord azimuth and distance being: 28. 342. 24' 15" 149.68 feet to a pipe in concrete; 29. 184. 3S' 471.26 feet along ]Lots 9 and 8 of "Honokohau 2nd Subdivision" along the resasainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to ~ L:illia~ Pitt Leleiohoku to the pofnt of beginning and containing an Area of 93.117 Acres. EXHIBIT "B" I Page 1513 7~~ ~T'nis description vas prepared from data compiled from all available sources. ® SH1(; TOWII,7., StiIGEOKA ~ ASSOCIATES, INC. , EO,~ / RC~ilSTERE64 °P ~ 1 pR®FESSa®~1 B J !L!~ ~r'~ LAT~t~ Y 850 Richards Street, Suite 302 • Sl1RVEY4R • ; tlaruo Shig~®ks Honolulu, Ravaii 96813 Ad®.x279 ~ Registered Professional Surveyor January 21, 1981 'S.q ~ g~% Certificate Number 2279 V~ i a i EXHIBIT •S' ~ page ~ E i ' ~1 RRCORDATIDPD REVUEST'ED SY: ~ ~ ~ - t3'1-191150 ^ t r r. r P ~ : ~ ~ AFTSR tiE,,C,.O//RDATIOtd : Addressee 214 .ri 3 ; 3 2 i) voES wxSrTe a wre~er . , . : P.O. 6®n 034 &c4m.?WaNar mvhan Completed: daail ( ) 41ek Uo j X) I'hsne: /''0d~~a ' DEED HiB]0b8 ALL Tali BY Ti6SS8 PfltES6NTS: ~ ?hat L. RAGCLIYFE QAEEiln1ELL and JAMES M. CREEISidELL. Trust®®s undm~r that cectain unrecorded Indentuce of Yrust. Yr;. ~r~i;~ dsted December 6, 1970, known ss `pil and Land Trust II`, ae N~`, saianded Dry that cmctain Krat Aansndeent of Palani Lsnd Trus! f;:, II and Appointment aE Succrosaor Truatmes, dated January la, ` 1963, cocorded in t4ae bureau of Conveyances of the Btate of 14awa11 ([he `fearaau') in Lines 207x2, paq• x02, as lureher ~ i mended by tT?at Certain Second Ass®ndeasnt of palsni Land i Trust 22 and l?ppointa+ent of SmCSassoc Trustees, dated May ~ ' i :t~~~': 26, 1907, recordmd in th® 6uruu in Lines 20712, paq• x07, w a t ~ o and as Eurthar ataesdsd Dy that cmrtain Third Asaendmant of L ~ u„Q a i lalani Lsnd Traast II, ezmcuted and rmcorded in the Bureau > concurrently hasmesith (asld Trust •a •o amonded t+®inq i O 1 v hareinatter retested to as eha 'Trust`), Navin their ~ ~ ~ q 4 i! Z ~ principal piste of businmaa and post otEice addcsss at Suite '`~~1 a 3170. Control Data DuilCinq, 1624 Paa 8tra.t, Dsonolulu, 'iQl mx Xawaii 96619, hereinaEta[ called the 'tlrantors`, Eor good C ~ 5 and valuatol• consideration, receipt of which is hereby c i,~se~. i i EXI-II~IZ` g 21453 32i x; _ acknowledged, do hereby grant, bargain, sell, transfer and i convey unto ROBERT. F. GREEPIWELL, husband of Alice Bevins - ~ Greenwell, whose residence is on Mamalahoa Highway at _ Honokohau 1st, North Rona, Hawaii and whose post office address is P. O. Hox 17]8, Railua-Kona, Hawaii 96745, hereinafter called the ^Grantee", and the Grantees heirs and assigns, Eozever, all of the right, title and fee simple ' interest of the Grantors in and to the real property ~ i described in Exhibit 'A^ annexed hereto and made a part hereof, and the reversions, remainders, rents, issues and • ~ profits thereof, together with all buildings, improvements, ~ tenements, rights, easements, privileges and appurtenances ~ to the same belonging or appertaining or held and enjoyed Y Y, therewith, and all of the estate of the Grantors both at law i a;:~ and in equity therein and thereto; ~ `fi`t TO HAVE AND TO HOLD the same unto the Grantee, forever, subject to the encumbrances described in Exhibit 1i:- ^A. ~ I AP1D the Grantors, for themselves sa Trustees and , not individually, and their successors-in-trust, do hereby Warrant that the property is freo and clear of and Prom all encueabrancss made or suffered by them, eseept as d®acrlbtd ~ in E:hibit 'A`. r 1 This Deed is being delivered by the Grantors to cha Crante® pursuant to that certain unrecorded Settlement i Agzeemenl, dotard June 19, 1987 (the 'Settlement Agreement^), • esecuted by the Grantors and the Grantee for the purpose of effectuating the settlement and aalisfeetion of the , Grantee's claim to a one-third interest in the Trust and the Trust property. The Grantee, for himself, his heirs, personal representatives and assigns, hereby acknowledges, 2 may,{: ter:. ~~4.. 21453 3~2 ".,::,confirms and agrees that from and after the date heraoE, the "'R'te' ,;,,,~zantear shall have no right, title or lntarest in the Trust xi.:... or the property remaining in the Trust, whether as a •ottlor, trustee, beneficiary or otherwise, and that the - Grantors, as the aol• remaining settlors, beneficiaries and trust®es shall be vested with a:clusiva legal and equitable title in the property remaining in the Trust, SUBJECT OWLY to their obligation, as Trustees, to complete the iesplementation of the Settlement Agreement in accordance with its pro+visiona. iN IIIT38E55 4d6dEAEOF, the Grantors and the Grantee have aaecute6 these presents this a fS ¢ day o [ L d~-~C~C i" 19 B 7 . AADCLIFF GAEE1VMtELL J S M. EEE L - \ . Grantors AODEAT G88E LL .............r.,, Grantee ata~a t~~.. . j w 3 . ,fix 21453 3~3 5+?W+,~•`:...._ ~TATZ OF HAWAII ) ~ C%TY AA2D COtJ[®TY OF iiONOrLU?LU ) On this a~~ day of yL d.~/'~i~~?_ 1987, bolare mm personally appeared L. RADCLIFFE GREENWELL, Trustee ender that certain Indenture of Trust, dated December 8, 1970, known as ~Palani Land Trust III, as ammnded, to ane known to be the person described in and who ezecutod the foregoing instrument, and acknowledged that he ezmcutmd the sense a• his Eros act and deed as aueh Trustee. J~~ Rotary Public, Stste of Hawall /y My cotasnisalon expires: g STATS OF HAWAII ) SS: CYTY ASID COIJHTY OF HO1dOLULU ) On this day of ~~',r~v~ , 1987, before eao personally appeared JAFffi$ M. GREEIBFP&LL, Trustee l under that certain %ndenture of Ysuat, dated Deeember d, 1970, known ae 'palani Land Trust iI^, a• amended, to ices known to bo thm person doaeribed in ¦nd wha eaeeuted the - [ormgoinq inmtrueaent, and acknowledged that he •seeuted rho same as hie Crem act and d®ed ae such T/ruato®. ~ . ~L~llP ~ ~ J~~or~ aeotary ~u~ c, stet. ~ Mawo°IY'i"~~ sly cocmoieaion ezpiraa~l-~~-9~ ~ . . 4. - 21953 34 q ' STATE OP HAWAII ) - ) SSa COUBiTX OF HAWAII ) On this ~7 'day of , 1987, before me personslly appeared ROBERT GPEENWWELZ,y, to me known to be the person d®sorib®d 1n and who executed the foregolnq ' instrument, and acknowledcp®d that tae executed t e some as his free act snd dined. J J' otary c, to e a await fir:-; i HY commieaion sxpires: ~ Sri ~i'.; i ~1i i i G~ ~ i i< . ~ I t i' ~ ~ ' i 1 I ti 21953 33~ 6. 337. 18' OS' 60.62 feet along the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to 14. P. Leleiohoku (Certificate of Boundaries Sao. 27) to the point of beginning and containing an Ar®a o! 2.074 Acres. SUB3ECT, 1106aEVER, to all ezisting encumbrances. Description of PARCEL FOURTH A: All of that certain property (lasing a portion of ~ Royal Patent s0umber 6855, Land Corareaission Aeaard Numtoet 9971, Apana 9 to M. P, Leleiohoku (Cectilieate of 8oundariea Ro. 27)) situate at Honokohau 2nd, Diatrlct of North Kona, Island, County and State o! Nae+aii, containing an area o[ ,c_. ' 27.131 scree, more or leas, and thua bounded and described d. as p®r aurmoy o[ Naruo 6hi9eoks, Re~iatared Pro[esaional v>: Land a3urveyor, dated 5epteaabar 4, 1987, as Eollowa: lDegianing at • 3/4 Inch pipet in concrete st the ~H South®aat comer o[ this parcel of land and on the boundary of 4lonokoham end and Papaakoko, the coocdinatea of said qi. point of Eaegianing eeferred to Government l'•uevey Triangulation Station °ASOAN698Al1~A° being 20,676.54 Eeat South and 3,8x7.62 Eeet Raet and eutnning by asimutha measured cloclbtsaiae Eros: Ttu4t Soutta: 1. 72. 57. 46° 30.08 test along Orant 3456 to George ABCDOeagall to a 'a• with covaceaate 1.1; 2. 74. 03' 31° 1174.07 lest along Gesnt 3456 t0 George . aecDOUga 11; ~ 3. 164' 03. 31' 161.20 Eaet along R. P. 7766, L. C. Aa+ 4. 74' 03. 31• 111.77 Eeet aloeag R. P. 7766, L. C. Aw 7a90 to leu kona; i S. 1S4. 33' 242.51 feet along the remainder of I R. P. 88SS, L. C. Asa. 9971, Apana 9 to w. P. Leleiohoku (Certificate of Boundaries Pao. 27); t 11 Ji .i 21453 336 6. 75. 30' 45• 11.59 feet along the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to W. P. Leleiohoku (Certilleste of Boundaries N®. 27); 7. Thence along the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to W. P. Leleiohoku on a curve to th¢ leEt with a radius o[ 270.00 Eeet, the chord asimuth and distance Deinq: 62. 24. 1S' 122.47 feet; B. 139. 17' 43' 60.00 feet ale»q the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to x. P. Leleiohoku (Certiticata of eoundaries lJO. 27); 9. Thence along Lot 9 of •tionokoheu 2nd Subdivision' on a curve to thm right with a r radius of 330.00 feet, the chor6 asimuth and distance being: p:•_~ 242' 24' 1S' 149.6® foal; t.I k_. 10. 1S4. 3S' 471.26 lest alo»q Lota 9 and 8 of '!JO»okohau 2nd Subdivision; R': 11. 268. 09' 4S' 346.73 tact along R. p. 7587, L. C. Aw. 11216, Apana 36 to M. Aekauonohi (Cortificate of IDounderiee Ro. 138) to 3/4 inch pipe i» concrete marked V; 12. 238. 06' 1S' 308.36 Eeet alo»9 R. P. 5247, L. C. Aw , 7490 to Polapola to • 3/4 inch Dipe in co»crote marked F•lK YV; . 1 13. 213.13' 1S' 70.13 test alo»q R. p. 5247, L. C. Aw 7490 to Polapola to • 3/4 inch pips in concrote aaark®d I4~ III: 14. 338. 46' SS• 136.89 feint e1o»q L. C. Aw. 8218 to j Ikmiki to a 3/4 inch pipe , 1» concrete) 15. 249. 30' 4S• 649.64 f®et along L. C. Aw. 8218 t0 Ikeiki to a 3/4 i»ch pipe i» co»crete: 16. 1S4. 08. 4S' 132.23 tmet along L. C. Aw. 8218 to Ikeiki to a 3/4 inch pip¢ in co»creta; 12 21453 307 17, 264. 29. 15' 35.66 felt along R. P. 7587, L. C. Aw. 11216, Apana 36 to M. Xekauonohi (Certificate of Boundariea No. 138) to a 3/4 inch pipe in concrete marked 1~Y V; 18. 334. OB' 45' 236.21 feet along Grant 3022, Apana 1 to Xalus to a 3/4 inch pipe in conereee; 14. 336. 55' 45' 211.6a feet along R. P. 5230, L. C. Aw 7870 to Xamohsi to a 3/4 inch pipe in concrete; 20. 337. 1B' 05' 310.55 flat along the remainder of R. P. 6855, L. C, Aw. 9971, Apana 9 to W. P. Leleiohoku (Certificate of Boundaries Ro. 27) to a 3/4 inch pipe in concrete; 21. 345. 12' 3S' 149.38 leer along the remainder of R. P, 6855, L. C. Aw. 9971, Apana 9 to M. P. Leleiohoku (Certificate of Boundaries ~ Eao. 27) to a 3/4 inch pipe in conezates 22. 349. 14' 20• 133.64 feet along the remainder of R. P. 6855, L. C. Aw. 9971, Apana 9 to w. P, Leleiohoku ~ (Certificate o! Houndaries S! . 880. 27) to the point of ~j" beginning and containing an Area of 27.131 Acres. A!1® being Eurthec identified as a portion of Parcel 6 ¦hown on Taal Map of tlae County of Hawaii, Zone 7, Smction - 4, Plat 6, being a portion o! the presaisea conveyed 4ay Ezchenge D®ed of Lanihau, dated iebruacy 2S, 1981, to Harold 8. Mrigiat, L. AadcllEfe O:®eneoell, Robezt F. ~ireenwell and Jassaes M. do®enaseil, Trust®es of Pelani Land Trust iI, recorded in tlae iursau 1n Liber 15813, Pago 738= BUBJACT, ltoraEVEA, to all eziatinq encumbrances, including, but not limited to, 6esexAent •A' (60 !t. wide) Eor roadway grad utility pucpoaea, mote particularly described as Lollowa: ~ 13 nmmm _ IW ~YYN 2145 ^ 3 3oS Beginning at the Southeast corner of this parcel of land the direct azimuth and distsnea from a 3/4 inch pipe in concrete at the end of course 20 of the above described parcel being 157. 18' OS' e3.4S feet and running by azimuths measured c]ockwise from True South: 1. 7S• 30' 4S' 1372.62 feet along the remainder of R. P. 6555. L. C. Aw. 9971, Apana 9 t0 9't. P. Lelaiohoku (Certificate of Boundaries NO. 27); 4 1'henee along the remainder of A. P. 6855, L. C. Aw 9971, Apana 9 to W. P. Lelaiohoku . ~ tCertilicate of Boundaries No. 27) on a curve to thm felt witR a radius of 270.00 tact, the chord asimuth and distance being: 62• 2a' 1S' 122.47 feet: 3. 139. 17• a5~ 60.00 leer along the remainder o! t' R. t. SBSS, L. C. Ate. 4971, v. Apana 9 to M. P. Lelaiohoku ~t. (Certificate of Boundaries 1V®. 27) a. Thence along Lot 9 of •ROnokohau 2nd SuDdlvision' on a "H curve to the right with a y~-, radius o! 330.00 feet, the chord asiefluth and distance being: K.:? 2a2. 24• 1s• 149.es tact; i „ S. 2SS• 30' a:• 1363.96 lmet along the r®mainder of i ~ A. P. 6lSS, L. C. Aw. 9971, , ~ Apana 9 to M. P. Leielohoku t (Cartifiaate o! Boundaries Bo. 27)s i i. 337• le' OS• 60.62 lmet along the retflainder of R. P. 6a SS, L. C. Aw. 9471. ' Apana 9 to M, p, Lelaiohoku . (Certificate o! Boundaries No. 27) to the point o! ' haginninq and coniaininq an ' Area of 1.074 Aerea. i ~aCrivtiofl O! PAEtCSL FOUATW B (Roadway) 1 A11 of that certain property (lacing a portion o! 1; Aoyal Patent Nuwtber 68SS, Land Commission Award Number 9971, Apana 9 to W. P. Leileiohoku (Cartf irate o! 6oundariea No. 14 ~~ly G~~~nwell P.o. s~rX 1779 1;allua-Ko~oa HI 96745 Pharos (808) 329-2774 November 28, 2001 T°0: County Planning Commussion Dear Commission Member. Please accept nsy apology for not being present at the Dec. 6th hearing. My family is leaving for the mainland and we are not able to adjust our schedule. As my counsel will relay, we have considered the issues involved in re-zoning 27 acres in Honokohau II so that the impact of doing so should have no negative effect on either the neighbors or the coniinuniry My counsel will be open to discuss and have the authority to resolve any concerns that ~:y arise and hopefully reach a consensus that is fair to all. Sincere y, Kelly r ell Rc' d att y ' by ~l~' d 1 T JN~v'~F M'adp, 4~•• ~ Christopher J. Yuen Harry Kim Ma}~or \ • --.._mm_ Director ,TE•OF~N~''~'1 Roy R. Takemoto Deputy Director (~.~uxt~~r ~xfiax~ ri PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 December 4, 2001 Steven Lim, Esq. Carlsmith Ball, LLP P. O. Box 1720 Hilo, HI 96720 Change of Zone Application No. (REZ 01-010) Applicant: Robert K. Greenwell and Lou Ellen Lambert Subject: Old Mauka Government Road Tax Map Key: 7-4-006:006 I.4 w ~ W... yl This is to acknowledge receipt of your letter dated Oe~l~, 2001 which provided, among other things, supplemental documents regarding evidence that you believe proves that your client owns the "Old Mauka Government Road" at the mauka end of this property. If we understand your client's position correctly, it is that during the Territorial period, the Old Mauka Government Road was obtained by his predecessor in exchange for the present (lower) road alignment. If this is the case, there should be some formal documentation, such as an exchange deed to validate this transaction. It is our position that the documents you submitted do not demonstrate that ownership of the Old Mauka Government Road passed from the government to your client or his predecessors in interest. Although we have not reviewed the history of all Hawaii statutes regarding the sale or transfer of government roads, we are fairly sure that a government road cannot pass into private hands without a deed from the Territory, State, or County (depending upon who was the fee owner.) We would consider acceptable, evidence of any action quieting title to which the appropriate governmental body was a party, or otherwise bound. You furnished the decree in a partition action that settled the ownership between various private parties, but these documents do not indicate that the state or county were parties for the purpose of quieting title. In Marks v. Ah Nee, 48 Haw.92 (1964) the Hawaii . Steven Lim, Esq. Carlsmith Ball, LLP Page 2 December 4, 2001 Supreme Court held the State's interest in a government road could not be adjudicated in a partition suit without its express consent. Unless you can show legal authority otherwise, we cannot regard the Planning Department's prior approval of a subdivision pursuant to a partition, as waiving the government's possible claim to a road, absent any proof that the government's ownership was actually adjudicated during the partition. It may happen from time to time that the Planning Department approves a subdivision whereby there is located a government road or some other right-of--way, without showing the existence of the road. This kind of error cannot extinguish the government's rights in the road. The ownership of the Old Mauka Government Road has become an issue because it is part of the area proposed for rezoning. If it is not owned by your client, then he cannot apply for it to be rezoned without the consent of the landowner. In addition, we cannot count areas within the Old Mauka Government Road as part of your client's lots, for the purposes of establishing the minimum lot size, if he does not own it. We would prefer that this matter be cleared up if possible. It may well be that your client is correct, as the documentation submitted certainly raises the possibility that something happened to the title of this road in the past. I will be sending the information you provided to Corporation Counsel for further review. If you have any further documentation that demonstrates that the Old Mauka Government Road was transferred to your client or his predecessors, or that title was quieted, we will be happy to consider it. Should you have any questions regarding this matter, please contact Susan Gagorik or Alice Kawaha at 961-8288. Sincer/ely CHRISTOPPIER J. YL7E7~ Planning Director SKG:pak p:lwpwin 60~susanV LimGreenwellroadskg Steven Lim, Esq. Carlsmith Ball, LLP Page 3 December 2001 cc: Robert Triantos, Esq. cc w/ltr Ivan Torigoe, Esq. Planning Commission Kona Planning J~t'~'~F N,It. Harry Kim h~, ~ ~ Christopher I. Yuen A~ayor ` Drrector ar ~ ' ''E~o='H~'" • Roy R. Takemoto d~ Deputy Drrector ~.1~1X1T~~t xr~ ~Y~~%it PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-5742 December 17, 2001 Steven Lim, Esq. Carlsmith Ball, LLP P. O. Box 686 Hilo, HI 96720 Change of Zone Application No. (REZ 01-010) Applicant: Robert K. Greenwell and Lou Ellen La>znbert Subject: Old Mauka Government Road Tax Map Key: 7-4-006:006 This is to follow up on our letter dated December ~d, 2001, acknowledge receipt of your letter dated October 19, 2001, which we stated provided evidence that you believe proves that your client owns the "Old Mauka Government Road" at the mauka end of this property. This is correct our reference to acknowledging receipt of your November 21, 2001 letter which covers the subject discussion and not the October 19, 2001 letter. We apologize for any inconvenience this may have caused you. Should you have any questions, please contact Susan Gagorik or Alice Kawaha at 961-8288. Sincerely, CHRISTOPHER ~'iJEN Planning Director SKG:pak p:\wpwin60lsusan\1Li mGreenwe l lroad2 skg r fi' ' r-az #~s 'S• - 4 ~ _ _ Steven Lim, Esq. Carlsmith Ball, LLP Page 2 December 17, 2001 cc: Robert Triantos, Esq. cc w/Itr Ivan Torigoe, Esq. Planning Commission Kona Planning JN?'~'~F M~!i. G~ ,9, Harry Kim ~ • Christopher J. Yuen Mayor = Drrector e,.;. ~'~'N~'' Roy R. Takemoto Deputy Drrector PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 December 27, 2001 Steven Lim, Esq. Carlsmith Ball, LLP P. O. Box 686 Hilo, HI 96720 Change of Zone Application No. (REZ 01-010) Applicant: Robert K. Greenvvell and Lou Ellen Lambert Subject: Old Mauka Government Road Tax Map Key: 7-4-006:006 This is to follow up on the subject change of zone application, that your clients have included as a part of their land in the above-referenced change of zone application, specifically with regard to the Old Mauka Government Road. Since we believe that insufficient evidence has been provided regarding ownership of the road, we can proceed only under the condition that the Old Mauka Government Road be deleted from your request. We will act under the assumption that the Old Mauka Government Road is a government road until further documentation is provided to prove otherwise. Should you decide to proceed under this condition, please submit revised metes and bounds, in written and map form, to reflect changes. We will forward these revised changes to agencies for their information and review. Steven Lim, Esq. Carlsmith Ball, LLP Page 2 December 27, 2001 Please submit any additional information that you gather regarding the ownership of the road, so that we may continue to work on clearing up this matter. Sincerely, CHRISTOPHER J. YL'EN Planning Director SKG:cps p :\wpwin 601susan \pckona211LimGreen we 113 skg cc: Robert Triantos, Esq. cc w/ltr Ivan Torigoe, Esq. Planning Commission Planning Dept. -Kona CARLSMITH BALL LLP A LIMITED LIABILITY LA W PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 ~-IILO, HAWAII 96721-0686 TELEPHONE (808) 935-6644 FAX (808) 935-7975 W W W.CARLSMITH.COM DIRECT DIAL NO. E-MAIL (808)935-6644 SLIM@CARLSMITH.COA9 January 3, 2002 Christopher J. Yuen Planning Director 25 Aupuni Street, Room 109 Hilo, HI 96720 Re: Change of Zone Application No. (REZ 01-010) Applicant: Robert K. Greenwell and Lou Ellen Lambert Su~ect: Old Mauka Government Road Dear Mr. Yuen: In response to your December 4, 2001 letter which informed us that you believe ownership of the Old Mauka Government Road is still unclear, and in light of the time and considerable expense which will be required to clarify ownership of the Old Mauka Government Road, this will inform you that the applicants Robert K. Greenwell and Lou Ellen Lambert are hereby withdrawing from consideration in this rezoning the land area covered by the Old Mauka Government Road, and will be submitting revised metes and bonds descriptions of the proposed area for rezoning to your department. If you have any questions, please contact me. Very truly yours, Steven S. C. SSL:Iah cc: Robert K. Greenwell 2018192.1.024604-00004 ~ I~ HONOLULU KAPOLEI HILO KONA MAUI ~ GUAM ~ SAIPAN LOS ANGELES ~ WASHINGTON, D.C. MExlco CAI~LSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 ~4 P.O. Box 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 L• - W W W.CARLSMITH.COM January 14, 2002 Mrs. Geraldine M. Giffin, Chairperson County of 1-Iawaii Planning Commission Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 ATTEN~'ION: SUSAN GAGORII~ Re: Revised Metes and Bounds Description in Map and Written Form APPLICATION FOR CI3ANGE OF ZONE Applicant: Robert I~elshaw Greenwell Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP Owners: Robert I~elshaw Greenwell ~c Lou Ellen Lambert Request: Change of Zone from Agricultura120-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot family agricultural subdivision. Tax Map Ivey: 7-4-006: 006 Dear Chairperson Giffin & Mr. Yuen: As requested by the Planning Director in his letter of December 4, 2001, we have enclosed for the Applicant's, one (1 } set of the revised metes and bounds description in written and map form showing the removal of the old government road from the change of zone application, which reduces the amount of area being requested by the Applicant, from 27.131 acres to 26.198 acres fora (FA-1 a) zoning designation. HONOLULU - 1~4POLEI HILO - BONA - M4UI - CU.4M - SAIPAIJ - LOS ANGELES ~ WASHINGTON, ~.C MEXICO ~~'~c~~!~Pe~ Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 14, 2002 Page 2 In addition, the Applicant is agreeable to a condition of approval being placed in a favorable recommendation to the Planning Commission which would state that when the Applicants submit their subdivision application, the consolidation and resubdivision of the existing above-referenced property approved under Subdivision No. 4031 approved on January 4, 1978, Subdivision No. 4374 on October 15, 1979 and Subdivision No. 4654 on June 26, 1981 will exclude the old ~overnrnent road as a separate lot to be consolidated with the existing old overnrnent road to its on final configuration. Upon securing of Final Subdivision Approval, the Applicants shall convey by deed this portion of the old government road back to the County pursuant to Chapter 264 I-1RS. Thank you for your patience and cooperation on this matter. Should you have any questions, please call me. Very tru. ~ urs, Robert D. Triantos RDT:rhy Enclosures cc: Robert Greenwell 40 87181.1.024604-00004 #12414.1 POR. LOT 10-B PROPOSED CHANGE OF BONING DESIGNATION OF PORTION OF LOT 10-B FROM A-20a TO FA-1a Land situated approximately 850 feet Easterly of Mamalahoa Highway at Honokohau 2nd, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 10-13; and Royal Patent 6855, Land Commission Award 9971, Apana 9 to William Pitt Leleiohoku. Beginning at the Southwesterly corner of this parcel of land, being also the Southeasterly corner of Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona and being a point on the Northerly boundary of Grant 3456 to George McDougall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA"being 21,005.96feet South and 4,984.95feet West and running by azimuths measured clockwise from True South: 1. 164° 03' 31" 161.20 feet along Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona to a point; 2. 74° 03' 31" 111.27 feet along Royal Patent 7766, Land Commission Award 7890, Apana 1 to Kukona to a point; 3. 154° 35' 774.88 feet along Lot 10-A, along the remainder of Lot 10-B (Road Portion) along Lots 9 and 8 of Honokohau 2nd Subdivision and along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to William Pitt Leleiohoku to a point; Thence, for the next ten (10) courses following along the remainder of Royal Patent 6855, Land Commission Award 9971, Apana 9 to William Pitt Leleiohoku: 4. 268° 09' 45" 346.75 feet to a point; 5. 238° 06' 15" 308.36 feet to a point; 6. 213° 13' 15" 70.13 feet to a point; #12414.1 Page 1 of 2 WES THOMAS .4SSOClATES -Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, i-lawaii 96740-1817 . #12414.1 POR. LOT 10-B 7. 338° 46' S5" 136.89 feet to a point; 8. 249° 10' 45" 649.64 feet to a point; Thence, for the next five (5) courses following along the remainder of Lot 10-5: 9. 332° 05' 10" 95.69 feet to a point; 10. 336° 55' 45" 210.81 feet to a point; 11. 337° 18' 05" 308.38 feet to a point; 12. 345° 12' 35" 146.25 feet to a point; 13. 349° 14' 20" 135.88 feet to a point; 14. 74° 03' 31" 1,173.97 feet along Grant 3456 to George Mc®ougall to the point of beginning and containing an area of 26.198 Acres. rr'' yy~~~s^~~_,- . ' _ WES THOMAS ASSOCIATES U rf:p.7,"~~ .jay _ 7 _ } 1 ~ /r ~ rystal Thomas Ya i ~v ~ ' _ Licensed Professional Land Surveyor . ti~ ~ ` ~ State of Hawaii Certificate IVo. LS-4331 75-5749 Kalawa Stree Kailua-Kona, Hawaii 96740-1817 TtitK: 7-4-06: portion 06 (3rd ®ivision) June 3, 2001 Revised: January 10, 2002 #12414.1 Page 2 of 2 WES THOMAS ASSOCIATES - Larrd Surveyors - 75-5749 Kalawa Street, Kailua-Kona, !-lawaii 96740-1817 . . m M f6 Q ch N ~ Q ~ O u-- Q f0 CV M N l~ M N M C6 (0 N N CO if O LL U M~ Q r i°' Q r Q r- N N N r 1~ M~ ~ ~ ~ LL Id_ ~ ~ lL LPL. L~6. u' ~ Lal. U l~ ~ ~ O O O O ~ ~ O~~ O O O O~ O O~ O O O O Q N O O W W O O O CO CCi ~ l~ O CU (0 ~ O M N to Lf~ r M N~ In Q~ M Lf) In O. ~ ~ Q Q Q Q Q Q Q Q Q ~ Q Q Q Q ~ N CU U ~ ~ U d' CA N (6 CA O U y to p to t0 CA N N O N N N CU N N O <u CU N N N CU U C6 U U N N U U U U U r U U N E O N B~ N U r (YS f0 fB l~ O M N N t9 ~ N C71 N~ C S U~ O W~ O 00 ~ ti CND ~ N tf) ~ O O CO r N r C10 O v~- 00 ~7 O Q N r I~ N N M N c}' ~ ~ CD r CO C'7 C6 _ C O ~ f0 C G O f0 C CO O O ~ ~ ~ ~ ~ r p ~ ~ CO ~ ~ O O ~ ~ ~ ~O~Y e•~~~~~ ~ O (v fn O (n (n O ~ ~ ~ ~ ~ Y ~ ve Z 0. c0 ~ Z . 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M ~ ~ N N ~ ~ N . ~ N N . ~ ~ In I~ I~ N I~ M M CD f~ CD r N L1") r N M d' LI') CD I~ C10 O O r N M~~ CO I I ¦ r a~ r- r-- r r r / ~ ~ r--~~ ~ ~ O ~ ~ ~ o ~ '~1 o u \ ~y \ y 1 V ` G ~ / ~ ~ ~ 1 l \ \\i O ~ ~ ~ ~ - tef ~ ~ ~ . _ a, ~ \ \ `y I . - ~ -i 1 I ~ \ a+ - ~ \ ~ ~ ~ _ ~malaho~ ~ .o ~ o ~ 1\ ~ l B~°l~~ N O O N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J o ~ _ ~ 3 C7 c ~ ' ~ Y a~i OF WA7Egs Gam` ~ OY r~ a i. '9 <y ~~Pe~F2°f'MENT 01= W,47EF2 ~UP9'I,sY COUN°1'Y OP 1°1~WAI1 oG?T:: ~$P 345 KEKUANAOA STREET, SUITE 20 HILO. HAWAII 96720 - 9F HAW RN. TELEPHONE 18081 961-8050 FAX 18081 961-8657 October 25, 2001 - - - TO: Mr. Christopher J. Yuen, Planning Director , Planning Department FROM: Milton D. Pavao, Manager SUB,TECT: CIIANGE OF ZONE APPLICATION NO. (IZEZ 01-010) APPLICANT ~ 1ZODE12T I~. G1tEENWELL AND LOU ELLEN LAM)BEItT TA7~ MAP I~EY: 7-4-1806:006 We have reviewed the subject application for the proposed change of zone and have the following comments. The water availability guidelines in the area, which are subject to change, are 1 unit for an existing parcel with 6 additional units allotted through a change of zone or a total of only 7 units available for the subject 23-lot application. However, the applicant, through a prior understanding with the Department of Water Supply (DWS), is eligible for only 15 units that could be assigned to this parcel. An agreement to formalize this is in the process of being finalized, subject to the approval of the Water Board that is scheduled to meet on November 27, 2001. In other words, only 7 units are presently available for this application and an additional 15 units for the proposed application will only be available upon the Board's approval of the above-mentioned agreement. Further, the DWS system can provide water service to only a portion of the lot, which will necessitate the reconfiguration of the proposed lots such that only one lot is beyond the DWS service limit of elevation 1,603 feet. The applicant, through this letter, is being informed that because of this, it may result in fewer lots being created. Should a change of zone be granted, then an official water commitment could be effected for the 6 additional units of water in accordance with the Water Commitment Guidelines Policy. A water commitment deposit of $900.00 must be remitted in accordance with the Department's Water Commitment Guidelines Policy, a copy of which is attached to the applicant's copy of this memorandum. The commitment will be in writing with specific conditions and effective dates stated. The applicant needs to keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is offs ~e>water availability is subject to change depending on the water situation. i I/Vater briv~c~~ rro~Cre~~... _ Mr. Christopher J. Yuen, Planning Director Page 2 October 25, 2001 Should there be any questions, the applicant may contact our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, Milton D. Pavao, P.E. Manager _ BCM:jkh copy - (w/enc.) Mr. Robert K. Greenwell and Ms. Lou Ellen Lambert (w/o enc.} Robert Triantos, Esq., Carismith Ball LLP f~:WA7Eq B-± „i C e ~ l9 L~EP~?PTfe/IEN°i" OP WAT~F2 SUPP~,Y COUNTY OF H~.W,AiI fy aY 'e 345 KEKUANAOA STREET, SUITE 20 HILO. HAWAII 96720 ::p MAW P.. TELEPHONE (8081 961-8050 FAX,{808..1.961;,8657 November 30, 2001 L~ _ TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION NO. (REZ 01-010) APPLICANT ®ROBERT I~. GREENWELL AND LOU ELLEN LAMBERT TAX MAP I~EY: 7-4-006:006 The Water Soard at its November 27, 2001, meeting approved an agreement with the applicant and so they now have an additional 15 units for the subject parcel. Under the water availability guidelines in the area, which are subject to change, there is 1 unit for an existing parcel with 6 additional units allotted through a change of zone for a total of 7 units. Therefore, there are a total of 22 units of water available for the subject 23-lot application. Should a change of zone be granted, then an official water commitment could be effected for the 6 additional units of water in accordance with the Water Commitment Guidelines Policy. A water commitment deposit of $900.00 must be remitted in accordance with the Department's Water Commitment Guidelines Policy, a copy of which was earlier sent to applicant. The commitment will be in writing with specific conditions and effective dates stated. The applicant needs to keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability for the 6 additional units is subject to change depending on the water situation. Further, the Department of Water Supply system can provide water service to only a portion of the subject parcel, which will necessitate the reconfiguration of the proposed lots such that only one lot is beyond the DWS service limit of elevation 1,603 feet. This information was earlier sent to the applicant. Lastly, a portion of the subject parcel is within 1,000 feet of the Department's Honokohau drinking water well on Tax Map Key 7-4-005:006. By a copy of this memo, we are notifying both the applicant and the Department of Health of this fact. UVuter brin~C~ rro~Cre~~... Mr. Christopher J. Yuen, Planning Director Page 2 November 30, 2001 Should there be any questions, the applicant may contact our Water Resources and Planning Branch at 961-8070, extension 1. Sincerely yours, t Milto D. avao, P.E. Man ger BCM:jkh 1_ copy - Mr. Robert K. Greenwell and Ms. Lou Ellen Lambert Robert Triantos, Esq., Carlsmith Ball LLP Mr. Aaron Ueno, Department of Health . CARLSMIT~-I .~A~LL LLP A LIMITED LIABILITY LA W PARTNERSHIP 75-1000 HENRY STREET, SUITE 209 - ' P.O. Box 1720 , KAILUA-KONA, HAWAII 96745-1720 ~ TELEPHONE (808) 329-6464 FAX (808) 329-9450 WWW.CARLSMITH.COM v.. December 4, 2001 Mrs. Geraldine M. Giffin, Chairperson County of Hawaii Planning Commission Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 ATTENTION: SUSAN GAGORIK Re: Applicants response Department of Realth, Department of Water Supply comments APPLICATION FOR CIIANGE OF ZONE Applicant: Robert I{elshaw Greenwell Agent: Robert D. Triantos, Esq., Carlsmith Ball LLP Owners: Robert I~elshaw Greenwell Lou Ellen Lambert Request: Change of Zone from Agricultura120-acre (A-20a) to Family Agriculture 1-acre (FA-la) to allow the development of an 23 lot family agricultural subdivision. Tax 1!'IaP I~~: 7-4-006: 006 Dear Chairperson Giffin & Mr. Yuen: We have enclosed the Applicant's response to the above-referenced agencies comments as requested: Department of Water Supply Memorandum of November 30, 2001: Applicant's Response: On November 27, 2001, the Water Board approved an agreement with the Applicant that provides a total of 22 units of water to the above-referenced property. The Applicant intends to develop the property is approximately 2 or 3 increments in order to comply with the Department of Water Supply's requirements as related in their memorandum. As such, the Applicant will continue to work with the Department of HONOLULU KAPOLEI ~ HILO ~ KONA - MAUI ~ GU $AIPAtJ ~ LOS ANGELES - WASHINGTON, D.C MEXICO ' ~ Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director December 4, 2001 Page 2 Water Supply to ensure that all increments of the subdivision has the necessary water units available to each lot. With respect to the Individual Wastewater System issue, we have enclosed a copy of a letter that was marked as Exhibit D in the Environmental Report. This letter dated February 1, 2001 is from the Department of Water Supply which was for a Request for Determination-Source Water Quality Impact Assessment Individual Wastewater Systems (IWS) for the proposed Change of Zone application. The Department of Water Supply states in their letter that "...the I)e_partment concludes that individual wastewater systems should not pose an adverse impact to the source water qualm. however to ensure that the potential of contarrflinatin~ this valuable resource is rrainirnized, we ask that each DVS be located as far as possible, both horizontally and rreakai frorrr Honokohau well~in each proposed lot." By copy of this letter, we shall provide the State Department of Health with the Department of Water Supply's Water Quality Source Assessment analysis dated February 1, 2001. We hope that this response adequately addresses the issues commented by the above-referenced agencies and look forward to your support for the above-referenced project. Should you have any questions, please call me. V truly s, Ro ert D. Trianto RDT:rhy cc: State Department of I-Iealth ~ Department of Water Supply Enc: 408625 5.1.024604-00004 ~6 ~Elfp o a t 9 +•D • ~J~PAFZTMENT OF WAT'~~ SUPPLY COUNTY OP' t'-iAWAII o ay ~ 25 AUPUNI STREET HILL i7A'r•/:: 967x? r~ OF HmWp~~'~e~ TELEPHONE i808j 9F'-^c5C -:.X 9c""' cc=- February 1, 2001 Ms. Robert D. Triantos Carlsmith Ball, LLP 75-1000 Henry Street, Suite 209 Kaiiua-Kona, HI 96745 Rr,llvr.ST r VF. i~~ i Eria`ii~'ti i iVl~-SvL,T;nC.'"s. `':'c's i ii: ~'L/caii i i' :lill t9~ i a9?~SJ~v~I:IL'~i~i'i` INDIVIDUAL WASTE~Z ATEI2 SYSTEMS (IWS) ~'OR PROPOSED CHANGE OF ZONE/SUBDIVISION TAX MAP I{EY: 7-•I-006:006 The following well information is known based on data on file at our Department: ¦ Honokohau Well most likely taps ahigh-level aquifer with static water elevation, approximately 1,565 feet below ground (115 feet above mean sea level). ¦ The well was constructed with more than 1,500 feet ofcement-grouted annular space. ¦ Geologic features based on drilling logs may indicate layer(s) of low permeability (Engineering Report by Inaba Engineering, Inc., March 1998). Your drawings indicate that the subject parcel is located immediately adjacent to and down gradient from the Department's well site. Based on the information above, the Department concludes that individual wastewater systems should not pose an adverse impact to the source water quality. However, to further ensure that the potential of contaminating this valuable water source is minimized, we ask that each IWS be located as far as possible, both horizontally and makai from Honokohau Well, in each proposed lot. If you have any questions. please contact Mr. Keith Okamoto of our Water Quality Assurance and Control Branch at 961-8670. Sincerely yours, Milton D. Pavan. P.E. Manager KKO: gms ._r,. October 29, 2001 Notes for Public Hearing on Change of zone application for TMK 7-4-006:006 By Kim Evans I have an undivided interest in the 65 sere parcel directly mauka and bordering the subject property. I live above the 65 acres, and my legal access is through both the 65 acre parcel and the 27 acre subject property. I have a different philosophy toward land development in this area. If land is designated for Agricultural use, let it be just that. I don't believe that the Family Agriculture designation was intended for this type of situation. Although I could benefit from the rezoning of the 27 acre parcel and use it as an argument for rezoning the 65 acres for my own monetary gains, I am absolutely opposed to this zone change and the increased housing density that it would bring to the area. I am also concerned about the old government road ,that seems to be gradually disappearing. Perhaps my view is different because I am actually livuag in the immediate area, unlike the applicant, who may not ever live there himself. I will be left to live with whatever fs created an my neighborhood, as will the others living immediately below. Those who travel the surrounding roads will also have to contend with the effects of this proposal. This application for change of zone lacks planning, lacks consideration to the surrounding community. The applicant has been involved in agriculture for years, and should know what the agricultural possibilities are on 1 acre, and what they are nom. it is my opinion, after reviewing the application, that the primary reasons for rezoning this acreage to smaller parcels will benefit the applicant far more than it will benefit the community. It is not beneficial to the community to subdivide without proper planning. It is unwise to approve rezoning without plans for adequate infrastructure. One cannot make a positive impact on the community just by cutting up land into smaller parcels, simply to make them available. i2Ve should expect more from those who baps to benefit li-om the approval of a rezoning change. The burden should be on the applicant to show how they will make a contribution to the housing options in the area and to the surrounding c®mmunity that already exists; dividing land into 1 acre parcels on a map with inappropriate zoning and minimum consideration for the impact on the community, does not constitute adequate planning Coaacee°ns almut g~aating reao~aing classil'BCa~n to FA-la: The proposed lets are too small to allow for agricufltural use. The zoning classification gives landowner far too many options that are not appropriate for the area or for the size of tot proposed. By the time the `Farm Dwelling" and access®ry structures are built, and the cesspoal, garage and driveway are in, and with the required setbacks, there won't be much land left to support agriculture. The ratio of living area to useable agricultural property must he considered. The followiaag permitted uses of Family Agricultural Districts are inappropriate for this parcel: Animal Hospitals, cemeteries, Farm Dwellings, Group living facilities, livestock, boarding stables ,roadside stands, telecommunications antennas, 0%terinary estabflishments. Addetionally, options are available for use permits and special use permits for Adult Day Care homes, Bed and breakfasts, Golf Courses, Day Care centers, Sanitariums, major outdoor amusements and recreation facilities and mortuaries. These activities are also inappropriate, as they have very little to do with agriculture. I was told by someone in the Planning Department that there is a difference between a Farm Dwelling and an Ohana unit, but it is stated in the in the peetnitted uses that Ohana dwellings are permitted also. This doesn't make sasses tome. It seems as though the justification for 1 acre, is that the property below is 1 acre. An opposing argument could be made for larger lots, as the property above and on either side is significantly larger. The property above it is 65+, zoned Ag 10, the properties on the Alorth and South borders are significantly larger than 1 sere, and not zoned 1 acre. There maybe certain property owners in the area who may wish to apply for a change of zone if this request is granted, using the same argument in this application. (It may be of interest to note that the agent for the applicant owns property that borders the proposed subdivision, and there is a potential conflict of interest here that should be brought to light.) There have been 2 accidents in the last week that have closed Palani Road to thru traffic. Traffic at Palani Junction is very congested. Turning lef$ on Palani Road from Iviamalahoa Highway at any time, but especially in the mornings, can take an additional 5-10 minutes of waiting for a safe break in the traffic. Construction would certainly have an impact on the wild animals that Live in the area. 'These animals include ring neck pheasants, hawks, turkeys, owls and native birds. ~ ~ c d ati~ ~ t`titg by d &:::ad ~ . COPY CONCERNS W1TI'I .a1PP1<,~C'ATI®N ITSELF: 1 d) If flee applicant is not going to build houses, who is? Will this be left to the individual landowners who will eventusIly purchase the subdivided lots. What will the parameters be? WiII there be any, or is this just a plan to subdivide and sell -without any concern for the future of the project after the sale? 3. Alleviate the local housing situation sounds like a great idea, but it will also add to a traffic problem, create snore runoff it would be unsafe and also allows for inappropriate use of the land with the Family Agricultural zoning designation. I would argue that the shortage we are experiencing in housing at present is not due to a shortage in parcels, but a shortage of homes. One could argue that 1 lot would alleviate the local housing situation. What we need are houses to be planned, and planned well -not just rezoning, that would leave the enhancements up to the developer's scruples and the residual effects far the surrounding comereunity and flee County to deal with after the fact. There are very few people who will volunteer to spend any more money than they have to on improvements, unless they are required to do so before rezoning can be granted. I~ow is the applicant going to contribute to the community in the form of property improvements and infrastructure, and how will he minimize the impact of this development on the lifestyle enjoyed by the surrounding property owners. 6. a,b,c The applicant hasn't considered ANY of these questions? Certainly someone should look into the commodities that could be produced on the area of one acre that is left after the house, garage, driveway, cesspool seed setbacks are in place. I urge the planning Dept to do a bit of research in this area and look at other parcels with the same coning to see how many of those actually support agricultural use, and what the impact on those surrounding s;ammunities has been. bd.) The application states that the applicant is relying on definition of "Farm Dwellings" to assure agricultural use. I want to know what the applicant is going to do in addition to the "Perin Dwelling" classification. I would like to ace evidence of the applicant's effort to assure this land is used for agriculture. 7. There can be some very heavy rains in the area and the subject property is very steep. I would like to know how the applicant plans to protect the surrounding properties from run-off after construction is completed. 8. Perhaps the applicant does not think that the roads need improvement, but I certainly do. I drive up and down the road every day at least twice, and there is low visibility, it is steep and two cars can barely pass on it. I have had several close calls with large trucks when I have had to get off the road completely. A large truck coming down that road cannot stop in time to avoid a car. Who determines whether the road is adequate for the proposed traffic? What are the standards?. Peesently it is not safe -how coin it be safe with 23 additional homes on it? What we have here is an attempt to use a road built for the Water Department, that is inadequate for a subdivision. 9. Wit! all of these things be done privately? a. Isn't the school district already overloaded? b. Will flee road be brought up to county standards? The road leading up to it and the coed into the proposed subdivision should be dedicated to the County as a condition to ANY further activity on the property. e. police -private security? Our police are already overloaded. Will they have jurisdiction? £ Fire -private? Hydrants? g. public utilities - in place for the Water Dept -nut acceptable - should be underground. The folHowaag shaages sad eoadit'ioas siaoadd be I~aposed before say a®alag c6aages are c®asadered Dedicate the road leading to flee subject property to the County, and bring entire road up to county standards. Put the utility lines underground. (electrical poles were put in for the Department of Water Supply, not vv~th a subdivision th mind.) Limit the parcels to a 5 acre minimum, and do not allow the Family Agricultural designation here. Come up with a plan to control run ofF Limit the number of pets and/or livestock Consider the size of "fawn equipment" permitted, as the area is steep and unsafe for equipment to be brought up and down the road on a regular basis, and the parking of any equipment on the road should be prohibited. Limit the height of the structures to protect the views of the surrounding property owners. Include a specific beautification plan complete with landscaped entry and other common areas for the residents of that subdivision. Preserve the ®Id Mauka Government road A traffic signal at Palani .function should be installed, as it is overdue. The applicant is in the process of disputing the boundary on the Morth side of the subject property, This should be settled prior to any change of zone, as the configuration of lots would change as a result. How can one apply for a change of zone and summit a map of the proposed lot configurations, when he is not certain of the boundary line? I ask that consideration ofthis application be deferred until more information can be gathered and the concerns of those in the community can be addressed. I am requesting that there be an on-site inspection of the subject property, it's road and the roads surrounding it, and a traffic study done at Palani .function to determine the impact of adding any more vehicles to the already congested intersection. The Planning Department has a responsibility to the surrounding community to see that this application be more thorough, more specia~c, more appropriate; seed protects the individuals in the community and the rights of landowners that border these projects. To allow this to contiaaue through the approval process would be irresponsible. There is no downside to the community in delaying the request, but approving the request prematurely, would most certainfly create problems for surrounding property owners. Perhaps the applicant should take this application back to the drawing board with the community in mind this time around. This is a self -serving request. . a . y :e,` 8, Ox:: 'i.. ' . . .3,....3: ~ d~ i}; ~y~ y:dt, The above photo is a view from the top of the subject property, looking towards the South over Old Mauka Government Road. It should be noted that the view plane of the 65 acre parcel mauka of the subject property is already obstructed by utility lines, which should be moved underground. The views could be further obstructed by homes if there is no height limitation set for the proposed subdivision. The upper lots of the proposed subdivision are drawn to include this road. This brings into question how title will beheld on these lots, and what will happen to the Old Mauka Government Road. Two photos shown below: Road bisecting the subject property as one travels makai. Note the lack of visibility, the sharp curves, steep incline and insufficient width.. All of these factors make the road inadequate for a subdivision. ~ 5 ~1y h~'i,~j'A 'l~ IIJ ~ i' 11 u ~ ~ r P r - ~ . Q - ::~.k+w i 'O'~r~. u k ~ ~ o 9w ~ a~~ Ys'~ry,3 1.3rr ~q.., Y ~ i s ~ .3 ~ i, o ~ '4'f 55 ors ~ eY.- r' 3~eR_-i3'Te.`eLy v. ~.'Y418~;.:e~&~ . a ~ jj ~ 9 ~ Cf X r e' I. ?y.'S ry .f } L{: f . ~~rr ':'f::.... ,'t '.:,~,.,i:::' I r . ' r. : 4" : ::~'4'fiR:... v: ~:5:. 1c`":: Below: This is a view of the same road as it passes though the neighborhood below. This road must be dedicated to the county and brought up to County standards. The fire hydrant on the corner is the closest fire hydrant to the proposed subdivision, at approximately 500 feet from the closest proposed lot. ~3 J" y ,a_. O S ~ FF / . Y~ ~u~L~:~ Li W. 1 ~•yaQ-, SF ..,<:{yf i t' Fry' 1, . , . aouurr ~ ~k 1 ) 4~f4 L ~v ~ ..ry.y~.y ~ . t. y is. • . ~.x 2. y..... ~ k,~.;a, . ae. ~ ~ .r ry fi M Below: At the corner of Mamalahoa t-€ighway and the road leading up to the subject property, there are overgrown trees that obstruct the view of oncoming traffic from the South, the stop sign is not visible and has faded to white. The road is not painted, there is no street sign. The road is inadequate and unsafe. :1 ' . 4~. ~ •s i~ ~s sa µ ; ~ R. iX $ ~ ~ ~ qt Y R•k a~ x ~h < FOvX~{~~ A~~ { x. N~' ~ 4 rY 4k~' x fY ; ~ tv ~ ~ i ,....y u . Continued notes for hearing regarding Change of Zone Application (REZ 01-010) Thursday, December 6, 2001 at 9:OOam. By Kim Evans I would like to begin by stating that I am opposed to the rezoning of the subject property to FA-Ia, or any other size of Family Agricultural classification. I don't think that this classification is suited to large parcels, and I certainly don't think we need 23 of these parcels in our neighborhood. I listed in previous testimony the problems with this type of zoning, and hope that you have all had a chance to look over the copy I presented at the last hearing. I hope that there has been a site inspection of the property by members of the Planning Commission. There are still many unanswered questions and unresolved issues that must be addressed before any decision can be made, and I ask that there be further investigation into the ownership of the Old Mauka Government Road, the traffic problem, the inadequate road, the preservation of the z~i~s from the bordering properties, lack of specific planning and sufficient infrastructure, and the inappropriate zoning that is being requested. I would like to continue my testimony with concerns regarding the County Environmental Report What follows is a list of quotations and what concerns me about the wording in this report: 2. C®nf®rnna~ece of State anal C®uuty P9a®s 2.1 State Land Use Law "The proposed action will be improved small-scale lots, with residentiaUfarm dwelling and accessory uses, which is not contrary to the purposes of the State Land Use Law designation for the property." So, "not contrary" what does this mean? Why this word choice? 2.2 Hawaii State Plan This states that approving the requested rezoning should satisfy the following economic objectives: "encourages the growth and development of diversified agriculture....by making available agricultural suitable lands with adequate water to accommodate present and future needs. This property is already zoned agricultural. How is FA-1 a going to encourage the growth of diversified agriculture if it is not adding any more available agricultural land? The Water Department leas already granted 22 units. Has the owner himself been using this property for agricultural use? There may be adequate water for 27 acres, but does that justify cutting up the parcels? "..by utilizing vacant, undeveloped lands and providing opportunities for small scale agricultural activities.." Define `small scale' and why do we need so many structures on this? 2.3 Hawaii County General Plan `..by allowing for small-scale farming, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income." Whether a person is young or old, living alone or with a family, has a low or high income is not relevant. The words `young family' and `limited income' are in there to make it sound like the applicant is doing the community a favor. The truth is, agriculture could be considered feasible and diverse for just about anyone depending on perspective. Furthermore, this zoning would also allow many other undesirable alternatives and is far too diverse for this application. Many of the possible uses are so diverse that I can't see how they fit into the category of agriculture at all. "FA-1 a zoning and land use of adjacent parcels" Examples of these parcels should be provided. "retain the overall rural ambience..." How is rezoning from 20 acre agricultural use to 1 acre family agricultural classification retaining the rural ambience??? How can 23 - 46 additional homes and 46-92 vehicles retain the ambience? Broaden the region's economic base?? How specifically would this happen? Does the applicant have any examples?? Land Use Now we have a "mix of residential and small scale agricultural activities' and we are again given reference to "adjacent parcels" with FA-la zoning. I would like to know where these adjacent parcels are. Land Use Agriculture Again we have justification for this that the `proposed rezoning would complement the aforementioned policy by allowing for small-scale farming, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income". This is not an`appropriate location'. How is small scale farming feasible on a limited income? "Diversified Agricultural are highly desirable to Kona residents as a way to maintain the rural lifestyle and character of their communities." First of all, this is a generalization. Second, it is irrelevant. What is relevant in the C'reneral Plan are the words, "in appropriate locations". I have seen no concrete justification for this parcel being an appropriate location for the FA-1 a zoning. I don't think that that the FA-1 a zoning is what the surrounding residents find desirable. How diverse can agriculture be on 1 acre with a Earns dwelling and a residence? Environmental Quality "The project will not create any significant adverse effect on the environment." Define significant? What about run-off from the decrease in available land and increase in roof area? ...............sedimentation? Natural Beauty There are view planes to be considered even if the County of Hawaii doesn't list the property to have any Scenic view planes. What is the criteria for a Scenic view? Does this relate to individuals or to the public? The General Plan states that utilities should be put underground where feasible, and Yhat vies of surrounding areas must be preserved. "The Project would also make available an increase in the availability of 1 acre family agricultural lots." Is there a shortage? This area is not appropriate for FA-1 a. 3.1.2 Topography and Soils "The lass not been used for any agricultural activity and none is anticipated." What about family ag activities? The Project would not remove any of the property from being utilized for agricultural uses.... There would be no lands removed from the County of Hawaii's agricultural land inventory." Maybe on paper this is true of land zoned agriculture, but the reality is that not much agricultural will take place, and land will be lost to residences and infrastructure. 3.4 Socio-economic Resources Impacts and Mitigation "very low density agriculturally based residential use...' Low density? 4. Infrastructure, Public Facilities and Services 4.1 Access Impact and Mitigation "It is not anticipated that the proposed action will generate any significant daily vehicular trip counts along the private roadway which are generated by area residents.' How can one NOT anticipate a significant increase in traffic when so many parcels and dwellings are possible? The applicant needs to consider the long term effects on the rezoning classification, not what will happen in the days following the rezoning classification. 4.2 Water System Privately operated water system? How will this be set up? What standards are required for this? Have any plans been submitted? 5. Environmental Assessment and analysis 5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long Term Productivity The following statement contradicts the previous statements made by the applicant "While development of the property will remove the land from existing agricultural use, the agricultural productivity of the site is relatively low and there is an abundance of other lands available in the region that are better suited for such use. Developing the property for the intended rural residential use will provide the benefit of enlarging the inventory of rural residential property to this area. 6.1 No Action Alternative Based on the concerns mentioned in my testimony, The `no action alternative' is more attractive than inappropriate zoning with premature consideration. 6.2 Alternative Use "Infrastructure to serve the property is already in place to the project." This `infrastructure is minimal at best. The road and power lines were put in to access and service the Honokohau Well, not a subdivision. It would certainly be. Furthermore, no changes have been made to assist with traffic congestion on Mamalahoa Highway, Palani Road or Palani Junction. The area is already lacking adequate roadways, and traffic signals. These should be taken care of before any rezoning for proposed subdivisions is considered. Additionally, there must be some documentation regarding the ownership of the Old Mauka Government Road. Just because someone claims it under oath, doesn't dismiss the necessity of documentation. The applicant should be required to produce this documentation if he is claiming ownership of the road. This report is full of `feel good' phrases, `buzz words' and rhetoric that may sound persuasive at first, but has the potential to create problems for the surrounding community in the future. One must think long term and anticipate the consequences of approving this rezoning classification. The Planning Commission has a responsibility to address all of the concerns presented by the surrounding community. To defer this matter would allow time for this to occur. 1 11 ;t_ a~ I \ ` PETITION FOR REZONING PAGE 2 EXHIBIT C THEREFORE, NO EVIDENCE IS AVAILABLE TO IDENTIFY ANY VALUED CULTURAL, HISTORICAL, OR NATURAL RESOURCES IN THE PETITION AREA. THE LAND IS ONE OF THE MOST IMPORTANT THINGS TO THE HAWAIIANS. FROM THE LAND COMES ALL. THE PLANNING DEPT. HAS ALWAYS HELPED TO CARE FOR THE LAND AND RESOURCES OF THIS STATE. THE STATE LAND USE LAW HAS DIVIDED THE LANDS INTO FOUR LAND USE DISTRICTS: URBAN, RURAL, AGRICULTURAL OR CONSERVATION. HAWAII HAS ALWAYS BEEN A VERY UNIQUE PLACE. WE IN THE PAST HAVE ALL TRIED TO STRIVE FOR HARMONY BETWEEN THE LAND AND ITS PEOPLE. I FEEL THAT THE PLANNING DEPT. NEEDS TO PROTECT THE BALANCE BETWEEN MAN (DEVELOPMENT) AND NATURE WHICH IS AT THE MERCY AND WISDOM OF ALL OF US. OLD MAMALAHOA HWY AND HOLUALOA HAVE A VERY UNIQUE AND SPECIAL PLACE IN THE PAST OF HAWAII. IT NEEDS TO BE PRESERVED AS SUCH. OUR NEW GENERATION AND THE ONES TO COME NEED TO SEE AND BE A PART OF THE OLD WAY OF LIFE THAT IS EVER PRESENT IN THIS AREA. THIS AREA IS ALSO KNOWN AS UP COUNTRY KONA. PAGE 4 ECONOMIC ELEMENT: THE REQUESTED REQONING WOULD ALSO COMPLEMENT THE FA-1 A QONING AND LAND USE OF ADJACENT PARCELS AND HELP TO RETAIN THE OVERALL RURAL AMBIENCE. NOT WITH ALL THE USES THAT ARE STATED IN THE FA-1 A ZONING. LAND USE-AGRICULTURE RURAL-STYLE RESIDENTIAL-AGRECULTURAL DEVELOPMENTS SHOULD BE ENCOURAGED IN APPROPRIATE LOCATIONS. THIS IS NOT ONE. ENVIRONMENTAL QUALITY--- PAGE 6 MAINTAIN AND , IF FEASIBLE, IMPROVE THE EXISTING ENVIRONMENTA QUALITY OF THE ISLAND. NATURAL BEAUTY-- MAXIMIZE OPPORTUNITIES FOR PRESENT AND FUTURE GENERATIONS TO APPRECIATE AND ENJOY NATURAL AND SCENIC BEAAUTY. TOPOGRAPHY AND SOILS--- ITS OVERALL PRODUCTIVITY RATING FOR AGRICULTURAL USE IS RATED AS " E " OR "VERY POOR" BY THE LAND STUDY BUREAU. THE STATE DEPT OF AG LANDS OF IMPORTANT TO THE STATE OF HAWAII MAP DOES NOT CLASSIFY THE AREA AS CONTAINING LANDS OF IMPORTANCE TO AGRICULTURE. WHILE DEVELOPMENT OF THE PROPERTY WILL REMOVE THE LAND FROM EXISTING AGRICULTURAL USE, THE AGRICULTURAL PRODUCTIVITY OF THE SITE IS RELATIVELY LOW AND THERE IS AN ABUNDANCE OF OTHER LANDS AVAILABLE IN THE REGION THAT ARE BETTER SUITED FOR SUCH USE. AIR AND NOISE QUALITY-Page 11 THE PROPOSED ACTION WILL NOT ALTER THE AIR OR NOISE QUALITY OF THE REGION PIGS, DOGS,FERTILIZERS„CARS AND MACHINERY SOCIO-ECONOMIC RESOURCES-Page 12 THE POPULATION OF KONA HAS GROWN STEADILY SINCE 1965. 62.1 % FOR THE PERIOD OF 1980-1990 AND 28.1% FOR 1990-2000. DECLINE. PAGE 13-INFRASTRUCTURE IT IS NOT ANTICIPATED THAT THE PROPOSED ACTION WILL GENERATE ANY SIGNIFICANT DAILY VEHICULAR TRIP COUNTS ALONG THE PRIVATE ROADWAY WHICH ARE GENERATED BY AREA RESIDENTS. WITH 23 NEW HOME SITES THERE WILL MOST LIKELY BE 2 CARS PER HOUSEHOLD. THAT MAKES FOR 4b CARS MAKING AT LEAST 2 TRIPS UP AND DOWN THE ROAD BESIDES AND WORKERS, PATRONS OF BUSINESSES, ADDED DWELLINGS, FRIENDS AND FAMILIES. MAMALAHOA HWY THIS HIGHWAY IS SUBSTANDARD IN SIZE FOR THE AMOUNT OF TRAFFIC WE HAVE ALREADY. WITH THE IMPOSED REZONING IT NOT ONLY WILL CAUSE SUBSTAINTIAL TRAFFIC CONGESTION BUT BECAUSE THE ROAD IS VERY DANGEROUS WITH ITS MANY CURVES . CARS NOW DON'T STAY ON THEIR SIDE OF THE ROAD DUE TO SPEEDING AROUND THE CURVES. THIS NEW REZONING FA-lA IN MY OPINION IS TOO DIVERSIFIED IN WHAT CAN BE IMPLIMENTED BY PERMIT. IT IS SIMILAR TO A CHOP SHOP. A USEFUL THING OF BEAUTY IS DISTROYED FOR PARTS. Mr. and Mrs. Aaron W. Evans P.O. Box 9026 Kailua-Kona, HI 96745 _ . {808) 936-5220 January 24, 2002 Mr. Christopher J. Yuen Planning Director . 25 Aupuni Street, Room 109 j ,a Hilo, HI 96720 Dear Mr. Yuen, We are writing in response to h Department file on TMK 7-4-006:006. One letter is dated July 24, 2001and signed by Samuel K. Maunu and Maria Kealai Salinas. The other is dated August 2, 2001 and signed by Paulette Foglesong Roberson. Both letters mention an offer we made to purchase a parcel of land. From statements that were made in both letters, it is clear to us that there has been a misunderstanding as to our intent in making the offer, and also in our position regarding the past and future use of our land. We feel it necessary for the record that we respond. Prior to making our offer, we consulted with an attorney and a licensed realtor. We felt the offer was fair and the terms reasonable. At no time dad we ever intend to take advantage of anyone involved. Our intent was to purchase the property at a fair price on reasonable terms. Additionally, it needs to be noted that although there are owners of the Greenwell name in the immediate area, they are not acting collectively, but are independent of each other and don't necessarily shaze the same opinions, expectations or plans for their respective landholdings. We realiae that this information may not seem relevant to TMK 7-4-006:006, however we feel strongly that the misleading statements regarding our family, that are now a matter of public record, need to be addressed and responded to publicly as well. We would appreciate this letter being included in the file, and any other file containing the letters of reference. Sincerely, c~~~~ Kimberly G. Ev ~G- Aaron W. Evans cc Samuel K. Maunu Maria Kealai Salinas Paulette Foglesong Roberson 3 ~ °I=he undersigned neighboring persons are opposed to the Rte-honing Application (R~~- 01-®1®) by F~obert IC. Green~veli for ~ItAIC 7-4-6:6 from Agriculture (e4-20a) to "~arnily'° Agricultural (~A-1a) for approxirv~ately 27.131 acres of land. ~°he property is located adjacent and east of I<ai Subdivision, approximately 6®0 feet east of IUtamalahoa S~ighvvay and appro~mately one (1) mile southeast from the IUlamalahoa Higho?vay- Palani Load Junction, I°lonokohau li, North !Cone hlamvaii. Although each of the undersigned have varying reasons and priorities for their oppositions, they include the follo~nring: 1) Near absence of any other parcels with this novel zoning concept to provide a comparison and insight into the impact on this neighborhood. 2) T"otaPly dissimilar land usage and lifestyle profile from all surrounding neighbors, ?rvho have rural residences, pasture, and livelihoods that are not dependent on "productivity" of their homesites and property. 3} extensive list of possible land usages under proposed honing Change to PA 1 a create a broad range of light industrial/commercial opportunities for each of the x/23 nee~a or~vners. 4) Grossly misused, misleading and totalBy inaccurate use of an~rding in the honing ChangeApplication/County environmental I~eporlY a) C7rot~h and a~vel®panent ®f dio~erspfied ag~icu0ture... " Subject rezoning is none of this. Instead, it encourages maximum exploitation of each !ot for a subsistence'Ievel lifestyle from a vast array of non-agricultural possibilities (See section 2~-2 °permitted uses' under y~ ®ivi/saio~ng 6d.~,4, 1={amily,/4~g./ricultural ®is~t(ri/cs~ts,~(liaatsv®uaii 9C,~o/u~nnt®y ~oni~neg®). b) "...Vo/lP~f~senj ~ ~i"'9°!~ ~®n®n~ ~n6A 9~Anld McD`i ®~476IJGb6iGin~~~s \e6-i~s...n None of the undersigned wish to be "complemented$ by this type of rezoning, nor do they elvish license to change their current lifestyl®s to conform. c) "...retarn the ®verai/ rural arrPt7eance..." This a~vould only be possible veoith no further development of sort. d) "...faarmony wifh its social and physical environment..." Perhaps another nursery, kennel, chicken farm, etc., is needed in the neighborhood so eve can aIP "harmonize° with the Coqui frogs, barking dogs, roosters, etc. "...~9ro~n and<dtversify the re~i®n'S ~COnOenic ~9a'~5~...,, T'he proposed zoning change would lover surrounding property values, increase demand on all area resources, and encourage marginal enterprises eivith entry- ~ d subj~t to a high failure rate. Rc'd apt( ~ bg? ,d ltd ~t,i~ f) "...provide opportunity f®r a rnix of residential ancA s~ali-scale agricultural activities..." Again, one only has to revisit Section 25-5-62, "permitted uses' to realize the vast majority of those options have absolutely nothing to do with agriculture. g) "...massing divers~ed agriculture a feasitale endeavor for ties young family or resident with limited income. " None of us have anything against "young farniGes' or those of krnited income, but host "young families' here have both parents working with Kittle tirr~e for "divers~ed agriculture,' Also, to create the majority of "opportunities' listed in Section 25-5-62, one needs a fair amount of development capital, which is not typical of "young families' or those of lirr'ited incorroe. further, any lending institution would be reluctant to furnish capita! to such ventures where the applicant mould probably be t~aaxed out on the mortgage for their property and residence. h) "...potential lHOise, air quality or drainage impacts w®uId be reduced or ~ildBB%n~t~A..." The fact is, rraake noise. 't'heir cars, motorcycles, animals, activities, equipment, etc. make noise. Air quality`s "fry living neact to a hog farm, chicken slaughterhouse, etc. despite the generous allowance of a 30' setback. i) "...General plan does not Gist the property or any of its surrouneling areas fo leave any scenic view planes...' ff so, this is a fault of the General Plan. Ask any of us if we think this project will not adversely affect our views, especially when considering that the residential height limit permitted is 35'. ether structures may be 45', ands ia! permits may be granted for structures up to 'll~'. j) "7`he project would not remove any of the s~roperty from Jbeing utilized for agricultural uses...there would tae no lands rearoved (from) the ~®unty ®f I~lawaii's agricultural land in~rer~tor y ' 1°luh~ 'The creation of 22-23 residences, their streets, driveways, yards and vehicles will take up over 3® percent o$ the land, and this is be#ore consideration of all fibs non-agricultural possibili#ies in Section 25-2. k) "it is not anticipated that the proposed acts®rr will generate any signcant dyaily ,pvehpi~c~ug~l~a/,wry tripe counts al®ng ties pr8vate roadway wlaicM are generated ay area residents." There are, at present, eight of us using the access road to 11Aarnalahoa tolfronn residences. Six more Bots are being cleared for pending construction, and several other properties are available that would need access to l~lamalahoa through the same intersection. The addition of 22- 23 rvtiore households, plus their permitted "farm daevellings,' visitors, construction, rr~aintenance, service, non-tenant v~orkers, delivery vehicles, customers, etc. will most certainly increase daily vehicular trip counts by the time the proposed project is built out. I) °~utavre l®~ owo~~-s ~nrdlA be serviced by a privately o~rat~ water system..." V19e should ail like to see proof of this claim, and know the source of this oo+rater. `The undersigned all respect the rights of a landovuner to sell and/or develop their property. Hoen?eve~r, do not feel that this should be done in a manner that has the potential to severely detract from our health, safety, Property glues, and quality of life. l~'rint Na~rae Signat e C Addre ®a$e print Na~ae sign e Address fat print Name e ~ Address date \ 11 2~~ Print Nanne Signat~, Address ~4.P~1.3 f.-.-,~G'7~~~~at~ Print Name Signature Address date - ~ Ala ~ - Print Name Sig atu ; ~1 f ~ r `1 l f Address date Prin Na e _ ~ Signature . - ~ r t~,r4; F:; Address [3ate ~t ' ~4 ~ ~r~ ~ ~ Printi~ame F SignatuF~ t~ ,~ddrf~,ss f date _ Print Nama Signatur ~ ~ ~ Address Date ~ ~ ~ ~ Print Name Signature Address Date Print Name Signature Address Date Print Name Signature Address Date Print Name Signature Address Date Pri ame Si~gn~ure , ~ ..2 C~.~ c'am' - r Address Date Print Name Signature Address Date Print Name Signature Address Date Print Name Signature Address Date Print Name Signature Address Date customers, etc. will rr~st.certainly increase daily vehicular trip counts by the tuna the proposed project is built out. I) `~tatu?e l®t ®~vo~~a~ will ~ sea~riced by a ~ivate9y ®~rat~a+ duster system..." Vile should all like to see proof of this claim, and know the source of this water. T'h® undersigned all respect the rights of a landowner to s®ll and/or develop their pro~rty. I'! ver, we do n~t:f :that=this should be done in a manner that has the potential to severely detect from our health, safety, property values, and qual'oty of life. Prtrit Name Signatur® ~1~~ Addr®ss ` ~~~t'~~ ~4-~o4~z.~ j~0~ y ®ate Print Name Sign, e ~ , yr' I~ `~N F' ~ l.? f~-_c.' 'Y f9l_,, F ~'r = r 5~/w, ~IdL~c e r: - Print Nine Signature address mate 01 1411994 13: Ob 541- X536 ~~.'ITHIN ~E,•C:H C F'A~aE ~ , ~ t. }Q~ w,+ ~ ~ ~ wig! C~4Jn~ bjr L i~ [6 {P6 .AIR- if ~ ~ ~ that kr a S,i 2R~+~t 'T4a~ t ! r a°~g8:~ t® ? air Sr 89~ ~f~ 7 01!1411994 1 0b 541-` X525 WiTHItJ REra~~H ?C Fr~~aE 01 December 4, 2001 Playing ~o%nta~aission County of Hae~vaii ®etir SirlMds., This letter is in regard to the proposed zone chat~e application( REZ.-0I-010) in which 17obert K. Greenwell plats to de~relop a subdivision on 27 acres. As a property ~nvner rn the access road to this planned subdivision, 1 and my neighbors will be ne~;atii~ely impacted by this subdivision. T')ae t~ffc congestion at the junction of Matnalahc~a I lit v. and Palani rd. at peal: use hours wil} be significantly increased. The rural nature cif thr ~ .i i• ___J .:s_~~?w .r. an ,.a.. •~~~u~~v v• u "~~4~I rY b~~ ~cLLllll~' 1L. 48U I1 {tll will result in a degradation of the l~~cal environment aztd our quality c+f life. i ~~•aul~l like to appeal to Kelly Cpreenwell's concern fQr the environment amd hope that he nccu~sidcr~ this development. If he does .not, I hope that he and the cotanty will consider requiring a different access road tbxotagh Greertr~•ell property- Phis would reduce the impact ~f generated traffic on our children, pets, livestock and co~nnenunity as a whole, as well as the highway and Palani junction. I ktope that it will not cast a life of any of nor children used to a very szzaall ,quiet rural roast for ynu to realize that this development nn thi; read it a mist~ce. As an aside, T hope that the engineer that assessed the impact of ~5 individual wnstc ma,raagement (septic) systems on the eottrtra~ well, cateulated in the fact that r?ver tit3~~ ;t ce~in nttrttber of 8hese systems will fail. Thaw you for you tame and cmtssideration in this matter. Sincerely, )<3r. Joseph Kassel un C N Good morning! My name is Kim Greenwell, 73-4615C Old Government Rd., Kailua-Kona. 1~-~~-w,~, • ~ ~.Q,u.t,(~,.. ` ~ I am here today to comment on the proposed application of change of zoning from D 1 Ag-20 to FA-la on TMK 7-4~-006:006 Honokohau II, unfinished business, article 5. I have recently purchased aone-acre piece of property that is located directly b~~ above this proposed subdivision. It is an old Kuleana property tucked"im amongst some large tracts of land and it is zoned Ag-20. The outcome of this change of zoning proposal will directly impact my property on a number of levels and I have many questions. The potential problems that can arise with this type of zoning are significant, but my main concerns have to do with the inconsistencies proposed in this document. a I~t~ . I would like to begin by referring to a map of the proposed subdivision Exhibit B showing the layout of the proposed lots. At the top oft ' 27- acre property is a county road named "Old Mauka Government Road". This road is a designated road, shown on many maps and is owned in fee simple by the State of Hawaii. It dates back to the Highways Act of 1892. The three (3) parcels at the top of this property are shown with their boundaries as incorporating this "Old Mauka Government Road". It is impossible for the applicant to assume that the road can be absorbed into the one-acre parcel for sale to a private individual. It is already owned as is on the books for public record. 1l~Iy property borders Old Mauka Government Road and is my designated ingress/egress access. This is the original access for the Kuleana property dating back Q~ . over 100 years. Now, the proposed lot # 10-8-11 is abutting my access point and is incorporating the roadway. Should the proposed lot be allowed, it would cut off my ingress/egress route and leave my parcel landlocked. This is against the law in Hawaii. Also, when the roadway has been eliminated, this lot will be less than one acre in size. It should also make one curious to see that the road is shown on each side of this proposed I lot, but not continuing through the piece itself. ' On the same note, the 2 proposed lots #10-8-10 and #10-8-8 have the same ~ ~ ~1L~.~~ . Y rZ ~ problem but on a grander impact. This road has been paved and is beir~.utlized.a~ns~ d , ~ maintained by the County of Hawaii, Dept. of @6~ater Supply. again, the proposed lots f{ ~ r _ a ~ will be less than one-acre in size after the roadway has been eliminated from the sale. The second point that I would like to address is in regards to the Hawaii County .~1' ~ ~ ~~~fi ~~j Code Book, Division 6. FA, Family Agricultural Districts, Section 25-5-67. Other ` Regulations. r ; „sbl ie' Section (D). An Ohana dwelling may be located on any building site in the FA ' ` J~,i( ' district as permitted under Article 6, division 3 of this chapter. ~~.1ga1 ~ ~ A one-acre home site cannot support 2 homes, 2 garages, 2 driveways and provide fi ancial sustenance to a family. In short, the zoning of FA-1 a will not work. I d Yim in t t ~i, n ~iivuiu 9 . ~,ble 2nna,~.t~~ S V1.ev~ r~ ?~e ceU.~c;.P~ Double density increases our traffic problems, taxes our current over-burdened ~ • infrastructure, and requires that wider roads be built at the taxpayer's expense. ~ Cw~~ atiL~~.e.. ~ ~~,,e- ~-cc~~~,~rn ~Rrv~ .~,v~~ ~ / coo rLe~` ~~~e cZ c~~u ap~i~,c~ ~,c~~z~,r.,vzd, ~ ,tom ~ u---~ _ _ - What would the expense be to widen the heavily trafficked Mamalahoa Highway? Who would shoulder this expense? Would the petitioner of this rezoning request be held responsible for the payment as in the case of Lyle Anderson at Oceanside 1250? The broad range of permitted uses in zoning FA-1 a is too vague, with too many opportunities for change. Any ~ developer may fmd this a goldmine to exploit our small community: ~1'o u here today must make a concerted effort to protect Kona. We do not need to become another Oahu with an H-1, H-2 or H-3 Freeway in our backyard. Anyone can see what double-density has done to Oahu. We need to preserve our history, our culture and our lifestyle and keep Kona in the charming style and rural ways so that people from all over the world can visit us and enjoy the peace and tranquility that is so quickly disappearing in most parts of America. I urge you to do everything in your power to preserve our precious culture in Kona. Do not over-develop Kona with double density housing with Ohana zoning, condominium property regimes, or zoning that alludes to this nature. Zoning this property to FA-1 a screams of these improprieties. I would like all members of our Planning Commission to vote No on this re- zoning issue and issue a deferral at this time so a more in-depth impact study can be performed as to the proper zoning of this pristine acreage. I thank you for your time today. an metersen 80~ 'i3~~~7 ~'~'`*-s i ~ • p. 1 ~Lt v~~f1~~ ~a~~(t~ iL ~aitua-~ana ~~~'~~J~'? DLC Q ~ 2QQ1 'f ~ P'~t~~~.~5 ~DY~~ACY gat LS ~WAt ` 1 _ FU ~®x 62 ~ 16aatu~-K®~, ~tawrte"~ 96795 ~ 32~-J~~S t F,vr 327a~2~ ~oarrl of Dln~tQrs ~ Mk:hta~l 1, flir.!hnt, _ . Prncide'Itl ~ to C ~ ~ ~ 1. C ~ Py ~ ~ r hickM. Mrtti+l~tl~i,l• ~ J 6 iG !.J ~ex• Pns6De;•»/ [AVi~ltl Ei. ta.trk, ~ Trrexeurr•r 3 lhQAw1~1' 1 CAt1N'i'Y ~LAi'~dPdlN(: ~~PII~TAr!$OV? Carry Rr~If, f St•tnKavy i ~TTN.t IPLANlai1P[~ ~UA9~99sso~M ~IF.~A~E~ Tani Cib,ir ( }.tn.+t Hit;,, Milker ~ FI~~~Y ~Af ~ ~d~NN t.n ~ET~N~ + Kaix+n K gk.tw~n he+n (lc•ilty J ~ATC: ~E~ ~j i~''1 Amy Kirc• ! - Fr.trTk F7. S,ryrc•, !)I )ti ~ ~~~~E~: l.drQ~17E94~1ti9[C ~E ~aQ~~(~~~ ~~A~- (L,Ir•n n. sprit ( I /bd~sors j Aloha, Lint (a l:rrr+ KtJk+y. As a follow-up to today's PATM teseimony an the Robert Greenwett requese for C®z, p{ease find att~cheri a copy ~f td~p Strata? C'LhtR's resptonse to a r~uest to verify owasea-sltep ! of the old higheaay section which includes a segment that lies slang the mauka bounc'ary of r~~s~ ! to prorstWe Irsfse: ~Grty i his parcel currently uncles consideratian (Rl:~ 07 -010). As you can sue, the state as quit caucatn~n, ane! w.atr ; clear $iiae$ $he :~vneEr3hi}y s9~ tip slitf rtRadtaray 8Alt~s stJCCr1Re6~~tf ~ fire CrDSk?oty at Hawas`i crivironcm•nt ran I s i~ 26d•, rc>.•u~ways and U:lils firr mcmation, r:ne,.s, ana attemattve f As testifaed at the meeting, PATH is researching the possibility of a footpath (with vehicular rtxxks o(tran5porlation ~ ao~ss to properties as necessary) along athree-mile segment of this old government road s>:~g frorrt: Kalassa to K;~tako-Ffonokoha~-K+~~lakteh~, a segment of which is included in this Ct?~. u,r. I~I~rxl of Fiawai' i ! The benefits of this potential pathway are numerous and include: sirtur 1~lFjEs { Transportation - seressing the non-matorizi:d alternative to tvtalafahoa Piigftway ~ along a safer route ~ open space ~ amass to this amenity is an essential quality-of life indicator i~.ecreation -creating "!sneer parks„ fitness -with hiawai' is high rates of obesity, this free acacess to safe recreation is imperative y PA'fH`s Uld Gaverr9ment Kvad subcommittee includes PATld board member, Tar. Frank H. Sayre chair, along with a number of PATH directors, members, bike s#~ap owners, a spans doctor, and a current and past councilman. This iS an important project in a high growth area, and deserves year kind attention. We make this request and also encourage your future support to set-aside all old web-tre: ~ov~rnrrtent right-of-ways, easement, and other such public aooess route and ho3d them ~,m.hl E-rrea~~ otn/}~1h + dear. These old alignments well be the lu~i~r~ ~ture traffic woes if we act new path@vluh:t.n~r and keep them in public damair~. ~a ~1 a. {o~+tarson 61 ]~1-2765 • f s~oVab tTyaE DEV~avaeavT i FOt9tRAK AQUATIL RESOVRGEb Rl, aOATWa ANIT OCEAN RECaFAT,ON xc94uRCEd lNFORCEN.CAt ~*^p^Age py u /~Y~J~ p9NVeYANCC9 a71P'bl IG 6J~ ~TP'p9C1'1I' R04CSTh04ND bVILDUFE MS40RiG ~gE9FlSM1TWN OEEaARTa9EN7 OF LAtdD ANO tdATLJRAL RESOURCES ~aNOOwIS+oN ~AtdO a1VISiaN Bi.4c awNR'J eVATER Rt:.VUR(:f ?4Ah61GFMEI.T a+,U BV><d2~ HOMO WI.U. 1 ~AJ~M19fi604 May 18, 2Ul)1 Kcola Childs P_O. Bvx 2294 ICailua Korta, Hawaii 96745-2294 RE: Rer}uest to verify State owttcrship of old highway section over attd aeross Kataoa-Kahanaiki- Katloko-Hlonokohau-Kcalakehc, North Kcma, t~tawasii. Dear Ivlr. Childs Pursuant to yowr letta:r of April 2, 2001, we have rxAmined the records filed in our office attd the State Survey Ot3Cce of the' Department of Accounting attd General Smices and rtgiort the foUowittg as to the ownership of the two roads idcnt~cd in year letter. Government Sur~ry Registered Map Rlo. 1642 dated 1892, dtliatates and identifies arc ali~crttcnt iYt common with Bht "Old Gov't Mauka Road" (also known as the •'Otd Gov't Road" and tt?c °`Uppcr Otd Road") passing, through'Cax Map Kcy (3) 7-3-04, 06. U8 and 7-4.02, 03 and 06. As shaven on said registerred nutp filed in the State Survey URicc and in aecordaace with the Highways Act of 1 R92, said subjo°ce road and sail public highways br.5.asnr. thr. rrnlTSrty uF the Trlawaiian tovernment do fcc itlt le Through substquent operation of laws floe tee simple 4itlt and ownership to the subject road sCgnz~t succeeded to the County of Hawaii in accordance with Chapttr 2b~ of the 1-lawaii Revised a6~ Statutes. t~s to t ac rrtauka-rteakae road seKment "neslr tlae.outht•rtt terminus": ~ The "segment of the' traauka-rt~ltai read "near the southern terminus" which "connects the abovc- Trsentiorved idQld Gov't Mauka Road" to flee existh+g °°C_elri MaTTSalahoa Hwy" attpt:ars to have been created by the govctattnt:nt as an access for itlgress and egress for thr bcnt:fat of the hamesteadcrs in the Kealakche tlomcsteads. In accordaatce with the haws of the: Mahclc the ahupuau oCKealakehe was set aside Car the govtrncttettt in 1848. "f'h'ht gobetrotrr?ent 5vbst:quently created the Kcalakehe tioat~steads and sold Lots 2 and 4, which adjoin the sttbjtct "Mattka-mtkai road scgrttcat near the southern aT;nraiaatu", uuelec E.atind Patca?t Grants 4061 and bZ72. ~3eiets tax key parcels ?-4-03: OS and 07, re5pectivtiy the boundatics to said parcels arc liescrilaed as "runaing along the new 20 foot road". pett'rson [ 331 -2765 ~ . 3 Keola Childs >vday 18, 2001 Page 2 As aiet?tetr, lyias~ and lsaing a postiaa aCtito GovrprtrYareac.4laapvaa of Keslaleehe, the fer sicnpte titIc rev this sosutettt portiots of rise a~auka•mtakai road is iaa the Government. Ftagsumtat to Chaptea 264-2 of the Havaaii Revised Statutes title to both of these foadways sae in the Cotanty of Hawaii. Vrry trnly ymeea<, ~it Y. UchiJa. Adrrtirtistrator band Division I RGreenwellRPD01 rezskg-2/ 18/02 COUNTY OF IIA~VAII PLANNING DEPARTMENT RECOMMENDATION RO>OERT ~LSIEIAW G~El®1WELL CANGL ®F ZGl®TE APPLiCA'TI®N~~Z 01-010) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that an unfavoralble recomlzraendation for a Change of Zone request lbe forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they maybe subject to change given the specific code and regulatory requirements of the affected agencies. The Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This unfavorable recommendation is based on the following findings: The applicants originally requested a Change of Zone from an Agricultural (A-20) to a Family Agricultural (FA-la) zoned district for approximately 27.131 acres of vacant land in order to subdivide the property into twenty three (23) lots, approximately one acre in size. The property would be marketed as vacant lots. There is an existing access road that will serve as the main access road for the proposed lots. This road runs through and to the top of the property which also serves as access to properties mauka of the subject property. Water is available through a Water Agreement with the Department of Water Supply for 22 water commitments. Due to the close proximity of the subject property to a drinking water well, some restrictions may apply within regards the wastewater systems installed. Two public hearings were held on the subject property with concerns from surrounding residents regarding increased density, land usage, access, water well site in the vicinity and the Old Mauka Government Road. The Planning Director expressed concerns regarding the inclusion of the Old Mauka Government Road in the change of zone request and requested documentation on road ownership. Subsequently, the applicant decided to delete the Old Mauka Government Road from the area to be rezoned and submitted a revised metes and bounds description, thereby reducing the subject area of request to approximately 26.198 acres fora 21-lot subdivision. The Planning Director also expressed concerns regarding. the applicant's request , 1 1 ~ t ~ ~ . ) to rezone the subject property from an Agricultural (A-20a) to a Family Agricultural (FA-1 a) zoned district with no significant agricultural component proposed other than the intent to create house lots for families where small-scale agricultural activities could occur. As the subject property would remain within the State Land Use Agricultural District, dwellings would be subject to the definition of a farm dwelling. According to Hawaii Revised Statutes, Chapter 205-4.5(a)(4), a farm dwelling is defined as a "single family dwelling located on and used in conjunction with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling." Keeping this in mind and the applicant's proposal, the Planning Director can only support a request that would be more consistent with what the applicant is actually proposing. Therefore, the property would be more appropriately redesignated with the filing of a State Land Use Boundary Amendment from an Agricultural to Rural District for approximately 15 acres of the makai portion of the property and a Change of Zone from Agricultural (A-20a) to a Residential Agricultural (RA-la) zoned district for that same area. With an RA-la zoning designation, the subject property, would be compatible with the existing uses within the band of A-la lands that lies immediately to the west (makai). Further, by limiting the request to 15 acres, the decision making process would remain entirely under county jurisdiction. The remaining 11+ acres of the subject property could remain in the State Land Use Agricultural District with a preferable minimum rezoning from the A-20a to an FA-3a zoned district. The FA-3a zoning designation would serve as reasonable-sized transitional lots between the smaller one acre lots in the Kai Subdivision and the larger 10 and 20 acre lots to the north, south and east of the subject property. Further, these larger-sized lots would address some of the concerns that residents mauka of the subject property expressed by their opposition of the smaller FA-1 a sized lots. Further, as no significant agricultural component is proposed, with a State Land Use Rural District designation, the requirements of the State Land Use Agricultural District would not be in question. In addition, according to the County Zoning Code, the RA zoned district is characterized primarily "by low density residential lots in rural areas 2 where "city-like" concentrations of people, structures, streets, and urban level of services are absent, and where farms are intermixed with low density residential lots." Whereas, the FA zoned district "provides for a blend of small-scale agricultural operations associated with residential activities, and which maybe characterized by farm estates, small acreage farms, or subsistence lots. Very similar, but, with a different focus and which makes the RA zoning more appropriate. The Change of Zone request from Agricultural (A-20a) to Fauaily Agricultural (FA-la) zoned district will not conforaaa to the follovvigag goals, policies and staaadards of the General Plan Land Use Eleanents. 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. Land use is one of the principal focal points of public concern and policy, as it provides the primary basis for guiding coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The Land Use goals, policies and standards, are referenced, as they guide us in physically planning the lands in the County in the best interest of the island's residents. According to the Land Use Element we should consider the following: LAND USE • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zone uses, availability of public services and utilities, access, and public need. • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • The County shall encourage the development and maintenance of communities 3 i meeting the needs of its residents in balance with the physical and social environment. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. In light of these goals, policies and objectives, all aspects of review lead us toward the State Land Use Rural and RA-la designations as being more appropriate. Further, the Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan provides us with additional data to support a Rural designation. The LUPAG Map designates the subject area Orchards. Although, the County is currently conducting a comprehensive review update to the General Plan, which proposes that these lands be redesignated Important Agricultural Lands; the proposal is being reviewed under the present LUPAG Map designation. More importantly, however, is the fact that the subject property lies immediately adjacent to and east of (mauka) areas designated as Urban Expansion on the LUPAG Map. The property is on the fringe of lands that have been considered and are planned for growth and development. Further, the ALISH is primarily unclassified and not prime or unique lands. Therefore, the property can reasonably be included in this Urban Expansion area. The Kai Subdivision, located immediately west (makai) of the subject property, consists of nine (9) one acre lots that are zoned A-1 a, and which mainly consists of houselots. Lands bordering the property and further mauka are zoned A-20a and A-10a. As such, due to the fact that this particular property is immediately adjacent to an Urban Expansion area designated by the General Plan, aResidential-Agricultural (RA-la) zoning would be appropriate and consistent with the smaller lot development scheme that already exists and is planned for this vicinity. However, since the lands mauka, to the north and south are still relatively large lands zoned A-10 and A-20, the rezoning of this property does not mean, that other lots within the vicinity would also be acceptable for rezoning into smaller-sized lots. 4 Although there was public testimony and a petition submitted in opposition to the request, particularly in regards to concerns on increased density and the range of permitted uses in the FA district, the I2A designation is actually more consistent with what actually exists on the ground in the area. The Kai Subdivision consists of one acre lots zoned Agricultural (A-la), with minimal agricultural activity. With the same size lots being proposed for this property, it is likely that the proposed lots will be developed with a similar pattern. With an RA zoned designation, the proposed request would still maintain the rural-agricultural nature of the area with no expectation that farming shall occur on the lands as required to be enforced in the Agricultural District. Creating larger- sized lots, such as A-3a, above the RA-la lots can serve as a buffer between the residential-based lots and the agricultural lots above. Therefore, the three primary aspects which makes this development more appropriate for a low density residential development are 1) the residential-rural nature of the proposed development -with no significant agricultural component, thereby failing to meet the State Land Use Agricultural District components for a farm dwelling; 2) the availability of adequate infrastructure, including roads and water, to support an 12A-1 a development; and 3) the compatibility of the proposed development with the surrounding area -adjacent to the General Plan Urban Expansion area and adjacent to the band of A-la zoned lots makai of the subject property. Therefore, based on the representations made by the applicant and the above fmdings, the proposed request request from Agricultural (A-20a) t® Family Agricultural (FA-1 a) z®ned district would not conform to the goals, policies and objectives of the General Plan, would be contrary to the County Zoning Code and the State Land Use Laws for the Agricultural District, and it would not result in an appropriate land use pattern that will further benefit the public. Therefore, an unfavorable recommendation is being forwarded to the County Council. It is recommended that the applicant consider applying for a State Land Use Boundary from Agricultural to Rural and a Change of Zone from A-20a to RA-1 a for approximately 15 acres of the makai portion of the property. The remaining mauka 11+ acres could remain in the State Land Use Agricultural District with minimum FA-3a zoning to serve as transitional lots. 5 .