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Home My WebLink AboutCOM 0167.000 2002-2004Harry Kim Mayor County of Hawaii 25 Aupuni Street, Room 215 e Hilo, Hawaii 967204252 • (808) 961-8211 • Fax (808) 961-6.553 KONA, 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 • Fax (808)326-5663 March 3, 2003 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 02-012) Request: Agricultural to Urban Change of Zone Application (REZ 02-022) Request: Agricultural (A -5a) to Multiple -Family Residential (RM -2.5) Applicant: Pua`a Development, LLC Tax Map Key: 7-5-10:61 State Land Use Boundary Amendment Application (SLU 02-011) Request: Agricultural to Rural Change of Zone Application (REZ 02-021) Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a) Applicant: Erwin L. Baldwin Tax Map Key: 6-2-9:9 State Land Use Boundary Amendment (SLU 02-013) Request: Agricultural to Rural Change of Zone Application (REZ 02-026) Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a) Applicants: Philip R. and Diane C. Delmer Tax Map Key: 6-2-11:3 �16,;t 15 6 7 4- 70 Dixie Kaetsu Managing Director Peter Hendricks Deputy Managing Director r' Oomm. N0. File No. W. To: PC &C Deet MAR11 0_0 3 Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 March 3, 2003 State Land Use Boundary Amendment Application (SLU 02-014) Request: Agricultural to Rural Change of Zone Application (REZ 02-027) Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a) Applicant: Theodore T. and Susan T. Herhold Tax Map Key: 6-2-11:12 State Land Use Boundary Amendment (SLU 02-015) Request: Agricultural to Rural Change of Zone Application (REZ 02-028) Request: Agricultural (A -5a) to Residential and Agricultural (RA -2a) Applicant: Paula K. Kosters Tax Man Key_ 6-2-11:31 As required by Chapter 4, 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. Si cerely, -�� Harry Kim Mayor 1020703may Enclosures cc: Planning Department Harry Kim Mayer County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 02-012) Request: Agricultural to Urban Change of Zone Application (REZ 02-022) Request: Agricultural (A -5a) to Multiple -Family Residential (RM -2.5) ARplicant: Pua`a Development, LLC Tax Map Key 7-5-10.61 The Planning Commission, after a duly held public hearing on February 7, 2003, voted to recommend for your approval the proposed legislative bills for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone changing the district classification from Agricultural (A -5a) to Multiple Family Residential (RM -2.5) for approximately 9.262 acres of land. The property is bordered between Queen Ka`ahumanu Highway Extension and Hualalai Road, adjacent and south of The Pines residential development and northeast of the University of Nations condominium site, and approximately 300 feet south of the Hualalai Road -Nasi Kailua Drive intersection, Pua`a I", North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests: State Land Use Boundary Amendment The approval of the reclassification from the State Land Use Agricultural to the Urban District will not be violative of Section 205-2, Chapter 205, Hawaii Revised Statutes, nor will it be inconsistent with the Land Use Commission Rules, the County General Plan and the Hawaii State Plan. According to the Land Use Commission Rules, one of the standards for considering an area for urban reclassification states that "hr Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 determining urban growth for the next ten years, or in amending the boundary, land contiguous with existing urban areas shall be given more consideration than non- contiguous land, and particularly when indicated for future urban use on state or county general plans." The project site does conform to this standard as it is situated adjacent to existing Urban -designated lands accommodating The Pines residential development to the north and the University of the Nations complex and Hualalai Villages condominium project to the southeast. The State Land Use Commission, in comments provided to the Planning Commission regarding the subject application, stated that they "...note that the subject parcel is located adjacent to areas that were urbanized pursuant to LUC Docket Nos. A76-412/Pacific Basin Resorts, Inc., and A80-478/Donald E. Kraemer, Inc., and John Ellbogen for residential uses. " The applicant's request to designate 9.264 acres into the Urban District reflects the infilling of Urban -lands within this section of North Kona. The reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan: a. Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. b. The orderly development of residential areas sensitive to community needs and other land uses. C. Effectively accommodate the housing needs of Hawaii's people. d. Increase homeownership and rental opportunities and choices in terms of quality, location, cost, densities, style and size of housing. e. Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. The Urban District request would be consistent with the goals and polices of the Housing Element of the Hawaii County General Plan by creating additional residential housing opportunities for the residents of this island. The Urban District request also conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Medium Density Urban uses. The Medium Density Urban classification allows for village and neighborhood commercial uses and residential and related functions not to exceed a density of 35 units Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 per acre. This request is to allow an urban development, a planned multiple -family residential complex with a density of approximately 17 units per acre. The LUPAG Map component of the General Plan is a representation of the document's goals, policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential units at a density of 10 units per acre. The applicant's request for an Urban District boundary amendment will be consistent with providing the urban -level densities recommended by the Kona Regional Plan. The Master Plan for Kailua-Kona, adopted by County Council Resolution in 1996, recommends the project site for low-density residential uses, such as single-family residences, duplexes and town homes. While the applicant's request would achieve a higher density than that typically associated with single family residential uses, the location of the project site adjacent to the south of existing single family residences within The Pines development and the residential condominiums of Hualalai Villages and the University of the Nations complex on the makai side of Hualalai Road will compliment existing urban uses in the immediate area and would not be considered an inappropriate use of land in this particular area of Kailua-Kona. The subject property is situated within the project area identified as the Kailua Village Special District. On January 21, 2003, the Kailua Village Design Commission voted to recommend the approval of the applicant's State Land Use Boundary Amendment application and accompanying Change of Zone application provided that Hualalai Road fronting the project site is realigned as straight as possible. The project site is situated within close proximity to the employment center of Kailua-Kona. The subject reclassification is for land directly situated within the urban/retail/employment center of Kailua-Kona, and thereby conforms with the Land Use Commission Rules that encourages urban developments in close proximity to existing developments and in close proximity to existing services and facilities. The project site is or will be provided with all utilities and services, which are essential to accommodate urban development. Primary access to the project area is provided by Hualalai Road, a County -maintained roadway with a pavement width of 20 feet within an approximately 40 -foot wide right-of-way. The paved surface of Hualalai Road is in fair condition. The General Plan identifies Hualalai Road as a collector street. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Access to the project site from Hualalai Road will be accommodated within a proposed, private two-lane access driveway. If required by a revised traffic impact analysis report, a left-hand turn lane will be required within Hualalai Road to facilitate left turn movements into the project site. In addition, the applicant is working with the Department of Public Works to realign that portion of Hualalai Road right-of-way to straighten some of the curves to improve sight distance. The accompanying change of zone will include provisions for the widening of the Hualalai Road right-of-way from its current 40 feet to a minimum right-of-way of 60 feet typical of collector streets. A Traffic Impact Analysis Report (TZAR) was prepared by the applicant dated September 7, 2001. Manual traffic counts for this study was taken on June 12, 2001. The TIAR concludes that "The proposed project is expected to generate only a few trips in the morning and afternoon peak hours. It is not expected to have an adverse impact on traffic operations at the driveway anti at the Queen Ka'ahumanu Highway 'Hualalai Road intersection and the Nani Kailua-Hualalai Road [intersection]. A separate left turn at the access road to the project site is not warranted. The roadway and Intersection designs as proposed for Hualalai Road will be adequate to handle future traffic. No mitigating actions are required because of the project." The Department of Public Works recommends a revised TIAR due to the very limited scope of the current study and if warranted, a left tum storage lane be installed at the project's Hualalai Road access point. A left turn storage lane will be required as part of the accompanying change of zone request. Conditions will also require a revised TIAR should actual construction not commence within one year from the date of Final Plan Approval or within six (6) years from the date of this ordinance, whichever occurs first, or should development not constitute a housing development restricted to qualified elderly persons. Water to support the proposed condominium project will be made available from the County's water system. The Department of Water Supply has confirmed that water can be made available from an existing 8 -inch waterline located on the opposite side of Queen Ka`ahumanu Highway in Kailua View Estates Subdivision, approximately 750 feet away from the project site. As required by the Department of Water Supply, the applicant will be required to extend the waterline across the Queen Ka`ahu nanu Highway while also upgrading an existing booster pump station and two existing reservoirs. The applicant proposes to tie into the County's Kealakehe Wastewater Treatment Facility through proposed sewer line easements located on parcels makai of the subject property that will allow for its connection to the County sewerage system along Kuakini Highway. Police services are available nearby from the County's Police Station at Kealakehe located north of the project site near Honokohau Harbor. Fire and emergency services are Honorable James Y, Arakaki, Chairman and Members of the County Council Page 5 available from the station at the intersection of Palani Road and the Queen Ka`ahumanu Highway. Electricity and telephone services are or will be made available to the project site. As is typical of similar types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepare and secure approval of a Solid Waste Management Plan prior to the issuance of Final Plan Approval for the proposed multiple family residential development. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. As recommended by the Department of Public Works, a condition of approval within the accompanying change of zone request will require the applicant to prepare a drainage study for the project. Furthermore, the Master Plan for Kailua-Kona identifies a proposed storm sewer system within the project site. Again, a condition of approval within the accompanying change of zone request will include a requirement that the applicant consult with the Department of Public Works regarding the location of the proposed storm sewer. Thus, the reclassification does meet with the standard which states that the lands included within the urban district "... shall be those with satisfactory topography and drainage and reasonably free from the danger of floods, tsunami and unstable soil conditions and other adverse environmental effects." While the project site is situated within the State Land Use Agricultural and County's Agricultural -5a (A -5a) zoned districts, it is not currently being used for active agricultural purposes. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The project site has been occasionally utilized for pasture. Much of the lands in the immediate vicinity of the project site are designated Urban and accommodates a private university complex, single and multiple family residential developments. Therefore, the reclassification of this 9.264 -acre area from the Agricultural to the Urban designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 agricultural lands in more appropriate locations within the North Kona area for Urban types of uses. Based on the above, the approval of the State Land Use Boundary Amendment to the Urban District complements the State Land Use District Regulations and is supportive of the State of Hawaii Plan. Change of Zone In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed request from an Agricultural (A -5a) to Multiple Family Residential - 2,500 square feet per unit (RM -2.5) zoned district will conform to the following goals, policies and standards of the Housing and Land Use (Multiple Residential) Elements of the General Plan. HOUSING • 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 Ensure that housing is available to all persons regardless of age, sex, marital status, ethnic background and income. LAND USE — GENERAL • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • 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. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — MULTIPLE RESIDENTIAL • To provide for multiple residential developments that maximize convenience for its occupants. • To provide for suitable living environments which accommodate the physical, social and economic needs of the islands residents. • Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities, and public facilities and utilities. • Areas shall be located in such a manner that traffic generated by high density development will not be required to travel through areas of lesser density en route to principal community facilities. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 Provide adequate access to arterial streets, shopping facilities, schools, employment centers, and other services. Development shall be located in areas where public utilities can be economically provided at a level adequate to meet the demand for the concentrated service. Recreational areas and/or recreational facilities shall be considered in multiple residential. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The requested zone change from an Agricultural (A -5a) to a Multiple Family Residential (RM -2.5) zoned district conforms to the LUPAG Map, which designates the property as Medium Density Urban. The Medium Density Urban classification allows for village and neighborhood commercial uses and residential and related functions not to exceed a density of 35 units per acre. This request is to allow an urban development, a planned multiple -family residential complex with a density of approximately 17 units per acre. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. This change of zone will facilitate the development of a framework of a concentration of urban activities occurring in an orderly manner commensurate with the provision of necessary infrastructure. Therefore, it is determined that the request is consistent with the urban form depicted on the LUPAG Map for this area of North Kona. The requested change of zone is also generally consistent with regional and community planning documents that prescribe the County's land use policies for this portion of North Kona. The Kona Regional Plan, adopted by the Planning Commission in 1984, recommends the area for residential units at a density of 10 units per acre. The applicant's request will provide for a residential density of roughly 17 units per acre. While the requested change of zone will provide for a unit density that is much greater than the density recommended by the Kona Regional Plan, it still compliments its fundamental goal of providing for medium -density residential uses within this section of North Kona. The Master Plan for Kailua-Kona, adopted by County Council Resolution in 1996, recommends the project site for low-density residential uses, such as single-family residences, duplexes and town homes. While the applicant's request would achieve a higher density than that typically associated with any of the aforementioned residential Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 uses, the location of the project site immediately south of The Pines residential community and in the immediate vicinity of the Hualalai Villages condominium development and the University of the Nations complex will provide a complimentary blend of residential uses that does not compromise the general residential theme and land use pattern recommended by the Master Plan for Kailua-Kona. The subject property is situated within the project area identified as the Kailua Village Special District. On January 21, 2003, the Kailua Village Design Commission voted to recommend the approval of the applicant's State Land Use Boundary Amendment application and accompanying Change of Zone application provided that the applicant realign that portion of Hualalai Road fronting the project site to as straight an alignment as possible. This approval recommendation will require the applicant to continue discussions with the Department of Public Works to establish the best possible alignment for Hualalai Road. The requested change of zone will not create a significant adverse impact upon the natural, historic and cultural resources of the area. While the project site is situated within the County's Agricultural -5a (A -5a) zoned district, it is not currently being used for active agricultural purposes. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) Map does not classify the subject property in any category. The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "E" or Very Poor. The project site has been occasionally utilized for pasture activities. Therefore, the rezoning of this 9.264 -acre area from an A -5a to a RM -2.5 zoning designation will not be detrimental to the reduction of this area from the agricultural land inventory in the County of Hawaii. From a land use perspective, it is a more feasible alternative to infill urban development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agricultural lands in more appropriate locations within the North Kona area for Urban types of uses. A formal flora survey of the property was not conducted by the applicant. The applicant has noted that the property is almost entirely covered with grass and stands of koa haole. The applicant also assumes that common plants that occur in the general area may also be found on the project site. Some of these plant species may include kiawe, kukui, African tulip, nom and monkeypod. Shurbs such as Christmas berry, klu, castor bean and sodom apple may also be present. Bermuda grass, spiny pigweed, four-o'clock, beggars tick, Sacramento bur, goose grass, heliotrope, sow tistle, rattle pod, finger grass, crab grass, and sand bur are other examples of plant species anticipated within the project site. Overall, the applicant states that "In that those plants found on site are generally alien and introduced species and with an absence of plant species classified as rare, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 endangered, or threatened, the overall impact of the Project on area flora is expected to be negligible." A formal faunal study of the property was not conducted by the applicant. The applicant makes reference to previous studies conducted in the "Project vicinity" that have observed no resident endemic or indigenous bird species. These previous studies observed Japanese White -eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch as the typical species found in the area. Mammals common to the area were the mongoose and feral cats and dogs. None of these species were cited as endangered. According to the applicant, "The Project would create a more open and urbanized habitat than presently exists. This change in the habitat may result in a decrease or increase in the numbers of different species, depending oil the habitat preference of the species. The number offeral cats and dogs could decrease due to the urban nature of the residential development." An archaeological survey of the project site was conducted by the applicant and detailed in a revised survey report and an archaeological data recovery plan dated February 2002. The survey report identified a total of five (5) sites that include a habitation and agricultural site complex with a burial, an agricultural site, a refuge cave with a burial, and two rock walls. The agricultural site and the two rock walls are deemed no longer significant since a reasonable and adequate amount of data recovery has taken place. The two burials and refuge cave will be preserved in place with the preparation of a burial treatment plan with the remainder of the non -burial components still needing data recovery. Preservation easements will be required for all sites identified for preservation. Since there is the possibility of inadvertent human remains being found on the property, the State Historic Preservation Division recommends that a monitoring plan be prepared and implemented. These recommendations will be made a part of this favorable recommendation. There are no significant adverse impacts that may be generated by rezoning of the project site to a RM -2.5 zoned district upon public utilities and facilities. Potential impacts have been identified and assessed and appropriate mitigative measures will be incorporated within this favorable recommendation. Therefore, the request would not unreasonably burden the public agencies to provide roads and streets, water, drainage, school improvements, police and fire protection. Primary access to the project area is provided by Hualalai Road, a County -maintained roadway with a pavement width of 20 feet within an approximately 40 -foot wide right-of-way. The paved surface of Hualalai Road is in fair condition. The General Plan identifies Hualalai Road as a collector street. Access to the project site from Hualalai Road will be accommodated within a proposed, private driveway access. The applicant has initiated discussions with the Department of Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 Public Works regarding the realignment of Hualalai Road fronting the project site to improve sight distance. The applicant has prepared a Traffic Impact Analysis Report (TIAR) and conducted traffic counts at select area intersections in June 2001. The TIAR concludes that "The proposed project is expected to generate only a few trips in the morning and afternoon peak hours. It is not expected to have an adverse impact on traff c operations at the driveway and at the Queen Ka `ahumanu Highway/Hualalai Road intersection and the Nani Kailua-Hualalai Road [intersection]. A separate left turn at the access road to the project site is not warranted. The roadway and intersection designs as proposed for Hualalai Road will be adequate to handle future traffic. No mitigating actions are required because of the project." Please note that the Department of Public Works recommends a revised TIAR due to the very limited scope of the current study and if warranted, a left turn storage lane be installed at the project's Hualalai Road access point. We agree with this recommendation for the simple reason that the trip methodology for this study was based upon volume of trips from the nearby Hualalai Elderly Housing - Phase II. While the applicant's current proposal is for an independent living residential community, the change of zone request to a Multiple Family Residential (RM -2.5) zoned district could accommodate the typical condominium or apartment complex that could generate higher trip volumes. The applicant themselves disclosed the possibility of pursuing another type of residential project when they stated that "...assuming the requested approvals are secured and because of the changes in the market and housing demands, including the inability of securing of the necessary financing for an Independent Living Residential Community, the Applicant would have the option of developing the Project up to a maximum of 160 multiple family residential units for rental or on a condominium basis, in compliance with all requirements of the Zoning Code related to Multiple Family Residential developments. " The applicant's response was that "Assuming that the subject property is zoned for the proposed independent living multiple family residential development, the anticipated traffic to be generated would be much less than what a typical Multiple Family Residential development would create." This argument totally ignores their own representations about possibly converting their independent living community to a typical apartment or condominium development. This favorable recommendation will support the requested zoning and the development of an Independent Living Residential Community, but will require a revised traffic impact analysis report that analyzes impacts upon specific intersections and assesses traffic on the best use of the property as provided by the Zoning Code if actual construction does not occur within one year from the date of Final Plan Approval or within six (6) years from the date of this ordinance, whichever occurs first, or if the applicant pursues a residential project that is different from the Independent Living Residential Community concept. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 Water to support the proposed multiple -family residential project will be made available from the County's water system. The Department of Water Supply has confirmed that water can be made available from an existing 8 -inch waterline in Welo Street at its junction with Hoene Place in Kailua View Estates Subdivision on the mauka side of Queen Ka`ahumanu Highway, about 750 feet away from the project site. The applicant will be required to extend the waterline across the Queen Ka`ahumanu Highway while also upgrading an existing booster pump station and two existing reservoirs. Note that these improvements are contrary to the applicant's representations that water can be made available from an existing 8 -inch line located along Hualalai Road with no further system improvements. The applicant proposes to tie into the County's Kealakehe Wastewater Treatment Facility through proposed sewer line easements located on parcels makai of the subject property that will allow for its connection to the County sewerage system along Kuakini Highway. As is typical of similar types of rezoning requests, approval of the accompanying change of zone request will require the applicant to prepare and secure approval of a Solid Waste Management Plan prior to the issuance of Final Plan Approval for the proposed multiple family residential development. Police services are available nearby from the County's Police Station at Kealakehe located north of the project site near Honokohau Harbor. Fire and emergency services are available from the station at the intersection of Palani Road and the Queen Ka`ahumanu Highway. Electricity and telephone services are or will be made available to the project site. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The U.S. Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone X, area outside of the 500 -year flood plain. Any improvements to the property must comply with Chapter 27 of the County Code relating to Flood Hazard Control. As recommended by the Department of Public Works, a condition of this favorable recommendation will require the applicant to prepare a drainage study for the project. Furthermore, the Master Plan for Kailua-Kona identifies proposed storm sewer improvements within and in the immediate vicinity of the project site. Again, a condition of this favorable recommendation will include a requirement that the applicant consult with the Department of Public Works regarding the type and location of the proposed storm sewer improvements. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 13 Based on the above findings, this request to reclassify the subject property from an Agricultural (A -5a) to Multiple Family Residential (RM -2.5) zoned district would result in an appropriate land use pattern and further benefit the general public. For your favorable consideration, amendments to the State Land Use Boundaries Map H-7 and Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the County Zoning Code is transmitted. We are enclosing a copy of the staff background and other applicant's documents for your information. Also enclosed is the applicant's complete submittal dated January 22, 2003. Due to an oversight, the Exhibits A & B attached to said letter were not included in Exhibit F of the staff Background Report. Sincerely, l`` -/v Fred Galdones, Chairman Planning Commission Lpuaadcv02PC Enclosures cc: Steven S. C. Lim, Esq. Mr. Brian Cook Department of Public Works Department of Water Supply Planning Department - Kona Department of Land & Natural Resources Rodney Haraga, Director/DOT-Highways, Honolulu BPuaaS LU REZdsa-0 1 /28/03 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PUA'A DEVELOPMENT, LLC STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-012) CHANGE OF ZONE APPLICATION (REZ 02-022) PUA'A DEVELOPMENT, LLC has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban District and a Change of Zone by changing the district classification from Agricultural (A -5a) to Multiple Family Residential (RM -2.5) for approximately 9.262 acres of land. The property is bordered between Queen Ka'ahumanu Highway Extension and Hualalai Road, adjacent and south of The Pines residential development and northeast of the University of the Nations condominium site, and approximately 300 feet south of the Hualalai Road-Nani Kailua Drive intersection, Pua'a 1", North Kona, Hawai'i, TMK: 7-5-010: 61. GENERAL INFORMATION 1. Land Ownership: The 9.264 -acre project site is owned in fee by the applicant. PROPOSED DEVELOPMENT 2. Request: The applicant is requesting a State Land Use Boundary Amendment from the Agricultural to the Urban District and a Change of Zone from an Agricultural (A -5a) to Multiple Family Residential (RM -2.5) zoned district for 9.264 acres of land to accommodate the proposed PUA'A Independent Living Residential Community that will consist of 144 to 160 multiple family residential units within 9 16 -unit cluster complexes. 3. Objectives: According to the applications, the goal of PUA'A is "to create a residential development that encourages a strong sense of community values, promotes social interaction and offers Senior citizens a complete living environment for their later years. Residential units will be clustered around courtyards, creating a sense of privacy within the whole project. Streets are designed to be in scale with a traditional neighborhood setting, reducing the speed of traffic and providing a safe pedestrian environment." 4. Supportive Information: The applicant has submitted the following in support of the request: See Exhibit A — State Land Use Boundary Amendment and Change of Zone Applications) STATE AND COUNTY PLANS 5. SLUC: Urban 6. Hawaii State Plan Consistency: Objectives and policies for the Population, Economy — in general, Facility Systems — Solid and Liquid Wastes, Transportation and Energy, and Socio -Cultural Advancement — Housing. 7. General Plan Consistency: Economic, Housing, and Land Use (Multiple Residential) goals, policies and courses of action for North Kona. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Medium Density Urban, which allows for village and neighborhood commercial uses up to three (3) stories and residential and related functions not to exceed a density of 35 units per acre. 9. Kona Regional Plan: The Kona Regional Plan adopted by the Planning Commission in April 1984, designates the area as Residential -10 to 14 units/acre (RES 10 to 14). 10, Master Plan for Kailua-Kona: Adopted by Council Resolution in 1996, it recommends that the project site be developed for low density residential uses, such as single family, duplex and townhomes. Cluster and neo -traditional planning is encouraged to promote parks, open space and pedestrian orientation. In such instances, specific localized densities may be higher, as long as the overall average is reasonable. An average of 5 dwellings per gross acre is used. A pedestrian facility is shown along the subject property's frontage with Hualalai Road and provides a continuous path from Queen Ka'ahumanu Highway to Kuakini Highway. 11. Kailua Village Special District: The subject property is situated within the project area identified as the Kailua Village Special District. On January 21, 2003, the Kailua Village Design Commission voted to recommend the approval of the State Land Use Boundary Amendment and Change of Zone applications subject to an understanding that the applicant will straighten out the alignment of Hualalai Road as much as possible. 12. County Zoning: The 9.264 -acre subject is zoned Agricultural -5 acres (A -5a). Should this rezoning request be approved, a maximum density of 161 multiple family residential units may be permitted. -2- 13. Special Management Area: The property is not situated within the Special Management Area. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 14. Project Site and Property: The 9.2649 -acre project site is situated on the makai side of the Queen Ka'ahumanu Highway between the highway and Hualalai Road. 15. Surrounding Zoning/Land Uses: The Pines, a 189 -lot residential subdivision is situated immediately to the north of the project site on lands zoned RM -4. To the south are lands that currently maintain an A -5a zoning of which one parcel is improved as a homesite and the other accommodates a medical office. Roughly makai of the project site on the opposite side of Hualalai Road are vacant lands zoned RM -2 with the University of the Nations complex and the proposed 103 -unit Hualalai Villages condominium complex on lands zoned RM -4 located adjacent to the south. An application for a State Land Use Boundary amendment from Agricultural to Urban has been filed with the State Land Use Commission for lands located immediately makai of the proposed Hualalai Villages -Phase I complex and south of the University of the Nations complex to accommodate the proposed Hualalai Villages -Pacific Island Cultural Center project. This project is being conceptualized as a 297 -unit Hualalai Villages - Phases II through IV condominium complex and the 26.5 -acre Pacific Island Cultural Center. A hearing on this application before the State Land Use Commission is anticipated in March 2003. 16. FIRM: According to the Flood Insurance Rate Map prepared by the U.S. Army Corps of Engineers, the project site is located within Zone X, an area outside the 500 -year flood plain. The Master Plan for Kailua-Kona recommends a storm sewer system through the project site. 17. ALISH System: According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map, the site is not classified as having agricultural importance. The applicant's representation that the project site is identified as "Existing Urban Development" is incorrect. 18. USDA Soil Conservation Services Soil Survey: Soils on the subject property consist of -3- Waiaha Extremely Stony Silt Loam (WHC). According to the Soil Survey, Waiaha extremely stony silt loam consists of very dark brown, extremely stony silt loam about 4 inches thick. The subsoil is dark -brown very stony silt loam about 14 inches thick. The substratum is pahoehoe lava bedrock. This soil is slightly acid. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. This soil is used for pasture. 19. Land Study Bureau: The Land Study Bureau's overall master productivity rating for agricultural use of soils found within the area of the subject property is Class "E" or Very Poor. 20. Flora Resources: A formal flora survey of the property was not conducted by the applicant. The applicant has noted that the property is almost entirely covered with grass and stands of koa haole. The applicant also assumes that common plants that occur in the general area may also be found on the project site. Some of these plant species may include kiawe, kukui, African tulip, nom and monkeypod. Shurbs such as Christmas berry, klu, castor bean and sodom apple may also be present. Bermuda grass, spiny pigweed, four-o'clock, beggars tick, Sacramento bur, goose grass, heliotrope, sow tistle, rattle pod, finger grass, crab grass, and sand bur are other examples of plant species anticipated within the project site. Overall, the applicant states that "In that those plants found on site are generally alien and introduced species and with an absence of plant species classified as rare, endangered, or threatened, the overall impact of the Project on area flora is expected to be negligible." 21. Fauna Resources: A formal faunal study of the property was not conducted by the applicant. The applicant makes reference to previous studies conducted in the "Project vicinity" that have observed no resident endemic or indigenous bird species. These previous studies observed Japanese White -eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch as the typical species found in the area. Mammals common to the area were the mongoose and feral cats and dogs. None of these species were cited as endangered. According to the applicant, "The Project would create a more open and urbanized habitat than presently exists. This change in the -4- habitat may result in a decrease or increase in the numbers of different species, depending on the habitat preference of the species. The number of feral cats and dogs could decrease due to the urban nature of the residential development." 22. Archaeological Resources: An archaeological survey of the project site was conducted by the applicant and detailed in a revised survey report and a archaeological data recovery plan dated February 2002. The survey report identified a total of five (5) sites that include a habitation and agricultural site complex with a burial, an agricultural site, a refuge cave with a burial, and two rock walls. The agricultural site and the two rock walls are deemed no longer significant since a reasonable and adequate amount of data recovery has taken place. The two sites with burials will be preserved in place with the preparation of a burial treatment plan with the remainder of the non -burial components still needing data recovery. Since there is the possibility of inadvertent human remains being found on the property, the State Historic Preservation Division recommends that a monitoring plan be prepared and implemented. PUBLIC UTILITIES AND SERVICES 23. Access: Primary access to the project area is provided by Hualalai Road, a County - maintained roadway with a pavement width of 20 feet within an approximately 40 -foot wide right-of-way. The paved surface of Hualalai Road is in fair condition. The General Plan identifies Hualalai Road as a collector street that normally requires a minimum right-of-way width of at least 60 feet. Project concept plans submitted by the applicant currently reflect on a single driveway access point along Hualalai Road. 24. Traffic Impact Analysis Report: A traffic impact analysis report (TIAR) was prepared by the applicant dated September 7, 2001. Manual traffic counts for this study was taken on June 12, 2001. The TIAR concludes that "The proposed project is expected to generate only a few trips in the morning and afternoon peak hours. It is not expected to have an adverse impact on traffic operations at the driveway and at the Queen Ka 'ahumanu Highway/Hualalai Road intersection and the Nam Kailua-Hualalai Road [intersection]. A separate left turn at the access road to the project site is not warranted. The roadway and intersection designs as proposed for Hualalai Road will be adequate -5- to handle future traffic. No mitigating actions are required because of the project." Please note that the Department of Public Works recommends a revised TIAR due to the limited very limited scope of the current study and if warranted, a left turn storage lane be installed at the project's Hualalai Road access point. 25. Proposed Roadway Improvements: The applicant has been working with the Department of Public Works to assess the realignment of Hualalai Road fronting the project site to improve sight distances and will convey needed lands within the project site to accommodate this realignment. 26. Water: Water to support the proposed multiple -family residential project will be made available from the County's water system. The Department of Water Supply has confirmed that water can be made available from an existing 8 -inch waterline in Welo Street at its junction with Hoene Place in Kailua View Estates Subdivision on the mauka side of Queen Ka'ahumanu Highway, about 750 feet away from the project site. The applicant will be required to extend the waterline across the Queen Ka'ahumanu Highway while also upgrading an existing booster pump station and two existing reservoirs. Note that these improvements are contrary to the applicant's representations that water can be made available from an existing 8 -inch line located along Hualalai Road with no further system improvements. 27. Wastewater: The applicant proposes to tie into the County's Kealakehe Wastewater Treatment Facility through proposed sewer line easements located on parcels makai of the subject property that will allow for its connection to the County sewerage system along Kuakini Highway. 28. Solid Waste: The nearest landfill is the West Hawaii Landfill at Puuanahulu, which was designed to serve as the regional solid waste disposal facility. 29. Utilities: According to the applicant, electricity lines are located along Hualalai Road fronting the project site. All other utilities are or will be made available to support the proposed project. M AGENCIES' COMMENTS 30. State Land Use Commission: (November 22, 2002 memorandum) "We have reviewed the subject applications forwarded by your memorandum dated November 7, 2002, and confirm that the subject parcel is designated within the boundary of the State Land Use Agricultural District. We note that the subject parcel is located adjacent to areas that were urbanized pursuant to LUC Docket Nos. A76-412/Pacific Basin Resorts, Inc., and A80-478/Donald E. Kraemer, Inc., and John Ellbogen for residential uses. Given the location, scope, and nature of the proposed activity, the State Land Use Commission defers to the judgement of the County of Hawaii regarding this matter. We have no further comments to offer at this time." 31. DLNR-Historic Preservation Division: See attached Exhibit B - January 9, 2003 memorandum 32. Department of Water Supply: (December 23, 2002 memorandum) "We have reviewed the subject State Land Use Boundary Amendment and Change of Zone applications and have the following comments. Water can be made available from an existing 8 -inch waterline in Welo Street at its junction with Hoene Place in the Kailua View Estates Subdivision. This point is approximately 750 feet away and would entail crossing the Queen Kaahumanu Highway extension. However, before additional water services can be given, the 170-gpm booster pump station at the 0.05 -MG Aloha Kona reservoir (Tax Map Key 7-5-23:69) will have to be upgraded at the applicant's expense or in conjunction with other private developers. In addition, the existing 0.1 -and 0.3 -million gallon reservoirs, which would provide storage for this parcel, are cycling under existing conditions, so additional storage will be needed if these if these applications are approved. Before the Department can issue a water commitment the applicant should submit the following: The anticipated maximum daily water usage as recommended by a registered engineer. The Department reserves the right to make a final determination. 2. A water commitment deposit 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 memo. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item a 7- above. Upon completion of Item "1" above, an official water commitment will be effected in accordance with the Water Commitment Guidelines Policy. The commitment will be in writing with specific conditions and effective dates stated." 33. Office of Housing and Community Development: (November 18, 2002 memorandum) "Affordable housing conditions, pursuant to Chapter 11, Housing, of the Hawai'I County Code, are applicable to the Change of Zone request." 34. Police Department: (November 26, 2002 memorandum): "On (sic) staff review we have the following comments concerning this rezoning request. The developer is proposing a subdivision between 144-160 multi -family units. The size of this complex will result in increased calls for police services. Additionally, we have some traffic concerns. The developer is proposed realignment of Hualalai to improve sight distance. Due to the added traffic this development will place on the lower section of Hualalai Road, we would also recommend a `left turn in' lane." 35. Department of Parks and Recreation: (December 10, 2002 memorandum) "It is our understanding that privately maintained recreational facilities will be constructed. Therefore, we have no objections to offer on the proposed multi -family residential development. Thank you for the opportunity to review the proposal." 36. Department of Public Works: See Exhibit C — January 9, 2002 memorandum 37. Fire Department: See Exhibit D — November 14, 2002 memorandum AGENCIES WITH NO COMMENTS OR OBJECTIONS TO THE APPLICATIONS 38. Real Property Tax Division, Department of Health, Department of Transportation, Department of Agriculture, Natural Resources Conservation Service, Department of Environmental Management, Department of Land and Natural Resources -Land Division, Department of Land and Natural Resources -State Parks Division, Department of Land and Natural Resources -Commission on Water Resource Management H APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 39. See attached Exhibit E — letter dated January 13, 2003 from Steven S.C. Lim to Planning Commission Chairwoman Giffin and Planning Director Yuen in response to comments from Police, Office of Housing & Community Development, and Fire. 40. See attached Exhibit F — letter dated January 22, 2003 from Steven S.C. Lim to Planning Commission Chairwoman Giffin and Planning Director Yuen in response to comments from Department of Public Works. 41. See attached Exhibit G — letter dated January 23, 2003 from Steven S.C. Lim to Planning Commission Chairwoman Giffin and Planning Director Yuen regarding DLNR-Historic Preservation Division. 42. See attached Exhibit H — letter dated January 28, 2003 from Steven S.C. Lim to Planning Commission Chairwoman Giffin and Planning Director Yuen regarding comments from the Department of Water Supply. PUBLIC COMMENTS 43. The Planning Department has not received any letters from the general public commenting on the subject applications. 0 REGIONAL LOCATION MAP OF PROPERTY EXHIBIT A STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PUA'A DEVELOPMENT LLC PETITIONER'S SIGNATURE: See Attached Letter of Authorization DATE: October 14, 2002 ADDRESS: 75-5608 Hienaloli-Kahului Road Kailua-Kona, HI 96740 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE: (Bus.)329-6464 (Res. LANDOWNER(S): PUA'A DEVELOPMENT LLC (Fax)329-9450 LANDOWNER SIGNATURE(S): See Attached Letter of Authorization DA ADDRESS: 75-5608 Hienaloli-Kahului Road Kai uaa Kona HI 96740 TAX MAP KEY: 7-5-010:061 STREET ADDRESS OF PROPERTY: ZONING: A -5a SIZE OF PROPERTY: 9.264 Acres CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: STEVEN S.C. LIM ESQ., CARLSMITH BALL LLP ADDRESS: P.O. Box 1720 Kailua-Kona, HI 96745 TELEPHONE: (Bus.)329-6464 October 14, 2002 (Fax) 329-9450 Please indicate to whom original correspondence and copies should be sent. .GINAL: Steven S.C. Lim, Esq. Carlsmith Ball LLP COPIES: Brian R. Cook, Pua'a Development LLC EXHUMT (See Instructions on Reverse Side) A CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: PUA'A DEVELOPMENT LLC APPLICANT'S SIGNATURE: See Attached Letter of Authorization 75-5608 Hienaloli-Kahului Road Kailua-Kona, HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: DATE: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: President, Brian R. Cook PHONE:(Bus.) 329-6464 (Res. LANDOWNER(S): PUA'A DEVELOPMENT LLC (Fax)329-9450 2002 ,ANDOWNER SIGNATURE(S): See Attached Letter of Authorization DATE: October 14, 2002 (May be by letter) LANDOWNER(S) ADDRESS: 75-5608 Hienaloli-Kahului Road Kailua-Kona, HI 96740 REQUEST: A -5a TO RM -2.5 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-5-010:061 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 9.264 Acres AGENT: STEVEN S.C. LIM, ESQ. CARLSMITH BALL LLP ADDRESS: P.O. Box 1720 Kailua-Kona, HI 96745 TELEPHONE: (Bus.) 329-6464 (Res. (Fax)329-9450 Please indicate to whom original correspondence and copies should be sent. "RIGINAL: Steven S.C. Lim, Esq., Carlsmith Ball LLP COPIES: Brian R. Cook, Pua'a Development LLC (See Instructions on Reverse Side) ■ Uj \ 6 ......... . . ........... Uj \ 6 I i P z �i'rism ramp, app i P z m 33' 2B' _ a ... 31 _3 I� O Z � 3 Q C y Z F E � X 33' __— m0 y � r 3 r Z r 9 0 0 i �o r` 6� t s FA Hm Z m m m z z C) n O z m e n = r G I� 0 �a al O r W s O A C) 0 c a n 0 m m D Z zN � � ofl nm — ax2 � m D - y s 210 D 2]2 s Z im N Z �j 214 Z -- r 215 -..-_-- "-�-- 218 290'-�-�� Y� 252 ' Zx X v m m zea - r zes � \' m 298 290 292 m 4 294 -- -�--- 3 _ 296 -- _ h a 5295 ---------- __-- --_300 -. --- 0 -oz A s im N u rm ID rri z m z z I 'J B o Q oei� r o s m T T T Is ■ . ; t- - - - ---- - -- - - , } » � 2 � ° . LID ! ( } ( { } » � . � I 1� O 0 r, y =� y v t. S �' 7- d d 0 IT D D m m m D O z I� O V, x � r U � £^ CZ- N �e I� O M ------------- - - - - -- - I I � it ' I � ISI U9 I y S � , U9 y S � , m S > 1/a 9 0 0 m a m 0 n a z z 0 a 0 m m m 0 A Preliminary Development Site Plan Architectural Elevations Floor plans EXHIBIT B a 9 A r �� .. A o� j✓. 1 I I I iPom�` d, n; � - is I H O O as .nm..^. ° .. i _ _ II�M Inv O luynn> _ice'..{ +� • �li� n n � m C "i ° lu J- um IIS SPF SO 11 • E it ^ 1 Y� la"b ~ tn> > m m� fa o iinl 1 �';� ;•1 S i l r r A n n „ r 13 F Et u9' O 9 � � � � , d as Rem Z° m J 1�iI J• zz az��9 2 „ 1-I' O/. o l� m l,�..; 2 "➢�} y C Y ( j l 'y rl r J A y .i I s _ ,� II � J ti� • � � � :� �(6 �' — a .o :+• J M v \ �K- "I: RAZ i� o,. aA��y I OOI � I I a Summary of Archaeological Inventory Survey Report - August 1999 Summary of Revised Final Archaeological Inventory Survey Report February 2002 EXHIBIT C An Inventory Survey Report For Property Located at TMK: 7-5-10:61 in Kailua, Pua'a 1's` Ahupua'a, North Kona District, Island of Hawai'i Section 1: Introduction At the request of Mr. Brian Cook, Archaeological Consultants of the Pacific, Inc. (ACP) has conducted an Inventory Survey with subsurface testing for a property owned by Bernice P. Bishop Estate, Kamehameha Investment Corporation. The subject property, TMK: 7-5-10:61, is located in Kailua, ahupua'a of Pua'a I", North Kona District, Island of Hawai'i (see Figures I and 2). The purpose of these archaeological investigations was to perform the tasks and meet the requirements specified by the National Historic Preservation Act (NHPA) and the Department of Land and Natural Resources, State Historic Preservation Division (DLNR-SHPD). The investigations would allow for the evaluation of the significance of potential historic resources located on the property including their eligibility for inclusion in the National Register of Historic Places. These investigations also allow for the making of recommendations concerning the mitigation of the impact of future construction activities upon potentially significant historic resources. Inventory Survey investigations have documented the presence of four sites: Site 21760, 21761, 21762 and 21763. Recommendations have been made for mitigation in the form of Data Recovery. It is also recommended that a Burial Treatment Plan be prepared for Sites 21760 and 21762. On call monitoring is suggested for any future construction activities given the possibility of inadvertent discoveries of human remains. Section 2: Physical Setting The subject property, TMK: 7-5-10:61, is located Kailua, ahupua'a of Pua'a Is`, North Kona District, Island of Hawai'i. The project area is located at geographic grid coordinates 19' 38'05"N by 155° 58' 55"W and UTM (Universal Transverse Mercator) coordinates 2173800mN by 187500mE. The elevation of the subject property is between 234 and 342 feet AMSI. (above mean sea level), with the higher elevation at the mauka side. The property has a total land area of 403,539.84 square feet (9.264 acres) and is bordered by Hualalai Road to the southwest, the ahzzpua'a of Pua'a 2"`' to the south, "The Pines" (ahupua'a of Auhaukea'e 2°d) subdivision to the north, and Queen Ka'ahumanu Highway and ROW to the east (see Figure 3). Figure 1: Project Location on a Map of Hawaii 6'0 HAWAaAN Bali ISLANDS Upolu Point North Kohala South I Kohala % /North �•\ % Harnakua r/ Hilo I Hilo ..J ! Bay North Kona // % j South Hilo Cape Puna Kumukahi JJJ South i Kona ` / t Kau 1 H AWAII 0 5 10 20 30 Scale in Miles Present District Boundaries Are Depicted Ka Lae N J l� C' imehameha Investment Corp. TMK: 7-5-10:61 After: Spriggs and Tanaka 1988 2 Figure 2: Subject Property on a U.S.G.S. Map of Kailua Quadrangle Kamehameha Investment Corp. TMK: 7-5-1(:61 lource: U.S.G.S. 7.5 -Minute Series (Topographic) Map 1996 190 - T• N Ka' ua- • Ko 1 /l Q \\ • 7� \ YA 1 UA aka •,. -- em I em Oneo LaraV �_ 1 Kalae Paakai ater, • ockst T nk \ Hillcre Parke, •:; :..•'.....••,.�;.I Woit_Mho .••. 0 100 ZOOm r. -•,..� ' �� I •. Kamehameha Investment Corp. TMK: 7-5-1(:61 lource: U.S.G.S. 7.5 -Minute Series (Topographic) Map 1996 Figure 3: Subject Property on a T.M.K. Map 2 - N6/vHTs r 6 0 )bl THE p/ N�waii C, G fiW, g N65 A7 eA/LUA-KoNA Z " /S. 0/9 Nt </4.l47Ae) �i P��•e..'.S+ted �� - �crirdsvcvnc /otrc+irEavc.�x E.cror. �d c.3o.tc.7 . �i�s •�-c.3ocy . �r �n-E•r..avbe •F��__ 4 caayy b •VCMLSM'T, A O ; ' Tmiyo p Hawaii tb.. fd• - "oYsososs 'TN6 P/N6s AT A.vcyO•� x . Cr !3o yi' ar o, of Act • I KA /G -UA �-.'<oNA r ^q ; I _ - q`. 57 p YDS fa �e Cy KameErArrveha /'+veslh+anf Corp. 00 e'aGq Ac- G. .4�-. �— o .t.� — %Ul°h Wi>`h A Mission Inc, � Tra„q, /»o P NS$37 4. //o Ac. /b 7 - so W -B 4} Oaar C/3.6D6AG7 "KAN pOH `Q�e�oos 0 50 loom /a\ 64 0 Kamehameha investment Corp. TMK: 7-5-10:61 Source: Tax Maps Bureau Updated 1999 4 Figure 4: Preliminary Archaeological Feature Location Map (Upper Portion of Subject Property) OGK p -Fea 31160:47 I l 6 Nea 21760'44 blot¢ cpntcntrat onl Fea 21760:46 - 5 • t ¢ fliccaveT - 6`a donN=!"�vem¢nVcave comple`_` b Fed 21760,44 p.0 5 Uu>.] h mpl l p ,rJIwmplaxtledhtcop' e 31760 laFe21L7 s6h0a8a3 modfiedcutup, entrance enclosure complex i I �r Fee 2176049 l]60:09 >\ Fee 21760 39 Fee 21 ]60:40 Fee 21760 daS ya e✓K' mod fetl outcrop e terrace, R.mountl mb� d cd eFee ?toCfed oatcopl barbad w,e lent¢ l - pavementcomplex - Fee 21760 Fee 21¢]60;4 Fee 21]60:10 ' platform/w ewmplzo'" Trance t ac alignment Fee 21 ]601J,°��}' F v U-sbape 1 ¢complex I - Fee 217607,2, Fea 21760:12, I \ - mound �� mound, argument low well A. _ ,•. Fee 21]6e,1µ I -r • �" Fee 21]6: - € L shape to all I low wall and n='t� moea 2l ]60]14 Fee 21]60:16 - Une pyl o - Fe. 217MS ds �1 leaene ¢ire t �r> as Fea 21]60:50 Feat 'The Pees ~ \ wailed eclosure mound]6D:15 subervisibn F ` - rabble concenVaron �' Fee 21760.2 1 '•T � platlotrtx �! Fee 21]60:24 Fee 21760:17 Fea217b0@6 }low - qgwaII $� �ouPd Fee 2f1o7w6036 mand m21760 :19 nuh,Il g ,k Feaerra2ce1 ]60:23 7 t F W1aIld]60:2Fee (r LL rhaded 020 Ar Fee 21760 31 'Fee 21760:1�V yamou Dorm Fee 21760:32 � ✓' 1 VP+ °5Ye'. tJ Fee 21760 35 J n ♦♦'.'. `1. well Fee 21760:33 3 Fee 21760 28 1 Amwnd Fea •• 9 9 �m e Fed Y 31c ; sma 'U Il terrace y p Fee 217 60:90 r` 4ubone - �€ r _ • Fee 21760:27 d f --Site 21760 ff lea 21760:29 6 \ Fee 21]60:32 Caund 'r mo une Fee 2960:37 \T Fea 31760:30 qg mounds, outcrops txmce5 >' MATCH LINE Bulldoze0 -- — Prppedy boundary Tree )principally k awe) �r 0 Sire boundary Kamehameha Investment Corp. TMK- 7-5-10:61 17 0 10 20 30 40 50m Source: Wes Thomas & Associates 1992 site Reh Figure 5: Preliminary Archaeological Feature Location Map (Lower Portion of Subject Property) 21763 k Wall sPttT oml Kanlehameha Investment Corp. TMK: 7-5-10:61 Source: Wes Thomas & Associates 1992 is remains represent a secondary burial wherein only a portion of the remains were deposited secondarily. Conversely, this may be a disturbed primary burial. with the remainder of the individual removed by humans or other animals. Given the clustering of the osteological materials, it does not seem likely that the disturbance would have resulted from fluvial action. Site 21763: Rock Wall The long rock wall which makes up this site is likely associated with agricultural function and/or boundary marking. It is unknown whether or not this site is contemporaneous with the other sites on the subject property. Similar walls are known to date to the post -contact period, and it is likely that this site dates to the post -contact period as well. Section 6.2: Significance Criteria Evaluations and Recommendations The archaeological investigations conducted for the current project documented four sites of significance to the interests of historic preservation. Site 21760 was determined to be significant for its scientific value, Criterion "D" of the National Register of Historic Places Criteria, as well as being significant based upon its cultural value, Criterion "E" of the Hawaii Register Review Board Criteria. Site 21762 was also determined to be significant for its scientific value, Criterion "D" of the National Register of Historic Places Criteria, as well as being significant based upon its cultural value, Criterion "E" of the Hawaii Register Review Board Criteria. Site 21761 was determined to be significant for its scientific value, Criterion "D" of the National Register of Historic Places Criteria. Site 21763 was determined to be no longer significant for its scientific value as all pertinent information was obtained during the current project (refer to Table 5). Based upon the findings on the subject property, further archaeological investigations in the form of Data Recovery are recommended to mitigate the impact of future construction on the subject property. Construction would adversely affect significant archaeological properties which exist at Sites 21760 and 21762. Information in the form of Data Recovery with a focus on these sites would be beneficial. A Burial Treatment Plan should be prepared for Sites 21760 and 21762. On call monitoring is suggested for any future construction activities given the possibility of inadvertent discoveries of human remains. 65 w 0 F a W w 9) p 0 a m 3 m g 66 2 Cn j 00 m C+ d 66 U N m a m L U cn m ro L L u U Cn_ y v U = u m � � U a = on � � U Y V C O Co V i � R = L, U cn ai 00 a o b in ea L' a U �p A �' z y •.. .. O w�czz CD 7 U .. u4]aj J Conclusion An Inventory Survey with subsurface testing has been conducted on property located in Kailua on the Island of Hawaii. The purpose of the investigations was to determine if significant historic properties exist within the project limits and, if present, properly document and evaluate those sites. Inventory Survey investigations have documented the presence of four sites: Site 21760, 21761, 21762 and 21763. The preceding report summarizes the findings and evaluations. Based upon the results of the current investigations, Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties on the subject property under the Advisory Council Regulations, 36 CFR 800.9(b)(1). Data Recovery investigations would be beneficial for Sites 21760 and 21762. It is also suggested that a Burial Treatment Plan be made for Sites 21760 and 21762. On call monitoring is suggested for any future construction activities given the possibility of inadvertent discoveries of human remains. 67 An Inventory Survey Report For Property Located at TMK: 7-5-10:61 in Kailua, Pua`a 1St Ahupua`a, North Kona District, Island of Hawaii Section 1: Introduction At the request of Mr. Brian Cook, Archaeological Consultants of the Pacific, Inc. (ACP) has conducted an Inventory Survey with subsurface testing for a 9.264 acre property owned by Bernice P. Bishop Estate, Kamehameha Investment Corporation. The subject property, TMK: 7- 5-10:61, is located in Kailua, ahupua `a of Pua`a I", North Kona District, Island of Hawaii (see Figures 1 and 2). The purpose of these archaeological investigations was to perform the tasks and meet the requirements specified by the National Historic Preservation Act (NHPA) and the Department of Land and Natural Resources, State Historic Preservation Division (DLNR-SHPD). The investigations would allow for the evaluation of the significance of potential historic resources located on the property including their eligibility for inclusion in the National Register of Historic Places. These investigations also allow for the making of recommendations concerning the mitigation of the impact of future construction activities upon potentially significant historic resources. Inventory Survey investigations have documented the presence of five sites: Site 21760, 21761, 21762, 21763 and 23272. Recommendations have been made for mitigation in the form of Data Recovery for Sites 21760 and 21762. It is also recommended that a Burial Treatment Plan be prepared for Sites 21760 and 21762. Preservation is recommended for Site 21762. On- call monitoring is suggested for any future construction activities given the possibility of inadvertent discoveries of human remains. Figure 1: Project Location on a Map of Hawaii o� CS �. HAWAUM O V P ISLANDS Upolu Point IUWAN V/ North Kohala -J S outh Kohala jNorth �-\ ( Hamakua r Hilo j l Hilo •+J f Bay North Kona t South Hilo Cape ~ .J Puna Kumukahi South Kona j / t • • • I Kau 1 HAWAII 0 5 10 20 30 Scale in Miles Present District Boundaries Are Depicted Ka Lae N I� 1,. I� Kamehameha Investment Corp. TMK: 7-5-10:61 After: Spriggs and Tanaka 1988 2 Kamehameha Investment Corp. TMK: 7-5-10:61 Source: U.S.G.S. 7.5 -Minute Series (Topographic) Map 1996 Section 2: Environmental Setting The subject property, TMK: 7-5-10:61, is located Kailua, ahupua'a of Pua`a 15', North Kona District, Island of Hawaii. The project area is located at geographic grid coordinates 190 38' b5'N by 1550 58' 55"W and UTM (Universal Transverse Mercator) coordinates 2173800mN by 187500mE. The elevation of the subject property is between 234 and 342 feet AMSL (above mean sea level), with the higher elevation at the mauka side. The property has a total land area of 403,539.84 square feet and is bordered by Hualalai Road to the southwest, the ahupua'a of Pua`a 2nd to the south, "The Pines" (ahupua `a of Auhaukea`e 2"d) subdivision to the north, and Queen Ka`ahumanu Highway and ROW to the east (see Figure 3). The makai end of the subject property is 857m from the ocean. The terrain consists of between 6-12% slopes, sloping east to west down towards the ocean. The vegetation consists of various weeds and grasses, haole koa (Leucaena glauca), kiawe (Prosopis pallida) and a few monkey pod trees (Samanea samen). The vegetation is moderate to dense, with the most dense area located in the central portion of the property. There is a bulldozed swath along the northern border of the property, with pushpiles of rocks and vegetation along the southern edge of the swath. Portions of the southern half of the property is less densely vegetated, which may indicate bulldozing or chaining activity in that portion of the property. Otherwise, there does not appear to have been much disturbance on the property. Sato et al. (1973) describe the soils in the area as Waiaha extremely stony silt loam. Two layers of soil (very dark brown extremely stony silt loam above dark brown very stony silt loam) are present above pahoehoe bedrock. Rainfall averages from 20-40 inches annually. The current investigations by ACP found that soil on the property consists of between one and two layers of soil similar to those described by Sato et al.. 4 Figure 3: Subject Property on a T.M.K. Map o AL py 4 : -Y IV . ,%rc7,vq NE/GHTS - � TjI 3 D 'Taiyc Hawaii co,;ct�, rg> THE' A - INES AT kAILUA-KO/VA 2: " Nt /5. 0/9 Ac. -"r ,�c+,rdwc�vcx rO�c�rd.wcwc E.GM'/, lfY�o.�J7 ' �sMS; •<`L•3oyGy Cs+fl. ^q-G37f�J � T.A&o Hawaii eu., cfd• •o'Zs°r* - /v --__ _ JI AT ANcR .tf'r. i••� ie1< � Arl.UA^ONA.I" . cr o, oy 9c] � .. C T Greentre/�rJg �' /3. 755 Acs. ,4C. p 57 V _ "----�— C 7 �S fa fe y Kan..aFra..+u+m /,+vc5lr..snf Comp. •• 9.264 Ac. Youfh Wifh A Minion Inc. Nu_ TrOn. Inc, d s.s3711c, D / A N 7- O N SU W �� y3o9�6rO. /�• 606 Ac� f?OQ �Y' ; 0 50 100m — 0 Kamehameha Investment Corp. TMK: 7-5-10:61 Source: Tax Maps Bureau Updated 1999 5 Section 6: Discussion Given the information that the subject property was granted to King Kamehameha V during the Great Mahele, it was conjectured that features on the subject property may have been related to that individual or members of his family. The current investigation could not confirm any such association. However, further investigations in the form of Data Recovery may assist in making that determination. Radiocarbon dating results showed that the subject property was utilized prior to the time of Kamehameha V (refer to Appendix E). Site 21760: Agricultural/Habitation Complex Site 21760 covers a significant portion of the subject property and consists of numerous features, the majority of which are related to agricultural activities. A small percentage of the features are related to habitational functions. These findings are consistent with the expected finds for the subject property. All excavations which were conducted during the current project took place at Site 21760. Further research in the form of Data Recovery is recommended for this site. A small number of artifacts were collected from Site 21760, all of which were recovered from subsurface excavations. Traditional items included possible coral abraders, a basalt abrader and volcanic glass flakes. Two post -Contact items were collected, including a milk glass button and a horseshoe with square holes. These artifacts indicate a variety of activities which occurred on the site, including tool use and/or manufacture. The post -Contact artifacts indicate the presence of horses on the property as well as people. A complete listing of all artifacts collected may be referred to in Appendix B. A variety of invertebrate marine materials were present at Site 21760. Gastropods collected included Littorina sp., Strombus sp., Cypraea sp., Drupa sp. and Conus sp.. The only bivalve species present was Isognomon. Unidentified shells were also present. In addition, a small amount of coral was present along with a significant amount of echinoderm. The largest amount of marine materials present by weight included echinoderm, Cypraea sp. and Conus sp.. These remains represent midden materials which may be associated with short term or permanent habitation. The coral and echinoderm spines may represent potential tool materials. A complete listing of all marine materials collected may be referred to in Appendix C. Only a small amount of vertebrate remains were recovered from Site 21670. These materials include fish, reptile, bird and mammal along with samples of indeterminate class, order and family. Of the fish samples, all were of indeterminate species except for one sample of Acanthurid. One sample of a small lizard was present. Of the bird remains, only one family was present, a Medium Procellariid. The majority of vertebrate remains were mammals. Three species of rodent were identified, the majority of which is Rattus exulans. One sample of Rattus sp. was present. One sample of Mus musculus was present. A Canis familiaris puppy tooth was present. A few samples of small to medium mammals of indeterminate order and family were also present. Only one sample of a small vertebrate of indeterminate class, order and family was present. A complete listing of all vertebrate remains collected may be referred to in Appendix D. w1 According to Ziegler, the "features excavated seem to represent very slightly used human activity areas... and the deposition period includes at least the Historic Period because Mus musculus is present." Ziegler also notes that "The remaining collective vertebrate material is too scant to provide a reasonably valid basis for further attempted interpretation of the Features." The only certain midden materials present are the fish remains, though these are too few in number to make a determination of permanent habitational use of the features. Agriculture Related Features The agricultural features on this site concur with the agricultural activities which took place in the kula subzone of the Kona Field System. Mounds were numerous across the site and may reflect clearing activities to provide rock free planting areas. On the other hand, they may have been used as a growing medium themselves for sweet potatoes and/or gourds. The function of modified outcrops, as with the mounds, may have been for clearing activities to provide rock free planting areas, and/or may have been used as a growing medium themselves. Walls may have functioned as water diversions during times of flash flooding or boundary markers for garden plots. Terraces provide a level growing medium for cultivating plants. In addition, terraces may have functioned as either residential features or surfaces for activities related to harvest/preparation of farm goods. Rubble concentrations appear to be the result of clearing activities. Enclosures may have served the function of temporary habitation related to agricultural activities. Additionally, enclosures may have confined livestock or enclosed garden plots. Habitation Related Features Certain features on the site may likely have functioned for temporary habitational purposes. A number of features contained small amounts of cultural materials, indicating temporary habitation. These features are all clustered at the mauka end of the site, with the exception of Features 21760:1 and 23. This location may have been chosen by the occupants due to the presence of lava tubes (at least four) in this area. The caves would serve as potential temporary shelters and/or places of refuge. Although no evidence of modification related to refuge were found in these caves, their use as refuges cannot be discounted. Feature 21760:1, a small platform, contained a small amount of midden materials in the soil deposits below the feature. Prior to excavation, it had been conjectured that this platform may have been a burial platform. However, no human remains were encountered. A charcoal sample was obtained from TU2, however an insufficient amount of material was present for testing. As midden materials and an ashy subfeature (21760: la) were present below the platform, it is possible that more than one episode of use occurred at this location. However this could not be determined. Feature 21760:3, a platform/cave complex, contained post -Contact and traditional artifacts as well as a small amount of midden materials. One artifact from TU4, a three holed milk glass button, suggests human activity at the feature during the post -Contact period. The 61 traditional artifacts, a basalt abrader and volcanic glass flakes, and the majority of'midden remains were recovered from the excavation unit (TU6) at the entrance to the cave. A possible remnant of a hearth (Subfeature 21760:3a) was also present at the base of TU6. The cave may have been utilized for temporary habitation, and/or possibly refuge, although no internal modifications were present in the cave. It could not be determined whether or not the use of the cave was associated with the external use. The function of the three small depressions on the surface of the lower platform could not be determined. Further testing of this feature during Data Recovery is suggested. Feature 21760:5, a cave/modified outcrop/pavement complex, contained a small amount of midden materials inside the cave. The cave may have been utilized for temporary habitation and/or possibly refuge. A small amount of human remains were recovered from a CVS test (CVS 14) within the cave. The area surrounding the CVS test was expanded and explored in an attempt to determine the presence of additional articulated osteological materials. However, none were found. Due to the very small amount (only 1.1 g) of the human remains present, they do not appear to represent that of a burial. It is unknown why these remains were isolated as such. It is possible that they are related to a nearby and as yet unidentified subsurface burial, and were shifted away from the other remains due to some form of disturbance. The disturbance may have resulted from rats (whose remains were also present in the soil), humans (who apparently utilized the cave for either refuge and/or habitation purposes due to the presence of midden materials) or fluvial action. It is uncertain whether or not the internal use of the cave was contemporaneous with the external modifications. No excavations were conducted outside the cave. The pavements may represent habitation use. A low area is present in the center of the feature which may represent a collapsed tube or filled crevice, possibly the collapse noted in the makai running chamber in the cave. The rock lined hole along the south edge of the feature is of unknown function, possibly a post hole. Further testing of this feature during Data Recovery is also suggested. One feature, Feature 21760:13 (a U-shaped enclosure), exhibited evidence of a more extensively used habitation, given the presence of a significant amount of midden deposits and somewhat elaborate structural components. The soil backed terrace provides a level surface which may have been utilized for habitation. Excavation at the upper end of the feature revealed the presence of a post -Contact artifact (horseshoe with square nails) outside the enclosure (TU5) and a significant amount of marine midden materials inside the enclosure (TU7). From the amount of midden materials present at this feature, a habitational function is indicated, though it could not be determined whether recurrent temporary habitation or permanent habitation occurred at this feature. A charcoal sample was taken from Subfeature 21760:13a in TU7 which was found to date to a most probable age of AD 1186-1442 (one sigma) or AD 1335-1404 (two sigma). This is an unusually early date for the Kona region. Data Recovery at this feature is suggested in order to further assess its function. Feature 21760:23, a terrace, is an unusual feature. The leading edge is nicely faced, standing as high as 1.21n on its downslope side with cobble fill extending out only a short distance from a large area of level exposed pahoehoe. It is quite formal in its construction. Given that the terrace is not soil backed, but rather has a surface of bedrock, it does not appear to be agriculturally related. A constructed hole, possibly a post hole, is present, which also 16 suggests usage other than for agriculture. Excavations just outside of and into the face of the terrace revealed possible traditional artifacts (fragments of coral) and a small amount of midden materials. It is possible that this feature was utilized for temporary habitation or some other function. Data Recovery at this feature is suggested in order to further assess its function and age. Feature 21760:41, a modified outcrop/pavement complex, may possibly have been utilized as a temporary habitation due to the presence of the pavement. The pavement may also be burial related. No excavations were conducted at this feature during the current investigations. Data Recovery may assist in the determination of the function and age of this feature. Feature 21760:44, a rubble concentration/pavement/cave complex, contained charcoal on the ground surface inside the sealed cave, indicating temporary habitation and/or possibly refuge, although no internal modifications were present inside the cave. Human osteological material was present inside the cave. These remains were present on the ground surface near the entrance to the cave (which had been sealed) and were quite fragmentary, representing only a small portion of the individual (77.9g). According to Ziegler, these remains represent an individual who was "at least late teenaged" and "the numerous smaller frag's (sic) may all belong to the scapula and innominate." Due to the fragmentary nature of these remains, they do not appear to represent that of a burial, but rather may have been secondarily deposited by rodents, humans (who apparently utilized the cave for either habitation and/or possibly refuge purposes due to the presence of charcoal on the cave floor) or fluvial action. Indeterminate osteological materials (32.9g) were recovered from CVS 11 tucked into a crevice in exposed bedrock underneath a cobble paving which could possibly represent human remains. According to Dr. Ziegler, "judging from the general shape and appearance of the larger frag's (sic), most or all of this could be Homo sapiens." If these remains are human, they may have been secondarily deposited by rodents, or they may represent that of a bundle burial, as only fragments of longbones were present and were all clustered in a small crevice in the bedrock. Data Recovery would be beneficial at this complex in order further investigate its function, and to obtain a date for the use of the cave. Given its close proximity to Feature 21760:43, an examination of the association between these two features would be beneficial. Feature 21760:46, a rubble concentration/pavement/cave complex, contained a small amount of midden materials at the entrance to and inside the cave. The presence of midden materials indicate temporary habitation and/or refuge functions. No internal modifications were observed inside the cave. Data Recovery may assist in the determination of the function and age of this feature, with particular attention paid to the pavements and cave. Other Features 21760:9 and 21, a rubble concentration partially enclosing a small platform, is of unknown function, possibly used for agriculture and/or temporary habitation. It could not be determined how these two features relate to one another. It was conjectured prior to excavation that the platform (Feature 21760:21) may have been a burial platform, however no human 63 remains were present in the trench (CVS 13) which was cut through the middle of the feature. Data Recovery is recommended in order to further assess the function and age of these features. Feature 21760:34 is a long low wall which extends close to and roughly parallel with the ahupua'a boundary. This wall may represent an old ahupua'a boundary. Feature 21760:59, an L-shaped soil backed terrace, contained a few fragments of coral, one of which may be an abrader. These fragments of coral may have been gathered in order to use as abraders and may indicate that this feature was a workshop area. Feature 21760:43, a platform/L-shaped enclosure complex, is of undetermined function, possibly used for temporary habitation/agriculture. The level soil filled enclosure may have been utilized for temporary habitation, though no cultural materials were present in CVS 10. Tine constructed hole on the top of the platform is of unknown function and may represent a post hole. The relation between this feature and Feature 21760:44, a rubble concentration/pavement/cave complex which abuts Feature 21760:43, is unknown. Further investigations in the form of Data Recovery may assist in the determination of this features age and function. Feature 21760:50, a walled enclosure which surrounds a sink -like depression, is of undetermined function. No cultural materials were recovered from CVS 2, which was placed inside the enclosure. It is possible that this feature was utilized for temporary habitational purposes, however this could not be confirmed during the present project. Further investigation in the form of Data Recovery would assist in determining the function and age of this feature. Site 21761: Agricultural Site This site is comprised of a small scattering of agricultural features. These features are likely related to Site 21760, however due to the fact that these features are somewhat distant from the features of Site 21760 and are less densely clustered, they have been designated as components of a separate site. It is possible that portions of this area have been bulldozed or chained some time in the past, which would account for the lack of features. This area is also comprised of less dense vegetation. Site 21762: Refuge Cave This cave has clearly been modified with defensive purposes in mind. The initial crawlway was so thoroughly filled, that it gave the initial impression of being naturally collapsed. Angular basalt stones were intentionally piled into the naturally smoother and larger hannel in order to make entrance as difficult as possible. One must crawl flat over the rocks -ising elbows and legs to maneuver. The first chamber is entirely in the dark zone, a condition due in part to the built-up crawlway. The wall at the back of the first chamber has a subtle and practical defensive purpose. Although it is not very high (approximately 70cm), it prevents a direct charge into the second chamber, which would have been possible without it. With the wall in place, an attacker would have to stop and climb over the wall, giving the defender a distinct advantage. In addition, the number of stones in the wall would prevent any one person from dismantling it in a timely manner. The second chamber, also entirely in the dark zone, contains small walls as a further defensive measure. The uneven terrain would have provided natural advantages to the defenders as well, as only they would have been familiar with the more easily traversed portions. Even in the moderate light from lanterns, as our experience bore out, tripping was a very easy thing to do. The curious "turret' enclosure would have proven an admirable vantage point from which one would be well -protected while still being able to jab through the upright stones with a spear. A similar structure could not be found in the refuge cave literature available. The massive wall at the end of the second chamber, compounded by the steep rubble fill, could have partially filled a former entrance (subsequently sealed). If so, it would have provided a potential escape route into other possible egresses as well as a blockade from outside attack. Few cultural materials were present in the cave. The majority of these materials were located within the first chamber, including abraders, kukui nut shell fragments, conch shell fragments, cowrie shell portions of octopus lures and an adze fragment. The small number and type of materials present suggest short term refuge usage of the cave, predominately in the first chamber. The small amount of soil in the cave appears to have been washed in, though it is possible that some of it may have been culturally transported. With the exception of the area where water was dripping into the cave, the soil was dry throughout. However, there is evidence that significant amounts of water finds its way into the cave at times, as some of the artifacts were stuck in the silt. Refuge caves such as this were designed to protect people in times of trouble, such as political unrest or war. The majority of known refuge caves are concentrated in Kona, although this could be reflective of a sampling bias due to the disproportionate amount of fieldwork done in Kona. Such caves may have provided a hiding place for an elite on -the -run, or else for the women and children of the men going into battle. Depending on the extent of the interior modifications, it can be hypothesized that the more elaborate the defenses, the more high-ranking the individual for whose use the cave was prepared. This particular cave exhibits a relatively intense workload, as well as rather sophisticated defensive architectural technology. It does not, for example, rank with Sites 5060 (Schilt 1984; Kennedy and Brady 1997) and D7-27 (Schilt 1984) in Kona or Lua Nunu cave in Ka`u (Bonk 1969) in regard to the extent of the total modifications, but there is a difference: extremely elaborate refuge caves such as 5060 and D7- 27 (Schilt 1984) were initially utilized as habitation caves and were later modified for defense. Site 21762 appears to have been modified from its natural state solely as a short-term refuge. 65 The cave itself was a natural choice for refuge modification, as the long initial crawl space is the single most desirable feature. However, the amount of work that went into tightening the crawl space and the interior lines of defense speak of a project of considerable proportions. It must be noted that the amount of effort that went into this cave's modifications does not rule out a non -elite use. It is of course possible that groups of commoners collaborated on the venture to protect their own families. Examples of this are not unknown on the island. The "Herbert C. Shipman" or Keala Cave (Emory 1945; Allred, Kempe & Halliday 1997) is one such example, as is the Laniakea Cave (Ellis: 1963: 30, 61-62; Soehren 1980). This cave exhibited no interior modifications aside from the entrance refuge barrier. However, a constructed fortification (a "People's Fort" as Ellis calls it) existed, denoting considerable labor investment. Ellis is very specific on the fact that he was informed by locals that the cave was utilized by commoners and not elite. It can be argued that in the case of Site 21762 the cave exhibits the touch of an architect experienced in such matters, and this might denote attachment to a wealthy patron. For example, it is comparable in scale of labor to the Pahoa Tube (Yent 1983; McEldowney, H. and F. D. Stone 1991) in Puna, cave 14293 in Kona (Ogden 1993), and caves 16677; 16691; 10298; 10300; 16785; 16425; 16478, also in Kona, as described by Hammatt et al. (1997). While the primary use of the cave was for refuge purposes, it was also utilized in part for burial purposes. Although only one burial was identified, it still remains possible that additional burials are present beneath soil or rubble fill. Burials may also be present in chambers which could not be accessed. The one burial identified in the cave was very fragmentary, representing only a small portion of the individual. It is possible that these remains represent a secondary burial wherein only a portion of the remains were deposited secondarily. Conversely, this may be a disturbed primary burial, with the remainder of the individual removed by humans or other animals. Given the clustering of the osteological materials, it does not seem likely that the disturbance would have resulted from fluvial action. Site 21763: Wall The long bifaced core filled wall which makes up this site is likely associated with boundary marking and possibly agricultural function. It is unknown whether or not this site is contemporaneous with the other sites on the subject property. Similar walls are known to date to the post -Contact period, and it is likely that this site dates to the post -Contact period as well. Site 23272: Wall Similarly to Site 21763, the roughly stacked wall which makes up this site is likely associated with boundary marking and possibly agricultural function. This site does not appear 66 to be contemporaneous with Site 21763, due to its construction style, which is indicative of a pre -Contact context. Section 7: Significance Criteria Evaluations and Recommendations Significance Evaluations The archaeological investigations conducted for the current project documented five sites of significance to the interests of historic preservation. Site 21760 was determined to be significant for its scientific value, Criterion "D" of the National Register of Historic Places Criteria. Site 21762 was also determined to be significant for its scientific value, Criterion "D" of the National Register of Historic Places Criteria, as well as being significant based upon its cultural value, Criterion "E" of the Hawaii Register Review Board Criteria. Sites 21761, 21763 and 23272 were determined to be no longer significant for their scientific value as all pertinent information was obtained during the current project (refer to Table 5). Table 5: S A: Agriculture B: Burial H: Habitation R: Refuge BM: Boundary Marker Recommended Mitigation of Site Significance Evaluations Evaluations D: Site Likely to Yield Important Scientific Data E: Site Has Cultural Significance (heiuu, shrine, burial, etc.) NIS: No Longer Significant BT: Burial Treatment (to include treatment of human remains not associated with burials) DR: Data Recovery MON: Monitoring NFW: No further work FRES: Preservation 67 Recommendations Based upon the findings on the subject property, further archaeological investigations in the form of Data Recovery are recommended to mitigate the impact of future construction on the subject property. Construction would adversely affect significant archaeological properties which exist at Sites 21760 and 21762. Information in the form of Data Recovery with a focus on these sites would be beneficial. A Burial Treatment Plan should be prepared for Sites 21760 and 21762. It is recommended that the Burial Treatment Plan give instructions to preserve the burial at Site 21762 in place, and to gather the human remains (including possible human remains) from Site 21760 (which are not representative of burials) and place these within Site 21762, where they will likewise be preserved. A Preservation Plan should be prepared for Site 21762. On-call monitoring is suggested for any future construction activities given the possibility of inadvertent discoveries of additional human remains. No further archaeological investigations are recommended for Sites 21761, 21763 and 23272. Conclusion An Inventory Survey with subsurface testing has been conducted on property located in Kailua on the Island of Hawaii. The purpose of the investigations was to determine if significant historic properties exist within the project limits and, if present, properly document and evaluate those sites. Inventory Survey investigations have documented the presence of five sites: Site 21760, 21761, 21762, 21763 and 23272. The preceding report summarizes the findings and evaluations. Based upon the results of the current investigations, Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties on the subject property under Chapter 6E draft rules for archaeological Inventory Surveys. Data Recovery investigations are recommended for Sites 21760 and 21762. It is also suggested that a Burial Treatment Plan be prepared for Sites 21760 and 21762. On-call monitoring is suggested for Site 21760 for any future construction activities given the possibility of inadvertent discoveries of human remains. Preservation is recommended for Site 21762. No additional archeological investigations are recommended for Sites 21761, 21763 and 23272. M Summary of Archaeological Data Recovery Plan - February 2002 EXHIBIT D Design Document JOSEPH KENNEDY arcbae`OI[y6f An Archaeological Data Recovery Plan for a Property Located at TMK: 7-5-10:61, Pua`a 1St Ahupua`a, North Kona District, Island of Hawaii Section 1: Introduction At the request of Mr. Brian Cook, the property owner, Archaeological Consultants of the Pacific, Inc. (ACP) has prepared this Data Recovery Plan for a property located at TMK: 7-5- 10:61, in the ahupua `a of Pua`a 1 Sc, district of North Kona, on the island of Hawaii (see Figure 1). Previous archaeological investigations conducted on the subject parcel have identified properties significant to the interests of historic preservation. Because it was determined that proposed development of the subject property would have an "adverse effect' on these significant historic properties, Data Recovery was recommended. In June of 1999, ACP conducted an Archaeological Inventory Survey of the current subject property. Those investigations identified five previously unidentified archaeological sites (Sites 50-10-28-21760, 21761, 21762, 21763 & 23272; please note that in the remainder of this document only the 5 digit individual site numbers will be cited)(Elmore, Bollt & Kennedy 2002). Site 21760 was found to consist of an extensive agricultural/habitation complex covering close to half of the subject property. One episode of utilization at Site 21760 was determined to date to a most probable age range of AD 1186-1442 at 16. A small agricultural site (Site 2176 1) was also documented which may date to either the pre -Contact and/or post -Contact periods. A refuge cave (Site 21762) was recorded which likely dates to the late pre -Contact and/or the early post -Contact periods. Site 21763 was found to consist of a long, well constructed stone wall which likely dates to the post -Contact period. Site 23272 was found to consist of a stone wall less formally constructed than 21763 and likely dating to the pre -Contact period. Previous investigations have recovered sufficient information regarding Sites 21761, 21763 and 23272 such that they have been determined to be "No Longer Significant" (refer to Elmore et al. 2002). Site 21760 was determined to be significant for its information content while Site 21762 was determined to be significant for its information content as well as for its cultural value. Both were recommended for Data Recovery. This plan presents the details of the proposed Data Recovery at Sites 21760 and 21762. The acceptance and implementation of this plan as well as the production of an approved Data Zecovery Report will help mitigate the "adverse effect' proposed developments will have on the historic properties present_ Figure 1: Project Location on a Map of Hawaii o C� a HAWAILAN C>� ISLAhIDS Upolu Point North Kohala -J 5 outh Kohala % /North �- Hamakua Hilo I Hilo / ....! ,l Bay North Kona f South Hilo Cape \ j Puna Kumukahi South / Kona \ r r a Kau H AWAI I 0 5 10 20 30 Scale in Milos Present District Boundaries Are Depicted Ka Lae 1N i1 KamV DPR TMK: 7-5-10:61 After: Spriggs and Tanaka 1988 Section 2: Physical Setting The current subject property is located at geographic grid coordinates 1550 58' 55"W by 19° 38'05"N, and at UTM (Universal Transverse Mercator) coordinates 187500111E by 2173800mN. The subject property ranges in elevation from 234 to 342 feet AMSL (above mean sea level) and is located approximately 857 meters (m) from the coastline (see Figure 2). The subject property is located in the ahupua'a of Pua`a I", North Kona District, Island of Hawaii, within the kula sub -zone (0 to 500ft AMSL) of the Kona Field System. The project area measures approximately 403,540ft2 (9.3 acres) and is bordered by Hualalai Road to the southwest, the ahupua'a of Pua`a 2"d to the south, "The Pines" (ahupua'a of Auhaukea`e 2"a) Subdivision to the north, and Queen Ka`ahumanu Highway and its Right -of -Way to the east (see Figure 3). The terrain across the subject property consists of between 6 and 12% slopes, sloping east to west towards the ocean. Sato et al. describe the soils within the project area as Waiaha extremely stony silt loam (Sato, Ikeda, Paeth, Smythe & Takehiro 1973:Sheet 85). Soils actually encountered during inventory investigations conformed well with those expected to be present. Located in a dry leeward climate, rainfall on the subject property averages between 30 and 40 inches a year and the mean annual temperature is approximately 75° Fahrenheit (Armstrong 1973). Vegetation on the subject property consists of moderately dense stands ofhaole koa (Leucaena glauca) interspersed with individual kiawe (Prosopis pallida) and monkey pod (Samanea samen) trees. Ground cover consists of a variety of exotic grasses and vines including California grass (Bracharia mutica) and elephant grass (Pennisetum purpureum) as well as liliko'i (Passiflora sp.). Vegetation is moderate to dense with the most dense area located in the central portion of the property. A bulldozed swath was observed along the northern border of the property with push piles of stone and dead vegetation along the southern edge of the swath. KamV DRP INK �-1uo _._ Figure 3: Location of Subject Property on a TMK Map KomV DRP "IMK:7-5-IO.b1 Somcc: Tax i1"laos Bure,w 1999 2 KONA 5eza'b. C: I a �- r�.yo Nai aii Co.j Gfa/. THE f?1N65 AT KfiILUA-KoNq 2C �\ /S. 0/9 Ac. n<eesr �rl N1 NA -"' .vxa crir dwcvaz �oc,a �rE.wc,wc ECM'/. eY3o�j� /E`s^�1r •c`c3ayGj 1 wca cur6,+n.rw¢ esyr.4rao�j Y �� b .� _ Nt.✓OR LSM'T 'UTNE P/NES AT grocyoe C,tyr•r-� � KA/L.UA^KoNA I° .0 C- 7 !3o y� e� o, of Ac] - i >ceenlre/SSB• p57 d y Ka,++eF+amri+e /.. vesrr.,an>` Corp. 9.264 Ac. GS U .4v�-. 'D 5 ul Youfh A'0'17 A Minion Inc, Na'-Trana Inc O ' SS37 Ac N SO _ Q, 3 s -B 'KAN6b .ice Fz -._ /✓'.606 Ac, x70 Q , ••``' _ ' -- ---------..................... � _ \ Il 9 64 o 50 100111 , ----e.�� . \ — KomV DRP "IMK:7-5-IO.b1 Somcc: Tax i1"laos Bure,w 1999 � �M sheet he Pat zubdwsm Figure 4: Archaeological Feature Location Map (Upper Portion of Subject Property) Site 27760 '. PLL Fes 27760/ rI, G K W _ Fee 21)60.40 - wall. 1 O -- *,.aa ttle concenlralmnl Fea 21760:06' S,ta y\76] 1 enUcave complea Tuttle conceMlatoM / Fe 21)60.41 VeT pa epUcave\cymplei - - eted ouwopl - Feoa'2170.45 c, 1• pavement dree Ivay'' �,Y 8 Fes 21760:43 �pellomUL shape valiance •[�^ . "- /• @/ tlo U e comple[ Fea 21760 49 R F 21)60:40 .l Fea 2176D 39 Fea. 21)60: 40 Fea 21)6042-wod fled °utlP d terra nd rW JJJ - - a. fence_ � m. £ 217605 barbed wippe lista patemw vd w / pave emtgnpal F a 21260 0 S - Fea -M - g> ,neem Fea 21]603 C' 1 nc I ca, F eipe,1 ] ,Y plattonMce.e complex- _ u tace.lenare p f 2s 0 P 1 F 21)60)'- ®' wall a Fee 21760 12 mound alignment l +YC yFea21)60:11 1 � � F 21)60 ,.0 � g Lstape low ..It ; i` Iow waX, uM Fea 21760110 - - Fes 211:6 1F1I./v Irt!` FF. Y Fest 21260: pamountl mouMa ' mea 21)60:16 mwm xnnatl - - Fes2ll60:50 Fea 21)60f15 - wallep 1 mea 21)60:9 %mound ` - be goncentralmn Fa31)6021 -' a plallorm'� Y Fea 21)150:24 Fee 31760:12.. `Vlow wall, nE Fast zn60:]4;" Fea 21260:26 � - Fea 31)60'19 %m I760::: ( �uM fp mounds F W217. Q Fea21760 :2] d$. _ .c lertace, %Fee 21260:20. d Fea 11260.16 31. Fea 21)6P.1 �%mound all"o ml ti. - Fee 21260:22 Y �m una Fea 21760'.28 6mowld Fea 21260:35"- o-xwap J� - 'Y FW21)60:36 .�• S' 1. 1! ou31)60'XI �y.mnd 4, v smaX terrace K/ �\/• 'Fea 21760: 29 9 mooed 21]60:32 mea Duna r Y Fax 21260 36 lenaces ,a�6p Fea 21260:35"- o-xwap J� - 'Y FW21)60:36 .�• S' pm M 4^ Fea 21)60:25 e� � eand smaX terrace K/ -- Fea 21260'.22 taxll oIt , Fee 21760'.37 mounds.omorel, - MATCH LINE --- p�openy bo�naary ride V�ldfipally l.uwel Sipe bounNry I none, 0 -TO -'0 30 40 50m mV DRP TNIK: 7-5-10 61 Adapted from: Wes Thomas & Associates 1992 J� Fea 21260:33 vr � eand v; 3 9 r Y J V O M6. P� Site 21)6] I none, 0 -TO -'0 30 40 50m mV DRP TNIK: 7-5-10 61 Adapted from: Wes Thomas & Associates 1992 Section 4: Research Design Of the five sites identified on the subject property, two have been recommended for Data Recovery (Sites 21760 & 21762). These sites have been briefly described above. Within Site 21760, four of the feature complexes identified were found to consist of multiple pavements of varying formality situated immediately outside the openings to small caves (Features 21760:3, 5, 43/44 & 46). This association of feature components is believed to be somewhat unique in the archaeological record. In addition, human remains were encountered at two of these feature complexes, although the limited quantity of remains encountered was not believed to represent primary interments. Therefore, one of the components of data recovery will address questions regarding these feature complexes including: I ) What is the relationship of pavements found surrounding the openings of small caves to the caves themselves? 2) What was the time period during which these feature complexes were utilized? 3) Were human burials associated with these feature complexes? Site 21762 was determined to consist of a refuge cave having internal structures designed for defensive purposes. The amount of structural modification to refuge caves is known to vary from cave to cave with some simply having sealed or barricaded entrances with little or no interior modifications while others have various internal constructions as well as modifications to their entrances. Therefore, Data Recovery at Site 21762 will investigate the significance of variability in the extent of refuge cave modifications by addressing questions including: 1) How does the extent of modification to Site 21762 compare with other known refuge caves in the Kona region? 2) Is the extent of modification to a refuge cave related to the rank of the individuals who occupy the site? If so, what does the evidence reveal concerning the rank of those individuals who occupied Site 21762? Section 5: The Methodology of Data Recovery hi order to address the research questions formulated above, it is recommended that Data Recovery have three components: 1) Subsurface testing at Features 21760:3, 5, 43/44 & 46 in the form of the manual excavation of controlled test units. This testing will be conducted with the goal of determining the time period during which specific features were utilized as well as to assess the activities which were likely occurring at these features in order to define the nature of the features' utilization. 2) The detailed mapping of the interior of Site 21762 and the manual sectioning of the structural components within the refuge cave. This testing will be conducted with the goal of quantifying the extent of cultural modifications to the lava tube. 3) In depth archival research concerning the extent of cultural modifications documented at other refuge caves in the Kona region. The manual excavation of controlled test units has been recommended for Features 21760:3, 5, 43/44 & 46. Specifically, it is recommended that a total of four 21n by I m test units be excavated at each of the four feature complexes recommended for Data Recovery at Site 21760. The exact locations at which excavation units will be placed within each feature complex will be determined at the discretion of the field supervisor, however test units will generally be distributed with half being excavated within the cave portions of the features and half within the structural components surrounding the entrances to the caves. Subsurface sampling will be conducted by manually excavating test units using standard archaeological methods including excavating in controlled I Ocm levels within natural stratigraphic layers and the screening of all soils using nested one quarter and one eighth inch mesh screens in order to retrieve significant cultural deposits. Soil samples will be collected from every I Ocm excavation level, placed in airtight resealable bags and labeled for use in laboratory analyses. Midden and artifacts collected from screened soils will be similarly bagged. Samples collected for radiocarbon dating will be gathered, without coming into contact with human skin, wrapped in aluminum foil and sealed in a labeled airtight resealable bag. All cultural materials recovered will be delivered to ACP facilities, 59-624 Pupukea Rd , Haleiwa, HI, for laboratory analyses. Detailed mapping and the manual, partial sectioning of the structural components within the refuge cave has been recommended for Site 21762. Specifically, it is recommended that the entire interior of the lava tube be mapped in greater detail than during Inventory Survey investigations. In addition, it is recommended, that a portion of each of the structural components identified within the interior of the site be manually sectioned in order to assess the method of onstruction and quantity ofnlaterial utilized as well was determine the date of construction, if possible. The exact limits of the portion of these structures to be sectioned will be dependent of the size of the structure itself with no more than 25% of the structure to he sectioned. Again, the exact locations which will he Sectioned will be determined at the discretioll of the field supervisor after the detailed mapping has taken place. The detailed mapping of the interior of the site in conjunction with the sectioning of features will assure the collection of sufficient information to assess the extent of modification to the site. The third component of Data Recovery will involve additional archival research. All available archival sources will be consulted in order to collect information concerning the extent of modifications to known refuge caves in the Kona region. Following the fieldwork phase of investigations, laboratory analyses will cover a range of diagnostic endeavors. All faunal remains will be identified to the species level, as possible, with the results being tabulated and presented by provenience and weight. Marine shell remains will be similarly treated with the samples being identified to the generic level, as possible. Artifacts will be sorted by type, counted and measured with selected items photographed or illustrated and the results tabulated for presentation by provenience. Any datable samples recovered will be sent for radiocarbon analysis with a maximum of eight samples to be dated (to include AMS dating). A complete Data Recovery report will be prepared detailing all fieldwork. This report shall provide an in-depth discussion of the research questions posed in this plan. A review of prior work on the subject property will be included. The report will provide complete descriptions of the excavations undertaken including written accounts, placement of all excavation units on top plans drawn to scale, profiles depicting stratigraphic and/or cultural deposits. Also included will be soil descriptions according to U.S.D.A. standards and the presentation of the results of all laboratory analyses described above. Finally, there will be an in- depth evaluation of the findings on the research questions. Drafts of the report of Data Recovery shall be submitted to the DLNR-SHPD for review. All recommended content revisions shall then be made unless consultation meetings alter the recommended revisions. Copies of approved, final versions shall be provided to both the Oahu and Big Island offices of the DLNR-SHPD. All materials collected during test excavations will be bagged and labeled appropriately, placed in labeled and inventoried boxes, and curated at ACP facilities located at 59-624 Pupukea Rd., Haleiwa, HI._ Conclusion Archaeological Consultants of the Pacific, Inc. has prepared this Data Recovery Plan for a property located in the ahupua'a of Pua`a Is`, North Kona District of the island of Hawaii. Previous archaeological investigations on the subject parcel identified properties significant to the interests of historic preservation. Because the proposed development of the subject property would have an "adverse effect" on these significant historic properties, Data Recovery was recommended. Inventory Survey investigations identified five previously unidentified archaeological sites (Sites 21760, 21761, 21762, 21763 & 23272 (Elmore, Bollt & Kennedy 2002). Those investigations recovered sufficient information regarding Sites 21761, 21763 and 23272 such that they have been determined to be "No Longer Significant". Site 21760 was determined to be significant for its information content while Site 21762 was determined to be significant for its information content as well as for its cultural value. Both were recommended for Data Recovery. This plan presents the details of the proposed Data Recovery at Sites 21760 and 21762. The acceptance and implementation of this plan as well as the production of an approved Data Recovery Report will help mitigate the "adverse effect" proposed developments will have on the historic properties present. Summary of Traffic Impact Analysis Report - September 7, 2001 EXHIBIT E PUA'A INDEPENDENT LIVING FACILITY NORTH KONA, HAWAII TRAFFIC IMPACT ANALYSIS TMK (3)7-5-010:61 SEPTEMBER 7, 2001 PREPARED FOR: KAMEIIAMEHA INVESTMENT CORPORATION PREPARED BY: WITCHER ENGINEERING LLP 74-5588 C PAWAI PLACE KAILUA-KONA, 111 96740 (808)334-0322 (808)334-0831 Fax TRAFFIC IMPACT ANALYSIS PUA'A INDEPENDENT LIVING FACILITY KAILUA-KONA, HAWAII I. INTRODUCTION A. Purpose and Scope This purpose of this report is to assess the impact of Pua'a Independent Living Facility on the traffic flow of Hualalai Road. This report will address the existing traffic on Hualalai Road comparing it with buildout of the proposed project. Recommendations for mitigating actions will be included. B. Project Description Pua'a Independent Living Facility has been proposed for a facility of -126 -one- and two-bedroom units. The project is located at TNM (3)7-5-010:61 on Hualalai Road mauka of the intersection of Nani Kailua and makai of the intersection of Queen Kaahumanu Highway in Kailua-Kona, Hawaii. The proposed project is expected to be completed by July, 2003. The project site is adjacent to "The Pines" and contains 926 acres. See Appendix IA, Site Plan. The driveway meets Hualalai Road on the outside of a horizontal curve. With some roadway realignment on Hualalai Road, the project will meet the necessary site distance criteria. This report analyzed whether a left turn lane would be warranted at the driveway intersection. U. EXISTING CONDITIONS A. Site Hualalai Road serves the project site. It is a local two-lane roadway that provides mauka-makai access from Alii Drive to Queen Ka'ahumanu Highway and points mauka. Mauka bound traffic from the project site could use Hualalai Road to access Queen Ka'ahumanu Highway about one quarter mile away. Makai bound traffic on Hualalai Road would travel towards Nani Kailua and Kuakini Highway, Nani Kailua is a two-lane major street under thejurisdiction of the County of Hawaii. The road serves The Pines, Kona View Estates and other areas mauka of Queen Page 1 of 6 Kaahumanu Highway. It has a 24 -foot, paved travelway with paved shoulders and swales. The speed limit is posted for 35 miles per hour. The Hualalai Road/Queen Ka'ahumanu Highway intersection is the closest major intersection to the project site and accesses the major north -south route in Kailua- Kona. Both the Nani-Kailua intersection and the Queen Ka'ahumanu Highway have three- way approaches. The traffic impacts of the proposed project at both these intersections were analyzed. B. Traffic Manual traffic counts were taken at the two study intersection during the morning and afternoon peak periods on June 12, 2001. Traffic turning movement counts require workers to station themselves by each study intersection and record each vehicle movement as through or turning movements by fifteen -minute intervals. The worksheets for the traffic counts are on file and available for inspection if required. The resultant peak hour movements are summarized in Appendix E. The traffic counts at the Queen Ka'ahumanu Highway/Hualalai Road show relatively high left turn movement on the northbound/makai bound approach. The traffic counts at Nani Kailua show a relatively high left turn movement on the southbound/mauka bound approach. III. TRIP GENERATION A. Traffic Forecast The proposed project is expected to be completed by July, 2003. During this period, ambient traffic on Kuakini Highway and Hualalai Road would normally be expected to increase due to regional growth. However, the State traffic counts for the intersection of Hualalai Road and Kuakini Highway (makai ofNani Kailua) indicated that traffic has not increased over the last eight years. Therefore, it was assumed that existing traffic volumes would not increase in the period up to project completion and shortly thereafter. The traditional procedure of trip generation, distribution, and assignment was used to forecast the number oftrips which would be generated by the proposed project, the distribution of these trips, and the specific intersection turning movements which would be utilized Page 2 of 6 B. MethodoloV The trip generation methodology used for this report is based upon applications developed by the Institute of Transportation Engineers (ITE) as published in Trio Generation, 5' Edition 1991. Based upon the volume of trips generated by the thirty existing elderly home units already in place on Hualalai Road (See A Traffic Impact Analysis Report for Hualalai Elderly Housing Phase H, dated 8/14/00, by M & E Pacific), trip generation rates for the morning and afternoon peak hours were computed as shown below for the 126 units of the Pua'a Independent Living Facility. TABLE 1 TRIP GENERATION FOR PUA'A ACCESS Entering Exiting Peak Hour Trip Generation Trips Trip Generation Trips Total Rate Rate AM 0.067 5 0.133 17 22 PM 0.133 17 0.100 13 30 The proposed independent living units are expected to generate a very small number of trips, based on current generation characteristics. The trip distribution was determined by the percentage of traffic traveling mauka and makai along Hualalai Road. TABLE 2 DISTRIBUTION ANALYSIS FOR HUALALAI ROAD Mauka % Mauka Makai % Makai Total AM Peak 54 30 129 70 183 PM Peak 95 48 103 52 198 The trip distribution divides the generated trips by the direction of travel to and/or from the project site. TABLE 3 TRIP DISTRIBUTION FOR PUA'A ACCESS AM Peak Hour PM Peak Hour Direction 3p% Mauka 70% 48% 52"/0 Makai Mauka Makai Entering 2 3 8 9 Exiting 5 12 6 7 Page 3 of 6 The distributed trips are assigned as turning movements to the intersections being analyzed— Queen Ka'ahumanu Highway/Hualalai Road, the entrance driveway to the project, and Nani Kailua/Hualalai Road. The very small number of trips that reached the Queen Ka'ahumanu Highway or Nani Kailua/Hualalai Road intersections were assigned to the movements with the largest volumes turning into or from Hualalai Road. IV. TRAFFIC ASSESSMENT Two separate analyses were performed. The first was a level of service analysis at both intersections (Mani Kailua/Hualalai Road and Queen Ka'ahumanu Highway/Hualalai Road). The second analysis was to determine whether a left turn lane was warranted at the project site access driveway. A. Level of Service Analysis Level of Services calculations were performed at the intersections of Nani Kailua/Hualalai Road and Queen Ka'ahumanu Highway/Hualalai Road for the existing conditions and for the future condition based upon assumptions listed above. Calculations were performed in accordance with the analysis laid out in the Iiehwav Capacity Manual Special Report 209 2"" Edition of the Transportation Research Board. 1997 and the Highway Capacity software from the Federal Highway Administration and McTrans, University of Florida, Gainesville, FA, for signalized and unsignalized intersections. The methodology for unsignalized intersections calculates the levels of service for individual approaches and the intersection as a whole based upon the average stopped delay per vehicle. Level of service is defined as "a qualitative measure describing operational conditions within a traffic stream, generally described in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety." There are six levels of operational conditions defined as follows: Level of Service A Little or no traffic delays Level of Service B Short traffic delays Level of Service C Average traffic delays Level of Service D Long traffic delays Level of Service E Very long traffic delays Level of Service F Extreme traffic delays It should be noted that traffic improvements should be considered for level of service "F" condition. Page 4 of 6 TABLE 4 LEVEL OF SERVICE COMPARISON NANI KAILUA & QUEEN KA'AHUMANU HIGHWAY AT HUALALAI ROAD Nani Kailua & Queen Ka'ahumanu Hualalai Road Highway & Hualalai Road These levels of service are considered adequate and indicate that mitigating measures are not currently needed except for a left tum from Hualalai Road to Queen Ka'ahumanu Highway northbound. This turning movement is already impacted. What little traffic from the project adds only slightly changes the situation. Since the forecast volumes with the proposed project are similar to the current volumes at these intersections, the same levels of service can be expected. Therefore, the proposed project is not expected to have an adverse traffic impact upon these intersections. The calculated results with current traffic volumes at the Pua'a Access/Hualalai Road intersection are summarized below. TABLE 5 LEVEL OF SERVICE AT PUA'A ACCESS & HUALALAi Roan AM"FF PM LOS A Existicg LOS A 9.1 9.3 Left Turn LOS Existing Intersection Delay 9.4 Left Turn LOS A Future LOS A Future Intersection Delay 9.5 Left Turn LOS A These levels of service are considered adequate and indicate that mitigating measures are not currently needed except for a left tum from Hualalai Road to Queen Ka'ahumanu Highway northbound. This turning movement is already impacted. What little traffic from the project adds only slightly changes the situation. Since the forecast volumes with the proposed project are similar to the current volumes at these intersections, the same levels of service can be expected. Therefore, the proposed project is not expected to have an adverse traffic impact upon these intersections. The calculated results with current traffic volumes at the Pua'a Access/Hualalai Road intersection are summarized below. TABLE 5 LEVEL OF SERVICE AT PUA'A ACCESS & HUALALAi Roan The results indicate that current traffic operations are desirable and indicate that the proposed project will not have an adverse traffic impact at its driveway location. The worksheets for the unsignalized analyses are included in Appendices C and D. Page 5 of 6 AM PM LOS A A Intersection Delay 9.1 9.3 Left Turn LOS A A The results indicate that current traffic operations are desirable and indicate that the proposed project will not have an adverse traffic impact at its driveway location. The worksheets for the unsignalized analyses are included in Appendices C and D. Page 5 of 6 B. Left Turn Warrant Analysis There are no nationally accepted warrants for determining the need for separate left turnlanes. Thejudgment of the traffic engineer has been the primary decision criteria. Several municipalities have developed their own warrants for this purpose. Important variables include hourly left turn volumes, hourly through traffic volumes, and roadway speed. Since only two left turns an hour, during the AM Peak and during the PM Peak, are expected with the completion of the project, a separate left turn lane on Hualalai Road is not warranted. V. CONCLUSIONS The proposed project is expected to generate only a few trips in the morning and afternoon peak hours. It is not expected to have an adverse impact on traffic operations at the driveway and at the Queen Ka'ahumanu Mghway/Hualalai Road intersection and the Nani Kailua- Hualalai Road. A separate left turn at the access road to the project site is not warranted. The roadway and intersection designs as proposed for Hualalai Road will be adequate to handle the future traffic. No mitigating actions are required because of the project. Page 6 of 6 Typical Section Plan of Hualalai Road fronting Project Site EXHIBIT F Copy of DLNR-HPD Letter February 25, 2002 Acceptance of Revised Final Inventory Survey Report EXHIBIT G Mar 07 02 09:49a Rrchaeological Consultant (808) 638-0703 p.2 BgmJ m J. CAnTANO GOVERNOR OF NAWNI February 25, 2002 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DNMION 601 KAYOKILA BLVD., ROOM 666 KAPOM. HAWAK 66TO7 Ms, Michelle Elmore Archaeological Consuhants of the Pacific, Inc. 59-624 Pupukea Road Haleiwa, Hawaii 96712 Dear Ms. Elmore. W191T COIOMA-AO . CHAAPa160N "O OF t !` AND NATN Amato " OE y MC T HSANO UNNEL WKNOIU AOUYCUlT CWUOPMENT EDOfI1W AOUAnc RpOV M CONSBWAT OR AND FNVwONMWTAL Y NRO CO URVAnON ANO RESO URCEs ENwR W.T CO VANCU PORMTRY UID WNDHEE F4TORN: PtIK3AwATON ANAON CI LAND MANAW11DfT w RRKa P -ATM -ND uND DEvmRRwT LOG NO: 29238 DOC NO 0202PM25 SUBJECT: Final Report: "An Inventory Survey Report for Property Located at TAM. 7-5-10:67 in Kailua, Pua'a I" Ahupua'a, North Kona District, Island of Hawaii" (Elmore et all, 2002) Thank you for your letter of February 8, 2002 with a copy of the above referenced report for our review and approval. The report was revised to respond to the comments in our review letter of October 19, 2001 on the first draft. This revised report is acceptable. As indicated in our earlier letter, we believe that the archaeological inventory survey of the 9.264 acre subject parcel was adequate in terms of coverage based on our review of the survey methods section of the draft report and the sitelfeature distribution map in this report. The survey found a total of five sites. These include a habitation and agricultural site complex with a burial (Site 21760), an agricultural site (Site 21761), a refuge cave with a burial (Site 21762) and two rock walls (Sites 21763 and 23272). We agree with the revised significance evaluations. Three of the five sites (21761, 21763 and 23272) are now regarded as "no longer significant", as they were significant solely for their information content and a reasonable and adequate amount of that information was recorded during the survey. The two sites with burials (21760 and 21762) are considered significant for their information content (criterion D) and for their cultural significance (criterion E) Thus, two significant sites are in the project area We agree with the revised mitigation recommendations for the two significant sites. A burial treatment plan will be prepared for Sites 21760 and 21762. The possibility that inadvertent human remains may be found on the property will also require the preparation and implementation of a monitoring plan. The non -burial components of sites 21760 and 21762 need data recovery. Mar 07 02 09:49a iirchaeolocical Consultant (808) 638-0703 p,3 Please mail a copy of this report to Marc Smith for our Hilo office library. Aloha ON HOBARD, Administrator State Historic Preservation Division PM:amk C. Chris Yuen, Hawaii County Planning Department Kamanao Mills, Burial Sites Program Copy of proposed Grant of Reciprocal Easement for Sewage Line Map showing location of proposed easement EXHIBIT H WALLACE H. GALLUP, JR. Attorney at Law Lanihau Professional Center 75-5591 Palani Road, Suite 3007 Kailua-Kona, Hawaii 96740 gallup@aloha.net Telephone No. (808) 329-5014 June 6, 2002 G. Rick Robinson Kamehameha Schools -Bishop Estate 78-6831 Alii Drive, 4232 Kailua-Kona, HI 96740 Facsimile No. (808) 329-5478 Re: Proposed Grant of Reciprocal Easement for Sewage Line as Between PUA'A DEVELOPMENT, LLC, and the TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP Dear Mr. Robinson: In follow-up to the recent conversations that Brian Cook of PUA'A DEVELOPMENT, LLC, has had with you regarding the above -referenced matter, he has asked me to prepare a draft of a Grant of Reciprocal Easement for Sewage Line document and forward it to you for your review and presentation to the Trustees for their approval, and 1 am enclosing that proposed document herewith. Under the proposed Grant of Reciprocal Easement document, PUA'A DEVELOPMENT, LLC ("PUA'A") would make a commitment to develop a sewage line running from Kuakini Highway across Bishop Estate's TMK (3) 7-5-9-57 and 7-5-10-6, up to and under Hualalai Road, and then continuing across PUA'A'S property identified by TMK (3) 7-5-10-61 up to its mauka border which fronts on the makai side of the Queen Kaahumanu extension highway. This easement would run in favor of the two (2) Bishop Estate parcels that lie makai of PUA'A'S property and also in favor of the Bishop Estate parcel that lies on the mauka side of the Queen Kaahumanu extension highway identified by TMK (3) 7-5-10-5. It is Mr. Cook's belief that the development of this sewage line will lend towards the attractiveness of Bishop Estate properties that are yet to be developed in that the Trustees would be able to market those properties as having a sewage line access to the County Public Sewage system once the sewage line has been installed. The developers of the Bishop Estate properties would also be saved considerable anxxmt of time and expense in proceeding with any development plans if there is already an established sewage line serving the property. While I have done my best to draft the Grant of Reciprocal Easement for Sewage Line document such that I believe it will be acceptable to the Trustees as to form and content and to the Trustees' legal counsel there may be details which Trustees and/or their counsel may wish to be handled differently and thus this form is not necessarily set in concrete. I look forward to working with the Trustees' attorneys towards the end of finalizing this document as soon as is reasonably possible. We would appreciate your presenting this proposal to the Trustees at your earliest convenience and look forward to hearing back from you when you receive some preliminary feed back. V Wallace H. Gallup, Jr. WHG:rnw:enc. cc: PUA'A DEVELOPMENT, LLC Arm.: Brian Cook AFTER RECORDATION, RETURN BY Wallace H. Gallup, Jr. 75-5591 Palani Rd., Suite 3007 Kailua-Kona, HI 96740 ❑ MAIL ❑ PICKUP TAX MAP KEY(S) This Document has pages. 7-5-9-57; 7-5-10-6; 7-5-10-61; and 7-5-10-5 GRANT OF RECIPROCAL EASEMENT FOR SEWAGE LINEE This instrument dated 2002, is made and executed by and between PUA'A DEVELOPMENT, LLC, a Hawaii limited liability company, whose mailing address is 75-5608 Hienaloli Street-KHL Rd. #21, Kailua-Kona, HI 96740 (hereinafter referred to as "PUA'A") and the TRUSTEES OF THE ESTATE OF BERNICE PALJAHI BISHOP, whose mailing address is 567 South King Street, Suite 200, Honolulu, HI 96813 (hereinafter referred to as "BISHOP ESTATE"). WITNESSETH: WHEREAS, PUA'A is the owner of that certain parcel of land situate at Pua'a Ist, District of North Kona, Island and County of Hawaii, bearing Tax Map Key (3) 7-5-10-61 (hereinafter referred to as "PUA'A'S PROPERTY") and being more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference; and WHEREAS, BISHOP ESTATE is the owner of those certain parcels of land situate at Pua'a 1 st, District of North Kona, Island and County of Hawaii, bearing Tax Map Key (3) 7-5-9- 57 and Tax Map Key (3) 7-5-10-6 (hereinafter collectively referred to as "BISHOP ESTATE'S MAKAI PROPERTY"), said parcels of land being more particularly described, respectively, in Exhibits "B" and "C" attached hereto and made a part hereof by this reference; and WHEREAS, BISHOP ESTATE is also the owner of that certain parcel of land situate at Pua'a 1st, District of North Kona, Island and County of Hawaii, bearing Tax Map Key (3) 7-5-10- 5(hereinafter collectively referred to as "BISHOP ESTATE'S MAUKA PROPERTY") and being more particularly described in Exhibit "D" attached hereto and made a part hereof by this reference; and WHEREAS, PUA'A and BISHOP ESTATE wish to establish by way of this instrument an easement in favor of PUA'A'S PROPERTY over, under, along and across BISHOP ESTATE'S MAKAI PROPERTY and an easement in favor of BISHOP ESTATE'S MAUKA PROPERTY over, along and across PUA'A'S PROPERTY for sewage line purposes as well as a temporary construction easement as is more particularly described herein. NOW, THEREFORE, for and in consideration of the promises and agreements herein contained and the mutual benefits to be derived thereby, PUA'A and BISHOP ESTATE hereby covenant and agree as follows: 1. GRANT OF EASEMENT OVER PUA'A'S PROPERTY: PUA'A, as the owner of PUA'A'S PROPERTY, hereby grants and conveys to BISHOP ESTATE as the owner of BISHOP ESTATE'S MAUKA PROPERTY, and to BISHOP ESTATE's successors and assigns, a perpetual non-exclusive easement twenty feet (20') wide for underground sewage line purposes 2 over, under, along and across a portion of PUA'A'S PROPERTY, running from the mauka boundary of PUA'A'S PROPERTY to the makai boundary of PUA'A'S PROPERTY, said easement to be located approximately as shown on Exhibit "E" attached hereto and made a part hereof by this reference. When PUA'A determines the exact location of this easement the parties hereto agree that they will execute and record an amendment to this agreement which will designate the exact location of this easement. 2. GRANT OF EASEMENT OVER BISHOP ESTATE'S MAKAI PROPERTY: BISHOP ESTATE, as the owner of BISHOP ESTATE'S MAKAI PROPERTY, hereby grants and conveys to PUA'A as the owner of PUA'A'S PROPERTY, and to PUA'A'S successors and assigns, a perpetual non-exclusive easement fifteen feet (15') wide for underground sewage line purposes over, under, along and across a portion of BISHOP ESTATE'S MAKAI PROPERTY which easement shall run along the entire length of the northerly boundaries of BISHOP ESTATE'S MAKAI PROPERTY (from Hualalai Road to Kuakini Highway) as shown on Exhibit "E" attached hereto and made a part hereof by this reference. Additionally, BISHOP ESTATE, as the owner of BISHOP ESTATE'S MAKAI PROPERTY, hereby grants and conveys to PUA'A as the owner of PUA'A'S PROPERTY, and to PUA'A'S successors and assigns, a non-exclusive easement fifty feet (50') wide running from the mauka boundary of TMK (3) 7-5-10-6 to its makai boundary immediately adjacent to the sewage line easement area (hereinafter referred to as the "Temporary Construction Easement") to provide access for the installation of a sewage line within the aforedescribed sewage line easement area which easement shall be deemed to have automatically terminated at such time as the installation of the planned sewage line is completed. 3 3. EASEMENTS TO RUN WITH THE LAND: The easements created herein and all of the terms, provisions, restrictions, conditions, burdens and benefits of this easement agreement shall be appurtenant to, and shall run with the title to PUA'A'S PROPERTY and BISHOP ESTATE'S MAUKA PROPERTY for the benefit of the owner(s) thereof from time to time, and such owner(s) shall have no right to assign, transfer or otherwise convey the easements and rights herein granted except together with and incident to a sale, transfer or conveyance of the land (and future subdivided parts thereof) to which such easement(s) and rights are hereby made appurtenant. Upon the transfer or conveyance of PUA'A'S PROPERTY, BISHOP ESTATE'S MAKAI PROPERTY or BISHOP ESTATE'S MAUKA PROPERTY, or any subdivided portion thereof, the buyer(s) or other transferee(s) of such property shall automatically, by operation of such conveyance or transfer be deemed to have assume all of the obligations and duties of the transferor owner(s) arising hereunder in addition to having received all of the rights and benefits granted in this easement agreement in favor of the property conveyed or otherwise transferred. 4. CONSTRUCTION OF SEWAGE LINE: PUA'A agrees that on or before 20_ , it will construct and install an underground sewage line at least eight inches (8") in diameter within the easement area covering the PUA'A PROPERTY and a sewage line at least twelve (12") in diameter within the easement area covering BISHOP ESTATE'S MAKAI PROPERTY and that it will connect the two sewage lines to each other and also to the public sewage line running along Kuakini Highway and in doing so shall comply with all County and State of Hawaii laws, ordinances, codes and regulations with respect to any improvements constructed or placed within the easement area and PUA'A shall repair and restore any injury or 4 damage to the easement area and/or the improvements thereon or therein that have been made by the BISHOP ESTATE or its lessee(s) or sublessee(s). PUA'A in making any such improvements will do so in such manner as will not unreasonably interfere with BISHOP ESTATE'S or its lessee(s)' and sublessee(s)' use of the easement area and any existing improvements and landscaping and will repair any damage caused to any existing improvements and landscaping and place them back in at least as good a condition as they were in prior to PUA'A'S commencing work within the easement area. If PUA'A fails to complete the construction and installation of the aforedescribed sewage lines within the agreed upon time then BISHOP ESTATE may elect to terminate this easement agreement at any time thereafter and PUA'A agrees to sign and deliver to BISHOP ESTATE a recordable instrument confirming the termination of this easement agreement and BISHOP ESTATE upon receipt of that instrument may cause it to be recorded in the Bureau of Conveyances of the State of Hawaii. The cost of constructing and installing the aforedescribed sewage lines shall initially be paid for entirely by PUA'A and upon completion of the construction and installation of the sewage lines PUA'A shall provide to BISHOP ESTATE with a statement of the cost of constructing and installing the sewage line within BISHOP ESTATE'S MAKAI PROPERTY together with an itemized breakdown of the actual cost factors and evidence of payment of those costs and BISHOP ESTATE shall then advise PUA'A as to whether or not it accepts the statement of costs to be accurate, and if so the parties shall then sign and record an amendment to this easement agreement which confirms the cost of construction that relates to construction and installation of the sewage line within BISHOP ESTATE'S MAKAI PROPERTY which cost shall be reimbursed to PUA'A 5 or its assigns, without interest, by the owner of BISHOP ESTATE'S MAKAI PROPERTY prior to the time the owner first connects to the sewage line and in the event any such owner connects to the sewage line without first reimbursing PUA'A or its assigns this cost then PUA'A may elect to terminate this easement agreement in so far as it allows the owner of BISHOP ESTATE'S MAKAI PROPERTY and the owner of BISHOP ESTATE'S MAUKA PROPERTY to connect to the sewage line and may seek an injunction against any such owner's making any further use of the sewage line or PUA'A may elect to institute and action against the owner of BISHOP ESTATE'S MAKAI PROPERTY to collect the money owed to PUA'A, and PUA'A shall be entitled to receive an award of such attorneys fees and costs as it may reasonably incur in pursuing either injunctive relief or an action for damages. In the event that BISHOP ESTATE disputes the statement of costs provided to it by PUA'A as being true and accurate then dispute shall be submitted to binding arbitration pursuant to Chapter 658A of the Hawaii Revised Statutes, as amended. 5. MAINTENANCE AND REPAIRS: PUA'A shall be solely responsible for and shall pay all expenses of repairing and maintaining the sewage line described in paragraph 4 above until such time as BISHOP ESTATE first connects to the sewage line at which time PUA'A shall become solely responsible for and shall pay all expenses of repairing and maintaining the sewage line which lies within the PUA'A PROPERTY in a useable condition, and BISHOP ESTATE as the owner of BISHOP ESTATE'S MAKAI PROPERTY shall become solely responsible for and shall pay all expenses of repairing and maintaining the sewage line that lies within the boundaries of BISHOP ESTATE'S MAKAI PROPERTY in a useable condition. R 6. REMEDY FOR VIOLATION: The owner(s) from time to time of the properties benefitted and burdened by this casement agreement shall have the right to pursue any remedy for the breach or failure to perform any covenant, condition or agreement contained in this easement agreement, and/or to restrict or prevent by injunction any violation or threatened violation thereof by way of submitting the claimed breach or failure to binding arbitration pursuant to Chapter 658A of the Hawaii Revised Statutes, as amended. In the event of any arbitration arising out of or on account of the terms or provisions of this easement agreement, the prevailing party or parties shall be entitled to recover costs and reasonable attorneys' fees incurred in such litigation from the non -prevailing party or parties. 7. INDEMNITY: PUA'A, its successors and assigns, shall indemnify and hold BISHOP ESTATE harmless from and against any and all claims, demands, causes of action, liabilities, damages, losses, fines, penalties, taxes, costs or expenses, including, without limitation, attorneys' fees and costs of court, which may be asserted against, reasonably incurred or paid by BISHOP ESTATE (including any claims of BISHOP ESTATE ), which said claims, demands, causes of action, liabilities, damages, losses, fines, penalties, taxes, costs or expenses, including without limitation, attorneys' fees and costs of court, shall arise out of or be caused by the negligence or misconduct of the PUA'A or any activities of PUA'A or its contractors within the easement area which adversely affects the sewage line to be installed and constructed within BISHOP ESTATE'S MAKAI PROPERTY or BISHOP ESTATE'S use of the sewage line. BISHOP ESTATE , its lessee(s), sublessees, successors and assigns ("BE Indemnitors"), shall indemnify and hold PUA'A harmless from and against any and all claims, demands, causes of action, liabilities, damages, losses, fines, penalties, taxes, costs or expenses, including, without 7 limitation, attorneys' fees and costs of court, which may be asserted against, reasonably incurred or paid by PUA'A (including any claims of PUA'A), which said claims, demands, causes of action, liabilities, damages, losses, fines, penalties, taxes, costs or expenses, including without limitation, attorneys' fees and costs of court, shall arise out of or be caused by the negligence or misconduct of any of the BE Indemnitors or any of their activities or their contractors within the easement area which adversely affects the sewage line within BISHOP ESTATE'S MAKAI PROPERTY or PUA'A'S use of the sewage line. 8. WARRANTY: Each party to this easement agreement hereby represents and warrants to the other party to this easement agreement that the warranting party is lawfully seized described herein as being owned by the party and that the party has good right to grant and convey this easement to the other party; that said easement is free and clear of all encumbrances, except as set forth in Exhibit "A" attached hereto; and that Grantor shall warrant and defend the same unto the Grantee against the lawful claims and demands of all persons and shall indemnity and hold the other party harmless from any damage, loss, cost or expense suffered by the other party as the result of the foreclosure of any existing mortgage on the warranting parties property by any existing mortgage holder.. 9. BINDING EFFECT AND INTERPRETATION: This agreement shall binding upon the parties hereto, their successors and assigns, and all who hold by through or under them, respectively, and shall be governed by and construed in accordance with the laws of the State of Hawaii. 8 IN WITNESS WHEREOF, this easement agreement has been executed on the date and year first written above. PUA'A DEVELOPMENT, LLC, a Hawaii limited liability company By BRIAN R. COOK DEVELOPMENT, INC., a Hawaii corporation, Its authorized agent BRIAN R. COOK Its President "PUA'A" TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP Name: Their Attorney -in -Fact .0 Name: Their Attorney -in -Fact 9 "BISHOP ESTATE" STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On , 2002, before me personally appeared BRIAN R. COOK, to me personally known, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities. Notary Public, in and for said County and State (Print/Type Name) My commission expires: 10 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of , 20_1 before me personally appeared and , to me personally known, who being by me duly sworn did say that they are two of the attorneys -in -fact of the Trustees of the Estate of Bernice Pauahi Bishop, duly appointed under Limited Power of Attorney dated September 12, 2001, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2001-147945 and in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. 2738436; and that the foregoing instrument was executed in the name and on behalf of the Trustees of the Estate of Bernice Pauahi Bishop by such persons in their capacities as attorneys -in -fact; and they acknowledged the instrument to be the free act and deed of the Trustees of the Estate of Bernice Pauahi Bishop. Notary Public, in and for said County and State (Print/Type Name) My commission expires: h N O N y� nz iv o ha N 6� v� Of YK6 P ji U a . 1 �l. hU W Ol 0 ¢a �EftJ ^ Q !f va i h N O N y� nz iv o ha N 6� v� Of YK6 P ji U a . COUNTY ENVIRONMENTAL REPORT County Environmental Report State Land Use District Boundary Amendment Application `Agricultural" to "Urban" Change of Zone Application Applicant: Puaa Development LLC Change of Zone from Agricultural 5 -acre (A -5a) to Multiple Family Residential 2,500 sf. (RM -2.5) Pua'a u 1'; North Kona District, Hawaii Tax Map Key: 7-5-010: 069.26 acres) EXECUTIVE SUMMARY 1. Existing Land Use: .................................. Vacant of any structures 2. SLUG: .............................................. Agricultural District 3. HC General Plan ("LUPAG") Map: .......................... Medium Density 4. Kona Regional Plan: ............................................ RES -10 5. Kailua Village Master Plan: ................. Residential -Commercial Mixed Uses 6. HC Zoning: .......................................... Agricultural (A -5a) 7. SMA: ..................................................... Not in SMA 8. CZMA:.... No identified resources on Property in the Coastal Zone Management Area 9. Land Study Bureau: ..................................."E" OF "Very Poor". 10. ALISH:.................................................. Existing Urban 11. FIRM: ....................................................... Zone X 12. Archaeological Resources: .................. Not in GP, National or State Register 13. Flora/Fauna:...................................... Unimproved vacant land 14. Scenic and Open Space Resources: .......................... None listed in GP 15. Access: .............................................. Off of Hualalai Road 16. Water System: .................................. Service is currently available 17. Wastewater System: .......................... Comply with DOH requirements 18. Police, Fire and Medical Services: ........................... Services available 19. Utilities: ............................................... Services available 20. Community Concerns: .................... None Received as of date of submittal 21. Hawaiian Native Rights: ........... None observed being conducted in Project Area 4085848.1.055351-00001 County Environmental Report Pua'a Development LLC State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Pua'a Development LLC Owner: Pua'a Development LLC Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5) Project: Development of a Multiple Family Residential Project consisting of approximately 144 to 160 units for an Independent Living Community and related improvements. Tax Map Key: 7-5-010: 061 TABLE OF CONTENTS 1. State Land Use District Boundary Amendment Application 2. Change of Zone Application with RM Questionnaire 3. Recorded Deed Showing Ownership by PUA'A DEVELOPMENT LLC 4. Fee Owners Authorization Form APPLICATION EXHIBITS 1. Exhibit A: l 1" x 17 " Regional Location Map of Property 2. Exhibit B: 11" x 17" Preliminary Development Site Plan with Architectural elevations and floor plans 3. Exhibit C: Summary of the Archaeological Inventory Survey Report dated August 1999 and Revised Final Inventory Survey Report dated February 2002 4. Exhibit D: Summary of the Archaeological Data Recovery Plan dated February 2002 5. Exhibit E: Summary of the Traffic Impact Analysis Report dated September 7, 2001 6. Exhibit F: Typical Section Plan of Hualalai Road fronting Project site. 7. Exhibit G: Copy of DLNR-HPD letter Dated February 25, 2002 acceptance of Revised Final Inventory Survey Report 8. Exhibit H: Copy of proposed Grant of Reciprocal Easement for Sewage Line and Map showing the location of the proposed easement COUNTY ENVIRONMENTAL REPORT 4075533.1 055351-00001 County Environmental Report Pua'a Development LLC County Environmental Report 1 0 PROJECT DESCRIPTION ............................................ -2- 1.1 SUMMARY OF REQUEST ........................................... -2- 12 PROJECT OBJECTIVES ............................................. -3- IA EXISTING LAND USE .............................................. -4- 1.4 DEVELOPMENT PROGRAM ............ .......... ................. -4- 1.5 DEVELOPMENT TIMETABLE ........................................ -6- 1.6 ALTERNATE DEVELOPMENT ....................................... .6- 1.7 ESTIMATED INFRASTRUCTURE AND SITE DEVELOPMENT COSTS ...... .6- 2.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION .............................. ................ -6- 2.1 PHYSICAL ENVIRONMENT ........................ ................ -6- 2.1.1 Geology, Physiography, and Climate ............... ................ -6- 2.1.2 Soils ............................ ........................... -7- 2.1.3 Flora and Fauna ............................................... .9- 2.14 KA PA' AKAI 0 KA' AINA ISSUES: ........... ........ -10- 2.1.5 Historic and Archaeological Sites ................................. -11- 2.1.6 Natural Hazards .............................................. -13- 2.1.7 Air and Noise Quality .................................... ..... -14- 2.1.8 Scenic and Visual Resources ..................................... -15- 2.1.9 Public Access ............................................... -15- 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS ........... .. -16- 2.2.1 Schools .... ............................ ... .............. -16- 2.22 Parks and Recreation ........................... -16- 2.2.3 Medical Services ................ .. .................... .... -17- 2.2.4 Police and Fire Protection Services ........... .................... -17- 2.2.5 Water System ................... -17- 2.2.6 Drainage .... ........................ ...................... -18- 22.7 Sewerage System ........... .............. .. ....... . ... . . 4075533.1,055351 -0000 1 County Environmental Report Pua'a Development LLC 2.2.8 Solid Waste Disposal ....................... ................. -18- 2.2.9 Electrical, Telephone, and Cable Services ........................... -19- 2.2.10 Vehicular Circulation/Traffic................................. .. -19- 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS .................. -20- 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS. -20- 3.2 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COMMISSION ..................... -21- 3.3 HAWAII STATE PLAN -24- 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS ................................ -25- 3.5 HAWAII COUNTY GENERAL PLAN .................................. -26- Economic......................................................... -26- Environmental Quality ............................................... -27- Flood Control and Drainage ......................... ................. -27- HistoricSites ...................................................... -27- Natural Beauty ..................................................... -28- Natural Resources and Shoreline ................................ .... -29- Housing......................................................... -30- Public Utilities .................................................... -30- Recreation ....................................... ............... -31- LandUse ........................................ ............... -32- 3.6 KONA REGIONAL PLAN -32- 3.7 KAILUA VILLAGE MASTER PLAN ................................... -32- 3.8 COUNTY ZONING ..................... . .......................... -33- 3.9 SPECIAL MANAGEMENT AREA ..................................... -33- 3.10 State CZMA .. .. . ............. ................. 33- 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS -34- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY ..................... ............................ .34- 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. ............................................... -35- 4.3 ALTERNATIVES TO THE PROJECT .................................. -36- No Action Alternative ............................................... -36- AlternativeUse .................................................... -36- Alternative Locations ................................................ -37- 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES. -37- 5.0 AGENCIES CONTACTED.. . .......... ....... -37- 4075533.1.055351-00001 COUNTY ENVIRONMENTAL REPORT STATE LAND USE DISTRICT BOUNDARYAMENDMENT, and CHANGE OF ZONE APPLICATIONS The Whole of L. C. Aw. 10258, AP. 3 to Maikai at Pua'a I", District of North Kona, Island and County of Hawaii TMK: (3) 7-5-010: 061 Prepared for: PUA'A DEVELOPMENT LLC Prepared by: Steven S.C. Lim Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 October 2002 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC 1.0 PROJECT DESCRIPTION 1.1 SUMMARY OF REQUEST Pua'a Development LLC, hereinafter referred to as the "Applicant" is seeking a State Land Use District Boundary Amendment from Agricultural to Urban and a Change of Zone Application from the current Agricultural 5 -acre (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5) on a 9.264 acre parcel located in Pua'a I", North Kona District, Hawaii, Tax Map Key: 7-5-010: 061, hereinafter referred to as the (Property). The Property is located on the mauka (east) side of Hualalai Road approximately 300 feet south of the Nam Kailua Drive/Hualalai Road intersection. (See Exhibit A) Pua'a Development LLC is the fee owner of the Property, by warranty deed recorded on January 17, 2002 as Document No. 2002-008748. The proposed State Land Use Boundary District Amendment Application and the Change of Zone Application are being requested to allow for the development of PUA'A, a 144 to 160 unit Multiple Family Residential Development projected to initially be targeted for an Independent Living Residential Community hereinafter referred to as the (Project) (See Exhibit B). However, assuming the requested approvals are secured and because of the changes in the market and housing demands, including the inability of securing of the necessary financing for an Independent Living Residential Community, the Applicant would have the option of developing the Project up to a maximum of 160 multiple family residential units for rental or on a condominium basis, in compliance with all requirements of the Zoning Code related to Multiple Family Residential developments. The property is not within the County Special Management Area (SMA). Pursuant to HRS Section 205-2, the property is situated within the State's Coastal Zone Management Area (CZMA). The Property is presently designated for "Medium Density" on the Land Use Pattern Allocation Guide (LUPAG) Map of the County General Plan. "Medium Density" is defined as "Village and Neighborhood Commercial and residential and related functions (3 story commercial; residential - up to 35 units per acre). As such, an amendment to the County General -2- 4075533.1,055351-00001 County Environmental Report Pua'a Development LLC Plan is not required for the Project. In addition, the Project site is situated in an area designated for Urban use on the Kona Regional Plan and is, therefore, generally consistent with the County's long-range land use plans for the area. The location and regional context of the Project area are shown in Exhibit A (Tax Map Key of Property Map), and Exhibit B (Preliminary Architectural development plans for the Project). The following table summarizes the land use status of the Project. Table 1 LAND USE STATUS Tax Map Key: (3) 7-5-010: 061 State Land Use: Agricultural County General Plan (LUPAG): Medium Density Hawaii County Zoning: Agricultural (A -5a) County Special Management Area: Not in the SMA 1.2 PROJECT OBJECTIVES The County Council adopted the Kailua Village Master Plan as Resolution No. 374-96 on September 6, 1996. This Master Plan was developed to allow for the orderly development of the Kailua Village Special District. The Property is within the Kailua Village Special District, The Project is intended to help meet the growing demand for Independent Living Communities in the form of a Multiple Family Residential complex for Seniors here in West Hawaii area and allow for the expansion of the existing urban development in the Kailua Village Special District in an orderly and cost-effective manner. Being in close proximity to the urban center of Kailua-Kona, the Project has the advantage of being close to existing infrastructure and supportive public services. The Project has also been planned with a sensitivity to the environmental and cultural considerations of the site. Development of the Project will be consistent with the adjacent existing single family residential subdivision with a high level of site amenities and be compatible with the development in the area. 4075533.1.05 53 5 1 -0000 1 County Environmental Report Pua'a Development LLC This County Environmental Report has been prepared in support of the Change of Zone and State Land Use District Boundary Amendment applications for the Project according to the requirements of Section 25-2-42 of the Zoning Code. 1.3 EXISTING LAND USE The Project site is currently vacant and heavily vegetated. It is occasionally used for grazing. The Project is adjacent to the north by the Pines I at Kailua-Kona, a Planned Unit Development single family residential development. Nearby lands to the west are vacant, the University of Nations property across the Hualalai Road to the southwest is presently being developed with 3 condominium buildings containing 31 residential units. The property immediately adjacent to the south has a single family dwelling which is situated approximately in the middle of the 5.54 acre property. As such, there is ample open space between the Project and this existing single family dwelling. The Property is bounded on the east by the Hawaii Belt Road. Kailua-Kona, the urban center of West Hawaii contains hotels, multiple family and single family residential projects, medical & financial offices, commercial shopping centers, an industrial area, a waterfront pier and several areas set aside for future development. The Project is consistent with the existing and proposed uses within the Kailua-Kona urban center, and has been planned in a manner so as to complement the adjacent land uses. 1.4 DEVELOPMENT PROGRAM The Project, PUA'A is an Independent Living Community as shown in Exhibit B that is designed to be a safe, convenient and socially conducive neighborhood environment. It is planned to provide open space and park areas with approximately 144 to 160 multiple family residential apartment units on a 9.264 acre site consistent with the proposed Multiple Family Residential - 2,500 square feet (RM -2.5) zoning designation. The goal of the planning strategy is to create a residential development that encourages a strong sense of community values, promotes social interaction and offers Senior citizens a complete living environment for their later years. Residential units will be clustered around courtyards, creating a sense of privacy -4- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC within the whole project. Streets are designed to be in scale with a traditional neighborhood setting, reducing the speed of traffic and providing a safe pedestrian environment. Regency Pacific who recently developed the assisted care and independent living facility on Hualalai Road were consulted with respect to the off-street parking requirements and on their evaluation, a Senior's Independent Living residential community parking ratio of 1.25 stalls per unit would suffice for the PUA'A residents, staff and visitors. With this is mind, the project's off-street parking is evenly dispersed throughout the project with 177 to 200 standard off-street parking spaces, 5 ADA standard and 1 ADA Van accessible and 2 loading spaces as required by the Zoning Code. Particular attention is given to the crucial design elements that can create a sense of place and promote a neighborhood feeling. This is accomplished through the use of a consistent landscaping theme to define outdoor spaces, smaller scale private streets, park areas, and traditional street lighting fixtures. The proposed Project offers a variety of amenities to Senior residents. Centrally located and within a two minute walking distance from each unit is an approximately 9,000 square foot, two story Community Building which provides a place for the Senior residents to enjoy a variety of basic services. These services include food service and dining area, lounge, library, workrooms, exercise room, mail room, administrative office, elevator, outdoor pool and spa. An approximately 14,600 square foot park with a 900 square foot open pavilion is centrally located to provide space for the Senior residents to socialize, relax, and enjoy the outdoors. Garden plots will also be provided as an additional incentive for outdoor recreation. There will be approximately 1.56 acres of land along the frontage of the Property that will be landscaped to provide and act as a landscape buffer from Hualalai Road. Each two story building is comprised of 16 residential units with individual lanais clustered around a central open air landscaped courtyard space that provides a sense of outdoor space. In each building, eight of the units will be one bedroom units and eight will be two bedroom units. The one bedroom units are approximately 683 square feet to 691 square feet in size and the two bedroom units are approximately 992 square feet in size. Covered parking is provided with each typical building cluster, and uncovered off-street parking is dispersed throughout the Project. Access to 5- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC the Project will be from Hualalai Road, which is proposed to be realigned at the front of the property to improve the sight distance along this stretch of Hualalai Road. The main access driveway will be constructed in conformance with the requirements of the Department of Public Works, Engineering Division. Infrastructure within the Project that will include underground utilities such as water, sewer, electricity, telephone and cable television. 1.5 DEVELOPMENT TIMETABLE Development plans are expected to be submitted for Plan Approval within six months of receipt of governmental approvals (State Land Use Boundary Amendment and Change of Zone). Construction of the Project would be completed within two years of Final Plan Approval. Based on current market conditions, the Project units are expected to be developed and rented. 1.6 ALTERNATE DEVELOPMENT Should the specific Independent Living Project not proceed because of changing market needs, financing and/or housing demands, the Applicant still intends to develop the property for up to 160 multiple family residential units, in either rental or a condominium basis. The anticipated impacts of either development with the exception of increased off-street parking required for the Multiple Family Residential project are generally the same. 1.7 ESTIMATED INFRASTRUCTURE AND SITE DEVELOPMENT COSTS The estimated order of costs for infrastructure elements, which include site preparation, sewer, water, drainage, power, communication utility improvements, the 144 units and community center for the Independent Living Residential Community is estimated to be approximately $23,000,000.00 in 2002 dollars. 2.0 ENVIRONMENTAL CHARACTERISTICS AND ANTICIPATED IMPACTS OF THE PROPOSED ACTION 2.1 PHYSICAL ENVIRONMENT 2.1.1 Geology, Physiography, and Climate Located on the northwest slope of Hualalai Volcano, overlooking Kailua Bay, the Project -6- 4075533.1.055351-00001 County Environmental Report Pua'a Development LI C area is situated on remnants of lava flows from Hualalai that are covered by a very thin layer of rocky, organic soil. Elevations range from approximately 300 feet above mean sea level at the makai boundary with slopes averaging from eight to ten percent. Due to the wind -shadow effect caused by Mauna Loa and Hualalai, winds in the area are often light and variable, dominated by local land -sea breezes. However, Kona storms in the winter season can bring very strong winds from the south or southwest for brief periods. Average daily temperatures range from a minimum of 61 degrees F. to a maximum of 79 degrees F. Annual rainfall averages approximately 15 inches, with most falling in the summer months. 2.1.2 Soils Soils in Hawaii are commonly rated in terms of three classifications systems: (1) Detailed Land Classifications, (2) Soil Survey, and (3) Agricultural Lands of Importance to the State of Hawaii. These are discussed below. Detailed Land Classification Based on the five -level productivity rating system from the Land Study Bureau's 1967 Detailed Land Classifications, Island of Hawaii (Baker et a1.1965), where A represents the highest rating and E the lowest, the soils within the Project site consist of "E" soils, which are considered marginally suitable or unsuitable for agricultural purposes. None of the Property is categorized as A, or B soils, which are considered important for agricultural purposes under Hawaii Revised Statutes Chapter 205. Soil Survey Soils on the site are identified by the Soil Survey of the Island of Hawaii (USDA -SCS 1973) as Punaluu (rPYD) series and Waiaha (WHC) series as described below. rPYD The Punaluu series consists of well -drained, thin, organic soils over pahoehoe lava bedrock. These soils are gently sloping to moderately steep. Punaluu soils are used for pasture. Punaluu is extremely rock peat, 6 to 20 percent slopes. Rock outcrops occupy 40 to 50 percent of the surface. In a representative profile the surface layer is black peat about 4 inches thick. It is underlain by pahoehoe lava -7- 407»33,1.05535 7- 407»33.1.05535 1-00001 County Environmental Report Pua'a Development LLC bedrock. This peat is rapidly permeable. The pahoehoe lave is very slowly permeable, although water moves rapidly through the cracks. Runoff is slow, and the erosion hazard is slight. Roots are matted over the pahoehoe lava. WHC The Waiaha series consists of shallow, well -drained silt foams that formed in volcanic ash. These soils are level to moderately steep and most areas are extremely stony. The Waiaha soils are used for pasture. Waiaha soils are extremely stony silt loams, 6 to 12 percent slopes. In a representative profile, the surface layer is very dark brown extremely stony silt loam about 4 inches thick. The subsoil is dark brown very stony silt loam about 14 inches thick. The substratum is pahoehoe lava bedrock. In places the surface layer is nonstony. These soils are rated as poorly suited to agriculture due to their rocky character, relatively thin depths, and rapid permeability. Agricultural Lands of Importance to the State of Hawaii The Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system identifies three types of agricultural lands, based on characteristics such as soil quality, growing season and moisture supply. The three classifications used are prime, unique, and other important lands and existing urban. The Property is identified as "Existing Urban". Agriculture Potential Due to the generally poor quality of soils within the Project site, impacts to the agricultural potential for the Project lands are expected to be minimal and insignificant. Although development of the Project will result in a curtailment of the present limited use of the Project lands for occasional grazing purposes, this impact is not expected to be significant given the marginal quality of these lands and the extent of other, more suitable grazing lands in the region. Additionally, the potential agricultural use of the Project land should be viewed in the context of the surrounding urban uses and the long-range land use plans for the area, as set forth by the State and County development plans. M 4075i 33.1.055351-00001 County Environmental Report Pua'a .Development LLC 2.1.3 Flora and Fauna Flora The property is almost entirely covered with grass and stands of koa haole. Plant species found in the Project area vicinity, and which may occur within the Project area, are common, mostly alien, species: (1) trees such as kiawe, kukui, African tulip tree, nom and monkeypod; (2) shrubs such as koa-haole, Christmas berry, klu, castor bean, and sodom apple; and (3) common herbs such as bermuda grass, spiny pigweed, four-o'clock, beggar's tick, Sacramento bur, goose grass, heliotrope, sow thistle, rattle pod, finger grass, crab grass, and sand bur. Bindweed, coccinea, and koali awahi'a represent existing vine types. None of these plant species are classified as rare or endangered. Of the native species found in the vicinity or observed on the Project site, many are weedy varieties and are able to compete in the face of disturbance or invasion by other weeds. In that those plants found on site are generally alien and introduced species and with an absence of plant species classified as rare, endangered, or threatened, the overall impact of the 1-1 Project on area flora is expected to be negligible. Fauna Faunal studies conducted in the Project vicinity have observed no resident endemic or indigenous bird species. Species observed in the Project area vicinity include the Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats and dogs. These species are highly mobile and will have little trouble in relocating to other areas. None of the species are rare or endangered. The Project would create a more open and urbanized habitat than presently exists. This change in the habitat may result in a decrease or increase in the numbers of different species, depending on the habitat preference of the species. The number of feral cats and dogs could decrease due to the urban nature of the residential development. -9- 407»33. L055351-00001 County Environmental Report Pua'a Development LLC 2.14 KA PA' AKAI O KA' AINA ISSUES: Based on the findings of the historical record of the Property, the Applicant presents the following statements in response with the requirements of the Hawaii Supreme Court's criteria in the Ka Pa' Akai O Ka' Aina case. a. 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 currently vacant. An archaeological inventory survey Report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated August 1999 and Revised Final archaeological inventory survey Report by Archaeological Consultants of the Pacific, Inc. dated February 2002 (See Exhibit C). These reports and pre -consultations with DLNR-SHPD determine that with the implementation of Data Recovery for certain sites, and preservation and potential reinternment of the two burial sites within the Project pursuant to the requirements of the Hawaii Island Burial Council, the proposed Project will have no adverse effect on the historical and archaeological remains on the Property. It should be noted that 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 inventory survey did not uncover any existing evidence to indicate that any traditional and customary native Hawaiian rights are exercised in the petition area. b. 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 Project area. Therefore, no resources or traditional and -lo- 407533.1-05535 1-00001 County Environmental Report Pua'a Development LLC customary Native Hawaiian rights will be affected or impaired by the proposed Project. C. The feasible action, if any, to be taken 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 Project area, that the Applicant will report this matter to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review and assessment. 2.1.5 Historic and Archaeological Sites An archaeological inventory survey Report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated August 1999 and a Revised Final archaeological inventory survey Report by Archaeological Consultants of the Pacific, Inc. dated February 2002, including an Archaeological Data Recovery Plan was completed by Archaeological Consultants of the Pacific, Inc. dated February 2002. A summary of the inventory survey report and Final revised inventory survey report are included as Exhibit C and a summary of the Archaeological Data Recovery Plan included as Exhibit D in this report. One (1) copy of each of the three full reports have been submitted to the Planning Department for their reference files. It should be noted that all of these reports have been submitted to the Department of Land and Natural Resources, Historic Preservation Division. In the conclusion portion of the Revised Final archaeological inventory survey Report by Archaeological Consultants of the Pacific, Inc. dated February 2002, it states "An Inventory Survey with Subsurface testing has been conducted on property located in Kailua in the island of Hawaii. The purpose of the investigations was to determine if significant historic properties exist within the project limits and, if present properly document and evaluate those sites. Inventory Survey investigations have documented the presence of five sites' Sites 21760, 21761, 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC 21762, 21763 and 23272. The preceding report summarizes the findings and evaluations. Based upon the results of the current investigations, Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would have an "adverse effect" on significant historic properties on the subject property under Chapter 6E draft rules for archaeological inventory surveys. Data recovery investigations are recommended for Sites 21760 and 21762. It is also suggested that a Burial Treatment Plan be prepared for Sites 21760 and 21762. On call monitoring is suggested for Site 21760 for any future construction activities given the possibility of inadvertent discoveries of human remains. Preservation is recommended for Site 21762. No additional archaeological investigations are recommended for Sites 21761, 21763 and 23272." In the conclusion portion of the Archaeological Data Recovery Plan it states that "Previous archaeological investigations on the subject parcel identified properties significant to the interests of historic preservation. Because the proposed development of the subject property would have an "adverse effect" on these significant historic properties, Data Recovery was recommended. Inventory Survey investigations identified five previously unidentified archaeological sites (Sites 21760, 21761, 21763 & 23272 (Elmore, Bolt & Kennedy 2002). Those investigations recovered sufficient information regarding Sites 21761, 21763 and 23272 such that they have been determined to be "No Longer Significant". Site 21760 was determined to be significant for its information content while Site 21762 was determined to be significant for its information content as well as for its cultural value. Both were recommended for Data Recovery. This plan presents the details of the proposed Data Recovery at Sites 21760 and 21762. The acceptance and implementation of this plan as well as the production of an approved Data Recovery Report will help mitigate the "adverse effect" proposed developments will have on the historic properties present." The Final revised Inventory Survey Report was accepted by the Department of Land and Natural Resources, Historic Preservation Division in a letter dated February 25, 2002 to Ms. Michelle Moore of Archaeological Consultants of the Pacific, Inc. (See Exhibit G) -12- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC A burial treatment plan and monitoring plan will also be prepared in accordance with the requirements of the letter of February 25, 2002. Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Applicant will comply with all conditions of the Hawaii Island Burial Council review and requirements. 2A.6 Natural Hazards Potential natural hazards to which the subject property could be subjected include flooding, volcanic eruptions and earthquakes. Volcanic hazards in the area have been studied in detail (Mullineaux and Peterson 1974). The proposed Project site is located on the northwestern slope of the Hualalai Volcano. The last volcanic eruption of Hualalai occurred in 1800 to 1801. Lava emerged from the northwest volcanic rift zone at about the 1,600 -foot elevation (in the vicinity of Puhi-a-Pete cinder cone, just makai of Mamalahoa Highway) creating the flow that entered the ocean north of Keahole Point, about 16 miles north of the Project area. The U.S. Geological Survey divides the Island into zones that are ranked from 1 through 9 based on the probability of lava coverage. The USGS Lava Flow Hazard Maps show the Project area, as is all of the Kona area, to be within Lava Flow Hazard 'Lone 4, which indicates that less than 15 percent of the land in this zone has been covered with lava in the past 750 years and that there has been 5 percent lava coverage in the past 200 years. Although lava flows on Hualalai have typically covered large areas, historic flows have been concentrated on its western flank. The historic flow closest to the Project site is the 1800-1801 flow, mentioned above. The impacts of lava flows on the Project site can only be mitigated with the intention of protecting life. Protection of property from lava inundation has proven to be relatively ineffective on a regional scale. Therefore, mitigation of lava flow hazards would be limited to the provision 13- 4075533.L055351-00001 County Environmental Report Pua'a Development LLC of adequate evacuation routes and civil defense warning systems designed to provide users of the Project site with as much advance notice of a threatening lava flow as possible. In order to minimize potential damage to structures as a result of earthquakes, all buildings and structures within the Project will be designed and constructed in compliance with applicable Building Codes and Standards. 2.1.7 Air and Noise Quality Air Quality Generally, air quality is affected by regional and local climates, together with the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries that would contribute to air pollution are located within the vicinity of the Project. Air quality in the Project vicinity is most affected by emissions from natural and vehicular sources. The dominant factor for the past several years has been the volcanic haze (vog) from Kilauea Volcano, which drifts into the Kona area from more than fifty miles away. Another natural source of air pollution that may affect the air-quality at the site is windblown dust. Although there is little air quality monitoring data currently available for the area, it appears that both State and Federal ambient air quality standards are currently being met, despite the persistent vog_ The Project would increase traffic in the area very slightly, although the projected level of project generated traffic at build -out is not expected to generate significant levels of air pollutants, and those that are generated would be dispersed rapidly by the prevailing winds. There could be short-term air quality impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through utilization of best management practices such as covering transported materials, water spraying, and planting of ground cover as soon as practical. 14- 407553 3.1.0553 5 1-00001 County Environmental Report Pua'a Development LLC Noise Quality Because there is residential development adjacent to and in the vicinity of the Project area, existing background ambient noise levels within the Project site are similar to levels in other residential areas of the Kailua-Kona and surrounding area. Noise levels in the Project area are primarily influenced by the traffic on Hualalai Road and the Queen Kaahumanu Highway. There could be short-term noise impacts due to construction activities, especially during clearing and grubbing operations. However, these impacts can be mitigated through scheduling work during the daytime and by ensuring that construction equipment complies with County regulations. When fully developed, the Project is not expected to add significantly to current noise levels. 2.1.8 Scenic and Visual Resources The Project will not impact views of the shoreline from the Hawaii Belt Road, the nearest State right-of-way being the mauka boundary of the Project site. The Project is located between the Hawaii Belt Road and Hualalai Road, and approximately 3,000 to 4,000 feet from the shoreline. It is situated in an area where topography and vegetation would partially screen the development from mauka to makai view. From the shoreline, the Project will be visible as part of a larger regional view of the Kailua-Kona mauka lands, but not distinguishable. The Project will have no significant adverse effect on the existing scenic and visual resources of the Kailua- Kona area 2.1.9 Public Access The subject property fronts on Hualalai Road, a County roadway and Hawaii Belt Road, a State Highway situated within an area that is developed with single family residences and multiple family residential developments. The subject property is located approximately 3,000 to 4,000 feet or approximately 0.5 miles mauka of the shoreline and approximately 33,000 feet or approximately 6.2 miles from the mauka Forest Reserve Area. In addition, within the General Plan and the Kona Regional Plan, there are no identified public accesses related to the subject Property. Therefore, there will be adverse impacts to any shoreline or mauka public accesses as a -15- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC result of the requested State Land Use Boundary District Amendment, Change of Zone Applications requests. 2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS 2.2.1 Schools The Project is proposed as a Multiple Family Residential Project, which may be developed as a Independent Living Residential Community, so there will be no children living within this facility. Based on this element, we believe that while there will be no impact on the educational services. Even if the Project is developed as a Multiple Family Residential Project, based on the location of the development within the Kailua-Kona area and the abundance of educational facilities that are located within this urban area, it is highly unlikely that the existing educational facilities will be negatively impacted. 2.2.2 Parks and Recreation County park facilities in the area include Pahoehoe Beach Park, White Sands, and Kahalu`u Beach Parks, all of which are located within a few miles of the Project site. Kailua Park, located at the Old Kona Airport, consists of approximately 14 acres and includes a gymnasium, public swimming pool, soccer and baseball playing fields, lighted play fields, tennis courts, meeting facilities, restrooms, park offices, and a walking and bike track. State parks in the region include the Old Kona Airport Recreational Area, a 104 -acre coastal park, Kekaha Kai State Park, a 1,642 acres coastal park, Keolohahihi State Historical Park, a 12 acre coastal park, Kealakekua Bay State Historical Park, a 184.9 acre coastal park which is approximately 11 miles to the south, and the Kaloko-Honokohau National Historical Park, a 1,178 acre coastal park approximately 2 miles north of Kailua Village. Based on the most recent estimates, the resident population for the North Kona district is approximately 28,543 (County of Hawaii April 1, 2000 Data Book, Department of Research and Development), with approximately 1,777 acres in State and County parks in the North Kona District. This equates to approximately 63 acres of park per thousand population and exceeds the five acres of park per thousand population standard established by the County for park needs. -16- 407»33.1.055351-00001 County Environmental Report Pua'a Development LLC Given the relatively small size of the Project, the socio-economic make-up of the targeted buyers and abundance of recreational resources within the Kailua-Kona Resort and Urban center and surrounding area, additional measures to minimize potential adverse impacts to park and recreational facilities in the area do not appear to be warranted. 2.2.3 Medical Services The nearest available public health facility is the State Department of Health's Kona Hospital at Kealakekua, which is one of five licensed hospitals operating on the Big Island. The community facility was established in 1975, and recently expanded in April of 2001 with an I 1 bed Psychiatric unit. As of December 2001, there are 60 acute care beds and 30 long term care beds, approximately 61 physicians, approximately 94 RNs and LPNs, and a total of approximately 350 employees. Specialty services offered by Kona Hospital include medical, surgical, OB/GYN, ICU, emergency room, chemotherapy, psychiatric and long-term care. Because of the limited size of the Project, it is not anticipated to add significantly to the demand for emergency or daily medical care services in the Kona area. 2.2.4 Police and Fire Protection Services The main police station for North and South Kona is located in Kealakehe, and a substation is located in Capt. Cook to serve the Kailua-Kona area. Similarly, the Hawaii County Fire Department has stations in Kailua-Kona, Keauhou, and one in Captain Cook. The Kailua- Kona facility provides air, land, and sea rescue as well as fire and emergency medical response services. The Captain Cook facility provides only fire and emergency medical response services. Volunteer stations at Hualalai and Kona Village supplement the County facilities. Kona's existing police and fire protection services should adequately accommodate the slight increase in anticipated demand generated by the Project. 2.2.5 Water System The Project will connect with the County's North Kona Water System, which among other areas, serves the Project area. Water can be made available to the Project from an 8 inch line within the Hualalai Road right -of -way- -17- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC 2.2.6 Drainage The Project area is outside the 500 -year flood zone (Zone X) pursuant to the Flood Insurance Rate Maps on file with the County Department of Public Works. Additionally, no natural drainage features are found on site. Because the land and soil are well drained, floods due to rainwater and surface runoff across the property are unlikely to occur if County regulations pertaining to drainage and flood control are adhered to. There are no year-round streams, major drainage ways, or other surface water features on the property. As stated previously, the predominant soil type is highly permeable and allows much of the rainfall to percolate into the ground; thus surface runoff is negligible. The Project will increase surface runoff due to the runoff from road pavements, sidewalks, driveways, and roofs which will be controlled by storm drains and drywells as part of a County approved storm drainage system All Project generated runoff will be disposed of on site, so as not to impact makai properties. 2.2.7 Sewerage System The Project will connect to the existing County Wastewater Treatment Plant at Kealakehe via a sewer easement across 7'MK: 7-5-009: 057 and TMK: 7-5-010: 006 which will hookup into the County's Wastewater Treatment Trunk line in Kuakini Highway. The alignment of the proposed sewer easement has been determined and upon approval of the State Land Use District Boundary Amendment and Change of Zone applications, the Applicant and the Trustees of the Estate of Bernice Pauahi Bishop will execute the Grant of Reciprocal Easement for Sewage Line. A draft copy of the Grant of Reciprocal Easement document and location of the sewer easement is part of this report and listed as (Exhibit H). The Applicant would be amenable to the Planning Director, Planning Commission and the County Council adopting a condition of approval requiring the execution and recordation of the Sewer Easement as a condition of approval prior to issuance of the Final Plan Approval for the Project. 2.2.8 Solid Waste Disposal Homes within the Project will generate solid waste, which will be collected by commercial haulers and disposed of at the County landfill at Pu`uanahulu, North Kona. Solid waste would be collected and disposed in compliance with all applicable Federal, State, and -Is- 4075533.1,05535 1 -0000 1 18- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC County rules and regulations. Because the Project will not cause a significant change in the amount and manner of collection and disposal, and because there is ample capacity at the County landfill to accommodate the projected waste generated from the Project, no adverse impacts are expected relative to solid waste disposal. 2.2.9 Electrical, Telephone, and Cable Services Electrical Power Electrical power service would be provided by Hawaii Electric Light Company (HELCO). Given the limited size of the Project development and the utility's existing and projected reserve capacity, the projected power demands for the Project are not anticipated to have a significant impact on the utility's ability to meet the growing demand of the area. The power lines for the proposed subdivision will connect with the existing lines along Hualalai Road. They will be located underground and will meet HELCO's design and installation standards. Coordination with the utility's engineers well in advance of development will ensure that the provisions of electrical power are integrated with planned utility system improvements in the area. Telephone and Cable Service Verizon Hawaii provides telephone and other telecommunication services to Kailua- Kona, and the rest of the island. As with electrical demand, given the limited size of the Project development and the utility's existing and projected capacity, the projected demands for telecommunications services for the Project are not anticipated to have a significant impact on the utility's ability to meet demand in the area. Telephone lines for the Project will be installed underground from a connection along Hualalai Road. 2.2.10 Vehicular Circulation/Traffic The major roadways serving the Project area include Hualalai Road, Hawaii Belt Road, Nam Kailua Drive and Kuakini Highway. All are directly connected with roadways serving Kailua-Kona. The Hawaii Belt Road is a State right-of-way. Access to the Project site will be from Hualalai Road which is a 50 foot right-of-way with approximately 20 feet of pavement and unimproved shoulders. -19- 4075533,1.0»35 1-00001 County Environmental Report Pua'a Development LLC A Traffic Impact Analysis Report prepared by Witcher Engineering LLP dated September 7, 2001 (See Exhibit E) found that the Project was not expected to cause any significant impacts on traffic in the area. The Traffic Impact Analysis Report states "The proposed project is expected to generate only a few trips in the morning and afternoon peak hours. It is not expected to have an adverse impact on traffic operations at the driveway and at the Queen Kaahumanu Highway/Hualalai Road intersection and the Nani Kailua-Hualalai Road. A separate left turn lane at the access road to the project site is not warranted The roadway and intersection designs as proposed for Hualalai Road will be adequate to handle future traffic. No mitigating actions are required because of this Project. " Although the Traffic Impact Analysis Report does not recommend the provision of any additional roadway improvements as a result of the Project, the Applicant has been working with the Department of Public Works, Engineering Division in the realignment of Hualalai Road fronting the Project, and has taken the initiative to show the realignment of Hualalai Road on the proposed Project plans. Upon securing approval of the realignment, the Applicant intends to convey the area for the new road right-of-way that will improve the sight distance in this stretch of Hualalai Road fronting the Project. Therefore, the additional traffic to be generated from the Project will not require any traffic related improvements. Short-term negative impacts may occur during the construction of the subdivision roads and infrastructure. Construction vehicles will slow area traffic while on the public roadways. No closure or rerouting of existing public traffic lanes is anticipated. 3.0 CONFORMANCE WITH STATE AND COUNTY PLANS 3.1 STATUTORY AUTHORITY FOR SUBMITTAL OF CONCURRENT APPLICATIONS AND APPLICATIONS FOR 15 ACRES OR LESS. Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-9 (b)(Applications including lesser actions, concurrent applications) state that "Two or more applications involving the same building site or the same project requiring commission action may be considered concurrently, provided that the commission decision on each application shall be issued separately by the commission " -20- 4075i33,1,05535 20- 4075533.1.05535 1-00001 County Environmental Report Pua'a Development LLC Hawaii County Planning Commission Rule No. 13 (State Land Use Boundary Amendment), Section 13-1 (Purpose and Authority) states "This rule governs State Land Use district boundary amendment procedures pursuant to authority conferred by Section 205-3.1 of the Hawaii Revised Statutes and Chapter 28 of the Hawaii County Code, which allow the County to amend State Land Use District boundaries for lands fifteen acres or less located in the State Land Use Urban, Rural, and Agricultural Districts." Section 13-8 (Consolidated Proceeding with Other Land Use Changes) states "A petition for a district boundary amendment may be submitted simultaneously with other land use changes and applicable permits for consolidated review and processing, including any hearings." 3.2 CHAPTER 205, HAWAII REVISED STATUTES (HRS) - LAND USE COMMISSION Currently, the Project site is designated within the Agricultural District by the State of Hawaii Land Use Commission. To implement the Project, a district boundary amendment conforming to the State of Hawaii Land Use Commission Hawaii Administrative Rules, (Title 15, Subtitle 3, Chapter 15, Subchapter 8, Section 15-15-77(d) and Hawaii County Planning Commission Rule No. 13 would need to be approved by the Hawaii County Council The applicant is submitting a State Land Use Boundary Amendment Petition for the approximately 9.26 acre Property, concurrent with an application for Change of Zone. The proposed boundary amendment must conform to the Commission's standards for determining Urban District boundaries as contained within Section 15-15-18. The standards are addressed as follows: Standard One (1): It (the Urban District) shall include lands characterized by "city -like', concentrations of people, structures, streets, urban levels of services, and other related uses. Response: The Project will be a complementary extension of existing multiple and single family residential development along Hualalai Road. Immediately adjacent to the north of the Project is the Pines I at Kailua-Kona, a Planned Unit Development of single family residential dwellings. The property across -21- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC Hualalai Road to the northwest is also zoned Multiple Family Residential and has secured the necessary approvals for a 334 unit Multiple Family Residential development. The University of Nations across Hualalai Road to the southwest of the property has under construction 3 buildings containing 31 condominium residential units. These adjacent uses are "city -like" in concentration and the Project would expand this general characteristic. Standard Two (2): It (the Urban District) shall take into consideration the following specific factors: 1. Proximity to centers of trading and employment, except where the development would generate new centers of trading and employment. Response: The Project would be integral to the trading and employment center of Kailua-Kona Major Resort and Urban Center which includes major commercial shopping centers, 4 hotels, multiple family residential developments and the historical, resort -commercial development along Alii Drive, as well as State and County public service facilities. 2. Substantiation of economic feasibility by the Petitioner. Response: The proposed multiple family residential and/or Senior's Independent Living residential development will add to the existing Housing inventory in the immediate Kailua-Kona urbanized area and provide a housing facility that will be in close proximity to all of the major employment businesses in Kailua-Kona. The establishment of the Project would provide for the sharing of necessary infrastructure costs which further substantiates the economic feasibility of the Project. 3. Proximity to basic services, such as sewers, water, sanitation, schools, parks and police and fire protection. Response: The Project would complement the urbanization of the developing residential community in the Kailua-Kona urban core. The Project is within -22- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC the Kailua Village Special District and the Kailua-Kona Urban Center. As such it is in close proximity to the necessary supporting infrastructure and public services. 4. Sufficient reserve areas for urban growth and appropriate locations based on a ten (10) year projection Response: The Project is located in an appropriate location for urban growth, as indicated on the County's General Plan, the Kona Regional Plan and the Kailua Village Master Plan, which designate the Project area and surrounding lands as being appropriate areas for medium density expansion and residential use, respectively. The Project site is contiguous to existing urban areas and is located in proximity to major transportation corridors. Furthermore, the Project is consistent with the Kailua Village Master Plan, which includes reserve areas for urban growth based on a ten-year projection. Standard Three (3): Lands included (within the Urban District) shall be those with satisfactory topography and drainage, and reasonably free from danger of floods, tsunamis, unstable soil conditions, and other adverse environmental effects. Response: Having an overall slope of less than ten percent, the topography of the Project area is well suited for urban development. There is no evidence of significant natural drainage features within the site and the Flood Insurance Rate Map (FIRM) indicates the entire Project area to be outside the area of the 500 -year flood plain. Additionally, the U.S. Geological Survey indicates that the Project site, similar to the entire Kailua-Kona area, is located within the volcanic and seismic hazard Zone 4, indicating a relatively low exposure to volcanic and seismic hazards. Standard Four (4): In determining urban growth for the next ten (10) years or in amending the boundaries, lands contiguous with existing urban areas shall be given more consideration than 23- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC noncontiguous lands, and particularly when indicated for future urban use on the County General Plan. Response: The petition area is contiguous to existing urban areas that are indicated for medium density urban expansion development on the County General Plan and, therefore, merit favorable than other noncontiguous lands. Standard Five (5). It should include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth, as shown on the State and County General Plans. Response: The Project is consistent with the County of Hawaii General Plan which designates Kailua-Kona as a Major Resort and Urban center, the Kona Regional Plan which designates the area for residential uses and the Kailua Village Master Plan which designates the area as commercial/residential uses. Additionally, the site is also adjacent to existing urbanized parcels to the north and west. Standard Seven (7): It shall not include lands, the urbanization of which will contribute to scattered spot urban development, necessitating unreasonable investment in public- infrastructure ublicinfrastructure or support services. Response: As stated in the response to Standard 4, the petition area is contiguous with the existing urban area. Infrastructure lines including water and utility (electrical, telephone, and cable) facilities are already present along this stretch of Hualalai Road fronting the Project. The Project's wastewater would be hook up via a Sewer Easement to the West of the Property to Kuakini Highway to the County's sewer line. 3.3 HAWAII STATE PLAN The Hawaii State Plan, as set forth in Chapter 226, Hawaii Revised Statutes, consists of a series of long-range and comprehensive plans, goals and policies which serve as a guide for the growth and future long-range development of the State. Amendments to the State Land Use -24- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC District Boundary must be consistent with these plans and policies. The goals of the Hawaii State Plan and their relationship to the Project are as follows: • Goal: A strong, viable economy characterized by stability, diversity, and growth that enable the fzditllment of the needs and expectations of Hawaii's present and future generations. • Goal: A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well bing of the people. Goal: Physical, social and economic well being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Response: The Project would contribute to the attainment of the goals of the Hawaii State Plan in that the increased availability of residential products to Hawaii residents would contribute to the stability, diversity and growth of the local and regional economies. More specifically, the Project would provide housing opportunities in a planned setting wherein the design, operation, maintenance and provisions for environmental protection can be effectively, efficiently and economically controlled in proximity to existing and planned developments. Activities within the Project area provided within a planned setting would encourage a sense of community responsibility and participation in family life. 3.4 CHAPTER 343, HRS, ENVIRONMENTAL IMPACT STATEMENT REGULATIONS An Environmental Impact Statement (EIS), as defined by Chapter 343, HRS and by the State Environmental Quality Commission Rules and Regulations, is not required for the proposed use as none of the applicable actions delineated in Chapter 343, Section 5, HRS, apply to the Project. This County Environmental Report, however, has been prepared to address the -25 407553 3.1.0553 5 1 -00001 County Environmental Report Pua'a Development LLC environmental and technical considerations of the Project in compliance with Section 25-2-42 of the Hawaii County (Zoning) Code. 3.5 HAWAII COUNTY GENERAL PLAN The Hawaii County General Plan is the County's comprehensive land use policy for guiding long-range development on the Island of Hawaii. It specifies goals, policies, and standards of development for the most desirable land uses on the island. The General Plan's associated Land Use Pattern Allocation Guide (LUPAG) Map designates the general allocation of the various desired land uses, such as urban, residential, recreational, agricultural, resort commercial and industrial. Kailua-Kona is identified by the General Plan as a major resort and urban center. The General Plan states that within Medium Density designated areas, "Village and Neighborhood Commercial and residential and related functions (3 story commercial, residential - up to 35 units per acre) are allowed. The Project site is located within the Medium Density area of Kailua- Kona. As a multiple family residential or independent living residential use, the Project is consistent with this designation and with the overall land use policies of the County General Plan for Medium Density development. The following is a discussion of the Project's consistency with the speck goals, policies, and courses of action of the General Plan that are relevant to the Project. Economic Goal • Provide residents with opportunities to improve their quality of 1i fe_ Discussion: The Project will provide short-term construction -related job opportunities. Property, income, excise and other taxes will be generated, resulting in an increase in State and County revenues which in turn can be used to provide needed public services and facilities. Additionally, the Project will provide new housing opportunities for our elderly residents in a well planned and secure neighborhood environment. -26- 4075533.].055351-00001 County Environmental Report Pua'a Development LLC Environmental Quality Goal • Maintain and, if feasible, improve the existing environmental quality of the island Discussion: The Project will not result in 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 ofPublic Works. Discussion: The Project is a low -profile development that will not affect scenic view Historic Sites Goal planes in the area. It is not located within any flood way or flood plain. Surface water runoff and sedimentation will be minimized by construction methods approved by the Department of Public Works. A County approved erosion and sedimentation control plan will be implemented in conjunction with all grading activity. Protect and enhance the sites, buildings and objects of significant historical and cultural importance to Hawaii. -27- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC Discussion: An archaeological inventory survey Report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated August 1999 and a Revised Final archaeological inventory survey Report was prepared by Archaeological Consultants of the Pacific, Inc. dated February 2002 . A copy of both reports are included as Exhibit C in this report. An archaeological data recovery plan report of the property was conducted by Archaeological Consultants of the Pacific, Inc. dated February 2002. A copy of the archaeological data recovery plan report is included as Exhibit D in this report. The Final revised Inventory Survey Report was accepted by the Department of Land and Natural Resources, Historic Preservation Division in a letter dated February 25, 2002 to Ms. Michelle Moore of Archaeological Consultants of the Pacific, Inc. (See Exhibit G). Based on the above information, potential impacts to the historical and archaeological resources of the Project area will be mitigated by the developer according to the approved recommendations of the consulting archaeologist, in consultation with DLNR-HPD. The Applicant will comply with all conditions of the Hawaii Island Burial Council review and requirements. The Applicant will be required to implement the DLNR State Historic Preservation Division and Hawaii Island Burial Council requirements and required mitigation measures to minimize potential impacts to these archaeological sites, including preservation, further data recovery, historical research, or protection, where appropriate. Natural Beauty Goals Protect, preserve and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. Protect scenic vistas and view planes from becoming obstructed -28- 4075533. 1 .05535 2s- 4075533.1.05535 1 -00001 County Environmental Report Pua'a Development LLC • Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Discussion: Scenic view planes toward the shoreline will not be obstructed by the subdivision. The Project is located approximately 3,000 to 4,000 feet from the shoreline and will not impede the views of motorists traveling along the State right-of-way. Notably, the existing topography and vegetation partially shield the shoreline view from the highway. When the Project is developed, the makai views will be partially screened for this segment of the Hawaii Belt Road. From the shoreline (approximately 3,000 to 4,000 feet distant), the Project will be visible, but indistinguishable, as part of the larger regional view of the Kailua-Kona mauka lands. Natural Resources and Shoreline Goals • Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment and damage. • Provide opportunities for the public to fu011l 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 that is protective of resources and is of the maximum benefit to the general public. -29- 4073533A.05515 1 -00001 2y_ 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC The shoreline shall be protected from the encroachment of man-made improvements and structures. Discussion: The Project is located approximately 3,000 to 4,000 feet from the shoreline and is not anticipated to have any direct adverse impact on the shoreline resources. The overall Kailua-Kona Resort and urban center, however, does provide beneficial recreational opportunities, such as beach parks and public shoreline accesses for the general public. Housine 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. Discussion: As stated previously, the Project is intended to add to the Multiple Family Residential or Housing inventory for Seniors in a multiple family residential dwelling units setting in the Kailua-Kona area. This will allow the market to have a compatible housing supply of residential units. 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 interests shall identify sources of additional water supply to ensure the development of sufficient quantities of water for fiaure needs of high growth areas. -30- 4075533.1,055351-00001 County Environmental Report Pua'n Development LLC • 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 • Private wastewater treatment systems shall he installed by land developers for major resort and other developments along shorelines and sensitive higher inland areas, except where connection to nearby treatment facilities is feasible and compatible with the County's long-range plans, and in conformance with state and county requirements. Discussion: All utilities for the Project will be installed underground and constructed in accordance with State and County design standards and requirements. The wastewater from the Project will be connected via a sewer easement to the trunk lines within the Kuakini Highway to the Kealakehe Wastewater Treatment Plant. Recreation Coals • Provide a wide variety of recreational opportunities for the residents and visitors of the County. • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. Policy • Public access to the shoreline shall be provided in accordance with an adopted program of the County of'Hawaii. Discussion: The Project contains two passive recreational parks and a pavilion. The Kailua-Kona coastal resort area offers recreational opportunities such as boating and beach activities, that are available to guests, visitors and Hawaii Island residents. There are also State and County recreational facilities at the Old Airport area. 407»33.1.0»331-00001 County Environmental Report Pua'a Development LLC Land Use Goals • To maximize choices of single-family residential lots and/or housing for residents of the County. • To provide single family residential areas conveniently located to public and private services, shopping, other community activities and convenient access to employment centers. Discussion: The Project would be compatible with urbanization of this designated residential area by the Kona Regional and Kailua-Kona Master Plan and thus provides a continued choice of residential units in the area. The Kailua- Kona Resort is a major visitor destination and urban center area that has been carefully planned and programmed as a quality resort and residential community consisting of public and private services, shopping centers, and community facilities. 3.6 KONA REGIONAL PLAN The goals and policies of the Kona Regional Plan support the goals and policies listed in the County General Plan of encouraging the attainment of safe, sanitary and livable housing for the residents of the County of Hawaii. The Project is in concert with the Kona Regional Plan, which designates the Project site and surrounding lands for residential uses. This is consistent with the Urban District and RM -2.5 zoning classification being sought. 3.7 KAILUA VILLAGE MASTER PLAN The Kailua Village Master Plan adopted by the County Council as Resolution No. 374-96 states that "Therefore, be it resolved by the County Council of the County of Hawaii that the Master Plan for Kailua-Kona as prepared by R.M.. Towill Corporation dated April 1994 , be adopted a document to guide development and to assist community focus on implementation objectives, alternatives and planning concepts. The Kailua Village Master Plan Land Use map designates the area for Commercial -Residential Mixed Uses. Commercial -Residential Mixed 32_ .1075533.1.055351-00001 County Environmental Report Pua'a Development ILC uses is defined as "A combination of retail commercial and multi -family. For undeveloped properties, or in case of redevelopment, the residential element would be mandatory. Residential would be multi -family and consist of at least 50% of the site utilization. Inappropriate commercial uses include hotels, resorts, and automobile sales and services, and manufacturing. Guidelines for this category include: Uses may be multi -family residential only, but commercial use shall have residential uses on upper floors. No more than 50 percent of building area shall be commercial or office use." In Section 3.2 (E) on page 3-13 of the Kailua Village Master Plan, Multiple Family Residential is defined as "This encompasses residential uses in the higher density ranges, a top limit of 20 units per acre is proposed." The Applicant is requesting a change of zone to the Multiple Family Residential 2,500 s.f. (RM -2.5) zone district, which will be a density of 16.5 units per acre for the Property. This would be 3.5 units per acre below the top limit proposed for Multiple Family Residential development in this area. 3.8 COUNTY ZONING The Hawaii County 'Zoning Map for the North Kona District designates the Project site as Agricultural 5 -acre (A -5a). A change of zone from Agricultural 5 -acre (A -5a) to Multiple Family Residential - 2,500 s. f (RM -2.5) will be required to allow the development of the Project. Approval of a Change of Zone Application for the Project, supported by the County Environmental Report, will be required to allow the Project. The land to the south is primarily overgrown but there is an existing single family dwelling on the property zoned Agricultural 5 - acre (A -5a). The land to the north is the Pines I at Kailua Kona Single Family Residential development in the County's Multiple Family Residential 4,000 s.f (RM -4) zone district. The land to the southwest is the University of Nations development in the County's Multiple Family Residential - 4,000 s.f. (RM -4) zone district. 3.9 SPECIAL MANAGEMENT AREA The Property is not within the County's Special Management Area (SMA). 3.10 State CZMA - Pursuant to HRS, Chapter 205-2, the property is situated within the State's Coastal Zone Management Area (CZMA). The Property is located approximately 3,000 4075533.L05535t-00001 County Environmental Report Pua'a Development LLC feet or approximately 0.5 miles mauka of the shoreline and approximately 33,000 feet or approximately 6.25 miles from the mauka Forest Reserve Area. In addition, within the General Plan and the Kona Regional Plan, there are no identified recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazards and marine resources or other natural and environmental resources related to the Property. The Property is situated between Hualalai Road, a county roadway and the Hawaii Belt Road, a State highway in an area that is developed with single family residential subdivisions and multiple family residential developments. Being at this particular roadside 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. Therefore, the proposed Project is consistent with the objectives and policies of HRS Section 205-2. 4.0 ENVIRONMENTAL ASSESSMENT AND ANALYSIS 4.1 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY Development of the Project site 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 substantial short-term or long-term adverse impacts to the environment. While development of the property will remove the land from potential pasture 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 residential use will provide the benefit of enlarging the inventory of residential lands to this growing area. The Project will be supported by the necessary public facilities and services, 34- 1075533.1-055351-00001 County Environmental Report Pua'a Development LLC and development would proceed in a manner that is in compliance with the long-range State, County and community plans for the region. Development of the Project will also result in socio-economic benefits to the community. The construction work associated with the Project will provide short-term direct employment in the construction industry. Public revenues from personal and real property taxes are expected to more than offset the cost of the minimal expansion in the need for public services necessitated as a result of the Project. 4.2 MITIGATIVE MEASURES PROPOSED TO AVOID, MINIMIZE, RECTIFY, OR REDUCE IMPACTS. Two types of mitigation measures will be employed to ensure that potential adverse environmental impacts resulting from development of the Project are minimized. They can be characterized as generic and specific. Generic mitigation measures are standard actions aimed at reducing or eliminating impacts and which have already been institutionalized through County, State or Federal regulations, codes, laws 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 impacts. Generic mitigation measures are standard, accepted means that are appropriate for minimizing temporary or limited environmental impacts. Specific mitigation measures are generally recommended for actions that may have residual or long-term effects, 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 laws, ordinances, rules and regulations relating to environmental protection, health, safety, and construction rules • early construction of drainage features, where needed, such as berms -35- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC • immediate stabilization of any denuded areas through sodding or planting • 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 laws, ordinance, rules and regulations 4.3 ALTERNATIVES TO THE PROJECT 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. No Action Alternative The "no action" alternative will result in no physical change to the property and leave it in its current agricultural use. The land will remain unaltered and unimproved. This alternative will not allow the objectives of the subdivision to be achieved and would deny the public the socio- economic benefits associated with the Project. There is a growing demand for multiple family residential elderly friendly independent living facilities in the West Hawaii area, especially in the Kailua-Kona area where public services, shopping areas, and other types of convenience services for the elderly are available. No source of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. Alternative Use The current zoning for the property is Agriculture (A -5a). The Project site, based on its isolation, limited size and soil characteristics is, notably, not well suited for agricultural use. As described earlier, soil studies indicate that commercial agriculture on the Project site would not be economically feasible. Also, any other use of the Project site than the multiple family residential or independent living facility would not be compatible with the Kailua Village Master Plan. The Project site is 36- 4075533.1.055351-00001 County Environmental Report Pua'a Development LLC located in an area that will be complementary to the Kailua-Kona Resort and Urban center that has been master planned for residential development. The Project site will be developed adjacent to the existing Pines I at Kailua-Kona Planned Unit Development (PUD) single family residential development. In addition, vacant land adjoining the parcel is also designated for residential uses by the Hawaii County General Plan, the Kona Regional Plan and the Kailua Village Master Plan. Finally, leaving the Project area in agricultural use would deny the public the socio-economic benefits associated with the Project. Alternative Locations There are no other vacant or non -committed sites in Kailua-Kona that have the favorable site characteristics for residential development as the Project. The Project is adjacent to the existing Pines I at Kailua-Kona Planned Unit Development (PUD) single family residential development, and as such, would complement the residential development pattern in the area. Infrastructure to serve the property is already in place to the Project area boundary. 4.4 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES The Project would result in the irreversible and irretrievable commitment of certain natural and fiscal resources. Major resource commitments include the land on which the Project is located and on which the homes and roadways would be constructed, as well as the private funds, construction materials and manpower. They also include the energy, water resources, and other utility resources that will be committed to development of the Project. Existing vegetation will be removed from the Project area and partially replaced with typical landscape plants. The impacts of using these resources should be weighed against the expected socio-economic benefits to be derived from the Project and the consequences of taking no action or adopting another, less beneficial use of the property. 5.0 AGENCIES CONTACTED County • Planning Department • Department of Public Works 37 4075533.1.055351-00001 County Environmental Report Na'a Development LLC State Department of Water Supply Department of Land and Natural Resources, Land Management Division DLNR, State Historic Preservation Division Department of Health -38- 4075533.1.055351-00001 LINDA LINGLE GOVERNOR OF HAWAII ERIC HIRANO, ACTING DIRECTOR BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCES MANAGEMENT 11a� �� 03 STATE OF HAWAII DEP_ARnTMENT OTF LAND AND NATURAL RESOURCES ��'�,��1�1IL)LI-','RTPV1ENI TORIC PRESERVATION DIVISION CLNiV Lf" „`'�I,�r�11KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD 41WKAPOLEI, HAWAII W707 January 9,03 Mr. Christopher J. Yuen, Director Planning Department/County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 AQUATIC RESOURCES BOATING AND OCEAN RECREATION COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND STATE PARKS LOG NO: 31110 DOC NO: 0212MM05 SUBJECT: 6E-42 Review. County (Planning) State Land Use Boundary Amendment Application (SLU 02-012) Agriculture to Urban. Change of Zone Application (REZ 02-022) Proposed Agricultural (A -5a) to Multiple -Family Residential (RM -2.5) Applicant: Puaa Development, Land of Puaa 1st, North Kona District, Hawaii Island, TMK: (3) 7-5-010:061 This is in response to your request for comments on the proposed boundary amendment and change of zone of the subject parcel. We appreciate the opportunity to respond and hope our comments will be useful. We understand the applicant wishes to change the State Land Use boundary from Agriculture to Urban, and to rezone the property from Agricultural (Ag -5a) to Multiple Family Residential (RM 2.5). We confirm that Exhibit C is the archaeological inventory survey (Elmore et al, 2002) approved by our division in February 2002 (SHPD Log No. 29238, Doc. No. 0202PM25). Two significant sites (21760 and 21762) were identified with components recommended for both preservation and data recovery. We confirm that Exhibit D is the data recovery plan (Moore and Kennedy, 2002) approved by our division (Log No. 30892, Doc No. 0210PM02) in October 2002 for the non -burial components of Sites 21760 and 21762. We believe that approval of the application with conditions will mitigate any adverse effects of the reclassification and rezoning. Prior to any plan approvals following the reclassification and zoning, a Burial Treatment Plan must be approved so that interim and final preservation buffers can be surveyed and depicted on any future development plans. These preservation easements must also be recorded in the property deed. This condition will also facilitate the approval of grubbing and grading permits. EXHIBIT Second, data recovery excavations need to be completed and verified by our Kona staff archaeologist(s). Finally, a monitoring plan must be prepared and approved by our division prior to approval of grubbing or grading permits on the property. In summary, we recommend that the boundary amendment and rezoning be granted with the above mentioned conditions, which will mitigate any adverse effects on archaeological sites. If you have any questions regarding this matter, Hawaii Island Archaeologist at (808) 692-8029, Archaeologist at (808) 327-4341 Aloha, P. Holly McEldowney, Acting Administrator State Historic Preservation Division QVITSAWN please feel free to contact Dr. Pat McCoy, or MaryAnne Maigret, Assistant Hawaii Island DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ?Ofi3 ,P1 13 AM 9 6ATE:January 9, 2003 Memorandum PL'V,1PIIN(; PE!:'i1FTMENT r OJNi)' OF HFIAAII a TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief a Engineering Division SUBJECT Change of Zone Application (REZ 02-022 ) State Land Use Boundary Amendment (SLU 02-012) Applicant: Puaa Development Location: Pua'a V North Kona, HI TM K: 3 / 7-5-010:061 We reviewed the subject application and our comments are as follows: DRAINAGE All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 2. The applicant shall be informed that if they include drywells in the subject development, an Underground Injection Control (UIC) permit may be required from the Department of Health, State of Hawaii. 3. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with the approval of DPW. The Master Plan for Kailua- Kona, adopted by Council Resolution 371-96, proposes a storm sewer project through the subject property. The applicant shall address those recommended improvements. EARTHWORK All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 2. The applicant shall comply with chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. EXHIBIT G Memorandum to PD January 9, 2003 Page 2 of 2 ROADWAYS All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. All sight distances shall meet the requirements of the Hawaii Statewide Uniform Design Manual or the AASHTO Standards. 2. Hualalai Road, the County road serving the subject property, is a collector road. It has an approximate 20 -ft. wide pavement in fair condition within an approximate 40 -ft. right-of-way. It is substandard based on width, alignment and roadside hazard clearances. Hualalai Road, shall be improved to collector standard in a 60 - ft. right-of-way according to the County's General Plan. The applicant shall provide full improvements to the entire frontage along Hualalai Road and necessary transitions. Improvements shall consist of realignment, pavement widening, concrete curb gutter and sidewalk, pavement transitions, clear zones, drainage improvements, street lights, signs and markings and any necessary relocation of utilities; meeting with the approval of the DPW. The applicant shall construct all improvements and dedicate them to the County. 3. Fair share contributions should be targeted for regional improvements such channelization and extension of Nani Kailua Drive and sidewalks on Hualalai Road. TRAFFIC According to the TIAR, dated September 7, 2001, "no mitigating actions are required because of the project." The TIAR is very limited in scope. The trip generation factors are not based on the "highest and best" use. The Traffic Forecast does not account for the recent increase in development both in progress and planned for the vicinity. The Nani Kailua Drive/Queen Kaahumanu Highway and Hualalai Road/Kuakini Highway Intersections should also be included in the study. An corrected study should be submitted and, if warranted, a left turn storage lane to the project from Hualalai Road should be provided with the project. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA 9, Harry Kim Mayor q rr of •N>� Couutp of'WaWai`f FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, HawaN 96720 ':"s•.. (808) 961-8297 • Fax (808) 961-8296 November 14, 2002 TO : CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Chief SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 02-012) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 02-022) REQUEST: AGRICULTURAL (A -5a) TO MULTIPLE -FAMILY RESIDENTIAL (RM -2.5) APPLICANT: PUAA DEVELOPMENT, INC. TAX MAP KEY: 7-5-010:061 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. "EXCEPTIONS: 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). p,\1 COL =y< EXHIBIT FRES Christopher J. Yuen Page 2 November 14, 2002 "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) Width. 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) Turning 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. "(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. Christopher J. Yuen Page 3 November 14, 2002 "o) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of 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: "(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." (1401-0-4- RK:lk CARLSMITH BALL LLP A Lim ITED LIA61UTy LAW PART NEKSHIP 1p3 N 15 Pi I4105 1H NRy STREET, SUITE 209 PLP,�!Mb'h, r- ,%!. TMEN$.O.Box 1720 (J_fCXH.I ALKONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 WWW.CAKLSM ITH.COM DIRECT DIAL NO. (808) 935-6644 January 13, 2003 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, HI 96720 ATTENTION: ALICE KAWAHA -"'P„ ", ":"° :)JAt1 � 3 2003 PLANNING DEPARTMEN ,F unfy Of Hawaii y -?'Eli ik.4 31 ILi!"l Ff°y, s; ill,la- crrt<, Hl 96?4n Re: Applicant's Response to Police Department Fire Department and Office of Housing and Community Development comments State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Pua'a Development LLC Owner: Pua'a Development LLC Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5). Proposal: Development of a Multiple Family Residential Project consisting of approximately 144 to 160 units and related improvements Tax Map Key: 7-5-010: 061 Dear Chairperson Giffen & Mr. Yuen: We have enclosed the Applicant's response to the above -referenced agencies comments for your information: Police Department Memorandum Dated November 26, 2002: Applicant's Response: With all due respect to the Police Department's comments on the proposed development, the Applicant has reviewed the above -referenced comments and would like to respond with the following: EXHIBIT HONBIL➢ KAPOLLI - IJIM Koren MAw GUAM - SAIPAN /'los ANcn[. WAFVNCTON, DC MEXICO Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 13, 2003 Page 2 The Applicant has been working with the Department of Public Works, Engineering Division and has tentatively agreed to the realignment of the Hualalai Road fronting the subject property. In addition, curb, gutter and sidewalk improvements will also be installed along the property frontage along this portion of Hualalai Road. We will confer with the Department of Public Works, Engineering Division with respect to the left turn lane and if required, it shall be provided. With these improvements, the traffic to be generated by the proposed development should not significantly impact upon Hualalai Road. Assuming that the subject property is properly zoned for the proposed independent living multiple family residential development, the anticipated traffic to be generated would be much less than what a typical Multiple Family Residential development would create. The Applicant understands the Police Department concerns related to the movement of vehicular traffic along Hualalai Road between Kuakim Highway and the Queen Kaahumanu Highway, however, Nani Kailua Drive also serves as an alternate route which leads to a signalized intersection to control the vehicular traffic in this area. In addition, the Department of Public Works in their review of the proposed development did not have any objections or negative comments with respect to the additional traffic to be generated based on the proposed independent living multiple family residential development. Therefore, we would urge that the Planning Commission take these matters under consideration and support the proposed development. Office of Housing and Community Development memorandum dated November 18, 2002: The Applicant has reviewed the above -referenced comments and intends to work with the staff of the Office of Housing and Community Development and the County Council's Housing Agency to comply with the applicable requirements of Chapter 11, Housing of the Hawaii County Code. Department of Fire Department Memorandum of November 14 2002: The Applicant has reviewed the above -referenced comments and intends to comply with all applicable requirements of the Fire Department related to the proposed Independent Living Multiple Family Residential development. 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. Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 13, 2003 Page 3 Should you have any questions, please call me. Very y urs, i 01 Ste en S.C. Lim SSL:rhy 4098565.1.055351-00001 cc: Police Department Fire Department Office of Housing and Community Development Pua'a Development LLC PL,1NN!t,1C1 Cr_(iiY; t_fVll coinv] i Ci i :AL ,',,':'.`.rl CARLSMITH BALL LLP te,oulnry 01 Fiawaii s `-� A LIMITED LIABILITY LAW PARTNrRSEIIP �i06i l�.LjakInl Hwy. #i(3.K:aiiva Kc)na H1 96740 75-1000 HENRY STREEI, SUITE 209 P.O. BOX 1720 KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 W W\V.CARLSMITFI.COM January 22, 2003 Mrs. Geraldine M. Giffin, Chairperson County of Hawaii, Planning Commission. Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 ATTENTION: ALICE KAWAHA Re: ADDlicant's Response to Department of Public Works comments State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Pua'a Development LLC Owner: Pua'a Development LLC Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5). Proposal: Development of a Multiple Family Residential Project consisting of approximately 144 to 160 units and related improvements Tax Map Key: 7-5-010: 061 Dear Chairperson Giffen & Mr. Yuen: We have enclosed the Applicant's response to the above -referenced agencies comments for your information: Department of Public Works Memorandum Dated January 9, 2003: Applicant's Response: As noted in our County Environmental Report for the above -referenced applications and proposed development, all development generated runoff shall be disposed of on-site. The subject property is in Zone X by the Department of Public Works, as shown on FIRM Map Panel No 713D. HONowtu - KAf'oLu HILo - KONA - MAtEXFUSITIPAN - LOS ANuaL - WASHINGTON, DC MFXICo Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 22, 2003 Page 2 The Applicant will also comply with all other applicable requirements related to Drainage with regard to the applicable County, State and Federal requirements. The applicant's response to comment no. 3 under Drainage, related to the Master Plan for Kailua-Kona, adopted by the County Council as Resolution No. 371-96, is that there are no planned or existing drainage systems below or makai of the subject property to which a storm sewer project could connect to. Therefore, there should be no requirement for the installation of a storm sewer project through the property. It should be noted that on August 14, 2002, the County Council approved Change of Zone Ordinance No. 02-101 for U of N Bencorp, Draft 3 with an effective date of August 28, 2002 (copy enclosed, See Exhibit A). This property also within the Kailua Village Special District is approximately 1,200 feet south of the our Applicant's property on the makai side of Hualalai Road. The Master Plan for Kailua-Kona adopted by County Council Resolution No. 371-96 also proposed a retention basin on the U of N Bencorp property. In assessing the situation, the County Council adopted the amended Draft 3 of Change of Zone Ordinance No. 02-101, Condition No. G to read (new language underlined and deleted language bracketed) "If required by the Director of Public Works, a drainage study of the project site and immediately surrounding area [,including an assessment of a proposed storm sewer to be located within project site as recommended by The Master Plan for Kailua-Kona] shall be [conducted by the applicant and approved by the Department of Public Works.] provided prior to the [submittal of plans for] issuance of Final Plan Approval. Drainage improvements within the project site, if required shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy [for any portion of multiple family residential project.]. ■ (See enclosed County Council Agenda of July 31, 2002, on pages 7 & 8, for Bill 242 Draft 2 and County Council Agenda of August 14, 2002 on pages 9 & 10 for Bill 242, Draft 3 for the above amend ment)(Exhibit B) Condition G of Change of Zone Ordinance No. 02-101 as amended now reads as follows: "If required by Director of Public Works, a drainage study of the project site and immediately surrounding area shall be provided prior to the issuance of Final Plan Approval. Drainage improvements within the project site, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy." Mrs. Geraldine M. Giffm, Chairperson Mr. Christopher J. Yuen, Planning Director January 22, 2003 Page 3 As such, we would request that the same condition be recommended by the Planning Director to the Planning Commission. It's obvious that without a drainage study that the actual required improvements cannot be determined by the Department of Public Works. The Department of Public Works also has not approved or even prepared plans for condemnation of the Applicant's property or the U of N Bencorp property for the proposed retention basins, nor could they determine that the retention basins are actually required at this particular location. Moreover, since the adoption of the Master Plan for Kailua-Kona, which was adopted by Resolution over 7 years ago, the Department of Public Works still has not prepared a drainage plan or even notified the Applicant as to whether or not this proposed drainage system planned for the subject property is in the proper place and whether or not it will be acquired by the County or is being considered for condemnation for this particular purpose. Since the Department of Public Works has not made any attempts for any of the above actions, we can only conclude that this proposal within, The Master Plan for Kailua-Kona, is an important issue which has not had any public input or evaluation by their office at this particular location. Despite this, our Applicant would be willing to work with their office, in preparing a Drainage Study and install the applicable improvements such as has will be required of the U of N Bencorp, Change of Zone Ordinance No. 02-101. We believe that the existing culverts for the existing drainage system are sufficient at their location further south of the subject property, as confirmed with Ki Emler of the West Hawaii office of the Department of Public Works, Engineering Division. All earthwork shall also comply with the Chapter 10 of the Hawaii County Code, including Chapter 11-55 of the Department of Health. The Applicant has been working with the Department of Public Works, Engineering Division and has tentatively agreed to the realignment of the Hualalai Road fronting the subject property. In addition, curb, gutter and sidewalk improvements will also be installed along the property frontage for this portion of Hualalai Road. Assuming that the subject property is properly zoned for the proposed independent living multiple family residential development, the anticipated traffic to be generated would be much less than what a typical Multiple Family Residential development would create. The Applicant understands the Department of Public Works, concerns related to the movement of vehicular traffic along Hualalai Road between Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 22, 2003 Page 4 Kuakini Highway and the Queen Kaahumanu Highway, however, Nani Kailua Drive also serves as an alternate route which leads to a signalized intersection to control the vehicular traffic in this area. In any change of zone applications, the appurtenant documents such as the traffic study are always subject to change because it is only one component which must be considered in any type of development of this size. As such, the Applicant is agreeable to update the traffic study and work with the Department of Public Works, and if warranted will provide the left hand storage lane on Hualalai Road at the Project's entrance. In addition, the Department of Public Works in their review of the proposed development did not have any objections or negative comments with respect to the additional traffic to be generated based on the proposed independent living multiple family residential development. Therefore, we would urge that the Planning Commission take these matters under consideration and support the Applicant's proposed development in a similar manner as it did for the U of N Bencorp, State Land Use District Boundary Amendment and Change of Zone Applications. We hope that this response adequately addresses the issues commented by the above -referenced agency and look forward to your support for the above -referenced project. Should you have any questions, please call me. Very truly yours, teven S.CILi �'Cr SSL:rhy 4099165.1,055351-00001 Enclosures: cc: Department of Public Works Pua'a Development LLC CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP �J�3 ,1Pp41 27 Rel 10 33 PLAI"!NV(, DF�"'i' ThMIFINf5-I000 HENRY STREET, SUITE 209 C)f ,:_,A A.�riil P.O. Box 1720 AL KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 W W W.CAP,LSMITH.COM January 23, 2003 Mrs. Geraldine M. Giffin, Chairperson County of Hawaii, Planning Commission. Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 ATTENTION: ALICE KAWAHA PLANNING.- 0EP1_., ice 1"�3�{� I.., ()unty Of Hawaii 75-5706 IKoakini Ht Kaiiva-Kona. M g 40�c 7013 Re: Applicant's Response to Department of Land and Natural Resources - Historic Preservation Division comments State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Pua'a Development LLC Owner: Pua'a Development LLC Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5). Proposal: Development of a Multiple Family Residential Project consisting of approximately 144 to 160 units and related improvements Tax Map Key: 7-5-010: 061 Dear Chairperson Giffen & Mr. Yuen: We have enclosed the Applicant's response to the above -referenced agencies comments for your information: Department of Land and Natural Resources, Historic Preservation Division, Memorandum Dated Januar, 2003: Applicant's Response: As noted in our County Environmental Report, the Applicant will comply with all other applicable requirements as noted in the DLNR-HPD's comments on the above -referenced property. IONoww - KARM 11 - Hao KONA M1E A (H16 1 TSAIv,,N V Los ANGHES - WASHINGTON, DC MEN ICO Mrs. Geraldine M. Giffin, Chairperson Mr. Christopher J. Yuen, Planning Director January 23, 2003 Page 2 The Applicant has submitted the Burial Treatment Plan to the Hawaii Island Burial Council and the plan has been placed on their agenda, but has not been acted on as of this date. When the Hawaii Island Burial Council makes a decision on the Burial Treatment Plan, the Applicant intends to abide by its decision and will also send a copy of their decision to the Planning Director and Planning Commission for their information. The Applicant will not apply for nor do any land altering activities until all issues related to the archaeological issues have been addressed. The Applicant will notify the DLNR-HPD when the data recovery excavations are completed and will prepare and submit a monitoring plan prior to any application for grading or grubbing permits on the above -referenced property. The Applicant has been diligently working with the staff of the DLNR- HPD with regard to the archaeological issues on the above -referenced property and is appreciative of the support from the DLNR-HPD of both the above -referenced State Land Use District Boundary Amendment and Change of Zone Applications. We hope that this response adequately addresses the issues commented by the above -referenced agency and look forward to your support for the above -referenced project. Should you have any questions, please call me. Very truly yours, Steve SSL:rhy 40992521,05 535 1-00001 cc: DLNR-HPD Pua'a Development LLC .f:NNi1* G 4il_l3AV?'r',MEPg--. CARLSMITH BALL LLP -5-5706 asi A LIMITED LIABILITY LAW ma-Koliu PARTNERSHIP 2 Hf �t %40 RECEIVED JAN 2 S 2003 :? a 3 Q Af0 9 19 i...3 �� 75-1000 HENRY STREET, SUITE 209 pL,'�NI •IIN1�, DEf'AP i i,nENT P.O. BOX 1720 GuUN l Y OF KAILUA-KONA, HAWAII 96745-1720 TELEPHONE (808) 329-6464 FAX (808) 329-9450 AL W W W.CARLSMITH.COM January 28, 2003 Mr. Fred Galdones, Chairperson County of Hawaii, Planning Commission. Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 ATTENTION: ALICE KAWAHA Re: Applicant's Response to Department of Water Supply comments State Land Use District Boundary Amendment Application Change of Zone Application Applicant: Pua'a Development LLC Owner: Pua'a Development LLC Agent: Steven S.C. Lim, Esq., Carlsmith Ball LLP Request: State Land Use Designation from "Agricultural" to "Urban" Change of Zone from "Agricultural 5 -acre" (A -5a) to Multiple Family Residential - 2,500 square feet (RM -2.5). Proposal: Development of a Multiple Family Residential Project consisting of approximately 144 to 160 units and related improvements Tax Map Key: 7-5-010: 061 Dear Chairperson Galdones & Mr. Yuen: We have enclosed the Applicant's response to the above -referenced agencies comments for your information: Department of Water Supply Memorandum Dated December 23, 2002: Applicant's Response: Our civil engineer, Bruce Witcher, for the project has been in contact with the Department of Water Supply on this particular issue. He and the Applicant and will work together with the Department of Water Supply in complying with their requirements for the water commitments needed for the above -referenced project. HONOLULU - KAPOLLI HILO ;BONA - MAW CIIAM E SAIPAN � LOS S NCRES - WASHINGTON, DC. MEXICO H Mr. Fred Galdones, Chairperson Mr. Christopher J. Yuen, Planning Director January 28, 2003 Page 2 We hope that this response adequately addresses the issues commented by the above -referenced agency and look forward to your support for the above -referenced project. Should you have any questions, please call me. Y urs, /04 Steven S.C. Lim SSL:rhy 4099398.1.055351-00001 cc: Planning Dept. West Hawaii office Department of Water Supply Pua'a Development LLC oluluadverti se r.com/b usi ncss Shuttle �; probe to look IN at -ms 'En ,mel Boeing, Lockheed operate program for space agency Ad - led ,hat Ban rear ull and rete clay the fil the din still urs - ling of fed- for - dots war As - 200 ,due ;era the :ant ex- up - War ata - last ns I® an - am cars mal apt- r. rine :ars A .m- am - July ac- t ar- ble By Byron Ikohida USA Too.., Space shuttle managers Boeing Co. and Lockheed Martin Corp. face intense scndiny in coming weeks as investigators try to assess whether the aerospace gi- ents played a part in the Co- lumbo disaster. The companies make up the United Space Alliance, a 7 -year-old commercial part- nership responsible for day - today maintenance and op- eration of the space shuttle prugmtn. NASA has paid the Houston-based alliance mom than $7 billion to date. As government contracts go, they've had fairly good succei5,"says Brian Chase of the National Space Society, a group that promotes space exploration. "They've been able to keep cost overruns down and yet be very safe and reliable" The alliance began N 1996 as the National Aeronsions and Space Administration sought less costly ways to manage dozens of compa- nies supplying equipment and services via separate contracts to the shuttle pre, green. It turned the job over to a partnership formed by Rockwell, which built the or. barr, and Lockheed, which supplies the main fuel tank Boeing acquired Rockwell International in early 1997. since then, Boeing and Lockheed have managed suppliers who handle every- thing from crew training to rocket boosters to cargo loading. NASA provides oversight at key stages. However, NASA has come Sea SHUTTLE, C4 WAu SrnErrlooanet In recent years, McDon- ald's Corp. has puzzled over how to expand beyond two core markets, young men and children. But new it E facing a big- ger problem: the loss of some of its kids' business. MONDAY - FEBRUARY 3, 2003 COINING THIS WEEK LEADERSHIP CORNER Tomorrow: Today's technology, -. Wednesday: Small business ON THF ROAD Thursday: Personal finance Friday: Real estate TRADEWINDS Business editor. Sandra Oshiro - 525-806 Au Choosing a senior -living project Assisted living com munihes are designed to fill the needs of seniors who may re. quire rtrore help Nan Tay can gel with ince, pendent liking. Choosing the right community can be a complex decision, antl, given the failures of same projects. It Is .as to ne informed. One msoume is'Con- sumer Reports Cam plate Guide to Health Servbos for settlors' by Trudy Lieberman and Ne edimrs of Con somer Reports. The book can be ordered at (800) 5009760. Among the authors' recommendations ba fore deciding on an as, sistedInning opdon: su Take a serious look M me senior s finer, tiala uation end me Wasmilm mat month- ty charges can IM1 crease wire his or her frailty. > Fully understand what the facility's lire its are. If more care Is needed, can me seer, for or his or her family affod me cost? > Consider the all Gary afraid. provided and whether the staff is caring and con cemed. Nick Vero, a resident of the Hawal'i Nal Retirement Community, climbs the lobby staircase in the project's Phase II with manager Marilyn Cintron, who also lives on the property. occ, . acro a GREGORY YNAMoto. The Honolulu onuera n onci ,urerylm-r- Upcoming senior living projects Include, from left: Kahala Nui, which is expected to open in 2005; Naluanui, which is under construction in Haded'i Kai; and The Plaza at Punchbowl, scheduled to be built by December. Meal business say the de- cline has been 6 percent to 7 percent over the past two years combined, and some McDonald's franchisees say that that is consistent with their experience. The Happy Meal — which consists of an entree (ham- bor. .Lea... ..ren. nr 'MUT, W D t 1 annual revenue, acarding to McDonald's. It also gener- ates sales from the adult who buys a child a Happy Meal. Some restaurants report that average orders with Happy Meals are 50 percent higher than those without Happy Meal'. m., ...n...ene..�.n ala:.. gave McDonald's a domi. rant share of the fast-food market for kids, which re - matrix an insignificant busi- ness for competitors such as Wendy's International Inc. and Yum Brands Inc, parent of Pizza He, HFC and Tam Bel. Even Burger King Corp. McDonald's U.S. marketing chief. "We continue to be the leader, but the gap we had with our competitors is not i s wide He it was Is few yeas ago" To that end McDonald's is exploring a novel concept. A key attraction of the Happy Hotel -level care, service! are offered By And. Comes ApvEmaR STnn WRITER As sales and develupmer of homes boom in Hawaii, placei miniboom H ted a place in a niche aimed e housing seniors looking for simple housing that offers tions in comiarandcareoptions in NRYn so-called ". Four so-called •senior By irg" projects with about 70 units forpurcha eor rentar under construction on O'am al a cost of $230 million Six more projects, includ i g a massive MO -cant retire trent campus in Kapolet arm two smaller projects on the Neighbor Islands, are in the permitting or planning stages. The dramatic pickup it senior -living projects will mare a long -overdue dent in an overwhelming need and generate momentum for a largely nonprofit industry that has had a slow and rocky start in Hawaii, ac. cording to experts on Hawaii s aging population. The minket just seems to be unfolding," said Jon Tap - net, an executive with The Fountains, a large senior - housing operator on the Mainland that irsidally man- aged Howell's fust assisted - living metal project six years ago and is managing one project under mnstmchon. Mike Kkir: founder of the nonprofit Hawaii Inte eder- ational Community Develop GROW Association, agreed. "It is now starting to open up. We are very behind sched- We.... We need every one of these facilities and a lot mac." The projects in develop - mem provide a range of Irv- ing options— from rentals to fee -simple ownership, ab fordable to luxury price ranges, and care levels Irom independent living to See SENIOR HOUSING, C3 we're looking at," says Lamar. "Mom is a very, very important customer for us." Flagging Happy Meal sales may also be a resat of parents' focus an healthy eating following publicity about rising child -obesity rates. In response, MCDom • Tetl®e[IahtimLLae ManEry, FeOrvary 3, 2CO] • Cl Senior h sing: 10 projects plann( ihpM PAGE c] names w.aelamm r. da- Sa 9arim NoluOy milOWe Wide range of prices, care offered Sa[b/WW mW d nowavn well m.".. 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N 'b.oWwkn ulRweng.—alloand -MNewforca M[babgeriWleer[uaw .1Mrtla ebllwww b pmp alt, W e1M vel pnse No m a. 'bloat developers wmY Mee eM Hone tw ga gumma qal• TredtlaW aeal'ulWh aw I - ]Ile He NInnO YI Ne am fb MM Hotel Ino 185l mm he41g wlwnted Into deg leslmpb unit] br senbm. WYWrANewf]MrsY¢wna @mnoxanmeawe®.aom o, s]s we Nobody likes lO deal whh IM papenuwh Incl comes with running a businessfiat's why AL] ES offers Me Workforce pragran�s lime and money-saWng anlufwn la hung and adminlsle]Ing the peome you already have. We can We reduce wmeMi comp cools, mitigate year nsk, end improve your Iwnom te. W wonder we're Me leering coop., outsourced human ecomecas'n Htwmu Call AURES for a Ire" coneullal m Inday WIAi°�i3t6a. ar,E,raywwm em..l wOPNfeRCE Boe59109aa aM1.ss.acw � t ......#Y�,y. .. ..... ,.ter _�' iLNa4;i 1 Z MMrry I oiy Td"i, � Ul tri � GO y✓Td � � nG i. �p ��, P nd nr^ 4,i it p �1 4 11 18 ))IW I jJf+a,"1 pp° � q rA Y �laj�j�a�_t x c, I • ,� o4444 t ;!, t } � bo : Jn' " O 1'i o •., " � "�. 115 -IT 1� tlN• r' "' - 1�1t4i��llj� � ra dvv � L q ° i • � y N I(I o A %:eS D A jAa I J � x • " u,a + � y \ to m t ••ro> �Qd4i b Y oc a. BENJAMIN J. CAYETANO GOVERNOR OF HAWAII October 8, 2002 S� STATE OF HAWAII l<. GILBERT S. COLOMA.AOARAN, CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCES MANAGEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING. ROOM SSS W1 KAMOKILA BOULEVARD "POLE]. HAWAII GCTOI Mr. James Moore Archaeological Consultants of the Pacific, Inc. 59-624 Pupukea Road Haleiwa, Hawaii 96712 Dear Mr. Moore: DEPUTIES ERIC T. HIRANO UNNEL NISHI ICA AQUATIC RESOURCES BOATING AND OCEAN RECREATION COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND STATE PARKS LOG NO: 30892 `� DOC NO: 021 OPM02 SUBJECT: Revised Plan: "An Archaeological Data Recovery Plan for a Property Located at TMK: 7-5-10:61 in Kailua, Pua'a 1'YAhupua'a, North Kona District, Island of Hawaii" (Moore and Kennedy, 2002) TMK: (3) 7-5-10:61 Thank you for your letter of July 1, 2002 and copy of the above referenced plan for our final review and approval. Some minor changes in the plan were made to respond to comments in our review letter of April 17, 2002 (Log No. 29663; Doc. No. 0204PM10). We apologize for our late response and any inconvenience this may have caused you and your client. In our review letter of April 17, 2002 we suggested that Site 21762, a refuge cave with human remains, be removed from data recovery. The revised plan indicates that the recommended treatment for Site 21762 has been changed from data recovery to preservation. The plan now meets with our approval. Data recovery investigations in the subject parcel will be limited to Site 21760, an agricultural/habitation complex. Prior to completing the fieldwork portion of the project would you please contact our assistant Hawaii Island archaeologist, MaryAnne Maigret, to discuss the possibility of an inspection of the completed excavations. Aloha, �- - --^ DON HIB ARD, Administrator State Historic Preservation Division c. Chris Yuen, Hawaii County Planning Department Kamanao Mills, Burial Sites Program PM:ak Table of Contents Section 1: Introduction Figure 1: Project Location on a Map of Hawai`i............................................................................2 Section2: Physical Setting...........................................................................................................3 Figure 2: Location of the Subject Property on a U.S.G.S. Topographic Map................................4 Figure 3: Location of the Subject Property on a TMK Map ......................... ..... ............................ 5 Section3: Site Description............................................................................................ ...............6 Figure 4: Archaeological Feature Location Map (Upper Portion of the Subject Property) ............ 7 Table 1: Summary of Features, Site 21760..................................................................................8 Figure 5: Top Plan of Feature 21760:3... .... ................................................................ .................. 9 Figure 6: Top Plan of Feature 21760:5.................................................................... .............11 Figure 7: Top Plan of Features 21760:43 & 21760:44.................................................................15 Figure 8: Top Plan of Feature 21760:46.......................................................................................17 Section4: Research Design........................................................................................................19 Section 5: The Methodology of Data Recovery...........................................................................20 Conclusion............................................................................................................................. _.....22 ReferencesCited ............ .......... ....................................... ................ ..... _...................................... ..23 An Archaeological Data Recovery Plan for a Property Located at TMK: 7-5-10:61, Pua`a 1St Ahupua`a, North Kona District, Island of Hawaii Section 1: Introduction At the request of Mr. Brian Cook, the property owner, Archaeological Consultants of the Pacific, Inc. (ACP) has prepared this Data Recovery Plan for a property located at TMK: 7-5- 10:61, in the ahupua'a of Pua`a I", district of North Kona, on the island of Hawaii (see Figure 1). Previous archaeological investigations conducted on the subject parcel have identified properties significant to the interests of historic preservation. Because it was determined that proposed development of the subject property would have an "adverse effect" on these significant historic properties, Data Recovery was recommended. In .Tune of 1999, ACP conducted an Archaeological Inventory Survey of the current subject property. Those investigations identified five previously unidentified archaeological sites (Sites 50-10-28-21760, 21761, 21762, 21763 & 23272; please note that in the remainder of this document only the 5 digit individual site numbers will be cited)(Elmore, Bollt & Kennedy 2002). Site 21760 was found to consist of an extensive agricultural/habitation complex covering close to half of the subject property. One episode of utilization at Site 21760 was determined to date to a most probable age range of AD 1186-1442 at la. A small agricultural site (Site 21761) was also documented which may date to either the pre -Contact and/or post -Contact periods. A refuge cave (Site 21762) was recorded which likely dates to the late pre -Contact and/or the early post -Contact periods. Site 21763 was found to consist of a long, well constructed stone wall which likely dates to the post -Contact period. Site 23272 was found to consist of a stone wall less formally constructed than 21763 and likely dating to the pre -Contact period. Previous investigations have recovered sufficient information regarding Sites 21761, 21763 and 23272 such that they have been determined to be "No Longer Significant" (refer to Elmore el al. 2002). Site 21760 was determined to be significant for its information content and was recommended for Data Recovery. Site 21762 was determined to be significant for its information content as well as for its cultural value and was recommended for preservation. This plan presents the details of the proposed Data Recovery at Site 21760. The acceptance and implementation of this plan as well as the production of an approved Data Recovery Report will help mitigate the "adverse effect" proposed developments will have on the historic properties present. Figure l: Project Location on a Map of Hawaii oa a� HAWAIIAN �pV ISLANDS Upolu Point X WAUO North Kohala }^ South Kohala % % �Nonh �`•\ Hamakua r Hilo E Hilo Bay North Kona /� S outh Hilo _ ,•.t ,\ // Cape Puna Kumukahi South Kana j • / • C� Kau 1 f H AWAI I 0 5 10 20 30 Scale in Miles Present District Boundaries Are Depicted Ka Lae N �t 1� KamV DRP TMK: 7-5-10:61 Alter: apil s mu ma a Lyon Section 2: Physical Setting The current subject property is located at geographic grid coordinates 155° 58' 55"W by 190 38'05"N, and at UTM (Universal Transverse Mercator) coordinates 187500mE by 2173800mN. The subject property ranges in elevation from 234 to 342 feet AMSL (above mean sea level) and is located approximately 857 meters (m) from the coastline (see Figure 2). The subject property is located in the ahupua'a of Pua`a I", North Kona District, Island of Hawaii, within the kula sub -zone (0 to 500ft AMSL) of the Kona Field System. The project area measures approximately 403,540ft2 (9.3 acres) and is bordered by Hualalai Road to the southwest, the ahupua `a of Pua`a 2nd to the south, "The Pines" (ahupua'a of Auhaukea`e 2"d) Subdivision to the north, and Queen Ka`ahumanu Highway and its Right -of -Way to the east (see Figure 3). The terrain across the subject property consists of between 6 and 12% slopes, sloping east to west towards the ocean. Sato et al. describe the soils within the project area as Waiaha extremely stony silt loam (Sato, Ikeda, Paeth, Smythe & Takehiro 1973:Sheet 85). Soils actually encountered during inventory investigations conformed well with those expected to be present. Located in a dry leeward climate, rainfall on the subject property averages between 30 and 40 inches a year and the mean annual temperature is approximately 75° Fahrenheit (Armstrong 1973). Vegetation on the subject property consists of moderately dense stands of haole koa (Leucaena glauca) interspersed with individual kiawe (Prosopis pallida) and monkey pod (Samanea samen) trees. Ground cover consists of a variety of exotic grasses and vines including California grass (Bracharia mutica) and elephant grass (Pennisetum purpureum) as well as liliko'i (Passiflora sp.). Vegetation is moderate to dense with the most dense area located in the central portion of the property. A bulldozed swath was observed along the northern border of the property with push piles of stone and dead vegetation along the southern edge of the swath. KarnV DRP TMK: 7-5-10:61 Source: us.t,.a. i.:)-minute genus kr upugiapul� rviap . VIgure 3: i.DGauuu UL Lttc DuuJcu rIUPCILy vu a iivin IVIUP A� oN-4 a eGO Ac. 'Y DK'ONA ; - SUB'iJ C i A PLA ip .,A yo c,/,4 'Nj lh A Miae;on Inc. y eVel- nq lne, 4 b • G S, ^>37 Ae �f4. //o Ac. A N 7 - •rayo yaws;; �,,�f�. ' � ,. TfIE' P'/N65 AT KA/LUA-KONq,7C" ' N Accesf F r�urd.wcvx r'wreirEavcw.ae Po� cu--Arwna ,. esr. n:4raoO* �j O il.GGdgG� Foch cuy y s? O � T�iyo Narvai; Ca., atd• 'aysow -- 90 A /o �� POLE ,, d 'TNE P/NE9 AT ' /iHLNO,Q ��F,a,r y.• Ll KR/4UA-Ko HA .S" .� � � L !3o ya• er o, oy qct �7 � . Greenjye//`56 /3. 755 A-cs. 57 Cl2. I5/ Acs.) 58� 'r" �s fa �`e y Kame/+amp}ra /r+vesffs.ant Corp. a eGO Ac. • rP-1 I .,A yo c,/,4 'Nj lh A Miae;on Inc. y eVel- nq lne, 4 b • G S, ^>37 Ae �f4. //o Ac. A N 7 - so N O4414.3f-M J �-• '� E KA�6`0. �8c � C/3. Gob Ac) 0 50 loom A i N mV DRY 'CMK: - -lU:bl ouui�u. Ian Inapb Duwau upuawu c Section 3: Site Description Five sites were identified on the current subject property during Inventory Survey investigations (Sites 21760, 21761, 21762, 21763 & 23272). Sites identified consisted of an extensive agricultural/habitation complex (Site 21760), a small agricultural site (Site 21761), a refuge cave (Site 21762), and two long stone walls (Sites 21763 & 23272). Three of these (Sites 21761, 21763 & 23272) have been thoroughly documented during the previous archaeological investigation while one site (Site 21762) was documented and recommended for preservation (Elmore et al. 2002). Because no further work has been recommended for these historic properties at this time, the reader is referred to that document for their site descriptions. Data Recovery has been recommended for Site 21760 which will be briefly described below (refer to Elmore et al. 2002 for the complete site description). Site 21760 Site 21760 consists of an extensive agricultural/habitation complex covering an area of measuring approximately 170m in length by 140m in width (5.9 acres)(see Figure 4). Fifty component features were identified at this site including platforms, terraces, caves, enclosures, modified outcrops, mounds, low walls and rubble concentrations (refer to Table 1). Stone mounds, low stone walls and alignments, modified outcrops and a small terrace make up 32 of the 50 features identified. Each of these structures was of simple construction and believed to have been utilized in association with agricultural activities. The remaining 18 features (described below) consisted of larger and more formally constructed structures and complexes, a number of which yielded culturally deposited materials during Inventory Survey investigations. Feature 21760:1 This feature is a small platform located near the center of Site 21760 to the northwest of Feature 21760:23 (see Figure 4). The platform is relatively well constructed measuring 5.25m in length by 4.5m in width and standing 70cm above ground level (AGL). Subsurface testing identified an ashy subfeature (21760:1 a) and recovered small amounts of faunal remains. The identification and recovery of these materials was believed to indicate that Feature 21760:1 had likely been utilized as a temporary habitation. Feature 21760:3 Feature 21760:3 is a platfonn/cave complex with multiple components located towards the northern corner of the site (see Figwe 4). The main component of the complex is a platform located on the southern side of the feature (see Figure 5). This platform is roughly rectangular having with three circular depressions on its surface. A cave opening is located along the northern edge of the platform. This cave extends approximately 25m to the northeast and was explored to termination. Two additional components, a second smaller platform and a flat- tlea6elw abNl � TrPNOs' 6ub01NSI0n Figure 4: Archaeological Feature Location Map (UDDer Portion of Subject Property) 'p K W ' Faa2176q:Y a 1116 wMON. �ftv Tweesn .Fea 2tJ60H '" modJiee ou aM IR - - V venae aPYfia--Fe 21T60:a - .... pla6omJL-ahep✓_ u".rwanPa' ••-T. --enL'ellee FPmPlea V r.a zt760:16 X 4 Site 71760' - Fee 2t7b0O MO.bx0va lubbl baOCanirabaV :. pavemm uYi ea � OG6etlnutaop: F..21760e0 - •' mwntlate ". I. r .w .. ImaFH noun ini Fea 21Jb06 ,.♦ - e- wruGF4dIreAEaV2gp' _ ,., bbtlw110m - * �� wr. y _ - _ - DBNOOIeIe Pm1Mex _ .� J Fea,?j26h. 0 w a 'Fees BQO 0 - 1)rm 1 FNape2176013- �( pIa011Ncsi�,,,a?!Op1ax'., talo r P 4]h � �� bmxe/1Lmp1 4• ' .. ._ ...:.- -Fee 2176 ®7/; iFOJMI F04'217;01 2 .M �11 mOUntl lMu.011,l SFea21760:11 „"Fea 21760:6 - l-abapa low.rea r �I r S ./ lOw WDLL. Me -Fee ii ' tt r Feil 6060 Fee 2170016 116 -tri unde 17Fea 21760.15 we m Oahe �<. Fznm,6 ®moupe '�-'- mea6b1..WMenVetlen '- •�` a0o Iaft YFB131'/60:2Y.' "Fea 21466 37 -3491 'I Fee 21760 26 F 10wwaY - . Its. 21a 4118.." R mtl y Fee ifJ6b� l : mound 6 i${999F - - :/ /¢T - Fefi?77602 fi FYmau176o 23- - d (,' bWW Faa 21 L6020 - ] - p moun0 Fes 21760:16 ] - fu 2116091' Fn]R601 - -' �,mou0tl - - )/i __...1 pmounC �Blym •-.!Fea 217 22 \ T J -Mautal F 217 Po 17106ntl ,, 3 Y . 506028 "' } -'Fea 21760 ]6 �, E� i i pp Fee F 21760 90 / �mounit .... .Fea 217602? -- a m6bpa _ y - --. S Fast Ib 21763 Fee 21760:n 1 Mae 21T60 32 - �' -Fee 21760:37 - IgPOnEs, aNwps . Fee 2 Ie06Fss ...1760:311 - MATCH LINE' - ----' PmPaM bouaaary Tree IP.,,iP.IIY klawel ------ Sita buunEary Ka7nV DRP TMK: 7-5-10:61 7 rye eonn 0 10 20 30 40 50m Adapted from: Wes Thomas & Associates 1992 Table 1: Summary of Features, Site 21760 Feature Number Description Related Function rerollorary Field Designation - esignation"21760:1 21760 1 Platform Temporary habitation A 21760:2 Low wall Agriculture B 217603 Plettorm/cave complex 'remporary habitation C 176: Tertaee Agriculture E 217605 Cavehroditiedoutcrop/pavement complex Temporary habitation F 21760;6 Mounds Agriculture H 217601 Mound Agriculture 1 217608 Low wall, mound Ag—nu—,to—r. J 217609 Rubble concentration Possible agricullurc L 21760:10 Alignment Agriculture M 2176011 L - shape low wall Agriculture N 2176012 Moura ,alignment Agriculture O 2176: U -shape enclosure/terrace complex Recurrent temporary or permanent habira[ion I' 2176014 Mound Agriculmm Q 21760:15 Mound Agriculture It 21760:16 Mounds Agriculture S 2176017 Mound Agriculture T 2176018 Mound Agriculture LT 21760:19 Mounds Agriculture v 21760:20 Mound Agriculture W 2176021 Platfonrr Possible temporary lmbitatior X 2176022 Mound Agriculture Y 2176011 ---Terrace Temporary habitation Z 217 024 Low wall Agriculture AA 2176025 errace Agriculture BB 21760:26 Mound Agriculture CC 21760:27 Mound Agriculture DD 2176028 Morand Agriculture EE 21760:29 Mound Agriculture FF 2176030 Mound Agricullum GG 21760:31 Mound Agricullure IIH 217 Mound Agriculture if 217603 Mound Agricrdlure MM 21760:34 Low wa Agrieullure/boundary marker NN 2176035 Lory wall Agriculture 00 2176036 Mound Agriculture 1'1, 2176037 Mtumds, outcrops Agriculture QQ 2176038 Terrace Agriculture SS 21760:39 Terrace Possible temponry hahlotion or a.riculture XX 2176040 Mound Agriculture YV 2176041 Modified outcrop/pevenenl connplex Possible temporary habitation ZZ 2176042 Mound Agriculture AAA 2176043 PlatForm/L-shape enclosure complex Possible temporary habitation/agricullurc BBB 2176044 Rubble concentrmion/pavement/cave complex I enporary habitation CCC 21760:45 Modified outcrop Agriculture DUD 2176046 Rubble concenlr.uooIpuvement/-,c complex Possible temporary habitation LEE 2176047 W911 Agriculture FFF 21760:48 Maund Agriculture GGG 2176049 Moditied outcrop Agriculture HHH 2176050 Walled enclosure Temporary habitation III 'Temporary tealure number assigned In me Ilea. i his number was placed on tugs wmet nark me icaitims. N (0) Low Wall Plan of Peature "11 /(ju:j, viatrorTnivave I slopes down Bedrock depres Platform 1501 0 1 2 3 4 5m KamV DRP TMKi 7-5-10-61 a �UIWUUI.gl�.L W 1— TU U ®r riat Mound Bedrock depres Platform 1501 0 1 2 3 4 5m KamV DRP TMKi 7-5-10-61 a �UIWUUI.gl�.L W 1— topped mound, are present along the eastern side of the complex atop an exposed pahoehoe shelf. Large boulders abut the southwest edge of the flat-topped mound. A level soil area is present to the west of this mound. A second, smaller flat-topped mound is located to the west of the level soil area. Finally, to the west of the second mound is a low wall which extends 1 Om to the southwest. Subsurface testing at Feature 21760:3 recovered a small number of artifacts and small amounts of midden materials. In addition, a thin dark stain with a small amount of charcoal flecking was identified which was considered the possible remnants of a hearth. This feature complex is believed to have been utilized as a temporary habitation. Feature 21760:4 This feature is an irregularly shaped terrace located just to the south of Feature 21760:3 (see Figure 4). It is roughly paved and has a soil filled indentation on the southern side. The makai edge of the feature is faced standing up to 65cm AGL. A portion of the northern edge of the structure is also faced reaching a maximum height of 20em AGL. This feature is believed to have been utilized agriculturally. Feature 21760:5 This feature consists of a cave/modified outcrop complex with multiple components located along the eastern (mauka) side of the site to the southeast of Feature 21760:3 (see Figure 4). A cave opening is present at the northeast end of the feature along the edge of a slab of exposed pahoehoe (see Figure 6). The cave was explored to termination. Two chambers were present. The first chamber consisted of a short lava tube running makai approximately 5m where what appeared to be collapsed rubble blocked the tube. The second chamber consisted of a "bubble" located to the south of the opening and measuring approximately 5m in diameter. Just outside and to the west of the cave opening is a small level cobble pavement which measures approximately 2.5m by 2m. A second cobble paving is present sloping along the northwest edge of the feature which measures approximately 5.5m in length by 2m in width. A low "sunken' area measuring approximately 2.5m in diameter is present in the center of the feature which may represent a collapsed tube (possibly the collapse noted in the first chamber of the cave). To the southwest of the sunken area is what appears to be a constructed hole lined with large stones and measuring 30cm by 20cm across and 70cm deep, possibly a post hole. Soil is present at the base of the hole. A barbed wire fence crosses the southwestern portion of the feature. Small piles of stone are present standing atop bedrock which support the fence posts. These stones were likely taken from the feature, although they represent only a minor disturbance. Subsurface testing was conducted within the second chamber of the cave which recovered a small amount of human osteological material and as well as a very small amount of midden materials. The human remains were fragmentary and sparse and were not believed to represent a burial but disturbed remains. The small amount of midden materials was taken as an indication that the feature may have been utilized as a temporary habitation. in 6: Top Plan of Feature 21760:5 I Level P 5 mall Cobble Piled Rocks Around Fence Past L9 For Support low® Sr �� d. \ , } flt Jar• w <: r E, R - 9` hoehce c Piled Rocks On Pahoehoe Fence Post S upport KamV DRP TMK: 7-5-10:61 vement Complex G»3 P . OW ahoehoe 1 DR C4a1 to �` cq Cave Entrance v n/ CVS 14 1 (within cave) L (r, m pa pahcehce pahoehce Cons tructed Puka / a.`"L-G �{ �L 20x30cm diameter i✓ C r ` Large Boulders X Set Atop Other Boulders 0 1 2 3m I 7 7 Archaeolooical t_.. 11n1 Feature 21760:9 This feature consists of a rubble concentration/curved low wall located in the center of the site which partially encloses Feature 21760:21 (see Figures 4). The structure extended approximately 16.5m in length with widths varying from 2 to 5m. The feature reached a maximum height of approximately 80cm AGL. Exposed pahoehoe is present along the northern and eastern edges of the feature. This feature is believed to have been utilized agriculturally. Feature 21760:11 Feature 21760:11 consists of a low L-shaped wall located in the south-central portion of the site in association with a cluster of mounds (see Figure 4). The wall measures 5m in length along one leg and 6m in length along the other and is 1.5m wide, stacked 1 to 2 courses high. The ground surface enclosed by the wall (on the upslope side) is higher and consists of level soil. This may be a prepared surface or may have resulted from natural erosional deposition. This feature is believed to have been utilized agriculturally. Feature 21760:12 This feature consists of two components, a low mound and a stone alignment located to the northwest of Feature 21760:13 along the southern boundary of the site (see Figure 4). The stone alignment consists of a linear concentration of stones measuring 121n in length by 3.7m in width. A small stone mound is located 5m to the southwest of the stone alignment which measures approximately 3m by 2m and stands 1 to 2 courses high. This feature is believed to have been utilized agriculturally. Feature 21760:13 Feature 21760:13 consists of a U-shaped enclosure/terrace complex located near the southwestern corner of the site (see Figure 4). The complex covers an area measuring approximately 17m by 15m. A U-shaped enclosing wall containing three openings and measuring from 1.5 to 31n in width standing between 30 and 100cm AGL defines the eastern and northern sides of the structure. The western portion of the U-shaped structure merges with a retaining wall standing up to 50cm AGL and supporting a level soil backed terrace. A mound/modified outcrop is present within the enclosed area. Subsurface testing at this feature recovered a significant amount of marine shellfish remains and a small amount of vertebrate faunal material in addition to a thick ashy cultural lens (Subfeature 21760:13a). A charcoal sample was taken from Subfeature 21760:13a which was found to date to a most probable age of AD 1186-1442. The presence of the midden materials as well as the ashy lens indicate that this feature was likely utilized as a recurrent temporary or permanent habitation. 12 Feature 21760:21 Feature 21760:21 consists of a small, well constructed rectangular platform located in the center of the site and partially enclosed by Feature 21760:9 (see Figures 4). The platform measures 4m in length by 2.5m in width and stands 30 to 40cm AGL. An additional small pile of stones was observed to the east of the platform. Subsurface testing conducted in and around the platform recovered no cultural materials, although a small amount of charcoal flecking was noted. Based upon the formality of the construction and the presence of the charcoal flecking, it was determined that this feature represented a possible temporary habitation. Feature 21760:23 Feature 21760:23 consists of a long terrace located near the center of the site to the west of Features 21760:9 and 21760:21 (see Figure 4). This feature consists of a large area (17 by 9m) of exposed level decaying pahoehoe bedrock which has been modified into a terrace along its southern side. Cobble fill is present along the length of the southern edge of the outcrop. The southern and western edges are nicely faced standing between 40 and 120cm AGL. What appears to be a constructed hole approximately 50cm in depth (a possible post hole) is present in the cobble fill of the structure. In addition, a small mound of large boulders is present on the western edge of the feature. Subsurface testing at Feature 21760:23 recovered a only two possible artifacts and small amounts of midden materials. Based upon the recovery of these materials, this feature is believed to have been utilized as a temporary habitation. Feature 21760:34 This feature is a long, low stone wall which extends approximately 58m close to and roughly parallel with the ahupua'a boundary and a nearby portion of another stone wall (Site 21763)(see Figure 4). Feature 21760:34 is in varying states of disrepair and may represent an old ahupua'a boundary. Feature 21760:38 This feature consists of a two-tiered terrace located at the western (makai) end of the site (see Figure 4). The terraces cover a total area of 8.5 by 4.5m. The lower terrace is faced along its southwestern end and there is an exposed pahoehoe shelf extending out from its northwestern end. This feature is believed to have been utilized agriculturally. Feature 21760:39 This feature consists of a well constructed terrace located near the northern corner of the site (see Figure 4). The paved portion of the terrace is L-shaped, with the long section running 5.5m along the makai edge and along a barbed wire fence. The shorter section runs 3.75m to the I east. The width of the paving measures between 1.75 and 2.25m. The outside edges of the paving stand between 10 and 30cm AGL. A level soil area is present behind the paving. Subsurface testing conducted at Feature 21760:39 yielded a small amount of coral and one possible artifact. Based upon the recovery of these materials, this feature is believed to have possibly been utilized as a temporary habitation. Feature 21760:41 This feature consists of a modified outcrop with an adjacent rough paving located near the northern corner of the site (see Figure 4). A large area of exposed pahoehoe bedrock is flanked by a roughly paved area to the north and stacked rocks to the west and cast. The paving measures approximately 2.5m by lm in size and is roughly constructed. Below the paving is an area of stacked rocks with facing on the makai edge which stands up to 80cm AGL. A smaller area of stacked rocks is present on the eastern edge of the outcrop. Based upon the presence of the level cobble paving, a surface unlikely to be an agricultural growing medium, it was determined that this feature represented a possible temporary habitation. Feature 21760:43 Feature 21760:43 consists of a small platform and an adjacent L-shaped wall partially enclosing an area of level soil located along the eastern boundary of the site (see Figures 4 & 7). The platform is roughly square measuring 5m by 4.5m and standing 40 to 60cm AGL. What appears to be a constructed hole is present near the center of the platform which extends 70em down to bedrock. The rock fill on the eastern edge of the hole was dismantled in order to explore the possibility of there being a cave opening at this location. A deep crack in the bedrock was present below the constructed hole, however no passable opening was discovered. To the southwest of the platform is a level soil filled area. Partially enclosing the level soil filled area southwest of the platform is a roughly stacked L-shaped wall. The wall stands 2 courses high at 70 to 100cm AGL and is 1.5 to 2m wide. The wall extends 7m to the southeast before turning to the northeast for a length of 4.5m. The northeast end of the wall and the eastern corner of the platform abut Feature 21760:44. Subsurface testing conducted at this feature yielded no cultural materials. Based upon the presence of the constructed hole (considered a possible post hole), it was determined that this feature represented a possible temporary habitation. Feature 21760:44 This feature consists of a rubble concentration and pavement with a cave whose entrance was sealed located along the eastern boundary of the site immediately adjacent to Feature 21760:43 (see Figures 4 & 7). The boulder concentration is irregularly shaped measuring 12m in length by 8m in width. A cobble pavement is present in a concave area towards the northern end of the feature. This paved area is somewhat rectangular measuring 4.5m in length by 1.5m in width. 14 During the investigations at Feature 21760:44, a concealed cave opening was discovered at the southwestern end of the feature. The cave was explored to termination and found to become impassable after approximately 25m. The cave runs makai and is comprised of two chambers and a narrow crawl space. Subsurface testing conducted through the cobble pavement of the feature recovered a small amount of osteological material (determined by Dr. Ziegler to possibly be human) along with a small amount of rat bone from a crevice in the bedrock at the base of a test unit. In addition, a small amount of confirmed human osteological remains were found on the floor of the cave approximately 3m from its opening. The small amounts of human remains and potential human remains from both locations were fragmentary and sparse. The material identified was not believed to represent an intact burial, but likely consisted of disturbed remains which have been secondarily deposited. Based upon the presence of a cobble paving in association with a cave entrance and the presence of charcoal on the surface of the floor of the cave, it was determined that this feature represented a possible temporary habitation. Feature 21760:46 This feature consists of a cave with an external rubble concentration/paving located near the southeastern corner of the site (see Figure 4). The entrance to the cave is approximately 2m wide and 70em high. The cave extended both mauka and makai and was explored to termination in both directions. On either side of the entrance, two small tubes run makai which pinch off after only a short distance. Another tube runs muuku approximately 30m before pinching closed. A concave rubble concentration/paving is present outside of the cave entrance. This structure extends to the west 13m and has a width of approximately 7m (see Figure 8). This area consists of smaller fill interspersed among some larger boulders. At the makai end of the concentration, stones have been piled up 40cm high around a soil area. A small cobble paving is present to the south of the cave entrance. During the investigation of the cave, a small amount of midden materials were observed on the surface of the floor of the cave near its entrance. Subsurface testing was conducted by excavating a unitjust outside the entrance to the cave. These excavations yielded only a small amount of midden materials. Based upon the presence of a cobble paving in association with a cave entrance and the small amount of midden recovered, it was determined that this feature represented a possible temporary habitation. Feature 21760:50 This feature consists of a walled enclosure which surrounds a depression and is located towards the center of the site (see Figure 4). The enclosure is irregularly shaped and covers a total area measuring l Om by 9m. The depression is ovoid and measures 6m by 4m. It was considered possible that the depression was produced by the collapse of a lava tube. Subsurface testing was conducted within the enclosure. No cultural materials were recovered. Based upon its structural morphology, it was determined that this feature represented a possible temporary habitation. 1R Section 4: Research Design Of the five sites identified on the subject property, one has been recommended for Data Recovery (Site 21760). This site has been briefly described above. Within Site 21760, four of the feature complexes identified were found to consist of multiple pavements of varying formality situated immediately outside the openings to small eaves (Features 21760:3, 5, 43/44 & 46). This association of feature components is believed to be somewhat unique in the archaeological record. In addition, human remains were encountered at two of these feature complexes, although the limited quantity of remains encountered was not believed to represent primary interments. Therefore, it is recommended that data recovery address questions regarding these feature complexes including: 1) What is the relationship of pavements found surrounding the openings of small caves to the eaves themselves? 2) What was the time period during which these feature complexes were utilized? 3) Were human burials associated with these feature complexes? io Section 5: The Methodology of Data Recovery In order to address the research questions formulated above, it is recommended that Data Recovery consist of subsurface testing at Features 21760:3, 5, 43/44 & 46 in the form of the manual excavation of controlled test units. This testing will be conducted with the goal of determining the time period during which specific features were utilized as well as to assess the activities which were likely occurring at these features in order to define the nature of the features' utilization. The manual excavation of controlled test units has been recommended for Features 21760:3, 5, 43/44 & 46. Specifically, it is recommended that a total of five 2m by lm test units be excavated at each of the four feature complexes recommended for Data Recovery at Site 21760. The exact locations at which excavation units will be placed within each feature complex will be determined at the discretion of the field supervisor, however test units will generally be distributed with two units being excavated within the cave portions of the features and three within the structural components surrounding the entrances to the caves. Subsurface sampling will be conducted by manually excavating test units using standard archaeological methods including excavating in controlled l0cm levels within natural stratigraphic layers and the screening of all soils using one eighth inch mesh screens in order to retrieve significant cultural deposits. Soil samples will be collected from every 10cm excavation level, placed in airtight resealable bags and labeled for use in laboratory analyses. Midden and artifacts collected from screened soils will be similarly bagged. Samples collected for radiocarbon dating will be gathered, without coming into contact with human skin, wrapped in aluminum foil and sealed in a labeled airtight resealable bag. All cultural materials recovered will be delivered to ACP facilities, 59-624 Pupukea Rd., Haleiwa, HI, for laboratory analyses. Following the fieldwork phase of investigations, laboratory analyses will cover a range of diagnostic endeavors. All faunal remains will be identified to the species level, as possible, with the results being tabulated and presented by provenience and weight. Marine shell remains will be similarly treated with the samples being identified to the generic level, as possible. Artifacts will be sorted by type, counted and measured with selected items photographed or illustrated and the results tabulated for presentation by provenience. Any datable samples recovered will be sent for radiocarbon analysis with a maximum of eight samples to be dated (to include AMS dating). A complete Data Recovery report will he prepared detailing all fieldwork. This report shall provide an in-depth discussion of the research questions posed in this plan. A review of prior work on the subject property will be included. The report will provide complete descriptions of the excavations undertaken including written accounts, placement of all excavation units on top plans drawn to scale, profiles depicting stratigraphic and/or cultural deposits. Also included will be soil descriptions according to U.S.D.A, standards and the presentation of the results of all laboratory analyses described above. Finally, there will be an in- depth evaluation of the findings on the research questions. M Drafts of the report of Data Recovery shall be submitted to the DLNR-SHPD f'or review. All recommended content revisions shall then be made unless consultation meetings alter the recommended revisions. Copies of approved, final versions shall be provided to both the Oahu and Big Island offices of the DLNR-SHPD. All materials collected during test excavations will be bagged and labeled appropriately, placed in labeled and inventoried boxes, and curated at ACP facilities located at 59-624 Pupukea Rd., Haleiwa, HI.. Conclusion Archaeological Consultants of the Pacific, Inc. has prepared this Data Recovery Plan for a property located in the ahup a'a of Pua`a I", North Kona District of the island of Hawaii. Previous archaeological investigations on the subject parcel identified properties significant to the interests of historic preservation. Because the proposed development of the subject property would have an "adverse effect" on these significant historic properties, Data Recovery was recommended. Inventory Survey investigations identified five previously unidentified archaeological sites (Sites 21760, 21761, 21762, 21763 & 23272 (Elmore, Bollt & Kennedy 2002). Those investigations recovered sufficient information regarding Sites 21761, 21763 and 23272 such that they have been determined to be "No Longer Significant". Site 21760 was determined to be significant for its information content and was recommended for Data Recovery. Site 21762 was determined to be significant for its information content as well as for its cultural value and was recommended for preservation. This plan presents the details of the proposed Data Recovery at Site 21760. The acceptance and implementation of this plan as well as the production of an approved Data Recovery Report will help mitigate the "adverse effect" proposed developments will have on the historic properties present. References Cited Armstrong, R. Warwick 1973 Atlas of Hawaii. University of Hawaii Press. Honolulu. Elmore, Michelle, Robert Bollt, and Joseph Kennedy 2002 "An Inventory Survey Report for Property Located at TMK: 7-5-10.61 in Kailua, Pua`a 1" Ahupua`a, North Kona District, Island of Hawaii". Prepared by ACP, Inc.. Report on file at DLNR-SHPD. Sato, H.H., W. Ikeda, R. Paeth, R. Smythe and M. Takehiro, Jr. 1973 Soil Survey of the Island of Hawaii, State of Hawaii. U.S. Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Government Printing Office, Washington D.C.. 9;