HomeMy WebLinkAboutCOM 0457.000 2002-2004Ham' Kim
Hayor
COUNTY OF HAWAII
25 Aupuni MIecl- 14 00 111 21 � • Hilo, I lawa.i 96720-4252 • (808) 961-8211 • Fax (808)
KON % 7� >700 Kuakini Ihghway, Swte 103 • Kaflua-Kona Ha vai'i 96740
,808)329-5226 • Pax (808)326-566;
December 30, 2003
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawai i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 03-025)
Applicant: Lehua Lani, LLC
Request: A -5a to RS -7.15
Tax Map Key: 7-5-20:71 and 72
State Land Use Boundary Amendment Application (SLU 03-010)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-024)
Request: A -la to CV -10
Applicant: Verizon Hawaii, Inc.
Tax Map Key: 74-8:20
State Land Use Boundary Amendment Application (SLU 03-011)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties, LLC
Tax Map Key: 7-5-17:21
Change of Zone Application (REZ 02-016)
Applicant: Thomas A. Tuso
Request: Agricultural (A -5a) to Family Agricultural (FA -3a)
Tax Map Key: 7-5-12:38
Dixie Kaehll
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Peter 1.. Hendricks
Pep", 1/naa,K.ag 1lurnor-
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.
incerely,
Harry Kim
Mayor
6,1151I 1.13
Enclosures
cc: Planning Department
Comm. NM-��-7----
Ref. Toy lrL
Ref. Date _9 i00d
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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.
incerely,
Harry Kim
Mayor
6,1151I 1.13
Enclosures
cc: Planning Department
Comm. NM-��-7----
Ref. Toy lrL
Ref. Date _9 i00d
Harry Kim
Mayor
December 30, 2003
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 03-011)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties, LLC
Tax Map Key: 7-5-17:21
The Planning Commission, after a duly held public hearing on December 4, 2003, voted to
recommend for your approval the proposed legislative bills for a State Land Use Boundary
Amendment from the Agricultural to the Urban District and a Change of Zone to change the
district classification from the Agricultural 5 -acre (A -5a) to the Single Family Residential
(RS -15) district for approximately 9.095 acres of land. The property is located along the
southwest (makai) side of Hualalai Road and also makai of the Kona Orchard Subdivision,
approximately 700 feet south of the Hualalai Road and Kahului-Hienaloli Road junction,
Puapuaanui, North Kona, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the requests:
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
State Land Use Boundary Amendment
The approval of the reclassification from the State Land Use Agricultural to the
Urban District for approximately 9.095 acres will not be violative of Section 205-2,
Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be
inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan and
the County General Plan. The applicant is also requesting a concurrent change of zone
from an Agricultural (A -5a) to Single -Family Residential (RS -15) zoned district for 9.095
acres. The applicant intends to subdivide the property into 16 lots approximately 15,000 -
square feet in size and 5 lots approximately 21,900 -square feet in size. Plans for the
proposed 21 -lot subdivision will be submitted approximately two months after the request
is approved. The estimated cost of improvements is $1,000,000.00.
According to the Hawaii Land Use Commission Rules, one of the standards for
considering an area for urban reclassification states that "In determining urban growth for
the next ten years, or in amending the boundary, lands contiguous with existing urban
areas shall be given more consideration than non-contiguous lands, and particularly when
indicated for future urban use on State or County General Plans." The subject property
conforms to this standard as it abuts existing Urban designated lands to the south and
west. The reclassification action would also complement the goals, objectives and/or
policies articulated in the Hawaii State Plan by providing future employment
opportunities and improved living standards and stimulating the development and
expansion of economic activities. The request conforms to the Economic and Land Use
goals and policies of the General Plan.
The request also conforms to the General Plan Land Use Pattern Allocation Guide
(LUPAG) Map which designates the area as Urban Expansion Area and Low Density
Urban. 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 area, as surrounding
properties are in residential uses.
The urban classification also conforms to the standard that the development is
within reasonable proximity to centers of trading and employment and to basic services
such as schools, police and fire protection, transportation systems and water. The subject
property is located near Kailua-Kona, which includes commercial shopping centers,
residential developments, public service facilities and hotels, and thereby conforms with
the Land Use Commission Rules which encourages urban developments in close
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
proximity to existing services and facilities. The project would be a complementary
extension of the Pualani Estates single-family residential subdivision under construction
to the west, and the adjacent Hualalai Heights single-family residential subdivision to the
north currently pending approval by the Planning Department. Access is available
through the proposed Hualalai Heights subdivision road. The applicant has received
authorization to use the proposed roadway. Emergency services are available in Kailua-
Kona, Kealakehe and Kealakekua. Utilities are or will be made available to the site. All
lots will be served by individual wastewater systems meeting with the requirements of the
Department of Health.
The property has no severe geological or topographical problems which cannot
be properly rectified or which would render the land unusable. The U.S. Corps of
Engineers Flood Insurance Rate Map (FIRM) designates the property as Zone "X", areas
outside the 500 -year flood plain. The property is located approximately 1.33 miles from
the coastline and rises in elevation from 550 feet to 720 feet at its inland end. The project
will increase the surface runoff but 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 properties makai of the site. Thus, the
reclassification meets 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."
Urban Districts shall include lands characterized by "city -like" concentrations of
people, structures, streets, urban level of services and other related land uses. Lands to
the north are zoned A -5a and are vacant. Properties to the west are zoned RS -7.5, site of
the Pualani Estates Subdivision on TMKs: 7-5-41 and 7-5-42. To the south are properties
zoned RS -20 for the pending Hualalai Heights Subdivision, and the Kona Orchards
Subdivision is located to the east on TMK: 7-5-25 and zoned RA -5a. The land uses in
the area are a mix of rural -agricultural and residential uses. The urban area is located to
the south and west of the project area. Thus, as urban uses already exist in the immediate
area, the urbanization of the subject property will not contribute towards scattered urban
development.
While the subject property is within the State Land Use Agricultural and County's
Agricultural (A -5a) zoned district, it is not currently being used for active agricultural
purposes. While the property is within the State Land Use Agricultural and County's
Agricultural (A -5a) zoned district, the property is not currently being used for any active
agricultural purposes. According to the applicant, there is a dwelling situated on
proposed Lot A-6 on the subject property. The remainder of the property is vacant and
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 4
heavily vegetated. According to the Archaeological Inventory Survey conducted by Paul
H. Rosendahl, Inc. in April 2003, the property was primarily used for growing cotton and
raising cattle, and the present vegetation reflects the extensive land clearing and alteration
associated with the cultivation of cotton and subsequent conversion to improved
pastureland. The property is Unclassified by the State of Hawaii ALISH Map. The Land
Use Study Bureau's Overall Master Productivity Rating for the soils in the area is "D" or
"Poor". Given the soil characteristics of the property, the potential for more intensive
agricultural uses is unlikely. Therefore, the reclassification of this 9.095 -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. Furthermore, an
Urban classification would conform with the standard which states that lands 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."
Findings on traditional and customary Hawaiian rights:
Investigation of valued resources: No formal flora/fauna study was submitted. However,
an Archaeological Inventory Survey by Paul H. Rosendahl dated April 2003, was
submitted as part of the application. According to the archaeological survey, two sites
were identified on the property: Site 23791, historic stone wall boundaries and features
within the wall, and Site 23792, military gun emplacement. The property was previously
used for cotton cultivation and cattle raising. The original botanical resources of the site
were removed during the cotton cultivation.
The valuable cultural, historical, and natural resources found in the area: According to
the archaeological survey conducted by Dr. Paul H. Rosendahl in April 2003, no definite
archaeological remains of traditional Hawaiian occupation or utilization were identified
during the inventory survey. Two sites were identified in the project area:
Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 5
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
In a memo dated November 20, 2003, the SHPD has stated that the project has already
gone through the historic preservation review process; and mitigation has been
completed. Thus, "no historic properties will be affected by this undertaking."
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. With respect to fauna, a change in
habitat may result in a decrease or increase in the number of different species depending
on the habitat preference of the species. The number of cats and dogs could decrease due
to the urban nature of the residential development.
Feasible actions to protect native Hawaiian rights: The property is not proximate
to the shoreline; therefore, gathering of marine life and coastal access is not an issue. It is
not known whether the subject property or immediate surrounding area was previously
used for the gathering of plants by native Hawaiians. In the unlikely event that legitimate
gathering claims are made by native Hawaiians, the applicant should respect and honor
such claims and provide the needed access within the site. To the extent to which
traditional and customary Native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights, and no action is necessary to protect those rights.
Based on the above, the approval of the State Land Use Boundary Amendment from
Agricultural to the Urban District complements the State Land Use District Regulations
and is supportive of the State of Hawaii Plan and the General Plan. Therefore, a
favorable consideration of the State Land Use Boundary Amendment is recommended.
Chance of Zone
The applicant is requesting a Change of Zone from Agricultural (A -5a) to Single -
Family Residential (RS -15) for approximately 9.095 acres of land to subdivide the
property into 16 lots approximately 15,000 -square feet in size and 5 lots approximately
21,900 -square feet in size. Plans for the proposed 21 -lot subdivision will be submitted
approximately two months after the request is approved. The estimated cost of
improvements is $1,000,000.00. The applicant has submitted a concurrent request for a
State Land Use District Boundary Amendment from an Agricultural to an Urban district.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 6
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone request from Agricultural (A -5a) to a Single -Family
Residential (RS -15) zoned district will conform to, among others, the Land Use (Single
Family Residential), Economic and Housing elements of the General Plan:
Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
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 LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated Urban
Expansion Area and Low Density Urban.
Lands to the north are zoned A -5a and are vacant. Properties to the west are
zoned RS -7.5, site of the Pualani Estates Subdivision on TMKs: 7-5-41 and 7-5-42. To
the south are properties zoned RS -20 for the pending Hualalai Heights Subdivision, and
the Kona Orchards Subdivision is located to the east on TMK: 7-5-25 and zoned RA -5a.
The land uses in the area are a mix of residential and rural -agricultural uses.
Therefore, a favorable recommendation of this change of zone request will be consistent
with the land use pattern being established within this area.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 7
The property was previously utilized for the cultivation of cotton and cattle
grazing, but is currently not used for any agricultural activities. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", an area determined to be outside of the 500 -year flood plain. The property is located
approximately 1.33 miles from the coastline and rises in elevation from 550 feet to 720
feet at its inland end. The project site is unclassified by the State of Hawaii ALISH Map.
Soils within the property and surrounding area is classified as "D" or "Poor" for
agricultural productivity by the Land Study Bureau. Given the soil characteristics of the
property, the potential for more intensive agricultural uses is unlikely.
Access is available through the proposed Hualalai Heights subdivision road. The
applicant has received authorization to use the proposed roadway. According to the
Department of Public Works, Hualalai Road is a County Road with a pavement width of
approximately 18 to 20 feet within a variable right-of-way width, approximately 40 feet
wide in the vicinity of the project area. Hualalai Road is substandard based on width,
alignment and roadside hazard clearances. The Department of Public Works
recommends that a easement for future road widening be provided within the subject
property, to allow widening of Hualalai Road along the property's frontage, equal to one-
half the difference between the existing right-of-way width and 60 feet, and the easement
to be dedicated to the County, at no cost. The Department of Public Works also
recommends that the private road access to Hualalai Road serving proposed lots A-1
through A-6, including the provision of adequate sight distances, meet with the
department's approval.
The project will connect to the County's North Kona Water System, which will
also serve the pending Pualani Estates and Hualalai Heights single-family subdivisions.
According the applicant, the water system is located within the Hualalai Road right-of-
way. The applicant will be securing the necessary water commitments. The project will
increase the surface runoff but 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 properties makai of the site. All utilities are or will be made
available to the site. Police, fire and emergency facilities are located in Kailua-Kona,
Kealakehe and Kealakekua.
The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The property is not situated within the
Special Management Area. It is located approximately 1.33 miles from the nearest
coastline and therefore, will not be impacted by coastal hazard and beach erosion. There
are no identified recreational resources, historic resources, public access to the shoreline
or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 8
or other natural and environmental resources in the area. Thus, the proposed request and
use of the property will not adversely impact those resources.
No formal flora/fauna study was submitted. However, the applicant has stated
that the property is almost entirely covered with keawe, koa haole, monkeypod trees and a
dense growth of introduced grasses and lantana. There are no known rare or endangered
plant life or animal species on the site. The plants on the site are generally alien and
introduced species, and are not classified as rare, endangered, or threatened; thus, the
overall impact on area flora is expected to be negligible. According to the applicant,
there are no endemic or indigenous bird species on the site. Species observed in the
project area include the Yellow -Billed Cardinal, Zebra Dove, common Myna, House
Sparrow, and House Finch. Mammals common to the area are Mongoose and feral cats
and dogs. None of the species identified are rare or endangered. Thus, the project will
have no adverse impact on fauna in the area.
An Archaeological Inventory Survey was conducted by Paul H. Rosendahl in
April 2003. According to the survey, no definite archaeological remains of traditional
Hawaiian occupation or utilization were identified during the inventory survey. Two sites
were identified in the project area:
• Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
• Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
Mounds and modified outcrops were spread out fairly evenly throughout the project area,
and no area had significantly more features than any other area. The mounds were
probably placed randomly as part of the clearing process. Rocks were placed on basalt
outcrops since the outcrop could not be utilized for planting. The survey further states
that the historic record indicates it is probable that the mounds/modified outcrops are
likely a result of historic land clearing in association with cotton planting. However,
some of the features may have originated during prehistoric times and were later built
over. The overlay of historic/modern features on top of pre -contact features is a common
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 9
pattern in Kona agricultural lands. Based on the research and the negative field survey
results, the study concluded that no sites definitively reflecting traditional native
Hawaiian agriculture and occupation are present within the site. If such sites once existed
on the property, subsequent land alterations have most likely destroyed them. Numerous
scattered and irregular stone piles, mounds and modified rock outcrops were encountered;
these were interpreted as resulting from historic land -clearing likely associated with
cotton cultivation and perhaps cattle raising. Evidence of limited vegetation grubbing by
bulldozer was evident in several areas.
The archaeological remains identified on the site were assessed for significance
using the National Register criteria for evaluation. Based on this criteria, the remains on
the site are assessed as significant for Criterion D, and determined to be potentially
significant for information content, which defines significant resources as ones that
"...have yielded or may be likely to yield, information important in prehistory or history."
The features have been recorded and described at such a level as to sufficiently mitigate
their possible destruction. In conclusion, no further archaeological work is recommended
in the project area. In a letter dated May 9, 2003 from the State Department of Land and
Natural Resources Historic Preservation Division (SHPD) to Dr. Paul H. Rosendahl,
SHPD agreed with the findings and the recommendation for no further work. SHPD
indicated that while neither site is worthy of preservation or data recovery, archaeological
monitoring of the initial grubbing of the parcel is advised. In a memo dated November
20, 2003, the SHPD has stated that the project has already gone through the historic
preservation review process; and mitigation has been completed. Thus, "no historic
properties will be affected by this undertaking."
Presently, there is no evidence of any traditional and customary Native Hawaiian
rights being practiced on the site, nor existence of known valued cultural, historical or
native resources in the area. The subject site is not proximate to the shoreline. As such,
gathering of marine life and coastal access is not an issue. However, as the site has been
used for cotton cultivation and cattle grazing in the past, it would appear unlikely that it
would serve such purpose today. Thus, it is not anticipated that the proposed request will
have any adverse impact on cultural or historical resources in the area. There is no record
of a designated public access to the shoreline or mountain areas that traverses the
property.
Regarding findings on traditional and customary Hawaiian rights:
Investigation of valued resources: No formal flora/fauna study was
submitted. However, an Archaeological Inventory Survey by Paul H. Rosendahl dated
April 2003, was submitted as part of the application. According to the archaeological
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 10
survey, two sites were identified on the property: Site 23791, historic stone wall
boundaries and features within the wall, and Site 23792, military gun emplacement. The
property was previously used for cotton cultivation and cattle raising. The original
botanical resources of the site were removed during the cotton cultivation.
The valuable cultural, historical, and natural resources found in the area:
According to the archaeological survey by Dr. Paul H. Rosendahl conducted in April
2003, no definite archaeological remains of traditional Hawaiian occupation or utilization
were identified. Two sites were identified in the project area:
Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
In a memo dated November 20, 2003, the SHPD has stated that the project has already
gone through the historic preservation review process; and mitigation has been
completed. Thus, "no historic properties will be affected by this undertaking."
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. With respect to fauna, a change in
habitat may result in a decrease or increase in the number of different species depending
on the habitat preference of the species. The number of cats and dogs could decrease due
to the urban nature of the residential development.
Feasible actions to protect native Hawaiian rights: The property is not proximate
to the shoreline; therefore, gathering of marine life and coastal access is not an issue. It is
not known whether the subject property or immediate surrounding area was previously
used for the gathering of plants by native Hawaiians. In the unlikely event that legitimate
gathering claims are made by native Hawaiians, the applicant should respect and honor
such claims and provide the needed access within the site. To the extent to which
traditional and customary Native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights, and no action is necessary to protect those rights.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page I1
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Single -Family Residential (RS -15) zoned district would result in
an appropriate land use pattern that will further benefit the public.
For your favorable consideration, amendments to State Land Use Boundaries Map, H-7 of the
County of Hawaii and Section 25-8-3 (North Kona Zone Map), of the County Zoning Code are
transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sincerely,
6' A
Fred Galdones, Chairman
Planning Commission
LuluwehiO2PC
Enclosures
cc: Steven S. C. Lim, Esq.
Department of Public Works
Department of Water Supply
Planning Department - Kona
Department of Land & Natural Resources-HPD/Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
State Land Use Commission
BU 1 uwehiS LUREZ. doc-12/3/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ULUWEHI PROPERTIES, LLC
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-011)
CHANGE OF ZONE APPLICATION (REZ 03-026)
ULUWEHI PROPERTIES, LLC has submitted applications for a State Land Use
Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural (A -
5a) to Single -Family Residential (RS -15) for approximately 9.095 acres of land. The property is
located along the southwest (makai) side of Hualalai Road and makai of the Kona Orchard
Subdivision, approximately 700 feet south of the Hualalai Road and Kahului-Hienaloli Road
junction, Puapuaanui, North Kona, Hawaii, TMK: 7-5-17: 21.
APPLICANT'S REQUEST
Request: The applicant is requesting a State Land Use Boundary Amendment from
Agricultural to Urban and a Change of Zone from Agricultural (A -5a) to Single -Family
Residential (RS -15) for approximately 9.095 acres of land. The applicant intends to
subdivide the property into 16 lots approximately 15,000 -square feet in size and 5 lots
approximately 21,900 -square feet in size. Plans for the proposed 21 -lot subdivision will
be submitted approximately two months after the request is approved. The estimated cost
of improvements is $1,000,000.00. Uluwehi Properties, LLC is the landowner. (See
Exhibit A - State Land Use Boundary Amendment and Change of Zone
Applications)
STATE AND COUNTY PLANS
2. State Land Use Designation: Agricultural.
3. GP LUPAG Map: Urban Expansion Area and Low Density Urban.
4. County Zoning: Agricultural (A -5a).
5. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies
within the Coastal Zone Management Area. The intent of the Coastal Zone Management
Program is to guide and regulate public and private uses in the coastal zone management
area with respect to recreational resources, historic resources, public access to the
shoreline, scenic and open space resources, coastal ecosystems, marine resources,
q{ 7«;115 211-'113 PC
economic uses, coastal hazards, managing development, public participation, and beach
protection.
6. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
situated within the Special Management Area. It is located approximately 1.33 miles
from the coastline and therefore, will not be impacted by coastal hazard and beach
erosion. There are no identified recreational resources, historic resources, public access
to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems,
marine resources or other natural and environmental resources in the area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
Subject Property: The subject property is located on the makai side of Hualalai Road
approximately 700 feet south of the Hualalai Road/Kahului-Hienaloli Road junction. The
property is located adjacent to the pending Hualalai Heights subdivision and mauka of
the Pualani Estates single-family residential subdivision. According to the applicant,
there is a dwelling situated on proposed Lot A-6 on the subject property. The remainder
of the property is vacant and heavily vegetated. According to the Archaeological
Inventory Survey conducted by Paul H. Rosendahl, Inc. in April, 2003, the property was
primarily used for growing cotton and raising cattle.
8. Surrounding Zoning/Land Uses: Lands to the north are zoned A -5a and are vacant.
Properties to the west are zoned RS -7.5, site of the Pualani Estates Subdivision on TMKs:
7-5-41 and 7-5-42. To the south are properties zoned RS -20 for the pending Hualalai
Heights Subdivision, and the Kona Orchards Subdivision is located to the east on TMK:
7-5-25 and zoned RA -5a.
9. ALISH: Unclassified.
10. Land Study Bureau's Detailed Land Classification System: "D" or "Poor".
11. U.S. Soil Survey: rPYD Punaluu extremely rocky peat, 6-20% slopes. This soil is low
on the leeward side of Mauna Loa. The Punaluu series consists of well -drained thin
organic soils over pahoehoe lava bedrock. The surface layer is black peat and
approximately four inches thick. The peat is rapidly permeable. Runoff is slow and the
erosion hazard is slight.
12. FIRM: Zone "X", area determined to be outside the 500 -year flood plain.
-2-
13. Elevation: The property rises in elevation from 550 feet to 720 feet at its inland end.
14. Air Quality: Air quality in the project area is mostly affected by emissions from natural
and vehicular sources. Short term air quality impacts can be mitigated through utilization
of best management practices.
15. Visual Impact: The proposed project will not impact views of the shoreline from the
Hawaii Belt Road, as the site is located approximately 1.33 miles mauka of the shoreline.
According to the applicant, the property is situated in an area where topography and
vegetation would blend the development into the 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. Therefore, the project will have no significant
adverse effect on the existing scenic and visual resources of the Kailua-Kona area.
16. Noise Impacts: Noise levels in the area are primarily influenced by the traffic on Hawaii
Belt Road. The existing background ambient noise levels in the area are similar to levels
in other residential areas of the Kailua-Kona urban center and surrounding area. Short-
term noise impacts during construction can be mitigated through scheduling work during
daytime hours and ensuring that construction equipment complies with County
conditions.
17. Flora/Fauna Resources: No formal flora/fauna study was submitted. However, the
applicant has stated that the property is almost entirely covered with keawe, koa haole,
monkeypod trees and a dense growth of introduced grasses and lantana. There are no
known rare or endangered plant life or animal species on the site. The plants on the site
are generally alien and introduced species, and are not classified as rare, endangered, or
threatened; thus, the overall impact on area flora is expected to be negligible. According
to the applicant, there are no endemic or indigenous bird species on the site. Species
observed in the project area include the Yellow -Billed Cardinal, Zebra Dove, common
Myna, House Sparrow, and House Finch. Mammals common to the area are Mongoose
and feral cats and dogs. None of the species identified are rare or endangered. Thus the
project will have no adverse impact on fauna in the area.
18. Archaeological Resources: An Archaeological Inventory Survey was conducted by
Paul H. Rosendahl in April 2003. According to the survey, no definite archaeological
remains of traditional Hawaiian occupation or utilization were identified during the
-3-
inventory survey. Two sites were identified in the project area:
• Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
• Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
Mounds and modified outcrops were spread out fairly evenly throughout the project area,
and no area had significantly more features than any other area. The mounds were
probably placed randomly as part of the clearing process. Rocks were placed on basalt
outcrops since the outcrop could not be utilized for planting. The survey further states
that the historic record indicates it is probable that the mounds/modified outcrops are
likely a result of historic land clearing associated with cotton planting. However, some of
the features may have originated during prehistoric times and were later built over. The
overlay of historic/modem features on top of pre -contact features is a common pattern in
Kona agricultural lands. Based on the research and the negative field survey results, the
study concluded that no sites definitively reflecting traditional native Hawaiian
agriculture and occupation are present within the site. If such sites once existed on the
property, subsequent land alterations have most likely destroyed them. Numerous
scattered and irregular stone piles, mounds and modified rock outcrops were encountered.
These were interpreted as resulting from historic land -clearing likely associated with
cotton cultivation and perhaps cattle raising. Evidence of limited vegetation grubbing by
bulldozer was evident in several areas.
The archaeological remains identified on the site were assessed for significance
using the National Register criteria for evaluation. Based on this criteria, the remains on
the site are assessed as significant for Criterion D, and determined to be potentially
significant for information content, which defines significant resources as ones that
"...have yielded or may be likely to yield, information important in prehistory or
-4-
history." The features have been recorded and described at such a level as to sufficiently
mitigate their possible destruction. In conclusion, no further archaeological work is
recommended in the project area. In a letter dated May 9, 2003 from the State
Department of Land and Natural Resources Historic Preservation Division (SHPD) to Dr.
Paul H. Rosendahl, SHPD agreed with the findings and the recommendation for no
further work. SHPD indicated that while neither site is worthy of preservation or data
recovery, archaeological monitoring of the initial grubbing of the parcel is advised. In a
memo dated November 20, 2003, SHPD stated that the project has already gone through
the historic preservation review process; and mitigation has been completed. Thus, "no
historic properties will be affected by this undertaking."
19. Cultural or Native Gathering Rights: The subject site is not proximate to the
shoreline. As such, gathering of marine life and coastal access is not an issue. However,
as the site has been used for cotton cultivation and cattle grazing in the past, it would
appear unlikely that it would serve such purpose today.
20. Traffic: According to the applicant, the project would generate a slight increase in
traffic.
21. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
PUBLIC UTILITIES AND SERVICES
22. Access: Access is available through the proposed Hualalai Heights subdivision road.
The applicant has received authorization to use the proposed subdivision road.
23. Water: The project will connect to the County's North Kona Water System, which will
also serve the Pualani Estates and Hualalai Heights single-family subdivisions.
According the applicant, the water system is located within the HualaW Road right-of-
way. The applicant will be securing the necessary water commitments.
24. Sewer: All lots will be served by individual wastewater systems meeting with the
requirements of the Department of Health.
25. Drainage: The project will increase the surface runoff but 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 properties makai of the
site.
-5-
26. Solid Waste: Solid waste will be handled by commercial haulers and disposed of at the
County landfill at Puuanahulu.
27. Essential Utilities and Services: All utilities are available to the property. The nearest
police and fire facilities are located in Kealakehe. Fire stations are located in Kailua-
Kona, Keauhou and Captain Cook. Kona Hospital is located in Kealakekua.
AGENCIES' COMMENTS
28. Police Department (October 20, 2003 Memo):
"Staff has reviewed the applications and recommend that turning lanes be incorporated to
access the subdivision."
29. Department of Transportation, Honolulu (October 23, 2003 Letter):
"The project is not anticipated to have a significant impact on our State highway
facilities."
30. Department of Land and Natural Resources Historic Preservation Division
(November 20, 2003 Memo):
"This project has already gone through the historic preservation review process;
mitigation has been completed. Thus, we believe that "no historic properties will be
affected by this undertaking."
31. Department of Public Works: (See Exhibit B - October 24, 2003 Memo)
32. Department of Environmental Mgmt: (See Exhibit C - October 10, 2003 Memo)
33. Department of Health: (See Exhibit D -October 22, 2003 Memo)
34. Kona Traffic Safety Committee: (See Exhibit E - October 31, 2003 Letter)
35. Hawaii Electric Light Company, Inc.: (See Exhibit F - October 17, 2003 Letter)
AGENCIES - NO RESPONSES
36. Department of Water Supply, Fire Department, Department of Land and Natural
Resources Land Division, Department of Transportation (Hilo), Land Use
Commission, Natural Resources Conservation Service
APPLICANT'S RESPONSE TO AGENCIES' COMMENTS
37. (See Exhibit G - Two letters dated October 22, 2003)
PUBLIC COMMENTS
38. The Planning Department has not received any written comments or objections from the
general public or adjacent landowners on the subject applications.
-6-
rLi Y ED Wit" w 0 n`
County Environmental Report :3�6'.1NING JEPPR7Mv--,'-
L9pp(icant: Uluwelri Properties LLC _
ourt Oi Hawai
Agent: Steven S.C. Lim, Carlsmith Ball LLP S iJ \o n2 H. 74C
State Land Use District Boundary Amendment front Agricultural to Urban
Change of Zone from Agricultural 5 -acre (A -5a)
to Single Family Residential 15, 000 sf. (RS -15)
Keopu 1, District of North Kona, Hawaii
TMK: (3) 7-5-017: 021 (9.590 acres)
TABLE OF CONTENTS
1. State Land Use District Boundary Amendment Application
2. Change of Zone Application with Questionnaire
3. Recorded Deed Showing Ownership by Uluwehi Properties LLC
4. Fee Owners Authorization Form
5. County Environmental Report
APPLICATION EXHIBITS
1.
2.
3.
4.
r
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F
3830-7713-9456 1
1 I" x 17 " Regional Location Map of Property in Tax Map Key Form.
11" x 17 "Tax Map Key Map of Property
11" x 17' Preliminary Subdivision Plan
Final Archaeological Inventory Survey Report dated April 2003.
Copy of DLNR-HPD letter Dated May 9, 2003 review and comments on
Archaeological Inventory Survey Report dated January 2002.
Copy of letter from PHRI dated May 12, 2003 to DLNR-HPD transmitting
Final Archaeological Inventory Survey Report dated April 2003.
EXHIBIT
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETITIONER: ULUWEHI PROPERTIES LLC
PETITIONER'S SIGNATURE: See attached letter of authorization DATE: 9-18-2003
ADDRESS: c/o Steven S.C. Lim, Carlsmith Ball LLP P.O. BOX 1720. Kailua-Kona HI
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus.) 329-6464 (935-6644) (Res.) (Fax)329-9450
LANDOWNER(S): ULUWEHI PROPERTIES LLC
LANDOWNER SIGNATURE(S): See attached letter of auhorization DATE: 9-18-2003
BA be b6 letter)-
ADDRESS: c/o Steven S.C. Lim, Esq. Carlsmith Bal LL�O 1720, Kailua-Kona, HI 96745
TAX MAP KEY: (3) 7-5-017:021
STREET ADDRESS OF PROPERTY:
ZONING: Agricultural 5 -acre (A -5a) SIZE OF PROPERTY: 9.095 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, M 96745
TELEPHONE: (Bus.)329-6464 (935-6644) (Res.) (Fax) 329-9450
Please indicate to whom original correspondence and copies should be sent.
:IGINAL: Steven S.C. Lim, Esq. Carlsmith Ball LLP COPIES:
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: ULUWEHI PROPERTIES LLC
APPLICANT'S SIGNATURE: See attached letter of authorization
DATE: 9-18-200-
ADDRESS:
-1s-2003
ADDRESS: c/o Steven S.C. Lim, Esq., Carlsmith Ball LLP, P.O. Box 1720, Kailua-Kona, HI 96745
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Ian Toye, President
PHONE:(Bus.) 329-6464 (935-6644) (Res.) (Fax) 329-9450
LANDOWNER(S): ULUWEHI PROPERTIES LLC
LANDOWNER SIGNATURE(S): See attached letter of authorization DATE: 9-18-2003
(May be by letter)
LANDOWNER(S) ADDRESS: c/o Steven S.C. Lim, Esq. Carlsmith Ball LLP. P.O. Box 1720, Kailua-Kona, 11196745
REQUEST: Agricultural 5 -acre (A -5a) To Single Family Residential 15,000 s.f. (RS -15)
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: (3) 7-5-017:021
STREET ADDRESS OF PROPERTY:
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 9.095 Acres
AGENT: Steven S.C. Lim, Esq., Carlsmith Ball
ADDRESS: P.O. Box 1720, Kailua-Kona, HI 96745
TELEPHONE: (Bus.) 329-6464 (935-6644_
(Fax)329-9450
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Steven S.C. Lim, Esq., Carlsmith Ball LLP COPIES:
(See Instructions on Reverse Side)
AT T P.CHMENT
Residential Rezonina
PLANNING DEPARTMENT
COUNTY OF HAWAI:
APPLICATION FOR CHANGE OF ZONE
If your request is approved, do you intend to subdivide
the subject land in accordance with the approved change
of zone? YES
if yes, please answer the rest of question 1 and then to
quesf'ion 3.
a• How many acres of the requested area do you intend to
subdivide? 9 Acres
b. into what lot sizes?
15,000
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval? 6 mon.
d. Do you intend to build houses on the newly created
lots? NO
if yes, please answer the following questions:
on how many of those lots?
At what approximate price range? House
Lots
Total
Approximately how long, after approval of
the subdivision, would the first house be
available for occupancy?
If you intend to subdivide, please submit a
preliminary schematic subdivision plan together
with your change of zone application form.
you have no firm pians of subdi,, -c the sublect area,
do you intend to:
�. Sell or lease the land to someone who has
pians
b. Sell or lease the land to someone who has tentative
Dlans?
Sell or lease the land to someone who has ro plans?
a. Keep it?
e. other (please state)
If you intend to do either a, b, or c, please elaborate
on the kind of plans the other party has. Please, also,
include in your answer approximately how soon after
approval of your rezoning do you expect to transfer the
subject land to another party.
3. Do You think that your request and your further plans
for the land will alleviate the local housing situation? YES
How?
SEE ATTACHED COUNTY ENVIRONMENTAL REPORT
4. Are there any buildings on the subject area? YES
If so, what kind?
ONE DWELLING
what do you intend to do with those buildings if your
request is approved?
SELL LOT AND DWELLING AFTER FINAL SUBDIVISION IS APPROVED
Is the subject 'land currently being used
agricultural activity? NO
If so, please list the kinds of aroduc-.s crown and on
how many square feet or acres of land per product.
b• To vour knowledge, has there been any flooding and/or
drainage problem on the subject area? NO
If so, please describe the problem.
7. Do you think that the roads leading to the subject area
needs improvement? NO
If so, what kind?
Is the road adequate for the proposed traffic volume
or load? YES
B• What sort of governmental assistance and/or imorovements
do you feel will be needed in the subject area when
developed?
yes HQ
a. Schools NO
b. Roads NO
_ . Sewer NO
d. Drainage NO
police Protection NO
-3-
Yes YLC
Fire Protection NO
g, Recreational Facilities NO
h. Public Utilities NO
1. other NO
For those checked "yes," please elaborate what type or kinds c=
improvements and/or assistance are needed.
Signature: "�teven S. C. Lim, Esq.
Address: P.O. Box 1720, Kailua-Kona, M 96745
Telephone: 329-6464(935-6644)
Date: September 19, 2003
6337A/50A -4-
n n cion
COURT SYSTEM
P-M=by. MAIL (X ) PICKUP ( ) TO:
i1i EHI PxOP&.STI&S, LLC
75-57q6 Hgnams Plate
#201
Kallo+Kama, B1 96740
TITLE OF DoduMENT:
THIS I., 'SC
_ d47
57
r
L)Pw)'l
��ri�-al7voo
AWAIJI ESCROW a 717L�, i1vC.
REGULAR SYSTEM
7T17 -E NO.: cT-02-272ow
ESCROW NC.: ET -02-2720W
hT Mi OODOY-PTERI
TOTAL NUMH$R OF PAGES: I
TRUSTEE'S LIMITED WARRANTY DEED
PARTIBS TO DQCUZVMNT:
GRANTOR: JULIAN F. GOUVEiA, Truster or the Julian F. Gouveia Trust dated
October 31, 1996, with powers to sell, mortgage, lease, etc, whose mailing
address is P. 0. Box 412, Holusfoa, HI 96725 and RITA 114. COU VEIA, Trustee
of the Rita M Gouveia Trust dated October 31, 1996, with powers to sell,
mortgage, lease, etc., whose mailing address is P. O. Bos 413, Holualoa, HI
%725
GRANTEE: ULUWEI I PROPERTIES, LLC, a Hawaii limited liability company, whose
mailing address is 75-5706 Hanama Place, 9201, Kailus-Kona, Hl 96740
TAX MAP KEY 3) 7-5.017:021 4097469/K15446/12-2-02
TRUSTEE'S LIMITEU WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That JULIAN F. GOUVEiA, Trustee of the Julian F. Gouveia Trust dated
October 31, J996, with powers to sell, mortgage, lease, etc-, whose mailing address is P, O.
Boz 412, Holaloa, HT 96725 and RITA M. GOUVEIA, Trustee of the Rita M Gouveia Trust
dated October3l, 1996, with powers to sell, mortgage, lease, etc, whose mailing address is P. O.
Boa 412, HoltII alox, TTI 96725, hereinafter called the "Grantor", for and is consideration of the sum
ofTEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor
paid by ULU*EM PROPERTIES, LLC, a Hawaii limited liability company, whose mailing
address is 75-506 Hsnama Place, Ir201. Kailun-Kona, AI 96740, hereinafter called the "Grantee",
the receipt whl✓'.reof is hereby acknowledged, do hereby grant, bargain, sell and convey unto the
Grantee all ofthat certain real property designated on the tax maps of the Third Taxation Division,
State ofHawaili as Tax Map Key 7-5-017:021, more particularly descrfoed in Exhibit A attached
hereto and m4 a part hereof, subject to the encumbrances notcd therein.
Ip•OGETI-MR WITH ALL and singular the buildingz,improvements, rights,
tenements, her�editatnents, easements, privileges and appurtenances thereunto belonging or
appertaining or�held and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the Grantee, as its sole and separate
property, its s Iccessors and assigns, in fee simple forever.
AND THE SAID GRANTOR does hereby covenant withthe Gtant_ethat the Grantor
is lawfully seised in fee simple of said granted premises and that the said pr=ises are free and clear
of all encumbrances made or suffered by said Trustee, except as aforesaid, and except for
assessments fo real property taxes. And the said Grantor further covenants and agrees that the
Grantor has goo'Id right to sell and conveythe said premises in the manner aforesaid; that Granto r will
WARRANT AP D DEFEND the same unto the Grantee against the lawful claims and demands of
all persons clai&dag by, through or under said Trustee, except as mentioned hereinabove or
hereinafter.
2
GRANTOR is conveying the subject property to GRANTEE in a strictly "as is, where
is, with all faults and defects, without any expressed or implied warranties or guarantees as to the
condition, us�, history, fitness, cr structural soundness of the property".
`
TRUSTEE NOT PERSONALLY LIABLE. This instrument has been executed by
and , in their. duciary capacity as said Trustees, and not in their individual capacity. No personal
liability or obl1tIrgation under this instrument shall be imposed or assessed against said Trustees in
their individual capacity.
The parties hereto agree that this instrument may be executed in counterparts, each
of which shalq be deemed an original, and said counterparts shall together constitute one and the
same agmeme lust, binding all of the parties hereto, notwithstanding all of the parties are not signatory
to the original ' r the same counterparts. For all purposes, including without limitation, recordation,
Filing and delicry of this instrument, duplicate unexecuted and unacknowledged pages of the
counterparts ujay be discarded and the remaining pages assembled as one document.
IIT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when
I
used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or
phnal trumber, individuals, associations, trustees, corporations or partnerships, and their and each
of their respective successors in interest, heirs, executors, personal representatives, administrators
and permitted 4signs, according to the context thereof, and that if these presents shall be signed by
two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all
purposes deemeId to be their joint and several covenants.
IIN D' SS WHEREOF, the Grantor has executed these presents on this
� day of 2002.
J'[IL1AN F. GOL'VE1A4 Trustee of the Julian F.
Gouveia Trust dated October 31, 1996
I
APPKOVED � TO FORM
CARL MIH AL1, LLP
BY
111-C"
4
lie
JTA M. GOIIVEIA, Trustee of the Pita 7VL
Gouveia Trust dated October 31, 1996
STATE OF HAWAII )
ss,
COUNTY OF �iAWAII )
Pn this. ymen I day of 2002, before me personally appeared
XULIAN F. GUUVEIA, Trustee of the Julian F. Gouveia Trust dated October 31, 1996, to me
known (or proqed to me on the basis of satisfactory evidence) to be the person described in and who
executed the f9regoing instrument, and acknowledged to me that he executed the same as his free
act and deed, 4 such Trustee. -1-1)
STATE OF HAWAII.
COUNTY OF HAWAII
ss.
Public
expires: Z10a(
i
on this 41 day of 2002, before me personally
appeared RIT4 M. GOti VELA, Trustee of the Rita M. Gouveia Trust dated October 31,1996,
to me known (or proved to me on the basis of satisfactory evidence) to be the person described in
and who executed the foregoing instrument, and acknowledged to me that she executed the same as
her free act anq deed, as such Trustee.
omission expires:-711tZ.�
S
Wyllftwam
PARCEL 4
PORTION OF R, P. 7819, L. C. AWARD 8559-13,
APANA 8 TO WM. C. LUNALILO
LOCATED IN PUAPUAANT.TL NORTH KONA, HAWAII
(SEE CERTIFICATE OF BOUNDARIES NO. 159 FOR
ORIGINAI, MAGNETIC SURVEY NOTES)
yam-
,3EGTNNWG AT A PIPE AT A STONEWALL T1N7ERSECTION AT THE
NORTHEAS! CORNER OF THIS PARCEL OF LAND AND ON THE WESTERLY SME OF
THE KAILI ,d41OLUALOA ROAD, THE COORDINATES OF SAID POINT OF BEGINNING
REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "KARELO" BEING
1,775.08 FEET NORTH AND 7,869.60 FEET EAST, AND RUNNING BY AZTMUTI•fS
MEASURED 4OCKWISE FROM TRUE SOUTH:
1_ 70 134' 70.60 FEET ALONG THE WESTERLY SIDE OF A
ROAD AND UTM=EASEMENT AND ALONG
A STONEWALL TO A "+" CUT 1N SOLID
PAFIOEHOE;
2. 13° 1 49' 50" 524.26 FEET ALONG THE WESTERLY SIDE OF A
ROAD AND UTILITY EASEMENT TO A PIPE ON
THE NORTHERLY BOUNDARY OF A HOUSE
LOT OWNED BY fULIAN F. GOUVETA;
750 :41' 30" 233.71 FEET ALONG THE NORTHERLY BOUNDARY
OF SAID HOUSE LOT TO A PIPE; THENCE
ALONG THE REMAINDER OF R P. 7819, L. C,
AWARD 8559-B, APANAS TO WM. C. LUNALILO
FOR THE NEXT THREE (3) COURSES;
4. 1720
131'
161.88
FEET TO A PTE;
5. 820
! 42'
694.33
FEET TO A PIPE:
F,XHIBIT "A"
Page 1 or
6.
1610 20'
185.49
FEET TO A °+" CUTIN SET -STONE ON THE TOP
OF A STONEWALL INTERSECTION; THENCE
ALONG THE M`WDL.E OF AN OLD STONEWALL
ALONG THE SOUTHERLY BOUNDARY OF
R. P. 6716, L. C. AWARD 4887, PART 2 TO
THOMAS SAMS FORTHENEXT EIGHTEEN (18)
COURSES, ALL ANGLE POINTS BE11NG
MARKED BY GALVANIZED NAILS DRIVEN IN
SET -STONES ON TOP OF THE STONEWALL
UNLESS OTHERWISE NOTED HEREIN;
7,
2450
29'
30"
96.86
FEET;
8.
2250
132'
10"
81.03
FEET;
9.
232'
i 4T
10"
39.17
FEET;
10.
220°
48'
45"
24.55
FEET;
11.
250°
1
149'
30"
42.37
FEET;
12.
253°
I
:]1.
145.66
FEET;
13.
3160
148'
I
45"
21.69
FEET;
14.
243'
148'
116.45
FEET;
15.
2530
i
44'
50"
52.97
FEET;
16,
2660
38'
50"
100.46
FEET;
17.
2460
123'
10"
129.72
FEET;
18.
151'
19'
I
15"
46.07
FEET;
19.
3269
00'
30"
27.33
FEET;
20,
2990
10'
50"
42.30
FEET;
21.
2250
i
'12'
40"
102.17
FEET;
22.
2560
'19'
30"
46.06
FEET;
EXHIBIT "A"
Page 2 of 4
Z3. 263°
24. 255°
30' 7-0" 34.83 FEET;
Z' 3o^ 118.06 FEET TO THE POINT OF BEGINNING AND
CONTAIN NG AN ARF -A OF 9.095ACRES, MORE
OR LESS.
BEING THE LAND CONVEYED TO THE GRANTEE BY THE FOLLOWING:
WARRANTY DEED,
GRANTOR
JULIAN F. GOUVEIA AND RITA M.
GRANTEE
GOUVEIA, HUSBAND AND WIFE
GRANTEE
JULIAN F. GOUVEIA, TRUSTEE OF THF.
JULIAN F. GOUVEIA TRUST DATED
OCTOBER 31, 1996 AND RITA M.
GOUVEIA, TRUSTEE OF THE R1TA M.
GOUVEIA TRUST DATED OCTOBER 31,
1996, AS TENANTS IN COMMON, AS TO
AN UNDIVIDED EIGHT-NINTII (8/9TH
INTEREST.
DATED
DECEMBER 31, 1996,
RECORDED
JANUARY 10, 1997, AS DOCUMENT
NO. 97-005678, IN THE BUREAU OF
CONVEYANCES.
2. QUITCLAIM DEED,
GRANTOR
ARTHUR ZACKULAR, A WIDOWER.
GRANTEE
JULIAN F. GOUVEIA, TRUSTEE OF THE
JULIAN F. GOUVEIA TRUST DATED
OCTOBER 31, 1996, WITH POWERS TO
SELL, MORTGAGE, LEASE, ETC., AND
RITA Ni GOUVEIA, TRUSTEE, OF THE
RITA M. GOUVEIA TRUST DATED
OCTOBER 31, 1996., WITH POWERS TO
SELL, MORTGAGE, LEASE, ETC., AS
'TENANTS IN COMMON.
DATED
APRIL 16, 1999,
RECORDED
APRIL 20, 1999, AS DOCUMENT
NO. 99.061026, IN THE BUREAU OF
CONVEYANCES.
EYJilB1T "A"
Pnge 3 of 4
QUITCLAIM DEED,
GRANTOR
SUSAN CARTER, A -N ARRIF-D WOMAN.
GRANTEE
JULIAN F. GOUVEIA>, TRUSTEE OF THE
JULIAN F. GOL-VELA TRUST DATED
OCTOBER 31, 1996, WITH POWERS TO
SELL, MORTGAGE, LEASE, ETC., AND
RITA M. GOUVEIA+, TRUSTEE OF THE
RITA M. GOUVEIA TRUST DATED
OCTOBER 31, 1996, WITH POWERS TO
SELL, MORTGAGE, LEASE, ETC., AS
TENANTS IN COMMON.
DATED
MAY 11, 1999,
RECORDED
MAY 14, 1999, AS DOCUMENT
NO. 99-077244, IN THE BUREAU OF
CONVEYANCES.
,SUBJECT, HOWEVER TO:
1. TITLE TO ALL MIN-ERALS AND METALLIC MINES RESERVED TO THE STATE OF
HAWAII.
2, CLAIMS ARISING OUT OF NATIVE HAWAIIAN RIGHTS CUSTOMARILY AND
TRADITIONALLY EXERCISED FOR SUBSISTENCE, CULTURAL, RELIGIOUS,
ACCESS. WATER OR GATHERING PURPOSES AS RESERVED, EXISTING OR
ESTABLISHED UNDER THE CONSTITUTION, LAW AND USAGE OF THE STATE
OF HAWAII.
g. EA$ ,NJE 1 "A-1" (20 FEET WIDE) FOR ROADWAY AND UTILITY PURPOSES AS
SHOYV* ON TAX MAP.
"I MTT "A"
Page 4 of 4
Fee Owners and/or Applicant's Letter of Authorization
Tax Map Key: (3) 7-5-017: 021
District of North Kona
Island, County and State of Hawaii
The undersigned are the authorized representative fee owners of and/or applicants
for the real properties above -identified, and hereby authorizes the law fum of Carlsmith Ball
LLP, to apply for, execute and process any and all County, State and federal governmental
permit applications, and to participate in proceedings related to said real properties.
This authorization may be signed in counterparts, each of which shall be
considered an original, and the counterparts shall together constitute one and the same
authorization. A photostatic or facsimile copy of this executed authorization shall also be
considered as effective and valid as the original.
LO
PROPERTIES INC.
Its Authorized Representative
Mailing Address: 75-5706 Hanama Place #201
Kailua-Kona, HI 96740
DATED: 3
4827-9192-6784.I.000S SL -00001
COUIVTYENT7R0NMENT9L REPORT
STATE LAND USE DISTRICT BOUNDARYAMENDMENT, and
CHANGE OF ZONE APPLICATIONS
Portion of R.P. 7819, L.C. Award 8559-B
Apana 8 to Wm. C. Lunalilo
at Puapuaanui, District of North Kona, Hawaii
TMK: (3) 7-5-017: 021
Prepared for: ULUWEHI PROPERTIES LLC
Prepared by:
Steven S.C. Lim
Carlsmith Ball LLP
121 Waianuenue Avenue
Hilo, Hawaii 96720
Telephone: (808) 935-6644
September 2003
4830-771 3-94;6.1
PROJECT DESCRIPTION
1.1 SUMMARY OF REQUEST
Uluwehi Properties LLC., hereinafter referred to as the `'Applicant" is seeking a State
Land Use District Boundary Amendment (SLUDBA) from "Agricultural" to "Urban" and a
Change of Zone from the current Agricultural 5 -acre (A -5a) to the Single Famih Residential -
15,000 square feet (RS -15) zone district to allow the development of a single family residential
subdivision of 21 single-family lots hereinafter referred to as the "Project" within a 9.095 acre
parcel located in Portion of R.P. 7819, L.C. Award 8559-B, Apana 8 to Wm. C. Lunalilo
at Puapuaanui, District of North Kona, Island and County of Hawaii, and identified as Tax Map
Key: 7-5-017: 021 hereinafter referred to as the "Property". (See Exhibits A & B)
The Property is situated on the west (makai) side of Hualalai Road approximately 1,600
feet south of the Hualalai Road/Hienaloli-Kahului Road intersection and on the mauka side of
the Pualani Estates subdivision. Assuming approval of these land use applications, the Property
would be subdivided into lots ranging in size from15,000 square feet (16 lots) to approximately
21,900 square foot lots (5 lots). One (1) house is situated on proposed Lot No. A-6.
Uluwehi Properties Inc. is the fee owner of the Property. A letter of Authorization from
the Applicant is attached to the Application forms to allow Carlsmith Ball LLP to represent the
Applicant on these land use permit applications. A copy of the recorded deed dated December
5th, 2002 as Document No. 2002-217000 showing of the ownership has also been included as
part of both applications.
The Property is not located within the County Special Management Area (SMA) which
extends from the shoreline to Kuakini Highway.
The Property is presently designated for Low Density Urban Development on the Land
Use Pattern Allocation Guide (LUPAG) Map of the County General Plan. As such, the Project is
consistent with the County General Plan. 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 Property is located within the Puapuaanui ahupuaa, mauka of the Hawaii Belt Road,
approximately 2,100 feet from the entrance to the proposed Pualani Estates Single Family
Residential subdivision. Access to the Project will be via a 20 foot wide access and utility
easement having a 16 foot wide pavement from Hualalai Road. and from the Hualalai Heights
subdivision whose north -south roadway which will connect to the Mauka-Makai main road from
the Hawaii Belt Road to Hualalai Road through the Pualani Estates Subdivision development and
be built to County dedicable standards to be dedicated to the County of Hawaii. The location
and regional context of the Project area are shown in Exhibit A (Regional Location Map of
1830-7713-9156.1 - 7 -
Property), Exhibit B (Tax Map Key Map of Property) and Exhibit C (Preliminary Subdivision
Map for the Project) and the following table summarizes the land use status of the Project land.
Table 1
LAND USE STATUS
Tax Map Key:
State Land Use:
County General Plan (LUPAG)
Hawaii County Zoning
County Special Management Area:
1.2 PROJECT OBJECTIVES
(3) 7-5-017: 021
Agricultural
Low Density Urban Development
Agricultural (A -5a)
Not Within the SMA
The Applicant intends to develop the Property to connect with the adjacent Single Family
Dwelling Residential development of Hualalai Heights to the south that is within the County's
Single Family Residential 20,000 square feet (RS -20) zone district. The conceptual site plan for
the Project shows a proposal for a 21 -lot subdivision with lot sizes ranging from 15,000 square
feet to 21,900 square feet in size. The accesses to the Property will connect with the North-
South Collector road, which will connect to the Mauka-Makai main road from the Hawaii Belt
Road to Hualalai Road through the Pualani Estates Subdivision development and from the
adjacent Hualalai Heights Cluster Plan Development Single Family Residential Subdivision to
the south of the Property. The Hualalai Heights Cluster Plan Development Single Family
Residential Subdivision is presently being reviewed by the County Planning Department under
Subdivision No. 2002-0071 for a 28 lot subdivision, 1 lot of which is to be dedicated for park
purposes, and one (1) lot to be dedicated to the Department of Water Supply. The Applicant
intends to develop the proposed 21 -lot subdivision based upon strong demand and market for
these types of single family residential lot sizes in this particular area of North Kona. Over the
years, residential sales within the Kailua-Kona urban center and Resort area have been relatively
strong, due in large part to the well-planned resort -residential community environment, the range
and quality of residential products being offered, and the wealth of nearby commercial and
recreational amenities. The Project is intended to help meet the growing demand for single
family residential lots in the Kailua-Kona urban center and Resort area and allow for the
expansion of an existing and pending adjacent subdivisions in an orderly and cost-effective
manner.
4330 -7713 -94i6 -I _ 3 _
Being adjacent to the pending Hualalai Heights subdivision and mauka of the Pualani
Estates subdivision, the Project offers the advantage of being adjacent 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 existing single family residential subdivisions, to include a high level of site
amenities that will be complementary with the development in the area.
This County Environmental Report has been prepared according to the requirements of
Section 25-2-42 of the Hawaii County Code, and has been prepared in support of the Change of
Zone and State Land Use Boundary Amendment applications for the Project.
1.3 EXISTING LAND USE
The Project site is currently vacant and heavily vegetated. Nearby lands to the north are
vacant. Lands to the east, west and south are, or be will developed with Single Family
Residential development.
Kailua-Kona is the urban center for West Hawaii and includes several hotels, multi-
family and single family residential projects, several commercial shopping centers and Federal,
State and County public facilities. The Project is consistent with the existing and proposed uses
within the Kailua-Kona urban center and Resort area, and will complement the adjacent land
uses.
1.4 DEVELOPMENT PROGRAM
The Project, as shown in Exhibit C, will contain twenty one (21) single-family
residential lots adjacent to the pending Hualalai Heights Cluster Plan development Single family
residential subdivision and mauka of the Pualani Estates single family residential subdivision.
The lots will range between 15,000 square feet to 21,910 square feet in size, and the primary
access to the proposed 21 -lot subdivision will be through the dedicated north -south connector
road which will connect to the Mauka-Makai main road from the Hawaii Belt Road to Hualalai
Road through the Pualani Estates Subdivision Development. Another access is proposed for the
21 -lot subdivision from Hualalai Road via a 16 foot wide paved private road within a 20 foot
wide access and utility easement.
The Applicant will be providing lot products within the Project. The Project site will be
developed in a manner that is responsive to the site characteristics and surrounding uses.
1.5 DEVELOPMENT TIMETABLE
Assuming approval of the State Land Use Boundary Amendment and Change of Zone
from the County Council, the Applicant will submit Subdivision plans within approximately two
4830-7713-9486 1 - 4 -
months. Construction of subdivision infrastructure would be completed within 6 months of final
subdivision approval. Based on current market conditions. the Project lots are expected to be
developed and sold over an approximately one-year period.
1.6 ESTIMATED INFRASTRUCTURE & SITE DEVELOPMENT COSTS
The estimated order of magnitude costs for infrastructure elements, which include site
preparation, sewer, water, drainage, and power, communication utility improvements for this 21
lot proposed subdivision is approximately $1,000,000.00.
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 southwest slope of Hualalai Volcano, overlooking Kailua-Kona, the
Project area is situated on remnants of lava flows from Hualalai that are covered by a very thin
layer of rocky, organic soil. The Property elevations range from approximately 550 feet above
mean sea level at the makai boundary, to approximately 720 feet above mean sea level at the
mauka 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 and Agricultural Potential
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, which systems 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 al. 1965), where "A" represents the
highest rating and "E" the lowest, the soils within the Project site consist of "E" (Very Poor)
soils, which are considered marginally suitable or unsuitable for agricultural purposes. None of
the subject lands are categorized as "A", or "B" soils, which are considered important for
agricultural purposes under Hawaii Revised Statutes Chapter 205 (State Land Use Law).
4830-7713-94.6-i _
Soil Survev
Soils on the site are identified by the Soil Survey ofthe Island of Hatt aii (USDA -SCS
1973) as Waiaha extremely stony silt loam, as described below.
WHC Waiaha extremely silt loam, with 6 to 12 percent slopes. This soil is low on the
leeward side of Hualalai and Mauna Loa. 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 bed rock. The surface layer is slightly acid. The subsoil is
neutral to mildly alkaline. Permeability is moderately rapid. runoff is slow and
the erosion hazard is slight. Roots can penetrate to bedrock.
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. None of the land within the Project site is designated as "prime" or "unique" or
"other important" agricultural lands, by the ALISH classification system.
Agriculture Potential
Due to the generally poor quality of soils within the Project site, the agricultural potential
of the Project lands are expected is 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 is not significant, given the marginal quality of these lands and the
availability 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.
2.1.3 Flora and Fauna
Flora
The property is almost entirely covered with Kiawe , koa haole, monkeypod trees and a
dense growth of introduced grasses and lantana. There are no known rare or endangered plant
life of animal species on the Property or in the near vicinity. In that those plants found on site
are generally alien and introduced species, with an absence of plant species classified as rare,
endangered, or threatened, the overall impact on area flora is expected to be negligible.
4930-7713-94 16.1 _ 6 _
Fauna
Faunal studies conducted in the Project vicinity have observed no resident endemic or
indigenous bird species. Species observed in the Project area and vicinity include the 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 will have no adverse impact on fauna in the area, and 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.
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 State 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 has an existing single family dwelling which was
constructed in 1975 and the remaining area is currently vacant. An archaeological
inventory survey report of the Property was prepared by PHRI Inc. dated April
2003 and submitted to the Department of Land and Natural Resources, Historic
Preservation Division on April 21, 2003. A copy of the archaeological inventory
survey report and letters to the DLNR are included as Exhibit D, E & F. The
Project area contains two sites, Site No. 23791 comprises the historic stone wall
boundaries of the project area, and the features within the walls (the clearing
mounds and modified outcrops) and Site No. 23792, a gun emplacement. The
Conclusion portion of the report states that "Based on the background research and
the negative field results, it is our professional opinion that no sites definitively
reflecting traditional Hawaiian agriculture and occupation are present within the
subject parcel. If such sites once existed on the property, subsequent land
alterations have most likely destroyed them. Numerous scattered and irregular
stone piles, mounds, and modified rock outcrops were encountered; these features
4830-7713-94;6.1 _ 7 _
were interpreted as resulting from historic land -clearing likeh, associated with
cotton cultivation, and perhaps cattle raising. Evidence of limited vegetation
grubbing by bulldozer was also seen in several areas. A WWII gun emplacement
area was also identified, substantiating the historic oral record mentioning such
emplacements in the general area". The General Significance Assessments and
Recommended General Treatment section of the Report states that "The
archaeological remains identified in the current project area were assessed for
significance using the National Register criteria for evaluation, as outlined in the
Code of Federal Regulations (36 CFR Part 60). The DLNR-SHPD uses these
criteria for evaluating cultural resources. Based on the National Register criteria,
the boundary walls, modified outcrops, stone mounds, and the WWII gun
emplacement area are assessed as significant for Criterion D, and determined to be
potentially significant for information content, which defines significant resources as
ones that "...have yielded or may be likely to yield, information important in
prehistory or history." The features have been recorded and described at such a
level as to sufficiently mitigate their possible destruction. No further archaeological
work is recommended in the project area. The evaluations and recommendations
presented within this report have been based on a 100% coverage surface inventory
survey of the project area. Due to the limitations of such a survey, there is always
the possibility, however remote, that potentially significant unidentified surface or
subsurface cultural remains maybe encountered in the course of future development
activities. If such cases, it is recommended that a qualified archaeological
consultant be notified immediately." The Report has been submitted to be
commented on by the Department of Land and Natural Resources, Historic
Preservation Division (DLNR-SHPD) for any appropriate revisions, if applicable. If
revisions are required, they will be done and the revised report will be submitted to
their DLNR-SHPD for their final approval. Based on the above information,
potential impacts to the historical and archaeological resources of the Project area
will be mitigated by the developer pursuant to the approved recommendations of
the consulting archaeologist, in consultation with DLNR-SHPD. It should be noted
that there are no historical sites on the Property that are listed on the Federal
and/or State Register of Historic Sites, or in the County of Hawaii General Plan
Historic Sites element. The inventory survey uncovered no evidence to indicate that
4830-771:-94>61 _ 8 _
any traditional and customary native Hawaiian rights are exercised in the petition
area.
b. The extent to which those resources — including traditional and customarrr 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 conducted on the
Property or being practiced in the area. Therefore, no resources or traditional and
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 or
County Council 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 or around the Project, 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 prepared by PHRI Inc.
dated April 2003 and submitted to the Department of Land and Natural Resources, Historic
Preservation Division on April 21, 2003. A copy of the archaeological inventory survey report
and letters to the DLNR are included as Exhibit D, E & F. The Project area contains two sites,
Site No. 23791 comprises the historic stone wall boundaries of the project area, and the features
within the walls (the clearing mounds and modified outcrops) and Site No. 23792, a gun
emplacement. The Conclusion portion of the report states that "Based on the background
research and the negative field results, it is our professional opinion that no sites definitively
reflecting traditional Hawaiian agriculture and occupation are present within the subject parcel.
If such sites once existed on the property, subsequent land alterations have most likely destroyed
them. Numerous scattered and irregular stone piles, mounds, and modified rock outcrops were
encountered; these features were interpreted as resulting from historic land -clearing likely
associated with cotton cultivation, and perhaps cattle raising. Evidence of limited vegetation
grubbing by bulldozer was also seen in several areas. A WWII gun emplacement area was also
identified, substantiating the historic oral record mentioning such emplacements in the general
4830.7713-94i6_1 -9-
area". The General Significance Assessments and Recommended General Treatment section of
the Report states that "The archaeological remains identified in the current project area were
assessed for significance using the National Register criteria for evaluation, as outlined in the
Code of Federal Regulations (36 CFR Part 60). The DLNR-SHPD uses these criteria for
evaluating cultural resources. Based on the National Register criteria, the boundary walls.
modified outcrops, stone mounds, and the WWII gun emplacement area are assessed as
significant for Criterion D, and determined to be potentially significant for information content,
which defines significant resources as ones that "...have yielded or may be likely to yield,
information important in prehistory or history." The features have been recorded and described
at such a level as to sufficiently mitigate their possible destruction. No further archaeological
work is recommended in the project area. The evaluations and recommendations presented
within this report have been based on a 100% coverage surface inventory survey of the project
area. Due to the limitations of such a survey, there is always the possibility, however remote,
that potentially significant unidentified surface or subsurface cultural remains maybe
encountered in the course of future development activities. If such cases, it is recommended that
a qualified archaeological consultant be notified immediately." The Report has been submitted
to be commented on by the Department of Land and Natural Resources, Historic Preservation
Division (DLNR-SHPD) for any appropriate revisions, if applicable. If revisions are required,
they will be done and the revised report will be submitted to their DLNR-SHPD for their final
approval. Based on the above information, potential impacts to the historical and archaeological
resources of the Project area will be mitigated by the developer pursuant to the approved
recommendations of the consulting archaeologist, in consultation with DLNR-SHPD. It should
be noted that there are no historical sites on the Property that are listed on the Federal and/or
State Register of Historic Sites, or in the County of Hawaii General Plan Historic Sites element.
2.1.6 Natural Hazards
Potential natural hazards to the 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 southwestern 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.
4830-7713-94:6 1 - 10-
The U.S. Geological Survey divides the Island into zones that are ranked from I throuL,.h
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 Zone 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
most recent flow at Keauhou Bay, approximately 5.8 miles distant from the proposed Project
area, is between 300 and 10.000 years old (Sterns and MacDonald 1946).
In addition to lava flow hazard zones, tephra hazard zones (ash fall) have also been
established for Hawaii. (Mullineaux and Peterson, 1974). The Project is in the Tephra Hazard
Zone 4, which indicates that tephra falls from lava fountains, should these occur, may be
frequent, but thin.
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
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 Oualitv
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 Project area
vicinity.
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
3930-7713-93i6.1 - I I -
appears that both State and Federal ambient air quality standards are currentiv being met. despite
the persistent vog.
The 21 -lot Project would increase traffic in the area very slightly, and there 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 coverino
transported materials, water spraying, and planting of ground cover as soon as practical.
Noise Qualitv
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 urban center and surrounding area. Noise levels in the
Project area are primarily influenced by the traffic on Hawaii Belt Road.
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 mauka of the Project site. The Project is located approximately 2,000 feet
mauka of the Hawaii Belt Road and approximately 7,500 feet mauka from the shoreline. It is
situated in an area where topography and vegetation would largely blend the development into
the 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.
2.2 PUBLIC SERVICES AND ENGINEERING REQUIREMENTS
2.2.1 Schools
The Project is a relatively small residential development to be connected to the pending
Hualalai Heights subdivision presently being reviewed by the Planning Department. Based on
recent lot sales anticipated for the Pualani Estates Subdivision, the number of school age children
within the Project is expected to be small and thus the Project is expected to have a minimal
impact on the demand for education services in the region. Schools that may be affected by the
4830-7713-94i6 i - 12-
Project would include Konawaena and Kealakehe High Schools. Kealakehe and Kona
Intermediate Schools and Kahakai Elementary School.
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 1 I 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.
As previously noted, based on anticipated lot sales at the adjacent Hualalai Heights
Single Family Residential subdivision, the Project residents are expected to include a large
portion of retirees and upgrading home buyers. As such, the number of children living in the
Project is expected to be small.
Given the relatively small size of the Project, the socio-economic make-up of the targeted
buyers and adequacy of recreational resources within the Kailua-Kona urban center and Resort
and surrounding area, additional measures to address the need for additional 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 11
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
4s30 -7713-94;b i l3 -
approximately 350 employees. Specialty services offered by Kona Hospital include medical_
surgical. OB/GYN, ICU, emergency room, chemotherap}, psychiatric and long-term care.
Because of the limited size of the Project, it is not anticipated to add signiticantlh 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. 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, will serve the pending Pualani Estates and Hualalai Heights single family
subdivision. The water system is located within the Hualalai Road right-of-way and will
accommodate the Project. The Applicant will be securing the necessary 21 water commitments.
2.2.6 Drainage
The Project area is within the County Department of Public Works, FIRM designation of
"Zone X". Additionally, no natural drainage features are found on site. Because the land and
soil are welled 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 other 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 runoff from road pavements, sidewalks, driveways, and roofs
which 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.
4830-7713-e4se i - 14-
2.2.7 Sewerage System
The Project will have its own individual wastewater systems for each lot that complies
with the State Department of Health requirements for this subdivision.
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
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 from Hualalai Road,
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 from Hualalai Road.
2.2.10 Vehicular Circulation/Traffic
The major roadways serving Kailua-Kona include Hawaii Belt Road, Palani Road,
Kuakini Highway, Henry Street, Makalapua Drive, Kaiwi Street, and Alii Drive. All are directly
connected with roadways serving Kailua-Kona. The Hawaii Belt Road and Queen Kaahumanu
Highway are both State rights-of-way.
4830-7713-9456 I - 15 -
Access to the Project site will be via a 20 foot wide access and utility easement from
Hualalai Road and from the adjacent Hualalai Heights north -south collector roadway which will
connect to the Mauka-Makai main road from the Hawaii Belt Road to Hualalai Road through the
Pualani Estates Subdivision development.
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 are 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."
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 9.095 acre
Property, concurrently with an application for Change of Zone. The proposed boundary
48;0-7713-9-156.1 - 16-
amendment must conform to the Commissions 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 ofpeople, structures, streets, urban levels of services, and other related uses.
Response: The Project will be a complementary extension of the Pualani Estates Single
Family Residential subdivision under construction to the west of the
Property and the adjacent Hualalai Heights single family residential
subdivision now pending approval before the County Planning Department
to the north of the Property. The Project will complement these single
family residential development which are an integral component of the
existing General Plan Land Use Allocation Guide Map (LUPAG) and Kona
Regional Plan for this area. 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 thefollowing specfc
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, which includes commercial shopping centers, residential
developments, public service facilities, and several hotels.
2. Substantiation of economic feasibility by the Petitioner.
Response: Pualani Estates and Hualalai Heights are both single family residential
developments which will be on the market soon, are expected to record
strong lot sales because of the lack of new housing inventory of this size and
nature within this part of the North Kona district. As such, this is a strong
indication that a continued demand for a similar product with associated
amenities is warranted at this particular location. As an extension of a
pending and an single family dwelling subdivision that is under construction,
the incremental costs for the Project to extend the necessary infrastructure
are low when compared to other isolated projects of similar scale, which
further substantiates the economic feasibility of the Project.
3. Proximity to basic services, such as sewers, wafer, sanitation, schools,
parks and police and fire protection.
4830 -7713, -e -i.6 1 - 17-
Response: The Project would complement the existing and under construction Pualani
Estates and pending Hualalai Heights single family residential subdivisions
and thus be an integral component of the surrounding Kailua-Kona Urban
area since 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 and the Kona Regional Plan, which
designate the Project area and surrounding lands as being appropriate areas
for urban 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
General Plan and Kona Regional 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 offloods, 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. The Project area is in
Zone X, outside the 500 -year flood zone according to the Department of
Public Works, Engineering Division FIRM maps. There is no other evidence
of significant natural drainage features within the site. 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 noncontiguous lands, and particularly when indicated for future urban use on the
County General Plan.
Response: The Property is contiguous to existing urban areas that are indicated for
urban expansion development on the County General Plan and, therefore,
merit favorable consideration over noncontiguous lands.
1330-7713-94,6.1 - 18 -
Standard Five (S): It should include lands in appropriate locationsfor 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 Hawaii State Plan which encourages
actions that will promote the orderly development of residential areas
sensitive to community needs and desires of families and individuals;
increase home ownership and rental opportunities and choices in terms of
quality, location, cost, densities, style, and size of housing; 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; and foster a variety of lifestyles
traditional to Hawaii through the design and maintenance of neighborhoods
that reflect the cultures and values of the community. Additionally, the
County General Plan designates the area for urban expansion. The site is
also adjacent to the approved and under construction Pualani Estates and
pending Hualalai Heights single family residential subdivisions.
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 or support services.
Response: As stated in the response to Standard 4, the Property is contiguous with the
existing urban area. Infrastructure lines including water, wastewater and
utility facilities (electrical, telephone, and cable) are already present in the
approved Pualani Estates and pending Hualalai Heights subdivisions and
will extend to include the Project.
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
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 -
0 Goal: A strong, viable economy characterized by stability, diversity, and growth that
enable tbefulfillment of the needs and expectations of Hawaii's present and future
generations.
4830-7713-946 1 - 19-
o Goal: A desired physical environment characterized by beauty, cleanliness, quiet,
stable and natural systems, and uniqueness that enhances the mental and pl{t'sical well
being of the people.
o 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 in the Hawaii
State Plan goals in that 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 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 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 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 and, as
such, allows for basic resident and visitor -oriented development and support facilities. The
4830-7713-946 1 - 70 -
Property is presently designated for Low Density Urban Development on the Land Use Pattern
Allocation Guide (LUPAG) Map of the County General Plan. As such, the Project is consistent
with the County General Plan. In addition. the Project site is situated in an area designated to,-
urban
orurban use on the Kona Regional Plan and is, therefore, generally consistent with the County's
long-range land use plans for the area. As a low- density residential use, the Project is
consistent with this designation and with the overall land use policies of the County General Plan
for Single Family Residential development.
The following is a discussion of the Project's consistency with the specific goals.
policies, and courses of action of the General Plan that are relevant to the Project.
Economic
Goal
o Provide residents with opportunities to improve their quality of life.
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 residents in a well planned and secure
neighborhood environment.
Environmental Quality
Goal
o Maintain and, iffeasible, 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
o Conserve scenic and natural resources.
o Prevent damage to man-made improvements.
o Reduce surface runoff and sediment runoff
Policy
4830-771 1-94i6 - 2I -
o All development -generated runoff shall be disposed of in a manner acceptable to the
Department of Public Works.
Discussion: The Project is a low -profile development that will not affect scenic view
planes in the area. The Project area is within Zone X of the Department of
Public Works, Engineering Division FIRM maps outside the 500 -year flood
zone. Surface water runoff and sedimentation will be minimized by 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.
Historic Sites
Goal
o Protect and enhance the sites, buildings and objects of significant historical and cultural
importance to Hawaii.
Discussion: An archaeological inventory survey report of the Property was prepared by
PHRI Inc. dated April 2003 and submitted to the Department of Land and
Natural Resources, Historic Preservation Division on April 21, 2003. A copy
of the archaeological inventory survey report and letters to the DLNR are
included as Exhibit D, E & F. The Project area being requested for rezoning
in the State Land Use Boundary District Amendment and the Change of
Zone applications contains two sites, Site No. 23791 comprises the historic
stone wall boundaries of the project area, and the features within the walls
(the clearing mounds and modified outcrops) and Site No. 23792, a gun
emplacement. The Conclusion portion of the report states that "Based on the
background research and the negative field results, it is our professional
opinion that no sites definitively reflecting traditional Hawaiian agriculture
and occupation are present within the subject parcel. If such sites once
existed on the property, subsequent land alterations have most likely
destroyed them. Numerous scattered and irregular stone piles, mounds, and
modified rock outcrops were encountered; these features were interpreted as
resulting from historic land -clearing likely, associated with cotton cultivation,
and perhaps cattle raising. Evidence of limited vegetation grubbing by
bulldozer was also seen in several areas. A WWII gun emplacement area
was also identified, substantiating the historic oral record mentioning such
4330-7713-9461
emplacements in the general area". The General Significance Assessments
and Recommended General Treatment section of the Report states that "The
archaeological remains identified in the current project area were assessed
for significance using the National Register criteria for evaluation, as
outlined in the Code of Federal Regulations (36 CFR Part 60). The DLNR-
SHPD uses these criteria for evaluating cultural resources. Based on the
National Register criteria, the boundary walls, modified outcrops, stone
mounds, and the WWII gun emplacement area are assessed as significant for
Criterion D, and determined to be potentially significant for information
content, which defines significant resources as ones that "...have yielded or
may be likely to yield, information important in prehistory or history." The
features have been recorded and described at such a level as to sufficiently
mitigate their possible destruction. No further archaeological work is
recommended in the project area. The evaluations and recommendations
presented within this report have been based on a 100% coverage surface
inventory survey of the project area. Due to the limitations of such a survey,
there is always the possibility, however remote, that potentially significant
unidentified surface or subsurface cultural remains maybe encountered in
the course of future development activities. In such cases, it is recommended
that a qualified archaeological consultant be notified immediately."
The Report has been submitted to be commented on by the Department of
Land and Natural Resources, Historic Preservation Division (DLNR-SHPD)
for any appropriate revisions, if applicable. If revisions are required, they
will be done and the revised report will be submitted to their DLNR-SHPD
for their final approval. Based on the above information, potential impacts
to the historical and archaeological resources of the Project area will be
mitigated by the developer pursuant to the approved recommendations of the
consulting archaeologist, in consultation with DLNR-SHPD. It should be
noted that there are no historical sites on the Property that are listed on the
Federal and/or State Register of Historic Sites, or in the County of Hawaii
General Plan Historic Sites element. Based on the above information, any
potential impacts to the historical and archaeological resources of the Project
area will be mitigated by the developer according to the approved
1330-7713-9156 1
recommendations of the consulting archaeologist, in consultation with
DLNR-SHPD.
Natural Beaury
Goals
o Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
o Protect scenic vistas and view planes from becoming obstructed.
o Maximize opportunities for present and future generations to appreciate and eniov
natural and scenic beauty.
Discussion: Scenic view planes toward the shoreline will not be obstructed by the
subdivision. The Project is located approximately 2,000 feet mauka (east) of
the Hawaii Belt Road and will not impede the views of motorists traveling
along the State right-of-way. Notably, existing topography and vegetation
shield the subdivision from the highway. The Project, approximately 7,500
feet mauka (East) from the shoreline will be visible, but indistinguishable, as
part of the larger regional view of the Kailua-Kona mauka lands.
Natural Resources and Shoreline
Goals
o Protect and conserve the natural resources of the County of Hawaii from undue
exploitation, encroachment and damage.
o Provide opportunities for the public to fulfill recreational, economic, and educational
needs without despoiling or endangering natural resources.
o Protect and promote the prudent use of Hawaii's unique, ,fragile and significant
environmental and natural resources.
o 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 foods, landslides, erosion, siltation,
or failure in the event of an earthquake.
Policies
o 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.
4830-7713-9416 1 -24-
o The shoreline shall be protected from the encroachment of ntan-made improvements and
structures.
Discussion: The Project is located approximately 7,500 feet from the shoreline and is not
anticipated to have any direct adverse impact on the shoreline resources.
The overall Kailua-Kona coastline, however, does provide beneficial
recreational opportunities, such as beach parks and public shoreline accesses
for the general public.
Housing
Goals
o Attain safe, sanitary and livable housingfor the residents of the County of Hawaii.
o Maintain a housing supply which allows a variety of choice.
o 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 replenish the existing
inventory of residential lots in Kailua-Kona. This will allow the market to
have a continued as well as diverse supply of quality Single Family
Residential units. The Project will be constructed in accordance with the
standards and requirements of the Department of Public Works.
Public Utilities
Goal
o To have public utilityfacilities which are designed to f t into their surroundings or
concealed from public view.
Policies
o A systematic program by the County, State and private interests shall identify sources of
additional water supply to ensure the development ofst fficient quantities of water for
future needs of high growth areas.
o All water systems shall be designed and built to Department of Water Supply standards.
o Power distribution shall be placed underground when and where feasible. The Counry
shall encourage developers of new urban areas to place utilities underground.
o Private wastewater treatment systems shall be installed by land developers for
major resort and other developments along shorelines and sensitive higher inland
meas, except where connection to nearby, treathnent facilities is feasible and
4830-7713-W6.1
compatible with the Countv's long-range plans, and in conformance frith 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.
Wastewater treatment shall be in accordance with the requirements of the
State Department of Health.
Recreation
Goals
o Provide a wide variety of recreational opportunities for the residents and visitors of the
County.
o Maintain the natural beauty of recreation areas.
o Provide a diversity of environments for active and passive pursuits.
Policy
o Public access to the shoreline shall be provided in accordance with an adopted program
of the County of Hawaii.
Discussion: The Project does not contain any recreational facilities as a result of the
small size of the development. However, the Kailua-Kona area and coastline
offers recreational opportunities such as boating, swimming and beach
activities, that are available to guests, visitors and Hawaii Island residents.
All of the recreational facilities within Kailua-Kona have been developed to
maintain the natural beauty of the area. Conditions of permit approvals for
all new projects within the Kailua-Kona area include, to some extent,
requirements for beach or shoreline accesses for public use.
Land Use
Goals
o To maximize choices of single-family residential lots and/or housing for residents of the
County.
o 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 is one of several residential projects that will help to replenish
the existing inventory of house lots in the Kailua-Kona area, thus providing a
continued choice of residential units in the area. The approved Pualani
4830-7713-94i6I - 7( -
Estates Subdivision is zoned RS -7.5, with lots between 6,000 and 7,500 square
foot lots. The pending Hualalai Heights is zoned RS -20 with lots sizes of
20,000 square feet. The Project will consist of smaller lot sizes of 15,000
square feet up to 20,000 square feet with the requested RS -15 zoning
designation. These developments will form a quality single family residential
community located within an area served by 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
Land Use Concept map, which designates the Project site and surrounding lands for residential
uses. This is consistent with the Urban District and RS -15 zoning classification being sought.
3.7 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 Single Family
Residential - 15,000 s.f. (RS -15) will be required to allow the development of single-family
residential lots to be incorporated with the adjacent RS -20 Hualalai Heights Subdivision and the
RS -7.5 Pualani Estates subdivision approved by the Planning Department.
3.8 SPECIAL MANAGEMENT AREA
The Property is not within the County's Special Management Area (SMA).
3.9 STATE COASTAL ZONE MANAGEMENT AREA (SCZMA)
State CZMA - Pursuant to HRS, Chapter 205-2, the property is situated within the
State's Coastal Zone Management Area (CZMA). The Project is located approximately
5,000 feet mauka (east) of the shoreline and will not impede the views of the shoreline by
motorists traveling along the State right-of-ways. Notably, existing topography and
vegetation shield the subdivision from the highway. The Project will be visible from the
shoreline (approximately 2,000 feet mauka (East), but indistinguishable as part of the
larger regional view of the Kailua-Kona mauka lands. The Project is located
approximately 8,500 feet from the ocean and is not anticipated to have any direct adverse
impact on the shoreline resources. The Project site is currently vacant and heavily
vegetated. It is occasionally used for grazing. The Project is adjacent to the north of the
pending Hualalai Heights single family residential subdivision and east of the approved
4830-7713-9156 1 - 27-
and under construction Pualani Estates single family residential subdivision. Kailua-
Kona is the urban center for West Hawaii and several hotels, multi -family and sin, -,Ie
family residential projects, several commercial shopping centers and Federal. State and
County public facilities. The Project subdivision is consistent with the existing and
proposed uses within the Kailua-Kona urban center and Resort area, and has been
planned in a manner so as to complement the adjacent land uses. In addition, the General
Plan and the Kona Regional Plan, identify no 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. There are no
recreational resources, historic resources, scenic and open space preserves, coastal
systems, coastal hazards and marine resources or other natural and environmental
resources on the Project or within the surrounding areas that would adversely affect the
objectives and polices of the CZMA. The Project 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 Chapter 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,
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
4830-7711-94ie i - 28 -
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
REDUCEIMPACTS.
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 eliminatin-
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 impacts, or those for which some form of monitoring or compensation for
the environmental impact 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
o adherence to all Federal, State, and County laws, ordinances, rules and regulations
relating to environmental protection, health, safety, and construction.
• early construction of drainage features, where needed, such as berms
• immediate stabilization of any denuded areas through sodding or planting
o application of fertilizers or biocides to landscaped areas only during periods of low
rainfall to minimize chemical runoff
• covering of open vehicles carrying soils, gravel, or other particulate matter
o controlling dust by watering exposed areas and through the use of proper stockpiling
procedures
o protection and preservation of archaeological and historical resources in accordance with
appropriate State and County laws, ordinances, 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
4830-77 13 -94 16 1 - -)9-
environmental impacts, costs, and risks, was performed in order to assess options that mieht
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 unused 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 single family
residential lots for sale in the Kailua-Kona area and under the "no action" alternative, the
additional lots that would be provided through the Project will not be available. No source of
income will be brought to the owner and consequently no increase in govemment 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 not well suited for agricultural use. As described
earlier, soil studies indicate that commercial agriculture on the Project site would not be
economically feasible.
Any alternate use of the Project site other than the proposed single family residential
subdivision, would not be compatible with the General Plan and the Kona Regional Plan. The
Project site is located adjacent to the north of the pending Hualalai Heights single family
residential subdivision and east of the approved and under construction Pualani Estates single
family residential subdivision. In addition, vacant land adjoining the parcel is also designated for
residential uses by the Hawaii County General Plan and the Kona Regional Plan. Finally,
retaining the Project area for agricultural use would deny the public the socio-economic benefits
associated with the Project.
Alternative Locations
There are other vacant or non -committed sites in Kailua-Kona that have the same
favorable site characteristics for residential development as the Project. However, the Project is
adjacent to the north of the pending Hualalai Heights single family residential subdivision and
east of the approved and under construction Pualani Estates single family residential subdivision
and as such, would complement the proposed single family residential development pattern in
the area. Infrastructure to serve the property is already in place to the Project area boundary.
1830-7713-91?b 1
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
homes and roadways would be constructed, as well as the private funds, construction materials
and manpower that will be expanded in development of the land. 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
socioeconomic 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
Countv
• Planning Department
• Department of Public Works
• Department of Water Supply
State
• Department of Land and Natural Resources, Land Management Division
o DLNR, State Historic Preservation Division
• Department of Health
4830-7713-94%,I
Exhibit List
State Land Use Boundary Amendment Application
Change of Zone Application
Applicant: Uluwehi Properties LLC
Owner: Uluwehi Properties 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 Single Family
Residential - 15,000 square feet (RS -15)
Request: To develop a 21lot single family residential subdivision development.
Tax Map Key: 7-5-017: 021
Exhibit A: 11" x 17 " Regional Location Map of
Property in Tax Map Key Form.
Exhibit B: 11" x 17" Tax Map Key Map of Property
Exhibit C: 11" x 17" Preliminary Subdivision Plan
Exhibit D: Final Archaeological Inventory Survey
Report dated April 2003.
Exhibit E: Copy of DLNR-HPD letter Dated May 9,
2003 review and comments on
Archaeological Inventory Survey Report
dated January 2002.
Exhibit F: Copy of letter from PHRI dated May 12,
2003 to DLNR-HPD transmitting Final
Archaeological Inventory Survey Report
dated April 2003.
1823-8920-8064.1 OOOSSL-00001
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4823-8920-8064.1000SSL-00001 - 5 -
Report 2308-041503
Archaeological Inventory Survey
Sugar Cane Lane Subdivision
Land of Puapua`a-nui, North Kona District
Island of Hawaii (TMK:3-7-5-17:21)
BY
Alan B. Corbin, M.A.
Supervisory Archaeologist
PREPARED FOR
Mr. Barrie Parker
Uluwehi Properties, LLC
75-5706 Hanama Place, Suite 201
Kailua-Kona, HI 96740
APRIL 2003
PNHIPaul H. Rosendahl, Ph.D., Inc.
Archaeological • Historical • Cultural Resource Management Studies & Services
HAWAII: 224 Waianuenue Avenue • HB Hawaii 96720 - (808) 969.1763 GUAM: P.O. Boa 23305 - GM.F., Guam 96921 • (671) 472.3117
Contents
Introduction
Survey Objectives and Scope of Work I
Project Area Description 2
Historical and Archaeological Background 2
Settlement Pattern 4
Methods 5
Findings 5
Military Gun Emplacement 7
Conclusion 7
General Significance Assessments and Recommended General Treatments 7
References Cited 9
Figures
Figure I. Project Area, Showing Sites and Features 3
Figure 2. Area of Gun Emplacement 8
Tables
Table 1. Summary of Mounds, Walls, and Modified Outcrops, Site 23791 6
Table 2. Statistical Values for Project Area Stone Mounds and Modified Outcrops • 7
M
INTRODUCTION
This report for the Sugar Cane Lane Subdivision project area has been prepared by Paul H. Rosendahl,
P.h.D., Inc (PHRI) at the request of Mr. Barrie Parker, Manager, Uluwehi Properties, LLC (75-5706
Hanama Place, Suite 201, Kailua-Kona, HI 96740). Uluwehi Properties, LLC is the current owner of the
property and is considering developing the property as a residential subdivision.
The current report is for archaeological inventory documentation of the project area. In August of
2002, PHRI conducted an archaeological assessment survey in the project area (Rosendahl 2002). Based on
the findings of the assessment survey, PHRI submitted a report to the SHPD requesting a determination of
"No Historic Properties Affected" for the project area. The SHPD, however, in a letter dated December 4,
2002 (Log No. 3120; Doc. No. 0211 PM08), denied the request and recommended that an archaeological
inventory survey be conducted in the project area. PHRI subsequently requested a reconsideration of the
SHPD determination, documenting in detail the rationale behind the earlier request for "No Historic
Properties Affected" (letter dated 3 November 2002, to D. Hibbard, SHPD). PHRI also requested the
SHPD, if still requiring an inventory survey in the project area, provide PHRI a written response addressing
the following two items:
I. An explicit and sufficiently specific justification of any required further study of the
parcel through conduct of an archaeological inventory survey; and
2. An explicit, parcel -specific work plan for any such archaeological inventory survey,
including scope of work, specific work tasks, and minimum appropriate level of
effort that will satisfy the regulatory review requirement of the SHPD.
Following this, the SHPD reiterated the necessity for conducting inventory survey -level documentation
of remains found in the project area and provided justification for such a survey (letter dated 4 December
2002; Log. No. 31210, Doc. No. 021 IPM08). The SHPD also provided the requested parcel -specific work
plan for the inventory survey. This plan is outlined in the following section.
SURVEY OBJECTIVES AND SCOPE OF WORK
The basic objectives of the documentation work were to determine the following: (a) the general
nature, extent, and potential significance of archaeological -historical remains that are present, (b) collect
basic documentation data regarding these remains (including basic descriptive information for various
formal and functional feature types, and basic distributional information); and (c) present general
significance evaluations and mitigation recommendations for SHPD review and concurrence. The ultimate
objective of any such subsequent work was to comply with all current historic preservation requirements of
the Hawaii State Historic Preservation Division (SHPD) and the Hawaii County Planning Department in
connection with any subsequent development planning and permit applications.
The following specific tasks were determined to constitute an appropriate scope of work for the
inventory survey. These tasks were formulated based on: (a) discussions with Dr. Ross H. Cordy, SHPD
Archaeology Branch Chief; (b) the specifications contained within the SHPD letter of December 4, 2002;
(c) the findings of the pnor PHRI fieldwork within the adjacent Pualani Estates Subdivision project site and
the subject project area; and (d) our familiarity with both the general project area and the current regulatory
review requirements of the SHPD and the Hawaii County Planning Department.
I . Conduct appropriate background review and research; include in the report a brief
background section focusing on cotton operations and their archaeological settlement
implications;
2. Conduct inventory survey -level basic, simple documentation for each feature type
(stone mounds, historic boundary walls, and modified outcrops) to include a brief
description and an indication of the range of modified outcrops and mounds, and
basic distributional information, e.g., whether the features are evenly spread across
the parcel, or only in one comer. Additionally, document a previously identified
World War H gun emplacement. Evaluate the features identified for significance;
3. Conduct post -field analyses of field data and prepare a final report.
PROJECT AREA DESCRIPTION
The project area is approximately 9.09 acres; it is situated west (seaward) of Hualalai Road, and
immediately adjacent to and east (inland) of the Pualani Estates Subdivision, in the Land of Puapua'a-nui,
North Kona District, Hawai'i Island (Figure 1). The seaward end of the project is approximately 1.33 miles
(2.13 km) inland from the shoreline at Puapua'a Point, and the project area rises in elevation from c. 550 R
(152 m) AMSL at its seaward end to c. 720 ft (220 m) AMSL at its inland end.
For the last 65 to 70 years, the project area has been used primarily for raising cotton and cattle, and
the present vegetation reflects the extensive land clearing and alteration associated with the cultivation of
cotton and subsequent conversion to improved pastureland. With the exception of an occasional example of
the indigenous kukui (Aleurites moluccana [L] Willd.), the present vegetation is largely of exotic historic
period introductions; it consists largely of an overstory of scattered klawe (Prosopis pallida [Numb. and
Bonpl. ExWilld.] HBK), 'opiuma (Pithecellobrium dulce [Roxb.] Benth.), monkeypod (Samanea soman
[Jacq.] Merr.), and koa-haole (Leucaena glauca [L.] Berth.), and a relatively thick ground cover of
predominantly exotic grasses and the shrub lantana (Lantana camara L.).
HISTORICAL AND ARCHAEOLOGICAL BACKGROUND
The principal sources of information utilized here for establishing the historical and archaeological
background for the project area, including information on past land use/alteration, were the following
research reports:
1. Archaeological work conducted by PHRI within the immediately adjacent c. 104
acre Pualani Estates project area — including an inventory survey done in 1988
(Walker and Rosendahl 1988) and subsequent data recovery mitigation excavations
done in 1990-1991 (Graves and Goodfellow 1993);
Historical documentary and oral historical research (Kelly 1983) and archaeological
investigations (Schilt 1984) conducted by Bishop Museum in 1980-1981 as part of
the Kuakini Highway Realignment Corridor Project;
i.
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(PORTION OF 1996 USGS 7.5• QUADRANGLE MAPS,
"KAILUA, MI" ANO KEALANEKUA, III") N �, , .` ` Fea 4-59 ((hr0ughou1 p,Djecl area)
Figure I. Protect Area, Showing Sites and Features
Archaeological work conducted by PHRI during the period 1991-1998 as pan of the
inventory -level survey phase of the Ah'i Highway Phased Mitigation Program —
including several limited inventory -level projects done in 1991-1992 and a major
inventory -level survey of the proposed highway corridor done in 1995-1998. The
cumulative findings of all this research were presented in the three -volume final
report on the survey phase of the mitigation program (Haun et al. 1998, Henry et al.
1998, and Kirkendall 1998);
4. Historical documentary and oral historical research conducted by PHRI in 1996
(Maly 1997a b) as part of the inventory -level survey phase of the Ali'i Highway
Phased Mitigation Program;
5. A synthesis of central Kona archaeological settlement patterns (Cordy 1995)
prepared for and distributed by the SHPD; and
6. Archaeological reconnaissance survey of the subject project area conducted by PHRI
on August 26, 2002.
SETTLEMENT PATTERN
Based on prior archaeological investigations and historical documentary and oral historical research —
both of lands immediately adjacent to the subject project area as well as central Kona — it is possible to
summarize likely former settlement patterns and past land use history for the subject project area. The
parcel is located within the northern portion of the Kona Field System, an extensive archaeological
complex of structural remains evidencing traditional precontact and early historic period dryland
agricultural cultivation, residential habitation, and other occupation activities that extends for
approximately 23 miles (c. 37 km) in central Kona, from at least the Land of Ka'u on the north to the Land
of Honaunau on the south, and inland from the shoreline on the west to forest margin on the lowers slopes
of Hualalai. A major portion of this extensive archaeological complex has been designated in the Hawai'i
State Inventory of Historic Places as Site 50-10-37-6601, which has also been determined by the SHPD to
be eligible for inclusion on the National Register of Historic Places.
More specifically, the subject parcel is situated within the native Hawaiian planting zone of central
Kona referred to as the kaluulu. This zone generally extended from c. 150 to 300 in (490 to 985 ft) AMSL
in elevation, and had an annual rainfall of c. 100 to 140 cm (35 to 50 in). The principal native cultigen in
this zone was the breadfruit tree ('ulu; Artocarpus communis Forst.), which provided a canopy under which
other cultieens — most importantly paper mulberry (wauke; Broussonetia pap Trfera (L.) Vent.) and sweet
potato ('uala; Ipomoea batatas (L.) Lam. — were grown. Aboriginal settlement patterns characterizing this
zone were intensive dryland agricultural exploitation — often with formal field or gardening units (kihapai)
defined by distinctive low stone walls and/or earthen embankments called kva iwi and containing a wide
range of minor agricultural features such as piled stone mounds, modified rock outcrops, low earthen
terraces with stone retaining walls, cleared areas, windbreak walls, and walled enclosures — and associated
but generally dispersed residential occupation — both permanent and temporary habitation, as evidenced by
major structural features such as various walled enclosures and shelters, raised stone and earthen platforms,
and terraces.
4
The aboriginal pattern of settlement was greatly modified, and often replaced, by subsequent historic
period land use activities, perhaps the most significant of which were cattle ranching, and, somewhat later,
dairy farming. Cotton was also grown in the Kona vicinity. However, due to the poor quality of the native
Hawaiian cotton plant called ma 'o (Gossyptum tomentosum), foreign varieties of cotton were required to be
economically successful (Kelly 1983: 82-83).
Although cotton growing was first attempted in the 1830s, it did not become successfully grown until
the 1860s. After about 1926, approximately 400 acres of cotton was being grown in the Hualalai Road area,
south of its junction with the railroad track, at an elevation o"800 or 900 ft. This cotton was then, probably,
.processed at a cotton gin first located below the old railroad track, off the main highway. Later, the cotton
gin was moved above Hualalai Road (Kelly 1983:82-83). Much of the land in the general vicinity of — and
specifically including — the subject parcel was acquired in the mid I 930 by the family of the most recent
landowner, Julien Gouveia of Holualoa. According to Mr. Gouveia (Graves and Goodfellow 1993:9-10),
portions of the land had been leased for many years to the Ashikawa family, who raised cotton for the
commercial market, and most of the irregular stone mounds, terraces, and modified outcrops found
throughout the general area were said to be the result of field -clearing activity associated with cotton
cultivation. This cultivation is said to have continued until as recently as the early 1960s (see Kelly
1983:82-3). Mr. Gouveia also mentioned that during WWII, portions of the general area were used by the
military for gun emplacements, and that after 1950 his family gradually returned the general area to cattle
ranching and pis raising (Graves and Goodfellow 1993:10).
METHODS
On January 291", 2003 PHRI Supervisory Archaeologist Alan B. Corbin, M.A., and PHRI Field
Archaeologist Ellen Markin, B.S., conducted a 100% -coverage pedestrian archaeological inventory survey
of the subject parcel. Overall guidance for the project was provided by PHRI Principal Archaeologist Dr.
Paul H. Rosendahl. Visibility in the project area was hampered by grass about three feet tall. To ensure
complete coverage, pedestrian transects were spaced as closely as five meters apart. In areas of better
visibility, such as in the areas of the numerous cattle paths that crossed the parcel, transects were spaced
about 15 meters apart. All features encountered were measured using a standard Keson Fiberglass
Measuring Tape, and the length, width, and height in meters was recorded. Stone walls encountered on the
boundaries of the project area were located on a map, as was a gun emplacement. Modified outcrops and
mounds were not plotted individually. The outcrops and mounds were very similar in composition and
function; the following criteria was used to determine whether a feature was designated a modified outcrop
or stone mound: if over 50% of the feature consisted of a natural outcrop, it was designated a modified
outcrop. If less that 50%, it was designated a mound.
FINDINGS
No definite archaeological remains indicative of traditional Hawaiian occupation or utilization of any
kind were identified during the current inventory survey, although some of the mounds may be traditional
agricultural clearing mounds added to during the historic period. Two sites were identified in the project
area. Site 23791 comprises the historic stone wall boundaries of the project area. and the features within
the walls (the clearing mounas and modified outcrops). The other site, Site 23793, is a gun emplacement
(Figure 1). The stone walls were designated Features 1-3, these are stacked historic walls composing the
north. west, and south boundaries of the project area. Feature 1 probably corresponds to the boundary
I
etween Puapua'a I and 2. The mounds and modified outcrops were spread out fairly evenly throughout
the project area, no area had significantly more features than any other. The mounds were probably placed
randomly as pan of the cleanng process. Rocks wereplaced on basalt outcrops (modified outcrops) since
the outcrop could not be utilized for planting.
5
The historic record indicates it is probable that the moundsimodified outcroos are likely result of
historic land clearing in association with cotton plantino. However, some of the features may have
originated during prehistoric times and were later built over. The overlay of historic!modetn features on top
of pre -contact features is a common pattern in Kona agricultural lands. Table ! below presents stone
mound, historic boundary wall, and modified outcrop approximate dimensions.
Below, Tabie 2 presents statistical descriptive data (mean, mode, standard deviation, size) on the stone
mounds and modified outcrops.
Table 2. Statistical Values for Project Area Stone Mounds and Modified Outcrops
Dimensions I Mean (m) i Mode (m) $tDeviation
I Thickness 1.01 1 0.75 1 2.23 14.75 025 I 15
l Total 56
SITE 23792 - MILITARY GUN EMPLACEMENT
As previously stated, an informant, Mr. Gouveia, mentioned that during W W7I, portions of the project
area were used by the military for gun emplacements. One such emplacement was encountered, designated
Site 23792, during the course of the project survey (see Figure I for location). The emplacement consists
of a sandy area, the sand presumably brought it to simulate beach conditions. The area is approximately 2.0
by 1.0 meters and is surrounded by bedrock outcrops. At one end of the bedrock area, several medium-
sized basalt rocks have been placed atop the bedrock. Overall, the entire area is about 5.0 m by 2.0 m. The
rocks were probably placed by military personnel as a windbreak, or to simulate a defensive battle position
(Figure l).
CONCLUSION
Based on the background research and the negative field survey results, it is our professional opinion
that no sites definitively reflecting traditional native Hawaiian agriculture and occupation are present within
the subject parcel. If such sites once existed on the property, subsequent land alterations have most likely
destroyed them. Numerous scattered and irregular stone piles, mounds, and modified rock outcrops were
encountered; these features were interpreted as resulting from historic land -clearing likely associated with
cotton cultivation, and perhaps cattle raising. Evidence of limited vegetation grubbing by bulldozer was
also seen in several areas. A WWII gun emplacement area was also identified, substantiating the historic
oral record mentioning such emplacements in the general area.
GENERAL SIGNIFICANCE ASSESSMENTS AND
RECOMMENDED GENERAL TREATMENTS
The archaeological remains identified in the current project area were assessed for significance using
the National Register criteria for evaluation, as outlined in the Code of Federal Regulations (36 CFR Part
60). The DLNR-SHPD uses these criteria for evaluating cultural resources. Based on the National Register
criteria, the boundary walls, modified outcrops, stone mounds, and the WWII gun emplacement area are
assessed as significant for Criterion D, and determined to be potentially significant for information content,
which defines significant resources as ones that "_.have yielded, or may be likely to yield, information
important in prehistory or history." The features have been recorded and described at such a level as to
sufficiently mitigate their possible destruction. No further archaeological work is recommended in the
project area.
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it 'Caao"��'\a 1, ,. � � 1 , e'r t� �--i� i�•., •.;' \'C'� - ,y{�y{'; �' 1 '1� > r �.'.(, I . i` , -��
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.� �,. �\vva�� V I. 1 '. �AI�,�, 1��/� ♦ ��._��1� ������ A(��� 1�j �� \Iv �, � f�.
.r v.' \� \ 11 :. ili\' �. � 1 I /✓/ 7 � I fir'... I ,�'vr �i / �,,.
'} 7� �1.1. , K/ I�/f 'i- .1 ��\\ 1 , _ l� ,•\
�i;��� �.' �.•+' Cyd/ 1 � 1 +,. v �
The evaluations and recommendations presented within this report have been based on a 100%
coverage surface inventory survey of the project area. Due to the limitations of such a survey, there is
always the possibility, however remote, that potentially significant unidentified surface or subsurface
cultural remains maybe encountered in the course of future development activities. If such cases it is
recommended that a qualified archaeological consultant be notified immediatelv.
REFERENCES CITED
Cordy, R.H.
1995 Central Kona Archaeological Settlement Pattems. Department of Land and Natural
Resources, State Historic Preservation Division, Honolulu. (March)
Graves, D.K., and S.T. Goodfellow
1993 The Gardens of Kona Revisited: Pualani Residential Community, Phase II —
Archaeological Data Recovery; Lands of Puapuaa 1st and 2nd, North Kona District,
Island of Hawaii (TMK:3-7-5-17: Por. 28,29). PHRI Report 962-031592. Prepared
for Mr. Robert West, Ronald M. Knoll Consulting Group, Wailuku. (December)
Haun, A. E., J. D. Henry, J. A. Jimenez, M. A. Kirkendall, K. Maly, and T. R Wolforth
1998 Vol. f: Summary. Alii Highway Phased Mitigation Program Phase I —
Archaeological Intensive Survey; North Kona District, Island of Hawai'i. PHRI
Report 1320-052798. Prepared for County of Hawaii; c/o R.M. Towill Corp.,
Honolulu. (June)
Henry, J.D., J.A. Jimenez, M.A. Kirkendall, and A.E. Haun
1998 Vols. IIa, IIb, and IIe: Site Descriptions. Ali'i Highway Phased Mitigation Program
Phase 1 — Archaeological Intensive Survey; North Kona District, Island of Hawai'i.
PHRI Report 1320-052798. Prepared for County of Hawaii; c/o R.M. Towill Corp.
Honolulu. (June)
Kelly, M.
1983 Na Mala o Kona: Gardens of Kona. Departmental Report Series 83-2. Department
of Anthropology, B.P. Bishop Museum. Prepared for Department of Transportation,
State of Hawai'i. (October)
Kirkendall, M.A.
1998 Vol. III: Laboratory Analysis Findings. Ali'i Highway Phased Mitigation Program
Phase I — Archaeological Intensive Survey; North Kona District, Island of Hawai'i.
PHRI Report 1320-052798. Prepared for County of Hawaii; c/o R.M. Towill Corp.,
Honolulu. (June)
Maly, K.
1997a Vol. I: Historical Documentary Research, Oral History Study, and Concluding
Discussion. Ali'i Highway Phased Mitigation Program Phase I(e) — Intensive
Survey: Oral History Component; North Kona District, Island of Hawai'i, PHRI
Report 1359-110196. Prepared for County of Hawaii; c/o R.M. Towill Corp.,
Honolulu. (April)
1997b Vols. IVa and IVb, Informant Interviews. Alii Highway Phased Mitigation Program
Phase I — Archaeological Intensive Survey, North Kona District, Island of Hawai'i,
PHRI Report 1320-052798. Prepared for County of Hawaii c/o R.M. Towill Corp.,
Honolulu. (April)
Rosendahl, P.H.
2002 Request to State Historic Preservation Division for Determination of "No Historic
Properties Affected," Hualalai Heights Parcel, Land of Puapua`a-nui, North Kona
District, Hawaii Island (TMK:3-7-5-17:21). PHRI Report 2245-091402. Prepared for
Uluwehi Properties, LLC.
Schilt, R
1984 Subsistence and Conflict in Kona, Hawaii: An Archaeological Study of the Kuakini
Highway Realignment Cooridor. Departmental Report Series 84-1. Department of
Anthropology, B.P. Bishop Museum. Prepared for Department of Transportation,
State of Hawaii. (June)
Walker, A.T., and P.H. Rosendahl
1988 Archaeological Reconnaissance [Inventory] Survey, Pualani Subdivision, Lands of
Puapuaa 1" and 2nd, North Kona District, Island of Hawaii (TMK:3-7-5-17: Por. 28,
29). PHRI Report 367-041988. Prepared for Pualani Development Company, Kailua-
Kona. (July)
M
EXHIBIT E
4823-8920-8064-1 OOOSSL-00001 _ 6 _
LINDA LINGLE
OQV NON OF XA~
May 9, 2003
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
Dr. Paul Rosendahl
PHRI
224 Waianuenue Avenue
Hilo, Hawaii 96720
Dear Dr. Rosendahl:
HISTORIC PRESERVATION DIVISION
KAKUHIHEWA BUILDING, ROOM 555
601 KAMOKILA BOULEVARD
KAPOLEI, HAWAII 96707
3c
PETER T. YOUNG i
CF0PEFSON
BMRO OF Iµ0.0
NATURAL q'SpROrS
ttlMAS90n On wAiEq gE$pURCE MVNGEIAEh'
DAN DAVIDSON
OERIiI'OIq ECTOR- LAip
ERNEST Y.W. LAU
OEAfT' OwEROR - WAl
/QUATIC RESOURCES
ROATINO ANO OCEAN RECREATION
SUREAU OF CONVEYANCES
COLIRS9ON ON WATER RESOURCE µVMGE Fl
-
CCNSERVATIONANORESOURCESENf Wjl-
ENGINEERING
FORESTRY ANO MI ,FE
HISTORIC PRESEINAT70N
KANOOLA IA/.NO RESERVE CQNSSION
LAND
STATE PARKS
LOG NO: 2003.0510
DOC NO: 0305PM03
SUBJECT: Final Report (PHRI Report 2308-041503): ".Archaeological Inventory
Survey Hualalai Heights Parcel" (Corbin 2003)
Puapua'a, North Kona, Hawaii Island
TNIK: (3) 7-5-17:21
Thank you for your letter of April 21, 2003 and copy of the above referenced report for our
review and comment. The report was revised to respond to the comments in our review letter of
April 8, 2003 (Log No. 2002.0196; Doc No. 0304PM03). Attached to your letter was a copy of
our earlier comments and your response. We appreciate this gesture, it helped to expedite the
review of the revised report.
The revised report has satisfactorily addressed our earlier comments with a couple of minor
exceptions, which we will let pass, however. We do not understand, for example, why the
modern bulldozer push piles were included in the statistical calculations simply because they
represent the same phenomenon (land clearing) as the mounds and modified outcrops. We will
not ask you to revise the report again to address these minor concerns. The report now meets
with our approval.
Two historic sites were identified in the archaeological inventory survey of the 9.09 acre project
area. Site 23791 is a complex of agricultural features, most of which appear to be the result of
land clearance for cotton cultivation. Site 23792 is a World War E gun emplacement. The two
sites have been adequately documented and interpreted per the work pian that was prepared by
our office.
We agree with your significance evaluations. Both sites are significant for their information
relating to historic land use practices under Criterion "d."
RECEIVED MAY 4 2003
We agree with the recommendation for no further work While neither site is worthy of
preservation or data recovery, you may want to advise your client to consider archaeoloeicai
monitoring of the initial grubbing of the parcel.
Would you please mail a copy of the report to our Kona office. -If you should have any questions
abou s project p ease contact our awaii Island archaeologst, Patrick McCoy (692-8029).
Aloha,
P. Holly McEldowney, Acting Administrator
State Historic Preservation Division
c. Chris Yuen, County of Hawaii Planning Department
Kai Embler, County of Hawaii Department of Public Works
PM: amk
EXHIBIT F
4823-8920-8064. I.000SSL-00001
05%16/2003 02:30
PHR
May 12, 2003
Project 2308
206-561-6 .o
Archo
PHRI
PAGE 0
Paul H. Rosendahl, Ph.D., Inc.
Historical • Cultural Resource Management Studies & Services
224 walanuenue Avenue • Hila. Hawaii 96720 • (806) 969.1763 • FAX (808) 961-6998
P.O. Bax 23305 • G.M.F., Guam 96921 • (671) 472-3117 - FAX (671) 472,3 131
Dr. P. Holland McEldowney, Acting Director
State Historic Preservation Division
Kakuhihewa Building, Room 555
601 Kamokila Boulevard
Kapolei, Hawaii 96707
Subeel: Submission for Review
PHRI Report 2308-041503
Archaeological Inventory Survey
Sugar Cane Lane Subdivision
Land ofPuapua'a, North Kana District
Island ofliawai'i (TMK:[3)7-S-17:21)
Dear Dr. McEldowney:
The enclosed report replaces a report sent to you earlier for your review and approval (PHRI Report 2308-
041503. an inventory survey report for Hualalai Heights Parcel in North Kona; PHR1 letter dated April 21, 2003).
The enclosed report is exactly the same as the earlier report, except that the project area is now called the Sugar
Cane Lane Subdivision. Please use this new name for any project correspondence.
Thank you. If you have any questions, please call me at our main Hilo office (808) 969-1763.
Sincerely yours,
C �L-2
Paul H. Rosendahl, Ph.D.
President and Principal
Archaeologist
Encl- One bound copy ofPHRI Reporr 2308-041503
cc: B. Parker. Uluwehi Properties, LLC
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
-75
DATE: October 24, 2003
TO Christopher J. Yuen, Planning Director
Planning Department
FROM Galen M. Kuba, Division Chief c"
h Engineering Division
SUBJECT Change of Zone Application (REZ 03 026)
State Land Use Boundary Amendment Application (SLU 03-011)
Applicant: Uluwehi Properties, LLC
Location: Puapuaanui, N. Kona, HI
TMK: 3 / 7-5-017:021
We reviewed the subject application and our comments are as follows:
DRAINAGE
1. All development generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared, and
the recommended drainage system shall be constructed meeting with the approval
of DPW.
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.
EARTHWORK
1. 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.
ROADWAYS
1. Vehicular access to the individual lots shall not be from any major collector or z.
arterial roadways.
EXHIBIT
6
DPW to Planning Director -REZ 03-026
October 24, 2003
P.2of2
2. Hualalai Road is a County road, classified as a collector. The existing pavement is
18 to 20 feet wide within a variable right-of-way width (approximately 40 -ft. wide in
the vicinity of the proposed project). According to the County's General Plan,
Hualalai Road shall be improved to a 60 -ft. right-of-way. It is substandard based
on width, alignment and roadside hazard clearances. The subject property has
one corner in common with Hualalai Road.
An easement for future road widening shall be provided within the subject
property, to allow widening of Hualalai Road on the subject property side, one-half
the difference between the existing right-of-way width and 60 feet. The easement
area shall be dedicated to the County, at no cost to the County, upon request by
the DPW.
3. If required by the Subdivision Code to be dedicable, the applicant shall construct
proposed roadways to County dedicable standards and dedicate them to the
County, upon request, at no cost to the County. Concrete curb, gutter and
sidewalk shall be provided to maintain consistency with the proposed road section
in adjacent Hualalai Heights (shown as Easement A-3 on the Preliminary Map -
Exhibit C).
4. The private road access to Hualalai Road serving proposed lots A-1 through A-6
including the provision of adequate sight distances, shall meet with the approval of
DPW. The existing pavement is 14 -feet wide. The pavement shall be widened to
comply with the Subdivision Code and drainage improvements made as
recommended by the required drainage report. The approach shall be
reconstructed as necessary to align with Huaai Street and a turnaround shall be
provided, in conformance with the Subdivision Code. The approach grade shall
provide for the future widening of Hualalai Road to 60 -ft., according to the General
Plan.
6. All roadways within the proposed development shall follow the guidelines
incorporated in the Hawaii Statewide Uniform Design Manual for Streets and
Highways or AASHTO. These roadways shall also meet the requirements of DPW
and the Subdivision Code. Install street lights, signs and markings meeting with
the approval of the DPW, Traffic Division.
7. Any vehicular security gate, and path of gate swing, on the private roads serving
the subject subdivision, shall be located a minimum distance of 40 -ft. from any
County road right-of-way.
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
Umnfii Lit (�Ittivali
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street. Room 208 • Hilo. Hawaii 96720-4252
(808) 961-8083 • Fax (8 08) 961-8086
MEMORANDUM
Date October 10, 2003
To : CHRISTOPHER YUEN, Planning Director
From BARBARA BELL, Direct Al
SUBJECT: State Land Use Boundary Amendment Application (SLU 03-011)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties LLC
TMK: 7-5-12:21
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION:
( (,,�No comments
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
l Other:
SOLID WASTE DIVISION:
( ) No comments
( ) Commercial operations may not use transfer stations for disposal.
( ,�) Aggregates and any other construction/demolition waste should be reused to its fullest
extent.
Ample room should be provided for recycling.
(�) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo
transfer stations. Y1
( ) Other:
cc: SWD, WWD G 3977
Harnhim
!•f'•; Barbara Bell
Director
�i Oi Nei
Umnfii Lit (�Ittivali
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
25 Aupuni Street. Room 208 • Hilo. Hawaii 96720-4252
(808) 961-8083 • Fax (8 08) 961-8086
MEMORANDUM
Date October 10, 2003
To : CHRISTOPHER YUEN, Planning Director
From BARBARA BELL, Direct Al
SUBJECT: State Land Use Boundary Amendment Application (SLU 03-011)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties LLC
TMK: 7-5-12:21
We have reviewed the subject application and offer the following recommendations:
DEPARTMENT COMMENTS:
WASTEWATER DIVISION:
( (,,�No comments
( ) Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
l Other:
SOLID WASTE DIVISION:
( ) No comments
( ) Commercial operations may not use transfer stations for disposal.
( ,�) Aggregates and any other construction/demolition waste should be reused to its fullest
extent.
Ample room should be provided for recycling.
(�) Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo
transfer stations. Y1
( ) Other:
cc: SWD, WWD G 3977
4�
LINDA LINGLE CHIYOME L. FUKINO, M
GOVERNOR :, DIRECTOR OF HEALTH
m5
STATE OF HAWAII C ,
DEPARTMENT OF HEALTH
P.O. BOX 916 -:
HILO. HAWAII 96721-0916
MEMORANDUM
DATE: October 22, 2003
TO: Christopher J. Yuen
Planning Director, County of Hawaii
FROM: Aaron A. Ueno
District Environmental Health Program Chief
SUBJECT: State Land Use Boundary Amendment Application (SLU 03-011)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties LLC
Tax Map Key: 7-5-17:21
The development consists of less than 50 lots/dwelling units. The use of individual
wastewater systems is allowed. The type and number of individual wastewater systems
to be used on each lot will be determined by the wastewater rules in effect at the time of
building permit application(s).
Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-
offs from the proposed development need to address the requirements of Chapter 23,
Hawaii State Department of Health Administrative Rules, Title 11, "Underground
Injection Control."
The Army Corps of Engineers should be contacted at (808) 438-9258 to identify whether
a Federal license or permit (including a Department of Army permit) is required for this
project. Pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly
known as the "Clean Water Act"), a Section 401 Water Quality Certification is required
for "[ajny applicant for Federal license or permit to conduct any activity including, but
not limited to, the construction or operation of facilities, which may result in any
discharge into the navigable waters...."
EXHIBIT
__2-
Christopher J. Yuen
October 22, 2003
Page 2
A National Pollutant Discharge Elimination System (NPDES) general pennit coverage is
required for the following activities:
Storm water associated with industrial activities, as define in Title 40,
Code of Federal Regulations, Sections 122.26(b)(14)(i) through
122.26(b)(14)(ix) and 122.26(b)(14)(xi);
b. Construction activities, including clearing, grading, and excavations, that
result in the disturbance of equal to or greater than one (1) acre of total
land area. The total land area includes a contiguous area where multiple
separate and distinct construction activities may be taking place at
different times on different schedules under a larger common plan of
development or sale. An NPDES permit is required before the
commencement of the construction activities.
C. Discharge of treated effluent from leaking underground storage tank
remedial activities;
d. Discharge of once through cooling water less than one (1) million gallons
per day;
e. Discharge of hydrotesting water;
Discharge of construction dewatering effluent;
g. Discharge of treated effluent from petroleum bulk stations and terminals;
Discharge of treated effluent from well drilling activities;
Discharge of treated effluent from recycled water distribution systems;
j. Discharges of storm water from a small municipal separate storm sewer
system; and
k. Discharge of circulation water from decorative ponds or tanks.
The Clean Water Branch (CWB) requires that a Notice of Intent (NOI) to be covered by a
NPDES general permit for any of the above activities be submitted at least 30 days before
Christopher J. Yuen
October 22. 2003
Page 3
the commencement of the respective activities. The NOI forms may be picked up at our
office or downloaded from our website at httl2://www.state.hi.us/doh/ely'cwb/formsigenl-
indea.html.
The applicant may be required to apply for an individual NPDES permit if there is any
type of activity in which wastewater is discharged from the project into State waters
and/or coverage of the discharge(s) under the NPDES general permit(s) is not
permissible. An application for the NPDES permit is to be submitted at least 180 days
before the commencement of the respective activities. The NPDES application forms
may also be picked up at our office or downloaded from website at
Nip7//www state hi.us/doh/eh/cwb/forms/indi v-indexhtml.
Hawaii Administrative Rules, Section 11-55-38, also requires the owner to either submit
a copy of the new NOI or NPDES permit application to the State Department of Land and
Natural Resources, State Historic Preservation Division (SHPD) or demonstrate to the
satisfaction of the
DOH that the project, activity, or site covered by the NOI or application has been or is
being reviewed by SHPD. Please submit a copy of the request for review by SHPD or
SHPD's determination letter for the project.
If you have any questions, please contact the CWB at 586-4309.
W ORD: S LU03-01 I REZ03-026.my
OMA 1rRAFFIC SAFETY CC>A&AUTTEE
77-I 80 KsrcAt PLACE z KAtwA-KONA z HnwAC] 96740 z 805-331-2 765 z ktsc a,.hasca u.rr. co III
pronionng a safe environment for all modes ofland rraosportauun In the dismas of\'orth mud 3ourh I�-onr
October 31, 2003
Chris Yuen, Director
Hawaii County Department of Planning
25 Aupuni Street,
Hilo. Hawaii 96720
Re: Uluwehi Properties LLC Applications for Land Use Boundary Amendment and Change of Zone
Dear Mr. Yuen:
As indicated in my e-mail message to you, we reviewed the subject applications for Land Use Boundary
Amendment from Agricultural (A -5a) to Urban (RS -15) at our October 28 meeting. We understand that
the applicant's conceptual site plan calls for a 21 -lot subdivision with primary access through a
dedicated north -south connector road that will connect to the mauka-makai main road from the Hawaii
Belt Road (Hwy 11) to Hualalai Road through the Pualani Estates subdivision. The applicant also
proposes a second access from Hualalai Road via a 16 foot wide paved private road within a 20 -foot
wide easement.
Our committee is concerned that, though relatively small, the development will, when combined with
other nearby developments, add greatly to construction and, eventually, automobile and school bus
traffic to Hualalai Road, a winding, narrow, two-lane road, and the only mauka-makai road in the area.
In addition, the traffic will have to go through both the Pualani Estates and Hualalai Heights
subdivisions, which will create safety concerns in those residential neighborhoods.
We also predict that some of the makai bound Hualalai Road traffic will detour to Queen Kaahumanu
Highway through Pualani Estates. Did the state know this was coming when approval for highway
access was granted to Pualani Estates? Are the buyers in Pualani Estates aware that others will use their
subdivision streets for access to Queen Kaahumanu Highway? They're going to be madder than the
folks in Malulani Gardens are at Lowes! We urge, therefore, that the Planning Department and Planning
Commission evaluate the cumulative effects of all developments in the area on the existing road
infrastructure, and that developers be required to provide adequate infrastructure before home
constriction begins.
Sincerely yours,
Joel E. Gimpel, Chair
Government Relations
Kona Traffic Safety Committee
EXHIBIT
F
Hawaii Electric Light Cor ^ny, Inc. • PO Sox != • — 9., --
October
., --
October 17. 2003
Planning Department
Attn: Mr. Christopher J. Yuen, Planning Director
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Gentlemen:
"� bject: U'Itjweni Propeflies LLL.
Change of Zone A -5A to RS -15 (9.095 Acres)
TMK: 7-5-17:21
Thank you for the opportunity to review the subject application.
We do not have any objections to the subject request and have the following general comments:
1. The subject area is currently served by our three-phase 12,470 -volt distribution system
from our Keauhou Substation, which has adequate transformation capacity to serve the
proposed project.
2. HELCO's current system peak load is 177,900 KW and our total generation system
capability is 233,700 KW. Our reserve margin is 31% and has adequate generation to
serve the project.
3. We strongly recommend that energy efficient and conservation features suitable to reduce
the peak electrical demand are part of the development's plans. We recommend that this
development take full advantage of waste heat recovery equipment to recycle and reuse
the waste heat rejected by air conditioning and refrigeration equipment. If this equipment
is incorporated in the development's original design, the amount of energy required will be
substantially reduced.
4. A remote meter reading option is now available using the electrical lines as communicatior
medium to a central master receiver at the substation. This option will require additional
equipment in the HELLO meters and the substation. A cost estimate for this option may
be requested from the Engineering Department.
Should you have any questions, please contact me at (808) 969-0321 or Hal Kamigaki at
(808) 969-0322.
Sincerely,
CHN:HK:In
CC: H. Kamigaki
S. Tomita
Clyde H. Na a, P.E.
Manager, Engineering Department
EXHIBIT
F
CARLSMITH BALL LLP -
A LIMITED LIABILITY LAN' PARTNERSHIP
121 WAIANUEV'UT AVENUE
P.O. Box 686
HILO, HAWAII 96721-0686
TELEPHONE 808.935.6641 FAx808.935.7975
WWW.CARLSMITFI.COM L
SLIMLaCARLSMITELCOM
October 22. 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: NORMAN HAYASHI
? lM
Re: Applicant's Response to HELCO, Department of Environmental Management,
Police Department, State Department of Health and Department of Public Works
Comments
State Land Use Boundary Amendment Application (SLU-03-011)
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties Inc.
Tax Man Kev: 7-5-017: 021
Dear Chairperson Galdones & Mr. Yuen:
We have enclosed the Applicant's response to the above -referenced agencies
comments for your information:
Hawaii Electric Lieht Companv Inc., Memorandum Dated October 17, 2003:
Applicant's Response:
We acknowledge HELCO's comment with respect to the availability of adequate
generation for the proposed development. Although the Applicant will not be developing the
individual homes on the property, the Applicant will make an effort to place HELCO's
recommendations relating to waste heat recovery and remote meter reading as options into the
CC&R's for the proposed development, should it be placed as a condition of approval of the
Change of Zone application. �+ • ��
HONOLULU KAPOLEI HILO KONA MAUI EuA H1/'I 11AT LOS ANGELES WASUINGTON, D.C.
vl
Mr. Christopher J. Yuen, Planning Director
October 22, 2003
Page 2
Department of Environmental Management Memorandum Dated October 10 2003•
Applicant's Response:
The Applicant will comply with the comments of the Department of
Environmental Management regarding construction and demolition waste, rec_ycline, and
disposal of green waste in the development of this proposed subdivision.
Police Department Memorandum Dated October 20, 2003:
Applicant's Response:
The Applicant will work with the Department of Public Works, Engineering
Division with respect to the any turning lanes at this section of the Hualalai Road as to its
feasibility, and if it will meet the Department of Public Works sight distance and road width
requirements.
State Department of Health Memorandum Dated October 20, 2003:
Applicant's Response:
The Applicant will comply with all of the requirements for individual wastewater
systems for this proposed single family residential development as well as comply with any other
applicable requirements as stated in their comments on this proposed Change of Zone
Application.
Department of Public Works Memorandum Dated October 24, 2003:
Applicant's Response:
The Applicant intends to work with the Department of Public Works, during the
Subdivision design stage and comply with applicable requirements regarding the access and
roadway improvements for the proposed development in this Change of Zone Application.
We hope that this response adequately addresses the issues by the above -
referenced agencies and look forward to your support for the above -referenced project.
Should you have any questions, please call me.
Very rs,
Steve S.C. Li
SSL:rhy
cc: HELCO, DPW, DOH, DEM, Police
Ian Joye, Uluwehi Properties LLC w/ enclosures
4840-6241-1776.1-052941-00002
CARLSMITH BALL LLP
A LIMITED LIABILITi LAKPARTNERSHIP
.� �� �� 121 WAUANIIENUE AVENGE
P.O. Box 686
FLLO, HAWAII 96721-0686
TELEPHONE 808.935.6644 FAX 808.935.7975
W6VW.CARLSMrrH. COM
SLIM@CARLSMITH.COM
October 22, 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: NORMAN HAYASHI
Re: Applicant's Response to State Department of Transportation and Kona Traffic
Safety Committee Comments
State Land Use Boundary Amendment Application (SLU-03-01 1)
Change of Zone Application (REZ 03-026)
Request: A -5a to RS -15
Applicant: Uluwehi Properties LLC
Tax Man Kev: 7-5-017: 021
Dear Chairperson Galdones & Mr. Yuen:
We have enclosed the Applicant's response to the above -referenced agencies
comments for your information -
State Department of Transportation, Memorandum Dated October 23 2003•
Applicant's Response:
We acknowledge the State Department of Transportation's comment with respect
that the project is not anticipated to have a significant impact on the State Highway facilities.
Kona Traffic Safety Committee, Memorandum Dated October 31 2003•
Applicant's Response:
The mauka-makai collector standard road that will connect Queen Kaahumanu
Highway (Hawaii Belt Road) and Hualalai Road will be a County dedicated roadway and thus
will be open to the general public. This is similar to the proposed Lako Street mauka-makai
HONOLULU - KIPOLEI I Hao KONA NIAUI - GUAII SLIPvN Los ANLF1FS I W ASHINGTON, D.C.
Mr. Christopher J. Yuen, Planning Director
October 22, 2003
Paee 2
connector which will also provide another County dedicated mauka-makai road connector
between Hualalai Road and the Queen Kaahumanu Highway (Hawaii Belt Road). These mauka-
makai road connectors have been required by the County to improve the road infrastructure
within this region. The Applicant's access off of Hualalai Road will only service 6 of the 21 lots
in the proposed single family residential subdivision. The remaining 15 lots will take access off
the County dedicated mauka-makai connector road. As such, the Applicant's proposed 21 lot
subdivision roadway system will be part of the overall traffic infrastructure for this area and its
impact to Hualalai Road will be minimal.
The Applicant is aware of the traffic issues, and has been working diligently with
the Department of Public Works, Engineering Division to ensure that the roadway system for the
proposed 21 lot subdivision will be coordinated with the roadways for the adjacent Hualalai
Heights and Pualani Estates single family residential subdivisions.
We hope that this response adequately addresses the issues by the above -
referenced agencies and look forward to your support for the above -referenced project.
Should you have any questions, please call me.
SSL:rhy
cc: DOT, Kona Traffic Safety Committee
Uluwehi Properties LLC w/ enclosures
4834-1786-52 16.1
MuwehiSLU. duo- l2/3/03
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ULUWEHI PROPERTIES, LLC
STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 03-011)
Upon careful review of the request, the Planning Director is recommending that a
favorable recommendation for the State Land Use Boundary Amendment application be
forwarded to the County Council. This recommendation does not, however, sanction the specific
plans submitted with the application as they may be subject to change given the specific code and
regulatory requirements of the affected agencies. Since this recommendation is made without the
benefit of public testimony, the Director reserves the right to modify and/or alter this position
based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The approval of the reclassification from the State Land Use Agricultural to
the Urban District for approximately 9.095 acres will not be violative of Section 205-
2, Chapter 205, Hawaii Revised Statutes, nor will the reclassification actions be
inconsistent with the Hawaii Land Use Commission Rules, the Hawaii State Plan
and the County General Plan. The applicant is also requesting a concurrent change of
zone from an Agricultural (A -5a) to Single -Family Residential (RS -15) zoned district for
9.095 acres. The applicant intends to subdivide the property into 16 lots approximately
15,000 -square feet in size and 5 lots approximately 21,900 -square feet in size. Plans for
the proposed 21 -lot subdivision will be submitted approximately two months after the
request is approved. The estimated cost of improvements is $1,000,000.00.
According to the Hawaii Land Use Commission Rules, one of the standards for
considering an area for urban reclassification states that "In determining urban growth for
the next ten years, or in amending the boundary, lands contiguous with existing urban
areas shall be given more consideration than non-contiguous lands, and particularly when
indicated for future urban use on State or County General Plans." The subject property
-1-
C- q57 (6i 11-S aU_*,)13) P(
conforms to this standard as it abuts existing Urban designated lands to the south and
west. The reclassification action would also complement the goals, objectives and/or
policies articulated in the Hawaii State Plan by providing future employment
opportunities and improved living standards and stimulating the development and
expansion of economic activities. The request conforms to the Economic and Land Use
goals and policies of the General Plan.
The request also conforms to the General Plan Land Use Pattern Allocation Guide
(LUPAG) Map which designates the area as Urban Expansion Area and Low Density
Urban. 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 area, as surrounding
properties are in residential uses.
The urban classification also conforms to the standard that the development
is within reasonable proximity to centers of trading and employment and to basic
services such as schools, police and fire protection, transportation systems and
water. The subject property is located near Kailua-Kona, which includes commercial
shopping centers, residential developments, public service facilities and hotels, and
thereby conforms with the Land Use Commission Rules which encourages urban
developments in close proximity to existing services and facilities. The project would be
a complementary extension of the Pualani Estates single-family residential subdivision
under construction to the west, and the adjacent Hualalai Heights single-family residential
subdivision to the north currently pending approval by the Planning Department. Access
is available through the proposed Hualalai Heights subdivision road. The applicant has
received authorization to use the proposed roadway. Emergency services are available in
Kailua-Kona, Kealakehe and Kealakekua. Utilities are or will be made available to the
site. All lots will be served by individual wastewater systems meeting with the
requirements of the Department of Health.
-2-
The property has no severe geological or topographical problems which
cannot be properly rectified or which would render the land unusable. The U.S.
Corps of Engineers Flood Insurance Rate Map (FIRM) designates the property as
Zone "Y', areas outside the 500 -year flood plain. The property is located approximately
1.33 miles from the coastline and rises in elevation from 550 feet to 720 feet at its inland
end. The project will increase the surface runoff but 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 properties makai of the site. Thus,
the reclassification meets 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."
Urban Districts shall include lands characterized by "city -like"
concentrations of people, structures, streets, urban level of services and other
related land uses. Lands to the north are zoned A -5a and are vacant. Properties to the
west are zoned RS -7.5, site of the Pualani Estates Subdivision on TMKs: 7-5-41 and 7-5-
42. To the south are properties zoned RS -20 for the pending Hualalai Heights
Subdivision, and the Kona Orchards Subdivision is located to the east on TMK: 7-5-25
and zoned RA -5a. The land uses in the area are a mix of rural -agricultural and residential
uses. The urban area is located to the south and west of the project area. Thus, as urban
uses already exist in the immediate area, the urbanization of the subject property will not
contribute towards scattered urban development.
While the subject property is within the State Land Use Agricultural and
County's Agricultural (A -5a) zoned district, it is not currently being used for active
agricultural purposes. While the property is within the State Land Use Agricultural and
County's Agricultural (A -5a) zoned district, the property is not currently being used for
any active agricultural purposes. According to the applicant, there is a dwelling situated
on proposed Lot A-6 on the subject property. The remainder of the property is vacant
and heavily vegetated. According to the Archaeological Inventory Survey conducted by
-3-
Paul H. Rosendahl, Inc. in April 2003, the property was primarily used for growing cotton
and raising cattle, and the present vegetation reflects the extensive land clearing and
alteration associated with the cultivation of cotton and subsequent conversion to
improved pastureland. The property is Unclassified by the State of Hawaii ALISH Map.
The Land Use Study Bureau's Overall Master Productivity Rating for the soils in the area
is "D" or "Poor". Given the soil characteristics of the property, the potential for more
intensive agricultural uses is unlikely. Therefore, the reclassification of this 9.095 -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.
Furthermore, an Urban classification would conform with the standard which states that
lands 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."
Findings on traditional and customary Hawaiian rights:
Investigation of valued resources: No formal flora/fauna study was submitted.
However, an Archaeological Inventory Survey by Paul H. Rosendahl dated April 2003,
was submitted as part of the application. According to the archaeological survey, two
sites were identified on the property: Site 23791, historic stone wall boundaries and
features within the wall, and Site 23792, military gun emplacement. The property was
previously used for cotton cultivation and cattle raising. The original botanical resources
of the site were removed during the cotton cultivation.
The valuable cultural, historical, and natural resources found in the area:
According to the archaeological survey conducted by Dr. Paul H. Rosendahl in April
2003, no definite archaeological remains of traditional Hawaiian occupation or utilization
were identified during the inventory survey. Two sites were identified in the project area:
Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
-4-
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
In a memo dated November 20, 2003, the SHPD has stated that the project has already
gone through the historic preservation review process; and mitigation has been
completed. Thus, "no historic properties will be affected by this undertaking."
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. With respect to fauna, a change in
habitat may result in a decrease or increase in the number of different species depending
on the habitat preference of the species. The number of cats and dogs could decrease due
to the urban nature of the residential development.
Feasible actions to protect native Hawaiian rights: The property is not proximate
to the shoreline; therefore, gathering of marine life and coastal access is not an issue. It is
not known whether the subject property or immediate surrounding area was previously
used for the gathering of plants by native Hawaiians. In the unlikely event that legitimate
gathering claims are made by native Hawaiians, the applicant should respect and honor
such claims and provide the needed access within the site. To the extent to which
traditional and customary Native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights, and no action is necessary to protect those rights.
Based on the above, the approval of the State Land Use Boundary Amendment from
Agricultural to the Urban District complements the State Land Use District Regulations and is
supportive of the State of Hawaii Plan and the General Plan. Therefore, the Planning Director
recommends a favorable consideration of the State Land Use Boundary Amendment. The
accompanying draft bill to amend the State Land Use Boundaries Map H-7 for the County of
Hawaii is included for your review and approval.
-s-
COUNTY OF FIAWAl"I
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
(PLANNING DEPARTMENT)
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7 FOR
THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT AT PUAPUAANUI, NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-5-17:21.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The State Land Use Boundaries Map, H-7 for the County of Hawaii, is
amended to change the district classification of property described hereinafter as follows:
The district classification of the following area situated at Puapuaanui, North
Kona, Hawaii, shall be Urban:
Beginning at the Northeast corner of this parcel of land, at the corner of Lots 2
and 4 and on the Westerly side of Kailua-Holualoa Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAHELO", being
1,775.08 feet North and 7,869.60 feet East, and running by azimuths measured from true
South:
1. 7°
34'
00"
70.60
feet along Lot 2 and a 20 -ft. Road and
Utility Easement;
2. 130
09'
50"
524.26
feet along Lot 2 and a 20 -ft. Road and
Utility Easement;
3. 750
41'
30"
233.71
feet along the remainder of R.P. 7819, L.C.
Aw. 8559-13, Ap. 8 to Wm. C. Lunalilo;
4. 1720
31'
00"
161.88
along Lot A, being also along the remainder
of R.P. 7819, L.C. Aw. 8559-13, Ap. 8 to
Wm. C. Lunalilo;
5. 820
42'
00"
694.33
feet along Lots A and B, being also along
the remainder of R.P. 7819, L.C. Aw.
8559-B, Ap.8 to Wm. C. Lunalilo;
6.
1610
20'
00"
185.49
feet along Lot B, being also along the
remainder of R.P. 7819, L.C. Aw. 8559-13,
Ap. 8 to Wm. C. Lunalilo;
Thence along the middle of an old stonewall, being also along the Royal Patent
6716, Land Commission Award 4887, Part 2
to Thomas Sams for the next eighteen (18)
courses:
7.
2450
29'
30"
96.86
feet;
8.
2250
32'
10"
81.03
feet;
9.
2320
47'
10"
39.17
feet;
10.
2200
48'
45"
24.55
feet;
11.
2500
49'
30"
42.37
feet;
12.
2530
11'
00"
145.66
feet;
13.
3160
48'
45"
21.69
feet;
14.
2430
48'
00"
116.45
feet;
15.
2530
44'
50"
52.97
feet;
16.
2660
38'
50"
100.46
feet;
17.
2460
23'
10"
129.72
feet;
18.
2510
19'
15"
46.07
feet;
19.
3260
00'
30"
27.33
feet;
20.
2990
10'
50"
42.30
feet;
21.
2250
12'
40"
102.17
feet;
22.
2560
49'
30"
46.06
feet;
23.
2630
30'
20"
34.83
feet;
-2-
24. 2550 52' 30" 118.06 feet to the point of beginning and containing
an area of 9.095 Acres, More or Less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 3. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
If MUSIR06147:3114
COUNCIL MEMBER, COUNTY OF HAWAII
-3-
EXHIBIT "A" (Uluwehi Properties, LLC.03-141)
_ U Y
'Cp Agri ultural / V Agr cu r JI
o
J�
Agnc tural
Rural c 7 Agr cultu ral —
Pn laai ad ]
1,775.08N
HELL
A nc tura) / AOncultur31-
� � ua
m
a „ Urban Pur I-
L u
ral
- A rc Rural
t r I
Urban � � Urban
Urban
i AGRIC LTU L
/ Urban TO RBA
/ 9.095 ACRS
Agricultural �
@
Urban — �
f ] � Urban
A ncul ural Agr cultural u -
V
dam-,
Que n Kaahumanu Hi hway
Q
Urban
Agri ultural rba
UI'ban-
_ Agricultural
/ Urban
,500 150 0 1,500 .1,000 4,500 6000 ],500
feet
AMENDMENT TO STATE LAND USE
BOUNDARIES MAP
AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7 FOR THE
COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM
THE AGRICULTURAL TO THE URBAN DISTRICT
AT PUAPUAANUI, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK: 7-5-017:021 Date: November 26, 2003
EXHIBIT "A" (Uluwehi Properties, LLC.03-141)
RO1uwehiEZ-12/3/03
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ULUWEHI PROPERTIES, LLC
CHANGE OF ZONE APPLICATION (REZ 03-026)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation for a Change of
Zone from Agricultural (A -5a) to Single -Family Residential (RS -15) for approximately
9.095 acres be forwarded to the County Council. This recommendation does not, however,
sanction the specific plans submitted with the application as they may be subject to change given
the specific code and regulatory requirements of the affected agencies. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this recommendation based upon additional information presented at the
public hearing. This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from Agricultural (A -5a) to Single -
Family Residential (RS -15) for approximately 9.095 acres of land to subdivide the
property into 16 lots approximately 15,000 -square feet in size and 5 lots approximately
21,900 -square feet in size. Plans for the proposed 21 -lot subdivision will be submitted
approximately two months after the request is approved. The estimated cost of
improvements is $1,000,000.00. The applicant has submitted a concurrent request for a
State Land Use District Boundary Amendment from an Agricultural to an Urban district.
In order to consider an area for any type of zoning designation, the applicable
goals, policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
C -q.57 (6;/Is _L/a-4 aI3j PC
The Change of Zone request from Agricultural (A -5a) to a Single -Family
Residential (RS -15) zoned district will conform to, among others, the Land Use
(Single Family Residential), Economic and Housing elements of the General Plan:
• Rural -style residential -agricultural developments, such as new small-scale rural
communities or extensions of existing rural communities, shall be encouraged in
appropriate locations.
The County shall review and amend if necessary land use ordinances and codes to
include considerations for rural -style residential subdivisions in appropriate
locations. Standards and criteria for the establishment of these areas shall be
developed.
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 LUPAG Map establishes the basic urban
and non -urban form for areas within the County. The subject area is designated Urban
Expansion Area and Low Density Urban.
Lands to the north are zoned A -5a and are vacant. Properties to the west are
zoned RS -7.5, site of the Pualani Estates Subdivision on TMKs: 7-5-41 and 7-5-42. To
the south are properties zoned RS -20 for the pending Hualalai Heights Subdivision, and
the Kona Orchards Subdivision is located to the east on TMK: 7-5-25 and zoned RA -5a.
The land uses in the area are a mix of residential and rural -agricultural uses. Therefore, a
favorable recommendation of this change of zone request will be consistent with the land
use pattern being established within this area.
The property was previously utilized for the cultivation of cotton and cattle
grazing, but is currently not used for any agricultural activities. The Federal Emergency
Management Agency Flood Insurance Rate Map (FIRM) designates the property as Zone
"X", an area determined to be outside of the 500 -year flood plain. The property is located
approximately 1.33 miles from the coastline and rises in elevation from 550 feet to 720
feet at its inland end. The project site is unclassified by the State of Hawaii ALISH Map.
Soils within the property and surrounding area is classified as "D" or "Poor" for
agricultural productivity by the Land Study Bureau. Given the soil characteristics of the
property, the potential for more intensive agricultural uses is unlikely.
-2-
Access is available through the proposed Hualalai Heights subdivision road. The
applicant has received authorization to use the proposed roadway. According to the
Department of Public Works, Hualalai Road is a County Road with a pavement width of
approximately 18 to 20 feet within a variable right-of-way width, approximately 40 feet
wide in the vicinity of the project area. Hualalai Road is substandard based on width,
alignment and roadside hazard clearances. The Department of Public Works
recommends that a easement for future road widening be provided within the subject
property, to allow widening of Hualalai Road along the property's frontage, equal to one-
half the difference between the existing right-of-way width and 60 feet, and the easement
to be dedicated to the County, at no cost. The Department of Public Works also
recommends that the private road access to Hualalai Road serving proposed lots A-1
through A-6, including the provision of adequate sight distances, meet with the
department's approval.
The project will connect to the County's North Kona Water System, which will
also serve the pending Pualani Estates and Hualalai Heights single-family subdivisions.
According the applicant, the water system is located within the Hualalai Road right-of-
way. The applicant will be securing the necessary water commitments. The project will
increase the surface runoff but 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 properties makai of the site. All utilities are or will be made
available to the site. Police, fire and emergency facilities are located in Kailua-Kona,
Kealakehe and Kealakekua.
The subject request is not contrary to Chapter 205A, Hawaii Revised
Statutes, relating to Coastal Zone Management Area. The property is not situated
within the Special Management Area. It is located approximately 1.33 miles from the
nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion.
There are no identified recreational resources, historic resources, public access to the
shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine
resources or other natural and environmental resources in the area. Thus, the proposed
request and use of the property will not adversely impact those resources.
No formal flora/fauna study was submitted. However, the applicant has stated
-3-
that the property is almost entirely covered with keawe, koa haole, monkeypod trees and
a dense growth of introduced grasses and lantana. There are no known rare or
endangered plant life or animal species on the site. The plants on the site are generally
alien and introduced species, and are not classified as rare, endangered, or threatened;
thus, the overall impact on area flora is expected to be negligible. According to the
applicant, there are no endemic or indigenous bird species on the site. Species observed
in the project area include the Yellow -Billed Cardinal, Zebra Dove, common Myna,
House Sparrow, and House Finch. Mammals common to the area are Mongoose and
feral cats and dogs. None of the species identified are rare or endangered. Thus, the
project will have no adverse impact on fauna in the area.
An Archaeological Inventory Survey was conducted by Paul H. Rosendahl in
April 2003. According to the survey, no definite archaeological remains of traditional
Hawaiian occupation or utilization were identified during the inventory survey. Two
sites were identified in the project area:
Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
Mounds and modified outcrops were spread out fairly evenly throughout the project area,
and no area had significantly more features than any other area. The mounds were
probably placed randomly as part of the clearing process. Rocks were placed on basalt
outcrops since the outcrop could not be utilized for planting. The survey further states
that the historic record indicates it is probable that the mounds/modified outcrops are
likely a result of historic land clearing in association with cotton planting. However,
some of the features may have originated during prehistoric times and were later built
over. The overlay of historic/modern features on top of pre -contact features is a common
-4-
pattern in Kona agricultural lands. Based on the research and the negative field survey
results, the study concluded that no sites definitively reflecting traditional native
Hawaiian agriculture and occupation are present within the site. If such sites once
existed on the property, subsequent land alterations have most likely destroyed them.
Numerous scattered and irregular stone piles, mounds and modified rock outcrops were
encountered; these were interpreted as resulting from historic land -clearing likely
associated with cotton cultivation and perhaps cattle raising. Evidence of limited
vegetation grubbing by bulldozer was evident in several areas.
The archaeological remains identified on the site were assessed for significance
using the National Register criteria for evaluation. Based on this criteria, the remains on
the site are assessed as significant for Criterion D, and determined to be potentially
significant for information content, which defines significant resources as ones that
"...have yielded or may be likely to yield, information important in prehistory or
history." The features have been recorded and described at such a level as to sufficiently
mitigate their possible destruction. In conclusion, no further archaeological work is
recommended in the project area. In a letter dated May 9, 2003 from the State
Department of Land and Natural Resources Historic Preservation Division (SHPD) to Dr.
Paul H. Rosendahl, SHPD agreed with the findings and the recommendation for no
further work. SHPD indicated that while neither site is worthy of preservation or data
recovery, archaeological monitoring of the initial grubbing of the parcel is advised. In a
memo dated November 20, 2003, the SHPD has stated that the project has already gone
through the historic preservation review process; and mitigation has been completed.
Thus, "no historic properties will be affected by this undertaking."
Presently, there is no evidence of any traditional and customary Native Hawaiian
rights being practiced on the site, nor existence of known valued cultural, historical or
native resources in the area. The subject site is not proximate to the shoreline. As such,
gathering of marine life and coastal access is not an issue. However, as the site has been
used for cotton cultivation and cattle grazing in the past, it would appear unlikely that it
would serve such purpose today. Thus, it is not anticipated that the proposed request will
have any adverse impact on cultural or historical resources in the area. There is no record
-5-
of a designated public access to the shoreline or mountain areas that traverses the
property.
Regarding findings on traditional and customary Hawaiian rights:
Investigation of valued resources: No formal flora/fauna study was submitted.
However, an Archaeological Inventory Survey by Paul H. Rosendahl dated April 2003,
was submitted as part of the application. According to the archaeological survey, two
sites were identified on the property: Site 23791, historic stone wall boundaries and
features within the wall, and Site 23792, military gun emplacement. The property was
previously used for cotton cultivation and cattle raising. The original botanical resources
of the site were removed during the cotton cultivation.
The valuable cultural, historical, and natural resources found in the area:
According to the archaeological survey by Dr. Paul H. Rosendahl conducted in April
2003, no definite archaeological remains of traditional Hawaiian occupation or utilization
were identified. Two sites were identified in the project area:
• Site 23791 - historic stone wall boundaries of the project area and features within
the wall (clearing mounds and modified outcrops).
• Site 23792 - military gun emplacement. According to an informant named Mr.
Gouveia, during WWII, portions of the project area were used by the military for
gun emplacements. The emplacement consists of a sandy area, the sand
presumably brought in to simulate beach conditions. The area is surrounded by
bedrock outcrops, and there are several medium-sized basalt rocks placed atop the
bedrock. The rocks were probably placed by military personnel as a windbreak,
or to simulate a defensive battle position.
In a memo dated November 20, 2003, the SHPD has stated that the project has already
gone through the historic preservation review process; and mitigation has been
completed. Thus, "no historic properties will be affected by this undertaking."
Possible adverse effect or impairment of valued resources: Native plants could be
destroyed by construction and ground alteration. With respect to fauna, a change in
habitat may result in a decrease or increase in the number of different species depending
on the habitat preference of the species. The number of cats and dogs could decrease due
to the urban nature of the residential development.
0
Feasible actions to protect native Hawaiian rights: The property is not proximate
to the shoreline; therefore, gathering of marine life and coastal access is not an issue. It is
not known whether the subject property or immediate surrounding area was previously
used for the gathering of plants by native Hawaiians. In the unlikely event that legitimate
gathering claims are made by native Hawaiians, the applicant should respect and honor
such claims and provide the needed access within the site. To the extent to which
traditional and customary Native Hawaiian rights are exercised, the proposed action will
not affect traditional Hawaiian rights, and no action is necessary to protect those rights.
Based on the above findings, the approval of the Change of Zone request from an
Agricultural (A -5a) to a Single -Family Residential (RS -15) zoned district would
result in an appropriate land use pattern that will further benefit the public.
The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map) of
Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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CUluwehiSLUREZ-12/3/03
ULUWEHI PROPERTIES, LLC
CHANGE OF ZONE APPLICATION (REZ 03-026)
CONDITIONS OF APPROVAL
A. The applicant(s), its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. Final Subdivision Approval of the subject property shall be secured within five
(5) years from the effective date of this ordinance.
C. The required water commitment payment shall be submitted to the Department of
Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety days from the date of approval of the change of zone.
D. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall give notice that the terms of the zoning ordinance prohibit the
construction of a second dwelling unit and condominium property regimes on
each lot. This restriction may be removed by amendment of this ordinance by the
County Council. The owners of the property may also impose private covenants
restricting the number of dwellings. A copy of the proposed covenant(s) to be
recorded with the State of Hawaii Bureau of Conveyances shall be submitted to
the Planning Director for review and approval prior to the issuance of Final
Subdivision Approval. A copy of the recorded document shall be filed with the
Planning Department upon its receipt from the Bureau of Conveyances.
E. The applicant shall provide an easement for future road widening within the
subject property to allow widening of Hualalai Road on the subject property side
equal to one-half the difference between the existing right-of-way width and 60
feet. The easement shall be dedicated to the County at no cost.
F. The applicant shall construct proposed roadways to County dedicable standards
and dedicate the roadways to the County at no cost.
G. The private road access to Hualalai Road serving proposed lots A-1 through A-6
including the provision of adequate sight distances, shall meet with the approval
of the Department of Public Works. The pavement shall be widened to comply
with the Subdivision Code. The approach shall be reconstructed to align with
Huaai Street and a turnaround shall be provided in conformance with the
Subdivision Code. The approach grade shall provide for the future widening of
Hualalai Road to 60 feet.
H. Install street lights, signs and markings, meeting with the approval of the
Department of Public Works Traffic Division.
1. Any vehicular security gate and path of gate swing on the private roads serving
the proposed subdivision, shall be located a minimum distance of 40 feet from
any County road right-of-way.
J. The applicant shall provide a drainage study, meeting with the approval of the
Department of public Works.
K. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources -
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
HPD when it finds that sufficient mitigative measures have been taken.
L. The applicant(s) shall comply with all applicable laws, rules, regulations and
requirements of affected agencies.
M. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads, park, fire, police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and may be
increased or reduced proportionally if the lot counts are adjusted. The fair share
contribution shall become due and payable prior to final subdivision approval of
any portion of the subject property or within five (5) years from the effective date
of this change of zone ordinance, whichever occurs first. The fair share
contribution for each lot shall be based on a maximum density for each lot as
determined by the zoning resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities or any combination thereof shall be
determined by the County Council. The fair share contribution may be adjusted
annually beginning three years after the effective date of this ordinance, based on
the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
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paying the fair share contribution, the applicant may construct such facilities
related to park, fire, police and solid waste disposal facilities with the approval of
the appropriate agency(ies).
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of this ordinance. The report shall address
the status of the development and the compliance with the conditions of approval.
This condition shall remain in effect until all of the conditions of approval have
been complied and the Planning Director acknowledges that further reports are
not required.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant(s), its successors or
assigns, and that are not the result of their fault or negligence.
Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
If the applicant(s) should require an additional extension of time, the
Planning Director shall submit the applicant(s)' request to the County
Council for appropriate action.
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
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original or more appropriate designation.
-4-
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.
(PLANNING DEPARTMENT)
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A -5a) TO
SINGLE FAMILY RESIDENTIAL (RS -15) AT PUAPUAANUI, NORTH KONA, HAWAII,
COVERED BY TAX MAP KEY 7-5-17:21.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Puapuaanui, North
Kona, Hawaii shall be Single Family Residential (RS -15):
Beginning at the Northeast comer of this parcel of land, at the comer of Lots 2
and 4 and on the Westerly side of Kailua-Holualoa Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAHELO", being
1,775.08 feet North and 7,869.60 feet East, and running by azimuths measured from true
South:
1. 70
34'
00"
70.60
feet along Lot 2 and a 20 -ft. Road and
Utility Easement;
2. 130
09'
50"
524.26
feet along Lot 2 and a 20 -ft. Road and
Utility Easement;
3. 750
41'
30"
233.71
feet along the remainder of R.P. 7819, L.C.
Aw. 8559-B, Ap. 8 to Wm. C. Lunalilo;
4. 1720
31'
00"
161.88
along Lot A, being also along the remainder
of R.P. 7819, L.C. Aw. 8559-13, Ap. 8 to
Wm. C. Lunalilo;
-I-
5.
820
42'
00"
694.33
feet along Lots A and B, being also along
the remainder of R.P. 7819, L.C. Aw.
8559-13, Ap.8 to Wm. C. Lunalilo;
6.
1610
20'
00"
185.49
feet along Lot B, being also along the
remainder of R.P. 7819, L.C. Aw. 8559-13,
Ap. 8 to Wm. C. Lunalilo;
Thence along
the middle of an old
stonewall, being also along the Royal Patent
6716, Land Commission Award 4887, Part 2
to Thomas Sams for the next eighteen (18)
courses:
7.
2450
29'
30"
96.86
feet;
8.
2250
32'
10"
81.03
feet;
9.
2320
47'
10"
39.17
feet;
10.
2200
48'
45"
24.55
feet;
11.
2500
49'
30"
42.37
feet;
12.
2530
11'
00"
145.66
feet;
13.
3160
48'
45"
21.69
feet;
14.
2430
48'
00"
116.45
feet;
15.
2530
44'
50"
52.97
feet;
16.
2660
38'
50"
100.46
feet;
17.
2460
23'
10"
129.72
feet;
18.
2510
19'
15"
46.07
feet;
19.
3260
00'
30"
27.33
feet;
20.
2990
10'
50"
42.30
feet;
21.
2250
12'
40"
102.17
feet;
-2-
22. 2560
49' 30" 46.06 feet;
23. 2630
30' 20" 34.83 feet;
24. 2550
52' 30" 118.06 feet to the point of beginning and containing
an area of 9.095 Acres, More or Less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2.
In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following
conditions are:
(1)
Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2)
Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3.
In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4.
This ordinance shall take effect upon its approval.
INTRODUCED BY:
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
COUNCIL :MEMBER, COUNTY OF HAWAII
-3-
EXHIBIT "A" (Uluwehi Properties, LLC:1118)
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AMENDMENT • THE ZONING CODE,
SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,BY
CLASSIFICATIONAMENDING
CHANGING THE DISTRICT
FROM AGRICULTURAL
TO SINGLE-FAMILY RESIDENTIAL (RS -15)
AT PUAPUAANUI, NORTH•
PREPARED DEPARTMENT
COUNTYOF
TMK 7-5-017 021 Date: 00
EXHIBIT "A" (Uluwehi Properties, LLC:1118)