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HomeMy WebLinkAboutCOM 0700.000 2002-2004Harry Kim Mayor July 8, 2004 n . t)i)L I cl PHI ( f� COUNTY OF HAW' ACI 25 Aupuni Street, Room 215 e Hilo, Hawaii 96720-4252 r (808) 961-8211 r Fax (808) 961-6553 KONA: 75-5706 Kuakim Highway, Suite 103 e Kailua-Kona, Hawai'i 96740 (808) 329-5226 r Fax (808) 326-5663 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 04-001) Request: Agricultural to Urban Change of Zone Application (REZ 04-004) Request: A -5a to RM -4 Applicant: Westpro Development, Inc. Tax Map Key: 7-3-10:portion of 3 State Land Use Boundary Amendment Application (SLU 04-005) Request: Agricultural to Rural / Change of Zone Application (REZ 04-008) Request: A -3a to RA -.5a Applicant: Tom Smith Tax Map Key: 7-3-19:28 Dixie Kaetsu Managing Director Peter L. Hendricks Deputy Managing Director 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. Sincerely, i ud0r f/ Harry Kim Mayor 061804may Enclosures c�c:Planning Department 1oV /� Hawai9 County is an Equal Opportunity Employer and Provider LamNO. Ref -It— t111 G Ref. Date ,,,�� Harry Kim Mayor July 7, 2004 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 04-005) Request: Agricultural to Rural Change of Zone Application (REZ 04-008) Request: A -3a to RA -.5a Applicant: Tom Smith Tax Map Key: 7-3-19:28 The Planning Commission, after a duly held public hearing on June 18, 2004, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from Agricultural to Rural and the district classification from an Agricultural 3 -acre (A -3a) to a Residential and Agricultural .5 -acre (RA -.5a) district for 4.07 acres of land. The property is located along the north side of Church of God Road, approximately 600 feet west (makai) of the Hawaii Belt Highway (State Highway 190) — Church of God Road intersection, Kohanaiki, North Kona, Hawaii. The Commission concurs with the following findings as recommended by the Planning Director: State Land Use Boundary Amendment The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from Agricultural (A -3a) to Residential and Agricultural (RA -.5a) to subdivide the property into seven residential -agricultural lots with a minimum area of a V2 -acre or 21,780 square feet. The approval of the reclassification from the State Land Use Agricultural to the Rural District will not be in violation of Section 205-2, Chapter 205, Hawaii Revised Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Statutes, nor will it be inconsistent with the Land Use Commission Rules, Rule 13 of the Planning Commission Rules of Practice and Procedures, the County General Plan and the Hawaii State Plan. According to the Hawaii Land Use Commission Rules, the following three standards shall apply when determining an area for the Rural district boundaries: (1) Areas consisting of small farms; provided that the areas need not be included in this district if their inclusion will alter the general characteristics of the areas; (2) Activities or uses as characterized by low-density residential lots of not less than one-half acre and a density of not more than one single-family dwelling, per one- half acre in areas where "city -like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots; and (3) Generally, parcels of land not more than five acres; provided it may include other parcels of land which are surrounded by, or contiguous to this district, and are not suited to low-density residential uses for small farm or agricultural uses. The property is located below the Mamalahoa Highway, 600 feet west (makai) of the Mamalahoa Highway -Church of God Homestead Road Drive intersection on Church of God Homestead Road. Surrounding lands are zoned A -3a, A -la and FA -la. The property to the north has recently been rezoned from A -3a to FA -la. Further north is the Kona Hills Subdivision comprised of lots zoned A -la used mainly for residential uses. To the west (makai) are properties zoned A -3a and FA -la. Further west are parcels zoned RS -15, RS -10 and RS -7.5. The properties to the south across the Church of God Road are zoned A -3a and are comprised of nonconforming lots that are approximately 7,000 — 10,000 square feet in size. Properties to the east (mauka) are zoned A -3a and A -la. Thus, the location, size and use of the property and surrounding properties meets the standards set forth by the Hawaii Land Use Commission Rules in determining an area for the Rural district boundaries. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The proposed boundary amendment is for residential -agricultural uses that are compatible with the Rural designation. The applicant has stated that the 4.07 -acre site will be subdivided into seven residential -agricultural lots. Thus, the requested boundary amendment would be in the direction of fulfilling the permissible uses of the rural designation. The proposed Rural boundary amendment request would be consistent with, among others, the Land Use (Single Family Residential) 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 proposed Rural boundary request also conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area as Urban Expansion. The Urban Expansion Area allows a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect more accurately the residential - agricultural character of the area. This boundary request would allow a rural development for residential -agricultural uses that will complement the existing and future residential -agricultural land use patterns of the immediate vicinity. Based on the above findings, the granting of the Rural boundary amendment would complement and implement the General Plan. All utilities and services which are essential to accommodate rural development are available to the property. The proposed access would be from the adjoining and planned Hualalai Vistas subdivision. The subdivision roads are required to be built to County dedicable standards and be dedicated to the County. This access would provide a safer means of access for the residents of the Kohahaiki Homestead Subdivision and others who currently use the Church of God Homestead Road to get to the Hawaii Belt Highway. The Department of Public Works agrees that it will provide safer access to the adjoining subdivision to the south of the subject parcel and any others currently using the Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Homestead Road to access Mamalahoa Highway. The applicant shall extend a dedicable subdivision road from Hualalai Vistas to the Homestead Road on the southern boundary of the subject property. The intersection of the Homestead road and the proposed interior subdivision road shall be improved meeting with the approval of the DPW and dedicated to the County upon request. In the event that access is not provided through the Hualalai Vistas Subdivision, the alternative access will be from the "Church of God" Homestead Road, which is a government road, not maintained by the County. The right-of-way varies in width. The improvements are substandard and unsuitable for the present use as a subdivision access. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way and the grade appears to exceed the 18% maximum for a subdivision road. The approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south. The applicant shall be required to widen and improve Homestead Road along the entire subject property frontage and east to Mamalahoa Highway, meeting with the requirements of the Subdivision Code, the Department of Public Works and the Department of Transportation. Water is available from the existing system on the Mamalahoa Highway. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. Utilities will be provided to each of the proposed seven lots from the area's existing infrastructure. The nearest police station is located in Kealakehe, approximately five (5) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the property. The property has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the site as Zone "X", outside of the 500 -year flood plain. The site slopes slightly from east to west (mauka to makai) at a grade of 10 percent. While the subject property is within the State Land Use Agricultural and County's Agricultural -3a zoned districts, it is not currently being used for active agricultural purposes. The site is identified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) System as Other Important Agricultural Lands. The Land Study Bureau classifies soils within the subject properties as "D" or "Poor" for agricultural productivity. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within site and surrounding area would preclude such intensive agricultural activities from being conducted on the site. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 The subject request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management area. The property is not situated within the Special Management Area. The site is located approximately 5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources and 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. The proposed Rural boundary amendment request will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: • An Archaeological Inventory survey performed by Archaeological Consultants of the Pacific in March of 2004. • A reference to an Environmental Review conducted by Ron Terry, Ph.D., in January 2003 of the neighboring northern properties of TMK's: 7-3-7: 27 & 50. The valuable cultural, historical, and natural resources found in the rezoning area: The archaeological inventory survey identified one site which consisted of a habitation/agricultural complex (Site 50-10-28-24133). This complex consisted of a collapsed house, walls, enclosures, mounds and terraces, and two burials within a single feature. Dr. Ron Terry conducted an environmental review of the adjoining property, which included a botanical survey in January of 2003. His conclusion was "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service appear to be present on the parcel, nor are there unique or valuable wildlife habitats. Possible adverse effect or impairment of valued resources: Based on the evidence presented, it is anticipated that there will be no possible adverse effect or impairment of valued resources expected to result from the boundary amendment or subsequent activities on the site. Feasible actions to protect native Hawaiian rights: The Department of Land and Natural Resources -Historic Preservation Division in their letter dated May 10, 2004, stated that they have reviewed and approved the Archaeological Inventory Survey for the property. They state that no further work is recommended for the habitation or Honorable James Y. Arakaki, Chairman and Members of the County Council Page 6 agricultural features, but state that a Burial Treatment Plan will be required for the burial site (Site 24133, Feature 14). The applicant believes that given the proximity and general characteristics of the adjoining site, it would appear that the adjoining property's conclusion from the Environmental Review could also be arrived for this parcel. Dr. Terry concluded that "No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site." The site has been used for cattle grazing for over 50 years and would appear unlikely that the property would be used for gathering purposes today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. Finally, the reclassification action would conform to the following goals, objectives and/or policies articulated in the Hawaii State Plan relating to Socio -cultural advancement - Housing objectives and policies: (a) Planning for the State's socio -cultural advancement with regard to housing shall be directed towards achievement of the following objectives: (1) Greater opportunities for Hawaii's people to secure reasonably priced, safe, sanitary, livable homes located in suitable environments that satisfactorily accommodate the needs and desires of families and individuals. (2) The orderly development of residential areas sensitive to community needs and other land uses. (b) To achieve the housing objectives, it shall be the policy of this state to: (1) Effectively accommodate the housing needs of Hawaii's people. (2) Stimulate and promote feasible approaches that increase housing choices for low-income, moderate -income and gap -group households. (3) Increase home ownership and rental opportunities and choices in terms of quality, location, cost, densities, style, and size of housing. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 7 (4) 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. (5) Foster a variety of lifestyles traditional to Hawaii through the design and maintenance of neighborhoods that reflect the cultures and values of the community. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Rural District complements the State Land Use Regulations and is supportive of the State of Hawaii Plan and the County of Hawaii General Plan. Chance of Zone The applicant is requesting a Change of Zone from an Agricultural (A -3a) to a Residential and Agricultural -.5 -acre (RA -.5) zoned district for approximately 4.07 acres of land to subdivide the property into seven residential -agricultural lots with a minimum area of a %2 -acre or 21,780 square feet. The applicant has submitted a concurrent request for a State Land Use District Boundary Amendment from an Agricultural to a Rural 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 be also considered as they may have an impact on similar areas in the County. The Change of Zone request from Agricultural (A -3a) to a Residential and Agricultural (RA -.5a) zoned district will conform to, among others, the Land Use (Single Family Residential) 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. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 8 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. The Urban Expansion Area allows a mix of high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The County is currently conducting a comprehensive review update of the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect more accurately the residential -agricultural character of the area. The property is located below the Mamalahoa Highway, 600 feet west (makai) of the Mamalahoa Highway -Church of God Homestead Road Drive intersection on Church of God Homestead Road. Surrounding lands are zoned A -3a, A -la and FA -la. The property to the north has recently been rezoned from A -3a to FA -la. Further north is the Kona Hills Subdivision comprised of lots zoned A -la used mainly for residential uses. To the west (makai) are properties zoned A -3a and FA -la. Further west are parcels zoned RS -15, RS -10 and RS -7.5. The properties to the south across the Church of God Road are zoned A -3a and are comprised of nonconforming lots that are approximately 7,000 — 10,000 square feet in size. Properties to the east (mauka) are zoned A -3a and A -la. Should this request be approved, the applicant may normally apply for an Ohana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this subject request would allow the existing parcels to be subdivided and subsequently allow the creation of additional lots, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a seven -lot subdivision with one home on each lot, the potential to allow additional homes may contribute to a cumulative burden on the existing infrastructure which cannot be supported. Therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit on each lot. A condition will be included to include restrictive covenants in the deeds of all the proposed lots for the subdivision prohibiting ohana or second dwellings to preserve the residential -agricultural ambience of the area. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 9 The proposed request from an Agricultural -3 acre (A -3a) to a Residential and Agricultural (RA -.5a) zoned district will conform to the Keahole to Kona Development Plan. The Keahole to Kona Development Plan, adopted by Resolution No. 296-91 in 1991, recommends the area for Residential Expansion. The expansion areas in the upland zone are recommended to accommodate an additional 3,000 to 5,000 housing units. The property has previously been bulldozed and has been used periodically for cattle grazing, but is currently not used for any agricultural activities. The Federal Emergency Management Agency Flood Insurance Rate Map (FIRM) designates the properties as Zone "X", an area determined to be outside of the 500 -year flood plain. The site slopes slightly from east to west (mauka to makai) at a gradual 10 percent slope. The property is classified as Other Important Agricultural Lands within the Agricultural Lands of Importance to the State of Hawaii (ALISH) System. Soils within the property and surrounding area is classified as "D" or "Poor" for agricultural productivity by the Land Study Bureau. While the potential for intensive and/or extensive agricultural uses may exist, the soil conditions within the site and surrounding area would preclude such intensive agricultural activities from being conducted. The proposed access would be from the adjoining and planned Hualalai Vistas subdivision. The subdivision roads are required to be built to County dedicable standards and be dedicated to the County. This access would provide a safer means of access for the residents of the Kohahaiki Homestead Subdivision and others who currently use the Church of God Homestead Road to get to the Hawaii Belt Highway. The Department of Public Works agree that it will provide safer access to the adjoining subdivision to the south of the subject parcel and any others currently using the Homestead Road to access Mamalahoa Highway. The applicant shall extend a dedicable subdivision road from Hualalai Vistas to the Homestead Road on the southern boundary of the subject property. The intersection of the Homestead road and the proposed interior subdivision road shall be improved meeting with the approval of the DPW and dedicated to the County upon request. In the event that access is not provided through the Hualalai Vistas Subdivision, the alternative access will be from the "Church of God" Homestead Road, which is a government road, not maintained by the County. The right-of-way varies in width. The improvements are substandard and unsuitable for the present use as a subdivision access. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way and the grade appears to exceed the 18% maximum for a subdivision road. The approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south. The applicant shall be required to widen and improve Homestead Road along the entire subject property frontage and east to Honorable James Y. Arakaki, Chairman and Members of the County Council Page 10 Mamalahoa Highway, meeting with the requirements of the Subdivision Code, the Department of Public Works and the Department of Transportation. Water is available from the existing system on the Mamalahoa Highway. As there is no municipal sewer system in the area, the applicant would be required to dispose wastewater into a septic tank system meeting the standards and requirements of the State Department of Health. Utilities will be provided to each of the proposed seven lots from the area's existing infrastructure. The nearest police station is located in Kealakehe, approximately five (5) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the property. 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. The site is located approximately 5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources or 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. The proposed request from an Agricultural -5 acres (A -5a) to a Residential and Agricultural (RA -.5) zoned district will not have a significant adverse impact to traditional and customary Hawaiian Rights. Investigation of valued resources: The applicant has presented the following information for the Planning Commission and the County Council to determine the valued cultural, historical, and natural resources within the area sought for rezoning: An Archaeological Inventory survey performed by Archaeological Consultants of the Pacific in March of 2004. A reference to an Environmental Review conducted by Ron Terry, Ph.D., in January 2003 of the neighboring northern properties of TMK's: 7-3-7: 27 & 50. The valuable cultural, historical, and natural resources found in the rezoning area: The archaeological inventory survey identified one site which consisted of a habitation/agricultural complex (Site 50-10-28-24133). This complex consisted of a collapsed house, walls, enclosures, mounds and terraces, and two burials within a single feature. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 11 Dr. Ron Terry conducted an environmental review of the adjoining property, which included a botanical survey in January of 2003. His conclusion was "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service appear to be present on the parcel, nor are there unique or valuable wildlife habitats. Possible adverse effect or impairment of valued resources: Based on the evidence presented, it is anticipated that there will be no possible adverse effect or impairment of valued resources expected to result from the rezoning or subsequent activities on the site. Feasible actions to protect native Hawaiian rights: The Department of Land and Natural Resources -Historic Preservation Division in their letter dated May 10, 2004, stated that they have reviewed and approved the Archaeological Inventory Survey for the property. They state that no further work is recommended for the habitation or agricultural features, but state that a Burial Treatment Plan will be required for the burial site (Site 24133, Feature 14). The applicant believes that given the proximity and general characteristics of the adjoining site, it would appear that the adjoining property's conclusion from the Environmental Review could also be arrived for this parcel. Dr. Terry concluded that "No impact on native species or habitat is expected to result from the rezoning or subsequent activities on the site." The site has been used for cattle grazing for over 50 years and would appear unlikely that the property would be used for gathering purposes today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -3a) to a Residential and Agricultural (RA -.5a) zoned district would result in an appropriate land use pattern that will further benefit the public. For your favorable consideration, amendments to the SLU Boundaries Map H-7 and Section 25-8-3 (North Kona Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, are transmitted. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 12 We are enclosing a copy of the staff background and recommendation for your information. Sincerely, red aldo s,C airman Planning Commission Lsrmth02PC Enclosures cc: Mr. Sidney Fuke Mr. Tom Smith Department of Water Supply Department of Public Works Rodney Haraga/DOT-Highways,Honolulu State Land Use Commission Planning Department — Kona Hawaii County is an Equal Opportunity Employer and Provider BSmithSLUREZ04-008.j wd-06-09-04 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TOM SMITH STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-005) CHANGE OF ZONE APPLICATION (REZ 04-008) TOM SMITH has submitted applications for a State Land Use Boundary Amendment for 4.07 acres of land from the Agricultural to the Rural District and a Change of Zone for 4.07 acres of land from an Agricultural 3 -acre (A -3a) to a Residential and Agricultural .5 -acre (RA - .5a) district. The property is located along the north side of Church of God Road, approximately 600 feet west (makai) of the Hawaii Belt Highway (State Highway 190) — Church of God Road intersection, Kohanaiki, North Kona, Hawaii, TMK: 7-3-19:28. APPLICANT'S REQUEST Request: The applicant is requesting a: a. State Land Use Boundary Amendment for 4.07 acres of land from the Agricultural to the Rural District; and a Change of Zone for 4.07 acres of land from an Agricultural 3 -acre (A -3a) to a Residential and Agricultural .5 -acre (RA -.5a) district. The applicant intends to subdivide the property into 7 residential -agricultural lots with a minimum area of a V2 -acre or 21,780 square feet. The applicant has submitted the attached in support of the request. (See Exhibit A - State Land Use Boundary Amendment and Change of Zone Applications) RECENT REZONINGS IN THE AREA 2. Clifford Kabumoto: Change of Zone Ordinance No. 03 128 (REZ 1024), effective September 16, 2003, changed the district classification from A -3a to RA -la for 7.315 acres of land. The applicant intends to subdivide the property into 4 lots ranging from 1.5 to 2.1 acres in size. Condition F stated "Homestead Road, if used to provide access to more than one lot, shall be improved from the point of the subdivision access to Highway 190, meeting with the requirements of the Department of Public Works, prior to receipt of final subdivision approval." TMK:7-3-19:21 & 30. The applicant has a pending application for a subdivision (SUB 2004-0015), subdividing lots 17-A & 18-A into lots c- 700 (81IiS Sol �36a) PC 17-A-1, 17 -A -2,18-A-1 & 18-A-2. 3. Hualalai Vistas: Change of Zone Ordinance No. 03 144 (REZ 1026), effective October 29, 2003, changed the district classification from A -3a to FA -la for approximately 53.163 acres of land. The applicant intends to subdivide properties into forty seven (47) one -acre Family Agricultural lots with related improvements. Condition G states in part "All connector roadways within the proposed subdivision shall be constructed to County dedicable standards and dedicated to the County at no cost to the County. The subdivision roads shall have at least one connection to the north to the adjoining properties and at least one connection to the south that will connect to the Old Homestead Road." The applicant has a pending application for a subdivision (SUB 2004-0038), subdividing lots 27 & 50 into lots 1-46 & roadway lots 47-49. STATE AND COUNTY PLANS 4. State Land Use Designation: Agricultural. 5. Hawaii State Plan Consistency: Socio -Cultural Advancement (Housing) objectives and policies. 6. GP Consistency: Land Use (Single Family Residential) and Housing Elements. 7. GP LUPAG Map: Urban Expansion. The County is currently conducting a comprehensive review update to the General Plan. One of the proposed amendments to the LUPAG Map involves the subject area, which is proposed to be changed to Low Density Urban to reflect the existing single family residential uses in the area. 8. County Zoning: Agricultural (A -3a). 9. Kona Regional Plan: Res -Ag -2 to A-3. 10. Keahole to Kailua Development Plan: Residential Expansion. 11. Ohana Dwellings: Ohana dwellings may be allowed in the proposed State Land Use Rural District and County Residential and Agricultural (RA -.5a) zoned district. However, conditions will be placed to prohibit ohana dwellings to preserve the residential -agricultural ambience of the area. The applicant has also proposed to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" or a second dwelling unit. 12. 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 -2- 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, economic uses, coastal hazards, managing development, public participation, and beach protection. The property is located approximately 5 miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. 13. 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 located within the Special Management Area. 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 14. Subject Property: The property is vacant and roughly rectangular in shape with a small pole or leg on the makai side of the property. It is located on the northern boundary of the Church of God Road approximately 600 feet west (makai) from the Hawaii Belt Highway (Highway 19)/Church of God Road intersection. The property is 4.07 acres in size. The property has previously been bulldozed and has been used periodically for cattle grazing. 15. Surrounding Zoning/Land Uses: The property to the north has recently been rezoned from A -3a to FA -la. Further north is the Kona Hills Subdivision comprised of lots zoned A-1 a used mainly for residential uses. To the west (makai) are properties zoned A -3a and FA -la. Further west are parcels zoned RS -15, RS -10 and RS -7.5. The properties to the south across the Church of God Road are zoned A -3a and are comprised of nonconforming lots that are approximately 7,000 — 10,000 square feet in size. Properties to the east (mauka) are zoned A -3a and A- Ia. 16. ALISH: Other Important Agricultural Lands. 17. Land Study Bureau's Detailed Land Classification System: "D" or "Poor" 18. U.S. Soil Survey: Punaluu soil series extremely rocky peat. This soil is characterized by rapid permeability, slow runoff and slight erosion hazard, and is typically used for pasture. -3- 19. FIRM: Zone "X", area determined to be outside the 500 -year flood plain. 20. Flora/Fauna Resources: According to the applicant, no professional surveys were conducted of the floral or faunal resources of the site. The applicant refers to a recent botanical survey conducted by Dr. Ron Terry for the adjoining Hualalai Vistas project in January 2003. The report concluded that "No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service appear to be present on the parcel, nor are there unique or valuable wildlife habitats." The applicant believes that given the proximity and general characteristics of the adjoining site, it would appear that the adjoining property's conclusion could also be arrived for this parcel. Within the archaeological inventory survey (Section 2: Environmental Setting), there is a detailed description of the flora observed during the survey. According to the survey, much of the property is covered by dense vegetation, primarily silver oak (Grevillea robusta) and Christmas berry (Schinus terebinthifolius). Towards the northeastern portion of the parcel as well as the northwestern area are small strands of mature mango trees (Mangifera indica). Additional vegetation observed on the property includes bamboo (Bambusa vulgaris), guava (Psidium guajava), air plants (Kalanchoe pinnata), rose apple (Eugenia jambos), waiwi (Psidium cattleianum), shampoo ginger (Zingiber zerumbet), coffee (Coffea arabica), hibiscus (Hibiscus sp.) and a variety of weeds and grasses. According to the applicant, the site is not known or registered as a habitat for rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk or Hawaiian Owl flying in the general area. (See Exhibit B — Environmental Review for Hualalai Vistas Development -January 2003) 21. Archaeological/Historical Resources: An archaeological inventory survey was conducted by Archaeological Consultants of the Pacificin March 2004. One site was identified which consisted of a habitation/agricultural complex (Site 50-10-28-24133). This complex consisted of a collapsed house, walls, enclosures, mounds and terraces, and two burials within a single feature. The Department of Land and Natural Resources - Historic Preservation Division in their letter dated May 10, 2004, stated that they have reviewed and approved the Archaeological Inventory Survey for the property. They state that no further work is recommended for the habitation or agricultural features, but state that a Burial Treatment Plan will be required for the burial site (Site 24133, Feature 14). -4- 22. Cultural Resources: According to the applicant, the subject property is not adjacent and/or proximate to the shoreline and as such, gathering of marine life and coastal access is not an issue. Relative to mountain access, no trails were identified on the property by the consulting archaeologist. It is not known whether the property or immediate surrounding areas were used in the recent past for the gathering of plants by native Hawaiians. The site has been used for cattle grazing for over 50 years and would appear unlikely that the property would serve such a purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the property. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the properties. PUBLIC UTILITIES AND SERVICES 24. Access: The ultimate access would be from the adjoining and planned Hualalai Vistas subdivision. The subdivision roads are required to be built to County dedicable standards and be dedicated to the County. Also, this access would provide a safer means of access for the residents of the Kohahaiki Homestead Subdivision and others who currently use the Church of God Homestead Road to get to the Hawaii Belt Highway. The Department of Public Works commented that access will be from the Hualalai Vistas Subdivision from the north. They agree that it will provide safer access to the adjoining subdivision to the south of the subject parcel and any others currently using the Homestead Road to access Mamalahoa Highway. DPW states that the applicant shall extend a dedicable subdivision road from Hualalai Vistas to the Homestead Road on the southern boundary of the subject property. The intersection of the Homestead road and the proposed interior subdivision road shall be improved meeting with the approval of the DPW and dedicated to the County upon request. The alternative access in the event that access is not provided through the Hualalai Vistas Subdivision will be the "Church of God" Homestead Road. According to DPW, the Homestead Road is a government road, not maintained by the County. The right-of-way varies in width. The improvements are substandard and unsuitable for the present use as a subdivision access. It has an approximate 8 -foot wide concrete pavement which may not be within the existing right-of-way. The grade appears to exceed the 18% -5- maximum for a subdivision road. The approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south. DPW proposes the following condition only to address the possibility of such alternate access. The applicant shall widen and improve Homestead Road along the entire subject property frontage and east to Mamalahoa Highway, meeting with the requirements of the Subdivision Code, the DPW and DOT. The improved roadway shall be open to public use, given the Homestead Road is a public right-of-way. They state that because of the grade, meeting of this condition may not be structurally practicable. A third alternative access exists if access is not provided directly into Hualalai Vistas Subdivision from Smith's property. This access would be from Hualalai Vistas lower connection to Homestead Road. This would provide a safer access to the Hawaii Belt Road but would require access to the subdivision via the "Church of God" Homestead Road. Lastly, in the April 14, 2004 letter from the applicant (see Exhibit H), the applicant stated that they would be willing to set aside a road easement on the subject property in favor of the County upon request by the County. This would allow roadway improvements to be implemented from the Hualalai Vistas southern property boundary to the Church of God Road through Smith's property regardless of the outcome of the rezone or in the event that Smith does not proceed with his project. The Planning Department has sent a letter dated June 1, 2004 to the applicant requesting a 50 -foot — wide roadway easement through the applicant's property with listed stipulations. The Planning Department also sent a letter dated June 1, 2004 to Gregory R. Mooers, the representative for Hualalai Vistas, LLC, outlining the options to resolve the connector road issues to satisfy the requirements of Chapter 23, Subdivision Code, and Condition G of Change of Zone Ordinance No. 03-144 (REZ 1026) (See Exhibit M — Letters Dated June 1, 2004 to Sidney M. Fake and Gregory R. Mooers). The Police Department requests that safe ingress and egress for motorists from this proposed subdivision be provided onto Hawaii Belt Road. The Fire Department states that the gradient for a fire apparatus access road shall not exceed the maximum approved by the chief (15%). 25. Water: The Department of Water Supply commented that the applicant has seven (7) -6- units of water available for the proposed development and has granted a water commitment time extension until May 31, 2007. 26. Wastewater: There is no County wastewater system in the area. Sewage will be disposed of by individual wastewater systems meeting the standards and requirements of the State Department of Health. 27. Essential Utilities and Services: Utilities such as telephone, cable, and electrical services are available to the site. The applicant intends to bring the electricity directly from Mamalahoa Highway to the site. The nearest police station is located in Kealakehe, approximately five (5) miles from the property. There is a fire station at the intersection of Palani Road and the Queen Kaahumanu Highway, approximately four (4) miles from the site. A new fire station is planned for Kalaoa, less than 2 miles from the site. The closest public schools are located in Kealakehe, approximately three (3) miles from the property. AGENCIES'/ASSOCIATION COMMENTS 28. Department of Environmental Management -Solid Waste Division (May 5, 2004 Memo): "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 or Hilo transfer stations." 29. Police Department (April 23, 2004 Memo): "Staff has reviewed the above referenced applications and made the following comments: 1. Safe ingress and egress for motorists from this proposed subdivision onto Hawaii Belt Road; 2. Limiting the number of intersections on Hawaii Belt Road; 3. Assess sufficient impact fees to address public safety." 30. Office of Housing and Community Development (April 14, 2004 Memo): "Housing conditions, pursuant to the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing Policy, are not applicable to the requests for RA zoning." 31. Department of Land and Natural Resources Historic Preservation Division (June 4, 2003 Memo): "We believe there are no historic properties present because previous grubbing/grading -7- has altered [the] land. Thus, we believe that "no historic properties will be affected by this undertaking." 32. Department of Public Works: (See Exhibit C — April 22, 2004 Memo) 33. Department of Water Supply: (See Exhibit D — April 30 and May 24, 2004 Memos) 34. Fire Department: (See Exhibit E — April 12, 2004 Memo) 35. Department of Land and Natural Resources -Historic Preservation Division: (See Exhibit F — April 27 and May10, 2004 Letters) 36. Department of Health (See Exhibit G — April 30, 2004 Memo) AGENCIES - NO RESPONSES 37. Department of Transportation, NRCS and HELCO AGENCIES - NO COMMENTS 38. Department of Land and Natural Resources -Land Division APPLICANT'S REPONSE 39. The applicant has submitted several letters in response to comments (See Exhibit H — April 14, April 29, May 12 and May 28 and June 9 2004 Letters) PUBLIC COMMENTS 40. The Planning Department has received the following letters regarding the above referenced applications: Carol Souther: (See Exhibit I — Letters received March 29, May 10, May 24, June 1, June 2 and June 4 2004) 2. Gary Theriault: (See Exhibit J — Letter received April 16, 2004) 3. Dennis and Kathy Rement: .(See Exhibit K— Letter received May 25, 2004) 4. Patri A. Yamashita: (See Exhibit L — Letter received June 4, 2004) The applicant has submitted several letters of support under Exhibit C of the submitted application. -8- APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Rural) and COUNTY REZONING (FA -3a TO RA -.5a.) THOMAS M. SMITH Kohanaiki Homesteads, Kohanaiki, North Kona, Hawaii TMK: (3) 7-3-19:28 Prepared For: Thomas M. Smith Prepared By: Sidney M. Fuke, Planning Consultant March 2004 EXHIBIT ^S'FATIa LAND USE, JNDr4RY-AMENDMENT APPLICA=i_- __(15?CCRESOR-LES5)----------------_ _..---- COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PETITIONER: Tom Smith PETITIONER'S SIGNATURE: e�E: March 5 2004 ADDRESS: c/o 4054 McKinney Avenue Suite 310 Dallas, Texas 75204 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE: (BUS.) (214) 520-0600 (Res.) -41 `�-G77— 7jr7r(Fax)(zt4)559-3124 LANDOWNER SIGNATURE(S): DATE: `/' (May be by letter) TAX MAP STREET ADDRESS OF PROPERTY: "Church of God" Homestead Road ZONING: A -3a SIZE OF PROPERTY:_ 4. 07 a c r e s CURRENT STATE LAND USE DISTRICT CLASSIFICATION.Agriculture REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Rural AGENT: Sidney M. Fuke ADDRESS' 100 Pauaht Street Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.)969.1522 (Res.) (Fax) 969-7996 Please indicate to whom original correspondence and copies should be sent, ORIGINAL: Sidney Take COPIES: Tom Smith (See Instructions on Reverse Side) _Field Code Changed Field Code Changed Field Cade Changed Field Code Changed Field Code Changed Field [ode Cha ngad Field Code Ch.—n ": :°I Field Code Changed iili%',� Field Cede Changed t:, r, Field Cede Changed Field Code Chan yea Field Code Changed 1.11 Field Cade Changed 1 l: �i; Field Coda Changes Ih Field Code Chanyts !la!i, Field Code Changed Field Code Changed IIField Coat Changed $$§61'1 Field Code Changed Ali Field Code Changed Field Code Changed Field Code Changed !� Field Cade Changed Field Code Changed Field Code Channn.r CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Tom Smith APPLICANT'S SIGNATURE: clo 4054 McKinney Avenue, Suite 310 DATE: 3105104 Dallas, Texas 75204 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPALIS) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (214) 520.0600 (Res.) 2 - 6 5 7 - 7.r 2 T (Fax) (214) 559-3124 LANDOWNER(S): "T"N-vv� ok 3 k4liS�^ 1 LANDOWNER SIGNATURE(S): r-- DATE: D 3- a S- p o (May be by letter) LANDOWNERP (SADDRESS: ) 'i f ( lM.F(N��`7( 4v. L.Ti° REQUEST: A -3a TO RA -.5a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 7-3-19:28 STREBTADDRESSOFPROPERTY: "Church of God" Homestead Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:.. 4.07 acres AGENT: Sidney M. Fake Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) 969-1 (Fax) -69-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Tom Smith (See Instructions on Reverse Side) I 2 T mmnr uneo ntm Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? 4.07 acres b. Into what lot sizes? 1/2 acre C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1 month d. Do you intend to build houses on the newly created lots? Nn If yes, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? b• Sell or lease the land to someone who has tentative plans? c• Sell or lease the land to someone who has no plans? d. Keep it? e. f• If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? It will add much needed inventory to the region in an area. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? No If so, please list the kinds of products grown and on how many square feet or acres of land per product. The site has been used intermittently for cattle grazing in the past. 6. Was your request to allow for the creation of smaller agricultural lots? Somewhat If so, did your plan include the following considerations? a. Commodity to be produced? No What kinds of commodity? b. Suitability of the proposed lot -size for that commodity? No Sufficient farm size to allow reasonable chance of success in commercial agriculture? No n -2- Agricultural leases or other forms of assurance that potential buyers or leases wouid put the subject area into some form of agricultural use? No Please state the proposed type of arrangement. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. The objective was to create rural sized lots with the potential of limited or backyard farming. 7• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8• Do you think that the roads leading to the subject area needs improvements? Yes If so, what kind? The existing Homestead Road is inadequate. A new road through the adjoining subdivision will be used. Is the road adequate for the proposed traffic volume or load? New(y) 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? a. schools b. Roads C Sewer d. Drainage X -3- Yes No KI X X e. Police Protection f. Fire Protection y, Recreational Facilities h. Public Utilities r other Yes No a ! 14 14 !1 For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. The existing road is inadequate. Anew road will be constructed. See planning report for discussion. Signature: Address: 40---54"111 McKinney Av., Ste 310 Dallas, TX 75204 Telephone: (214)520-0600 Date: March 15, 2004 a E i A -4- COUNTY ENVIRONMENTAL REPORT STATE LAND USE and COUNTY REZONING REQUEST TOM SMITH TAX MAP KEY: (3) 7-3-19: 28 KOHANAIKI HOMESTEADS, KOHANAIKI, NORTH KONA, HAWAII I. INTRODUCTION The applicant, Tom Smith, is requesting to have a 4.07 -acre parcel reclassified into the Rural District and subsequently rezoned from Agriculture (A -3a) to Residential - Agricultural (RA -.5a) in Kohanaiki Homesteads, North Kona, Hawaii. The property is located on the north side of the "Church of God" Homestead Road, approximately 600 feet makai of its intersection with the Mamalahoa Highway. (See Figure 1) If approved, the applicant intends to subdivide the subject site into 7 residential - agricultural lots, with a minimum area of %2 acre or 21,780 square feet. A new County dedicable standard road would also be provided within the subject site. This north -south road would connect the Homestead Road with a future connector road within the planned Hualalai Vistas subdivision to its north. The Hualalai Vistas subdivision will have a new road intersecting at the Mamalahoa Highway, and that road would serve as the principal access to the subject site. II. PROJECT LOCATION The project area is located on the north side of the "Church of God" Homestead Road, approximately 600 feet makai or west of its intersection with the Mamalahoa Highway. The intersection of Kaloko Drive and Mamalahoa Highway is located approximately 800 feet south of this Homestead Road. There is a residential subdivision with lots ranging between 7,600 to 10,000 directly south of the subject site. (See Figure 2). 111. PROJECT DESCRIPTION A. Project Concept and Components The applicant initially explored different land use schemes for this site. These included a 14 -lot 10,000 square foot lot subdivision that would be generally consistent with the 18 -lot residential subdivision to its south. However, after taking into consideration market, infrastructure, and community factors, the applicant elected to proceed with the less dense 7 -lot subdivision, with lots no smaller than 21,780 square feet. (See Figure 3) 72-1099 32mm ainfa� t I nail nje� water I Univ. Hts. `rte+ - •G� tanks I West G w o b p ati rb I In, paved W aula Rd sa, aHo0pa1 o G to a w KalIIna KeahoFe p~� P � Kaale - - - - r� b � Hamanamana ° b G ~ _ _ - St 'w w a a w punahaole Rd - - _ a J a .0 F1 aKahi Dr----- d -f Dr fA1111113Iii D -.x Pi -E'l X aHighla ids' ti 000ta. T,oSaa Dr �%na �4 rough AhulaniSt ... coast Ke" Ahikawa St Nam s' o -73-4265 ' %ai,wa.p4 Palisades cem�ea Mauna.Ziona o �- ^a,_ Tefr..Y _ uri .Farm b CAq Paj - -7 OJdXaJaoa Scl Lit x Kamaka Ln bumoe St Kainaininani Dr ap te: Kona Hills Est I Kohawaiki Hmstd� 4wd J\ \ f 3� \ Kolo a l 0 Church o od Rd 1 Jn, Paved 3 b � e - n. G� \ Silver Oaks Ranrli -PI Kona ?o Ooma Ooma PP Pl His --Old Hmstd Rd Kona all Ponoi Old Mauka Gov't Rd Kaloko i \ ' Ha7i'a 0,�r j _ Kaloko 17 \O T `�lipoved / � vt ti 06 m � o — o � — w � a. ra IO I0 Y:L- s TSI Yi �i'T e� eet Site 7-3-19: 28) ° W� ` o w 'at 44 N O I C Nil y ly °v 1 \ Y Wj o24T a v n�° Q I' +Y I of 3 Nilg N D Y enr 4:1 `karvcnen.../•LI111 ce n � ,\ �� �/ / \.� / ��'' L I SII .r.r0 Y �� � - �. J t — iv 'X• L I I , II m I OO � Ilp I R 5Pp o F. 15 ,69r N.M 0 N Feu\ I N 1 11) 17 N N rl II ro n m 4 ro m , v N � a >I .11 p N 1 I 1� orl tF I F7 x U ww 2 O O � h cxs I .PII SI pl 1� I� II N r N -0 I cz d-+ w � I N I I O al N N rl II ro n m 4 ro v w � a pU 0�5 tF F7 x U O O � h I� II N r N -0 I cz d-+ w � I N I I o al N N rl II 1 I I _lees 3� w a pU 0�5 tF U Fi��care 33 I I II III O n QJ ru O M. F.19 The road within the proposed subdivision would be built to County dedicable standards. The paved road would be at least 20 feet wide within a 50 -foot wide right-of-way and is planned to be dedicated to the County. It would extend from the existing Homestead Road to the proposed development (Hualalai Vistas) north of the subject site. Hualalai Vista's preliminary subdivision -map used in conjunction withitsrezoning-application reflected a new north -south road extending to the subject property. (See Figure A) The applicant is thus proposing to have this road extended through its site up to the Homestead Road. A conceptual layout (which is not necessarily to scale) reflecting these two subdivisions is reflected in Figure 5. When both subdivisions are completed, County-dedicable standard access to the subject site, as well as to the existing lots that currently use the Homestead Road, will be available. The applicant understands that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate County subdivision requirements, appropriate conditions of zoning approval, and marketing demands. It should also be noted that the applicant intends to have covenants incorporated into the deeds of the respective lots to prohibit the construction of an "ohana" or 2°d dwelling. B. Project Timetable and Cost The applicant hopes to secure the necessary State Land Use and County rezoning approvals as soon as possible and begin the subdivision and development process immediately thereafter. Tentatively, plans call for having the lots on the market by early 2005. The estimated cost of the improvements is estimated at $500,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject area is designated Agriculture. To effectuate this project, the entire site is being requested to be reclassified into the Rural district. Based on the size of the requested area, no State Land Use Commission action is required. The County of Hawaii can process both the boundary reclassification and zoning requests. 2 TRUE NORTH N � o= J al Proposed ualala Vistas Subdivision (o 7-3 - 0 7.- 2r & 50) Y 0 JSC' j J`. •� B .. N e z o o 0 � z o o m� = m r" �2 W 3 Z CL, z D o Z oo ra :N, U O � O V D y r — FLAT OG nCu� FIP Nu i0/J/ Z _L � i 3 P. I r k r i ropoged om s �a Is N Pro i d Ii o o W-" -A�F-4 p I, 95. 1' `• .ti _ S' •j 3 i c X h.N f its �: sal NM Conceptual Pla �,eflectigg Two Propd` ed Subdivisions bt Dram to Scale) uL °° e �Ftkure -S *�ti zj B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Extensive Agriculture with the Urban Expansion overlay. The Extensive Agriculture designation refers to pasturage and range lands. This site also has the Urban Expansion overlay. This overlay allows for a mix of high density, medium, and low density uses. It should also be noted that the Planning Director's proposed revision to the General Plan LUPAG map suggests that this area be designated Low Density Urban. Based on the requested Residential -Agricultural (RA -.5a) zoning, the project would be consistent with the current and proposed General Plan and no amendments would be required. C. Draft Kona Regional Plan This plan attempts to further define the General Plan and serves as a guide for decision -makers. It was adopted by the Planning Commission in 1984. It has not, however, been adopted by the County Council. The Land Use Concept map of this plan identifies a Res/A-2 to A-3 designation for this area. This designation suggests residential/agricultural use, up to four (4) units per acre. Although the requested RA -.5 a zoning is not consistent with this designation, the concept of residential/agricultural is still being retained by this proposal. Furthermore, the fact that the planned designation on the General Plan LUPAG map is now Low Density Urban�it clearly suggests that this plan — which is nearly 20 years old - is somewhat outdated. A Keahole to Kailua (K to K) Development Plan The K to K Plan was adopted by the County council by resolution on April 3, 1991. This Plan is intended to serve as a guide to help with the planning and implementation of infrastructural and land use activities. The designation of this area is Residential Expansion. Accordingly, the requested RA -.5 zoning would be consistent with this Plan. E. County Zoning The County zoning of the subject area is A -3a, which allows for a minimum of 3 -acre lots. With the adoption of the new Zoning Code and the subsequent elimination of the A -3a category, the site de facto, became zoned Family -Agriculture (FA -3a). If approved, the site would be subdivided in a manner meeting with both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested RA -.5a zone would be adhered to. F. Special Management, Area The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. However, as the entire island falls within the State Coastal Zone Management (CZM) Area, some discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is more than five (5) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. An archaeological Inventory Survey of the subject site was undertaken. The survey recommended that two burials within a feature be preserved. This will be done, subsequent to the preparation and approval of a Burial Treatment Plan. As such, appropriate mitigation will be taken to minimize impacts to the area's historic resources. Furthermore, should there be any inadvertent finds during construction of the project, work will stop until clearances are received from the appropriate County and State agencies. The proposed action will involve the construction of improvements in a non- urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the eventual construction of a single-family dwelling on each of the respective lots. Given the slope of this site, the views of the coastline from the Mamalahoa Highway should not be impeded. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over five (5) miles from the ocean. Notwithstanding the distance, the nature of the project — residential — and the construction of only 7 private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating more residential lots in this area. This should thus provide short-term construction jobs. In the long run, by 4 aiding the housing situation, the project could help provide the needed support for the expansion of the area's economy. In so doing, the project could aid the area and island's economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned RA -.5a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will be sent by the applicant to surrounding property owners of the submittal of the application, and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. H. Other Permitting Considerations Should these applications be approved, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The elevation of the site is approximately 1,500 feet above mean sea level. The mean annual rainfall in this area ranges between 50 and 75 inches. The wetter months tend to occur between October through April. The mean annual temperature is about seventy five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The parcel is somewhat odd shaped. It has about a 550 -foot wide frontage along the Homestead Road, with a width of 320 feet and 290 feet, along the mauka or eastern end and makai end, respectively. There is a slight jog on the makai side of the property. The site is vacant of any structures. The site essentially has been used in the past periodically for cattle grazing. B. Soils and Topography The topography of the site slopes slightly in a mauka (east) to makai (west) direction. There is a gradual 10 percent slope from the Mamalahoa Highway side of the site to makai end of the project area. The US Department of Agriculture - Natural Resources Conservation Service (formerly Soil Conservation Service) Soil Survey Report classifies the soil to be of the Punalu'u Series. The Punalu'u Series consists of well -drained thin organic soils over pahoehoe lava bedrock. Permeability is rapid, runoff is slow, and the erosion hazard slight. This type of soil was typically used for cattle grazing. The Land Study Bureau Overall Master Productivity Rating for the subject area is Class "D" (D267) or poor. This designation suggests that the site does not have a very high potential for agricultural productivity. The Bureau notes that this soil series (Aa with Honuaula and Moaula) has limited soil material. Nonetheless, its soil texture is moderately fine, the color is dark brown; and the parent material is volcanic ash and pahoehoe. It is moderately very well drained, and because it is rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. The State of Hawaii's Agricultural Lands Of Importance to the State of Hawaii (ALISH) maps does not classify this site as being either "prime, unique, or other" agricultural land. C. Natural Hazards Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the project site to be located in Zone X, areas outside the 500 -year flood plain. 2. Tsunami Hazard As the site is located over 5 miles from the ocean and near the 1,500 foot elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also fall in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared by bulldozers in the past. Further, the site has been and intermittently continues to be used for cattle grazing. A botanical survey done by Dr. Ron Terry for the adjoining Hualalai Vistas project in January 2003 concluded that "No rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service appear to be present on the parcel, nor are there unique or valuable wildlife habitats." Given the proximity and general characteristics of the adjoining site, it would appear that that conclusion could also be arrived for this parcel. A visual inspection of the site, however, notes that the presence of patches of lantana (Lantana camara) and Christmas Berry (Schinus terebinthifolius. Thus, floral impacts should be minimal. The site is not known or registered as a habitat for rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk or Hawaiian Owl flying in the general area. E. Historic/Archaeological Resources Archaeological Consultants of the Pacific performed an archaeological inventory survey of the subject site. This survey consisted of a 100% surface survey as well as limited subsurface testing. One site was identified which consisted of a habitation/agricultural complex. This complex consisted of a collapsed house, walls, enclosures, mounds and terraces, and a burial feature. The consulting archaeologist is recommending that the burial feature be preserved in place, subject to the preparation and approval of a Burial Mitigation Plan, and that no further work is necessary. A copy of this report is found in Exhibit A. Nonetheless, during the course of developing the subdivision, should any unanticipated archaeological features or sites be discovered, work will immediately cease and the applicant will notify the Planning Department. Upon receipt of clearances, work will resume. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa 'akai O Ka Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. Relative to mountain access, no trails were identified on the subject site by the consulting archaeologist. Furthermore, given the Mamalahoa Highway and surrounding residential subdivision mauka of the subject site, no mountain access will be adversely impacted by the development of this site. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for cattle grazing for over 50 years, it would appear unlikely that the site would serve such purpose today. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact re ative to t e cu tura and historical resources of the area. G. Water and Coastal Resources The subject site is located well over 5 miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non -coastal property, no coastal access will be affected. As the wastewater from the project will be serviced by sewer system meeting with the approval of the Department of Health, septic tank or related system meeting with the approval of said agency would be done by the respective property owners at the time of issuance of a building permit for the proposed lots. H. Noise, Air Quality, and Dust As the site and the surrounding lots are proximate to the Mamalahoa Highway, the ambient noise level relative to traffic is a little higher. Nonetheless, the area is still rural/residential in character. The addition of vehicular movement's generated by 7 more lots should not generate an appreciably higher level of noise. There will, however, be short-term noise impacts associated with the construction of the infrastructure for the proposed subdivision. Contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct air quali impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant. With higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction dust, however, like construction noise will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natura Beauty element o t e General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in the Kona area. The most notable is the backdrop of the Hualalai Mountain. The proposed development would not have any visual impacts on this mountain and other listed scenic resources in the area. The site is located more on the lower slope of Hualalai Mountain, and the normal residential height should not detract from the mountain. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The predominant land use in this area is single-family residential. To the south of the subject site is the 18 -lot residential subdivision with lots ranging between 7,500 to 10,000 square feet. There are also a number of 1-3+ acre sized lots in this area. The zoning designation of properties south and west of the subject site is A -3a. Many of the lots are smaller than 3 -acres and hence are considered non -conforming relative to lot size. Properties to the north are generally existing or planned for 1 -acre lots. These include the adjoining proposed Hualalai Vistas subdivision and the existing Kona Hills Subdivision. Those two projects are zoned for 1 -acre lots. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make fee simple lots available to individuals wishing to live in this part of Kona. In turn, it would minimize the pressure to utilize more important agricultural properties along the Coffee Belt, and thereby impacting an important industry. Further, there will be some short-term constntction activity. And this, could help with the area's economy. 10 C. Agricultural Impacts The site has not been used for intensive agricultural activity. It has been used essentially and intermittently for cattle grazing. While this use could continue, it may not be a productive use of the land, given the emerging rural - residential pattern of this area. More importantly, the land has not been classified as being important from an agricultural resource perspective under the various soil classification systems. It is classified as "D" or poor by the Land Study Bureau and not even classified under the ALISH system. Because of the site's location (North Kona) and elevation (1,500 feet), it represents a fairly attractive area for rural -residential projects. As such, it could reduce pressures for the development or non-agricultural use of the better agricultural lands in and around Holualoa and the rest of the Coffee Belt. In so doing, it would indirectly help or further the agricultural objectives of the County. VII. INFRASTRUCTURE CONSIDERATIONS A. Road The ultimate access to the project would be via a County -standard road from the adjoining and planned Hualalai Vistas subdivision. In the ordinance resulting in the rezoning of the Hualalai Vistas project (Exhibit B), the County required as condition G that there be at least a one new road connecting properties to its north and south. The southern road would allow for a connection to the Homestead Road. These roads are required to be built to County dedicable standards and subsequently dedicated to the County. Condition F also required that the intersection of the subdivision road with the Mamalahoa Highway be improved, which may include a dedicated left turn lane from the Highway into the project site. The applicant intends to extend the road from the Hualalai Vistas project to the Homestead Road. This extension would be built to County dedicable standard and subsequently dedicated to the County. In so doing, improved access to the Mamalahoa Highway will become available for surrounding properties. This should minimize use of the existing Homestead Road. The applicant met with some of the area residents on this matter. Four (4) letters of support of this concept are found in Exhibit C. B. Water There is a County water line along the Mamalahoa Highway. This line will be extended to service the proposed lots either through the existing Homestead Road or from the proposed Hualalai Vistas subdivision. According to discussions with the Department of Water Supply, water is available for the proposed 7 -lot subdivision. This would be subject to the applicant's payment of the water commitment fee. C. Wastewater There is no County wastewater system in this area. As such, a septic tank system meeting with the approval of the Department of Health will be allowed. The respective lot owners will do this at the time of actual construction of the residences. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested RA -.5a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. E. Other Government Services As this area is already part of the North Kona urban area, it is already being serviced. No extension of government services would be required. The Fire Station is located in Kailua, approximately five (5) miles away. A new one is planned for Kalaoa, less than 2 miles from the subject site. The Police Station is located at Kealakehe, approximately four (4) miles from the subject site. Elementary schools are available at Holualoa, Kealakehe, or Kahakai. Intermediate and High Schools would be available at Kealakehe, approximately three (3) miles away. County parks are available in Kailua, Keauhou, and Kealakehe. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 12 F. Other Utilities All other utilities such as telephone, cable, and electrical services, are available to the site. The applicant intends to bring the electricity directly from the Mamalahoa Highway to the subject site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short -Term Uses of Environment and Maintenance and Enhancement of Lone -Term Productivity If the requests were denied, the short-term use of the site would probably be an undeveloped tract of land and used intermittently for cattle grazing. There could also be the possibility of using the land as a large single-family lot. Given the rural -residential nature of this general area, the retention of the Agriculture (A -3a) zoning may not result in the best development of the site. There would be a large residential lot, which - because of its resource characteristics - may not be capable of supporting intensive agricultural activities. At the same time, pressures could occur on the conversion of lands currently being used for more intensive agricultural activities in the mauka Holualoa area. Given those conditions, it may be more prudent from a land use perspective to more effectively utilize the project site to satisfy a residential lot demand than to subdivide them into large lots. The projected use could indirectly help retard the pressures for the unnecessary conversion of the better agricultural lands for residential activities. Notwithstanding the agricultural implications, the development of this site would also help improve the overall traffic circulation system in this area. When this and the Hualalai Vistas projects are completed, there would be improved access to the Mamalahoa Highway for residents who must now utilize the substandard and dangerous Homestead Road. B. Irreversible and Irretrievable Commitment of Resources The subject site is already partially disturbed. As such, the project should not result in an irreversible commitment of natural or archaeological resources. There were no known floral or faunal resources in this area. Furthermore, the identified burial feature will be preserved in place. 13 C. Mitigative Measures The applicant intends to provide the required on-site infrastructure in conjunction with the subdivision process. At the same time, any drainage issue will be mitigated, as plans meeting with the requirements of the County would have to be implemented m conjunction with the subdivision approval process. Should unanticipated archaeological finds be discovered during the construction of the project, work will stop (as is required by the State and County) and clearance secured before work will resume. As the site is presently vacant, no person or businesses would be dislocated. D. Alternatives to the Proposed Proiect No Proiect Under this status quo alternative, the site will either remain in its present condition or be developed into a 4 -acre lot project. This alternative would result in short-term construction impacts (noise, dust, traffic) resulting from the construction of a dwelling. Additional vehicular traffic, although not significant, resulting from the ultimate uses within the site would also be present. The site, however, would not be utilized to its fullest potential, given the predominant residential land uses in this area. And there would not be an opportunity for improved access to the Mamalahoa Highway for the surrounding community. Alternative Residential Density Under this alternative, the applicant could seek a RS -10 zoning. This would be consistent with the land use goals of the General Plan and K -K Plan, as well as the neighboring 7,500 square foot lot subdivision. However, such an approach would not create a mixture of density and lot sizes that could make a community more attractive. Further, it could add a little more traffic to this area than what some residents may perceive as being acceptable until other improvements are made. 14 A larger lot subdivision (such as one to three acres) may not make the development financially feasible. Further, the price of the lot would also be influenced by the lot size, making the area less available for a broader segment of the community. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not appear to be pronounced. Certain mitigative measures will be taken to address any possible impacts resulting from this project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and all other related planning documents affecting the subject site. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested RA -.5a alternative. IX. REGULATORY ANALYSIS A. General Plan LUPAG Man The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Extensive Agriculture, with an Urban Expansion overlay. The proposed revision calls for Urban Density. These designations allow the requested RA -.5a zoning. It should be noted that a density of 4 units per acre (or RS -10) could have been considered. As such, the project would be significantly less than what could be allowed and is thus consistent or supportive of the LUPAG map. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it would provide short-term economic opportunities largely through the construction of the subdivision and the homes. The project should also add revenues to the County and State coffers. 15 The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of wind patterns. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. Cesspools would not be used, and instead a septic system or other alternative individual wastewater system meeting with the State Department of Health will be used to address potential groundwater and coastal water concerns. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, as residents would come to this area to enjoy its tranquillity. Any noise - generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts. The site is designated Zone X, areas of minimal hazard. Nonetheless, in in conjunction with the subdivision review process, a drainage system will be developed and implemented to address these concerns. This system will be designed in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does have a historic site that is worthy of physical preservation. The burial feature will be preserved subsequent to the preparation and approval of a Burial Treatment Plan. Furthermore, work will cease if unanticipated archaeological remains are discovered during the construction of the project; and work will resume only after proper clearances from the State and/or County has been received. Being previously used, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. The project will create additional houselots. It should help to diversity the type of houselots in the region, while reducing pressures for the premature conversion of the area's better agricultural lands. In so doing, it would implement the housing element of the General Plan. 16 The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project will be designed in a manner so as to have it blend as much as possible with the existing terrain. As the project site is more than five (5) miles from the ocean, the usual coastal resources concern is not pronounced.- There will be no interference with shoreline access. Then, too, through the use of septic system, impacts to the coastal water will be minimized. There will be little impact to public facilities. The wastewater system will be private. The water system will be developed in a manner meeting with the requirements of the Department of Water Supply. Vehicular access to the site will be improved through the efforts to this and the Hualalai Vistas project. Schools and other public facilities are also located proximate to the site, most of them being four (4) to five (5) miles away. Finally, in terms of Land Use, the project would be consistent with the LUPAG map. It would also be generally compatible with the surroundin area. Notwithstanding the A -3a zoning of this area, many of the lots in this area range between 7,500 square feet to 1 acre. This lot represents an "in- filling" of the rural -residential pattern of this general area. C. Kona Plans The draft Kona Regional Plan suggests a Res (A-2 to A-3) density, while the K to K plan suggests a 1 -acre density. The requested RA -.5a zoning would not be necessarily consistent with those recommended densities. Given the existing and proposed LUPAG designations of the General Plan, the Kona Regional Plan would need to be updated. Then, too, the governing regulatory document is the General Plan, which this request is consistent with. D. Zoning and Subdivision The designated zoning of the site is Agriculture (A -3a). However, as the recently adopted Zoning Code eliminated that designation, the de facto zoning of the site has been determined to be Family -Agriculture (FA -3a). This would suggest one unit for every three acres of land. The requirements of the zoning and subdivision codes would be complied, including use and related development standards. These would also include compliance with any conditions of the zone change. 17 It should also be noted that Section 25-5-50 of the Zoning Code describes the Residential -Agricultural district as one which "provides for activities or uses characterized by low density residential lots in rural areas where "city -like " concentrations ofpeople, structures, streets, and urban level ofservices are absent, and where small farms are intermixed with low density residential lots. The RA district is intended to be only withinareas designated as being in the state land use rural or urban districts. This description is similar to the State Land Use standards for a Rural district, as outlined below. This request would meet that test both in terms of lot size (one-half acre) and characteristics. This area is not characterized by "city -like" concentrations of people or structures. Although there are some small (7,500 square foot lots), the number of lots and general character of this area is more % acre to 3 acres. There are also some small, albeit not intensive farms, in this general area. D. State Land Use Rural Standards As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the General Plan The project's relationship and conformity are demonstrated in sections IX A and B above. 2. Relationship to State Land Use Rural District Standards Chapter 205-2 (c), Hawaii Revised Statutes, states that "Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one- half acre, except as provided by county ordinance pursuant to section 46-6(c), in areas where "city -like" concentration ofpeople, structures, streets, and urban level ofservices are absent, and where small farms are intermixed with low density residential lots.... " Pursuant to that requirement, the State Land Use Commission's Rules outline the standards for determining the Rural district boundaries (Section 15-15-21). Their relationship to this request are noted as follows: 18 a. Areas consisting of small farms The lots in this general area represent a mixture of land uses and land area. There are lots as small as 7,500 square feet to 3-5 acres. While there are some small farms —albeit not intensively cultivated - in this area, for the most parts, lots in this area are used more for residential than agricultural purposes. This may be due in part to a number of factors, such as the nature of the soil resources (Class D or poor), lifestyle, or economic. Nevertheless, aside from the 7,500 -lot subdivision, many of the surrounding lot sizes — as would be the proposed .5 acre lots - however, are conducive or suitable for small farms. There are a few small farms in this area, and there is a potential for more farms. Some of the proposed lots within this project could also provide that activity. In so doing, it would increase the overall number of small farms in this area and further this "small farm" objective. b. Low-density residential character This criterion or standard calls for "Activities or uses as characterized by low-density residential lots ofnot less than one-half acre and a density of not more than one single-family dwelling per one-half acre in areas where "city -like " concentration ofpeople, structures, streets, and urban level of services are absent, and where small farms are intermixed with the low-density residential lots. " As noted earlier, the requested land area of 1/2 acre would be consistent with this standard. Furthermore, this area is characterized by a mixture of lot sizes. There are low-density residential lots in this general area, with lots as small as 7,500 square feet. Then, too, there are somewhat larger lots (1-5 acres) that have the capability of being used more intensively for small farms. The planned Hualalai Vistas subdivision has agricultural use restriction by virtue of its State Land Use Agricultural designation. This project will also provide small farm opportunities. Thus, collectively, these projects will add to the overall number of small farms in this area. 19 This area does not have a "city -like" concentration of people or structures, unlike the Kona Palisades and areas to the north. Thus, given the absence of "urban" characteristics and the presence of a few small farms plus the potential for more with this and the Hualalai Vista project, this project would be consistent with this standard. C. Inclusion of contiguous parcels not suitable for low-density residential uses for small farm or agricultural uses This criterion is not really applicable. The rules read that the rural district boundary "may also include parcels ofland which are surrounded by, or contiguous to this (rural) district, and are not suited to low-density residential uses for small farm or agricultural uses. " This request, if approved, would be the first Rural designation in this area. As such, it would not be contiguous to or surrounded by other Rural districts. However, if approved, it could serve as the basis for other properties to be reclassified into this district. 20 EXHIBIT Abstract An Archaeological Inventory Survey has been conducted -on a property located in Kohanaiki Ahupua`a, in the District of North Kona on the Island of Hawaii. The purpose of the current investigations was to determine if significant historic properties exist within the project limits and, if present, properly document and evaluate those sites. The current investigations took the form of a 100% surface survey of the subject property with limited subsurface testing. One site of significance to the interests of historic preservation (Site 50-10-28-24133) was identified during the surface survey. Site 24133 consisted of a habitation/agricultural complex consisting of a collapsed house, walls, enclosures, mounds and terraces, as well as one burial feature (Feature 24133:14). Based upon the results of the current investigations, Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would an "effect' on significant historic properties at Site 24133. However, sufficient information has been recovered during the current investigations such that no further archaeological investigations are necessary. While no further archaeological work is recommended, further mitigation in the form of a Burial Treatment Plan is recommended for the two burials contained within Feature 24133:14. Contents Abstract............................................................................................................................................ i Section 1: Introduction.....................................................................................................................1 Location of the Subject Property on a US GS Topographic Map.....................................3 Section 2: Environmental Setting....................................................................................................1 Figure 3: Section 3: Historic Background for Kohanaiki Ahupua`a and North Kona District .......................5 Section 3.1: Legends and Traditional Accounts..................................................................5 Plan Map of Site 24133 Showing Feature Locations.....................................................15 Section -3.-2:- Land -Use-.-.: ,:-::.-- ........ ::... :... :..:..::::::-..:::::.::--.-...—.- ::::.:...::...:.,:- ::-,.:-.-....-:5 Figure 5: Section 3.3: Previous Archaeology......................................................................................8 Section 3.4: Settlement Patterns........................................................................................10 Feature 24133:5, Profile of TU 3...................................................................................19 Section3.5: Expected Finds...............................................................................................1 l Section 4: Archaeological Methods...............................................................................................1 l Section 5: Archaeological Findings...............................................................................................13 Plan View of Feature 24133:12, Paved Mound.............................................................20 Section 6: Discussion.....................................................................................................................21 Figure 9: Section 7: Evaluation of Site Significance.....................................................................................24 Conclusion.....................................................................................................................................25 Feature 24133:14, Profile of TU 1...............................................................................23 ReferencesCited............................................................................................................................26 Figure 11: Illustrations Figure 1: Project Location on a Map ofHawai`i.............................................................................2 Figure 2: Location of the Subject Property on a US GS Topographic Map.....................................3 Figure 3: Location of the Subject Property on a TMK Map............................................................4 Figure 4: Plan Map of Site 24133 Showing Feature Locations.....................................................15 Figure 5: Photographs of Features 24133:5 and 14.......................................................................18 Figure 6: Feature 24133:5, Profile of TU 3...................................................................................19 Figure 7: Feature 24133:12, Profile of TU 2.................................................................................19 Figure 8: Plan View of Feature 24133:12, Paved Mound.............................................................20 Figure 9: Plan View of Feature 24133:14, Walled Enclosure with Platform................................22 Figure 10: Feature 24133:14, Profile of TU 1...............................................................................23 Figure 11: Plan View of Subfeatures 24133:14a and b, TU I .......................................................23 Tables Table 1: Previous Archaeological Investigations in Kohanaiki Ahupua`a......................................9 Table 2: Summary of Features at Site 24133.................................................................................13 Table 3: Summary of Site 24133 Test Units and Shovel Test Units.............................................16 Table 4: Artifact Analysis, Site 24133...........................................................................................16 Table 5: Summary of Site Significance Evaluations.....................................................................24 I An Archaeological Inventory Survey Report for TMK: 7-03-19: 28, Located in Kohanaiki Ahupua'a, North Kona District, Island of Hawaii Section 1: Introduction At the request of Mr. Thomas M. Smith, Archaeological Consultants of the Pacific, Inc. (ACP) has conducted an Archaeological Inventory Survey of a private property located at TMK: 7-03-19: 28, in the ahupua `a of Kohanaiki, district of North Kona, on the island of Hawaii (see Figure 1). Mr. Smith is the current landowner. The purpose of these archaeological investigations was to perform the tasks and meet the requirements specified by the State of Hawaii, Department of Land and Natural Resources, State Historic Preservation Division (DLNR-SHPD). These investigations would allow for the identification of potential historic resources located on the property as well as an evaluation of their significance including their eligibility for inclusion in the National Register of Historic Places. These investigations also allow for the making of recommendations concerning the mitigation of the impact of future construction activities upon potentially significant historic resources. The following report presents a background of the region which includes reviews of the previous archaeology conducted in the region, previous land uses and settlement patterns. Following these sections, detailed descriptions of the archaeological features inventoried during the investigation are provided. The descriptions include discussions concerning functional aspects of the features as well as their estimated ages. Section 2: Environmental Setting The current subject property consists of a single parcel in Kohanaiki Ahupua`a (TMK: 7- 03-19: 28). Kohanaiki is located on the lower west slope of Hualalai Volcano between the ahupua'a of O`oma and Kaloko in the District of North Kona. The subject property measured roughly 191 x 99 meters (m) covering a total area of 3.92 acres. The project area is located 650 m from the shoreline, ranging in elevation from 1410 to 1480 feet AMSL (above mean sea level)(see Figures 2 and 3). Much of the subject property is covered by dense vegetation, primarily silver oak (Grevillea robusta) and Christmas berry (Schinus terebinthifolius). Towards the northeastern portion of the subject parcel as well as the northwestern area are small stands of mature mango trees (Mangifera indica). Additional vegetation observed on the subject property includes 1: Project Location on a Map of Hawai'i oa Upolu Point North Kohala South Kohala Hamakua /North Hilo \I i Hilo North Kona i South \'I Kona r Ka Present District Boundaries Are Depicted ihanaiki TMK: (3) 7-3-19:28 Kau South Hilo Puna Q HAWAIIAN (�� plJ ISLANDS �wnu H -A-LXg1 0 5 10 20 30 Scale in Miles after: Spriggs and Tanaka 1988 Figure 2: Location of the Subject Property on a USGS Topographic Map bamboo (Bambusa vulgaris), guava (Psidium guajava), air plants (Kalanchoe pinnata), rose apple (Eugenia jarnbos), waiwi (Psidium cattleianum) shampoo ginger (Zingiber zerumbet), coffee (Cofj`ea arabica), hibiscus (Hibiscus sp.) and a variety of weeds and grasses. Sato, Ikeda, Paeth, Smythe and Takehiro (1973) depict the area in which the subject property is located as Kaimu extremely stony peat (6-20% slopes) consisting of very dark brown extremely stony peat above fragmental a'a, "not suitable for cultivation." Rainfall on the subject property averages between 40 and 50 inches annually (Armstrong 1973). Section 3: Historic Background for Kohanaiki Ahupua`a and North Kona District Section 3.1: Legends and Traditional Accounts While no specific legends or traditional accounts could be found associated with Kohanaiki Ahupua`a in particular, numerous accounts exist for the general area of Kekaha of which Kohanaiki is located in the southern portion. Kekaha extends from Honokohau to `Anaeho`omalu Ahupua`a and is described as a place "held by the kahuna class of Kauahi and Naulu" (Kamakau 1961:231). The area of Kekaha is mentioned in several stories associated with various chiefs such as Keeaumoku and Kamehameha who traveled frequently along the coast of the Kekaha, landing their canoes in Honaunau, Napo`opo`o, Ke`ei and other villages situated on the ocean to hold meeting and also to wage war (Kamakau 1992:118). It is also believed that the bones of Kamehameha were hidden in the adjacent ahupua `a of Kaloko: Kamehameha had therefore entrusted his bones to Ulu-maheihei Hoa -pili with instructions to put them in a place which would never be pointed out to anyone. At midnight, therefore, when black darkness had fallen and no one was likely to be on the road and the rough lavaplains of Pu`uokaloa lay hushed, Hoa -pili sent his man, Ho`olulu, to bring the container of wicker work in which the bones of Kamehameha were kept to Kaloko in Kekaha. Section 3.2: Land Use The initial use of the leeward coast of western Hawaii Island would have likely consisted of the temporary utilization of the littoral zone for the purpose of exploiting its marine resources. Simple structures constructed near the shore would have provided temporary shelter. As the population of the islands increased, permanent settlement would have likely been established along the coastal plain and slowly expanded around embayments and other favorable locations (i.e., locations providing a protected canoe landing, sources of potable water, etc.). In Kohanaiki Ahupua`a, permanently established settlement is believed to have begun between AD 900 to 1100 (Cordy et al. 1991:565). As the permanent habitation of the area became established, agricultural pursuits expanded inland with the interior of the ahupua'a being used to produce food staples such as taro, breadfruit and sweet potatoes. Significant expansion of the pre -Contact population dates to the time of the Kona chief `Ehu-kai-malino, a contemporary of Liloa, the founder of the Hawaii Island dynastic line. Liloa's rule was inherited by `Umi-a-Liloa, who decided to transfer his court from Waipi`o to Kona "where the climate was warm." From `Umi's dynastic line would eventually emerge Kamehameha the Great. `Umi is important to the history of land use in Kona because he is traditionally associated with active farming and fishing in Waipi`o and Kona. `Umi-a-Liloa had two principal occupations, which he undertook to do with his own hands: they were farming and fishing. He built large taro patches in Waipio, and he tilled -the soil in allplaces- where he resided, and when in Kona that was his great occupation: he was noted as a husbandman king (Fomander 1919:v.4, 230). `Umi is said to have been born about 1450 (Fomander 1919:313) and would have been active in the Kona district in the late 15`h and early 16`h centuries. Others, utilizing twenty years per generation, have placed `Umi's reign approximately one century later (Cordy 1981). `Umi was familiar with traditional wet taro farming in valleys, like Waipi `o, which had a perennial stream that could be tapped for irrigation. Unlike Waipi`o, the Kona District, which `Umi chose as his residence, had no river or stream. The Kona gardens are, therefore, unique in that they show Hawaiian adaptation to dry taro farming in which `Umi could have experimented. `Umi loved Kailua so much that he planned to be buried there. He ordered stone slabs made of fine- grained basalt for his tomb, which are said to have been placed "in the cave of `Umi-a-Liloa at Keopu in Kailua" (Kamakau 1961:52). Cordy et al. (1991:562) suggest that the high chiefs holding Kaloko in the late 1700's were Keawepoepoe and his son, Kame`eiamoku. Keawepoepoe and Kame`eiamoku were descendants of Laeanuikaumanamana, son of the Kona District chief Ehunuikaimalino, who was granted control of Kekaha by Liloa. ... he received as a gift in perpetuity from Liloa the land in Kona district called Kekaha, which, through all the subsequent vicissitudes of wars and revolutions, remained undisturbed in Laeanui's family until the time of Kamehameha I (Fomander 1969,11:76 in Cordy et al. 1991). Upon Kame`eiamoku's death in the 1803 'oku'u epidemic, his lands were inherited by his son Hoapili and eventually passed on to Hoapili's heir Lot Kamehameha in the Great Mahele. Cordy et al. also cite two stories which link Kame`eiamoku's family with Kaloko; ... the accounts of the burial of Kahekili, ruler of Maui, and of the burial of Kamehameha. On Kahekili's death ca. 1794, one series of accounts state that his remains were removed to Hawaii island by his sacred half-brothers — the twins Kame`eiamoku and Kamanawa — to a Kaloko burial cave (Fomander 1969,11:260; Kamakau 1961:41). This story is plausible because the twins were widely considered to actually have been the "tabued twin children" or "the twins of the burning tabu of Ke-kau-like." Kekaulike was the Maui ruler, and thus the twins would be half brothers of Kahekilt Thus, although their genealogical claim of Keawepoepoe as their father— even if fictive — was formally maintained, they were also considered children of Kekaulike (Kamakau 1961:86, 88; Fomander 1969, ❑:note 4 on 154). When Kamehameha died in 1819 in Kailua-Kona, accounts note that Hoapili and his half-brother, Ho`olulu, removed Kamehameha's bones — at Kamehameha's prior request— and took them to Kaloko, where they were hidden in a burial cave (Kamakau 1961:212-215; Barrere 1975). This account and that of Kahekili's burial have often been dismissed as just another set of unverifiable stories. But, as a land held by Kamc'eiamoku and Hoapili, Kaloko does make sense as a burial location (Cordy et al. 1991:564). The introduction of cattle to the Kona area by Vancouver in 1794, drastically changed land use patterns in the area. In the beginning, cattle were protected by a kapu for ten years so they could multiply. This initiated the construction of a walled enclosure of about 485 acres above Kainahu. From the offspring of these first cattle the first ranches were stocked, "The animals, living wild in the upland forests, multiplied and became dangerous to humans, and a scourge to the cultivated upland fields of Hawaiian farmers" (Kelly 1983:79). Thus, -the building of protective stone walls became an integral aspect of land use in Kona; the remains of these rock walls mark the slopes above the Kona coast today. By 1845, half a century after Vancouver's cattle introduction, land use had been partially converted from gardens to ranching. But, in many areas the traditional land use patterns in the upland agricultural zones remained much the same. Here is how Wilkes described the environs of the Kailua area in the early 1840s: ... a mile back from the shore, the surface is covered with herbage, which maintains cattle, etc.; and two miles in the interior there is sufficient moisture to keep up a constant verdure. Here, in a belt a mile wide, the breadfruit is met with in abundance, and above this the taro is cultivated with success (Wilkes 1845: vol. 4, 95). During the Great Mahele (1848), Kohanaiki Ahupua`a was classified as Government Lands and was sold in parcels by the government to raise money (O'Hare and Goodfellow 1992). Because of this reason, no claims were awarded to native tenants. The subject property was sold in 1856 as Grant No. 2030 which was comprised of 102 acres and awarded to Kaiakoili (Clark and Rechtman 2002). George Bowser, author of, The Hawaiian Kingdom Statistical and Commercial Directory (1880), offers a descriptive account of the lands which made up Grant 2030. Bowser traveled throughout the North Kona District and upland areas and discusses the 600 acres in the Kohanaiki Ahupua`a which was owned by Kaiakoili: Presently I reached the ridges of the mountain, and had a fine view of the surrounding country. Fronting the sea for many miles in North Kona there is a rich tract of bottom land which might be turned to good account. Large areas of the mountain land might also be cultivated for coffee. It is a shame to see so many hundred square miles of county lying waste for want of enterprise on the part of its owner. I was astonished to see in this district how bananas, mangoes, oranges, pineapples, in short, all of the fruits belonging to these islands grow in profusion and yield splendid crops upon the bare lava. Ferns, it is not so surprising to see, for they will grow in all sorts of rocky situations, but the luxuriance of their growth is wonderful. In many places you may see them growing to a height of five -and -twenty feet. The ferns except the variety which yields the pulu, are only fond to look at, for if there is an edible fern here, as in New Zealand, the natives have had too many other more tempting fruits of the soil at hand to think of turning it to account. But the fruits I have just alluded to ought to be worth something if anyone would try to utilize them. They are so fine in quality and grow in such profusion that I feel sure some enterprising person will yet make a fortune by being the fust to turn them to account. At Kohanaike (sic), aplace about six miles short of my destination, I came upon a store kept by a Chinaman, who has Hawaiianized his name to Akao. Here the tourist, if he has no supplies with him, can get anything he wants in the way of canned fish, mills, crackers, etc., and if night should overtake him here, a bed can always be had (Bowser 1880: 548-9). Summarizing, the consensus of historians, archaeologists and political scientists is that major changes have occurred in the traditional Hawaiian land -use patterns from the time of Contact until present. There has been a fundamental transition over the last two centuries from subsistence to commercial land use -involving ranching and-export-crops-(e.g.-coffee)-and-more recently residential subdivisions and resort development. Furthermore, these changes began to intensify after the Great Mahele when land ownership was opened to non -Hawaiians and agricultural productivity was linked to the forces of international commerce and trade. Specifically, social historians have noted the following five changes in the transition from subsistence farming to commercial ranching in the post -Contact period. First, the introduction of exotic plant and animal species transformed the face of the land: Introduced species mentioned by pre -1820 visitors included cabbage, melons, onions, oranges, and tobacco; by post -1820 (to 1840) visitors mentioned most of these crops, plus beans, coffee, corn, pineapple, Irish potatoes and pumpkin (Schilt 1984:24). Second, the sandalwood trade had a disruptive impact on the Kona population and agricultural labor pool. Third, people moved out or died from introduced diseases. The Kona population appears to have reduced by nearly half between 1824 and 1835, from about 20,000 to about 11,000 (Schilt 1984:24). Fourth, the shift to commercial crops such as coffee and sugar forced Hawaiian fanners to abandon traditional horticulture. Fifth, and finally, in post -statehood years, commercial agriculture and ranching began to yield to urbanization, as farm lands were converted into residential subdivisions, tourists hotels, warehouses, and business offices. Section 3.3: Previous Archaeology Several archaeological investigations have been conducted in Kohanaiki Ahupua`a. These investigations are briefly described below and summarized in Table 1. In 1930, John Reinecke minimally documented and mapped six sites along the coast which included a habitation site and a heiau. Sites were recorded in the State Index of Historic Places (SIHP) as 1902, 1905-1909. A survey of the coastal area performed by Cordy (198 1) recorded twelve sites including pavings, platforms, enclosures and a trail. Of the twelve sites, eleven were interpreted as habitation constructs such as sleeping houses, men's houses, special purpose, and a canoe house/men's house. Between 1985 and 1992 Rosendahl conducted phased archaeological investigations of a 470 -acre parcel spanning the width of Kohanaiki Ahupua`a (Rosendahl 1985; Dohnam 1986, Jensen and Rosendahl 1988; O'Hare and Goodfellow 1992). Investigations resulted in the recordation of 108 sites with more than half of the sites believed to be habitational. Also 8 Table 1: Previous Archaeological Investigations in Kohanaiki Ahupua`a identified were roads/trails, boundary markers, animal pens, petroglyphs, anchialine pools, shrines and agriculture sites. The 1991 data recovery performed (O'Hare and Goodfellow 1992) during the phased investigations included a "detailed recording of (a) 31 sites (224 features) previously recorded in the project area, and (b) seven sites newly recorded during the Phase 11 work" (Ibid.:ii). The report summarizes the settlement pattern with the project area: The data recovery work indicates that permanent habitation sites between Puhili and Wawahiwaa Points are concentrated in the coastal zone, near the shoreline. In the coastal area south of Wawahiwaa Point permanent habitation sites were near the shoreline and further inland. Temporary habitation sites were present in all areas of the coastal zone and in the barren rockland zones. The radiocarbon date ranges indicate that sites in the northern coastal zone may have been inhabited as early as AD 1180. In the barren rockland zones, use of the sites was terminated before the historic period and in the coastal zone most of the sites were not used in the historic period. (Ibid.:ii) A survey of approximately 409 acres in the area between Mamalahoa and Queen Ka`ahumanu Highway within Kaloko and Kohanaiki Ahupua`a (Barrera 1985) recorded 55 sites within Kohanaiki. These sites included mounds, platforms, habitation complexes, walls and terraces. Barrera's study also included Kohanaiki Homesteads of the historic period, a collection of combined agricultural and residential lots that were settled in the late 1800's (Clark and Rechtman 2002). In Kaloko Ahupua`a, four sites were recorded including an enclosure, a lava tube cava a wall and a platform (possible burial). A reconnaissance survey of a narrow corridor at TMK: 7-3-09:15 located mauka of Queen Ka`ahumanu Highway examined seven caves found to be devoid of cultural materials (Kennedy 1991). No sites or features were discovered on the study area. In 1991, Barrera conducted an archaeological inventory survey and data recovery within Kaloko and Kohanaiki Ahupua`a identifying 140 archaeological sites primarily within Kohanaiki Ahupua`a. Sixty of the sites were determined to lie within the boundaries of Kohanaiki Homesteads. The majority of the remaining -sites were recorded_ as components of the Kona Field System and consisted primarily of kuaiwi, cross -walls, terraces, and mounds. Several permanent and temporary habitations were identified, along with a single small heiau or men's house. Barrera (1992:63) suggests that human occupation of the project area began in the last quarter of the fifteenth century and continued into the eighteenth century at which point there is no residential population for nearly 150 years until the settlement of Kohanaiki Homesteads (Clark 2002). An archaeological inventory survey with limited subsurface testing was conducted within a 224.43 acre parcel within Kaloko and Kohanaiki Ahupua`a (Colin, Devereux, Borthwick and Hammatt 1996). Fifty-five sites were identified including ahu, simple agricultural features, recurrent and temporary habitation sites, trails, enclosures, walls and a quarry. An archaeological inventory survey of a 52 acre parcel in Kohanaiki Ahupua`a documented five previously unrecorded sites including an enclosure remnant (Site 23628), two stone terraces (Sites 23629 and 23630), and two sets of historic boundary walls (Sites 23631 and 23632) (Clark 2002). Section 3.4: Settlement Patterns Based upon the information concerning previous land uses and archaeological work conducted in the vicinity, the prehistoric settlement pattern which likely existed in Kohanaiki Ahupua`a can be summarized. The earliest utilization of the area, perhaps as early as the tenth century, likely took the form of temporary coastal sites which provided access to nearby littoral resources. Permanent habitation likely began between AD 900 to 1100. As the population of the island grew, following `Umi's transfer from Waipi`o to Kona in particular, an increased amount of permanently occupied sites were subsequently established and potential agricultural areas inland were exploited. The majority of the permanent habitation was likely located in coastal areas in the vicinity of fishponds and permanent sources of fresh water. With the increase in population, an agricultural field system was established in the interior of the ahupua `a at elevations of over 900ft AMSL. By the late pre -Contact period, this field system is believed to have become quite extensive reaching up to 2300ft AMSL in elevation. Sites in this area consist of formal walled fields with temporary habitation sites scattered amongst the fields. Scattered temporary shelters related to agricultural activities would also be expected to have been present. 10 Between the coastal habitation sites and the inland agricultural fields, sites were widely scattered. Primarily the sites found in this area would have consisted of trails extending between the coast and the uplands associated with markers (cairns and/or mounds) as well as temporary habitation sites often found in lava tubes. Lava tubes also had the advantage of being a potential refuge in times of strife or inclement weather. Section 3.5: Expected Finds From the above review of the historic background of Kohanaiki Ahupua`a and the surrounding area, the expected finds may be ascertained. The current subject property could contain such feature types as terraces, walls, mounds, rock shelters, caves, platforms, enclosures, scatters of midden or lithics, trails, house sites, alignments, remnants of historic ranching/farming activities, burials and religious structures such as heiau and shrines. Subsurface remains could include buried features, midden and artifact scatters. Section 4: Archaeological Methods The current archaeological investigations were conducted intermittently between December 20, 2003 through March 1, 2004. All fieldwork was conducted under the direction of the Principal Investigator, Joseph Kennedy, M.A.. Fieldwork was conducted by Field Archaeologist Timothy Scheffler, M.A. who was assisted by Michael O'Shaughnessy, B.S. and Kalae O'Shaughnessy. Fieldwork methods consisted of a 100% surface survey of the subject property, the recordation of features, and the excavation of three controlled test units and two shovel test units. A pedestrian survey was utilized to systematically investigate the subject property. The purpose of the pedestrian survey was to identify all potentially significant historic properties located on the surface of the subject property. The pedestrian survey was conducted by having the field archaeologists sweep the parcel on foot using transects spaced approximately 10 meters (m) apart. Visibility varied from moderate to poor due to heavily overgrown vegetation. Through the use of this procedure a 100% surface survey of the subject corridor was completed and all potentially significant historic properties were identified. When features believed to be potentially significant historic properties were encountered during the pedestrian survey they were flagged with engineer's flagging tape marked with the date, company name (ACP) and temporary identification numbers using the prefix "TF" to indicate the temporary "feature" designation. Features which, upon completion of all investigations, were determined to be significant historic sites were subsequently assigned the permanent State Site number used in this document. The locations of sites and features across the subject property were collected by using compass and tape measurements and were subsequently plotted onto a base map of the subject property prepared by ACP and presented in this document. 11 Subsurface investigations included three controlled test units and two shovel test pits. The results of these investigations would provide information that would allow for the evaluation of potential sites. The purpose of conducting subsurface excavations was to determine if cultural deposits were present and to examine the stratigraphy. Test units measured lm x lm and were excavated in arbitrary 10cm levels. Shovel test units measured 60cm in diameter and were excavated by natural layers. Each unit was excavated to bedrock, with the exception of TU 1 in which excavation was ceased upon encountering human remains. Soil and stones were sifted through a one-quarter inch mesh screen in order to collect cultural materials. All cultural materials recovered during excavations were collected with the exception of items associated with burials. Soil samples were collected from each stratigraphic layer. All test unit and shovel test unit locations were mapped using a compass and measuring tape and plotted on a map of the property drawn to scale. Photographs were taken of features and excavations. Laboratory analyses included a range of diagnostic endeavors -and -were conducted - according to standard scientific and archaeological methods and recorded on standardized analysis forms. Descriptions were made of soils according to USDA and Munsell(M standards of composition and color. Cultural materials were sorted by type, weighed and presented by provenience by ACP personnel. This report provides complete descriptions of the investigations undertaken including the placement of the features on plans drawn to scale. The methods utilized aided in the production of an accurate and detailed report along with a determination of site significance as well as the impact of future construction endeavors. All materials collected during the current investigations will be placed in labeled and inventoried boxes and curated at ACP facilities located at 59-624 Pupukea Road, Haleiwa, Hawaii. ,') Section 5: Archaeological Findings Site 24133 The current inventory survey investigations identified one site of significance to the interests of historic preservation (Site 50-10-28-24133). This site consists of a complex of walls, terraces, mounds, a historic house -site and an enclosure containing burials. The -features -are described below, summarized in Table 2 and depicted in Figure 4. Two features are located immediately outside the limits of the subject property (Features 24133:16 and 17), but have been included with the findings at the request of DLNR-SHPD. Walls/Large Walled Enclosures, Features 24133:1, 9, 107 18, 19, 20, 21, 22, 23 The majority of features on the subject property consisted of walls, most of which formed enclosures. The walls were generally bifaced core filled, though some areas were deteriorated to the point were the original morphology could not be determined. Wall heights varied between 50 and 175cm AGL. These features were likely constructed during the post -Contact period, and functioned to form boundaries related to habitation, agriculture, and/or to contain or exclude animals. Table 2: Summary of Features at Site 24133 13 Table 2: Summary of Features at Site 24133, continued Feature - Subfea[ure. TF* -Structure Function . Di .mensions. - :Description .. heigM1t above .- - -mound surface •�' - meters . 24133:12 12 paved Agriculture 2 x 2 x 0.5 mound faced on the lower side, paved on the surface with mound small cobbles, flush with the ground surface on the east end; coffee plants growing on and around this feature 24133:13 13 watertank Habitation 2.5 x 2.5 x circular platform, with paved surface and deterioration 0.80 the northern facing side; the platform is surrounded by ribiscus plants 24133.14 14 walled burial dplatform 5 x 4.5 x 1.0 walled enclosure with a small low platform ( 2 x 1.5 x enclosure/ 0.3m) abutting the south wall; platform neatly faced in tplatform courses, with a step on the northend; enclosure wall is bifaced-core filled 21433:14a burial within small platform ofFeatrue 24133:14,crema human remains in cylindrical copper canister 24133:14b metal handle and folded tin roofing likely associated with human remains within platform of Feature 24133:14 24133'.15 15 walled Agriculture 5 x 3 x 1 L-shaped wall extending off south wall of large enclosure enclosure (Feature 24133:23) 24133:16 16 well 2 x 2 x 1 open concrete and basalt well located just outside property boundary 24133:17 17 walled Agriculture 4 x 5 x 0.75 small enclosure located just outside property boundary, enclosure abutting Feature 24133:1 24133', 18 walled Agriculture/ 30 x 30 x large walled enclosure (bifaced core filled) containing 3 enclosure Boundary 1.75 stone mounds (Features 24133:6, 11 and 12) 24133:19 walled Agriculture/ 63 x 25 x 1.1 large irregular shaped walled enclosure (bifaced core filled) enclosure Boundary containing 2 stone mounds (Features 24133:7and 8) and a wall section (Feature 24133:9) 2413320 walled Agriculture/ 72 x 13 x 1.5 large partial walled enclosure, bifaced core filled enclosure Boundary 2413321 walled Agriculture/ 25 x 19 x walled enclosure abutting eastern property boundary wall enclosure Boundary 1.75 (Feature 24133:1), bifaced core filled 24133 22 walled Agriculture/ 80 x 55 x 1.5 large irregularly shaped walled enclosure (bifaced core enclosure Boundary filled) containing house, burial enclosure, driveway, 2 terraces and water tank platform (Features 24133:2, 3, 4, 5, 13, 14) 2413323 walled Agriculture/ 191 x 53 x large irregularly shaped walled enclosure (bifaced core enclosure Boundary 1.5 filled) containing one small walled enclosure (Feature 24133:15) *TF: Temporary field number designation. Historic House, Features 24133:2, 3 and 13 Collapsed House, Feature 24133:3 The collapsed remains of a historic house (Feature 24133:3) was identified in the mauka portion of the subject property. The surface is heavily overgrown with vegetation though large amounts of iron roofing remain visible. The area is littered with historic debris including numerous sake bottles, cans, enamel -ware pots and a wash -tub. Two shovel test units (STU 1 and STU 2) were placed next to the structure (see Figure 4; refer to Tables 3 and 4). Aside from a very small amount of charcoal flecking in STU 1, no cultural materials were recovered during these excavations. The structure was used for habitation and likely dates from the early to mid - 1900's. 14 4: Plan Map of Site 24133 Showing Feature Locations wall 41331 �KgMango r Mang 24133:15 24133:23 (Enclosure) IZAI 24133:20 Od� Mango (Enclosure g' 1 p50]' 24133:1 KohanaikiTTvIK: (3) 7-3-19:25 24133:21 0151 24133 241 STU i� 24133:4 24133:22 (Enclosure) STU1 ���111) 24133:5 "Ppt ip Tr0] [17TU 2 24133:14 hs]'3:18 TUI_.A closure) •e 24133:17 psl 241 15 24,,1xa3,,3:7 4*� 01 24133:19 (Enclosure) \4133:10 o] 301 24133:8 [5010 1124133:9 24133:2 33:1 24133:1 N 0 5 lOm KEY.._ o basalt stone lomtnue 24133:n feature number CIt GL Archaeological Consultants of the Pacific, Inc. 2004 Table 3: Summary of Site 24133 Test Units and Shovel Test Units Unit 'Size '-Feature- Layer,, Soil Description, .Level. 'Depth, ,; Findings`. Surface Collection 24133:3 N/A N/A brown glass sake bottle 635.0 modem machine made bottle with metal screw cap; "SAKE GEKKEIKAN-- GEKKEIKAN SAKE COMPANY, LTD." KOH 001 TU I lm x lm 24133:14 I very dark brown 1 40-50 stone fill matrix with soil and detritus; a cylindrical copper green glass sake bottle 453.6 modem machine made bottle with metal KOH -002 (I OYR 2/2) silty canister in east face containing cremated human remains; loam crew cap indeterminate rusted metal fragments mixed in with soil TU 1 34133:14 Vl 40-50 indeterminate metal 2 50-60 stone fill and soil continue; folded tin roofing and a metal U2 50-60 indeterminate metal 8.8 several rusted fragments of thin metal handle presumed to be associated with human remains sheeting identified in northeast comer of unit; small amount of indeterminate metal 5.9 rusted metal ring charcoal in situ at SSembd; indeterminate rusted metal kukui 0.8 nut fragments fra nents and kukui mixed in with soil TU 2 1 m x 1 m 24133:12 I very dark brown 1 19-29 matrix ofbasalt pebbles with small amount of soil and a (1 OYR 2/2) silty few larger stones; rusted metal washtub handle at 22cmbd f/3 39-49 indeterminate metal L9 loam 2 29-39 matrix of soil and scattered basalt stones; one rusted fragment of thin metal sheeting 3 39-49 matrix of soil and scattered basalt stones 4 49-59 matrix of soil and scattered basalt stones; bedrock in portion of unit 5 59-69 matrix of soil and scattered basalt stones; bedrock in portion of unit 6 69-77 bedrock extending across base of unit TU 3 lm x lm 24133:5 I very dark brown 1 51-61 soil with small amount ofbasalt stones (IOYR 2/2) silty loam 2 61-71 soil with small amount ofbasalt stones 3 71-81 soil with small amount ofbasalt stones 4 81-91 soil with small amount ofbasalt stones 5 91-97 bedrock extending across base of unit SPU 60cm x 60cm 24133:3 I very dark brown (I OYR 2/2) silty 1 0-53 sail with small amount of basalt stones aAcharcoal1 flecking; bedrock encountered at 53cmb loam SN 2 60em x 60cm 24133:3 I very dark brown (I OYR 2/2) silty 1 0-58 1 soil with small amount ofbasalt stones; bedrock encountered at 58cmbd loam Table 4: Artifact Analysis, Site 24133 Prove4renee{ ..... FeatLre. .; ,<{ . ,. La'ygtl/ e�ela" rD"WA d i�4 �d73 ^� r H �c'C f vs' f „'+.r i gf f r? G + ! }A e° * Dea'errptr44 4 .k, "TV Ip € ° �� r, a� y Arh0 u- 06` Surface Collection 24133:3 N/A N/A brown glass sake bottle 635.0 modem machine made bottle with metal screw cap; "SAKE GEKKEIKAN-- GEKKEIKAN SAKE COMPANY, LTD." KOH 001 printed on ca green glass sake bottle 453.6 modem machine made bottle with metal KOH -002 crew cap TU 1 34133:14 Vl 40-50 indeterminate metal 177 several rusted fragmeo[s of thin metal sheeting KOH -003 U2 50-60 indeterminate metal 8.8 several rusted fragments of thin metal KOH004 sheeting indeterminate metal 5.9 rusted metal ring KOH -005 kukui 0.8 nut fragments KOII-006 TU 2 24133:12 U1 19-29 metal handle 304.7 rusted metal handle, possibly to a wash wh; in situ at22cmbd KOH -007 f/3 39-49 indeterminate metal L9 rusted fragrnent of thin metal sheeting KOH -008 16 Aucilliary Struetures, Features 24133:2 and 13 Two single course alignments of stone form a driveway (Feature 24133:2) leading to the house from the southern property boundary. A circular platform (Feature 24133:13) was identified near the collapsed house, Feature 24133:3. The surface of the structure is comprised of level stone paving. Red hibiscus plants are growing around the edges of the feature. Due to its proximity to the house as well as its circular shape (a morphology atypical of pre -contact platform structures), this feature likely functioned as a support for a water tank and is associated with the house structure. Terraces, Features 24133:4 and 5 Two terraces were located on the mauka portion of the property, Features 24133: 4 and 5. The features were -roughly pavedwith- basalt stones and faced on the downslapeside: -The — - ten -aces likely had an agricultural function, and may be remnants of a pre -Contact agricultural site in association with the mounds (described below), and/or historic agricultural features associated with the house structure. The presence of coffee plants growing on the surface of Feature 24133:5 as well as the proximity to the house site may indicate that the structures are post -Contact. A lm x lm test unit (TU 3) was excavated immediately below the larger of the two terraces, Feature 24133:5 (see Figures 4, 5 and 6; refer to Table 3). No cultural materials were present in the unit. Mounds, Features 24133:6, 7, 8, 11 and 12 Five mounds were identified on the current subject property. The mounds were all low and small in diameter. These mounds likely were used in association with agriculture. One mound was unique in its morphology, Feature 24133:12, having a surface of small cobble paving (described below). These features may be remnants of a pre -Contact agricultural site, and/or historic agricultural features associated with the house structure. Paved Mound, Feature 24133:12 Feature 24133:12 consists of a low mound with small cobble paving on the surface. Coffee plants were found growing on and around this feature. A 1 x lm test unit (TU 2) was excavated into the mound (see Figures 4, 7 and 8; refer to Tables 3 and 4). A few historic artifacts were recovered, including a rusted metal washtub handle and indeterminate metal. Small Walled Enclosures, Features 24133:14, 15 and 17 Site 24133 contains three small walled enclosures, Features 24133:14, 15 and 17. Feature 24133:14 was found to contain burials (described below), while Features 24133:15 and * rtiR (A •_ S ^�, Y.b its ��••t� `„ti. . i � � TK� qA`�}[ ,i,S f vF 4 Y� arc 'd : y w.9. v}. �. n �h '1 it'✓ 41p S ��k'x'f'xy � � a r West Profile 0 10 20 30 40 50 60 70 80 90 Inoom 0 0 10 10 20 - 20 30 it 30 40 40 O 50- p o O 50 60 � O ^ 60 070 ° � Layer I 70 a0 o oo oaso 90Be rock0 100cm OOcm Layer I: Very dark brown (IOYR 2/2) silty loam figure 7: Feature 24133:12, TU 2 Profile West Profile 0 10 20 30 40 50 60 70 80 90 100cm I I I I I I l I I I I I I I I I 10 10 20 20 30 30 40 40 50 O 00 o O a O 50 o a a o 60 _o 60 Layer I o 70 O a c 70 0 0 80-p O D a �� O a RO O 90 90 J_ J- e rock — f00cm 100cm Layer I: Very dark brown (10YR 2/2) silty loam Kohanaiki TMK: (3) 7-3-19:28 Archaeological Consultants of the Pacific, Inc. 2004 19 Plan View of Feature 24133:1 WN 0 100cm Kchanaiki TMK: (3) 7-3-19:28 Archaeological Consultants of the Pacific, Inc. 2004 )0 17 likely had agricultural functions. Feature 21433:17 is located just outside the makai limits of the current subject property. Small Enclosure/Burial Platform, Feature 24133:14 This feature consists of small walled enclosure with a neatly faced platform extending from the south wall (see Figures 4, 5 and 9). A 1 x lm test unit (TU 1) was excavated within the center of the platform. Just below the surface paving of stones, a cylindrical copper canister containing cremated human remains was encountered in the east face of the unit. Irmnediately below the canister was folded tin roofing and an adjacent metal handle (see Figures 10 and 11). The tin roofing and handle were presumed to be associated with human remains of a second individual, and excavation was ceased. This feature is likely associated with the house, Feature 24133:3. Well, Feature 24133:16 An open concrete and basalt well was identifiedjust outside the makai boundary of the current subject property. Its association with the house structure at the mauka end of Parcel 28 could not be determined. Section 6: Discussion The features comprising Site 24133 largely reflect historic habitation and agriculture. The collapsed remains of a house with ancillary structures, features with volunteer coffee plants and a network of bifaced core filled walls attest to a post -Contact component. However, some of the features, such as the stone mounds, may be vestiges of a pre -Contact Kona Field System site. However these vestiges have been dramatically altered by historic "rock borrowing" activities and for all practical purposes have lost their integrity as pre -Contact agricultural sites (as discussed in telephone conversations with Dr. McCoy on March 4, 2004). On the basis of discussions with Dr. McCoy it was decided to assign a single site number to the complex. Enclosure Wal]-- KEY Stones Stone Facing Archaeological Consultants of the Pacific, Inc. 2C Figuue 10: Feature 24133:14, Profile of TU 1 East Wall 0 10 20 30 40 50 60 70 80 90 100,m ILO_ I .—I I I --I I I A- f -A IL j 0 10Subfeature 24133:14bSubfe10 ature 24133:14a 20 Folded Copper C nister 20 Tin Roofing 30 30 40 — 40 50 La er I 50 Open Area 60 60 70 70 exca ated so so 90 90 100cm .— 100om Layer I: Very dark brown (lOYR 2/2) silty loam Archaeological Consultants of the Pacific, Inc. 2004 11: Plan View of Subfeatures 24133:14a and b, TU 1 Subfeature 24133:14a Copper Canister Base of Level 1 of TU 1. 50cmbd Kohanaiki TMK: (3) 7-3-19:28 23 Section 7: Evaluation of Site Significance Significance Evaluations One site of significance to the interests of historic preservation was identified during the current investigations. Site 24133 consists of a historic habitation site with agriculture features _possibly dating as early as the pre-Contact,era, though used during historic times.One burial _ feature is present likely containing the remains of two or more individuals. This site qualifies to be considered significant under Criterion D (site has yielded, or is likely to yield, information important in prehistory or history) and E (site has cultural significance) of the National Register of Historic Places (NRHP) and Hawaii Register of Historic Places criterion (refer to Table 5). Table 5: Summary of Site Sianificance Evaluations 24133I Historic habitation site with agricultural features I Ag H and B I D and E and one burial feature Ag: Agricultur B: Burial H: Habitation Code For Significance Evaluation Criteria A: Site is associated with events that have made a significant contribution to the broad patterns of history. B: Site is associated with the lives of persons significant in the past. C Site embodies the distinctive characteristics of a type, period, or method of construction; or is the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity. D: Site has yielded or is likely to yield information important in prehistory or history E: Site has Cultural Significance (heiau, shrine, burial, etc.). NS: Not Significant. NLS: No Longer Significant. Criteria A -D represent National Register of Historic Places criteria. Criterion E represents Hawaii Register of Historic Places criterion. NS and NLS represent designations acceptable to the DLNR-SHPD Recommendations Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would an "effect" on significant historic properties at Site 24133. However, sufficient information has been recovered during the current investigations such that no further archaeological investigations are necessary. While no further archaeological work is recommended, further mitigation in the form of a Burial Treatment Plan is recommended for the two burials contained within Feature 24133:14. 24 Conclusion An Archaeological Inventory Survey has been completed on property located in Kohanaiki Ahupua`a, North Kona District on the Island of Hawaii. The purpose of the current investigations was to determine if significant historic properties exist within the project limits and, if present, properly document and evaluate those sites. One site of significance to the interests of historic preservation (Site 50-10-28-24133) was identified during the surface survey. Based upon the results of the current investigations, Archaeological Consultants of the Pacific, Inc. recommends that a determination be made that future construction activities would an "effect' on significant historic properties at Site 24133. However, sufficient information has been recovered during the current investigations such that no further archaeological investigations are necessary. While no further archaeological work is recommended, further mitigation in the form of a Burial Treatment Plan is recommended for the two burials contained within Feature 24133:14. 2� References Cited Armstrong, R.W. 1973 Atlas of Hawaii. Department of Geography, University of Hawaii. The University Press of Hawaii, Honolulu. Barrera, William Jr. 1985 "Kaloko-and Kohanaiki North Kona, Hawaii: Archaelogical Survey (TMK: 7-3- 09:19)." Chiniago Inc., Honolulu, HI. 1991 "Kohaniki, North Kona, Hawaii Island: Inventory Survey and Data Recovery." Chiniago Inc., Honolulu, HI. Bowser, G. 1880 The Hawaiian Kingdom Statistical and Commercial -Directory. Honolulu and San Francisco: George Bowser and Co. Clark, M, and Rechtman, R. 2002 Archaeological Inventory Survey of TMK: 3-7-3-7: 27 and 50. Rechtman Consulting, Kea`au, Hawaii. Cordy, Ross 1981 "A Study of Prehistoric Change: The Development of Complex Societies in the Hawaiian Islands." Academic Press: New York. Cordy, R., J. Tainter, R. Renger and R. Hitchcock 1991 "An Ahupua`a Study: The 1971 Archaeological Work at Kaloko Ahupua`a, North Kona, Hawai`i." National Park Service, U.S. Department of the Interior. Donham, Theresa K. 1986 "Full Archaeological Reconnaissance Survey, Kohana-lki Development Project Area, Land ofKohana-Iki, North Kona, Island of Hawaii (TMK:3-7-09:3,14)." PHRI, Hilo. Jensen, P. and P. Rosendahl 1988 "Mitigation Plan for Site preservation and Data Recovery Excavations, Kohana- Iki Resort, Land ofKohana-lki, North Kona, Island ofHawai`i." PHRI, Hilo. Kamakau, Samuel L. 1961 Riding Chiefs ofHawaii. Kamehameha Schools Press. Honolulu. Kelly, Marion 1983 no mala o kona: Gardens ofKona: A History ofLand Use -In Kona, Hawaii. Department of Anthropology, B.P. Bishop Museum. Honolulu. 26 Kennedy, Joseph 1991 "Surface Reconnaissance of the Proposed Industrial Development at Kohanaiki, North Kona, Hawaii, TMK: 7-3-09:15 (Revised 8-12-91)." Archaeological Consultants of Hawaii, Haleiwa. O'Hare, C. and S. Goodfellow 1992 "Kohana-lki Resort, Phased Archaeological Mitigation Program, Phase fl —Data Recovery, Land of Kohana-lki, North -Kona District, Island of Hawaii (TMK: 3-7- 3-09:3). PHRI, Hilo. Reinecke, John E. 1930 "Survey of Hawaiian Sites from Kailua, Kona to Kalahuipua`a,Kohala." Bishop Museum Manuscript, Honolulu. Rosendahl, P. 1985 "Preliminary Archaeological Reconnaissance Survey, Kohana-Iki Development Project Area, Land of Kohana-lki North Kona, Island of Hawaii (TMK: 3-7-3- 09:3, 14)." PHRI, Hilo. Sato, H.H., W. Ikeda, R. Paeth, R. Smythe and M. Takehiro, Jr. 1973 Soil Survey of the Island of Hawaii, State of Hawaii. U.S. Department of Agriculture, Soil Conservation Service, In Cooperation with the University of Hawaii Agricultural Experiment Station. Government Printing Office, Washington D.C.. Schilt, R. 1984 `Subsistence and Conflict in Kona, Hawaii: An Archaeological Study of the Kuakini Highway Realignment Corridor." Department of Anthropology, B. P. Bishop Museum. Honolulu. Waihona `Rina Corporation 2000 Mahele Database located on the internet listing Land Commission Award information. Wilkes, C. 1845 Narrative of the United States Exploring Expedition During the Years 1838-1842. Under the Command of C. Wilkes, USN Volume 4. Loa and Blanchard, Philadelphia. M Sen'i by: 214X559 3124 214 559 G124; 01/05/14 5:35PM;jerraX, p753;Page 4/2 COUNTY OF HA`VAI`I STATE OF FIAWAPI BILL NO. 1 n7 (Draft 2) ®RD,'l'NANCE N0. ®, --JA4 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI'I COUNTY CODE, BY CHANGING THE DISTRICT CLAJSIFICATION FROM AGRICULTURAL (A -3a) TO FAMILY AGRICULTURAL (FA -la) AT KOHANAIKI, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3.7:27 & 50. 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 Hawai' i County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the *following area situated at Kohanaiki, North Kona, Hawai'i shall be Family Agri-i:ultural (FA -1a): Beginning at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of a porl ion of Grant 2030 to Kaiakoili and being a point on the Westerly side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 11,786.73 feet South and 8,041.74 feet West and running by azimuths measured clockwise from True South: 1. 2 3. 4. Thence, for the next n Sneteen (19) courses, following along middle of stonewall and along the remainder of Grant 2030 to Kaiakoili the direct azimuths and distances being: 82' 55' 15" 273.09 feet to a pipe; 230 39' 5.01 feet to a pipe; 880 15' 209.06 feet to a pipe; 1640 57' 12.67 feet to a pipe; -t- sp.nt fly: 214'505 3124 '214 559 3124; 01/05/04 :,:35P ;./U #763;Page 5/21 5. 80° 30' 30" 122.04 feet to a pipe; 6. 114° 58' 12.88 feet to a pipe; 7. 820 51' 30" 262.48 feet to a pipe; 8. 890 22' 64:88 feet to a -pipe; 9. 63' 42' 49.96 feet to a pipe; 10. 81' 19' 30" 106.16 feet to a "+" on rock; IL . 1630 50' 30" 98.72 feet to a pipe; 12. 720 56' 360.43 feet to a "+" on rock; 13. S1° 23' 30" 89,99 feet to a pipe; 14. 650 27' 104.23 feet to a "+" on rock; 15. 720 17' 30" 74.17 feet to a pipe; Thence, for the next four (4) courses following along stonewall and along the remainder of Grant 'W30 Kaiakoili the direct azimuths and distance being: 16. 3380 04' 138.97 feet to a pipe; 17- 3430 39' 69.43 feet to a spike; 18. 335° 31' 74.21 feet to a pipe; 19. 340° 01' 97.84 feet to a Y' on rock; Thence, for the next three (3) courses following along the Northerly side of Homestead Road: 20. 80° 17' 30" 96.98 feet to a "+" on rock; 21. 760 1 1' 61.55 feet to a spike in concrete; 22. 700 32' 348.78 feet to a pipe; Thence, for the next three (3) courses following along the )easterly side of Sent 6y: 214'5''iO ;?124 214 569 3124; 01 /05/^ti G:36PM;,j jt #793;Paye 6/27 +3- Homestead Road: 23, 1503 00' 36.02 feet to a "+" on rock; 24. 1570 41' 93.00 feet to a spike in concrete; 25. -1540 -35'-- - 88.61- - _feet to a spike -in concrete; 26. 1560 49' 30" 246,15 feet along the Easterly side of Homestead Road and along the remainder of Grant 2030 to Kaiakoili to a "+" on rock; 27. 1430 36' 30" 78.70 feet along the remainder of Grant 2030 to Kaiakoili to a pipe; 29. 790 33' 30" 248.87 feet along the remainder of Grant 2030 to Kaiakoili to a pipe; Thence, for the next iiix (6) courses following along the Easterly side of stonewall and along the Easterly side of Kohanaiki Road: 29. 1530 57' 340.42 feet to a pipe; 30. 160° 32' 30" 223.40 feet to a "+" on rock; 31. 1570 03' 87.93 feet to a pipe; 32, 171° 17' 43.21 feet to a pipe; 33. 1600 33' 87.16 feet to a pipe; 34. 1390 32' 54.10 feet to a "+" on rock; Thence, for the next nineteen (19) courses following along middle of stonewall and along Grant 202i to Kameheu: Thence, for the next live (5) courses following along Lot 37 of Kona Hills Estates Subdivision, Unit I (Bile Plan 1695): 35. 2670 54' 30" 147,33 feet to a pipe; 36. 263' 51' 234.20 feet to a pipe; +3- 37. 252" 32' 336.32 feet to a pipe; 38. 2600 13' 30" 141.64 feet to a l; ipe; 39. 2570 37' 241.10 feet to a gape; 40. 257° 02' 30" 330.45 feet alons; Lots 37 and 15 of Kona Hills Estates Sixbdivision Unit I (File Plan 1695) to a pipe: 41. 2780 56' 242.49, feet along; Lot 15 and the Southerly end of Roadway Lot A of Kona Bills Estates Subdivislo.n, Unit I (File Plan 1695) to a pipe; 42. 2760 02' 30" 82.66 feet along the Southerly end of Roadway .Lot A and Li: t 14 of Kona I-lilts Estates Subdivision, Unit I (File Plan 1695) to a " r" an rock; Thence, for the next four (4) courses followin(1 along Lot 14 of Kona Hills Estates Subdivision, Unit I (File Plan 1695): 43, 264° 30' 47.27 feet to a pipe; 44. 2850 22' 71.20 feet to a pipe; 45. 2650 09' 68.76 feet to a ,pipe; 46. 2550 35' 46,11 feet to a pipe; 47. 277 1 ° 56' 30" 136.68 feet along Lots 14 and 5 of Kona Hills Estates Subdivision, Unit 1 (File Plan 1695) to a pipl:; Thence, for the next six (6) courses following; along Lot .5 of Kona Hills Estates Subdivision, Unit I (File Plan 1695); 48. 2830 17' 59.43 feet to a pipe; 49. 2740 44' 36.39 feet to .r pipe; 50. 272° 50' 30" 123.27 feet to :i pipe, �4 Sent try: 214 559 31224 214 559 3124; 01/05/04 8:37PV;,Jetffiy y763;Page a121 51. 2810 19' 72.47 feet to a pipe; 52. 2730 25' 66.67 feet to a pipe; 53. 2660 37' 89.36 feet to a "+" on rock; 54. 3480 36' 30" 462.07 feet along Lots 4, 3, 2 and I and along the remainder of Grant 2030 to Kaiakoili to a pipe; 55. 2710 20' 211.20 feet along Lot 1 and along the remainder of Grant 2030 to Kaiakoili to a point; Thence, for the next three (3) courses following along the Westerly side of Hawaii Belt Road (FAY, No. F10 (5)): 56. 3570 59' 34" 107.01 feet to a point; 57. 880 48' 14" 10.00 feet to a point; Thence, following on a curve to the right with a radius of 3,769.72 feet, the chord azimuth and distance being: 58. 359° 43' 03" 120.22 feet to the point of beginning and containing an area of 53.163 Acres. 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 _5� Sent Ly: >14 3724 214 552 at24; 01 /05!04 6:27P IV;Je. #765;Pnge 0/21 A. C. 0 E. propo,;ed use. The applicant(s), its successors or assigns shall be responsible for complying with all of the stated conductions of approval. The applicant(s), its ,successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State: Land Use Agricultural District. Final Subdivision Approval of the subject property shall be secured within five (5) years from The effectrive date of this ordinance. Gots within the proposed subdivision shall not exceed the number of units of water which are available.and have been committed to the subject property by the Department of Water Supply. Any further development shall occur only when sufficient County water becomes available by construction of on- and off-site water system impro cements, All water system improvements shall meet with the requirements of the ;department of Water Supply prior to the issuance of Final Subdivision Approval. Restrictive covenatirs in the deeds of all the proposed lots within the subject property shall give rnotice that the terms of the zoning ordinance prohibit the constriction 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 nurolHcr of dwellings. A copy of the proposed covenant(s) to be recorded with the Slate of Hawaii Bureau of Conveyances shall be submitted to the Planning Direc'tt>r for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be Filed with the IM Sent by: 214 '55:J 01e4 214 650 3124; 01/05/94 B:08PM;JetFag (/793;Page 10/21 Planning, Department upon its receipt from the Bureau of Conveyances. The applicant(s), its su xessors or assigns shall improve the intersection at the State Highway 190 (Mamalahoa Highway) and the proposed subdivision road in accordance with the re,i,uirements of the -Department of Public Works and the State Department of Tlansportationprior to receipt of Final Subdivision Approval. This may include, but not be limited to, a left-hand turn lane, a dedicated right turn lane from the subdivision road to southbound Mamalahoa Highway and a refuge lane with an additional 10 -foot future road widening setback along the leng^.'"h ofMamalahoa Highway. Applicant shall prepare a Traffic Impact Analysis Report (TIAR). G. All connector roadways within the proposed subdivision shall be constructed to County dedicable standards and dedicated to the County at no cost to the County. The subdivision roads shall have at least one connection to the north to the adjoining properties rind at least one connection to the south that will connect to the Old Homestead Road. The east -west (mauka-makai) road within the subdivision shall connect to Kohanaiki homestead Road and to Mamalaohoa HighNvay. The roadway connection to Kohanaiki Homestead Road shall be gated and locked and used only in times of emergency and for evacuation purposes. H. A water line shall be :.onstructed from the subject property to Kobanaiki Homestead Road and a fire hydrant installed within the County owned Kohanaiki Homestead Road rigkrt-of-way to provide fire protection in this area. The applicant shall peovide a 20 -foot wide future road widening setback easement along the length of the property fronting Kohanaiki Homestead Road. Install streetlights, sij;ns, and markings meeting with the approval ofthe sent Uy: 214 559 3124 K. L. M. 214 559 3124, 01/05/04 5: 39PM;,Jet i17B3;Flag e 11;21 Department of Pubic Works, Traffic Division. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell conceua.rations 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 s1 all proceed upon an archaeological clearance from the DLNR-APA when it finds that sufficient mitigative measures have been taken. A drainage study of the subject property, if required, shall be prepared by the applicant and submitted to the Department of Public Works for review and approval, prior to tkn: submittal of plans for Plan Approval review, Drainage improvements, if rrquired, shall be constructed meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy. The applicant shall make its fair share contribution to mitigate potential regional impacts of the subiact project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the tair share contribution shall tie the sum which is the product of multiplying the number of residential units/lois proposed to be subdivided by the amounts allocated hereinbelow for ea:h such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments, ff the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment sh.,ll be a sum calculated in the same maturer according to the number of proposed residential lots in each such increment. The fair share contribution, in a Ibim of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall be determined by the i-'ounty Council. The fair share contribution shall have a -3- Sen' bj: 21e 559 312 214 559 3124; 01/05!04 6:39PM;JP_tfe1x y733;Page 12/21 maximum combined '� alue of $9,472.11 per single-family residential unit/lot. Based upon the applicant's representation of intent to develop up to thirty (30) additional residential .wits/lots over the present zoning, the indicated total of fair share contribution is $294,163.30 for single-family residential units. However, -the -total amount shall be increased or reduced in proportion with the - actual number of unit> according to the calculation and payment provisions set forth in this Condition. M. The fair share contribution shall be allocated as follows: 1. $4,567.62 pet single-family residential unit for an indicated total of $137,028.60 to the County to support park and recreational improvements and facilities; 2. $220.34 per single-family residential unit for an indicated total of $6,610.20 to he County to support police facilities; 3. $435.20 per single-family residential unit for an indicated total of $13,056.110 u:, the County to support fire facilities; 4. $190.54 per single-family residential unit for an indicated total of $5716.20 to tie County to support solid waste facilities; and 5. $4058.41 per single-family residential unit for an indicated total of $121,752.30 :o the State or County to support road and traffic improvements. The fair share cor&iilyutions described above shall be adjusted annually beginning three year; after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share; contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, argil roads within the region impacted by the proposed development, subject to the approval of the director. The cost of providing and constructing the improvements required in Conditions F and H shall be credited -9- Sent by: 214 55J 3124 N. a P 214 55y 3124; O1/02/Od 4OP1,,I ;J ,�7,3;Page 19/21 against the sum spocifiied in Condition M (5) for road and traffic improvements. For purposes of administering Condition M, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution ;hall be subject to review and approval of the director, upon consultation with the appropriate agencies. Upon approval of fhe fair share contributions or in lieu contributions by the director, the directc r.- shall submit a final report to the Council for its information that identifies the specific approved fair share and'or in lieu contributions, as allocated, and further implementation requirements. The applicants) sh a.11 comply with all applicable laws, rules, regulations and requirements of aff,:eted agencies. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being complied, This condition shall remain in effect until all of the conditions of approval have been satisfied acid the Planning Director acknowledges that farther reports are not required. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of enaction or the assessment of impact fees, conditions included herein shall he cre4JIted towards the requirements of the Unified Impact Fees Ordinance. An initial extension of time for the performance of conditions within the ordinance may be;chanted by the Planning Director upon the following cncurmtanee& M SPti ' by: 214 559 3124 314 559 3124) 01/05/04 6:41PM' ,1�i�Jf N7©3; Page 14/21 1. 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. 1 Granting of the! Mime extension would not be contrary to the General Plan or Zoning code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally grani.ed for performance (i.e., a condition to be performed within one year may l: a extended for up to one additional year). 5. If the applicane(s) should require an additional extension of time, the Planning Director shall submit the applicant(s)' request to the County Council for appropriate action. K. 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 original or more appropriate designation. Sent b©; 214 559 3'124 214 559 3124; O1/05iO4 ,; 41 P(11;jeyfM #753;Paye 15/21 SECTION 3. In the went that any portion of this ordinance is declared invalid, such invalidity shall not affect the other,aarts of this ordinance, SECTION 4. This ordinan,te shall take effect upon its approval, INTROE7,(� til 7 n Hawaii Date of Introduction: October 3, 2003 Date of 1st Reading: October 13, 2003 Date of2nd Reading: October :22, 2003 Effective Date: October 29, 2003 Wm5NM Comm:342. .._ 12- UNTY OF HAWAII Sent hy: [14"E5J 3124 2f4559 8124; 5'/05/04 6:42PIv;•jefl9X g76j;p�,cle 16!21 ISW 575 0 i2 IR56 2563 3 r5 •• fNl AMENDMEN'T TO THE ZONING CODE� AMENDING SECTEDN 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 -3a) TO FAMILY AGRICULTURAL (FA -1a) AT KOHANAIKI, NORTH KONA, HAWAII PREPARE::) BY! PLANNING DEPARTMENT COUNTY OF HAWAII 'rm K: 7-3-007:027 8 050 A Data: June 16„ 2003 (Hualalai Vistas, LLC:1102) OFF[CE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii Introduced BY: J. Curtis Tyrer, III Date Introduced: October 8, 2003 _ First Reading: October 8, 2003 Published: October 19,_2003 REMARJCS: (Hy request) Second Reading: October 22, 2003 To Mayor! October 27, 2003 Rentmed: n.-f.,r,cr �n • ?003 Effective: October 29, 2003 Published: November 9, 2003 Elarionol X REC!: ROLL, CALL, VOTE AYES NOES ABS EX Arakaki y Chung X Elarionol X Holschuh X Jaoobsor----- --------X----- --- -- Reynold; X — rTEulang X X Tyler X 7 1 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by Me County Council p indicated above. APPROVED AS TO FORM AND LEG ITY: fL CHAlkM11AN D TY C RPORATION COUNSEL J COUNTY OF HAWAII �- COUN77 CLERK Date, 0�. 2 � 20113 _ {�pr?�%Di.rnpproved deft � _ •Rrlai ,If4YOR. C@J h 7'Y'Oh t;9li lr as Bill No: 147 (Draft 2) Reference: C-342,3(PC-5: Ord No.'. 03 1.44 Sent by: 21a 5119 3124 March 8ei, 2004 Planning Deparhnent County of Hawaii Attention: Chris Yuen Via Fax; 961-8742 Ph# 96I-8288 214 559 3124; 93/08/04 2:04P1:9„jg;f�v p25; Page 13t3 Attention: Bennett Mark Via Fax; 327.3563 FH# 327-3510 RE: A connector road across TmK# 3/7-3.19-28 to proposed Huaialai Vistas Subdivision and out to Mnmalahoa Hig alb ,A, 9Q-” This is to verify that we area residu r of the surrounding area and that we support a connector road from the existing entor Homesteads area across the Church of God Old Government Road through ,parcel # 3/7-3-19.28. We want this road to connect to the Hualalai Vistas Subdivision so we can safely access Mamalaboa Highway. Thank you for your support. Sincerely, Name. Address:4-4c L} Sent by: 214 559 3'24 March 8°i, 2004 Planning Mparunent County of Hawaii Attention: Chris Yuen Via Fax. 961-8742 Ph# 961-8288 e14 SE° 3124; 03/08/04 2:04PM;,J&fFdX $25; Paye 14/12 Attention: Bennett Mark Via Fax: 327-3563 PH# 327 -3510 - RE: A connector road across TNJK# 3/7-3-19-28 to proposed HualaW Vi5wa Subdivision and out to Manalahoa Highway i u - / This is to verify that we are a rt!t;Ident or user the surrounding ea that we support a connector road from the existing a Homesteads area across the Church of God Old Government Road through parcel # 3/7-3-19-28. We want this road to connect to the Hualalai Vistas Subdivision so ,+tie can safely access Mamalahoa Highway. Thank you for your support. Sincerely, I Name's/7EL?�v;,� f Addr/es s: Phone#: Sent by: 214 555 3!24 March 8n', 2004 Planning Department County of Hawaii Attention: Chris Yuen Via Fax: 961-8742 Ph4_961-8288 '<'14559 3124; 03/08/04 2: 05P[I;;JetFdx a25; Faye 15/�0 Attention: Bennett Mark Via Fax: 327-3563 PFI# 327-3510 RL: A connector road across TI4 M# 3r/-3-19-28 to proposed HuaWai Visas Subdivision and out to Mau:natatwa Highway �) � � W This is to verify that we are a resident or user the surrounding area and that we support a connector road from the existing Homesteads area across the Church of God Old doverntment Road through parcel # 3/7-3-19-28, We want this road to connect to the Hualalai Vistas Subdivision so 1smo can safely access Mamalahoa Highway. Thank you for your support. Sincerely, Ad e s: PhonLkc-,( 1 , S ;gip I Sent by: 214 559 3724 214 555 3124; 03/08/04 2:05P[✓,;eeryar #25; Perle lcjo cl Murch 8'6, 2004 Planning Deparunent County of Hawaii Attention: Chris Yuen Via flax: 961.8742 Ph# 961-8288 Attention: Bennett Mark Via Pax: 327-3563 PH# 327-3510 RE: A connector road across T MK#8 3/7-3-19-29 to proposed Huai Vistas Subdivision and out to Maunalahoa Highway This is to verify Haat we are a resident or user the surrounding area and that we support a connector road from the existi ng• Homesteads area across the Church of God Old Goverrunent Road through ;pareel #13/7-3-19-28. We want this road to connect to the Hualalai Vistas Subdivision so lvc Can safely access Mamalahoa Highway. Thank you for your support. Sincerely, Name: �u Address:7' —45 't MAnka Aq�A- tbVyJ Phone#: JUN -02-04 WE) 11:0') AM PIP 'ng Dept Kona FAX:808 327356" PACE 1 ENVIRONMENTAL REVIEW CHANGE OF ZONE REQUEST FOR TMK 7-3-07:27 & 50 KOIJANAIKI, NOR THKONA, HAWAII by Ron Terry, Ph.D. January 2003 Introduction This Envirot mental Review (ER) was developed at the request of Greg ,Mooers as supporting material for a Change of Zone application that is being submitted to the llawai `i County Planning Department. The rezoning applies to an approximately 53.738 -acre property makai of Mamalaboa Highway near the Kona Rills subdivision. The property is bordered by various residences, vacant lots, and the Kona Hills subdivision. The applicant is Chris Clever. The parcel is currently zoned.4.-3a, is classified in the State Land Use Agricultural District, and is designated in the currently adopted (1989) Hawaii County General Plan for Urban Expansion (Low, Medium, and High Density, Industrial and Open). The current draft of the General Plan, which is in tLe final stages of a periodic revision, proposes changing the designation of this area to Low Density Urban. The request would rezone the parcel to County zone to Family Agriculture F,-1 a. After rezoning, current plans call for subdivision into 47 one -acre lots- Methodologv Methodology included field survey and examination of published records related to the environmenu l conditions on the site. Biological surveys of the property were conducted by Geometrician Associates in September 2000. The primary objective was to determine whether any rare or endangered species, or habitat for sueh spec es, were present on the parcel. A secondary objective was to characterize the flora and fauna by: 1) compiling a plant species list that would include the most common alien species and all native species encountered; 2) characterizing the general vegetation types present; and 3) assessing ttic quality of habitat for native fauna. A final objective was to identify any other sensitive environmental conditions or potential impacts. The field survey was conducted by a two -person fiald team. All parts of the site were visited and at least 95 percent of the study area vegetation wPs examined, Dense vegetation in some areas prevented 100 percent visual survey. An archaeological inventory survey was conducted by Rechunan Consulting in August 2002. The work involved examination of previous archaeological surveys, research in land use history, predictive moceling, and intensive fiieldwork- T;nvironmerral Report, TMKs 7-3-07:27 & 50 Page I JUN -02-04 WE) 1i:0 AM Pie ng Dept Kona FAX:808 327356' PAGE 2 Recerds, rnr:ps and publication examined included the zoning maps, parcel maps and records, State Land Use District Maps, and Flood Insurance Rate Maps (FIRM) maintained at the Flawau`i County Planning and Public Works Departments. Published sources included the Atlas ofHawai'i (2nd ed.), the Manual of Flowering Plants off/awai'i, the Rainfall Atlas ofHawai'i, the Univ -d � tates Geological Survey (USGS) topographical map Kailua (1:24,000 scale), the U.S. Soil Conservation Service's.Soil Survey of1sland ofllawai'i, the USGS publication Volcanic ani Seismic flazards on the Island ofHawa'ii, and the 1990 U -S. Census of Population. The References section at the end of this report supplies full references for all published roaterial. General Sltc Deseription The devatior.of the site ranges from approximately 1,300 to 1,500 feet above mean sea level. Slopes on the property are moderate. Annual rainfall is approximately 40 inches. Soils on the site arc chwified as PunalTu extremely rocky peat, which builds up over pahoehoe soil, and Kainru extremely stony peat, •a+hich is found on `a`a lava. Both soils are thin layers of peaty soil over bedrocl:, and both have rapid permeability, slow runoff, and slight erosion hazard. Both soils have a :apability subclass of VIls, meaning that there are severe limitations that make them unsuitable for cultivation and limit their uses largely to pasture and range, woodland or wildlife (USDA 193:55). Florc, Fauna and Ecosystems: Existing Conditions Based or, rainfall and geologic: substrate, the area probably supported a Lowland Dry-Mesic Forest (Gagr e and Cuddihy 1990), with `ohi`a (Metrosideros polymorpha), lama (Diospyros sandwicensh-) and possibly ahthe`e (Psydrax odoratum) as dominants. The original vegetation of the property was probably long ago lost to disturbance because of farming and ranching activities. Tie vegetation of ttte parcel is now almost entirely alien, with a canopy dominated by the human -introduced Christmas berry tree (Schinus terebinihifillus). However, a handful of native plant specics have apparently become re-established. The principal species found on the parcel are lis!ed below, f nvironmenra! Report, TMCs 7-3-0727 & 50 Page 2 JUN -02-04 WE) 11:0 AM Pia n; Dept Kora FAX:808 327356" TRF.F.S AND SHRUBS Buddieia a: iatica Butterfly bush Co ea Coffee #C'ordyrrnc jruricoscr Ti Grevillea robusta Silk of k Lanianc ca,nar•a Lantana Leucaera leucocephala Koa haole Mangifera indica Psidium cattleianum Psidium guajava *Psydrax odoratum Schinus terebinthifolius Schefflera actinophylla Syzygium cumim HERBS, GRASSES AND VINES PAGE 3 Mango Strawberry guava Common guava Alahe`e Christmasber y Octopus tree Java plum *Cocculus triloba Huehut- Pennisetunt cetaceum Fountain grass #Diescorea bulbifera Bitter yarn *Peperomia leptostachya `Ala `ala wai nui 1poa,oecr rrrt%ca Morning glory Phlebodium aureum Hare's foot fern Kalanchoe pinnata Air plant *Psilotum nudum Moa Momordica charantia Beilsemt pear Rhynchelyrrum repens Natal red top Oplismenus hirtellus Basket grass Stachytarphera ap. Blue rat's tail Panicurn rrrccrimutn Guinea grass #Zingiber zerumbet Awapuhi ginger * indicates an indigenous or endemic species and # urdicates a Polynesian introduction No systematic faunal survey was conducted, but opportunistic observation took place during the half jay of vegetation survey, which terminated near sunset. Few mammals or birds were observed on the site. The alien vegetation on the property provides habitat for alien bird species such as apa nese White-eyc (Zosteropsjaponica), Northern Cardinal (Cardinalis cardinalis), and Melodious Laughing Thrush (Garrulax canorus). Mongooses (Herpestes auropunctatus), feral cats (Felts cafus), rats (Rattus app.) and mice (Mus musculus domesticus) undoubtedly inhabit or use the property. No native fauna was observed on the site. it is quite possible that certain native forest birds, seabirds or migratory birds could utilize or fly over the site, but it is unlikely that any with threatened or endangered status; would find the site suitable habitat or be affected by activities that occur on the parcel. The two Hawaiian raptors, the Hawaiian Hawk or `lo (Buten solitarius), end the Hawaiian Owl or Pueo (Alio flammeus sandwichensis), probably make some use of the arm. Although the Hawaiian Hawk is an endangered species, the subject property consists of.a low forest of alien trees and would not be considered part of its essential habitat. No hawk nc:;ts were observed on the site, although the scale of the survey was not exhaustive and tacre m2 y be nests on or very near the property. The only native Hawaiian land mammal, the Hawaiian lloary Bat (Lasiurus cinereus semonis), may also be: present in the area, as it is present in many areas on the island of Hawaii. Observation took place in daylight, and therefore the lack of bat observations does not signify an actual abscn:z of bats. As with the hawk, however, the alien vegetation and disturbed Envirornmetriol Report, TA,'Ks 7-3-07.27 cit 50 Page 3 JUN -02-04 WE) 1(:0 AM Pia 'ng Dept Kona FAX!808 3273560 PAGE 4 Surround in€,s of the proje.t area would not be expected to represent essential habitat for this species. Flora, Fat, tna and Ecosystems. Impacts and Mitigation Measures No rare, thr-atened or endangered species as listed by the U.S. Fish and Wildlife Service appear to be preser t on the parcel, not are there unique or valuable wildlife habitats. Only four native pant species (alahe'e, `ala `ala wai nui, moa, and huehue) were observed. The history of continuous iistttrbance coupaed with the lowland context indicates that the property has little value in teens of conserving native species. No impact on native species or habitat is expected to result frau the rezoning or subsequent activities on the site. Drainage, Existing Conditions No perry anc nt or intermittent streams appear on maps of the parcel, and no evidence of watercourses or gullies was present in the reconnaissance. The Flood insurance Rate Maps for the area (no panel printed) classify the entire parcel and surrounding areas as Zone X, which are identified in the community flcod insurance study as areas of moderate or minimal hazard from the principa. source of flood :in the area. Drabage.- Inpacts and Mitigation Measures The proper:,/ does not appear prone to flooding or likely to produce large quantities of runoff onto adjacent areas in its current state. For any property undergoing intensification of use, flooding car be generated onsite because of an increase in runoff potential from rain falling on more inkviineable surfaces. Mitigation for such impacts may consist of gutters, storm drains, drywells or ether structures to ensure that all runoff is contained onsite. The County of Hawaii will determi ie the necessary mitigation as part of the rezoning, subdivision and plan approval process- Th..- change of zone applicant will comply with all drainage mitigation conditions required by ; he County. Based or, ex_iected mitigation measures, no net impact to the applicant's or neighboring property or any areas downstream would result from the proposed project. Lava Flow ,and Earthquake Flaxards: Existing Conditions The entire 8:,; Island is su::ject to geologic hazards, especially lava flows and earthquakes. The United State; Geological Survey (USGS) classifies this area, which is on the slopes of the dormant volcano Hualalai, as Lava FIow Hazard Zone 4, on a scale of ascending risk 9 to 1. Less "hat 1 1.5 percent of the ground surface within Zone 4 has been covered by lava within the last 750 ;rears. The entire is: and of Hawaii is in Zone 4 on a scale of ascending risk 1 to 4 in the Seismic Frobz.bility Eating. Major damage corresponding to a score of 7 or above on the Modified Mercalli Sca.e is possible. Envirornner,tcd Report. DWKs 7-.3-07:27 & 50 Page 4 JUN -02-04 WE) 11:02 AM Pla .ng Dept Kona FAX:808 3273561 PAGE 5 Lava Flew cnd Earthquake hrazards. Impacts and Mitigation Measures No adverse impacts related to ,,cological hazards are expected to result directly or indirectly from tate proposed rezoning. A similar level of lava flow hazard is shared by all properties in the region. Ca;npliance with ehe regulations of the Uniform Building Code is required to mitigate seismic damage. Air Quality and Noise. Existing Conditions Air quality i;t the project area is currently affected mostly by emissions from motor vehicles and natural sources. Volcanic emissions of sulfur dioxide convert into particulate sulfate which causes a volcanic haze (vog) to blanket the area, a consistent problem in Kona. Motor vehicles on Mamtdalaa highway and adjacent roads and homes emit CO, nitrogen oxides and hydrocarbons (an ozone precumor), as well as smaller amounts of other pollutants. On-site noise is generated by :nearby residential and agricultural activities. Noise levels from Mam3lat:oa -lighway are moderate at the upper portion the site and decrease toward the lower portion. Air Qual.` y cnd Noise: Impacts and Mitigation Measures The proposed rezoning would result in somewhat greater density of residential uses and would thus generatic additional air pollution and noise. Such increases would be negligible in the context of existing conditions and merit no special mitigation measures. Construction will cause temporary impacts to air quality and noise, which will be mitigated by proper adherence to mitigation measures imposed during permits for grading and construction by the County of Hawaii and the State of Hawai i. Seenic Resod rtes : busting Conditions Existing residential areas and vegetation block the view of much of the parcel from Mamalahoa Highway. From all other dirccEons, the parcel appears to be a dense forest of Christmasberry with m occasional, emergent Silk oak. Views from either side of the parcel may include panorames o;"the coastal area from high points where vegetation does not obstruct the horizon. Directly behind the property is E. steep slope, so that neighboring residences are perched considerably r;bove, and the vegetation of the subject property is below their horizons. No views specifically ci,ed in the Ila,vai'i County General Plan Support Document are part of the scenery or viewsied of the property. Scenic Resources- Impacts and Mitigation Measures The p:ropos& rezoning is unlikely to adversely affect scenic views. h'nvironmen'a7 Report, TMXs 7-3-07:27 & 50 Page 5 JUN -02-0,6 WE) 11 U Pla ig Dept Kona Soeloecorttsnic Existing Cona'Itions FAX:808 3273563 PAGE 6 The iollowi ag table presents recent and historic population data for Hawaii County and the North and South Kona Districts, Poiaulation Growth in Kona- 1970-t9nn YP.-riod 19'70 1980 1990 2000 %Growth ona r 41832 13,898 22,284 28543 488% ona 4.004 5,809 7,658 8,589 114% Coanty 64,468 92,053 120,317 148,677 131% sources: U.S. P,ureau of the Census: 1990 Census of Population. General Population Characteristics." 1990 CP -1-t 3; Hawaii CoumJ Data Book The population of Kona has grown steadily since 1965 as a result of the expanding visitor industry in Nest Hawaii, which has a large and growing share of the visitors to the island and consequently the de facto population. At any given time, up to one-fourth of those present in Kona are visitors. The com')im tion of expanding .resident and visitor populations has increased traffic in all of West Hawaii. Major roadways in Kona have experienced more than a tripling in average daily traffic between 1984 and 2001 (Source: State DOT Planning Branch traffic counts). The ethnic composition of the Kalaoa area (a census unit directly adjacent to Kohanaiki) at the time of the 2300 U.S. Census of population is presented in the table below. Environmem'v,' Reporl, "!'Mics : ••3-07:27 & jo Page 6 JUV-024,4 WE) 11:Q? ANI Pla, 'ng Dept Kona FAX:808 3273563 PAGE 7 Socioeconomic Data, Kalaoa Area, 2000 U.S. Census _— Asan 13 Native Ilawaiian/Pacific Islander 10 :rcent Two or More Races � ource: bttp'//factfildcLcei qts s gov/ Socloeco:lon ic: Impacts and IbDtigation Measures The proposed rezoning to Patnily Agriculture A-1 a would lead to an addition of as many 30 more households than would be possible under existing A -3a zoning. Based on an average household si:>e in The Kalaoa area of 2.83 persons, 80 to 90 additional residents might eventually occupy the homes. The magnitude of this addition would not be substantial in terms of the existing er et.pected growth in Kona, At the time of rezoning and subdivision, various fees and requirements are usually imposed to account for the additional needs to provide general services to new residents- In addition, tax revenues generated by new residences increase the tax base and provide Minds for roads, schools, parks and other public facilities. Neighbor400sl Character: Existing Conditions rand Impacts The properhf is within the area identified a, Urban Expansion in the Hawaii County General Plan (both exiiting and current revision). The properties surrounding the area have a mixture of uses, with bo :h Residential and ,agricultural zoning. A number of residences are present in the immediate at ,a of the property. Because adja .ant areas have land uses and densities similar to those being proposed through this rezoning regi est, there would be little impact to the character of the neighborhood, Environrr mwi Report, Y'M)is 7-3-07:2.7 & )0 Page 7 Total Population: �.vcrage Flousehold Sizelfedi,an AgePercentOver6:i AKalaoa YearsPercent Under 18 .-rcentHouia ant?ercent White Asan 13 Native Ilawaiian/Pacific Islander 10 :rcent Two or More Races � ource: bttp'//factfildcLcei qts s gov/ Socloeco:lon ic: Impacts and IbDtigation Measures The proposed rezoning to Patnily Agriculture A-1 a would lead to an addition of as many 30 more households than would be possible under existing A -3a zoning. Based on an average household si:>e in The Kalaoa area of 2.83 persons, 80 to 90 additional residents might eventually occupy the homes. The magnitude of this addition would not be substantial in terms of the existing er et.pected growth in Kona, At the time of rezoning and subdivision, various fees and requirements are usually imposed to account for the additional needs to provide general services to new residents- In addition, tax revenues generated by new residences increase the tax base and provide Minds for roads, schools, parks and other public facilities. Neighbor400sl Character: Existing Conditions rand Impacts The properhf is within the area identified a, Urban Expansion in the Hawaii County General Plan (both exiiting and current revision). The properties surrounding the area have a mixture of uses, with bo :h Residential and ,agricultural zoning. A number of residences are present in the immediate at ,a of the property. Because adja .ant areas have land uses and densities similar to those being proposed through this rezoning regi est, there would be little impact to the character of the neighborhood, Environrr mwi Report, Y'M)is 7-3-07:2.7 & )0 Page 7 JUN -02-04 WE) 11!01 ANI Fla ig ;Dept Kona FAX:808 3273563 PAGE 8 Agricull ira' Land: Fxisting Conditions and impacts The agricultural utility of soil in Hawaii has been assessed by the U.S. Natural Resources Conservation Service and mapped as part of map series Agricultural Lands ofimportance to the .Stare of.Flawai'i (ALISH). A. portion of the property is classified as Other Important Agricultval Land (Source: ALISH maps on file, Hawaii County Planning Department; Hawaii State Geographic Information System web page). The site has been used for coffee cultivation in the past. The soil is only marginally suitable for coffee cultivation, and no significant loss to coffee -belt agricultural land would occur as a result of the action. Archaeo,'o01 and historic Sites: Existing Conditions, Impacts and Mitigation Measures An ar•cheeol 3gical inventory <.:urvey on the property was conducted by Rechtman Consulting and has been submitted to the ;Aawai`i State Historic Preservation Division. As the entire study area was rnechanieally cleared to accommodate coffee cultivation, few significant historic sites were expected. F:,ve previously unrecorded sites were discovered: an historic -era enclosure remnant (SIHP Site 2'4628), two stone terraces (SHIP Sites 23629 and 23630 — from the historic and prehistoric eras), and two sets of historic boundary walls (one set surrounding each parcel) (SIHP Sites 23631 and 23632). In addition to these sites, an interconnected series of old bulldozed access roads spanning the entire larger parcel (TMK: 3-7-3-7:50) and a recent bulldozer cut along the south side of the sane parcel were also mapped as far as they could be followed through the dense brush. Site 23628 was interpreted by the archaeologist as not being significant; the remaining Sites were all interpreted as significant for information content only. The information has been obtained during the inventory survey, and the archaeologist's recommendation was that no lielher work is necessary. Public Facil'ties and Services: Existing Conditions Access to the site is provided by one driveway from Mamalahoa highway. Sight distance is adequate both up and down Matnalahoa Ilighway. Traffic congestion is generally minor except during peak aours, when left -turns offMantalahoa Highway cause traffic to back up and queues develop on >ide streets. All necessau1, utilities are available onsite, including water, service via an 8 -inch line adjacent to the property. Wastewater treartttent in this area is through cesspools and septic tanks. The Kona Fr e Station is at the base of Palam Road. The Kona Regional Police Station is in Kealakehe rear Queen Ka`ahutnanu Highway. Both are within about 5 utiles. Kona hlospital is located u; Kcalakekua, about 13 miles from the site. Kealakehe Elementary, Intermediate, and High School are also all within Lave miles of the site. Environmental Report, lMv�s ?-3-07.27 & SO Page 8 JUN -02-04 'NE) 11,08 0 Fla i; Dept Kona FAX!808 327356° PAGE 9 �.J Neighborh(od parks are currently few in the area. A regional park with a swimming pool, ballfields, a gymnasium and ether facilities is present at Old Kona Airport. A number of beach parks serve the North Kona auea. Public IacilWes and Services! Impacts and Mitigation Measures One main road off of Mai alahoa Highway will service the subdivision. Stub -outs to the propmty bo'mdary may make access to this road from adjacent and nearby properties possible, easing the a,cess situation on. lvlamalahoa Highway. 'traffic impacts will be gauged as part of the review proc,_ss during rezoning, subdivision and plan approval. The Hawaii State Department of Transpo:ttation is expected to determine what mitigation measures are necessary. Wastewater treatment w1l be through individual wastewater treatment systems designed, sited and installed in accordance with Hawai `i St2te Department of Iiealth regulations (HAR § 11-62). No impacts or burde:.�s t> utility services or other customers would be experienced as a result of the rezoning and subsegaent uses. The subdivision would create only negligible new demands on public facilities and services, all of which could be accommodated with existing facilities. Alternatives The alternative to rezoning the parcel would be to leave the existing zoning in place. Ir, the A -3a district, one Fane residence and additional auxiliary dwellings and structures directly related to agricultural iLctivities are pcmti;'tcd uses. The most likely outcome would be that the parcels would be subdivided into 17 parcels, on each of which a single-family home accessory to agricultural nse would be built_ This would reduce the potential population increase as well as the degree ofrelated adverse quid beneficial impacts, such as traffic impacts and tax base increase. Findings of 1;nvironmental Impact and Conclusions No substantial adverse environmental effects to are to be expected from the rezoning and the expected subsequent development. Negligible short-term impacts to noise, traffic, scenic values and dust or scolimentation may occur during construction. Mitigation measures will be necessary to preven': long-term drainage impacts. These will be developed as part of County -approved drainage;)lars, which should produce no net adverse impacts and potentially beneficial drainage impacts. Mitigation for long-term traffic impacts, if any, will be developed during the rezoning, subdivision aad plan approval review process. In terms of the relationship between the short -tern use of man's environment and the maintenance :Ind enhancement of long-term productivity, no short -tern, exploitation of resources that would e,itail negative long-term consequences has been identified for the rezoning. The construction o�hornes and infra<tructure would involve the irreversible and irretrievable commitment ofordy negligible cuantities of natural resources. Enviionmente,i Report, TMKs '-3-07:27 & 50 Page 9 JUN -02-04 WE) 11,01 AM Fla n, Dept Kona FAX:808 3273563 PAGE 10 R-EFF]tENCES Gagne, W., and L. Cuddihv. 1990. "Vegetation," pp. 45-114 in W.L. Wagner, D.R. Her-isi, and S.H. Soluner, cods., Manual of the Flowering Plants of Hawaii. 2 vols. ]3or.olulu: University of.Fi3wai'i Press. Giambe lucca, T.W., Nullet, M.A., and T.A_ Schroeder. 1986. Rainfall Atlas of Hawaii. HD110111 U: Hawaii Department of Land and Natural Resources. Hav-ai i County Department of Public Works. 1970. Storm Drainage Standards. Hilo - Ila" ai'i ilo. Ila"ai'i County Planing Department. 1989. General Plan, County of Hawaii. Hilo. llawai'i State Department of Transportation, Highways Division. Various years- Traffic Summary, Island ofHjw&i, Honolulu. I llel 'cer, C. 1990. Volcanic crud .Seismic Hazards on the Island of Hawaii. Washington: U.S. 6130. U.S. Bureau of the Census. 1991. 1990 Census of Population, General Population Charact>ristics. 1990 CP -I-13. Washington: CrPO (portions electronically republished in tlawai'i Data Disc. 1993, CD-ROM. Honolulu: Hawai'i State Department of Business, { Economic Development and Tourism. (`.S. Soil Conservation Service. 1973. Soil Survey nflslandofHawaii, State of Hawaii. WasbinEton: U.S.D.A. Envirmirental Report, rMKs 7-3-07:27 &.)0 Page 10 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 22, 2004 TO Christopher J. Yuen, Planning Director Planning Department FROM: Galen M. Kuba, Division Chief Engineering Division SUBJECT Change of Zone Application (REZ 04-005) Applicant: Tom Smith Location: Kohanaiki Homesteads, Kohanaiki, N. Kona TMK: 3 / 7-3-019: 028 We reviewed the subject application and our comments are as follows: DRAINAGE All development generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. 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 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 According to the applicant, access will be from through the Hualalai Vistas Subdivision to the north. This will also provide a safer access to the adjoining subdivision to the south of the subject parcel and any others currently using the Homestead Road to access Mamalahoa Highway. We concur and propose the following condition: As a condition of subdivision approval, the applicant shall extend a dedicable subdivision road from Hualafai Vistas to the Homestead Road Memorandum to PD April 22, 2004 Page 2 of 2 on the southern boundary of the subject property. The intersection of the Homestead road and the proposed interior subdivision road shall also be improved meeting with the approval of the DPW. The subdivision road shall be dedicated to the County upon request. The Homestead Road, fronting the subject property to the south, is a government road, not maintained by the County. The right-of-way varies in width. The improvements are substandard and unsuitable for the present use as a subdivision access. It has an approximate 8 -ft. wide concrete pavement which may not be within the existing right-of-way. The grade appears to exceed the 18% maximum for a subdivision road. The approach to Mamalahoa Highway is steep, at an acute angle, and has poor sight distance to the south. In the absence of a requirement to take access from Hualalai Vistas, Homestead Road is the existing available access to the proposed subdivision. We propose the following condition not to encourage or recommend, but only to address the possibility of such alternate access. In fact, because of the existing grade, the meeting of this condition may not be structurally practicable: As a condition of subdivision approval, the applicant shall widen and improve Homestead Road along the entire subject property frontage and east to Mamalahoa Highway, meeting with the requirements of the Subdivision Code, the DPW and DOT. The improved roadway shall be open to public use, given the Homestead Road is a public right-of-way. Streetlights, signs and markings shall be installed meeting with the approval of the DPW, Traffic Division. 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 d aU s ri ,`J39G B`� T%20 HIL -0, H;,1,V/11'1 .96720 rEar,n.x,-- April 30, 2004 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-005) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 04-008) REQUEST: A -3A TO RA -.5A APPLICANT — TOM SMITH TAX MAP KEY 7-3-019:028 We have reviewed the subject application for the proposed State Land Use Boundary Amendment and Change of Zone and have the following comments. Water can be made available from an existing 12 -inch waterline along Mamalahoa Highway for the proposed 7 -lot subdivision. Pursuant to the Department's Rules and Regulations, a water commitment may be issued. Based on the six additional lots that are requested in the proposed Change of Zone Application, the required water commitment deposit is $900.00. Remittance of $900.00 from the applicant is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Upon issuance of a formal water commitment, we shall submit our comments and requirements for tentative subdivision approval. For the applicant's information, should the subject change of zone be approved and a subdivision application executed, final approval will be subject to the following requirements: Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under both peak -flow and fire -Flow conditions; minimum diameter of mains shall be 6 inches, b. service laterals that will accommodate a 5/8 -inch meter to each lot, and EXHIBIT /�y B I T c. fire hydrants spaced no more than 600 feet apart and within 300 feet of each lot. G , c The rdap _. Or A,I<er(,, ser c '._'.r v ..-�<a,e: v�C -e rClvd Rlghty room 328 'N Whi�tei butltlng --anz In l .� a+anc� Av v c „]1 'M end f➢OJ Mr. Christopher J. Yuen, Planning Director Page 2 April. 30, 2004 Submit installation plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $33,290.00 and $3,000.00, respectively, and calculated as shown below. This is due and payable upon completion of the construction of the water system improvements and prior to water service being granted. FACILITIES CHARGE First service @ $1,190.00 $ 1,190.00 Six additional services @ $5,500.00 each +33,000.0 SUBTOTAL $34,190.00 CAPITAL ASSESSMENT FEE Six additional services in North Kona @ $500.00 each $ 3,000.00 TOTAL (SUBJECT TO CHANGE) $37,190.00 For your information, the total facilities charge requirement, which is subject to change, is $34,190.00. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $33,290.00. 3. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding the water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, �ftL- Milton D. Pavao, P.E. Manager SHK: dfg copy - Mr. Tom Smith Mr. Sidney Fuke DEPARTi EENT OF WATER SUPPLY OOWgTY OF @1a WAV6 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 98720 ' TELEPHONE (808) 961-8050 May 24, 2004 Mr. Tom Smith c/o 4054 McKinney Avenue, Suite 310 Dallas, TX 75204 FAX (808) 981-efibI — r-1 ... WATER COMMITMENT DEPOSIT STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-005) CHANGE OF ZONE APPLICATION (REZ 04-008) TAX MAP KEY 7-3-019:028 f'J This is to acknowledge receipt of the required $900.00 water commitment deposit for the subject application. Receipt No. 240378 is enclosed for your files. In accordance with Rule 5 of the Department's Rules and Regulations, a water commitment time extension for the proposed development for six (6) additional units of water at an average day of 400 gallons per day, per unit, is hereby granted until May 31, 2007, with the following conditions: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under both peak -flow and fire -flow conditions; minimum diameter of mains shall be 6 inches, b. service laterals that will accommodate a 5/8 -inch meter to each lot, and c. fire hydrants spaced no more than 600 feet apart and within 300 feet of each lot. Submit construction plans prepared by a professional engineer, architect, or land surveyor, registered in the State of Hawaii, for review and approval. 2. Remittance of the prevailing facilities charge balance and capital assessment fee, which are subject to change, of $33,290.00 and $3,000.00, respectively, and calculated as shown below. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. FACILITIES CHARGE First service @ $1,190.00 $ 1,190.00 Six additional services a $5,500.00 each +33,000.00 SUBTOTAL $34,190.00 d( 1, k`SILC�i /D!'OJPW_5.1... - / I ^'eDepe T n --'Nam Supply isan Equal OPPoinurmy pr,vidcr:rnc ennigloyer-lc tie a cempl-n ntoffiscrminanon. mire. t)SDA Director, of ceofCivil Hights Room 325-11 Whffieu Building. 14th and Inc p nd nce Avenue, SW .Vashingfon DC 20250 9410. Or call (202) 720-5964 (voice an I FDD) Mr. Tom Smith Page 2 May 24, 2004 CAPITAL ASSESSMENT FEE Six additional services in North Kona n S500.00 each $ 3,000.00 TOTAL (SUBJECT TO CHANGE) $37,190.00 For your information, the total facilities charge requirement, which is subject to change, is $34,190.00. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposits may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. With this understanding, the current facilities charge balance is $33,290.00. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. Conveyance of the improvements and easements is required prior to water services being granted. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with the prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, Milton D. Pavao, P.E. Manager SHK:sco Enc. copy— (w/o enc.) Planning Department (w/o enc.) Mr. Sidney Fuke JNiV ar .ygwv Harry Kim Mrtyor •off .; Wd r Oi'N> (Countp of 'Wabnai`f FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 961-8297 • Fax (808) 961-8296 April 12, 2004 Darryl J. Oliveira Fire Chief Desmond K. Wery Deputy Fire Ci,ief t n TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT : STATE LAND USE BOUNDARY AMENDMENT APPLICATION (SLU 04-005) REQUEST: AGRICULTURAL TO RURAL CHANGE OF ZONE APPLICATION (REZ 04-008) REQUEST: A -3a TO RA -.5a APPLICANT: TOM SMITH TAX MAP KEY: 7-3-19:28 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire -fighting or rescue operations would not be impaired. Christopher J. Yuen, Planning Director Page 2 April 12, 2004 "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Christopher J. Yuen, Planning Director Page 3 April 12, 2004 Water supply shall be in accordance with UFC Section 10.301: "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207." We further recommend that the proposed road join with the planned road at Hualalai Vistas. This will enhance fire protection for both subdivisions during fire spread. i ARR L 6LIVEIRA ire Chief ►1.1119 LINDA LINGLE GOVERNOR OF HAWAII April 27, 2004 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 Mr. James Moore Archaeological Consultants of the Pacific, Inc. 59-624 Pupukea Road Haleiwa, Hawaii 96712 Dear Mr. Moore: PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATIONCONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE HISTORIC PRESERVATION KAHOOIAWE ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO: 2004.1270 DOC NO: 0404PM09 SUBJECT: Chapter 6E42 Historic Preservation Review of a Draft Report: "An Archaeological Inventory Survey Report for TMK: 7-3-19:28 Located in Kohanaiki" (Elmore, Elison and Kennedy 2004) Kohanaiki Ahupua'a, North Kona District, Island of Hawai'i TMK: (3)7-3-019: 028 Thank you for the opportunity to review and comment on the subject report, which was received in our office on March 16, 2004. The report was prepared for Mr. Thomas M. Smith of Smith Collins, LLP. The information presented in the historical and archaeological background sections of the report is adequate for predicting the kinds of historic properties that might be found during the survey. The background information is likewise sufficient in terms of providing a context for understanding and evaluating the significance of sites found in the survey. We believe that the roughly 3.92 acre project area, located approximately 650 feet from the shoreline at elevations ranging from 1410 to 1480 feet in the ahupua'a of Kohanaiki, has been adequately surveyed. One historic site was found in the survey. The site (50-10-28-24133) is described as a habitation/agricultural complex comprised of a collapsed house, walls, enclosures, mounds and terraces, and one burial feature with multiple remains. The site appears to us to have been adequately mapped and described. We have one minor comment on the report (see Attachment). The review of previous archaeological research in the general area appears to be relatively complete in terms of the brief summaries of individual projects, but the overview is in other ways not very useful. The reason is that the various projects are not located on a map or identified by a TMK number, which means that there is no way to know what specific areas have been previously studied. We won't require you to provide both a map and the relevant TMK numbers, although both kinds of information would add to the review of previous work. We suggest that you at least include the TMK numbers in Table 1. This would be the quickest and easiest solution and could be accomplished by sending us a replacement page. Mr. James Moore Page 2 We agree with your proposed site significance evaluation. Site 24133 is significant under Criterion V for the information it has yielded on historic land use patterns and Criterion V because of the presence of human burials. We also agree with your proposed recommendations, which call for preservation of the burials, but no further work at any of the other features. The non -burial features have been adequately documented and hold no significant research or interpretive potential. Your report meets with our approval with the understanding that you will address the comment above on the review of previous archaeology and submit a replacement page or pages. The next step in the historic preservation review process will be the preparation of a Burial Treatment Plan for staff review and submittal to the Hawai'i Island Burial Council If you should have any questions about our review comments please contact our Hawaii Island archaeologist, Patrick McCoy, at 692-8029. Aloha, P. Holly McEldowney, Administrator State Historic Preservation Division PM:jen c: Chris Yuen, County of Hawaii Planning Department Kai Emler, County of Hawaii Department of Public Works Kai Markel[, SHPD Burial Sites Program Chair, Hawaii Island Burial Council LINDA LINGLE GOVERNOR OF HAWAII May 10, 2004 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Christopher J. Yuen, Director Hawaii County Planning 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 Dear Mr. Yuen: HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 PETER T. YOUNG CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT DAN DAVIDSON DEPUTY DIRECTOR LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION C CONSERVATION AND RESOURCES ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAW E ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO: 2004.1469 LOG NO: 0405MM11 SUBJECT: Chapter GE -42 Historic Preservation Review [County/Planning] State Land Use Boundary Amendment (SLU 04-005) Agriculture to Rural and Change of Zone Application (REZ 04-008) A -3a to RA -.5a Kohanaiki, North Kona, Hawaii TMK: (3) 7-3-019: 28 Thank you for your letter dated March 31, 2004 and the opportunity to comment on this proposed action. Your request was received on April 5, 2004. An Archaeological Inventory Survey for this 3.92 acre parcel has been reviewed and approved by our division (An Archaeological Inventory Survey Report for TMK: 7-3-19:28 Located in Kohahaiki Ahupua'a, North Kona District, Island of Hawaii. Elmore, Ellison and Kennedy, March 2002). One historic site was found in the survey, a habitation and agricultural complex (Site 50- 10-28-24133) with a collapsed house, walls, enclosures, mounds and terraces, and two burials within a single feature. No further work is recommended for the habitation or agricultural features, but a Burial Treatment Plan will be required for the burial site. We have no objections to the approval of the pending applications, with the understanding that a Burial Treatment Plan is approved and implemented for Site 24133, Feature 14. If you have any questions about this matter, please call either MaryAnne Maigret, Hawaii Island Assistant Archaeologist (327-3690) or Patrick McCoy, Hawaii Island Archaeologist (808-692- 8029). Aloha, ..., � ,r ✓,�.et� l�%^, =z.",=mss �[a, e_c P. Holly McEldowney, Administrator State Historic Preservation Division MM:jen C: Kai Markell, SHPD Burial Sites Program Chair, Hawai'i Island Burial Council LINDA LINGLE GOVERNOR L. MEMORANDUM t@q CHIVOME L. FUKING, M.D. DIRECTOR OF HEALTH ao�: Eaves L, r s�rATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 916 HILO, HAWAII 96721-0916 DATE: April 30, 2004 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 04-005) Request: Agricultural to Rural Change of Zone Application (REZ 04-008) Request: A -3a to RA -.5a Applicant: Tom Smith Tax Map Key: 7-3-19:28 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 "[a]ny 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...." Christopher J. Yuen Page 2 April 30, 2004 A National Pollutant Discharge Elimination System (NPDES) general permit coverage is required for the following activities: a. 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; f Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulk stations and terminals; h. Discharge of treated effluent from well drilling activities; i. 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 the commencement of the respective activities. The NOI forms may be picked up at our office or downloaded from our website at http://www.state.hi.us/doh/eh/cwb/forms/genl-index.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 httl2://www.state.hi.us/dobJeh/cwb/forms/indiv-index.html. 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. Christopher J. Yuen Page 3 April 30, 2004 If you have any questions, please contact the CWB at 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. W ORD: SLU04-005REZ04-008.my AMIZ SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 May 12, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning • Subdivision • Land Use Peru • Environmental Reports 7 9Cr c � . Subject: Rezoning (REZ 04-008) and SLU (SLU 04-005) Applications Thomas Smith, TMK: 7-3-19: 28 Please find enclosed a. copy of a letter from the State Department of Land and Natural Resources — Historic Preservation Division, dated April 27, 2004, accepting the archaeological report, subject to minor editorial revisions. I would also like to use this means to address the comments of the Department of Water Supply. The applicant understands that County water is generally available for the project. However, improvements would have to be made to provide access to the proposed lots. At this time, as with the project's access, there are two alternatives. One would be through the "Church of God" Homestead Road and the other, through the proposed Hualalai Vistas subdivision. At this time, the applicant believes that the most prudent access — and related utilities — would be through the proposed Hualalai Vistas subdivision. Such a connection would help achieve a good road circulation system in this area, one that would aid existing lot owners. We have shared this thought with you in an earlier letter. In the event the subject parcel cannot secure a direct access to the Hualalai Vistas subdivision, it would have no alternative but to utilize the "Church of God" Homestead Road for both its access and water system. In that event, the water line would have to be extended from the Mamalahoa Highway to the subject site, and the applicant will have to decide whether it would be financially prudent to proceed with his project. I trust that the above adequately addresses the Water Department's comments on this matter- If not, please contact me. Thank you very much. mcerel SIDNEY M. FUkE Planning Consultant Copy — Department of Water Supply rvlr- Tom Smith, Esq. via email �IN LINDA LING LE GOVERNOR OF HAWAII April 27, 2004 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Mr. James Moore Archaeological Consultants 59-624 Pupukea Road Haleiwa, Hawaii 96712 Dear Mr. Moore: HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555_ 601 KAMOKILA BOULEVARD KAPOLEI, HAWAII 96707 of the Pacific, Inc. PETER T. YOUNG CHAIRPSON BOARD OF LAND AND NATURAL RES OURCES COMMISSION ON WATER RESOURCE MAN GEM AGEMENT DAN DAVIDSON DEPUTYDIRECTOR LAND ERNEST Y.W. LAU DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION CONVEYANCESBUREAU OF COMMISSION ON WATERRESOURCE MANAGEMENT CONSERVATION AND COASTAL CONSERVATION AND RESOURCES ENFONDS ENGINEERING RCEMENi FORESTRYAND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS LOG NO: 2004.1270 - DOC NO;-0404PM09-- - --.- SUBJECT: Chapter 6E-42 Historic Preservation Review of a Draft Report: "An Archaeological Inventory Survey Report for.TMK: 7-3-19:28 Located in Kohanaiki" (Elmore, Elison and Kennedy 2004) Kohanaiki Ahupua'a, North Kona District, island of Hawai'i Thank you for the opportunity to review and comment on the subject report, which was received in our office on March 16, 2004. The report was prepared for Mr. Thomas M. Smith of Smith Collins, LLP. The information presented in the historical and archaeological background sections of the report is adequate for predicting the kinds of historic properties that might be found during the survey. The background information is likewise sufficient in terms of providing a context for understanding and evaluating the significance of sites found in the survey. We believe that the roughly 3.92 acre project area, located approximately 650 feet from the shoreline at elevations ranging from 1410 to 1480 feet in the ahupua'a of Kohanaiki, has been adequately surveyed. One historic site was found in the survey. The site (50-10-28-24133) is described as a habitation/agricultural complex comprised of a collapsed house, walls, enclosures, mounds and terraces, and one burial feature with multiple remains. The site appears to us to have been adequately mapped and described. We have one minor comment on the report (see Attachment). The review of previous archaeological research in the general area appears to be relatively complete in terms of the brief summaries of individual projects, but the overview is in other ways not very useful. The reason is that the various projects are not located on a map or identified by a TMK number, which means that there is no way to know what specific areas have been previously studied. We won't require you to provide both a map and the relevant TMK numbers, although both kinds of information would add to the review of previous work. We suggest that you at least include the TMK numbers in Table 1. This would be the quickest and easiest solution and could be accomplished by sending us a replacement page. Mr. James Moore Page 2 We agree with your proposed site significance evaluation. Site 24133 is significant under Criterion "d" for the information it has yielded on historic land use patterns and Criterion "e" because of -the presence -of human -burials: -We also agree with your proposed recommendations, which call for preservation of the burials, but no further work at any of the other features. The non -burial features have been adequately documented and hold no significant research or interpretive potential. Your report meets with our approval with the understanding that you will address the comment above on the review of previous archaeology and submit a replacement page or pages. The next step-in the historic preservation review processwill_be the -preparation -of a.B.urial._ Treatment Plan for staff review and submittal to the Hawai'i Island Burial Council If you should have any questions about our review comments please contact our Hawaii Island archaeologist, Patrick McCoy, at 692-8029. Aloha, "c%e'l� /17cr�v�y P. Holly McEldowney, Administrator State Historic Preservation Division « PM:jen c: Chris Yuen, County of Hawaii Planning Department Kai Emler, County of Hawaii Department of Public Works Kai Markell, SHPD Burial Sites Program Chair, Hawai'i Island Burial Council SidneyFuk 3, Planning Consultant Aae ANN �Ar 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 April 29, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zonin • Subdivision • Land Use Per • Environmental Reports Subject: Rezoning (REZ 04-008) and SLU (SLU 04-005) Applications Thomas Smith, TMK: 7-3-19: 28 This is in response to your letter of April 26 requesting "information regarding an alternative access to the proposed lots in the event that access is not provided through the Hualalai Vistas Subdivision." As noted in my letter of April 14, it is the applicant's goal to help implement what it believes are the County's goals — i.e., improved access between the Mamalahoa Highway and lots within the Kohanaiki Homesteads area. In pursuit of this objective, it is the applicant's understanding that the County required, as a condition of the zone change, that Hualalai Vistas extend its roadway to its north and south property lines. As such, the development of an adjoining parcel (such as the applicant's) would result in having this road intersect with the "Church of God" Homestead Road at a location where it provides maximum access and use to lots within the Kohanaiki Homesteads area. The applicant believes that its project would help achieve this objective and that the County has the ability to mandate the location of this road in conjunction with its review of the Hualalai Vistas subdivision application. Thus, unless there are compelling traffic circulation planning, development scheduling, legal, topographic, environmental, or archaeological/cultural reasons, the road stub at the south end of the Hualalai Vistas subdivision should intersect with the subject property. In the event the subject parcel does not have any direct access to the Hualalai Vistas subdivision, the applicant would be compelled to utilize the "Church of God" Homestead Road to gain access to the Mamalahoa Highway. In that regard, there would be two possible alternatives. One would be a direct route to the Highway. However, whether the project actually gets developed or not may be somewhat problematic, due to the substantial off-site road improvement costs. The Hualalai Vistas subdivision is mandated to provide a road stub to the south, which will eventually intersect with a property abutting the "Church of God" Homestead Road. As such, the other option would be to utilize the Homestead Road up to the point of its intersection with the Hualalai Vistas subdivision. Mr. Christopher Yuen April 29, 2004 Page 2 While those may be options, they may be neither financially realistic to the applicant nor prudent from a traffic circulation perspective. The applicant maintains that the most prudent location to provide improved access to the Kohanaiki Homesteads lots would be through its property and requests that the County proceed to implement this concept. Finally, the applicant would not object to zoning conditions that would mandate a road easement and/or dedication of a road right-of-way through its property, as noted in my April 14 letter, as well as the various access options noted above. In either case, the applicant would be precluded from developing its project unless one of the options noted above is fulfilled. I trust that the above adequately addresses your question. If not or if there are other questions or agency comments on this matter, please feel free to direct them to me. Thank you very much. Sincerely, SIDNEYM� UKE Planning Consultant Copy — Mr. Tom Smith, Esq. via email idneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 April 14, 2004 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, 111 96720 Dear Mr. Yuen: • Planning • Variance • Zonin • Subdivision • Land Use Per • Environmental Reports 1� nor Subject: Rezoning (REZ 04-008) and SLU (SLU 04-005) Applications Thomas Smith, TMK: 7-3-19: 28 Thank you for providing me with a copy of an undated letter from residents of the Kohanaiki Homesteads regarding the subject applications. We can appreciate and share the concerns of the residents, and the applicant believes that his project will only ameliorate and not exacerbate these concerns. As discussed below, this project will improve the existing road and water infrastructure in this area at no additional expense to the County and the existing homeowners who currently use the Church of God Homestead Road. In that regard, we would appreciate your taking the following into consideration as you deliberate on the subject applications: Given the applicant's planned subdivision and the proposed Hualalai Vistas subdivision and its road improvement requirements, the applicant believes that the most prudent location for a north -south connection within the Hualalai Vistas subdivision would be at his property. When completed, these roads would be built to County dedicable standards by the applicant and the developer of the Hualalai Vistas subdivision and subsequently dedicated to the County. As such, they would provide a safer means of access for residents of the Kohanaiki Homestead Subdivision and others who currently use the "Church of God" Homestead Road to get to the Mamalahoa Highway. 2. Pursuant to this goal, the applicant is prepared to set aside a road easement on the subject site in favor of the County of Hawaii immediately upon request by the County. This easement could then be subdivided and created as a road lot and conveyed to the County after the rezoning/SLU actions occu.. The road lot cannot be created now, as it would result in having lots that would be less than the minimum area called for by the present A -FA -3a zoning. Then, in the unlikely event the applicant does not proceed with his project — in spite of the Hualalai Vista subdivision being completed — the road lot would enable the County to complete this road connection. Mr. Christopher Yuen. April 14, 2004 Page 2 3. According to the rezoning conditions, roads and utilities within the rights- of-way must be dedicated to the County. As such, the applicant intends to have the utilities extended from the end of the road within the Hualalai Vistas subdivision through his project. As the road and utilities within the applicant's subdivision would be dedicated to the County, the water line could be extended to service existing or new lots in this area. 4. As the applicant has no intention of utilizing the "Church of God" Homestead Road, he has no plans to make any improvements to it, except in that area where his planned road intersects with the Homestead Road. The transition would have to comply with County requirements, which may include the relocation of any utility pole(s). When making these improvements, all appropriate precautions will be taken by the contractor to make sure that the existing water lines are not damaged. In the unlikely event that any of those lines are damaged, they will be repaired at the applicant's expense. 5. Finally, once these improvements are completed, since the Homestead Road is a County road and the new road within the applicant's property will be dedicated to the County, the applicant understands that the County will assume the maintenance responsibility. I trust that the above adequately addresses the concerns raised in that letter. If not or if there are more comments on this matter, please feel free to direct them to me. Thank you very much. Sincerely, I SIDNEY M. FUKE Planning Consultant Copy — Mr. Tom Smith, Esq. via email Ms. Carol Souther for distribution SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 • Fax: (808) 969-7996 May 28,29 4�, i�� [) 28 D() `I3 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAII - 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: • Planning • Variance • Zoning • Subdivision • Land Use Permit • Environmental Reports Subject: Rezoning (REZ 04-008) and SLU (SLU 04-005) Applications Thomas Smith, TMK: 7-3-19: 28 Thank you for providing me with copy of agency and public comments regarding the subject applications. We note that the State DLNR did not have any substantive comments or objections to the request. In response to the other comments, however, please note the following: Department of Water Supply (DWSI By letter, dated May 24, 2004, the DWS acknowledged receipt of the applicant's water commitment deposit. Thus, water would be available, subject to certain infrastructure improvement requirements. Department of Public Works (DPW) In conjunction with the subdivision review and approval process, the appropriate drainaee control system will be developed and submitted to the County for its review and approval. Pursuant to County policy, said system will be designed to contain all on-site generated water on the property. This will largely be accomplished through a system of drywells. In the event that Underground Injection Control (UIC) permits are required to implement the plan, said permits will be secured prior to construction of the system. Prior to any gradin ¢ and/or grubbing activity, the appropriate permit will be secured from the County Department of Public Works. Although unlikely, in the event an NPDES permit is needed, this will also be secured prior to any land disturbance activity. Relative to the access, the applicant concurs with the DPW's proposed condition. Specifically, the DPW is recommending that "The applicant shall extend a dedicable subdivision road from Hualalai Vistas to the Homestead Road on the southern boundary of the subject property. The intersection of the Homestead Road and the proposed interior subdivision road shall also be improved meeting with the approval of the Department of Public Works. The subdivision road shall be dedicated to the County upon request." Mr. Christopher Yuen May 28, 2004 Page 2 We note that the DPW prefers the "Hualalai Vistas" access. However, in the event the only alternative is from the "Church of God" Homestead Road, the DPW is recommending that it be improved and widened between the subject property to the Highway in a manner meeting with the approvals of the DPW and State Department of Transportation. As noted in our earlier correspondences on this issue, that would be an option. Although it may turn out to be unfeasible and fiscally imprudent, the applicant would still want to have this option. The required on-site streetlights, signs and markings will be installed in conjunction with the development of the project. Fire Department The requirements of the Fire Department relative to fire access, fire flow, and related fire protective measures will be done during the subdivision approval process. Police Department The Department's concern for traffic safety is understandable and shared by the applicant. As such, the applicant's goal — with the County's support - is to provide a connector road to the HualaW Vistas subdivision to the north, which, in turn, would provide a better access for homeowners that currently use the Homestead Road. In so doing, there would be significantly diminished use of the intersection at the Highway and Homestead Road. It is my understanding that current County policy on rezoning is to impose an impact fee relating to road and traffic. The applicant will comply this with. Department of Environmental Mans eg ment Relative to the Solid Waste Division's comments, during the course of preparing the land for this project, the applicant intends to retain as much of the material on the property. This should thus minimize disposal at approved disposal sites. State Department of Health The consulting engineer is aware of the possible need of National Pollutant Discharge Elimination System (NPDES) and UIC permits. As such, if needed, said permit(s) will be secured prior to commencement of any construction activity on the subject site. Mr. Christopher Yuen May 28, 2004 Page 3 Public Comments We note that the written public comments focused essentially on the roadway question. We believe we have responded to this issue in our earlier letter of April 29 to you. Specifically, the applicant believes that the most prudent access — and related utilities — would be through the proposed Hualalai Vistas subdivision. Such a connection would help achieve a better and safer road circulation system in this area, one that would also benefit residents who must now use the Homestead Road. In that regard, it is the applicant's hope, as recommended by the DPW, that you coordinate the location of the road for the Hualalai Vistas subdivision with the subject site; have the applicant construct a County dedicable standard road to this road; and subsequently, dedicate it to the County. I trust that the above adequately addresses the various public and agency comments on this matter. If not, please contact me. Thank you very much. Sincerer S4EY M. FUKE Planning Consultant Copy — Mr. Tom Smith, Esq. via email SENT BY: DPW ;Jj <f)N,1; 8083273533; 06/89/20A14 89:=,0 888-9� 7955 ;3idrn;'/Puke, Plannif=g Consultant 100111 ltli Paue�h161roat, Sut,a 2t PbB T(A m3hr.na! (") DWI NM ' XOce e6 wa. Cb: iLppher Yuen, Div.cwr 111AM41i Im"nant cOOM-it (If HAWAri :101 paulm, loin& lido; .EB 9672D ]Oat'.IV!•. 1'•u v JUN -9 -OA 12:07P11; S. FUKE, F-I-ANNINu June 9, 2004 PAGE 10/10 PAGE 01 Yftm* •sdxw im•lmd Us Pdmta . &m mmmtal ROPOM 301deet." .Rmatnbkg iONMZ 04-008) and SLU (SLU 644003) Applicadoea .13batnaa SuaHl.1' m 7 -"It on This is to oonfrm nay discussion with Mr. Bc oett Mmk of your staff tngerdiag ,roar led cc oir J ue 1.20M. 'Cit:1qT1km1t,'Ab)1s an attorney, is in the prowess of drafting a draft mad (tMetupe d d D'anoct and 011 submit one for your review and comment wifhln tic nm 1 VedL Hem note, hwvci er, that due to time constraints in having the al omnad curtreya 1, thr. dooument wilt no include a metes and bounds dmcciption at this limo. it �viU, rt:11 DOt only a attxe ptucod siigntuent Priear to 8mlizing the dooamtmt however. the ecdea anal bMwds daxtipicto will be iachadod I malt that this,toonately egpum our discussion and adequateiy responds to your 1alet•, :f1'n:R tdewse fast Sxer. m arataa me again Thank you very much. cctt SIDNEX����F�JKE planning Canstettatu COP)•--1'Afr. 1,6M Smith, Eq.. Viatnag m Mar 23 04 08:24a Carol Souther [8('-1325-5270 P,1 Mar 29 04 08:25a DATE: TO: FROM - RE: Carol Souther SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone (808) 969-1522 • Fax: (808) 969-7996 March 24, 2004 (8r-1325-5270 p.2 • Planning • Variance • Zen% • Subdivtston • Land Use Permits Environmental Repons Surrounding Property Owners Sidney Fuke, Planning Consultant Notice of Submittal of Application and Planning Commission Hearing - State Land Use and Rezoning Requests Applicant — Tom Smith, Tax Map Key: 7-3-019: 028 Please be informed that on or about March 17, 2004, Thomas Smith, through this office, filed applications with the Planning Department for the reclassification of a 4.09 acre parcel from Agricukural to Rural and the rezoning of said area from Family Agriculture (FA -3a) to Residential -Agriculture (RA -.5a). The subject site is located on the north side of the "Church of God" Homestead Road, approximately 600 feet makai of its intersection with the Mamalahoa Highway. If approved, the requests would enable the applicant to develop the property into 7 lots, with a minimum area of % acre. A road connecting the `Church of God" Homestead Road through the subject site would be constructed. This would allow for the eventual connection to the planned Hualalai Vistas Subdivision, which will be serviced by a new road intersecting with the Mamalahoa Highway. A copy of the proposed location, site, and planned road circulation plans are enclosed for your information. The Planning Commission will hold a public hearing on this application in the very near future. You will again be notified of the date, time, and place of this hearing once they have been established. This notice is being sent in accordance with the County Zoning Code (Section 25-2- 4) which requires notification of the submittal of this application to surrounding property owners within five hundred (500) feet of the perimeter boundary of the subject property_ The application is available for review at the County Planning Department, 101 Pauahi Street, Hilo, HI 96720 or at its Kona office in Kailua located 75-5706 Kuakini Highway, Suite 108. Should you have any questions on this matter, please feel free to contact this office at 969-1522 or the County Planning Department at 961-8288 or 327-3510. Thank you very much. Enclosures Mar 29 04 08:25a Carol Souther To: - Hawaii Coun Plannin D artm ty g ep eni FROM: -Residents ofKohanaaiki Homestead, TMK7-3-019:004,011 (Rd.) (8"]325-5270 p.3 RE: Rezone Request, Applicant - Tom Smith, TMK 7-3-019:028 From FA -3a to RA -5a Clarification; Mr. Sidney Fukes letter of March 24, 2004 refers to a "Church of God" Homestead Road. Mr. Tom Smiths communication of February 26, 2004 refers to Church of God Road. Are they making reference to Old Government Road and Kohanaiki Road as shown on the Territorial Maps? Mr. Tom Smiths letter of recommendation dated March 8, 2004 and Meeting Invitation of February 28, 2004, refer to a Kealakehe Homesteads. We assume he is referring to Kohanaiki Homesteads. Our Concerns; Mr. Fuke's letter Of March 24, 2004 refers to a road being constructed through the subject property and "eventually" connected to the "planned" Hualalai Vistas Subdivision. This road would connect with the Old Government Road and intersect with the road to the Kohanaiki Homestead Subdivision. We have been in contact with Mr. Chris Clever, one of the developers of the planned Hualalai Subdivision and he is not in favor of such a connecting road. The planned subdivision map shows no such connection to Mr. Smiths property. Mr. Smith received an e-mail from Mr. Clever saying he didn't want his subdivision connected to those "rat -trap houses". Old Government Road is an 8' wide path of broken and cracked concrete that is lined on both sides by historic rock walls. It was originally "paved" to be used in case of emergency. Due to a court action we have been forced to use it as the only Ingress, Egress for approx. 23 homes. There are waterlines running along the Old Government Road. If they are to be Mar 29 04 08:25a r-ol Souther (P '325-5270 p.4 Y breached, bridged over, buried, moved and or removed, who will be liable? If Mr. Smith obtains a water line from the "planned" HualaW Vistas Subdivision through his property to our subdivision, water meters will have to be installed for approx. 16 homes, who will be liable for that expense? If the connector road is built to County Standards on the subject property who will be responsible for the maintenance of the road and intersection of Old Government Road and the related costs? There is a tel/power pole at the intersection of the proposed road. Who will be liable for moving it? There must be a stipulation that Mr. Smith cannot construct his connector road and or sell/build on the 7 lots until there is access to those 7 lots through either HuWalai Vistas or another ingress/egress. Not Old Government Road. 0 01q y 73-1 Mar 29 04 08:30a Carol Souther (8n^1925_5270 p•1 MR. FUKE S� RE: YOUR LETTER OF MARCH 26, 2004 4SMITHS 7 LOT SUBDIVISION, SHOULD NOT BE APPROVED UNTIL; 1- HUALALAI VISTAS CONNECTOR ROAD TO MAMALAHOA HWY. HAS BEEN COMPLETED. 2- OUR WATER LINES AND WATER METERS ARE CONSIDERED. 3- COUNTY TAKES RESPONSIBILITY FOR MAINTENANCE OF OLD GOVERNMENT ROAD. IT IS MY UNDERSTANDING THAT HUALALAI VISTAS, IS NOT PLANNING ON CONNECTING WITH OLD GOVERNMENT CAROL SOUTHER May 08 04 10:23a Parol Souther [808]325-5270 p_1 �M ^iia I'2y.Lv-.♦ �i1s� Cyo ' s S-a7� Play 08 04 10: 23a 05-08-04 riro1 Souther Christopher Yuen planning Director Carol Souther, TMK 3-7-3-019-004 cane)325-5270 RE: Applicant Tom Smith, to re -zone TMK 3-7-3-019-028 Mayor Kim's statements to council members 05-05-04, were right to the point. " I think you know the major highways in Kona are at capacity at this time." and "I don't support the re -zoning of Queen K or any other areas until we address infrastructure." Please do not re -zone TMK 3-7-3-019-028, at this time. Thank you, p.2 May 21 04 CJ7:17p rlr,DI Souther (Pn8)325-5270 P-1 May 21 04 (17::17p carol Souther (808)325-5270 p,2 L x� V<3 4 N 52 l� 8 �! _ x i J - _ -Figure 3 ^C, Fe P v - -• 3 =ice I s lam. Zil oil c CO s, x� V<3 4 N 52 l� 8 �! _ x i J - _ -Figure 3 ^C, Fe P v - -• 3 x� V<3 4 N 52 l� 8 �! _ x i J - _ -Figure 3 ^C, Fe P 1la� 2: 04 07:17p Carol Souther (8081`5-5270 p.3 -21-04, YUEN SMITH -RE-ZONING REQUEST TMK 3-7-3-019-028 LETTLR OF MAY 19, FROM MR FUKE„ SOUNDS LIKE OUT AND OR BEFORE HUALALAI VISTAS", MR. PLANS TO GO THOUGH GOVERNMENT ROAD, TO AND BUILD ON HIS 7 LOT SUBDIVISION. ROAD IS CRUMBLING NOW,, WILL MR. SMITH VE IT WHEN HE IS DONE?/ HAVE NOT MY NEIGHBORS BEEN SENT THESE TIONST 3-7-3-019-011, OUR FRONTAL ROAD, IS ILESS THAN 20 FEET FROM HIS PROPOSED AND IS OWNED BY ALL 18 OF US. ROAD IS THE ONLY EGRESS AND INGRESS FOR ALL 18 PROPERTIES, AND THE MANY BELOW US. ALL May 21 04 07.18p -ol Souther (` -4)325-5270 p,4 A09YSidneyFuke, Planning Consultant IW Pauahi Seeet, Suite 212 • Hilo, Hawaii 96720 Taisphone: (806) 969-7522 •Fax: (608) 969-7998 ' StOOM iqt • Lana Use Psm (M • Emmonmml R#PMS DATE: May 19, 2004 TO: Surrounding Property Owners FROM: Sidney Fuke, Planning Consults t RE: Notice of Planning Commission Hearing State Laud Use BoundaryAmendment (Agricultwal to Rural) and County Rezoning Request (A -3a to RA -,5a) _.-a;a?+licant - Tom Smith, TMK: 3/7-3-19: o28 Please be informed that on or about Mareh 17, 2004, Thomas Smith, through this office filed applications with the Pli1mving Department for the reclassification of a 4.09 -parcel from the State Land Use Agricultural to Rural district and rezone same from the Agricultural (A-34) to Residential-Agticultural (RA -.5a) district The subjmt property is located on the notch side of the "Church of God" Homestead Road, appmximrtely 600 feet makai of its intersection with the Maomalahm Highway. If apptvved, the requests would enable the applicant to develop the property into 71ots, with a minimum area of %2 fw-te. A toad connecting the "Church of God" the suh' sides would be cor>s!>utd This would allow for the eventual connection to the 'planned Huslalai Vistas Subdivision, which will be serviced by a new road intersecting with the Mamrdsdton Highway. A copy of the proposed location, site, and planned road citculaflon plans are taclosed for your information. The Planning Commission will hoid a public hearing on this application, among others, beginning at 9:00 am. on Friday, Irma 19, 2004, in the King Kamehameha's Kona Bc*h Hotel, iKamAahonu Ballroom; 75-5660 Palen Road, Ka1im-Kona, Hawaii. This notice is being sent in accordance with the County Zoning Code which requires notificaticvu of the submittal of this application to surrounding property owiress within five hundred (S a0) feet of the perimeter boundary of the subject property. The applicfdion is available for review at the County planning Department, 101 Pauahi Street, Hilo, M 96720 or at its Kona office in Kailua located 75-5706 Kuakini Highway, Suite 10&. Should youhave any questions on this matter, please foci five to contact this office at 969- 1522 or the County Planning Department at 961.8299 or 327-3510. Thdnk you very much. EnclosuTm May 21 Oa 07;18p ' -al Souther (P -q)325-5270 p.5 OF US WOULD BE GREATLY AFFECTED BY MR, SMITHS PLANS. AS MAYOR KIM HAS STATED "I DON'T SUPPORT THE RI -ZONING O1F QUEEN `K', OR ANY OTHER AREAS, UNWE ADDRESS INFRASTRUCTURE." TIL . AS MY PREVIOUS LETTERS HAVE STATED, WE ARE STRONGLY AGAINST MR SMITHS PLANS OF RE -ZONING AND SUBDIVIDING AT THIS TIME. MR. YUEN , I AM HOPING YOU WILL RESPOND TO ME , AS THIS IS MY 5"' LETTER FAXED TO YOU. THANK YOU, CAROL SOUTHER 73-4526 MAMALAIJOA HWY KAII,UA-KONA HI. 96740 808-325-5270 Jun 01 04 08�58a �_t C- -o1 Souther f^08)325-5270 (61 moi/ 1, 1 P rq FI _,NT P. 1 Jun 01 04 08.58a June 1, 2004 ",rol Souther to: Mr. Yuen planning director from: Carol Souther re: TMK 3-7-3-019-028 (fl^8)325-5270 As I understand it now, HuaWai Vistas, (Chris Clever) now has to change his plans to make his crossroad connect to Mr. Smiths "proposed re -zoned subdivisions" crossroad. Does that mean that you have already decided to re -zone? This would bring up more question on my mind. Wllat about notifying the 18 plus property owners, first?? And what is the reason for a "public hearing" , public in -put on something you have already decided on? I would like to know also, what is RA -.5a. ?.5a seems to be too small for any agricultural? The repeated question„ who will re -pave "Kohanaiki Homestead Road", my legal access road (May 12,1999, Richard Wurdeman and Gerald Takase)? Carol Souther p.2 Jun 02 04 07::2Sa Carol Souther r (808]325-5270 P,1 Jun 02 04 07e29a "-rol Souther JUNE 2 2004 MR. YUEN, (88)325-5270 p.2 MY SUGGESTION IS A CONDITION FOR MR. SMITHS RE -ZONING APPLICATION: BE THAT, A CONNECTOR ROAD TO THE HIGHWAY, BE IN PLACE BEFORE AND IN USE, BEFORE MR. SMITH CAN RE -ZONE. HE CAN RE- APPLY LATER, THANK YOU, CAROLSOUTHER Jun 04 04 07a31a Carol Souther (808)325-5270 P.1 Jun 04 04 Cl-,': 31a rarol. Souther (An8)325-5270 P.2 COI7t�1 fy PLANNING (DEPT. AND COMMISION IN THE LARLY 1960'S , IHE COUNTY PLANNING DEPT APPROVED OUR SUBDIVI SIO1V, KOHA IIAIKI HOMESTEADS. IT WAS APPROVED WITH 2 ROADS ': 0 THE HWY. 2 INGRESS AND EGRESS. THE 2 ROADS WERE MAINTAINED BY USJHE PROPERTY OWNERS OF KOHANAIKI HOMESIEAD SUBDIVISION. IN THE jFARLY 1990'S, THE COUNTY JUDICIAL SYSTEM DECIDED THAT THE KOHANAIKI HOMkTEAD ROAD (AKA ,OLD GOV'T ROAD, CHURCH OF GOD ROAD) WAS TO BE OUR ONLY EGRESS AND INGRESS. YEAM Or WEAR AND TEAR, WE WENT BACK TO THE COUNTY PLANIlVG DEPT. AND COUNTY DEPUTY CHIEF ENGINEER JIRO SUMADA FOR SOME MUCH NEEDED MAINTENANCE. SO IN 1999 OUR COUNTY CORPORfiTION COUNCIL, MR. WURDEMAN AND MR. TAKASE, WROTE US TTIAT THEY RECOQ!flZE KOHANAW HOMESTEAD ROAD ASA SOI ItV �_RO.AD AS A LI GAL ACCESS THE, COUNTY ROAD DEPT . , DID A FEW HOURS OF WORK ON THE TOP OF THE R DAD. NOW 2004, 5 YEARS LATER AND WE ARE BACK AT THE MERG`-' OF THE COUNTY PLANNING DEPT. WE, KOH_ANAIKI HOMESTEAD SUBDIVISON, SAY NO MORE RE -ZONING OR SUBDIVIDING UNTIL THERE IS A SAFE AND MAINTAINED EGRESS AND INGI'.ESS TO MAMALAHOA-HWY. ALL COUNTY DEPARTMENTS, SHOULD GET TOGETHER AND DO THE RIGHT THING. INFR_ASTRUCTURF, FIRST, NOT AS MR. SMITH SAYS "EYhICU.64lX A ROAD". WE ALL KNOW MR. SU TH DOES NOT PLAN ON LIVING HERE. THkNK 'YOU U ,'� - 014' To: Hawaii County Planning Department From: Resident of Kohanaiki Homestead Re: Rezone Request, Applicant = Tom Smith, TMK 7-3-019:028, From FA -3a to RA;5a Attention: Chris Yuen and/or Bennett Mark I do not support Tom Smith's request for rezoning. This is a prime example of how residents like us in Kohanaiki Homesteads who have invested in our communities for years, some for decades, and someone like Tom Smith who invested in a property that had a value relative to its present zoning when purchased with an agenda to profit on the sacrifice imposed on others around him. If the county approves this, they will continue to be ignoring their responsibility to the majority, as is the case here, since they haven't made any improvements on the county road, Old Goverament/Homestead Road, aka "Church of God" Homestead Road for decades, and its unsafe intersection with Mamalahoa Hwy/Hawaii Belt Road that has killed an innocent woman in resent years. The sacrifice I spoke of in the first paragraph is best said with pictures. The road is 8 feet wide, approx. 400 feet long to our street (first left) and requires whenever vehicles come face to face one needs to back down. The enclosed pictures represent what the approx. 23 homeowners with nearly 50 vehicles have to deal with everyday. The very much needed/necessary improvements to access our existing properties via Old Government/Homestead Road aka, "Church of God" Homestead Road (the only ingress and esress) cannot endure what the development of 7 lots would impose on it. Someone needs to take care of what needs to be done first before adding to an already ridicules situation. Stop the insanity. Please do not change the rezoning until the intersection issue and road improvements have been done first. Only than might I support future rezoning to a 1 acre minimum. Mahalo, r ` Gary Theriault PO Box 5519 Kailua Kona, HI 96745-5519 325-1050 TMK: 7-3-019-010 Left. Top 111 road rE ff x� near the Hlg'i1Way. j� VA V41 0 Above L&C: Looking mauka, new road patches, more break down of the road with patches. Above R: Looking Makai Right: Our street intersection on right looking mauka. Left: I'm looking north standing at the end of our street where the purposed street will go. Right: Road after turning mauka off our street. T'�' �rY_ _ � eta _ =: W -Z.- ; �r g; Q Left. Top 111 road rE ff x� near the Hlg'i1Way. j� VA V41 0 Above L&C: Looking mauka, new road patches, more break down of the road with patches. Above R: Looking Makai Right: Our street intersection on right looking mauka. Left: I'm looking north standing at the end of our street where the purposed street will go. Right: Road after turning mauka off our street. � Above & 3 � Left: These pictures 1-L?t C Y -3i�f represent a turnout that �fi Ems' �'�`,; '"'.� cannot be r used safely _ 0, x ; with a car Y ; forcing us r F s =y to reverse Y } back down ` ` x k to our street. Bottom: More patches. +� T - x ya 4 3 z Y ; _ b { e ' 's ?Vi- kr J 8 m t'H 3r d'�Y �!i Y'�" ''2.+a>3„- <�• #x Eif+ i T qqq, g5 mrr-8�`3 E+t,4 rc r 45 sy gid' a = t . ► _ �� �-�` ` s r is r �� � i � � 1- a ,� x_ �� � ��, � ¢ �, ;�Ex . -A. £ } � o AM MA fS: zz, s ' zy All the above pictures represent ruts all along the edge of the 8' road. Large trucks break it down fast. These pictures represent more nits i and t obstacles that are confronted each and every day when two vehicles come face to face, one going mauka and the other going makai. The vehicle going mauka is obligated to reverse makai back to our street if the car going makai is beyond the point that these pictures represent. All these pictures are near to the top of "Church of God" Homestead Road. More patches recently done. Some of us do the patching. V Above right: See the danger when entering the highway. Also see the markings for four more water meters soon to be installed. I don't know who they are for, but they represent- ! -4 more traffic. All other pictures represent our intersection getting onto the highway or exiting the highway. Here are more intersection pictures and road pictures with pukas and vulnerable areas next to the highway where our water pipes are often broken. This happens when two vehicles meet, one waiting to merge onto the highway and another exiting off the highway. The one exiting the highway is forced to go wide where our water pipes lay. The highway speed limit is 45 MPH, but 55+ MPH is what most vehicles are doing. 5-20-04 To: Planning Commission- Mr. Christopher Yuen m 1 From: Dennis and Kathy Rement i I SUBJECT: Rezoning application from Tom Smith (letter from Sydi%yFukes) Tax Key''.,;; Map 7-3-019:28 Dear Mr. Yuen , Thank you for taking the time to read our letter. We are homeowners to the makai of the property owned by Tom Smith referred to in his application for rezoning. We are very much against the rezoning proposed by Mr. Smith. Our neighborhood is NOT bare land. It is full of people living on farms. There is one street in the vicinity that has homes on small parcels of land. Those homes and the rest of us use the Old Government Road (aka Church of God Road) to access our homes. The homes on the one street with small plots use to have access out to the Mamalahoa Highway via another road that is listed on most maps but has been closed off in the last few years. All of us use Old Government Road now. There are approximately twenty-five homes that use this road. It is a narrow, one lane, bumpy road that ends after two tenths of a mile down the hill. When the residents go up and down the road they have to back down the road to let others pass when there are two cars on the road. At the top of the road where it intersects with Mamalohoa Highway there is a dangerous area with limited vision where we make turns onto the roadway into traffic. This road is not a good road but it is not unlike a lot of roads in this area. The residents know it and use it with care. Mr. Smith's plan does not properly take into account the nature of the neighborhood where he will build. He says in his application that he will connect up with the big development, Hualalai Vistas, next door. Does Hualalai Vistas have an access road? HuaWai Vistas is a large project with forty-seven homes. Is he going to give them access to use our tiny little one lane road through his property? The map he presents looks like that is what he has in mind but the accesses don't seem to line up and they don't make sense anyway. Why isn't the access through Hualalai Vistas and why isn't Hualalai Vistas going through the large subdivision to the north of them with the big roads and the large gate opening onto Mamalahoa Highway? That road is already there and the access is onto the Mamalahoa Road where drivers have clearer vision for entering the roadway. Rezoning has been allowed before without a clear plan for the access roads as in the case of Hualalai Vistas. Mr. Smith proposes even more houses per acre in his application and the road issue is no clearer. Is he going to use Church of God Road for heavy equipment to develop his proposed half -acre homesites? Is he going to really connect up with Hualalai Vistas? Is Hualalai Vistas going to use Church of God one lane road for their bulldozers and bring them down the road where we are trying to get out of our existing farms and then leave it cracked and with potholes ? Mr. Smith's map does not show a connection with his proposed crossroad. If he is going to connect up why don't the proposed roads match up on the map? Furthermore his map shows his crossroad connecting up with a road that looks like it connects up to another crossroad access out onto the Mamalahoa on most maps. This other cross road goes to a dead end at the end of the only street with houses on small lots. As I said before, there once was an access for those folks out that way but it was closed off and is not usable to anyone anymore. Without these " road connectivity" issues cleared up it looks like Mr. Smith wants to build houses on half acre lots and use the Church of God Road as access. Let Mr. Smith build on his land the way it is zoned now. To let it be rezoned and let many more houses be built there is going to disrupt the neighborhood and create immense traffic problems and unsafe road conditions. This area is already an established neighborhood. Most of the lots are developed according to the rural zoning. There are farms already there, there are homes already there. The go ahead has already been given to Hualalai Vistas to build many homes on one acre lots by the rezoning last summer of that land. The questions of access for them have yet to be determined. Please don't rezone property in the area to even smaller lots. These questions of roads and other infrastructure need to be addressed before all this previously zoned historical ag land is destroyed and whittled down. What about the folks who already live there? We are not antidevelopment. We are for responsible development. Let these folks develop within the existing zoning. They can struggle to use Old Government Road or help the neighborhood lobby to improve it with fewer homes on Mr. Smith's land the way it is zoned now. Mr. Smith's survey should be checked also. The stakes on one corner of his property have marks on them indicating the "comer of lot #28". We own lot #28 and are two parcels removed from this stake. So we don't understand that either. Please come and have a look at our neighborhood, the old Gov. Road in question, and the homes and farms in this area. We are confident that once you have seen the situation first hand, you will agree that the developer's proposed rezoning and streets plan is severely flawed. It is apparent that the application is in fact residential urbanization without any of the planned or existing infrastructure to support it. We are unable to attend the meeting on the above matter just scheduled for June 18, 2004. Please read our letter at the meeting as we would like our concerns voiced publicly and our questions addressed. We would appreciate a reply by mail to our letter from someone in the planning department. Thank you. v Dennis and I&hy Bement 73-1181 Mamalahoa Highway Mailing address P.M.B #220 75-1027 Henry St. Kailua- Kona, HI 96740 Cc: Mayor Harry Kim 06/04/2004 FRI 00 52 FAX 808 882 1;461 UPLANDS AT MAUNA KEA _ _001 "il 'I C;'I )n rJ Patri A. Yamashita 76295 Aloha Kona Drive Kailu"ona, Hawau` 96740 ' payamashitaahawaii.rr.com 808331.0460 'Intal pai4 ;, in+duding cover. 2 ;two) Attactaed please ting a respora.� to notice sent to me regarding Thomas Smith's application for reaonl,ig. RE20HING REQUEST (A -3a to MV.5a) EX02101T b 06/04/2004 F12I oil 53 FAX 808 882 4461 UPLANDS AT MALiNA KEA Qi r Pal xi'Ya:mashita 75-295 Aloha Kona Drive "wlua-Kona, Hawaii 96740 payamashita(a,)haw ktr.com June 4, 2001 Chris Yuen. County of Flawad Planning D°partment 101 PauaJ'.i Street Hilo, Y_assii 96720 Dear Mr. iihen, I'm writing in response to the notice I have received of a Planning Commission Hearing scheduled for.) ane 13, 2004, regarding the 11omas Smith Rezoning Request (A -3a to RA -.5a) This nrticc was sent to me bl cover from Planning Consultant, Sidney Puke. I called Mr. Puke this morning ao l spoke with him about my opinion of the prospective development plans Mr. Smith has submitted f cr approval. It wa: his suggestion that I write to you with my outlook on this project as a landowner . n Kohanaiki Homesteads. I believe riL,= Smith's plans will enhance the area and be an asset to us. As homeowners on the Kobnaiki 14omcstead Road, presently our sole access is by the Old Government Road that is nothing more than a make shift one lane cement pad. As I understand the plans Mr. Smith has, he will be developing a 50' wide street running approximately north and south across the 4.09 -acre Parcel that will annex to the Ctld Government Rd- that intersects to our existing 30' wide Kohanaiki Homestead; Roam. I do have -. cucstion about the Old Government Road Will Mr. Smith be using this road to begin, his site development? If so, when he brings in heavy equipment, the possibilities of damaging the Frail one lane cement road arc imminent. Will this road be repaired? Who will cover the cost of -epa r? Whet, will this repair talm place? I would like to conclude that 1 do not see the possibilities of damage to this old road criterion for deciding against Dor. Smith's plan but rather an opportunity to end up with something better than is exist2l't at this tu7re. It is a perfect time to discuss and include an improvement to a deteriorating roadway. I' look fc rwa rd to meeting ;you and Sidney at the public hearing scheduled for June 18, 2004. If this meeting is cuueled or resLiedule for any reason, please notify me so that I can rearrange my schedul -. Thank you ii advance for com;idering the rezoning of this project. Regards, Patri YaMl-eI r.t2L 4 A SENT SY: DPW "J3 0M,i; 8083273533; JUN -9-(^ 12:06PM; PAGE 6 Harty Kinl Mayor June 1, 2:04 Gregory R. Mooers, President Mooers lrrrternriscs, LLC P.O. Box 11.01 Kamut:la, HVitaii 96743 Dear Mr, Mcoers: County of Hawaii PLANNING DEPARTMENT HY Na hi Street. Suite 3 • Hilo. Hawaii 96720.3043 (868)961-8288 • Fax (808)961-8742 Christopher J. Yuen Dtractor Roy R. Takemoto DePuty Director PRI;LIMINARIt' PLAT MAP AND DEFERAL OF ACTION SUBDIVIDERS; HUALALAI VISTAS LLC Proposed Subdivi.3ion of Parcels 27 & 50 Being Portions of Grant 2030 Into Lots I to 46, Cnclusi ve; and Designation of Roadway Lots 47 to 49, Inclusive At Kohanaiki, North Kona, Island of Hawaii, Hawaii & 050 (SUR 2004-0038) This is a folio r, up to the April 12, 2004 letter to Gary'fakahashi of R.M. Towill Corporation, indicaG rig thaA action on the subdivision application was being deferred. You have indicated that you are now a :ting as agent for Nit, Chris Clever for the subject subdivision application. Please be info:nnad tl.at this Department is continuing to defer action on the preliminary plat map, dated Februa-;r 18, i 004, until rev Siorc are made to satisfy both: (a) The requirements of Chapter 23, Subdivision Cade,, County of Hw;vaii; arrd (b) Condition G of the Change of Zone Ordinance No. 03-144 (REZ 11326). Mr. Tacn !�nri.il., the owner cf the property identified by TMK 7-3-019:028, has submitted applic.atior s R r State Land Use Boundary Amendment and County Rezoning. Mr. Smith's application shows a plan for a rmdway that would continue southward from your client's property tlrrou2h Mr. Smith's property to Old Homestead Road. The proposed roadway depicted on Mr. Smith' i parcel is based on what, your client submitted to this Department in his rezoning applica'cior. 'Your client's rezoni:ag application showed a road to the south that would stub out at lhu nuri i cad tt:-DQr Srnith's property, This Department was agreeable to that roadway corLguration r -hen it was prescnied to the Planning Commission and to the County Council, in your client';i rezoning appltcatioc_ EXHIBIT A iw Pii'wnty'Li nn equal Opportwttp Provider and£mplaver SENT 8Y: DFV :=JG Uh; 8083273533; JUN -9-(^ 12:06PM; PAGE 7/10 Gregory *P. Wooers June 1, 2'04 pzge i Mr. Smith, lh -ough his consulturt Mr. Sidney Fuke, has agreed to transfer a50 -foot -wide soathbouw-d roadway easem:nt through his property, to the County of Hawaii. The roadway easement :hrocglr Mr. Smith's property would connect to Mr. Clever's property to north, and to Old Homestci�d Road to the south. This Departr i mt is requiring this your client provide the roadway to the south that will stub out at the nom er d of Mr. Smith's parcel, however this requirement is contingent upon the transfer of the roaclwa y easement frcm .Mr. Smith to the County of Hawaii. The Dupartment, by this letter, has determined that the requirement for the continuation of this southbound rc adway through bG:, Smith's property to Old Homestead Road is in the public intcres:, puts aant to Chapter 23, of the Subdivision Code. This Department recognizes the existin„ diffic.ilt geometry cf Old Homestead Road and its intersection with Mamalahoa Hivhway. Thi. continuance of th, roadway to the south at this location will: (a) provide safer vehicu! ar access .Cor the lots located to the south of Mr. Smith's property; (b) reduce the use of the Olcl .Horn a stead Road and its intersection with Mamalahoa Highway; (c) promote roadway cotmectivi:y betvve:een subdivisio, s; (d) provide alternate routes for emergency vehicles; and (e) provide snore opportunities .for practical and reliable utility infrastructure connections. In order to continue with the subdivision process, you may proceed with either of the following altomadvc 3: Subrni tat. ofa revised pn:liminary plat map to show two roadway connections to the south. One; roadway connection would be the extension of Roadway Lot 48, continuing to the nontl°i edge of Mr. Smith's property. The second roadway connection would be Rcvicha ay Lot 49, which connects directly to Old Homeatmol Road, as it is now shown on fhe pre l.Aduary plat reap, dated February 18, 2004. With this alternative, processing on your si belivision applicruion will be able to proceed. 2. Suhmi tal. of a revised p reliminary plat map showing one roadway connection to the south, arhich would be the extension of Roadway Lot 48, continuing to the north edge of 3&-, S,ruith's property. if you proceed with this alternative, action by this Department on your subdivision application will be deferred until the roadway casement within Mr. Smith's property is transl`,1=cd to the County. The responsib litics for the costs for building the roadway within the County roadway easement within Mr. Sir ith's property„ will be carried out this way: SENT BY: DPW cVG <ONA; Grcgo:.ry R. lvf000Ts June 1, 2004 Page 3 8083273533; JUN -9-r• 12:07PM; PAGE 8/10 If the Hualalai Vistas Scbdivisicn is the first to proceed with roadway construction, Mr. C'ever shall be required to pay for and construct the roadway within the County ellsenimt veithin Mr. Smith's property and its intersection with Old Homestead Road. Tie costs for roadway construction through the County easement within Mr. Smith's property and constriction of the intersection with Old Homestead Road will be credited towar. L'. ?k4r. Clever's recplired fair share contribution to the County "to support road and traffic improve�mem.s," as required by the rezoning ordinance. 2. If Mr. Smithis successful in his applications for rezoning, State Land Use boundary a is Ornctlt, and subsequently with subdivision, he will able to proceed with roadway cons auction as part of subdivision. The Department will recommend to the County Couru:i.l that conditions to the rezoning require that if Mr. Smith is first to proceed with road,4 ay construction, 'Sir. Smith shall be required to pay for and construct the roadway in the County easement within Mr. Smith's property and the road's intersection with Old Horne stead Road. Mr. Smith will also be required to pay a fair share contribution to the Courtly "to support ;,oa9 and traffic improvements," which will include the costs of the roadway and intersection improvements already built. The Dopa -t:m4rnt recognizes that the pertinent part of Condition G of the rezoning ordinance, routs, "Ti. a subclivision roads shall have at least one connection to the north to the adjoining properties and at least one connection to the south that will connect to Old Homestead Road." Either of the adtematives described above will satisfy the requirements of both Chapter 23, and Condilion G (,:.`the rezonint; ordinance. For the, pr.limintuy, plat mah, please advise which alternative you will be pursuing. You are encowaged tc rontinue your discussions with this Department to provide southerly connections that w LI best acme, not only the future residents of your subdivision, but the residents in the SLrTnullding sr -,as as well. If there ar•e aly questions, call .Piimnett Mark at 32'7-3510 in our Kona office or Daryn Arai at 961-8288 irl 0Lr Hilo office. Sincen;ly, CHRISTCPH3R. J Planninf; Dire:tor 13M:pak/I rut WPwaMiDei neM/L--Mooexs-PYM-6-1 -04 SENT BY: DF'W !EV3 (ONA; 8083273533; JUN -9-04 12:07PM; PAGE 9/10 Gr"ory 1Z. I��loocrs June 1, 200z - Pap 4 xc: Chrislophia-M. Clever, 1-lualalai Vistas, LLC Gary AI. Takahashi, R.M.'Towill Sidnc,t F'u:ke , Planning Consu,tant Mi lna;,et, :DWS Dircc:lor, D.PW Distrio:13nvironmertal Health Program Chief, DOH Distri ,: Frioneer, DOT DF'Iiv -ENG-KONA Di,rcocr, DIEM Planxii rig Dept. —Kona Officc Hang Fim Mayor June 1, 2004 Mr. Sidney M. Fuke Planning Consultant 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 Dear Mr. Fuke: County of Hawaii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Subject: Rezoning (RE7 04-008) and SLU (SLU 04-005) Applications Thomas Smith, TMK: 7-3-019: 028 Christopher J. Yuen D;reclor Roy R. Takemoto Deputy Director This is in response to your letter of April 14, 2004. You indicated that your client, Mr. Tom Smith, the owner of the parcel identified by TMK: 7-3-019: 028, was prepared to set aside a road easement on the subject site in favor of the County of Hawaii immediately upon request by the County of Hawaii. This letter constitutes the request by the County of Hawaii for that road easement. The County of Hawaii, in the interest of promoting roadway connectivity to the Hualalai Vistas subdivision to the north, and providing access for the existing house lots along Old Homestead Road (Church of God Road) to the south, is prepared to accept a 50 -foot -wide roadway easement through the Tom Smith subdivision, with the following stipulations: The 50 -foot -wide roadway easement through the subject property shall be granted in favor of the County at no cost to the County. The conveyance of the roadway easement to the County shall not obligate the County in any way toward a favorable recommendation or decision, now or in the future, for any requests for rezoning, State Land Use District boundary amendments, or any other land use approvals for the subject property. If the subject Rezoning and State Land District boundary amendment applications are approved, Mr. Smith shall immediately proceed with the subdivision of property to create the roadway easement parcel, and shall convey that roadway parcel to the County. Please prepare a draft ofthe road easement document and submit it to our department for review, revision, and approval. Upon the approval by our Department and the Department of 2/nuau i C wwly ,, an Equai opparau¢ly Paned... mu[ Employer Mr. Sidncy NL Fake Planning Consultant Page 2 May 17, 2004 Corporation Counsel, the roadway easement document is to be executed and filed with the State of Hawaii Bureau of Conveyances. If Mr. Smith is successful with the rezoning and the State Land Use District boundary amendment requests, there will be conditions to approval. The Department will recommend to the County Council that conditions to the rezoning require that if Mr. Smith is first to proceed with roadway construction, Mr. Smith shall be required to pay for and construct the roadway in the County easement within Mr. Smith's property and the road's intersection with Old Homestead Road. Mr. Smith will also be required to pay a fair share contribution to the County "to support road and traffic improvements," which will include the costs of the roadway and intersection improvements already built. Thank you for your client's willingness to work with the County in providing a roadway easement through the subject property. If there are any questions, call Bennett Mark at our West Hawaii Office at 327-3510 or Daryn Arai in our Hilo Office at 961-8288. Sincerely, i CHRISTOPHER J'N Planning Director BM:CJY:pak Wpwm60/13enned/L-Fuke-road easement 6-1-04 9:45am.doc Copies: TMK file: 7-3-019: 028 TMK file: 7-3-007: 027 and 050 REZ 04-008 SLU 04-005 West Hawaii Office DPW- Engineering (Hilo and Kona) Corporation Counsel - Bobby Jean Leithead-Todd