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HomeMy WebLinkAboutCOM 0617.000 2004-2006 `odMiv or Maki S' !i~y~.. ylelti~ G~ixde N<aetsna A9ayor M1~anag~ng Uirecior Peter L. Hendricks ?~>i p~'Hi`M~ Deputy D4nnuging Omeetor COUNTY OF HAWAI[ 25 Aupnm Street, Raom 215 I Iilu Hawaii 96720-4252 (808) 961-821 I Fax (808) 961-6557 KONA 75-s70~~ Kuakim H~ghwag Suite 103 • Kafluu-kona, 1lnwai'i 96740 ;808)32'1-5226 • Fax (ROR)32/i-56G} December 14, 2005 Honorable Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Strcct Hilo, HI 96720 Dear Chairman Higa and Members: Change of Zone Application (RE7.05-017) Applicant: The Newton Family Limited Partnership Request: Unzoncd to A-803 Tax Map Key: 2-4-8:por. 33 ?Change of 7,one Application (REZ OS-O] 8) Applicant Kulana Kea, LLC Request: A-203 and RS-15 to FA-5a Tax Map Key: 2-6-32:4 and 5 Change of Gone Application (RCZ. OS-0L9) Applicant: Matsuno Entetpriscs, Ltd. Request: A-la to CN-20 Tax Map Key: 2-3_3(i; o~rlion.l8 As required by Chapter 4, Sec. 6-43(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, IF Hairy Kim Mayor C « Z~ ~ Comm. No. Enclosures cc: Planning Department Ref. To: Ref. Uate.~C I lua ail ('noon i. an I yval Uppotlumty Pi rn~ Wcr and I mploy er r~V or x~i t~'~,: . ,•«.M'+ County of Hawaii PLANNING COMMISSION Aupwu ('enter • 101 Pauahi Stree[, Sufte 3 • Hilo, H2wal'1 96720 Phone (SOR)961-8288 • T:az (808)9fi 1-8742 December 14, 2005 Stacy Higa, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Higa and Council Members: Change of Zone Application (REZ OS-018) Applicant: Kulana Kea, LLC Request: A-20a and RS-l5 to FA-Sa Tax Map Key: 2-6-32:4 and 5 The Planning Commission, after a duly held public hearing on December 2, 2005, voted to recommend for your approval the proposed legislative bill to change the district classification from an Agricultural 20-acre (A-20a) district and a Single Family Residential 15,000 square foot (RS-15) district to a Family Agricultural 5-acre (FA-Sa) district for approximately 26.122 acres of land. The property is located involved are located along the north side of Kulana Kea Road, approximately 850 feet west of the Kulana Kea Road-Wainaku Street intersection, Wainaku Farms Subdivision, Wainaku_ South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) and Single-Family Residential-15,000 square feet (RS-15) to Family Agricultural 5-acre (FA-Sa) for two parcels consisting of approximately 26.122 acres of land. The applicant intends to subdivide the 26.122-acre area into five lots, consisting of 5+ acres each. The applicant intends to retain two lots for their personal use and sell the remaining three lots to persons interested in truck and/or backyard farming. Hawaii ~~ounN is an Equal Opportunity Prorider and Employer Stacy Higa, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and sta~tdards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The Change of Zone request from Agricultural (A-20a) and Single-Family Residential (RS-l5) to Family Agricultural (FA-Sa) will conform to the goals, policies and standards of the General Plan Land Use element. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. [t is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. 'Che proposed request conforms to the goals, policies and standards of the Land Use Element of the General Plan: Land Use • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. The Land Use Pattern Allocation Guide (LUYAG) 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 Stacy Higa, Chairman and Members of the County Council Page 3 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 as Low Density Urban, which allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The request conforms to the General Plan designation for this area in that it creates several new lots that will allow additional residences for the area, while maintaining smaller-scale agricultural uses for the new zoning. The major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this wil I reduce the potential use of the land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage, usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large-lot residential homesites or for speculation. The desire for these "gentleman's estates" tends to drive up the price of agricultural land making it less affordable for commercial farmers. There will be considerable interest by landowners to rezone to reduce the minimum lot sizes because the biggest value is the ability to build a home. The per-acre price is therefore higher if the properties can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the land into uneconomical units, and the increasing per-acre price. A few factors tip the balance for this favorable recommendation: The applicant intends to retain two lots for their personal use and sell the remaining three lots to persons interested in truck and; or backyard farming. Five acres is the minimum at which a range of crops can be grown on a commercial scale, and is sub-optimal for many crops. The project site can be supplied with water and road access without tremendous infrastructure costs that would have to he born by the ultimate purchaser. It is a small rezoning that does not greatly change the overall land use pattern of the area and given the soil characteristics of the property, the potential for more intensive agricultural uses does cx i st. The properties were previously utilized for the production of sugar cane, but is currently used for farming of corn. Soils within the project site are identified as Hilo silty clay loam, 0-10 percent slopes (HoC). The permeability is rapid, runoff is slow, and the erosion hazard is slight. The soil is used mostly for sugarcane. Small areas are in track crops, orchards, and pasture. The Land Study Bureau's Detailed Land Classification System identifies soils on the properties as "C" or "Fair" for agricultural productivity. The properties are designated as Prime Agricultural band under the ALISH System. Stacy Higa, Chairman and Members of the County Council Page 4 All utilities and services are available to the project site. Access to the project site is from Kulana Kea Road, which is a private road with a 60-foot wide right-of--way with a 20-foot pavement from Wainaku Street to the Kulana Kea Street - Kauhiula Road intersection. Water can be made available to the subject properties. The applicant will be required to extend the existing 8-inch water main along Kulana Kea Drive approximately 2,900 feet from the water tank on TMK: Z-6-32:25 to the intersection of Kaiwiki Road and Kulana Kea Drive and to install service laterals that will accommodate an appropriately sized meter to each lot in the development, as required by the Department of Water Supply. A condition of approval will be added requiring the applicant to comply with the constriction improvements and installation requirements, as required by the Department of Water Supply. Wastewater will be disposed of by a cesspool system or septic tank, meeting with the requirements of the Department of Health. All other essential utilities or services are or will be made available to the developrent. There is no severe geological or topographical problems for the project site that cannot be properly rectified or which would render the land unusable. According to the Flood ]nsurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami inundation area. Previously, a 14.69-acre area, which includes a small portion of the subject project site (1372 acres) and almost the entire property located directly south across Kulana Kea Street, was reclassified into [he State Land Use Urban District and rezoned to the Single- Family Residential (RS-15) zoned district on December 5, 1996. Mauna Kea Agribusiness, the former property owner, had planned to subdivide the property into 25 houselots ranging in size between 15,000 - 20,000 square feet to provide home ownership opportunities to C. Brewer's employees. Subdivision No. 7472 was approved on August 5, 2002 for the consolidation and resubdivision of six lots into four lots (Lots 1-A through l-D) and an existing roadway lot. However, after the subdivision was approved, it was discovered that Lot 1-D, did not correspond in size and configuration to the 14.69-acre area that was reclassified and rezoned. Thus, the subject properties have a split-zoning and State Land Use designation. The proposed request would remove the split-zoning from the properties. Stacy Higa, Chairman and Members of the County Council Page 5 Should this request be approved, the applicant and/or new owners could apply for a second farm dwelling on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The approximately five-acre lot sizes will provide opportunities for future landowners who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by larger parcels. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The properties are not located in the Special Management Area. The site is located approximately 1000 feet from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the properties. As the site has been previously cleared and used for sugar cane and corn, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawaii State Supreme Court's "PASH" and "Ka Ya'akai O Ka 'Aria "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural historical and natural resources found in the rezoning area: As the site has been cleared and used for sugar cane and corn, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence that the flora in the area are particularly desired or used for cultural practices. Stacy Higa, Chairman and Members of the County Council Page 6 • Feasible actions to protect native Hawaiian rights: As stated by the applicant, 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 findings, approval of the Change of Zone request from Agricultural (A-20a) and Single-Family Residential (RS-15) to Family Agricultural (FA-Sa) would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-34(Papaikou-Onomea Zone Map), of the County Zoning Code is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Fred Galdones, Chairman Planning Commission Lkulnnakca02PC Enclosures ec: Mr. Sidney Fuke Kulaua Kea, LLC Department of Public Works Department of Water Supply Department of Land R Natural Resources-HPD/Kona Rodney Haraga, Director/DOT-Highways, Honolulu BKulanaKeaREZ.jwd-1 I /04/05 COUNTI' OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KULANA KEA, LLC CHANGE OF ZONE APPLICATION (REZ OS-0181 KULANA KEA, LL('. has submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) and Single-Family Residential-15,000 square feet (RS-15) to Family Agricultural 5-acre (FA-Sa) for two parcels consisting of approximately 26.122 acre. The properties are located on Ore north side of Kulana Kea Road, approximately 850 feet west of the Kulana Kea Road - Wainaku Street intersection, Wainaku, South Hilo, Hawaii, TMK: 2-6- 32: 4 & 5. APPLICANT'S REQUEST 1. Proposed Development: The applicant is requesting to rezone two parcels consisting of 26.122 acres from Agricultural (A-20a) and Single-Family Residential (RS-15) to Family Agricultural (FA-5a). if approved, the applicant intends to subdivide the 26.122-acre area into five lots, consisting of 5+ acres each. The applicant intends to retain two lots for its personal use and sell the remaining tlu-ee lots to persons interested in truck and/or backyard farming. 2. Estimated cost of pro,{ect: $3(10,000. This would be largely for an off-site water transmission line, water service laterals and driveway access to the individual lots. 3. Supportive Information: The applicant and landowner, Kulana Kea, LLC, has submitted the following, in support of the request. (See Exhibit A -Change of Zone Applications) STATE AND COUNTY PLANS 4. State Land Use'Designation: Agricultural and a small portion ofUrban (1.372 acres). 5. County Zoning: Agricultural (A-20a) and Single-Fancily Residential (RS-15). (i. GP LLIPAG Map: Lmw Density Urban. 7. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawaii lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management azea with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ec•-osystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 8. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The properties are located approximately 1000 feet from the newest coastline and are not situated within the Special Management Area. DESCRIPTION OF PROPERTIES AND SURROUNDING AREA 9. Subject Properties: '[lie project site is roughly rectangular in shape and consists oftwo parcels that total 26.12:? acres in size. 7°he site is vacant of structures and is planted in corn. [t was previousl}' cleared and planted in sugar cane. 10. Surrounding Zoning/i.,and Uses: Surrounding properties 1:o the west and north consist of larger parcels in agricultural uses, which are zoned Agricultural (A-20a). Immediately to the south across Kulana Kea Street is a property zoned RS-15. To the southeast and east are properties zoned RS-7.5 and RS-10, which includes single-family dwellings and Haaheo School. L 1. ALISH: Prime Agricultural Land. Prime Agriculhu•al Land has the soil quality, growing season. and moisture supply needed to produce sustained high yields of crops economically when treated and managed according to modem farming methods. 12. Land Study Bureau's lletailed Land Classification System: "C" or "Fair". l3. U.S. Soil Survey: Hilo silty clay loam, 0-10 percent slopes (HoC). 14. FIRM: Zone "X", azea determined to he outside the 500-year flood plain. 15. Flora/Fauna Resources: There were no professionals flora'fauna surveys conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the site, as the property has been. prE;viously cleared and used for sugarcane and corn farming. The property is not known to be a habitat for any rare or endangered animal life. Given its elevation, it maybe possible to find the Hawaiian Hawk (Io) and the Hawaiian Owl (Pueo). 16. Archaeological Resources: Since the site has been cleared and used for sugar cane and corn, no commissioned urchac:ological survey was conducted. According to the applicant, the former c fearing and current use make it less likely to find any archaeological feattu'es on the site. 17. Cultural or Native Gathering Rights: According to the applicant, it is not known whether the subject or immediate surrounding area wits used in the recent past for the gathering of plants by native Hawaiians. However, as the site has been used for sugar cane and corn, it would appear unlikely that the site would serve such purpose today. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the project site. PUBLIC UTILITIES ANA SERVICES 19. Access: Access to the project site is from Kulana Kea Road, which is a private road with a 60-foot wide right-of-way with a 20-foot pavement Jrom Wainaku Street to the Kulana Kea Street - Kauhiula F;oad intersection. The applicant is stated that they are prepared to participate iu improving the intersection of Wainaku Street and Kulana Kea Street to increase sight distance. 20. Water. Conmtents received from the Department of Water Supply state that the subject parcels do not have water service from the DWS. With waterline improvements along l<ulana Kea Drive, water can be made available for the proposed subdivision. The Department of Water Supply requires that the applicant construct necessary water system improvements, which shall include extending the existing 8-inch water main along Kulana Kea Drive approximately 2,400 feet from the water tank on TMK: 2-6-32:25 to the intersection of Kaiwiki Road and Kulana Kea Drive;, and installing service laterals that will accommodate an appropriately sized meter to each lot in the development. 2] . Wastewater: As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or septic tank, meeting with the requirements of the Department of Health. 22. Solid Waste: Solid waste will he handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. 23. Essential Utilities and Services: Utilities are available to the project site. The closest police and fire stations are located in Hilo, less than three miles from the properties. AGENCIES' COMMENTS 24. Police Department (October 21, 2005 Memo): "Staff, upon reviewing the provided documents and visiting the proposed site, does not anticipate any significant impact to traffic and/or public safety concerns." 25. Hire Department (October 5, 2005 Memo): "ln that the catchment system will also be used for fire protection, it is recommended that the tank be located in an area accessible by fire apparatus with a fire service connection." 26. Real Property Tax Office (September 28, 2005 Memo): "The property is receiving agricultural use value and possible rollback taxes if subdivided into less than 5 acres. Real Property taxes are current and are paid through December 31, 2005 for both." 27. Department of Research and Development (October 24, 2005 Memo): "Thank you for the opportunity to comment on this application. There has been a problem with fanners farniing around the area from residential owners complaining about the traffic created by farmers. As far as this application is concerned, I don't have any comments." 28. Department of Public Works: (See Exhibit B -October 24, 2005 Memo) 29. Department of Water Supply: (See Exhibit C -October 27, 2005 Memo) 30. Department of Health: (See Exhibit D -October 17, 2005 Memo) AGENCIES - NO RESPONSF.,S 31. Department of Land and Natural Resources -Land Division and Historic Preservation Division, and Natural Resources Conservation Service. APPLICANT'S SUBMITTALS 32. The applicant has submitted several letters in response Co comments received from various governmental al;encics. (See F;xhibit E -Letters dated October 27 and November 1, 2005) PUBLIC COMMENTS 33. As of this writing, the Planning Department has not received any written objections or comments from the general public or adjacent landowners on the subject application. _<y- APPLICATION FOR COUNTY REZONING {A-20a~to FA-5a) fL5 - i KULANA KEA,LLC PAPAA-HALEPUNA, SOUTH HILO, HAWAI' I TAX MAP KEY: (3) 2-6-32: 04 and 05 Prepared For: Kulana Kea, LLC Prepared By: Sidney M. Fuke, Planning Consultant July 2005 EX IBIT d .e_ ~ _ _ _ 100 Pauahi Strec4, .Suite ? ° I hlo, Hawaii 96720 ^ Planning Vana roa • Zoning Telephone: (8013) 969-152L • Fax. (Sb8) 969-1996 ~ Subdimson • Laid Use Peimns • Environmental Repotls September 2, 2005 vtr. Christopher Yuen, Director Planning Department COU[VTY OF HAWAI' I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: ? cM• a~ ~ Subject: Application for County Rezoning (A-20a to FA-Sa) Kulana Kea, LLC ~ Wainaku, Hilo, Hawaii, TMK: 2-6-32: 04 and 05 t~A CLS ~ t Transmitted herewith for y~iur review and processing is an application to rezone the subject properties from the A-20a~Ilta FA-Sa. There are two (2) existing lots of record, consisting of approximately 14+ acres each. The applicant would fike to consolidate and resubdivide them into five (S) lots, each consisting of 5+ acres in size. The applicant intends to retain two (2) lots for their purpose and sell the remaining three (3) lots as family/ agricultural farm lots. The subject site is located north of Kulana Kea Road in Wainaku. To the south side of Kulana Kea Road and directly across of the subject site is a 14+ acre site, zoned RS-15. The Haaheo School is located generally makcri of the subject area. Pursuant to the submittal requirements, please find enclosed the original and twenty (20) copies of the application forms, departmental questionnaire, and environmental report • which includes the location and proposed site plans; the filing fee of $625; a 2' x 3' copy of the site plan; tax cleazance form; a list of surrounding property owners within S00 feet of the subject parcel; and the metes and bound description of the property. Please note that although the application noted the Tallett's as the owners of record, the applicant recently "closed" on the sale. A copy of the limited warranty deed is enclosed. We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this application, please feel free to direct them to me. Thank you very much for your attention on this matter. Sincerel , S NEY FI.7KE Planning Consultant Enclosures ®U~49~ Copy -Kulana Kea, LLC w1 enclosures Obi02%,8 07::3 F'A.r: 906 98A ?04C TIT1,E GUARANTY-BI LO _ ___004 ' niter Racordatioq Retum by Mail O Pickup Otot Mr. RogeR Rohrer TG: 2005-01536 Post Office Box 791657 TGE: AS-3D2-ODB9 Pala, HewaN 98779 Mr. Michael I. Nagai Total Pages: EIGHT Affects: Tax Map Key (3) 2-6.032-004 (Lot 4, Wainaku Farms) Tax Map Kay (3) 2-6-032-0011 (Lot 5, Wainaku Fartns) document No. 98-174714 LIMITED WARRANTY DEED~j ~ ~ 7HIS LIMITED WARRANTY DEED, matle this~(J day of UOG,,~,_, 2005, by: WILLI6RORD K. TALLETT and PAULINE A. TALLETT, husband and wife, whose address is Go Past Office Box 1826, Papaikau, Hawaii 96761-1826 (hereinafter referred to es "GRANTOR"), in favor of KULANA KEA LLG., a Hawa6 limited liability company, which has as its address Post Office F3ox 791657, Peia, Hawaii 38779 {hereinafter referred to as `GRANTEE"); YlI1TNESSETH: Inconsideration of the sum of TEN DOLLARS {$10.00) and other valuable consideratbn paid by the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee all of that certain real property mare partlculariy described in Exhibit A attached hereto and made a part hereof, subject to the encumbrances noted therein. umlroe W arrxAy Dees 1 Telhtt KuhN Kea LLC TMKS 3' 34032-004 d 3'° 2~5-a32LQ5 T`d £STZ-E98-~Zb uauyoa utg4oa e[~:rr en ~n awn OB/Oe/oS 0"-29 FA.i 808 BdB 50iPv "r[t4f 4IlARAM1TY-Ri LO ~~_'~_~00~ :And the reversions, remainders, rents, issues and profiks thereat and all of the -~tata rtohr, title and interest of the Granter, both a[ law and In equity, therein and .flef'~iV, TO HAVE AND TO HOLD the same, together with all improvements, rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith unto the Grantee, IN SEVERALTY, in FEE SIMPLE forever, subject to the encumbrances hereinabave or hereinafter mentioned. AND said Grantor, as aforesaid, for itself and its successors, does hereby covenant and agree to and with the Grantee that the property herein described is free and clear of and from ail encumbrances of record ar encumbrances made or suffered by said Grantor otheP than those hereinabove or hereinafter mentioned, and real property taxes for the current year not yet by law required to be paid and that said Grantor has good right to sail and convey the same. The property is being conveyed in Its existing "AS IS" condition. Grartor conveys the property wdhout any representations or warranties relating to its condition Grantooe acknowledges and understands that the real property and personal property is sold "AS IS", without warcanties or represerrtatlons relating to its condition. Grantee affirms that Grantee has had the opportunity to inspect the property and accepts the same in its existing "AS 1S" condition. The rights and obligatipns of the Grantor and Grantee shall be binding upon and inure to the benefit of their respective heirs, devisee, personal representattves, successors and assigns. IT IS MUTUALLY AGREED that the terms "Grantor" and °'Grantee° as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, or corporations, and their and each of their respective successors in interest, heirs, personal representatives and permitted assigns, according to the context thereof, and that if these presents shall be signed 6y two or more Grantors ar by two ar more Grantees all covenants of such parties shall be and far all purposes deemed to be joint and several. IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be duty executed the day and year first written, on the Counterpart pages attached horeto, each of wh'~ch is deemed an original. The parties agree that said Counterparts shall together constitute one and the same agreement, binding ap of the parties hereto, notwRhstanding that all of the parties are not signatory to the original or the same Counterparts. For all purposes, including, without limitation, recordation, fling and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the Counterparts may be discarded and the remaining pages assembled as one documert. Limked Wonynty Deed 'Z Tell~it KV1ana Kee lLC TMKS 9° 7.4092L04 & 9" 2$-792-OC5 Z°d ESt~-BBE -SZb Ja.~yoy utggoN erg:rr ..I~.. _ i~A/UE%OS-0%-?J rA% ROA Bft9 506-_-' __'rITLE GIIAA,INI'Y-HI4G ___-~i__,^-__ ~j0~ r";"Tp-,kt£.~~t,•o,~TK t-~:~e~°~I"Clwt'I9SY~RAyTiUR•. AN WITNESS VVHEF2EOF, the Grantor has executed these presents as of the day and year first above written. ~l.L K `r ~.t~.zP' , WILUBRORD K. TALLETT F '/~/I'/ ~rV~~ ~J, ~ t _ PAULINE A. TALLETT Grantor STATE OF HAWAIf ) SS. CITY AND COUNTY OF HONOLULU ) On this ~ day of 2005, before me, personalty appeared Witlibrord K. Tallett and Pauline A, allett, to me known to be the parson (or who provided satiatactaty evidence of his Identity) described in and who executed the foregoing Limited Warranty Dead, and acknowledged to me that he executed the same as hls free act and deed. NOTA~Stete of Hawaii TRACY L. NAItaA ~ Printed name of Notary My commission expires on: 0~-Ul.a Th L umlud wq~y Dees g TaIIgC KWgne Keq LLC TMKS 3' 2-M034.00q q 3'0 2.6.00E-003 E•d ES [.',-ABB-S'~b ua~yoN uiggoa eT,'.=ti Cn zn dac 09~02i05 ri5: T3 FAX 005 8d9 J04r TITLE :UARA}1TY-HI LO _ x1001 a::FslJ#9i'ERRART PAGE TC1 i~E EXECUTED l3Y GRANTEE". IN WITNESS WHEREOF, the C3rantec has executed these pr~5ents as of crir day and year first above written. KULANA KEA LLC. a Hawaii limited ifability corgpany ,r / t RO RT H. ROB ER Mem r Man gor Grantee STATE OF HAW II ) )SS. COUNTY OF^TUM+[tff- / L On this ~ lam/ T day of / , 2005, before me, personally appeared Robert H. Rohrer, personally own tome (or proved to me oo the basis of satisfactory evidence) to be the person who executed this Limited Warranty Deed, and, who. being duly sworn, did say that: 1 He is the Member Manager of KULANA KEA LLC, a Hawaii limited liability company; 2. He is duly authorized by the operating agreement of said company to execute the foregoing Instrument on behalf of antl binding the company; and 3. He acknowledged that he executed it as the free act and i the company, P ,State of Hawail Printed name of Notary My commission expires on:_ hfiellaai I. Nagai Expiration Date: Januery2l, 2007 UmINO Wxrenry Deee 4 TaWtt Kulana Kaa LLC TMKS 3~ 24032.OPe 8 3a 2~6-032-0f15 b ESIZ-BBB-S2b uauyo,~ utggo~y e[~;[I SO zn dac CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Kulana Kea, LLC APPLICANT'S SIGNATURE• DATE: Jnly 28, 2005 P.O.Box791657 Edmund Olson Robbin er ADDRESS: Paia, Maui, HI 96779 LIST APPLICANT'S INTEREST IF NOT OWNER: Purchaser ofproperty LIST PRINCIPAL(S) INCLUDING N AMES OF MAIN OFFICERS: Edmuad Olson, Managing Member and Robbin Rohrer, Managing Member PHONE:(Bus.) (808) 281-5366 (Res.) (Fax) LANDOWNER(S): Pauline and Willie Tallett LANDOWNER SIGNATURE(S): See attached letter of authorization DATE: July 28, 2005 LANDOWNER(S) ADDRESS: 47-696 Hui Ala1Ma StreetbKaoeohe, HI 96744 REQUEST: A-20a l ~i Tt) FA-Sa (Existing zoning) (Proposed Zoning) TAX MAP KEY: z-6-32:04 ana os STREET ADDRESS OF PROPERTY: Kulaoa Kea Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 26.122 acres AGENT: Sidney M. Fuke ADDRESS: 100 Paualu Street' Suite 212 Hilo, HI 96720 TELEPHONE: (Bus.) (808) 969-1522 _ (Res.) (F•~)(808) 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M. Fuke COPIES: Kulana Kea, LLC (See Instructions on Reverse Side) ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COONTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I 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? All b. Into what lot sizes? 5+acres 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? No If des, please answer the following questions: On how many of those lots? At what approximate price range? House Lot 7bta1 Approximately how long, after approval of the subdivision, would the first house be available for occupancy? - If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you have no firm plans of subdividing the subject area, do you intend to: a• Sell or lease the land to someone who has firm plans? No b• Sell or lease the land to someone who has tentative plans? Yes ~ Sell or lease the land to someone who has no plans? No d. Keep it? 2 e. P. D. 2 5/84 f, If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3• Do you think that your request and your further plans for the land will alleviate the local housing situation? N/A How? q. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Yes If so, please list the kinds of products grown and on how many square feet or acres of larrd per product. Com 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? a. Commodity to be produced? Truck crop What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? Yes Sufficient farm size to allow reasonable chance of success in commercial agriculture? Yes -2- d Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? 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 z change of zone. If you do not intend to subdivide the subject land for some sort of agricultural purpose, please state your other reasons. 7• To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report. Is the road adequate for the proposed traffic volume or load? Yes 9• What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X ~ Sewer X d. Drainage X -3- Yes No e. Police Protection % - f. Fire Protection X - g, Recreational Facilities X X h. Public Utilities - X r. Other For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Signature: ana in Member Address : P.O. Box 791657 Paia, Maui, HI 96779 Telephone: {808)281-5366 Date : July 28, 2005 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to FA~a) KULANA KEA, LLC PAPAA-HALEPUNA, SOUTH HILO, HAWAI'1 TAX MAP KEY: (3) 2-6-32: Od4 and 05 I. INTRODUCTION vf~-~ Kulana Kea, LLC (hereinafter, applicant), is requesting to rezone o (2) parcels consisting a total of 26.122 acres from Agriculture (A-20a) to Family- Agriculture (FA-5a) in Papaa-Halepuna, South Hilo, Hawaii. (See Figure 1) The subject site fronts Kulana Kea Road and Kauhi'ula Road in Wainaku. More specifically, it is located about 450 feet mauka or northwest of the Haaheo Elementary School site and approximately 850 feet mauka or west of the Old Mamalahoa Highway at Papaa-Halepuna, South Hilo, Hawai i, TMK: 2-6-32: 006. The s If approved, the applicant intends to subdivide the 26.122-acre area into five (5) lots, consisting of 5+ acres each. The applicant plans to retain two lots for their personal use and sell the remaining three (3) lots to persons interested in truck and/or backyard farming. II. PROJECT LOCATION As noted earlier, the subject site fronts the north side of Kulana Kea Road and the makai or east side of Kauhi ula Road. Both roads are privately owned. Kulana Kea Road eventually intersects with the old Mamalahoa Highway, which is also referred to as Wainaku Road. The property begins approximately 850 feet from Wainaku Road. (See Figure 2} There is a 14.69-acre area located south and directly across of the subject site. That site is zoned Single-Family Residential (RS-15) zone. (See Figure 2). The property owner then (Mauna Kea Agribusiness Company, Inc.) had planned to subdivide the property into twenty-five (25) houselots ranging between 15,000 to 20,000 square feet. The land was subsequently sold in 2001, and the current owner of that site is planning to subdivide the site into ten (10) 1+ acre lots. Ill. PROJECT DESCRIPTION A. Project Concept and Components The applicant recently purchased the subject site with the intention of 1 ~8 ~ ~y pp~~. ~ VS~A.!?~AK.IJ [t YAUKRA kUUksC3 lace P~g~ 26 - _ as Kahua P€ I i~ t27S ~ C ; _ P ~ ~a 1 3~1 .-'~~__-__'-ems p Qp }pp ~~I YY~ - St ~ i ~ ~a fn~ui'e0` Smea ~ q „'.'wd ~/q ~A~ _ ~ ~r4 i ~d ` Ff _ _ _ ~ f '~d - suB~cT SITE ~ - ~ ~ ~ , ~ i ~ ~ li Farms ~ ~ ' 1+ i " KWane Kea Lk. •n• I t 7gpa,rd ~ H ~ 1. y: i8' ~ s G~ I t§ ~ ~ ~ ~ _ _ „~.'6 ppR~ ~ . - a c Hakutani Pi ¢ m y4 hfIT~T ~i < '~S ~puifa ~ Copyri~hi 2003, Odysseys ftbi , uc PUUEO ~ ~ A B ~ C ll Fftjure I IRY ~YN YR.~Sa~M! ni/ c i C t a \ e c ° 3 t ~ ~ fi . ¢ ; Y ~ ~ Li_ ~ _Z. L_ ~ ° ~ ~ a a L"' e r , A 0 , 3 ~a ~ F~ i i a g L r ~ • ~ py ~ R ~ ~ ~ ; J ~1~' I V ~ ~ i' r/ ~ ` ' ~ J S~1 ' ie ~ t 1 a ~ c p e jytt ~ ~ ~ n os ~ E ~ ! ~ £ "s t ! ~ ~ ~ ' 2 E ~ t ~ c a. ~ ~ r^ 9 QQ ~ ~ jj g . ~~1~1 ~ t~ o ~ ~ t ~i ~ ~ / t P t a SU C~ q : - ~ t ~a t s _ a: - ~ - r ~ ~ 1(` / / a „ s ! I> I ~ a O ~ ~ 4 ~ D nni W ---1.~_r--~_ u s N Figure 2 retaining iwo (2) lots for their use as a farm dwelling and conduct backyard farming. The site is suitable for farming, as it was formerly cultivated in sugarcane and more recently, corn. However, because the area is too large (26+ acres}, the applicant wishes to subdivide the property and sell a few of the lots to those interested in truck crop or backyard farming. The sale would help defray the subdivision cost, particularly the water line improvements. Tentative plans for all lots to have direct access to Kulana Kea Road. (See Figure 3) It is understood that the subdivision plan submitted herein may change prior to receipt of final subdivision approval to accommodate the applicant's wishes as well as to comply with County subdivision requirements and appropriate conditions of approval. B. Project Timetable and Cost The applicant hopes to secure the necessary County rezoning approval as soon as possible and begin the subdivision process immediately thereafter. Tentatively, the applicant hopes to have the land subdivided before the end of 2006. The estimated cost of improvements, if any, would be $300,000. This would largely be for an off-site water transmission line, as well as water service laterals and driveway access to the individual lots. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use n ~ 1~~~0,~ ~ S ~ w~ ~t . The end site is within the Agricultural district. The proposed lot size (5 acres) and intended use (family agriculture) would be consistent with the rules and regulations governing the State Land Use Agricultural District. B. Countv General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the site Low Density Urban Development. This designation allows consideration for uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. At the same time, agricultural activities are also allowed. 2 o` ~ }p^~ ~Dk _ ~O~ c x ~ O O ~ C f ~ ~ .94 °5LL F o ~OU1 7 y N ZL•80L t0 o x O Q C7 7C'~'' ~ ~ tl~ :m'. D<DOOC~ '3 w ~ N-' ~ O N d p ~ ~ m O C1 p m °o cNii w N ~ p a y y m ~ Q v m 00 w ~ •~r D a' 19' l LL N 2 ~ O A O`~G'Q +a } N fi p~~ o :o D v ~N n m ~ ~ o N Q -M ~ ~ V ~ p N ~ O O !D p ~ ~ ~p ° aDrt-3i. a t° > ti o 0 O _ f o ~ ~ o G fl.~- m N ~m7 v - - -n. --f. - - - - .oi CC r• r < ~ N '9 O a ~ ~ f ~ ~ = m ? fD a ~ N ~ a D ~ .94 o S$£ a p 3 0 94'659 s ~ ~ m o- N ~ } 7 N O~ • y cn ~ ~ p O .r N,9 ~J, ~ m ~ ~ = ooC 9~ NV%~ - ~ .94 oSLI ~ mNm M q ~SZ'£99 C ~ Rio ~ p p N N N ^.2 ~ ~ } o s ~ ~ _ -9 °a'- yr1 ~ n °0 ~ d ~s x~o ~ n ~ oqD to xino 3s sv3~ ~~`n bM~o mr ?~.~«9 ~3Ss ~mn~ .50 e64£ mid Ci m6 vm~~ a~ n°-am 3 300 °m m N~w~ ~ C O1~o c-eo Om a 0 3 -o o u an ? ma 3 ~s o 3o v e ~ ~ n • n z ° 'o •e a ~ K g C o o so o m a c ~ True ~ m a °o o NorFh ~ 0 '6N DOWD ~ p SCG~ei ~ t In. = 200 Ft. ° ~,~1~, F Based on the requested Family-Agriculture (FA-5a) designation, the project would be consistent with the General Plan LUPAG map, and no amendment to the map is needed. C. County Zoning The County zoning of the subject property is Agriculture (A-20a)~u.1c~t R~- I,~. Properties in the general area, particularly in the vicinity of Haaheo School, are zoned Single-family Residential {RS-7.5 and RS-10). The property to the south is zoned Single-family Residential (RS-15)); properties to the north and west, however, are zoned Agriculture (A- 20a). 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 FA-5a zone would be adhered to. D. Relationshia to SMA Objectives and Policies 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 a mile 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. The likelihood of this improvement having any impacts to the area's historic resources is remote. As the site was previously Geared, it would not appear that tfiere are any archaeological features within the area of the proposed improvements. 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 rural-residential setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project would involve the construction of asingle-family dwelling on each of the respective lots. Further, the site is not readily visible from the old Mamalahoa Highway or the Belt Highway and thus any visual 3 impact to the near or off shore waters as weN as to slopes of Mauna Kea would be minimal, if at all. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over a mile from the ocean. Notwithstanding the distance, the nature of the project -residential/ agricultural -and the construction of only five (5) private wastewater systems are such that potential coastal ecosystem impacts would usually not be found. The proposed action will result in creating the potential for small-scale agricultural farm lots in this area. Although two (2) will be reserved for the applicant, three (3) will be available. This should still provide additional opportunities for farming. In so doing, the project could aid the agricultural 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 FA-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. 4 E. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible Underground Injection Control (UIC) permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the eastern slope of Mauna Kea, approximately a mile from the ocean. The parcel is gently sloping, with an average slope of about eight (8) percent. It has an elevation that ranges from 215 to 300 feet above mean sea level. The mean annual rainfall in this area is approximately 125 inches. The wetter months tend to occur between March through September. The mean annual temperature is about seventy (70) degrees Fahrenheit to the lower 80's. Because the site is situated on the windward side of the island, winds tend to be trade and variable. Slight northeasterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. The subject parcel is somewhat rectangular in shape. lts longest side fronts Kulana Kea Road at a length of 1,300+ feet. Its width ranges between 581 to 708 feet at Kauhi ula Road. (Figure 3). The site is vacant of any structures. It was formerly cleared and planted in sugar cane. However, the landowner has allowed a farmer to plant corn on the subject site. In addition to making the land more agriculturally productive, the arrangement was also to foster weed control. Otherwise, as evidenced by some of the neighboring properties, the site could easily be overgrown with weeds common in this area, such as the "Wainaku" and "California" grass ahd fallow sugar cane stalks. B. Soils and Topoaraphy The topography of the site slopes slightly in a mauka (west) to makai (east) direction. There is a gradual eight (8) percent slope running mauka-makai. The USDA Soil Survey Report identifies soil on this site as "Hilo Series (HoC). This type of soil is characterized as being well-drained, 5 silty clay loam. The surface layer is dark-brown silty clay loam about 12 inches thick. The subsoil is about 48 inches thick and consists of dark-brown, dark-reddish brown silty clay loam. Permeability is rapid, runoff is slow, and the erosion hazard is slight. The Land Studv Bureau Overall Master Productivity Rating for the subject area is essentially Class "C" or fair (C42). This suggests the site has fair productivity potential for agricultural crops. It is of the Hi/o/Wai/ea soil series, with deep soil. The soil texture is moderately fine, the color is dark brown, and the parent material is volcanic ash. It is well drained but moist and is moderately suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either `Unique Agricultural Land" or `Other". Under this system, the subject site is classified as `Prime" due to their prior sugar cane use. C. Natural Hazards 1. Drainas~e The US Corps of Engineers' Flood Insurance Rate Maa (FIRM) designates most of 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 a mile from the ocean, 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 3, on a scale of ascending risk 9 to 1. The populated area of Hilo also falls in this category. 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. 6 D. Flora/Fauna The original floral resources of the subject site were removed during the sugar plantation era. While there are few pockets of fallow sugar cane, most of the site has been used as a corn farm. As such, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Given the site's proximity to residential areas, it is unlikely that it would serve as a habitat for any rare or endangered animal life. Given its elevation, however, it may be possible to find the Hawaiian Hawk /'o) and the Hawaiian Owl (Pueo). E. HistoriclCultural/Archaeological Resources As the site has been cleared and used for sugar cane and corn, no commissioned archaeological survey of the site was made. The former clearing and current use make it less likely to find any archaeological features on the site. Nonetheless, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work wilt cease and the applicant will immediately notify the Planning Department. 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. 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 sugar cane and corn, it would appear unlikely that the site would serve such purpose today. 7 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 relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located well over a mite ftom the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being anon-coastal property, no coastal access will be affected. Wastewater from the project will be serviced with a private sewer system meeting with the approval and requirements of the State Department of Health. This will either be a cesspool (if allowed) or in the alternative, a septic system. H. Noise. Air Quality, and Dust Kulana Kea Road will serve as the main access to this project from Wainaku Road. The existing ambient traffic level in this area is quite low. As such, the corresponding noise level is quite low. With the completion of this project, the noise level is not anticipated to increase significantly. There may, however, be short-term noise impacts associated with the construction of the infrastructure (such as water service lateral and driveway access improvements) 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 uali impacts. The onty 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, given the number of lots (5) and land uses (farm dwelling/truck crop farming). Further, with higher EPA standards for automobile air emissions, the air quality impact should not be sign cant. As such, with the exception of construction dust in the beginning, long term dust generated by the project should be minimal. Construction 8 dust, however, like construction noise will have to comply with the State Department of Health's regulations. I. Scenic and Visual Considerations In the Natural Beauty element of the General Pfan, 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 Hilo area. The most notable is the backdrop of Mauna Kea and the Hilo Bay. The proposed development would not have any visual impacts on Mauna Kea or Hilo Bay. The site is located more on the lower end of Mauna Kea and is not visible from the Highway. Furthermore, the normal residential height of 30 feet should not interfere with the view of Mauna Kea. Relative to Hilo Bay, there are no public roads mauka of the subject site. As such, public views of Hilo Bay would not be affected. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in this area are a mixture of urban and rural-agriculture. The urban area is located primarily on the makai side in the area of Haaheo School and the Wainaku subdivision. There are single-family residences in this area with zoning ranging from RS-7.5 to RS-10. The area to the south of the subject site is a property zoned RS-15 and capable of supporting 25+ single-family residential lots. However, that landowner has elected to develop the site into a 10-lot, 1-acre lot subdivision. There are macadamia nut trees immediately mauka or west of the subject area. There are residences on large lots on properties to the southwest. All of those properties are zoned A-20a. The downtown area of the City of Hilo is located less than two (2) miles to the south. There are other urban uses proximate to the site in and around the town of Wainaku, including the Alae Cemetery. 9 Given the existing and zoned conditions, the proposed development would not be incongruous with the emerging residential-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would enhance the potential for the subject site to be more intensively utilized as a subsistence farm. Further, there will be some small short-term construction activity. And this could help with the area's economy. C. Aariculturallmaacts As noted earlier, the site has been used agriculturally intermittently since the demise of sugar. It is currently used as for corn. Given the current use, the surrounding agricultural uses, and the soil characteristics, the site's agricultural potential exists. Allowing the applicant to rezone and subdivide the property into more manageable sized (5+ acres) lots would enhance the site's agricultural patential. It would certainly not diminish it. The applicant's proposal could thus help foster the agricultural objectives by making available manageable-sized agricultural farm lots proximate to Hilo. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Immediate access to the project would be via an existing 60-foot wide private road called Kulana Kea Road. This road has a 20-foot wide paved section that extends from Wainaku Road to Kauhi ula Road. The unpaved shoulders have a width of at least 3-5 feet on both sides. This section of Kulana Kea Road is pretty straight, and thus, access to and from the proposed lots should have reasonable sight distance. Kauhi ula Road has aright-of-way of 50 feet, with a roughly paved road with a width of 10+ feet. There are 3-5 foot wide graveled shoulders on both sides. l0 In this general area, Wainaku Road has aright-of-way of 30 feet, with at least a 20-foot pavement. There is adequate sight distance at the intersection of Kulana Kea Road and Wainaku Road. However, in conjunction with the RS-15 rezoning of the property to the south, there was a condition that required some improvements to that intersection to increase the sight distance. If required, this applicant is prepared to participate in this improvement. B. Water Water is available from an 8-inch line that fronts the subject property along Kulana Kea Road. Anew booster pump has also been completed, which should help provide additional pressure to this area. Notwithstanding the above, the Department of Water Supply requires the construction of a new 8-inch water line from a water tank in Kaiwiki, located mauka of the subject site, to connect to the existing fl- inch line fronting the subject site along Kulana Kea Road. The applicant has agreed to participate in this improvement with the subdivider of the property south of the subject site. A copy of this letter confirming a discussion with the Department of Water Supply is found in Appendix A. C. Wastewater There is no County wastewater system in this area. As such, a septic tank or cesspool system meeting with the approval of the Department of Health will be developed. This improvement will be done by the applicant and/or respective landowner in conjunction with the issuance of a building permit for a dwelling. 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 FA-5a zoning, the potential for uses associated with toxic or related chemical waste would be minimal, if at all. It should be noted that the applicant intends to retain most of the vegetation on the site and use if for composting for their property. Thus, waste from this project would be equal to a domestic use. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already 11 being serviced. No extension of government services would be required. The nearest fire station and main police station are located in Downtown Hilo, less than 3 miles from the site. In this area, the elementary school is located less than 500 feet away. Middle and High Schools are available in Hilo, less than 3 miles away. County parks are available in Hilo. 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. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lons~-Term Productivity If the request were denied, the short-term use of the site would probably continue in low level agriculture or lay fallow. The applicant may eventually construct one dwelling on each of the two existing lots and may elect to do limited agricultural activity on a portion of the site. Given the urban (RS-7,5 and RS-10) character of the makai properties and the planned 1-acre lot subdivision to the south, the property may also be developed into a more dense rural project. Such arural/agricultural subdivision would still provide for a reasonable land use transition. Because there are 2 existing lots now, approval of this request would result in the creation of only 3 more lots for a total of 5 lots. Thus, from a tong-term productivity standpoint, the proposed 5-lot subdivision would provide a heightened level of possibility in having the land used for more intensive agricultural activity by at least 3 more personsffamilies. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the project should not 12 result in an irreversible commitment of natural or archaeological resources. The soi{ on the parcel has been c{assified "C" or fair by the Land Study Bureau, representing fair agricultural potential. This is evidenced by the abandoned sugar cane on the site, as well as the periodic use as a corn farm. It is thus maintained that the creation of the 5-lot subdivision should foster and enhance, instead of remove this land from its more intensive future agricultural potential. C. Mitigative Measures The applicant intends to make improvements, if necessary, to be consistent with the subdivision process. And if construction is required, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. Although there are no drainage ways on the property, the applicant intends to have a U.S. Department of Agriculture's Natural Resources Conservation Services (NRCS) plan prepared. This would help address future grading and/or drainage issues associated with the use of the subject site. Furthermore, such a Plan would help minimize potential adverse drainage impacts to surrounding areas. Finally, no person or businesses will be dislocated by this project. There is no lease arrangement with the corn farmer, as the farmer was using the land gratis as a means of weed control. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site could continue to remain in its quasi-fallow state, and used intermittently for farming. The site could also be sold to one who may be interested in farming the site or using it only as a residence. The former option may not be feasible, given the current price of properties. 13 As such, in light of the current mixture of land uses and lot sizes in this area and proximity to urban areas, the site may not be utilized to its fullest agricultural potential if developed under the existing A-20a zoning. 2. Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as FA-1a or even RS-15. All of these zoning categories would arguably be consistent with the adjoining RS-15 zoning to the south and the County General Plan LUPAG's designation of Low Density Urban. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricultural activities, such as truck crops, in this area. Furthermore, it may not be consistent with the rural lifestyle of the area mauka of the subject site. 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 associated by the development of this project. One of the major infrastructure improvements to be done by this project will be the water system. In so doing, fire flow protection and more agricultural water could be afforded to other property owners in the area. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. Specifically, it would provide for an orderly land use transition between the more intensive RS-7.5 zoning on generally the makai side and the A-20a zoning on the mauka side. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-5a alternative. 14 IX. REGULATORY ANALYSIS A. General Plan LUPAG Maa 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 Low Density Urban. This designation allows the requested FA-5a zoning without a General Plan amendment. B. General Plan Polices The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be created largely in the form of small-scale truck crops. In so doing, the resultant project should add revenues to the County and State coffers. 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. All wastewater systems would be consistent with the requirement of the State Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. If required, a solid waste management plan could be prepared and implemented. The project will also not be a noisy one, except as may be associated with intennittent farming operations_ Any noise- 15 generating facility -such as air conditioners -would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a fruit or vegetable processing plant, as it would be more economical to send the products elsewhere. A Department of Agriculture Natural Resources Conservation Services (NRCS) Plan is planned to be developed. This Plan, together with having plans prepared and approved by the County for any on-site development, should help protect the subject and adjacent properties from surface runoff generated by this development. The site does not appear to have historic sites. It was previously extensively cleared and actively cultivated with sugar cane. Nonetheless, work will cease if unanticipated archaeological remains are discovered while developing andlor using this property. Work will resume only after proper clearances from the State andlor County have been received. Being previously under cultivation, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. As the FA-5a zoning would allow a farm dwelling, the project will indirectly fulfill the objectives of the housing element by creating additional lots. Even if only the potential for three more lots would be realized, the project would still provide lots while enhancing the site's agricultural potential. The Plan also emphasizes that developments be mindful of an area's natural beauty. In this situation, the project has been and will be used in a manner where it blends with the rural ambience of the surrounding area. As the project site is more than a mile 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 cesspools or septic system or other acceptable form of wastewater 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. Additional water improvements will be made, improvements that will 16 not only service the subject site but properties in this area. The applicant will if required, improve vehicular access to the site. Schools and other public facilities are also located proximate to the site, most of them being less than three (3) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County • Protect and encourage the intensive utilization of the County's limited prime agricultural land • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availabil""ity of public services and utilities, access, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations • The county shall encourage the development and maintenance of i communities meeting the needs of its residents in balance with the ~ physical and social environment • Agricultural land shall be used as one form of open space or green belt. The request would be generally consistent with the General Plan LUPAG's Low Density Residential designation. It would also be comaatible with the surrounding area. There are RS-7.5 and RS-10 17 zoned properties proximate to the subject site. A RS-15 zoned property is located immediately south of the subject site. Although the mauka properties are zoned A-20a, many of the lots are less than 20 acres in size. Thus, the requested FA-5a zoning would provide a good buffer between the larger agricultural lots and the urban sized lots. Although the soil of the site is classified "C" or fair, it does have agricultural potential, as evidenced by the abandoned sugar cane and corn farm on the site. This request should thus encourage more intensive agricultural activities on the site. The 5-acre lot size would be conducive for not only the applicant but make other lots available to one who wishes to do some subsistence farming in a rural setting. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Zoning and Subdivision The designated zoning of the site is A-20. Should the FA-5a zoning be approved and the land subdivided, it will result in the creation of only 3 more lots, as the subject site already consists of 2 lots. However, the smaller sized lots will make more housing and small- scaled agricultural opportunities available. If approved, the requirements of the zoning and subdivision codes would be complied, including use and related development standards. 18 SidneyFuke, Planning Consultant t 00 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone: (808) 969-1522 • Faz: (808) 969-7996 • Subdivisbn • Land Use Permits • Environmental Reports July 13, 2005 Mr. Quirino Antonio, Deputy Manager Department of Water Supply COUNTY OF HAWAII 345 Kekuanaoa Street Hilo, HI 96720 Dear Mr. Antonio: Subject: Water Requirement-ProposedSubdivisions Wainaku. South Hilo, ffi Tl4II{: 2-6-32: 004.005, and 006 Thank you very much for taking time to meet with me on the subject matter. I also appreciated the input of your staff, Glenn Ahuna. Confirming this meeting, parcel 6, consisting of 14+ acres, is zoned RS-15. It was originally planned to be subdivided into twenty-eight (28) 15,000+ square foot lots. The current landowner, however, is planning to subdivide it into only ten (10) lots, with each lot having a minimum of 1+ acres. Restrictive covenant in the deed to each lot would prohibit its further subdivision or the construction of a second dwelling unless and until the water system in this azea is capable of supporting fire flow requirements. The owners of parcels 4 and 5 plan to rezone and subsequently consolidate and resubdivide those properties into five (5) 5+ acre sized lots. Both landowners have been awaze of the need for some off-site improvements to the existing water system in this area before they can achieve their respective objectives. In my discussions with these landowners, please note that they have informally agreed to equally split the cost of the required off-site water system. In our earlier meetings, you and/or your staff noted that the construction of an additional water tank with a minimum capacity of 100,000-gallon water tank located on Karirehameha SchoolBishop Estate properties in Kaiwiki would be needed. However, based on your further evaluation of the water system in this area, you noted today that what would be more desirable would be the construction of a new 8-inch water line from the existing water tank to the existing 8-inch line fronting parcel 6. The size of this line would also be sufficient to accommodate fire flow requirements. The estimated length of this line is 3,000 feet. Based on prevailing estimates, the cost of this line should range between $85 to $100/lineal foot. In addition to that off-site improvements, the standard on-site requirements -such as on-site transmission line, water service lateral, etc. - to provide water to each of the lots would still have to be met. Please also note that although the issue of a possible APPENDIX A t ' Mr. Quirino Antonio 7uly 13, 2005 Page 2 waiver or relief from the water facilities charge was not discussed today, this is something that the landowners may wish to pursue later. With that understanding, please be informed that the respective landowners will proceed with their respective plans to develop their properties as described above. They also understand that this line has to be in place before the water requirements for final subdivision approval can be fulfilled. I trust that the above accurately captures our discussion. L°not, please feel free to contact me. Again, thank you very much for your input and assistance. irtcerely,~ SIDNEY M. FUKE Planning Consultant Copy - Mr. William Plant-Mason Mr. Edmund Olson/Mr. Robbin Rohrer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: October 24, 2005 %~~NIO~I~IL TO: Christopher J. Yuen, Planning Director FROM: ~tlV D~rtment of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 05-018) Applicant: Kulana Kea, LLC Request: A-20a & RS-15 to FA-5a Tax Map Key: 2-6-32:004 and 005 We have reviewed the subject application forwarded by your memo dated September 26, 2005 and offer the following comments for your consideration. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain (may include areas with unknown flood or drainage hazards). Kulana Kea (60-ft wide) and Kauhi'ula (50-ft wide) Roads are under private ownership. For areas intended for agricultural use, the applicant should consult with the Natural Resources Conservation Service, formally known as the Soil Conservation Service. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. KG EX IBIT Counp~ of Hawaii is an Equal Opportunity Provider and Employer ` DA WA)fR ?G< Ote 19 19 ^p DEPARTMENT OF WATER SUPPLY ~ COUNTY OF HAWAII c y'~p)NAWaAA'~~ 345 KEKUA NAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (008) 967-8050 FAX IHOH) 981-867 ' October 27, 2005 f0: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ OS-018) REQUEST: A-20A AND RS-15 TO FA-SA APPLICANT - KULANA KEA, LLC TAX MAP KEY 2-6-032:004 AND 005 We have reviewed the subject application for the proposed Change of Zone and have the following comments and conditions. The subject parcels currently do not have water service from the Department. With waterline improvements along Kulana Kea Drive, water can be made available for the proposed subdivision. Therefore, pursuant to the Department's "Rules and Regulations." a water commitment may be issued. Based on the 3 additional lots, the required water commitment deposit is $450.00. Remittance of $450.00 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. Fbr the applicant's information, should the subject change of zone be approved, the following are the Department's requirements: I . Construct necessary water system improvements, which shall include, but not be limited to: a. extending the existing 8-inch water main along Kulana Kea Drive approximately 2,900 feet from the water tank on Tax Map Key 2-6-032:025 to the intersection of Kaiwiki Road and Kulana Kea Drive, and b. installation of service laterals that will accommodate an appropriately sized meter to each lot in the development. Submit installation plans prepared by a processional engineer, registered in the State of Hawaii, for review and approval. X ~ B ~ T ~ ~zt~r ~aivtcj s ~~ro~reit... L' a The Department of Water Supply is an Equal Oppurturv.ty provltler and employer To file a eomplaml of ~iiscnmmt c OHiee of Crva Rights, Room 326-W. Whltlen Budding, 14th and In~fapentlence Avenue, SW, Washington OC 20250-9410 Of call (202) 720-5964 {voroe and TOO) Mr. Christopher J. Yuen. Planning Director Page 2 October 27, 2001 2. Remittance of the prevailing Cacilities charge balance, which is subject to change, of $18,430.00. This is due and payable upon completion of the construction of the water system improvements and prior to water service being granted. For your information, the total facilities charge requirement, which is subject to change, is $18,880.00 and is calculated below. However, the total water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amowrt 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 $18,430.00. FACILITIES CHAR(7E Cwo first services @ $],190.00 each $ 2,380.00 Six additional services na $5.500.00 each +16,500.00 TOTAL (SUBJECT TO CHANGE) $]8,880.00 3. 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 Hawai `i. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents, should it be necessary. Prior to water service being granted, the Water Board shall accept the conveyance documents. 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 he any questions, please call Ms. Shari Komata of our Water Resources and Planning Branch at 961-8070, extension 252. Sincerely yours, ilton D. Pavao, P.E. Manager SflKaco copy - Kulana Kea, LLC Mr. Sidney Fuke 4 "x,959 9 9 LIMOA LINGLE CHIVOME L. FUKINO, M.D. soul ::mon ~ omecron ~.r r enuti m .y.v: a+ceuea® " I' STATE OF HAWAII DEPARTMENTOFHEALTH PO. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: October 17, 2005 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ OS-018) Applicant: Kulana Kea, LLC Request: A-20a and RS-15 to FA-Sa Tax Map Key: 2-6-32:4 and 5 The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on September 29, 2005. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1. The Army Corps of Engineers should be contacted at (808) 438-9258 for this project. Pursuant to Federal Water Pollution Control Act (commonly known as the "Clean Water Act" (CWA)), Paragraph 401(a)(1), a Section 401 Water Quality Certification (WQC) 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...". The term "discharge" is defined in CWA, Subsections 502(16), 502(12), and 502(6); Title 40, Code of Federal Regulations, Section 122.2, and Hawaii Administrative Rules (HAR), Chapter 11-54. 2. In accordance with HAR, Sections 11-55-04 and 11-55-34.05, the Director of Health may require the submittal of an individual permit application or a Notice of Intent (NOI) for general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES). ®~'~~J~ E~IBIT Christopher J. Yuen Page 2 October 17, 2005 a. An application for an NPDES individual 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 our website at {,t}~ %,p.,.n~ h.~~a"iii opvih N+I orb/Ph VINO ~l R1~91(B ~~R~R[Pr/C~PRn W'8~~'i~~flirill,S~i rlLltv.. IlldeX.~liln b. An NOI to be covered by an NPDES general permit is to be submitted at least 30 days before the commencement of the respective activity. A separate NOI is needed for coverage under each NPDES general permit. The NOI forms may be picked up at our office or downloaded from our website at: httpJ/www.hawaii.~ov/health/enviironniental/water/cleanwater/forms/genl= index.html. , i. Storm water associated with industrial activities, as defined 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). [HAR, Chapter 11-55, Appendix B] ii. Construction activities, including clearing, grading, and excavation, 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. [HAR, Chapter 11-55, Appendix C] iii. Discharges of treated effluent from leaking underground storage tank remedial activities. [HAR, Chapter I 1-55, Appendix D] iv. Discharges of once through cooling water less than one (1) million gallons per day. [HAR, Chapter 11-55, Appendix E] v. Discharges ofhydrotesting water. [HAR, Chapter 11-55, Appendix F] vi. Discharges of construction dewatering effluent. [HAR, Chapter I 1-55, Appendix G] Christopher J. Yuen Page 3 October 17, 2005 vii. Discharges of treated effluent from petroleum bulk stations and terminals. [HAR, Chapter 11-55, Appendix H] viii. Discharges of treated effluent from well drilling activities. [HAR, chapter 1 1-5.5, Appendix ix. Discharges of treated effluent from recycled water distribution systems. [HAR, Chapter 11-55, Appendix J] x. Discharges of storm water from a small municipal separate storm sewer system. [HAR, Chapter 11-55, Appendix K] xi. Discharges of circulation water from decorative ponds or tanks. [HAR, Chapter 11-55, Appendix L] 3. In accordance with HAR, Section I 1-55-38, the applicant for an NPDES permit is required 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. if applicable, please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. 4. Any discharges related to project construction or operation activities, with or without a Section 401 WQC or NPDES permit coverage, shall comply with the applicable State Water Quality Standards as specified in HAR, Chapter 11-54. Hawaii Revised Statutes, Subsection 342D-50(a) requires that "[n]o person, including any public body, shall discharge any water pollutants into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director." If you have any questions, please contact Mr. Alec Wong, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm runoffs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." WORD: REZOS-Ol S.my siC~fl@~FUkQ, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ~ ~ ~ ~ ~ Planning ~ Vanance • Zoning Telephone: (8081 969-1522 • Fax: (BOB) 969-7996 • Subdivision- ~antl Use Psrmits E-mail: sidfuke@verizon net ~ Environmental Reports October 27, 2005 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAI°1 101 Pauahi Street Hilo, HI 96720 Dear Mc Yuen: Subject: Reaoning Request (REZ 05-018) -Kulana Kea, LLC Wainaku. Hilo. HI. TMK: 2-6-32:4 & 5 Thank you for providing me with a copy of the Police Department and State Department of Health's comments regarding the subject matter. We note that the Police Department had no objections to the request. Relative to the State Department of Health's comments, there are no known streams or gulches that bisect the subject site. In either case, the requirements for a NPDES and/or UIC permits will be complied with during the plan preparation and construction phase of this project. These permits may be required should there be a need for drywell or similar drainage control measures. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. ~~ngerel ~r~ SIDNEY M. FUKE Planning Consultant Copy -Kulana Kea, LLC. w/ enclosures _ : y:v ~ EXEBIT SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 ~ • Planning • Variance • Zoning TeVephone~. (80H) 969-1522 • Fax-. (808) 969- 7996 • Subdivision • Land Use Permits E-mail: sidfuke@verizon.net • Environmental Reports October 27, 2005 Mr. Christopher Yuen, Director Planning Department COUNTY OF HAWAI'1 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ 05-Ollt) - Kuiaea Kea, LLC Wainaku, Hilo. HI, TMK: 2-6-32:4 & 5 In my earlier response, I had inadvertently overlooked the additional comments on file regarding the subject matter. These comments and my responses follow: Fire Department The Fire Department noted that the catchment system should be located at an accessible area. Please be informed that the applicant, together with the landowner on the south side of Kulana Kea Road, is planning to make water improvements in this area. When completed, these improvements would enable each of the proposed lots to have access to a County approved water system. There is also a possibility that a fire hydrant may also be installed within the road right-of--way proximate or fronting the subject site. As such, we believe that the Department's concern will be adequately taken caze of. Finance Denarhnent -Real Propert~Tax Division There is a possibility that the rollback tax noted in the agency comment may not apply, as the lots will exceed five acres in size. In the event it does, the applicant is now being made aware of this matter and will make appropriate adjustments to its financial plan. Thank you for having brought this matter to our attention. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. inncerely, S DNF`~'M. PUKE Planning Consultant Copy - Kulana Kea, LLC w/ enclosures SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning Telephone. (808) 969-1522 • Fax'. (808) 969-7996 • Subdivision • Land Use Permits E-mail: sidfuke@verizon.net ~ • Envimnmenlal Reports November i, 2005 Mr. Christopher Yuen, Director County Planning Department 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yuen: Subject: Rezoning Request (REZ OS-018) -Kulana Kea, LLC Wainaku. Hilo, HI, TMK: 2-t6-32:4 & 5 Thank you for providing me with additional agency comments to date on this matter. In response to those comments, we respond as follow: Denartment of Research and Development The applicant is aware of and does not have any objections to the agricultural activifies and traffic in the general area. If approved, the applicant also intends to have the lots accessible to landowners desiring to do some farming on the property. Department of Public Works The comments were generally factual in nature, particularly in relation to the FIRM designation and the rights-of--way of the existing roads. Relative to the consultation with the Natural Resources Conservation Service, the applicant and/or the future lot owners intend to confer with the NRCS to develop and implement a drainage and/or land clearing plan for this site. Departrnent of Water Suppiy_{DWS) The requirements of the DWS will be complied with. The applicant has had discussions with the DWS, which confirm the recommended improvements. These improvements will be constructed, with the possible participation of another subdivider in the area, prior to receipt of final subdivision approval. Should there be further questions/comments on this matter, please feel free to contact me. Thank you very much. $ipcer ly, i '"y SIDNEY M. FUKE Planning Consultant Copy -Kulana Kea, LLC w/ enclosures RKulanaKeaREZ.j wd-1 I /04/05 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KULANA KEA,LLC CHANGE OF ZONE APPLICATION (RE7.OS-0181 Upon careful review of the request, the Planning Director is recommending that a favorable recommendation he forwarded to the Hawaii County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant h;as submitted an application for a Change of Zone from Agricultural 20-acre (A-20a) and Single-Family Residential-15,000 squaze feet (RS-15) to Family Agricultural >-acre (FA-Sa) for two parcels consisting of approximately 26.122 acres of land. The applicant intends to subdivide the 26.122-acre area into five lots, consisting of 5+ acres each. The applicant intends to retain two lots for their personal use and sell the remaining three lots to persons interested in truck and/or backyard farming. [n order to consider an area for any type of zoning designation, the applicable goats, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality gowth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in th„ County. The Change of Zone request from Agricultural (A-20a) and Single-Family Residential (RS-15) to Family Agricultural (FA-Sa) will conform to the goals, policies and standards oi' the General Plan Land Use element. Land use is one of the principal focal points of public concerti and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve -i- the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards aze set forth to physically plan the lands in the County itr the best interest of the island's residents. The proposed request conforms to rite goals, policies and standards of the Land Use Element of the General Plan: Land LJse • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, commtmity, region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, re;;ional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. 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 developmenl of the Comity. It reflects a graphic depiction of the physical relationship among the ~ arious land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject area is designated as Low Density Urban. which allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units pcr acre. The request conforms to the General Plan designation for this area in that it creates several new lots that will allow additional residences for the area, while maintaining smaller-scale agricultural uses for the, new zoning. The major concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use ofthe land for commercial agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops cart he intensi ~~ely cultivated on very small acreage, usually these crops have a -2- very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and thu range of market opportunities for those crops. At the same time, a strong demand exists in the real estate market for lots in agricultural areas by purchasers who are interested in large-lot residential homesites or for speculation. The desire for these "gentleman's estates" kends to drive up the price of agricultural land making it less affordable for commercial farmers. There will be considerable interest by landowners to rezone to reduce the minimwn lot sizes because the biggest value is the ability to bus Id a home. The per-acre price is therefore higher if the properties can be sold in smaller lots. This desire to create smaller lots must be handled very carefully because of the possible carving up of the laud into uneconomical units, and the increasing per-acre price. A few factors tip the balance for this favorable recommendation: The applicant intends to retain two lots for their personal use and sell the remaining three lots to persons interested in truck and/or backyard fanning. Five acres is the minimum at which a range of crops can be grown on a connnercial scale, and is sub-optimal for many crops. The project site can be supplied with water and road access without tremendous infrastructure costs that would have to be born by the ultimate purchaser. It is a small rezoning that does not greatly change the overall land use pattern of the area and given the soil characteristics of the property, the potential for more intensive agricultural uses does exist. The properties were previously utilized for the }production of sugar cane, but is currently used for fanning of core. Soils within the project site are identified as Hilo silty clay loam, 0-10 percent slopes (HoC). The permeability is rapid, runoff is slow, and the erosion hazard is slight. The soil is used mostly for sugarcane. Small areas are in truck crops, orchards, and pass ure. The Land Study Bureau's Detailed Land Classification System identifies soils ou the properties as "C" or "Fair" for agricultural productivity. The properties are desia sated as Prime Agricultural Land under the ALISH System. All utilities and services are available to the project site. Access to the project site is from Ku]ana Kea Road, which is a private road wide a 60-foot wide right-of--way -3- with a 20-foot pavement from Wainaku Street to the Kulana. Kea Street - Kauhiula Road intersection. Water can be made available to the subject properties. The applicant will be required to extend the existing 8-inch water main along Kulana Kea Drive approximately 2,900 feet from the water tank on TMK: 2-6-32:25 tp the intersection of Kaiwiki Road and Krdana Kea Drive and to install service laterals that will accommodate an appropriately sized meter to each lot in the development, as required by the Department of Water Supply. A condition of approval will be added requiring the applicant to comply with the constriction improvetnents and installation requirements, as required by the Delmartment of Water Supply. Wastewater will be disposed of by a cesspool system or septic tank, meeting with the requirements of the Department of Health. All other essential utilities or services are or will be made available to the development. There is no severe geological or topographical problems for the project site that cannot be properly rectified or which would render the land unusable. According to the Flood Insuratmce Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the project area is within Zone X, area determined to be outside the 500-year flood plain. The project area is also located outside of any tsunami immdation area.. Previously, a 14.69-acre area, which includes a small portion of the subject project site (1.372 acres) and almost the entire property located directly south across Kulana Kea Street, was rreclassified into the State Land Use LJrban District and rezoned to the Single-Family Residential (RS-15) zoned district on December 5, 1996. Mauna Kea Agribusiness, the former property owner, had planned to subdivide the property into 25 houselots ranging in sire beriveen 15,0(:10 - 20,000 square feet to provide home ownership opportunities to C. Brev er's employees. Subdivision No. 7472 was approved on August 5, 2002 for the rnonsolidation and resubdivision of six lots into four lots (Lots 1-A through 1-D) armd an existing roadway lot. however, after the subdivision was approved, it was discovered that Lot I -D, did not correspond in size and configuration to the 14.69-acre area that was reclassified and rezoned. Thus, the subject properties have a -4- split-zoning and State Laud Use designation. The proposed request would remove the split-zoning from Che properties. Should this request be approved, the applicant and/or new owners could apply for a second faun dwelling on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure. As such, a condition is included to prohibit a second dwelling unit and a Condominium Property Regime (CPR) on each lot. The condition will require that restrictive covenants be included in the deeds of all the proposed lots 'for the subdivision prohibiting second dwelling units to preserve the residentiallagriculhu•al ambience of the area. The approximately five-acre lot sizes will provide opportunities for future landowners who wish to pursue limited agricultural activities, but are not able to commit to the financial or labor demands placed on them by larger pazcels. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal 7.one Management. The. properties are not located in the Special Management Area. The site is located approximately 1000 feet from the nearest shoreline and therefore will not be impacted by coastal hazazd and beach erosion. There is no record of a designated public access that traverses the properties. As the site has been previously cleared and used for sugar cane and com, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. hi view of the Hawall State Supreme Court's "PASH" and "Ka Pa'akai O Ka. 'tuna "decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and nahtral resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No forma] archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • "the valued cultural, historical, and natural resources found in the rezonine area: As the site has been cleared and used for sugar cane and corn, it is unlikely that -5- there are any valued cultural, historical, and natural resources to be found in the rezoning area. • Possible adverse effect or impairment of valued resources: There is no evidence that the flora in ; he area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: As stated by the applicant, in the unlikely evcut 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 findings, approval of the Change of 7,one request from Agricultural (A-20a) and Single-Family Residential (RS-15) to Family Agricultural (FA-5a) would result in an appropriate land use pattern that will. further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-34 (Papaikou-Onomea Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -fi- ~~L1~1T'I' -iA~VAI`~; S'1"~~'~'~; CAF ~~'~~X/1~I`~ BILL NO. _ AN ORDINANCE AMF,NDINt?SECTION 25-8-34 (PAP.AIKOU-ONOMEA 7,ONE MAP). ARTICLE 8, CHAPTER 25 (ZONING CODE), OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTIJR.AL (A-20a) AND SINGLE FAMILY RESIDENTIAL (RS-15) TO FAMILY AGRICULTURAL (FA-Sa) AT WAINAKU, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-6-032:004 & 005. BE 1T ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L SECTION 1. Section 25-8-34, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification oCthe following areas situated at Wainaku, South Hilo, Hawaii, shall be Family Agricultural (FA-Sa): Parcel "A": Beginning at the southeast comer of this parcel of land, and on the northerly side of Roadway Lot A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 10,360.78 feet North and 663.25 feet East, thence mm~ing by azimuths measured clockwise from true South: 1. 94° 04' 723.09 feet along Roadway Lot A: 2. 251 ° 00' ] 03.56 feet along the remainder of Lot 5; 3. Thence along the remainders of Lots 5 and 4 on a curve to the right with a radius of 850.00 feet, the chord azimuth and distance being: 264° 45' 404.07 feet; 4. 278° 30' 225.00 feet along the remainder of Lot 4; -1- 5. 1 ° 00' 88.73 feet along the remainder of Lot 4 to the point of beginning and containing an area of 1.372 Acres. Parcel "B": Beginning at the southeast corner of this parcel of ]and, being also the southwest corner of Lot 3 and on the northwesterly side of Roadway Lot A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 10,689, 82 feet North and 1 ,155.76 feet Fast, thence nrnning by azimuths measured clockwise from true South: l . 44° 46' 355.08 feet along Roadway Lot A; 2. Thence along the same on a curve to the right with a radius of 270.00 feet, the chord azimuth and distance being: 69° 25' 225.22 feet; 3. 94° 04' 31.68 feet along Roadway Lot A; 4. 181 ° 00' 88.73 feet along the remainder of Lot 4; 5. 98° 30' 225.00 feet along same; 6. Thence along the remainders of Lots 4 and 5 on a curve to the left with a radius of 850.00 feet, the chord azimuth and distance being: 84° 45' 404.07 feet; 7. 71° 00' 103.56 feet along the. remainder of Lot 5; 8. 94° 04' 213.12 feet along Roadway Lot A; 9. Thence along Roadway Lot B on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 134° 55' 26.16 feet; 10. 175° 46' 708.72 feet along Roadway Lot B; ll. 265° O6' 46" 1,390.18 feet; 12. 349° OS' 591.77 feet along Lot 3 to the point of beginning and containing an area of 24.750 Acres. -2- 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 1983 (2005 Edition), Che County Counci] finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonahly conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. hi the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`1 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- - ~ r---- - -r--- A-Tba A~20a i ~ ~ y ~ A-20a :1-2(la i ~ AGRICULTURAL (A•20~a) TO ~ ~ ~ FAMILY A RICULTURAI~ (FA•5a~ --A-20a z ~ ~ .750 ACRES i ~ ~ Y A-20a _ A-20"a ~ ~ ~ A-10a A-20a A-20a \ / _ ~2/\ ~ KauhiulaRdJ~- 4_sn, (n5 A-:Oa ~ ~ I~ RS 15 ~ ~ A-20a I A-10a / Y ~ I ~ 3 s-1 ~ SINGLE•FAM~L EA IDENTIAL (R ~ 5) _ - r / TO FAMILY AGRIC TURAL F a C ES A-20a - --FO-369-78-fd- t _1 ~ ~ - - ~ / 663.25 E - l a A- \ R 15 l -7.5 ~ , g-1 N \ ~ I d_ - a ai L ~ i ~ ~ A-20a ~ 13 ~ ~7_ - r ~a . ~ A RS 10 ~ ~ - Rb=1 ~ ~ R ~ 1 ~ 55.76 E~~~ ~ 6 - / _ i ~ I RSf10 0 - Haaheo HALAI'~ i t~ i r ~ ~ i i --R~-fO( l ~J1~~ - I 7. ~ A-20a A-204 \ it _ _ ~ - --1- 5-~-~~ _ i - My~-7a ~ _ - - ~ 1 / ~L ~ ' Wainaku S ~ i RS~7. awaii el v 3~ A- a a tRd ~ - ; ~ ~ MG-Sa O 0 N _ MG-5~ OPE~-~ l 650 325 0 650 1300 1950 2600 3250 Feel AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) AND SINGLE-FAMILY RESIDENTIAL (RS-15) TO FAMILY AGRICULTURAL (FA-5a) AT WAINAKU, SOUTH HILO, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII MK: 2-6-032:004 & 005 _ Date: September 27, 200 EXHIBIT "A" (Ku~ana Kea, uci 177) CKulanaKeaREZ.jwd-1 1/(14/05 K[JLANA KEA, LLC CHANGE OF ZONE APPLICATION (REZ OS-O] 8) CONDITIONS OF APPROVAL A. The applicant, i is successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this ordinance. C. The applicant shall canply with the constniction improvements and installation requirements, meeting with the approval of the Department of Water Supply, prior to Final Subdivision Approval. D. Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. E. Restrictive covenants iu the deeds of all the proposed lots shall give notice that the ternis of the zoning ordinance prohibit the constncction of a second dwelling unit and condominium property regimes on each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with Cho Planning Department upon its receipt from the Bureau of Conveyances. F. All development generated nmoff shall be disposed of on site and not be directed toward any adjacent properties. G. The method of sewage disposal shall meet with the requirements of the State Department of Health. H. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-H PD) shall be immediately notified. Subsequent work shall proceed upon an arcltacological clearance from DLNR- HPD when it finds thaC sufficient mitigation measures have been taken. I. Comply with al l applicable County, State and Federal Laws, rules, regulations and requirements. J. Au annual progress report shall be submitted to the Planning Director prior to the acmiversary date of enactment of the ordinance. The report shall include, but not be limited to, the stratus of the development and the extent to which the conditions of approval have been satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. K. An initial extension of tinie for the performance of conditions within the ordinance may I,e granted by the Plamring Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not ba contrary to the General Plan or Toning Code. 3. Granting of the time extension would not be contrary to the original reasons tier the granting of the change of zoos. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be perforrned within one year may be extended for up to one additional year). 5. [f the applicant slrould require an additionail extension of 6me, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -2-