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HomeMy WebLinkAboutCOM 0734.000 1994-1996 ./ ,'• William G.Davis x,61/4: Managing Director Stephen K.Yamashiro I. ,� '" �'/;. Mayor .:1-4,.. Henry Cho it; —%%% Deputy Managing Director Count 1 of puftinii 25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553 KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740 (808)329-5226 • Fax(808)326-5663 t September 28, 1995 i norable Keiko Bonk-Abramson, Chairwoman a Members of the County Council tC my of Hawaii 2 Aupuni Street IV o, HI 96720 il► • '.Dear Chairwoman Bonk-Abramson and Members: Applicant: Oceanside 1250 dba 1250 Oceanside Partners Change of Zone Application No. 95-12 Request: Unplanned to A-la Tax Map Key: 7-9-12:11 and Portions of 3 and 4: 8-1-4:Portion of 3 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced Change of Zone Application. Sincerely, )..4.4, en K. Ya ashiro ayor AK:syw LOcean01.MAY Enclosures t301 ,iSg cc: Planning Commission REZ 95-12 Owns. No. `7 Ref. To: of ' - 'Z 1951 lam. JNfY OF Ny. , Stephen K. Yamashiro .,�y�•e`�'� Mayor • �5.... . O ounf .Qf c.' atunii PLANNING COMMISSION 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 Fax(808)961-9615 September 28, 1995 {Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairwoman Bonk-Abramson and Members: Applicant: Oceanside 1250 dba 1250 Oceanside Partners Change of Zone Application No. 95-12 Request: Unplanned to A-la Tax Map Key: 7-9-12:11 and Portions of 3 and 4: 8-1-4:Portion of 3 The Planning Commission, after a duly held public hearing on September 14, 1995, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 756 acres of land from an Unplanned (U) to an Agricultural - 1 acre (A-1a) zoned district. The application represents a portion of the approximately 1,540 acres master planned community known as the Villages of Hokukano. The property is located makai of Mamalahoa Highway and Kealakekua Village, Haleki'i, Keekee, North and South Kona, Hawaii. The change of zone, should it be approved, would allow the second phase of residential/agricultural development for an approximately 400-lot agricultural subdivision consisting of lots ranging in size from one to three acres. Development of the agricultural subdivision is anticipated to begin in 1996 or 1997 and completed within 20 years when buildout of the proposed subdivision is anticipated. The Commission concurs with the following Planning Director's reasons for recommending a favorable consideration of the change of zone: In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 2 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 implication of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. The proposed A-la zoning will conform to the following goals, policies and standards of the Land Use Element of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * Zoning requests shall be reviewed with respect to General Plan designation, district goals, State Land Use District, compatibility with adjacent zoned uses, availability of public service 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 General Plan Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a graphic representation of the document's goals, policies, standards and courses of action. It is also a depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The requested zone change conforms to the LUPAG Map which designates the area for Orchards and Extensive Agricultural uses. Extensive Agricultural uses are defined by the General Plan as "Pasturage and range lands." Orchards are defined as "Those agricultural lands which though rocky in character and content support productive macadamia nuts, papaya, citrus and other similar agricultural products." The applicant's proposal to develop approximately 400 agricultural lots, ranging one acre and larger in size, is consistent with the General Plan Goals, Policies and the Land Use Pattern Allocation Guide Map. Such a rural-style of subdivision development provides opportunities for a mix of dwelling, hobby or limited agricultural activities. While the result would be the creation of large lots for dwelling purposes, the proposal could still enhance an individual's interest to pursue various forms of agriculture. Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 3 While the potential for extensive agricultural uses exist, the project site is comprised primarily of soils which have been classified as "Poor" or "Very Poor" for agricultural productivity by the Land Study Bureau's Detailed Land Classification System. The major portion of the project site under consideration is "Unclassified" by the Agricultural Lands Of Importance to the State of Hawaii (ALISH) system. Isolated pockets of lands designated as "Other Important Agricultural Land" are also located on the site. The applicant is exploring options aimed at integrating agricultural easements within the proposed agricultural lot subdivision. These agricultural easements would be configured to cover, at a minimum, 20 percent of each lot for floraculture and orchard uses. It is anticipated that these agricultural easements will be provided to farmers through a leasing arrangement at a nominal cost with the applicant to provide the necessary infrastructural development to sustain such agricultural activity. Along with the provision of housing sites, the proposed agricultural lots will provide opportunities for gardening, hobby activities and reasonable-scaled agricultural endeavors on primarily marginal agricultural lands. This combination of uses will provide a balance between the agricultural potential of the project site and the residential and commercial uses located in Kealakekua. It is recommended that an agricultural plan be developed by the applicant to implement its proposed agricultural zones within the project site. Therefore, favorable consideration of this request would result in land uses in appropriate proportions and mix which would be in keeping with the social, cultural and physical environments of the County. Properties located to the north and south of the project site are designated as Agricultural by the State Land Use Commission and Agricultural-5 acres (A-5a) and Unplanned (U) by the County Zoning Code. To the east (mauka) of the project site are the Kona Scenic and Keekee Estates Subdivisions, both located on lands zoned Single Family Residential (RS) and designated Urban by the State Land Use Commission. Further mauka is the rural town of Kealakekua. The requested Agricultural-1 acre (A-la) designation will result in an extension of the rural character of Kealakekua while providing a transitional area in the vicinity of Kealakekua from surrounding lands to the north and south which are zoned Agricultural-5 acre (A-5a) and Unplanned (U) and any potential extensive agricultural or orchard uses which may be conducted on these lands. Therefore, the proposed rural-style agricultural development being conveyed by this project would achieve a blend of agricultural/dwelling uses which would be compatible with agricultural uses to the north and south of the project site as well as the non-agricultural uses located mauka in Kealakekua and would ultimately result in an appropriate extension of the rural character of Kealakekua. Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 4 The project site is located directly makai of the town of Kealakekua, as well as within 10 miles from Kailua-Kona, the center of employment and community services for West Hawaii. The availability of employment and community services are only minutes away and would not require a potential resident of the proposed development to journey over many miles to obtain the basic necessities and services so desirable to a residential/agricultural area. The Department of Water Supply has issued the applicant 499 water commitments, and the applicant will be developing other water sources sufficient to support the remaining portion of the proposed entire development. The applicant must provide the development of an adequate water source prior to any Final Subdivision Approval for the 500th and remaining lots within the overall project. The applicant has drilled an irrigation well within the project site to provide brackish water to supplement its golf course irrigation needs. In addition, the provision of on-site retention basins and storage reservoirs within the proposed golf course will provide another supplemental source of irrigation water through the use of excess runoff. In order to ensure water availability, a condition of approval will require that sufficient water commitments be secured for this proposed subdivision under consideration prior to the granting of Final Subdivision Approval for the 500th and remaining lots. Access to the project site is currently provided by Haleki'i Street, a County-maintained roadway with a pavement width of 34 feet within an 80-foot wide right-of-way. According to a Traffic Impact Study conducted by the applicant, current Level Of Service (LOS) for left turns onto the Mamalahoa Highway from Haleki'i Street is LOS E during the a.m. and p.m. peak traffic hours. Right turns are at LOS A during the a.m. and LOS B during the p.m. hours. Traffic along portions of the Mamalahoa Highway north and south of Haleki'i Street operate at LOS E during both the a.m. and p.m. hours. The Study concludes that the traffic signal warrant for this intersection has been marginally met based on existing traffic volumes. In June 1994, as part of Change of Zone Ordinance No. 94-73 for Phase I of the proposed master planned development, the applicant had proposed an alternate access to the development site through the construction of a Mamalahoa Highway Bypass which traverses the site at an elevation of about 800 feet. The applicant originally proposed an alignment for the bypass road which would have begun north of Honalo at Kuakini Highway and terminate at the Mamalahoa Highway/Napo'opo'o Road intersection. Concerns regarding this alignment were raised by members of the community because of potential impacts to certain farm lands near the proposed intersection with Kuakini Highway. Accordingly, the County is recommending that an alternative alignment be developed which would extend Alii Highway from its current Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 5 terminus at Keauhou, to the Mamalahoa Highway/Napo'opo'o Road intersection. The proposed Mamalahoa Highway Bypass is intended to divert through traffic from Mamalahoa Highway and help relieve the current congestion at peak traffic hours. Favorable consideration of this request is subject to the construction, or financial assurance thereof, of the entire Mamalahoa Highway Bypass as a two-lane roadway with sufficient right-of-way to accommodate four lanes, prior to the receipt of Final Subdivision Approval for any portion of the proposed agricultural lot subdivision. The recommendation would also require attendant intersection improvements to the Bypass at its intersections with the Mamalahoa Highway/Napo'opo'o Road and Haleki'i Street. The Director does recognize the need, however, for the applicant to recapture some infrastructure costs for this regional infrastructure system. The massive undertaking of providing a bypass roadway beyond its project boundaries would demand a great amount of "up-front" costs. Therefore, a provision within the conditions of approval would provide for the possible reimbursement from other developers/landowners whom the County determines will benefit from the development of the Mamalahoa Highway Bypass. In order to provide appropriate traffic circulation with the immediate project area, as recommended by the Department of Public Works, the main project access road shall be constructed as a secondary arterial with no direct access by interior subdivision lots. In addition to providing public shoreline access to the northern portion of the project site, the main project access road shall terminate at the project site's northern and southern boundaries as stub-outs to allow for its connection with any future development on the adjoining parcels. Wastewater generated by the proposed development will be accommodated within a wastewater collection, treatment and disposal system meeting with the approval of the State Department of Health. Alternatives being considered by the applicant include an on-site central sewage collection/treatment system which could be built in increments, meeting with the approval of the State Department of Health. A condition of approval is included to ensure compliance with their requirements for the overall development. The State Department of Education (DOE) has stated that "Both Konawaena Elementary and Konawaena High Schools are operating far beyond their capacities" and that "the proposed development will have a severe enrollment impact on the public schools in the area. The 367 residential lots in Phase I of this development will generate a projected 37 students for grades K-5, 7 students for grades 6-8, and 11 students for grades 9-12." The development of Phase 2 will generate a projected 122 students for grades K to 6, 24 students for grades 7 to 8 and 32 students for grades Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 6 9 to 12. As recommended by the DOE, this favorable recommendation will be subject to the applicant participating in any impact fee program the Department of Education adopts. Solid waste generated by the project will be disposed of at the new County Puuanahulu landfill. Transfer stations are located at Keauhou and Napo'opo'o. The applicant is investigating the possibility of establishing a recycling program for the proposed development, in concert with the surrounding community. The State of Hawaii, through Act 324-91, established a waste diversion goal of 25 percent waste diversion by the 1995 and 50 percent by Year 2000. A Solid Waste Management Plan for the proposed development is recommended to assist the County in realizing these goals and is so conditioned. The Flood Insurance Rate Map (FIRM) defines the majority of the project site as being located within an area located outside of the 500-year flood plain (Zone X). However, areas subject to the 100-year frequency flood (Zones A and AE) are located within the project site. All of these flood areas run through the project site in a mauka-makai direction. As recommended by the Department of Public Works, a Flood Study of the project site will be required with all recommended drainage improvements to be provided prior to the issuance of Final Subdivision Approval of the proposed subdivision development as conditioned. An archaeological inventory survey of the entire project site located 807 structural and non-structural features which were subsequently organized into 408 sites and site complexes. Of this total, 161 of these sites are recommended for preservation, 17 sites are recommended for selective preservation, 228 sites are recommended to be available for data recovery and 2 recommended for no further study. Those sites intended for selective preservation include portion of the Kuakini Wall, distinguishable portions of the King's Trail or Ala Loa, the railroad bed and the ahupua'a boundary walls. The applicant intends to preserve the King's Trail or Ala Loa in its present location, with some modifications, including possible breaches, as approved by the Planning Director in consultation with the State Department of Land and Natural Resources (DLNR). Possible burials, if not preserved "as is," will be treated in a manner as prescribed by the DLNR-Historic Preservation Division. A detailed archaeological mitigation and interpretation plan, meeting with the approval of the Planning Department in consultation with the DLNR-Historic Preservation Division, is recommended prior to the submittal of plans for subdivision review or any land alteration activities. Honorable Keiko Bonk-Abramson, Chairwoman and Members of the County Council Page 7 Approval of this request would contribute to a diverse socio-economic housing mix within the region. In this manner, the request would complement the following goals and policies articulated in the Housing Element of the General Plan: * Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. * Attain a diversity of socio-economic housing mix throughout the different parts of the County. * Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. All other essential utilities and services are or will be made available to support the proposed development. Based on the foregoing, approval of the change of zone request from Unplanned (U) to Agricultural-1a (A-1a) would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-87, the North Kona Zone Map, and Section 25-88 (South Kona Zone Map) of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, £ -( Edward E. Crook, Chairman Planning Commission AK:syw LOcean03.PC Enclosures - Note: Large maps and book on file at Clerk' s Office cc: Honorable Stephen K. Yamashiro, Mayor Planning Director Mr. R. T. "Dick" Frye/Oceanside 1250 Mr. James Leonard/PBR Hawaii Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources, Historic Preservation Division Department of Health COUNTY OF HAWAII STATE OF HAWAII BILL NO. 15 8 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) , AND SECTION 25-88 (SOUTH KONA ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT HONUAINO 3RD AND 4TH, HOKUKANO 1ST AND 2ND, HALEKII, KEEKEE 1ST AND 2ND, ILIKAHI, KANAKAU 1ST AND 2ND, KALUKALU 1ST, 2ND AND 3RD AND ONOULI 1ST, NORTH AND SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-9-12 :4 , 11 AND PORTION OF 3 AND 8-1-4 :PORTION OF 3 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honuaino 3rd and 4th, Hokukano 1st and 2nd and Kanueue 1st and 2nd, North Kona, Hawaii shall be Agricultural (A-la) : PARCEL 1: Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 5, 408. 20 feet North and 934 . 23 feet East and running by azimuths measured clockwise from True South: 1. 345° 15' 189 . 91 feet along Grant 2029 to S. W. Makahiki to a point: Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the right with a radius of 470. 00 feet, the chord azimuth and distance being: 2 . 316° 23 ' 15" 424 . 98 feet to a point; 3 . 343° 16' 839. 35 feet along the remainders of Grant 2029 to S. W. Makahiki, Grant 1453 to John Cavanah and Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030. 00 feet, the chord azimuth and distance being: 4 . 329° 59 ' 30" 473 . 03 feet to a point; 5. 316° 43 ' 68 . 92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270. 00 feet, the chord azimuth and distance being: 6. 345° 33 ' 1224 . 95 feet to a point; 7 . 14° 23 ' 350. 20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030. 00 feet, the chord azimuth and distance being: 8 . 354° 32 ' 30" 699. 21 feet to a point; 9 . 334° 42 ' 918 . 92 feet along the remainder of Grant 1587 to John Peters to a point; Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the -2- American Board of Commissioners for Foreign Missions: 10. 66° 00' 770. 00 feet to a point; 11. 74° 30' 930. 00 feet to a point; 12 . 67° 00' 285. 65 feet to a point; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall: 13 . 179° 00' 416.28 feet to a point; 14 . 149° 00' 221. 00 feet to a point; 15. 52° 00' 205. 00 feet to a point; 16. 67° 00' 304 . 00 feet to a point; 17 . 80° 00' 573 . 00 feet to a point; 18 . 102° 00' 259. 00 feet to a point; 19 . 136° 00' 441. 00 feet to a point; 20. 120° 00' 641. 00 feet to a point; 21. 137° 00' 256. 00 feet to a point; 22 . 168° 20' 1123 . 00 feet to a point; 23 . 163° 30' 456. 00 feet to a point; 24 . 206° 00' 214 . 09 feet to a point; 25. 243° 00' 693 .46 feet to a point; 26. 193° 00' 282 . 00 feet to a point; 27 . 222° 00' 513 . 00 feet to a point; 28. 210° 19' 324 . 00 feet to a point; 29 . 198° 00' 497. 68 feet to a point; 30. 181° 00' 307 . 60 feet to a point; 31. 258° 00' 140.74 feet to a point; 32 . 188° 49' 30" 106. 80 feet to a point; -3- 33 . 170° 53 ' 443 . 95 feet to a point; 34 . 268° 39 ' 20. 00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35. 272° 51' 57 . 35 feet to a point; 36. 267° 36' 189. 05 feet to a point; 37 . 269° 43 ' 203 . 15 feet to a point; 38 . 275° 15' 223 . 35 feet to a point; Thence, for the next three (3) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 39 . 268° 14 ' 434. 20 feet to a point; 40. 275° 04 ' 236. 30 feet to a point; 41. 262° 13 ' 206. 40 feet to the point of beginning and containing an area of 383 . 952 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A") . SECTION 2 . Section 25-88, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st, 2nd and 3rd and Onouli 1st, South Kona, Hawaii, shall be Agricultural (A-la) : -4- PARCEL 2 : Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" , being 601. 01 feet North and 2 , 479 . 11 feet East and running by azimuths measured clockwise from True South: 1. 334° 42 ' 342 . 98 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point: Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4 , Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705. 00 feet, the chord azimuth and distance being: 2 . 298° 34' 831.43 feet to a point; 3 . 262° 26' 397. 26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645. 00 feet, the chord azimuth and distance being: 4 . 277° 14' 329 . 53 feet to a point; 5. 292° 02 ' 85. 32 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of -5- 30. 00 feet, the chord azimuth and distance being: 6. 337° 02 ' 42 . 43 feet to a point; 7 . 22° 02' 35. 26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705. 00 feet, the chord azimuth and distance being: 8 . 6° 12 ' 384 . 70 feet to a point; 9. 350° 22 ' 60. 05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645. 00 feet, the chord azimuth and distance being: 10. 6° 42' 30" 362 . 96 feet to a point; 11. 23° 03 ' 162 . 63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius or 705. 00 feet, the chord azimuth and distance being: 12 . 6° 06' 411. 07 feet to a point; 13 . 349° 09' 54 . 98 feet along the remainder of Grant 1464 to Ialua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645. 00 feet, the chord azimuth and distance being: -6- 14 . 3 ° 07' 311. 35 feet to a point; 15 . 17° 05' 307 . 17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point; Thence, following along the remainders of Grant 1576 to Lohi, Grant 1160 to H. N. Greenwell and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130. 00 feet, the chord azimuth and distance being: 16 . 349° 47 ' 1036. 55 feet to a point; 17 . 322° 29' 272 . 49 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870. 00 feet, the chord azimuth and distance being: 18 . 352° 50' 30" 879 . 41 feet to a point; 19 . 23° 12 ' 488 . 09 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 20. 78° 08 ' 30" 958. 38 feet to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: -7- 21. 57° 14' 50" 1532 . 00 feet to a point; Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: 22 . 160° 00' 200. 00 feet to a point; 23 . 149° 00' 452 . 00 feet to a point; 24 . 160° 51' 628. 00 feet to a point; 25. 152° 30' 327. 00 feet to a point; 26. 182° 19' 313 . 00 feet along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27 . 171° 27 ' 400. 00 feet to a point; 28 . 161° 20' 606. 00 feet to a point; 29 . 175° 16' 440. 00 feet to a point; 30. 182° 42 ' 30" 1190. 00 feet to a point; 31. 155° 00' 489. 00 feet to a point; 32 . 181° 00' 353 . 00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; 33 . 153 ° 00' 492 . 00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the -8- r American Board of Commissioners for Foreign Missions to a point; 34 . 179° 00' 126.72 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387 , Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; 35. 247° 00' 285. 65 feet along Grant 1651 to Charles Hall to a point; 36. 254° 30' 930. 00 feet along Grant 1651 to Charles Hall to a point; 37 . 246° 00' 770. 00 feet along Grant 1587 to John Peters to the point of beginning and containing an area of 372 . 010 Acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 3 . These changes in district classification are conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. The effectuation of the water commitment rights in the Kealakekua Source Agreement to the current landowners of the subject properties with the acceptance of the prevailing facilities charge for the 499 units of water by the Department of Water Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" . Prior to approval of the 500th agricultural lot within the development area, the applicant shall secure the -9- necessary "Water Commitments" and comply with the Department of Water Supply's "Water Commitment Policy" for the remaining units of water for the proposed agricultural subdivision and golf course development. D. Subdivision plans for any portion of the agricultural- zoned area under consideration for this change of zone shall be submitted to the Planning Department and Final Subdivision Approval secured within five (5) years from the effective date of this ordinance. E. A wastewater disposal system shall be constructed in a manner meeting with the approval of the State Department of Health and/or the Department of Public Works, whichever is applicable. F. All electrical and communication utilities and systems within the project site shall be placed underground, with the exception of the main 69 KV transmission line from the Mamalahoa Highway to the proposed electrical substation site. G. A Flood Study of the project site shall be submitted to the Planning Department in conjunction with plans submitted for subdivision review for any portion of the agricultural-zoned area within the project site. Drainage improvements shall be constructed in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval for the agricultural subdivision development. H. An archaeological mitigation and interpretation plan shall be prepared and submitted for approval by the Planning Director, in consultation with the Department of Land and Natural Resources-Historic Preservation Division and Hawaiian community organizations, prior to submitting plans for subdivision review. The Plan shall consist of three subplans: (1) an archaeological data recovery plan for the sites to undergo data recovery, (2) a detailed interim protection/preservation plan for the sites to undergo preservation, and (3) an interpretation plan which shall include buffer zones, signage and long-range preservation concerns which may be submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the project area. -10- I. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate area shall cease and the Planning Director shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Director when it finds that sufficient mitigative measures have been taken. J. A solid waste management plan shall be prepared meeting with the approval of the Department of Public Works prior to submitting plans for subdivision review. The Plan shall include, but not be limited to, the management of construction solid waste as well as operating and domestic solid waste generated by the proposed development. Approved recommendations and mitigation measures shall be implemented at a time and in a manner meeting with the approval of the Department of Public Works. K. Roadway improvements and access(es) to the subject property, including all plans and construction, shall meet with the approval of the Department of Public Works. Prior to the issuance of Final Subdivision Approval for any portion of the subject property, the applicant shall: (1) construct the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection; (2) construct the Mamalahoa Highway Bypass in its entirety between the approximate vicinity of Keauhou and Captain Cook, consisting of two lanes with sufficient right-of-way for a total of four lanes. In the process of constructing the bypass, the applicant shall provide the Planning Director with a metes and bounds description of each road right-of-way segment involved and evidence of its ownership or control as deemed necessary by the Planning Director. In lieu of the applicant obtaining or acquiring ownership or control of any segment of the Mamalahoa Highway Bypass, the requirement shall be deemed fulfilled upon the county's formal initiation of condemnation action(s) for such segments and an agreement has been entered into between the applicant and the county providing for the applicant's reimbursement to the county for the acquisition of the lands condemned; -11- (3) construct the extension of Haleki'i Street through the subject property as generally reflected in Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street, with a barricade or breakaway gate meeting with the requirements of the Department of Public Works shall be installed by the applicant as part of the required Haleki'i Street improvements. The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; and (4) provide roadway stub-outs, generally shown in Exhibit "B", to provide future connections between the subject property and the adjacent properties to the north and south; provided that such stubouts shall be constructed in accordance with the construction phasing as approved by the Department of Public Works. L. The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the Department of Public Works. M. The applicant shall provide a landscape buffer along highway sections within five hundred (500) feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on residents therein and to generally beautify the highway appearance in such locations. N. The applicant may enter into a reimbursement agreement with the county which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds are available to the county for such purpose; and provided that the total amount of reimbursement due to the applicant -12- shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to the subject property. O. In lieu of actual construction of infrastructural improvements as required under Conditions E, G, J, and K, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the county that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and approved by the Corporation Counsel. Upon execution of such agreement and filing of the security with the county, if applicable, Final Subdivision Approval for the subject property or portions thereof shall be granted prior to the actual construction of required infrastructural improvements. P. The Applicant shall conform, to the best extent practicable, with the guidelines as provided in the State Model Energy Code, in the construction of dwellings within the project site. Q. Comply with all applicable laws, rules, regulations and requirements, including those of the Department of Health, Fire, State Department of Education and the Department of Water Supply. R. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. S. An annual progress report shall be submitted to the Planning Director prior to each anniversary date of the approval of this change of zone. The report shall address in detail the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. T. An extension of time for the performance of conditions within the ordinance, with the exception of Condition C, may be granted by the Planning Director upon the following circumstances: -13- (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 be contrary to the General Plan or Zoning Code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e. , a condition to be performed within one year may be extended for up to one additional year) ; and (5) should the Applicant require an additional extension of time, the Planning Director 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 Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 4 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -14- SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: E E1 ?ENCE: Comm. 734 APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -15- tY--OFH•.... BARBARA BELL KAIPO KINCAID County Clerk ' Deputy County Clerk CONSTANCE R.KIRIU '•.`rr'•°'+",: 'oF*,+t-4 Legislative Auditor '�E ►' OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building 25 Aupuni Street Hilo,Hawaii 96720 NOTE On Bill No. 158 , reference is made to Exhibit "A, " map attached hereto. Because of its large size, said attachment is not part of the duplicate copies of this Bill, but is available for viewing in the Office of the County Clerk. If further information is needed, call 961-8255 . Barbara Bell County Clerk BOCEANO2.RHY-9/2/95 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT OCEANSIDE 1250 CHANGE OF ZONE APPLICATION (REZ 95-12) uck■ 4 ul . : , ' : u - I ► uc - OCEANSIDE 1250 is requesting the following: (a) Change of Zone for approximately 756 acres of land from Unplanned (U) to Agricultural-1 acre (A-1a) zoned district; and (b) Special Management Area (SMA) Use Permit to allow the development of portions of the proposed 400-lot agricultural subdivision and related infrastructure improvements and facilities on approximately 110 acres of land. The applications represent a portion (Phase II) of the approximately 1,540 acres master planned community known as the Villages of Hokukano. The property is located makai of Mamalahoa Highway and Kealakekua Village, Haleki'i, Keekee, North and South Kona, Hawaii, TMK: 7-9-12: 4,11 & Portion of 3; and 8-1-04: Portion of 3. GENERAL INFORMATION Chronology - 1. April 1975 through May 1993 - Five separate consolidation and re-subdivision actions occurred on the affected properties which resulted in various reconfigurations of the parcels (Subdivision Nos. 3569, 3734, 4849, 6068 & 6275). 2. October 24, 1984 - The Planning Commission approved a request by Red Hill Joint Venture for an SMA Use Permit (SMA No. 214) to allow the development of a portion of a 98-lot subdivision, consisting of lots ranging from 5 to 10 acres in size, within a portion of the project site identified by TMK: 7-9-12: 3. Within the 98-lot subdivision, ATTACHMENT COIM. 734/BILL 158 only 29 lots were located within the SMA. Of the 29 lots located within the SMA, two lots were to be maintained in their natural state. Approval of SMA Use Permit No. 214 was subject, in part, to conditions of approval that required: a) provision of a water source to support the proposed development; b) approval of an intensive archaeological survey of the SMA and implementation of its recommended mitigative measures; and c) approval of a public access plan and the securing of relevant approvals to implement its recommendations. 3. November 17, 1986 - Time extension request previously submitted on October 18, 1985 was withdrawn by Mr. Lyle Anderson and, at his request, SMA Use Permit No. 214 was nullified. 4. October 27, 1993 - The Planning Commission approved a request by Oceanside 1250 for a Use Permit (UP No. 115) and an SMA Use Permit (SMA No. 345) to allow development of a 27-hole golf course, golf clubhouse and related facilities, driving range, and related improvements. The SMA Use Permit also allowed for certain public shoreline access related improvements. 5. June 28, 1994 - Effective date of Ordinance No. 94-73 changing the zoning district classification for the mauka area (Phase I) of the property, approximately 684 acres, from Unplanned (U) and Agricultural (A-5a) to Agricultural (A-la). 6. July 1, 1994 - A lawsuit was filed against the County of Hawaii (Civil No. 94-169K) seeking to invalidate Ordinance No. 94-73. Oceanside and the State of Hawaii were added as party defendants on November 16, 1994. The lawsuit is currently pending in the Third Circuit Court (Kona). -2- 7. June 7, 1995 - An additional consolidation and resubdivision action which resulted in a reconfiguration of the certain parcels on subject and adjacent properties (Subdivision No. 94-133). Landownership 8. Landownership: The Applicant owns TMK: 7-9-12: 3 and 8-1-04: 3 in fee. The remaining parcels are owned by Ackerman Ranch, Inc., and leased to Lyle Anderson, now assigned to 1250 Oceanside Partners (dba Oceanside 1250). 9. The State of Hawaii has indicated it has probable cause for claiming ownership of a public road right-of-way that traverses over and across Grant No. 1651 and is encumbered as a road easement. This road easement is identified as the "Old Government Road" and referred to within the subject applications as the "Ala Loa" or "King's Trail". By letter dated June 5, 1995 (See Exhibit A), the State Department of Land and Natural Resources (DLNR) has consented to the processing of these applications. Master Planned Development 10. Development Theme: The proposed overall Villages at Hokukano development consists of approximately 1,540 acres and is envisioned by the Applicant as a "master planned low density community focused, in part, on a 27-hole Jack Nicklaus designed golf course." The development plan initially consisted of the following components: a. a maximum of approximately 1,440 predominantly single family residential units ranging in density from 5 units per acre to 1 unit per 3 acres; -3- b. a 27-hole golf course, golf clubhouse driving range and 100-unit members lodge; and c. a historic park area located within the State Land Use Conservation District. Public shoreline access, parking and hiking trails would be integrated with a program for historical interpretation of the many archaeological features within the Conservation District area and the project site. The Villages at Hokukano was proposed to be developed in two phases. Phase I included the development of approximately 367 single family residential/agricultural lots ranging in size from 1 to 3 acres within the mauka portion of the entire project site and a 27-hole golf course, golf clubhouse, driving range and related facilities within the makai portion. Phase II consisted of approximately 1,073 predominantly single family residential units and a 100-unit golf members' lodge, as market forces dictate. 11. Revised Development: The Applicant has since downsized the entire project to approximately 810 units. According to the current development plan, the Villages at Hokukano would consist of the following components: a. Approximately 730 lots ranging in size from 1 acre to approximately 3 acres; b. A 27-hole golf course, golf clubhouse, driving range and 80-unit members' lodge; and c. A historic park area located within the State Land Use Conservation District. Public shoreline access, parking and hiking trails will be integrated with a program for historical interpretation of the many archaeological features within the Conservation District area and the master planned site. -4- SMA Use Permit No. 345 and Use Permit No. 115 were approved by the Planning Commission for the construction of the 27-hole golf course, golf clubhouse, driving range, public shoreline access and related improvements. Subsequently, Ordinance No. 94-73 was approved by the County Council for 684 acres of land for the proposed agricultural/residential subdivision on the mauka portion of the project site. APPLICANT'S REQUEST Change of Zone Application 12. Request: The Applicant is requesting a change of zone for approximately 756 acres of land from an Unplanned (U) to Agricultural-1 acre (A-1a) zoned district. The proposed change of zone would affect the makai portion of the 1,540-acre project site. (See Exhibit B) 13. Proposed Development/Schedule: The change of zone, should it be approved, would allow the second phase of residential/agricultural development for an approximately 400-lot agricultural subdivision consisting of lots ranging in size from 1 to 3 acres. Development of the agricultural subdivision is anticipated to begin in 1996 or 1997 and completed within 20 years when buildout of the proposed subdivision is anticipated. Special Management Area Use Permit 14. Affected Area: The SMA encumbers approximately 415 acres along the coastal portion of the project site, exclusive of lands located within the State Land Use Conservation District. 15. Request: The Applicant is requesting an SMA Use Permit to allow the construction of portions of the proposed subdivision and related infrastructure and facilities within the -5- • SMA. Approximately 110 acres of the total 450 acres within the SMA would be impacted by the proposed subdivision. (See Exhibit C) 16. Specific Improvements within SMA: a) Subdivision of the petition area into large lot parcels and subsequent subdivisions into lots of one acre or larger. b) Construction of approximately 100 agricultural lots and related dwelling units, consisting of that portion of the project situated within the County SMA. c) Construction of related infrastructure improvements (roadways, water, sewer, drainage, and electrical). Specific location and details regarding infrastructure improvements will be identified in the proposed subdivision related infrastructure plans to be submitted at a later date. d) Provisions of landscape improvements associated with onsite infrastructure. e) Construction of trails, signs, and landscape improvements associated with implementation of an archaeological preservation program within the petition area. f) Preparation and operation of portions of the area for agricultural use. APPLICANT'S STATEMENT 17. In support of the request, the Applicant submitted, in part, the following: "This Change of Zone application covers the second increment of residential/agricultural development for the low density, master planned community. The requested change of zone is to allow for approximately 400 one to three-acre residential/agricultural lots with associated dwellings and agricultural uses, which -6- would be developed on approximately 756 acres in the lower portion of the subject property. An SMA Use Permit application to allow for portions of the proposed development that occur within the County designated SMA zone is being submitted to the County concurrently with this application. In the future, additional applications will be submitted to the County to allow for subsequent phases of development, including the members' lodge, shoreline park improvements, and other project related facilities." 18. In further support of the request, the applicant submitted a Change of Zone Application and a SMA Use Permit Application. COUNTY AND STATE PLANS 19. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agricultural and Orchard with a portion along the coastal area designated as Open. Orchard-designated lands are located within the northern and southern portions of the project site and Extensive Agricultural-designated lands run mauka-makai through the middle of the property. 20. State Land Use Classification: The project site is located within the Agricultural District, with the exception of approximately 140 acres of land along the coastal portion of the project site, which is located within the Conservation District. 21. County Zoning: The upper portion of the project site, consisting of approximately 684 acres, is zoned Agricultural-1 acre (A-la) and the remainder is zoned Unplanned (U). -7- 22. SMA: A portion of the project site is located within the County's SMA. The mauka boundary of the SMA is delineated by the general alignment of the Old Government Road which traverses the entire project site in a generally north-south alignment. 23. Chapter 343, Hawaii Revised Statutes (HRS): The proposed development of the Villages at Hokukano is not subject to the requirements of Chapter 343, HRS. However, a Draft Environmental Impact Statement was published in the June 23 and July 8 & 23, 1993, OEQC Bulletin. Subsequently, a Final Environmental Impact Statement was published in the October 8, 1993, OEQC Bulletin. DESCRIPTION OF THE PROJECT SITE AND SURROUNDING AREA 24. Topography: The project site lies at an elevation of between 20 to 1,250 feet above mean sea level. Generally, the average slope of the property is 10 percent, with steeper slopes exceeding 15 percent associated with gullies and rock outcroppings. 25. Temperature: The mean annual temperature for the subject area is 74 degrees Fahrenheit. 26. Wind: Wind velocities range from 7 to 8 miles per hour, with diurnal wind patterns prevailing onshore in the morning and early afternoon, and offshore in the late afternoon and evening. 27. Rainfall: The affected region has a mean annual rainfall of about 50 inches. 28. Soil Conservation Service Soil Survey Report: The Soil Survey Report classifies soils within the project site as: a) Kainaliu very stony silty clay loam (KDD), 12 to 20 percent slopes. Within the project site, this soil is located immediately mauka of Red Hill, as well as -8- along the project site's southern boundary. This soil consist of well-drained, silty clay loams that formed in volcanic ash. Permeability is rapid, runoff is slow and the erosion hazard is slight. This soil generally follows the long narrow patterns of lava flows, but can be isolated and surrounded by more recent flows. This soil type is generally used for coffee, macadamia nuts and pasture. b) Waiaha extremely stony silt loam (WHC), 6 to 12 percent slopes. This soil is used for pasture and is the predominant soil within the project site. This soil consists of well-drained silt loams that formed in volcanic ash. Permeability is moderately rapid, runoff is slow and the erosion hazard is slight. c) Kaimu extremely stony peat (rKED), 6 to 20 percent slopes. This soil, which is confined to the northeastern corner of the project site, consists of well- drained, thin organic soil over A'a Lava. Permeability is rapid, runoff is slow, and the erosion hazard slight. This soil is not suitable for cultivation, however, some small areas can be used for pasture, macadamia nuts, papaya, and citrus fruits. d) Pahoehoe lava (rLW), a "miscellaneous land type". This soil occupies the middle of the project site in a mauka-makai direction from sea level to about the 800-foot elevation. Although this lava often has a billowy, glassy surface, it can also be rough and broken. There is no soil covering and is typically bare of vegetation except for mosses and lichens. -9- • • 29. Flood Insurance Rate Map (FIRM): The majority of the project site is located within an area located outside of the 500-year flood plain (Zone X). However, some areas that are subject to the 100-year frequency flood (Zones A and AE) are located within the project site. An area defined as Zone A (base flood elevation not determined) runs along the northern boundary of the project site. Another area designated Zone A traverses the project site near the southern project site boundary. Areas designated as Flood Zone AE (base flood elevations determined) traverses midway into the southern half of the project site with another area running along the southern property line. All of these flood areas run through the project site in a mauka-makai direction. 30. Surrounding Land Uses: To the north and south of the project site are vacant lands and agricultural uses on lands zoned Agricultural - 5 acres (A-5a) and Unplanned (U). To the east (mauka) are Kona Scenic Subdivision and Keekee Estates, both of which are single family residential subdivisions on lands zoned Single Family Residential (RS- 10, RS-15) by the County. The town of Kealakekua is also located mauka of the project site along the Mamalahoa Highway with Napo'opo'o Road, leading to Kealakekua Bay, located approximately two miles to the south. In the Kealakekua Village area, there are a variety of urban uses, such as restaurants, retail stores, banks, services, offices, schools, etc. IMPACTS TO RESOURCES AND PROPOSED MITIGATION Agricultural Resources 31. Land Study Bureau's Detailed Land Classification System: Lands within the northern and southern portions of the project site are predominantly classified as "D" -10- or "Poor". Soils within the middle portion of the project site comprising predominantly of lava flows are classified as "E" or "Very Poor". 32. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: The majority of the project site is unclassified by the ALISH system. There are isolated pockets of lands designated as "Other Important Agricultural Lands" within the northwest corner of the project site, within an area immediately mauka of Red Hill, and along the southern boundary. "Other Important Agricultural Lands" are lands other than "Prime" or "Unique" agricultural lands which are of statewide or local importance for agricultural uses. 33. Mitigation Measures: To provide for and support agricultural activities on agriculturally zoned land, the developer plans to implement a program for integrating appropriate agricultural activities on portions of the one to three acre agricultural zoned lots in a manner that would allow for an efficient management operation for select crops and/or orchard uses through proper planning and by providing the necessary capital, infrastructure and site preparation needed to support agricultural activity in this area. In total, the developer plans to add approximately 145 acres of land that is not in agriculture crops at this time, to productive agricultural use. With the extension of the proposed A-la zoning to the makai portion of the property, the agricultural program proposed as part of the mauka subdivision would be extended to the makai area. The agricultural zones would be configured to allow for ease of access and provide for the practical and efficient agricultural use of the land for floraculture, orchards, or other agricultural uses. -11- • Natural Hazards 34. Lava Flow Hazard: The project site is located within Lava Flow Hazard Zone 3 on a scale of 1 (most hazardous) to 9 (least hazardous). Zone 3 defines areas of which less than 5 percent have been covered by lava since 1800 but more than 75 percent in the last 750 years. 35. Seismic Hazard: The entire island of Hawaii is within earthquake Zone 3, which is the zone of highest seismic occurrence and danger. 36. Tsunami Hazard: While coastal areas are subject to potential tsunami inundation (Zones AE and VE), the project site should not be impacted due to its location roughly 300 feet from the shoreline and at an elevation of more than 20 feet above mean sea level. Floral and Faunal Resources 37. Botanical: A "Botanical Survey Report of the Hokukano Lands" was performed by Evangeline J. Funk, Ph.D. in November, 1991. No proposed or listed candidate of rare, threatened or endangered plant species were found within the project site. The survey found five vegetation types: (A) Prosopis/Mixed Grass Understory, (B) Koa Haole/Prosopis Scrub, (C) Kukui Scrub, (D) Lantana/Schinus Scrub, and (D) Planted Monkeypods. The Prosopis/Mixed Grass Understory, the most common vegetation type within the project site, consist primarily of the Prosopis tree, African grass, buffelgrass, sandbur grass and other grass species which occur from coastal areas to an elevation of about 700 feet. The Koa Haole/Prosopis Scrub is the second most common vegetation type occurring in the central part of the project site. Within this -12- area were found three wili wili trees and the only native plant species, a colony of the native Euphorb and 'Akoko (Chameaesyce celastroides) within an area mauka of Pu'u Ohau at the 470 foot elevation. Within this colony was found a single individual of Maiapilo or Hawaiian Caper (Capparis sandwichiana DC). 38. Mitigative Measures: The Applicant has noted that the existing flora will be impacted by site preparation activities associated with the proposed development and its associated infrastructure. As mitigative measures, the Applicant will consider, whenever practicable, the use of native plant material for landscaping in and around the golf course. The native species, such as the Euphorbs, Wiliwili trees, and the single Capparis, would be preserved or propagated and used in the landscaping plan to the furthest extent practical. Many of the Prosopis trees could also be saved and moved to places where they will provide quick shade. 39. Faunal: A "Survey of the Avifaunal and Feral Mammals at Hokukano" was prepared by Phillip L. Bruner in October, 1991. According to the survey, existing fauna typically consists of introduced species that are transient in nature. In addition, no unique wildlife habitat was discovered within the project site. While no endemic species of fauna was found, introduced species consisted of mongoose, cardinal, barred dove, spotted dove, mynah bird, golden plover, house sparrows; feral dogs, cats and pigs; and rodents. Endemic birds, such as the short-eared owl or Pueo and the Hawaiian Hawk or I'o may forage within this region. 40. Mitigative Measures: The Applicant acknowledges that development of the project site will disrupt wildlife use of the site. However, the Applicant anticipates that -13- completion of the proposed development will "contribute to increased habitat diversity necessary for the fauna which are present or frequent the area" due to the availability of formal open landscaping and water features associated with the golf course. Nearshore Marine Environment 41. A Quantitative Assessment of the Marine Communities and Water Quality was completed in April 1992 by Richard Brock, Ph. D. The Study concluded that "In general the marine communities resident to the waters fronting the Hokukano project site are diverse and the fish communities do not show the declines in abundance that have been encountered in many other Hawaiian coastal settings in recent years. No unusual marine species or communities were noted in the study area. No threatened or endangered species were encountered within the study area, however, several humpback whales were noted well offshore of the site during the March 1992 field effort. Despite not seeing green turtles (a threatened species), it is expected that turtles must, at a minimum, pass through the waters fronting the property. 42. Coastal water quality characteristics were examined at 24 sites, one of which was a brackish water pool; the remaining stations sampled were within the marine waters. Based on this analysis, the waters fronting the project site are typical of well-flushed, undeveloped West Hawaii coastal settings. 43. Mitigative Measures: The Study concluded that impact to the marine communities is greatest during the construction phase of the proposed development. Operation of the development could later change the groundwater chemistry which may impact the marine biota. However, based on long term water quality studies conducted along the -14- . coast at Waikoloa, groundwater chemistry changes for such developed areas involve increases in the concentration of inorganic nutrients, which fall within the ranges found in other non-developed areas of West Hawaii. No pesticides and herbicides were detected in water, sediment or in organisms. These long term studies have also been unable to detect any quantifiable change in the aquatic biota resident to the Waikoloa area. The Study recommends that if prudent construction techniques are used (i.e., removing vegetation only as immediately needed, use of temporary settlement basins, etc.), the opportunity for negative impact due to sedimentation would be low. In accordance with SMA Use Permit No. 345, the Applicant is required to implement a marine quality monitoring plan prior to construction. The program will monitor any significant changes to the marine environment and, if any are detected, implement appropriate mitigation measures for arresting and reversing the conditions. Ongoing monitoring will ensure the effectiveness of these measures. The Applicant also notes that a storm water permit application meeting National Pollutant Discharge Elimination System (NPDES) requirements will be submitted to the State Department of Health (DOH) for approval prior to any construction activities. Additionally, per County requirements, erosion and sedimentation control plans will be submitted with all grading plans. Air Quality 44. An Air Quality Study dated December 1992 by B. D. Neal & Associates concluded that proper implementation of the project will not cause the exceedance of state or federal air quality standards, although there are certain minor impacts that may be -15- realized. Short term impacts from fugitive dust during project construction phases will likely occur. Uncontrolled fugitive dust emissions are estimated to amount to 1.2 tons per acre per month. To a lesser extent, emissions from engine exhausts will also occur during project construction phases from both stationary and mobile construction equipment, vehicles used by construction workers, and from the disruption of traffic. 45. Mitigation Measures: The Study recommended that an effective dust control program be established during construction phases, which could include watering of active work sites and unpaved roads, the use of wind screens, covering of open bodied trucks, limiting area to be disturbed at any given time and/or mulching or chemically stabilizing inactive areas, among other control measures. Potential long term air pollution impacts could potentially occur indirectly from increased motor vehicle traffic associated with the project. An air quality modeling study was conducted to estimate current maximum ambient concentrations of carbon monoxide along roadways leading to and from the project site as well as predicting future levels (years 2005 and 2010) of carbon monoxide emissions with or without the project. The modeling found that emissions would remain within national ambient air quality standards with or without the proposed development. However, there is the potential that State standards for carbon monoxide, which are much stricter than Federal standards, may be exceeded at some point in the future near the proposed intersections with Mamalahoa Highway Bypass Road. However, the Study noted that because State standards are set so low they may be currently exceeded at many intersections throughout the State, even for those intersections with moderate traffic volumes. Emissions from the electrical power -16- Y and solid waste requirements of the proposed development are anticipated to be small. Energy conservation and recycling measures within the project may reduce any impacts. The use of pesticides on golf courses would comply with safety guidelines for the spraying of chemicals. The Applicant intends to utilize shrouded spray equipment fitted with computerized flow controllers, establish a 100-foot buffer between target spray areas and populated locations, and the planting of vegetation screens along golf course perimeter. This should mitigate potential air quality impacts from this activity. Cultural/Historical Resources 46. An Archaeological Inventory Survey and Limited Subsurface Testing of the entire property was conducted by Cultural Surveys Hawaii from August 20, 1991 to January 17, 1992, with a survey report completed in July 1992. Additional revisions and clarifications as requested by the Department of Land and Natural Resources - State Historic Preservation Division are being incorporated by Cultural Surveys Hawaii within a Final Survey Report, which is expected to be submitted in September 1995. Within the full property, 807 structural and non-structural features were identified and subsequently organized into 408 sites and site complexes. Of this total, 161 sites are recommended for preservation, 17 sites are recommended for selective preservation, 228 sites are recommended to be available for data recovery, and 2 recommended for no further study. Their findings were supported by limited subsurface testing conducted at nine probable and possible burial sites, at one agricultural mound complex, and within two extensive lava tube systems. -17- . 47. Specific Archaeological Features: The Survey located evidence of features associated with the Kona Field System, primarily the rectangular walled fields formed by kua'iwi walls. Other features associated with the walled fields consist of intermittent mound concentrations, terraces and modified outcrops. The Survey noted that historic and modern land modifications, such as chain-dragging, bulldozing and other activities associated with cattle ranching, sugar cane and urban activities have apparently destroyed much of the field system within the area. Fourteen sites within the property were interpreted to be possible heiau or shrine structures, with one major structure, which has been referred to as "Ukanipo". 48. Mitigation Measures: The Applicant will implement one of three forms of mitigation: a) preservation, b) data recovery, or c) do nothing. Those sites which are recommended for selective preservation include portions of the Great Wall of Kuakini, distinguishable portions of the King's Trail/Ala Loa, the railroad bed and the ahupua'a boundary walls. Preservation is recommended for all confirmed burial sites, all confirmed and probable heiaus, and all major lava tubes. The Applicant intends to preserve the King's Trail/Ala Loa in its present location, with slight modifications, if necessary. Subject to DLNR approval, in areas where there is no evidence of the trail, it will be re-established in the general area where it was believed to be located based on existing map information, historical references and compatibility with the proposed development. Where the trail intersects with project roadways, appropriate signage and alternative road pavement treatment could be used. Possible burials, if not preserved "as is", will be treated in a manner as prescribed by the State DLNR - -18- Historic Preservation Division. Mitigative measures, as recommended by the consulting archaeologist, will be subject to the approval of the DLNR and will be adhered to by the Applicant. Water Resources 49. An Evaluation of Water Resources for Hokukano Project was conducted by Waimea Water Services, Inc. in December 1992. Hydrological studies based on an exploratory well constructed onsite near the 800-foot elevation indicates that groundwater flow through the subject properties to the sea is estimated to be in the range of 4 to 6 million gallons per day (mgd) with total chloride levels of about 340 milligrams per liter (mg/1). The Study concludes that the "estimated groundwater flow and quality appears more than adequate to support the irrigation water needs of the [entire Villages at Hokukano] project." 50. Potable water from an onsite well is most probable near the 1,200-foot elevation or approximately 1.75 miles from the shoreline. At this elevation, the basal water level should stand at an elevation in excess of 4 feet above sea level. The Study also cites a possibility that high level groundwater, which is present at wells located makaa of the Mamalahoa Highway, also extends makai of the highway at the upper elevations within the project site. Drainage System 51. A Preliminary Engineering Study for Sewage and Drainage Infrastructure System was performed by R. M. Towill Corporation in January 1992. According to the Study, onsite drainage systems will consist primarily of drywells to dispose of runoff -19- .1 generated from roads and golf course retention/infiltration basins. Siltation basins will be constructed as required to control runoff water quality. Runoff generated from rainfall on the golf course will be retained by bowl-shaped fairways and tile drainage system to direct water into irrigation holding ponds for reuse as irrigation. PUBLIC FACILITIES AND SERVICES Access 52. Access to the project site from the Mamalahoa Highway is currently provided off of Haleki'i Street, which has a pavement width of approximately 34 feet with gutters and sidewalks within an 80-foot wide right-of-way. At its intersection with the Mamalahoa Highway, Haleki'i Street is channelized as a "T" intersection with separate left and right turn lanes. 53. A Traffic Impact Study was prepared by Parsons Brinkerhoff Quade & Douglas, Inc. in January 1993. According to the Study, current Level Of Service (LOS) for left turns onto the Mamalahoa Highway from Haleki'i Street is LOS E during the A.M. and P.M. peak traffic hours. Right turns are at LOS A during the A.M. and LOS B during the P.M. hours. Traffic along portions of the Mamalahoa Highway north and south of Haleki'i Street operate at LOS E during both the A.M. and P.M. hours. The Study concludes that the traffic signal warrant for this intersection has been marginally met based on existing traffic volumes. According to the Study, development of 400 homes within the proposed agricultural lot subdivision will generate approximately 71 "in- trips" and 80 "out-trips during the A.M. hours and 107 "in-trips" and 120 "out-trips" during the P.M. hours. -20- Y 54. Mamalahoa Highway Bypass: At the time of the previous applications to the Planning Commission for Phase I of development (project golf course and agricultural lot subdivision of the mauka portion approximately 684 acres), the Applicant had proposed an alignment for the bypass road, which would begin north of Honalo (near Higashihara Park) at Kuakini Highway and terminate at the Napo'opo'o Road intersection by tying back to the existing Mamalahoa Highway. This alignment was opposed by certain members of the community because of the potential impact to certain farm lands near the proposed intersection with Kuakini Highway. Based on input from meetings with community members and the County's Departments of Planning and Public Works, an alternate alignment is being proposed (See Exhibit D- DPW January 4, 1994 Letter). This alignment would extend Ali'i Highway from its current terminus at Keauhou, to Mamalahoa Highway at the junction with Napo'opo'o Road (See Exhibit E). Condition L of Ordinance No. 94-73, which changed the zoning for the mauka portion, approximately 684 acres of the property, requires that the Applicant complete construction of the first phase of the Mamalahoa Bypass from its northern terminus to the project site prior to Final Subdivision Approval for any portion of the mauka area. Ordinance No. 94-73 further requires that the Applicant complete the remainder of the Mamalahoa Highway Bypass, from the project site to its southern terminus at Mamalahoa Highway, prior to Final Subdivision Approval for any portion within the area covered in this Change of Zone Application. That is, before the first subdivision within the makai portion, except for the golf course, golf clubhouse, lodge, and related -21- a N facilities. Ordinance No. 94-73 also requires the Applicant to construct the channelization and signalization of the Mamalahoa Highway/Haleki'i Street intersection prior to issuance of Final Subdivision approval for any portion of the subject property. The proposed Bypass Highway, to be initially a two-lane roadway with sufficient right- of-way to accommodate four lanes, is intended to divert through traffic from Mamalahoa Highway and relieve the current congestion at peak traffic hours within Kealakekua. The Study anticipates that the proposed development will generate 297 additional trips during the A.M. peak hour and 412 additional trips during the P.M. peak hour. The Study concludes that the Bypass Highway will reduce traffic volumes along the Mamalahoa Highway, thereby improving operating conditions at the existing Hale ki'i Street-Mamalahoa Highway intersection. The Study further concludes that if forecasted conditions are realized, improving the Bypass Highway to a four-lane road is recommended by the year 2005, and signalization of the Haleki'i Street-Bypass Highway intersection may be warranted to facilitate left-turn movements. All approaches to the Haleki'i Street-Bypass Highway intersection are recommended to have separate through and turn lanes. 55. The Hawaii County General Plan Facilities Map reflects a road that would traverse the project site in a mauka-makai direction from Haleki'i Street, then turn north as a "mid-level" road that proceeds beyond the project site's northern boundaries to eventually tie-in with the proposed Ali'i Highway alignment (See Exhibit F). This Ali'i Highway-Haleki'i Street alignment is emulated by the Applicant's main project access road. -22- Water 56. Potable water to support the initial phases of development will be provided by the existing County of Hawaii North Kona Water System through the issuance of 499 water commitments under the Kealakekua Water Source Agreement. An 8-inch transmission line is located along Haleki'i Street and the Mamalahoa Highway and is fed by a 0.25 million gallon reservoir above Kealakekua. To support the proposed Phase H development, the Applicant has secured options for two potential well sites located at the 1,200-foot elevation on adjacent properties. The Applicant indicates that additional well sources, should these be needed, would likely be turned over to the County to be operated as part of the North and South Kona system. 57. Non-Potable Water: The Applicant is exploring several water source development alternatives for non-potable/irrigation water. A test well has been drilled at the 800-foot elevation within the project site and is intended to serve as a brackish irrigation source. Chloride levels were found to be about 340 mg/1, exceeding the desirable 250 mg/1 maximum chloride level for potable water. With the provision of onsite retention basins and storage reservoirs within the golf course, the Applicant is exploring the potential to mix brackish water with surface runoff, treated sewage effluent, and any excess surface water collected within the golf course fairways and roughs for use as irrigation water. Additional irrigation well development is also being pursued. According to the Applicant, the proposed golf course is anticipated to require approximately 900,000 gallons of irrigation water per day. -23- Wastewater Treatment and Disposal 58. Wastewater generated by the proposed development will be accommodated within a wastewater collection, treatment and disposal system meeting with the approval of the State DOH. Alternatives being considered by the Applicant include an onsite central sewage collection/treatment system, which could be built in increments. Solid Waste 59. Solid waste generated by the project will be disposed of at the new County Puuanahulu landfill. Transfer stations are located at Keauhou and Napo'opo'o. Other Public Utilities and Services 60. Electrical power will be supplied by HELCO via a 69 KV overhead transmission line located along the Mamalahoa Highway. A substation may be required. The projected electrical demand for the proposed development will require approximately 5.8 megawatts at build-out. 61. Police and Fire Services are located in Captain Cook located less than 3 miles south of the project site. A 24-hour emergency ambulance service is provided in conjunction with the Fire Station. 62. Konawaena Elementary School and High School are both located in Kealakekua. A new elementary school is also being planned for the general area, although specific details about its development are uncertain at this time. 63. Medical services are provided at Kona Hospital, located less than one-half mile mauka of the project site in Kealakekua. Acute and emergency care are provided at the facility. -24- 4 64. Recreational facilities are provided at Kealakekua Bay Historic Park, which is located approximately seven miles to the south of the project site. Swimming, snorkeling, hiking activities and picnic facilities are available at the park. Additional park facilities in the area include the five-acre Kona Scenic Park which is located along the mauka boundary of the project site, and Higashihara Park, located approximately 2.5 miles north of the project site. The Applicant is also required, per the conditions of Ordinance No. 94-73, to provide two acres toward the expansion of Kona Scenic Park and establishing approximately 140 acres within the State Conservation District as a public shoreline park. 65. All other essential utilities and services are or will be made available to the project site. AGENCY COMMENTS 66. State Department of Health: (SEE Exhibit G - Letter Dated JULY 26, 1995) 67. State Department of Education: (SEE Exhibit H - Letter Dated JULY 3, 1995) (SEE Exhibit I - Applicant's Response Letter Dated AUGUST 4, 1995) 68. Office of State Planning: (SEE Exhibit J - Letter Dated JULY 20, 1995) 69. State Department of Transportation (August 1, 1995 Letter): "The proposed development will have an adverse impact on our State transportation facilities. Further development should not proceed until a new two-lane bypass -25- highway is built between Napo'opo'o Road and Kuakini Highway. County of Hawaii Ordinance 94-73 required the developer for the Villages at Hokukano to provide or finance the right-of-way and incremental construction of the new two-lane bypass as a condition for subdivision approval. To date, the developer has not proposed a highway bypass alignment acceptable to the State Highways Division." 70. Department of Water Supply (July 27, 1995 Memorandum): "We have reviewed the subject applications for the proposed Phase 2 810-unit development. "Please be informed that through the Kealakekua Source Agreement, the applicant has. obtained the rights to a water commitment for 499 units of water at a maximum allotment of 600 gallons per day per unit for a total maximum allotment of 299,400 gallons per day for Phase I. However, as of this date, the applicant has not remitted the required prevailing facilities charge of$1,347,200.00 at $2,700.00 a unit to effectuate this commitment. "In order to effectuate the water commitment for the proposed development, the following is required: 1. Remit the prevailing facilities charge, which is subject to change, of $1,347,300.00 for the 499 units of water for Phase I. 2. Pursue the development of an adequate water source for the remaining 810 units in the Phase 2 portion of the development. "Upon compliance with the above, we will submit our comments and requirements for obtaining approval for the subject application." -26- 71. Fire Department: (SEE Exhibit K - Letter Dated JUNE 26, 1995) (SEE Exhibit L - Applicant's Response Letter Dated JULY 31, 1995) 72. Department of Finance, Real Property Tax: "The above referenced parcels are subject to a deferred tax in the event of a subdivision into parcel sizes of five acres or less. The amount of the rollback or deferred tax is based on the difference between the preferential agricultural use assessment and how the land would have been assessed with no agricultural use assessment. In addition to the tax there is a ten percent penalty. The maximum term of the rollback is ten years." 73. Police Department (June 22, 1995 Memorandum): "The above Change of Zone and Special Management Area Use Permit applications have been reviewed by Captain John Vares, Commander of our Kona Patrol District, and he agrees that Mamalahoa Highway and Haleki'i Street will need to be widened and rechannelized to handle traffic. He will provide additional comments when the draft traffic diagrams are submitted for approval. "Captain Vares also expressed his concern that the proposed Haleki'i Street extension into the Hokukano Subdivision will be inadequate should there be an emergency, either natural or otherwise. There will be a grid lock of residents trying to leave the subdivision. He recommends an additional main connector road joining the proposed Mamalahoa Highway alternative bypass from within the Hokukano Subdivision." Applicant's Response (July 27, 1995 Letter): "This is in response to your memorandum to Virginia Goldstein dated June 22, 1995, -27- regarding the subject applications. You mentioned that the proposed Haleki'i Street extension into Villages at Hokukano may be inadequate should there be an emergency, either natural or otherwise. The proposed extension to Haleki'i Street is intended to serve as a collector road within the property, connecting with the proposed Mamalahoa Highway Bypass Road, which would serve as the main access to the property. The extension of Haleki'i Street, in conformance with the County General Plan, would extend to the northern property boundary, allowing for a continuation of this road towards Keauhou and possible future connections to the Bypass Road within other properties. "Regarding the provisions for an alternative or emergency access to the Bypass Road, Oceanside 1250 has explored several options for integrating alternative or emergency access as part of the intersection design such that, should an accident occur at this intersection, an alternate emergency routing of the traffic can be provided. The final configuration of the project roadways and their connection to the Bypass Road, however, would be developed at a later date, as part of the site design process. The project roadways, including the connections with the Bypass Road, will be planned in consultation with, and with the approval of the County Department of Public Works." 74. All other cooperating agencies had no comments or objections to the subject applications. -28- BEN.I1MIN J CAYETANO j/ / MICHAEL D WILSON l GOl'ERNOR OF HAWAII { rt ( �� CHAIRPERSON BOARD OF LAND ANO NATURAL RESOURCES --""� DEPUTY GILBERT S COLOMA-AGARAN STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES ! , 1 P 0 BOX 621 AOUACULTURE DEVELOPMENT PROGRAM HONOLULU, HAWAII 96809 AQUATIC RESOURCES Ref . : LM-WMY BOATING AND OCEAN RECREATION CONSERVATION AND ENVIRONMENTAL AFFAIRS June 5 1995 CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT WATER RESOURCE MANAGEMENT Honorable Virginia Goldstein, Director Ref . to : HA-95 : 59 PLANNING DEPARTMENT County of Hawai ' i 25 Aupuni Street, Room #109 Hilo, Hawai ' i 96720-4252 Dear Ms . Goldstein: Subject Villages of Hokukano - 1250 Oceanside Partners This letter shall constitute the consent of the State of Hawai ' i (State) to the filing of certain land use applications with your department with reference to certain lands situated at Hokukano, South Kona, Hawai ' i (Tax Map Key: 3rd/8-1-04 :Por. 3; and, 7-9-12 :Por . 3 and Parcels 4 & 11) . The State hereby authorizes and consents to the following applications being filed by the current landowner/developer, 1250 Oceanside Partners for the Villages of Hokukano, Phase II : 1 . REZONING APPLIC. : Unplanned (U) to Agriculture (A-la) TAX MAP KEYS: 3rd/8-1-04 :Por. 3; and, 7-9-12 :Por. 3 , and Parcels 4 & 11 . 2 . SMA USE PERMIT APPLC. : Requesting development of portions of an agricultural lot subdivision and related infrastructure within the County SMA. TAX MAP KEYS: 3rd/8-1-04 :Por. 3 and 7-9-12 :Por. 3 a~ S Exhibit A Hon. Virginia Goldstein Villages of Hokukano (TMK: 3RD/8-1-04 :Por . 3 ; and 7-9-12 :Por . 3 & Parcels 4 & 11) Page 2 . It is our understanding that certain trails or roads may exist on the aforementioned property which title is vested in the State of Hawai ' i . We are presently in the process of indentifying these trails and roads with the landowner. This authorization shall not be construed to further authorize the landower or his agents to destroy, or in any way affect through construction activities (or otherwise) , said trails or roads until identification and a plan of preservation or disposition of those trails and/or roads have been agreed to by the parties herein. Should you have any questions regarding the foregoing, please do not hesitate to call the Land Management Division at (1-808) 587-0446 . Aloha HAL MIC D. WILSON Chairperson cc: Corporation Council DLNR/Historic Presv. Boardmember Hawai ' i District Land Office w/cy 4/28/95 ltr. — s� _�:- • - 4: ---;"..:-F---- - • = ti am _ ;- �, - ;, - "lam: -�! .~ '...'-. .w-: �� ,'-�� �<G*. -•_'•' _.a 7.i:;._i,._:_ .y-- �;: (� ••fir.' -.�.. �'. . _ - rev �- ��"att \�� 1 z. � —f�i?, :may •���i. i 4_,-.1,..-�_ -„ ---1'_- ,4_ Al i __ ..4..1114 •I-`J'r.f. �`*..t.�*=%.N`I::,..- .? te.,1�:± \/ -•� :1:„.1- __. ".-.4;1,-......r." S—,„. Iii_ :. - ,Ln I., . ��.�., �,• v� '..� I.- •, ,�1.. . T . ,• r,!..�•.. . ••./ .'. - 1._,...,.� -.•--.%^ .- l�,y. �_ -- .1• 47. "-- ` •:-J/' 1i1: is•.. •. •— / _ ', __ AIM. !r �TO. �I. .<l.�� i / _ • Jar j� _ .1� \ --` •. -, �. .. -'_- .e( �-'• "` —.r.:-:- :� ? .4,-..v,.5...7 (��t4 ; -�-_ - L, , • 'tom "cr 'UAIEUU�NED 6,T0.. ms s :. r— . , -----1- r `I t..-%. ... .• is J rte 1 r sar = •_ _ •. ._--- %,. / '',,,, ' - •.. c . K -I . ,� { l .r . . i -es •z :Mir c - Figure 7 • PROPOSED ZONING y - Exhibit B r •-•-•---7..n_ � :�_i=ce -.. t---.7 -, � ,-� ?( 1 Y r Jt ti� ° ' t' � _.-.-7--,'` t Vii, - i�l�. -- _`-- _ _ _ 1 _A - _ - -- - _ -' . .. `.�%;/(rte(. '."-P'-'7;--.-:.--,_-f! ~�- - _ -+ _ '_' \.�• • .'ts��� ` \\\__- _ _- :- d'- = `%•� _ �:'- w=oe _ '��•'_ �' _�..._ ' - i ce\� � ��^ -� --c.... -; - 't_-��, ` _sue-- •i:- - • !J . P. 1,....k"Y• •.:4-% - ;• ‘W .-o;�•,_,----- - ":_11...,," • `j.•�=::� - IPAACIL D" _�.). - ' -' 4_ `+>zv- ."--_1r t - , ' tic. y_ Y:t .: -rF slmWiawNowa. ♦ - •.i.-1! - �i{= . s ▪ '1 > ; 7 - �-� a� y _- _ .,.- 4..1 -, _ -v,, - �,- , / /-1`- . i L '�• � -'r s - - r•-v J.�. ..", 4T IA t�* , - ` ms-,r= _ 14-l - = _= l_ ' si .-,f--,. ._•sue - . := ` _g e _ J - r t , _ '( w r» / r :� . ` ,,,k-,;.: 1:ma ' -1 ,. 1. .✓ _ i J r I- ' t� ,, •yaf ,. ;;" i" ` o __ I/ • ye - fr"-..� J-_ _ ∎ . i=� ' 1• 1 ` ., ►MCEi a w -- - .3os�' * 1'.� ice? „I:,'� - - • __,L... PA..iH';' - yam£ •/ ^' 'Flimrsi. _ /t \ "� `� i//� l�'/� �`ij- �� ' �'� ``�' - /r�v- _ - ,�!l.l. ` -lam� • '<<.j.X /I, •�l�`r7J - , '',, :J `Z ` y -! - v; 'fit. ..ti-a t -. �r�r/I '`-' i. • _ ('. ` ' '-'7 \ `.T-ftlJ/,i.// �/ {�dy-�r irk r . t •, ,- --"‘. ?:/,. 2.`riN ' 1-.., 7-42, v..T 4,--'46? rz-'-'177, - ;We ∎■: -� • '• 'In- .... .........a. .. •'` e',``-{ Figure 4 , , SMA IMPROVtMEt VILLAGES AT HC LEGEND 0 310 62C 1: ® PROPOSED SMA IMPROVEMENT AREA LJomi FEE- Exhibit C �1 M�`f•OS M1 4.1.6c. Donna Fay K. Kiyosaki Stephen K. Yamashiro ���,l�'z;41:• Chief e c,,ec, Mayor tits' �.:,.`` ,• Riley W. Smith °c .o. Deputy Chi,f Enc.-leer C�aurtf�r of cittrit Received DEPARTMENT OF PUBLIC WORKS JAN 0 9 1995 25 Aupuni Street, Room 202 • Hilo,Hawaii 96720.4252 (808) 961.8321 • Fax(808)969.7138 Oceanside 1250 January 4, 1994 R T "DICK" FRYE PROJECT MANAGER OCEANSIDE 1250 74-5620 A PALANI ROAD SUITE 200 KAILUA KONA HI 96740-1625 SUBJECT: PREFERRED MAMALAHOA BYPASS ALIGNMENT This is in response to your letter of December 6, 1994, requesting the determination of the County's preferred alignment for the Mamalahoa Bypass as required pursuant to Change of Zone Ordinance 94-73. Condition (L) of this Ordinance requires that "Roadway improvements and accesses to the subject project shall meet with the approval of the Department of Public Works. " Based on our review of the testimony provided during and subsequent to the public meeting on the Mamalahoa Bypass hosted by Oceanside 1250 on September 19, 1994, review of the existing County plans for this region, including the General Plan, as well as other available information, we have determined that the Department of Public Works ' preferred alignment of the Mamalahoa Bypass would link Alii Highway with the Mamalahoa Highway-Napoopoo Road Intersection. This is identified as the "Yellow" alignment on the attached map (Attachment No. 1) . In reviewing the various potential alignments, we feel this alternative provides the best overall circulation system for this region of Kona in accordance with the General Plan Facilities Map. It provides an alternative traffic corridor to Mauka Kona while at the same time reducing congestion along Kuakini Highway by limiting the number of signalized intersections. It also minimizes impact on existing agricultural and residential areas and will not adversely affect the existing businesses in the area. We recognize that the "Yellow" alignment is not consistent with Oceanside 1250's original proposed routes as identified in Exhibit C of Ordinance 94-73, "Proposed Bypass Alignment Zone. " Accordingly, an amendment to the Change of Zone Ordinance is required for this alternative. In addition, we also recognize that there may be archaeological or other potential environmental issues relating to this alignment, including potential impact to the Kuamo 'o Burials Site, which have not been fully reviewed. Exhibit D Ltr to R. T. Frye Page 2 January 4, 1994 Accordingly, the identification of the "Yellow" alignment as the Department of Public Work's preferred alternative is conditioned upon Oceanside 1250's securing the appropriate clearances and approvals for this alignment. Please call me if you have any questions on the above. RILE' SMITH Deputy Chief Engineer Attachment cc: Mayor Stephen K. Yamashiro Planning Department Deputy Managing Director 9 i N•r w..•.r satyr •sum... ` _Zl.�. .......... _- —_ � -' e - y mew. 9 i __ _ "✓ C .— .- •r — )NO AJL - ar.r t- _--•- .e,:, 1�\ - -- __ a -__ p,' . _ ��• _' _ 8 OF .f- - — .' a ., - • Ir _- J�-JJf -.a.1� _ • _ .__ _ _ pl• .34(•••.;•, ...„ . - BYPASS HIGHWAY a o7 , __ _ M J : Alternative: - __ - °° = - -- -. Yellow G _ _ -- _ - Jul- l...:r••KW 0 a Q • - ' __` SOUTH wrotsecnom DETAIL- -- ,-.■••.,,-,,-,---''- '7 Exhibit E ,.. 1.. N I . - ,---._ -_,.\ ..;:,,•• -..--1 - /- _ . ■ -• -•. _51'...„,,'.:I, 7,;--—.,—_-.IOr.M.e..rII.L.1.1.10"4 nle r"s y m.-"u"mt•,". - _. / _./,/- l- . ,, - - ' -' — , • '_44-, . , .-- . -..• / - /-• I . -, • s- /---(s _ i - . -'--'--- ,, ,..., •!IT-. .,_ 0.0.4.4117=7...• .- i. _I 1 i . - .• '\?-/,/-----‘< . . /7 -- -• s- ° _ ... -.... . . I -.. 0 _ .„ ,_ • ... - _4,_ I • N. ' i___-•••••- • - — ., ,. _ --.., I ', _ 4- I _.... 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' Exhibit F } ,t 0I 'A' 110! 1 "BENJAMIN J.CAYETANO �..,.n ' LAWRENCE MIIKE GOVERNOR OF HAWAII �—r(U DIRECTOR OF HEA,T, STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 3378 In reply please refer to HONOLULU,HAWAII 96801 July 26, 1995 93-082/epo Ms. Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Change of Zone Application (REZ 95-12) Unplanned to A-la Special Management Area Use Permit Application ,- (SMA 95-3) To Allow Development of Portions of a 730-lot Agricultural Subdivision and Its Related Improvements Revised Phase II Villages at Hokukano . Kealakekua, Hawaii TMK: 7-9-12: 11, por. 3 & 4 8-1-04: por. 3 Thank you for allowing us to review and comment on the subject permit applications. We have the following comments to offer: Drinking Water 1. Federal and State regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Title 11, Chapter 20, Rules Relating to Potable Water Systems. 2. Section 11-20-30 requires that new or substantially modified distribution systems for public water systems be approved by the Director. However, if the water system is under the jurisdiction of the County of Hawaii, the Department of Water Supply will be responsible for the review and approval of the plans. 3. The Change of Zone application indicates that the developer has secured a well site for two potential wells in the VC . I -s Exhibit G Ms. Virginia Goldstein July 26, 1995 Page 2 future. Section 11-20-29 of Chapter 20 requires that all new sources of potable water serving a public water system be approved by the Director of Health prior to its use. Such an approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements set in Section 11-20-29. 4. The applications also indicate that the proposed development will have a dual water system. The potable and nonpotable water systems must be carefully designed and operated to prevent cross-connections and backflow conditions. The two systems must be clearly labeled and physically separated by air bags or reduced pressure principle backflow preventers to avoid contaminating the potable water supply. In addition, all nonpotable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption of non potable water. Underground Injection Control The development of the proposed 27-hole golf course should be subject to the Department of Health's Guidelines Aoilicable to Golf Courses In Hawaii. August 1994. Version 5 (attached) . Comments expressed under Underground Injection Control in the Department's August 10, 1993, letter to Ms. Virginia Goldstein (attached) are .still applicable, with the exception of the latest revision to the golf course guidelines as expressed in Version 5. If you should have any questions, please contact the Engineering Section or the Underground Injection Control Section of the Safe Drinking Water Branch at 586-4258, or you may call toll free from the neighbor island at 1-800-468-4644, ext. 64258. Wastewater The planned use of a central wastewater collection and treatment system for the development is acceptable, provided that treated effluent is reused for irrigation purposes wherever possible. All wastewater plans must conform to applicable provisions of the Department of Health's Administrative Rules, Chapter 11-62, "Wastewater Systems, " and we reserve the right to review the detailed wastewater plans for conformance to applicable rules. Should you have any questions on this matter, please contact Ms. Lori Kajiwara of the Wastewater Branch at 586-4294 . Ms. Virginia Goldstein July 26, 1995 Page 3 Solid Waste The Permit Application states that the developer will prepare a solid waste management plan for the master planned community for submission to the County of Hawaii Department of Public Works. The Department of Health requests that the developer commit to source reduction and recycling efforts within the community to mitigate the impact of increased solid waste generation in the area as a result of the Villages at Hokukano. Composting of greenwaste generated at the golf course should also be addressed. Should you have any questions on this matter, please contact Ms. Carrie McCabe of the Office of Solid Waste Management at 586-4240. Water Pollution 1. The applicant should contact the Army Corps of Engineers (COE) to identify whether a Federal permit (including a Department of Army (DA) permit) is required for this project. A Section 401 Water Quality Certification (WQC) is required for "Any applicant for Federal license or permit to conduct any activity including, but not limited to, the construction of operation of facilities, which may result in any discharge into the navigable waters. . . , " pursuant to Section .40l(a) (1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act (CWA) ") . 2. If the project involves the following activities with discharges into State waters, an NPDES general permit is required for each activity: a. Discharge of storm water runoff associated with construction activities, including clearing, grading, and excavation that result in the disturbance of equal to or greater than five (5) acres of total land area; b. Construction dewatering effluent; c. Non-contact cooling water; d. Hydrotesting water; and e. Treated contaminated groundwater from underground storage tank remedial activity. 3. If there is any type of process wastewater discharge from the facility into State waters, the applicant may be required to apply for an Individual NPDES permit. , Ms. Virginia Goldstein July 26, 1995 Page 4 Should you have any questions regarding this matter, please contact Ms. Hong Chen, Engineering Section of the Clean Water Branch, at 586-4309. Sincerely, LAWRENCE MIIKE Director of Health Attachments (3) c: Hilo DHO (Aaron Ueno) WWB CWB OSWM SDWB ' JOHN WAIHEE 40VEnnoR or mmun �.-i:�..-1 JOHN C. LEWIN.• DIRECTOR O►HEALTH L'rs•RM� STATE OF HAWAII DEPARTMENT OF HEALTH P. O. SOX 3375 HONOLULU. HAWAII iae01 In reply, please refer to: August 10, 1993 93-082/epo Ms. Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: • Subject: Request for Comments Draft Environmental Impact Statement (DEIS) Villages at Hokukano • Kealakekua, Hawaii TMK: 8-1-04: por. 3, 7-9-12: 3, por. 4, 5, & 11 7-9-06: 1 Thank you for allowing us to review and comment on the subject document. We have the following comments to offer, in addition to our comments found in our letter dated April 28, 1993 (attached): Drinking Water 1. The DEIS indicates that the project will include the development of new sources of potable water. However, it does not indicate where these wells will be situated. As new sources of water are developed, it will be necessary to comply with Hawaii Administrative Rules, Title 11, Chapter 20, Rules "Relating to Potable Water Systems." Section 11-20-29 requires that all new sources of potable water serving a public water system be approved by the Director of Health prior to its use. Such an approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements in Section 11-20-29. 2. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses, performed by a laboratory certified in the state of Hawaii, must be submitted as part of the report to demonstrate compliance with all drinking water standards. • • f Ms. Virginia Goldstein August 10, 1993 Page 2 3. Section 11-20-30 of Chapter 20 requires that new or substantially modified distribution systems for public water systems be approved by the Director. However, if the water system is under the jurisdiction of the County of Hawaii , the Department of Water Supply will be responsible for the review and approval of the plans. 4. The DEIS indicates that the proposed development will have a dual water system. The potable and nonpotable water systems must be carefully designed and operated to prevent cross-connections and backflow • conditions. The two systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow preventers to avoid contaminating the potable water supply. In addition, all nonpotable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption of nonpotable water. Underground Injection Control 1. The comments as described in Department of Health's (DOH) letter dated April 28, 1993, are still applicable. 2. Based on the project's "Integrated Golf Course Management Program: The Villages at Hokukano" prepared by W. Lee Berndt, the project expresses its intent to implement an environmental monitoring program to address groundwater concerns and to aid in the management and use of chemicals. Although the commitment to implement a groundwater monitoring plan is expressed in Berndt's document, we have not seen any mention of the OOH's "Twelve (12) Conditions applicable to all new golf course development in the DEIS. Because of the lack of reference to the DOH's 12 Conditions, we would like to again recommend that the golf course development be subject to the "Twelve Conditions" (attached). If you should have any questions, please contact William Wong, Chief, Safe Drinking Water Branch at 586-4258. Very truly yours, FORJOHN C. LEWIN, M.O. Director of Health c: Safe Drinking Water Branch Oceanside 1250 -- PBR Hawaii • L ' 46 OI M• — r • MN WAIH[i 1� ': j• JOHN C. LEWIN. M.O. ERNOA OP N*WUI ••[� DIRECTOR OP HEALTH STATE OF HAWAII • DEPARTMENT OF HEALTH P. O. BOX 3370 • HONOLULU. HAWAII t 8001 April 28, 1993 In please oQrtlt./tE 2 e . Ms. Virginia Goldstein, Director Planning Department • County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720 Dear Ms. Goldstein: _. .__• . .. . ._ ...... Subject: Use Permit Application (UP 93-2) Special Management Area Use Permit (SMA 93-01) 27-Hole Golf Course, Clubhouse, Driving Range, and Related Improvements Villages at Hakukano, Kona TMK: 7-9-12: por. 3 • 8-1-04: por. 3 Thank you for allowing us to review and comment on the subject project. We have the following comments to offer: Drinking Water 1. A portion of the project site is above the Underground Injection Control (UIC) line. 2. If drywells are to be used for drainage, a UIC permit would be required to authorize their operation. 3. If sewage injection wells or sewage seepage pits are to be used in conjunction with the planned wastewater treatment plant, the plans must be reviewed by the UIC program to determine the applicability for a UIC permit and by the Wastewater Branch for approval of the treatment plant. 4. If injection wells of any kind are planned to be used for disposal of any fluids, a UIC permit application must be submitted. for review and approval, prior to construction. 5. UIC rules prohibit the construction of injection wells (including rainfall disposal drywells) within one-quarter mile radius of the nearest drinking water well . 6. According to UIC program files and the Department of Land and Natural Resources Well Index (January 1993) , there are no potable water wells within one-quarter mile radius of the project site. !� �J✓ � • r Ms. Virginia Goldstein April 28, 1993 Page 2 7. The Department of Health currently has twelve (12) conditions applicable to all new golf course developments. The Department recommends that the twelve (12) conditions be adopted. Attached is a copy of the twelve (12) conditions. If you have any questions on the comments or any UIC matter, please contact B. Kevin Wood of the Safe Drinking Water Branch at 586-4270. Wastewater As there is no existing sewer service system in the area, the Department of Health (DOH) concurs with the planned use of a central sewage collection system to be constructed on-site. The treated effluent should be reused for irrigation wherever possible. If you should have any questions on this matter, please contact Ms. Lori Kajiwara of the Wastewater Branch at 586-4290. Solid Waste The State of Hawaii, in Act 324-91, established a waste diversion goal of 25% by 1995, and 50% by the year 2000. The Act also formalized the state' s hierarchy of preferred waste management alternatives: source reduction, recycling and bioconversion, and finally landfilling and incineration. The discussion of, solid waste management in this document focuses only upon disposal . The Department of Health strongly suggests that waste minimization efforts be investigated and implemented to reduce waste generation during construction and occupancy of the Villages. Also, the residents should be provided with appropriate spatial allocation to participate in local recycling efforts. Attached are some waste minimization guidelines for use in the development of a waste minimization plan. The Department of Health requests that the developers commit to using secondary resources whenever possible for construction and maintenance of the single family homes and the golf course. The golf course should include a composting facility to handle the greenwaste generated there. The compost could be -Used for landscaping purposes on the golf course. Please refer to the Department of Health Twelve Golf Course Conditions (Attached) . Crushed glass may be used for road paving purposes in glasphalt. If you should have any questions on this matter, please contact Ms. Carrie McCabe of the Office of Solid Waste Management at 586-4227. Water Pollution A National Pollutant Discharge Elimination System (NPDES) permit is required for any discharge to water of the State including the following: 1. Storm water discharges relating to construction activities for projects greater than five acres; 2. Storm water discharges from industrial activities; .j • • , Ms. Virginia Goldstein April 28, 1993 Page 3 3. Construction dewatering activities; • 4. Cooling water discharges less than one million gallons; • 5. Ground water remediation activities; and 6. Hydrotesting water. Any person wishing to be covered by the NPOES general permit for any of the above activities should file a Notice of Intent with the Department' s Clean Water Branch at least 90 days prior to commencement of discharge to waters of the State. Any questions regarding this matter should be directed to Mr. Denis Lau of the Clean Water Branch at 586-4309. Very truly yours, JOHN C. LEWIN, M.D. • Director of Health Attachments c: Safe Drinking Water Branch Wastewater Branch Office of Solid Waste Management Hilo, District Health Office • • • v ' 4g 0• 4; STATE OF HAWAII e DEPARTMENT OF HEALTH August, 1994 (Version 5) GUIDELINES APPLICABLE TO GOLF COURSES IN HAWAII In order to assure that environmental quality is promoted, protected and enhanced, the State Department of Health (DOH) recommends the following for all golf courses in Hawaii. The owner/operator must also comply with all applicable DOH rules. 1. Baseline groundwater quality and, if appropriate, coastal water quality should be established. 2. The owner/operator should establish a groundwater and, if appropriate, a coastal water monitoring plan. The groundwater and coastal water monitoring plans should minimally describe the following components: a. A routine monitoring schedule of at least once every six (6) months for the first three (3) years of operation and once a year thereafter, or more frequently in the event that the monitoring data indicates a need for more frequent monitoring. b. Compounds which should be tested for include compounds associated with fertilizers, biocides, and effluent irrigation. These data should be permanently retained by the golf course and submitted periodically to the State DOH and the Planning Department of the county in which the golf course is being proposed. These data should be provided both in detail and in summary format and should relate to the baseline data and to adverse impact levels. c. If the monitoring data indicate increased levels of a contaminate associated with golf course maintence activities that poses, or may pose, a threat to public health or the environment, the owner should immediately inform the State Department of Health and the County Planning Department. Subsequently, the owner must mitigate any adverse effects caused by the contamination. 3. If a wastewater treatment works with effluent reuse becomes the choice of wastewater disposal, then the owner/developer and all subsequent owners should develop and - adhere to a wastewater reuse plan which should incorporate the provisions of the Department of Health's Guidelines for the Treatment and Use of Reclaimed Water, developed by the Wastewater Branch and dated November 22, 1993. A copy of the guidelines may be obtained by contacting the Wastewater Branch at 586-4294. 4. Above ground storage tanks for storing petroleum products for fueling golf carts, maintenance vehicles, and emergency power generators should be used rather than underground storage tanks (USTs). USTs may pose a potential risk to the groundwater and should not be encouraged. 5. Buildings designed to house fertilizers and biocides should be bermed to a height sufficient to contain a catastrophic leak of all fluid containers. It is also recommended that the floor of this room be made waterproof so that all leaks can be contained within the structure in order to facilitate a cleanup. 6. A golf course maintenance plan should be prepared and implemented with regards to • the use of fertilizers and biocides as well as an irrigation schedule. This maintenance plan should be based on operational practices that would minimize or prevent environmental pollution, including, but not limited to, pratices that are taught at the certification school of the National Association of Golf Course Superintendants. 7. Every effort should be made to minimize the amount of noise from golf course maintenance activities. Essential maintenance activities (e.g., mowing of greens and fairways) should be conducted at times that do not disturb nearby residents. 8. Solid waste should be managed in a manner that does not create a nuisance. • Whenever possible, composting of green wastes for subsequent use as a soil conditioner or mulching material is encouraged. The composting and reuse should be confined to The golf course property to eliminate the necessity for offsite transport of the raw or processed material. In addition, during construction the developer should utilize locally-produced compost and soil amendments whenever available. 9. Pesticides and other agricultural chemicals should be applied in a manner that prevents the offsite drift of spray material. The State Department of Agriculture should be consulted in this regard. 10. To avoid soil runoff during construction, the developer should consult with the U.S. Department of Agriculture, Soil Conservation Service to assure that best management practices are utilized. If there are any questions regarding the guidelines recommended above, please contact the Environmental Planning Office at 586-4337. We appreciate your cooperation in preserving and protecting environmental quality in Hawaii. Page 2 HERMAN Y.MZAWA;PM 0 SUPIIIOITIWOSIT Benjamin J. Cayetano �otGOVERHO 4� O r y= 1 �' •M Z m.x.d STATE OF HAWAII ' --~ - DEPARTMENT OF EDUCATION P. 0. BOX 2360 ■ HONOLULU, HAWAII 96604 OFFICE OF THE SUPERINTENDENT July 3 , 1995 Ms . Virginia Goldstein, Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms . Goldstein: SUBJECT: Change of Zone Application (REZ 95-12) Oceanside 1250 TMK: 7-9-12 : 11 & Pors. 3 & 4 ; 8-1-04 : Por. 3 We have reviewed the subject application and have determined that the revised Phase II of the proposed Villages at Hokukano with a project density of approximately 810 units will have an impact on Konawaena Elementary School and Konawaena Intermediate and High School . We disagree with page 27 which states that "most of these families will not have school age children" and "the number of school age children is expected to be relatively small and additional demand on educational services is expected to be minimal . " The Department of Education (DOE) projects that the subject development will generate the following number of students : Projected School Grade Level Students Konawaena Elementary .. K-6 122 Konawaena Intermediate 7-8 24 Konawaena High 9-12 32 Both schools are operating beyond capacity and report a shortage of classrooms . The DOE is planning a new high school at Kealakehe and a new elementary school in Kona which will relieve the overcrowding at the existing schools. However, the projected students at the elementary level will impact the new school . Exhibit H C2 'te�r AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER Page 2 July 3 , 1995 The DOE requests the County support our request to the State Land Use Commission (SLUC) that the developer make fair-share contributions for the construction of needed school facilities in the area. The contribution or agreement should be determined before the county issues any building permit for the development . Should there be any questions, please call the Facilities Branch at 733-4862 . Sincerely, • . ..._. .1. erma M. izawa, Ph.D. Super ntendent HMA: jml cc : A. Suga P. Bergin, Hawaii A. Mitsuda, OSP E. Ueda, SLUC I PIA R.- . H A W A I I r 1.\NF>CArE.. �RCIIII r.C11'R): rl WNIN 1\\INUN\ILK IAI 511'17115 -� , August 4, 1995 Herman M. Aizawa, Ph.D. State of Hawaii Department of Education Y.O. Box 2360 Honolulu, HI 96804 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 95-12) APPLICANT: OCEANSIDE 1250 TMK: 7-9-12: 11 &PORS. OF 3 &4; 8-1-04: POR. OF 3 VILLAGES AT HOKUKANO Dear Mr. Aizawa: This is in response to your letter dated July 3, 1995, to Ms. Virginia Goldstein regarding the subject application. We appreciate your projections on the school enrollment that may be generated by the proposed development. We should point out, however, that the 810 units referenced in your letter is the projected total density for the entire Villages at Hokukano project, including approximately 80 lodge units and 730 agricultural lots of one acre or larger. Zoning approval for nearly half the total lots was previously obtained for the mauka portion under Ordinance 94-73. The subject change of zone application seeks approval for approximately 400 additional agricultural lots within the makai portion of the property. Our assessment within the application of the project's impact to area schools was based on several factors, including: 1) the limited scale of the proposed action, providing approximately 400 additional lots; 2)the experience of the applicant's other projects, which are similar in nature to the Villages at Hokukano, and have shown to have few full-time residents with school-aged children; and 3) the relatively slow projected home build-out rate of the project, which is expected to take place over 30 or more years. It is not our intent to minimize the potential impact of this project to area schools. We can appreciate the difficulty that the State faces in keeping up with the educational needs of the region. However, we feel that a distinction should be made between projects, such as the Villages at Hokukano, which are aimed at potential buyers that would include a large percentage of elderly and second home buyers, as Exhibit I 1V. 1•r:ulk Ri;i,,II • I!somas S.Witten • R.Stan I) :In • Rlls•'II 1...f.(:1 G I'i\(:IPI(: l OWF:R• Sl.•1l h. 6511 I011 NISIIOI' ti'1 RF:I':I' 11ONOI.1'1.11. HAWAII INi113 TI.:1.1:1'11()NI?• IRINm 52I•54,d1 FAX: 1111IN1 523-1102 BRANCH flFIl(:E nn.0 IA(:OON CENI ER un Al,r(1NI sINCF:I s i l tl 1.. 1111 11111), 11Aw,Vl '14i7211 I F.I.1•.PnfNIF: OM)91:I.1111 FAX' 'NOR)16,1-1414'1 Herman M. Aizawa, Ph .D. August 4, 1995 Page 2 opposed to projects aimed at younger and first home buyers. For instance, the Desert Mountain project, one of Lyle Anderson's projects in Scottsdale, Arizona, after 11 years of development and 256 homes, has a ratio of school-age children that is considerably less than the Department of Education standard. Again, we thank you for your comments. Should you have any further questions or concerns regarding the subject application, please (10 not hesitate to contact either Mr. Richard Frye at Oceanside 1250 (326-2966) or myself at. PBR HAWAII (961-3333). Sincerely, 1ES M. LEONARD, AICP lanaging Director PI3R - Hilo Office xc: W. Goldstein; R. Frye B. Kudo • F. Brandt .�, :9!9M,; OFFICE OF STATE PLANNING t-`�{'yyI iff` Office of the Governor BENJAMIN J.CAYETANO. Dove. (( )} 11,. ,, 47- I MAILING ADDRESS:P.O.BOX 3340,HONOLULU,HAWAII 91111.3310 FAX Director's Omce 517-2811 k STREET ADDRESS:250 SOUTH HOTEL STREET,4TH FLOOR t� ' '` TELEPHONE:(808)587.2841,587.2800 Planning Division 517.2821 lJ'e nn iaR Ref. No. C-1334 July 20, 1995 - The Honorable Virginia Goldstein Planning Director -- Planning Department County of Hawaii _ . 25 Aupuni Street Hilo, Hawaii 96720 • Dear Ms. Goldstein: Subject: Comments on Phase II, Change of Zone and SMA Use Permit Applications for"Villages at Hokukano" • The Office of State Planning has reviewed the Change of Zone and Special Management Area Use Permit Application for the 756-acre portion of the 1567-acre Villages at Hokukano project located at Kealakekua, Hawaii. The project envisions a low-density master planned community integrating a 27-hole golf course and associated facilities,resort/lodge accommodations of up to 80 units, historic and coastal park areas, residential dwellings, and agricultural uses. Because the subject property is currently located within the State Agricultural District,except for 140 acres along the coastline which are in the Conservation District, we have the following comments: I. Residential Dwellings within the State Agricultural District The project calls for approximately 730 agricultural lots, with associated single family dwellings and agricultural uses. We are not convinced,however, that the agricultural component of the project will be economically feasible given several factors including: 1) the project's relatively small lot sizes (0.7 dwelling units/acre); 2)the configuration of the agricultural use zone (FEIS Figures 13-14); 3) the high proportion of lot owners that are projected to live off-island (U.S. Mainland,Japan, and Oahu); and 4) the higher land values for the agricultural lots, given the development's resort and recreational amenities. At a minimum,the resort/lodge accommodations require a special permit or State Land Use District Boundary Amendment. Furthermore, State law requires that single-family dwellings located within the State Agricultural District must be restricted to farm dwellings. A farm dwelling is defined by HRS Chapter 205-4.5 (4) as "a single family dwelling located on and used in connection with a farm, ...where agricultural activity provides income to the family occupying the dwelling." This past December, the Land Use Commission held that "Chapter 205, Hawaii Revised Statutes, does not authorize residential dwellings as a permissible use within an agricultural district,unless the Exhibit J The Honorable Virginia Goiu....ein Page 2 July 20, 1995 dwelling is related to an agricultural activity or is a'farm dwelling." (In the matter of Godfrey, Dec. 6, 1994 Declaratory Order, DR 94-17). Because the SMA application provides little analysis of the economic viability of the proposed agricultural uses, or how these uses would be related to the project's residential dwellings, we recommend that the applicant conduct a thorough economic feasibility study of the proposed agricultural uses. At a minimum, this study should include: 1) a soil suitability analysis that identifies economically viable crops suitable to the project area; 2) an inventory of the project's irrigation resources and the projected cost to develop these resources; 3) 5 and 10-year income and cashflow projections; and 4) a market analysis. The project's recreational, resort, and low-density single-family residential components do not conform to uses that are permissible within the State Agricultural District(HRS 205-4.5). Single-family dwellings within the Agricultural District are required to be "farm dwellings" as defined by Section 205-4.5 (4). Because the project's residential dwellings do not appear to be accessory to economically viable agricultural activities, the project's residential dwellings may not conform to the State's farm dwelling requirement. The applicant may,however, desire to revise the project's Preliminary Development Plan to make the agricultural lots more compatible with agricultural production.Two potential options include: 1) decreasing the project's overall density by increasing the agricultural lot sizes from approximately 1-3 acres to 5-10 acres or greater; or 2)clustering the residential lots into the least productive portion of the project site, and providing an agricultural easement for the remainder of the property. For example, if the project site was developed at 4 dwelling units/acre on 182.5 acres, then approximately 573.5 acres could be set aside for agricultural production, while not affecting the total number of lots developed. This option may require a zoning variance since a portion of the property may be developed at a density that exceeds what is currently allowed by County zoning. Both options, however, would provide agricultural lots that are more efficiently sized and configured for a variety of agricultural uses. H. Economic and Fiscal Impacts The Change of Zone Application states that the project is expected to generate positive fiscal benefits to the State and County. However, given the development's overall downsizing from approximately 1,540 units proposed initially, to 810 units that are currently proposed,it can be expected that total State and County tax revenues and operating expenditures will be significantly affected. In addition, given that the agricultural lots will remain within the Agricultural District, it can be assumed that many, if not all, of the owners will seek lower agricultural tax rates, thereby, decreasing expected tax revenues and shifting the burden of taxes to other County properties in urban uses. Therefore,we recommend that the Economic and Fiscal Impact Assessment be updated to reflect the project's downsizing, and change in projected land use. III. Water Quality and Other CZM Issues With respect to water quality, the applications address nonpoint source pollution control to a certain extent. They state that, during construction,sediment retention basins and other practices will be constructed to prevent sediments from entering the coastal waters. After construction is completed, the golf course will serve as a buffer and the water features as retention basins. Not enough information is provided in the application to demonstrate that the water features will be The Honorable Virginia G. . Lein Page 3 July 21, 1995 effective in retaining surface runoff from the project. In addition, the applications state that, following construction, the runoff from roads will be disposed of in drywells. OSP recommends that oil-water separators be used to ensure that the water disposed into the drywells does not contain oil and other contaminants. The documents also state that post-construction surface runoff will be limited to pre-construction volumes and velocities. They do not, however, explain how this will be achieved, given the hardening of surfaces that accompanies development. This proposed development will be required to implement the nonpoint pollution control program, for both its urban and agricultural components. With respect to agriculture, the applicants do not describe what mechanisms will be used to minimize nonpoint source pollution from agricultural lands. There is no indication of how landowners will ensure that they or their lessees minimize the potential for nonpoint source pollution and assure that agricultural runoff is not directed into the gulches. In addition, best management practices (BMPs) for smaller parcels are likely to be relatively more costly than BMPs installed on larger areas. These concerns indicate the need for coordination among landowners in sharing costs associated with installation of regional nonpoint source pollution control mechanisms and the need for close cooperation with the local Soil and Water Conservation District in determining the most appropriate crops and farming activities for this area. Thank you for the opportunity to comment on this application. Should you have any questions or comments,please contact Michael Summers of the Land Use Division at 587-2890. Sincer y, Gre ry . Pai, Ph.D. cc: Douglas Tom, CZM Esther Ueda, LUC et,7 OF h 1 ..i K.Yamashiro 1 Nelson M.Tsuji . "Ma or - a;.t,r Fire Chief .j•V ht 1I.i'\\ Edward Bumatay Deputy Fire Chief Coutif J of Au uaii FIRE DEPARTMENT • 466 Kinoole Street • Hilo,Hawaii 96720.2983 (808)961-8297 • Fax(808)961-6920 - - June 26 , 1995 To: Virginia Goldstein, Planning Director r-: From: Nelson M. Tsuji , Fire Chief . .. SUBJECT: APPLICANT: OCEANSIDE 1250 DBA 1250 OCEANSIDE PARTNERS CHANGE OF ZONE APPLICATION (REZ 95-12) REQUEST: UNPLANNED TO A-la SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (SMA 95-3) REQUEST: TO ALLOW DEVELOPMENT OF PORTIONS OF A 730-LOT AGRICULTURAL SUBDIVISION AND ITS RELATED IMPROVEMENTS TMK: 7-9-12 :11 & FORS. OF 3 & 4; 8-1-04:POR. OF 3 The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. "EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. "2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10. 301 (b) . \` Exhibit K i hy�111i To: Virginia Goldstein, Planning Director Page 2 June 26, 1995 "3 . When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief , fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81 .109. " (c) Width. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. " (d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. " (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief. " (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. To: Virginia Goldstein, Planning Director Page 3 June 26, 1995 " ( j ) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. " (15%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. " (1 ) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. " "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. To: Virginia Goldstein, Planning Director Page 4 June 26, 1995 " (e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. " NEL M:—TSTY -/4 Fire Chief NMT/mo . . 0 [ii)Yx PER HAWAII .,\NUS( \rr AR(.III I ICIt RI. I'I.\NNING I' \14f1N\It.\'I.\I. Stt'I)IIS - - • July 31, 1995 Nelson M. Tsuji, Fire Chief County of Hawaii, Fire Department 466 Kinoole Street - Ililo, 1-11 96720-2983 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 95-12) APPLICANT: OCEANSIDE 1250 TMK 7-9-12: 11 & PORS. OF 3 & 4; 8-1-04: POR. OF 3 VILLAGES AT IHOKUKANO Dear Chief Tsuji: This is in response to your memorandum dated June 26, 1995, to Virginia Goldstein regarding the subject application which seeks to rezone approximately 756 acres of the makai portion of the property, in which a subdivision of approximately 400 lots of one to three acres in size is planned. With regards to Section 10.207 of the Fire Code cited in your memorandum, from my discussion with Mr. Clifford Souza (Fire Inspector), we understand that a fire apparatus access road would not be required for individual homes when these are located more than 150 feet from the main subdivision road, unless there are more than two Group R (residential) buildings and more than two Group M buildings (garages, car ports, or agricultural buildings). Please let us know if your understanding differs from this, as this is an important consideration for the Villages at Hokukano project. The proposed subdivision will provide lot sizes of one to three acres in size, on which some homes may be located over 150 feet from the subdivision road. These homes may also be designed with guest cottages and detached garages. We appreciate your comments to the subject application and look forward to working with your department at the time of plan development and review to ensure compliance with the Fire Code. Should you have any further questions or concerns regarding the subject application, please do not hesitate to contact either Mr. Richard Frye at Oceanside 1250 (326-2966) or myself at PBR HAWAII (961-3333). Sincerely, , bAjnaAre 1 2 • JA ES M. LEONARD,AICP naging Director PBR - Hilo Office xc: QV:Goldstein" R. Frye B. Kudo F. Brandt B. Moore Exhibit L IV. Frank Brandt • 'I hnmas S.\\'incn • R.Sian I) in • Rtroo.1I\'J.(:hunk I'ACII'i(: 'I()11ER, St'III'. h'I) II01 14151101' SIRF.I:I' 11(1M)1A71.1", IIMV,\II 184.113 IEII:I'IIONG: MI) 521-5101 FAX: IIUII(I 523-I 1112 III2.\NCII UIH(;i 1111(1 L\CUUN CI.NIF.It Intl .\l'I'l'NI SIREI:I, S1'11F. 911) 1111.0. HAWAII I 2i4 11.:1.E1'1I0NE: ■Ip11I1%1.1313 PAX. 181144)•N.I.1989 VILLAGES AT HOKUKANO Phase II Change of Zone Application County of Hawaii March 1995 OCEANSIDE March 8, 1995 1260 Ms. Virginia H. Goldstein, Director County of Hawaii Planning Department 25 Aupuni Street, Suite 109 Hilo, Hawaii 96720 SUBJECT: PHASE II CHANGE OF ZONE APPLICATION VILLAGES AT HOKUKANO NORTH & SOUTH KONA, HAWAII TMK'S: 8-1-4: PORTION OF 03 & 7-9-12 : 04, 11 AND PORTION OF 03 Dear Ms. Goldstein: With the enclosed application, Oceanside 1250 seeks a Change of Zone on a 756-acre portion of the 1567-acre Villages at Hokukano project. The master plan for the Villages at Hokukano includes a 27-hole golf course, golf clubhouse and related facilities, private members' lodge of up to 80 units, an historic park area, an approximately 140-acre coastal park area, open space elements, and approximately 730 agricultural lots with integrated agricultural uses. The overall project density will be approximately 810 units, or approximately 0.5 units per acre. This Change of Zone application covers the second increment of agricultural lot development. While initial development plans had proposed a total of 1, 540 units, the master plan has been revised in response to 74-5620 `l,al1t11)ioad a desire on the part of both the community and the applicant to avoid urbanization of the project and to help remain consistant with the rural character of the S"'«700 surrounding area. In keeping with these changes, this application seeks to change the existing zoning on 756 101(u:1-Kona,Ilatsaii acres in the makai portion of the property from Unplanned (U) to Agriculture (A-la) one- acre minimum. 96740-1625 The agricultural program, planned as a component of the agricultural lot subdivision in the mauka portion, would be extended to the makai portion of the property Tel:808-326-2966 as part of the proposed subdivision. Approval of this rezoning would allow for the creation of approximately Fax:808-326-7713 400 agricultural lots of one acre or greater. A Special Management Area Use Permit application is being concurrently filed with this Change of Zone application to allow for portions of the proposed subdivision, which fall within the County designated Special Management Area. In the future, the applicant intends to submit regulatory applications to allow for development of the proposed members' lodge, shoreline park improvements and other community related facilities. Ms. Virginia H. Goldstein, Director February 28, 1995 Page Two To meet the submittal requirements for a Change of Zone Application, enclosed are the following: 1) The original and nineteen (19) copies of the Change of Zone Application, including: a) Completed application form and appropriate questionnaire b) Location map c) Existing conditions maps d) Development plan e) List of all owners of record within 300 feet of the project boundaries 2) One copy of the full-sized plans, including: a) Preliminary Subdivision Plan b) Proposed zoning plan with legal description of the property in map and written form by metes and bounds as certified by a surveyor 3) A check in the amount of $100 . 00 for the filing fee Should you have any questions about the information provided with this application, please do not hesitate to contact either myself at 326-2966; or Mr. James Leonard a PBR HAWAII's Hilo Office at 961-3333 . Verb t . T Holt" Frye Project .nager RTF: ls xc: F. Brandt B. Kudo B. Stuit J. Leonard Ar''LICATION FOR CHANGE OF r")NE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: 1250 Oceanside P. "%- - I . .Oceanside 1250) APPLICANT'S SIGNATURE: % r+ ��`& DATE: 0.eft.5- of ADDRESS: c/o Oceanside 1250, 7'. • 0 A Palani Road, Suite 200 Kailua-Kona,Hawaii 96740 TELEPHONE: (808) 326-2966 REQUEST FROM: Unplanned (U) TO: Agriculture (Ala) TAX MAP KEY: 8-14: 03 por: 7-9-12:03 por. 04, 11 :REA OF PROPERTY: ±756 acres (size of parcel) OWNER. 1250 Oceanside Pa e OWNER'S SIGNATURE. l V.P., Red Hill 1250 Inc., GP INTEREST, '+sue APPLICANT'S NTEREST, IF NOT 0 ER. (If lessee, must be for at least another 5 years from date of application) APPLICANT'S REASONS FOR REQUESTING A CHANGE OF ZONE (Please attach) 1. Please explain how the requested change of zone would be consistent with the goals, policies, and courses of action (if applicable) of the General Plan document. Also, please indicate specifically which goals, policies, and courses of action are involved. (Copies of the General Plan document are available at public libraries and at the Hawaii County Planning Department.) 2. Please state any other reasons for your request. THIS APPLICATION MUST BE ACCOMPANIED BY: (1) 16 copies of the completed application form. (2) 16 copies of a location map. (3) 16 copies of a site plan with existing and proposed uses (e.g., structures, topography, proopsed subdivision). (4) 1 copy of the appropriate questionnaire. (5) Any additional information. (6) $100.00 processing fee. (7) One (1) copy of full-size site plan drawn to scale. Site plan should include property lines, reference points (roadways, shoreline, etc.), and existing and proposed structures and uses. Site plan shall be 2 feet by 3 feet in size at a minimum. (8) Legal discription of the property in map and written form by metes and bounds as certified by a surveyor. _l P.D. 4/87 0435q ATTACHMENT Residential Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes . If yes, please answer the rest of question 1 and then go to question 3. a. How many acres of the requested area do you intend to subdivide? ±430 acres b. Into what lot sizes? 1 acre&larger C. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision 2 to 6 plans to the Planning Department for preliminary approval? months d. Do you intend to build houses on the newly created lots? No If yes, please answer the following questions: On how many of the lots? Of what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application. 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? e. Other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. Plans are to subdivide the subject area according to the plans presented with this application. 3. Do you think your request and your further plans for the land will alleviate the local housing situation? Yes How? The proposed rezoning would allow for the development of approximately 400 lots on parcels suitable for primary residences, thereby increasing the inventory of residential product within the region. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? - 5. Is the subject land currently being used for any agricultural Yes activity? If so, please list the kinds of products grown and on how many square feet or acres of land per product. • Much of the subject area is being leased and used for cattle grazing. 6. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem? 7. Do you think that the roads leading to the subject area need improvement? Yes If so, what kind? Access to the subject parcel from Mamalahoa Highway is via Haleki'i Street. Improvements meeting the approval of the County DPW and/or the State DOT will be required at the intersection with Haleki'i Street and Mamalahoa Highway. Is the road adequate for the proposed traffic volume or load? Yes With the eventual construction of the proposed Mamalahoa Highway alternative road. 8. 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 c. Sewer x d. Drainage x e. Police Protection x Yes No f. Fire Protection x g. Recreational Facilities x h. Public Utilities x i. Other x For those checked "yes", please elaborate what type or kinds of improvements and/or assistance are needed. Roads: Coordination with the County DPW and/or the State DOT on proposed roadway improvements, including the proposed Mamalahoa Highway alternative road which would cross the project site, and intersection improvements at Mamalahoa Highway. Police/Fire: There will be a need for police and fire services, although the increased demands on existing facilities will be gradual, as projected population growth within the project is expected to be slow. Water: Connection with the County Water System. Coordination with the County Department of Water Supply for development of additional potable well and transmission systems. Medical: There will be a need for medical services, however, with the relatively slow project growth and the planned improvements to Kona Hospital in Kealakekua, the medical facilities within the area should adequately meet the medical demands generated by the proposed project. Signature: / 1250 Oc• . . 1'artners Address. 74-5620A ' . ani Road, Suite 200 Kailua-Kona, HI 96740 Telephone: (808) 3 6-2966 Date. 2 Z8 75 6337A/50A P.D. 5/84 VILLAGES AT HOKUKANO Phase II Change of Zone Application County of Hawaii TAX MAP KEYS: 8-1-04: 03 portion; 7-942: 04, 11, and 03 portion PREPARED FOR OCEANSIDE 1250 PREPARED BY: PBR HAWAII March 1995 • TABLE OF CONTENTS 1.0 PROJECT DESCRIPTION 1 1.1 REGIONAL LOCATION 1 1.2 DEVELOPMENT PLAN 1 1.3 STATEMENT OF OBJECTIVES 3 1.4 SITE CHARACTERISTICS/EXISTING CONDITIONS 4 1.5 REGULATORY DESCRIPTION 4 1.6 DEVELOPMENT PLANS 5 1.7 CHANGE OF ZONE 5 1.8 PHASING & TIMING OF ACTION 6 2.0 ENVIRONMENTAL & SOCIO-ECONOMIC ISSUES 7 2.1 ARCHAEOLOGICAL/HISTORICAL RESOURCES 7 2.2 NATURAL & SHORELINE RESOURCES 10 2.2.1 Flora 10 2.2.2 Fauna 10 2.2.3 Marine Communities & Water Quality 11 2.2.4 Drainage/Flooding 12 2.2.5 Physical Geography 13 2.2.6 Geology/Soils 14 2.3 TRANSPORTATION/CIRCULATION 17 2.4 SOCIO-ECONOMIC FACTORS 18 2.5 PUBLIC SERVICES AND FACILITIES 20 2.5.1 Solid Waste Management 20 2.5.2 Power & Communication Systems 21 2.5.3 Sewage System 22 2.5.4 Water Source 23 2.5.5 Public Services 25 2.5.6 Schools 26 2.5.7 Recreational Facilities 27 3.0 CONSISTENCY WITH GOALS, POLICIES & COURSES OF ACTION OF THE GENERAL PLAN 30 3.1 ECONOMIC 30 3.2 ENERGY 32 3.3 ENVIRONMENTAL QUALITY 33 3.4 FLOOD CONTROL & DRAINAGE 34 3.5 HISTORIC SITES 35 Page i 3.6 NATURAL BEAUTY 37 3.7 NATURAL RESOURCES & SHORELINE 38 3.8 HOUSING 39 3.9 PUBLIC FACILITIES 41 3.10 PUBLIC UTILITIES 42 3.11 RECREATION 42 3.12 TRANSPORTATION 44 3.13 LAND USE 45 4.0 NAMES & ADDRESSES OF OWNERS OF RECORD WITHIN 300 FEET OF THE APPLICANT'S PROPERTY 47 Page ii LIST OF FIGURES Figure Follows No. Name Page No. 1 Location Map 1 2 Regional Context Map 1 3 State Land Use Designations 4 4 County General Plan 4 5 Existing County Zoning/SMA 5 6 Preliminary Development Plan 5 7 Proposed Zoning 5 8 Preliminary Subdivision Plan 5 9 Flood Insurance Rate Map 12 10 Slopes 13 11 Soil Survey 14 12 Detailed Land Classification 15 13 Agricultural Lands of Importance to the State of Hawaii 16 14 State Highway Bypass Concept 17 LIST OF EXHIBITS Appendix A Full Scale Preliminary Subdivision Plan Appendix B Full Scale Proposed Zoning Plan with Legal Description Appendix C Development Lease Agreement Page iii Section 1: Project Description Villages at Hokukano Change of Zone Application 1.0 PROJECT DESCRIPTION 1.1 REGIONAL LOCATION This application pertains to a portion of the Villages at Hokukano, an approximately 1,567-acre master planned project located in both the North and South Kona Districts at Hokukano. The site is situated approximately ten miles south of Kailua-Kona, about 2,800 feet makai of Mamalahoa Highway (Figure 1). The property is over two miles wide and its two side property boundaries extend approximately one mile mauka from the coastline. A middle portion of the property extends approximately two miles in from the coastline to an elevation of 1,240 feet. Pu'u Ohau, also known as Red Hill, is a prominent geological feature located near the coast in the middle of the property on the boundary of North and South Kona. The town of Kealakekua is located mauka of the property along Mamalahoa Highway and Captain Cook is approximately 1.5 miles further south along the highway (Figure 2). Access to the property is presently gained from Haleki'i Street. The subject property is owned in fee and leased by 1250 Oceanside Partners (dba Oceanside 1250) and includes tax map keys (TMK) 8-1-04: 03 portion; 7-9-12: 11, 04 and portions of 03. The leased portion comprises approximately 261 acres of the 1,567- acre property and is subject to a long term lease agreement with Ackerman Ranch, Incorporated. Section 7.2 of the lease agreement (Appendix C) permits the applicant to file land use applications, such as this rezoning application, which affect leased portions of the property. 1.2 DEVELOPMENT PLAN The Villages at Hokukano is a master planned low density community focused on a 27-hole Jack Nicklaus designed golf course. The preliminary development plan includes the 27-hole golf course, golf clubhouse and related facilities, a members' 1.0 Project Description Page 1 0 Kauai Oah £7 Maui sCC3i ISLAND LOCATION MAP NOT TO SCALE iHAWAII u eia �_ Kam � 'rnk/IQ S Lt Hilo *Kailua, Kona Atomook 1 f °MECT 111 ttel N.....__Naaleh ISLAND OF HAWAII Figure 1 LOCATION MAP VILLAGES AT HOKUKANO 0 ���31N.1N.1 1/93 yuYU,a/iu - �J KAUPULEHU FOREST RES E RVE S er weweaM prep I - __- "44-- --`: HES7aDti D ` 0 Pure/R `Z w �NAIK Ot0\ AMNeue Hue/ele i O p 1 H ti it wew wr h K A L v $y, Hem. Craw C Te1.N M ' �U_ Mk. 1%5 unclip I,cN N 7c, 1N92' ,k n r Releleh \-z-_- Ip 1 - \I.4 (lµC1W'U - - T Kam` `I 1 Vmunu - Nonekek•,, - • Be , - b &WI&haell c1F Nrr' rn' '/ SN-f 1 \ Kf" µS ..' P.IMP/ wf . NO'P � K.r.AMY ' " ' I 1 19 II - . .Hneu K.Me.AUR v �'� \ o .'7�a ✓ 5' O ,l Co.Rae ''fir,.�_t��� dm _ . E^�,\"� _ - 41‘ P KAILUA i "n . _--^ - �o.°� . 2 \ ^uK KONA s� �� :,� I haler Puu o I► ewuan,wl _ - ,. Kane)h 0 O� r 'O in J? -1 I �Y ,+JEEP 1 K•blla K.Mi `V _ T--'S�RV 1r r Keweese.oaw� ss) \ .� FpFES F • 11. •� \\O 1 KEAUHOU � K E"i P ' *P - 0 Ke.1.YerePt��_ . Ip 14 `" o v 1.P ( '. Puu LO .l Z N O K A U • I - 1-tN 4 1 Malmo. Ku.YMI R 1 1 - — .Iww la �'Hon.b O /Warm*ee R VA M' 1'2 • I A` T R sit, ' - ` le ho.rw I Wuo A.p,A Tv\ KEALAKEKUA x 1elaMe R HOUM. • •F so el.keku. H,dKUKA0e1NrO--.=*pADU Ls_,WA -, ,♦+ Mows Pt P Irj•, PROJECT SITE �- K E' 111000 , 41111111111 , Kea ‘a G lift } r� V. K 'A � ' (r1 tow, p MOIL Cook R ' M We Kdobku. y Bap i 0 Wel l / �E 1 HONAUNAU I K Prat••le•e h' /1 w•11 +• 1Y FOREST RESERVE w Rwnl.R Figure 2 REGIONAL CONTEXT MAP VILLAGES AT HOKUKANO a to 0 .5 1 2 ) l l alt N.1N 111 source: USGS. 1980 MILE 1/93 Villages at Hokukano Change of Zone Application lodge of up to 80 units, an historic park area, an approximately 140-acre coastal park area, open space elements, and approximately 730 agricultural lots, with associated single family dwellings and agricultural uses. In October of 1993, the applicant received permit approvals from the County Planning Commission, allowing for construction of a 27-hole golf course, golf clubhouse and related facilities, and public access improvements within the County Special Management Area (SMA). Subsequently, the applicant received rezoning approval from the County Ordinance 94-73 that permits subdivision of the upper 684 acres of the property into lot sizes of one acre or larger. The subdivision is planned in a manner that will integrate agriculture use areas as a component of the agriculture lot subdivision. As part of the regulatory approval process the applicant prepared an Environmental Impact Statement (EIS), which addressed the potential environmental impacts for the overall development of the Villages at Hokukano. The Final EIS for the Villages at Hokukano was accepted by the County Planning Department on September 23, 1993, and its availability was published in the October 8, 1993 issue of the Office of Environmental Quality Control (OEQC) bulletin. Since the time of initial regulatory approvals, and largely as a result of numerous meetings and discussions with residents and representatives of the surrounding community, Oceanside 1250 has revised its master plan for the residential portion of the development. Initially, the applicant had envisioned a predominantly single family development and lodge facility, with a total of 1,540 units. This program, however, would require urbanization of portions of the property in order to achieve the intended densities. In response to a desire on the part of both the community and the applicant to avoid the urbanization of this area and to help remain consistent with the rural character 1.0 Project Description Page 2 Villages at Hokukano Change of Zone Application of the surrounding region, the revised master plan for the Villages at Hokukano would reduce the overall project density nearly in half by extending the same lot sizes achieved in the mauka portions to the makai area. Under the revised plan, the total number of units would be reduced nearly in half from 1,540 units to approximately 810 units. This would include the potential units in the mauka portion, previously approved under Ordinance 94-73. Additionally, the agricultural program, which was planned as part of the agricultural lots in the mauka portion, will be extended to the makai area, as well, and integrated as a component of the proposed agricultural lot subdivision. The State Conservation District, which extends approximately 300 feet inland from the coast, is planned as a natural public shoreline park element. Together with portions of the golf course, the Conservation District provides a significant open area between the coast and the planned residential areas. Public shoreline access, including parking, hiking, and trails integrated with the program for historical interpretation, is also provided along the coastal area. The requirements for public access and park improvements are detailed within the conditions of the SMA Use Permit for the project golf course (SMA 93-1) and within the conditions of the Zoning Ordinance 94-73. 1.3 STATEMENT OF OBJECTIVES This Change of Zone application covers the second increment of residential and agricultural development for the low density, master planned community. The requested change of zone is to allow for approximately 400 one to three-acre agricultural lots with associated single family dwellings and agricultural uses, which would be developed on approximately 756 acres in the lower portion of the property. A SMA Use Permit application to allow for portions of the proposed development that occur within the County designated SMA zone is being submitted to the County concurrently with this application. In the future, additional applications will be 1.0 Project Description Page 3 Villages at Hokukano Change of Zone Application submitted to the County to allow for subsequent phases of development, including the members' lodge, shoreline park improvements, and other project related facilities. Even with the reduction in the project density, the owner's overall objectives remain the same: to develop a master planned community of the highest quality, with respect and care for the land, and sensitivity to the issues and concerns of the residents of this area. The applicant's goal is to integrate the proposed development with the environment in a manner that enhances the outstanding natural features of the area, and to mitigate potential impacts to the greatest extent practical. The applicant, based upon their proven track record and experience with similar developments, firmly believes that the Villages at Hokukano community can serve as a model for future development in the area and will serve to enhance the quality of life and economic vitality of the region. 1.4 SITE CHARACTERISTICS/EXISTING CONDITIONS Presently, the subject property consists of pastureland used for grazing. The adjacent lands consist primarily of pasture and residential, agricultural and open space uses within the State Conservation District along the shoreline. Directly mauka of the property is the Kona Scenic Subdivision, which is accessed from Haleki'i Street. 1.5 REGULATORY DESCRIPTION The subject property is currently within the State Agricultural District, as designated by the State Land Use Commission (Figure 3), except for approximately 140 acres along the coastline, which are within the Conservation District. The County General Plan designation on the Land Use Pattern Allocation Guide (LUPAG) map (Figure 4) is Extensive Agriculture (EA) and Orchards (OR), while a portion along the coastline is designated Open Space (0). As noted, the upper portion, comprising 1.0 Project Description Page 4 y Y /6.r. L•M �' .• 'L.. �. r / .� r iS i a o 4•' ■ • •--z--, °!S'_-1 II-II 4:' u• I — .u f A 1 _ 1 M,•3g, - �; ��• —AMP II ilk L. �. u •••4 It :.m - ••' -. • • . 'i�vse „,7►��' • .d. I 1\ .tom Y.. �4 1) ■ ' ' - Tom/ •- '.r t1 • _ t ..•t.• 40111110 _ tl a It /Z ,r r , ', H I • • it /200 I ,i; -. .....4j ,,,,c,_ ___ r-lztv . • 7. , • 1 I 3 \✓t Ir _ ; 3 -.- iJ. �. 4C / - 1 — - _ u— O / f r x- - ._c" _ ;— ' y 'off % 3 ° -" ' -O - ITOJCTdSITE " _ —1-a, OUNDAF ( �N" + x ` 1� - y_ x eoo_ - �' _ '- ,7 - ✓E Iii _iv. � 1 EC)M (.;ril Jr. •.-41 . ki _._ lx. �' -4 =; ,f _�/ I600. TT_ h1_�/ _l-• ,41 IL ! . ; - — _ �_ i. ' QOot 1 — �a �/ f 1 1 : . 700 r ii i� — / 1 t 1 _ L' 7 _ i '� ' - -.. N — I • PA .r.` -- -- JEEP TRgIL' LyL';�\•tf.,0 - - +`' ,y c 4 ° •'rt•Q1 "7,r°-.1.7 j as +.rh' " i;Y' ,b�, ' �• S 1'1 . L 1. �`r_ ■ ' c �;y4 N"' tin. x' i1 t1*�.{1 ;` r � . . . T 1 +Ei'Z: . ` y r am -. i ,•i t; � ?a # f 1-- y .•y{ ; z t .4 y kiY 7`4 =M {e µ k =i h"% . st_ K, „t •,. •e' tri r , AI .. i +',. ,�'+ �f ' r y5 r Y f p . * 5`/'aiq.',j :fit 1 r v '. ` } , < • • �4 " 1 s 7 � n ti i , ^ Y e.�f,3y A-Y-;iT}Z"a .Y� ti 'y r ;iL 'Qd., w: ti�r eF _ f r frJ_ , - . y � • U STATE URBAN DISTRICT R STATE RURAL DISTRICT Figure 3 A STATE AGRICULTURE DISTRICT STATE LAND C STATE CONSERVATION DISTRICT USE DESIGNATIONS VILLAGES AT HOKUKANO source: S.O.H.,Dept.ol Planning d Urban Development, 85 0 425 850 1700 1'131\ State Land Use Commission;STATE LAND USE \` M STRICT MAPS_COUNTY OF HAWAII;pnnted Feb.1992. "'N "' FEET 1/93 LD L -tom ,J, _ ;. 'b _4 -_-:"--4,1: ._ „ !N , _ — rte.. .� / _-:0 a _ , ,. , ..._ „....., , ---i ' .). - - . - - ) _ __ . . . : ,:., : _ _, .. . EA i . _ OR __ - "446...: - - ---7_, .,..-.-__- 2f,-- - __,,,_ ; = - (.. _ OR - .. 1 - , - - - �'•�_.�,, / - .‹ PROJECT SITE __. . I_ a_. BOUNDARY EA/ /. , • , _ ..i , : . " • _ _OR ' - ;' - ,V�� �C--`1j�.r`, •yam... _..ms.••µ__- - iti:It' . -' ' -.. -. -- ? - - / ', - 1 It II I _ / t a� _- - E 1 . I Y''1 ti .�4 r �"�1 OS‘' +7 tis - . ... ‹....74 4; .q .• ....._.7......... z j EGEND Mp MEDIUM DENSITY URBAN LID LOW DENSITY URBAN OR ORCHARDS EA EXTENSIVE AGRICULTURE OS OPEN SPACE Figure 4 FLOOD PLAIN COUNTY GENERAL PLAN VILLAGES AT HOKUKANO GENERAL PLAN BOUNDARY ) ' 0 425 850 1700 PIIR source:Planning Hawaii County of Hawaii; `` County of Hawaii General Pigg;adopted Nov.1989. H°w■I! FEET 1/93 Villages at Hokukano Change of Zone Application approximately 684 acres, is zoned Agriculture one-acre minimum lot size (A-la) and the remainder is zoned Unplanned (U). The SMA boundary generally follows the Old Government Road, encompassing the area between it and the coastline (Figure 5). 1.6 DEVELOPMENT PLANS Although this application is to request zoning approval for the second phase of residential development, this has been described in the context of the overall master plan for the Villages at Hokukano, as shown in the Preliminary Development Plan (Figure 6). At buildout, the Villages at Hokukano would include a 27-hole golf course, golf clubhouse, related facilities, a members' lodge of up to 80 units and approximately 730 single family dwellings. Overall, the project density will be approximately 810 units or approximately 0.5 units per acre. Approximately 140 acres along the shoreline are planned to remain within the State Conservation District. This area, in part, will serve as an oceanfront archaeological park, enhanced with a hiking trail/interpretive system linking sites of historical and cultural interest and providing access along the entire shoreline for the hiker and fisherperson alike. Parking for the public shoreline access will also be provided. 1. 7 CHANGE OF ZONE The applicant seeks to rezone the Unplanned (U) portion of the project lands to Agriculture (A-1 a) to allow for the proposed subdivision of approximately 400 lots of one to three acres in size. This represents the second phase of development. The proposed zoning and preliminary subdivision are shown in Figures 7 and 8. Throughout this application, references to the "Villages at Hokukano," the "project lands," or "the property" refer to the 1,567-acre property or the full development, where as references to "project site" or "proposed development" refer to the proposed agricultural lot subdivision within the approximately 756-acre portion of the makai area covered under this Change of Zone application. 1.0 Project Description Page 5 ., , - - I r . -�` ' • •. / _' ', , iv I R Q I I � ^ ICN.-y i' G�f.1.s 1 o\ CN-10 c Y q•tl, �Vi'H- �_ 11111 .5o I o I) lti: 0 j JA-HONALO . ---- at. :ONE MAP : 4,, 2 R —15 \ . I . I A-5a Y , V U W, • Q 0 f l J J Y Y . _ II 16,- i cc I N i0 u . PROJECT SITE i > , A-5a 1 � ) ..// BOUNDARY o u., •., I . � / • 2 I r a I J J � A (:,4. —1a U ti • I , •■„,a„,-,....i, l't .\ '2 N " IJ �. ° l a n p eh j N VN� o 2. IN \ (0 pl '. 0 0 �1 V _ --- trek • . :....„-• l'iL D LANNE Quo.::. � . - s »� - LEGEND SPECIAL MANAGEMENT AREA Figure 5 EXISTING COUNTY U UNPLANNED ZONE ZONING/SMA A-la AGRICULTURE (ONE ACRE) ZONE VILLAGES AT HOKUKANO Source: County of Hawaii;NORTH KONA ZONE MAP.SECT.7.02.effective May 24,1967 ;, 0 310 620 1240 Pill (last revision Jun 25,1991);SOUTH KONA ZONE MAP.SECT.7.03, effective May 24,1967(last revision May 22,1991). FEET 1195 —r CA PV H .0 G c rod. b a R. c < X < H to 6 n 7z t0 'b O z r pC ,— ., x 0 '11 ti G ( Y el E E. el e. r, •a, 8 c ex cuii c a c R o 9, o `0 �' 00 9° al w v, o--, cn $ c N b b c b o . 0 0 0 0 0 0 0 0 0 ' 0 0 0 b 0 o w y CD o C R. °o G • • • • c • H 't cn kt rn ',o 'ea' o v x ez va r ~. 0 0 �° °° $', A G a aq w z2:Jxizz ,:sx) z5z ,Jpopza: 0 7* eD 1 M. M. M. '3. C/, P i x n CO rt n n CO rt n CO n A n rt CO CO r► N 7 7 0 C C 7 C C 0 C 7 C O C 0 py C �. C. C- C. C. C. C. C. C. C. C. C. C. C. C. C. 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( . { • rS = \ ' -�. ` . -- , ( t t. ) 1 ,° 1 die .rry1 ..._ • n ;ry " . r . 1 •• _ —PARCEL A - .. ,. n • - RESIDENTIAL/AGRICULTURE - _ .fi i �' .,. , ' � l .z•—�. _._t-....�.... ..........._4...`C' 4�e'er' - '. , , . ,_„:::::„.,,,„,,::„......„ .. .„,: . ' PARCEL L',. \+RESIDENTIA RIOULTUAE i s R�: ti Y _\\` ,i PARCEL D -_} " PAACE�: .L RESIDENTIAL:AGRICULTURE '/ - jr: _ _ - .. f .,, '\ ��\.. %, /\ - _ .. -RE§IOEN'f7ALr'AOa1CLjlTURE-- - 1 !i 6 t �-7E AE i \ �� ' , ern �� • �i - �P AL/A RIO/JRRRE` P RO-E Y. '' ����� � -, ��► Rt \ EID L 1 • / * I NTIA R q . e, -1 u . \i:. ' � { �' v� PARCEL 'r y�J /2( J`^� 1 ■ fl ,r '�'�T / TIIJ�6 M�NGE Y LODGE .��' �. KAtauLti: 4 7ii'yr C V /�ARCEL _ I UL ` % �/ ' REA::H • ,\`\ � R,.Ip3. / --GOLF COURSE - V f-- �> 0 �Q nu a o+5AV ' . 'PA L P C `i\ \ J \ v . '.,,':. PARCEL W N 1 `. ,`• ^� \. �' ' q, , ,CONSERVATION y'�.+ ,,, L �' `»`,' r DISTRICT 1 I 1• Q jrn '.x. ;.'X ;. - \\ I L--, j'' CONSERVATION \ J� i 1 /\N \ o ,r --/., . '-- '^..T '?I" 1t"° a tJISTAK7 ,.�;. "' .. Y "s xt 1� t ...,4.7,..„., ',ir IAGRICUL RE \ ' J - --- -,HOKUKA O; 0 //'�� j _ I, \ CONSERVATION O!STR!C1 .. I! PRELIMINARY j SUBDIVISION PLAN VILLAGES AT HOKUKANO - Planning/Design Team 1, Gage Davis Associates 1, 0 310 620 1240 1,1;1 PBR HAWAII ' FEET 1/95 11 ' Villages at Hokukano Change of Zone Application 1.8 PHASING & TIMING OF ACTION Development of the golf course and golf clubhouse, approved under Use Permit No. 93-2, is anticipated to begin in 1996 and be completed by the year 1997. Development of the agricultural lots covered under this application, following zoning and subdivision approvals, is expected to begin in 1996 or 1997 and continue for fifteen or more years, when buildout of the residences is anticipated. 1.0 Project Description Page 6 Section 2: Environmental ee Socio-Economic Issues Villages at Hokukano Change of Zone Application 2.0 ENVIRONMENTAL & SOCIO-ECONOMIC ISSUES The following provides a general description of environmental and socio-economic issues considered in the planning of the proposed development at Hokukano. More specific information on the existing environmental conditions can be found within the Final EIS prepared for the Villages at Hokukano. It is assumed that with the downsizing of the Villages at Hokukano project, any potential environmental impacts would be reduced proportionately. The proposed mitigation measures, however, would remain generally consistent with those presented within the EIS. 2.1 ARCHAEOLOGICAL/HISTORICAL RESOURCES From August 20, 1991 to January 17, 1992, Cultural Surveys Hawaii performed an archaeological inventory survey of the 1,567-acre parcel. The survey report was completed in July 1992 and can be found within the Final EIS (Volume II, Sections III- 1 and 111-2). The primary goal of this inventory survey was identification of any and all cultural resources within the total project area. The survey was designed to meet the requirements of the Department of Land and Natural Resources State Historic Preservation Division (DLNR- SHPD). The inventory survey identified 473 sites and site complexes within the full property. Of this total, 162 sites were recommended for preservation, 18 were recommended for selective preservation (e.g., preservation of selective portions of walls or trails), 289 sites were recommended to be available for data recovery, and 4 were deemed no longer significant. Limited subsurface testing was conducted at nine probable and possible burial sites, one agricultural mound complex and within two of the extensive lava tube systems. 2.0 Environmental/Socio-Economic Considerations Page 7 Villages at Hokukano Change of Zone Application a� Approximately two hundred acres of the overall property, including a portion of the project area, were previously studied by Paul H. Rosendahl, Inc. in Pu'u Ehu Estates" (Kaschko 1984). Upon review of that document by the DLNR - SHPD, it was agreed (Dr. Ross Cordy, personal communication 1991) that a section of the Pu'u Ehu ter, Estates project area - "Hokukano Flats" - had been subjected to an inventory level survey, and there was no need to reexamine that particular area in the present study. However, sites outside of the "Hokukano Flats" area which had been previously described were resurveyed and are described in detail as part of the archaeological report. Although the majority of the archaeological sites is found in the lower elevations and along the coast, some important features, including the remnants of agricultural features, burials, ceremonial sites (heiaus), cave shelters, and house sites, "" occur within the proposed development area. Prominent features within the project site include most of the Great Wall of Kuakini and distinguishable portions of the King's Trail. To mitigate potential impacts to the historical/archaeological resources of the project area, the recommendations of the consulting archaeologist, which are subject to approval from the DLNR-SHPD, will be followed by the applicant. These include: • Preservation of the burial sites. Those sites listed as probable burials would be favored for preservation if burials are found during testing. • Preservation of all heiaus and sites listed as probable heiaus. • Preservation of all major lava tube sites, including all tubes containing burials. • Preservation of selected examples of multi-component habitation sites mauka of the Conservation District. • Selective preservation, i.e., preservation of portions of the Great Wall of Kuakini, the distinguishable portions of the Ala Loa trail (also known as the King's Trail), the railway bed, and the ahupua'a boundary walls. 2.0 Environncental/Socio-Economic Considerations Page 8 Villages at Hokukano Change of Zone Application With regard to the Ala Loa trail, in conformance with the recommendations of the consulting archaeologist, the developer plans to preserve the trail in place, with slight modifications, as necessary. In those areas where there is no evidence of the trail, the developer proposes to reestablish it in the general area where it was once located based on existing map information, historical references, and compatibility with the proposed land use. At points where the recreated trail intersects project roads, appropriate signage and alternative pavement treatments can be used to provide continuity through the project site. The procedures of Section 43, Chapter 6e (Historic Preservation, HRS) will be followed for those possible burials identified within the project area not preserved "as is". Buildings, roads, infrastructure, and the proposed golf course have been planned to avoid all sites noted for preservation, including appropriate buffer zones. The specific treatment for trails and other features designated for preservation would be determined as part of the regulatory approval process, in conjunction with the recommendations of the DLNR-SHPD, the Hawaii Island Burial Council, the State Na Ala Hele Trails Advisory Group, and other resource groups. The mitigation program for archaeological sites, including plans for preservation, will require approval by the County Planning Department, in consultation with DLNR SHPD, prior to issuance of a grading permit for any portion of the proposed development. The applicant and consulting archaeologist will continue to work together with local historians, resource persons and community groups to gain a full appreciation of the historical and archaeological resources of the project area. Should new archaeological/cultural sites be found during project construction, the County Planning Director and the State DLNR-SHPD will be notified and appropriate mitigative actions taken. 2.0 Environmental/Socio-Economic Considerations Page 9 Villages at Hokukano Change of Zone Application 2.2 NATURAL & SHORELINE RESOURCES 2.2.1 Flora A botanical survey report of the entire 1,567-acre property was conducted in November, 1991 and can be found in the Final EIS (Volume II, Section I-1). The survey identified the composition of the vegetation cover, described and mapped the vegetation types, and located and identified any proposed or listed threatened or endangered plant species. At least 98 percent of the study area vegetation was examined. Within the property, only two major vegetation types were identified. The most significant was a canopy of Prosopis trees with mixed grass understory, while a minor portion of the site along the mauka portion was Koa haole, Prosopis scrub vegetation. No proposed or listed candidate rare, threatened or endangered plant species was found on the site. Native species such as the Euphorbs, Wiliwili trees and a single Capparis would be preserved or propagated and used in the landscaping plan to the extent practical. Many of the Prosopis trees would also be saved and moved to places where they would provide quick shade. 2.2.2 Fauna Fauna typically consist of introduced species and are transient in nature. These include the mongoose, cardinal, Barred Dove, Spotted Dove, Common Myna, Golden Plover, And House Sparrow. Feral dogs, cats, pigs and rodents are also known to the area. The project at buildout will alter the faunal character of the area. Previously used for pasture purposes, the more formal open landscape areas surrounding residences and 2.0 Environmental/Socio-Economic Considerations Page 10 Villages at Hokukano Change of Zone Application agricultural uses will contribute to habitat diversity for the fauna which are present or frequent the area. In some instances, the greater diversity in plant materials and water features may actually increase the available habitat for several species, primarily the Golden Plover and Ruddy Turnstone. According to the Survey of Avifauna and Feral Mammals at Hokukano dated October 16, 1991 (Final EIS, Volume II, Section I-2), no endemic species were found on the property. Additionally, the limited number of migratory shorebirds recorded on the site was due to the lack of suitable habitat. Endemic birds such as the short-eared owl or Pueo and Hawaiian Hawk or I'o may forage in this region, however, none were found on or near the project lands. No unique wildlife habitat was found on this property. 2.2.3 Marine Communities & Water Quality A Quantitative Assessment of the Marine Communities and Water Quality was completed in April 1992 by Richard Brock, Ph.D. (Final EIS, Volume II, Section I-3). In general, the marine communities resident to the waters fronting Hokukano are diverse and the fish communities do not show the declines in abundance that have been encountered in many other Hawaiian coastal settings in recent years. No unusual marine species or communities were noted in the study area. No threatened or endangered species were encountered within the study area, however, several humpback whales were noted well offshore of the site during the March 1992 field effort. Despite not seeing green turtles (a threatened species), it is expected that turtles would, at a minimum, pass through the waters fronting the property. In the study area, 24 sites were established to quantitatively assess water quality characteristics. One of these sites included a nearshore brackish water well, the remaining stations were within the marine waters. The water quality sampling indicated conditions typical of well flushed, undeveloped West Hawaii coastal settings. 2.0 Environmental/Socio-Economic Considerations Page 11 Villages at Hokukano Change of Zone Application The potential for impact to marine communities with development of the project site is probably greatest during the construction phase of the project (i.e., sediment input into the ocean). The porous nature of the substratum and relatively low rainfall characteristics of the project site suggest that if prudent construction techniques are used (i.e., removing vegetation only as immediately needed, use of temporary settlement basins, etc.), the opportunity for negative impact to the marine communities due to sedimentation can be mitigated during the construction phase. Per County requirements, erosion and sedimentation control plans will be submitted with all grading plans. Additionally, a storm water permit application meeting National Pollutant Discharge Elimination System (NPDES) requirements will be submitted to the State Department of Health (DOH) for approval prior to any construction activities. 04,. To further insure protection of the marine environment, a marine quality monitoring plan has been prepared and will be implemented prior to construction. The program will monitor any significant changes to the marine environment and, if any are detected, implement appropriate mitigation measures for arresting and Po reversing the conditions. Ongoing monitoring will ensure the effectiveness of these measures. 2.2.4 Drainage/Flooding Four drainageways touch or cross the property. The Flood Insurance Rate Map (FIRM), as shown in Figure 9, shows Flood Zone A running along the northern property line and another Zone A traversing the project site near the southern property line. Flood Zone AE traverses the site midway into the southern half of the property and another Zone AE runs along the southern property line. Zone A is defined as areas within the 100 year flood plane where no base flood elevation has been determined and Zone AE is the same except that the base flood elevation has t�. been determined to be at a specific elevation. 2.0 Environmental/Socio-Economic Considerations Page 12 1. 1 i —'—_ / • o 9. " . I o ZONE AE a,•\ ' O ZONE AE ° ZONE A 11 O MP ZONE X " ZONE X / Ca. ( ° ,:/ l• r . PROJECT SITE ' ` ►° ° BOUNDARY o ° 1 r I o 1 1 " 1 it I 1 I 1 a ' ° ,r ZONE A ° . ~ I r I 1 ° . � ' i ZONE X ° ZONE X ; ° ° 1 . ► ��� r 4 O I . O � ° ZONE X i iIl ° �%��__ I ° ZONE X t ° ' ` . " a jY - ft i ow 1 i I IT It Ocean Pacific LEGEND i 1 ZONE A 100 YEAR FLOOD PLAIN BASE FLOOD ELEVATION UNDETERMINED ZONE AE 100 YEAR FLOOD AREA BASE FLOOD ELEVATION DETERMINED ZONE X AREAS OF 500 YEAR FLOOD:100 YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN I FOOT Figure 9 OR WITH DRAINAGE AREAS LESS THAN 1 MILE; FLOOD INSURANCE AND AREAS PROTECTED BY LEVEES FROM 100 YEAR FLOOD.(ASSOCIATED WITH FLOODWAYS.) RATE MAP ZONE X AREAS DETERMINED TO BE OUTSIDE VILLAGES AT HOKUKANO 500 YEAR FLOOD PLAIN. source:Federal Emergency Management Agency; ' 0 425 850 1700 PI BIZ silo , :L. ..,. • , b • ' HAW I I I l revised Sept.16.1988. \ �� 1/93 Villages at Hokukano Change of Zone Application Although the flood zones along the two property lines protrude into the site at some points, they do not appear to significantly affect the development plan. The two drainageways situated within the interior of the property traverse the proposed residential development areas and golf course. In compliance with County of Hawaii flood zone regulations, plans will ensure that habitable structures are placed outside these zones or that necessary improvements are made to accommodate development. The most significant impact on existing drainage characteristics will result from the creation of roadways. The onsite drainage system will consist primarily of dry wells to dispose of runoff generated from the roads. No offsite drainage improvements are anticipated. Standard engineering and design precautions and adherence to State and County design standards will be followed in the design of the drainage system. The proposed development and drainage improvements will not impact storm flows within the existing drainageways, as surface runoff will be limited to pre-construction volumes and velocities. 2.2.5 Physical Geography The topography of the property can be characterized as gently sloping pasture land. General slopes average approximately 10 percent, with some steeper portions exceeding 15 percent associated with gullies and rock outcroppings (Figure 10). No streams traverse the site, although some drainageways have evolved during intense storms. The fractured lava soil base generally permits rapid absorption of surface water. There would be minimal changes to the general topography of the project area as a result of the proposed development. Mass grading will be limited for the most part to that required for the construction of the golf course and internal roadways, which are designed to respond to the natural lay of the land and require as little grading as 2.0 Environmental/Socio-Economic Considerations Page 13 „ .._-:._._•,----,-,, ..._,',r--r-f-----1-:: ...., e"----7 1 , _ ••••,-.-----,`..--\ - : ,:,. 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' :.• ,-,-.-::: :,..::!•,;• •••.::.;:....;:-. , ...-i,..--_:'.,;.,.32. .,• -:!..:•:-.'....-;:t..-:...-;-.-...-. .--.:-.....,-,:, ...s"'.'-‘7--)':.- .i.;-- -- .• ,'-'.::.' ::-,':'•. :;:,...,:::>\:.• ':- --::.>, -, :. • :,-;-.; ) •- ...:- . ' :1:Mi;•••,..:41`e:,'4r.:....' . .. , ag END .5%SLOPE F.71 5-10.%SLOPE ILL] 10-2014 SLOPE Figure 10 SLOPES >20 SLOPE ES AT H01700KUKArs7.110 16 t,, NV Ullimmr711. 1/93 Villages at Hokukano Change of Zone Application practical. Through implementation of design guidelines and controls, building envelopes will limit residential development to those areas more suited to construction with little topographic alteration. 2.2.6 Geology/Soils The soils found on the subject property consist of six types classified by the United States Department of Agriculture Soil Conservation Service (Figure 11). The description of soil characteristics on the subject property is as follows: • KDD: Kainaliu very stony silty clay loam, 12 to 20 percent slopes. This soil generally follows the long narrow patterns of lava flows, but can be isolated and surrounded by more recent flows. On the subject property, these soils may be agriculturally suitable for macadamia nuts and pasture. • WHC: Waiaha extremely stony silt loam, 6 to 12 percent slopes. The surface layer is very dark brown comprised of extremely stony silt loam approximately 4 inches thick and slightly acid. Subsoil is dark brown very stony silt loam and neutral to mildly alkaline acidity approximately 14 inches thick located above pahoehoe lava bedrock. Permeability is moderately rapid, runoff is slow, and the erosion hazard slight. • rKED: Kaimu extremely stony peat, 6 to 20 percent slopes. This soil is generally found at low elevations. The surface layer is very dark brown extremely stony peat approximately 3 inches thick and underlain by Aa lava. Permeability is rapid, runoff is slow, and the erosion hazard slight. This soil is not suitable for cultivation, however, some small areas can be used for pasture, macadamia nuts, papaya, and citrus fruits. 2.0 Environmental/Socio-Economic Considerations Page 14 w# #1:72n1.-%.. x,.. ,,,.-.-- 4 x f ` - F,a1`' it' :s ", .lt44i 1. waN 0"r'x• _ a wc'<t',` wws- '',A 3< $' • " #-#'-k 44".,',4"„.4;',',x 40' - .�- Msc4 _ _ Ta ,.` p - r 1� j w _! is ; +i,f��a� •., rwc.r 7i'..H, .3 1„/)( , . "***-44, O ` q g�;a7 .,d". .y. till „ ,>> r :..,',„. ,."k t. -- a a a';` r y t4 - w a ` _ _ y e.{ .<%.q •r i1 s H .,,•,,t a ,1. ` y r ' � - • f r t " c N w4 'Y ,Sr'a s - y w - .5 0 '�,.., ' ':-- 0 e4', 't r .4 F' 1f 4sg�` a {}.jN) j ;a ' d r 4, ,'- r- C) "i 'a . ,,,Y .". x •a 4 4,4 ,e. 4t_i . >> : " ,,(( *i�pp% Villages at Hokukano Change of Zone Application • rLW: This soil type is also known as Pahoehoe lava, a "miscellaneous land type". Although this lava often has a billowy, glassy surface, it can also be rough and broken. There is no soil covering and typically bare of vegetation except for mosses and lichens. Annual rainfall and elevation vary widely. • rPYD: Punalu'u extremely rocky peat, 6 to 20 percent slopes. This soil type characteristically has rock outcrops occupying approximately 40 to 50 percent of the surface. The soil layer on the surface is approximately 4 inches thick and underlain by pahoehoe lava bedrock. The peat portions of the soil are rapidly permeable while the pahoehoe lava is very slowly permeable if not fractured. Runoff is slow and the erosion hazard is slight. • rCL: Cinder land. This soil type is located primarily at Red Hill and is considered as a miscellaneous land type consisting of bedded cinders, pumice, and ash. The particles have jagged edges and glassy appearance and show little or no soil development. Although some grass can be supported, it is not good pastureland because of its loose consistency and poor trafficability. • KEC: Kainaliu extremely stony silty clay loam, 12 to 20 percent slopes. This soil is at low elevations on Mauna Loa and Hualalai. The surface layer is very dark brown extremely stony silty clay loam about 10 inches thick. The subsoil is approximately 16 inches thick and underlain by fragmental A'a lava. Other soil classification systems used in Hawaii are the University of Hawaii Land Study Bureau System and the Department of Agriculture Agricultural Lands of Importance to the State of Hawaii (ALISH). The Land Study Bureau's Detailed Land Classification Report for the Island of Hawaii has designated the project lands as predominantly Class D and E, with a small portion designated as Class B and Class C (Figure 12). From an agronomic 2.0 Environmental/Socio-Economic Considerations Page 15 , l #.'� , 7?�, t M ,, .. ,4 1%;7r 4'x s. ='Fr •'7q A� `- Sf.t -wi - •fi, ., k°:14-""{ ..� .. :s4�M `si � ° ,,?", x ,�.. � ai r � •!t.s S x°�- 4:‘,:: ' I '9 't_� ,k- .{— • re'..:.... 'f i.. r i ..t •4:,,e... �`.,y, "t... i :.., L....4g,;;,,,,,, s 'zi°T, Er"• ,,, h;', ,_l^ '• .. .. tw, er r •i,. ,w t 13 x:i"`.,1 . zt a #- . i• •s ,c. I 4�,y'g`r •_ t - . -- a -- .'.+ w R ,'3"`7'ti, '•."r -� "-';. :' 4 + ,"rti +w• ! j•+W.tt yy• -a.. •,w„ g tl-Y a s",i/z; � f°. z. _.� rte' -. . -' :.,.44 : Villages at Hokukano Change of Zone Application perspective, these soils are generally moderately to poorly situated for agricultural use. The Class B soils comprise an area of about five acres and are located in the upper elevations, outside the area of this rezoning action. Similarly, no area of the project lands has been rated as "Prime" or "Unique" by the State's ALISH system (Figure 13). Portions of the property have been identified as "Other Important", however, none of these are used for cultivation of crops. The project area has historically been used for cattle grazing. The seasonal character of the climate and quality of grazing land results in a relatively low ratio of grazing animals to acres of pasture land and other, more suitable areas for pasture use are available in the region, especially in the mauka areas above Mamalahoa Highway, where more consistent rainfall and vegetation are present. To provide for and support agricultural activities on agriculturally zoned land, the agricultural program planned for the upper development area would be extended to the proposed subdivision. The program would provide options for integrating agricultural zones within the agricultural lot subdivision covered in this application. These zones would be configured to allow for ease of access and provide for the practical and efficient agricultural use of the land, such as, floraculture, orchards, or other uses which are compatible with the surrounding residential development. It is expected that the agricultural tracts will be provided to farmers through a leasing arrangement at a nominal cost, in order to support long term and viable agricultural use of the land, or through other programs aimed at providing similar results. To mitigate the potential for soil erosion, construction specifications will provide plans and describe techniques to control sediment in accordance with County requirements. Design techniques for the project will minimize required grading and the potential for soil erosion by the establishment of onsite retention basins and 2.0 Environmental/Socio-Economic Considerations Page 16 / ••t5i•1'•�• • 1:==�-..-•-'I 4•.,• /II-.• �• I " `: -17)!--1-"--., J1• I ...... .•:: ,• t 4••11••• • II ` �. •$:•• ,• •J••• F // ,%nom / •r• • '1 • • •�•:::: j ,'.!('..,. .�'�• •�,: *7'0,, � /600`�L �i-• ,�'•..—••1= •'?lam t I / • •J�•if-:—iv,,,,,,. •: i••:i: •. ti ;• it _ L.•••.• • • • II••it \ 11 ' _ ' ...c..-........,...: / ••.�•••• .:1••i . .. � �:-mac-,;; '� t—,• �•�• ' ,-•` r •. . .. . .;:=;''':• • • r • ��11 _ JIB �......1..•.'�•:•'..•.•.'. •• • • • ••i--4 • . •it .I II '.f.'.'.'.' rr• • • I • • •• • • r: •••• • - — a.:...•:..:� • ••.� PROJECT SITE-) ,=� :_ :`,::::::::.,,,li•- BOUNDARY - - r • .•: \ ,Q - U _i 10°• ::�c : ' �, _ - _ ' • ....,:::,' 4:"..iii:;{ ' -- ' --71‘' --+- •• rX— _ J. _1 A •' 4 Q. • . I - a a I O � BADOND,/ 60• i `: :::::':•:::. -:-i — - -_ '', -./, , ' 4 __.. �__ �/ '- •: •fir - al - • - 200-1— ■I Ro I. • •• K•.•........ wA<< --- `y- — �j , TOO \ •:••••:.:-:-:•:-..... lit - 'v - ,1 I - PACK .• _• JEEP 1 1 _ • 3 --- --c TRAIL .. -11 c, - r may, — ♦ 1 I 13 o I?' • * G> ' 60 / I •,° r o.1. C3 Igo * o • : I••?. Igo �1• _}_ •; co Figure 13 - AGRICULTURAL LANDS OF FaEND IMPORTANCE TO THE STATE f_:_:_1 UNIQUE AGRICULTURAL LAND OF HAWAII F:::::::"OTHER IMPORTANT AGRICULTURAL LAND VILLAGES AT HOKUKANO 1... -I EXISTING URBAN DEVELOPMENT 0 425 sso 1700 11 Ut source:S.O.H.,Dept.of Agriculture;AGRICULTURAL t ANDS OF `` IMPORTANCE TO THE STATE OF HAWAII;Jan.1977. �� 'W"' FEET 1/93 Villages at Hokukano Change of Zone Application other acceptable alternatives. Retention basins or water features will be incorporated into the project to ensure that surface water is allowed to remain on the property long enough to recharge the underlying groundwater and reduce its per minute discharge. Surface water runoff will be limited to preconstruction per minute volumes. 2.3 TRANSPORTATION/CIRCULATION Access to the property is currently provided from Haleki'i Street, an eighty-foot wide right-of-way linking the site with Mamalahoa Highway. At the intersection with Mamalahoa Highway, Haleki'i Street has a channelized "T" intersection with separate left and right turn lanes. With development of the project and at the County's discretion, Haleki'i Street would be extended into the project lands following an alignment through the central portion of the site, and then extend north to the project boundary (Figure 14). This alignment for the extension of Haleki'i Street is generally consistent with the alignment shown on the County General Plan Facilities Map. Future traffic will be affected by construction of the Mamalahoa Highway alternative road, which would traverse through the mauka portion of the property. The proposed road has been planned to remove some of the through traffic from Mamalahoa Highway and help relieve the current congestion at peak periods in the villages. As noted, the applicant has applied for and received rezoning approval for the upper portion of the property. At the time of the previous Change of Zone application, the bypass road alignment proposed by the developer was to begin at a point at Kuakini Highway in the general vicinity of Higashihara Park and extend south to the junction of Mamalahoa Highway and Napo'opo'o Road. Since the initial proposal, the applicant has held several meetings with the community and representatives of the State Department of Transportation and the County. Based on input from these meetings, an alternative alignment is being considered. This 2.0 Environmental/Socio-Economic Considerations Page 17 Villages at Hokukano Change of Zone Application alignment would extend Alii Highway from its current terminus at Keauhou to Mamalahoa Highway at the junction with Napo'opo'o Road. The alternative general alignments for the bypass road are also shown in Figure 14. A detailed traffic impact study addressing potential project related traffic impacts and intersection and roadway improvement requirements was prepared by Parsons Brinckerhoff Quade & Douglas, Inc. (Final EIS, Volume II, Section II-1). The traffic study forecasts that with the proposed project, the bypass road will significantly reduce volumes along Mamalahoa Highway, therefore improving operating conditions at the existing Haleki'i Street/Mamalahoa Highway intersection. The study further projects that, if forecasted conditions are realized, improving the bypass road to a four-lane road is recommended by the year 2005 and signalization of the Haleki'i Street/bypass highway intersection may be warranted to facilitate left turn movements. All approaches to the highway alternative road/Haleki'i Street intersection are recommended to have separate through and left turn lanes. With construction of the proposed project, the applicant expects to initiate the intersection improvements at the Haleki'i Street/Mamalahoa Highway intersection and participate with the County and/or State and other landowners in planning, design and construction of one of the alternative highways. In this regard, the Villages at Hokukano project will allow for a new road to be built sooner than would otherwise be possible and at little or no cost to the State or County, thereby making a positive contribution to the local and regional roadway system. Although the proposed mitigation measures remain the same, the potential project-related traffic impacts, as described within the traffic study, are expected to be considerably diminished with the planned reduction in total units. 2.4 SOCIO-ECONOMIC FACTORS The proposed development of approximately 400 lots and supporting infrastructure is expected to generate increases in regional employment and population levels, as 2.0 Environmental/Socio-Economic Considerations Page 18 G1 4i Villages at Hokukano Change of Zone Application well as increases in State and County tax revenues. Early increased employment opportunities would be associated with employment occurring during construction of the project's related infrastructure. Additional employment for the project's operational needs, sales and maintenance will occur as portions of the project's construction are completed. Construction of the individual homes on the one acre and larger lots would occur over many years and should help to revitalize employment levels within local construction companies. It is expected that housing demands generated by the in-migration of construction employees, given the relative size of the project, will not be significant and will be readily absorbed by existing single and multi-family units that are available in the region's short term rental market. Based on the analysis within the Fiscal Impact Assessment conducted for the project (Final EIS, Volume II, Section IV-2), the project is expected to generate positive fiscal benefits to the County and State of Hawaii. These fiscal impacts have been evaluated by comparing the tax revenues against operating expenditures projected to be incurred by the State and County governments. Considered were additional expenditures of State and County public resources in terms of public safety, maintenance of highways, recreational facilities, health services, education and public welfare, and other governmental functions. County government revenues would primarily be in the form of real property taxes on the new facilities. Revenues to the State government would be composed primarily of general and specific excise taxes, personal income taxes paid by new State residents and general excise tax on sales revenues attributed to the community. The Fiscal Impact Assessment estimated that the Villages at Hokukano project would provide $4 and $17 million annually in net tax revenue to the County and State over the next 30 years. Consumer expenditures generated as a result of the full development were estimated at $9 million per year once the project begins, reaching $34 million annually by 2020. Personal income generated by the full development 2.0 Environmental/Socio-Economic Considerations Page 19 • ' �( ;11 ' , p;• •":;r1;',.;.,'1 --'- 1 ''....a A L rI I /('; 11 1- - ' ' \ i I '( \ 1 1 roa.....•• Woo s.,a•Bornn ,.r •1• I L I •t�'�•I){ R' .� 1t 8 `III I 1 �` ✓'/ •( ,bt (w• � ' 1,II 1'I(� Lr ' r r. \ I \ I ■ •\. 0 �.,''\l ),l i ! .,•k � (",-�1), AP: 1 1 I 1 (',` . ,\ 'I , ,I ;, i ! 1 :a^ , �F i �j •K.r, `.�fu,A ,i.. 8,` �' � �i, �• M 1`,, 1 �. A\ ` E'1 ', 1 \ \Ya _71.1 W,..0 o N.,.a.M - ( I (� ( 1 \. r ( �\1 1, \.,\'' i •"_ 't 1 � :%F�_ \�. J 1 I 1 I \ I I ' I 1 11/'� \, \ \P' a_ ; { ITCH Ali\,, ? L 'I1j.•. �I ';' ? ' �+i)' , i II > i �— \ ' � j,•,! (11 I� 1i X11 't/6'• -u1 V ', ��I� ! 1 , \i \ • \\ `3 (=^'l 3.!(M �( ',L". .i - i ..e: I' ` 1 i I JqI 1 ,„: .'t. 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I I =-,,• 1 F L A I, A.O Keanekaheka �� _ O \° F ( _ - ��g•CbCd111��i(ii Bay a `I -P ', • , ,' -,, 1- ••-,-. / \, • --,0 . , '..- -.: • ii • l y• ,+ N....n:'h•k..'""a.:1 , , 1'- ' \ Pq,n.'2 lam\- \�' ,� ✓., Niaawaloo ° :.., mow i..:•..... e' \‘'`,1-44 ±� .. non wna,o.,./1, w. �, •• 4:4;',/-', i1 � sue ��•.ii <o .. . \ I\- X E A L A K E X U A - 1 p B A Y i.; `, O•, \\.‘.• \•fb Ka.YaF..�— O _ .... (/) 0i � —I 0 q 1mph A O —I s x C Z =% O I Villages at Hokukano Change of Zone Application will range from $8 to $10 million over the 30 year construction period of the project. In addition to direct economic benefits, the project will provide all onsite and many off site infrastructure improvements, thereby minimizing project impacts to area infrastructure. Other benefits will be derived from additional County and Statewide jobs and assessment fees paid to the County and State as part of the entitlement process. The economic and fiscal impact assessment report found in the Final EIS, Volume II, Section IV-2 further defines population and employment impacts related to the proposed development, which would be reduced somewhat with the downsizing of the overall project. 2.5 PUBLIC SERVICES AND FACILITIES 2.5.1 Solid Waste Management The primary solid waste disposal facility servicing the subject property is located in Puuanahulu, South Kohala, with the nearest transfer stations located at Keauhou and Napo'opo'o (Keei Station). The Puuanahulu Landfill, which opened in October 1993, is estimated to have a "life expectancy" of 70 to 150 years. Applying the refuse generation rate of six pounds per capita per day used in the West Hawaii Sanitary Landfill EIS, 1992, the buildout population for this phase of development, amounting to approximately 400 homes, would generate approximately 10 to 15 pounds of refuse per day per residence. The total amount of refuse per day would vary depending on the rate of buildout and occupancy. During the 1991 legislative session, the Integrated Solid Waste Management Act (Act 342) was enacted. The statute mandates that the County submit an integrated solid waste management plan to the DOH Solid Waste Branch. An integrated solid waste management plan meeting the approval of DOH has been proposed but has yet to be formally adopted by the County of Hawaii. In accordance with governmental 2.0 Environmental/Socio-Economic Considerations Page 20 Villages at Hokukano Change of Zone Application requirements, the developer plans to prepare a solid waste management plan for the proposed project and submit it to the Department of Public Works for review and approval prior to final subdivision approval. The plan would comply with the requirements of the proposed County Integrated Solid Waste Management Plan, should this be adopted by the County of Hawaii and would address such matters as collection and disposition of solid waste generated by the project, onsite solid waste reduction programs and implementation schedules. Based on the incremental development of the project and the available capacity of existing landfill sites, sufficient waste disposal capacity is expected to be available to accommodate the project. Solid waste would be removed from the site by private refuse collectors and disposed of at approved County landfill sites. In that the proposed project would not cause a change in the manner of collection and/or disposal, and no hazardous waste would be generated, the project is not expected to result in any adverse impacts relative to solid waste disposal. 2.5.2 Power & Communication Systems Electrical and telephone services are provided by Hawaiian Electric Light Company (HELCO) and Hawaiian Telephone Company (HTCO), respectively. Based on discussions with utility engineers, both HELCO and HTCO anticipate that normal power and communication services can be provided to the project site from existing and planned facilities. The Electrical and Communication System Analysis prepared in November 1992 by Ronald N.S. Ho & Associates (Final EIS Volume II, Section II-2) states that onsite facilities for the utility systems should have minimal impact to the environment and surrounding properties. Noise and aesthetic considerations, safety hazards and loading impacts will be within normally applied guidelines. A 69 kilovolt (kV) transmission line is located along Mamalahoa Highway and links itt the Captain Cook substation to the electrical generating facility near Keahole 2.0 Environmental/Socio-Economic Considerations Page 21 Villages at Hokukano Change of Zone Application Airport. HELCO anticipates that a substation will be required to serve the project and that the 69 kV line along Mamalahoa Highway would be extended to a substation site located near Mamalahoa Highway. Onsite electrical and communication systems would be underground with the exception of the 69 kV electrical lines from Mamalahoa Highway to the proposed substation site. The maximum electrical load forecast for the 400 residential units is approximately 5.8 megawatts (MW). At the projected project buildout rate, it would take nearly 20 years before this maximum demand is realized. Annual load growth attributable to the proposed project is a minimal part of HELCO's islandwide annual load growth projection for 1995 to 2010. Based upon the limited number of homes that would be built annually, the power supply would not be impacted, as new generation plants come on line over the same time period. Currently, a 20 MW generation plant is planned at the Keahole power plant and an additional 36 MW are scheduled to be added. In an effort to minimize energy consumption, energy conservation measures will be encouraged by incorporating practical energy efficiency guidelines as part of the design guidelines and controls of the proposed development. 2.5.3 Sewage System The project area is not serviced by a public wastewater collection system. As such, onsite collection, treatment and disposal for the residential wastewater will be required. In order to address the full development needs of the subject development, a central sewage collection system will be installed. The onsite system will consist of a collection system and a treatment plant with disposal of effluent for golf course irrigation. Preliminary studies indicate that the collection system would consist of gravity sewer lines ranging in size from 8 to 15 inches, pump stations and force main. The treatment plant is planned to consist of a sequencing batch reactor (SBR) facility (providing secondary treatment) and tertiary treatment to achieve Class A reclaimed effluent for use as irrigation water in accordance with DOH guidelines. DOH guidelines require that the developer establish a DOH approved irrigation plan and groundwater monitoring system. 2.0 Environmental/Socio-Economic Considerations Page 22 Villages at Hokukano Change of Zone Application It is estimated that all of the Class A reclaimed water can be utilized to irrigate the golf course. The sewage generated by the full Villages at Hokukano development (approximately 810 units) at build out is estimated to be 0.32 million gallons per day (MGD) and the estimated golf course irrigation use is approximately 0.90 MGD. The difference is planned to be made up by using brackish or other nonpotable water. The sewage generated by this phase of development, which totals approximately 400 homes, is estimated to be 0.14 MGD. The SBR system was recommended for wastewater treatment because of its ability to be installed in increments, however, other design alternatives may be explored as well. Project buildout schedule favors a system that can be constructed in phases. Aeration lagoons were also considered, however, these were not selected because of the area requirements and visual impacts to the project. 2.5.4 Water Source Both potable water for the residential units and nonpotable water for the golf course, and agricultural uses will be required for the proposed project. Potable water will be provided from the existing County of Hawaii North Kona Water System, where water commitments (499 units) are sufficient to meet the needs for the initial phases of development. An eight inch transmission line presently runs along Mamalahoa Highway and a 0.25 million gallon reservoir above Kealakekua provides storage for the system. The sources for the system are the Kahaluu wells located above Kona at Keauhou Resort and the new Haleki'i Well. Like the North Kona system, the South Kona system can be divided into upper and lower service areas. The South Kona system is supplied by three wells at Keei and a fourth to be in service soon, with a present total capacity of 1.58 MGD and a safe capacity of 0.79 MG. The average usage is 0.496 MGD. The developer is required to pay a facilities charge to the County Department of Water Supply for each water unit put into use. This facilities charge is used to make any offsite system improvements required to deliver water to the project boundary. The developer is required to construct all onsite facilities. 2.0 Environmental/Socio-Economic Considerations Page 23 Villages at Hokukano Change of Zone Application In order to meet the balance of water demand for the project beyond the existing agreement for 499 water commitments from the County of Hawaii, a second potable source will need to be established. The average daily water demand for the approximate 400 residential units, referred to in this application, is estimated to be approximately 160,000 gallons per day (GPD). The developer has secured well site options for two potential well sites on adjacent properties at the 1,200 to 1,400 foot elevations. Negotiations are ongoing with adjacent landowners for the potential joint development of these sources. It is expected that should a second potable well be required; it could be turned over to the County of Hawaii for operation, provided an acceptable agreement is reached with the County. Several alternatives exist for the source development of irrigation water, including the possible development of an onsite brackish groundwater supply as a primary source. Onsite irrigation wells are expected to produce water with chlorides ranging from 250 to 1,000 milligrams per liter. A well recently developed onsite at the 800 foot elevation produced approximately 340 milligrams per liter of chloride water and showed a capacity of approximately 0.70 MGD. Test results from the onsite well and local hydrographic data indicate a high probability for suitable brackish well sources onsite. A complete assessment of the existing hydrological conditions in the area of the project site was conducted by Waimea Water Services and is contained within the Final EIS (Volume II, Section II-5). Initial hydrological studies (Bowles, 1992) projected that groundwater recharge for the study area (bounded by the ocean, the 5,000 foot elevation, and lines drawn parallel to the district boundary one mile to the south and 2.75 miles to the north), may total approximately 60 MGD. Since 1990, discoveries of high level groundwater have been made in the area mauka of Mamalahoa Highway. High level groundwater has been found in several wells scattered from Kalaoa in North Kona to Kealakekua Bay in South Kona, with water 2.0 Environncental/Socio-Economic Considerations Page 24 74. • Villages at Hokukano Change of Zone Application levels in excess of 350 foot elevations, verified by pumping wells at Keei and above Higashihara Park at Honalo. At the new well mauka of Kona Hospital, water levels at 490 feet have been verified. Based on the initial estimate of recharge, the seaward flow of groundwater through the property is estimated to range from 4 to 6 MGD. The average daily water demand for the full development of the Villages at Hokukano is projected to be 351,000 GPD of potable water and 1,130,000 GPD of irrigation water. In that the project is planned to use treated effluent as the supplemental source of irrigation water for the proposed golf course, eventually providing an estimated 450,000 GPD, the total irrigation water requirements from groundwater sources at buildout are estimated to be approximately 680,000 GPD. The maximum daily potable water demand for the full Villages at Hokukano development is estimated to be 526,500 GPD, which is based on the average daily demand multiplied by 1.5. Based on the estimated quantity and quality of groundwater flow through the area, the groundwater resources are more than adequate to support the potable and irrigation water needs of the project. 2.5.5 Public Services The project area police and fire services are provided by facilities located in Captain Cook, less than a mile from the project site. At present, these facilities are adequate to serve existing area requirements. The police station is a substation of the main facility located just north of Kailua-Kona at Kealakehe. The fire station is staffed by 18 people divided into three shifts, providing 24-hour coverage. Equipment consists of a 1,500 gallons per minute (GPM) pumper carrying 1,000 gallons of water, a mini- pumper 4X4 carrying 300 gallons of water, and an ambulance. A 24-hour emergency ambulance service is located in Captain Cook in conjunction with the Captain Cook Fire Station. Current response time to the project site is estimated to be five to ten minutes. The nearest available health facility is the State 2.0 Environmental/Socio-Economic Considerations Page 25 Villages at Hokukano Change of Zone Application operated Kona Hospital in Kealakekua, located about one half mile mauka of the property. Although the hospital is licensed for 54 acute care beds, only about 40 are normally available for acute care because of staffing and other limitations. However, according to the West Hawaii Regional Health Center Task Force Report of October 1989, the State DOH is committed to renovating the Kona Hospital "without delay", at the cost of $9 million. The State legislature has also identified the planned improvements as a legislative priority. Senate Bill No. 258, introduced in the current legislative session, specifically addresses the appropriation of funds for the planned Kona Hospital renovations. Although the proposed project may result in increased requests for police and fire protection services, it is expected that these will be relatively insignificant and not cause significant impacts to the level of police and fire protection services provided in the project area. The project is planning to employ its own security service, which would be increased as the project is developed. The proposed project could also add to the demand on emergency health care services due to the added population, however, existing conditions indicate that the health care facilities in West Hawaii require upgrading with or without the proposed project. Residents of the proposed project would be able to seek emergency care at Kona Hospital, and as noted previously, an emergency ambulance service is available to the project area. In order to facilitate the planning of public facilities and services, State and County agencies will be kept informed of the ongoing development plans and estimated construction timetables. 2.5.6 Schools The South Kona District is served by the Konawaena Elementary and High Schools, both in Kealakekua. A new elementary school is also being planned for the general area, although specific details about it are uncertain at this time. To mitigate potential adverse impacts on educational facilities, the State Department of 2.0 Environmental/Socio-Economic Considerations Page 26 .wa Villages at Hokukano Change of Zone Application Education (DOE) will be kept informed of the planning for the Villages at Hokukano in order that funds can be requested from the State Legislature to provide the necessary classroom and other educational facilities on a timely basis. Immediate impacts on education facilities are not anticipated since individual lot OFR sales and eventual buildout will occur over an extended period of time. According to the market study prepared for the Villages at Hokukano development (Final EIS, Volume II, Section IV-l), most residents will be mid-level managers, retirees, and second homeowners. Consequently, most of these families will not have school age children, and the average household size is expected to be around 2.2 persons per unit. As such, the number of school age children is expected to be relatively small, and additional demand on educational services is expected to be minimal. " ,ate 2.5. 7 Recreational Facilities !NF are, Abutting the eastern (mauka) edge of the property is located the five-acre Kona Scenic Park, which includes a ball field used for organized sports activities. The project site is approximately seven miles from the State operated Kealakekua Bay " Historic Park, formerly known as Napo'opo'o Beach Park. Recreational activities at the park include snorkeling, swimming, hiking and sightseeing. Facilities at the park include a picnic area, pavilion and restrooms. Also in the general region are " Ho'okena and Miloli'i County Beach Parks, which provide picnic, camping, swimming and snorkeling areas. The 14-acre Kailua Park, located at the Old Kona '"" Airport, contains lighted play fields, tennis courts, meeting facilities, restrooms, park offices and a bike track. Higashihara Park, although too small for competitive team sports, has tennis and outdoor basketball courts and a small playground with swings for children and a pavilion. The 180-acre Pu'uhonua 0' Honaunau National Park, within which lies the historic "City of Refuge", is located approximately nine miles south of the project site. In that the proposed development plan provides for recreational amenities such as a golf course, coastal and internal hiking trails, ocean and neighborhood related 2.0 Environmental/Socio-Economic Considerations Page 27 Villages at Hokukano Change of Zone App lication amenities, and with the anticipated socio-economic characteristics of potential residents, the impact to local recreational facilities is expected to be minimal. Overall, the project is expected to have a positive effect on the availability of recreational opportunities in West Hawaii through the provision of improved public access to the shoreline area and availability of project related recreational activities to the public. The developer has proposed to manage the shoreline area as a passive coastal park available for public use and has agreed to provide up to two acres for the expansion of the Kona Scenic Park located mauka of the project site. 2.0 Environmental/Socio-Economic Considerations Page 28 Section 3: Consistency with Goals, Policies, & Courses of Action of the General Plan Villages at Hokukano Change of Zone Application 3.0 CONSISTENCY WITH GOALS, POLICIES & COURSES OF ACTION OF THE GENERAL PLAN The Hawaii County General Plan expresses broad goals, specific policies and courses of action for long range development in the County of Hawaii. The following sections describe the consistency of the proposed development to the pertinent goals, policies, and courses of action of the General Plan. 3.1 ECONOMIC Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvements shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County of Hawaii shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 30 Rte_ Villages at Hokukano Change of Zone Application • The County of Hawaii shall require a study of significant social and physical impacts of large developments prior to approval. • The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the expansion of the fishing industry, various forms of aquaculture, and other fresh and ocean water based activities. • The County shall identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. • The County shall strive for full employment. Response: The proposed project will increase the availability and variety of job opportunities for local residents, resulting in higher employment and improvement of the quality of life for local residents. By working with the community to identify pertinent issues, using sensible planning principles, and developing needed support facilities and infrastructure in an orderly fashion, the proposed project will minimize any potential adverse effects on the physical and social environment of the area. The proposed development will provide continued employment for those in the construction and real estate industry and other jobs needed for the operation and maintenance of the related facilities, such as the golf clubhouse, infrastructure, restaurants, and golf course. Also, consistent with the County General Plan's economic policy of encouraging ocean based activities, recreational activities such as ocean fishing and diving will be available to project residents and to the public. Economic and fiscal studies conducted for the preparation of the project EIS have indicated that the proposed project will have a positive effect on the local economy by providing direct and indirect employment opportunities and bringing increased State and County tax revenues. Additionally, because the proposed project is 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 31 Villages at Hokukano Change of Zone Application generally residential and agricultural in character, rather than being tied to the visitor industry, it will be less susceptible to the cyclical trends of the economy and thus will provide for greater economic stability to the region and Island's economy. 3.2 ENERGY Goals • Strive towards energy self-sufficiency for Hawaii County. Policies • The County shall strive to educate the public on new energy technologies and foster attitudes and activities conducive to energy conservation. • The County shall strive to assure a sufficient supply of energy to support present and future demands. • The County shall provide incentives which will encourage the use of new energy sources and promote energy conservation. Response: To the extent practical, the engineering design of the community related facilities associated with the proposed subdivision will utilize appropriate technologies to help ensure efficient use of energy. Additionally, the developer has agreed to use of Strategies for Energy Efficient Architecture 1990, State Department of Business, Economic Development and Tourism as a guide for residential design within the project. Opportunities to conserve energy in the areas of water heating, lighting, air conditioning, refrigeration and others, as appropriate, will be encouraged in residential development, including passive design techniques aimed at reducing the need for mechanical air conditioning and lighting requirements. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 32 Villages at Hokukano Change of Zone Application 3.3 ENVIRONMENTAL QUALITY Goal • Maintain and, if feasible, improve the existing environmental quality of the island. „n Policies • The County of Hawaii shall take positive action to further maintain the quality of the environment for residents both in the present and the future. • Minimum controls are established by the Federal and State governments; through its powers the County shall reinforce and strengthen established standards where it is necessary, principally by initiating, recommending, and adopting ordinances pertaining to the control of pollutants which affect the environment. • The County shall keep apprised of and advise the public of environmental conditions and research undertaken about the island's environment. • The County shall encourage the State to establish air and water quality monitoring stations in areas of existing and potential urban growth. Response: One of the primary goals of the proposed development is to preserve the natural beauty and qualities of the property by carefully integrating the development into existing land forms with as little disruption to the natural conditions, as practical. The applicant will endeavor to maintain or improve environmental quality, will comply with all Federal, State, and County environmental rules and regulations, and will mitigate potential adverse impacts to the greatest extent practical. Applicable pollution control measures will be employed, such as 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 33 Villages at Hokukano Change of Zone Application those County approved erosion control measures to be implemented prior to and during construction phases, which will limit the potential for soil erosion and sedimentation. Additionally, in concurrence with a County approved marine water quality monitoring plan prepared for the project, coastal marine waters will continue to be monitored on an ongoing basis to detect any significant impacts to water quality. Construction of the project will remove cattle and a portion of the koa haole and kiawe trees. Removing these nitrate producing organisms will lessen the amount of nitrates introduced into the ocean and may thereby improve water quality. 3.4 FLOOD CONTROL & DRAINAGE Goals • Conserve scenic and natural resources. • Protect human life. • Prevent damage to manmade improvements. • Control pollution. • Prevent damage from inundation. • Reduce surface water sediment runoff. Policies • All development-generated runoff shall be disposed of in a manner acceptable to the Department of Public Works. • It is the responsibility of both the government and the private sector to maintain and improve existing drainage systems and to construct new drainage facilities. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 34 Villages at Hokukano Change of Zone Application Response: The primary development areas described within this application occur in a portion of the property that is not subject to potential threat from strong wave action or tsunami. Although two minor flood zones, associated with drainageways, do impact the project site, the development plan will insure that habitable structures are placed outside these zones or that necessary improvements are made to accommodate development. Standard engineering and design precautions and adherence to State and County design standards will be followed in the design of the drainage system. Additionally, construction specifications, in accordance with County requirements, will provide plans and describe techniques to mitigate the potential for erosion and to control sedimentation. To further ensure that erosion control is maintained, a marine water quality monitoring program, as previously noted, has been implemented along the shoreline area to identify any related impacts, should they occur. 3.5 HISTORIC SITES Goals • Protect and enhance the sites, buildings, and objects of significant historical and cultural importance to Hawaii. • Access to significant historic sites, buildings, and objects of public interest should be made available. Policies • Agencies and organizations, either public or private, pursuing knowledge about historic sites should keep the public apprised of projects. .x. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 35 sow Villages at Hokukano Change of Zone Application • The County of Hawaii shall incorporate sections to evaluate, manage, or protect historic sites, buildings and objects into appropriate ordinances. • The County of Hawaii shall require both public and private developers of land to provide a historical survey prior to the clearing or development of land when there are indications that the land under consideration has historical significance. • The County of Hawaii shall encourage the restoration of significant sites on private lands. • The County of Hawaii shall collect and distribute historic sites information of public interest and in conjunction with the State, keep a current inventory of sites. • The County shall also aid in the development of a program of public education concerning historic sites. • Signs explaining historic sites, buildings, and objects shall be in keeping with the character of the area or the cultural aspects of the feature. Response: A full archaeological inventory survey of the property was conducted by Cultural Surveys Hawaii. Historic sites have been identified, and their documentation, protection, and restoration, where appropriate, are incorporated as part of the plans for the proposed development. In accordance with the recommendations of the consulting archaeologist and other community resource persons, designated sites will be preserved and, where appropriate, restored and incorporated as part of an overall interpretive program integrated with a pedestrian trail network. Public access to important historic sites will be provided, as appropriate. Where recommended, signage will be provided explaining the significance of the site and its relationship to the history of the area. Additionally, an historic park will be established within the project site and incorporated as part of an interpretive program providing information on the native Hawaiian and modern 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 36 ear Villages at Hokukano Change of Zone Application fo history of this area. Additionally, a unique building envelope program is planned to be incorporated into site planning. The envelopes are planned to identify what areas can accommodate construction, thereby helping to protect portions of the lot where archaeological sites exist. 3.6 NATURAL BEAUTY Goals • Protect, preserve, and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. • Protect scenic vistas and view planes from becoming obstructed. • Maximize opportunities for present and future generations to appreciate and enjoy natural and scenic beauty. Policies • Increase public pedestrian access opportunities to scenic places and vistas. • Access easement to public or private lands which have natural or scenic value shall be provided or acquired for the public. Response: The Villages at Hokukano seeks to maintain, as well as emphasize, the rural character of the area through integration of a low density development with generous open space elements. The planned agricultural lots, with associated single family dwellings and agricultural uses, will range in size from one to about three acres. The homes on these lots will be subject to architectural standards calling for use of appropriate colors and shapes, as well as height restrictions to enhance visual .014 integrity with the surrounding area. Restrictions on landscape materials are also envisioned to provide harmony. Eft 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 37 Villages at Hokukano Change of Zone Application Public access to the shore with provisions for public parking is to be provided within the property allowing greater access to scenic views in areas adjacent to the project site. Public access would be provided through a public shoreline trail system integrated with the archaeological interpretive program. 3. 7 NATURAL RESOURCES & SHORELINE Goals • Protect and conserve the natural resources of the County of Hawaii from undue exploitation, encroachment, and damage. • Provide opportunities for the public to fulfill recreational, economic, and educational needs without despoiling or endangering natural resources. • Protect and promote the prudent use of Hawaii's unique, fragile, and significant environmental and natural resources. • Protect rare or endangered species and habitats native to Hawaii. • Protect and effectively manage Hawaii's open space, watersheds, and natural areas. • Ensure that alterations to existing land forms and vegetation, except crops, and construction of structures cause minimum adverse effects to water resources and scenic and recreation amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. Policies • The shoreline of Hawaii shall be maintained for recreation, education, and/or scientific uses in a manner that is protective of resources and is of the maximum benefit to the general public. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 38 V6 IOW Villages at Hokukano Change of Zone Application G+ fit • The shoreline shall be protected from the encroachment of manmade improvements and structures. • Encourage the use of native plants for screening and landscaping. Response: The development of the Villages at Hokukano will strive to maintain and improve the quality of coastal, scenic, and open space resources. The proposed project does not impact the shoreline or conservation areas, other than provisions for improved shoreline access and for the archaeological interpretation program. A botanical survey of the property identified no endangered or threatened species on site. Similarly, a survey of avifaunal and feral mammals identified no endemic birds or unique wild life habitats within the property. Native plants species found on site, such as Euphorbs, Wiliwili, and Capparis would be incorporated in the landscaping plan to the extent practical. Many of the Prosopis trees found on site would also be saved and moved to places where they can provide quick shade. 3.8 HOUSING Goals • Attain safe, sanitary, and livable housing for the residents of the County of Hawaii. • Attain a diversity of socio-economic housing mix throughout the different parts of the County. • Maintain a housing supply which allows for a variety of choice. • Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. • Ensure that housing is available to all persons, regardless of age, sex, marital status, ethnic background and income. 3.0 Consistency with Goals, Policies Es' Courses of Action of the County General Plan Page 39 Villages at Hokukano Change of Zone Application • The cornerstone of the County's housing programs and activities shall continue to be the encouragement and expansion of appropriate home ownership opportunities for our residents. Policies • The County shall encourage a volume of construction and rehabilitation of housing sufficient to meet growth needs and correct existing deficiencies. • The County shall protect residential property values from depreciating influences. Standards Housing standards shall consist of and comply with: • Housing Code • Building Code • Electrical Code • Plumbing Code • Zoning Code • Subdivision Code • Standards of the single family and multiple residential land use element. Response: The proposed project will provide as many as 400 additional residential units, which can add to the County's primary housing market, helping to meet the growth needs of the North and South Kona Districts. Also, in keeping with the County General Plan goals and policies, the housing quality of the proposed development would protect surrounding residential properties from depreciating interests by creating a viable and cohesive community providing new homeownership opportunities in a pleasant, healthy, and safe environment. Design guidelines and controls will ensure high quality in residential construction and all construction would adhere to the applicable County code requirements. 3.0 Consistency with Goals, Policies e.e Courses of Action of the County General Plan Page 40 Villages at Hokukano Change of Zone Application 3.9 PUBLIC FACILITIES Goal • Encourage the provision of public facilities that effectively service community needs and seek ways of improving public service through better and more functional facilities which are in keeping with the environmental and aesthetic concerns with the community. Policy • The County shall continue to seek ways of improving public service through the coordination of services and by maximizing the use of personnel and facilities. Response: The proposed development will serve to increase tax revenues to the State and County and thereby support the goal of expanded protection, health services and sanitation installations servicing the community. Protection services may be supplemented with private security, thereby reducing the potential demand for these services. Water service for this development will be provided through the County water system. The developer is working with the County Department of Water Supply to integrate the potable water source being developed to support the proposed project as part of the County water system. The developer's contribution through development of additional water sources, as well as storage and transmission facilities, will help to upgrade the County's existing system infrastructure to the benefit of the surrounding community. Additionally, the developer's contribution to roadway improvements, including the Mamalahoa alternative highway and the Mamalahoa Highway/Haleki'i Street intersection, will help to improve current traffic conditions in the immediate area and surrounding villages. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 41 Ma Villages at Hokukano Change of Zone Application 3.10 PUBLIC UTILITIES Goals • Ensure that adequate, efficient and dependable public utility services will be available to users. • Maximize efficiency and economy in the provision of public utility services. • To have public utility facilities which are designed to fit into their surroundings or concealed from public view. Policies • Public utility facilities shall be designed as to complement adjacent land uses and shall be operated so as to minimize pollution or disturbance. • Utility facilities shall be designed to minimize conflict with the natural environment and natural resources. Response: Infrastructure systems will be constructed to support the proposed development, including roadways, wastewater, potable water, irrigation water, drainage, communications and electrical systems. Use of underground utilities will enhance the physical appearance of the project while also improving the system safety and reliability. Facilities will conform to current standards as to efficiency and quality. 3.11 RECREATION Goals • Provide a wide variety of recreational opportunities for the residents and visitors „ . of the County. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 42 Villages at Hokukano Change of Zone Application • Maintain the natural beauty of recreation areas. • Provide a diversity of environments for active and passive pursuits. Policies • Recreation facilities in the County shall reflect the natural, historic, and cultural character of the areas. • Public access to the shoreline shall be provided in accordance with an adopted program of the County of Hawaii. • The County shall establish a system of pedestrian access trails to places of scenic, historic, natural, or recreational values. • The County shall develop facilities and safe pathway systems for walking, jogging, and biking activities. Response: The proposed project will help provide increased passive and active recreational opportunities to the public by providing for improved access to the shore and to significant scenic and historical sites located within the State Conservation District lands through the provision of public parking and a pedestrian access trail system. Several scientific surveys and studies of the environment at Hokukano have been made to accurately identify the existing natural resources of the site. Based on these studies, development plans have been prepared to minimize potential impacts to the site's natural resources and important archaeological sites and, to the greatest extent practical, to protect and conserve them. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 43 OP Villages at Hokukano Change of Zone Application lea 3.12 TRANSPORTATION *o Goal • Provide transportation system whereby people and goods can move efficiently, POP safely, comfortably, and economically. Policy 00, • The improvement of transportation service shall be encouraged. Response: Traffic impacts related to the overall Hokukano development have been thoroughly analyzed and described in the traffic analysis performed specifically for the proposed project by Parsons Brinckerhoff Quade & Douglas, Inc. (Final EIS, Volume II, Section II-1). The results of this analysis indicate that future traffic conditions will be positively affected by the proposed construction of the Mamalahoa Alternative Highway, N. which would traverse the mauka portion of the project site. The proposed highway would divert much of the through traffic from Mamalahoa Highway, thereby helping to relieve the current congestion that occurs during the peak hours in the villages of Honalo, Kainaliu, Kealakekua and Captain Cook, and improving operating conditions at the existing Haleki'i Street/Mamalahoa Highway intersection. The applicant expects to participate with the State and other land owners in the construction of the alternative highway. In this manner, the proposed project will serve as the catalyst for construction of the highway, allowing the .., highway to be built more efficiently and sooner than would otherwise be possible. The necessary intersection improvements, in accordance with State Department of Transportation requirements, will be provided at the existing Mamalahoa Highway/Haleki'i Street intersections. ,o 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 44 M • Villages at Hokukano Change of Zone Application 3.13 LAND USE Goals • Designate and allocate land uses in appropriate proportions and mix in keeping with the social, cultural, and physical environments of the County. • Protect and encourage the intensive utilization of the County's important agricultural lands. • Protect and preserve forest, water, natural, and scientific reserves and open areas. Policies • Zone urban- and rural- types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Response: The master planned community of the Villages at Hokukano has been carefully planned in a manner that is responsive to the social, cultural and physical environment in the following ways. The proposed development is proximate to other regional public facilities providing ease of access to community services, employment centers, and public utilities and facilities. The proposed development has also been planned with the benefit of 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 45 Villages at Hokuhano Change of Zone Application extensive environmental and historical studies to provide for compatibility with the existing environment conditions and important cultural and historical features. The unique site characteristics of this area would be maintained through the development of low density neighborhoods integrated with generous open space areas, and through implementation of design guidelines and controls aimed at maintaining cohesion throughout the project and a visual integrity with the surrounding area. The overall project has been planned to maintain a low density character with an overall land use density of approximately 0.5 units per acre, in keeping with the rural character of this area. Agricultural activities will be encouraged by providing agricultural zones integrated as part of the development. Additionally, natural open space areas within the State Conservation District will not be impacted by the proposed development other than providing for greater public access. 3.0 Consistency with Goals, Policies & Courses of Action of the County General Plan Page 46 Section 4: Names & Addresses of Owners of Record within 300 Feet of the Applicant's Property Villages at Hokukano Change of Zone Application 4.0 NAMES & ADDRESSES OF OWNERS OF RECORD WITHIN 300 FEET OF THE APPLICANT'S PROPERTY 3-7-9-006-002 3-7-9-006-002 3-7-9-006-003 Patricia W. Wilson Roy A. Wall,Jr. William J. Paris,Jr. POB 1397 POB 187 POB 229 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-7-9-006-004 3-7-9-006-014 3-7-9-006-015 William J. Paris,Jr. M/M Brett Bernier Ackerman Ranch Inc. Duplicate 8410 NE Lauderdale Ln. POB 555 See 3-7-9-006-003 Meridian, MS 39305-9808 Kealakekua, HI 96750 3-7-9-006-015 3-7-9-007-042 3-7-9-011-035 Kealakekua Ranch Ltd. K. OUE, Ltd. M/M Isaac M. Tanaka Ackerman Ranch Inc. POB 145 POB 1253 Duplicate Kealakekua, HI 96750 Kealakekua, HI 96750 See 3-7-9-006-015 3-7-9-011-035 3-7-9-011-035 3-7-9-011-036 M/M Donald H. Tanaka Paulette S. Aoki M/M Christopher J. Robb POB 1253 Duplicate POB 538 Kealakekua, HI 96750 See 3-7-9-011-035 Kealakekua, HI 96750 3-7-9-011-037 3-7-9-011-038 3-7-9-011-038 Michael L. Kauth M/M Robert D.Jackson,Jr. Wallace K. Murata 4650 SW Ormandy Wy. 1600 Kapiolani Blvd., #1112 1600 Kapiolani Blvd., #1112 Portland, OR 97221 Honolulu, HI 96815 Honolulu, HI 96815 3-7-9-011-038 3-7-9-011-038 3-7-9-011-038 Claire J. Murata Florence C.Jang M/M Kevin Teves 1600 Kapiolani Blvd., #1112 1600 Kapiolani Blvd., #1112 1600 Kapiolani Blvd., #1112 Honolulu, HI 96815 Honolulu, HI 96815 Honolulu, HI 96815 3-7-9-011-038 3-7-9-011-038 3-7-9-011-039 M/M Guy G. Cordeiro Gary Schauweker M/M Robert D. Main 1600 Kapiolani Blvd., #1112 1600 Kapiolani Blvd., #1112 POB 284 Honolulu, HI 96815 Honolulu, HI 96815 Holualoa, HI 96725 4.0 Names &Addresses of Owners of Record within 300 Feel of the Applicant's Property Page 47 OP • aMt gem Villages at Hokukano Change of Zone Application 3-7-9-011-040 3-7-9-011-041 3-7-9-011-041 Yamagata Development Co. Yamagata Development Co. Michael Manila 3211 Melemele Pl. Duplicate c/o Yamagata Development Co. ,. Honolulu, HI 96822 See 3-7-9-011-040 Duplicate See 3-7-9-011-040 FM} 3-7-9-011-041 3-7-9-011-041 3-7-9-011-041 Kaoru Uyeda Masakuni Fukuda Raymond T. Murata c/o Yamagata Development Co. c/o Yamagata Development Co. c/o Yamagata Development Co. «� Duplicate Duplicate Duplicate See 3-7-9-011-040 See 3-7-9-011-040 See 3-7-9-011-040 3-7-9-011-041 3-7-9-011-041 3-7-9-011-041 Mitsuji Sasaoka Nobuyoshi Honda Masaru Kuriki c/o Yamagata Development Co. c/o Yamagata Development Co. c/o Yamagata Development Co. — Duplicate Duplicate Duplicate See 3-7-9-011-040 See 3-7-9-011-040 See 3-7-9-011-040 3-7-9-011-041 3-7-9-011-041 3-7-9-011-041 Kimio G. Shimizu Richard Yano Elizabeth Ibarra c/o Yamagata Development Co. c/o Yamagata Development Co. c/o Yamagata Development Co. Duplicate Duplicate Duplicate See 3-7-9-011-040 See 3-7-9-011-040 See 3-7-9-011-040 3-7-9-011-041 3-7-9-011-041 3-7-9-012-005 Kameto Hiraishi (dec'd) Yoshitaka Yano Ackerman Ranch, Inc. c/o Yamagata Development Co. c/o Yamagata Development Co. Duplicate Duplicate Duplicate See 3-7-9-006-015 See 3-7-9-011-040 See 3-7-9-011-040 3-7-9-012-006 3-7-9-012-007 3-7-9-012-008 Ackerman Ranch, Inc. Leilani Thompson Trust E.Jean Greenwell Duplicate POB 4 POB 1236 See 3-7-9-006-015 Kealakekua, HI 96750 Kealakekua, HI 96750 3-7-9-012-009 3-7-9-012-012 3-7-9-012-012 Gary Yamagata Ackerman Ranch, Inc. M/M Wilmot B. Boone 3211 Melemele Pl. Duplicate c/o Ackerman Ranch, Inc. Honolulu, HI 96822 See 3-7-9-006-015 Duplicate See 3-7-9-006-015 ' ' WP 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 48 Villages at Hokukano Change of Zone Application 3-7-9-012-013 3-7-9-012-014 3-7-9-012-026 Henry A. Greenwell Trust Roy A. Wall,Jr. Ackerman Ranch, Inc. c/o Mr. Robert D. Trantos POB 187 Duplicate POB 1720 Kealakekua, HI 96750 See 3-7-9-006-015 Kailua-Kona, HI 96745 3-8-1-003-001 3-8-1-003-020 3-8-1-003-020 Helen L. K. Francisco M/M Kimio Kawahara Ray H. Kawahara c/o Mr. Leo Francisco POB 513 POB 513 2522 Date Street,#703 Kealakekua, HI 96750 Kealakekua, HI 96750 Honolulu, HI 96826 3-8-1-003-021 3-8-1-003-021 3-8-1-003-021 M/M Bonifacio Cabilin Bernard Cabilin Martin Cabilin POB 313 POB 313 POB 313 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-003-021 3-8-1-003-021 3-8-1-003-021 M/M George Cabilin M/M Edgar Spencer M/M Vern Berry POB 313 POB 313 POB 313 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-004-001 3-8-1-004-003 3-8-1-004-006 Jack B. Greenwell Trust Oceanside 1250 Partners RMB #10 Hawaii, Inc. POB 47 74-5620A Palani Road, #200 15-15243 91st Avenue Kealakekua, HI 96750 Kailua-Kona, HI 96740 Surrey B C V3R8P8 Canada 3-8-1-004-007 3-8-1-004-008 3-8-1-004-009 M/M George D. Weatherton The Foo 1980 Trust RMB #10 Hawaii, Inc. POB 6086 1680 Ohawai Pl. Duplicate San Antonio, TX 78209 Honolulu, HI 96821-1340 See 3-8-1-004-006 3-8-1-004-011 3-8-1-004-012 3-8-1-004-012 M/M Wendell K. S. Foo Keliikipi Keakaa Estate Annie K. Akau 1680 Ohawai Pl. c/o M/M Warren J. Akau c/o M/M Warren J. Akau Honolulu, HI 96821-1340 76-6170 Plumeria Road 76-6170 Plumeria Road Kailua-Kona, HI 96740 Kailua-Kona, HI 96740 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 49 a OW Villages at Hokukano Change of Zone Application ow 3-8-1-004-013 3-8-1-004-014 3-8-1-004-015 M/M William E. Cowell Windward Dairy, Ltd. M/M Thomas T. Yokoi ` " POB 783 c/o Mr. Norman L. Greenwell 17212 Brighton Wy. „W Captain Cook, HI 96704 POB 248 Gardena, CA 90247 Kealakekua, HI 96750 - 3-8-1-004-016 3-8-1-004-017 3-8-1-004-018 Ann S. Simeona E.Jean Greenwell M/M Robert E. Neumeier ' c/o Danette Ibarra Duplicate 2820 Caspian Avenue o, 726 Iaukea Street See 3-7-9-012-008 Long Beach, CA 90810 Honolulu, HI 96813 not 3-8-1-004-019 3-8-1-004-020 State of Hawaii, DLNR ,„44 M/M John R. Hildinger J. K. Keliikipi Estate Michael Wilson, Chairperson POB 1487 c/o Marion P. K. Bush 75 Aupuni Street .., New Smyrna Beach, FL 32170 POB 3047 Hilo, HI 96720 Kailua-Kona, HI 96745 M/M George Schattauer 3-8-1-004-054 3-8-1-007-045 POB 1189 E. Jean Greenwell Elizabeth A. Richards Captain Cook, HI 96704 Duplicate POB 87 ' See 3-7-9-012-008 Kealakekua, HI 96750 3-8-1-007-045 3-8-1-007-045 3-8-1-007-045 Marilyn S. Wilson Trust Joan E. Coupe Trust M/M Charles Coupe Trust POB 87 POB 87 POB 87 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-007-045 3-8-1-022-019 3-8-1-022-020 M/M Miles H. Wilson M/M Wayne Kukita Paz A. Medina POB 87 POB 1004 POB 350 Kealakekua, HI 96750 Kealakekua, HI 96750-1004 Kealakekua, HI 96750-0350 3-8-1-022-020 3-8-1-022-020 3-8-1-022-021 Elden M. Galano Jolie G. Yamashita M/M Charles C.K Koseda - POB 350 POB 350 POB 48 Kealakekua, HI 96750-0350 Kealakekua, HI 96750-0350 Kealakekua, HI 96750-0048 3-8-1-022-022 3-8-1-022-023 3-8-1-022-023 Ronald Sanoria Roger R. Alcain Trust Ester Alcain Trust POB 1157 POB 1995 POB 1995 _ Kealakekua, HI 96750-1157 Kealakekua, HI 96750 Kealakekua, HI 96750 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 50 Villages at Hokukano Change of Zone Application 3-84-022-024 3-8-1-022-025 3-8-1-022-026 M/M Herbert Y. Ushiroda, Sr. Stanley W. Cantor M/M Cecil P. Loera POB 184 POB 475 POB 1761 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-022-027 3-8-1-022-028 3-8-1-022-029 M/M Isami Okuno M/M Reed Y. Ichishita Eugenia W. Y. Ng POB 61 POB 1056 POB 1059 Kealakekua, HI 96750-0061 Kealakekua, HI 967504056 Kealakekua, HI 96750 3-8-1-022-089 3-8-1-022-090 3-8-1-022-091 M/M Richard H. Maruichi M/M Ricardo O. Sadumiano Claude Onizuka POB 1549 POB 1740 POB 1103 Kealakekua, HI 96750-1549 Kealakekua, HI 96750-1740 Kealakekua, HI 96750 3-8-1-022-091 3-8-1-022-091 3-8-1-022-091 Shirley Matsuoka Norma Sakamoto Janell Onizuka POB 1103 POB 1103 POB 1103 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-022-091 3-8-1-022-092 3-8-1-022-093 Darien Onizuka Nora C. Koyanagi Trust M/M Horace T. Yanagi,Jr. POB 1103 POB 151 POB 170 Kealakekua, HI 96750 Holualoa, HI 96725 Kealakekua, HI 96750-0170 3-8-1-022-094 3-8-1-022-094 3-8-1-022-101 Joe S. Sung, Sr. Joseph S. Sung,Jr. M/M Larry M. Isono POB 374 POB 374 5318 Poola Street Honaunau, HI 96726 Honaunau, HI 96726 Honolulu, HI 96821 3-8-1-022-102 3-8-1-022-102 3-8-1-022-102 Alfred A. Tanaka Gail S. Mizokawa Thelma T. Hamano Trust 678 Aipo Street 678 Aipo Street 678 Aipo Street Honolulu, HI 96825 Honolulu, HI 96825 Honolulu, HI 96825 3-8-1-022-102 3-8-1-022-103 3-8-1-022-104 Ella M. Hakoda Anthony B. Tani M/M Roland Okumura 678 Aipo Street POB 1814 POB 864 Honolulu, HI 96825 Kailua-Kona, HI 96745-1814 Kealakekua, HI 96750-0864 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 51 f OOP OW Villages at Hokukano Change of Zone Application sea OOP 3-8-1-022-105 3-8-1-022-106 3-8-1-022-107 Natalie Moore M/M Samuel Oppenheimer M/M Herbert Y. Ushiroda, Sr. ' POB 672 POB 1935 Duplicate „p Kealakekua, HI 96750 Kealakekua, HI 96750-1935 See 3-8-1-022-024 3-8-1-022-108 3-8-1-022-109 3-8-1-022-110 Mt M/M Akira Kawasaki Joan B. Focht Trust Masami Iwashita Trust s POB 43 5876 S. Capt. Vancouver Dr. POB 105 Kealakekua, HI 96750 Langley, WA 98260 Kealakekua, HI 96750 ON w.. 3-8-1-022-110 3-8-1-022-110 3-8-1-022-111 Taeko Iwashita Trust M/M Beryl Ikeda M/M David M. Pulido '"' POB 105 57 Cobb Lane POB 282 ._ Kealakekua, HI 96750 Tarrytown, NY 10591 Kealakekua, HI 96750-0282 3-8-1-022-112 3-8-1-022-113 3-8-1-022-114 M/M Roy M. Sakata M/M Clayton K. Nishina Steven A. Tanaka POB 1087 POB R POB 764 Ott Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 1M 3-8-1-024-008 3-8-1-024-012 3-8-1-024-013 M/M Earl T. Matsuyama M/M Kenneth Apilado G & L Development, Inc. `„ POB 194 POB 892 c/o M/M Gordon Ogi „. Kealakekua, HI 96750 Kealakekua, HI 96750 POB 832 Kealakekua, HI 96750 3-8-1-024-014 3-8-1-024-014 3-8-1-024-015 Dennis H. Iyo Sadako Iyo G & L Development, Inc. POB 1523 POB 1523 Duplicate f.- Kealakekua, HI 96750 Kealakekua, HI 96750 See 3-8-1-024-013 3-8-1-024-016 3-8-1-024-017 3-8-1-024-018 ,„” G & L Development, Inc. Kona Scenic Land, Inc. G & L Development, Inc. Duplicate POB 727 Duplicate See 3-8-1-024-013 Kealakekua, HI 96750 See 3-8-1-024-013 'W 3-8-1-024-019 3-8-1-024-020 3-8-1-024-021 G & L Development, Inc. G & L Development, Inc. Kona Scenic Land, Inc. Duplicate Duplicate Duplicate See 3-8-1-024-013 See 3-8-1-024-013 See 3-8-1-024-017 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 52 Villages at Hokukano Change of Zone Application 3-8-1-024-022 3-8-1-024-023 3-8-1-024-024 Kona Scenic Land, Inc. Kona Scenic Land, Inc. Kona Scenic Land, Inc. Duplicate Duplicate Duplicate See 3-8-1-024-017 See 3-8-1-024-017 See 3-8-1-024-017 3-8-1-024-025 3-8-1-024-026 3-8-1-024-027 M/M Ricky KM. Wong M/M Brian T. Kimura Winifred S. Kimura POB 865 POB 557 POB 557 Kealakekua, HI 96750 Kealakekua, HI 96750 Kealakekua, HI 96750 3-8-1-024-027 3-8-1-024-030 3-8-1-024-031 Daniel A. Y. Yoshida County of Hawaii County of Hawaii POB 1854 c/o Dept. of Public Works Duplicate Kealakekua, HI 96750 25 Aupuni Street See 3-8-1-024-030 Hilo, HI 96720 3-7-9-011-038 3-7-9-011-038 3-7-9-011-038 Ms.Janine M. Elek M/M Koichi Takizawa David A. Lucas 1600 Kapiolani Blvd., #1112 1600 Kapiolani Blvd., #1112 POB 855 Honolulu, HI 96815 Honolulu, HI 96815 Holualoa, HI 96725 4.0 Names &Addresses of Owners of Record within 300 Feet of the Applicant's Property Page 53 Appendix A: Full Scale Preliminary Subdivision Plan Full Scale Plan Included Within the Original Application Appendix B: Proposed Full Scale Zoning Plan With Legal Description Full Scale Plan Included Within the Original Application 413145 Proposed Change 01 /Amt. PROPOSED CHANGE OF ZONE FROM UNPLANNED ("U") TO AGRICULTURAL - 1 ACRE ("A-la") Land situated approximately 8000 feet Westerly of Mamalahoa Highway at Honuaino 3rd. Honuaino 4th, Hokukano 1st, Hokukano 2nd and Kanaueue 1st and Kanaueue 2nd, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Grant 2029 to S. W. Makahiki; Grant 1453 to John Cavanah; Grant 1463 to Keawe; Grant 1587 to John Peters; and Grant 1651 to Charles Hall; Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the Southerly boundary of Royal Patent 1098, Land Commission Award 614 to Charles Hall, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 5,408.20 feet North and 934.23 feet East and running by azimuths measured clockwise from True South: 1. 345° 15' 189.91 feet along Grant 2029 to S. W. Makahiki to a point; Page 1 of 5 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 nr #13145 Proposed Change of Zonc IId, I�r Thence, following along the remainder of Grant 2029 to S. W. Makahiki on a curve to the right with a radius of 470.00 feet, the chord azimuth and distance being: - 2. 316° 23' 15" 424.98 feet to a point; Ilw 3. 343° 16' 839.35 feet along the remainders of Grant 2029 to S. W. Makahiki, Grant 1453 to John Cavanah and Grant A* 1463 to Keawe to a point; Thence, following along the remainder of Grant 1463 to Keawe on a curve to the left with a radius of 1030.00 feet, the chord azimuth and distance being: 4. 329° 59' 30" 473.03 feet to a point; 5. 316° 43' 68.92 feet along the remainder of Grant 1463 to Keawe to a point; Thence, following along the remainders of Grant 1463 to Keawe and Grant 1587 to John Peters on a curve to the right with a radius of 1270.00 feet, the chord azimuth and distance being: 6. 345° 33' 1224.95 feet to a point; 7. 14° 23' 350.20 feet along the remainder of Grant 1587 to John Peters to a point; Thence, following along the remainder of Grant 1587 to John Peters on a curve to the left with a radius of 1030.00 feet. the chord azimuth and distance being: 8. 354° 32' 30" 699.21 feet to a point; 9. 334° 42' 918.92 feet along the remainder of Grant 1587 to John Peters to a point; j L Page 2 of 5 L. WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #I3145 Proposed Change of Lone Thence, for the next three (3) courses following along Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions: 10. 66° 00' 770.00 feet to a point; 11. 74° 30' 930.00 feet to a point; 12. 67° 00' 285.65 feet to a point; Thence, for the next twenty-one (21) courses following along the remainder of Grant 1651 to Charles Hall: 13. 179° 00' 416.28 feet to a point; 14. 149° 00' 221.00 feet to a point; 15. 52° 00' 205.00 feet to a point; 16. 67° 00' 304.00 feet to a point; 17. 80° 00' 573.00 feet to a point; 18. 102° 00' 259.00 feet to a point; 19. 136° 00' 441.00 feet to a point; 20. 120° 00' 641.00 feet to a point; 21. 137° 00' 256.00 feet to a point; 22. 168° 20' 1123.00 feet to a point; 23. 163° 30' 456.00 feet to a point; 24. 206° 00' 214.09 feet to a point; 25. 243° 00' 693.46 feet to a point; Page 3 of 5 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 e� #15145 Proposed Change of Zone m 26. 193° 00' 282.00 feet to a point; 27. 222° 00' 513.00 feet to a point; 28. 210° 19' 324.00 feet to a point; .1 29. 198° 00' 497.68 feet to a point; IP+I 30. 181° 00' 307.60 feet to a point; 31. 258° 00' 140.74 feet to a point; 32. 188° 49' 30" 106.80 feet to a point; 33. 170° 53' 443.95 feet to a point; 34. 268° 39' 20.00 feet along Honalo-Kainaliu Beach Road; Thence, for the next four (4) courses following along middle of stonewall and along Land Commission Award 3659 to J. Martin: 35. 272° 51' 57.35 feet to a point; 36. 267° 36' 189.05 feet to a point; 37. 269° 43' 203.15 feet to a point; 38. 275° 15' 223.35 feet to a point; Thence, for the next three (3) courses following along middle of stonewall and along Royal Patent 1098, Land Commission Award 614 to Charles Hall: 39. 268° 14' 434.20 feet to a point; Page 4 of 5 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #13145 Proposed Change of lone 40. 275° 04' 236.30 feet to a point: 41. 262° 13' 206.40 feet to the point of beginning and containing an area - of 383.952 Acres, more or less. Note: This description was prepared from compiled data and survey maps prepared by others and reflects the data thereon. It does not constitute a boundary study or boundary survey by this firm. 4s ,c pale T. Y,4447 WES THOMAS ASSOCIATES #,/,Q REGISTERED PROFESSIONAL ' aiio ai&661.41/44(de...71-04-11- LAND �SURVEYOR */ o. 4331 Chrystal Thomas Yamasaki , / Licensed Land Surveyor gwAll, V 5 P State of Hawaii Certificate No. LS4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-942: 11 and Portions 03, 04 January 12, 1994 Revised: March 4, 1994 Revised: February 9, 1995 Page 5 of 5 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 a- Proposed Change of Zone PROPOSED CHANGE OF ZONE FROM UNPLANNED ("U") TO AGRICULTURAL - 1 ACRE ("A-la") Land situated approximately 8000 feet Westerly of Mamalahoa Highway at Halekii. Keekee 1st, Keekee 2nd, Ilikahi, Kanakau 1st, Kanakau 2nd, Kalukalu 1st, Kalukalu 2nd, Kalukalu 3rd and Onouli 1st, South Kona, Island and County of Hawaii. State of Hawaii. Being portions of: Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions; Grant 1176 to Kini; Grant 1177 to Kamakahiona; Grant 1175 to Nakauwaa; Grant 1464 to Ialua; Grant 1576 to Lohi; Grant 1160 to H. N. Greenwell; Grant 1745 to John Cavanah; and Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole. Page 1 of 6 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 !w ;145 Proposed Change 01 Lone no sou ew. Beginning at the Northeasterly corner of this parcel of land, being also an angle point on the "I. pow Southerly boundary of Grant 1587 to John Peters, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 601.01 feet North and 2,479.11 feet up East and running by azimuths measured clockwise from True South: " � INN' 1. 334° 42' 342.98 feet along the remainder of Royal Patent 1670 to s�. John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; Thence, following along the remainders of Royal Patent 1670 to John D. Parish on a portion J of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions and Grant 1176 to Kini on a curve to the left with a radius of 705.00 feet, the chord azimuth and distance being: 2. 298° 34' 831.43 feet to a point; 3. 262° 26' 397.26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 645.00 feet, the chord azimuth and distance being: 4. 277° 14' 329.53 feet to a point; I 5. 292° 02' 85.32 feet along the remainder of Grant 1176 to Kini to a point; I Thence, following along the remainder of Grant 1176 to Kini on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance ! being: 6. 337° 02' 42.43 feet to a point; Page 2 of 6 . WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 i-15 Proposed Change of Zone 7. 22° 02' 35.26 feet along the remainder of Grant 1176 to Kini to a point; Thence, following along the remainders of Grant 1176 to Kini and Grant 1177 to Kamakahiona on a curve to the left with a radius of 705.00 feet, the chord azimuth and distance being: 8. 6° 12' 384.70 feet to a point: 9. 350° 22' 60.05 feet along the remainder of Grant 1177 to Kamakahiona to a point; Thence, following along the remainders of Grant 1177 to Kamakahiona and Grant 1175 to Nakauwaa on a curve to the right with a radius of 645.00 feet, the chord azimuth and distance being: 10. 6° 42' 30" 362.96 feet to a point; 11. 23° 03' 162.63 feet along the remainder of Grant 1175 to Nakauwaa to a point; Thence, following along the remainders of Grant 1175 to Nakauwaa and Grant 1464 to Ialua along a curve to the left with a radius of 705.00 feet, the chord azimuth and distance being: 12. 6° 06' 411.07 feet to a point; 13. 349° 09' 54.98 feet along the remainder of Grant 1464 to lalua to a point; Thence, following along the remainder of Grant 1464 to Ialua on a curve to the right with a radius of 645.00 feet, the chord azimuth and distance being: 14. 3° 07' 311.35 feet to a point; 15. 17° 05' 307.17 feet along the remainders of Grant 1464 to Ialua and Grant 1576 to Lohi to a point; Page 3 of 6 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 +#13145 Proposed Change of Zone NO aWe OF Nr Thence, following along the remainders of Grant 1576 to Lohi, Grant 1 160 to H. N. Greenwell r� and Royal Patents 4386 and 7146, Land Commission , Award 8452 to A. Keohokalole on a curve to the left with a radius of 1130.00 feet, the chord azimuth and distance being: 16. 349° 47' 1036.55 feet to a point; 17. 322° 29' 272.49 feet along the remainder of Royal Patents 4386 and ,I 7146, Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole on a curve to the right with a radius of 870.00 feet, the chord azimuth and distance being: 18. 352° 50' 30" 879.41 feet to a point; 19. 23° 12' 488.09 feet along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 20. 78° 08' 30" 958.38 feet to a point; Thence, following along middle of stonewall and along Grant 1162 to F. 0. Shulze, the direct azimuth and distance being: 21. 57° 14' 50" 1532.00 feet to a point; Thence, for the next four (4) courses following along the remainder of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole: L ° 22. 160° 00' 200.00 feet to a point; 23. 149° 00' 452.00 feet to a point; 24. 160° 51' 628.00 feet to a point; L Page4of6 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 9674(1-1817 #13145 Proposed Change of Zone 25. 152° 30' 327.00 feet to a point: 26. 182° 19' 313.00 feet along the remainders of Royal Patents 4386 and 7146, Land Commission Award 8452 to A. Keohokalole and- Grant 1745 to John Cavanah to a point; Thence, for the next five (5) courses following along the remainder of Grant 1745 to John Cavanah: 27. 171° 27' 400.00 feet to a point; 28. 161° 20' 606.00 feet to a point; 29. 175° 16' 440.00 feet to a point; 30. 182° 42' 30" 1190.00 feet to a point; 31. 155° 00' 489.00 feet to a point; 32. 181° 00' 353.00 feet along the remainders of Grant 1745 to John Cavanah and Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; 33. 153° 00' 492.00 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; 34. 179° 00' 126.72 feet along the remainder of Royal Patent 1670 to John D. Parish on a portion of Land Commission Award 387, Part 4, Section 2 to the American Board of Commissioners for Foreign Missions to a point; 35. 247° 00' 285.65 feet along Grant 1651 to Charles Hall to a point; Pale 5 of 6 WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #13145 _ Proposed Change of Lone 101 36. 254° 30' 930.00 feet along Grant 1651 to Charles Hall to a point; +� oup 37. 246° 00' 770.00 feet along Grant 1587 to John Peters to the point of beginning and containing an area of 372.010 Acres, more or less. Note: This description was prepared from compiled data and survey maps prepared by others and reflects the data thereon. It does not constitute a Iwo dary study or boundary survey by this firm. T. Yg4f - REGISTERED 55 WES THOMAS ASSOCIATES ++ 0, PROFESSIONAL LAND / �e * SURVEYOR * POW No.4331 Chrysta Thomas Yamasaki VS?'' Licensed Land Surveyor State of Hawaii Certificate No. LS4331 ° ~ 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-9-12: Portion 03 (3rd Division) ' TMK: 8-1-04: Portion 03 (3rd Division) January 12, 1994 Revised: March 4, 1994 Revised: February 9, 1995 If) Pam Fi of fi WES THOMAS & ASSOCIATES, INC. LAND SURVEYORS 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Appendix C: Development Lease Agreement DEVELOPMENT LEASE BY AND BETWEEN ACKERMAN RANCH, INC. a Hawaii corporation as Lessor AND LYLE ANDERSON as Lessee DATED AS OF JULY 28, 1989 c-i • up ■ DEVELOPMENT LEASE TABLE OF CONTENTS PAGE MP RECITALS 1 m AGREEMENTS 1 iw r. 1 . DEFINITIONS . Iw 1. 1 Achievement Standard 1 1 . 2 Affiliate 2 1 . 3 Authorized Representative 2 1 . 4 Destruction 2 1. 5 Developed Tract 2 '�` 1 . 6 Expiration 2 1. 7 Fair Market Value 2 MP 1 . 8 Grazing Lease 3 m 1. 9 Infrastructure 3 1 . 10 In Lieu Rent 3 w 1 . 11 Law 3 1 . 12 Lease Year 3 m 1 . 13 Master Plan 3 1. 14 Minimum Annual Rent 3 1 . 15 Off-site Improvements 3 ' 1 . 16 On-Site Improvements 4 1 . 17 Parcel Rent 4 1. 18 Person 4 - 1. 19 Premises 4 1 . 20 Property 4 1 . 21 Provision 4 1 .22 Subdivision 4 1. 23 Term 4 1.24 Termination 4 w 1 .25 Third Party 4 "� 1.26 Tract 4 mlok 2 . DEMISE AND TERM. 2 . 1 Demise 5 2 . 2 Habendenum and Term 5 n.k 3 . LESSOR'S COVENANTS. 3 . 1 Quiet Enjoyment 5 , 3 .2 Grazing Lease 5 -i- C-2 01/05/93 20:35 FAX 808 3 7713 OCEANSIDE 1250 4 PBR-HILO ril 003/005 PAGE 4 . RENT. 4 . 1 Minimum Annual Rent 6 4 . 2 Determination of Parcel Rents 6 4 .3 Rental Achievement Standard 10 4 .4 In Lieu Rent 11 4 . 5 Determination of Fair Market Value 12 4 . 6 Net Rent; Payment 12 4 . 7 Additional Rent 12 5 . TAXES AND ASSESSMENTS . 5 . 1 Property Taxes And Assessments 12 5 . 2 General Excise Tax 13 5 . 3 Substitute Taxes and Additional Taxes 13 5 . 4 Rates and Other Charges 13 6 . USE OF THE PREMISES . 6 . 1 Improvements Required By Law 14 6 . 2 Observance of Laws ; No Waste 14 6 .3 Specific Use Allowed 14 6 . 4 Inspection 14 6 . 5 Condition of the Property 15 6 . 6 Investigations for Development 15 7 . DEVELOPMENT OF THE PROPERTY. 7 . 1 Initial Subdivision 15 7 :2 Permits and Governmental Approvals 16 Payment of Development Costs and Expenses 16 7 .4 Dedications by the Lessor 16 7 . 5 Achievement Standards ; Progress Reports 17 7 . 6 Construction and Bond 19 7. 7 Power of Attorney 19 8 . CONDOMINIUM DEVELOPMENT, COVENANTS, CONDITIONS AND RESTRICTIONS . 8 . 1 Submission to Condominium Property Regime 20 8 . 2 Apartment Sales 20 8 . 3 Contents of Apartment Leases 21 8.4 Delivery of Apartment Leases 21 8 . 5 Survival of Apartment Leases 22 8 . 6 Covenants and Restrictions; PUD 22 8 . 7 Documentation 22 • MW 01/05/93 20:36 FAX 808 S 7713 OCEANSIhE 125U 4 PBR-HILO 0J004/0U5 PAGE w awe. 9 . INDEMNITY . w± 9 . 1 Waiver of Liability 23 23 9 . 2 Indemnity . wwww! 10 . INSURANCE. 10 . 1 Public Liability and Property Damage w Insurance 23 10 . 2 Payment of Premiums and Delivery Of Policies 23 w 4 11 . DESTRUCTION. wwwwE 11 . 1 Restoration, Repair and Maintenance 24 9W w 12 . TRANSFERS. SW 12 . 1 Assignment and Subletting 25 12 . 2 Partial Assignments - 25 12 .3 Direct Leases . 26 12 . 4 Lease Term 26 „ 12 .5 Consent to Mortgage 26 12 . 6 Notices Ew 26 12 .7 Enforcement of Mortgage 27 12 . 8 Protection of Mortgagee 27 12 . 9 Lessee ' s Bankruptcy 27 12 . 10 New Lease 29 12 . 11 Amendment or Surrender of Lease 30 12 . 12 Liability of Mortgagee 30 12 . 13 Changes for Mortgage Financing 30 12 . 14 Liens 30 12 . 15 Right of Contest 13 . SURRENDER 31 14 . ARBITRATION PROCEDURE 31 15. CONDEMNATION . 15. 1 Effect of Condemnation 32 15 . 2 Termination on Partial Taking 32 15 . 3 Claims in Lessee ' s Own Right 33 15.4 Condemnation of Leasehold 33 C-4 --iii- 01/05/93 20:36 FAX 808 3 7713 OCEANSIDE 1250 i PBR-HILO Z005/005 PAGE 16 . DEFAULTS AND REMEDIES . 16 . 1 Events of Default 33 16 .2 Defaults Requiring Longer Period to Cure . , 34 16 .3 Remedies 34 16 . 4 Controlling Provisions 34 16 . 5 Non-Waiver 35 16 . 6 Interest on Unpaid Rent and Lessor ' s Advances 35 16 .7 Attorney' s Fees and Litigation Costs 35 17 . ATTORNMENT 35 18 . ESTOPPEL CERTIFICATES 36 19 . NOTICES. 19 . 1 Notices Except Notices for Default 36 19 . 2 Notice of Default 37 19 .3 Copies 37 20 . OPTION FOR WELL SITE. 20 . 1 Location 38 20 .2 Consideration 38 21 . FIRST REFUSAL TO PURCHASE 39 22 . MISCELLANEOUS PROVISIONS. 22 . 1 Captions 39 22 . 2 Consent of Parties 39 22 .3 Exhibits--Incorporation in Lease 40 22 . 4 Gender and Number 40 22 . 5 Hawaii Law 40 22 . 6 Integrated Agreement; Amendments 40 22 .7 Joint and Several Obligations 40 22 . 8 Singular and Plural ; Pronouns 40 22 . 9 Severability 40 22 . 10 Short Form Lease 40 22 . 11 Successors 40 -iv- 072719 7tH C-5 wwwt mg. 1 . 16 On-Site Improvements . Infrastructure located on the Premises . 1 . 17 Parcel Rent . The annual rent payable during a Lease g" Year on a Developed Tract . 1. 18 Person. One or more human beings or legal entities or ilik other artificial persons , including , without limitation, a partnership, corporation, trust, estate, association, and any combination of human beings and legal entities . 1 . 19 Premises . All the land described in Exhibit A which remains subject to this lease after the Property has been subdivided and a portion surrendered to the Lessor as contemplated by Section 7 . 1 or has been otherwise removed from the operation of this lease, and all buildings and wow improvements, and repairs , replacements and additions thereto, ,.. presently on or hereafter built or placed on land which has not been so surrendered or otherwise removed from operation of this lease, whether made, erected or constructed by the Lessor or the Lessee, or both. wit 1 .20 Property. The land described in Exhibit A prior to its subdivision and the surrender of a portion to the Lessor as =� contemplated by Section 7 . 1. ww� 1 .21 Provision. Any term, agreement , covenant, condition, Yom, clause, qualification, restriction, reservation, or other stipulation in the lease that defines or otherwise controls , ww establishes, or limits the performance required or permitted by either party. 1.22 Subdivision. The division of land or the consolidation and resubdivision of land in accordance with law into two or more parcels for the purpose of transfer , sale, lease or development, and when appropriate to the context , "RP shall relate to the process of dividing land. The term also includes a building or group of buildings (other than a hotel , resort, or club) containing or divided into two or more dwelling units or lodging units . 1 .23 Term. The period of time during which the Lessee has Cis a right to occupy the Premises . 1.24 Termination. The ending of the term for any reason before expiration. 1.25 Third Party. Any Person except the Lessor and the Lessee and their respective Affiliates, heirs and successors . IWP 1.26 Tract. A parcel of land that is a portion of the Premises, which is treated as a separately identified parcel by C-4) EXHIBIT "A" All those certain parcels of land at Hokukano 1st , Honuaina 4th and Honuaina 3rd, North Kona , Hawaii , designated on the Tax Maps for the County of Hawaii as Tax Map Key Nos . 7-9-12 : 5 (approximately 246 . 75 acres) , 7-9-12 : 4 (approximately 97 . 4 acres) , 7-9-12 : 11 (approximately 22 . 664 acres) , and 7-9-06 :01 (approximately 60 .546 acres) , together with all buildings, gates, fences , waterlines and other improvements now existing thereon. SUBJECT, HOWEVER, TO: 1 . Reservation in favor of the State of Hawaii of all mineral and metallic mines . 2 . Unrecorded lease dated January 31, 1981, between Ackerman Ranch, Inc. , as Lessor , and Kealakekua Ranch, Ltd. , as Lessee, expiring on January 31 , 1991 . GLW 081689 7052H 0-7 , N I-1F it-711 ii RA ii li A I A A i ill i ii i it I i ,, i ——1:.:;.;01. 1'1:V4 _ _ _ ■ -..- ....... . i4 7 om........4•■■•0. Ita.o.41....A....--....... r O Lt.ol:;14777.f.1.1; ‘. „....Oa..al... \ ' 2^1::..... •-.•• a...v.'',-v. A'!"•,'.'.'.4.'4.4 . L J Plooll..a•,al Awl-ON.14‘\ 1 . 1 abol. aaa 1 i . I \\V . . 1 •••••••._L_-- . 1 V S° • • •••-•o' \\‘ 0 a• Ir II 0 111 _ :Otani, I V. A sa.•,.1._........ . •••• i s N ■-\ 0 N _ _u s N ) ',is', .1 _ — i A rig'V;.;.!-,= , . _-:- N •I s?e• ------- -._ __ __ _-- A • 53.70....Laiy•-•1-ty - , . .... .. i •T.I/ A . . N r-rrio-711. s ' 04 i-N N • IOW • I • V. .."...10do - ----- - -•••• A ' ‘ -._--- - ....--..-.......... • •:A II 7 /NISI — - • -- .--- • 1, *6:: Or e. ...•■■■•4••■••t.w.0 e O.,M....1 •••.. ••0 no • a • 0 r 1•4111 , - .-.. esesid• 1• Ir il .4 I • lie••\.\ ....t............... SI, et.,.• ..... ''..* I • - • • ,•-0 10.11•.., •---- .....'-'''' 11x1, -I 0 ji•• ......7 .' • • A M 7 ,••6 1 J.-..J..........,..4r.....*var.-ate ,...loar . ....,..., .rf..: 01.... .1/47r.....2.......:_tr.......J.re.....,:i"-"' •. It. ' =:.A . :s......., .......•,,.... .....am N.......: • ••. I'.•.ka 1...., A A -. {4 1 1' 1 e:;Af''s :: N I N •.0.se,..., IC • A t 9 e • 0 N 0 . _ If or"1 ,,,,,kik, ---- 0 I -..... • diet •. pill _. \ A A A Xi ..1 • ■...'''''' x .•••••••••• le.. . .1 ..(i1 ...... , H • A0•••••••••• ,,,,,,•••••,•••." _ F 11....e-... .„ — ..1 .. , rite .0r4ril— dr• ''.... 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I red XfAWS Id I •• la f.„.......• •F 4, 0 A VI I i 0 ----•---...-'-:...,....'..---. • •N" •g ••r I .• 0 rr A W r A DI'ANCE SHEET 9 A _. ._--- SUBJECT TO CHANGE I 1,11AILIAINNI .101. •A NA Lail: ter' N.COMA, MAN ..... .......•■■■■• • • Alllinie■ t , - r -- _ __ ' __-__- _-_,_ _ -- , wu ` ' — ...:___,. N LI A I IT,1, 74:= ' , \11 ""0 , ,NI a...., gri 4-4 '^ $€ ■zz~ it lc .......„----,--,--,--,, r.i1.-7...- .•!'141--- ....---- ....''. ..2 Al-'1:::. Al oso^) 'CIS di. /40 • . . I, ne., K. ,..,.....• ig .00. ••■••• 01 6 ' -..... .7 --.--:ire • � i . . � ` � • . .` • . � . . • °. � � . � �°_ .~ \• a ^ —_*_`~ '• v � '~^~ � =° ~ ^� ` ' --- ~ ~ • ""~�' ^ —~'' 2/�( SC( '~^` ~ ^^�, 1 SHEET 7 9 � � �' ` �~' ^ ••, •.•.•'°" '~ ,^~.^""' ^°~ N """' H�` SUBJECT To (01/04011140 ,^"""�x _~� —�__- . _' -- .. ... _ A ! from time to time at the Lessee ' s expense . Such amendment ,lis shall be in the form attached as Exhibit "C" hereto . ,� ® Permits and Governmental Approvals . The Lessee may ,ir file a 1 applications and take all actions necessary or desirable to obtain reclassification under the state land use 1116 law and changes in or variances of county master and development plans and zoning for all purposes and uses imp permitted the Lessee under this lease; seek subdivision and OW consolidation approvals and permits required for the initial subdivision of the Property and subsequent subdivision and Ii development of the Premises ; and seek grading , building and Ili other permits necessary for the demolition of existing improvements and the construction of new improvements on the la, Premises . The Lessor will join into , cooperate with, support and assist the Lessee with all applications for such iii, reclassifications , changes , variances, zoning , subdivisions and permits provided that the Lessee pays all costs as described 'P above. The Lessee shall not be required to pay any money to or „" for the Lessor to obtain the Lessor ' s cooperation. If and when requested by the Lessee, the Lessor shall execute all PP applications , consents or other such forms or instruments IMP necessary or desirable to accomplish any of the aforesaid, including , without limitation, obtaining governmental approvals oup or permits . rrr 7 .3 Payment of Development Costs and Expenses . The Lessee shall timely pay all costs and expenses , direct or indirect , as arising out of or in connection with the development of the „O Premises , including, without limiting the generality of the foregoing , all costs relating to governmental approvals and 1P permits, design and engineering , land planning , and Ma presentations to governmental authorities , construction of improvements , land or park dedication or payments in lieu of pp dedication, governmental impact fees or the like, obtaining bonds and insurance contracts , and all costs of preparing r.• leases , instruments or other documents . The Lessor shall not be required to pay any cost or expenses , or enter into any INI financial guarantee, security or other similar agreement , ows incidental to such governmental approvals, permits or subdivision. OW 7 .4 Dedications by the Lessor . From time to time during III the development and subdivision of the Premises and upon receipt of written request from the Lessee, the Lessor will , IP without the payment of additional compensation, dedicate from gib the Premises such streets , parks and other improvements for public or private use as reasonably designated by the Lessee in Iu connection with the development of the Premises , convey um portions of the Premises to such public utility companies , governmental agencies or improvement districts as the Lessee MP shall reasonably designate, including without limitation the well site described in Section 20, and grant any easements imi which the Lessee reasonably deems necessary for the respective services . The Lessor shall not encumber its interest in the up mit C-10 1° -16- , , IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. ACKERMAN RANCH, INC. B ZaZe.....RmAN y A. D. ACKE Its President By / X 44W4.4A./ G4CE B. ACKERMAN Its Secretary-Treasurer Lessor LYLE DERSON Lessee -41- C-11 t 7.0 '' i:i O t _ran J' 1 ' t e /t � L� //I . . ,, l ' : !t l' , ; t ti I . -.. a / 1� 1 1 t - '' 1� ° I THIS IS R liU``� P'.�AP ( Ir. \ ¢ ,p o ■ l 7 J • • 1 ll" :I . �� t�, � I s•.,. , , t X10 T 'II II �++. f`If A H.00 tI� aa�, 1f y, at t.1' [i •.■••331 %',. {I i^'_ ✓ a ', ''/'"/� D f �I C .. ySUDJrGT f917QICCJ.. ,4 - ' �,•,� M VICINITY MAP y = I I I - ill y • 0 I / i I D I u -i L i iQ ��I crr.t m t° w.w. ..0 I - •1 'O r I e I + n1 I Y ;, z � ,t1 : ;/ ! l ( D I I,Si 01 REZONING EXHIBIT Al 1 I I c SHOWING'PORTIONS OF THE FOLLOWING: i ' ° Li I 41 �_ I ° • I 1 ' y I II Grant 1715 t= John Cavanan: Grant 1651 to Charles Hall i \ • IA Gran[ 1160 to R.N. Greenmail; �[ I i' '^ dL/I - Grant 1175 to Nakau•aa; Grant 1176 to Kin1; •r h I - f:ts,C - o I � ) • I ; r7+.`�. tt+rl-� _ dd _ 1 ' I i � Grant 1177 Lo Kamakan Iona; Grant 1153 to John Csranah; w ? V I . e,rbe .• ••/ - `` = t .. Grant 1463 to Keave; Grant 1454 to Ialua i I .4 ...I d p NI Grant 1576 to Lobs; Grant 1587 to John Peters: ? mw 'rasa ` ,y_ d 4> i f 3 I +" ., .4' . Grant 2029 to S.W. Y.akahikl ,l I -y ° - r — r'� - \� < zI t' _ Royal Patent 1670 to J.hn 0. Parish on a portion i tt Z _ I e f •N w I - 1 of Lane Commission Award 337. Part 4, Section 2 - r -1--_________/ \— O _ hl,/ • I '`....7-."•....;•'—' ° Z't"'•.I...,":“. >� ~ l' I w,.l>, I .� to American Board of Commissioners• r i ` 7$c o, N „ I ./.4, ) - for Foreign Missions; and\ 7 0 8 Royal Patents4386 and 7146• Land Commission Award 8452 a a �° Zs �yt• • o y i, LL Z ' -t; GPI �� 7 'd to A. Keohokalole iti ' (- ^ r 1 t TAX MAP KEYS 7-}O6:PORTION O1 (3RD DIVISION) s a t _ \\\ TM '4 1 1-1 St E 7-9-12:PORTIONS 03, 04, OS ANO 11 (380 DIVI570N) �; - z` ) 'i I v 1~Y µ t• - ` I IQ ` 7 , -1 S 1 w i S 8-1-0 a:PORTION 03 1380 DIVISION) a I is '�°-, 1 � Qt _r I°R0P05f�fJ U TO A:121 AT 1tONUAIN0 3RD AND ant HOKUKANO 1ST AND 2ND 1_ a l ' ' 1 M - sJ-��•OI0 AGR E.�J . '': KANAUEUE 1ST AND 2N0. HALEKII •,,, •,,,, �• t -. _' 'S . [ j: KEEKEE 15T AND 2N0. ILIKAHI• KANAKAU 1ST AND 2ND ♦1 I .�� MORE OR Lt63 KALUKALU 1ST, 2ND AND 3RD AND ONOULI 15T •A I U 1 +.n- 770 t. .,°nn Cr..n.n .• NORTH AND SOUTH KONA• ISLAND AND COUNTY OF HAWAII ., d y I. J�^"' w, `l t� a id t STATE OF HAWAII .nt "C 0 8 ••0 1{111 ` i• C 7 i test » rr �; ^ 1 •. 1 r.. •.i. _5 is '� F u•1 �,. C » • .t Cn..t» » „�w y ' •,- ,�' I . r. \�C.,=�~- I �• ' ',�.. \�tiwti �•' Pr aT' » .. .y13 P(D ••' ,or.(t n..r«+s.!r,w M�*.....4ti l��,. <e„(„r`r ...•. -' ,.... M ..n I .,. r=I PR U TO A la k �.,o.. a nrt. ..._ _• wv Y. �^T • f T L L 1 \ I •' wFL Tw}s ♦Lapt:.Tts. Iw- ;.`.:> '• )03.052 AGRES ' _ .. *.` '`�TMn• .•n. I x,,A MORE OR LESS I •Z �� ,•..r ..t t..-.en.. H...11 oa,.o•tett «.` u-•Nv �� J 1.`avMSt..•r e- ('f' . 3 T.1. Mel 3x.•2333 .. M.. �s>,c ' was •', •w o,•,,. :j :4� y ... leoel 329-33s. t:1 MAP r i , . 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' ,• • , )1> /I' )../".&)• "'..1: " -; • J.• -, !,..:11.,..,,;,,._„....• ,., , , . ,,./../ .......„/ : • lill. .‘,111■1(/ -ti....., ::-A. ,....,;--.)-s,„--7„...<-.Q.-- 7.)/ .,1 i .x, .•,, ,,r,:. ...A. . -, -,.- r . ,):;•••i .fx t,.\'' __-_-.-, 1- (ifiT,. . . . ..• -. ..............&....: .. - ,• - %.?!._.--,44.• ,...1.• , ..,,,,.. . -„,., .,li , --:.,.\‘T • , •01 , ..1 eli 1.. \. . i r • , :t1( .-r.ta._:_' . • , - le- ,• i• , ;,,,. • , •- . , ...,...:.:.)__.__ , ...... .., ......,...... ,._i_ \•,•;-\• - • = H" f q, " ' .,!.1....,% •1;1,;"1;.:',74 . \ ,-.\,•••I ‘) ; ••',Y;-• ...: ;i ),?;...L.:1-ii'l ''. '•,, • ' , . , a ( . ,.<.,.) ' J 1 &N‘• i M H I.,... !'10'' 1 c a-t ' '. '.'i . A' '.`''':/- ,' . • ?- -.... . H ' 4, ::,•• ' ' D ---•••••7-_,7-=-7\--.------•-, ----...- --,•=fail. I < , , r•_ . , , ii , ., • , ./ I 0 1 I., . • ...1.,......a...3.■:- H ' i / • 2 ( --.--- -,----• , , ; . •.----'''''-* i .• r- 03 1 / ..c.„........,... i 7 ••.••i,".1; ,k,i.‘ . -:' 1 • / .. ;1. 'o! ry , .••••. st, ) , • • I ' '. !,,,,L3.•J• • •••■ I , '■••■• .•r i. ' . 1 . .,... . •... . \ • e ........ . .._:4 K ' • t•71‹. • I I • \I 1‘ '.. \ '• • ' i. r . ,, , . . i ...:,:..4-••• ,'' , / ;.‘_ ; (1) •:, ; 1.,:.....,... .... „ i. 1; • : - . , ,1 . :. .- . ; • .c > .• • , ,c; • • I's' ----17-ir-- ---_,:- 1....4.:•,; -I • . .r•::: . I - . . •C-_-.• ,:- - ), • , . . , = : , . - •-•=--,,•-•1% : - •• • ' - • •• f•• • '. -. • Ir.-- 0 m . .. . ,?.. ‘. " 7 ' ' • . : • .. . . - •• , : .01:. :, r.t.• , •\....,. --; • . • • :--;:*.' , . • . . . , ‘ •• • • - ..: C = • \ \ :• \` .• • • ..:', • • ..- ' '. 4... , . . - -i ..1.- . _ . • s . . . 1• .- 1\„.• ,. •. •, : ::,;.. -_., / . • . ..., - . / " , ' , ._ . . •• ..y.• .l • I 0 m • (4 , s-t.;''Pi: OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 Dec. 19, 1995 Refer:Bill 158 , D. 2-/ . C-734, To: lia-:c r Re: Ord. Lill 1.ie:.endini., the ii. & S. i\ona Zone Laps , Zoning Code, by Changing the District Classification from Unplanned to Ag (A-la) TMK 7-9-12: 4, 11 & Por, of 3 & 8-1-4 :Por. of 3 (Approx. 756 Acres) Oceanside 1250 dba 1250 Oc Hawaii eanside Partners The following is the action o the awa oun y ounce adopted at its meeting held Dec. 15 , 1995' • Bill 158 , Draft 4, 7passed 1st reading and PC '.-port No Baas adopted. ,,, ,.>/c-,•-' ,.>/c., y„,,' .y. » .A ± 4w - .v ,, 3r.,apn_.___tit COUNTY CLERK Att. cc: Planning Dept. _ Planning Commission rw , DEG .1✓5.. 1995 . i REPORT OF THE COMMITTEE ON PLANNING DATE: December 1, 1995 Re: C-734 PLACE: Council room TIME: 9:10 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning to which was referred Bill No. 158 regarding the change of zone request by Oceanside 1250,reports as follows: Bill No. 158 amends Section 25-87 (North Kona Zone Map) and Section 25-88 (South Kona Zone Map), Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification for approximately 756 acres of land from an Unplanned(U) to an Agricultural - one acre (A-1a) zoned district at Honuaino 3rd and 4th, Hokukano 1st and 2nd, Halekii, Keekee 1st and 2nd, Ilikahi, Kanakau 1st and 2nd, Kalukalu 1st; 2nd and 3rd and Onouli 1st, North and South Kona, Hawaii, TMK: 7-9-12:4, 11, and Portion of 3 and 8-1-04:Portion of 3. The subject property, located makai of Mamalahoa Highway and Kealakekua Village,represents a 756 acre portion of the approximately 1,540 acres of a master planned community known as the Villages at Hokukano. The applicant intends to develop the second phase of the residential/agricultural development for an approximately 400-lot subdivision consisting of lots ranging in size from 1 to 3 acres which is anticipated to begin in 1996 or 1997 and to be completed within 20 years. The development plan, to be developed in two phases, initially consisted of a maximum of approximately 1,400 single family residential units ranging in density from 5 units per acre to 1 unit per 3 acres; a 27-hole golf course, golf clubhouse, driving range and a 100-unit members lodge; and a historic park located within the State Land Use Conservation District, public shoreline access, parking and hiking trails integrated with a program for historical interpretation of the many archaeological features within the project site. The applicant has since downsized the entire project to approximately 810 units which consists of approximately 730 lots ranging in size from 1-acre to 3-acres; a 27-hole golf course, golf clubhouse, driving range and 80-unit member lodge; and a historic park area located within the State Land Use Conservation District with public shoreline access, parking and hiking trails integrated with a program for historical interpretation of the many archaeological features within the project site. PC REPORT NO.: 8 8 • • PC- 88 Page 2 December 1, 1995 SMA Use Permit No. 345 and Use Permit No. 115 were approved by the Planning Commission for the construction of the 27-hole golf course, golf clubhouse, driving range, public shoreline access and related improvements. Ordinance No. 94-73 was approved by the Council for 684 acres of land for the proposed agricultural/residential subdivision on the mauka portion of the project site. The applicant is also requesting a SMA Use Permit to allow the construction of portions of the proposed subdivision and related infrastructure and facilities within the approximately 110 acres of a total 415 acres within the SMA, exclusive of lands located within the State Land Use Conservation District. The Land Study Bureau's Detailed Land Classification System classifies lands within the northern and southern portions of the project site as "D" or "Poor" and classifies soils within the middle porion of the project site as "E" or "Very Poor". The majority of the project site is unclassified by the Agricultural Land of Importance to the State of Hawaii (ALISH) System and isolated pockets of lands are designated as "Other Important Agricultural Land" within the northwest corner of the project site, within the area mauka of Red Hill, and along the southern boundary. Surrounding land uses to the north and south of the project site are vacant lands and agricultural uses on lands zoned A-5a and Unplanned; to the east are on lands zoned RS-10 and RS-15 with existing single family residential subdivisions; and Kealakekua Village area located mauka along the Mamalahoa Highway. The applicant is exploring options aimed at integrating agricultural easements within the proposed agricultural lot subdivision which would cover, at minimum, 20 per cent of each lot for floraculture and orchard uses. These agricultural easements are anticipated to provide farmers a leasing arrangement at a nominal cost. The applicant will provide the necessary infrastructural development to sustain the proposed agricultural activity. The proposed agricultural/residential lots will also provide opportunities for gardening,hobby activities and small-scaled agricultural endeavors. The Department of Water Supply has issued the applicant 499 water commitments, and the applicant will be developing other water sources sufficient to support the remaining portion of the proposed development. Access to the project site it currently provided by Haleki'i Street, a county-maintained roadway with a pavement width of 34 feet within an 80-foot wide right-of-way. PC REPORT NO.: 8 8 • • PC- 88 Page 3 December 1, 1995 As part of Change of Zone Ordinance No. 94-73 for Phase I of the proposed Hokukano Village development, the applicant had proposed an alternate access to the development site through the construction of a Mamalahoa Highway Bypass which traverses the site at the 800-foot elevation. Originally the proposed alignment for the bypass road would have begun north of Honalo at Kuakini Highway and terminate at the Mamalahoa Highway/Napo'opo'o Road intersection. However the Department of Public Works determined that its preferred alignment of the Mamalahoa Highway Bypass would link Alii Highway with the Mamalahoa Highway- Napo'opo'o Road intersection. Wastewater generated by the proposed development will be accommodated within a wastewater collection, treatment and disposal system meeting with the approval of the State Department of Health. Alternatives being considered include an on-site central sewage collection/treatment system which could be built in increments. Solid waste generated by the proposed development will be disposed of at the new County Puuanahulu landfill. Transfer stations are located at Keauhou and Napo'opo'o. The applicant is investigating the possibility of establishing a recycling program for the development as well as the surrounding community. An archaeological inventory survey of the entire project site located 8807 structural and non- structural features which were subsequently organized into 408 sites and site complexes. It was recommended that 161 of these sites be for preservation, 17 for selective preservation, 228 to be available for data recovery and 2 recommended for no further study. The applicant intends to preserve the King's Trail or Ala Loa in its present location, with some modifications, including possible breaches. The Planning Commission concurs with the following Planning Director's reasons for recommending a favorable consideration for change of zone: (1) The requested zone change conforms to the Land Use Pattern Allocation Guide (LUPAG) Map which designates the area for Orchards and Extensive Agricultural uses; (2) The change of zone conforms to the goals, policies and standards of the General Plan; and (3) All essential utilities and services, including water, are or will be made available to support the proposed development. PC REPORT NO.: 8 8 t r• w PC- 88 Page 4 December 1, 1995 Bill No. 158 was deferred at the October 17, 1995 meeting pending the technicalities of Bill No. 181. Bill No. 181 and Bill No. 158 were considered and deliberated by Your Committee simultaneously. To maintain consistency between both bills, Your Committee amended Bill No. 158 as follows: (1) Deletion of Condition(P) relating to conformance with guidelines of the Model Energy Code since the Model Energy Code has been adopted as part of the Hawaii County Code; (3) Include a new condition incorporating revised language of Condition H of Bill No. 181, Draft 2, relating to the provisions of the public shoreline access; (4) Include a new condition incorporating language from revised Condition I of Bill No. 18, Draft 2, relating to the coastline park and trails; (5) Revising Condition(K) to incorporate language from revised Condition L of Bill No. 181, Draft 2, to clarify the intent that the portion of the proposed Mamalahoa Highway Bypass between Keauhou and Haleki'i Street will be constructed prior to occupancy of any dwelling within the project. Therefore Conditions L, M, and N were deleted because they were already in the revised Condition K. Your Committee on Planning is in accord with the intent and purpose of Bill No. 158, Draft 2, and recommends that it pass first reading. CES Respectfully submitted AYES NOES A&E EX COMMITTEE ON PLANNING DOMINGO X javelfe44,DELIMA X �J ARAKAKI X ''` . . TAKASHI DOMINGO, CHAIRMAN.. � SMITH X u t, CHILDS X PC REPORT NO. 84 RA ` X ADOPTED: BONK-ABRAMSON E.O.M. X J,`1 OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 96720 Dec. 19, 1995 Refer:B i l l 158 , D. 2/ C-734, To: Mayor Re: Ord. Bill Amending the N. & S. Kona Zone Maps , Zoning Code, by Changing the District Classification from Unplanned to Ag (A-la TMK 7-9-12: 4, 11 & Por. of 3 & 3-1-4 :Por. of 3 (Approx. 756 Acres) Oceanside 1250 dba 1250 Oceanside Partners The following is the action o the Hawaii Lounty ounce adopted at its meeting held Dec. 1 5 . 1995= Bill 158, Draft 4, 7p/ssed 1st reading and FO Report a . c3 was adopted. COUNTY CLERK AL . • cc : Planning Dept. Planning Commission 7 j .darn.No. / y ne No. _.._ 4120 0' R. No —..Ar Date: ._._.� 1 5 1995 ,—_._