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HomeMy WebLinkAboutCOM 0277.000 1998-2000 a .$''''C~ ~!s William G. Davis Stephen K. Yamashiro Mangging Director '~°y°r Henry Cho ~r?'oi~w~'~s Deputy Managing Director fl~~uttfg u~ ~ttfutcit 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • KaBua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 Apri126, 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 96-159 (REZ 840) Applicant: Finance Holdings Request: Amendment to Conditions B, D, E, I, J & K Tax Map Key: 2-2-44:3, 31, 32, 35 and 37 Change of Zone Application (REZ 98-27) Applicant: Nanawale Estates Co. Request: O to RA-la Tax Map Key: 1-4-47:87 Change of Zone Application (REZ 98-28) / Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 did 1b Comm. No. ~ • FSIe No. Z N G~Pn( Ref, To• P C Ref. Date APR 2 9r 1~_ Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Apri126, 1999 Amend Hawaii County Code -Chapter 23 (Subdivisions) Initiator: Planning Director Amend Hawaii County Code -Chapter 25 (Zoning) Initiator: Planning Director Change of Zone Application (REZ 99-004) Applicant: Leigh R. Hilbert Request: O and A-la to FA-2a Tax Map Key: 1-4-73:18 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action aze the Planning Commission's letters and enclosures regazding the above-referenced requests. Sincerely, ~ ~ 1 ~ - 6 'J~~{ w~v' en K,.'~"7"ashiro Mayor IA41699.MAY Enclosures cc: Planning Department ~,fY OF• 4~?L~ Stephen K. Yamashiro Mayor ~rf~0~•N~~ ~IIltltf~l II~ ~[f1TtiTt PLANNING COMMISSION 2s Aupuni StreK, Room 109 • Hib, Flar~ii %720•~2s2 (808) %48288 Fu (808) %1•%IS APR 2 6 1999 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 98-28) Applicant: Nanawale Estates Co. Request: O to RA-la and A-Sa Tax Map Key: 1-4-59:77 The Planning Commission, after a duly held public hearing on April 16, 1999, reviewed and considered the application requesting a change of zone of the district classification Open (O) to Residential and Agricultural (RA-la) and Agricultural (A-Sa) for approximately 23.203 acres of land. The property is located within Nanawale Estates Subdivision bordered by Kapuna Road, Niihau Road, Kehau Road and Molokai Road at Puua, Puna, Hawaii. The Commission was sharply divided in considering the Planning Director's favorable recommendation of the change of zone and, therefore, voted to send no recommendation to the County Council. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 For your information, an amendment to Section 25-8-22, the Puna Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application, a copy of the staff background and the Planning Director's favorable recommendation for your information. A transcript of the hearing will soon be forwarded to your office. Sincerely, Leonard Tanaka, Chairman Planning Commission LNanaw03.PC Enclosures cc: Steven S. C. Lim, Esq. Nanawale Estates Co. Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu HNmaw02.pN'-2/2/99 COUNTY OF IiAWAII PLANNING DEPARTMENT BACKGROUND REPORT NANAWALE ESTATES CO. CFLA_N ,E OF .O PP .I ATION F. , 98-281 NANAWALE ESTATES CO. has submitted an application for a Change of Zone by changing the district classification from Open (O) to Residential and Agricultural (RA-la) and Agricultural (A-Sa) for approximately 23.203 acres of land. The property is located within the Nanawale Estates Subdivision bordered by Kapuna Road, Niihau Road, Kehau Road and Molokai Road at Puua, Puna, Hawaii, TMK: 1-4-59:77. .ENE Ai. INFO NATION 1. Landowner: The landowner of the subject property is Title Guaranty Escrow Services, Inc. By letter of authorization, Title Guazanty Escrow Services, Inc. has given permission to Nanawale Estates Co. to apply for the change of zone. APPi.ICA_NT'S RF.OLTEST 2. Request: The applicant is requesting the change of zone from Open to RA-la to develop an agricultural subdivision limited to ten (10) buildable lots, with an average lot size of 1 acre, and from Open [o A-Sa for the remainder lot of approximately 12 acres to remain a bulk lot to be conveyed to the Nanawale Estates Community Association for future development of public and/or private educational facilities. According to the applicant, the A-Sa zoning designation will also provide the Community Association with a favorable real property tax rate assessment that is similaz to Keonepoko Elementary School in Keaau. According to Section 25-5-50, Hawaii County Zoning Code, the Residential and Agricultural District (RA) would allow a mix of residential and agricultural uses. The intent is to provide for activities or uses characterized by low density residential lots in rural azeas where city-like concentrations of people, structures, streets, and urban level of services aze absent, and where small fazms aze intermixed with low density residential lots. The RA district is intended to be only within azeas designated as being in the State Land Use Rural or ATTACH. C-277 (B-76) Urban districts. 3. Additional Information: The applicant has submitted a Change of Zone application in support of the request. (See Exhibit A -Change of Zone Application) S7'ATF: O iNTV p . N 4. (See Exhibit A -Pages 4 through 9) 5. State Land Use: Urban 6. GP LUPAG MAP: Low Density Urban Development. This designation allows for single family residential in character, ancillary community and public uses and convenience type commercial uses. 7. County Zoning: Open (O). The Open district applies to areas that contribute to the general welfare, the full enjoyment, or the economic well-being of open land type use which has been established or is proposed. The subject property was zoned to its Open (O) designation on December 20, 1967 (Ordinance No. 111) when the Zoning Maps for the Puna District were initially adopted. Prior to that date, zoning within the Puna District did not exist. The Nanawale Estates Subdivision received Final Subdivision Approval on January 22, 1969. Therefore, the property was zoned Open prior to it being created as part of the Nanawale Estates Subdivision. Preliminary subdivision plans were on file with this department when the original zoning maps for the Puna District were adopted in 1967, and the subject parcel was designated "higher education reserve" by the developers; however, neither the County nor State has sanctioned such a use. Two other properties within Nanawale Estates,. TMK: 111-47:87 and TMK: 1-4- 76:38, are also zoned Open and were designated for school use by the developers. 8. County Council Resolution 247-94: Effective July 20, 1994, County Council Resolution 247-94 provided criteria for reviewing zoning requests in Urban designated areas without the necessary infrastructure for water. The resolution requires all parcels for rezoning in Urban areas be reviewed in accordance with seven criteria. DESC iPTION OF PROP •RTY CiTRROUNDIN A F,A 9. (See Exhibit A -Pages 9 through 13) -2- 10. ALISH: Existing Urban Development. 11. Subject Property: The subject property is an approximate 23.203-acre rectangulaz parcel with frontages along Kapuna Road of approximately 844 feet, Niihau Road of approximately 1,094 feet, Kehau Road of approximately 824 feet, and Molokai Road of approximately 1,094 feet. The property is a portion Unit II of the 4,289-lot Nanawale Estates Subdivision, which received Final Subdivision Approval on January 22, 1969. Final Subdivision Approval for Unit II was granted on January 23, 1962. Lot sizes within the subdivision range from 8,000 to 16,000 square feet, with the average lot size approximately 8,040 squaze feet. Since the majority of the lots within the subdivision aze less than 1 acre, they aze nonconforming in size. The subject parcel was designated "higher education reserve" by the developers; however neither the County nor State has endorsed such a use. 12. ' Surroundiug Zoning/Land Uses: Surrounding properties aze zoned A-la, mostly vacant, and approximately 8,040 square feet in size. There is a dwelling to the northeast on Niihau Road and another dwelling to the south on Molokai Road. PiTIIL.IC C .RVICFC FA .IT 13. (See Exhibit A -Pages 13 through 15) 14. Water: County water is not available to the site. According to the Department of Water Supply, a new 8-inch waterline extension on Kehau Road between Nanawale Boulevazd and Maui Road is scheduled for completion in February, 1999. According to the applicant, the proposed lots will be serviced by private water catchment systems to be installed by individual lot owners in compliance with all applicable State and County regulations. AGENCIES' COMMENTS 15. Real Property Tax Office (December 16, 1998 Memo): "Status of Real Property Taxes: Current. Real Property taxes aze paid through December 31, 1998. "We would like to point out two misstatements in this application. "Pg 1. 1.2 General Site Description states: "...consists of approximately 4,389 residential sized -3- lots, ranging in size from .25-acre to 1-acre." "Most of the residential lots in Nanawale Estates aze approximately 8,000 square feet in size." Pg. 11. 3.5 SURROUNDING AREAS ",~j~g The Property abuts one-acre residential lots along its northern, southern, eastern, and western boundaries." Surrounding lots aze approximately 8,000 square feet in size. 16. Department of Water Supply (January 4, 1999 Memo): "We have reviewed the subject change of zone application and have no comments as the proposed rezoned lots will be serviced by private water catchment systems." 17. Police Department (December 15, 1998 Memo): "We have no objections to the proposed change of zone. However, we feel that many residents of lower Puna subdivisions would [sicJ agree with the applicant's description of available police, fue, and medical services as "adequate."" 18. Department of Transportation (December 16, 1998 Memo): "The proposed agricultural subdivision will not impact our State transportation facilities." 19. Land Use Commission (December 14, 1998 Letter): "We have reviewed the subject application transmitted by your memorandum dated December 4, 1998, and confirm that the subject property, identified as TMK: 1~- 59;77, is designated within the State Land Use Urban District." 20. Departme~ of Land and Natural Resources (December 30, 1998 Letter): "We have reviewed the subject applications and confum that the proposed project is located in Zone X, an area determined to be outside the 500-yeaz flood plain." 21. Department of Public Works: (See Exhibit B -December 17, 1998 Memo) 22. Fire Department: (See Exhibit C -December 22, 1998 Memo) 23. Department of Health: (See Exhibit D -December 16, 1998 Memo) -4- A,G .N .iFS - O COMMENTS 24. Parks and Recreation, DLNR State Historic Preservation Division, DLNR Land Management, Department of Transportation Hilo, Department of Agriculture, Natural Resources Soil and Conservation Services, Nanawale Community Association. PUBLIC COMMENTS 25. The department has not received any written public comments or objections on the subject request. -5- APPLICATION FOR CHANGE OF ZONE Puua, District of Puna, Hawaii TMK: (3)1-4-59:77 Prepared for: Nanawale Estates Co., a California corporation V.1 Prepared by: Steven S. C. Lim Carlsmith Ball 12'1 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 November, 1998 EXHIBIT COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested information) APPLICANT: NANAWALE ESTATES CO. APPLICANT'S SIGNATURE: See attached authorization letter DATE: ADDRESS: P•O. Box 3006 - Bakersfield, CA 93385 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Nancy Huff, CEO, Carol Brendt, CFO, and Tom Franconi, Secretary PHONE:(Bus.) 510-527-3729 (Re$,) (Fax) LANDOWNER(S): Title Guaranty Escrow Services, Inc. LANDOWNER SIGNATURE(S): See attached authorization letteD,e,~; (May be by letter) LANDOWNER(S) ADDRESS: 235 Queen Street, First Floor, Honolulu, HI 96813 REQUEST: Open (O) 1'O RA-la and A-Sa (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3) 1-4-59-77 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.203 acres AGENT: Steven S.C. Lim ADDRESS: Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE:(Bus.) 935-6644 (R~) (F~) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COpI~: Nanawale Estates Co. (See Instructions on Reverse Side) THIS CHANGE OF ZONE PLICATION MUST BE ACCOM: .~D BY TFIE FOLLOWING: 1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Report to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment have been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One-copy of a full-size (2' x 3') scale-drawn plot plan of Item 5 for presentation purposes. 7. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. Note: Legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted to the Planning Department, promptly, upon receipt of the notice from the Planning Director that a public hearing has been scheduled. FORMS - 4/15197 (f:\wp60\forms\pd\mneapphskg) , APP .I ANT' ..TT .R OF A TTHO i .ATION Tax Map Key: (3) 1-4-59-77 Puua, District of Puna Island, County and State of Hawaii The undersigned applicant hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. NANAWALE ESTATES CO. By Nancy Duff Its C, fl, Address: 1730 Sonoma Berkeley, CA 94707 Subscribed and sworn to before me this .5 day of Nwem , 1998. lncdt.iJc~ Name ~ 2L7UOi].J~N Notary Public in and for the State of California My commission expires: 8 ~3 •:rr~o/ U ' G, '1, q• CD ~ ~ OD q~. lic. 97 Comm. [xpOq ~CJ~J-''Oh 1'I a„o z2 Zoos FEE OWNER'S L_F,TTER OF AUTHORIZATION Tax Map Key: (3) 1-4-59-77 Puua, District of Puna Island, County and State of Hawaii The undersigned is the fee owner of the real property above-identified, and hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. TITLE GUARANTY ESCROW SERVICES,'INC. BY ,~1 DAY1D 7. PIETSCH, JR. Its ~RESiDFJVi Address: 235 Queen Street First Floor Honolulu, Hawaii 96813 Subscribed and sworn to before me this day of , 1998. Name: Notary Public, State of Hawaii VALERIE KP. TANAKA Expiration Date: May 21, 2000 My commission expires: APPLICATION FOR CHANCE OF ZONE BACKGROUND and COUNTYENVIRONMENTAL REPORT Applicant: Nanawale Estates Co., a California corporation Tax Map Key No.: (3) 1-4-59:77 Puua, District of Puna Island and County of Hawaii 1. PROPOSED DEVELOPMENT 1.1 Ownership Applicant Nanawale Estates Co., is a California corporation, authorized to do business in the State of Hawaii. Ownership of the subject property is held by Title Guaranty Escrow Service, Inc. in trust for Applicant Nanawale Estates Co. 1.2 General Site Description The pazcel is a 23.203-acre square-shaped, ununpmved parcel of land which is bordered by Kapuna Road along its western boundary, Niihau Road along its northern boundary, Kehau Road along its eastern boundary, and Molokai Road along its southern boundary, and is situated within the State Land Use Urban District. The Property is located within the Nanawale Estates Subdivision, which was developed in 1962, prior to the adoption of the County's present Subdivision Control and consists of approximately 4,289 residential sized lots, ranging in size from .25-acres to 1-acre. The Property is more pazticulazly described as being Lot 836, a portion of Royal Patent No. 7788, Land Commission Awazd No. 8452, Apana 15 to A. Keohokalole, and is situated at Nanawale Estates Subdivision, Unit 2, File Plan 780, Puua, District of Puna, Island and County of Hawaii ("Property") (see Exhibit 2, "Location Map", and Exhibit 3, "Tax Map"). 1.3 Statement of Objectives The Applicant is seeking a Change of Zone for the approximately 23.203-acre Property from Open (O) designation to: (a) RA-la (Residential and Agricultural 1-acre) designation to develop an agricultural subdivision limited to ten (10) buildable lots, with an average lot size of 1-acre, and (b) A-Sa (Agricultural 5-acre) for the remainder lot of approximately 12.00 acres to remain a bulk lot to be conveyed to the Nanawale Estates Background and County Environmmtat Report Page 1 Application for Change of Zone (TMK: 1-0-59:77) Nanawale Estate Co. Community Association for the future development of public and/or private educational facilities ("Proposed action's (see Exhibit I, "Site Plan"). The A-Sa zoning designation will also provide the Community Association with a favorable real property tax rate assessment that is similar to Keonepoko Elementary School in Keaau. 2. RELATIONSHIP TO LAND USE PLANS, POLICIES AND CONTROLS 2.1 STATE PLAN The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable policies discussed below. State Goal Section 226-4, HRS sets forth three components to this plan: (1) To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfillment of the needs and expectations of Hawaii's present and future generations; (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people; (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Hawaii State Plan encourages choice and mobility that insure that individuals and groups attain self-reliance and self- determination. Approval of the requested rezoning should satisfy all of the foregoing objectives, by fulfilling an increasing demand for housing for present and future generations of Hawaii residents, thereby increasing the real property tax base in the Puna district. Objectives and policies for socio-economic advancement -housing Objective: • The orderly development of residential areas sensitive to community needs and other land uses. Background and County Environmental Report Page 2 Application for Change ofZone (TMK: I-4-59:77) Nanawale Estate Co. Policies: • Promote design and location of housing developmenu taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding azeas. • Facilitate the use of available vacant, developable, and underutilized urban lands for housing Discussion: The Hawaii State Plan, Socio-Economic Advancement- Housing, encourages the orderly development of residential areas sensitive to community needs and other land use and the promotion of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Approval of the requested rezoning should satisfy the foregoing Socio-economic objective and policies relating to housing, by utilizing vacant, developable lands for housing for the continually growing Puna District. Objectives and policies for the economy -Agriculture Objectives • Growth and development of diversified agriculture throughout the State. • An agricultural industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being. Policies • Assure the availability of agricultural suitable lands with adequate water to accommodate present and future needs. • Increase the attractiveness and opportunities for an agricultural education and livelihood. • Expand Hawaii's agricultural based by promoting growth and development of flowers, tropical fruiu and plane, livestock, feed grains, forestry, food crops, aquaculture and other potential enterprises. Discussion: The Hawaii State Plan, Economy-Agriculture encourages the growth and development of diversified agriculture throughout the State by making available agricultural suitable lands with adequate water to accommodate present and futtue needs. Approval of the requested rezoning should satisfy the foregoing economic objectives and policies relating to Background and County Environmental Report Page 3 Application for Change of Zone (TMK: 1~-59:77) Nanawale Estate Co. agriculture, by utilizing vacant, developable lands and providing opportunities for small-scale agricultural activities. 2.2 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Property is situated in the State Land Use Urban District. Pursuant to Section 25-5-50, of the Hawaii County Code, the RA district is intended to be only within areas designated as being in the State Land Use Rural or Urban district. The proposed action will be improved small-scale lots, with residentia]/farm dwelling and accessory uses, which use is not contrary to the purposes of the State Land Use Law designation for the Property. 2.3 Hawaii County General Plan The General Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the Property as Low Density Urban. This Low Density designation is intended for single family residences, ancillary community and public uses, and convenience-type commercial uses. The proposed action would be consistent with the goals, policies and standards of several functional areas or elements of the General Plan as follows: Economic Element: Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement 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 as economic environment which allows new, expanded, or improved economic opportuttities that are compatible with the County's natural and social environment. Background and County Environmrntal Repon Page 4 Application for Change of Zone (TMK: 1.4-59:77) Nanawale Estate Co. Discussion: The requested rezoning would foster the above-cited economic goals of the Hawaii County General Plan by allowing for small-scale farming on the 10 pazcels of 1-acre in size, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income. The requested rezoning would also complement the A-la zoning and land use of adjacent parcels and help to retain the overall rural ambience of the Nanawale Estates Subdivision, thereby promoting the County's economic goals in harmony with its social and physical environments. Land Use Element: Goal • Desigttate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 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 Waal 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. Standazd • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: The proposed rezoning would allocate land uses in keeping with the Property's LUPAG designation for Low Density Urban and the General Plan goal by expanding the availability of 1-acre pazcels for both agricultural and related residential uses. The proposed rezoning would also be compatible with the above-cited standazd, given the Property's ready access to public services and utilities, its proximity to government and employment centers in Hilo, and its close proximity to commercial complexes in the Puna azea. Background and County Environmental Report Page 5 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Land Use -Agriculture Goals • Rural-style residential-agricultural developments, such as new small-scale Waal communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Assist in the further development of diversified agriculture in the district. Discussion: Diversified agricultural uses aze highly desirable to Puna residents as a way to maintain the rural character of their communities and a rural lifestyle. Puna has many small-scale, developing, experimental and independent growers and gazdeners. Cultivation of anthuriums, papayas, ornamental plants and guava are viable options on the proposed lots. Many of the one to three acres lots located in the Puna district are increasingly being developed for agricultural uses, such and floraculture and nursery stock, small-scale livestock and tropical fruit tree orchazds. The relatively low-cost of many of these lots, provide opportunities for successful intensive farming even though the soil quality is marginal. The Nanawale Estates Subdivision receives an average of 100" to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water, thus eliminating the need for over-extension of the County water system. The proposed rezoning would complement the aforementioned goals by allowing for the development of residential-agricultural activities such as small-scale farming, making diversified agriculture a feasible endeavor for the young family or resident with litnited income. The proposed rezoning would also be an expansion of the existing rural Puna community and would be in keeping with the "rural-style residential-agricultural developments" cited above, since the requested Residential and Agricultural 1-acre (RA-la) designation would limit construction to one single-family dwelling per 1-acre lot. Land Use -Public Facilities-Education Policy • The County shall encotuage implementation of the Depamnent of Education's 'Educational Specifications and Standazds for Facilities' Standard • In proposed communities, sufficient acreage shall be reserved for school facilities. Sites shall be free from flooding and drainage problems, excessive slope and shall incorporate appropriate street and driveway design and location to *n~~~**++~e traffic Background and County Environmental Report Page 6 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. interference, pedestrian hazard, and to enable safe and easy access for vehicles, bicycles, and pedestrians. Discussion: The proposed 12-acre pazcel meets DOE standards for an elementary school site, and will relieve the existing taxed educational facilities at Pahoa High & Elementary School. In addition, the Property is free from flooding and drainage problems, its terrain is flat, and is located in an azea with appropriate street and driveway location which will minimize traffic interference and pedestrian hazazd thereby enabling safe access for vehicles and pedestrians. The requested rezoning would therefore meet the Land Use, Public Facilities-Education's standards for the development of an educational public facility in Nanawale Estates. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing Cotmty zoning designation for the Property is Open (O). The Nanawale Estates Subdivision, Unit 2 ("Tract's was granted final subdivision approval in 1962. Prior to the County's Interim Zoning Ordinance of December 19, 1962, there was no zoning for the Puna district, and the approval of the Subdivision predated the Zoning Ordinance of the County. The developer in submitting final subdivision maps, designated certain azeas within the Tract for possible recreational and educational facilities. The County zoned the Property Open since it existed as a lazge open space. Under Section 25-5-50, Hawaii County Code, the Residential and Agricultural (RA) district provides for activities or use chazacterized by low density residential lots in rural areas where city-like concentrations of people, structures, streets and urban level or services aze absent, and where small fazms aze intermixed with low density residential lots. The proposed rezoning would meet this criteria as the Property is located in a rural azea with low density residential lots, and is designated for Low Density Urban development under the County of Hawaii's LUPAG map. In addition, school sites aze permitted uses in the RA district with the issuance of a use permit. 2.5 PUNA COMMUNITY DEVELOPMENT PLAN The Puna Community Development Plan (CDP) prepazed in January, 1992 is intended to provide direction in the implementing of the Hawaii County General Plan, and is designed to void the gap between the general plan Background and County Environmental Report Page 7 Application for Change of Zone (TMK: 1.4-59:77) Nanawale Estate Co. policies and the specific concerns of the Puna community. The proposed action would be consistent with the goals, policies and standazds of several functional azeas or elements of the CDP as follows: Housing: Courses of Action • Aid and encourage the development of a wide vaziety of housing choice for this azea. • Encourage the maintenance and rehabilitation of the existing housing stock to maintain the viability of existing communities. Discussion: Puna's population has shown to be one of the fastest growing azeas in the State, doubling every ten years. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration ofpopulation is due primarily to the availability of vacant land and affordable housing as compared to those in the South Hilo district. The requested rezoning would foster the above-cited housing courses of action of the CDP by encouraging the development of the residential-agricultural lots, thereby providing a variety of housing choices in the subdivision and by meeting the housing demands in the Puna District. Public Facilities: Education CDP Recommendation • School sites should be reserved at the following general locations over the next fifreen years, in collaboration with the Department of Education, with development to proceed as needed: Elementary/Library: Royal Hawaiian/Ohia Estates 22.5 mile Eden Roc/Fem Acres Waikahekahe Ola'a Hawaiian Paradise Pazk Nanawale Discussion: Of the three public school complexes in the Puna District (Keaau, Mt. View and Pahoa), Pahoa High and Elementary School has witnesses the most significant change. The Department of Education has maintained the present K-12 program at Pahoa High and Elementary School, and the recently opened Keonepoko Elementary School has eased some of the burden. However, with the continued growth of student enrollment, it is projected that additional acres of land is required to house Background and County Environmental Report Page 8 Application for Change of Zone (TMK: 1-0-59:77) Nanawale Estate Co. the increasing student population from surrounding communities. The Property is free from flooding and drainage problems, its terrain is flat, and is located in an azea with appropriate street and driveway location which will minimize traffic interference and pedestrian hazard thereby enabling safe access for vehicles and pedestrians. The proposed 12-acre pazcel also meets DOE standards for an elementary school site, will relieve the existing taxed physical facilities at Pahoa High & Elementary School, and provide a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community. The requested rezoning would therefore foster the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 2.6 COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA The Property is not located within the Special Management Area (SMA) of the County of Hawaii. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 3.1.1 Climate Bettina Located on the wetter windwazd side of the island, the mean annual rainfall is about 100 to 125". Relative humidity is generally stable and mean annual temperature is about 73 °F. Wind patterns are diurnal-- dominant easterly tradewinds prevail during the day, while in the evening cooler westerly winds sweep down the slopes of Mauna Loa. Seasonal changes aze mild and fairly uniform. facts and Mitigation None. The proposed action will not alter the microclimate of the region. 3.1.2 Topography and Soils Ss1tiIIQ The topography of the Property is relatively flat, with an average grade of zero to 6%. The soils in this general azea are classified as the Papai extremely stony muck (rPAE) series, characterized by a surface layer comprised ofwell-drained, thin, extremely stony organic soils over Background and County Environmental Report Page 9 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. fragmental A'a lava. Permeability is rapid, runoff is slow, and erosion hazazd is slight. Papal soils aze usually used for woodland, with small areas used for pasture, orchards and truck crops. Its overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study Bureau. The State Department of Agriculture's Lands of Important to the State of Hawaii (ALISH) map does not classify the area as containing lands of importance to agriculture. Impacts and Miti ag tion None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.3 Natural Hazards ~E Flood and Coastal Hazards. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500-yeaz flood plain. The Property is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Volcanic and Earthquake Hazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazazd Zone 2, on a scale of ascending risk 9 to 1. Zone 2 azeas include the areas on both sides of the northeast and southwest rift zones, where lava flows have covered approximately 20 percent of the area during the past 750 yeazs. The last recorded lava flow in the immediate vicinity occurred in 1840. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. 1)~acts and Mitigation. The Property is not within any flood or tsunami hazards zone. Although the Property is located in the area flanked by Kilauea volcano, and is subject to down sloping lava flows, the degree of risk to human life is minimal. The Building Code requirements mitigate potential earthquake hazards. Background and County Environmmtal Report Page l0 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. 3.1.4 Air and Noise Quality Bettina Air. The air quality in the Puna district is lazgely affected by air pollutants from natural rather than vehiculaz sources. The most predominant source of natural pollutants is from the Kilauea volcano's east rift eruption located southwest of the Nanawale Estates Subdivision. Emissions from the ongoing eruption can be seen in the form of a volcanic haze which internrittently blankets the azea. Vehiculaz exhaust is a lesser source of air pollutants. Noise. Noise in the general area is associated with vehiculaz sources within the subdivision. Noise generated by additional traffic within the proposed ten 1-acre residential-agricultural lots should be minimal. The surrounding azeas may be subjected to additional noise during construction of future educational facilities, associated outdoor school activities, and additional vehiculaz sources during the morning and afternoon school hours. Imnacts and Mitig lion The proposed action will not alter the air quality of the region. Fugitive dust specifically arising from future development can be mitigated by observance of standazd industry practices for air quality management. Ambient noise associated with outdoor school activities, and morning and afternoon drop-off and pick-up of student will be minimal since school activities will occur primarily within enclosed buildings, and the noise generated by vehiculaz sources will be limited to a few morning and afternoon hours. 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES Sgtiipg The Property is not among those listed as historic properties in the Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. As discussed eazlier, the Nanawale Estates Subdivision was graded upon its establishment in 1962, and is currently undeveloped, vacant land. Imnacts and Mitigation None. Because the entire Property has been previously disturbed, any surface or subsurface azchaeological remains are unlikely. Background and County Environmental Report Page 1 I Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna $~jljn$ Nanawale Estates Subdivision was originally graded upon its establishment in 1962, and during construction of the subdivision roadways. The Property is an unimproved parcel of land and is absent any agricultural activity. The Property's existing terrain is marked by a dense overgrowth of ground cover and mature trees, including ohia, pili grass, and by introduced animal species, such as mongoose and rats. Il~acts and Mitl~tion None. The Property has been entirely previously disturbed, and is unlikely to adversely impact raze or endangered native plants and/or species, since there remains no evidence of same within the Property or the surrounding azea. 3.3.2 Scenic and Open Space Resources Sett~ne The Property has remained in its natural condition. The Property is not listed as a distinctive and identifiable land form distinguished as landmazks or as having a frontyazd vista of distinctive feature as identified in the General Plan within the Puna District. Imnacts and Mitigation The proposed action will not directly impact upon vistas. Although the proposed action will remove the Property from its current "open space" designation, the proposed 1-acre and 12-acre future educational facilities site, will continue to serve as a form of "open space" in the azea. 3.4 SOCIO-ECONOMIC RESOURCES ' SgSling Puna's population has shown to be one of the fastest growing areas in the State, doubling every ten years. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration is due primarily to the availability of vacant land and affordable housing as compazed to those in the South Hilo district. The requested rezoning would designate and allocate land uses in appropriate proportions and in balance with the social, cultural and physical environment of Puna. Background and County Environmental Report Page 12 Application for Change of Zone (TMK: I ~-59:77) Nanawale Estate Co. j>npacts and Mitigation None, as the proposed rezoning meets land use plans, policies and controls which support the designation and allocation of the Property in agricultural and very low density agriculturally-based residential use in keeping with the social and cultural environment of the Puna azea. 3.5 SURROUNDING AREAS ettine The Property abuts one-acre residential lots along its northern, southern, eastern and western boundaries. The Declaration of Protective Restrictions, Conditions and Reservations for Unit No. 2, Nanawale Estates ("Declaration's provides that the majority of the lots in the tract shall be used for single-family residences. The Declazation further provides that the Property maybe used for school purposes (see Exhibit 4, "Declazation of Protective Restrictions, Condition and Reservations for Unit No. 2".) The proposed rezoning is consistent with the Declaration and surrounding single-family residential uses in the Nanawale Estates Subdivision as one single-family dwelling or one farm dwelling will be permitted on any building site in conformance with County zoning regulations. Therefore, no adverse impacts to surrounding uses and properties aze anticipated as a result of the proposed development of the Property. Impacts and Mitigation None, as no adverse impacts to surrounding uses and properties aze anticipated as a result of the proposed development of the Property. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access Settine The Pahoa-Kapoho Road intersects Nanawale Boulevard, the vehiculaz entrance route leading into the Nanawale Estates Subdivision. Nanawale Boulevad and Kehau Road are County owned and maintained roadways, having a 40-foot wide paved roadway within a 60-foot wide right-of--way. Kapuna Road which abut the Property along its western boundary is a private subdivision roadway, owned and maintained by the Nanawale Community Association, having a 40-foot wide right-of--way. Impacts and Mitigation It is not anticipated that the proposed action will generate any significant daily vehicular trip cotmts along the Pahoa-Kapoho Background and County Environmental Report Page 13 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Road and Nanawale Boulevazd which aze generated by subdivision residents. It is anticipated that additional vehicular traffic will be generated at the future school site during the morning and afternoon school hours. 4.2 Water System $gI13IIS County water service is currently not available to the Property. The neazest County waterline is located along Nanawale Boulevazd, south of the Property. The proposed lots will be serviced by private water catchment systems to be installed by individual lot owners in compliance with all applicable State and County regulations. Imnacts and Mit' lion None. Individual lot owners will install private water catchment systems in compliance with all applicable State and County regulations. The Nanawale Estates Subdivision receives an average of 100 to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water and will be sufficient to meet the needs of the residential-agricultural lots. 4.3 Wastewater System ;~it1IIg The Property is not serviced by a municipal system. Wastewater is proposed to be managed by private septic systems installed by individual lot owners in compliance with all applicable State and County regulations. Impacts and Mitigation None required since private septic systems will be installed by individual lot owners in compliance with all applicable State and County regulations. In addition, the Property is unlikely to contaminate groundwater resources since the Property is not located along the lower coastal resource azeas of Puna. ' 4.4 Police and Fire Protection and Medical Services Bettina Protective and emergency services aze provided by the County of Hawaii, with the police headquarters located at Keaau, fire substations located in Pahoa and Keaau, and medical, surgical, acute Gaze and skilled nursing facilities available at Hilo Medical Center in Hilo. In addition, the Nanawale Community Association has organized an association patrol in support of its neighborhood and community. Background and County Environmental Report Page 14 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Facts and Mitigation None required as adequate police and fire protection and medical services are available. 4.5 Utilities Setting Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Imnacts and Mitigation None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENT AND ANALYSIS 5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long-Term Productivity The proposed action will enhance the long-term productivity of the Property by: (1) placing the land into viable residential-agricultural lots and providing oppommities for successful intensive farming while maintaining the rural chazacter of the community and rural lifestyle, and (2) reserving a portion of the Property for the future development of public educational facilities thereby relieving the existing taxed educational facilities at Pahoa High & Elementary School, providing a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community, and fostering the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 5.2 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities. However, the low density of the proposed action should mitigate the extent to which these resources aze encumbered. Background and County Environmental Report Page 15 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. 6. ALTERNATIVES CONSIDERED 6.1 No Action Alternative Under the "No Action" alternative, the Property would continue to remain unimproved, and would not help to implement the objectives of the Puna CDP, which encourages the development of a wide variety of housing choice for Puna district, and recommends the development of an elementary school site in Nanawale. In addition, the Nanawale Community Association, Inc., through its Board of Directors, supports the proposed project (see Exhibit 7, Nanawale Community Association letter.) Keeping the area in status quo would be contrary to the goals, policies and standazds of the Puna CDP which is intended to provide direction in the implementing of the Hawaii County General Plan policies and the specific concerns of the Puna community. 7. AGRICULTURAL ZONING QUESTIONNAIRE The Applicant has completed and attached the Planning Department's Agricultural Zoning Questionnaire as Exhibit 5. 8. LIST OF SURROUNDING OWNERS A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties is attached hereto as Exhibit 6. Background and County Environmental Report Page t6 3 < u do' ay IOeI 1000 topJ 111E 1Up X 1114 ?Dd < tlYi II>C U4D {ISO I (ICO r ~ r K r TO ue.n+eslu w1 1 x f U IJ A OdCRo0.1 b p 1a9.Dd ~d9. o~ 1a-r.~e ~ Iav. em 1a~.» iLi.e `.m w.eo >i•m pc` . 1-ia's' 4e• z D79 te.m ^ te. ra J'n J 0 0 $ ° 8 n o o g ens pad O LoO'1 AG.° LoJ7 nc. ui 1.099 AC..f ~ 1.oDO TC.u Lo00 /~c. ~ LoJ'1 Ac. ei O ~ ~ pun u u D~ae OC n " A) n a ° R o »L ~ ~ ~ ~ by1 ° 0 ;U~Q,. ~.J O 09f - o t9- aa.' pee.oo 0 u tL-.9L td^.. 9> ld;.ee 4C'IG'1~9j ~d^..e> 1G'f.>a ~ DDO eaL a La >.oo ~ 19a oo 0 1-9°.00 aa9.oo n D < p v ( n Q eN ~Q 8 1.000 K_ Q v 1. IO'9 ~ L l OD .1G. 0 1.0 90 .,c. 0 y J27 t[ n _ 0 ° F r U 6aC n° n C r Lr` O:-0 I 0 l1 N Y c Dd9 P 2a j.00 L a r d>.oo GdL.00 ddL.Oe Dyc l 0'9 " ~C' e04. eo DTL ad-i ~ eis d C ~ Q 024 eye 0 N ev ( - ~ De9 L~ ago ~ Oo LOT 69G~A P = Oet 09N Qa U .=.OOG ,ICS. S J2I ~~O~LA1'LOUIUG TO ~G•Se) < e, 1 OgL D20 Oa> D i'J do' Go' es.+. e 1 e X.ap.ae / ceA m e9e-z' _F 1C.4> di.d> ~ l'1 - > w 6 L4. 00 'e >Jaouslo Dad. ~ K E H A. U ~ n.w~ii) 12 O AD 3 ~ _ ~ O S90 L- GJO VI G92 G9D , GC1 ` -NI "102 909 904 -J BCD Sou rnxx g Y Y OtyU LK+ ynye.IJ I.LC as-..Tts m. 1°P201°05>=.D Z01JE. Ct-t P~tJGE., ' u/_ ~tCVLn 5. C. l.~m, P.tty, . Grlemi+h 7y1 LOT 6~G _T_ :2l GSa, eniienYG AvenuL, rile, Ho~~1 11AUAWAL,~ CsT AT LS SUDC1v1DtOU • UWT Z . r~% (t-Ilc. l°lon 'TOO) ; o ..cr•...,._.i KLua, FLn~, l3l~nd O{' !-1~t.»1~1, He~u~ii rt-r octobar ec, I>9e _ EXHIBIT 1 y'~'~i% o eox eea T^++""''Y. z.n+n, vni~io~new~~ SITE PLAN 1.- - - o> ti ~ , . ~ ' n..~:. •c ~ B ~~L :n~u b ~ ~Ki.{t. 'A' i d 11~4I ~ ~ ~ - ~ I: ~~y `',y "``L~k~' ~I III ~k _..~z 3 -a LSyU\CU\~r\ °T r~- ..._._-II • . - .d~'' } F - O 3. a I~xt' L ' -t.: - ~ ~ ..c . 3 x Ij , o ~ i~ tt` F.r it: o c o o ~ . , -e4-1~~-^,~ ,K„A ~ ~r=j~ ~ n mµ.~.. ,t=. ~~r~~} s , _ c,4( twq, (u ~ i Nanawale Estates PUUA, PUNA, HAWAI I TM.K.t•4-35-66,75-77, 79-89 rn Surveying anC Mapping EXHIBIT 2 LOCATION MAP g; t i;i N I3' ~ ~ a~a ~ 3% ~ ~dE i~ ~ t yE ~ ii " Vii: i't d - ~ P ;m ~ rro. ~ ' 38 r.m .,Mn - o. rnr r~.., r, r.rrxrx 'o e~ /ryq~~ if lI7J a p .v •n S r~ e E ~ e 3 ~ e ~ e Tf p{ e~ 0 1 a Y~ ~.E ~ v E I e ii Y.~ , I C„A1 e'{o.i~~~~~a e o i.~e ~ of o'# e1..~ i;. d o t E IlliliE~~i ~ t~ 9 a a' 1. ~ i. .~t yp tff° • I li :21 2 ~ Y. Y r t2 $ E ~A'! .i+~ Il~~ • #~I n rj• - x t4 :I~ a~" :1 ^ - I~f Y el Q Q ~ , rv ~ R Y iii e. jE . a ,I E :K ` i o e~ F 7: o ° ~S s o ri`` . ~ ~ 5..~ E Y: ~i . ai ;yrr~ ~ # ~ ~i E'~}~ 11'y iiE: Y .R j'•E' a m So a ~ :I 1 ~ S't ~ sf ' FI E ff i~ t<r E,i; ~ pl R a 1 . ii. ~ iEE p. , m I_._ i ° F GL' W 2 w ~ F" t w ~ ` T .i i V 3 V ° V } Ct y C es [~1J _ i.w'w NMY'u.. 'r'1}/'l Y'Y/M'Y'.. _ O rllf „a W ~ EXHIBIT 3 TAX MAP .laration of iro tec tiw iestric tic and Re secvations Par Unit N... 2 ~.:^.a~.ale 3s*.ates 1610 - 28th Street, Bakersfield, California KNOW ALL MEN BY TaJS-c PRESENTS: That the undersigned, JOHN DUFF, C. MAZZ IE, FRANK GOLDMAN and DONALD G. Kc NDALL, as General Partners of NANAW ALE ESTATES CO., a limited partnership, are owners in fee simple of all that certain real property situated in Puua. Puna, County o£ Hawaii, and more particularly described as follows: A11 that certain parcel of land (being a portion of Royal Patent 7788, land Commission Award B4 $2, Apana 15. to A. Keohokaole) situate about 6,000 feet north- erly from Pahoa-Kapoho Main Government Road at Puua, in the District of Puna, Coun- ty and Island of Hawaii, State of F.awaii. gomprising lots one (L) to one thousand two hundred and eighteen (1,218), inclusive of the tract of land known as the "N anawale Estates Subdivision, Unit 2", as shown on the Map thereof filed in the Sure au of Conveyances at Honolulu as File ?lap No. 780 and containing an area of j34.580 acres. That for the purpose of regulating the improvement, uses, occupancy and main- tenance of said tract of land, a uniform plan of conditions, restrictions and re- servations has been adopted to be imposed and binding upon the subsequent owners, their heirs and assigns, of each and every parcel thereof, which conditions and re- strictions are hereby declared to be as follows: I. USES OF PROPERTY A. Except 2s otherxise herein provided. 211 lots in the tract shall be known and described as residential lots and shall be used for single family residents purposes only. - B. Exceptions: 1. Lots numbered 65 to 72, inclusive, 79 to 94, inclusive, 101 to 130, inclusive, 330 to 367. inclusive, 371 to 402, inclusive, 582 to 590, inclu- sive, 604 to 612, inclusive, 837 to 852, inclusive, 859 to 890, inclusive, 897 to 912, inclusive, and LOjO to 1055, inclusive, may be used for multiple family or residential inco-e purposes. 2. Lots numbered 73 to 78, inclusive, 95 to 100, inclusive, 369 to j70, inclusive, 403 to 405, inclusive, 453 to 458, inclusive, 475 to 477, inclu- sive, 503 to 505, inclusive, 591 to 603, inclusive, 774 to 778, inclusive, 85j to 958, inclusive, 891 to 896, inclusive, may be used for business, com- mercial and mercantile purposes. 3. Lots numbered 314, 436, 1056 and 1216 may be used for park and recce- , atior. purposes. Lot numbered 490 may be used for park and fire station purposes. 5. Lots numbered 230 and 667 may be used for church and religious nur- poses. F 6. Lot numbered 836 may be used for school purposes. - ~ u II. GENERAL 3UILDING R:STRICTIONS A. TEMPORARY OR SEPARATE IMPRCYE?ANTS: No traile r, tent, shack, garage or ~ otrter outbuildings shall be used for living purposes on ary lot beyond completion of a permanent structure, or one year, whichever comes first. < ~ B. CONSTRUCTION TIM° SPAN: Construction of any building or structure or t ~ addition thereto shall be prosecuted with reasonable diligence continuously from = i the time of original commencement until fully completed, which time shall not ex- x ~ teed one (1) year. w ~ C. SIZE: No residence shall contain less than eight hundred eighty (880) ~ square Peet of enclosed living area, exclusive of the carport or garage. ~ D. MATERIALS: A11 material used in the construction of any improvement ~ upon any portion of the lots shall be new material, except that used decorative i materials may be utilized to enhance the appearance of the improvement. E. SEWAGE DISPOSAL: No building shall be used for any permitted residen- ' tial purpose provided herein unless the premises are provided with adequate, mod- ern plumbing appliances. A11 bathroom and toilet conveniences shall be inside or ~ part of the main building, and all plumbing fixtures, dishwashers, washers and sewage disposal systems shall be connected with a cesspool, septic tank or sewer. No outside privies shall be erected, maintained or used upon any part of said prop- erty except only that a temporary chemical type privy may be permitted during the course of construction of buildings, but not for a period longer than the actual construction. F. FOUNDATIONS: No conventional subfloor framing shall be exposed from anY C. ;:°ICHT: ~ iL'ing shall be constructed that 1 exceed two (2) sto-\ ries or twenty-four ) feet in height Irom the highest nt of the land witti.^. / the perimeter of the _in building. H. BUILDING PERMIT: No work shall be commenced upon the construction o£ any ` improvement until a buiLdi rg pe unit has been obtained from the Public 'NOrks De Dart- meat of the County o? Hawaii, as required by Law or ordinance, and the permit num- ber given to the Nanawale Association office. I. SP.TBACKS: A11 buildings or any part thereof, shall be erected and main- tailed in compliance with the County of Hawaii Code pertaining to setbacks. J. 'NATERLINES: Any person or persons intending to install a waterli..^.e ^.arough an easement shall notify the owner of such property through which it will pass, by advance, written statement of intzntion, and obtain written permission from Nanawale Community Association should it 'oe necessary to cross any Association road oc to proceed along thz shoulders thereof. A11 waterlines shall be buried to t::z depth and is such manrar as spacifieC by the County Coaz; shall be indicated on each lot p1ar.; anC the i.^.stalling property owner shall be responsible for the return of the excavated are:; to its original condition. The owner or contractor shall be respons i'o 1e for ar.-arg ing with the Board of 'N ater Supply for me tar Instal- lation and connection. T_he Nanawalz Community Association shall not be held re- spor.sidle for damage to ary waterlines in the course of road maintznance or other ac tivltizs if insta'_lation dons not conform td the provisions of this paragraph. III. NUISANCE A. NOISE: A11 sources of sound shall be lowered from L0:00 PM until 3:00 AM Su.^.day through Thursday, and Irom 12:00 M until 8:00 AM Friday and Saturday nights and nights precaeding holidays. At all other times sound shall be held at a rea- sonably appropriate level commensurate with the environment. 3. RUBBISH AND TRASH: None of the lots or roadways shall pe used or maia- .ained as a dumping ground for discarded or inoperative vehicles. household trash or garbage. No such material shall be accumulated except is appropriate, covered, saa_tary containers. No nuisance shall be nernitted to exist upon any lot so as to 'oe offznsive ar detrimental to any property in the vicinity thereof or to its occupants. C. ANi3ULS: No animals except the usual household pets (excludes goats and 'oarnyard animals) shall be knot on any lot, and such pets shall be kept reasonably restricted so as not to ~oecome a nuisance or annoyance. Commercial kennels are prohibited. IY. PROP-°RTY DA~UGc A. ASSOCIATION PRO PEHTY: Anyone damaging, defacing, removing, excavating cr vand2lizing any Com;non Area such as, but not limited to, the Community Center, ecui~.T.2.^.L, plantings, roads anC shoulders, etd., shall be held monetarily '_iable fcr damage aad/or su'oject to prosecution. V. E:CCEPTIONS .{ND RE Se RVATIONS A. -cASE2~NT5: There is hereby excepted and reserved to Nanawale Estates Co., a limited partnership, its successors and assigns, an easement and right of war and the right to enter upon, over, under and through a strip five (5) fzet in width along the entire rear and both side lines of each and every lot in said prop- zrty for the purpose of installing, constructing, inspecting, operating anC replac- ing telephone, telegraph, electric light and power poles. wires, cables, lines o:' undo rground conduits, sewage pipe s, gas and water pipes, and other similar facili- ties and equipment; also exc_pting and reserving the right to convey or lease the w.^.o 1a or any portion o: such easements, rights of way or rights of entry to any person. fire, corporation or municipal body. Vi. NA::A~7ALE COMMUNITY ASSOCIATION, INC. G.4N A'NA LE COM?GUNITY AiSCC T_AT_:CN, INC., a Ha~.vaii non-profit corporation (hereinafter called the "ASSOCiatior.") is ar. association of property owners, organized as a non- profit organization under rho laws of Hawaii for the purpose of enforcing any and all of the restrictions, cunditio ns and reservations placed upon the property by a:is Declaration ahd for thz purpose of maintaining the community improvements thereon. All ownz rs of to t•z in the property covered by this Declaration shall be mzmbers of Said Association and shall be subject to the Articles and Bylaws of said Association. 'P hat said protective provis;.o ns, liens and charges are as follows: A. CiO:kGES Af:D ACSSi:hfENTS: A11 of said property covered by this Declar- ation (except the portions thereof which have Deen dedicated, offered for dedica- tior. or set aside for use as streets. parks, parkways, community buildings, com- munity playgrounds, ar otherwise for the general use and benefit of the owners of said property or residents thereon) shall be subject to assessment as provided for in the bylaws of the Association. B. LISN FOk AS SE SSM NTS: The Association shall have the right, but shall be under no duty to file for record with the Bureau of Conveyances, State of :?awaii, at any time within 120 days after delinquency, a claim of lien for the amount of all such charges or assessments, together with penalties as aforesaid which shall have become delinquent. The aggregate amount of all such charges, assessments and penalties shall constitute a lien upon such lot and all improve- ments thereon, from the date that a claim of lien is so recorded, and such lien sitzll be prior to any and all existing or pre-existing liens and encumbrances, ex- cept the lien of any encumbrance theretofore made in good faith and Tor value. Upon payment in full of ±he amount of all such charges and assessments, together with penalties as aforesaid, the association shall file for record a proper re- lease of any claim of lien theretofore recorded; and such release so recorded shall fully protect any title company or other persons insuring the title to such lot, and any purchaser or encumbrancer for value, relying thereon. , C. PURPOSES OF ASSESS'F'N?S: All moneys received or collected in payment of the foregoing charges and assessments shall be used only for those purposes for which the Corporation is chartered and as provided for in the 3ylaws. D. EFTCT OF ACCE?TA:':C-c C? D3°_D OR CONTRACT OF SA?°°: The grantee under any conveyance, and the purchaser under any contract of sale, executed by NANAWALE ESTATES CO., a limited partnership, by the acceptance of such conveyance or con- tract of sale, covenants for himself, his heirs, executors, administrators, suc- cessors and assigns, that the Association shall have the right and powers herein reserved, and consents to z'-1 protective provisions, conditions, restrictions, covenants, liens and charges herein provided. VII. RE'~.'DIES A. WAIVER: No delay~or failure on the part of an aggrieved party to invoke an available remedy in respect to z violation or any provision of this declaration shz11 be held to be a waiver by that party of any right available to him upon the recurrence or Continuance of said violation or the occurrence of a different vio- lation. B. S"cVERABZLITY: Every provision of this Declaration is hereby dec'_ared to be independent of, and sever=_ble 'rpm every other provision of this Declaration. .f any such provision shall be held to be invalid or unenforceable, or not to run with the land, that holding shall be without effect upon the validity, en__*orceabil- ity or running of any other provision of this Declaration. C. C.4PTI0?IS: All czptions is this Declaration are for convenience only and do not in any way limit or amplify the provisions hereof. VIII. SCOFF,' AND DURATION CF RESTRICTIONS A. That all of the covenants, conditions, restrictions and charges set forth in this Declaration zre imposed unor. said property for the direct benefit tre re of ?.-:d of the owners thereof as a ny t of a gene rzl plan for the protection, develop- ment, maintenance and improvement o£ said property, and said covenants, conditions, restrictions and charges shall run with the land and continue and be in full force a_Zd effect in perpetuity; provided, however, that said restrictions may be removed, zltered or amended at any time by written zgreement executed znd recorded by tie then record owners o_* not 1=_ss than s'_xty-five per cent (69~) of the lots in said nroeerty then su'oject to this Declaration. IR. ENFORCE;.t"„NT 0? RESTRICTIONS A. llEC LARANT_S OR dSSOCIA?20N '!.4Y ENFORCE: Violation of any of the cove- nan^.s, conditions, restrictions or other provisions herein contained shall give to Nanawale Estates Co., z limited partnership, and/or the Association, the right to enter upon the property upon or as to which said violation exists, and to summar- ily abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof; and Nanawale Estates Co., a limited partnership, and/or the Association shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. ~ I ATTACH"fENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII A_~PLICATION FOR CP_4NGE 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 to question 3. a. How many acres of the requested area do you intend to subdivide? Entire parcel ten (10) 1-acre lots b. Znto what lot sizes? one (1) 12-acre lot for future development of a public/private educational facilities c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Within one year d. Do you intend to build 'Houses on the newly created lots? No If ves, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, zfcer 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 See Exhibit 1, form. Site Plan 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. Se11 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) EXHIBIT 5 P.D. 2 5/84 ZONINGOUESTIONNAIRE f. Zf you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? Yes How? By expanding the availability of 1-acre parcels for both diversified agricultural and related residential uses. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? Nn If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include the following considerations? Yes a. Commodity co be produced? Yes What kinds of commodity? Floraculture and nursery stock, small-scale livestock and tropical fruit tree orchards. b. Suitablility of the proposed lot-size for chat commodity? 1-acre c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? 1-acre -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area in co some form of agricultural use? Yes Please state the proposed type of arrangement. Lot owners will comply with applicable State and County zoning laws related to agricultural uses. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of Subject propert agricultural purpose, please state your other reasons. to be subdivide 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No Zf so, please describe the problem. 8. Do you think chat the roads leading to the subject area needs improvements? No The proposed school site will have access on to If so, what kind? Kehau Road which is a County owned and maintained roadway having a 40' wide paved roadway within a 60' ROW. Access for the remaining 10 1-acre lots will have access off of Molokai, Rapuna and Niihau Roads, with a 40' wide ROW. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X c. Sewer d. Drainage X -3- Yes No e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities R i. Other X For those checked "yes," please elaborate what type or kinds of improvements and/or assistance are needed. Signature: See attached authorization letter Address: P.0. Box 3006, Bakersfield, CA 93385 Telephone: (510) 527-3729 Date: November 24, 1998 _4_ Y~YR', ..:L' Pi, . APPLICATION FOR CHANGE OF ZONE Puua, District of Puna, Hawaii J TMK: (3) 1-4-59:77 Prepared for: Nanawale Estates Co., a California corporation Prepared by: Steven S. C. Lim Carlsmith Ball 121 Waianuenue Avenue Hilo, Hawaii 96720 Telephone: (808) 935-6644 November, 1998 /C~~~ COUNTY OF HAWAII PLANNING DEPARTMENT CHANGE OF ZONE APPLICATION (Type or legibly print the requested infot~zration) APPLICANT: NANAWALE ESTATES CO. APPLICANT'S SIGNATURE: See attached authorization letter DATE: ADDRESS: P. o. sox 3006 Bakersfield, CA 93385 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Nancy Duff, CEO, Carol Brendt, CFO, and Tom Franconi, Secretary PHONE:(Bus.) 510-527-3729 (Res.) (Fax) LANDOWNER(S): Title Guaranty Escrow Services, Inc. LANDOWNER SIGNATURE(S): See attached authorization letteD,~~: (May be by letter) LANDOWNER(S) ADDRESS: 235 Queen Street, First Floor, Honolulu, HI 96813 REQUEST: Open (0) TO RA-la and A-Sa (Ezisring zoning) (Proposed Zoning) TAX MAP KEY: (3) 1-4-59-77 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 23.203 acres AGENT: Steven S. C. Lim ADDRESS: Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE:(Bus.) 935-6644 (Res.) (per) 935-7975 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Steven S.C. Lim COPIES: Nanawale Estates Co. (See Instructions on Reverse Side) THIS CHANGE OF ZONE . LIGATION MUST BE ACCOMP. .ED BY THE FOLLOWING; 1. A filing fee of five hundred dollars ($500) plus twenty-five dollars ($25) per lot or unit proposed by the amendment. (Checks shall be made payable to the County Director of Finance) 2. An original and twenty (20) copies of this completed application and the appropriate Departmental Zoning Questionnaire. 3. An original and twenty (20) copies of a Background and County Environmental Repon to include information as listed on the attached form. Note: A County Environmental Report shall not be required for an application where an Environmental Impact Statement or Environmental Assessment have been completed and filed with the Office of Environmental Quality Control in compliance with HRS, Chapter 343, Environmental Impact Statements. 4. An original and twenty (20) copies of a location map. 5. An original and twenty (20) copies of a scale-drawn plot plan of the property showing property lines; all existing and proposed structures, uses and improvements; proposed subdivision; and reference points such as roadways, shoreline, etc. 6. One copy of a full-size (2' x 3') scale-drawn plot plan of Item 5 for presentation purposes. 7. A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties who are required to receive notice. Note: Legal description of the property in map and written form by metes and bounds as certified by a surveyor shall be submitted to the Planning Department, promptly, upon receipt of the notice from the Planning Director that a public hearing has been scheduled. FORbIS - 4/15/97 (f:\wp60\forms\pd\zoneappl.skg) , APPLICANT'S LETTER OF AUTHORIZATION Tax Map Key: (3) 1-4-59-77 Puua, District of Puna Island, County and State of Hawaii The undersigned applicant hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. NANAWALE ESTATES CO. By Nancy Duff Its Y~. Address: 1730 Sonoma Berkeley, CA 94707 Subscribed and sworn to before me this ~ day of /I/d?~m /ac~%~ , 1998. U ~edt.rh°~- Name~ n "hooi~.y.~/ Notary Public in and for the State of California My commission expires: B •:9-00/ r ~ s Cn A~^~~'c. ~C.~, 37 nm CX?. A ~ 2~T 2001 ~n FEE OWNER'S LETTER OF AUTHORT7.ATTnN Tax Map Key: (3) 1-4-59-77 Puua, District of Puna Island, County and State of Hawaii The undersigned is the fee owner of the real property above-identified, and hereby authorizes Carlsmith Ball, to apply for, execute and process any and all County, State and federal governmental permit applications, and to participate in proceedings related to said real property. A photostatic or facsimile copy of this executed authorization shall also be considered as effective and valid as the original. TITLE GUARANTY ESCROW SERVICES~,,I `NC. By .~J OAVtD PtETSCH, JR. Its ~~ESIDEN~ Address: 235 Queen Street First Floor Honolulu, Hawaii 96813 Subscribed and sworn to before me this ~_''~'day of kr, ~r , 1998. y~ ~t.LFi%~C-~ / ~e/L Name: Notary Public, State of Hawaii VALERIE KP. TANAICA Expiration Date: May 21, 2000 My commission expires: APPLICATION FOR CHANGE OF ZONE BACKGROUND and COUNTYENVIRONMENTAL REPORT Applicant: Nanawale Estates Co., a California corporation Tax Map Key No.: (3) 1-4-59:77 Puua, District of Puna Island and County of Hawaii 1. PROPOSED DEVELOPMENT 1.1 Ownership Applicant Nanawale Estates Co., is a California corporation, authorized to do business in the State of Hawaii. Ownership of the subject property is held by Title Guazanty Escrow Service, Inc. in trust for Applicant Nanawale Estates Co. 1.2 General Site Description The pazcel is a 23.203-acre squaze-shaped, unimproved pazcel of land which is bordered by Kapuna Road along its western boundary, Niihau Road along its northern boundary, Kehau Road along its eastern boundary, and Molokai Road along its southern boundary, and is situated within the State Land Use Urban District. The Property is located within the Nanawale Estates Subdivision, which was developed in 1962, prior to the adoption of the County's present Subdivision Controi and consists of approximately 4,289 residential sized lots, ranging in size from .25-acres to 1-acre. The Property is more particulazly described as being Lot 836, a portion of Royal Patent No. 7788, Land Commission Awazd No. 8452, Apana 15 to A. Keohokalole, and is situated at Nanawale Estates Subdivision, Unit 2, File Plan 780, Puua, District of Puna, Island and County of Hawaii ("Property") (see Exhibit 2, "Location Map", and Exhibit 3, "Tax Map"). 1.3 Statement of Objectives The Applicant is seeking a Change of Zone for the approximately 23.203-acre Property from Open (O) designation to: (a) RA-la (Residential and Agricultural 1-acre) designation to develop an agricultural subdivision limited to ten (10) buildable lots, with an average lot size of 1-acre, and (b) A-Sa (Agricultural 5-acre) for the remainder lot of approximately 12.00 acres to remain a bulk lot to be conveyed to the Nanawale Estates Background and County Environmental Report Page 1 Application for Change of Zone (TMK: 1.4-59:77) Nanawale Estate Co. Community Association for the future development of public and/or private educational facilities ("Proposed action") (see Exhibit 1, "Site Plan"). The A-Sa zoning designation will also provide the Community Association with a favorable real property tax rate assessment that is similar to Keonepoko Elementary School in Keaau. 2. RELATIONSHIP TO LAND USE PLANS, POLICIES AND CONTROLS 2.1 STATE PLAN The Hawaii State Plan consists of goals, objectives, policies and priority directions to guide the future long-range development of the State. The proposed action conforms with the applicable policies discussed below. State Goal Section 226-4, HRS sets forth three components to this plan: (1) To achieve a strong, viable economy, characterized by stability, diversity, and growth, that enables the fulfilhnent of the needs and expectations of Hawaii's present and future generations; (2) To achieve a desired physical environment, characterized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being of the people; (3) To achieve physical, social, and economic well-being, for individuals and families in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. Discussion: The Hawaii State Plan encourages choice and mobility that insure that individuals and groups attain self-reliance and self- determination. Approval of the requested rezoning should satisfy all of the foregoing objectives, by fulfilling an increasing demand for housing for present and future generations of Hawaii residents, thereby increasing the real property tax base in the Puna district. Objectives and policies for socio-economic advancement -housing Objective: • The orderly development of residential azeas sensitive to community needs and other land uses. Background and County Environmental Report Page 2 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. Policies: • Promote design and location of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. • Facilitate the use of available vacant, developable, and underutilized urban lands for housing Discussion: The Hawaii State Plan, Socio-Economic Advancement- Housing, encourages the orderly development of residential areas sensitive to community needs and other land use and the promotion of housing developments taking into account the physical setting, accessibility to public facilities and services, and other concerns of existing communities and surrounding areas. Approval of the requested rezoning should satisfy the foregoing Socio-economic objective and policies relating to housing, by utilizing vacant, developable lands for housing for the continually growing Puna District. Objectives and policies for the economy -Agriculture Objectives • Growth and development of diversified agriculture throughout the State. • An agricultural industry that continues to constitute a dynamic and essential component of Hawaii's strategic, economic, and social well-being. Policies • Assure the availability of agricultural suitable lands with adequate water to accommodate present and future needs. • Increase the attractiveness and opportunities for an agricultural education and livelihood. • Expand Hawaii's agricultural based by promoting growth and development of flowers, tropical fruits and plants, livestock, feed grains, forestry, food crops, aquaculture and other potential enterprises. Discussion: The Hawaii State Plan, Economy-Agriculture encourages the growth and development of diversified agriculture throughout the State by making available agricultural suitable lands with adequate water to accommodate present and future needs. Approval of the requested rezoning should satisfy the foregoing economic objectives and policies relating to Background and County Environmental Report Page 3 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. agriculture, by utilizing vacant, developable lands and providing opportunities for small-scale agricultural activities. 2.2 State Land Use Law The State Land Use Law provides for the classification of all lands within the State into one of four land use districts: Urban, Rural, Agricultural or Conservation. The Property is situated in the State Land Use Utban District. Pursuant to Section 25-5-50, of the Hawaii County Code, the RA district is intended to be only within azeas designated as being in the State Land Use Rural or Urban district. The proposed action will be improved small-scale lots, with residential/farm dwelling and accessory uses, which use is not contrary to the purposes of the State Land Use Law designation for the Property. 2.3 Hawaii County General Plan The General Plan provides for the long-range comprehensive development and balanced growth within the County, and includes the Land Use Pattern Allocation Guide ("LUPAG") Map which designates land utilization for the County. The LUPAG map designates the Property as Low Density Urban. This Low Density designation is intended for single family residences, ancillary community and public uses, and convenience-type commercial uses. The proposed action would be consistent with the goals, policies and standazds of several functional azeas or elements of the General Plan as follows: Economic Element: Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement 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. Background and County Environmental Report Page 4 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Discussion: The requested rezoning would foster the above-cited economic goals of the Hawaii County General Plan by allowing for small-scale farming on the 10 parcels of 1-acre in size, thereby making diversified agriculture a feasible endeavor for the young family or resident with limited income. The requested rezoning would also complement the A-la zoning and land use of adjacent parcels and help to retain the overall rural ambience of the Nanawale Estates Subdivision, thereby promoting the County's economic goals in harmony with its social and physical environments. Land Use Element: Goal • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 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. Standazd • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. Discussion: The proposed rezoning would allocate land uses in keeping with the Property's LUPAG designation for Low Density Urban and the General Plan goal by expanding the availability of 1-acre pazcels for both agricultural and related residential uses. The proposed rezoning would also be compatible with the above-cited standazd, given the Property's ready access to public services and utilities, its proximity to government and employment centers in Hilo, and its close proximity to commercial complexes in the Puna azea. Background and County Environmental Report Page 5 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Land Use -Agriculture Goals • Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. • Assist in the further development of diversified agriculture in the district. Discussion: Diversified agricultural uses are highly desirable to Ptma residents as a way to maintain the rural character of their communities and a rural lifestyle. Puna has many small-scale, developing, experimental and independent growers and gazdeners. Cultivation of anthuriums, papayas, ornamental plants and guava are viable options on the proposed lots. Many of the one to three acres lots located in the Puna district are increasingly being developed for agricultural uses, such and floraculture and nursery stock, small-scale livestock and tropical fruit tree orchazds. The relatively low-cost of many of these lots, provide opportunities for successful intensive farming even though the soil quality is mazginal. The Nanawale Estates Subdivision receives an average of 100" to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water, thus eliminating the need for over-extension of the County water system. The proposed rezoning would complement the aforementioned goals by allowing for the development of residential-agricultural activities such as small-scale farming, making diversified agriculture a feasible endeavor for the young family or resident with limited income. The proposed rezoning would also be an expansion of the existing rural Puna cornmunity and would be in keeping with the "rural-style residential-agricultural developments" cited above, since the requested Residential and Agricultural 1-acre (RA-1 a) designation would limit construction to one single-family dwelling per 1-acre lot. Land Use -Public Facilities-Education Policy • The County shall encourage implementation of the Department of Education's `Educational Specifications and Standards for Facilities' Standard • In proposed communities, sufficient acreage shall be reserved for school facilities. Sites shall be free from flooding and drainage problems, excessive slope and shall incorporate appropriate street and driveway design and location to minimize traffic Background and County Environmental Report Page 6 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. interference, pedestrian hazard, and to enable safe and easy access for vehicles, bicycles, and pedestrians. Discussion: The proposed 12-acre pazcel meets DOE standazds for an eementay school site, and will relieve the existing taxed educational facilities at Pahoa High & Elementary School. In addition, the Property is free from flooding and drainage problems, its terrain is flat, and is located in an azea with appropriate street and driveway location which will minimize traffic interference and pedestrian hazazd thereby enabling safe access for vehicles and pedestrians. The requested rezoning would therefore meet the Land Use, Public Facilities-Education's standazds for the development of an educational public facility in Nanawale Estates. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Open (O). The Nanawale Estates Subdivision, Unit 2 ("Tract") was granted final subdivision approval in 1962. Prior to the County's Interim Zoning Ordinance of December 19, 1962, there was no zoning for the Puna district, and the approval of the Subdivision predated the Zoning Ordinance of the County. The developer in submitting final subdivision maps, designated certain azeas within the Tract for possible recreational and educational facilities. The County zoned the Property Open since it existed as a lazge open space. Under Section 25-5-50, Hawaii County Code, the Residential and Agricultural (RA) district provides for activities or use characterized by low density residential lots in rural areas where city-like concentrations of people, structures, streets and urban level or services aze absent, and where small fatms aze intermixed with low density residential lots. The proposed rezoning would meet this criteria as the Property is located in a rural azea with low density residential lots, and is designated for Low Density Urban development under the County of Hawaii's LUPAG map. In addition, school sites aze permitted uses in the RA district with the issuance of a use permit. 2.5 PUNA COMMUNITY DEVELOPMENT PLAN The Puna Community Development Plan (CDP) prepazed in January, 1992 is intended to provide direction in the implementing of the Hawaii County General Plan, and is designed to void the gap between the general plan Background and County Environmental Report Page 7 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. policies and the specific concerns of the Puna community. The proposed action would be consistent with the goals, policies and standazds of several functional aeeas or elements of the CDP as follows: Housing: Courses of Action • Aid and encourage [he development of a wide variety of housing choice for this area. • Encourage the maintenance and rehabilitation of the existing housing stock to maintain the viability of existing communities. Discussion: Puna's population has shown to be one of the fastest growing areas in the State, doubling every ten years. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration of population is due primarily to the availability ofvacant land and affordable housing as compared to those in the South Hilo district. The requested rezoning would foster the above-cited housing courses of action of the CDP by encouraging the development of the residential-agricultural lots, thereby providing a variety of housing choices in the subdivision and by meeting the housing demands in the Puna District. Public Facilities: Education CDP Recommendation • School sites should be reserved at the following general locations over the next fifteen years, in collaboration with the Department of Education, with development to proceed as needed: Elementary/Library: Royal Hawaiian/Ohia Estates 22.5 tnile Eden Roc/Fem Acres Waikahekahe Ola'a Hawaiian Paradise Pazk Nanawale Discussion: Of the three public school complexes in the Puna District (Keaau, Mt. View and Pahoa), Pahoa High and Elementary School has witnesses the most significant change. The Department of Education has maintained the present K-12 program at Pahoa High and Elementary School, and the recently opened Keonepoko Elementary School has eased some of the burden. However, with the continued growth of student enrollment, it is projected that additional acres of land is required to house Background and County Environmental Report Page 8 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. the increasing student population from surrounding communities. The Property is free from flooding and drainage problems, its terrain is flat, and is located in an azea with appropriate street and driveway location which will minimize traffic interference and pedestrian hazazd thereby enabling safe access for vehicles and pedestrians. The proposed 12-acre pazcel also meets DOE standazds for an elementary school site, will relieve the existing taxed physical facilities at Pahoa High & Elementary School, and provide a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community. The requested rezoning would therefore foster the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 2.6 COASTAL ZONE MANAGEMENT AND SPECIAL MANAGEMENT AREA The Property is not located within the Special Management Area (SMA) of the County of Hawaii. 3. ENVIRONMENTAL SETTING, IMPACTS & MITIGATION MEASURES 3.1 PHYSICAL CHARACTERISTICS/ENVIRONMENTAL SETTING 3.1.1 Climate Settine Located on the wetter windward side of the island, the mean annual rainfall is about 100 to 125". Relative humidity is generally stable and mean annual temperature is about 73 °F. Wind patterns aze diurnal-- dominant easterly tradewinds prevail during the day, while in the evening cooler westerly winds sweep down the slopes of Mauna Loa. Seasonal changes aze mild and fairly uniform. Imnacts and Mitigation None. The proposed action will not alter the microclimate of the region. 3.1.2 Topography and Soils Settine The topography of the Property is relatively flat, with an average grade of zero to 6%. The soils in this general azea aze classified as the Papai extremely stony muck (rPAE) series, chazacterized by a surface layer comprised ofwell-drained, thin, extremely stony organic soils over Background and County Environmental Report Page 9 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. fragmental A'a lava. Permeability is rapid, runoff is slow, and erosion hazazd is slight. Papai soils aze usually used for woodland, with small azeas used for pasture, orchazds and truck crops. Its overall productivity rating for agricultural use is rated as "E", or "Very Poor", by the Land Study Bureau. The State Department of Agriculture's Lands of Important to the State of Hawaii (ALISH) map does not classify the azea as containing lands of importance to agriculture. Imuacts and Mitigation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.3 Natural Hazards Bettina Flood and Coastal Hazards. The U.S. Corps of Engineers Flood Insurance Rate Map (FIRM) designates the Property in Zone X, or outside the 500-year flood plain. The Property is also located outside of the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Volcanic and Earthquake Hazards. According to the United States Geological Survey maps, the Property is located within Lava Flow Hazazd Zone 2, on a scale of ascending risk 9 to 1. Zone 2 azeas include the azeas on both sides of the northeast and southwest rift zones, where lava flows have covered approximately 20 percent of the azea during the past 750 yeazs. The last recorded lava flow in the immediate vicinity occurred in 1840. The Building Code designates the entire island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. Imnacts and Mitig tom. The Property is not within any flood or tsunami hazazds zone. Although the Property is located in the azea flanked by Kilauea volcano, and is subject to down sloping lava flows, the degree of risk to human life is minimal. The Building Code requirements mitigate potential earthquake hazazds. Background and County Environmental Report Page 10 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. 3.1.4 Air and Noise Quality Settine Air. The air quality in the Puna district is lazgely affected by air pollutants from natural rather than vehiculaz sources. The most predominant source of natural pollutants is from the Kilauea volcano's east rift eruption located southwest of the Nanawale Estates Subdivision. Emissions from the ongoing eruption can be seen in the form of a volcanic haze which intermittently blankets the azea. Vehicular exhaust is a lesser source of air pollutants. Noise. Noise in the general area is associated with vehicular sources within the subdivision. Noise generated by additional traffic within the proposed ten 1-acre residential-agricultural lots should be minimal. The surrounding azeas maybe subjected to additional noise during construction of future educational facilities, associated outdoor school activities, and additional vehicular sources during the morning and afternoon school hours. I~nacts and Mitigation The proposed action will not alter the air quality of the region. Fugitive dust specifically arising from future development can be mitigated by observance of standazd industry practices for air quality management. Ambient noise associated with outdoor school activities, and morning and afternoon drop-off and pick-up of student will be minimal since school activities will occur primarily within enclosed buildings, and the noise generated by vehiculaz sources will be limited to a few morning and afternoon hours. 3.2 HISTORICAL/ARCHAEOLOGICAL RESOURCES Settine The Property is not among those listed as historic properties in the Hawaii Register, and has not been determined to be eligible for inclusion in the National Register of Historic Places. As discussed eazlier, the Nanawale Estates Subdivision was graded upon its establishment in 1962, and is currently undeveloped, vacant land. Facts and Mitig to ion None. Because the entire Property has been previously disturbed, any surface or subsurface archaeological remains aze unlikely. Background and Counry Environmental Report Page ! 1 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna ti Nanawale Estates Subdivision was originally graded upon its establishment in 1962, and during construction of the subdivision roadways. The Property is an unimproved pazcel of land and is absent any agricultural activity. The Property's existing terrain is mazked by a dense overgrowth of ground cover and mature trees, including ohia, pill grass, and by introduced animal species, such as mongoose and rats. Impacts and Mitigation None. The Property has been entirely previously disturbed, and is unlikely to adversely impact raze or endangered native plants and/or species, since there remains no evidence of same within the Property or the surrounding area. 3.3.2 Scenic and Open Space Resources Bettina The Property has remained in its natural condition. The Property is not listed as a distinctive and identifiable land form distinguished as landmazks or as having a frontyazd vista of distinctive feature as identified in the General Plan within the Puna District. Imnacts and Mitig to ion The proposed action will not directly impact upon vistas. Although the proposed action will remove the Property from its current "open space" designation, the proposed 1-acre and 12-acre future educational facilities site, will continue to serve as a form of "open space" in the azea. 3.4 SOCIO-ECONOMIC RESOURCES Saltine Puna's population has shown to be one of the fastest growing azeas in the State, doubling every ten yeazs. The 1990 Census figures indicate a growth rate of 77% in the 1980s. This rapid growth in population and the projected in-migration is due primarily to the availability of vacant land and affordable housing as compazed to those in the South Hilo district. The requested rezoning would designate and allocate land uses in appropriate proportions and in balance with the social, cultural and physical environment of Puna. Background and County Environmental Report Page 12 Application for Change of Zone (TMK: (-4-59:77) Nanawale Estate Co. Imnacts and Mitigation None, as the proposed rezoning meets land use plans, policies and controls which support the designation and allocation of the Property in agricultural and very low density agriculturally-based residential use in keeping with the social and cultural environment of the Puna azea. 3.5 SURROUNDING AREAS Settine The Property abuts one-acre residential lots along its northern, southern, eastern and western boundaries. The Declazation of Protective Restrictions, Conditions and Reservations for Unit No. 2, Nanawale Estates ("Declazation") provides that the majority of the lots in the tract shall be used for single-family residences. The Declazation further provides that the Property may be used for school purposes (see Exhibit 4, "Declazation of Protective Restrictions, Condition and Reservations for Unit No. 2".) The proposed rezoning is consistent with the Declaration and surrounding single-family residential uses in the Nanawale Estates Subdivision as one single-family dwelling or one farm dwelling will be permitted on any building site in conformance with County zoning regulations. Therefore, no adverse impacts to surrounding uses and properties ate anticipated as a result of the proposed development of the Property. Imnacts and Mitigation None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the proposed development of the Property. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access Settine The Pahoa-Kapoho Road intersects Nanawale Boulevard, the vehiculaz entrance route leading into the Nanawale Estates Subdivision. Nanawale Boulevard and Kehau Road aze County owned and maintained roadways, having a 40-foot wide paved roadway within a 60-foot wide right-of--way. Kapuna Road which abut the Property along its western boundary is a private subdivision roadway, owned and maintained by the Nanawale Community Association, having a 40-foot wide right-of--way. Imnacts and Mitigation It is not anticipated that the proposed action will generate any significant daily vehiculaz trip counts along the Pahoa-Kapoho Background and County Environmental Report Page 13 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Road and Nanawale Boulevazd which aze generated by subdivision residents. It is anticipated that additional vehicular traffic will be generated at the future school site during the morning and afternoon school hours. 4.2 Water System Settine County water service is currently not available to the Property. The neazest County waterline is located along Nanawale Boulevazd, south of the Property. The proposed lots will be serviced by private water catchment systems to be installed by individual lot owners in compliance with all applicable State and County regulations. I~r tpacts and Mitigation None. Individual lot owners will install private water catchment systems in compliance with all applicable State and County regulations. The Nanawale Estates Subdivision receives an average of 100 to 125" of rainfall annually which makes individual rain catchment a feasible method of obtaining potable water and will be sufficient to meet the needs of the residential-agricultural lots. 4.3 Wastewater System tin The Property is not serviced by a municipal system. Wastewater is proposed to be managed by private septic systems installed by individual lot owners in compliance with all applicable State and County regulations. Impacts and Mitip,~tion None required since private septic systems will be installed by individual lot owners in compliance with all applicable State and County regulations. In addition, the Property is unlikely to contaminate groundwater resources since the Property is not located along the lower coastal resource areas of Puna. 4.4 Police and Fire Protection and Medical Services Settine Protective and emergency services are provided by the County of Hawaii, with the police headquarters located at Keaau, fire substations located in Pahoa and Keaau, and medical, surgical, acute caze and skilled nursing facilities available at Hilo Medical Center in Hilo. In addition, the Nanawale Community Association has organized an association patrol in support of its neighborhood and community. Background and County Environmental Report Page I4 Application for Change of Zone (TMK: I-4-59:77) Nanawale Estate Co. Imnacts and Mitigation None required as adequate police and fire protection and medical services aze available. 4.5 Utilities t i Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Imnacts and Mitigation None required since adequate utility services are available. 5. ENVIRONMENTAL ASSESSMENTAND ANALYSIS 5.1 Relationship Between Short-Term and Long-Term Uses and Maintenance of Long-Term Productivity The proposed action will enhance the long-term productivity of the Property by: (1) placing the land into viable residential-agricultural lots and providing opportunities for successful intensive farming while maintaining the rural chazacter of the community and rural lifestyle, and (2) reserving a portion of the Property for the future development of public educational facilities thereby relieving the existing taxed educational facilities at Pahoa High & Elementary School, providing a valuable public service to the children of the Nanawale Subdivision, surrounding subdivisions and community, and fostering the CDP's recommendation for the development of an elementary school site in Nanawale Estates. 5.2 Irreversible and Irretrievable Commitment of Resources As with any development, the proposed action will result in commitment of land, capital, material, public services, and utilities. However, the low density of the proposed action should mitigate the extent to which these resources are encumbered. Background and County Environmental Report Page 15 Application for Change of Zone (TMK: 1-4-59:77) Nanawale Estate Co. 6. ALTERNATIVES CONSIDERED 6.1 No Action Alternative Under the "No Action" alternative, the Property would continue to remain unimproved, and would not help to implement the objectives of the Puna CDP, which encourages the development of a wide variety of housing choice for Puna district, and recommends the development of an elementary school site in Nanawale. In addition, the Nanawale Community Association, Inc., through its Board of Directors, supports the proposed project. Keeping the area in status quo would be contrary to the goals, policies and standards of the Puna CDP which is intended to provide direction in the implementing of the Hawaii County General Plan policies and the specific concerns of the Puna community. 7. AGRICULTURAL ZONING QUESTIONNAIRE The Applicant has completed and attached the Planning Department's Agricultural Zoning Questionnaire as Exhibit 5. 8. LIST OF SURROUNDING OWNERS A list of the names, addresses and tax map keys of all owners and lessees of record of surrounding properties is attached hereto as Exhibit 6. 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DO.00 K•fi~.oo / c2-ea »e-w' . ~l {L.4~ dL.dL ~ 1 17' °i B t4.00 T U~„w~. c>„a. K E ri t1 I c~Y*y °E' n_..~..~ tx o Ab S L_ _1 L_ _J ! _ g _J L _J td0 S9D W GDI GD2 c~D GG"1 ` 'pi "702 Tog 704 bALt t°A}xK 0^ K Y owunte: U.~UAW ALG ESTATES Co. PIQOFoO°.~E.D ZO1JE. CHP~ti1GFr st<vcn 5. G.4m, Atty. Garhmith Dill LOT 6~G 721 WaionuenuG Av u'7UC --~J Hilo Yl>~>~1 9cT2o UAUAIJ ALE tST AT ES SUDblV l'3lOU - llU1T (t•ilc. C'lon '7G0) io.v......t 19~ua, FLna, lslond of Hawo11, H~woll Y"""^' TMR >rd~ 1-.3-37'~TT \y4 vsT ocfokxr a6, 1490 EXHIBIT 1 9urvay and t°ISl by Mur~,5mlkl gAgsoc:~tLa, lid SITE PLAN O. box D69 Hllo, t-Ib+>ii F 4116 ~ tp ~ P~'il D- ~ F ~ E-- ~ ,r~,1t~~ F ~ \1 ~F FV' v I r G~1 r~1 :'I .r ,~~z~~ ~ 1. ~ ~ ~ ~ ~ F,y w ~ ~ ~ ' ~ - N ~~E~~I~I~J.~ ~ - iIF ''y~~ `ti:bL: iv artn R ~ ~ ~ ~~b - I~ ~ L. ` \ ' ~ F r~k~ h t r 4c - -P°i ~T• ~ '7-- ~dR~ ~ a.. ~ 'F I-i~~ I- a ~ I A _ . 'i F P .~t~R . a ryT I_ Q z i , ...co..-e , ~ t - r.~ I~~ ..ui 4F .ao..~ .0 4 • _ F. , .11 ~ ~1 J . a . ~ .M„ - Q : ~~?~.~ic rC E'er y I~TI~ ~ ° R ° A: v I+~ ~y «,.i[iin ~ f9f4r F Cu~ito tw ~':~G RIr ~M. ~F,~ I~lanawale Estates PUUA, PUNA, HAWAI I % TM.K.1-a-35-66,75-77, 79-89 ~ Surveying an0 rdapp~n9 EXHIBIT 2 LOCATION MAP ~ ';f 31; a j3: saw `4 i i N 6 d :BpFI ;F~7~'~' ° ;?j ~,`ij as f ~ i f 2 c.oi , ~ ab v~m uxn - a,ms nrr~rs n.xrx.x ~O C- pC ar~i L. w y C leJ Vl e f j! ~ o n ~ ~ FS ~ v ~4. of `.I o ~ ~ o o v a I. ' 3 9 a a q a d. d d E a b;a 0 1 L • !j t~ e t i :1 { ! ~ ^I _ I vo t ^ o ,'.I ° i +i i' al RI ~t ~I ~i ' ~I s ~ ~ :4 ^I 'Z ^I F Q r..-. ..r . , .~i g ~ o t, ~ i a l~a:a~ 8: :si a a Eg;i EE•'s: a.i; ea ~t#~ !j ilia Et` ~ ,a ~ ;f ~ .7 :f; ~I i:Q ~I ; 91 :I' 9~~ :G :0 :I:: Si{ 91 ~ dt 9 8 ti , ~ • ~ t y I ~ : r ? I ~ 1' ` a 1 ~ I: e ~ 0 lg ` }s .o a • t R ~T .g `i at #i :a S # F'~ :I F :i °.I tT el 4 :7 tt a i:: ^ 3:: f~ - e a m _ i i i t W /O/ w a y 1 i H a W q 0 ~T 0 N V V A ~ W ^t y C a.~ F• a I OD I. rJ l.ar'w wa. '(1'f/lY'Y/'y~Y..u uw - O 11t[ e^ri O _ a EXHIBIT 3 TAX MAP Laration of Protective 4estric t.c and Reservations For Unit No. V,~.;awale Es *.a tes 1610 - 28th Street, Bakersfield, California KNC'N ALL bIEN BY THESE PRESENTS. That the undersigned, JOHN E. DUFF, C. MAZZ IE, FR ACIR GOLDMAN and DONALD G. KE NDALL, as General Partners of NAN A'd ALE ESTATES CO., a limited partnership, are owners in fee simple of all that certain real property situated in Puua, Pun a, County of Hawaii, and mare particularly described as follows: All that certain parcel o£ land (being a portion o£ Royal Patent 7788, Lard Commission Award 8452, Apana 15, to .A. Keohokaole) situate about 6,000 feet north- erly from Pahoa-Ka poho Main Government Road at Puua, in the District of Puna, Coun- *.y and Island of Ha«aii, State of Y.awaii, comprising lots one (1) to one thousand two hundred and eighteen (1,218), inclusive of the tract of land known as the '7~anawale Estates Subdivision, Unit 2", as shown on the idap the reo£ filed in the 3u re au of Conveyances at Honolulu as File Plan No. 780 and containing an area of 334.580 acres. That for the purpose of regulating thz improvement, uses, occupancy and main- tenance of said tract of land, a uni£o rm plan of conditions, restrictio r.s and re- servations has been adopted to be imposed and binding upon the subse que r.t owners, their heirs and assigns, of each and every parcel the reo which conditions and re- strictions are hereby declared to be as follows: I. USES OF PRO?E RTY A. Except as otherwise herein provided, all lots in the tn_ct shall be known and described as residential lots and shall be used for single £am ily residence purposes only. B. Exceptions: 1. Lots numbered 65 to 72, inclusive, 79 to 94, inclusive, 101 to 130, inclusive, 330 to 367, inclusive, 371 to 402, inclusive, 582 to 590, inclu- sive, 604 to 612, inclusive, 837 to 852, inclusive, 859 to 890, inclusive, 897 to 912, inclusive, and 1030 to 1055, inclusive, may be used for multiple family or residential incoaz puroo se s. 2. Lots numbered 73 to 78, inclusive, 95 to 1C0, inc lcsive, }68 to 370, inclusive, 403 to 405, inclusive, 453 to 458, inclusive, 475 to 477, i..^.c1u- sive, 503 to 505, inclusive, 591 to 603, inclusive, 774 to 778, inclusive, 853 to 950, inclusive, 89'- to 896, inclusive, may be used for business, com- mercial and mercantile purposes. 3• Lots numbered 314, 436, 1056 and 1216 may be used for park and recre- ation. purposes. Lot num'oe red 490 maY be used for park and `ire station purposes. 5. Lots numbered 230 and 667 may be used £or church and religious pur- poses. u 5. Lot rumbe red 836 may be used for school purposes. ` e u II. GENERAL BUILDING RE STRIC TICKS ~ A. TE bIPORr.RY OH SEPARATE i.4?RCVE S NTB: No trai'_er, tent, shack, garage or C other outbuildi rgs shall be used for living nurpo ses on any lot Se yond completion ~ of a permanent structure, or one year, whichever comes first. c B. CONSTRUCTION TihLs SPAN: Construction of any building or structure or ~ F addition thereto shall be prosecuted with reasonable diligence continuously from m ~ the time of original commencement until Fully completed, which time shall not ex- K ~ ceed one (1) year. u~ C. SIZE: No residence shall contain less than eight hundred eighty (880) ~ square feet of enclosed living area, exclusive of the carport or garage. D. MATERIALS: A11 material used in the construction of any improvement r upon any portion of the lots shall be new material, except that used decorative i materials may be utilized to enhance the appearance of the improvement. E. SEWAGE DISPOSAL: No building shall be used For any permitted residen- tial purpose provided herein unless the premises are provided with adequate, mod- ern plumbing appliances. All bathroom and toilet conveniences shall be inside or part o£ the main building, and all plumbing fixtures, dishwashers, washers and sewage disposal systems shall be connected with a cesspool, septic tank or sewer. No outside privies shall be erected, maintained or used upon any part of said prop- erty except only that a temporary chemical type privy may be permitted during the course of construction of buildings, but not for a period longer than the actual construction. F. FOUNDATIONS: No conventional subfloor framing shall be exposed from any G. ;ti IGHT: N~ `uilc ing shall be constructed that ^`~1 exceed two (2) sta- ries or twenty-four feet in height from the highest tt of the land within the perimeter of the ..in building. H. BUILDING ?E R7gIT: No Ova r!c shall be commenced upon the construction of any ~ improvement until a building permit has been obtained from the Public Works Depart- meat of the County of i-iawaii, as required by law or ordinance, and the permit num- ber given to the Nanawale Association office. I. SETBACKS: A11 buildings or any part thereof, shall be erected and main- tained in compliancy with the County of Hawaii Code pertaining to setbacks. S. 'A dTERLiNES: .4 ny parson or persons intending to install a waterline through an easement shall r.o tify the owner of such property through which it will pass, by advance, written state;nent of in tyntion, and obta-a written pe emission tram Nanawala Community Association should it 'oe necessary to cross any association road or to proceeC along t'r.a shoulders the root. A11 waterlines shall be buried to the depth and in such nannar as soyci tieC 'oy the County Coee; shall be indicated on each lot plan; and the installing property owner shall be responsible for the ra to rn of the excavated area to its prig ir.al condition. The owner or contractor shall be responsible for arranging with the Board of tVater Supply for meter instal- lation and connection. The Nanawala Community Associatio r. shall not be held re- spons`bLe for damaga to ar.y Ovate rli?as in the course of road maintenance or other activities if insta'-latidn does not conform to tee provisions of this paragraph. III. NUISANCE A. ?70ISE: A11 sources of sound shall be lowered from ?0:00 PM until d:00 Ay1 Sunday through ThutsdaY, and from !2:00 M until 8:00 AJl Friday and Saturday nights and nights precaeding holidays. At all other timas sound shall be held at a rea- sonably appropriate level commensurate with the environment. 3. RUBBISH .{~~'D TRAS Nore of the lots or roadways shall 12e used or main- lined as a dum ping ground for discarded or mope rative vehicles, household trash or garbage• No such material shall ~oe accumulated except in appropriate, covered, sayitary con tai r.ers. No .^.u?lance shall be pe rnitted to exist upon any lot so as to be otiens i•re or detrimeata'_ to any pro oe rty the vie ia'_ty thereof or to its occupants. C. AN Lb1A LS: No animals except the usual household pets (excludes goats and barnyard animals) shall be kaof on an.y lot, and such nets shall be kept reasonably restricted so as not to become a nuisance or annoyance. Ccmmercial kennels are prohibited. IV. ?ROPERTY DA3IAGE A. ASSOC LATiON PROPERTY: Aryo ne damaging, deiac ing, removing, excavating cr vandalicirg any Common .{rea such as, but rot limited to, the Community Center, equipment, plantings, roads and shouldars, etc., shall 'oe 'ne ld monetarily liable ter damaga and/or subject to ?rosecution. V. E;CCE PT IONS .4ND RESERVATIONS A. EASE.•T NTS: There is hereby excepted and reserved to Nanawale Estates Co., a limited partnership, its successors and assigns, as easement and right of^ way and the right to enter upon, over, under and through a strip five (5) :get i.. width along the entire rear and both side lines of each and ;very lot in said prop- erty £or the purpose of ins *.allirg, constructing, inspecting, operating and replac- ing telephone, telegraph, electric light and no Over po Le s, wires, cables, lines of ur.de rg round conduits, sewaga pines, gas ar.d water pipes, and other similar facili- ties and equipment; also e:<ce?ling and reserving the right to convey or lease the whole or ar.y portion of such easements, rights of way or rights of entry to any parson, ;i_rm, cor?oration or municipal body. Vi. N.-,."+a~JnL COfAVIUNITY ASSOCIATION, INC. C;.{N AW ALE COM?~^JNITY .4 iSCCIATCN, INC., a a~.vaii non-profit corporation (hereinafter called the "ASSociatior.") is an association pf property owners, organi2ed as a non- profit crgar.i nation under c:^.a '_aws of Hawaii far the purpose of enforcing any and all oP the restricted r.s, conditions and ce se rvations placed upon the property by this Declaration aa~l for t ?urpose of maintaining the community improvements t:^e reon. .{11 owners of lore in the prone rty covered by this Declaration shall be me m~oe rs of said Association and shall be subject to the Articles and Bylaws of said nssociar_on. 'P hat said protective provisions, lions and charges are as follows: A. CH:'. icGES AC:U ACSE S`°, hiENTS: A11 of said property covered by this Declar- s?ion (exce?t the portions thereof which have been dedicated, offered for dadica- tior. or set aside for use as streets, parks, parkways, community buildings, com- munity playgrounds, or otherwise for the general use and 'oenefit of the owners o: said property or residants thereon) shall be su'oject to assessment as provided for in the Bylaws of the Association. 9. LIEN POR ASSESSN5 NTS: T. he Association shall have the right, but shall be under no duty to file for record with the Sure au of Conveyances, State of Hawaii, at anY time within 120 days after delinquency, a claim of lien for the amount of all such charges or assessments, together with penalties as aforesaid which shall have become delinquent. The aggregate amount of all such charges, assessments and penalties shall constitute a lien upon such lot and all improve- ments thereon, from the date that a claim of lien is so recorded, and such lien shall be prior to any and all existing or pre-existing liens and encumbrances, ex- cept the lien of any enc umbrance theretofore made in good faith and for value. Upon payment in full of the amount o£ all such charges and assessments, together with penalties as aforesaid, the Association shall file for record a proper re- lease of any claim of lien theretofore recorded: and such release so recorded shall fully protect any title company or other persons insuring the title to such lot, and any purchaser or encumbrancer for value, relying thereon. C. ?UR POSES OF ASS'c SS'+~YTS: All moneys received or collected in payment of the foregoing charges and assessments shall be used only for those purposes for which the Corporation is chartered and as provided for in the Bylaws. D. EF ACT Or' ACCE PTA?;CE CF DEED OR CONTRACT Or SALE: The grantee under any conveyance, and the purchaser under any contract of sale, executed by NANkdALE ESTATES CO., a 1lmited partner shin, by the acceptance of such conveyance or con- tract of sale, covenants for himself, his heirs, executors, administrators, suc- cessors and assigns, that the Association shall have the right and powers herein reserved, and consents to ail protective provisions, conditions, restrictions, covenants, liens and charges herein provided. VII. R:.'~'D IES A. WAIVER: No delay~or failure on the part of an aggrieved party to invoke an available remedy in respect to a violation or any provision of this declaration shall be held to be a waiver by that Harty o£ any right available to him upon the recurrence or continuance of said violation or the occurrence o' a different vio- lation. B. SE VE R.4BILITY: Every provision of this Declaration is hereby declared to 'oe inde Pendent of, z.-~d se ver _'o 1e from every other provision of this Declaration. If any such nrcvision shall be held to be invalid or unenforceable, or not to run with the land, that ho ldir.g shall be without effect upon the validity, enforceabil- ity or running of any other provision o£ this Declaration. C. CAPTIONS: All captions in this Declaration are for convenience only and do not in any ~.vay limit or amplify the provisions hereof. VIII. SCO AND DURATION CF RESTRICTIONS .4. That all of the covenants, conditions, restrictions and charges set forth in this Declaration are imno sed upon said pro ne rty for the direct benefit thereof and of the owners thereof as a Hart o' a general plan for the protection, develop- ment, maintenance and imnrove.m ent o:' said property, and said covenants, conditions, restrictions and charges shall run with the land and continue and be in full force and effect in perpetuity; provided, however, that said restrictions may be removed, altered or amended at any +.ime by written agreement executed and recorded by ±he then record ovmers of not 1=_ss than s`xty-five per cent (6j9) of the lots in said p ro ee rty then subject to t::^.is Declaration. I~. ENFORCE h*r,NT OF RE ST PICT TONS A. DECLARAN^_S OR ASSOCIATION .'SAY ENFORCE: Violation of ary of the cove- , ..^.an ~s, conditions, restrictions or other provisions herein contained shall give to Nanawale Estates Co., a limited partnership, and/or the Association, the right to enter upon the property upon or as to which said violation exists, and to summar- ily abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof; and Nanawale Estates Co., a limited partnership, and/or the Association shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. i I 1 ATTACHMENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CI?9wGE 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 to question 3. a. How many acres of the requested area do you intend to subdivide? Entire parcel ten (10) 1-acre lots b. Into what lot sizes? one (1) 12-acre lot for future development of a public/private educational facilities c. If your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? Within one year d. Do you intend to build houses on the newly created lots? NO If ves, please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change o: zone application See Exhibit 1, form. Site Plan 2. If you have no firm plans of subdividing the subject area, do you intend to: a. Se11 or lease the land to someone who has firm plans? b. Se11 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) EXHIBIT 5 P.D. 2 5/84 ZONINGOUESTIONNAIRE f. If you intend to do either a, b, c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect co transfer the subject land to another party. 3. Do you think that your request and your further plans far [he land will alleviate the local housing situation? Yes How? By expanding the availability of 1-acre parcels for both diversified agricultural and related residential uses. 4. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? N~ If so, please list the kinds of products grown and on how many square feet or acres of land per product. 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did your plan include [he following considerations? Yes a. Commodity to be produced? Yes What kinds of commodity? Floraculture and nursery stock, small-scale livestock and tropical fruit tree orchards. b. Suitablility of the proposed lot-size for that commodity? I-acre c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? I-acre -2- d. Agricultural leases or other forms of assurance that potential buyers or leases would put the subject area into some form of agricultural use? Yes Please state the proposed type of arrangement. Lot owners will comply with applicable State and County zoning laws related to agricultural uses. Please submit your agricultural plans for the subject area and present evidence of consideration of the above requirements together with your request for a change of zone. If you do not intend to subdivide the subject land for some sort of Subject propert agricultural purpose, please state your other reasons. to be subdivide i. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 8. Do you think that the roads leading to the subject area needs improvements? No The proposed school site will have access on to If so, what kind? Kehau Road which is a County owned and maintained roadway having a 40' wide paved roadway within a 60' ROW. Access for the remaining 10 1-acre lots will have access off of Molokai, Kapuna and Niihau Roads, with a 40' wide ROW. Is the road adecuate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X b. Roads X X c. Sewer d. Drainage X -3- Yes No e. Police Protection X 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. See attached authorization letter Signature: Address: P.O. Box 3006, Bakersfield, CA 93385 Telephone: (510) 527-3729 Date: November 24, 19.58 -4- Names and addresses of owners and/or lessees of land within 300 feet of the perimeter botmdary of TMK: (3) 1-4-59-77 I-4-62-54 An[onio Narvaes P.O. Box 526 Haleiwa, HI 96712 t-4-62-55 Harry J. & Flora C. Lacey 73-1084 Olu Olu Kailua-Kona, HI 96740 1-4-62-56 Laureano Jr. & Cynthia Supnet 73-1081 Mahilani Street Kailua-Kona, HI 96740 t-4-62-57 Francis P. & Shun Cha Fricchione 140 Wellington Lane Scranton,PA 18505 1-4-62-58 Raymond M. & Tamapa T. Cole 1-4-62-59 P. O. Box 1820 Pahoa, HI 96778 1-4-62-60 Ray W. & Mary Powell RR 3 Box 2261 Pahoa,HI 96778 1-4-62-61 Catherine H. Kincaid Sheila C. Mazgulies 3432 Inglewood Blvd. Los Angeles, CA 90066 1-4-62-62 Peter A. Arapoff Trust 930 Tahoe Blvd., #802-325 Incline Village, NV 89451 1-4-62-91 James & Caroi Ann Amone 1-4-62-92 2108 E. Crocus Dr. Phoenix, AZ 85022 1-4-62-93 Lenore G. Rauch 7905 Bricklebush Cove Austin, TX 78750 1-4-62-94 Alejandro B. & Miuuko Mondala 10657 Escobar Drive San Diego, CA 92124 EXHIBIT 6 LIST OFSURROUNDING OWNERS 1-4-62-95 Joji & Emiko Mukai c/o Diane Mukai 2386 Trafalgar Drive Biloxi, MS 39531 1-4-62-96 Wilfred R. & Yoshie Loosley 137 Hartford Vacaville, CA 9687 1-4-62-97 Cheryl A. Holland 1-4-62-98 P. O. Box 10366 Hilo, HI 96721 I-4-62-99 George C. & Della L. Matsubara P.O. Box 601 Pepeekeo, HI 96783 1-4-62-100 Richard S. & Lillian M. Lampert 2195 McRae Drive San Pedro, CA 90T2-4119 1-4-62-129 Ewald Kohnle Ahornweg 8 D74586 Frankenhazdt, Oberspeltach Germany I-4-62-130 Yuji Takeda I-14-18 Chiyogaoka Asao-Ku Kawasakishi Kanagawa-Ken 215 Japan 1-4-62-131 Kalapana Mauna Kea First Hawaiian Congregational Church, Inc. P. 0. Box 20 Pahoa, HI 96778 1-4-62-132 Keith E. & Jytte K. Lowrey P. O. Box 384 Paauilo, HI 96776 1-4-62-133 Wolfgang Wiebelt P. O. Box 787 Mountain View, HI 96771 I-4-61-15 William T. Boyland Trust June S. Boyland Trust 1221 Crescent Terrace Sunnyvale, CA 94087 1-4-61-16 Ray F. Guillot 1-4-61-17 2909 Kaiwiki Road Hilo, HI 96720 1-4-61-18 George G. & Helen Marie Alepakos 1-4-61-19 2943 Kingswood Drive Panama City, FL 32405 1-4-61-20 Ores[ Sawitsky 2021 Alberta Avenue 42nd Street Saskatoon S7K 1S2 Canada 1-4-61-21 Thomas L. & Marilyn J. Fenske 5233 Paradise Drive Beaverton, MI 48612 1-4-61-22 Steven A. Peneyra RR3 Box 2247 Pahoa, HI 96778 1-4-61-23 Florence Shore Trust 3334 E. Coast Highway, #288 Corona Del Mar, CA 92625 1-4-61-24 Tommie Joe Robins 1229 W. 212th Street Torrance, CA 90502 I-4-61-51 Riyoko Gumbrill 1-4-61-52 727 Bunker Hi1187 1-4-61-53 Houston, TX 77024 1-4-61-54 Ioe L. & Anna Hawthorne 1-4-61-55 David & Kathie Cunningham Tom Cunnutgham c/o 28392 La Bajada Laguna Niguel, CA 92656 1-4-61-56 Kazl L. & Patricia A. Lopez P.O. Box 1113 Pahoa, HI 96778 I-4-61-57 Washington University c/o Terry Woodham, Treasurer One Brookings Campus Box 1047 St. Louis, MO 63130 Thai Hai 65 Rue Bela Roquette BP 284 77525 Paris Cedex AA France Riyoko Gumbrill 727 Bunker Hi1187 Houston, TX 77024 Nanawale Estates Co. P.O, Bax ft0929 Bakersfield, CA 93389 1-4-59-41 James D. Reed P. O. Box 1107 Salito, CA 94966 I-4-59-42 John Jr. & Veronica Vidinha P. O. Box 4398 Hilo, HI 96720 1-4-59-43 Sharon Shepherd P. O. Box 5195 Hilo, HI 96720 1-4-59-44 Robert G.F. Heidt c/o Andolie J. Marten ItR 1 Box 163 Papaikou, HI 96781 1-4-59-45 William K. Waters 1423 Kikaha Street Hilo, HI 96720 1-4-59-46 Tanya K. Montgomery RR 2, Box 2289 Pahoa, HI 96778 1-4-59-47 Manuel A. Jr. & Marianna M. Soarer 2290 Kilauea Avenue Hilo, HI 96720 1-4-59-48 Carl B. & Sandy Caldwell 73-1205 KahiLoop Kailua-Kona, HI 96740 1-4-59-49 Accordia of Hawaii, Inc. 233 Merchant Street, Ste. 300 Honolulu, HI 96813 1-4-59-50 Kazuko Koike 71 Kurose Toyama-Shi Toyama-Ken 939 Japan 1-4-59-51 Arnold Bernstein 1-4-69-52 10 Clinton #3s Brooklyn, NY 11201 1-4-59-53 Elaine M. Aguirre, John C. Mountain & Jane A. Aguirre 135-20 116th Street So. Ozone Pazk, NY 11420 1-4-59-54 Joann Silva 2254 Apoepoe Street Peazl City, HI 96782 1-4-59-55 Norman H. Suzuki l 188 Bishop Street, Suite 1805 Honolulu, HI 96813 1-4-59-56 Mazio E. Villaruz P. O. Box 963 Keaau, HI 96749 1-4-59-57 Dennis Johnson (255 W. Virginia Avenue Denver, CO 80223 1-4-59-58 Gordan V. & Joan Kuhn 921 Green Star Drive, Apt. 211 Colorado Springs, CO 80906 Marten & Linda Luff 241 I Brookside Drive Caldwell, ID 83605 1-4-59-59 Walter S. & Ardath J. Maclean 13671 Lansing Street Garden Grove, CA 92643 1-4-69-60 Mardell & Maria A. Canto 1440 University Avenue San Jose, CA 95126 1-4-59-61 Michael P. Doherty Kevin Doherty 242 Manor Drive Riverdale Bettendorf, IA 52722 1-4-59-62 George M. & Evelyn F. Beal 25 Aalapapa Place Kailua, HI 96734 1-4-59-63 Alejandro & Leonor M. Madarang P. O. Box 26438 GMF, Barrigada GU 96921 1-4-59-64 James & Deborah Marie Aretakis 225 Niagara Street Denver, CO 80220 1-4-59-65 John D. & Ansa Napoli 1020 l5th Street, Apt. 38-C Denver, CO 80202 1-4-59-66 Lawrence Laverne & Kofuji M. Loback 3796 Pazkside Circle Lake Worth, FL 33461 I-4-59-67 John W. & Mary Jean Engstrom 1251 Southview Drive Hastings, MN 55033 I-4-59-68 Mandell & Maria A. Canto 1440 University Avenue San Jose, CA 95126 I-4-59-69 Joe P. & Marjorie J. Thornton 114 SE 11th Terrace Cape Coral, FL 33990 1-4-59-70 Masanao Kusuda Trust 1-4-59-71 5703 l IOth Place SW Mukilteo, WA 98275 1-4-59-72 Mary Elln Rettig 91 819 Moneha Place Ewa Beach, HI 96706 1.4-59-73 Ann L. Arruda Trust P. 0. Box 4845 Hilo, HI 96720 1-4-60-3 Matthew N. & Teresa R.N. Paio 99-120 OhekaniLoop Aiea, HI 96701 1-4-60-4 William C. & Janice C. Gay 1-4-60-5 1719 Westbrook Avenue Los Altos, CA 94024 1-4-60-6 Fatufua Tevaseu RR 3 Box 2314 Pahoa, HI 96778 1-4-60-7 Donna R. Comer 315 Cimmaron Circle Folsom, CA 95621 1-4-60-8 Angeli D. Gionet #226 Broadway Street Marisol Village Phillipinees 1-4-60-9 Ronald J. & Benedikta Reardon 333 S. Edison Road Yoder, CO 80864 1-4-60-t0 Ronald D. McBride 1-4-60-11 P. O. Box 1941 Pahoa, HI 96778 1-4-60-12 Gloria F. Shine 1225 Vienna Drive, #391 Sunnyvale, CA 94089 1-4-60-13 Dur1 L. Bradley Trust 15-556 Kahakai Blvd. Pahoa, HI 96778-9349 Durl L. Bradley Trust 630 Arthis Avenue Henderson, NV 89015 1-4-60-14 Myron L. & Maxine Baxley 1-4-60-16 1251 W. Royal Oaks Drive Shoreview, MN 55126 1-4-60-15 Carl R. Botefur Robert M. Spada Lorelei Schaller 5901 Warner Avenue, #377 Huntington Beach, CA 92649-4659 1-4-60-17 Richard & Margie A. Runser P.O. Box 773-626 Eagle River, AK 99577 1-4-60-18 Kaumoana M. & Kathleen Hew Len 75-257 Pumehana Street Kailua-Kona, HI 96740 1-4-60-19 MDM Hawaii, Inc. 1-4-57-56 P. O. Bax 2837 Aiea, HI 96701 1-4-60-20 Garith A. L. Campbell RR 1 Vimy Alberta TOG 2J0 Canada 1-4-60-21 Donald R. & Christine F. Camacho 6370 Hawaii Kai Drive 4 Honolulu, HI 96825 1-4-60-22 George K. & Blossom M. Naweli 89-1044 Pikai Olena Street Waianae, HI 96792 1-4-60-23 William T. Holyoak Tmst 3820 Deervale Drive Sherman Oaks, CA 91403 1-4-60-24 Deborah Ann Holyoak Trust 3820 Deervale Drive Sherman Oaks, CA 91403 1-4-60-25 Karl L. & Tamarra B. Hasselfeld P.O. Box 1576 Pahoa, HI 96778 1-4-60-26 Marshel & Jeane A. Kleian I-4-60-27 Negen November Weg No 43 1-4-58-80 5916 L D Venlo, Holland 1-4-SS-81 Netherlands 1-4-58-82 1-4-60-28 A1bertJaques 15028 133rd Avenue SE Renton, WA 98058 1-4-60-29 Walter & Elizabeth Ann Gasinski 5334 W. Flying Circle Tucson, AZ 85713 1-4-60-30 Phillip L. & Raquel L. De Blasio 710 Lunalilo Street, #603 Honolulu, HI 96813 1-4-60-31 Inga Lora Silver P.O. Box 423 Genoa, NV 8941 I 1-4-60-32 Frank N. Tanaka & Yaeko Tanaka Trust 16634 Wilton Place Torrance, CA 90504 1-4-60-33 Mazk K. & Deanne K. Tsuneishi 3014 Softwind Way Torrance, CA 90505 1-4-60-34 Titus & Madeleine Bontea 1-4-60-35 37 Mehau Lane Hilo, HI 96720 1-4-60-36 Marjorie M. Ward 416 Jeffries Avenue, #85 Monrovia, CA 91016 1-4-57-54 Stanley J. Rivers 20S 1 Delta Avenue Long Beach, CA 90810 I-4-57-SS Gonzales Joint Revocable Trust 47-475 Ahuimanu Road Kaneohe, HI 96744 1-4-57-57 Title Guazanty Escrow Services, Inc. c/o Nanawale Estates Co. P.O. Box 3006 Bakersfield, CA 93385 1-4-57-80 Jean G. Weiland Christine Flannery Craig Coolidge 1220 Via Landeta Palos Verdes Est, CA 90274 1-4-57-81 Robert Semon 417 Upham Place Dixon, IL 61021 Manuel Flores P.O. Box 1305 Kutistown, HI 96760 1-4-57-82 Bettye B. Stephens 155 Juniper Road Placitas, NM 87043 1-4-57-83 Humane Society/Santa Clara Vall 2530 Lafayette Street Santa Clara, CA 95050 Humane Society of United States 2100 L. St. NW Washington, D.C. 20037 1-4-57-84 Inez L. Corenevsky Tmst 5181 Connecticut Drive #1 Sacramento, CA 95841 1-4-58-35 Robert G. Gillett 3139 Mercedes Drive NE Lacey, WA 98516 1-4-58-36 Eugene M.Fujinazi Bradley Fujinari Sidney Fujinari 2125 20th Avenue San Francisco, CA 94116 I-4-58-37 Theodore M. & Yoshiko Mitsumori 45-220 Koa Kahiko Street Kaneohe, HI 96744 1-4-58-38 Wilber O. & Frances A. Posthumus 2421 Torrid Avenue Modesto, CA 95358 1-4-58-39 lose & Sarah Jean Agustin 2214 Gregory Gulfport, MS 39501 1-4-58-40 Jeffery D. Ayers P.O. Box 414423 Kansas City, MO 64141 1-4-SS-41 Jerry K.C. & Grace K. Chow 1559 Hoolulu Pearl City, HI 96782 1-4-58-42 John J. & June Fagan 500th MI GP Unit 45009 Box 75 APO AP 96338-009 1-4-68-43 George A. & Maureen Dwyer 4125 Dry Creek Road Medford, OR 97504 I-4-58-64 David K. & Bethany H. Sykes 1-4-68-65 92 Green Street Fairhaven, MA 02719 1-4-58-66 Lambert Zeegers c/o Gloria Verbest 708 1/2 N. Morrison Street Appleton, WI 54911 1-4-68-67 Melody Ann Vierra 1-4-58-68 1060 Kam Hwy, Tower A201 Pearl City, HI 96782 1-4-58-75 Frank W. & Alta A. Gorham 453 Tocino Drive Duarte, CA 91780 1-4-58-76 Robert A. Deking Britt L. Chilton P.0. Box 2156 Keaau, HI 96749 1-4-68-77 Su Ying Yu 313 Appletree Avenue Camarillo, CA 93010 1-4-58-78 Hans R. & Elisabeth Suhr 1-4-58-79 Rheinblickstr 1 55422 Bacharach Germany 1-4-58-83 Howazd & Dana L. Jones 9150 Holly Hill Drive Salinas, CA 93907 1-4-58-84 Mary Thronas Trust P. O. Box SS Kapaa, HI 96746 I-4-SS-96 Joseph P. & Toshiko Reagan 1-4-58-97 1540 O'Farrell #4 San Francisco, CA 94115 1-4-58-98 John Irving & Michele D. Holden 11007 NE Wilde Road Battle Ground, WA 98604 1-4-SS-99 Starlynn Annette Goodwin 1602 Glen Valley Drive Irving, TX 75061-2312 1-4-58-100 Eglett Trust c/o Chazles & Marjorie Eglett 8752 Hazazd Avenue Westminster, CA 92683 1-4-58-101 Motteler Family Trust P. 0. Box 623 Pahoa, HI 96778 I-4-58-102 Wendell H. Jr. & Audrey Goesman 1-4-58-103 3611 I Street NE Unit 182 Aubum, WA 98002-1827 1-4-SS-104 Carolyn K.S.R. Yontanza Trust 1424 Kaumoli Place Peazl City, HI 96782 1-4-58-105 Judith Palacio 4917 Kenlaz Drive San Jose, CA 95124 1-4-58-122 Lawrence R. & Annie Rodrigues P.O. Box 724 Kumstown, HI 96760 1-4-58-123 Milton K. & Susanna Kaopua P.O. Box 2494 Waianae, HI 96792 1-4-SS-124 Mary C. Landers c/o Mary C. Volkart 14159 N. Street Omaha, NE 68137 1-4-58-125 Edward 1. & Katherine G. Schmidt 4707 Black Swan Drive Shawnee, KS 66216 1-4-58-126 Manuel K. & Adeline Baptista 94-378 Kipou Waipahu, HT 96797 1 2E-ZcR2 NANAWALE COMMUNITY ASSOCIATION, INC. (tlAr RR/ BOX 2250 • PAHOA, HAWAII 96778 -9703 • TELEPHONE (808) 965 -8080 RF ;,_ , / I � Working to keep Nanawale the Big Island's most beautiful commdrttr. I t y ' 99 JUL 23 AEI 9 01 COUNTY CLERK COUNTY OF HAWAII-- December 3, 1997 Carlsmith Ball Wichman Case & Ichiki P.O. Box 686 Hilo, Hawaii 96720 RE: Dedicated School Sites Nanawale Estates Subdivision ATT: Steven S.C. Lim Dear Sir: The Board of Directors discussed the school sites and their last board meeting held December 2nd. They were in agreement as far as accepting the 12 acres site for a future elementary school and to support NECO's efforts to sell off the remaining property in one to five acre lots. The only stipulation the Nanawale Community Association has is to reserve the right to collect assessments from the sold lots. If you have further questions, please call. Sincerely, NANAWALE COMMUNITY ASSOCIATION, INC. B. Marvick Administrator I I EXHIBIT 7 NANAWALE COMMUNITY ASSN. LETTER c - z7 x DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII - HILO, HAWAII DATE : December 17, 1998 P. Gf L t yL C L G l CLG G1 L TO PLANNING DEPARTMENT FROMNGII■lEC-RiNG ON SUBJECT : CHANGE OF ZONE APPLICATION (REZ 98 -27, 28 & 29) Applicant: Nanawale Estates Co. TMK: 3 / 1 -4-47: 87, 1 -4-59: 77 & 1 -4 -76: 38 _ We have reviewed the subject applications and our comments are as follows: 1. All roads within the Nanawale Estates are private, with the exceptions of Nanawale Boulevard and Kehau Road, which are County roads. These roadways do not have a 40 -ft. wide paved road like the application mentions. Hapuu Road and Maluhia Road are also County roads. The public and private roadways within the Nanawale Estates are substandard for the surrounding and proposed zoning. Some private roadways are unimproved and poorly maintained. Nanawale Boulevard, although paved, has very soft grass shoulders. Nanawale Boulevard essentially acts as one large cul-de -sac, with only one access point. DPW does not support any further subdivisions or commercial developments, which will increase the traffic within Nanawale Estates. 2. The DPW is experiencing many problems with the private waterlines and water meter permits that the Department of Water Supply - issues, in areas along a County road where a waterline main is not available. This problem is getting extremely unmanageable to the DPW; therefore, we do not recommend any further subdivisions, the issuance of any water variances, or the issuance of any water meter permits. _ Should there be any questions conceming this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXHIBIT 011472 •p re = r 7or ,• ��, O Nelson M. Tsuji ■ - • c Fire Chief Stephen K. Yamashiro 1 "A•••-• ' Mayor Edward Bumatay : q • •+ ` Deputy Fire Chief Foi Qlountg of Aathatt FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane, Room 6 • Hilo, Hawaii 96720 (808) 9614297 • Fax(808) 961 -8296 - j December 22, 1998 To: Virginia Goldstein, Planning Director 1 -: From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 98 -28) APPLICANT: NANAWALE ESTATES CO. REQUEST: 0 TO RA -la AND A -5a TAX MAP KEY: 1 -4 -59:77 Fire apparatus access roads shall be in accordance with UFC Section 10.207: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. "(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when an 4u rY g 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 topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301 (b). EXHIBIT 000:303 o � CD To: Virginia Goldstein, Planning Director Page 2 December 22, 1998 "3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire - fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high -piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities." '(20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead -end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. o To: Virginia Goldstein, Planning Director Page 3 December 22, 1998 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15 %) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. "(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." Water supply shall be in accordance with UFC Section 10.301: "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire - extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. 0 o To: Virginia Goldstein, Planning Director Page 4 December 22, 1998 "(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. "(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. (f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." i NDft - dN I " Fire Chief NMT /mo •r ■9�0 • • o ` BENJAMIN AYETANO GOVERNOR f u O LAWRENCE MIIKE GOVERNOR t �1 DIRECTOR OF KEPI Ri 'd 4 ®W9 • STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721 -0916 7 MEMORANDUM • DATE: December 16, 1998 >' TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno A^- District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 98 -28) Applicant: Nanawale Estates Co. Request: 0 to RA -la and A -5a Tax Map Kev: 1 -4 -59:77 By current rules, the subject lot is located in a Critical Wastewater Disposal Area. A lot size of one (1) acre or more are required for the use of a cesspool. Only one (1) cesspool would be allowed on the lot. A septic tank system would be needed if a second wastewater disposal system is needed on this lot. The Department of Health's authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty -five (25) individuals daily at least sixty (60) days out of the year. Past episodes of water quality concerns for lead, copper, algae and microbial contaminations in - private rain catchment systems have identified the need for design standards. Without these control standards the Department of Health would not be able to support the use of these private rain catchment systems for drinking purposes. . W P7.O:REZ98 -28.nu EXHIBIT 0845 0 0 Names and addresses of owners and/or lessees 2£1,9?-17 of land within 300 feet of the perimeter boundary gip 1c6 of TMK: (3) 1- 4 -47 -87 1- 4 -49 -1 Geraldine H. Lau Trust 4356 Kilauea Avenue Honolulu, HI 96816 1- 4 -49 -2 Colin Y.B. Lee 47 -704 Alawiki Street Kaneohe, HI 96744 1- 4 -49 -3 Leslie W.R. Perkins c/o Esther May Perkins 15 Wattlepark Lane Robin 4226 Queensland Australia 1- 4 -49 -4 Keith Baggerly 7490 Brompton #271 Houston, TX 77025 1- 4 -49 -5 Chare & Supaporn Vathanaprida 13016 14th Place NE Seattle, WA 98125 1- 4 -49 -35 Henry H. Hamilton 1100 Dolores Bakersfield, CA 93305 1- 4 -49 -36 Ray Lin Sun Loo Clarissa Mee Quon Chun c/o Leatrice Loo 55 S. Kukui Street, #514 Honolulu, HI 96813 1- 4 -49 -37 Elaia Enriquez Family Trust 960 Komomala Drive Hilo, HI 96720 1- 4 -48 -6 Gary N. Tanaka Trust 1- 4 -48 -33 Akiko Tanaka Trust P. O. Box 147 Keaau, HI 96749 1- 4 -48 -7 Edward A. K. & Lucia R. Lee 1- 4 -48 -8 347 Kalili Street Hilo, HI 96720 1 - 4 - 48 - Wayne & Barbara Perkins 25 Song Sparrow Irvine, CA 92714 EXHIBIT 5 LIST OF SURROUNDING OWNERS 0 0 1- 4 -48 -10 Reiko C. Tuttle 1- 4 -48 -11 P.O. Box 6 1- 4 -48 -12 Whiting, VT 05778 1- 4 -48 -13 Nobuo & Alice Y. Nakamatsu 94 -484 Hinu Hinu Way Waipahu, HI 96797 1- 4 -48 -14 Luka Veloria c/o Teddy Pau P. 0. Box 1929 Pahoa, HI 96778 1- 4 -48 -15 Daniel Chang 7290 Bassano Drive Goleta, CA 93117 1- 4 -48 -16 Thomas A. Brodahl 4626 Center Lane NE Olympia, WA 98506 1- 4 -48 -17 Community Chapel World Outreach 12400 Studebaker Road Norwalk, CA 90650 1- 4 -48 -18 Ernest Stevens Ahr 171 County Road Demarest, NJ 07627 1- 4 -48 -19 Harold W.K. Lam Trust Chew Y.I. Lam Trust 1239 Mamalu Street Honolulu, HI 96817 1- 4 -48 -20 Robert J. Rupnow P. 0. Box 1586 Kaneohe, HI 96744 -1586 1- 4 -48 -21 Norbert A. Bassill 200 Niles Street Bakersfield,CA93305 - . _ 1- 4 -48 -22 Norma F. Lamberti 1840 154th Avenue NE #C -127 Bellevue, WA 98007 1- 4 -48 -23 Herminio & Gliceria B. Cabanting P.O. Box 977 Pahoa, HI 96778 1- 4 -48 -24 Hale Aloha 0 Hilo Habitat 109 Haili Street Hilo, HI 96720 0 0 1- 4 -48 -25 Walter Seneshen 103 -423 Pendy Grasse Road Saskatoon Sask S7M 4Z2 Canada 1- 4 -48 -26 Ralph Gordon Campbell 35677 Scarborough Drive Newark, CA 94560 1- 4 -48 -27 Erich R. & Ursula De Vries 1469 Flicker Way Sunnyvale, CA 94086 1- 4 -48 -28 Marie C. Lindsay 3574 Marks Avenue San Jose, CA 95118 1- 4 -48 -29 James A. & Ruth Moore Trust Deedri P. Veehala 973 Komomala Drive Hilo, HI 96720 1- 4 -48 -30 Archie J. & Norine D. O'Donnell 7646 Ventura Avenue Van Nuys, CA 91402 1- 4 -48 -31 Mano & Katherine Kaghazi 3708 W. 244th Street Torrance, CA 90505 1- 4 -48 -32 Mansoor & Fariba Ghaneeian 425 Via El Chico Redondo Beach, CA 90277 1- 4 -50 -1 Francis Moniz Trust Elizabeth Lou Moniz Trust 2002 Ala Mahamoe Place Honolulu, HI 96819 1- 4 -50 -2 John L. & Noriko T. Anderson 368 Clearlake Drive West Nashville, TN 37217 1- 4 -50 -3 Jung Sung Dudley c/o Jung Sung Wendland 3531 Heather Circle Seal Beach, CA 90740 1- 4 -50 -4 Zofia Molinari- Parente 1- 4 -50 -34 4350 37th Avenue North 1- 4 -50 -35 St. Petersberg, FL 33713 -1149 0 0 1- 4 -50 -36 Helmut Hans Ernst & Karin H. Hoffmann RR 1 Box 23 Durreil Road Quesnel BC V2J 3H5 Canada 1- 4 -50 -37 William H.W. & Judie Y.Y. Chu 45 Old English Lane Thornhill L3T 2V2 Canada 1- 4 -50 -39 Pasquale L. Parente 1- 4 -50 -40 4350 37th Avenue N. St. Petersburg, FL 33717 Pasquale L. Parente 305 Long Highway Little Compton, RI 02837 1- 4 -50 -41 Clement M. & Beatrice E. Oshiro 95 -452 Kakae Place Mililani Town, HI 96789 1- 4 -50 -42 G & G, Inc. 4245 Papu Circle Honolulu, HI 96815 1- 4 -50 -43 Robert K. & Doreen Y.Dceno 76 -6289 Kupuna Street Kailua -Kona, HI 96740 1- 4 -50 -72 John D. & Caroline C. Alexander P.O. Box 2504 Livermore, CA 94551 -2504 1- 4 -50 -73 George W. Edge 619 Warren Avenue, Apt. 5 East Providence, RI 02914 1- 4 -50 -74 Jutaro & Takiko K. Usagawa 237 Mohouli Street • Hilo, HI 96720 1- 4 -50 -75 MDM Hawaii, Inc. 1- 4 -47 -26 P. O. Box 2837 1- 4 -47 -27 Aiea, HI 96701-8279 1- 4 -50 -76 George D. & Chong S. Kim PSC 303 Box 42 APO AP 96204 1- 4 -50 -77 Eloisa A. Davis, Felicia Y. Davis &: Angelica Q. Davis 9218 3rd Avenue Inglewood, CA 90305 0 0 1- 4 -50 -78 Douglas D. & Rosemaary Colson 11427 Crestwood Drive South Seattle, WA 98178 1- 4 -50 -79 Vitt P. & Mary E. Ferrucci P. O. Box 277 Puyallup, WA 98371 1- 4 -50 -80 Shizuo & Yoshifiuni Matsumoto 210 Matsubara Ibo Cho Tatsuno Japan 1- 4 -50 -81 Catherine Westbrooks 65 School Street, #IFL Everett, MA 02149 -3406 1 -4 -50 -110 William H. Wise, III 1- 4 -47 -44 3748 Manoa Road Honolulu, HI 96822 1 -4 -50 -111 Jan Van Den Brink 47715 Ballam Road, RR3 Chilliwack, BC Canada 1-4-50-112 George S. B. Walters RR2 Box 2354 Pahoa, HI 96778 1 -4 -50 -113 Antonia R. Marquez 1 -4 -50 -114 5658 Irvine Avenue 1-4 -50 -149 North Hollywood, CA 91601 1 -4 -50 -115 Merrill H. & Lucille F. Gilmore. 1941 Glacier Highway Juneau, AK 99801 1 -4 -50 -116 Ronald & Abigail Gonzalez P. O. Box 300 Pahoa, HI 96778 1 -4 -50 -117 Kay T. Dresser 140 N Locust Avenue Agoura Hills, CA 91301 1 -4 -50 -118 Albert & May Agnes Dresser 140 N Locust Avenue Agoura Hills, CA 91301 1 -4 -50 -119 Alden & Gladys L. Smith Susan A. Fryman P.O. Box 10887 • Hilo, HI 96721 • 0 1 -4 -50 -148 Doreen Haley O 1800 South Valley View Las Vegas, NV 89102 1 -4 -50 -150 Leroy W. & Yvonne B. Evans 26045 Carmel Knolls Drive Carmel, CA 93923 1 -4 -50 -151 Howard L. & Dana L. Jones 1- 4 -47 -11 9150 Holly Hill Drive Salinas, CA 93907 1 -4 -50 -152 Elvin D. & Ruth R.M. Stipp 1333 Jackie Lane Minden, NV 89423 -9070 1- 4 -47 -6 William H. & Vivian E. Schmidt 11240 Pecos River Court Rancho Cordova, CA 95670 -2918 1- 4 -47 -7 Harold A. Short Estate c/o Public Administration 401 Marshall Street, 3rd Floor Redwood City, CA 94063 1- 4 -47 -8 David W. & Kimiko Schreiber c/o Fred Cadiz 8 -1742 Kaahtunanu Street, # B Pearl City, HI 96782 1- 4 -47 -9 Lucia Eldridge Tahita R. Kremer P.O. Box 756 Crockett, CA 94525 1- 4 -47 -10 David W. Silva c/o Ramona Silva 1622 -A Lusitana Street Honolulu, HI 96813 1- 4 -47 -12 Edward & Sun Cltza Thomas .. _ . 1-4-47-13 723 W. 142nd Street Gardena, CA 90247 -2117 3- 1- 4 -47 -14 Theodore Smyklo 3- 1- 4 -47 -15 43153 Continental Drive Fremont, CA 94538 1- 4 -47 -16 Kenneth A. Brown, Joseph Berandy & Mark Marsing P. O. Box 142 Marysville, WA 98270 • o G • 1- 4 -47 -17 Maurice & Patsy Y. Galante 16 Belmont San Francisco, CA 94117 1- 4 -47 -18 Power B. & Rosetta M. Sogo HC 3 Box 10008 Keaau, HI 96749 1- 4 -47 -19 Margot L. Ptusman 3150 Pahoa Avenue Honolulu, HI 96816 1- 4 -47 -20 Donald K.C. & Misako K. Ng 2719 Grandview Drive San Jose, CA 95133 1- 4 -47 -21 Samuel W. Booth 3245 Kittwake Circle Norcross, GA 30002 Bryan D. Booth P.O. Box 914 Oviedo, CA 32765 1- 4 -47 -22 Hee Soon McGill 1- 4 -47 -23 144 N Orange Drive Los Angeles, CA 90036 1- 4 -47 -24 David Y. & Denise L. Murakami 867 N. Burroughs Avenue Oak Harbor, WA 98277 1447 -28 Gregory C. Nourigat P.O. Box 923 Snohomish, WA 98290 1447 -29 Tanya Lee 13 -1339 Leilani Boulevard Pahoa, HI 96778 1- 4 -47 -30 David K. Palumbo P. O. Box 377 Ashford, WA 98304 1- 4 -47 -31 Kimberley S. & Kevin S. Baird 19928 Chase Street, #22 Winnetka, CA 91306 1- 4 -47 -32 Erle & Mary Frady Trust 9 Marbella Drive Rancho Mirage, CA 92270 • Ali 0 O • 1- 4 -47 -33 Ruth Louise Graner 1- 4 -47 -34 P. O. Box 503 Burbank, CA 91503 1- 4 -47 -45 Larry Knudsen 1- 4 -47 -46 20211 NE 38th Ct. Redmond, WA 98053 1- 4 -47 -47 Florence Shore Trust 1- 4 -47 -48 3334 E Coast Highway #288 Corona Del Mar, CA 92625 1- 4 -47 -49 Hiroshi Kitamura 1- 4 -47 -50 457 N. Canon Drive Beverly Hills, CA 90210 1- 4 -47 -51 Theresa L. Kangas Jamie B. Dockerwiller Leslie V. Dockerwiller - Fujita 24563 Redwood Highway Kerby, OR 97531 1- 4 -47 -52 Raymond T. Reiner c/o Jeanne Charleton, Executrix 18045 E. Evans Creek Road Rogue River, OR 97537 1- 4 -47 -53 Barry J. Orlando P. O. Box 2156 Pahoa, HI 96778 1- 4 -47 -62 Patricia J. & Andrew Starkie 1080 Maple Street Arroyo Grande, CA 93420 1- 4 -47 -63 John M. Larrecou & Maureen M. Smith 1956 Britian Avenue San Carlos, CA 94070 1- 4 -47 -64 Henry W. & Pacita E. Saint Onge 29 -575 E TrancasDrive - - Cathedral City, CA 92234 1- 4 -47 -65 William B. Medeiros 1458 Uluhala Place Kailua, HI 96734 1- 4 -47 -66 Janet Helen Erickson P.O. Box 1509 Pahoa, HI 96778 1- 4 -47 -67 Leroy E. & Louisa J. Wilson RR2 Box 2215 Pahoa, HI 96778 0 0 • 1- 4 -47 -69 Martin James Lanfranco 231 Tumberry Road Half Moon Bay, CA 94019 1- 4 -47 -70 Curtis & Barabara Mann Trust 14-47 -71 Muriel D. Mann 1551 N. Upland Circle Mesa, AZ 85201 1- 4 -47 -82 Liliana Biala 1- 4 -47 -83 c/o Di Curizo Maurizio Via Di Monteverde 51 -A, 00151 Roma Italy 1- 4 -47 -84 Robert B. & Susan K. Odencrantz 19635 Victory Blvd. Reseda, CA 91335 1- 4 -47 -85 Leo L. Tomas 846 Kanoa Street, #G Honolulu, HI 96817 1- 4 -47 -86 Octavia Diehl Trust 1972 Yolanda Way Tustin, CA 92680 -5916 1- 4 -47 -87 Title Guaranty Escrow Services, Inc. c/o Nanawale Estates P.O. Box 3006 Bakersfield, CA 93385 14-47 -88 Edward M. & Jeanne P. Lachance 360 Kauila Street, #110 Hilo, HI 96720 1- 4 -47 -89 Annie Guron Corpuz 99 -565 Hoio Street Aiea, HI 96701 1- 4- 47 -90' Michi Yoko Taylor c/o Donna Taylor 3300 Meridian Avenue N., #207 Seattle, WA 98103 1- 4 -47 -91 Stacy Fischer 22525 Sherman Way, #803 West Hills, CA 91307 -2369 II 0 0 • 1- 4 -47 -92 Addie W. Kaplan 424 South 44th Street Philadelphia, PA 19104 Meryl Kaplan 2130 Skye Street Cambria, CA 93428 o o 0 NANAWALE COMMUNITY ASSOCIATION, INC. RR/ BOX 2250 • PAHOA, HAWAII 96778 -9703 • TELEPHONE (808) 965 -8080 'J Iai' Working to keep Nanawale the Big Island's most beautiful community. I - December 3, 1997 Carlsmith Ball Wichman Case & Ichiki P.O. Box 686 Hilo, Hawaii 96720 • RE: Dedicated School Sites Nanawale Estates Subdivision ATT: Steven S.C. Lim Dear Sir: The Board of Directors discussed the school sites and their last board meeting held December 2nd. They were in agreement as far as accepting the 12 acres site for a future elementary school and to support NECO's efforts to sell off the remaining property in one to five acre lots. The only stipulation the Nanawale Community Association has is to reserve the right to collect assessments from the sold lots. If you have further questions, please call. Sincer61y, NANAWALE COMMUNITY ASSOCIATION, INC. B. Marvick Administrator EXHIBIT 6 NANAWALE COMMUNITY ASSN. LETTER DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE : December 17, 1998 /GP,GIL�KG�LLI?L TO PLANNING DEPARTMENT FROM PNGI GDQY12[ON � SUBJECT : CHANGE OF ZONE APPLICATION (REZ 98 -27, 28 & 29) Applicant: Nanawale Estates Co. TMK: 3 / 1 -4-47: 87, 1-4-59: 77 & 1 -4-76: 38 _ We have reviewed the subject applications and our comments are as follows: 1. All roads within the Nanawale Estates are private, with the exceptions of Nanawale Boulevard and Kehau Road, which are County roads. These roadways do not have a 40 -ft. wide paved road like the application mentions. Hapuu Road and Maluhia Road are also County roads. The public and private roadways within the Nanawale Estates are substandard for the surrounding and proposed zoning. Some private roadways are unimproved and poorly maintained. Nanawale Boulevard, although paved, has very soft grass shoulders. Nanawale Boulevard essentially acts as one large cul-de -sac, with only one access point. DPW does not support any further subdivisions or commercial developments, which will increase the traffic within Nanawale Estates. 2. The DPW is experiencing many problems with the private waterlines and water meter permits that the Department of Water Suppiy -issues, in areas along a County road where a waterline main is not available. This problem is getting extremely unmanageable to the DPW; therefore, we do not recommend any further subdivisions, the issuance of any water variances, or the issuance of any water meter permits. Should there be any questions conceming this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXHIBIT 1:5 011472 b b I \\ o BENJAMIN J.CAYETANO ' 1 1, LAWRENCE MII KE GOVERNOR 4 DIRECTOR OF ♦ I STATE OF HAWAII DEPARTMENT OF HEALTH C 1 - y P.O. BOX 916 ' " p f, HILO, HAWAII 96721 -0916 ' 10 MEMORANDUM DATE: December 16, 1998 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno 4 c'- District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 98 -27) Applicant: Nanawale Estates Co. Request: O -RA -la Tax Map Key: 1 -4 -47:87 By current rules, the subject lot is located in a Critical Wastewater Disposal Area. A lot size of one (1) acre or more are required for the use of a cesspool. Only one (1) cesspool would be allowed on the lot. A septic tank system would be needed if a second wastewater disposal system is needed on this lot. The Department of Health's authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system for the provision to the public of piped water for Human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty -five (25) individuals daily at least sixty (60) days out of the year. Past episodes of water quality concerns for lead, copper, algae and microbial contaminations in - private rain catchment systems have identified the need for design standards. Without these control standards the Department of Health would not be able to support the use of these private rain catchment systems for drinking purposes. • WP7.0:REZ98 -27.mi EXHIBIT Of:14E