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COM 0278.000 1998-2000
.P,°•'~ William G. Cavis Mamging Director Stephen K. Yamashiro - '~°'~°r Henry Cho ,S••yr Deputy Managing Director ~ O~'M~ ~0121t~'~t II~ ~tI~lTttiT 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 961-8211 Fax (808) 961-6553 KONA: 75-5706 Kualtini Highway, Suite 103 Kailua-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 dill 77 Comm, No. ~ ~ " FSIe No. ZNC7~PN ' Ref. To: P C Ref. Date APR 2 g 1999 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 M 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 are the Planning Commission's letters and enclosures regazding the above-referenced requests. Sincerely, en K`~.r~a nashiro Mayor IA41699.MAY Enclosures cc: Planning Department t'~,~ N Stephen K. Yamashiro ,i ~ Ma7ror • ,V Ol~N~~' ~IIltltf~l II~ GTfltt PLANNING COMMISSION zs Aapun~ S~rea, Room 109 • wk, e..... %~zo.azsz (808) %1-8288 Fu (808) %I-%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 98-29) Applicant: Nanawale Estates Co. Request: O to FA-la Tax Map Key: 1-4-76:38 The Planning Commission, after a duly held public hearing on April 16, 1999, voted to recommend for your approval the proposed legislative bill to change the district classification for approximately 9.328 acres of land from Open (O) to Family Agricultural (FA-la). The property is located within Nanawale Estates Subdivision bordered by Plumeria Road, Hapuu Road and Kona Road at Puua, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: In order to consider any area for any type of zoning designation, the applicable goals, policies, and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve quality growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 The proposed Change of Zone from an Open (O) to a Family Agricultural (FA-la) zoned district would conform to the following goals, policies and standazds of the Land Use and Agriculture Elements of the General Plan: * Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. * The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. * Zoning requests shall be reviewed with respect to the 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. * Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals, policies, standazds and courses of action to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the vazious land uses. The LUPAG Map establishes the basic urban and non-urban land use pattern for areas within the County. The proposed change of zone request conforms to the LUPAG Map, which designates the area for Orchazds. This designation allows for agricultural lands which support productive macadamia nuts, papaya, citrus and other similaz agricultural products. The requested Family Agricultural (FA-la) designation would allow for residential, agricultural and related uses on the subject property. The subject property is situated within the State Land Use Agricultural District, and is consistent with the Zoning Code, which states, "The FA district provides for a blend of small scale agricultural operations associated with residential activities and may be chazacterized by farm estates, small acreage fazms, or subsistence lots. The FA district is intended to be in areas within the State Land Use Agricultural district, on lands not classified as A or B under the Land Study Bureau's master productivity rating, or not classified as prime, unique, or other important agricultural lands." The requested change of zone would be consistent with the requirements of the State Land Use Law. A condition will be included to require the applicant to comply with the requirements of the State Land Use Law and the Zoning Code. The proposed zone change would Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 provide opportunities for small-scale agricultural activities which would be compatible with the surrounding area. The Land Study Bureau's Overall Master Productivity Rating is "E" or "Very Poor." While the requested FA-la zoning would allow the property to be used for residential and small-scale agricultural purposes, the proposal would be consistent with the General Plan LUPAG Map for Orchards. Surrounding land uses include primazily vacant land and scattered single family dwellings. The property is a portion of the 4,289-lot Nanawale Estates Subdivision which includes lot sizes ranging from 8,000 to 16,000 square feet. The average lot size within the subdivision is approximately 8,040 square feet, and surrounding properties aze zoned A-la and considered non-conforming lots. The requested FA-la zoning would complement the existing A-la zoning designation of the surrounding lots. 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 for school use by the developers; however, neither the County nor State has sanctioned such a use. In 1986, TMK: 1-4-83:20 on the corner of Mauna Kea Road and Hilo Road approximately 1/2 mile from the subject property, was rezoned from Open to A-la effective August 19, 1986. The property is one of three sites designated for school use by the developers, and the request would remove approximately 9.328 acres from the Open zoned district within the Nanawale Estates Subdivision. According to the Department of Education's Facilities Branch, the minimum lot size for schools are: Elementary, 12 acres including playground; Intermediate, 18 acres including playfield; High School, 50 acres including complete facilities. Therefore, although the subject property-was designated as a school site, it does not meet the minimum lot size for a school. In a sepazate rezoning request on TMK: 1-4-59:77, the applicant is proposing to reserve approximately 12 acres to be conveyed to the Nanawale Estates Community Association for future development of educational facilities. The subject property was designated as a school site and not a pazk site, and the request would remove approximately 9.328 acres from the Open designation, but would not impact the availability of park sites in the area. Within the subdivision, Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 there are fourteen (14) sites zoned Open which were designated as park sites. All parcels are vacant, except for TMK: 1-4-50: 23 (Park/Fire site), and owned by the Nanawale Community Association: T~ iz (in acres) 1-4-50: 23 (Park/Fire) 1.849 1-4-64: 108 1.480 1-4-57: 27 1.485 1-4-64: 16 1.485 1-4-74: 108 1.485 1-4-31: 39 1.480 1-4-74: 16 1.480 1-4-81:1 1.485 1-4-76: 113 1.485 1-4-85: 42 1.485 1-4-87: 62 1.106 1-4-57: 92 .265 1-4-32: 58 7.411 1-4-82: 1 3.579 TOTAL 27.56 acres According to the Department of Parks and Recreation, except for TMK 1-4-32: 58, all the park sites within the subdivision are neighborhood parks, as defined by the County General Plan. Neighborhoods parks are defined as "........up to 4 acres, within the center of a neighborhood...." As identified above, the Nanawale Estates Subdivision has 14 potential park sites totalling approximately 27.56 acres. Furthermore, parks are a permitted use within the requested FA designation. Currently, within the 4,289-lot subdivision, there are approximately 426 building permits issued by the Building Department since 1980. Data from the 1998 Experian Realty Directory lists 429 properties within the subdivision with structural improvements. Therefore, only 10% of the subdivision has been improved upon. At total buildout, the Nanawale Estates Subdivision may be projected to have a population of approximately 12,438. This is based on the number of lots in the subdivision (4,289) multiplied by the 1990 Census data of 2.9 persons per household. The subject property is located in close proximity to schools, commercial areas, employment centers and public safety services. Access to the subject property is from Nanawale Boulevard to Hapuu Road and Kona Road. Nanawale Boulevard and Hapuu Road are County owned and maintained. According to the Department of Water Honorable James Y. Arakaki, Chairman and Members of the County Council Page 5 Supply, water is not available to the site. The applicant has stated that no further subdivision will occur on the property until the availability of a County approved water system to the site. All other essential utilities and services are or will be made available to the site. The property has no severe topographic or geologic problems which cannot be properly rectified or which would render the land unusable for residential or agricultural uses. Lands surrounding the subject property are zoned A-la, which is consistent with the applicant's requested FA-la zoning. The property is vacant of any structures and previously graded, therefore, it is not anticipated that endangered or threatened candidate species of flora or fauna nor significant archaeological sites are located on the subject property. Based on the foregoing, approval of the change of zone request from O to FA-la would result in an appropriate land use pattern that will further the necessity, convenience and welfare of the general public. For your favorable consideration, an amendment to Section 25-8-22, the Puna Zone Map, of the County Zoning Code is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, v~~~y~~ " _ Leonard Tanaka, Chairman Planning Commission LNanaw06.PC Enclosures cc: Nanawale Estates Co. Steven S. C. Lim, Esq. Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu ,r BNenaw04.pk[- MS N9 COUNTY OF HAWAII PLANNING DEPARTMENT AMENDED BACKGROUND REPORT NANAWALE ESTATES CO. C AN .OF .O PP .I -ATION F 99-291 NANAWALE ESTATES CO. is requesting an amendment to their request for a Change of Zone by changing the district classification finm Open (O) to Family Agricultural (FA-la), previously requested Residential and Agricultural (RA-la), for approximately 9.328 acres of land. The property is located within Nanawale Estates Subdivision bordered by Hapuu Road and Kona Road at Puua, Puna, Hawaii, TMK: 1-4-76:38. APPL.ICANT'C F.O TF: T 1. By letter dated March 1, 1999, the applicant has filed an amendment to their request from the previous O to RA-la, to O to FA-la. The subject property is no longer proposed to be subdivided, as initially requested. The applicant is requesting the amendment to FA- 1 a to beconsistent with the Zoning Code, which states that the FA district is intended to be in areas within the State Land Use Agricultural district. All other information in the previous background report remains the same. (See Exhibit A -Applicant's Letter dated Marc61,1999) ADDTTIONAL INFORMATION 2. County Zoning: Family Agricultural (FA-la). The FA district provides for a blend of small scale agricultural operations associated with residential activities and may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas within the State Land Use Agricultural district, on lands not classified as A or B lands under the Land Study Bureau's master productivity rating, and not classified as prime, unique, or other important agricultural lands. The average lot size within the subdivision is approximately 8,000 square feet and caned A-1 a, and are considered non-conforming lots. The requested FA-la zoning will complement the existing A-la zoning designation of the surrounding lots. 3. Open zoned sites: The property is one of three sites designated for school use by the ATTACH. C-278 (B-77) developers, and the request would remove approximately 9.328 acres from the Open zoned district within the Nanawale Estates Subdivision. According to the Department of Education's Facilities Branch, the minimum lot size for schools aze: Elementary, 12 acres including playground; Intermediate, 18 acres including playfield; High School, 50 acres including complete facilities. Therefore, although the subject property was designated as a school site, it does not meet the.rrini,num lot size for a school. In a separate rezoning request on TMK: 1-4-59:77, the applicant is proposing to reserve approximately 12 acres to be conveyed to the Nanawale Estates Community Association for future development of educational facilities. The subject property was designated as a school site and not a park site, and the request would remove approximately 9.328 acres from the Open designation, but would not impact the availability of park sites in the area. Within the subdivision, there are • fourteen (14) sites zoned Open which were designated as pazk sites. All pazcels are vacant, except for TMK: 1-4-50: 23 (Pazk/Fire site), and owned by the Nanawale Community Association: ~ ~iz& (in acres) 1-4-50: 23 (Pazk/Fire) 1.849 1-4-64: 108 1.480 1-4-57: 27 1.485 1-4-64: 16 1.485 1-4-74: 108 1.485 1-4-31:39 1.480 1-4-74: 16 1.480 1-4-81:1 1.485 1-4-76: 113 1.485 1-4-85: 42 1.485 1-4-87: 62 -1.106 1-4-57: 92 .265 1-4-32: 58 7.411 -2- 1-4-82:1 3.579 TOTAL 27.56 acres Acccxding to the Department of Parks and Recreation, except for TMK 1-4-32: 58, all the pazk sites within the subdivision are neighborhood pazks, as defined by the County General Plan. Neighborhoods pazks are defined as "........up to 4 acres, within the center of a neighborhood...." As identified above, the Nanawale Estates Subdivision has 14 potential park sites totalling approximately 27.56 acres. Furthermore, pazks are a pernutted use within the requested FA designation. 4. Hawau County Code: The Pazk Dedication Code, which provides a method of calculating land required to be provided in perpetuity by a subdivider, is not applicable to Nanawale Estates. Under Section 8-4 (a)(2), which exempts subdivisions granted tentative approval prior to December 27, 1977, Nanawale Estates is exempt since it received Final Subdivision Approval on January 22, 1969. 5. Buildoat Information: At buildout, the Nanawale Estates Subdivision may be projected to have a population of approximately 12,438. This is based on the number of lots in the subdivision (4,289) multiplied by the 1990 Census data of 2.9 persons per household. 6. State Land Use Boundary: According to the State Land Use Commission, the State Land Use boundaries within the Nanawale Estates Subdivision were initially designated in 1964 and again in 1969, creating the current division between the SLU Agricultural and Urban azeas approximately along Lehua Road. All properties in the SLU Agricultural designated azea are zoned A-la by the County. Within the SLU Urban designated area, properties are zoned RS-10 and A-la. 7. Building Permit Data: Data from Building Permit records indicate that 426 building permits have been issued in the 4,289-lot Nanawale Estates Subdivision since 1980. Data from the 1998 Experian Realty Directory lists 429 properties within the subdivision with stmctiual improvements. 8. Donald Kendall Rezoning: In 1986, TMK: 1-4-83:20 was rezoned from Open to A- la by Ordinance 86 84 effective August 19, 1986. This property is situated in the SLU Agricultural district and is located on Mauna Kea Road and Hilo Road approximately 1/2 -3- l mile west of the subject property. The applicant requested the change of zone to construct a dwelling on the property, with no further subdivision. A .N I .S' ~O .NT 9. Department of Public Works (March 17,1999 Memo): "We have reviewed the amendment to the subject application and comments in our memorandum dated December 17, 1998 (enclosed) still applies." (See Exhibit B -Department of Public Works Memo dated December 17,1998) 10. Police Department (March 16,1999 Memo): "Staff has reviewed the above-referenced application and has no comments or objections to offer at this time." 11. Fire Department (March 16,1999 Memo): "We have no comments on the above-referenced Amended Change of Zone Application." 12. Real Property Tax Office (March 17,1999 Memo): "There aze no comments at this time. "Status of real property taxes: Current. Real Property taxes are paid through 6/30/99." 13. Department of Transportation (March 18,1999 Letter): "The subject operation will not impact our State transportation facilities." 14. Land Use Commission (March 16,1999 Letter): "We have reviewed the additional information provided in the subject amended application forwazded by your memorandum dated Mazch 5, 1999, and have no additional comments to offer to our previous comments dated December 14, 1998, on the original application." AGENCIES - NO COMMENTS 15. Department of Parks and Recreation, Department of Health, DLNR Land Division, DLNR State Historic Preservation Division, DLNR Land Management, Department of Transportation Hilo, Department of Agriculture, Natural Resources Soil and Conservation Services PUBLIC COMMENTS 16. (See Ezhibit C): 1. February 18,1999 fax memo from Bonnie Goodell 2. January 19,1999 comments from Toby Hazel -4- 3. February 16,1999 comments from Barry Orlando 4. February 19,1999 (received) comments from Barry Orlando 5. Surveys, various dates, from Barry Orlando 6. March 2,19991etter from Barry Orlando and Planning Director's response dated March 12,1999 7. March 10,19991etter from Toby Hazel and Planning Director's response dated March 16,1999 8. March 11,19991etter from Steven S.C. Lim, Carlsmith Ball, and attachments 9. February 9,19991etter from Nauawale Community Association 10. Undated memo received March 31,1999 from Romain and Doris Giger 11. April 6,1999 response letter from Steven S.C. Lim, Carlsmith Ball, to James and Margaret Weeks 12. Letter received ou Apri18,1999 from George and Jesseca Roberts -5- CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSNIP INCLUDING UW CORPORATIONS 121 WAIANUENUE AVENUE , ~ ~ ' POST OFFICE BOX 686 ^ ~'j~j 1 17 HILO, HAWAII 96721-0886 TELEPHONE (808) 886fi8M ~ ~ ' ' " I FAX (808) 885.7976 March 1, 1999 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Sheet Hilo, Hawaii 96720 Re: Change of Zone Application (REZ 98-29) Applicant: Nanawale Estates Co. Request: Open (O) to Residential-Agricultural 1-acre (RA-la) Nanawale Estates Subdivision, Puua, District of Puna, Island and County of Hawaii Tax Map Key: (3) 1-4-76-38 Dear Ms. Goldstein: This letter is to amend Applicant Nanawale Estates Co.'s Change of Zone Application (REZ 98-29) request from the Open (O) district to the Family Agricultural one-acre (FA-la) district designation. The FA designation is consistent with the following land use plans, policies and controls: State T.a11d Use. The SLU designation is Agricultural, District. General Plan. The Land "Use Pattern Allocation Guide ("LUPAG°) designates the property as Orchard. The Orchard designation are agricultural lands which though rocky in character and content support productive macadamia nut, papaya, citrus and other similar agricultural products. o ~n o in .The FA district provides for a blend of small-scale agricultural operations associated with residential activities and which maybe characterized by farm estates, small acreage fames, or subsistence lots. The FA district is intended to be in areas designated as being within the state land use agricultural district and for lands which are not classified as prime, unique or other important agricultural lands. EXH/~IBIT 2007057.1.0373743 A Qtl'~ '"?!?9 HONOLULU KAPOLEI HILO KONA IdAV~ GIIAA.I SAIPAN 1 nC 4,~^vt rc mincun..ir_rnni n ~ ...w,n.. Virginia Goldstein March 1, 1999 Page 2 Therefore, the proposed action to rezone the property from Open to Family Agricultural is not contrary to the purposes of the State Land Use Agricultural designation for the property, and is consistent with the LUPAG map designation for the Property. In further support of its request to amend the rezoning application, the Applicant will commit that no future subdivision of the parcel will occur, without either a County water system being available to service the property, or further action by the County Council. Additionally, the Applicant agrees to include a limitation on the use of the property for "single family residence" uses only, as noted in the Aeclaration of Protective Restriction, Condition and Reservations of the Nanawale Estates Subdivision. Should you have any questions concerning this amendment, please do not hesitate to contact me. Thank you for your consideration. Very truly yours, STEVEN S. . L SSL:KYL xc: Nanawale Estates Co. 2007057.1.0373743 CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 688 HILO, HAWAII 98721-0888 TELEPHONE (909) 939.99tt FAX (909) 936-7976 March 1, 1999 Ms. Virginia Goldstein Planning Director County of Hawaii 25 Aupuni Street I~lo, Hawaii 96720 Re: Change of Zone Applications (REZ 98-27 and 28) Applicant: Nanawale Estates Co. Request: Open (O) to Residential-Agricultural 1-acre (RA-la) Open (O) to Residential-Agricultural 1-acre (RA-la) and Agricultural 5-acre (A-Sa) Nanawale Estates Subdivision, Puua, District of Puna, Island and County of Hawaii Tax Map Keys: (3) 1-4-47-87 and 1-4-59-77 Dear Ms. Goldstein: This letter is to supplement Applicant Nanawale Estates Co.'s Change of Zone Applications (RR9 98-27 and 98-28). Much of the testimony at the February 19, 1999 public hearing centered on the objections to lazge-scale agricultural uses on the proposed lots. This will confirm the Applicant's agreement to include language in the deeds of all proposed RA-la lots to limit the use to "single family residence" uses only. The Applicant believes that the single family residence use conforms with the intent of the Declazation of Protective Restriction, Condition and Reservations of the Nanawale Estates Subdivision. Should you have any questions, concerning this amendment, please do not hesitate to contact me. Thank you for your consideration. Very truly yours - \ STEVEN S. . L SSL:KYL xc: Nanawale Estates Co. 2007061.1.0373743 HONOLULU • KAPOLEI HILO • KONA • MAUI . GuAlel . sAiPAN . i ns avrn ee ..unewrar_rnr., ~ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE : December 17, 1998 i~~L4~LCtGtCt%GLl~ft TO PLAN~NI-+NG~D~EPARTMENT FROM ~N~EERtNG ~ ON SUBJECT CHANGE OF ZONE APPLICATION (REZ 98-2T, 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 concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY , EXHIBIT _ BonnieGoodeN 480&967-7775 X18/99 011:54AM p213 Bonnie Goodell Planning for sustainability VolcanoHI 96785-0006 Ph. 967-7775, fax: 9567-8295 cmaolan@intemac.net ~ ~ ~ . ; ~ , , February 18,1999 TO: Members of the Planning Commission RE Proposal to Rezone Set-Aside Parcels in Nanawale Thank you for the opportunity to testify. I am against any change to the status of these ids set aside for public facilities. I have been asked by some residents of Nanawale to provide information on this proposal. My testimony will be regazding the need to provide Level of Service (LOS) for fire and police stations, pazks, and schools. Thee are approximately 4,300 parcels in Naoawale. Therefore the expected population at band-out is over 12,000. According to the 1989 Impact Fee Study carried out by the PLnming Department, the LOS per 1,000 population for Hawaii County is as follows: Per 1000 people x12 forNanawale Neighborhood Parks .26 acres 3.35 acres Community Parks .94 acres 12.09 acres Pblice station bldg. 306 sq. feet 3,937 sq. feet Fne station bldg. 573 sq. feet 7,373 sq. feet Ia addition, at build out Nanawale can be expected to have over 1,000 elementary age cWldren, so would need two elementary schools, at 10 acres each, as well as providing aborrt half the children of an Intermediate/Iiigh School complex at 50 or more acres per complex. Therefore, set aside for public use in Nanawale should be enough for at least 15 acres of park, 20 acres of schools and apolice/fire complex of at least three acres. The Puna Community Development Plan, passed by the Planning Commission in 1995, specified only one elementary school and library for Nanawale. However, that LOS was predicated upon creation of a new Hazard Overlay zoning designation for all of Hazazd Zones One and Two in Puna. In that Hazard overlay zone, lowering of potential densities by such means as down-zoning incentives anti Transfer of Development Rights was anticipated to lower potential build-out densities. Since that part of the Community Development Plan has not been implemented, then the standard LOS would need to be applied, as show in the figures above. Even if the density-lowering proposals were in ptaoe, requiring only one elementary school, more than 30 acres would still be needed. Wln7e there has been some discussion of tbe LUPAG (Low Density Urban and Orchards), Land Use District (Urban and Ag) and zoning (RS 10 and Ag 1), those are immaterial to public facilities needs projections. LOS standards are based on actual use by 1000 people, not map designations. It would be contrary to standazd planning practice EXHIBIT c I Bonnie Goodell ~ 80&967-7775 '18199 O 11:55 AM ~ 3/3 to fail to protect property set aside for those needs. It would fail in the provision of public health and safety and would waste the public purse; future citizens would have to condemn homes and lots, at a cost of many millions of dollars, to reassemble property later for public needs. Mahalo. C~ - NANAWALE ESTATES JANUARY 19.1999 RESIDENTS OPPOSITION TO CHANGE OF ZONE APPLICATION (REZ 98-27) (REZ 98-28) (REZ 98-29) II HAS COME TO THE ATTENTION OF THE RESIDENTS OF NANAWALE THAT THE COUNTY OF HAWAII PLANNING DEPARTMENT HAS FAILED TO ENIEk OUk TESTIMONEY INTO THE BACKGROUND REPORT ON THE ABOVE THREE PARCELS AS REQUESTED. WETHE RESIDENTS OPPOSE THE CHANGE OF ZONING FROM OPEN TO ANY OTHER TYPE. ACCORDWG TO ARTICLE III OF THE NANAWALE ASSOCIATION CORPORATION, UNITS I-N ARE FOR "DESIREABLE RESIDENTIAL USE ONLY". (see azticles of inco:porelion) CARLSMTTH BALL REPRESENTS NANAWALE CORPORATION, WHO ARE ALSO, AS LANP OWNERS, MEMBERS OF NANAWALE ASSOCIATION CORPORATION AND WE UNDERSf_AND, AS SUCH, THEY MUSE FIRST SUBMITT THEIR REQUEST FOR A SUBSfANCIAL CHANGE SUCH AS WILL DEPRIVE THE NANAWALE SUBDMSION OF THEIR DEDICATED PARKS AND RECREATIONAL AND EDUCATIONAL SPACES, TO THE BOARD OF DIRECTORS OF THE ORGANIZATION TO WHICH THEY ALL BELONG AND ALLOW A VOTE OF THE MEMBERS, AS SPECIFICALLY STATED BQ THE BYLAWS. FULL DISCLOSER OF NANAWALE CORPORATION PROPOSED PLANS AS WERE SHOWN TO THE EUARD ON 1!27/99 NEED TO BE SENT TO ALL MEMBERS OF NANAWALE ASS.CURP. SOME OWNERS W!'I'HIN 300 FEEL' HAVE NOT BEEN NCYITFIED THE NANAWALE BOARD HAS NOT AGREED TO THIS PROPOSAL, AS THE BACKGROUND SUGGESTS, BUT HAVE UNANIMOUSLY DECIDED AGAINST ANY AGRICULTURAL ZONE IN THE RESIDENCIAL UNITS. WE ALSO REQUESTTHAT THE PLANNING DEPARTMENT INCLUDED THE LETTERS, MAPS AND COMMENTS SUPPORTING THIS OPPOSITION THAT HAS BEEN SUBMITTED TO THEM. THLS INCLUDES THE ORIGINAL WARRANTY GIVEN TO EACH RESIDENT BY NANAWALE CORPORATION DEDICATING THESE OPEN SPACES TO THE HEALTH AND WELFARE OF THE ~ COMMUNITY AS ORIGINALLY STATED IN JANUARY 22,19ti9. m WE EXPECTTHE PLANNING DEPARTMENTTO FOLLOW UP ON THE REPEATED REQUEST: TU CLEARLY STATE THE MINIMUM NEEDS AND SUGGESTED REQUIREMENT FOR OPEN SPACE = U FOR NANAWALE ESTATES' ULTIMATE BUILDOUT. ~C W IN THE FUTURE WHEN THE PLANNING DEPARTMENTS SENDS REPRESENTAIVES TO GATHFk INFORMATION FROM REPRESENTAIVES OF A SUBDIVION, MAKE AN HONEST EFFORT TO REPORT YOUR FINDINGS AND ALLOW THE PLANNING COMMISSIONERS TO MAKE AN INFORMED DECISION. IN THE OFFICE OF THE TREASURER OF THE STATE OF HAWAII CHARTER OF INCORPORATION OF NANAWALE COMMUNITY ASSOCIATION, INC. KNOW ALL >fEN BY THESE PRESENTS: w1iEREAS, Howard Q. C. Hiu, Dora Y. Hiu, Thomas K. Woo, and Thomas w. N. Chun have filed a verified, written petition in the Office of the Treasurer of the State of Hawaii, praying for a charter of incorporation for themselves and their successors under the name of NANAWALE COMMUNITY ASSOCIATION, INC., and said petition is in the form req uized by law, NOw, T{{EREFORE, I, CHARLES H. SILVA, Treasurer of the State of fiawa ii, under and by virtue of the authority granted me by law, and by and with the consent of the Governor of Hawaii, do hereby grant to said petitioners and their successors, a charter of incorporation as follows: ARTICLE I - NAME The name of this corporation shall be "NANAWALE COMMUNITY ASSOCIATION, INC." ARTICLE II - LOCATION The principal office of this corporation shall be in Hilo, County of Hawaii, State of Hawaii. ARTICLE III - OBJECTS AND PURPOSES The objects and purposes of the corporation shall be to ~ encouraye, promote and aid in developing, improving, and main- ~ taining the area of Na navale, Island and County of Hawaii, as a desirable residential community; to develop unified community spirit, to do any and all things to promote the health, safety, and welfare of residents within the Nanawale social life, and community welfare within the Nanawale area; to promote better understanding and fellowship among its members, their families and all residents of the Nanawale area; to assist in reducing juvenile delinquency throughout the state; to develop the youths in the Nanawale Community by strengthening them in mind and body by proved inq them with proper training equipment and facilities; to provide for the en [ertainmAnt and well being of the senior citizens of the community by providing scheduled participation - games and activities in corporate owned community halls and playgrounds. ARTICLE IV - DURATION The corporation shall have perpetual succession in its corporate name. F ~ PAGL ONE CIA r`f` o /oP 2r go 41Po- QPIr NANRWAEE ESTAT ES ~ ~Ne~ "fo Sca~~~ R W G.,r~ _ Z , C Y W / 7 _ ~ V _ _ • i ~ ~ ~ S oP I a y f~..._~ i W AW l pV~ V UN p • N i a HotInAY N 17 1 ~ Hu M - ~ ~ i ~ 1 L WJ ~ ` 5 a N UN Ir 2 ~ MAUI - d l i4 / /r ''"4 A ' C P UNIT ~ LeKAI _ 2 - uti Ir AVAI W I i ~ ~ " UNIT ~ -0ll -1 ~ 3B ~a ~ ~ i LGduA'-- - _ 1 ' PIKAUI UNIT 6 _ / - I o 3A P v x 4 u,; - _ ~ W A ALAAIA n 1 a 4rslEgl - ~ s ( _ ~ W I - UNIr ~ < z Ho ` ~ 7JH V i/`~` ~ oNA /UN I7 ¢ P A UNIT ~ ~ P o LE66N D 4 t cti~ren ~ O M 1 L ~ L6....1. KfeW. . P, Fr.k .es..va / LAMA ~A FS ~ FK SIJ~ien vey[r VC _ ^ N P 44 1 ' ~ RCE NANAIe/ .u¢tli~ Np~N 3~~+~78 I I DLO - = - - U / AUI ..rf 4' H WAII HILO A1~~ ~ n ~c L . WE ~~eAT-~ "The loveliest fleet of islands that Zies anchored in any ocean" I -:1lark Tzvain FtRSr vin .y DEVELOPER 171LL PR01'fDE: Community Crnta and surimminR pool. - ' 8. Roads to ail uts--lI ran bouirrnrdc nm rd earl! hr drdira+rd rn nnri r•rmm uanrd 6s :br l.uunnr i,rtian,.. .,urrnnrrrd a'urdrr ru r:uunn rrryun..,•....ru. knmi rneorrrr:nr ruu mr2 rum .nnruirrmn datr puarantre. l7. err--•~~-v u:rn l'!nnrun_ unA 7rnlin r..,•rmn,ron ur Ihiu. unr.nah ur nr a' for :u(rs w nr ,i.uuuo-d um: HrznA ur Hnanu 'Rsiu Bramn, .J,ir~ x~J1 tr anal mrrrr or rwd yacmrn r. ~sll D. ELECTRIC l'O!L'ER and TELEPHONE LL~'ES TO B£ UR'DEXf,HUC\D. _ Approzimotriy one mi(r of palva Ent on property at pretml-ai(I br "`y!~ rztrnded to serve all lots ! - r:: - _ E. AlC Ion ro be staked and numbered. 1 F Grant Derd and polirr of Title Insurnnrr is iurmshed to rarh ;.n ..u nrr - li- cr rite Tiur Guaramrr Camlmn. or Raaasi. ~ YOa ulll enter Vanau;ale Est G. Reasonable i,ui/drnK rrunrtmn roe your protratort. at thlS point OUCT a paC'rd r ) 1 N Tbr nompronr l unaauir Cammnnur dnaaation rcompoaed ar s: :a.rp. ern omnrrss ui// marmam smrKUars. briA/r pnths and rerrmnon ~m cures. 6e Ra/Red ati anaa'ale B7~alt.' C:' r tf - .n.. ~a.~ ~+-..>r '1r1'~is'v. y. ~~1'i'.5.:~' ~+r^' i. Y °r- ~C' r'a.e r ~ 1' 'ti4~ KALAMNA iA4K e' LACK SAND .i :~,.[i:/ ~./\J/~\ t A_ 27er rieh soil at .Vanau: ale !_nur /Inle .ti loth !'ur!. prarides settings like this. From: AndyBev2IiI@aol.com Date sent: Tae, 16 Feb 199919:41:26 EST To: Orlando@koa-designs.com Subject: ' reply page 2 DISCUSSION 1. County Code: Open Districts I quote "The `O' (open) district applies to areas that con- tribute to the general welfare, the full enjoyment or the economic well-being of open land type use which has been established or is proposed." "General Welfare" Nanawale consists of the smallest lots of any subdivision in Puna The average lot is 1 /6 acre. There are over 4000 lots in the subdivision. This is an urban setting, already crowded with building lots. The fact that it is not already built out yet should have no bearing on the characterization of the subdivision. At this point we must use as a premise that it will be someday be built out, and that the Open-zoned parcels here now are absolutely essential to the •welfare of everyone in such a planned, overcrowded subdivision./ "General Welfare" is served by natural areas which contribute to the beauty, the air quality, the noise quality, and significant native Hawaiian plant and animal refugees, and by a carefully planned usage which emphasizes these aspects of Openzoned land. "Full Enjoyment" means some sense of gratification to all the residents of Na~wale. Sub- dividing this land or changing the zoning to anything other than Open would limit the enjoy- mem of this scenic land to just ten landowners, or less. "Economic well-being of open land type use which has been established or is being proposed" The economic well-being of the community in general lies in the preservation of these Open zones. Having such a natural wealth of Hawaiian forest within our subdivision enhances the value of all of our properties. Put together, the enhanced value on over 4000 lots far exceeds the negative net value often farm lots. One acre is generally not considered EXHIBIT ,d ~3 FT-- nom - enough by local farmers or the UFi Horticulture Division to be economically feasible for any significant fanning. May I point out that Open space is the established use of this property. Open space is the use that was promised to the buyers of all current lots in Nanawale. Any attempted rezoning will detract from already depressed property values and resellability, and would result in litigation. "The object of this district is to encourage development around it..."Around, not within it. Again, this type of rezoning only further ladens an already over-loaded market of such lots in Puna, where land-owners are presently waiting in line to dump such properties. Very importantly, "to protect investments which have been or shall be made in reliance upon the retention of such open type use, to buffer an otherwise incompatible land use or district" Every resident I have spoken to in this subdivision, especially adjacent owners, have expressed that they did buy adjacent to or nearby an open-zoned parcel for the specific reason that open space adds to the value of their property. Due to the presence in Puna of so much controversial development already, we need these buffer zones more and more, especially ones of such 9~rtY• " ...to preserve a valuable scenic vista or an area of special historical significance..." Applicant contends that this area is not listed by the State as of special scenic or historic interest. The State report referred to is very general and does not consider pieces of land as small as these, and is far from inclusive of such sites. "Historic" is often misconstrued to mean "historic by human use" 1) I Barry Orlando, a resident and land owner oa Shell Rd, of Nanawale Estates, did receive a notice from Cazlsmith Ball, as notification of their request for a change of zone of approximately 10.995 acres of hand, bordered by holiday Rd, Seadrift Rd, and Flower Rd. 2) Having read both Cazlsmith Ball's application and the County Planning Dept.'s recommendation for this proposed change of zone, I strongly object to any such change of zone on the following grounds. General Description of Parcel Related to (Rez.98-27) This 10 app. acres is the finest example of pristine, ancient, diverse almost entirely native, mostly endemic, forest in Nanawale. )t is a portion of a KiPuka left from the 1840 app. lava flow which inundated most of the Nanawale area. It contains Ohia from 30 to 36 in diameter as a general overstory to Lama, Kop~to, the only Hame I have ever seen on this island, Maili, large patches of Iea Iea. In fact it contains the only example of a variegated Iea Iea that I have ever seen on any Hawaiian island. Countless ferns and fungi, along with well known medicinais such as Mamaki, Moa Moa and much more. This mature and ancient forest harbors Native Hawks and Owls. This forest also acts as a refuge for food for these raze birds, the mongese and rats mentioned in the Cazlesmith Ball report, are in fact some of the last remaining food source for these rare birds. Many more varieties of birds thickly inhabit this forest as the rest of their habitat is being slowly and surely eliminated by housing development. The slope of this azea is not as described by the Cazlesmith Ball report. It is in fact the leading edge of some ancient AhAh flow whidt consists of mini gulches over fourty feet deep. These gulches especially harbor the rarest and least disturbed of our endemic plants. These plants which require especially protected areas to survive in, include several Pepperomias and Cirtandras, tongue ferns, thirty foot tall tree ferns, and fifteen or more foot across Birds Nest ferns. I suggest that changing zoning here would create an irretrievable loss to the educational and enjoyment possibilities of all of the population of not only Nanawale, but an even greater surrounding area. Proper developmem could make these natural wonders available to all, including Pahoa School. The suggested change of zoning from Open to Ag: Rl, is in direct opposition with 1)The County Code: Division 16.0, Open Districts, Section 25-5-160 2)The Nanawale Estates Nonprofit Inc. Corporate Statement of Purpose: That is Article III -OBJECTS AND PURPOSES, this is a portion of Nanawale Estates' Articles of Incorporation as filed with the State of Hawaii. 3) My personal health, and others, dae to specific medical conditions which makes even minor exposure to common agricultural chemicals, especially fungicides, deadly 4) Mischaracterization of the land, as not containing significant historical, or scenic sites, or rare plants, and animaLv, ie. astive hawk and owL Reply to: County of Hawaii Planning Department Recommendation for Nanawale Estates Co. Change of Zone Application (Rez 98-27) from Barry Orlando, Nanawale owner resident, address 14-3555 Shell Rd. Nanawale, HI. Mailing: PO Boz 2156 Pahoa, HI.96778 (808)965-8522 2~ ~ a -c i9 by EXHIBIT 'd-.~ C ~ ~ - County Code: Open Districts THESE ARE SOME OF THE REASONS WHY THE PRESERVATION OF THE ORIGINAL DESIGNATION OF'*OPEN^ IS OF UTMOST DVIPORTANCE HERE. I quote: "The O (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. "General Welfare", Nanawale rnnsists of the smallest lots of any subdivision in Puns. An average lot is i/6 of sn acre. There are over 4000 lots in the subdivision. This is not only an urban setting, bat an already over crowded setting. The fact that it is not fully built oat yet, should have no bearing on the characterization of the subdivision. At thin point we must use as a premise that it will someday be built out, and that the Open zoned parala here now are absolutely essential to the welfare of everyone in such a planed overcrowded subdivision. General Welfare" is served by either untouched natural areas which contribute to the beauty, the air quality, noise quality and significant Native Hawaiian plant and animal refuges, or by a carefully planned usage which emphasizes these aspects of Open zoned land. Full Enjoyment" means some sense of gratification to all the residents of Nanawale. Subdividing this Iand or changing the zoning to anything other than Open would limit the enjoyment of this sceeic Isnd from presently thousands of people to the immediate families often people. Economic well-being of open land type use which has bcen established or is being proposed." The economic well-being of the surrounding land owners and community in general lies in the preservation of these Open spaces. Having such natural wonder of Native Hawaiian Ecosystems, within our subdivision enhances the value of all of our properties. Put together the enhancement of value of over four thousand lots even if small individually adds ap to a much greater economic gain to the community as a whole than twenty or so one acre farms. One acre is generally not considered enough by local farmers or the UH Horticulture Division as economically feasible for most any farming. I point out that Open space is the "established" use of this property. Open space is the use that was promised to the buyers of all current lots in Nsnawale and since these Iota are already parehaaed by individuals with the original promise of these open spaces as sn intrinsic part of the subdivision, their, (our) original choice of parchaee in tbis subdivision would be detracted from and in some cases negated by any change of zoning. "The object of this district is to encourage development around it.. " At4und. not within the district. Very importantly ~ to protect investments which have been or shall be made in reliance upon the retention of each open type use, to buffer an otherwise incompatible land use or district„.." Everyone I have spoken to in this subdivision, especially adjacent owners have ezpressed that they did buy adjacent to or nearby an Open zoned parcel for the specific reason that open apace adds to the value of their property. Since the majority of lower Pane is already zoned Ag. we need more than ever these buffer zones. Especially ors of aach Native Habitat quality. "».to preserve a valuable scenic vista or an area of special historical significance,.»" Carfm~ith Ball contends that this area is not listed by the State as of special scenic or hiatorfc interest. The State report referred to is very general and does not consider pieces of Is•d as small as these and is far from all inclusive of ell scenic and historic sites. Historic is ametimes misconstrued to mean "historic by human use". This land is of historic value by standards of preservation of outstanding remaining eaamplea of Native Hawaiian Ecological Systems. 2) The Nanawale Estates Nonprofit Inc. Corporation Statement of Purpose: "The objects and purposes of the corporation shall be to and maintaining.... as a desiryble residential community.... to do any and all things to promote health, safety and welfare of residents.» " This is an entirely residential community. Carlsmith Ball's coetmtion that there is a mix of residential and agricultural uses within the community is by and large false, except for one or two either failed attempts at agriculture or attempts that have been historically pressured ont of sack use by the neighborhoods complaints to the Nanawale Board and their historic backing of:discouraging land usage's which have bem annoying, disturbing and unsafe to the community at large. Farming is annoying, tractsn, bulldozers, tracks, spraying and operations beginning on typical farming hours, each as siz in the morning to sundown or later, are disturbing and unsafe to the community. 3) My personal health, and others, who suffer from speck medical conditions which make even minor exposure to common agricultural ehemicals, especially fungicides deadly. MY condition is Hepatitis-C, which requires even medically approved fungicides to be strictly avoided. These are known to be one of the greatest causes of further deterioration of a repatic liver. One must certainly include all cirrhotic conditions and lung diseases sneY as emphysema and others. As I have stated elsewhere these lots have already been boagkt by many people for the specific purpose of the naturally relatively clean air of a wholly residential subdivision. Under R zoning there are no set back provisions for the far®plants, or conditions for barrier zones. One acre in fact, is not large enough to even indude adequate barrier zones against wind carried sprays, noise, lights, eta In faM it has been adequately demonstrated that barrier plantings by and large change the wind pattern bat do not act as filters. They simply cause the drift to be dumped a little further away. A good reason why this fs a concern for the entire subdivision, rather than jest near by houses. 4)I believe I have adequately covered mischaracterization of the land as to topography and flora and fauna previously. CONCLUSION I believe I am among the majority in wishing to retain the quality of residential life here in Nanawale. I desire to retain the ability to wake to the songs of birds, rather than the sound of tractors, to breath the eaceptionaily clean air of this particular dense I~uka, and hear the sound of the wind in the trees. I believe my quality of life and the economic value of my property would be seriously devalued by any change in the Open zoned parcels in Nanawale. Revering Nanawale Estates' Open Spaces Will the owners and the subdivision loose value? )bFyw are among 534 Nanawale membas that have reedved letter from Carlamith BaH, the lawyers for lanawale Fatales CaInt., you may ant yet aaderatasd what the proposed change of zoning to three of our iagert space, now County zoned: Opea, vela mean to your individual parcel and to the wmmunity as a while. The County zone: Opm (6ivision 16, Section 25-5160) requirca preservation of the seeaic beauty, rcgnires educational or rceratioaal use, proteUs investmesb which have been made in reliance upon the re~fion of ouch Opw type see. Agriwltsrc is not among the permitted rasa. Nanawale Fatales Co.Ine. whhes to convert these areas into one acre Agriesdtare/Rl lob. Those of yon that Gave purdused lots, apaiaUy os the cull de saes, in these areas would be greatly atfeMed as new roads will be bulldozed behind year properties to gain aecesa W these "new lots." It a oar opinion that Nanawale Association and the snhdiv'sion n a whole, does not aced say more lob, but h does need to retain open space for the future. $ b ear anderatasding from sesearching the history of Nanawale that the Amides of Iseorpontion of Nanawale Aawciatioa Ire., (your corporation as a properly owner) states dearly that thin subdivision was nrmnt to be a "desinble residential eommaaity," (Sce Article III of this document; Objeeb and Purposes ) sad we should aspect the Board of Daeetors to protect these original promise of onr Articles of Iaesrporatlon. There 1s a strong reason to be convened that this request' for rczoaing on the thra 13 arse pareeb to agriculture, wW open Nanawale further to the Papaya Industry that wrrentlyu surrounding and tltneatmiag to engulf as. Sines the snooty hu already designated Nanawale Blvd. as the entrance to the Yanwai Papaya Experimental Station jaat below m on Bishop Estate leads, we now tau having commercial tsaBe catering the sabdivisioa. The Papaya Industry isdsdes use of many sprays of fungicides and }Midda, eight padcisg and heavy traelo using oar roads. This dmnge of wnlag wiH asaurc more frolic epiBieg over into additloaal residential pmts of the anbdiviaioa, as is already oecurrisg where several families arc ivieg and paddng on Forrest Road. !lease call Alice or Phyllis at the Plaoaieg Department' County of Hawaii for further information (808) f61-8288 . The uprnming date of the Zoning Hearing before the County Counei is on Feb. 19,1999 at 9:OOAm . Yon nll To Hazet' a Nanawale residet' at 808 965-9799. If you era a person who has bought your property in Nanawale with the Lion that the Open Zoned Parcels near you, would remain Open• please road below and return this form. I wish to point out that County Open Zoning statute requires that, it intention in buying, in Nanawale, is partially to preserve the view and tasral beauty of the show described spaces, sae letter from Toby Hazel, than: any change in these parcels' ouch ae ce, air and noise quality, and such as bulldozing, or spraying fimgicidea, inaeaticidse and herbicidea(in these areas there is no apace to d affecting near by houses], your objection will•in fact prohibit the ty council from approving that zoning change. If you agree with the above and do not wish the zoning changed from to Agricultural- Residential -1, which would permit the complete !dozing of this land, please sign below, identify your lot no. or nos., if can, and return this form to, Harry Orlando PO Box 2156, Pahoa, HI. 96770, /auvironmental aommittae ssember), to be presented to both the Nanawale Board the Hawaii County Council. I do not want the propoaad three, 13 appr cre plots, changed from zoning to Aq.-R1. I wish their t c soft' to be Preserved. Signed ' date /S' l~7 I do want these plots to be ahan from Open zoning t Aq.-Rl. Signed data Rasp in mind your statement moat reach us by Fab 12, 99 at the latest to be seated to the board and County before the hearing data of Feb 19,99. As respaneible board members, we must and welcome hearing from you, the members 01 Nanawal• Assoc. Ina. To make representative deaisiona. fold, ado stamp and Mail to: sorry Orlando EXHIBIT ~ ~ PO. Bo:2156 ~ ~ Pahoa, HL 96778 C 5 ~ ~ ;Rezohing~Nanawale Estates' Open Spaces ~066'~ By Toby Hazel ' ~ Will the owners and the subdivision loose value? ItyoP are imon~ 33/~NJtaawale membesYthat have rsedved Iettesa from Carbmleh Ball, the lawyer for Ntutitrfle Estita Co.Iae., you may sot yet uaderatadwhu the propwed ehsuge of zoning to three of our , b:rgat apacq, pow Coasty zoned:.Open, wN mesa is your individual parcel and to the community n ¦ • wholir. The County zone: opal (Divbbs 16, Sestina ~-5.160) requlra prtuervation of the scenic beauty, requireieducstloull or reeraUoaal we, proteca lavahaentt which have been made in reliance upon the cetmt{oa Open type we. Agritulturc b not a:srtg the permitted ma. Nanawale Estates Co.Inc. wb6a to convert these areal Into one acre AgrlculturetRl bta,1'hoae of you that have purchased lore, apedalty'oo.the eaU Ae ua, in these arena would be gently altated as new roads wHl be bulldozed behind 7ovr Propertla'to gala assns to these "sew bu." It b nor opinitlb.that Nanawale Auociatios sad the ' ' • sabdh+bfoa ~ # whole, dos sot oted say more bts,,batlt dod.dad to retain open apace for the future. ~ ~ T< b our,uuderataading from raeaeriing the hbtory otNasawak that'tbe Artiela of Incorporation of Nanawa1e AtwelaHon 1a5, { your corporation u a property owner) slats clearly that th4 fubdivbioa wu' meant tq be a~"desirable rptdeatlal community," (SecArtlple III of thb •documeat; Objects sad Purpose ) sad we should ezpxt the Board of Directors to proteM these original promises of our Artida of Iacoryoratloa. There b a strong reason to be concerned t6al this request, for reusing on the three 13 acre . ~ parcels to aYricaltwro, wW open Nanawsle further to the Papaya Industry that eumntty b surrounding and thtratealag to agulf uR Since the county has already designated Nanawale Blvd, u the atrasce to the Krtnwai Papaya ltxptn'imenhl Statloa Jost bebw m on Birhop Frtate lands, we sow face having commercial tnfnC pitering the wbdivbba. The Papaya Industry taelada uu of many sprays of tnagicida asd ' Pat~eid~s. night packing and Navy trucks using our roads:.Tb6 change of caning wW sours more traffic spd~isg over Into add~tlonal raidatial parts otthe subdivbba, u b already occurring where several families are Ilvln=asd packing as Forrest Road. Pistols t'atl Agee or.Phyllb at the Planning Departmat: Connty of Hawaii for further information (808) 961-g2g8. The apeomlog date of the Zoning Hariug bekre the County Council b on Feb. i 9,1999 at 9:OOAm . Y 017 . ma . t'ab T Hasel,'a Nanawale raldea4 at g0g 9ti3AY99.' ~ + ~ ' . • ~ • 'I>"''ildlt ar! a parson ttho has bought yo1r~' property in Nanawal• with rho azpaatiti,on that the Opon Zoned parools noar',you;., would remain ^ Open" ploaso road below.and return this form. ' ~I wish to point out that County Open Zoning statute requires that, if your intuition in buying, in Nanawale,•is partially to preserve the view and natural beauty of rho show deaaribed spaces; son letter from Toby Hazel, them,any ohanga in these paroels~ nosh as appiasanoe;.air and roles quality, and sash as bulldozing, or spraying lurigi'ai,tlas; ifiaaatioidaa and herbioideatin,•theae areas'there is no apace to ' ayoid.atf~otinq Hoar by housoal, your otsioation will in fast prohibit the Coui;tj/'coukail lrom approving that zoning change. 1If you agros with the above and dw not wish the zoning changed from Opin to.Agriaultural- Residential -1, w61ah would permit the complete ' butldozinq'of thin land, please sign below, identify your lot no. or nos., if You'oa??i: and,;aturn this form to, Barry Orlprido PO Box 2156, Pahoa, HI. 96778, (onvi.r0amtit{~al' aaaalttN awmbar) , to ba pr,~ialented to both the Nanawal• Board ~ atid'thi aswaii County Council. •'I sin not Pant the proposed throe. 13 approx. acre plots, changed Prom Open swiiaq to Aq.-R1. I wish their r t sbgnio beauty to be proaarvad. ' to7~t 2.75 ttiQnui ~ ~ ~ 'data L•I6 ~99 ' I do'waht those plots to be ohanyad fztdm'.Cpon zoning to Aq.-R3. . , 814nod date ' Kaep in oiir>fl your otatament must reaah,• na by.SOb 12~ 99 at the latest to bo ' :wanted to rho boasd and County before the•hoarinq date of Fob 19,99. Aa satiponaibla,boasd tambass, wo muat'and waloomo hoarinq from you, the mombera o! I7asawalo Aaaoo. Inn, 'To malro zvprosontativo dosisions. f01d;.addstamp~attd IVS811t0: BarryOrLndO PLEASE SEND US YOUR ' PO. Btu 2156 EMAIL AND OR FAX. Pahoa. Iff_ 96778 Rezoning NSIISwale )Hstates' Open Spaces B y Toby Haze 1 - ; ' ~ . , Will the owners and the aab{iivisian loose value? . " IIyN ate imodg 334E11janawak memberi'that have tecdved ktbas' from Carbmlt6 Ball, the lawyer for Nanatrale;Fsata CoJse., you may not yet anderstand,wbst tbeiproposed~hange of caning to three of our huger rpaeea; now Connq tuned: Opm, cam mean to your iad(p~dual parcel aad to the wmmuaity as a whole. Iihe Connt~ zones Opm (Dlvbion 16, Section 25.5.1ti0~,~ requires praervatfoa of the ecmie beauty, regaiw'ednntioaal or reervaHoaal ace, protects Lrvatmeab ~whicb have bem made iu rclhrace upou the nttmtioa of isch Opm type ate, Apiculture b not among We p~milted user. Nanawale Potato Co.Iac. ' wLha to ooavert these areas auto cue acre AgrieulturdBi bb. These of you that have purchased lob, a~eeLa, m tLe ei+3 de saes, io these area wosid be peatlX }~'eeted.a uew roads wW be bulldozed behind Tar prepertia to,gain aeeea to these "new bb." ;It 4 osQ opi4ioa'that Nanawak Assoeiatioa and the ttidfrYisa u a whale, does not need any more bb, bat it does need to rcttds opm space for the future. k i av nndetstanding Gam reteatshing the h4tory of Nmtawak that the Artkla of Incorporat[oa of ' Nauwak Aswciation Ire., (yoar earpontion n a property owner) states clearly tbat fhb subdiviaiou wu meant to be a "desinhk rahimtial rommunlty," (Sce Article III of thb docummt; Objects and Purpoaa ) ' asd•we should a:pact the Board of Dltactod to protect these original prombes of our Artidea of Iteasparatbl4 Thee 4 t strong reawn to be concerned twit thL request, for rczoniag on the three 13 acre P~ m apiculture; cam opm Natawak farther, to the Papaya Ltdustry that enrrcntty b surrounding and tYnwteaLg to'mgulf as. Sines the County ho already desiSoated Nawwak Blvd. u the mtranee to the i Kanrd~Tapaya Eiperimental Station jest beknr as ou Bb¢6p Fstate hinds, we now face having commercial tMk mtering ffie ssbdivbioa. The Papsya Indutby inehrda iye of.many tprayt of fnngicida aad peAkida, night pad¢ag aad heavy trucks using our roads.. Thv'ehasge of zoning will asturc more traffic . tpi~og ores into additional raidmtial parb of the snbdiv6ba, oa b already occurring wberc several families are ~ and parJdng on Farrar Road. ~ ' ~ "'P Pkne rio,AHa' or Pby1W at the Pknniag Departmmt; CouRty'o(~ Hgwall for further information (808) ' 9tilis>p S Thenpeomisg date of the Zoning Hmrlsg bolero tb! Mt3oirdty ComcH b on Feb. 19,1999 at 9:OOAm YOO oaf To ~ Hasel, a Nanawale raWmt, at 808 9t;S979t1. 1t you ors a parson who has bought your property in Nanawale with the aspaat;atlon that the Open Zoned Parasls rwar you, would remain Open" please rod below and return thin loan. I'wish'to int out that Coup Zonin statute r Do ty,Opsn q squires that, it _ iutrtrrtioa i.a buying, in Nanaxal~, is partially to preserve the view and ' nattisal'bsaut]f ~ rho above dasaribsd apzass, sss latter !rein Toby Eiazsl, - thani atrY_ahangs'in thss~ parosls~ anah as' • appeiaratras, air and noise quality, and ouch as bulldozing, or spraying lmrgiaidsa, inasaticidos and hsrblaides[iti those areas there is no apace to . awid''uttoatiirq Hoar by houps], your objsation will in Tact prohibit the Coaaty aounail Tram approving that zoning change., Yf~ you agree with the above anti do pot; .wish the zoning changed from Opsh tio'2igriaultural- Residential -1, wlriah would poxmit the complete Aq 'ot this land, plsaas sign ~belbw,' itibirtify ,your lot no. or nos. , if mr}y and,rsturn this loan to, Harry~Orl;tpdQ,PO 8oz 2156, Yahoo, HI. 96778, . ' (etrvizoninstrtal aClmM1ittN mambas) , to ~s, psti'ssn~sd' to both the Nanawala Board and the Hawaii County Council. T'do not want the propoaod throe 13 approx. acre plots, changed from Open zoning to Aq.-Rl. I wish their nt•s i au to be res ryed. • . 8lgnsd I?/~dats s't- ]~i~/Gj _ . ~ ~ I .do .xairt !bass pleb to bs tram Open zoning to Aq. -R7. ' " i ~ , . Signed data Kaa`f ),n' mind yoar atatottant must se~aah to _i by Bab 12, 99 at the latest to be pswaRtad't:0't:IM board and County:bsloro the haarinq date of 8eb 19,99. Aa swypearaibloi boasd mambora, ws must and wolaomo hearing !rein you, the members o!' Hasaxals Assoc. inc. To make rsprssentatiw dosisions. f0ld,edd'St8tnpead IV181jto: BSFr)'OTI81ld0 PLEASE SEND US YOUR PO.BOIZYSti, ~ EMAIL AND OR FAX. ' Pahua, HL 9b7'Z~' ,..a .uindo sox 2156 :whoa, Hi. 96778 (808)965-8522 Marsh 2,1999 Vlrgmla Croldstem County of HI. Planning Com. Drr. 'oq o Subjer~t: Nanawale Zoning r t,' My questions are: ~ ~ . , . . . ~ 1) We have ac;knowlcdged the wnllid bctwecn the State Iund Use Commission, Districts and Hawaii Co. Zoning code here in Nanawale. 2) You made it clear in the Feb. 19, Zoning Board Meeting that State Land Use Commission, District uses supersede County Zoning. Am I wrrect7 3) Does this not make it clear that the Cou~.y cannot approve an agricultural caning within a State Land Use District of Urban, or is there something here which is still not clear to me7 If there is something not clear please provide me with the chapter and crxie of either Co. of Hi.Codes or State of Hi. Codes. which explains this situation. It has been suggestrd by many involved now that perhaps the timing is right to bring Co. Zoning and State Land Use Commission concepts into agreement, rather than pushing them further apart. This suggests to me that the appropriate usage here is residential. We sent out a questionnaire to as much as the general population (owners in Nanawale) as possible and are receiving a one hundred perrxnt response in favor or retaining open spxe;e with natural forest, as well a Open Zoning. Awaiting Your Reply c~c.~O-rl~nndo~ Membdr Nanawale Ewlogical Committee PS. Since this caning change that is being requestexi is to Agricultural, than the 500 It Agricultural caning distance, zoning change notification requirement, must be applied here. The meaning of the code is not what zoning is in phrce now, it is what is being asked fur, and since we acknowledge the conflict between Co. and State interests here, the common legal rule is to apply the sKricter of any two such goverruneat requirements. I request that Carismith Ball be required to notify within 500 R. of all three parcels being considered, since Agriculture is the proposed usage. EXHIBIT 041a'1`~'~ C~ i".°~ Virginia Goldstein Strphen [G Yamashiro ~9 Di2cmr Maynr ~ Russell Kokubun • - Deputy Dirccnn •'M M•~ ~IIitri~1 D~ ~IfU?iIt PLANNING DEPARTMENT u Aupuai Stree4 roam 109 • wlo, HawaB 9672D-4252 (808) %1-8288 • Fa: %1.8742 March 12, 1999 Mr. Barry Orlando P.O. Box 2156 Pahoa,HI 96778 Dear Mr. Orlando: J Change of Zone Applications Nos. 98-27, 98-28, 98-29 Applicant: Nanawale Estates Co. Subject: Land Use Inquiry TMK: 1-4-47:87 1-4-59:77. 1-4-76:3 8 This is to acknowledge receipt of your letter dated March 2, 1999 requesting clarification on land use issues with respect to the change of zone applications for the abovo-mentioned properties. The Nanawale Estates Subdivision is situated in both the State Land Use (SLU) Agricultural District and the SLU Urban District. More specifically, the division between the two districts is on Lehua Road between Kehau Road and Seaview Road east to the end of the subdivision, and between Lehua Road and Hawaii Road west of Kehau Road. Lands situated above or north of this line, roughly located on Lehua Road, are within the SLU Agricultural District, and lands situated below or south of this line are in the SLU Urban District. Within the subdivision, all parcels in the SLU Agricultural district are zoned Agricultural (A-la) by the County. In the portion of the subdivision in the SLU Urban District, there are parcels zoned A-Ia as well as those zoned RS-10 by the County. The A-Ia Iands are located between Oahu Road and Lehua Road, and all Iands east of Hapuu Road to Lehua Road. The area zoned RS-10 is located south of Oahu Road and west of Hapuu Road. Within the SLU Agricultural or Rural district, the County zoning must be consisterrt with uses permitted under Chapter 205 Hawaii Revised Statues (HItS). Further, Chapter 205, HRS provides sole jurisdiction for Iand use to the various Counties for lands situated in Ehe SLU Urban district. Therefore, the County can entertain change of zone requests to a County Agricultural ~r~. lJ Imir. Barry Orlando Page 2 March 12, 1999 district within the SLU Urban district, as the County has sole jurisdiction of designating land uses with the Urban district. We have attached a copy of Chapter 205, HRS for yow information, and highlighted the applicable sections pertaining to yow inquiry. According to the Hawau County Zoning Code Chapter 2S, Article 2, Section 25-2-4 (a)(1) and (2), a copy of which is enclosed for yow information, and as previously explained by staff , "notice shall be served to owners and lessees of record of all lots of which arty portion is within 300 feet of any point along the perimeter boundary of the building site affected by the application if the building site is located within the state hmd use urban or rural district." Tax Map Key Nos. 1-4-47: 87 and 1-4-59:77 are located in the SLU Urban District, and therefore, notiScation is required to property owners within 300 feet of the subject property. The applicant has notified land owners within 300 feet of their property. Tax Map Key No. I-4-76:38 is located in the SLU Agricultwal District, and therefore, the applicant is required to notify surrounding property owners with S00 feet of the subject property. Please refer to Chapter 25, Article 2, Section 25-2-4(a)(2) for clarification. The applicant has notified land owners within S00 feet of their property. You have indicated in yow letter that the "appropriate usage here is residential". As explained to you when you picked up the State Land Use Boundary Amendment form, in order to rezone the entire subdivision into a residential zoned area, for the portion of the subdivision in the SLU Agricultural district, a Generai Plan Amendment from Orchards to Low Density Urban, a State Land Use Boundary Amendment fivm Agricultural to Urban, and a Change ofZone from Agricultural to Residential would be required. For the portion of the subdivision in the SLU Urban district zoned A-la by the Courrty, a Change ofZone from Agricultural to Residential would be required. Please review the appropriate application form for further information Should you have arty further questions regarding this matter, call Phyllis Fujimoto or Susan t.ragorik of this department at 961-8288. \Si(ncerely, v t ~ VIR~G~VIA TE Planning Directo PF:gp n cw~.va6o~hyu;suartanot.~ Enclosures aar. sar<y orianao Page 3 March 12, 1999 c: Planning Commission Steven S.C. Lim FROM: TOBYHAZEL MARCH 10,1999 RR3 BOX 2298, PAHOA, HI. 96778 TO: COUNTY PLANNING DEPT. 8c PLANNING COMMISSIONERS & COUNTY COUNCII. = 1 ^ h RE: THE RELATIONSHIP BETWEEN THE KAHIJWAI PROJECT AND THE NANAWALE " REZONING,98-27,28,29 - v ~ ~4~ % I . THIS IS A REQUEST FOR A RULING AND ACKNOWLEDGMENT OF THE IMPACT OF THE KAHUWAI EXPERIIrffiNTAL PAPAYA PROJECT ON THE NANAWALE ESTATES SUIDMSION, THE PROPOSID REZONING APPLICATIONS, AND THE USE OF COUNTY AND PRIVATE ROADS WfITIIN THE NANAWALE SUBDMSION. THIS IS A REQUEST FOR THESE ISSUES TO BE RESEARCHED AND CONSIDERID AND INCLUDID IN THE AMENDID COUNTY PLANNING BACKGROUND REPORT TO BE AVar? am t: ONE WEEK BEFORE THE NEXT PLANNINO COMMLSSION MEETING NOW SCHEDULID ON APRII. 16,1999. 'PIIlS REQUEST ALSO ASKS THAT THIS INFORMATION BE ADDID TO THE ORIGINAL REPORTS ON REZ 98-27,28,29, AS PREVIOUSLY REQi]ESTID. THE FOLLOWING SHALL BE CONSIDERID l.hapact is not just an issue of 300 fxt, it is a matter of overall COMMUNITY PLANNING, whw STATE, FEDERAL, and COUNTY FUNDS are being used m crate a major agriouhunl industry that affects the entire area, bite the GEOTFIERMAL PROJECT. Z.Bishop Estate has determined that thry wrll not allow eery intermediate paclciog fsalities on their leased (ands, thereby opening up the proposed retuned areas of Namwale to commercial agriarlhrce use, in direct conflict with the articles of inwrporation and the bylaws of the Namwale Assoc. and the original promises and imemions of the devebpas of Nanawale Coop. 3. The eamsidtant hired by the County for Kahuwai project report designated Nanawak coumy roads as the thoroughfare from Kahuwai , ukimatdy to the Keaau papaya pecldog facility. This route of destination determines the need for this entire project to be consdaed as m impact on the whole of the Naoawale Subdivi§ion. 1~ 4. The ultimate production of all two thousmd acres of fire Kahuwai Experimemal Papaya Project must be used as m ~ the standard for determining impact ~ the aurormd'mg area. = U X Cc. W ~C = ,~la~~ 42 ~l~nrnr i m~:ssla ~'t7un~ y Co vn,~cc.~ K l~ r~°'e4~ Aaron Chung, Chair ~~a ""r` C~~rl j!Q~yr~w. Nancy Pisicchio, Vice Chair 17~ ~ Letlingrad Elarionoff, Member f 2d''~~ / , Julie Jawbson, Member ~~~Lts j'yij /~OSG~.(/' Bobby Jean Leitheaa-Todd, Member Al Smith, Member ' Ctrrtis Tyler, Member TC~^=:~-o., ~ ~ .Dominic Yagong, Member C C (_...'[c...~,L P~~.. ~o~,a,~ ~ James Y• Atakaki, Ex-Officio Member *'Se.~ _ Virginir Goldstein Stephen K. Yamashiro ~ Y' Direct:,r Maynr Russell Kokubun Deputy Direcan ~~M N'~ ~CLIIlt~~1 1T,I. ~ttfUUtIC1 PLANNING DEPARTMENT s wup~w sneer, Boom ros • n...u %73o.4ssz (808) %1-6388 • Fa= (LOB) %I-8742 March 16, 1999 Ms. Toby Hazel P.O. Box 2298 Pahoa, Hawaii 96778 Dear Ms. Hazel: Change of Zone Application Nos. 98-27, 98-28, 98-29 Applicant: Nanawale Estates Co. Subject: Demonstration Papaya Quarantine Program at ]Zaltuwai and Nanawale Rezonings TMK: 1~-3:11, 12, 25, 28, 30, 31, 32, 33, 34, 35 and 36 (Kahuwat) TMK: 1-4-47:87. 1-4-59:77. 1-4-7638 (rTan le Berates o Ch n¢ . of .on 1 This is to acknowledge receipt of your letter dated March 10, 1999 regarding the relationship between the Demonstration Papaya Quarantine Program at ICahuwai, Puna, Hawaii and the abovo-mentioned change ofzone applications. According to the Department of Research and Development, the Demonstration Papaya Quarantine Program (hereinafter called the "Project7, is under the d'vection of the County Department ofResearoh and Development (R&D), in cooperation with the Department of Agriculture (DOA), Research Corporation of the University of Hawaii (RCUH), and the College of Tropical Agriculture and Human Resources (CTAHR). Although approximately 2,145.54 acres of land are earmarked for the Project, approxhnately 600 acres will be utilized for the planting of papayas. The remaining area will not be disturbed and will serve as a buffer from - other papaya planting. The Project is intended to demonstrate that papaya ran be grown successfully under severe papaya ringspot virus (PRA pressure by following strict disease management protocols. Although a Draft Environmental Assessment (DEA) was prepared, the Office of Environmental Control, per fax memo dated October 8, 1997, deemed that the Project was an exempt class of action, as it involved "basic data collection, research, experimental management, and resource t9 \ri ' z '~''1~ _ , 'Ms. Toby Hazel Page 2 March 16, 1999 evaluation activities which do not result in a serious or major disturbance to an environmental resource." (See Exlu'bit A) Further, according to R&D, the planning consultant hired to conduct the DEA was funded by the RCUH, and not the County. In reviewing information from the DEA in our files, we note that Kehau Road was indicated as the access road to the Project. According to the Department of Public Works, Kehau Road is a County roadway, and restrictions as to the use of the roadway cannot be placed on a public roadway. The Project is located north of the above-mentioned d~ange of mne applications, and is not adjacent to or within the immediate area of the subject applications. The Nanawale Forest Reserve, in the State Land Use Conservation district, is situated along the northern and southern boundaries of the Project. The Nanawale Estates Subdivision is situated along the southern boundary on the mauka or southern end of the Project site. The Project is located on lands situated within the State Land Use Agricultural District, the General Plan Land Use Pattern Allocation Guide (LUPAG) Map for the Project is Orchards, and the County tuning is Agricultural-Sa. Therefore, the Project is a permitted use under these guidelines, and is a separate issue from the three remnings under consideration for the Planning Commission Issues involving the articles of incorporation and crovenants of the Nanawale Estates Subdivision are a civil matter and not under the County's jurisdiction Therefore, the County is unable to enforce private wvenant restrictions. Please consuh the Nanawale Community Association for assistance. Please contact the Department of Research and Development at 961-8366 for further information about the Project. Should you have any questions regarding the change of mne applications, call Phyllis Fujimoto or Susan Gagorik of this department at 961-8288. Sincerely, V1R~GI~IIA GO STEIN Planning Director PF:gp fwpwin60~phylliaVhazel0l.pld 'Ms. Toby Hazel Page 3 March 16, 1999 c: Planning Commission Dept. of Research and Development (Margarita Hopkins) Steven S.C. Lim ' CARLSMITH BALL ' ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE - , - - „ r,,;,.i r~ r.~ POST OFFICE BOX 686 ~ ~ ` ~ HILO, HAWAII 96721-0686 ~ ~ ,.,..~I.,~~ TELEPHONE (8081 935.8611 FAX (808) 935-7978 W W W.CARLSMrtH.COM OUR REFERENCE NO. 037374-3 March 11, 1999 Mr. Barry Orlando President Foundation for the Preservation for 'Hawaiian Native Ecology P. O. Box 2156 Pahoa, Hawaii 96778 Re: Nanawale Estates Company -Change of Zone Requests (REZ 98-27. RE 9 -2 -2 Dear Mr. Orlando: This will acloaowledge receipt of the proposal by Foundation for the Preservation of Hawaiian Native Ecology (attached) that the above three Nanawale Estates Company rezoning requests be deferred, and.that the three parcels (1) remain zoned Open, and (2) be conveyed to the Foundation to assume responsibility and liability for the maintenance of the land to "enhance the educational qualities" of the forest. Your submittal indicates that the Foundation is a non-profit corporarion with "papers in process". As we discussed earlier, although my client Nanawale Estates Company is open to any reasonable proposal, we would not be able to defer action on any of the three rezoning requests unless and until we receive a concrete proposal showing a tangible benefit to my client for deferral of the rezoning requests. Additionally, we would also require that the Foundation prove its non-profit corporate status by sending us copies of your incorporation documents stamped by the State Department Commence and Consumer Affairs, and your Federal EIN. EXHIBIT C8 4u21 °5 Mr. Barry Orlando March 11, 1999 Page 2 , Other than the fact that Nanawale Estates Company would no longer have to pay real property taxes and Nanawale Community Association lot assessments following conveyance of the three lots to the Foundation, there is no ' other specific benefit to my client that I can glean from your proposal. Although the goals for the Foundation's use of the three Nanawale parcels appear laudable, there is no specific funding, management plan, Iiability insurance or feasibility study to support the proposal. There also appears to be no provision for the conveyance of the twelve acre school site to the Nanawale Community Association, as proposed in our rezoning requests. I will pass on the proposal to my client, with a copy to the Nanawale Community Association and the Planning Commission for their review and comment, if any. Because there is very little detail or specific action noted in your proposal, a response may not be issued by my client at this time. As we discussed previously at the community meeting on these project areas, it would be difficult for my client to respond to your proposal unless it contained specific information and a definite plan for action. If you manage to obtain more specific information to support your proposal, I will be happy to pass that on to my client. If you have any other questions, please call me in Hdo at 935-6644. Very truly yours, CARLSMITH $ALL ~i.~ Steven S.C. ' SSL:bny 2007118.1.0373743 Enclosure cc: Ruth Haddaler - Nanawale Community Association (w/enc.) Nanawale Estates Company (w/enc.) Planning Commission, County of Hawaii Foundation for the Preservation of Hawaiian Native Ecology P.O. Box 2156, Pahoa, HL 967'18, (808)965-8522 March 8,1999 Carlsmith Ball ATTORNEYS AT LAW ' 121 Wainuenue Ave. ~ i err Hilo HL R_i.~..v~iJ nn~q t iJ (80835-6644 The Foundation for the Preservation of Hawaiian Native Ecology proposes that the three Nanawale Parcels under review remain Open zoned as per the original intent indicated by the developer, Nanawsle Co. ,Inc. We believe these parcels represent their greatest, educational and economic value to the community in their current forested condition, under proper experienced management We further propose in the interest of Nanawale Community Association, the community st large and community education in general that The Foundation assume responsibility and liability for these parcels. The Foundation would maintain and preserve, and do whatever necessary to enhance the educational qualities of this forest opportunity. 1. We would use our resources, both managerial and scientific, to put in place s workable management plan. 2. We would get funding and other resources from private donors, grants and philanthropic organizations. 3. We would insure the properties sufficient to assume complete liability. 4 We would make improvements necessary to maximize educational potential, making it handicapped accessible and cresting safety facilities including walkways and rails where needed, and appropriate signage. Work would proceed as funding comes available. We have been pledged support by other community leaders, e.g. Ginny Aste, also Mike Robinson of Hawaiian Forest Industry Association. We would welcome during planning stages the participation of NC Inc. and Naaswale community members. If required, monetary compensation to NC Inc. would be arranged contingent upon receipt of donations. We are hoping for your cooperation with the Nanawale community and The Foundation, for the benefit of all parties, in creating this educational opportunity. For The Foundation, Barry Orlando Foundation President Foundation for the Preservation of Ilawaiian Native Ecology, (non profit Inc.) [papers in process] Successfully conducting projects since 1988 Officers of the above Foundation, here in after to be called The Foundation: President Barrv nrlando 965-ss22 Vice President Tolrv_Hazel 965-9799 Treasurer Andv Kier 965-(+56d Secretaryv Leif Erickson 965-8522 Statement of Purpose 1) To preserve Open zoning in areas of special ecological significance to native Hawaiian ecology. 2) To create uniquely native Hawaiian ecology parks for public use. 3) To create educational facilities within these parks for all cultural study of ecology, culture and the arts, sciences esp. ethnobotony. 4) To honor the contributors to the above endeavors. BYLAWS I) A quorum of the board shall be, all members must participate in a vote on Board matters, proxy votes are acceptable, personal presence is not necessary as long ss the board member not physically present agrees that she or he has been fully included sad informed in the decision making process of information and discussion. 2}Board ileetings will be held as deemed needed. 3k1ll decisions of the board require a two thirds majority vote to become official board poGey. . 4) Current Board Members shall hold a voting position on the board for so long as they shall desire it. 5) Elections as to which position is held by what board member shall beheld, every two Y~~ 6) The Board may be ezpanded as to voting and non voting members by a unanimous vote only. In the case of Nanawale, Article III of the Articles of Incorporation of Nanawale Residential Association Non Profit Inc., this article would be adopted as part of our specific purposes for that project. A project committee of The Foundation would be created to include other members of the community on its board, such as a representative of Nanawale Association Board of Directors. The Foundation does solicit donations and funding througl? government, and private grants. President: Barry Orlando Vim President: Toby Hazcl Treasurer: Andy Kier Secretary: Leif Erickson Resume: Barry Orlando PO Boa. 2156, Pahoa, HL96778, (808) 965.8522 Education: University of California, Riverside 1963 -1964 Major: Art History University of California, Berkeley, Calif. 1964-1967 College of Environmental Design. Job History: as relates to environmental work in Hawaii. 1988-94 Sierra Clnb Political Committee Chair 1990-1991 Stuart Marks for Gnilot Construction and Design. Bay front SMA application and ezecution of native plants restoration and walking path, in front of what is now The Bay Front Clinic. 1991-1992 Belt Collins Hswau, Hoa. HL Contracted study of previous assays of native plants appropriate for native plant landscape plan for the Geothermal well now in operation. 1992 Obtained Arbor grant from the Four H and began native tree planting project at Pahoa. This is ongoing and has inspired much further planting at Pahoa school The sccond year of beginning the project Pahoa school was commended by the School Board as best landscaped school 1991-1996 Resource Management, owner Michael Robinson. In approaimately 1991 Mike obtained a 530,000 grant from Global Relief and US Forestry to improve the bird habitat at Hakahta National Wild Refuge, at 6000 ft on Kilauaia, the Big Island of Hawaii I contracted to help in the visualization of the project, from topographicai considerations, seed gathering on the site, developing planting techniques. Then, organizing volunteer groups of ten or more capable people. I drew from organvatioas all over the islands, such as Nature Conservancy, and Sierra Club, local schools, clubs and many more. My responsibility was to gather ten to twenty groups of these teems each aeason, organize the planting and seed picking schedule, and lead the groups in the field. Project very successfully completed, 150,000 + native trees planted at end of project 1995 Out Door Circle ,participated in a committee headed by Andy Kier, who obtained a 54,000.00 grant for a landscaping project outside of Pahoa town high way entrance. This project had its successes, and we are willing to admit that it became a lesson in the need to plan adequately to "maintain management" of projects. RESUME 1'OBY S. HAZEL. La.C R.R9 BOX?298 PAHOA, HAWAII, 96778 {808) 905-9799 FEBRUARY 1949 EDUCATION: Syracuse Urriversity, BFA, 1965 Cumrociiovl CuDt~t: School of Dwrcx,19ti6 Amerasian hlvdtute of Oriental Medicine, Licensed Acupunctuost, 198ti Uruvusily ufHawaii, Iir1u, 1995-1999, Currtuum~ Ed, Hnwaiisar Studios WORK EXPERIENCE: The Enchanted Tm, Intmtatiottal MarLet Place, 1982-1999 Oycaer and Manager of Metaphysical ConstilfQrg Bnsaress Pahoa Substance C3inic.1997 Acupuncgmst ErrvirrmruWd Art Slww, Wtulun Art Curtis, 1493 Artist and Orgarriur Sever Bib Leland Schools, 200 ChrldrerJ150 foot mural COMMUNffY CONTRIBUTION: Purm Outdoor Cinilc, 1992-1495 Fotmder and Education Committx Seed Money. 55,000 SWIG Fuuralatiurr ufCulturc: mrd Arts, l99d Pahoa School Sculpture 550,000 Vacvtiorrhaul PuIIuliurr Study, 1942 R.C~D. 52.500 hand, Cs. c3atdct Lot,1978 SWari Strcz:t, Ch0rhui s Prujocl Craaf~, vahre: 530,000 VITA OF ANDREW C. KIER 13-3354 Luaoa Street, Leilani Estates, Puna, Hawaii -Presently at Pahoa High and Intermediate School. Part-time teacher, Science and Letters -Board member Puna Outdoor Circle: volun6eer at Earth Day events, forestry and agriculture fairs, numerous planting projects in Puna, ]roa planting and seed gathering for Hakalau area reforestation (two seasons) and other Sierra Club activities, clean-up at Puu One and lower Puna park areas, survey for Nanawale nature trail, Miconia task fora, programs on Hawaiian native plain protection, and herb gathering, propagation and preparation -3/89 to 9/91 Forestry&Fisheries info gathering, Klamath River (Ore/Calif) Restoration Plan (conh'act funded by HR 4712, administered by USDI Fish&Wildlife Service): interviewed agency persotmel, tnbal representatives and mer groups; met with planning committees and task fora members, onsite forest and stream damage assessment and improvements survey -2/89 to 9/89 Environmental Assessmem survey and document preparation for proposed hydro- electric projects. Huna Totem Corporation, Hoonaw, Alaska -6/88 to 2/89 Forest site planning. private timberland surveys and document preparation, Jackson County Planning Commission, Medford, Oregon -3/88 to 6/88 Project Site Evaluation: Native plant surveys and search for listed sensitive species(a3 MtAshhutd Ski Resort (Ski America Corp., Ashland, Oregon) to 9/91 Threatened and Endangered plant survrys and habitat assessmer on >20,000 acres Siskiyou, Winema, Umpqua and Rogue River National Forests (Ore/Calif) USDAFS contract #43-04N7-8-745 et al -9/87 in 2/88 Sensitive Species inventories ofbirds, mammals, reptiles and forest vegetation on 2000 acres of old-growth forest, Hmnboldt&Del Norte w.'s (CH2M Hill, Redding,Calif) to 1/88 Land surveys, boundary and corner location; site assessment; flora/fituna spp. inventories, 1100 acres Lake Creek headwaters (Thomas Wilson Associates, Eagle Point,Ore) -1986-87 Expert Witness appearances involving toxicology (Baldwin&Baldwin Attorneys, Midiand,Texas), forest site evaluation (Headwaters, Inc. Portland,Ore) and timber theft (Medford; Ore). Judgemem for client in two out of three cases.. -1986-87 Environmental assessment for hydroelectric projects on Lake Mountain, Little Grayback and South Fork Deer Creeks (Josephine Co. Oregon) and Kekewaka Creek (Hrmiboidt Co. California) including scoping, data acquisition and processing, preparation of draft and final environmental statements -1973-85 Forestry Technician, Rogue River (Oregon) National Forest: Contract Administrator forpre- and post -harvest activities, including timber stand examinations, T&E plant and wildlife surveys, slash disposal, tree planting, thinning and release -1972 Instructor in Environme~l Science (Rogue River Community College, Grants Pass, Ore) -1%7 Masters Degree in Field Biology, University of California at Santa Barbara -1960 to 1970 Fish & Game Biologist, Califernia Department of Fish and Game -1964 Bachelors Degree in Zoology, University of Catifornia at Santa Barbara Resume: Leif Erickson February 5,1999 19565 Campus Laboratory School, Stevens Pt., W7S. 1967-71 University of Wisconsin, Madison . BS in Biochemistry 1971-72 University of Wisconsin, Madison. Ma. Biochemistry 1972-76 University of Arizona Bs Astronmy 1979-82 Employed by Eli Lilly And Co Study Break down andTraasport of Know andUnlmown Plants Countries Ittvestigated South America Columbia Egadoer Brazil Africa Uganda Island ofMadgasgor Zaire All plants put through a gas chromatagraplt 86-91 Supervise and maintain 23 miles of walking trails and 121 miles of roads for Paradise Hhi Hanalike. NANAR~ALE COMMUNITY ASSOCIATION, INC. RR~ BOX 2250 ~ PAHOA, HAWAII 96778-9703 ~ TELEPHONE (808) 965-8080 1 Working to keep Nannwak Nm Big Isbnd} mort beautj(ul community. ,~'J n ' l~~ ~'ia-t-e~~ G, / x`19 1 ~ . February 9, 1999 Nanawale Community Association Boazd of Directrns Monthly Meeting Scott Gaston moved that the Attorney and/or the Council assure that all lots resulting from this rezoning follow the restrictions delineated in the Declaration of Protective Restriction, Conditions and Reservation For All Units in the Naziawale Estates. Scott Gouker seconded the motion. Motion opened for vote with following results. @YE. NAY u~~~~6~,T5IBE. uL~~/~ ' Ruth M. Hadaller, Pres. ` ~~/~%~nf~ '~1~~ Mary Alice Ogleton, Vice Pres. t/ .~.y~ / ~n Diane Hultman, Secr. ? a / / lll••~~~~.X~~[[[,~ / t~ / Albert Kualii, Treas. ~A~:C. Mary Lou Beazdsley, Director Linda de Souza, Director ? • ~~~%~/~j"~G(~Gi, Scott Gaston, Director 1~ ~-a Scott Gouker, Director ? % G "'c.~.t Joseph Mathieu, Director i ~ ~ ~ ~ ~ ~ .e ~ EXHIBIT , ~ ~ ~ J From: Romain (Doris) Giqer RR3,Box 2310 Pahoa,Hawaii,HI 96778-9737 ~Oq °y 1. i ~ 1 L~ I To: Planning Commission ~ ~ County of Hawaii 25 Aupuni Street Hilo,Hawaii,HI 96720 Ref.: Change of zoning Applicant: Nanawale Estates Co. Planning Commission: We are unable to attend the meeting scheduled for April 16th. due to unforseen circumstances. Our position towards the re-zoning is as follow: biy wife and I are against any re-zoning of the land in question to anything but R1 and not less than 1 ac ..lot sizes with no commercial agricultural activities whatsoever. This is what they promised uswhen we bought the lot in the 70's. We paid $ 6050 for the lot then.Worthtoday approx.$3000 We build a modest home and are living therefor most of the time since 1987. We are including two attachements: 1. Nanawale Estates,"The Paradise of the Pacific" 2. Declaration of Protective Restrictions,Conditions and Reservations. (partial) sig. ^~f^~`N ~„~,Q~l Romain G. G(iJgeQQr Doris T. Giger (Residents of Nanawale Estates), EXHIBIT G 10 002'55 _ec:a~. f ]rc tect i-re ..'.e attic Lions, Cc tiors and~Ra servaticrs For Unit tio. 3A :Canawale Estates 1610 - 28th Street, Bakersfield, California RNOW ALL MEN BY T?-.aSE PR~SENTS: That the undersigned, JGF,N E. DUFF, E. C. MAZZIE, FRANK GOi,DMAN, and DONA~J C. IG;NDALL, as General Partners of NANAWALE ESTATES CO., a limited partnership, are owners in fee simple of all that certain real property situated in Puua, Funa, County of Hawaii, and more particularly described as follows: All that certain parcel of land (being a portion of Royal Patent 7788, Land Commission Award 8452. Apana 15, to A. Keohokaole, being also portions of File Plar. 644 and File Plan 780) situate about 8,300 feet northerly from Pahoa Kapoho Main Government Road at Puua, in the District of Puna, County and Island of Hawaii, State of Hawaii, comprising lots one (1) to Five hundred and eighty (580), inclu- sive of the tract of land known as the "Nanawale Estates Subdivision, Unit 3A", as shown on the Nap thereof filed in the Hureau of Conveyances at Honolulu as File Plan No. 996 and containing an area of 154.171 acres. That for the_~urpose e__ fregulating the im rovement, uses, occupan mair.- tenanc~ sa?,3- roc oof Ian~a uni~'orm plan o c~i~ions, rest ons an re- serves ions as een a op e o e impose an m ine upon t e su secuent owners. the irTeirs and asst s, of each and ever arcel thereof, which conditions and re- str coons are ere y ec are o e as o ows: I. USES OF FRCF'RTY A. Except as otherwise herein provided, all lots in the tract shall be known and described as residential lots and shall be use zor singe amt y real ence purposes on y. B. Exceptions: 1. Lots numbered 453 to j28, inclusive may be used for multiple family or residential income purposes. 2, Lota numbered 62 to o~:, inclusive, 81 to d3, inclusi~re, 301 to 306, inclusive, 384 to 386, inclusive, 419 to 421, inclusive, 574 to 978, inclu- sive, may be used for business, commercial anc mercantile purposes. 3. Lots numbered 269-3`3-=~22-544, may be used for park and recreation purposes. 4. Lot numbered 151 ma;/ be used for church and religious purposes. 5. Lot numbered 394 may be used for school purpose a. b. Lot numbered 580 may be used for road ways. comprising 22.417 acres. and including the porticr. whit it wil_ be de dicate o, known as re rn blvd. of an approximated area o£ 111750 square feet. 7• Lot numbered 579 will be and is a part of -ap 3B when file@. II. GENER4L BUILDI:iG 1LSTRIGTIONS A. TEMPGR;.'.° OR SEPARATE IMFROVEMENTS: No trai'_er, tent, shack, garage or otter outbuildings s':all be used for living purposes on any lot beyond completion c: a pe:^~anent stricture, or one year, whichever comes first. B. CONSTRUCTZCPI Tliv~ SPAN: Corse:action of any building or structure or additior. thereto shall be prosecuted with reasonable diligence continuously from the time of original commencement until folly completed, which time shall not ex- ceed one (1) year. SIZE: No residents shall contain less than eight hundred eighty (880) seuare feet of enclosed living area, exclusive of the carport or garage. D. MATERIALS: All material used in the construction of any improvement portien of the lots s.%:all be new material, except that used decorative ...-'er_als may be uti:ized to enhance the appearance of the improvement. 3ENAGE iSSFOSA~: No buildzng shall be used 'for any pe rnitted residen- t'_ai purpose proviaed herein unless the premises are provided with adequate, mod- : - p:ambirg appliances. All bathroom anc toilet conveniences shall be inside or ':arv of the main t 'ldiag, 3nl all plumbing fixtures. dishwashers, washers and sewage .iiscosal systems shall be corrected with a cesspool, septic tank or sewer. "o o,. .,.i de privieo shall be erected, maintained or used upon any part of said prop- erty cept on'-y that a temporary chemical type prir,/ may be ne rmitted Suring the C D'lraf YOf construction ..f buildings, but rot for a ne riod longer than the actual JCnSt"]Cti~: n, ,^~,?DAT. v:.J: :VO JC:IV?nt1C.^.A1 Suul lOCr a__.._ ~'SR$lS C2 exposed from any CARLSMITH BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE ~ POST OFFICE BOX 686 F'%, HILO, HAWAII 96721-0686 C; i TELEPHONE (888) 87b-8811 FA% (888)875-7876 ~ i" W W W.CARLSMRH.COM Apri16, 1999 James H. Weeks Margazet F. Weeks 5330 Lake Shore Drive Willis, TX 77378 Re: Nanawale Estates Co. >~iuE~R in_ication Dear Mr. & Mrs. Weeks: I am in receipt of your March 24, 19991etter (copy attached) in which you indicate that "the property will be altered if this rezoning is.passed", and that the property was presented as a residential lot when you bought it acid `won't want commercial around us." Applicant Nanawale Estates Co. is seeking a change of zone for the approximately 9.328-acre pazcel from an Open (O) to Family-Agricultural 1-acre (FA-la) designation. Nanawale has committed that no future subdivision of the parcel will occur, without a County approved water system being available to service the property, or further action by the County Council. Additionally, the Applicant has agreed to include a limitation on the use of the property for "single family residence" uses only, in conformance with the provisions of the Declaation of Protective Restrictions, Condition and Reservations of the Nanawale Estates Subdivision. Therefore, the property will be encumbered to require only "single family residence" uses pursuant to the Declaration of Protective Restrictions, Condition and Reservations. Very truly yours, STE .C LIM SSL:KYL Enclosure xc: Planning Department ~ E X H I B I T OO?L~83 Nanawale Estates Co. Ci ~ECE~vED Mar - 5 y~~A,eyA,~T F ~.rr~:-~~ 5 X30 ~n4~e s~o~-f v~~~-e cv,« s ~x 7 ~ 3 ~ /2i o~L a ~5_ W-~ y.-~7`' Oca-i .U` i S~iYO v~ Sly.~/A,~~ fo ~'aAkR/ fiR ~o.-.~'o tB Ti° /L.ew /~3 J~~~ J•-oY /~loP KA wACP FS7~G-{~ ~ur d 7` A k~ T ~21~e-~ f.~.,-, G-u cr cJ'Yt o ~~-o%~ ~c ~`7 r~ [NP w~ }/o~v.~. y f -v /j ~ , cv a /fm~.e dom. ~ t ~u ,ee ~~2e b our- LoT ,o~ll~sic~ 3 - zcnlo ! - Sec t - ~/-0,,t ~ P~2 s 6 , ~~~~5 w~ ~.ss,.~-/..co ~ a ~5~~f,~ ~~r wGv. wr go cc~(~ e /C ct s..~m~..T. /~/~r-,-7` Cd~i.~~c ~~,p G~ ~ cCr~ G~/-~~S fee e ?~~,L~=~ecrZ ~ ~~OAei`/ ?f rh~~4~ ~-~'c/t~sft7 / ~ R j~ 3 - B,D?C ~3.5 02 ~S ~u. .~.xt, %~2~ ~f j 96'77 96 o ~2s ~ s7.e`n ~ ~is~Z ~occ~, 6~r- D4 ` i o`i ~o `c~zR~~ o~ ~o ~v1 ~r 3 ~Qr~~ ~~~z 7Z~-t~~~a~~ ~ . • 0,q Zvi, ~},,i ..LF~ .moo--C.- ..v-~ ~CU[-CLCJ/ ,~z1!~~ -mod ~~t f~ ~ .ti.~ ~o - o _ d'oo I sa a~ o / ~ - 3 ~f ~ l ~cz~a-Q~,~ ~o-c~ ~e'Gt,7~c~ ` D'w EXHIBIT Cf~ , ~ ~ . r-- . . /P usu.- .,~~~-Ze~~ r ~ Iorsw} 'r ae ~ APPLICATION FOR CHANGE OF ZONE Puua, District of Puna, Hawaii TMK: (3)1-4-76-38 r 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 27`G~3~~~ t7~ 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~jA~: ADDRESS: P.O. sox 3006 Bakersfield, CA 93385 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Naricv 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 letteBATE: (May be by letter) LANDOWNER(S) ADDRESS: 235 Queen Street, Honolulu, HI 96813 REQUEST: Open (o) TO RA-la (Existing zoning) (Proposed Zotung) TAX MAP KEY: (3) 1-4-76-38 STREET ADDRESS OF PROPERTY: SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 9.328 acres AGENT: Steven S.C. Lim ADDRESS: Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 TELEPHONE:(Bus.) 935-6644 (Res.) (Fax) 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 AYrLICATION MUST BE ACCOMP~. 3D BY THE FOLLO`VLNG: 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 Depattmental Zoning Questionnaire. 3. An original and twenty (20} copies of a Background and County Environmental Repott 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 futI-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 propetties who are required to receive notice. Note: Leval description of the property in map and written form by metes and bounds as cettified 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. FORbfS - 4/15/97 (f:\wp60lforms\pd\zoneapp[.skg} APPL.ICANT'S LETTER OF AUTHORIZATION Tax Map Key: (3) 1-4-76-38 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. NANAW LE ESTAT + CO. By Nancy D ff Its , D . Address: 1730 Sonoma Berkeley, CA 94707 Subscribed and sworn to before me this 5 day of iU~l?r'rrr br>,t_. , 1998. ~ _ t,; Na e• ~ . C~ecJx~„~J Notary Public in and for the State of California My commission expires: Js' .~cx~ i C1/'~ ~ ,a fai ,C~ /a ; q'~9. 22~ _ ~y FEE OWNER'S LETTER OF AiITHnRi7ATinN Tax Map Key: (3) 1-4-76-38 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 authori2ation shall also be considered as effective and valid as the original. TITLE GUARANTY ESCROW SERVICES, INC. BY OAYI~ 7y PIETSCH, JR Its PRESIDENT Address: 235 Queen Street First Floor Honolulu, Hawaii 96813 Subscribed and swop t~o.,b~e,~fo~re me this ~Q`~` day of 1998. ~/ae~ ~ ~ ~L~~ Name: Notary Public, State of Hawaii VALERIE K.P. TANAKA 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) 1-4-76-38 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 406,307 squaze feet (9.328 acres), rectangulaz-shaped, unimproved parcel of land is bordered by Kona Road along its northern boundary, Hapuu Road along its eastern boundary, Plumeria Road along its southern boundary, and single-family residential lots zoned A-la along its southern boundary. 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, consists of approximately 4,289 residential sized lots, ranging in size from .25-acres to 1-acre. The Property is situated within the State Land Use Agricultural District, is more particulazly described as being Lot 318, 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 IV, File Plan 1098, 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 9.328-acre Property from Open (O) designation to RA-la (Residential and Agricultural 1-acre) designation to develop an agricultural subdivision limited to nine (9) buildable lots, with an average lot size of 1-acre (see Exhibit 1, "Site Plan"). Background and County Environmental Report Page I Application for Change of Zone (TMK: I-4-76-38) Nanawale Estates Co. 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 [o community needs and other land uses. 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. Background and County Environmental Report Page 2 Application for Change of Zone (TMK: 1-4-76-38) Nanawale Estates Co. • Facilitate the use of available vacant, developable, and undemtilized urban lands for housing Discussion: The Hawaii State Plan, Socio-Economic Advancement- Housing, encourages the orderly development of residential azeas 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 azeas. 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 agriculture, by utilizing vacant, developable lands and providing opportunities for small-scale agricultural activities. Background and Counry Environmental Report Page 3 Application for Change of Zone (TMK: 1-4-76-38) Nanawale Estates Co. 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 of Conservation. The Property is situated in the State Land Use Agricultural District. Pursuant to Section 25-5-50, of the Hawaii County Code, the RA district is intended for areas designated as being in the State Land Use Rural or Urban district. Although the Property is situated within the SLU Agricultural District, the purpose of the residential agricultural (RA) district designation is compazable to that of the Agricultural (A) district designation, in that both designations provide for uses in very low density agricultural-based residential lots in rural aeeas where urbanization is absent. The proposed action will be improved small-scale lots, with residentiaUfarm 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. The Low Density Urban 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 aeeas or elements of the General Plan as follows: Economic Element: Goals • Provide residents with oppormnities 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. • T1te 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 Coun[y Environmental Report Page 4 Application for Change of Zone (TMK: I-4-76-38) Nanawale Estates 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 nine pazcels of 1-acre in size pazcels, thereby making diversified agriculture a feasible endeavor for the young faznily or resident with limited income. The requested rezoning would also complement the A-la zoning and land use of adjacent pazcels 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 General Plan goal by expanding the availability of 1-acre parcels 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: 1-4-76-38) Nanawale Estates 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 aze highly desirable to Puna residents as a way to maintain the rural chazacter of their communities and a rural lifestyle. Puna has many small-scale, developing, experimental and independent growers and gardeners. 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 aze 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 ofresidential- 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 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. 2.4 HAWAII COUNTY ZONING AND SUBDIVISION The existing County zoning designation for the Property is Open (O). The Nanawale Estates Subdivision 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 areas within the Tract for possible recreational and educational facilities. Background and County Environmental Report Page 6 Application for Change of Zone (TMK: I-4-7638) Nanawale Estates Co. The County zoned the properties Open (O) 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 farms aze intermixed with low density residential lots. The proposed rezoning would meet this criteria as both pazcels are located in rural azeas with low density residential lots, and where urbanization is absent. 2.5 PUNA COMMUNITY DEVELOPMENT PLAN The Puna Community Development Plan (CDP) prepared 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 policies and the specific concerns of the Puna community. The proposed action would be consistent with the courses of action of the Housing element of the CDP as follows: Housing: Courses of Action • Aid and encourage the 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 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 compazed 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. Background and County Environmental Report Page 7 Application for Change of Zone (TMK: 1-4-76-38) Nanawale Estates Co. 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 $g~pg 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. Impacts and Mitigation None. The proposed action will not alter the microclimate of the region. 3.1.2 Topography and Soils Settme 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 (rLV), Lava Flow, A'a, which is a miscellaneous land type. This lava is rough and broken, and has practically no soil covering. The Land Study Bureau Overall Master Productivity Rating is "E", or "Very Poor". The State Depaztment 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. Impacts and Mitigation None. Compliance with the County requirements would further ensure minimal erosion and sedimentation impacts during future development. 3.1.3 Natural Hazards Background and Counry Environmental Report Page 8 Application for Change of Zone (TMK: 1-4-76-38) Nanawale Estates Co. Setttne 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. Illlpacts and Mitigation. The Property is not within any flood or tsunami hazards zone. Although the Property is located in the azea flazllced 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. 3.1.4 Air and Noise Quality Bettina Air. The air quality in the Puna district is largely 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 area. Vehiculaz exhaust is a lesser source of air pollutants. Noise. Noise in the general azea is associated with vehiculaz sources within the subdivision. Noise generated by additional traffic within the proposed 1-acre residential-agricultural lots should be minimal. Impacts and Miti ag tion The proposed action will not alter the air quality of the region. Fugitive dust specifically arising from future development can Background and County Environmental Report Page 9 Application for Change of Zone (TMK: I-4-76-38) Nanawale Estates Co. be mitigated by observance of standard industry practices for air quality management. 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. Imnacts and Mitigation None. Because the entire Property has been previously disturbed, any surface or subsurface archaeological remains are unlikely. 3.3 NATURAL RESOURCES 3.3.1 Flora/Fauna Settine 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, pili grass, and by introduced animal species, such as mongoose and rats. Imnacts 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 azea. 3.3.2 Scenic and Open Space Resources Settine 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 Background and County Environmental Report Page 10 Application for Change of Zone (TMK: 1-4-76-38) Nanawale Estates Co. current "open space" designation, the proposed 1-acre pazcels, will continue to serve as a form of "open space" in the azea. 3.4 SOCIO-ECONOMIC RESOURCES Settine Puna's population has shown to be one of the fastest growing areas 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. Imnacts and Mitieation 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 1-acre agricultural sized 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 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. Imnacts and Mit' lion None, as no adverse impacts to surrounding uses and properties are anticipated as a result of the proposed development of the Property. Background and County Environmental Report Page I 1 Application for Change of Zone (TMK: 1-4-7638) Nanawale Estates Co. 4. INFRASTRUCTURE, PUBLIC FACILITIES AND SERVICES 4.1 Access Bettina The Pahoa-Kapoho Road intersects Nanawale Boulevazd, the vehiculaz entrance route leading into the Nanawale Estates Subdivision. Nanawale Boulevazd is a County owned and maintained road, which has a 40-foot wide paved roadway within a 60-foot wide right-of--way. Access to the Property is along Kona, Plumeria, and Hapuu Roads, which aze private subdivision roadways 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 vehiculaz trip counts along the Pahoa-Kapoho Road and Nanawale Boulevard which aze generated by subdivision residents. 4.2 Water System Saltine County water service is currently not available to the Property. The nearest 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 Mitigation None. Individual lot owners will install private water catchment systems in compliance with al] 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 Sslliug 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 Cotmty regulations. Imnacts 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 Background and County Environmental Report Page 12 Application for Change of Zone (TMK: I-4-76-38) Nanawale Estates Co. 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 Settine 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 care 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. Imnacts and Mitigation None required as adequate police and fire protection and medical services aze available. 4.5 Utilities Bettina Electrical power is available from the Hawaii Electric Light Company, and telephone service from GTE Hawaiian Tel. Imvacts and Mitigation None required since adequate utility services aze 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 opportunities for successful intensive farming while maintaining the rural character of the community and rural lifestyle, and (2) fostering the 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. Background and County Environmental Report Page 13 Application for Change of Zone (TMK: I-4-76-38) Nanawale Estates Co. 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. 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. In addition, the Nanawale Community Association, Inc., through its Board of Directors, supports the proposed action. Keeping the azea 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 4. 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 5. Background and County Environmental Report Page 14 Z4 .lo% < ~ 0 ~o and J =4 >ol ~a% A ~s~ z~7 = zal z%c P' moo CIS ono yc>d p g3G ~i1G A DHo 2lB @BO 20"1 Zo% r ~j¢"j %SS ~'1 2'1 °J c 276 X1'7 a p l h'7- ~G' @'. Z so. o >4 > >c e. 3dG IDT' mac'+. n• 9c~ -~c`a. ~-1) J 9z"7 IG>og ~a _ woad . utn~ty Easrtlrnts ~ 00 'J¢S ~ NY N ll 1. 0')°i AC. I~ N °l2G V S 1.I Dd Ac. rD N I.00'7 AG, ~ 'lGa,>1 'oZS '>dd SN N °o ° :.001 Ac. UI ~ ID1.9D 20>D5 ^ "7G~i. j"l Ddb ~ 14A D1 Id%.D7 149.D7 149. D"7 19o.S2 D2H 1'JZ 'JV' ~ -T X30.00 ,sdl - Of~>\1 ZO IL1G TO ~ G~la ~ ~aa Sk i9 t . m T o { W ~ ~X° Dm %O ~ o 0 1.000 AG~ • a LOOO Ao~. p 1.000~Ac, p I,ooo' Ac~' C 1.000 PC. o Nd X21 7 p w N ~ N a N o a N ~ n N N 2 N '~'D% p.. t<-,woo p 9t7 , »2'>4' Idae~ 1d9. 6'1 ldO. DT 140.8'1 reo.s2 ' 1'1' 9G' -t- 1^u 0.00 o HAF'UU tZOAd cs ~ ~ I 29D 2w'7 ~ ~ ~ L do' a t d ao ~o aue x9 O 0 z~s zlc 21s _ L ~ I = ~ O W UEl2: h1AUAWALE ESTATES cA- ~~o STcv Crl C. L~rr1, /y+,{y C~rlsmi}h ®a',1 l21 lilatan venue AvCnue ltilo,Fl>waii oG~2~ l°201°OS~b ZOt~1E. CHAtJCr~ LOT ~ t 8 ~ IJ AIJA WALL E.ST AT ES SuBblvlsl01~1 - llulT Q '9p C. MFOi`lnEp y (t-iIG Flan 70°.8)_ '".a.F.s~c..F < 1°uua, tuna, lslanol of Hawall, Haw~l1 ~ ""°'""'QO1 en n•r IJov embe^ t7, I°J%8 ~tl. O' . S1rv~y arKi Plr by t`lurraJ,Smi1l~ c'.i~°ociatcs, l3ci. t' o ao~ eca Y.ilo, H'~waii EXHIBIT t r dl!°i I P ~ ~ 1e J~ llp " / ~ ~ ' - t~ o~~ r "6 ~ ~ r e It ~rt h '1'EEfI r „i i 4:I _ Vu~ b~ e ~ ~ ob o' Q t Y . - r"_ - ~ ~ ~ ~r ~ ~ ~ -QQ~~~~~ _ ° ~P ••M ,•K i_ ~ - - _ r.. . - o~ w~ .o a - ~ i, ~ - ,,.~a.,, wo,,.°, Q . ~i~O ~ 0- a. , a~wcw Y _ 1 - ~ ~ - muw~ ~9 ,4~ _ ua...wun , ~ _ ~ n , o-,o,.om, ~ ~ ~ -it r. P r e a- ':5 .9 .:1, .m`~.. • °.N.. ~~`-dao.o`.I:.: ".'Y_~~ u-_ is -9 roio [~xin~n j4r cvnw ca j= ~ t o~: Nanawale Estates PUUA, PUNA, HAWAI I T M.K.'I-4-35-66,75-77, 79-89 ~ Surveying and Mapping g EXHIBIT 2 - LOCATION MAP l~l tar. r..~ l:~~• :~i.<. ° v' e ~'.i _ • • • , • v r. e • i • is ..~i a u ? i YS 1 ~ e ~ :;l ~ ° i ~ 13; o o~ ~~o+a 'Qfi" 7 Rl m i3 n i~ n r Y~ ~L m e$ i I•di Y $ 3 .i aso. iJ, H :I :I ".7 ~ A R{ eA i~ R~ f A Ri t ° , s?t O~' F.:/i ' 9 A .S~Y R~ `<i.. i_,.,t_.. 1 0 0 o V y. e 1 o Q o:~ o. f F 1 O.. O. ~~j1 © = n ~ . m!iai SUBJECT PROPERTY .~i~ r ~ at i~ 1 $ i ~ Y r „ 7 /ir° laaii ?2 .}4 a i; A` ~ ` iii • • © ~ • !on ~to Y ii~l g tE. o . g i . t. Q O 0 0 O O O ie Q _ i 21 e. o o e a j . 7j ° : : . 'f.. J;i"d y a{ 1 ~ "af < r & • ¢ 960/ 'd ! a1 i ~3~ ~ ~ ~ ~ Q © W ® ` © 966 d 1 / 99 - r • 1 p ° ~ ; ji ^4 fir' ° ~'t i.( ° <'{I_ol i it , a u Q.° i e u'~ P ~ ei ~ a LA i~ ^ ~,1.'~ ti.s..as-... .i ...i ,I .~1 ~ • a ° t N.: u°~• s a}~: ii is~ ° ii : i1! a #t ii:,' ~ • i~ ; ~ 7, t~° ~ :ii '-h y _°o° o_i ~i o_, _°ei oi, sr Bi ~4 S° pi $i a t u ..m .dt~ °{rw a a:1t ; i ;:<I' i 6E ei ~ ~ ii,`~ a a f - _ _ ~ - of ' ~F.tt - ~l~ iil,_ _ _'tO-~` R1 , 1 A It .i 27,; _'Ci - , t: _i - iN - ~d3 M i:l M 7:? nl' l;,s ~4, W _ ~ ! - - y ti 1 1 M d - O - O a. °.w Q EXHIBIT 3 TAX MAP ATTACFL^IENT Agricultural Rezoning PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1. If your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? Yes If yes, please answer the rest of question 1 and then to question 3. a. How many acres of the requested area do you intend to subdivide? Entire parcel b. Into what lot sizes? 9 1-acre lots 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 please answer the following questions: On how many of those lots? At what approximate price range? House Lot Total Approximately how long, after approval of the subdivision, would the first house be available for occupancy? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application 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 4 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 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? No 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 Zf so, did your plan include the 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? 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 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. Zf you do not intend to subdivide the subject land for some sort of Subject property agricultural purpose, please state your other reasons. to be subdivided 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 If so, what kind? Access to the proposed parcels will be off of Hapuu and Kona Roads, which are privately owned and maintained by the Nanawale Community Association, having 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 R 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. Signature: See attached authorization letter Address: P.O. Box 3006, Bakersfield, CA 93385 Telephone: (510) 527-3729 Date: November 24, 1998 -4- Names and addresses of owners and/or lessees of land within 500 feet of the perimeter boundary of TMK:(3) 1-4-76-38 1-4-30-98 Scott G. & Judith A. Gaston P.O. Box 1281 Pahoa, HI 96778 1-4-30-99 Frances A. White 555 SE 6th Avenue, PH PHH Delray Beach, FL 33483-5246 1-4-30-100 M. Edie Townsend & Phila A. Casey 1317 Aquarius Court Bakersfield, CA 93309 1-4-31-1 Joseph & Amy Marie Fritz I-4-31-2 188 Tiffany Lane Willingboro, NJ 08046 1-4-31-3 MDM Hawaii, Inc. 1-4-76-12 P.O. Box 2837 I-4-76-27 Aiea, HI 96701-8279 1-4-76-28 1-4-76-47 1-4-76-117 1-4-77-46 1-4-77-72 1-4-77-92 1-4-77-93 1-4-77-94 1-4-77-95 1-4-77-116 1-4-77-117 1-4-88-73 1-4-88-74 I-4-31-4 HorstTyedmers 145 Verobeach Blvd. Western Ontario M9M 1R2 Canada 1-4-31-5 Louise K. Brown Moniz Jacqueline Suganuma 1519 Nuuanu Avenue KT 66 Honolulu, HI 96817 1-4-31-7 Esther M. Kilian 4090 Old Railroad Grade Fieldbrook, CA 95519-9721 1-4-31-8 Earl W. & Jessie J. McConnell 11120 Houston Street N. Hollywood, CA 91601 EXHIBIT 5 LIST OF SURROUNDING OWNERS 1-4-31-9 John & Maria Samida 580 W. 29th Avenue Vancouver, BC VSZ 2H7 Canada 1-4-31-10 Patrick R. Watt Laurie J. Powers 3126 Croydon Street St. Charles, MO 63303 1-4-31-11 Michele M. Cronan P.O. Box 7106 Thousand Oaks, CA 91359-7106 1-4-31-12 Tsugio & Cecellia T. Inouye 1-4-31-13 46-136 Nahiku Place Kaneohe, HI 96744 1-4-76-5 Charles E. & Sono Brown 1-4-76-6 W 123 9000 Zuni Road SE Albuquerque, NM 87123 1-4-76-7 Richard Murakami Tmst 1-4-76-8 1016 10th Avenue Honolulu, HI 96816 1-4-76-9 Paul L. Sweezey P.O. Box 827 Pahoa, HI 96778 1-4-76-10 John F. & Mary Jane Hamilton 108 Flamingo Drive Ladson,SC 29456 1-4-76-1 I William J. II & Shirma Ann Harms N9003 Lehman Road Spokane, WA 99207 1-4-76-13 James M. & Kathleen Jane Ruscitti 7 Ruscitti Drive, RT 94 Chester, NY 10918 1-4-76-14 Allen M. Bassett 1-4-76-40 c/o Elizabeth McMahon 202 SO Montowese, Suite 5 Branford, CT 06405 1-4-76-IS Marvin R. & Gail A. Anderson 1-4-76-16 565 Bellevue,#1202 Oakland, CA 94610 1-4-76-17 Hong Kong Borneo Shipping Co. 1-4-76-18 Room 815-8 1-4-76-19 China Ins Group Building 1-4-76-23 141 Des Voeux Road Centtal 1-4-76-24 Hong Kong 1-4-76-25 1-4-76-26 1-4-76-29 john & Maria H. J. Van Zanten 3401 Timmons Lane, #10 Houston, TX 77027 1-4-76-30 Efren D. & Nellie J. Matias 25 Simpson Street Gordon Heights Olongapo City 2200 Phillipines 1-4-76-31 Vy Sigman I-4-76-32 18 Marryat Road Wimbeldon Village London SW 19 SBD England,LiK 1-4-76-33 Thomas A. Walker & Brenda L. Bronson 1064 So. Parfet Ct. Lakewood, CO 80226 1-4-76-34 Cheryl K. Matthews 1-4-76-36 Terri A. Kaatiyama 2754 Kuilei Street, #601 Honolulu, HI 96826 1-4-76-35 Nani Ahn Yin Puou 4125 Mauna Loa Avenue Honolulu, HI 96816 1-4-76-37 Laura C. Light 1111 Hala Drive, #201 Honolulu, HI 96817-2126 1-4-76-39 Tadashi Otsuka Gary G. Otsuka Sherman A. Otsuka P.O. Box 244 Kaunakakai,HI 96748 1-4-76-41 Nicholas L. & Merilou M. Hamvig 115 South Cherry Lamoni, IA 50140 Roy Anderson 60 Crest Drive Howell, NJ 07731 I-4-76-42 Yasutomo Tonegawa 6-2531, Miwa, Nagano-Shi Nagano-Ken 380 japan 1-4-76-43 Robert L.P. Tong 1-4-76-44 Lawrence K.W. Tong 92-616 Makakilo Drive Kapolei, HI 96707 1-4-76-45 William F. Tichkowsky 7908-157A Street Edmonton Alberta TSR I Z6 Canada 1-4-76-46 Alonzo E. Jr. & Rosalin R. Short 6066 Old Telegraph Road Alexandria, VA 22310 1-4-76-50 Richard Dmmm 4915 Tyrone Avenue, #216 Sherman Oaks, CA 91423 1-4-76-51 William S. Jr. & Francine C. Fernandez 1-4-76-52 41-604 Poalima Street Waimanalo, HI 96795 1-4-76-53 Steven & Kathy K. Kiko RR 3 Box 2-306 Pahoa, HI 96778 1-4-76-54 Frances K. Copeland P.O. Box 1580 Pahoa, HI 96778-1580 1-4-76-55 Vivian Wilebski P.O. Box 1085 Haiku, HI 96708 1-4-76-56 James H. & Margazet Weeks 5330 Lakeshore Drive Willis, TX 77378-9142 1-4-76-57 Caroline V. Olson P.O. Box 40 Paauilo, HI 96776 1-4-76-58 Howard & Arlene C. Flotow 1-4-31-6 121 Mariner Drive Tatpon Springs, FL 34689 1-4-76-59 Robert W. & Charlene Fischer 6421 Quantum Lane Las Vegas, NV 89130-1831 1-4-76-60 Michael & Alicia Kincade Leroy W. Snapp c/o Beverly A. Duff, Guardian P. O. Box 6717 Ft. Myers, FL 33911-6717 1-4-76-61 Leroy W. Snapp P. O. Box 1864 Zephyr Cove, NV 89448 1-4-76-62 Terry F. Canda IS-607 N. Puni Mauka Pahoa, HI 96778 1-4-76-63 Donald F. & Gail T. Mordavsky 436 Felt Road South Windsor, CT 06066 1-4-76-64 William F. & France S. Neal 196 Margaret Drive South Windsor, CT 06074 1-4-76-65 Petet Williams, Jr. 15 Aspen Rise East Granby, CT 06026 1-4-76-66 James R. Blanchard 125 Center Drive, #6 Glenwood Springs, CO 81601 1-4-76-67 James N. & Elizabeth A. Fordemwalt 613 W. Summit Place Chandler, AZ 85224 1-4-76-68 John & Suzanne Marie Mendoza 1-4-76-69 60 N. Beretania Street, #2902 Honolulu, HI 96817-4761 1-4-76-70 Georg Sturm & Sibylle Molzahn Kurt-Schumacher Street 6 65232 Taunusstein 2 Germany 1-4-76-71 Nicholas E. & Mary S. Palumbo 1516 Alencastre Street Honolulu, HI 96816 1-4-76-72 Ellen L. Y. L. Ching Trust 47-304B Lulani Street Kaneohe, HI 96744 1-4-76-73 Frank C. Lu 7452 SW 143 Avenue Miami, FL 33183 1-4-76-74 John M. & Ida Mae Mullen 23004 100th Avenue SE Kent, WA 98031 1-4-76-75 Shirley Ann Lor 408A Broderick Street San Francisco, CA 94117 1-4-76-76 Lanette Ann Lopez Teckla E. Lopez 47-661 Kamehameha Highway Kaneohe, HI 96744 1-4-76-77 Sheldon H. Malinou I-4-76-78 1175 York Avenue,#lOF New York, NY 10021 1-4-76-80 Albert L. & Patricia E. Kualii RR 3 Box 2347 Pahoa, HI 96778 1-4-76-81 Curtis K. & Mary Jane Carstens 7990 E. Snyder Road,#10205 Tucson, AZ 85750 1-4-76-82 Robert L. & Darlene S. Owens 1-4-76-83 905 England Street 1-4-76-84 Huntington Beach, CA 92648 1-4-76-85 Terry P. Bahr 7641 Crystal Blvd. El Dorado, CA 95623 1-4-76-88 Hale Aloha O Hilo Habitat 109 Haili Street Hilo, HI 96720 1-4-76-89 Wyatt C. Crumb 68-1892 Auhili Loop Waikoloa, HI 96738-3372 1-4-76-90 Calvin W.S. & Kathryn Lynn Lee 9755 W.37th Avenue Wheat Ridge, CO 80033 1-4-76-91 Manuel & Delpina E.O. Cabalis P. O. Box 266 Pearl City, HI 96782 1-4-76-92 William G. Kelley 24834 Guadalupe Street Carmel, CA 93923 1-4-76-93 Terry Lewis 1-4-76-94 c/o Morton Edwazd Basson I-4-76-95 P.O. Box 21 Naalehu, HI 96772 1-4-76-96 Chandler & Bayla Washbume 4449 E. Alamos Fresno, CA 93726 1-4-76-97 Scott Gouker RR 3 Box 2246 Pahoa, HI 96778 1-4-76-98 Stephen J. & Kathryn V. Serenas 264 H Street, #8110 435 Blaine, WA 98230 1-4-76-99 Eugene & Kathleen Wasosky P. O. Box 190 Raffles City 9117 Singapore 1-4-76-100 Juei Jung Chang 3950 N. Lakeshore Drive, # 901 Chicago, IL 60613 1-4-76-101 Thomas E. & Enako A. Allen 412 E. Laurel Street, # 3 Compton, CA 90221-3248 I-4-76-102 James S. Wood 1-4-76-103 P.O. Box 39 Olinton BC VOK 1K0 Canada 1-4-76-104 Francis & Cynthia Volpe 1-4-76-105 520 N. Kenmore Avenue, #7 Los Angeles, CA 90004 1-4-76-106 Jessie Nguyen 15017 Marigold Avenue Gazdena, CA 90249 1-4-76-107 Paul D. Hendrickson 4407 Irene Drive Anchorage, AK 99504 1-4-76-108 Richard E. James & Fabianita Atienza 2564 Greenbriar Road Toledo, OH 43607 1-4-76-109 John R. McDougall 8915 Saskatchewan Drive Edmonton Alberta T6G 2B 1 Canada 1-4-76-110 Richazd & Tomoko S. Russell 1-4-76-111 129 WeyfordTerrace Garden City, NY 11530 1-4-76-112 Hendrick Y. Duerinck & Melle Visser Cloosterstraat 114 Kloosterzande, Holland Netherlands 1-4-76-113 Nanawale Community Association, Inc. RR 3 Box 2250 Pahoa, HI 96778 1-4-76-114 Alfred & Pauleen E. Garmon 535 Heather Drive Harlingen, TX 78552-9126 1-4-76-115 Tanya Lee 13-1339 Leilani Blvd. Pahoa, HI 96778 1-4-76-116 James Kennedy 391 Montclair Drive 116 Big Bear City, CA 92314 1-4-76-118 Michael & Julia Klink RR 3 Box 2285 Pahoa, HI 96778 1-4-76-119 John F. Venette 5 Blue Ridge Drive Farmington, CT 06032 1-4-76-120 Elroy & Rosemary Emma Krebsbach 1-4-76-121 18503 So. Santana Cerritos, CA 90701 1-4-76-122 David Chen & Chen Fung Stone 6311 Martinwest Drive Millington, TN 38053 1-4-76-123 Daniel & Amphom Simard 15161 Yawl Street Garden Grove, CA 92643 1-4-76-124 Russell W. & Martha C. Hancock 156 Greenfield Drive Chico, CA 95926 Douglas & Roawinta Dunn P.O. Box 671125 Chugiak, AK 99567 1-4-76-125 Huynh Vinh Anh Humbert 4986 Stevely Avenue Lakewood, CA 90713-2233 1-4-76-126 Ding Liang & JueiJung Chang 1658 Lihiliho Street, Apt. 601 Honolulu, HI 96822-2971 1-4-76-127 Barbaza A. Chapman 12295 E. Kentucky Avenue Aurora, CO 80012 1-4-76-128 Clarence T. & Betty Lee Nishiyama 1677 Kilgore Road Nauvoo, AL 35578 I-4-77-4 Mary L. Kurtin 468 Songbird Lane Sylva, NC 28779 1-4-77-5 Hazel L. Blair c/o Dennis M. Oelhaupl 9 Garrick Drive SW Calgary Alberta T3E SB4 Canada 1-4-77-6 Keith R. & Brenda L. Lipscomb 9571 Onset Cucle Huntington Beach, CA 92646 1-4-77-7 Ronald K. Okamoto & Mildred J. Myers 13540 Mercer Street ' Pacoma, CA 91331 1-4-77-8 Jeffrey S. & Wafaa M.G. Booth 5381 Dressage Drive Bonita. CA 91902 1-4-77-9 Edwin V. & Rayelie S. Carino 9841 Cedros Avenue Panorama City, CA 91402 1-4-77-10 Thomas I. & Ethel N. Fragas 1419 Kupau Stteet Kailua, HI 96734 1-4-77-11 Stephen H. & Genevieve Drwal 3401 NW 47th Avenue V515 Land Lakes, FL 33319 1-4-77-12 Renato & Bless Donato c/o Lee & Lilia Russell 3277 Dry Creek Road Napa, CA 94558 1-4-77-13 Jovito Junio, Mercy Junio & Lyn Niar 30 Evangilis[a Street B F Homes Pazanques, Metro, Manila Philippines 1-4-77-26 Romain G. & Doris T. Giger 1-4-77-27 RR 3 Box 2310 Pahoa, HI 96778 1-4-77-28 William B.Medeiros 1458 Uluhala Place Kailua, HI 96734 1-4-77-29 Lloyd R. & Phyllis R. Young 2343 Kula Kolea Drive Honolulu, HI 96819 1-4-77-30 Helen Bigl 1-4-77-31 1139 Rosser Avenue Brandon Man R7A OL8 Canada 1-4-77-32 Carl R. Botefur 12535 Pacific Avenue, 7A Los Angeles, CA 90066 1-4-77-33 Kim A. Andrea 5128 Springhouse Lane Bridgeville, PA 15017 1-4-77-34 William J. & Chun Song Canterbury 1-4-77-35 177 Coachman Way Sanford, NC 27330 I-4-77-36 Title Guaranty Escrow Services, Inc. c/o Ernest W. Middleton 10531 Ninth Line Markhan, Ontario L6B lA8 Canada 1-4-77-37 Darrell Lee & Stephanie S.L. Ching 95-663 Kilohoku Street Mililani Town, HI 96789-2874 1-4-77-38 Michael & Theresa Clear 1-4-77-39 11207 Bodley Drive 1-4-77-113 Louisville, KY 40223 1-4-77-47 Paul L. & Randa W. Paul Route 2 Box 236-A Mount Olive, MS 39119 I-4-77-48 Paul C. & Susan M. Raffa 575 Seahorse Lane Redwood City, CA 94065 1-4-77-49 Walter A. Baumgartner 1-4-77-50 Tsim Sha Tsui Post Office P.O. Box 92181 Kowloon Hong Kong 1-4-77-51 Frank L. & Betty M. Houston 6400 60th Pl South Seattle, WA 98118 1-4-77-52 Adelia K.A. Colburn 2403 Kaululaau Street Honolulu, HI 96813 I-4-77-53 Mildred E. Rodrigues Lillian Rodrigues 3388 Salt Lake - 205 Honolulu, HI 96818 1-4-77-54 Ernest Alexander & Blanche Angel 1-4-77-55 2 WoocroffAvenue Bridge of Don, Aberdeen, AB22-8WY Scottland 1-4-77-56 Lenore G. Rauch 7905 Bricklebush Cove Austin, TX 78750 1-4-77-57 Thomas & Constance Bowles 1-4-77-58 9091 Niguel Circle Huntington Beach, CA 92624 1-4-77-59 David J. Klimasauskas 2354 Tamoshanter Avenue Bishop, CA 93514 -1944 1-4-77-60 Albert Soto 1-4-77-61 P. O. Box 84 Walsenburg, CO 81089-0084 I-4-77-68 James R. & Sharon M. Spangler P. O. Box 3477 Palmer, AK 99645 1-4-77-69 Helen Henschel Elizabeth Henschel James Henschel Jonathan Henschel Peter Henschel 1620 Famam Street Harlan, IO 51537 1-4-77-70 Michael A. & Emma M. Aina P. O. Box 997 Keaau, HI 96749 1-4-77-71 Gordon Y. Tanaka 2179 10th Avenue Honolulu, HI 96816 I-4-77-73 Rita A. Arciero 1778 Ala Moana Blvd., Apt. 2710 Honolulu, HI 96815-1618 1-4-77-74 Scott K. & Debbie Young 8 Prestwick Coto De Caza, CA 92679 1-4-77-75 Claude L. & Florence O. Hinds 29409 Sierra Rojo Lane Valley Center, CA 92082 1-4-76-79 Florence Shore Tmst 1-4-77-76 3334 East Coast Hwy #288 1-4-77-77 Corona Del Mar, CA 92625 1-4-88-75 1-4-88-70 1-4-86-160 I-4-86-154 1-4-86-155 1-4-77-78 Felipe Escalante & Sandra Gail Hernandez P. O. Box 124510 San Diego, CA 92112 1-4-77-79 Josef Muller 1888 Lake Drive Camano Island, WA 98292 1-4-77-80 Richard Hon Sung Pang, Jr. 85-153G Ala Walua Street Waianae, HI 96792 I-4-77-81 Yoshiki Izutsu Tmst 1-4-77-82 45-108 Waikapoki Road Kaneohe, HI 96744 1-4-77-83 William F. & Glayds M. Ryan 2384 Ignacio Court Santa Rosa, CA 95401 1-4-77-90 Doris June McGuire 6101 W. 75th Place Los Angeles, CA 90045 1-4-77-91 Levi K. Stanley 2615 Varsity Place 1-D , Honolulu, HI 96826 1-4-77-96 Richard A. & Tamako Sexton I-4-77-97 82 N. Broadway Avenue Shelby, OH 44875 1-4-77-98 Thuong Nguyen 2855 Senter Road, #113 San Jose, CA 951 I 1 1-4-77-99 Franchot & Mary M. Perkins 106 Old Mill Road Tinton Falls, NJ 07724 1-4-77-100 William K. Souza Tmst Patti Ann Souza Tmst 3831 Pukalani Place Honolulu, HI 96816 1-4-77-101 Lawrence F. Hagan 2709 Catalina Drive Davis, CA 95616 1-4-77-102 Ellen Amm Mull 4636 Lebanon Pike # 266 Hermitage, TN 37076-1316 1-4-77-103 Neil O. & Suiko Wiseman 1-4-77-104 4412 New[on Drive Las Vegas, NV 89121 1-4-77-105 Linda L. Somboonsook Trust 1818 Calamar Torrance, CA 90502 1-4-77-112 Dan Ola Jr. & Kyong Suk Gilmer 5933 Serenity Lane Rockville, MD 20855 1-4-77-114 Jacen J. Sheldan 1-4-77-115 1122 40th Street SW Calgary Alberta T3C 1 WS Canada 1-4-88-76 Shyrle M. & David F. McCrary HCR 1 Box 4635 Keaau, HI 96749-9603 1-4-88-72 Richazd D. & Chazolett L. Barron 1-4-88-71 2653 Guemeville Road Santa Rosa, CA 95401 1-4-88-68 Accordia of Hawaii, Inc. 233 Merchant Street, Suite 300 Honolulu, HI 96813 1-4-86-133 Otto Kahn 9846 Lesterford Avenue Downey, CA 90240 1-4-86-134 Odessa Willis 12 Franwood Cove Jackson, TN 38301 1-4-86-135 Merle J. & Lois Il~m~an 1-4-86-136 27941 Fazoles 1-4-86-137 Mission Viejo, CA 92692 1-4-86-138 John D. Mowry Trust Pearl H. Wolfe Trust 657 Hunalewa Street Honolulu, HI 96816 I-4-86-139 Bertrand C.W. Chun 1422 Kaminaka Drive Honolulu, HI 96816 1-4-86-140 Amy & Rana Rauch Lenore Rauch Trust 7905 Bricklebush Cove Austin, TX 78750 1-4-86-141 Donald L. & Mitsuko Fuller 1106 12th Street NW Austin, MN 55912 1-4-86-142 Phillip L. Ellsworth Trust Lilac O. Ellsworth Trust 41-1669 Humuka Loop Waimanalo, HI 96795 1-4-86-143 Haruhiko Kunimochi 262 Yoshikawa Shimizu-Shi, Shizuoka-Ken 724 Japan I-4-86-144 Bobbie & Arthora Marcia 867 N. Lamb #102 Las Vegas, NV 89110 1-4-86-145 Raymond A.I. Becker 1-4-86-146 47 Bellaria Street 8038 Zurich Switzerland 1-4-86-147 David K. Coe 1-4-86-148 P. O. Box 1658 Hilo, HI 96721 1-4-86-149 Ron & Jean Toshima 2024 Fairoaks Avenue So. Pasadena, CA 91030 1-4-86-150 Hawaii Property Investors 50 S. Beretania Street, #C119/6 Honolulu, HI 96813 1-4-86-151 Donald A. & Elizabeth L. Watts 115 Oldsfield Road So. Berwick, ME 03908 1-4-86-152 Dennis Hammer 1580 Ruckel Drive Niceville, FL 32578 1-4-86-153 Jolm Voll P.O. Box 542 Culver City, CA 90232 1-4-86-156 Junichiro & Kazunori Uchiyama 1-4-86-157 13-8-2 Chome Shinmei-Dai Hamura-Shi, Tokyo 205 Japan 1-4-86-158 Shun Iwasaki 1-4-86-159 3-30-4 Kichijoji Minami-Cho Musashino-Shi, Tokyo 180 Japan I-4-86-161 Fukuzo Tsukumo 106 Kikusui-So 8-28-2 Nangai Higashi-Yamato-Shi 207, Tokyo Japan