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A79-467 Grove Farm Company, Incorporated

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A79-467 Grove Farm Company, Incorporated BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition of GROVE FARM COMPANY, INCORPORATED, ) DOCKET NO. A79-467 for a Petition to Amend the District Boundary of Property situate at Puhi and Lihue, Island and County of Kauai, State of Hawaii. DECISION AND ORDER BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAII In the Matter of the Petition ) DOCKET NO. A79—467 of ) FINDINGS OF FACT; CONCLUSIONS OF LAW; GROVE FARJ4 COMPANY, INCORPORATED, ) DECISION AND ORDER For a Petition to amend the District Boundary of property situate at Puhi and Lihue, Island and County of Kauai, State of Hawaii. FINDINGS OF FACT; CONCLUSIONS CF LAW; DECISION AND ORDER This matter, being a proceeding pursuant to Section 205—4, Hawaii Revised Statutes, as amended, and the Rules of Practice and Procedure of the Land Use Commission, State of Hawaii, to consider a Petition to amend District Boundaries and reclassify from Agricultural to Urban certain parcels of land (hereinafter “the subject property”) situate at Puhi and at Lihue, Island and County of Kauai, State of Hawaii, was heard by the Land Use Commission in Lihue on February 26, March 5 and April 1, 1980. The mandatory parties admitted to the proceedings were Petitioner Grove Farm Company, Incorporated, the Planning Department of the County of Kauai (hereinafter “C of K”), and the Land Use Division of the State of Hawaii Department of Planning and Economic Development (hereinafter DPED). The Commission, after having duly considered the testimony given, the evidence presented, the proposed Find~ ings of Fact and Conclusions of Law submitted by the mandatory parties and Intervenor Niumalu—Nawiliwili Tenants Association, and the files and records in this Docket, hereby makes the following findings of fact and conclusions of law. FINDINGS OF FACT PROCEDURAL MATTERS: 1. The petition was filed on September 28, 1979 by petitioner to amend. the District Boundaries and to reclassify from Agricultural to Urban approximately 45 acres of land at Puhi, Island and County of Kauai (hereinafter “the Puhi Parcel”), and approximately 41 acres of land at Lihue, Island and County of Kauai (hereinafter “the Lihue Parcel”). 2. Notice of Hearing, scheduled for February 26, 1980, at 9:30 a.m.., Conference Rooms A, B, & C, State Build- ing, 3060 Eiwa Street, Lihue, Kauai, was published in the Honolulu Advertiser and in The Garden Island on January 18, 1980. 3. Petitions for Intervention were timely filed by: a. Njurnalu~Nawi1iwili Tenants Association (herein- after “NNTA”) b. 1,000 Friends of Kauai (hereinafter “1,000 Friends”). c. Bill Kaipo Asinq (hereinafter “~sinq”). 4. A Prehearing Conference, attended by all of the mandatory parties and the persons who filed Petitions for Intervention, was held on February 19, 1980, at 9 a.m., in Conference Room A, State Building 3060 Eiwa Street, Lihue, Kauai. 5. The deadline for filing to appear as a public witness was February 19, 1980. —2-- 6. On February 21, 1980, an untimely request to appear as a public witness was filed by Elizabeth Ann Stone. 7. On February 26, 1980, the Commission acted on the Petitions for Intervention as follows: a. The petition of NNTA was approved and it was admitted as a party. h. The 1,000 Friends’ petition was permitted to be withdrawn at the request of its attorney, Stephen A. Levine, and authorized a representative of the group to appear as a public witness. c. Denied the petition of Asing; however, authorized him to appear as a public witness. 8. The Commission denied the request of Elizabeth Ann Stone to appear as a public witness. 9. The Commission denied NNTA’s motion for defective filing. DESCRIPTION OF THE SUBJECT PROPERTY: 10. The Puhi Parcel is situated in Puhi, Kauai, on the southerly side of Kaumualli HIghway and on the westerly side of Petitioner’s office building, Tax Map Key 3-3—2: por- tion of parcel 1, containing an area of approximately 45 acres. 11. The Lihue Parcel is situated in Lihue, Kauai, on the southwesterly side Nawiliwili Road, Tax Map Key 3-3-3: portion of parcel I, containing an area of approximately 41 acres. 12. Both of said parcels are owned by the Petitioner in fee simple. 13. The Puhi Parcel has no visible rock. outcrops, slopes gently at 2% in the southerly direction, and the elevation is approximately 315 feet above sea level. —3.-- 14. The Lihue Parcel has no visible rock outcrops, slopes gently at 3% in the easterly direction, and the elevation is approximately 200 feet above sea level. 15. The average rainfall for the area of the subject property is 50 inches per year. 16. The subject property is not susceptible to natural hazards and is removed from tsunami innundation. 17. The Land Study Bureau of the University of Hawaii classified the subject property as 41i with an overall pro- ductivity rating of “B” in a five-step system of A, B, C, D and E, with A being the representation of highest pro- ductivity land and F the lowest. Land type B41i is a very common land type associated with sugar production on Kauai. 18. The State of Hawaii Department of Agriculture has advised that the soils on the subject property are highly suitable for the cultivation of sugar cane. The soils meet the criteria necessary to qualify as “Prime Agricultural Land” under the “Agricultural Lands of Importance to the State of Hawaii” classification system. 19. The U.S. Soil Conservation Service has classified the soil for the Puhi Parcel as PnB: Puhi silty clay loam, 3 to 8% slope. The shrink—swell potential is classified as moderate, and. corrosivity of the soil is classified as high for uncoated. steel and. moderate for concrete. The Lihue Parcel Soil is classified as LhB: Lihue Series, dark, reddish brown, silty clay, 0 to 8 percent slope. The —4— shrink—swell potential is classified as moderate and the corrosivity of the soil is classified as low for uncoated steel and moderate for concrete. The soil for both parcels is suitable for the proposed development. 20. Both parcels are currently in sugarcane cultivation. 21. The Puhi Parcel is contiguous to the Puhi Urban District. 22. The Lihue Parcel is across Nawiliwili Road from the Lihue Urban District. PROPOSAL FOR RECLASSIFICATION: 23. Petitioner proposes to develop and use the 45 acres in the Puhi Parcel for the following purposes: 21.5 acres for an R—6 housing project 3.5 acres for an R-10 multi-family housing project 5.0 acres for a light industrial park 1.0 acres for a park 14.0 acres to be kept “Open” Petitioner, which has a general contractor’s license, will use its construction crew for the development of the sub- division, installation of the on-site and off-site improve- ments, and the construction of all of the buildings within the subdivision. 24. Petitioner can start work on the subdivision improvements of the Puhi Parcel immediately after receipt of all governmental approvals, and the subdivision can he sufficiently completed within one year from start of con- struction so that construction of the buildings can begin and all construction completed by 1984-1985. 25. The approximate land development cost of the Puhi Parcel based on current prices is $1.50 to $2.00 per square foot. 26. The area of the old Puhi Camp situated across Kaumualii Highway from Puhi Parcel is to become a part of the —5— Kauai Community College in 1983. One of the reasons for the development of the Puhi Parcel is to accommodate those persons currently residing in the Puhi Camp. Another reason for this proposed development is to provide work for petitioner’s construction crew which is scheduled to run out of work in two years from now. 27. The R—6 houselots will contain approximately 7,500 square feet, and 3—bedroom, 1-1/2 bathroom, hollow tile houses will be built thereon and sold in fee simple to Kauai residents. First-purchase rights will be given to current active employees of petitioner at below the market price. Second purchasing preferences will be given to pensioners and former employees of petitioner now living in the Puhi Camp. The remaining houses, if any, will he offered for sale to other Kauai residents with priority given to former employees of petitioner. The price of the house—and—lot packages for the preferential purchasers at today’s prices will be $75,000.00. 28. The 3.5—acre, R—l0 development will contain 35 multi- family units and will be used to provide housing for peti- tioner’s pensioners now living in the old Puhi Camp. Also, petitioner intends to cooperate with the County Housing Department to make housing available in this project to other elderly persons of Kauai. 29. The 5 acres for the light industrial area will he divided into half—acre lots to be leased primarily for ware- house type uses. —6— 30. There will he some open zone between the residential and the light industrial areas. Also, the light industrial area will be at an elevation lower than the adjacent residential area, and will be sloped and landscaped to prevent visual connection and to provide a sound harrier between the two areas. 31. Petitioner proposes to develop the 41 acres in the Lihue Parcel into a R—4 residential subdivision. Work on the subdivision will start immediately after receipt of all governmental approvals. The work on this subdivision will be performed concurrently with the work on the Puhi Parcel and will also be done by petitioner’s construction crew.
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