{"@context":"http://iiif.io/api/presentation/2/context.json","@id":"https://digital.library.manoa.hawaii.edu/iiif/31819/manifest","@type":"sc:Manifest","label":"Zoning of lands at Nawiliwili - Planning Commission's Nawiliwili downzoning report","thumbnail":{"@id":"https://digital.library.manoa.hawaii.edu/iiif-img/36641/full/146%2C200/0/default.jpg","service":{"@context":"http://iiif.io/api/image/2/context.json","@id":"https://digital.library.manoa.hawaii.edu/iiif-img/36641","profile":"http://iiif.io/api/image/2/level2.json"}},"attribution":"University of Hawaii at Manoa Digital Image Collection","related":{"@id":"https://digital.library.manoa.hawaii.edu/items/show/31819","format":"text/html"},"metadata":[{"label":"Title","value":"Zoning of lands at Nawiliwili - Planning Commission's Nawiliwili downzoning report"},{"label":"Subject","value":["Harbors--Hawaii","Hawaii--History--1959-","Land use--Hawaii","Political participation--Hawaii"]},{"label":"Description","value":"SOS notes, Kauai County Planning department documents, petition from Niumalu-Nawiliwili tenants association"},{"label":"Creator","value":"Various"},{"label":"Date","value":"1974"},{"label":"Format","value":"statement"},{"label":"Type","value":"Image"},{"label":"Extent","value":"11"},{"label":"Full Text","value":"l. ”The developers had to reduce the unit count from 153 to 148” to keep development off the knoll except for recreational facilities, and to protect the banyan tree. (p.1] 2. ”In evaluating the reasons listed on the petition for downzoning, it appears that moral issues are being represented.” (p.2)3. ”The foremost concern, as stated in the petition, is to save the 7 homes presently on the property from being destroyed. It should be noted that downzoning will not ensure the preservation of any dwelling unit. The property owner and his conscience determines what has to be done. The unenviable position the affected families are in is fully realized and appreciated by everyone in the County.” (p.2) 4. Discusses at length fact that GP and CZO duly adopted, permits granted and extensive conditions imposed along with permits. 5. Says improvements and, apparently NJV promises, will resolve some concerns such as drainage, preservation of church. Also NJV has said_will preserve banyan. 6. “...it is quite difficult to rebut the moral issues raised by the petitioners.\" Also again points out downzoning won't necessarily stop evictions. \"Downzoning would, at best, slow the process down.\" (p.3)7. Recommends downzoning 1 acre to Open District, which would include the entire knoll area within the 5.2\" and \"the area around the banyan tree. These 2 critical areas of concern have already been proposed for uses which fit the Open District zoning of the CZO.“(p.3)8. \"It should also be noted that the integrity and consistency of land use on zoning designations should be maintained to provide an Island everyone is proud of. Without such documents to guide the County's path, an undesirable situation could occur.\" (p.3)9. Recommends retaining 148 units even though would eliminate 1 acre from R-20 “by virtue of the project development use permit and Class IV zoning permit.\" (p.3)–--------------------------------------------------------------------December 16, 1974Honorable Chairman and Members of the Council, County of Kauai, Lihue, Hawaii 96766Subject: Zoning of Lands at NawiliwiliTransmitted herewith is the report pursuant to the Planning, Legislative and Economic Deve1opment Committee report PL-l6l-74 of September 4, 1974, requesting the Planning Commission study the feasibility of \"down-zoning” certain lands at Nawiliwili.WELCOME A. ALBAO, Chairman, Planning Commissionattach. cc: Mayor Ching–------------------------------------------------------PLANNING DEPARTMENT COUNTY OF KAUAI TO: Planning Commission RE: Downzoning of Lands at Nawiliwili, Identified as Tax Map Keys 3-2-05:l, 2, 3, 6, Portion of 8. The following is a report relative to the above referenced downzoning of certain parcels at Nawiliwili. This downzoning proceeding was initiated by 20 residents from the area who have listed nine (9) reasons in their petition (see attached petition)_for their request. As a result of the petition, the County Council has referred the matter to the Planning Commission for \"further study and recommendations\". FINDINGS: The lands involved in this request are bounded in part by Nawiliwili Road to the South, Lala Road to the North and Waapa Road to the East, identified as Tax Map Keys 3-2-05:l, 2, 3, 6, portion of 8, Nawiliwili, Kauai, and together contain approximately 6.2 acres (area requested to be downzoned). Of this 6.2 acres, Nawiliwili Joint Venture, Inc. owns approximately 5.2 acres. Mr. and Mrs. Melvin Kailikea own 11,498 sq. ft., Bennet Holt, Sr., Jannette Carroll, Kealoha Curnan, Christobel Kauahi, and Michiko Chow own 17,600 sq. ft., Mr. and Mrs. Leslie Milnes, Mr. and Mrs. Joseph Silva, Richard Kaeo, Jr., and Debra Kaeo own 17,600 sq. ft. and 3,500 sq. ft. is owned by the State of Hawaii. The entire 6.2 acres are presently designated Multi-Family Residential on the County General Land Use Plan and is zoned R-20 on the Comprehensive Zoning ordinance Zoning Map ZM-NW 400. The petition is to downzone the subject area from its present General Plan designation of Multi-Family to Open and also the zoning districts from Residential District (R-20) to Open District (0).The Planning Commission, at a meeting held on September 25, 1974, approved a Project Development Use Permit and associated Class IV Zoning Permit for the construction of 148 townhouse units on the 5.2 acres owned by Nawiliwili Joint Venture. This approval came after several weeks of deliberation on the part of the Commission. Among various other physical problems, they were concerned about the development on a knoll within the prOperty which would have presented an adverse visual impact. Subsequently, the developers revised their plans to eliminate all dwelling units from the knoll and replace them with recreation facilities only. Another factor causing the deliberations was the concern for an old banyan tree on the property involved. It is a very large tree and the developers were asked to preserve it if possible. Between retaining the banyan tree and eliminating the units on the knoll the developers had to reduce their unit count from 153 to 148 units. With the approval of the project development use permit and Class IV Zoning Permit are attached 15 conditions which must be complied with prior to securing a building permit. These conditions are necessary for the proper function of.the development and include provisions for road improvements, drainage facilities, sewage collection and treatment facilities, and all other County and State requirements. The lands not owned by Nawiliwili Joint Venture and involved with the request are on relatively flat lands with slopes from O-lO%. The 5.2 acres contain slopes slightly over 100% around the knoll where no dwelling units are proposed. Four (4) of the structures are situated over slopes ranging from 20% to 30%.EVALUATION AND CONCLUSION:Downzoning as well as up zoning is an important aspect of the planning process provided the end result is an improvement and benefits the general public which include landowners as well as tenants. In evaluating the reasons listed on the petition for downzoning, it appears that moral issues are being represented. The petitioners cite the probable eviction of the tenants living on the 5.2 acres to be developed, disturbance and/or destruction of the life-styles, a botanical garden, a historical church, graves located on the knoll, a peaceful atmosphere, development on steep slopes and poor drainage as justification for their request. The foremost concern, as stated in the petition, is to save the seven homes.present1y on the property from being destroyed. It should be noted that downzoning will not ensure the preservation of any dwelling unit. The property owner and his conscience determines what has to be done. The unenviable position the affected families are in is fully realized and appreciated by everyone in the County. On the other hand, the 5.2 acres has been purchased from Kanoa Estate based on the zoning district in which it is located. The Comprehensive Zoning Ordinance Zoning Maps were adopted in September of 1972. The zoning is consistent with the General Land Use Plan designation of multi-family adopted in July of 1971. Under the procedures outlined in the CZO, the new owners.app1ied for a Class IV Zoning Permit for 148 units, which was approved by the Planning Commission. In granting the approval, many conditions were imposed to ensure that all necessary problems be resolved prior to the securing of a building permit. For example, Wilcox Road has to be improved by the developers to County standards. A portion of Lala Road has to be dedicated to the County. A drainage system has to be installed to take care of the existing drainage problem. A new water line from Lala Road to the entrance of the proposed development has to be provided. A sewage treatment plant has to be provided by the developers. These improvements should resolve some of the concerns the petitioners raised in their petition. Based on their latest plan, the historical church on the North side of the property would not be disturbed in any way since the development are proposed on the Opposite side of the bluff.The banyan tree which raised a considerable amount of concern is proposed to be preserved along with a number of large trees on the property. The development on the knoll, also, has been resolved with the developers by proposing to install recreational facilities only. The argument of development occurring over steep slopes is a valid one. However, the CZO does not prohibit development over 20% slope. It merely requires additional requirements besides the normal standards for development. In retrospect, it is quite difficult to rebut the moral issues raised by the petitioners. It is now left to the decision-makers to decide what must be done. Once again, eviction cannot be stopped through the downzoning process. Downzoning would, at best, slow the process down.Perhaps it would be possible to reconsider the zoning designation for the area and possibly downzone portions so requested. Two (2) definite areas are the entire knoll area within the 5.2 acre portion and also the area around the banyan tree. These two (2) critical areas of concern has already been proposed for uses which fit the Open District (O) zoning of the CZO. It should also be noted that the integrity and consistency of land use on zoning designations should be maintained to provide an Island everyone is proud of. Without such documents to guide the County's path, an undesirable situation could occur. RECOMMENDATION: Based on the foregoing findings, evaluation and conclusion, it is hereby recommended that the downzoning request be disapproved except that the portion around the banyan tree and the entire knoll be changed from its present land use designation of Multi-Family to Open and concurrently from its present Residential District (R-20) to Open District (O) on the CZO Zoning Map ZM-NW 400 as shown on the attached map. These two (2) areas combined would reduce the number of R-20 area from 5.2 acres to 4.02 acres. Using this 4.02 acres to determine density, a total of 120 units would be permissible using the l 1/2 density credit for the Open District portion of the property. By virtue of the project development use permit and Class IV zoning permit, it is the staff's position that the 148 units approved shall be maintained. –--------------------------------------------------------------------Chairman Shigeomi Kubota, Kauai County Council, County Building, Lihue, Kauai Dear Chairman Kubota,The Niumalu-Nawiliwili tenants association and affected parties have signed this letter requesting the Council to initiate a General Plan and a CZO change for approximately 6.2 acres of land in Nawiliwili. The present General Plan Designation is Multi-Family Residential and zoning is R-2O. we would like the General Plan Designation changed to Open and the CZO changed to Open District. The fact that a-development plan for 5.2 of the 6.2 acres was recently made public has made it necessary for us to make our request at this time. The plan was prepared by Nawiliwili Joint Ventures Inc., the landowner. NJV is a partnership consisting of the Read Development Inc. and the Bishop Development Inc. The land for years was owned by the Kanoa Estate but was sold to Bishop Development on an agreement of sale this January 31, with the deal being concluded on June 21. The area involved is broken up into.five parcels1. TMK 3-2-5-8 portion 5.2.acres 2. TMK 3-2-5-6 11,498 Square Feet3. TMK 3-2-5-3 17,600 Square feet4. TMK 3-2-5-2 17,600 Square Feet5. TMK 3-2-5-1 3,500 Square Feet As listed above, parcel 1 is owned by Nawiliwili Joint Ventures Inc. Parcel 2 belongs to Mr. and Mrs. Melvin Kailikea. Parcel 3 is owned by Bennett Holt Sr., Jannette Carroll, Kealoha Curnan, Christobe1 Kauahi, and Michiko Chow. Parcel 4 belongs to Mr. and Mrs. Leslie Milnes, Mr. and Mrs. Joseph Silva, Richard Kaeo Jr; and Debra Kaeo. Parcel 5 is owned by the State of Hawaii. The land in question has been in the State's Urban~District since District Boundary Maps were first approved by the State Land Use Commission in 1964. Kauai's first General Plan showed roughly the front half of the land as heavy industrial and the back half as public and semi-public. The second General Plan, approved by the Council in 1971, showed the area as Multi-Family Residential. The CZO, adopted in 1972, zoned the area R-20. We know a downzoning request is unusual, however, this is true merely  because until recently the only people outside of Government who took an interest in zoning issues were people who profited financially from upzoning. Therefore, zoning discussions have been almost exclusively about upzoning. Despite past trends and practices, a downzoning request is just as legitimate as one for upzoning. We give you the following reasons why the 6.2 acres should be downzoned: 1. The-most important reason is that there are seven homes on the land NJV owns and wants to develop plus several rented rooms. Downzoning is needed to-he1p save these homes and rooms from being destroyed. The families directly involved are the Panuis, the Isobes, the Nilsons, the Nortons, the Matos, Mrs. West, Mr. Base, Reuben Parongao, Brenda Watson and Theresa O’Donoghue.The tenants of NJV are working people with low and moderate incomes. we know, without question, that we need not explain that with the current housing crisis relocation for these people would be extremely difficult. Menehune Gardens, a beautiful and very unique center of Hawaiian culture, would be badly disrupted and possibly destroyed by the development that the present zoning allows. Menehune Gardens.was built, cultivated, and managed by the Kailikeas. It contains a wide variety of rare and seldom seen Hawaiian plants. within this area are cherished and valuable Hawaiian artifacts and religious materials which were collected by the Kailikeas. The Menehune Gardens has the largest Indian Weeping Banyan tree on Kauai. This tree was planted by G. N. Wilcox in 1895. The Menehune Gardens is visited regularly by students of all ages who come from various schools on Kauai. A large number of local people and tourists walk around the gardens and learn much about our culture, history, and heritage.About 1/3 to 1/2 of Menehune Gardens is located on NJV land including most of the Banyan tree and the present access to the gardens. Despite assurances from NJV representatives that the Menehune Gardens would be protected and preserved, the character of Menehune Gardens would be ruined by townhouses the NJV plans to build adjacent to the garden area.A church with historical value, the Pentecostal Free Will Baptist Church would be disturbed if townhouses or condominiums are built adjacent to it. The church was constructed around 1906 at the request of William Harrison Rice's wife, known as Mother Rice. Since the closest church was in Lihue, Mother Rice had the church built for the many Hawaiians who lived in Nawiliwili. Due to the expansion of harbor activities, the church was relocated from its original location near the waterfront around 1928. Most of the present building is of the original structure. Our information about the church comes from Kamaainas of the area, especially Mrs. Beatrice Lovell.The entire hillside is covered with Hawaiian, Chinese and Japanese graves according to Kamaainas. The last marked graves were removed last year from land on top of the hill near Kauai High School. However, older residents insist that there are still many graves undiscovered. Mr. Kailikea said that when the Papalinahoa Road was built, graves were uncovered. The now peaceful atmosphere of the area would be destroyed by high-density development. We know the general Nawiliwili area is zoned and used for industrial and commercial activities, but we want this corner of Nawiliwili kept free from high-density development. We believe from a planning standpoint that the whole area would benefit from keeping some open space in addition to Nawiliwili park.The fact that there would be a bad impact fr\nm townhouse development on residents of the immediate area who would not be evicted is our sixth reason for wanting downzoning. The best example is the Kailikeas whose home is only a few feet away from what would be the main entrance to the project. The area already has a bad drainage problem which will be worsened by developing the area.Townhouse units NJV plans to develop are obviously not for most local people. An NJV representative said at a recent Planning Commission hearing on the project that units would start at $39,000 at today's prices. These prices are considerably beyond most peoples reach.Much of the land has very steep slopes and is unsuited for intensive development. As the Planning Commission Staff report dated July 18, 1974 noted, five buildings are planned by NJV on land with slopes greater than 20%. In summary, we want the area downzoned for all of the above reasons. Basically, the issue is whether [maintaining] local peoples homes, lifestyle,and history is more important than building townhouses for outsiders. Those are the two prime reasons and facts the County must consider in making their final decision. We understand the area was legally zoned as it is now but until recently very few people understood how zoning works. Only now, are [people] beginning to fully understand the way our island, our county, and our government functions. We also must point out that minutes of all official meetings held in preparation of the General Plan and CZO contain no mention at all of this area, We wonder if any of the issues we are now explaining were ever raised when these documents were made. We want you to understand that this downzoning request is very serious and of great concern to us as well as the general public. We feel you must consider these issues very carefully and initiate the General Plan and CZO changes that we have requested. 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