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HomeMy WebLinkAboutCOM 0827.000 1996-1998 William G. Davis Managing Director Stephen K. Yamashiro Mayor Henry Cho 'i;~•gp•p Deputy Managing Director Gun#g of Anfunii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 C-) April 24, 1998 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. 91-22 (REZ 682) Applicant: Haseko (Hawaii), Inc. Request: Amendments to Conditions C-N Tax Man Key: 7-3-10:Portion of 27 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Qincere, phen K. Yamashiro Mayor LHasek0l.MAY Enclosures cc: Planning Commission REZ 682 er 11 d,3 Cwrasa, SLY - 'APR 2 g L9F tt~?. nor,: ~gf F,, J~ Stephan K. Yamashim ,e Mayor (911unfV of pz6jall PLANNING COMMISSION 25 Aupuni Swat, Ra 109 • 166, Hsw*6 %7204252 (808) %1-8288 Fax (808) %1-9615 APR 2 4 1998 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. 91-22 (REZ 682) Applicant: Haseko (Hawaii), Inc. Request: Amendments to Conditions C-N Tax Man Key; 7-3-10:Portion of 27 The Planning Commission, after a duly held public hearing on April 17, 1998, voted to recommend for your approval the proposed legislative bill for an amendment to Conditions C to N of Ordinance No. 91-22, which reclassified lands from an Unplanned to Single Family Residential (RS-10 and RS-15), Multiple Family Residential (RM-4) and Neighborhood Commercial (CN-10) zoned districts. The amendment to the conditions relates to incremental development, performance, archaeological, park, housing and infrastructural requirements. The property is located adjacent and south of the Kona Palisades Subdivision, approximately 4,700 feet east (mauka) of the Ka'iminani Drive and Queen Ka'ahumanu Highway intersection, Kalaoa 5th, North Kona, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The purpose of this request is to amend the performance requirements of Ordinance 91-22 to ensure that the applicant is not in violation with the time conditions. The request is also to amend certain conditions to allow the property to be developed in a manner that ensures that the infrastructure impacts and concerns are addressed in a manner that is fair to both the County and the owner. More specifically, the proposed amendments will bring the conditions relating to incremental zoning Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 requirements, performance, archaeological, park, housing, infrastructural requirements and the performance requirements in line with current practices for similar rezonings. The inability of the applicant to comply with the requirements of Conditions C to N of Change of Zone Ordinance No. 91-22 is a result of conditions which could not have been foreseen or are beyond the control of the applicant. In the letter of January 5, 1998 to the Planning Director, the applicant has requested amendment to Conditions C to N for the following reasons: "The need to comply with a number of conditions plus a sagging economic conditions have made it difficult for the applicant to proceed with the development of the subject site in a timely fashion. As such, the applicant requested a time extension to Condition D which required the submittal of subdivision plans before September 9, 1992. The Planning Director issued a year's extension to September 9, 1993. In August 1993, the applicant then requested a time extension for both the submittal of subdivision plans (to September 1994) and multiple family plans (to September 1995). The Planning Commission recommended the approval of these extensions on April 14, 1994; and this matter was forwarded to the County Council. After some measure of consideration, the request was referred to your office by the Council for some technical update. "Since the subject ordinance became effective on September 9, 1991, the County has articulated policies relating to matters such as no ohana covenants, incremental developments, infrastructural requirements, and the like through the adoption of rezoning ordinances within the County. These policies reflect the County's concern for the welfare of the broader community, as well as making requirements reasonable and equitable. "As such, rather than continuing to pursue only a time extension, the applicant believes it prudent to submit and have the County consider a request that attempts to more comprehensively address prevailing development and zoning policies. It is in that spirit that the applicant makes this request." Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. Over the years, the applicant has been before the Planning Commission, and the applicant has shown perseverance in managing the many requirements which they have to deal with. The applicant has either complied with or initiated the process of compliance with other conditions of approval within the subject ordinance. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 For your favorable consideration, a draft bill to amend Ordinance No. 91-22 is transmitted. We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, sN Kevin M. Balog, Chairman Planning Commission LHasek02.PC Enclosures cc: Mr. Sidney Fuke Mr. Alan Suwa Department of Public Works Department of Water Supply West Hawaii Office Department of Land & Natural Resources Kazu Hayashida, Director/DOT-Highways, Honolulu Office of Housing and Community Development -JUNCIL COPY DO NOT REMOVE Request to Amend Rezoning Ordinance No. 91-22 HASEKO (Hawaii). Inc.. TNIK: (3) 7-3-10: 27 ATTACH. C-827 (B-236) Request to Amend Rezoning Ordinance No. 91-22 HASEKO (Hawaii), Inc.. TMK: (3) 7-3-10: 27 APPLICATIQN FOR CHANGE OF ZONE COUNTY OF HAWAII PLANNING DEPARTMENT APPLICANT: Haseko (Hawaii), Inc. APPLICANT'S SIGNATURE see attached letter of authorization DATE: 1/7/98 ADDRESS: 820 Mililani Street, Suite 820 Honolulu, III 96813 LIST APPLICANT'S INTEREST IF NOT OWNER LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS Mr. Toru Nagayama, President Mr. Peter Herndon, Executive V-President Mr. Makoto Murakami, Vice-President TELEPHONE-SUSINESS:(808) 536-3771 RESIDENCE: REQUEST: Amendment to Zoning Conditions TO (Existing zoning Proposea zoning) TAX MAP KEY: 7-3-10: 27 (formerly portion of 27) AREA OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 125+ Acres LANDOWNER(S): Haseko (Hawaii) Inc OWNER'S SIGNATURE see attached letter DATE: (May be by letter) AGENT: Sidney Fuke , Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, H7 96720 TELEPHONE-BUSINESS: 969-1522 RESIDENCE: FAX 969-7996 Please indicate to whom original correspondence and copies should be sent. ORIGINAL Sidney Fuke COPIES Alan Sjjw. - (See Inst=crions in Hz HARD HASEKO (Hawaii). Inc. 820 Mililani Street. Suite 820. Honolulu. Hawaii 96813 Phone 18081 536-3771 Fax 18081 538-764 December 19, 1997 TO WHOM IT MAY CONCERN: Please be informed that we agree with the requested amendments to Ordinance No. 91-22, covering TMK: (3) 7-3-10:27, as contained in our planning consultant's letter to you. (See attached) Please be further informed that we hereby authorize our planning consultant, Sidney Fuke & Associates, to process said request. Sincerely yours, HASEKO (HAWAII), INC. Alan Suwa Project Manager cc: Sidney Fuke & Associates SidneyFuke&Associates 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Consulting Land Use Planners Telephone: 18081969-1522 0 Fax: 18081969-7996 January 5, 1998 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Request to Amend Rezoning Ordinance No. 91-22 HASEKO (Hawaii), Inc., TMK: (3) 7-3-10: 27 As you are aware, the applicant's request for a time extension was recently referred to your office by the County Council to update certain technical matters before final action is taken by the Council. In the meantime, through this office and in an October 30, 1997 letter, the applicant requested that this matter be deferred to enable the applicant to resubmit an entirely new package of amendments. After carefully considering the existing ordinance (Ordinance No. 91-22) and prevailing County policies, the applicant hereby requests the following: a. Withdrawal of the pending time extension request; and b. Your processing and favorable consideration of amendments to Ordinance No. 91-22 as described below. BACKGROUND OF THE REQUEST The need to comply with a number of conditions plus sagging economic conditions have made it difficult for the applicant to proceed with the development of the subject site in a timely fashion. As such, the applicant requested a time extension to Condition D which required the submittal of subdivision plans before September 9, 1992. The Planning Director issued a year's extension to September 9, 1993. In August 1993, the applicant then requested a time extension for both the submittal of subdivision plans (to September 1994) and multiple family plans (to September 1995). The Planning Commission recommended the approval of these extensions on April 14, 1994; and this matter was forwarded to the County Council. After some measure of consideration, the request was recently referred to your office by the Council for some technical update. Since the subject ordinance became effective on September 9, 1991, the County has articulated policies relating to matters such as no ohana covenants, incremental developments, infrastructural requirements, and the like through the adoption of rezoning Ms. Virginia Goldstein, Director January 5, 1998 Page 2 ordinances within the County. These policies reflect the County's concern for the welfare of the broader community, as well as making requirements reasonable and equitable. As such, rather than continuing to pursue only a time extension, the applicant believes it prudent to submit and have the County consider a request that attempts to more comprehensively address prevailing development and zoning policies. It is in that spirit that the applicant makes this request. NATURE OF REQUESTS 1. Incremental Zoning and Construction Timetable Conditions C through H relate to the construction timetable for the single- family, multiple-family, and commercially zoned areas. More specifically: • Condition C required that the single-family portion be developed in two increments, with actual housing construction performance requirement being the "trigger" for the second increment. • Condition D required the submittal of subdivision plans within a year of zoning approval and final approval secured within a year after tentative subdivision approval, • Conditions E & F required the submittal of plans for Plan Approval for the multiple family residential zoned area within two years of zoning approval and their construction within three years thereafter; and • Condition G, & H required the submittal of plans prior to receipt of final subdivision approval of the second increment and construction for the commercial complex completed three years thereafter.. What is being proposed here are the: a. Deletion of the incremental zoning and housing construction performance requirement and their re-wording to make it consistent with prevailing policies relative to infrastructure. Ms. Virginia Goldstein, Director January 5, 1998 Page 3 The concept of incremental zoning based on actual construction performance standards is no longer operable. The tests are more related to adequacy of infrastructure and a timetable that is consistent with the Subdivision Code. b. Re-wording the construction and performance requirements for the commercial and multiple-family residential area, as the existing timetable is not consistent with current practice; and c. Requiring the submittal of an overall master plan for the Planning Director's review and approval before the processing of any subdivision and/or development plans within the subject site. This would allow for a comprehensive rather than a piecemeal review of the entire property. 2. Infrastructural Requirements and Their Schedule Conditions I and J relate to drainage and roadway systems. Specifically: • Condition I generally referred to drainage systems being installed, and • Condition J required roadway improvements, street layouts, and on-site construction road. The applicant is proposing that there be more explicit articulation and clarification of the drainage and roadway requirements, including their construction timetable. Additionally, there would also be a new condition reflecting the development of a solid waste management plan. 3. Development and/or Design Requirements Conditions K & L relate to archaeological requirements, while Condition M addresses the affordable housing requirement. The issue of "ohana" housing was not addressed. As such, in this set of amendments, the following are being proposed: a. Updating Conditions K & L to make the reference to the appropriate agency more current, Ms. Virginia Goldstein, Director January 5, 1998 Page 4 b. Inclusion of a no-ohana or second dwelling provision as part of the restrictive covenants; and c. Updating the language of the affordable housing requirement. 4. Park Requirement Condition N required a 4-acre park. This portion is being amended to clarify when said park must be set aside and available. REQUESTED AMENDMENTS In view of the foregoing, the following amendments are being requested. Please note that the underscored items are the new language, while the bracketed [ ] items are to be deleted, and the italicized words reflect the entire amended condition: 1. Condition [D] C in conjunction with the submittal of plans for subdivision or plan approval review, a master plan of the subject property shall be filed with the Planning Director [plans for the first increment shall be submitted within one year from the effective date of the change of zone]. The master plan is intended to provide comprehensive design principles and guidelines for the development of the commercial and residential areas in a manner consistent with infrastructural requirements and the surrounding area. Final subdivision approval or final plan approval for any portion of the sulhject property .shall be secured within [one year] the ears from the effective date of [receipt of tentative subdivision approval] this amendment. 2. Condition [CI L) the Single Family Residential coned areas shall be subdivided in two increments. The first increment shall consist of a maximum of [55 contiguous acres and the second increment the remaining area. Subdivision plans shall be submitted for the second increment after development has occurred in the first increment as determined by the Planning Director. "Development" means that building permits have been issued for single family dwelling units and construction has been partially 4 Ms. Virginia Goldstein, Director January 5, 1998 Page 5 completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed within a given period. Such agreement shall be secured by a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment;] seventy-seven (77) residential lots based upon the units of water available and committed to the pplicant by the Department of Water Supply. Subdivision plans for the second increment shall be submitted only after the Department of Water Supply grants to the applicant the necessary water commitments for each of the proposed lots of the second increment. No variance from the minimum water requirements for any portion of the subiect property shall be granted. 3. Delete Conditions E through F in their entirety. 4. Condition [H] F, construction of the proposed development within the Neighborhood Commercial zoned area and Multiple-Family Residential area of the subiect ro er shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter, 5. Condition [11 F a drainage system shall be [installed] constructed meeting with the requirements of the Department of Public Works in conjunction with final subdivision approval or final plan approval for any portion of the subject prQperty; 6. Condition [J] G the main access road and interior subdivision roads to be dedicated to the County shall be provided with curbs, gutters and sidewalk improvements meeting with the approval of the Department of Ms. Virginia Goldstein, Director January 5, 1998 Page 6 Public Works. Further, as may be required by the Department of Public Works, the existing north-south roads of the Kona Palisades Subdivision shall be extended through the proposed development. Additionally, prior to occupancy permits for any multi family development, the subdivision road shall connect to Kaiminani Drive below the community center. Pending the completion of said subdivision road, if deemed appopriate by the D~partment of Public Works a construction road to accommodate construction traffic associated with on-site infrastruetural work shall be constructed from the makai end of the subject property to the actual area of development. 7. Add new Condition H A Solid Waste Management Plan for the subject property shall be submitted for review and approval by he Department of Public Works in conjunction with the submittal of subdivision plans or plan approval to the Planning Director. 8. Condition [K] 1 an archaeological data recovery and mitigatiowinterpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources Historic [Sites Section] Preservation Division,_ prior to submitting preliminary subdivision plans for any portion of the [first increment] sub ect proper or prior to any land preparation activity, whichever occurs first; 9. Re-letter Condition [L] to J 10. Add new Condition K Restrictive covenants in the deeds of all proposed residential lots within the RS zoned areas o the subject property shall prohibit the construction of an ohana or second dwelling unit when each lot is subdivided into the maximum density of its zoned district. A copy of the proposed covenants shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the qpplicant and the County and recorded Ms. Virginia Goldstein, Director January 5, 1998 Page 7 with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval. A copy of the recorded document shall be {led with the Planning Department upon its receipt from the Bureau of Conveyances. 11. Condition [M] L to ensure that the Goals and Policies of the Housing Element of'the General Plait are implemented the applicant shall [work with] secure the concurrence of the Offtee of Housing and Community Development [and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of the first increment provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property, provided, however, that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency] that the applicant's affordable housing requirements for the residential development of the subject operty, icy, have been mutually agreed to prior to final subdivision approval for any portion o the subject property,_ 12. Condition [N] M a minimum area of four acres to be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The [exact] location and configuration shall be determined at the time of [subdivision approval of Increment I of the Single Family Residential (RS) zoned area] submittal of the master plan described in Condition C herein. Minimum improvements shall be provided for the park area prior to issuance occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Ms. Virginia Goldstein, Director January 5, 1998 Page 8 Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the, following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the Countv has been reimbursed; 13. Re-letter remaining conditions accordingly. Please find attached a filing fee of $250 plus a letter of authorization from the landowner reflecting this request. Please also find a list of surrounding property owners within three hundred (300) feet of the perimeter boundary of the subject parcel. A notice of this filing will be mailed within ten (10) days of the date of its filing with your office. If you have questions or need additional information on this matter, please feel free to contact me. Thank you very much. Sincerely, A~ S 4NY Iv1. FUKE Planning Consultant enclosure cc Mr. Alan Suwa, Haseko (Hawaii), Inc. BHasek01. emm\ rhy-04\09\98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HASEKO (HAWAII), INC. AMENDMENT TO CONDITIONS C TO N OF CHANGE OF ZONE ORDINANCE NO. 91-22 (REZ NO. 6821 HASEKO (HAWAII), INC., has submitted a request for an amendment to Conditions C to N of Ordinance No. 91- 22, which reclassified lands from Unplanned (U) to Single Family Residential (RS-10 and RS-15), Multiple Family Residential (RM-4) and Neighborhood Commercial (CN-10) zoned districts. The amendment to the conditions relate to incremental development, performance, archaeological, park, housing and infrastructural requirements. The property is located adjacent and south of the Kona Palisades Subdivision, approximately 4,700 feet east (mauka) of the Ka'iminani Drive and Queen Ka'ahumanu Highway intersection, Kalaoa 5th, North Kona, Hawaii, TMK: 7-3-10:27. GENERAL. INFORMATION 1. Land Ownership: Haseko (Hawaii), Inc. is the owner of the subject property. 13ACKGROUND INFORMATION 2. February 6, 1990 - State Land Use Commission reclassified the approximately 125.04 acre project site from an Agricultural to Urban District. 3. March 15, 1991 - Change of Zone Ordinance No. 91-22 was approved by the County Council. (See Exhibit A) Approximately 125.041 acres of land were rezoned from Unplanned (U) to Single Family Residential (RS-10 and RS-15), Multiple Family Residential (RM-4) and Neighborhood Commercial (CN-10) zoned districts. The proposed development would consist of the following: a. 38 single family residential lots (15,000 square feet); b. 199 single family residential lots (10,000 square feet); C. 180+ multiple family residential town house units; d. Two park sites of which one 2-acre site would be developed to preserve an uhiuhi tree and another 3-acre site to be developed as an archaeological preserve; e. A neighborhood commercial center. 4. June 27, 1991 - Planning Director approves an administrative extension of time to comply with Condition B (consummate a water agreement). 5. September 9, 1991 - Water Agreement between the applicant and the Department of Water Supply executed in compliance with Condition B and therefore, said effective date of the zoning. 6. September 8, 1992 - Planning Director approves an administrative extension of time to comply with Condition D (submission of plans for first increment of Single Family Residential zoned area). 7. August 24, 1993 - Applicant submitted a request for an extension of time to comply with Conditions D and E. 8. April 14, 1994 - The Planning Commission recommended approval for time extensions to comply with Condition D (subdivision) and E (final plan approval.). 9. May 26, 1994 - The Planning Commission forwarded the time extension request to the County Council. 10. July 7, 1997 - The County Council referred Bill No. 310 (Draft 2) back to the Planning Department and Planning Commission with a request to have the titles and contents amended, and update information and comments from appropriate agencies. PROPOSED RFQ ES 11. Request: In a letter dated January 5, 1998, the applicant has requested amendments to Conditions C, D, H, I, J. K, M, and N; deletion of Conditions E to G, with new Conditions H & K; and re-alphabetizing of Conditions E to Q of Ordinance No. 91-22. (See Exhibit B - Letter dated January 5, 1998) 12. Objectives: "The need to comply with a number of conditions plus a sagging economic conditions have made it difficult for the applicant to proceed with the development of the subject site in a timely fashion. As such, the applicant requested a time extension to Condition D which required the submittal of subdivision plans before September 9, 1992. The Planning Director issued a year's extension to September 9, 1993. In August 1993, the applicant then requested a time extension for both the submittal of -2- subdivision plans (to September 1994) and multiple family plans (to September 1995). The Planning Commission recommended the approval of these extensions on April 14, 1994; and this matter was forwarded to the County Council. After some measure of consideration, the request was referred to your office by the Council for some technical update. "Since the subject ordinance became effective on September 9, 1991, the County has articulated policies relating to matters such as no ohana covenants, incremental developments, infrastructural requirements, and the like through the adoption of rezoning ordinances within the County. These policies reflect the County's concern for the welfare of the broader community, as well as making requirements reasonable and equitable. "As such, rather than continuing to pursue only a time extension, the applicant believes it prudent to submit and have the County consider a request that attempts to more comprehensively address prevailing development and zoning policies. It is in that spirit that the applicant makes this request." NATURE OF REQUEST 111. Incremental Zoning and Construction Timetable Conditions C through H relate to the construction timetable for the single- family, multiple-family, and commercially zoned areas. More specifically: • Condition C required that the single-family portion be developed in two increments, with actual housing construction performance requirement being the 'trigger' for the second increment; • Condition D required the submittal of subdivision plans within a year of zoning approval and final approval secured within a year after tentative subdivision approval; • Conditions E & F required the submittal of plans for Plan Approval for the multiple family residential zoned area within two years of zoning approval and their construction within three years thereafter; and • Condition G, & H required the submittal of plans prior to receipt of final subdivision approval of the second increment and construction for the -3- commercial complex completed three years thereafter. "What is being proposed here are the: a. Deletion of the incremental zoning and housing construction performance requirement and their re-wording to make it consistent with prevailing policies relative to infrastructure. The concept of incremental zoning based on actual construction performance standards is no longer operable. The tests are more related to adequacy of infrastructure and a timetable that is more consistent with the Subdivision Code. b. Re-wording the construction and performance requirements for the commercial and multiple-family residential area, as the existing timetable is not consistent with current practices; and c. Requiring the submittal of an overall master plan for the Planning Director's review and approval before the processing of any subdivision and/or development plans within the subject site. This would allow for a comprehensive rather than a piecemeal review of the entire property. "2. Infrastructure Requirements and Their Schedule Conditions I and J relate to drainage and roadway systems. Specifically: • Condition I generally referred to drainage systems being installed; and • Condition J required roadway improvements, street layouts, and on-site construction road. The applicant is proposing that there be more explicit articulation and clarification of the drainage and roadway requirements, including their construction timetable. Additionally, there would also be a new condition reflecting the development of a solid waste management plan. "I Development and/or Design Requirements Conditions K & L relate to archaeological requirements, while Condition M addresses the affordable housing requirement. The issue of 'ohana' housing was not addressed. As such, in this set of amendments, the following are being proposed: -4- a. Updating Conditions K & L to make the reference to the appropriate agency more current; b. Inclusion of a no-ohana or second dwelling provision as part of the restrictive covenants; and c. Updating the language of the affordable housing requirement "4. Park Requirement Condition N required a 4-are park. This portion is being amended to clarify when said park must be set aside and available. 13. General Plan Consistency: The Land Use Element goals, policies and courses of action for Single Family Residential Policies in 1971 stated: "To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County jbaJ (emphasis added) impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. * The County shall encourage more innovative uses of land with respect to geologic and topographic conditions through the use of residential cluster and planned unit developments. The clustering of residential units in sloping areas is a means of minimizing grading and drainage problems, preserving the natural appearance of the topography, preventing strip development, and making optimum uses of the terrain for buildings and open spaces. * The County shall encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through State Housing Programs. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * The County shall re-evaluate existing undeveloped single-family residential zoned areas and reallocate zoned lands in appropriate locations." -5- In 1989, the General Plan was amended to state: "To assure the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots, the County may (emphasis added) impose incremental and conditional zoning which would be based on performance requirements. This is to assure that a certain percentage of buildings will be constructed. * The County shall encourage more innovative uses of land with respect to geologic and topographic conditions through the use of residential cluster and planned unit developments. The clustering of residential units in sloping areas is a means of minimizing grading and drainage problems, preserving the natural appearance of the topography, preventing strip development, and making optimum uses of the terrain for buildings and open spaces. * The County shall encourage and coordinate with the State in providing fee simple and leasehold single-family residential lots to the residents through,'L= and/or County (emphasis added) Housing Programs. * The County shall incorporate reasonable flexibility in codes and ordinances to achieve a diversity of socio- economic housing mix and to permit aesthetic balance between single-family residential structures and open spaces. * The County shall re-evaluate existing undeveloped single-family residential zoned areas and reallocate zoned lands in appropriate locations." The incremental and performance conditions were a required step in zoning approvals. However, since the 1989 General Plan amendment, the mandatory requirement for incremental and performance standards changed to achieve a balance and the orderly use of single-family residential zoned areas and to curb speculation and resale of undeveloped lots. AGENCIES' COMMENTS 14. Department of Public Works (February 18, 1998 Memo): "We have reviewed the subject application and have no comments." 15. Real Property Tax Office (January 20, 1998 Memo): "There are no comments at this time. "Real Property taxes are paid through December 31, 1997. -6- 16. Police Department (January 15, 1998 Memo): "We have reviewed the amendment to the above-referenced change of zone ordinance and have no comments or objections to offer at this time." 17. Office of Housing and Community Development (January 15, 1998 Memo): "The Office of Housing and Community Development (OHCD) has reviewed the amendments for pending Change of Zone Ordinance No. 91-22. "With regard to Item 11. Condition [MIL the OHCD has no objections to the proposed amendments. "Thank you for the opportunity to comment." 18. Department of Education (January 30, 1998 Letter): "The Department of Education has no comment on the subject zone change application. "We will be requesting a meeting with the applicant to address the requirements of Condition No. 6 of Land Use Commission Docket No. A89-645 (relating to pro rata share for school facilities). Satisfaction of this condition is required by Condition O of Ordinance No. 9t-22. "Thank you for the opportunity to respond." 19. Department of Water Supply: (See Exhibit C - February 19, 1998 Memo) 20. Fire Department: (See Exhibit D - January 16, 1998 Memo) 21. Department of Health: (See Exhibit E - January 14, 1998 Memo) 22. Department of Transportation: (See Exhibit F - April 6, 1998 Letter) 23. Applicant's Response: (See Exhibit G - February 2, 1998 and March 2, 1998 Letters) AGENCIES - NO RESPONSE 24. Department of Parks and Recreation, Civil Defense Agency, and HELCO PUBLIC COMMENTS 25. The Department has not received any comments or objections from the public or adjacent land owners on the subject request. -7- COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-87 (NORTH KONA ZONE MAP) ARTICL:= 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO SINGLE FAMILY RESIDENTIAL (RS-10) AND (RS-15); h[ULTIPLE FAMILY RESIDENTIAL (R%1-4) AND NEIGHBORHOOD COMMERCIAL (CN-10) AT KALAOA 5TH, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-10:PORTION OF 27. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Single Family Residential (RS-10): Parcel 1: Beginning at the northeast corner of this parcel of land and on the south side of Ko'iko'i Street, _he coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,172.82 feet South and 17,340.54 feet West, thence running by azimuths measured clockwise from true South: 1. 4° 50' 878.74 feet along the remainder of Grant 2972 to Kaapau and Kama; 2. 96° 33' 38" 1,118.45 feet along a Homestead Road; 3. 98° 30' 02" 578.45 feet along a Homestead Road; 4. 970 56' 43" feet along a Homestead Road; 5. 94° 01' 14" 346.34 feet along a Homestead Road; 6. 202° 10' 483.79 feet along the remainder of Grant 2972 to Kaapau and Kama; 7. 112° 10' 2,469.10 feet along the remainder of Grant 2972 to Kaapau and Kama; 8. 1859 10' 313.71 feet along Government Land; 9. 292° 10' 2,495.82 feet along Kona Palisade, Unit III, File Plan 1146; 10. 2740 50' 2,704.74 feet along Kona Palisade, Unit III, File Plan 1146 and along Kona Palisade, Unit IT, File Plan 1087 to the point of beginning and containing an area of 69.429 Acres. (Refer to Parcel 1 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Single Family Residential (RS-15): Parcel 2: Beginning at the northwest corner of this parcel of land and on the south side of Ko'iko'i Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,172.82 feet South and 17,340.54 feet west, thence running by azimuths measured clockwise from true South: 1. 274° 50' 992.78 feet along Ko'iko'i Street and Lots 202, 201, 200, 199, 198, 197, 196, 195, 194, 193, 192, 191 and 190, Kona Palisades Subdivision, Unit IT, File Plan 1087; 2. 4" 50' 150.64 feet along the remainder of Grant 2972 to Kaapau and Kama (Lot 24, Pu'uhonua Subdivision, Phase I, File Plan 1988); -2- 3. 274° 50' 133.00 feet along same; 4. 4° 50' 125.50 feet along the remainder of Grant 2972 to Kaapau and Kama (Roadway Lot R-2, Pu'uhonua Subdivision, Phase I, File Plan 1988); 5. Thence along the remainder of Grant 2972 to Kaapau and Kama on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 52° 25' 44.30 feet; 6. 100 00' 60.00 feet along the remainder of Grant 2972 to Kaapau and Kama; 7. 280° 00' 10.85 feet along the remainder of Grant 2972 to Kaapau and Kama; B. Thence along the remainder of Grant 2972 to Kaapau and Kama on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 322° 25' 40.47 feet; 9. 40 50' 285.34 feet along the remainder of Grant 2972 to Kaapau and Kama; 10. Thence along the remainder of Grant 2972 to Kaapau and Kama (Roadway Lot R-3, Pu'uhonua Subdivision, Phase I, File Plan 1988) on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 50° 41' 49' 28.71 feet; 11. 96° 33' 38' 37.56 feet along the remainder of Grant 2972 to Kaapau and Kama; -3- 12. 6° 33' 38" 209.91 feet along the remainder of Grant 2972 to Kapaau and Kama (Roadway Lot R-5 and Lot 23, Pu'uhonua Subdivision, Phase I, File Plan 1988); 13. 96° 23' 21" 30.88 feet along a Homestead Road; 14. 96° 33' 38" 1,030.90 feet along a Homestead Road; 15. 184° 50' 878.74 feet along the remainder of Grant 2972 to Kaapau and Kama to the point of beginning and containing an area of 22.333 Acres. (Refer to Parcel 2 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Multiple Family Residential (RM-4): Parcel 3: Beginning at the southeast corner of this parcel of land and on the north side of a Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South and 20,806.56 feet West, thence running by azimuths measured clockwise from true South: 1. 94° 01' 14" 40.26 feet along a Homestead Road; 2. 1180 45' 54" 358.97 feet along a Homestead Road; 3. 1120 40' 1,377.75 feet along a Homestead Road; 4. 185° 10' 638.08 feet along a Government Land; 5. 2920 10' 1,959.10 feet along the remainder of Grant 2972 to Kaapau and Kama; 6. 22° 10' 650.94 feet along the remainder of Grant 2972 to Kaapau and Kama to the point of beginning and containing an area of 26.636 Acres. (Refer to Parcel 3 as shown on Exhibit "A") The district classification of the following area situated at Kalaoa 5th, North Kona, Hawaii, shall be Neighborhood Commercial (CN-10): Parcel 4: Beginning at the southwest corner of this parcel of land and on the north side of a Homestead Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being 7,657.68 feet South and 20,806.56 feet West, thence running by azimuths measured clockwise from true South: 1. 202° 10' 650.94 feet along the remainder of Grant 2972 to Kaapau and Kama; 2. 2920 10' 510.00 feet along the remainder of Grant 2972 to Kaapau and Kama; 3. 220 10' 483.79 feet along the remainder of Grant 2972 to Kaapau and Kama; 4. 940 01' 14" 536.69 feet along a Homestead Road to the point of beginning and containing an area of 6.643 Acres. (Refer to Parcel 4 as shown on Exhibit "A") All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the applicant shall -5- consummate a water agreement to provide water for the remaining units with the Department of Water Supply within ninety days from the date of approval of the change of zone. The zoning of the property shall not be in effect until the agreement is consummated; (C) the Single Family Residential zoned areas shall be subdivided in two increments. The first increment shall consist of a maximum of 55 contiguous acres and the second increment the remaining area. Subdivision plans shall be submitted for the second increment after development has occurred in the first increment as determined by the Planning Director. "Development" means that building permits have been issued for single family dwelling units and construction has been partially completed to the extent that roofs have been :onstructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed within a given period. Such agreement shall be secured by a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment; (D) subdivision plans for the first increment shall be submitted within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval; (E) plans for the Multiple Family Residential zoned area shall be submitted and Final Plan approval secured within two years from the effective date of the change of zone; (F) construction of the units within the Multiple Family Residential zoned area shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter; (G) plans for the Neighborhood Commercial zoned area shall be submitted and Final Plan Approval secured prior to receipt of Final Subdivision Approval for the second zoning increment of the RS zoned area; (H) construction of the proposed development within the Neighborhood Commercial zoned area shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter; (I) a drainage system shall be installed meeting with the requirements of the Department of Public Works; (J) the main access road and interior subdivision roads shall be provided with curbs, gutters and sidewalk improvements meeting with the approval of the Department of Public Works. Further, as may be required by the Department of Public Works, the existing north-south roads of the Kona Palisades Subdivision shall be extended through the proposed development. Additionally, prior to occupancy permits for any multi-family development the subdivision road shall connect to Kaiminani Drive below the community center. Pending the completion of said subdivision road, a construction road to accommodate construction traffic associated with on-site infrastructural work shall be constructed from the makai end of the subject property to the a actual area of development; (K) an archaeological data recovery and mitigation/interpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources, Historic Sites Section, prior to submitting preliminary subdivision plans of the first increment or prior to any land preparation activity, whichever occurs first; (L) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (M) to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of the first increment provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided, however, that the applicant may transfer ownership in the , property to an affiliate or in a manner consistent with prior representations to the County Housing Agency; (N) a minimum area of four acres be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The exact location and configuration shall be determined at the time of subdivision approval of Increment 1 of the Single Family Residential (RS) zoned area. Minimum improvements shall be provided for the park area prior to issuance of occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and/or prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department of Parks and Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity; and (2) empower the County, through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of -9- failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed; (O) comply with all other applicable laws, rules, regulations and requirements, including those of the State Land Use Commission; (P) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developers' election, be satisfied by the performance in accordance with the requirements of the Unified Impact'Fees Ordinance; (Q) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the, development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (R) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension ~~uld not be contrary to the original reasons for the granting of the permit; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicants should require an additional extension of time, the Planning Director shall submit the applicants' request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: 1~-T" - COUNC ' MEMBER, COUNT OF HAWAII Hilo, Hawaii Date of Introduction: February 20, 1991 Date of 1st Reading: February 20, 1991 Date of 2nd Reading: March 6, 1991 Effective Date: March 15, 1991 -11- r ti OI PARCEL I 'SOD' UNPLANNED (VJ TO SINGLE FAMILY ~s-moo tQESIDC-NTIAL CRS-IOj Ai2EA ' Ci°~.4'20 ACRES zE9 i O PARCEL ~ UNAL ONrv C.'~ ~ .u` ,..,a, ~ KO UNPLANNED CU) TO StN6t-6 J IOC NTIAL (IZS-IS) 2 FAMILY RIM'S AS~R EA ~.'~-333 AGT3 E'3 L31 pARCC-L ~ ul UN PLANK C-O (u) To MULTIPLE FAMILY RESI~CNTIAL (RM-4) AREA _ 'a6.6°JG ACii`6S n pARGCaL 4 c ~ G' T mq~~'\ 1JE16H 90RNO D COMMC-f?C1AL (CN-t0) E ,~.t ~OP`, AP-2 C-A = 6.643 ACRES n 7GS7 68 B 20 906 rsG "MO.q N•.IiAN CA p - AMENDMENT TO THE ZONING CODE AMENDING SCCTION --LS'-97 (NOR-rH KONA ZONE MF') ARTI CL-M: 3, CHAI°TER ZS (ZONING CODC) OF THE A' t-tAWAIi COUNTY CODE, S7 CHAfNSINS THe DISTRICT Ct.-ABSIFICPNTION FROM UNPLANNED (U) TO SINCSLE FAT~tI~-7 TQC51f7ENTfAL (1?5-10) AND MUI_TIF'L-E FAtytlt-T RESIDENTIAL (RM-4) As r-40 NCIGHL3O1?TiG)GC~ COMMEf?CtAt_ (CN-10) AT KALAOA STb-1, NOr?TH MONA HA?NAtI. PRE PAREt~ e-Y P~-ANNING DE PARTM6NT GOUNT7" OF HAWAtI . rg9o -'-.nom 7- 3 - to M. of -77 ocT- 21D Request to Amend Rezoning Ordinance No. 91-22 HASEKO (Hawaii). Inc.. TNIK: (3) 7-3-10: 27 E7C~#1B9~ 8 r •--_---•----N ?na C?ANG3 OF ZCNE OF Haseko (Hawaii), Inc. see attached letter of authorization DATE: i/7/c. y? = -~CAiIT' S SIGi7ATU-tE. 820 Mililani Street, Suite 020 Honolulu, HI 96813 Di ST A??L/CANT'S INTE?DST _F NOT OWNER T ?RINC_?Ai(S) INCIUDING NAMES OF MAIN OFFT_CERS Mr. Toru N'agayama, President Mr. Peter Herndon, Executive V-President Mr. Makoto Murakami, Vice-President TE.E_EON?-3IISZNESS :(808) 536-3771 RES_DENCE: '_~,UEST: Amendment to Zoning Conditions TO (Existing zoning) (Proposea zoning) yx Mkp g^Y: 7-3-10: 27 (formerlv portion of 271 AREA OF ?RO?ERTY OR AFFECTED AREA(S) TO BE REZONED: 125+ Acres LANDOWNER(S): Haseko (Hawaii) Inc. OWNER'S SIGNATURE see attached letter DATE: (May ce my ette_) AGE*: Sidney Fuke , Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 mE ^M=ONE_3USI;TESS: 969-1522 RESIDENCZ- FAX 969-7996 ?lease indicate to whop ot'_ainal correspondence and conies should be se-t. ORIG_NAL Sidney Fuke COP_ESAlan cnwa s (See Tins _cr HASEKO HARN ! H~~~au i. Int. 51-u Vi dani Street Suite 320 Honolulu Ha%~au ae~ 1 ; Phone i303! ;3o-3771 Fay i3031 X35-70;1 December 19, 1997 TO WHOM IT MAY CONCERN: Please be informed that we agree with the requested amendments to Ordinance No. 91-22, covering TMK: (3) 7-3-10:27, as contained in our planning consultants letter to you. (See attached) Please be further informed that we hereby authorize our planning consultant. Sidney Fuke & Associates, to process said request. Sincerely yours, HASEKO (HAWAII), INC. Alan Suwa Project Manager cc: Sidney Fuke & Associates r Sid neyFuke &Associates 100 Pauahi Street Suite 212 • Hilo, Hawaii 96720 Consulting Land Use Planners Telephone: (808) 969-1522 • Fax: (808) 969-7996 January 5, 1998 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Request to Amend Rezoning Ordinance No. 91-22 HASEKO (Hawaii). Inc.. TNIK: (3) 7-3-10: 27 As you are aware, the applicant's request for a time extension was recently referred to your office by the County Council to update certain technical matters before final action is taken by the Council. In the meantime, through this office and in an October 30, 1997 letter, the applicant requested that this matter be deferred to enable the applicant to resubmit an entirely new package of amendments. After carefully considering the existing ordinance (Ordinance No. 91-22) and prevailing County policies, the applicant hereby requests the following: a. Withdrawal of the pending time extension request; and b. Your processing and favorable consideration of amendments to Ordinance No. 91-22 as described below. BACKGROUND OF THE REQUEST The need to comply with a number of conditions plus sagging economic conditions have made it difficult for the applicant to proceed with the development of the subject site in, a timely fashion. As such, the applicant requested a time extension to Condition D which required the submittal of subdivision plans before September 9, 1992. The Planning Director issued a year's extension to September 9, 1993. In August 1993, the applicant then requested a time extension for both the submittal of subdivision plans (to September 1994) and multiple family plans (to September 1995). The Planning Commission recommended the approval of these extensions on April 14, 1994, and this matter was forwarded to the County Council. After some measure of consideration, the request was recently referred to your office by the Council for some technical update. Since the subject ordinance became effective on September 9, 1991, the County has articulated policies relating to matters such as no ohana covenants, incremental developments, infrastructural requirements, and the like through the adoption of rezoning EXHIBIT Ms. Virginia Goldstein, Director January 5, 1998 Page 2 ordinances within the County. These policies reflect the County's concern for the welfare of the broader community, as well as making requirements reasonable and equitable. As such, rather than continuing to pursue only a time extension, the applicant believes it prudent to submit and have the County consider a request that attempts to more comprehensively address prevailing development and zoning policies. It is in that spirit that the applicant makes this request. MATURE OF REQUESTS 1. Incremental Zoning and Construction Timetable Conditions C through H relate to the construction timetable for the single- family, multiple-family, and commercially zoned areas. More specifically: • Condition C required that the single-family portion be developed in two increments, with actual housing construction performance requirement being the "trigger" for the second increment; • Condition D required the submittal of subdivision plans within a year of zoning approval and final approval secured within a year after tentative subdivision approval; • Conditions E & F required the submittal of plans for Plan Approval for the multiple family residential zoned area within two years of zoning approval and their construction within three years thereafter; and • Condition G, & H required the submittal of plans prior to receipt of final subdivision approval of the second increment and construction for the commercial complex completed three years thereafter.. What is being proposed here are the: a. Deletion of the incremental zoning and housing construction performance requirement and their re-wording to make it consistent with prevailing policies relative to infrastructure. Ms. Virginia Goldstein, Director January 5, 1998 Page 3 The concept of incremental zoning based on actual construction performance standards is no longer operable. The tests are more related to adequacy of infrastructure and a timetable that is consistent with the Subdivision Code. b. Re-wording the construction and performance requirements for the commercial and multiple-family residential area, as the existing timetable is not consistent with current practice; and c. Requiring the submittal of an overall master plan for the Planning Director's review and approval before the processing of any subdivision and/or development plans within the subject site. This would allow for a comprehensive rather than a piecemeal review of the entire property. 2. Infrastructural Requirements and Their Schedule Conditions I and J relate to drainage and roadway systems. Specifically: • Condition I generally referred to drainage systems being installed, and Condition J required roadway improvements, street layouts, and on-site construction road. The applicant is proposing that there be more explicit articulation and clarification of the drainage and roadway requirements, including their construction timetable. Additionally, there would also be a new condition reflecting the development of a solid waste management plan. 3. Development and/or Design Requirements Conditions K & L relate to archaeological requirements, while Condition M addresses the affordable housing requirement. The issue of "ohana" housing was not addressed. As such, in this set of amendments, the following are being proposed: a. Updating Conditions K & L to make the reference to the appropriate agency more current; Ms. Virginia Goldstein, Director January 5, 1998 Page 4 b. Inclusion of a no-ohana or second dwelling provision as part of the restrictive covenants, and c. Updating the language of the affordable housing requirement. 4. Park Requirement Condition N required a 4-acre park. This portion is being amended to clarify when said park must be set aside and available. REQUESTED AMENDMENTS In view of the foregoing, the following amendments are being requested. Please note that the underscored items are the new language, while the bracketed [ J items are to be deleted, and the italicised words reflect the entire amended condition: 1. Condition [D] C in conjunction with the submittal of plans for subdivision or plan approval review, a master plan of the subject property shall be filed with the Planning Director (plans for the first increment shall be submitted within one year from the effective date of the change of zone]. The master plan is intended to provide comprehensive desiQnn principles and guidelines for the development of the commercial and residential areas tit a manner consistent with trdrastructural requirements and the surrounding area. Final subdivision approval or final plait approval for anv portion of the subject property shall be secured within (one year) five ears from the e ective date of [receipt of tentative subdivision approval] this amendment. 2. Condition [CID the Single Family Residential zoned areas shall be subdivided in two increments. The first increment shall consist of a maximum of [55 contiguous acres and the second increment the remaining area. Subdivision plans shall be submitted for the second increment after development has occurred in the first increment as determined by the Planning Director. "Development" means that building permits have been issued for single family dwelling units and construction has been partially Ms. Virginia Goldstein, Director January 5, 1998 Page 5 completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed within a given period. Such agreement shall be secured by a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment;] seventy-seven (77) residential lots based upon the units of water available and committed to the applicant by the Department of Water Supply. Subdivision plans for the second increment shall be submitted only after the Department of Water Supply grants to the applicant the necessary water commitments for each of the proposed lots of the second increment No variance from the minimum water requirements for anv portion of the subiect property shall be granted. 3. Delete Conditions E through in their entirety. //1ICC11~/ 4. Condition [ME construction of the proposed development within the Neighborhood Commercial zoned area and Multiple-Family Residential area of the subiect proper shall commence (building permit) within one year from the date of receipt of Final Plan Approval and be completed within three years thereafter; 5. Condition [I] F a drainage system shall be [installed] constructed meeting with the requirements of the Department of Public Works in conjunction with fit+al subdivision approval or final plan approval for any portion of the subieet property., 6. Condition [J] G the main access road and interior subdivision roads to be dedicated to the Coun shall be provided with curbs, gutters and sidewalk improvements meeting with the approval of the Department of Ms. Virginia Goldstein, Director January 5, 1998 Page 6 Public Works. Further, as may be required by the Department of Public Works, the existing north-south roads of the Kona Palisades Subdivision shall be extended through the proposed development. Additionally, prior to occupancy permits for any multi family development, the subdivision road shall connect to Kaimitnani Drive below the community center. Pending the completion of said subdivision road, if deemed appropriate by the Department of Public Works, a construction road to accommodate construction traffic associated with on-site infrastnrctural work shall be constructed from the makai end of the subject property to the actual area of development. 7. Add new Condition H A Solid Waste Uanaizement Plan for the subject property shall be submitted for review and approval by the Department of Public Works in conjunction with the submittal of subdivision plans or platy approval to the Plantrnrg Director. 8. Condition [K] I an archaeological data recovery and mitigatiorv interpretation plan shall be submitted for review and approval by the Planning Department, in consultation with the State Department of Land and Natural Resources Historic [Sites Section] Preservation Division. prior to submitting preliminary subdivision plans for any portjotr of the [first increment] subject r r or prior to any land preparation activity, whichever occurs first; 9. Re-letter Condition [L] to J 10. Add new Condition K Restrictive covenants in the deeds of all proposed residential lots within the RS zoned areas of the subiect property shall prohibit the construction of an ohana or second dwelling unit when each lot is subdivided into the maximum density of its zoned district. A copv of the proposed covenants shall be submitted to the Planninjz Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant(s) shall be recited in an instnrment executed by the applicant and the County and recorded a , Nis. Virginia Goldstein, Director January 5, 1998 Page 7 with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval A copv of the recorded document shall be filed with the Planning Department upon its receipt bom the Bureau of Convevances. 11. Condition [M] L to ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shall [work with] secure the concurrence of the Office of Housing and Community Development [and the Planning Department to formulate a housing plan for the development, which shall be consistent with the interim affordable housing policy of the County ws contained in the Hawaii County Housing Agency Resolution No. 65. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of the first increment provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided, however, that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency] that the applicant's affordable housing requirements for the residential development of the subieet property, if any, have been mutually agreed [o prior to final subdivision approval for anv Portion of the sublet property: 12 Condition [N] M a minimum area of four acres to be set aside within the area for active park uses. The park shall be kept in private ownership and maintenance until such time that the applicant intends to dedicate it to and with the acceptance of the County. The [exact] location and eotrfiguration shall be determined at the time of [subdivision approval of Increment I of the Single Family Residential (RS) zoned area] submittal of the master plait described in Condition C herein. Minimum improvements shall be provided for the park area prior to issuance occupancy permit for any development within the RM zoned area or prior to receipt of Final Subdivision Approval of the second increment for the Single Family Residential (RS) zoned area, and%r prior to the dedication to the County, whichever occurs first. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Directors of the Planning Department and the Department q f Parks and Ms. Virginia Goldstein, Director January 5, 1998 Page 8 Recreation. Until such time that the park is dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: (1) obligate the subdividers, purchasers, occupants, or association in the subdivision to maintain the private park in perpetuity: and (2) empower the County,. through the Director of the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the Comity in the event offailure by the .subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed: 13. Re-letter remaining conditions accordingly. Please find attached a filing fee of $250 plus a letter of authorization from the landowner reflecting this request. Please also find a list of surrounding property owners within three hundred (300) feet of the perimeter boundary of the subject parcel. A notice of this filing will be mailed within ten (10) days of the date of its filing with your office. If you have questions or need additional information on this matter, please feel free to contact me. Thank you very much. Sincerely, V~ S Y~M. FUKE Planning Consultant enclosure cc Mr. Alan Suwa, Haseko (Hawaii), Inc. f CI •IIFI t~ f 11 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 25 AUPUNI STREET • HILO, HAWAII 96720 wl •IP. TELEPHONE (808) 961-8660 FAX (808) 961-8657 February 19. 1998 T0: Planning Department FROM: Milton D. Pavao. Manager SUBJECT: CHANGE OF ZONE ORDINANCE NO. 91-22 (APPLICATION NO. 90-21) APPLICANT - HASEKO (HAWAII) INC. REQUEST: AMENDMENTS TO CONDITIONS C TO N TAX MAP KEY 7-3-010:PORTION OF 027 We have reviewed the subject request and have the following comments. Please be informed that seventy-two (72) additional units of water are available to the property through the developer's involvement in the Kona Booster Pump Improvement Program. For the applicant's information, the prevailing facilities charge. which is subject; to change. is 83,375.00 per additional unit. Further, the applicant. through an agreement with the Department of Water Supply, has committed to construct a ground water source situated in Honuaula. North Kona to bring water from this source to the Department's water system at the Mamalahoa Highway. The agreement specifies that Haseko (Hawaii), Inc., develop the ground water source. along with related water transmission and storage facilities in accordance with Department standards. In exchange for these improvements and upon dedication to the Water Commission. Haseko (Hawaii), Inc., will be entitled to 500 units of water for this development. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. M Pavao. P.E. Mara er WA: g EXHIBIT C copy - Haseko (Hawaii), Inc. Murray. Smith 8 Associates, Ltd/ f l/ ier brine progreee o. w Nelson M. Tsuji Stephen K. Yamashiro F;,e Chtel Mayor yry Edward Bumata k/~T Deputy Fire Chief 4911unfg of pftfllfttl FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane • Hilo, Hawaii 967204239 (808) 961.8297 • Fax (808) 961.82% January 16, 1998 / To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE ORDINANCE NO. 91-22 (REZ 682) APPLICANT: HASEKO (HAWAII), INC. REQUEST: AMENDMENTS TO CONDITIONS C TO N TAX MAP KEY: 7-3-10:PORTION OF 27 The Fire Department's requirements as stated in the Fire Code are: "Fire Apparatus Access Roads "Sec. 10.207. (a) General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 11(b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more than 150 feet from fire department vehicle access as measured by an unobstructed route around the exterior of the building. 11EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 112. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional faire protection as specified in Section 10.301 (b). 1 ~ . To: Virginia Goldstein, Planning Director Page 2 January 16, 1998 113. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. "More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. "For high-piled combustible storage, see Section 81.109. "(c) Width. The unobstructed width of a fire apparatus access road shall meet the requirements of the appropriate county jurisdiction. "(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. "EXCEPTION: Upon approval vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance. "(e) Permissible Modifications. Vertical clearances or widths required by this section may be increased when, in -the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. "(f) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities." (20 tons) "(g) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief." (45 feet) "(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. s To: Virginia Goldstein, Planning Director Page 3 January 16, 1998 "(i) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and using designed live loading sufficient to carry the imposed loads of fire apparatus. "(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief." (15,%) "(k) Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 11(1) Signs. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both." "INSTALLATION AND MAINTENANCE OF FIRE-PROTECTION, LIFE-SAFETY SYSTEMS AND APPLIANCES "Installation "Sec. 10.301. (a) Type Required. The chief shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief. "(b) Special Hazards. In occupancies of an especially hazardous nature or where special hazards exist in addition, to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos E To: Virginia Goldstein, Planning Director Page 4 January 16, 1998 blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when uniform Fire Code standards do not apply. "(c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions; of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable! of providing the required fire flow. "The location, number and type of fire hydrants connected, to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. E'(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 January 16, 1998 be subject to periodic tests as required herein. Plans and specifications shall be submitted to the fire department for review and approval prior to installation." Fire flow shall be in accordance with Water System Standard, State of Hawaii, 1985, Volume 1. NELSON M. T I Fire Chief NMT/mo f ~ i 9fo\.a (ALY,Y:4 BENJAMIN J. CAYETANO I LAWRENCE MAKE GOb ERNOR DIRc ` C7C3 Oc wEPLiH of ny~ STATE OF HAWAII DEPARTMENT OF HEALTH P0. BOX 916 HILO. HAWAII 96721 0916 MEMORANDUM DATE: January 14, 1998 TO: Virginia Goldstein Planning Director, County of Hawaii FROM: Aaron Ueno l~"t District Environmental Health Program Chief SUBJECT: Change of Zone Ordinance No. 91-22 (REZ 682) Applicant: Haseko (Hawaii), Inc. Request. Amendments to Conditions C to N Tax Mai) Kev: 7-3-10: Portion of 27 This office has no additional comments to those made previously. Reference is made to the August 11, 1989 and May 30, 1990 letters to the Planning Director. \\'PZO:REZ681mf ' - S MEMORANDUM: AU PLANNING DEPARTMENT - County of Hawaii. Hilo, Hawaii 96720 To: DPW P&R Dept. Of Agr. Dare: August 1, 1989 Date: DWS DOE HELCO-Eng. Dept. Hi Police Real Prop. Tax Div. Health 7 Fire DLNR (Honolulu) WIg1 N1 a~gE __,&D SWCD OHCD From: / Planning re or ~ECE`VE~, AuG Subject: C~ 11ASEK0 AWAII) , INC. State Land Use Boundary Amendment Agricultural-to Urban TMK: 7-3-10:Por. 27 Enclosed for your review and comments is a State Land Use Boundary Amendment request filed by Haseko (Hawaii), Inc. Since we have only one copy of the completed application with supporting documents, only portions of the application have been duplicated. The complete file is available for your review in our office. NH:lv Enclosures xc: West Hawaii Planning Coordinator w/encs. Municipa': dr,r..4r.g water an wastewater treatr..ent systcns or tlxir equivalents are reconmcn&d as t6: most appropriate altcrnaiives bec~ sc of t{ e nzr nit do of file pronoscd p.o~cct. The protected concern is the mainicrar::0 cf t!Te water quality of the receiving waters. Underground Injection Systems w7tcF recervd,_ wasta•: -aer or storm run-offs from the proposed _ dcve!opnznt ne-d to e~::ress ti;o requirements of Chapter 23, Hawaii Siate Department Of Health Adrinistrativa Rues, ,Tife ,Lf. "Uncjer- ground Injection Control". " MEMORANDU' ' MAC f PLANNING DEPARTMENT - County of Hawaii, Hilo, Hawaii 96720 TO: Date: See Listing Below RECEIVED May 29, 2990 90 JUN 1 4~ 8 ze From: tanning Director PLANNING DEPT. All Subject: ,OUNTy OF HAW Change of Zone Application (Docket R90-21) Applicant: Haseko (Hawaii), Inc. Unplanned to Rs-10, Rs-15, RM-2 and CN-10 Tax Map Rey: 7-3-10: Portion of 27 The attached application is being forwarded for your review. May we please have your written comments. Thank you very much. NH:aam Attachment DPW P & R POLICE FIRE DWS OHCD HIGHWAYS DLNR HEALTH ? DOE SOIL CONSERV. BONA OFFICE ` t./.cnicipa dri^':i.^.n N'."tfr a,d ,"as;ewafer' Sf30/~~ trCLi'1En'' L;lS~CCS rr e%r cqulvT!G'11s are rc =c.. m-, _ - _ } ~',-c'-i .-c Z, Underc-ourd Injection Sys?ems wFicF receive waste•:,ater or storm run-offs from the orrooosed deve:cpment need to a a cress the req ireme s c`.ed of Ci;apter 22, Hawaii State Department of r: the water, Health Administrativ qualii of :;ie rcccivin~ wvi rs. a Rues, Title -LI, "Under. ground Injection Control", c; r ,a1 ourinn gr::f:5ing and cradcg aciiv:;ir, e ^f "ie ron .-CT;mo s c, Adminutra tIvq (1O, Air Pallu- fi^n Control and !:i'- '•'.'.~sr~ ;,.iaaage. n,ent Control. Tka crcii:;• -'St erd erosion cor.molp!en in t:.eex,s,cc`.ie' ens s recommended. BENJAMINJ-CAVFTANC a <Aa,HA1^ GOVE0.NOP ~ f9~ :JIPE~ ' A~' JEPUtt01RcQCPS L } BRYAN K. MIN,U GLENNM CKIMCTC :2~ STATE OF HAWAII IN REPLY REFER TJ DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.8518 HONOLULU, HAWAII 96813-5097 April 6, 1998 Ms. Virginia Goldstein Director Planning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Ms. Goldstein: Subject: HASEKO (Hawaii), Inc. Change of Zone Ordinance No. 91-22 (REZ 682) TMK: 7-3-10: Por.27 Thank you for your letter requesting our review of the subject change. Our comments are as follows: 1. The subject development will have a significant impact on our transportation facilities in the area. The Traffic Impact Analysis Report (TIAR) for the subject development should be revised for our review and approval. It should address the impact the development will have on the intersections of Queen Kaahumanu Highway and Kaiminani Drive, Mamalahoa Highway and Kaiminani Drive, and Mamalahoa Highway and Ahikawa Drive. The developer should be responsible for mitigating the impacts attributable to his development. 2. No additional storm discharge shall be allowed onto the State's right-of-way. We will defer any further comments until we get an opportunity to review the TIAR. Very truly yours, KAZU HAYASHIDA Director of Transportation EXHIBIT SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Planning Variance Zoning Telephone: (808) 969.1522 • Fax: (808) 969.7996 Subdivision - land Use Permas Envlron nenlal Repot, 1 February 2, 1998' Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Subject: Rezoning Request (REZ 682), Haseko (Hawaii), Inc. Tax Map Key: 7-3-10: Portion of 27 Thank you for sending me comments from the Departments of Health and Fire regarding the subject matter. Please be informed that the requirements of the State Department of Health relative to construction mitigations, wastewater, and underground injection control systems will be complied with in conjunction with the permitting and development phases of this project. Likewise, the Fire Department's requirements relative to access standards and fire protective measures will be taken. Should you have further agency comments or questions on this application, please feel free to contact me again. Thank you very much. 'ncerel}~ 1 SIDNEY M. FUICE Planning Consultant cc Mr. Nelson Tsuji, County Fire Department Mr. Aaron Ueno, State Department of Health Mr. Alan Suwa, Haseko (Hawaii), Inc. E~HI81~ f SidneyFuke, Planning Consultant Ale 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Plonning Va,ance' Zoning Telephone: (808) 969-1522 • Fax: (808) 969-7996 Sulsc6ision hnd Use Permits ^ Environmental Reports March 2, 1998 Ms. Virginia Goldstein, Director Planning Department COUNTY OF HAWAII 25 Aupuni Street Hilo, HI 96720 Dear Ms. Goldstein: Subject: Amendment to Ordinance No. 91-22 (REZ 682) Haseko (Hawaii), Inc., TMK: 7-3-10: Portion of 27 This is in response to agency comments received to date regarding the subject matter. We note that the Department of Public Works, Real Property Tax Division, and Health Department had no comments on this matter. The County Office of Housing and Community Development and Police Department had no objections to the proposed amendments. The applicant is aware of the availability of 72 water commitments. Additional water commitments to support a total of 500 units would be available upon implementation of the agreement to construct a new ground water source in Honuaula, North Kona. The applicant is also presently working with the State Department of Education relative to payment of its pro rata share of school facilities. It is anticipated that this requirement will be satisfied very shortly. We trust that the aforementioned adequately respond to the agencies' comments. If not or if there are further questions, please feel free to contact this office. Thank you very much. Sincerely, Su PUKE Planning Consultant cc Mr. Alan Suwa, Haseko (Hawaii), Inc.