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HomeMy WebLinkAboutCOM 0873.000 1996-1998 I *;St! ~1_. William G. Davis Managing Director Stephen K. Yamashiro i. Mayor Henry Cho Deputy Managing Director h'er'M. dalutft Of 'Pidua t 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 r; May 29, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, Hl 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 90-144 (REZ 675) Applicant: Wainaku Congregation of Jehovah's Witnesses Request: Amend Condition B of Ordinance No. 90-144 to Allow for a Time Extension Tax Man Key 2-7-38:3 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. Sincerely, hen K. ashiro Mayor LW aina0l.MAY Enclosures cc: Planning Commission REZ 675 !31 I I ~5 _ tua~. P oa.... JUN 0 2____ ~g98 a Stephen K. Yamashiro • Mayor ~•M •Ma~~ fQII1t2TtV of 21.21 C,--fu T PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-352 (808) %1-8288 • Pax (808) %1.%15 MAY 2 9 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. 90-144 (REZ 675) Applicant: Wainaku Congregation of Jehovah's Witnesses Request: Amend Condition B of Ordinance No. 90-144 to Allow for a Time Extension Tax Map Key: 2-7-38:3 The Planning Commission, after a duly held public hearing on May 15, 1998, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B of Ordinance No. 90-144, which rezoned approximately 7.184 acres of land from Agricultural (A-20a) to Agricultural (A-3a). Specifically, the County Council's Committee on Planning referred Bill No. 52 and related communications back to the Planning Department to amend the title and content, to request updated agency information and comments, and for review by the Planning Commission. The property is located on the west side of the Old Mamalahoa Highway, approximately 1,200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, Hawaii. The Commission concurred with the following Planning Director's reasons for recommending favorable consideration of the request: Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan's Land Use Pattern Allocation Guide (LUPAG) Map designates this area for Low Density Urban Development. The County zoning district Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 is Agricultural-3a (A-3a). The proposed subdivision of the parcel into two lots, each approximately 3.5 acres in size, would not be contrary with these classification. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The applicant proposes to complete construction of a two lot subdivision in the Agricultural-3a (A-3a) zoned district, which is essentially the same as the one that the applicant proposed in 1989. Therefore, granting the applicant an extension in which to resubmit a subdivision application and to complete construction of the project would not be contrary to the original reasons for approving the change of zone. The applicant had initially submitted a Subdivision Application (SUB 91-168) on October 23, 1991, within the one year time frame called for by Ordinance No. 90-144. Tentative Subdivision Approval was granted on May 23, 1992; thus, Final Subdivision Approval was supposed to have been issued prior to May 23, 1993. The applicant's failure to obtain Final Subdivision Approval by May 23, 1993 resulted in the Subdivision Application 91-168 being declared null and void on February 9, 1994. The amendment to Condition B will allow the applicant to re-initiate the subdivision process. For your favorable consideration, an amendment to Ordinance No. 90-144, which reclassified 7.184 acres of land from Agricultural (A-20a) to Agricultural (A-3a) is transmitted. We are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Cha an Planning Commission t.WainaOLPC Enclosures cc: Mr. Charles Hao Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu Real Property Tax Office BWat=02.AGK-3/14/98 COUNTY OF HAWAII PLANNING DEPARTMENT UPDATED BACKGROUND REPORT WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES AMENDMENT TO CHANGE OF O ORDINANCE NO 90-144 (RE Z 6751 WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES is requesting an amendment to Condition B of Ordinance No. 90-144, which rezoned approximately 7.184 acres of land from Agrlculr.Lral (A-20a) to Agric-1hiril to-'%,) AdditiCnally Lhe County Council's Committee on Planning referred Bill No. 52 and related communications back to the Planning Department to amend the title and content, to request updated agency information and comments, and for review by the Planning Commission. The property is located on the west side of the Old Mamalahoa Highway, approximately 1,200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, Hawaii, TMK: 2-7-38:3. BACKGROUND INFORMATION 1. Favorable Recommendation of the Request by Planning Commission: At its January 26, 1995 meeting, the Planning Commission recommended approval of the applicant's request to amend Condition B of Ordinance No. 90-144 to allow for an extension of time to resubmit a subdivision application and subsequently to secure Final Subdivision Approval. ° 2. COUNTY COUNCIL: The request was forwarded to the County Council via Mayor Stephen Yamashiro on February 14, 1995. The request was sent to the Council's Committee on Planning, however, no action was taken. The application was returned to the Planning Commission from the Committee on Planning by letter dated July 7, 1997 to request updated information and comments from appropriate agencies. (See Exhibit A) APPLICANT'S RFQUES 3. Original Request Submitted in 1994: (See Exhibit B - Original Planning Director Background Report, Minutes of the November 17, 1994 and January 26, 1995 public hearings) ATTACH. C-873 (3-255) ACFNCIES' COMMENTS 4. Department of Public Works: (See Exhibit C - February 18, 1998 Memo) 5. Fire Department: (See Exhibit D - February 18, 1998 Memo) 6. Police Department (March 2, 1998 Memo): "We reviewed the request for an amendment for the above-referenced project and have no comments or objections to offer at this time." 7. Real Property Tax Office (February 23, 1998 Memo): "Current Real property :axes are paid through June 30, 1998." 8. State Department of Health (February 20, 1998 Memo): "The Department of Health found no environmental health concerns with regulatory implications in the submittals." 9. Department of Land and Natural Resources (February 25, 1998 Letter): "This is in reply to your Memorandum of February 13, 1998, regarding the above-referenced Change of Zone Ordinance. "We have no record of historic sites on the subject parcel. It is unlikely that any would still exist on this property, which according to the our records is old sugarcane cropland. Based on this information, we believe that the Change of Zone Ordinance will have 'no effect' on significant historic sites." AGENCIES NO RESPONSE 10. Department of Water Supply, Department of Agriculture, and Natural Resources Conservation Service -2- BWaimQ2.AGK-3114!98 COUNTY OF HAWAII PLANNING DEPARTMENT UPDATED BACKGROUND REPORT WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 90-144 QZZ 6751 WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES is requesting an amendment to Condition B of Ordinance No. 90-144, which rezoned approximately 7.184 acres of land from Agricultural (A-20a) to Agri_ultfilral (A-3a\_ Addition-ally., the County Council's Committee on Planning referred Bill No. 52 and related communications back to the Planning Department to amend the title and content, to request updated agency information and comments, and for review by the Planning Commission. The property is located on the west side of the Old Mamalahoa Highway, approximately 1,200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, Hawaii, TMK: 2-7-38:3. BACKGROUND INFORMATION 1. Favorable Recommendation of the Request by Planning Commission: At its January 26, 1995 meeting, the Planning Commission recommended approval of the applicant's request to amend Condition B of Ordinance No. 90-144 to allow for an extension of time to resubmit a subdivision application and subsequently to secure Final Subdivision Approval. ° 2. COUNTY COUNCIL: The request was forwarded to the County Council via Mayor Stephen Yamashiro on February 14, 1995. The request was sent to the Council's Committee on Planning, however, no action was taken. The application was returned to the Planning Commission from the Committee on Planning by letter dated July 7, 1997 to request updated information and comments from appropriate agencies. (See Exhibit A) APPLICANT'S REQUEST 3. Original Request Submitted in 1994: (See Exhibit B - Original Planning Director Background Report, Minutes of the November 17, 1994 and January 26, 1995 public hearings) ATTACH. C-873 (3-256) AGENCIES' COMMENTS 4. Department of Public Works: (See Exhibit C - February 18, 1998 Memo) 5. Fire Department: (See Exhibit D - February 18, 1998 Memo) 6. Police Department (March 2, 1998 Memo): "We reviewed the request for an amendment for the above-referenced project and have no comments or objections to offer at this time." 7. Real Property Tax Office (February 23, 1998 Memo): "Current Real Property taxes are paid through June 30, 1998. 8. State Department of Health (February 20, 1998 Memo): "The Department of Health found no environmental health concerns with regulatory implications in the submittals." 9. Department of Land and Natural Resources (February 25, 1998 Letter): "This is in reply to your Memorandum of February 13, 1998, regarding the above-referenced Change of Zone Ordinance. "We have no record of historic sites on the subject parcel. It is unlikely that any would still exist on this property, which according to the our records is old sugarcane cropland. Based on this information, we believe that the Change of Zone Ordinance will have 'no effect' on significant historic sites." AGENCIES NO RESPONSE 10. Department of Water Supply, Department of Agriculture, and Natural Resources Conservation Service -2- TV Of pI ~N 1k• 60F)BY JEAN LEITHEAD-TODD ~a~°%t• Phone: (SOH) 961-6267 Councilmember FAX: (808) 969-3291 COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 July 7, 1997 To: Virginia Goldstein, Director Department of Planning From: Bobby Jean Leithead-Todd, Chair /;J Committee on Planning Subject: Referrals to the Planning Department Regarding Previous Council Term Bills and Related Communications The Planning Committee, at its meeting held on July 1, 1997, moved to refer the following bills and related communications (enclosed) back to your department to have not only their titles and contents amended, but to also request updated information and comments from the appropriate agencies pertaining to each property (which may need to be reviewed by the Planning Commission for their recommendations). The bills and related communications are as follows: Comm. 233: ORDINANCE BILL AMENDING SECTION 25-115 (Bill 52) PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (1995) (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITION B OF ORDINANCE NO. 90-144, WHICH RECLASSIFIED 7.184 ACRES OF LAND FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT PAUKF_A, SOUTH HILO, TAX MAP KEY 2-7-38:3 /APPLICANT WAINAKU ('ONGREGATION OF JEHOVAH'S WITNESSES Comm. 233.01: From Joanne L. Griffin, dated March 13, 1995, (1995) opposing the application by Wainaku Congregation of Jehovah's Witnesses (Comm. 233/Bill 52). EXHIBIT `A Virginia Goldstein, Director July 7, 1997 Page 2 Comm. 535: ORDINANCE BILL AMENDING SECTION 25-103 (PUNA DISTRICT (Bill 126) ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE (1993) HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-la) AT KEAAU, PUNA (TMK: 1-6-141:10) APPLICANT: DENNIS K KAUINUI (APPROX 5,476 ACRES) Comm. 872: ORDINANCE BILL AMENDING SECTION 25-113 (SOUTH HILO (Bill 188) DISTRICT ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING (1995) CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-10a) TO AGRICULTURAL (A-5a) AT KAIEIE, SOUTH HILO, COVERED BY TMK 2-7-5:12 (APPROXIMATELY 13.576 ACRES) APPLICANT: KENNETH S YAMASHITA Bill 310: ORDINANCE BILL AMENDING CONDITIONS D (SUBMIT (Draft 2) SUBDIVISION PLANS) AND E (SECURE PLAN APPROVAL) OF (1994) ORDINANCE NO. 91-22, WHICH AMENDED SECTION 25-87 (NORTH KONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, WHICH RECLASSIFIED CERTAIN LANDS FROM AN UNPLANNED (U) TO A SINGLE FAMILY RESIDENTIAL (RS-10) AND (RS-15); MULTIPLE FAMILY RESIDENTIAL (RM-4) AND NEIGHBORHOOD COMMERCIAL (CN-10) ZONE DISTRICT AT KALAOA 5TH, NORTH KONA, COVERED BY TMK: 7-3-10:PORTION OF 27 APPLICANT: HASEKO (HAWAII) INC. Intr. by: Mr. Domingo 1st Reading: 11/16/94 If there are any questions, please call me at 961-8261. ac: Mayor Council Chair Enclosures • JM1 V O[ ,,,4 O William G. Das is Stephen K. Yamashiro .eta ~ax^x Di a::obla ror` t . : • Henry Cho ....•~i Deputy .N o~ox^x D.-e.:-. ~IILI2tf J of tzfuMit 25 Aupuni Street, Room 215 Hilo, Hawaii 967204252 - (808) 9618211 Fax (808) 961 6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 - Fax (808) 326.5663 February 17, 1995 o r- - c Honorable Elroy T.L. Osorio, Chairman _ r and Members of the County Council County of Hawaii - 25 Aupuni Street - Hilo, HI 96720 c Dear Chairman Osorio and Members: _ c U1 Change of Zone Ordinance No. 90-144 (REZ 675) Applicant: Wainaku Congregation of Jehovah's Witnesses Request: Amend Condition B of Ord. No. 90-144 to Allow for a Time Extension Tax Man Key: 2-7-38:3 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 to amend Condition B of Change of Zone Ordinance No. 90-144. Se hen K. Y Lashirc or CRK:syw LWAINA01.MAY Enclosures xc: Planning Commission REZ 675 6; ll S.~ Comm. No. eQ3"`3 Fi.d No.?~1141 F-, E. To: f pef. Data ,fEB 2 2 1995 ( t JYjV Or y~~ Stephen K, Yamashiro Mayor v.aunfV IIf'afuai PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hrwrii 96720-4252 (808) 961-8288 Fu (808) 961.9615 February 17, 1995 Honorable Elroy T. L. Osorio, Chairman and members of the county council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Osorio and Members: Change of Zone Ordinance No. 90-144 (REZ 675) Applicant: Wainaku Congregation of Jehovah's Witnesses Request: Amend Condition B of Ord. No. 90-144 to Allow for a Time Extension Tax Map Key: 2-7-38.3 The Planning Commission, after a duly held public hearing on January 26, 1995 voted to recommend for your approval the enclosed legislative bill to amend Condition B of Ordinance No. 90-144 to allow for a time extension. Ordinance No. 90-144 rezoned approximately 7.184 acres from Agricultural 20 acres (A-20a) to Agricultural 3 acres (A-3a). The project site is located on the mauka side of the Mamalahoa Highway, approximately 1200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan's LUPAG Map designates this area for Low Density Urban Development. The proposed subdivision of the parcel into two lots each approximately 3.5 acres in size would not be contrary with this classification. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone: The applicant proposes to complete construction of a two lot subdivision in the Agricultural 3 acre (A-3a) District, which is essentially the same as the one they proposed in 1989. The proposed use of the land has not changed; Honorable Elroy T. L. Osorio, Chairman and Members of the County Council Page 2 therefore, granting the applicant an extension in which to resubmit a subdivision application and to complete construction of the project would not be contrary to the original reasons for approving the change of zone. The applicant had initially submitted a Subdivision Application(91-168) on October 23, 1991, within the one year time frame called for by Ordinance 90-144. Tentative Approval was granted on May 23, 1992, thus, Final Subdivision Approval was supposed to have been issued prior to May 23, 1993. The applicant's failure to obtain Final Subdivision Approval by May 23, 1993 resulted in the Subdivision Application 91-168 being declared null and void on February 9, 1994. An amendment to Condition B will allow the applicant to re-initiate the subdivision process. For your favorable consideration, an amendment to Section 25-115, the Papaikou-Onomea Zone Map, of the County Zoning Code is transmitted. we are enclosing a copy of the application and a copy of the staff background for your information. Sincerely, Edward E. Crook, Vice Chairman Planning Commission CRK:smn LWaina02.PC Enclosures xc: Honorable Stephen K. Yamashiro, Mayor Planning Director Mr. Greg Lee Department of Public Works Department of Water Supply Subdivision Section Plan Approval Section COUNTY OF HAWAII STATE OF HAWAII BILL NO. 52 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO MODIFICATIONS OF CONDITION B OF ORDINANCE NO. 90-144, WHICH RECLASSIFIED 7.184 ACRES OF LAND FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT PAUKAA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-7-38:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 90-144 is amended as follows: "SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Paukaa, South Hilo, Hawaii, shall be Agricultural (A-3a): Beginning at the Northeast corner of this parcel of land, on the West side of Mamalahoa (Old Belt Road) Highway, and being the Southeast corner of Lot 4 of Paukaa Farm Lots, same being a portion of Royal Patent 8335, Land Commission Award 7715, Apana 16 to Lota Kamehameha (Certificate of Boundaries No. 181), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 25,231.52 feet South and 5,464.38 feet East, and thence running by azimuths measured clockwise from true South: 1. 344° 57' 152.63 feet along the west side of Mamalahoa (Old Belt Road) Highway; 2. 3470 00' 148.47 feet along the West side of Mamalahoa (Old Belt Road) Highway; 3. 72° 07' 82.77 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, L.C.Aw. 77.15, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 4. 63° 49' 49.70 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 5. 46° 42' 108.80 feet along the North boundary of Lots 17, 19 and 36 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 6. 36° 16' 172.60 feet along the North boundary of Lots 36 and 38 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 7. 460 40' 207.32 feet along the North boundary of Lots 38 and 48 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 8. 130 30' 62.90 feet along the West boundary of Lots 48 and 49 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 -2- to Lota Kamehameha (Certificate of Boundaries No. 181); 9. 5° 20' 82.30 feet along the west boundary of Lots 49 and 50 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 10. 18° 00' 30.00 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 11. 108° 00' 5.81 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 12. Thence along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the right with a radius of 180.00 feet, the chord azimuth and distance being: 134° 10' 30" 158.80 feet; -3- 13. 1600 21' 418.27 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 14. Thence along Lot 4 of Paukaa Farm Lots, same being a Portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the left with a radius of 450.00 feet, the chord azimuth and distance being: 2370 22' 30" 202.07 feet; 15. 224° 24' 194.00 feet along Lot 4 of Paukaa Farm Lots, same being a Portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 16. Thence along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 2430 25' 00" 195.51 feet; 17. 2620 26' 195.04 feet along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181) to the point of beginning and containing an area of 7.184 Acres. -4- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. "SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; (H) subdivision plans shall be submitted to the Planning Department within one year from the effective date of (the change of zone] this amendment. Final subdivision approval shall be secured within (one year from the date of receipt of tentative subdivision approval] five (5) Years from the effective date of this amendment; (C) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (D) access shall meet with the approval of the Department of Public Works; (E) all other applicable laws, rules, regulations and requirements shall be complied with, including those of the Department of Water Supply; (F) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, -5- z conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (G) 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 with and the Planning Director acknowledges that further reports are not required; (H) 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 not have been foreseen or are beyond the control of the applicant, 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 would not be contrary to the original reasons for the granting of the change of zone; -6- 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 applicant should require an additional extension of time, the Planning Director shall submit the applicant's 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 2. Material to be deleted is bracketed. New material is underscored. 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. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: APPROVED AS TO FORM AND LEGALITY: CORPORATION COUNSEL DATE: -8- A toe TRUE A-'1ee No1QTH SCAB-C I" > toe' \ A-tee A iCUL.TURAL-- (A-2oo~ To ^(Smi=uL-TURAI- (A a AR ~A1 n 7 IB4 ACRES .I / A ~Oe T' 1 A-tee '~P-/i s~OP I R -IS 23,2DIg2 ~ 3 464J` ~ R R6 I5 "ALALA" p A-3ee I ,py 74 ~~LcT ~ J~P~-aA IS APP i ON O A-1oe Rte- IS 129-1 s^ i Rte, sS Rop'o ~-'r`Ir LO ELT RD-fie HAvVA11-~s I I I ST Rg6 ~ Igoe K1.JIRA1•'1~ ~ ~ \ ~J I 1 I p RAJ-~20 r25-moo S I. A PAU KAA PoIt~T AMENDMENT TO THE ZONING CODE AMENDING SECTION -25-115 (PAPAIKOU-oNONtEA 2oNE N1A1=) ^RTfOL-= 5, =H^PTC>? ZS L-zVNINS CODE) OF THE h1AY4A11 cour-iTy =MOM, 87 CHAIVGIIVG TH1= 0157RiCT cI_ASStF1CATIaN FmOtvl AGRiCUL:ruRAI_ (A-'~Oet) '(-cam AGRICUL- 7-UrRAL AT PAUIKAA, SOUTH HIL01 HA1NA11. ~I P1FET~ARt=D B7' = P~-A1vN1NG ~~PAI~TMC-fYT GOUNTT OP HA1AlA11 aeb n JAN- 17, !°~°°,O XHIBIT °A° page 1 of 2 Joanne L. Griffin 401 Kulana Road fill 7 17 Hilo, HI 96720 „r • •.,aII March 13, 1Q95 Hawaii County Councilman Childs, Regarding Wainaku Congregation of Jehovah's Witnesses (WCJW) request for amendment to condition B of Ordinance No. 90-144 The County Council Planning Committee will be discussing the rezoning of TMK 2-7-38-3 on Thursday, March 16, 1995. 1 hope to be there to voice my objections to the rezoning and explain to the committee why the request for amendment to condition B of ordinance no. 90-144 should be DENIED. However, if circumstances should prevent me from attending the meeting, I would like the committee to understand that the neighbors of the WCJW do NOT support their proposal to rezone and sub-divide their property. The Jehovah's Witnesses Congregation was given the approval for rezoning subject to meeting a one year deadline. They have missed their deadline by more than two and a half years. This is not an insignificant technicality. The failure to meet all criteria of the rezoning should not be viewed as trivial. The housing and zoning situation in Hawaii County has changed over the past few years and decisions made a half decade ago may not be assumed to be in the best interest of the County in 1995. The County Department of Water supply stated in January 1990 that there was no water available to a sub-divided lot at TMK 2-7-38-3. The County Planning Commission recommended denial of the rezoning in 1990 because of the lack of water. In September 1990, the Department of Water Supply wrote a letter to Russell Kokobun, then Chairman of the County Council, stating that the WCJW could have an additional water meter for a sub-divided lot. No improvements were made to the Paukaa water supply infrastructure in this time. It appears that the WCJW put pressure on the Department of Water supply to change what was originally a sound decision. The community of Paukaa does not have adequate water supply. Many homes in t ie neighborhood have difficulty meeting the water RECEIVED 3 3 . o I Gomu. Tune By " Pile No. ' ro ~ 1_iot. Ta Presented P C_ County Council :Set. 11r r r r page 2 ul 2 needs of their families. The water pressure and volume are low. 1 worry that in case of fire, our fire hydrants may not supply fire fighters with adequate water. In 1990, the WCJW told the County Planning Commission that they needed to sell part of their land to raise money for an overspend on their parking lot construction and for a new fire hydrant in front of the church, required by the fire department. In our recent meeting with the elders of the WCJW, they said they needed to raise money to pay off their building loan; they did not mention the fire hydrant. The WCJW have not been totally honest about the purpose of the rezoning and subdivision except that it is to raise money. We would all like to be able to raise more money for ourselves, but this is not reason enough for an agricultural lot to be rezoned against the wishes and best interests of the community. . According to transcripts of the 1990 Planning Commission hearing on rezoning this parcel, the WOW have been mandated to put a fire hydrant in front of their church. Where will they get the water for this fire hydrant? There is not enough water for the existing residents of Paukaa. It does not seem that the Department of Water Supply has taken into account all the new demands on the community's water supply. The proposed shape of the sub-divided lot (a flag lot) is not acceptable to me. The proposed driveway to the new lot might not be paved. If not, it may raise dust in adjacent homes and may spill dirt and mud onto Kulana Road. If the driveway is paved, it will certainly introduce more water into the drainage ditch on the property. This drainage ditch is already overburdened. Currently the ditch is lined with trees planted by the WCJW. These trees are desirable as a visual and acoustic barrier between the church and the homes in the community. A driveway to access the proposed new lot would require removal of some of these trees. This would increase the negative impact the church has on the neighborhood. I appreciate the opportunity this to express my views on this subject. I hope the Hawaii County Council will DENY extension of the time limit on finalizing the sub-division and therefore NOT allow the rezoning to occur. Sincerely, Joanne L Griffin i BWAINOI.RKN 10-31-94 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES AMENDMENT TO CHANGE OF ZONE ORDINANCE 90-144 (REZ 675) Wainaku Congregation of Jehovah's Witness has submitted an application for an amendment to Change of Zone Ordinance 90-144 which changed the classification for approximately 7.184 acres from an Agricultural 20 acre (A-20a) to an Agricltural 3 acre (A- 3a) zoned district. The property is located on mauka side of the Mamalahoa Highway, approximately 1200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, TMK 2-7-38:3. PROTECT HISTORY 1. Ordinance No. 90-144 was adopted on November 21, 1990 by the County Council. (See Exhibit A) 2. Subdivision Application 91-168 for two 3.5 acre lots was received on October 23, 1991. 3. Tentative approval for Subdivision Application 91-168 was granted on May 23, 1992. (See Exhibit B) 4. Subdivision Application 91-168 was declared null and void on February 9, 1994. (See Exhibit C) 5. The request for an extension of time to secure Final Subdivision Approval was received on May 2, 1994. (See Exhibit D and Exhibit E) PROTECT DESCRIPTION 6. See Exhibit F (Original Planning Department Background Report) EXHIBIT AGENCIES COMMENTS NO COMMENTS AND/OR OBJECTIONS 7. Fire Department, Department of Public Works, Department of Water Supply, Police Department, Department of Land and Natural Resources, and Department of Health. -2- COUNTY OF HAWAII STATE OF HAWAII BILL NO. 238 (Draft 2) ORDINANCE NO. 90 144 AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT PAUKAA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-7-38:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Paukaa, South Hilo, Hawaii, shall be Agricultural (A-3a): Beginning at the Northeast corner of this parcel of land, on the West side of Mamalahoa (Old Belt Road) Highway, and being the Southeast corner of Lot 4 of Paukaa Farm Lots, same being a portion of Royal Patent 8335, Land Commission Award 7715, Apana 16 to Lota Kamehameha (Certificate of Boundaries No. 181), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 25,231.52 feet South and 5,464.38 feet East, and thence running by azimuths measured clockwise from true South: 1. 344° 57' 152.63 feet along the West side of Mamalahoa (Old Belt Road) Highway; 2. 3470 00' 148.47 feet along the West side of Mamalahoa (Old Belt Road) Highway; EXHIBIT A 3. 72° 07' 82.77 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, L.C.AW, 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 4. 630 49' 49.70 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, i L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 5. 460 42' 108.80 feet along the North boundary of Lots 17, 19 and 36 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 6. 360 16' 172.60 feet along the North boundary of Lots 36 and 38 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 7. 46° 40' 207.32 feet along the North boundary of Lots 38 and 48 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -2- 8. 13° 30' 62.90 feet along the West boundary of Lots 48 and 49 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 9. 50 20' 82.30 feet along the West boundary of Lots 49 and 50 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 10. 18° 00' 30.00 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 11. 1080 00' 5.81 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -3- 12. Thence along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.AW.-7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the right with a radius of 180.00 feet, the chord azimuth and distance being: 1340 10' 30" 158.80 feet; 13. 1600 21' 418.27 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 14. Thence along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the left with a radius of 450.00 feet, the chord azimuth and distance being: 237° 22' 30" 202.07 feet; 15. 224° 24' 194.00 feet along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -4- 16. Thence along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 2430 25' 00" 195.51 feet; 17. 2620 26' 195.04 feet along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181) to the point of beginning and containing an area of 7.184 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted to the Planning Department 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; (C) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (D) access shall meet with the approval of the Department of Public Works; (E) all other applicable laws, rules, regulations and requirements shall be -5- complied with, including those of the Department of Water Supply; (F) 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 developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees ordinance; (G) 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; (H) 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 not have been foreseen or are beyond the control of the applicant, 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 would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to -6- be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's 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 ore 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: COUNCIL MEMBER, CO LINTY OF HAWAII 1 ~ Hilo, Hawaii Date of Introduction: November 8, 1990 Date of 1st Reading: November 8, 1990 Date of 2nd Reading: November 21, 1990 Effective Date: November 30, 1990 -7- A 7m- VE A-,-.ee tZTN ~~~1- ScAtC I" = 400' A-2oa ~AGRiCULTURAL ((,q-"ZOQ~ ro A(Sml=uL.-ruRAL (A- u AI~t6A = 7184 AcRB°~ I / A-woe ' 7 S A-'aoo A-toe ~pP VP Prn P I s-IS ~s.~el.s~ 5 464 B E R515 "A~ALA" p A-~Oe F,g 7.5 6 SEC? ?Ji-Ar'P• 15 ~oKPP i ~O \ A-1ov Y ~S-IS NBA R9-ITi R9 t5 ROPE -yl LO ~~L"{ Rs-fie R 1 KUIKAHI 1~eq Re- p / 1 RS-tee FAUKAA PGItVT AMENDMENT TO THE ZONING CODE AMENDING SECT?oN 25-115 (PAPA1hCOU-ot~toi~t>=A ZONE MAP) ARTICLE CHAi'~Tt=TZ ~5 (ZONING CODE) OF= THE 1-IAYVAII =OUT.-r-/ CODE, sy CHANGING THE r->15TR1CT t=LA351FlCATldN FRO" AGMICULTUR^L- (A-o=Oq) -r1p AGRICUL- TURAL (A-3c+) AT PAtJICAA, SOUTH HILOl HAWA11. p1Ft=pAT2Et7 13Y = pLAt~tNING I~EpARTMC-NT CouNT7 oP 11AVVAf1 MtC = '2-7- 30 = 3 JAN- I7, t°~°.~~ HIBIT °A° J May 13, 1992 Mr. Donald James Murray Murray, Smith and Associates, Ltd. P.O. Box 863 Hilo, HI 96721 Dear Mr. Murray: Subdivider: Wainaku Congregation of Jehovah's Witnesses Proposed subdivision of Lot 3 Into Lots 3-A and 3-B, Being portion of L.P. 8336, L.C. Aw. 7715, Ap. 16 at Paukaa, South Hilo, Hawaii TMK• 2-7-38.03 (91-16B) Please be informed that tentative approval of the preliminary plat is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1. Pay installation and facilities charges as required by the Department of Water Supply. 2. Identify the location and direction of all watercourses or any areas subjected to inundation by a 100-year storm. Identify all such areas by drainage easements. 3. No additional storm runoff to adjacent properties or roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. 4. Indicate Q before and after subdivision development. No additional storm run-off to adjacent properties or roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. Indicate how this will be accomplished. EXHIBIT B Mr. Donald James Murray Page 2 May 13, 1992 5. Roadway design shall follow the standards of the "Hawaii Statewide Uniform Design Manual for Streets and Highways" and Chapter 23, Subdivision Control Code. 6. Submit drainage calculations and a flood control plan (local drainage and flood control provisions). In addition, submit data to substantiate if the existing 36" diameter culvert can dispose of the local drainage as well as the flows from the existing 24" diameter storm drainage pipe along the western edge of Mamalahoa Highway. 7. Provide a future road widening setback along Mamalahoa Highway that is equal to one-half the difference between the existing right-of-way and 60 feet. 8. Provide a minimum 20-foot curve radius at the intersection of Easement No. 3 and the future road widening setback along Mamalahoa Highway. 9. Provide a minimum 20-foot wide agricultural pavement within Easement Nos. 3 and 4 from Mamalahoa Highway to the western boundary of Lot 3-A. Where grades are 8-percent or greater, the roadway shall be built to paved standards of the Code. 10. Access to Lot 3-A shall be from existing Easement Nos. 3 and 4. 11. Submit a sight distance report consisting of the required and available sight distances at all access and intersection points. The required sight distances shall be based on the posted speed limit plus 5 Miles Per Hour (MPH). Adequate sight distances shall be provided at all access and intersection points or the proposed subdivision shall be reconfigured. 12. Submit construction plans for review and comments. 13. Comply with all conditions of approved Change of Zone Ordinance No. 90 144. 14. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 15. Submit nine (9) copies of the final plat map within one year from the date of tentative approval. If not, tentative approval to the preliminary map shall be deemed null and void. Only upon written request from the applicant and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. Mr. Donald James Mur,ay Page 3 May 13, 1992 Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director of Health, State of Hawaii. Furthermore, should dedication of roadways including drywells be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. You should be aware that if at any time during the fulfillment of the foregoing conditions that environmental problems emerge-- problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date--this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problem(s). The Planning Director shall confer with members of the Subdivision Technical Review Committee or other concerned agencies to resolve the problem and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic or Wally Matsunami of this office. Sincerely, NORIKAN K. HAYASHI 44 Planning Director EC:lm 5263D Attach. xc: 4 engineers Wainaku Congregation of Jehovah's Witnesses Rez. 675 February 9, 1994 Mr. Donald James Murray Murray, Smith and Associates, Ltd. P.O. Boa 863 Hilo, HI 96721 Dear Mr. Murray: Subdivider: Wainaku Congregation of Jehovah's Witnesses Proposed subdivision of Lot 3 Into Lots 3-A and 3-B Being portion of L.P. 8336, L.C. Aw. 7715, Ap. 16 Paukaa, South Hilo, Hawaii TMK• 2-7-38.03 (SUB 91-168) A review of our files shows that tentative approval for the subject subdivision was granted on May 13, 1992. Section 23-67 of the Subdivision Control Code states that: "The final plat shall be prepared and completed within one year following the tentative approval given on the preliminary plat by the director. if the final plat has not been filed within this period, the tentative approval of the preliminary plat shall be deemed void. A time extension, for good cause may be granted as provided under Section 23-72." To date, we have not received the final plat map. In view of the foregoing, we hereby deem the subdivision null and void and shall remove it from our active files. A new application, complete with filing fee, must be submitted to this office should you elect to pursue the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this office. rely, , Sip lannNng Director EC:lm 2588D(5) xc: 4 engineers EXHIBIT C Wainaku Congregation of Jehovah's Witnesses REZ 675 t r `1'ainaku Congregation of Jehovah's Witnesses 610 Wainaku Avenue • Hilo. Hawaii 96720 • (808) 935-3635 April 30, 1994 Ms. VIRGINIA GOLDSTEIN Planning Director 25 Aupuni Street, Room 109 Hilo, Hawaii 967204252 Dear Ms. Goldstein, RE: Wainaku Congregation of Jehovah's Witnesses Rezoning A-20a to A-3a (Ordinance No. 90-144) Tax Map Key : 2-7-38:3 We appreciate very much , you're time and effort in reviewing our files (Subdivision No. 91-168 and Rezoning No. 675). We wish to apologize at this time for our failure to comply fully with your conditions and requirements. There was a possible breakdown in communications between Our Engineer and Public Works. However, the primary reason in not meeting the deadline, is, we completely forgot about the one year time limit, after receiving tentative subdivision approval. We neglected in having a closer supervision of this project. As I mentioned in our previous conversation, we have no intent, as a congregation, subdividing with the idea of building and developing homes. Our objective, is to obtain County approval so we can sell that upper portion of land. The proceeds from that sale would be used to pay down our present mortgage and ease the congregation monthly expense, it will also help in doing necessary repairs, refurbishing and making necessary improvements of our Kingdom Hall. Therefore, at this time we wish make an application, to amend the time condition of Ordinance No. 90- 144, and pursue the Subdivision request. Enclosed are the appropriate copies of this request and the $100 filing fee. Again, Thank you very much for your thoughtful consideration to this matter. Sincerely, reg Lee Chairman, Operating Committee 260 Kaiulani St. Hilo, Hawaii 96772 Phone 935-9992 Enclosures EXHIBIT D 7Wanaku Congregation of Jehovah's Witnesses 610 Wainaku Avenue • Hilo, Hawaii 96720 • (808) 935.3440 June 30, 1994 Ms. VIRGINIA GOLDSTEIN Planning Director 25 Aupuni Street Room 109 Hilo, Hawaii 967204252 Dear Ms. Goldstein Re: Change of Zone Ordinance No. 90-144 (rez 675)\ _ Applicant : Wainaku Congregation of Jehovah's Witnesses Request: To Amend condition B of Ord. No. 90- 144 to allow for a time extension Tax Map Key: 2-7-38:3 We appreciate very much your letter dated May 31, 1994. Asper your request here is the status report on the steps our congregation has taken to fulfill the conditions required for final sub-division approval. Condition (A): We the applicant, successors or assignees will accept-the responsibility to comply with all of the stated conditions of approval. Condition (B): A Civil Engineer has been employed to meet the requirements of the County planning Department. Subdivision plans will be submitted to the planning department within one year, and final subdivision approval will be secured within one year from date of receipt of tentative subdivision approval. Condition (C): Services of South Pacific Geotechnical, Inc. (Kailua- Kona, Hawaii 96745; Telephone : (808)326-1648) have been employed and a 100-year Storm Water drainage study has been made identifying locations and direction of all water courses or any areas subjected to inundation by a 100-year storm. All drainage easement has been identified. Drainage calculations and a flood control plan has also been submitted with data to substantiate sufficient drainage flows. We will continue to meet any other requirements of the Department of Public Works. Condition (D): The proposed subdivision has a paved acceptable access on Kulana Street. Other directions from the Department of Public Works will be met. Condition (E): We will comply with all rules regulation and requirements including those of the Department of Water Supply. EXHIBIT E Conditions (F, G , H): We accept full responsibility to meet all demands, requirements and conditions as stated and will to the best of our ability comply with and satisfy such conditions and directions of all County Offices and Departments. We look forward to receiving notification as to the date of the hearing, and will meet the requirements to notify all owners of property within 300 feet of the perimeter boundary of the entire property of the hearing. Again thank you for your kind attention in this matter and response to our application. Sincerely, \ 1-~ Greg Lee Chairman, Operating Committee Wainaku Congregation of Jehovah's Witnesses 260 Kaiulani Street Hilo, Hawaii 96720 Phone 935-9992 2809Q-1/29/90 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES CHANGE OF ZONE APPLICATION 89 32 Wainaku Congregation of Jehovah's Witnesses has submitted an application for a change of zone for 7.18 acres of land from an Agricultural-20 acre (A-20a) to an Agricultural-3 acre (A-3a) zoned district. The property is located along the west (mauka) side of Kulana Road adjacent to and north of Paukaa Village, Paukaa, South Hilo, TMK: 2-7-38:03. PROPOSED DEVELOPMENT 1. In August 1987, Charles Ha'o, et al. of the Wainaku Congregation of Jehovah's Witnesses, purchased the subject property from Mauna Kea Agribusiness. 2. The applicant is proposing to subdivide the subject property into two 3.5-acre lots. The mauka (west) lot, which is vacant, would be sold to a number of prospective buyers whose tentative plans are to utilize the land for agricultural uses and to construct a single family residence. 3. In support of the request, the applicant submitted the following: EXHIBIT F "We need to sell the upper half of the subject property, approximately three acres, to help pay some loans connected with the existing building and to generate funds for the insallation [sic] of a future fire hydrant that has been required by the Fire Department. "The existing property is seven acres so the intent is to create two parcels, each about 3.5 acres. We do not intend to subdivide the proposed three acre parcels into smaller lots. There are a number of prospective buyers who are already interested in the portion we wish to sell and their tentative plans are to farm and build one residence. "We feel that the request is consistent with the general plan since it allows for future urban development. Also the subject property is directly adjacent to Paukaa Village. "We are located at the end of the County water main, so water is available, and a new power line is located on the lower half of the property. "Again, the main reason for our request is to generate funds for tFe congregation to meet our financial obligations." -2- STATE AND COUNTY PLANS 4. On November 14, 1989, the Revised General Plan was adopted by Ordinance No. 89 142 which also amended the LUPAG Map to reclassify the subject area from a designation of Intensive and Extensive Agricultural to Low Density Urban. 5. The property is situated within the State Land Use Agricultural (A) district. 6. The property is situated within the Rural South Hilo Planning Area of the Northeast Hawaii Community Development Plan. However, there is no zone guide map adopted for this area. 7. The property is located within an area zoned Agricultural 20-acres (A-20a) by the County. 8. On July 30, 1987, the Planning Commission voted to approve Special Permit No. 647 to allow the establishment of a church and related improvements on the subject parcel. The Permit was approved, in part, on the findings that the property, which has the capability for future agricultural activity, has been taken out of the Mauna Kea Sugar's agricultural production. The establishment of the church facility would serve to provide an additional physical buffer between the residential and agricultural activities in the area. It was determined that by reason of location and topography, the removal of this 7.18-acre parcel from the agricultural inventory will not have a detrimental impact on the agricultural resources of the area or the County. The permit was approved subject to, in part, a condition that would require the applicant to secure and submit to the Planning -3- L ` Director documentation from the Bishop Estate providing the Congregation a roadway easement through the Estate's parcel to the north. 9. The property is not within the Special Management Area (SMA). DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 10. There is an existing one-story church structure and two parsonages on the makai (east) portion of the subject property. According to original plans submitted to this office for Plan Approval review, fifty-one (51) paved, off-street parking stalls have been provided on the property. Prior to the construction of the church in 1988, the subject property was vacant, idle agricultural land. The parcel was formerly in sugar production. 11. The property is unlikely to have significant historic sites or endangered species of plants or animals due to the area being formerly in sugar cane production. 12. The U.S.D.A. Soil Conservation Service Soil Survey for the Island of Hawaii classifies the soil of the subject property to be of the Hilo Soil Series (HoC/HoD). These soils consist of well-drained silty clay loams. Permeability is rapid, runoff is slow and the erosion hazard is slight. This soil is used mostly W for sugarcane. 13. The Land Study Bureau Overall Master Productivity Rating for agricultural use is Class "C" or Fair. -4- 14. The parcel is located within an area classified as "Prime" according to the Agricultural Lands of Importance to the State of Hawaii (ALISH) map. 15. The property has a slope of 0 to 20 percent. 16. The Flood Insurance Rate Map (FIRM) designates the property as being located within an area outside of the 500-year flood plain (Zone X). 17. There is an existing ditch between the property and Paukaa Village which receives runoff water from the property and mauka lands. 18. Land adjacent to the subject parcel are zoned Single Family Residential-7,500 square foot (RS-7.5) to the south (Paukaa Village) with vacant agricultural lands zoned Agricultural-20 acres (A-20a) to the north, east and west. Kulana Road fronts the subject property to the east. Surrounding land uses in the immediate vicinity of the subject parcel include the residential subdivision of Honolii by the Sea to the northeast which maintains a zoning of Single Family Residential-15,000 square foot (RS-15). A portion of Paukaa Village is located to the southeast and is also zoned RS-15. Located to the southeast and east on the makai side of the Hawaii Belt Road are the Honolii Subdivision Tracts 1 and 2 which are zoned Single Family Residential-20,000 square foo-t (RS-20). UTILITIES AND SERVICES 19. Kulana Road, which fronts the subject property, is a County-maintained roadway with a pavement width of 14 feet within -5- a 40-foot right of way. Per agreement on file at the Planning Department, temporary primary access to the subject parcel will be from the Bishop Estate roadway (TMK: 2-7-03:24) to the north of the subject parcel to serve as its primary access from the Hawaii Belt Road. This roadway has a pavement width of 22 feet and intersects with Kulana Road. With the availability of this access to the church facility, the intent was to ensure that the vehicular traffic impact that would be generated would be minimal to the residential subdivision to the south of the subject parcel. 20. Water is not available to accommodate the proposed development. 21. There is an existing County sewer line along the northern boundary of Paukaa Village that is available to the subject property. 22. All other essential utilities and services are available. AGENCIES' COMMENTS 23. Department of Water Supply: "Please be informed that the Department's existing water system facilities cannot support the proposed subdivision at this time. Extensive improvements and additions, including source, storage, transmission, booster pump, and distribution facilities, must be constructed. Currently, sufficient funding is not available and no time schedule is set." -6- 24. Real Property Tax Division: "This parcel is not dedicated, nor is it in the Agricultural Use. There are no delinquent real property taxes." 25. Department of Public works: "1. All development generated runoff shall be disposed on site and shall not be directed toward any adjacent properties. "2. Applicant shall be informed that if drywells are included in the subject improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Dept. of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director of Health, State of Hawaii. "3. 'KUlana Road is a County road. The pavement width is 14' with 5' to 10' wide grassed shoulders." 26. Department of Health: "All wastewater generated by a building(s) located within or near proximity of an available public sewer as determined by the director, shall connect to the public sewer. Administrative Rules, Title 11, Chapter 62, Wastewater.' 27. Department of Land and Natural Resources: "HISTORIC SITES SECTION CONCERNS: We have no concerns as this is a paper action to subdivide and sell. Presumably, if the buyer of the -7- parcel comes back for a project, we will see it at that point." 28. Department of Agriculture: "According to the application, the applicant is requesting a change of zone (A-20a to A-3a) to make it possible to subdivide the subject property into two parcels with approximately 3.5 acres each. Our files indicate that the subject property had successfully requested for a Special Permit for the construction of a church facility. "Should a change of zone be approved, the applicant should be informed that any dwelling(s) constructed on the proposed lots must be accessory to an agricultural activity, pursuant to Section 205-2 of the Hawaii Revised Statutes." 29. Department of Transportation, Police, Parks and Recreation, Research and Development had no objections or comments. 30. Fire, Soil Conservation Service did not respond to the application. -8- PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT November 17, 1994 A regularly advertised hearing on the application of Wainaku Congregation of Jehovah's Witnesses was called to order at 12:05 a.m. in the County Building, Councilroom, 25 Aupuni Street, South Hilo, Hawaii, with Donald Manalili presiding. PRESENT: Donald Manalili ABSENT: Isaac Fiesta Eddie Alonzo Kevin Balog Ex-officio Member Edward E. Crook H. William Sewake Mary Katayama Melvin Martinson Sally Rice Wilton Wong Virginia Goldstein, Planning Director Rodney Nakano, Staff Planner Daryn Arai, Staff Planner Linda Copman, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Okada Representing Ex-officio Member Donna Kiyosaki And approximately 24 people from the public in attendance. MANALILI: We'll move on to Agenda Item No. 5. NAKANO: Mr. Chairman, Item No. 5 is an application of the Wainaku Congregation of Jehovah's Witnesses for an amendment to condition B of Ordinance No. 90-144 which rezoned approximately 7.184 acres from Agricultural 20 acres (A-20a) to Agricultural 3 acres (A-3a). The project site is located on the mauka side of the Mamalahoa Highway, approximately 1,200 feet from the Kahoa and Kulana Street intersection, at Paukaa, South Hilo, TMK: 2-7-38:3. Drawing the Commission's attention to the graphics, we have the locational map showing the site in cross-hatched red. This is on the mauka side of Kulana Street. The intersection of Kulana and Kahoa Street is shown at this Y; and this is the Hawaii Belt Road in the Hamakua direction and the Hilo direction, and the blue line signifies the shoreline. Over on this graphic, we have the proposal that the Church would like to construct. They propose to have roughly the 7 acre parcel be subdivided into two, approximately 3 1/2 acre lots. There is an existing Kingdom Hall located on the makai portion and what they're proposing to do is to: 1) subdivide it to have this roughly 3 1/2 acre parcel sold such that they would be able to finance their church activities. Further, by way of background, we have presented to you the chronology that's affected with this property. Initially, ordinance No. 90-144 was adopted by the County Council in November 21, 1990. The applicant submitted Subdivision Application 91-168 for 2 roughly 3 1/2 acre lots on October 23, 1991. They had received tentative approval for this proposed two lot subdivision on May 23, 1992, and were supposed to have completed, were supposed to have obtained Final Subdivision approval by May 23, 1993. However, by failing to do so, the subdivision application was declared null and void on February 9, 1994 and subsequently, this request for an extension of time was received on May 2, 1994. Upon reviewing the case, so to speak, and the materials that have been presented by the applicant, the Planning Director is recommending that the Planning Commission send a favorable recommendation on this request for an extension of time on to the County Council. The Planning Director is recommending that the time condition that is attached to the Ordinance 90-144 be amended, such that the applicants would be required to resubmit their subdivision application within one year from the granting of the amendment, and then to have the subdivision approved within five years from the date of that amendment. At this point in time, I'm ready to answer any questions that the commission may have. However, before proceeding, I'd like to note that we have also distributed some communications from a Mr. Ed Johnston. And I believe Mr. Johnston will be testifying. MANALILI: Thank you very much. Commissioners? Commissioner Rice. RICE: Rodney, were you aware of the problems delineated in Mr. Johnston's letter when you were working on this application? NAKANO: Yes. Again as a matter of history, when this change of zone application originally was processed, the Planning Director then, as well as the Planning Commission, both forwarded recommendations of denial on this change of zone. However, the County council, in their wisdom, granted the change of zone. So, it is an action that the Council had already made. And so, the discussion that Mr. Johnston presented has been considered, yes. RICE: But your original recommendation was denial? NAKANO: Yes. RICE: For some of these reasons that are delineated here or for other reasons? 2 5 NAKANO: For some of the reasons that is delineated. You know, at the present time the position is that the Church has had certain entitlements; and that at this point in time the opportunity to perform the, to carry forth their project as they had proposed, we believe that they still should be given that opportunity to do so. There was, on speaking on their behalf, there was some communication breakdown between the applicants, their consultants and the Department of Public Works and our department in the processing of the subdivision, which led to the declaration of the subdivision application being null and void. MANALILI: Will the applicant and/or his representative and all those wishing to testify on this agenda item, please stand and raise your right hand. The applicant or his representative can start moving forward. Do you swear or affirm to tell the truth before the Hawaii County Planning Commission? TESTIFIERS: I do. MANALILI: Thank you very much. Please state your name, resident address, and for the applicant, verify for us that you have received both the background report and the recommendation. Please proceed. HAO: Yes, I am Charlie Hao. I reside at 610 Wainaku Avenue, in Hilo. And we have received the recommendations. Mr. Chairman and members of the Commission, we are happy to hear the recommendation by the Planning Department and we agree with that. We also feel that there are conditions that have been attached to the recommendations, are acceptable to us. And so we are asking for your favorable vote on the extension of time to allow for us to complete subdivision approval. MANALILI: Thank you very much. Commissioners? The others who have raised up their hands to testify, come up in that order. NAKAMURA: Mr. Chairman. MANALILI: Please speak directly into the microphone. NAKAMURA: My name is Seiji Nakamura and I live in Paukaa for the last 45 years. I'm a member of the Pauka Community Association and a Board of Director member. I have here the original copy that the Church had applied for the Church and the two point something acres that was left on the top of the Church. I don't think you should allow any extension at this time, until we have enough water pressure in that area. Because I live in the bottom of the Pauka village and I have roughly about 50 lbs. of pressure. And that pressure didn't improve for the last 20 or so years already. On top of that, this hearing for the Church was in July 30, 1987. They had more than ample time to do anything if 3 4 they wanted to do something for the extra land they had on the mauka side. And the time left was so long, that now we have about 25 acres sold on the Hilo side of the village to five different persons. If they're going to divide that thing into subdivision of some sort, then we're going to have more problems with water. Presently, they have a large home coming up on the Pauka village itself, and ohana homes are coming up now in the Pauka village area. Before we go any further, I think we should stop and the County should access what's going on around there. As far as the Church, they've been very good. Our concern at the main hearing was that the Church keep the area clean so that we don't have any flooding. But I live on the makai side of the road, and I have lot of problems with flooding. Mamalahoa Highway, there was a small little culvert that pass right on the side of my house. And the area, well, the road has been quite heavily damaged since the water from their Church, from the tank they had put a line ditch that goes across the old road that was the Plantation Road and comes out on the Mamalahoa Highway. From the Church to the box culvert that was built in, I don't know when, when the road was made, was badly damaged. The water is running right down to that culvert, it's getting worse now. So I don't know what, as far as I think, what should be done is that you should delay that thing for a while. Thank you very much. MANALILI: Thank you Mr. Nakamura. Next. JOHNSTON: My name is Ed Johnston. I reside at 194 Kulana Road. I think for the sake of brevity, all of you have copies of the little communication that I had intended to read, so I'm not going read the whole thing. But I would like to reiterate that the original reason that 98 residents signed a petition opposing the construction of the church in 1987, was due to traffic on Kulana Road. And as a director, excuse me, as Vice President of the Paukaa Community Association, we are concerned with the safety issue along Kulana Road. I would see this proposed subdivision, possibly creating as many as eight more automobiles on Kulana Road. And, I should point out something that I didn't put in here and that is that our community association directors have made an effort to communicate with Charles Hao, inviting him to one director's meeting, and not hearing from him until the morning of that director's meeting, in which I called him and he said he couldn't attend. Then we wrote to him inviting him to another director's meeting and saying let's get together and discuss what the future is for your kingdom hall and so forth, so, as a community we can all maybe, see eye to eye on these things. And we, to this date, haven't heard back on that particular invitation. And, again, I want to reiterate just one quick thing, and that is that as a community association we all live in Paukaa. The Jehovah's witnesses that have their temple in our neighborhood, the vast majority, there are I'd say less than maybe two to three 4 S families that, at the most, live in our community that go to that temple. So they seek Kulana as a way to get their temple and we see it as a lot more than that. And, again, I urge you, if you want to come take a look, you'll see what I mean. It's a narrow road, with these old plantations houses right up on it. And I guess, what I would request is that, our community association have the opportunity to maybe work with Charles Hao. Thank you very much. MANALILI: Thank you very much. Next. OTA: My name is John Ota. I live at 1 Nanea Street in Paukaa. I've returned back to the Big Island about two years ago. My father originally lived in the house that I live in now, since early 1601s. When the idea of Jehovah's Witness was first brought up, he talked to me about the subject on one of my visits here. And at that time, there were many things that were discussed, one of them primarily being he was very much concerned about the amount of traffic that the parishioners would have, how it would impact Paukaa, what the water pressures were like. All of these things were discussed very heavily. One of the proposal was that the parishioners would use the Puueopaku side road that goes into Paukaa as their main entrance. And this was prior to them getting their approval to build the church. The church has not enforced this promise to the Paukaa community. They have let their parishioners use whatever road that was available for their own convenience to gain entrance to the church. I do not believe that the church has done anything to try and change that. The other thing is that we have tried to make contact with the church about the traffic problem, they have not responded. No response at all about any of the community concerns. I do not believe that they are residing in Paukaa with good faith, to try and work with the community at large. I believe this proposal should not be granted. MANALILI: Thank you very much. This is a public hearing, is there anyone in the audience who'd like to testify on this agenda item? Last call. I see no one. Commissioners? Commissioner Rice? RICE: Mr. Chairman, I don't, I feel uneasy about this. I'm not too sure what exactly we should do, but I personally am not ready to vote on this. I don't know that perhaps the site inspection would be warranted. I would defer them to the other commissioners because I would not be involved. But I think we need to discuss more before we do anything. MANALILI: Commissioner crook. CROOK: Mr. Chairman. I was wondering what response the applicant might have to these comments made by the three people that are opposed. 5 MANALILI: Okay, Mr. Hao, please respond to the concerns. HAO: Mr. Nakamura mentioned something about the water run-off there, that the culvert that he was referring to under the road is a 36-inch culvert. The engineer that we have been working with who generated the flood study for the entire project has declared that that culvert is able to handle whatever run-off that would generated during a 100-year storm. As far as the traffic condition there, it's true that some of the members do use Kulana Road, coming from the Hilo direction as their access. But in the beginning when we worked with the County on getting the Special Permit to build and to proceed from that point on, the condition was that the Paukaa approach would be the primary access and that has been complied with. It still is the primary access. The majority of the members all come through the Paukaa direction. Some of them who are up in years and they're afraid of the intersection down there where the cane road used to be going through Bishop property, do come through the, from the Hilo approach. MANALILI: Just one more question from Mr. Nakamura. The water pressure down to 50 lbs., did you follow up on that? HAO: We understand that there is a minimal water pressure in that area, but in working together with the Department of Water Supply, they see no problem at this point. And everything that we have gone through, they already, in the beginning when Special Permit was granted, they allowed for that complete project to have two meters. And so one meter is still allowable for the upper portion which we intend to sell. MANALILI: Thank you. Commissioner Crook, is that sufficient? CROOK: Yes. I wanted to ask the Planning Director if they were to sell that lower portion, that 3 1/2 acre parcel, the water pressure would be dealt with when they came in for zoning, if that were going to be developed as a subdivision, is that correct? GOLDSTEIN: Actually, it would be, the water question would be dealt with the subdivision application at that time. It seems that the zoning has already been granted. But before they could get final approval on their subdivision, they'd have to comply with the water situation. CROOK: So some developer couldn't go in there and reduce the pressure to 25 lb.? GOLDSTEIN: Well, no, there, I believe that the Water Supply has said that the pressure is insufficient, and some way or the other that's going to have to be resolved. 6 RICE: Mr. Chairman? MANALILI: Commissioner Rice? RICE: Mr. Hao, I wanted to ask a question. The community members seem to be willing to have further discussions with you to resolve some of these differences. On your behalf and the church's behalf, would you be willing to continue discussing their objections and working towards some kind of a resolution? HAO: Yes, we would be willing to do that. We apologize for the delay in responding to their invitation. But there's been so many other things that we've been working with, and so, we're sorry about that. But we'll be willing to sit with them and talk to them. But I think their main concern was the traffic generated through the area. But, again, if one were to take note of the actual site conditions when we have our meetings, you will see that primary flow of traffic is coming from Paukaa, excuse me, the Papaikou direction, from that access. RICE: But if these two lots were developed into homesites, then you would have that additional traffic as well, right? HAO: Yes. We intend to sell that upper portion only as one lot. And I understand that if anybody wanted to subdivide that upper portion, they would take some major changes there. They would have to install fire hydrants, and get water, sufficient water in that upper area. Right now, it has been designed to be a flag lot, so it has paved access. The pole of the flag touches Kulana Road, and we don't foresee any problem there. We see one owner maybe building a house or doing some farming. But anything down the road, we cannot foresee. But it doesn't seem likely that there will be a lot a traffic generated from the sale of the one parcel. MANALILI: Commissioner Crook. CROOK: In view of the fact that there seems to be some, I don't know if it's disagreement or misunderstanding, between the church and the neighbors, I would suggest that we would continue this hearing and allow them to get together and try to resolve their misunderstandings or differences and then come back to us in, perhaps the first meeting in Hilo in the coming year. MANALILI: I'll take that as entertainment for your motion. CROOK: Motion, yes. MARTINSON: I will second that motion. 7 MANALILI: Okay, it has been moved by Commissioner Crook and seconded by Commissioner Martinson that we continue this public hearing. Discussion? All those in favor say aye. COMMISSIONERS: Aye. MANALILI: Those oppose say no. Motion carried. You'll be notified of this action of continuance. Thank you very much. The discussion ended at 12:27 p.m. Respectfully submitted, Sandra Arriola, Transcriber A T T E S T: Sharon M. Nomura, Secretary Planning Commission 8 i PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT January 26, 1995 A regularly advertised hearing on the application of WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES was called to order at 10:03 a.m. in the County Council Building, Councilroom, 25 Aupuni Street, South Hilo, Hawaii, with Vice-Chairman Edward E. Crook presiding. PRESENT: Edward E. Crook ABSENT: Isaac Fiesta Eddie Alonzo Leonard Tanaka Kevin Balog Mary Katayama Melvin Martinson Lin McIntosh Wilton K. Wong Virginia Goldstein, Planning Director Daryn Arai, Staff Planner Connie Kiriu, Staff Planner Fred Giannini, Deputy Corporation Counsel Glenn Okada representing Ex-officio Member Donna Kiyosaki Craig Shimabukuro representing Ex-officio Member Milton Pavao (From 10:25 a.m. to 11:15 a.m.) And approximately 40 people from the public in attendance. VICE-CHAIRMAN: The first order of business is the Administrative Matters. I think we should go on with the regular business and delay the Administrative Matters until a later time. So, the first order of business will be the continuation of the application of WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES for an amendment to condition B of Ordinance No. 90-144 which rezoned approximately 7.184 acres from Agricultural-20 acres (A-20a) to Agricultural-3 acres (A-3a). The project site is located on the mauka side of the Mamalahoa Highway, approximately 1,200 feet from the Kahoa Street and Kulana Street intersection, Paukaa, South Hilo, TMK: 2-7-38:3. The status of the hearing is open. Staff. ARAI: Thank you, Mr. Chairman. To quickly orient you, once again, with the location of this property, the project site is indicated here in cross-hatched red; and it's located on the mauka side of Kulana Street, adjacent to the north of Paukaa 1 Village, which is indicated by this yellow color. Surrounding lands are designated Ag-20, as indicated by the olive color here. Looking at quickly looking at the location map, in November of 1990, the Applicant applied for and secured from the county Council approval for a Change of Zone to allow, to change the district classification of the property from an Ag-20 to an Ag-3 acre zoned district. This would allow the Applicant to subdivide this approximately 7-acre project site into two parcels. Located within the lower proposed parcel is the existing Jehovah Witnesses Kingdom Hall facility, as indicated here on the map. As a condition of approval of the change of zone, the ordinance required the Applicant to file and secure final subdivision approval of the property within a specified time frame. A subdivision application was submitted. Unfortunately, they failed to file the final plat map with the Planning Department in a timely manner, which resulted in the automatic null and void of the subdivision application. The substance of today's request is for a change of time extension to Condition B to allow the Applicant to re-file the subdivision application once again with the Planning Department and to secure its final approval. On November 17, 1994, the Commission did conduct the initial hearing on this particular request. However, due to concerns expressed by the surrounding community regarding the proposed development, the Commission elected to continue the public hearing to today to allow the Applicant and the Paukaa Community Association to get together to address some of these concerns. Since that hearing, we have received two letters, one from the Paukaa Community Association dated December 15, `94, and another letter from Oh, I'm sorry. The December 15 letter is from Charles Halo, the Applicant, and the January 26, `95 I'm sorry, I'm sorry, there's no date, but a more recent letter from Ed Johnston of the Paukaa Community Association. Both of these letters have been distributed to you for your review. The Planning Director's previous recommenda favorable recommendation of the time extension request has not changed. Do you have any questions? VICE-CHAIRMAN: Commissioners, any questions of the Staff? Would the Applicant or his representative please come forward. Would you swear and affirm that the testimony you are about to give is true and factual? HA'O: I do. VICE-CHAIRMAN: Please be seated. For you and for everyone here today, if you're going to testify, all of your testimony is 2 taped. The taping machine cannot see you, and so we need to ask you to state your name and your residence address before you begin your testimony so that your statement can be related to you at a later date, if necessary. So, please, before you begin, give me your name and your residence address, and speak directly into the microphone. HA'O: Yes, thank you. I am Charlie Ha'o. I reside at 610 Wainaku Avenue in Hilo. VICE-CHAIRMAN: Okay, before you begin, did you receive the Background Report and the Recommendations from the Planning Department? HA'O: Yes. VICE-CHAIRMAN: And you are agreeable with all of the recommendations and conditions therein? HA'O: Yes. VICE-CHAIRMAN: Yes, okay, please proceed. HA'O: We'd like to begin by restating the reason why we are intending to subdivide; it's merely to get rid of that upper portion of the property, the three acres, so that we can sell that off and to use the money to take care of some of the notes on the building that we're presently paying. And so that is the reason why. It's not to create future lots above the proposed parcel in order to sell off and to make money, but it's only to get rid of the three acres there. Since our previous hearing, we have met with the Paukaa Community Association, and we were happy to do that. They were able to discuss with us some of their concerns, and that meeting ended in a positive note. We agreed that we would write a letter to the Association and do whatever we could to cooperate, to relieve some of their concerns. So, thereafter, we wrote the letter, and that is the one dated December 15, 1994, to the Association, stating some of the concessions that we were willing to make to ease their concerns. Since then, they have also presented a few more things that they would like to see done, that they are concerned about, and so they wrote the January 20th letter to us, which we got last week, and we were able to respond to that, this recent letter by phone. I talked to Ed Johnston, who is with the Association, after we received that letter. So by phone we were able to cover some of the concerns, the additional concerns that they have. And, at this time, I'd like to just take out that letter and maybe go down the list here, there are a number of things that they have mentioned, and then we can comment on each one of them. Mainly, we see right there, the water pressure 3 .d volume, the new driveway that may develop if the parcel is divided, they're concerned about the drainage ditch between our property and the Village, and they would like to see just one home being built on the top without any ohana provisions. So, to start at the top of the list, when I talked, spoke to Ed Johnston the other day, I wasn't able to comment on this one positively, but since then, I've talked to Craig Shimabukuro at the Department of Water Supply, who is one of the engineers there. And we put the question to him, you know, what would happen if there was one more 5/8 meter installed at the bottom on the hill? How adversely would it affect the water pressure volume in that area? And he took a few minutes to study the situation and responded that there would be no problem. So we'd just like to mention that right off that this is from the Department of Water Supply. The new driveway that is a possibility along the south side of the parking area, maybe we can explain this, too. We've created sort of like a flag lot situation there. And the only reason why we created that design, the flag lot, is because Public Works is requiring that the new property or the subdivided property have paved access. And so that's the only reason why we did that, with a pole coming down alongside of that ditch and touching Kulana Road, which would be the only way that we could satisfy that condition that the property needs paved access. Whoever buys the property from us can approach their property any way they want; they don't have to go through the front there. They don't have to use that driveway. They can go up the gravel road on the Hamakua side or they could go through the Village itself, which also is another access to the upper area of the property. So, it is not our intent, you know, that there will be a driveway there. The owner may decide to do that. But as far as, up to this point, we have no control over that. But we'd just like to offer that they do have a number of options there as far as approaching the property on the top of the hill. The drainage ditch has always been a concern for the neighborhood, and we understand why. That's because some years ago, when there was a heavy storm, a banana tree broke loose at the upper end of the ditch, came down and plugged the culvert. So everything backed up and the house right there on the bottom got inundated in the basement. And I believe Mr. Nakamura, across the road, had some damage to his property, too, because of that, the water overflowing onto his side. And we since we've acquired the property, we have done our best to keep the ditch clear every so often, periodically inspecting the ditch to make sure that there were no banana trees or heavy debris that had fallen into the ditch. We are offering that in our deed. When we go to sell the property, we can use, include this possibly as a covenant in the deed that the new owner give us permission to 4 C periodically inspect the ditch since, legally, we can't get on his property without permission. So that's what we wish to do. We wish to secure, somehow, permission from the owner to inspect it periodically, as we have been doing in the past, so that we can alleviate that situation, the concern over the ditch. The last point that was mentioned there in the letter has to do with the no ohana situation, and we are intending to also include this in the deed, as a covenant, which would possibly make it legally binding to the new owner. So, I hope these concessions, you know, will help to alleviate the situation and to relieve some of the concerns of the community. VICE-CHAIRMAN: What is the date of that letter? HA'O: January 20th. VICE-CHAIRMAN: Twentieth? HA'O: This is from Ed Johnston to us. VICE-CHAIRMAN: I don't seem to have a copy of that. Does anyone of the other Commissioners have that letter dated January 20th? GIANNINI: Twenty-sixth. VICE-CHAIRMAN: Twenty-sixth? Oh, this one, 26th. HA'O: Well, this is our recent letter from the Association. They had mentioned some additional concerns, even after we wrote the first letter to them. So I guess there's a few loose ends maybe we failed to comment on. VICE-CHAIRMAN: Okay, well, I guess GOLDSTEIN: Excuse me. So you have a separate letter from January 20th from the Community Association to you or to the commission? HA'O: No, this is directly to me. GOLDSTEIN: Oh, I see. HA'O: Yeah. GOLDSTEIN: Okay. HA'O: Yes. 5 e VICE-CHAIRMAN: It looks like we don't have a copy of that. Could you make a copy of that available so that we can have it in our record? HA'O: Okay, yes. I'm sure some of the people here from the Association have a copy of that letter with them, too. VICE-CHAIRMAN: Would the Staff see that we have a copy of it? ARAI: Yes, we will. VICE-CHAIRMAN: Do any Commissioners have any questions of the Applicant at this time? GOLDSTEIN: I do, as a matter of clarification. We received a copy of your letter of December 15th to the Paukaa Community Association. And in that letter you said that you would include in your agreement of sale, you know, of the single parcel, that the new owner would be responsible for the upkeep of the ditch. However, in your testimony today, you're also that's been revised? Am I to HA'O: Yes. GOLDSTEIN: Understand that, that instead you would include in the deed, itself HA'O: Yes, yes. GOLDSTEIN: A restriction so that the church would be responsible for periodic inspection and maintenance? HA'O: Yes. GOLDSTEIN: Okay. HA'O: To get permission from the new owner. GOLDSTEIN: Right, okay. HA'O: So that we don't do something that's, you know, that they don't want. GOLDSTEIN: Okay. HA'O: But, yes, we have revised that, because maybe we stated it, it wasn't exactly the way it should have been stated - GOLDSTEIN: Okay. 6 C HA'O: At the beginning. VICE-CHAIRMAN: That will have to be added to the conditions with the date? GOLDSTEIN: It might I'd have to think about that one. VICE-CHAIRMAN: Okay. Do any of the Commissioners have questions of the Applicant? If not, there's four people from the audience who wish to testify, Mr. Nakamura, John Ota, John Johnston Ed Johnston, and Joanne Griffin. Would these four people stand and be sworn. Would you raise your right hand, please. Do you swear and affirm that the testimony you are about to give will be true and factual? TESTIFIERS: I do. VICE-CHAIRMAN: Would the first two, Mr. Nakamura and John Ota, come forward first; you can sit up here at the table. Please speak directly into the microphone and give me your name and your residence address before you begin. NAKAMURA: My name is Seiji Nakamura. I live at 408 Kulana Road, that's Paukaa, and my phone number is 935-5058. VICE-CHAIRMAN: Okay, please be seated. NAKAMURA: I live right on the Kulana Road, on the makai side of the Jehovah's Witnesses church; and there's a ditch running on the side of my house; and on Mamalahoa Highway at Kulana Road there's a 36-inch culvert going underneath. See, that ditch overflowed not once, a few times or more. Whenever there's some sort of rubbish that floods the ditch, it backs up right to two homes over there, goes down through Mr. Ota's yard, and will damage my driveway. If you check with Public Works, you can see how many times the backhoe had to come over there and clean that ditch. At the time the church applied for in 1987, 1987, on July 30th, they told us that they have approximately a little over seven acres of land that they'll make use for building their church; but now they're saying that they have three point some odd acres they can sell. Well, at that time, they told us that they'll be having about two acres extra and they'll sell it to the church members. As far as they sell off that land, I, for one, don't care for it, but the idea of making a roadway coming down on the side of the ditch, and my driveway is not more than 100 feet away on the opposite side of what they're thinking about. At the time this church was built, there were only three concerns for the public over there, that was the traffic and the overflowing of the ditch. And the church, at that time, told us 7 e that they'll be responsible for the ditch, itself, so they'll be cleaning at all times so we don't have any problem. They've done pretty well because we didn't have any problem after they moved in. As far as the traffic of that situation on the road on Sundays when they have their church, we were told that they have an agreement with the Kamehameha School that they'll have the traffic come on the Hamakua side of the road to the church. But I know since we had the Paukaa Community Association, we had two or three times that they sent a communique to them to remind the members to, you know, get the traffic to go on the Hamakua side of the church so that we won't have any problem with their traffic. That's all about that's about all I have to say. VICE-CHAIRMAN: Thank you, sir. You're John Ota? OTA: Right. VICE-CHAIRMAN: Yes, okay. Give me your name and your residence address. OTA: My name is John Ota. I live at 1 Nanea Street, Hilo, Hawaii; it's actually in Paukaa. My concerns about this request for subdivision is about three major items that I'd like to address. I think one of the first ones is that the request for this subdivision, the original request, was for seven acres, and I believe the requestor up here this morning said that it was now for three acres. Is this a conflict of interest? But the other point is that the water pressure up in Paukaa, at best, when it has heavy usage, is very, very minimal. There are times when the water pressure is low enough, you open your faucet wide open and the water comes out at a fairly steady stream but there's no pressure behind it. Whether this is adequate enough for the existing community to operate under this condition or not, I'm not sure what the County thinks. However, I might point out that the fire hydrants, the two fire hydrants that is located within the community, these fire hydrants, by what I understand from the Fire Department, talking to one of the captains of the Fire Department, is that if the water pressure is low or the flow is inadequate, that they must normally compromise the number of fire hoses that they can attach to, on the truck, to use in case of a fire. Now, all fire trucks need so much volume of water, so much pressure, to have a very good stream of water come out at the nozzle. Whether the water pressure and flow is adequate for Paukaa Community or for Hilo, I'm not sure. I've asked the Planning Director if the County of Hawaii has some sort of a minimum water pressure and flow for any of these fire hydrants; 8 i and I believe the answer was I don't really know." Some of the other places I've been in the mainland, that I've lived for many years, have this as a very minimum. Whether the County will upgrade it or whether the County will keep on sending fire truck, water tankers with the fire truck, I'm not sure. But when the Fire Department cannot adequately react to an emergency and the building burns down because they could only use one nozzle, I think that should be a concern to the County. The other problem is with the drainage ditch. The proposed road that is to be built by Jehovah's Witnesses or whoever purchases the three-acre parcel, if that road is built, it would mean that much more square footage of land that the rain or water or whatever will not be able to go into the ground; it will overflow that much more water into the ditch. Last year, during the heavy rainy season, there were times when the water was right at the overflow position. Whether the tunnel or the channel that is in there, the 24-inch pipe that is there at the moment to allow the water to flow through Kulana Road from the north side to the south side, down toward the ocean, whether that is adequate or not, I'm not sure. But it seems as though when the sugar canes were growing over there, for some reason, the ditch seemed to suffice. Now that the plantation has closed down and there's no acreage up there that is not being used, there's more water flowing down there. I've asked I'm asking the council to consider this as maybe one of the items that need to be looked into before an overflow situation will become apparent, really, and start causing concern, more than just a concern, then, at that time, I think. We don't want to see something like Kilauea happen where it overflowed all of Hilo. I'm sure something like that in our area won't be as drastic, maybe, it won't damage millions of dollars, but it might damage three, four homes. But the potential is there as it exists today. Whether anything's going to be done about it, I don't know. Those two things are of the major concern, however, like Mr. Nakamura said, there has been times, even on Sundays, when the traffic has been very bad on Kulana Road. I believe at least part of the traffic must have come from the members of Jehovah's Witnesses, where they agreed to use the access road closer to Pueopaku as their main entrance and exit for attending churches. Why this continues, I'm not sure. VICE-CHAIRMAN: Thank you. OTA: That's all I have. VICE-CHAIRMAN: Any commissioners have questions of these two gentlemen? MARTINSON: I do. 9 t VICE-CHAIRMAN: Commissioner Martinson. MARTINSON: Yes, according to the Applicant, he has checked with the Water Division and the Water Division has said that a new meter will be sufficient to cover the concerns. He spoke about it when he was up there. OTA: That was for one more additional meter to be installed in the system. MARTINSON: In your mind OTA: I did not say anything about a meter. All I'm saying is that the water pressure is low. I'm asking about the fire hydrant and the usage of the fire hydrant, whether it is adequate or not. I don't know. I don't know what the minimum is. NAKAMURA: May I say something? There is a three-inch pipe, the main line going down on Kulana Road. It drops to inch-and-a- half from that main line to the tap, and I have a half-inch copper tubing going in. And I had my, what do you call, plumber, when I changed the pipes, to please check the pressure for me. It's only 50 pounds. My neighbor has only 50 pounds. From what I understand, the 3-inch pipe is not full; the volume is not there. That's what we understand. Whether that pressure can push that water up the hill when Mr. Ha'o wants to build the subdivision or a home up there is doubtful, but if he puts a pressure pump on the top of the hill and pumps the water up, then the community will suffer. That is my concern. MARTINSON: The other question I had on the drainage ditch. NAKAMURA: The drainage ditch was a problem from way, way before. MARTINSON: I'm trying to find out, are there any other alternative sites that you think that a drainage ditch can be moved? NAKAMURA: It's the old Mamalahoa Highway, and the pipe is 36-inch. MARTINSON: Yeah, I understand that. NAKAMURA: Yeah. The only way, when way before, before this, before the church come up, we had problems with it, so we asked the engineers. They said the only way is to make a bigger pipe. Then you have to enlarge the both entrances and exits; and that's going to be a big money, so they didn't do it, because they figure most of the time there's no water. But when it 10 comes, it really comes. And the worst ones to suffer are the mauka side, and they have two homes where the basement was flooded, not once. I've been living over there forty-some odd years, and I had my driveway go a couple of times. But the ones on the mauka side is the poor ones that they have their basements flooded, and they had to take everything out, throw them away or dry them up and put them back. The mauka side is Harold Ferreira and Joanne, that's just bought the house. OTA: If I might add, the contour of the land, the way the land is shaped right at that area, creates the ditch. VICE-CHAIRMAN: We're going to try to get someone up here from the Water Department to address this concern that we have. Would you two gentlemen return to your seats, and we'll let Mr. Johnston and Joanne Griffin come forward. Please speak into the microphone and give me your name and your residence address before you begin. JOHNSTON: My name is Ed Johnston. I reside at 194 Kulana Road in Paukaa. And I am Vice President of Paukaa Community Association. And, just for the record, we all do want to thank the Commission for allowing us to when you deferred last time, to let us communicate with Charles and the elders of the Congregation, because we are at least now the lines of communication are open. But I should reiterate that the concerns that we members of our Association and Directors expressed at the meeting with them are still the same concerns. They were brought out; these are not additional concerns that we're just tacking on. And I recognize that Mr. Ha'o has addressed some of them by saying, you know, no ohana will be in the deed and that maintenance of the ditch will be in the deed. I'm still very puzzled at the water pressure, how the Water Department says there's adequate pressure for one more meter, when Charles, himself, told me the other day that in order and he can correct me if I'm wrong on this, in order to flush the luas in up at the Kingdom Hall, they have a holding tank with a diaphragm to give them extra pressure, which indicates to me that the pressure is a problem. And most puzzling to me is a letter from the Department of Water Supply on January 23, 1990, commenting on this subdivision, and it, basically, says, "Please be informed that the Department's existing water system facilities cannot support the proposed subdivision at this time. Extensive improvements and additions, including source, storage, transmission, booster pump and distribution facilities must be constructed," etcetera. It says that there is no time set for that. I'm just puzzled how now there is enough water. So I see that as an unresolved issue, and I see the possibility of a fire hydrant not having enough pressure as being an unresolved issue. 11 s So, I still think that deferring action until we can resolve these matters is the prudent thing to do. Thank you. VICE-CHAIRMAN: Okay. Joanne, residence address and your name. GRIFFIN: My name is Joanne Griffin. My address is 401 Kulana Road. And I've come to testify today, I want to ask the Commission to send a recommendation to the County Council to deny the extension of Condition B of Ordinance 91-44. I want to point out that the original ordinance, as your Staff member has said, has given a one year's time to complete the subdivision application in order for the rezoning to be complete, and the Jehovah's Witnesses Congregation has missed that deadline by something like two and a half years. So I want to point out that this is not a technicality, it's not a trivial oversight; it's a substantial, it's a substantial violation of the not violation exactly, but it's a substantial time frame that we're talking about. The decisions that were made in 1990 by the Planning Commission and the County Council may not be the same decisions that we want to make in 1995. I think the entire subdivision and rezoning should be reconsidered from the start, and a simple extension of the time required to complete things is not appropriate. I want to comment a little bit about the letter that Mr. Johnston mentioned in 1990, the fact that the Water Commission originally said the Department of Water Supply originally said that there was not water available, and then eight months later they said it was available. I disagree with the Department of Water Supply on this. I'm not a water expert, but I am a resident of the community, and I do know that we have low water pressure and low water supply. And I question the fact that they it seems from the letters I've read in the records here, where that the Water commission was pressured to change their original decision. You know, perhaps some, you know, persuasion was used to make them change their opinion as to whether water is available, water is not available, and I think that they've made a mistake in changing their decision. The in reading the transcripts of the original approval for the rezoning, the Jehovah's Witness Congregation stated that the reason for the rezoning was to raise money. They wanted to sell the property to raise money to pay for a fire hydrant which the county mandated they put in front of the church, and they also wanted to raise money to pay for some an overspent they had in putting in their parking lot. Since the 1990 hearing, I haven't heard anything else about this fire hydrant which they're supposed to put in front of the church. And I was rather surprised that they said that they needed a fire hydrant there, but five years have gone by and there's still no fire hydrant. 12 6 And it sort of compounds the water problem in that if the water Department has approved one small household meter to be installed, is there also going to be enough water for an additional fire hydrant, and is this fire hydrant necessary? And it also highlights the concern for our current fire hydrants, too, that we have just barely enough water for the community as it is, and any additional, additional demands on our community's water supply will come at the expense of the current residents. The other thing that I want to comment on is the shape of the flag lot. It the land that's proposed for subdivision, to be disposed of by the congregation, is fronting the drainage ditch that we've discussed a lot. And I feel that the entire fact that the lot is shaped as a flag lot makes it undesirable, in that, for a few reasons. One, that if the driveway to the new lot is unpaved between Kulana Road and whatever house or buildings are on the lot, that this could create, say, increased dust for the neighboring houses, because it's a long it would be a long driveway and could raise dust for the neighboring houses. And it also might spill dirt and mud onto Kulana Road because it's downhill, and I think when rain falls a dirt driveway could sully the road, the paved road, Kulana. If the road is paved all the way to the top, that creates its own problems in that it increases the water flow into the drainage ditch. And I think the drainage ditch is already barely adequate, as other people have told you that it has overflowed in the past; and just in the last year, it's reached the top of the ditch twice in some of the heavy rainfalls we've had this winter. Twice this year, it's come all the way to the top. It didn't overflow but it can't handle any more. The other thing is that right now there are lining this ditch on the Jehovah's Witness property some large trees; and I think these trees are desirable in that they are currently shielding the church from the community for visual effects and also for noise. They've asked some members of the church have asked me, living right next door to the church, if noise is a problem, and I say that I can sometimes hear, you know, small amounts of noise from the church. It hasn't been bad. But I think part of the reason that it hasn't been bad is that there are some large trees between the church and my property, and that they also shield the view of this large parking lot from what we have, is all single family homes. so I think if these trees were moved, which they would be if a driveway was put up this flag lot, if these trees were moved, then that will, like, make the church a less desirable neighbor to the Paukaa community in that it will increase the visual effects of having a large parking lot in our neighborhood, and it will increase the noise we get from the church. That's all I wanted to say. 13 t VICE-CHAIRMAN: Thank you very much. Any questions of these two people? MCINTOSH: Yes, can I ask a question VICE-CHAIRMAN: Ms. McIntosh. MCINTOSH: Of Mr. Johnston? Since your original letter indicates that you feel that part of the water pressure problem is due to the proliferation of ohanas in your subdivision, are you taking it, as aggressive a stance against further ohanas in your neighborhood as you are against this further subdivision? JOHNSTON: Well, in answer to that question, I found out from the Water Department that up to a certain point on Kulana Road, the line is 6 inches. Actually the line fronting my house is 6 inches, and as you go further down the road it gets smaller. Now, again, this is a conversation with the Water Department the other day, and that's down where Mr. Nakamura and Mr. Ota and Joanne live. I think that that whole section of the neighborhood has more water problems than I do, personally, but I recognize their concern. At this time, that part of the neighborhood, there are no ohanas going in; my part of the neighborhood, there are ohanas going in. And I can't complain about my personal water pressure, but I can recognize their concern. So, in answer to your question, no, if there were that part of the neighborhood, the houses are much tighter. It's smaller lots. I don't know that they'd even be able to ohana there. But, again, I reiterate, we're not trying to shut them down. We really want some we want to find solutions to this. And, in fact, Mr. Higashi, Roland Higashi is putting a subdivision in, and we worked with him, and one of the things he agreed on is not to start the subdivision down that side of the neighborhood until this new pump or new well is put in in Papaikou, which is still an ongoing project. And it's going to happen, and then everybody's problems are going to be solved, you know. There will be plenty of pressure. And I just thought of something else about this ditch problem and the driveway problem. Could the Wainaku Congregation consider putting the flag lot frontage on the Hamakua side, because Mr. Ha'o explained to me the other day that they own half of the, of an existing road that goes up to this lot? If it was put over there, then we wouldn't be worried about the ditch; we wouldn't be worried about a driveway. So, again, we're not trying to shut them down; we're just looking for solutions. MCINTOSH: Okay. 14 VICE-CHAIRMAN: Okay, thank you very much for both of you. You may return to your seats. I understand there's someone from the Water Department here. Could you come forward. Your name? SHIMABUKURO: I'm Craig Shimabukuro. VICE-CHAIRMAN: Okay. SHIMABUKURO: Engineer. VICE-CHAIRMAN: This is a are you aware of this problem that we're having here on this particular item? This is the Wainaku Congregation of Jehovah's Witnesses. SHIMABUKURO: I'm aware of yeah, I'm aware of that subdivision. But what problem are you talking about? VICE-CHAIRMAN: Well, the complaint is that there's no water pressure or inadequate water pressure, and that it has been stated that in 1990 the Water Department stated that they didn't have the facilities to service additional subdivision, yet today the, when they were given an opportunity to comment, there was no comment. I was wondering what has been done to that particular water system since 1990. SHIMABUKURO: Okay, what has happened since 1990 was that the Department has funding to provide a new booster station at Wainaku which will help this area in times of drought. The only time we have problems in this area is when we have drought, drought problems, you know, drier at times, when people start irrigating. But with that backup system that we have since 1990, our boss at that time, Bill Sewake, he appropriated money for that new booster pump station which will improve flow that way. VICE-CHAIRMAN: When do you expect that to be available and operating? SHIMABUKURO: It's in the works right now. We're we have the capacity that, you know, the capacity of the booster pump all set up already. It's just that we're looking for land to put that booster pump on, which is, you know, just a small piece of property, something like about less than a thousand square feet. VICE-CHAIRMAN: Would you care to give some kind of an idea of when you think it might be operational. SHIMABUKURO: I have no idea. We have to negotiate with private, private homeowners VICE-CHAIRMAN: Okay. 15 SHIMABUKURO: Or, you know VICE-CHAIRMAN: Two SHIMABUKURO: Landowners. VICE-CHAIRMAN: Two people have testified extensively about lack of water pressure on the upper end of the line to the extent that there's not enough water; there's not enough pressure to force the water out of the pipe; it just simply dribbles out of the pipe. SHIMABUKURO: Now where is this located? I wasn't aware of that problem there. VICE-CHAIRMAN: Well, this is the SHIMABUKURO: Is that the top of the subdivision? VICE-CHAIRMAN: Right, right. It would be up above, yeah, the high end. And they're also concerned about the lack of water in the fire hydrants; in case of fire, there wouldn't be any pressure to SHIMABUKURO: Fire flows there should be, should be in excess of our minimum of 500 GPM, because the lines there up to the hydrants are all six-inch lines, not one of those old systems where we used to have four-inch lines go to it, yeah. But in this, this system is fairly new. Fairly new, meaning, I would say, about 1950. It was installed about 1950 or so, or even later than that. So, you know, the fire hydrant flow should be, should be adequate. As far as coverage, that's another, you know coverage-wise, it should be adequate also because those lots are all what, 4,000 square feet, 5,000 square feet? VICE-CHAIRMAN: Yeah, I understand they're small. SHIMABUKURO: Yeah. VICE-CHAIRMAN: Yeah. SHIMABUKURO: Yeah. VICE-CHAIRMAN: Does any of the Commissioners have any questions of If not, thank you. KATAYAMA: I have a VICE-CHAIRMAN: Mary, yes, Commissioner Katayama. 16 KATAYAMA: Regarding that booster pump, is the money allocated and it's just a matter of finding the land? SHIMABUKURO: Finding the land and yeah, it's once we find the land, it's going KATAYAMA: You have the funds to SHIMABUKURO: We have to go for it. Yeah, we do have the funds for it already. VICE-CHAIRMAN: Thank you very much. SHIMABUKURO: Okay, thank you. VICE-CHAIRMAN: Would the Applicant come forward again. Do you wish to make any further statement? HA'O: Yes, if I may, I'd like to respond to some of VICE-CHAIRMAN: Okay, your name HA'O: The VICE-CHAIRMAN: And your HA'O: Things that were mentioned. VICE-CHAIRMAN: Address. HA'O: Yes. VICE-CHAIRMAN: Please give me your name and address before you begin. HA'O: Okay, Charlie Ha'o, 610 Wainaku Avenue. So, if I may, I'd like to respond to some of things that the VICE-CHAIRMAN: Proceed. HA'O: People on the Association have mentioned. First of all, the deadline that we missed, I don't know where the two and a half years came from, but I think we missed it by a few months, maybe like two or three months. I don't know how long it was. But the reason for that was because we had problems with the civil engineer that we were working with who was doing the flood study. In fact, they were taking a long time, so we had to even switch over to another engineer; and finally we got the flood study ready, but it just didn't make the deadline. 17 An interesting thing that turned up from the flood study of the ditch is that the 36-inch culvert going under Kulana Road is adequate for a hundred-year storm. So that's something that the engineer turned up with so What we need to understand is whenever that ditch has plugged up, it's not because it can't accept the water from the area above, but it's only when debris comes down and blocks the ditch and then, of course, that's going to cause a backup, you see. So it hasn't been because of the water alone. So that's something that we can keep in mind. The driveway that everybody is concerned about is not it's a potential, it's possible; but we're not designing the lot to have the driveway there. The new owner, it's up to them which way they want to gain access to their property. We were not planning to remove the podocarpus trees that are growing alongside the ditch. We have designed the pole of the flag lot with adequate space so that the driveway can go up on the other side of the trees, away from Joanne's property. So, it won't be close to her, it'll be on the other side of the trees. So, we're not planning to remove those trees; it is a nice barrier between the church and the neighborhood. So I don't suppose even the new owner would want to remove that because it's very nice and gives a nice barrier between the two properties. The concern about the traffic on the road, when we first applied for a Special Permit to build there, we promised the County that Kulana Road coming from the Hamakua direction, from the Papaikou access, would be our primary access. And so, in writing, that is what it actually is, it's a primary access, but it allows for a few cars coming through the neighborhood. We have some elderly people who are afraid of the turn-off down there to come up from that side. To give you an example, we've already taken a count of traffic whenever we have one of our meetings, and out of 50 to 55 cars, maybe 5 to 10 might come through the neighborhood. So, we're really not impacting the neighborhood; it's a minimal amount. And so we are still using the Papaikou access as our primary access. And that's about it. I just took down some notes while they were speaking. VICE-CHAIRMAN: Thank you. WONG: Mr. Chairman? VICE-CHAIRMAN: Yes, Chairman I mean, Commissioner Wong. WONG: Could I ask the Applicant, there was some comment about the requirement of an additional fire hydrant. Do you know anything about that requirement? HA'O: Yes, when we went in for a Special Permit in the beginning, the Fire Department did require that whenever we could 18 we would get that fire hydrant down in front of the church, in front of the Kingdom Hall. We haven't been able to do that, as it was already stated, because of lack of funds. And so they've been lenient enough with us, waiting for the time when we can get the funds to extend from the present hydrant, which is about 300 feet away from our property, extend the six-inch line all the way down to in front of the property. so that's, that's still in the making, and we still have that in mind. It's just that the County has been lenient with us, you know, not requiring that we get it in, giving us the they've been lenient with the deadline, you might say. WONG: Thank you. VICE-CHAIRMAN: This is a public hearing. Is there anyone else who wishes to testify in this matter? If not, what is the FERREIRA: Excuse me. I didn't register, but can I say something? VICE-CHAIRMAN: Come forward. FERREIRA: My name is Harold Ferreira, neighbor to Joanne. VICE-CHAIRMAN: Your address is Oh, we have to swear you in. FERREIRA: Oh. VICE-CHAIRMAN: Will you please stand. FERREIRA: Okay. VICE-CHAIRMAN: Do you swear and affirm that the testimony you are about to give is true and factual? FERREIRA: Yes. VICE-CHAIRMAN: Okay. Give me your name and then your residence address and speak directly into the microphone. FERREIRA: Harold Ferreira, 391 Kulana Road, neighbor to Joanne, I think it is. VICE-CHAIRMAN: Okay. FERREIRA: My concern about it is everything on paper looks good, but you've got to see the property. This property will only be good for a dwelling; it cannot be used for agricultural use because it's on a slope; it's about a 45 degree slope, which I have no problem with that. But, now we're talking if the next guy buys that piece of property, we're talking 1,700, 2,000 feet 19 4 of driveway. Now, I don't know if the guy wants to do that, but if he goes along the existing plantation road, then we got no problem with that. Now, as far as the four-inch water line is concerned, I think Mr. Nakamura had his thing tested and they only got 50 pounds pressure from that four-inch coming down. So whether the Fire Department will accept that as, as a basis of putting a fire hydrant, I don't know, unless we got some better water system going on. And, technically, I think, although like Mr. Ha'o said that this 36-inch line can handle the water, that's true; debris will have a problem getting through. But, you know, the thing is going to be developed eventually up further and, eventually, this 36-inch will have to be increased. I think the County has and I think the, if I'm not mistaken, you can ask our councilman from Hamakua, I think the plans are in, has been completed. It's just a matter of putting a bigger culvert. When it's going to be, I have no idea. And if you do, we're not only talking of increasing the culvert, we're also talking in front of Mr. Nakamura's property is you're going to have to widen that concrete ditch. It's only a three-feet wide ditch and it can accommodate only the 36-inch. If we go further, then we're going to have to put in a bigger concrete-lined ditch which is probably about 150 feet long; and right now it drops down from an elevation of 15 feet, I think, from the road down to where it's going. We're talking enlarging everything. It's not only the culvert, which is fine if they put two culverts two 36s, we got no problem there. But we got to understand one thing is that any time you increase mauka, makai on the State highway there's only a 36 also, so any time you increase mauka, you got to go makai and increase makai, too. So whether this will be possible with the State highway, I have no you know, I don't know, because it's hard to choke in a 48-inch line to a 36-inch line. Everything you do mauka, makai has to be improved, also. I mean, you know, this is some of the things that you got to think about. I'm sure when we had our first meeting we brought up these items, but I don't know whatever further actions the County will do. As far as the culvert is concerned, I know, definitely, that Donna has said that they are ready to put in this culvert, but I have no idea when and how. And I think your decisions here will affect, I don't know who the next guy will be, the owner of the property, but I understand that they will be responsible to, you know, handle the guy if he's maintaining the ditch or not. And if you can do that, it's great. But if the guy that owns the piece of property won't have anything to do with it, then, you know, I don't know whose problem it becomes. Thank you. VICE-CHAIRMAN: Thank you very much. Is there any questions of this 20 ALONZO: Question, Mr. Chair? VICE-CHAIRMAN: Yes, just a moment, please. ALONZO: Question. FERREIRA: Oh. VICE-CHAIRMAN: Commissioner Alonzo. FERREIRA: Yes. ALONZO: Do you ever see Public Works people there cleaning the culvert? What kind of how routinely they come and maintain the ditch? FERRERIA: Well, when the plantation was in existence, the plantation used to clean it. And I know my dad lost quite a bit of items from underneath the house. He lost his icebox, he lost his freezer, his carpet. And I also get the bulk of the Mr. Nakamura took some pictures of me walking in my basement underwater because of this particular culvert. It floods two houses, Donna's not I mean, I'm sorry, Joanne's and mine. So as far as cleaning it, the only time it has to be cleaned is when it plugs up and, normally, the plantation used to take care of that. Now, I don't know if we never had that problem; but there is quite a bit of water that comes down. I presume and think you all is aware that the Kau District, when they get floods, even if the plantation not working, they got more water now than they did when the plantation was working. So, you got to bear in mind that the hydraulics engine, as I said, that the 36 is sufficient enough for this 36-inch, but let's talk 30 years down the road when more people will be developing. Now, another problem, too, is sewage. Right now the church is hooked up to Joanne's property. And I don't know what the outcome is, but they've got a six-inch line that's been propped up with an I-beam. Now whether the next guy is going to require hooking up to another property, then we got to talk of easements being required from both parties. And I think now, with the new ordinance, I think they're going to have to go into septic tanks, am I correct? You got anything else? ALONZO: Did you see any of the County Public Works people cleaning the culvert when they had the last storm? FERREIRA: No. ALONZO: No? 21 FERREIRA: They just drive by because there was no problem there. ALONZO: Did you guys complain to the Public Works that it's overfilling and did Public Works Committee do something about it? FERREIRA: Yes, many a time they've come by; but, lately, since the church has been built, you know, you don't have all the debris, so we haven't had any problem. But, yes, the water gets up to the just about six inches from the top of the 36, even without the plantation being involved. And I can tell you this because I worked as a construction inspector, and one of my primary things, I used to go and inspect culverts that were flooded or anything else. And right now, I'm doing the Ainako- Kaumana Sewer Interceptor Ditch. So as far as knowing construction, I know that. VICE-CHAIRMAN: Thank you very much. Is there anyone else in the audience who wishes to testify? JOHNSTON: Is it okay if I add one thing? VICE-CHAIRMAN: Come forward. Your name and residence address. JOHNSTON: Again, my name is Ed Johnston, 194 Kulana Road in Paukaa. And I what I correct me if I'm wrong, but I think I heard the Water Department say that until that additional pump is in, and I guess it's Wainaku, not Papaikou, there isn't adequate water. I'm confused now, because and then he said there was no time limit on when that's going to be in. That's all I wanted to say. VICE-CHAIRMAN: Well, I understood him to say it was adequate, so JOHNSTON: That it is adequate? VICE-CHAIRMAN: Uh huh. JOHNSTON: I thought okay, then I misunderstood him, because I thought he said that it's adequate when they put the addition in. VICE-CHAIRMAN: Well, he's still here. Please come forward. There seems to be a question. Did you make a statement that the water pressure is adequate in that system now? 22 SHIMABUKURO: Yes, it is adequate, that is, the pressure, the pressure is adequate, yes. VICE-CHAIRMAN: Okay. SHIMABUKURO: Volume, so for this VICE-CHAIRMAN: Uh huh. SHIMABUKURO: Change of zone VICE-CHAIRMAN: Uh huh. SHIMABUKURO: For two lots. VICE-CHAIRMAN: Yes, okay. That's just some clarification. JOHNSTON: Yeah. VICE-CHAIRMAN: Commissioners, what's your pleasure? WONG: Mr. Chairman, before we close public hearing, I was wondering if I could ask Planning Director Goldstein, this is an extension of time request and, normally, we don't impose any additional conditions on these extension requests. In this case, there is a lot of concern about the maintenance of the ditch. With the circumstances and due to the testimony that we've heard today, would it prevent us from making an exception here? GOLDSTEIN: I don't think it would prevent you from making the exception and recommending an additional condition. WONG: Okay. Would it does it create any precedence setting problems for you in the future? GOLDSTEIN: It's not part of our usual practice to go beyond what was requested WONG: Okay. GOLDSTEIN: But I think it would be okay in this instance. WONG: Okay. GOLDSTEIN: Particularly since the Applicant has also clarified what he intends to do. WONG: Thank you. VICE-CHAIRMAN: Commissioner Wong. 23 MCINTOSH: No, can I ask for a point of clarification, since I'm the new kid on the block. Where's your authority for the time limits in the first place? When a change of zone is approved, why is it not approved? GOLDSTEIN: Because the original change of zone, in its adoption carried a time limit on the, essentially, that certain things had to be done prior, you know, within a certain period of time; and so what it amounts to is that the change of zone of the project must comply with that particular condition. And in this case, it was that the subdivision be approved, and which it didn't. MCINTOSH: I know it's been a matter of practice for years that there are those time limits. My question is where's the authority, because I can't find anything outside of plan approval in the Zoning Code that authorizes you to place a time limit on any change of GOLDSTEIN: It comes from the Change of Zone Ordinance itself. MCINTOSH: From the ordinance? GOLDSTEIN: Yes. MCINTOSH: Well, I understand that. So, if there's nothing in the Code or the Charter or anything like that; it's just it's been a matter of fact that in that the Council has imposed these time limits? GOLDSTEIN: That's correct. MCINTOSH: As a matter of practice? GOLDSTEIN: Yes. MCINTOSH: Okay. My second question is what's the State Land Use classification of this property? GOLDSTEIN: I believe it's Ag. MCINTOSH: If it's Ag and if the land is unsuitable for agriculture, then what is the use intended for the subdivided parcel since Ag parcels can only have farm dwellings, not single family residences? GOLDSTEIN: Well, it's not really clear at this point that it is unsuited for agriculture, you know. MCINTOSH: Okay. 24 GOLDSTEIN: It's in that sense, that's not been that conclusion hasn't been reached yet. MCINTOSH: Okay. WONG: Mr. Chairman? VICE-CHAIRMAN: Commissioner Wong. WONG: At this point, I would like to make a motion to direct Staff to draw up an additional condition addressing the responsibility of the new property owner to go ahead and maintain the ditch as part of the GOLDSTEIN: Pardon me, but I my understanding was that the church had said that it would be willing to maintain the ditch. WONG: Okay. GOLDSTEIN: But that it would require some sort of easement rights or something from the property owner for them to be able to should they go through with the subdivision, so that they could, in fact, cross over and do the maintenance. Am I correct? MCINTOSH: I'm also concerned about the precedent you may be setting. This is a public ditch. Just because one owner happens to be alongside of it, are you expecting them to take on the maintenance for everybody? VICE-CHAIRMAN: But if this this will be handled through the deed, as I understand it. GOLDSTEIN: It would have to be done through that mechanism if it's you know, to have any kind of effect, I think. VICE-CHAIRMAN: Thank you. Commissioner Balog. BALOG: Yes. In the Background Report, Page 7, under Department of Public Works, and also in the Recommendation, Page 6, they both state that any additional water runoff that is generated from any projects on any of these sites will have to be contained within the land. So, I mean, we're talking about no increase of water into a ditch from this project at all. They have to create dry wells, or sumps, or ponds, OR whatever type of retention system that they're going to do to retain whatever water is generated from this project. So the issue of the if you ask me, I mean, we're going over, adding a condition of a drainage ditch is, is improper. I mean, it's stated right here that they have to contain their own water. VICE-CHAIRMAN: Thank you. Commissioners, what is your pleasure? 25 WONG: Mr. Chairman? VICE-CHAIRMAN: Commissioner Wong. WONG: I think the I think my intention is to make clear and I guess public testimony today indicates that if the ditch is properly maintained, then, you know, there's not a flooding problem. The Applicant has committed, verbally, and I guess is on record to indicate that he would require this or the church would take the responsibility of maintaining the ditch, and any buyer of the subdivided property would also have some responsibility to maintain the ditch. I guess the I guess my point would be to try to find a way to make this work; and I'm not sure what I'm, what I'm trying to say at this point, but maybe Planning Director Goldstein can help me. Is it enough, at this point, to have the Applicant on record and not to impose any additional conditions, since this is just an extension of time request? VICE-CHAIRMAN: May I ask another question along the same line? Who owns the ditch now? Who is responsible for keeping it clean now? GOLDSTEIN: I believe the ditch falls within the church property, and they have indicated that they were supposed to have been maintaining that portion of the ditch. I'm assuming that I think the ability to resolve some of the drainage problems can come through the subdivision application and subdivision review, itself, because one of the requirements would be to make sure and to get through the Department of Public Works, their approval on any kind of system and or improvements that might be necessary. So I think that it will. WONG: Thank you. GOLDSTEIN: But I think it's also important that we have on record the commitment, you know, that the or the representation that the church has come forward with. VICE-CHAIRMAN: Thank you. WONG: Mr. Chairman? VICE-CHAIRMAN: Commissioner Wong. WONG: Planning Director Goldstein, the Applicant's testimony, is that sufficient or should we get Applicant up and reiterate his commitment? 26 GOLDSTEIN: Well, the other thing, I think, that you also need to consider is that the actions here are recommendations to the County Council, also, and they would also be the final WONG: Okay. GOLDSTEIN: Decision making body. WONG: Okay. GOLDSTEIN: So if there there's other opportunities along the way WONG: Okay. GOLDSTEIN: To resolve this particular issue. WONG: Okay. Thank you very much. Mr. Chairman, if there's no one VICE-CHAIRMAN: Commissioner Wong. WONG: In the public to testify, motion to close public hearing. BALOG: Second. VICE-CHAIRMAN: Motion has been made and seconded to close this public hearing. All those in favor, signify by saying aye. COMMISSIONERS: Aye. VICE-CHAIRMAN: Opposed? Motion is carried. WONG: Mr. Chairman? VICE-CHAIRMAN: Commissioner Wong. WONG: Motion to send a favorable recommendation for Wainaku Congregation of Jehovah's Witnesses Amendment to Change of Zone ordinance 90-144 for the reasons as detailed by the Planning Director. BALOG: Second. VICE-CHAIRMAN: Okay, the motion has been made by Commissioner Wong, seconded by Commissioner Balog, to send a favorable recommendation to the County Council for Wainaku Congregation of Jehovah's Witnesses Amendment to Change of Zone Ordinance No. 90-144 with the conditions and for the reasons as outlined by the Planning Director. Any discussion? Roll call. 27 ARAI: Commissioner Wong? WONG: Aye. ARAI: Commissioner Balog? BALOG: Aye. ARAI: Commissioner Alonzo? ALONZO: Aye. ARAI: Commissioner McIntosh? MCINTOSH: Aye. ARAI: Commissioner Katayama? KATAYAMA: Aye. ARAI: Commissioner Martinson? MARTINSON: Aye. ARAI: And Chairman Crook? VICE-CHAIRMAN: Aye. ARAI: Mr. Chairman, motion carries with seven aye votes. VICE-CHAIRMAN: Thank you very much. You will be notified in writing of this action. The discussion ended at 11:15 a.m. Respectfully submitted, Janet L. Kama, Transcriber A T T E S T: Sharon M. Nomura, Secretary Planning Commission 28 ' C - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE : February 18, 1998 //(~P,I~fLQ~LCL~L~LG(~L TO PLANNING DEPARTMENT FROM ~NG'FPF~RI G VISIO SUBJECT CHANGE OF ZONE ORDINANCE NO. 90-144 (REZ 675) Applicant: Wainaku Congregation of Jehovah's Witnesses Location: Paukaa, South Hilo, Hawaii TMK: 3 / 2-7-38: 3 We have reviewed the subject application and our comments are as follows: 1. Buildings shall conform to all requirements of code and statutes pertaining to building construction. 2. All development generated runoff shall be disposed on-site and shall not be directed toward any adjacent properties. 3. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. All driveway connections to a County road shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. 5. The subject properties are found within Flood Zone "X", according to the Flood Insurance Rate Map dated September 16, 1988.. 6. Reference our memorandums (dated October 24, 1995 and July 3, 1996) to Change of Zone Application No. 95-24 (TMK: 2-7-03: 27), for existing roadway conditions and any necessary requirements. Should there be any questions concerning this matter, please feel free to contact Casey Yanagihara in our Engineering Division at Ext. 8327. CKY EXHIBIT x..S ONtY ai 7~ ~Nelson M. Tsuji 6G. Fire Chief Stephen K. Yamashir0 Mayor Edward Bumatay •~•ti;+•' Deputy Fire Chief r,~•ORNr~! (90unfV of Pttfvaii FIRE DEPARTMENT 777 Kilauea Avenue • Mall Lane, Room 6 • Hilo, Hawaii 96720-4239 1808) 961-8297 • Faa(808) 961-8296 February 18, 1998 To: Virginia Goldstein, Planning Director From: Nelson M. Tsuji, Fire Chief SUBJECT: CHANGE OF ZONE ORDINANCE NO. 90-144 (REZ 675) APPLICANT: WAINAKU CONGREGATION OF JEHOVAH'S WITNESSES REQUEST: AMENDMENT TO CONDITION B OF ORDINANCE NO. 90-144 (EXTENSION OF TIME TO SUBMIT SUBDIVISION PLANS AND SECURE FINAL SUBDIVISION APPROVAL) TAX MAP KEY, 2-7-38.3 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. "(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. "EXCEPTIONS: 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 fire protection as specified in Section 10.301 (b). .L EXHIBIT , -7) 4 To: Virginia Goldstein, Planning Director Page 2 February 18, 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) 11(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. To: Virginia Goldstein, Planning Director Page 3 February 18, 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 To: Virginia Goldstein, Planning Director Page 4 February 18, 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- 11 (c) Water Supply. An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed, in accordance with the respective county water requirements. There shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. "Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. "The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be protected as set forth by the respective county water requirements. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. "(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be identified by the installation of reflective markers. "(e) Timing of Installation. When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection, as approved by the chief, are provided, the above may be modified or waived. "(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), Class I, II, III (combination standpipe system) and combined systems, basement inlet pipes, and other fire protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall To: Virginia Goldstein, Planning Director Page 5 February 18, 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." NELSON Fire Chief NMT/mo Wainaku Congregation of Jehovah's Witnesses 610 Wainaku Avenue • Hilo. Hawaii 96720 • (808) 935-3635 April 30, 1994 Ms. VIRGINIA GOLDSTEIN Planning Director 25 Aupuni Street, Room 109 Hilo, Hawaii 967204252 Dear Ms. Goldstein, RE: Wainaku Congregation of Jehovah's Witnesses Rezoning A-20a to A-3a (Ordinance No. 90-144) Tax Map Key : 2-7-38:3 We appreciate very much , you're time and effort in reviewing our files (Subdivision No. 91-168 and Rezoning No. 675). We wish to apologize at this time for our failure to comply fully with your conditions and requirements. There was a possible breakdown in communications between Our Engineer and Public Works. However, the primary reason in not meeting the deadline, is, we completely forgot about the one year time limit, after receiving tentative subdivision approval. We neglected in having a closer supervision of this project. As I mentioned in our previous conversation, we have no intent, as a congregation, subdividing with the idea of building and developing homes. Our objective, is to obtain County approval so we can sell that upper portion of land. The proceeds from that sale would be used to pay down our present mortgage and ease the congregation monthly expense, it will also help in doing necessary repairs, refurbishing and making necessary improvements of our Kingdom Hall. Therefore, at this time we wish make an application, to amend the time condition of Ordinance No. 90- 144, and pursue the Subdivision request. Enclosed are the appropriate copies of this request and the $100 filing fee. Again, Thank you very much for your thoughtful consideration to this matter. Sincerely, reg Lee Chairman, Operating Committee 260 Kaiulani St. Hilo, Hawaii 96772 Phone 935-9992 Enclosures COUNTY OF HAWAII STATE OF HAWAII BILL NO. 238 (Draft 2) ORDINANCE NO. op 144 AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT PAUKAA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-7-38:3. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Paukaa, South Hilo, Hawaii, shall be Agricultural (A-3a): Beginning at the Northeast corner of this parcel of land, on the West side of Mamalahoa (Old Belt Road) Highway, and being the Southeast corner of Lot 4 of Paukaa Farm Lots, same being a portion of Royal Patent 8335, Land Commission Award 7715, Apana 16 to Lota Kamehameha (Certificate of Boundaries No. 181), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 25,231.52 feet South and 5,464.38 feet East, and thence running by azimuths measured clockwise from true South: 1. 3440 57' 152.63 feet along the West side of Mamalahoa (Old Belt Road) Highway; 2. 3470 00' 148.47 feet along the West side of Mamalahoa (Old Belt Road) Highway; 3, 72° 07' 82.77 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 4. 63° 49' 49.70 feet along the North boundary of Lot 17 of Paukaa Village, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 5. 460 42' 108.80 feet along the North boundary of Lots 17, 19 and 36 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 6. 36° 16' 172.60 feet along the North boundary of Lots 36 and 38 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 7. 460 40' 207.32 feet along the North boundary of Lots 38 and 48 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw 7715, AP. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -2- 8. 13° 30 62.90 feet along the west boundary of Lots 48 and 49 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 9. 5° 20' 82.30 feet along the West boundary of Lots 49 and 50 of Paukaa Village, same being portions of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 10. 18° 00' 30.00 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 11. 1080 00' 5.81 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -3- 12. Thence alony Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the right with a radius of 180.00 feet, the chord azimuth and distance being: 1340 10' 30" 158.80 feet; 13. 1600 21' 418.27 feet along Lot 1 of Paukaa Farm Lots, same being all of R.P. 4683, L.C.Aw. 4735 to Maa and portions of R.P. 4689, L.C.Aw. 4969 to Kalama and R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); 14. Thence along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181), on a curve to the left with a radius of 450.00 feet, the chord azimuth and distance being: 2370 22' 30" 202.07 feet; 15. 224° 24' 194.00 feet along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181); -4- 16. Thence along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries on a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 2430 25' 00" 195.51 feet; 17. 2620 26' 195.04 feet along Lot 4 of Paukaa Farm Lots, same being a portion of R.P. 8335, L.C.Aw. 7715, Ap. 16 to Lota Kamehameha (Certificate of Boundaries No. 181) to the point of beginning and containing an area of 7.184 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; (B) subdivision plans shall be submitted to the Planning Department 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; (C) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (D) access shall meet with the approval of the Department of Public Works; (E) all other applicable laws, rules, regulations and requirements shall be -5- complied with, including those of the Department of Water Supply; (F) 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 developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (G) 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; (H) 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 not have been foreseen or are beyond the control of the applicant, 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 would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to -6- be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's 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 ore 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: COUNCIL MEMBER, CO NTY OF HAWAII V ~ Hilo, Hawaii Date of Introduction: November 8, 1990 Date of 1st Reading: November 8, 1990 Date of 2nd Reading: November 21, 1990 Effective Date: November 30, 1990 -7- \ A '1ov rRuE A-'aee ~ 'RTH ALG' A-zon A iCUt_.TUreA~- ((A-zoo To AGI'~IGULTt,1r2AL (A- a AR GA = 7 184 /gCRB°.J I / A-'woe NIB PT~CP ~p.NIP` I IRS 15 S 46498 ~ "AL ALA' p A-'3°v R5 7.S 6 ~~CT ~ -IOA 3T- iJ>_,Pr`P IS KPP r "or T RS- IS NeA RS-Is ~ Is RoPD "MI LC ~yT RB 9 _ HAwA~ I s-Is f 9 BE q_ TTR KUIKAHI I~°S I / \ p R9- ° 1 RS-~° ~ S S E A FAUKAA POINT AMENDMENT TO THE ZONING CODE AMENDING SECTION Z5-115 CI=AP A1F'COU-ONOMEA ZoNE MAP) ART1C!_E a,, CI- ^p-r=-R 'Z5 (-ZONING CODE) Of THa HAV4A11 cOUN-r/ CODE, 157 CHANGING THE 0IST7:RIC7 CLA~35IFlCAT1aN f=ROM ACaMICUL.TUI'?AL (A-~oA) To AGRICUL.- TuRAL (A-a=) AT PAUKAA, SOUTH HILOt HAIMAII. ptRC-p^m2 r> BY = PLATVNING D1=pA1~TM~NT courvTY of HAtA1At1 JAN. 17, !°D°S5C :HiaIT A..