HomeMy WebLinkAboutCOM 0979.000 1996-1998
Mtv or
•ci William G. Davis
Stephen K. Yamashiro Managing Director
Mayor
Henry Cho
?~,«•M'+'` Deputy Managing Director
CIIllllfvl of ~12duall
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailue-Kona, Hawaii 96740
(808) 329-5226 Fax(808)326-5663 -
September 3, 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:
State Land Use Boundary Amendment Application (SLU 98-3)
Request: Agricultural to Rural
Change of Zone Application (REZ 98-14)
Request: A-5a to RA-2a
Applicant: Henry Clinton Williams and William R. Sanford
Tax Mao Key: 6-2-11:22
Change of Zone Application (REZ 98-11)
Applicant: Michael & Gale Sansone and Rhody & Susan Edwards
Request: A-20a to A-10a
Tax Map Key: 7-3-26:09
Change of Zone Ordinance No. 90-85 (REZ 665)
Applicant: Wham, Inc.
Request: Amendment to Conditions B & C, Delete Conditions D & E
Tax Man Key: 7-5-4:6 and 13
Change of Zone Ordinance No. 90-139 (REZ 674)
Applicant: Dale McGowan
Request: Time Extension to Condition C
Tax Mat Key: 5-9-8:5
Oomro• No.
File No. z K
Ref. To:_ opl~
SEP 0 8 1998
Date
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
September 3, 1998
Street Name (SUB 6008)
Kipona Hills Subdivision and Sunset Ridge at Waikoloa, Phase 3 Subdivision
Tax Map Key: 6-8-29:39-44
Street Name
Kaloko Light Industrial Subdivision
Tax Map Key: 7-3-51
Street Name
Kona Heavens Subdivision
Tax Map Key: 7-3-9
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 letters and enclosures regarding the
above-referenced requests.
Sincerely,
en K. Y ashiro
Mayor
LWilli01.MAY
Enclosures
cc: Planning Department
or
Stephen K. Yamashiro
Mayor
~•M M'~J
(auunfg of fumii
PLANNING COMMISSION
25 Aupuni Street, lto 109 • Hilo, Hawaii %720.4252
(808) %1-8288 • Pax (808) 961-%15
SEP S 3 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. 90-139 (REZ 674)
Applicant: Dale McGowan
Request: Time Extension to Condition C
Tax Map Key: 5-9-8:5
The Planning Commission, after a duly held public hearing on August 20, 1998, voted to
recommend for your approval the proposed legislative bill for an amendment to Condition C of
Ordinance No. 90 139, which reclassified lands from Agricultural (A-20a) to Agricultural
(A-3a). The amendment to the condition relates to time extension for agricultural activity
performance requirement. The property is located in the Kohala Estate Subdivision along the
northwest side of Ala Kahua Drive approximately one mile mauka of the Akoni Pule
Highway-Ala Kahua Drive intersection, Kahua, North Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is for an additional extension of time to comply with
the agricultural activity performance requirements of Ordinance No. 90-139 to ensure
that the applicant is not in violation with the time conditions.
The inability of the petitioner to comply with the requirements of Condition C
of Change of Zone Ordinance No. 90-139 is a result of conditions which could not
have been foreseen or are beyond the control of the applicant.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
In the letter of June 10, 1998, to the Planning Director, the applicant has
requested amendment to Condition C. The applicant has stated the following reasons:
"The subdivision comprises six 3+ acre parcel. One house has been
built and sold. A tree farm was installed on this property, consisting of 70 trees
which is doing fairly well considering the El Nino effect that has been a water
problem.
"Our plan was and still is to sell the lots and let the new owner(s) choose
what agricultural endeavor they wish to enter into.
"The economy on the Big Island has caused, as you well know, a
slow-down in real estate sales, something I have not seen in 32 years in Hawaii.
"However, it appears that Kohala Estates is finding a niche in this
troubled market, as we are seeing new construction of mostly owner-built
homes, going up around us. We are working hard and keeping our fingers
crossed that this will continue.
"We will need and we are requesting a 3 year extension of condition of
the Ordinance."
The requested extension is reasonable in that the petitioner has secured Final
Subdivision Approval, established agricultural activity on at least one lot, and would
enable the applicant to market the lots of the subdivision.
Approval of this amendment request would not be contrary to the General Plan
nor would it be contrary to the original reasons for granting the change of zone. The
amendment to Condition C would not be contrary to the original reasons for granting
the Change of Zone request. The request would be consistent with the Land Use
Element of the General Plan which states "Designate and allocate lands in appropriate
proportions and mix and in keeping with the social, cultural, and physical environments
of the County" and to "...encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social environment."
For your favorable consideration, an amendment to Ordinance No. 90 139 is transmitted.
BMcgow01.sso/rhy-08/11/98
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
DALE MCGOWAN
AMENDMENT TO CONDITION C
CHANGE OF O ORDINANCE NO 90-13 F 674)
DALE MCGOWAN has submitted a request for an amendment to Condition C of
Ordinance No. 90-139, which reclassified lands from Agricultural (A-20a) to Agricultural
(A-3a). The amendment to the condition relates to time extension for agricultural activity
performance requirement. The property is located in the Kohala Estates Subdivision along the
northwest side of Ala Kahua Drive approximately one mile mauka of the Akoni Pule Highway-
Ala Kahua Drive intersection, Kahua, North Kohala, Hawaii, TMK: 5-9-8:5.
GENERAL. INFORMATION
1. Land Ownership: Kahua Sea View, Inc. is the fee simple owner of the subject
properties.
BACKGROUND INFORMATION
2. November 20, 1990 - Effective date of Change of Zone Ordinance No. 90-139,
approved by the County Council. Approximately 20.084 acres of land was rezoned
from Agricultural 20-acre (A-20a) to Agricultural 3-acre (A-3a). (See Exhibit A)
3. May 14, 1992 - Request for time extension to comply with Condition B, subdivision
requirements, of Ordinance No. 90-139 was granted by the Planning Director.
4. June 22, 1992 - Final Subdivision Approval (SUB 6147) for a 6-lot subdivision was
approved by the Planning Director.
5. January 1, 1994 - Ohana Dwelling #3387 was approved for Lot 45A.
6. April 10, 1995 - Request for a three-year time extension to comply with Condition C
of Ordinance No. 90-129 was granted by the Planning Director. (See Exhibit B)
7. Condominium Property Regimes: From November 1995 to January 1996, each of
the 6 lots has been encumbered with Condominium Property Regimes. The lot situated
along Ala Kahua Drive has an existing dwelling, greenhouse and agricultural activity.
ATTACH. C-979
(B-294)
Each of the remaining 5 lots has two shade cloth greenhouses, constructed in January
1996, however, the lots are vacant of any uses.
8. Conditions B and C of Ordinance No. 90-139 states the following:
"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. Minimum lot sizes shall be determined by calculating the total area
within the proposed lot lines exclusive of easements for access and drainage
purposes and future road widening setback areas;
"C. It shall be demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on the lots to be rezoned
within three years from the date of final subdivision approval. For the purpose
of this condition, `agriculture' shall be defined as the cultivation of crops,
including but not limited to flowers, vegetables, foliage, fruits, forage and
timber; game propagation; raising of livestock, including but not limited to
poultry, bees, fish or other animal or aquatic life that are propagated for
economic or personal use. Agricultural activity will be considered substantial:
(1) If it provides a major source of income to the person(s) who resides on the
property; or (2) If the property is dedicated for Agriculture uses in accordance
with applicable Department of Finance, Real Property Tax Division's
procedures. This condition shall be incorporated in each of the deeds for the
proposed lots and duly recorded with the State Bureau of Conveyances. A copy
of the recorded deeds shall be filed with the Planning Department within one
year from the date of final subdivision approval;"
PROPOSED AMENDMENTS
9. Request: In a letter dated June 10, 1998, the applicant has requested an amendment
to Condition C of Ordinance No. 90-139. (See Exbibit C - Letter dated June 10,
1998)
10. Objectives: The purpose of this request is to amend the performance requirements of
Ordinance No. 90-139 to ensure that the applicant is not in violation with the time
condition. An amendment to Condition C will give the applicant an additional three (3)
years to establish agricultural activity on the lots that were rezoned with Ordinance
No. 90-139.
-2-
AGENCIES' COMMENTS
It. Department of Public Works (July 22, 1998 Memo):
"We have reviewed the subject request for a time extension to Condition C and offer no
comment. "
12. Police Department (July 15, 1998 Memo):
"We have reviewed the above-referenced request and do not believe it will negatively
impact traffic or public safety."
13. Fire Department (July 22, 1998 Memo):
"We have no comments regarding the above-referenced Change of Zone Ordinance."
14. Real Property Tax Office (July 13, 1998 Memo):
"There are no real property tax consequences.
"Current Real Property taxes are paid through June 30, 1998.
15. Department of Land and Natural Resources-SHPD (July 24, 1998 Letter):
"This is in response to your Memo of July 6, 1998 with a request for our comments on
the subject application.
"The proposed time extension to the already approved Change of Zone Ordinance for
the Kahua Sea View Subdivision will have `no effect' on significant historic sites."
16. Department of Land and Natural Resources-Land Division (August 10, 1998):
"Thank you for the opportunity to review and comment on the subject matter.
"The Department of Land and Natural Resources has no comment to offer on the
subject matter at this time."
17. Land Use Commission: (See Exhibit D - July 13, 1998 Letter)
Planning Department's Response: (See Exhibit E - July 24, 1998 Letter)
Applicant's Response: (See Exhibit F - August 5, 1998 Letter)
AGENCIES - NO F.SPON
18. Department of Water Supply, Department of Land and Natural Resources-
Division of Land Management, Department of Health, Department of
Transportation, Department of Agriculture, and Natural Resource Soils
Conservation Service
-3-
PUBLIC COMMENTS
37. The Department has not received any comments or objections from the general public
or adjacent landowners on the subject request.
-4-
COUNTY OF HAWAII- STATE OF HAWAII
Bill No. 330
ORDINANCE NO. 90 139
AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA
DISTRICTS 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 KAHUA,
NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-08:5.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-95A, 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 Kahua, North Kohala, Hawaii, shall be
Agricultural (A-3a):
Beginning at the Southeasterly corner of this parcel of
land, being also the Southwesterly corner of Lot 44 of
Land Court Consolidation 117 (Map 4) and being a point on
the westerly side of Lot 46 of Land Court Consolidation
117 (Map 4) and running by azimuths measured clockwise
from True South:
Thence, for the next three (3) courses following
along the Westerly side of Lot 46 of Land Court
Consolidation 117 (Map 4):
Thence, following on a curve to the left with a
radius of 840.00 feet, the chord azimuth and distance
being:
1. 260 22' 55" 345.91 feet to a point;
2. 140 30' 94.35 feet to a point;
Thence, following on a curve to the right with a
radius of 460.00 feet, the chord azimuth and distance
being:
EXHIS A
11
3. 26° 15' 40" 187.53 feet to a point;
4. 141° 26' 1,578.75 feet along Lot 16 of Land
Court Consolidation 117
(Map 3) to a point:
Thence, for the next four (4) courses following along
the middle of Keawewai Gulch, in all of its
meanderings, the direct azimuths and distances being:
5. 246° 25' 17.14 feet along Lot 200 of Land
Court Consolidation 117
(Map 12) to a point;
6. 211° 35' 338.46 feet along Lot 200 of Land
Court Consolidation 117
(Map 12) to a point;
7. 169° 16' 51" 247.32 feet along Lots 200 and
199 of Land Court
Consolidation 117 (Map 12)
to a point;
8. 242° 10' 33" 110.00 feet along Lot 199 of Land
Court Consolidation 117
(Map 12) to a point;
9. 321° 26' 1,604.50 feet along Lot 185 of Land
Court Consolidation 117
(Map 12) and along Lot 44
of Land Court
Consolidation 117 (Map 4)
to the point of beginning
and containing an area of
20.084 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, its
successors or 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
-2-
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. Minimum lot
sizes shall be determined by calculating the total area within
the proposed lot lines exclusive of easements for access and
drainage purposes and future road widening setback areas;
(C) it shall be demonstrated to the satisfaction of the
Planning Director that substantial agricultural activity is
being conducted on the lots to be rezoned within three years
from the date of final subdivision approval. For the purpose
of this condition, "agriculture" shall be defined as the
cultivation of crops, including but not limited to flowers,
vegetables, foliage, fruits, forage and timber; game
propagation; raising of livestock, including but not limited to
poultry, bees, fish or other animal or aquatic life that are
propagated for economic or personal use. Agricultural activity
will be considered substantial: (1) If it provides a major
source of income to the person(s) who resides on the property;
or (2) If the property is dedicated for Agriculture uses in
accordance with applicable Department of Finance, Real Property
Tax Division's procedures. This condition shall be
incorporated in each of the deeds for the proposed lots and
duly recorded with the State Bureau of Conveyances. A copy of
the recorded deeds shall be filed with the Planning Department
within one year from the date of final subdivision approval;
-3-
(D) prior to submittal of preliminary subdivision plans, an
archaeological reconnaissance survey report shall be submitted
and approved by the Planning Department in consultation with
the Department of Land and Natural Resources-Historic Sites
Section; (E) should any unanticipated archaeological sites or
features be uncovered during land preparation activities, work
within the affected area shall cease and the Planning Director
notified. Work within the affected area shall not resume until
clearance is obtained from the Director; (F) a drainage system
shall be installed in accordance with the requirements of the
Department of Public Works; (G) only one access shall be
allowed to the proposed subdivision from Ala Kahua Drive. Such
access shall meet with the approval of the Department of Public
Works; (H) all other applicable laws, rules, regulations and
requirements shall be complied with; (I) 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; (J) 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
-4-
the conditions of approval have been complied with and the
Planning Director acknowledges that further reports are not
required; and, (K) 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
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 3.. In the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
-5-
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED B
COUN L MEMB94 COUNTY HAWA
Hilo, Hawaii
Date of Introduction: October 17, 1990
Date of 1st Reading: October 17, 1990
Date of 2nd Reading: November 8, 1990
Effective Date: November 20, 1990
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION ~5-95A (NORTH ANC SOUTH
KOHALA DISTRICTS ZONE MAP) ARTICLE S, CHAPTER
as MCDNING CooE) os= THE HAYVAII COUNTY COOS,
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A--20m) TO AGRICULTURAL
AT KAHUA, NORTH KOHALA, HAWFiII.
PRBpArRMo t'SY = PL-^"WNO DEPARTMENT
COUNTY OP HAWAII
TMK = 5-9-06 =5 JUL7' 27 19°JO
EXHIBIT IIA~~
1v w '
M
Virginia Goldstein
Stephen K Yamashiro „ Di am
Mayor
Noonan Olean
//~~tt Deprgr Dirrrmr
KLII1l Uf V of Cnfil lff
PLANNING DEPARTMENT
25 Aupuni Suva, gone 109 • Hilo, Hawaii %720-4252
(am) %14285 • Fax (808) %1.%15
April 10, 1995
Dale W. McGowan, President
Kahua Sea View, Inc.
75-5995 Kuakini Highway, Suite 123
Kailua-Kona, HI 96740
Dear Mr. McGowan:
Change of Zone Ordinance No. 90-139 (REZ 674)
Applicant: Dale McGowan
Request: A-20a to A-3a
TMK• 5-9-08'05
This is to acknowledge receipt of your letter dated February 21, 1995, requesting a three-year
extension in which to complete compliance with Condition C of Change of Zone Ordinance
No. 90-139 which states:
"(C) it shall be demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on the lots to be rezoned within three
years from the date of final subdivision approval. For the purpose of this condition,
'agriculture' shall be defined as the cultivation of crops, including but not limited to
flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of
livestock, including but not limited to poultry, bees, fish or other animal or aquatic life
that are propagated for economic or personal use. Agricultural activity will be
considered substantial: (1) If it provides a major source of income to the person(s) who
resides on the property; or (2) If the property is dedicated for Agriculture uses in
accordance with applicable Department of Finance, Real Property Tax Division's
procedures. This condition shall be incorporated in each of the deeds for the proposed
lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded
deeds shall be filed with the Planning Department within one year from the date of
final subdivision approval;"
EXHISN1
1 13
Dale W. McGowan, Preswrw
Page 2
April 10, 1995
Further, Condition K of the ordinance reads:
"(K) 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 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...."
According to our records, final subdivision approval was granted on June 22, 1992.
Therefore, substantial agricultural activity should be conducted on the property by
June 22, 1995.
It has been determined, based upon your letter, that the inability to comply with Condition C is
the result of conditions that were beyond your control and is not a result of your fault or
negligence. Additionally, granting of a three-year time extension is not contrary to the
General Plan, Zoning Code or the original reasons for granting the change of zone. You are
given until June 22, 1998, in which to comply with Condition C of Ordinance No. 90-139.
Please be informed that an additional extension of time must be submitted to the County
Council through the Planning Department and Commission. Also, we look forward to the
submittal of annual progress reports by the anniversary date (November 20) of the ordinance.
Should you have any questions in the meantime, please feel free to contact Connie Kirin or
Daryn Arai of this office at 961-8288.
Sincerely,
~J VIRGINIA GOLDSTEIN
Planning Director
CRK:syw
f: \wpwin60\kiriu\mcgowan. crk
cc: SUB 6147
cc w/ltr: Planning Commission
County Council
Kahua Sea View inc.
~qQ, ~~ta 2? P~ l1 56
CCtiI
P.O.Box 44571
Kamuela, HI 96743
June 10, 1998
Ms. Virginia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street - Room 109
Hilo, HI 96720-4252
RE: Kahua Sea View Subdivision TMK: 5-9-08:05
Change of Zone ordinance (90-139)
A-20a to A-3a (3 acre Ag Home Lots)
Dear Director:
The zoning change of the subject property was approved with
conditions, all of which have been met with the exception
of the provision for agricultural activity contained in
the Ordinance Document, Section 2, Page 3, Par. (C).
The subdivision comprises six 3+ acre parcel. One house has
been built and sold. A tree farm was installed on this pro-
perty, consisting of 70 trees which is doing fairly well con-
sidering the El Nino effect that has been a water problem.
Our plan was and still is to sell the lots and let the new
owner(s) choose what agricultural endeavor they wish to enter
into.
The economy on the Big Island has caused, as you well know,
a slow-down in real estate sales, something I have not seen
in my 32 years in Hawaii.
However, it appears that Kohala Estates is finding a niche in
this troubled market, as we are seeing new construction of
mostly owner-built homes, going up around us. we are working
hard and keeping our fingers crossed that this will continue.
We will need and we are requesting a 3 year extention of
condition (K) of the Ordinance.
We are aware that two notices to owners/lessees are now
~C '
Ms. Virginia Golu,.ein June 10, 1998
Hilo, HI 96720-4252 Page Two
required and have contacted your staff regarding the procedure.
If you need any further information, please contact me at
882-7677.
Sincerely,
A,ZL h). m~sv-"~
Dale W. McGowan, President
Kahua Sea View, Inc.
DWM/jc
Ot' BENJAMIN J. CAYETANO ESTXER U
GOVERNOR E%ECU-71E
ai ~E
STATE OF HAWAII
DEPARTMENT OF BUSINESS. ECONOMIC DEVELOPMENT & TOURISM
LAND USE COMMISSION
P.O. Sex 2359
Honolulu, HI 96804-2359
Telephone: 808-587-3822
Fax: 808-587-3827
July 13, 1998
Ms. Virginia Goldstein, Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
Subject: Change of Zone Ordinance 90-139 (REZ 674)
Applicant: Dale McGowan
Request: Time Extension to Condition C
Tax Man Key: 5-9-08: 05
We have reviewed the subject Change of Zone Ordinance
request as transmitted by your memorandum date July 6, 1998, and
have the following comments to offer:
1) We confirm that the subject parcel, identified on your
memorandum as TMK: 5-9-08: 05, and consisting of
approximately 3.634 acres, is within the State Land Use
Agricultural District.
2) The subject parcel is in the immediate vicinity of an
area reclassified by the Commission. Specifically, the
subject parcel is adjacent to LUC Docket No.
A88-620/Kohala Joint Venture, which involved
reclassification of approximately 1,288 acres from the
Agricultural District to the Urban District for
residential and commercial uses.
3) We request clarification of the condition being
amended. The applicant's letter dated June 10, 1998
states that it is requesting a three-year time
extension on Condition K. However, your memorandum
states that the request is a time extension of
Condition C.
4) Clarification is also needed as to whether Ordinance
90-139 covers an area greater than the subject parcel
65£x,
Ms. Virginia Goldstein, Director
July 13, 1998
Page 2
(TMK: 5-9-08: 05) or if the request for time extension
is solely for the subject parcel.
We note that the applicant's request letter represents
that the subdivision is comprised of six parcels of
approximately 3+ acres. However, the subject parcel as
noted on the applicant's letter and on your memorandum
only comprises of approximately 3.634 acres.
We have no further comments to offer at this time.
Thank you for the opportunity to provide comments on the
requested time extension.
If you have any questions in regards to this matter, please
feel free to contact me or Leo Asuncion of my staff at 587-3822.
Sincerely,
ESTHER UEDA
Executive Officer
EU:th
sew Virginia Goldstein
Stephen K. Yameshiro ` yla;4; Director
Mayor - Russell Kokubun
Depurc Direuor
III O..M'J~
MLI
Count of Aa ujz i
PLANNING DEPARTMENT
25 Aupuni Streets Room 109 • Hilo, Hawaii 96720.4252
(808) 961.8288 • Fax (808) 961-8742
July 24, 1998
Ms. Esther Ueda, Executive Officer
State Land Use Commission
P. O. Box 2359
Honolulu, Hl 96804-2359
Dear Ms. Ueda:
Change of Zone Ordinance No. 90-139 (REZ 674)
Applicant: Mr. Dale McGowan
Subject: Time Extension to Condition C
TMK: 5-9-08:05
This is to acknowledge receipt of your letter dated July 13, 1998, regarding comments on the
above-referenced request filed with the Planning Commission.
We would like to respond to your questions:
1. The request is for a time extension to Condition C, regarding evidence that the
applicant must prove to the Planning Director that substantial agricultural
activity is established on the subject properties. The applicant stated
Condition K, which actually provides the authority by which he is able to
request a time extension. In the first paragraph of the applicant's letter received
on June 22, 1998, he did state that all conditions have been met with the
exception of Condition C, which is the actual request.
2. Change of Zone Ordinance No. 90-139, which was attached to the applicant's
letter, is referenced as TMK: 5-9-08:05, which covered a total of 20.084 acres.
Through the approved rezoning, from A-20a to A-3a, the applicant was able to
subdivide the parcel into 6 separate lots. Today they are referenced as
TMK: 5-9-08:05, 22, 23, 24, 25 & 26. Ordinance No. 90-139 covers all of
EXHIB91~
~~ff
Ms. Esther Ueda, Executive officer
State Land Use Commission
Page 2
July 24, 1998
these parcels, therefore, substantial agricultural activity must be established on
each of the parcels. We have listed this request under the original tax map key,
as it was referenced to and described in Ordinance No. 90-139.
Should you need any further clarification on this matter, please contact Susan Gagorik at
961-8288 or Eleanor Mirikitani at 327-3510.
Sincerely,
VIRGINIA G DSTEIN
Planning D r or
SG:jc
fAwpwin60\cuun\I=SsI0I.dcg
c w/ltr: West Hawaii Office
CAMPBELL & CAMPBELL
Attorneys At Law
Haina Cottage - Opelo Road
65-1235 A Opelo Road
Kamuela, Hawaii 96743
Telephone (808)885-0522
Telecopier (808) 885-0535
WALLACE L. CAMPBELL WENDELIN L. CAMPBELL
August 5, 1998 ; a
Virginia Goldstein, Director GG~
Planning Department cG
County of Hawaii A
25 Aupuni Street, Rm. 109 cam;:;
Hilo, HI 96720
H (J
~v s
RE: Change of Zone Ordinance 90-139 (REZ 674); Applicant: Dale McGowan
Reauest: Time Extension to Condition C; TMK: 5-9-8:05
Dear Ms. Goldstein:
I represent Kahua Sea View and Dale McGowe in connection with the above
referenced matter. Pursuant to your letter of July 24, 1998, this letter is written for
the purpose of responding to the questions posed by the Land Use Commission's
letter dated July 13, 1998 concerning the above referenced matter.
1. In response to Item #3, the condition being amended is Condition C,
Subparagraph (k);
2. In response to Item #4, Ordinance 90-139 covers six (6) 3+ acre parcels,
TMK 5-9-08:005 (3.634 acres) is one of those parcels. The other parcels
are identified by the following TMKs:
TMK 3rd Div. 5-9-8:22, Lot 45B (3.003 acres)
TMK 3rd Div. 5-9-8:23, Lot 45C (3.000 acres)
TMK 3rd Div. 5-9-8:24, Lot 45D (3.147 acres)
TMK 3rd Div. 5-9-8:25, Lot 45E (3.237 acres)
TMK 3rd Div. 5-9-8:26, Lot 45F (4.063 acres)
I hope this addresses all of the Land Use Commission's concerns.
Very truly yours,
CAMPBELL & CAMPBELL
Wendeli ampbell
cc: Dale McGowan; Esther Ueda, Executive Officer, Land Use Commission
EXHIBIT U'7~"
Kahua Sea View _ .ic.
56
P~ 1
1 co, P.O.Box 44571
Kamuela, HI 96743
June 10, 1998
Ms. Virginia Goldstein
Planning Director
County of Hawaii
25 Aupuni Street - Room 109
Hilo, HI 96720-4252
RE: Kahua Sea View Subdivision TMK: 5-9-08:05
Change of Zone Ordinance (90-139)
A-20a to A-3a (3 acre Ag Home Lots)
Dear Director:
The zoning change of the subject property was approved with
conditions, all of which have been met with the exception
of the provision for agricultural activity contained in
the Ordinance Document, Section 2, Page 3, Par. (C).
The subdivision comprises six 3+ acre parcel. One house has
been built and sold. A tree farm was installed on this pro-
perty, consisting of 70 trees which is doing fairly well con-
sidering the E1 Nino effect that has been a water problem.
Our plan was and still is to sell the lots and let the new
owner(s) choose what agricultural endeavor they wish to enter
into.
The economy on the Big Island has caused, as you well know,
a slow-down in real estate sales, something I have not seen
in my 32 years in Hawaii.
However, it appears that Kohala Estates is finding a niche in
this troubled market, as we are seeing new construction of
mostly owner-built homes, going up around us. We are working
hard and keeping our fingers crossed that this will continue.
We will need and we are requesting a 3 year extention of
condition (K) of the Ordinance.
We are aware that two notices to owners/lessees are now
Ms. Virginia Gol-. tein June 10, =998
Hilo, HI 96720-4252 Page Two
required and have contacted your staff regarding the procedure.
If you need any further information, please contact me at
882-7677.
Sincerely,
h' M /
Dale W. McGowan, President
Kahua Sea View, Inc.
DWM/jc
BENJAMIN J. CAYETANO e N KAZU HAYASHI DA
GOVERNOR ~k DIRECTOR
b yG -
YY DEPUTY DIRECTORS
BRIAN K. MINAAI
d GLENN M. OKIMOTO
0°7
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION
869 PUNCHBOWL STREET STP 8.8727
HONOLULU, HAWAII 96813-5097
August 11, 1998
Ms. Virginia Goldstein, _
Director
Planning Department o
County of Hawaii r
25 Aupuni Street, Room 109 f
Hilo, Hawaii 96720-4252
Dear Ms. Goldstein:
Subject: Change of Zone Ordinance 90-139 (REZ 674)
Applicant: Mr. Dale McGowan
Request: Request to meet Condition C
TMK: 5-9-8: 05
Thank you for the opportunity to review and comment on the request for an extension to meet
Condition C of Ordinance No. 90-139.
The requested extension will not have an impact on our State transportation facilities.
Very truly yours,
KAZU HAYASHIDA
Director of Transportation
n
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
We are enclosing a copy of the request, a copy of the staff background and comment letter
from Department of Transportation for your information.
Sincerely,
LA0
Kevin M. Balog, Chairman
Planning Commission
LMcGow02.PC
Enclosures
cc: Mr. Dale McGowan
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu