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HomeMy WebLinkAboutCOM 1539.000 2006-2008Harry Kim Mrtyor Dixie Kaetsu Mmmymg Direc(or Barbara Kossow Depury~ Mnnngtitg Direc(or County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 (808) 9615211 • Fax (808) 961fi553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 fax (808) 326-5663 October 20, 2008 M1_> r_J ~) L l-L' , C~ Honorable Pete Hoffrnann, Chairman J <_> N :-r and Members of the County Council - ~-• County of Hawai `i = : ' 333 Kilauea Avenue _ ; -' -~~ =1 Hilo, HI 96720 . ' '.'r ca i?; _ ~ ... Dear Chairman Hoffmann and Members: '~ Amendment to Change of Zone Ordinance No. 95-119 (REZ 552) Applicant: Ohana Kohala Trust Tax Map Key: 5-9-7:3 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, ~-W W~~l/~D ~ Harry Kim Mayor ~- Enclosures cc: Planning Department 3't~l 3~D~ Comm. No. ~S3 Ref. To: ~ Ref. Dare 2 20 County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Stree[, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 October 20, 2008 ICJ v .') L%~ i o c-~ .:.., Pete Hoffmann, Chairman ~ ~~ and Members of the County Council ~ ~ ~~ ^'- County of Hawaii = _-j cn ~.... ~~ 333 Kilauea Avenue, 2"d Floor - ~ ~ s_ °" Hilo, HI 96720 ~- ~ Dear Chairman Hoffmann and Council Members: Amendment to Change of Zone Ordinance No. 95-119 (REZ 552) Applicant: Ohana Kohala Trust Tax Map Key: 5-9-7:3 The Planning Commission, after a duly held public hearing on September 19, 2008, voted to recommend for your approval the proposed legislative bill for an amendment [o Conditions C and E of Change of Zone Ordinance No. 95 119, which rezoned 24.9 acres of land from an Agricultural - 20 acre (A-20a) to an Agricultural - 3 acre (A-3a) district. The property is located along the south side of Ala Kahua Drive, approximately 7,650 feet east of the Ala Kahua Drive- Akoni Pule Highway intersection, Kohala Estates Subdivision Unit 1, Kahua 151 and Waika, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests afive-year time extension to Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 95 119. Condition C currently reads as follows: "Subdivision plans for the proposed development 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 two years from the date of receipt of Tentative Subdivision Approval." Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 The applicant also requests an amendment to Condition E, which currently allows only one access to the proposed subdivision. Condition E currently reads: "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." According to the applicant, the original concept was to develop the property in conjunction with the adjoining property owner on TMK: 5-9-7: 004. However, the plans were subsequently abandoned. The project timeline since the original ordinance was approved in 1996 is as follows: • April 26, 1996 -Tentative Subdivision Approval granted for an 8-lot subdivision. • January 8, 1997 -Final Subdivision maps submitted to the Planning Department. • Apri122, 1999 -Planning Department grants a 2-year time extension until April 25, 2001 to satisfy conditions of the Tentative Subdivision Approval. • March 7, 2001 -Applicant requests additional time extension from the Planning Department to comply with the conditions of Tentative Subdivision Approval. The applicant received no response from the Planning Department. 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 are not the result of their fault or negligence. In 2005, there was a change in management, and the relocation of the access improvements from the makai to the mauka side was examined. At that time, the new management was not aware ofnon-compliance with Condition C of Ordinance No. 95 119. The proposed relocation was possible in that one of the partners had an interest in the adjacent road lot identified as TMK: 5-9-007: 002. In addition, discussions commenced with the mauka property owners regarding connection to the proposed underground electrical utility system. The applicant retained a surveyor to review the requirements to construct the subdivision improvements within TMK: 5-9- 007: 002. The applicant then discovered that while the conditions within the Subdivision Code were satisfied with the granting of the time extension [o comply with the conditions of Tentative Approval, Condition C was not satisfied, as Final Subdivision Approval had to be secured by April 25, 1999. The applicant now proposes to revise its subdivision layout to provide road, water and electrical improvements within the adjacent road lot (TMK: 5-9-7: 002). The landowner of Parcel 2 has agreed to utilize the 3.467-acre lot for access purposes. Pete Hoffmann, Chainnan and Members of the County Council Page 3 Thus, the unforeseen delays were a result of a change in management as well as no response from the Planning Department regarding their 2001 request for a time extension for Tentative Approval. The applicant has expended much time and effort to comply with the conditions of approval and has made a good faith effort in complying with conditions of the ordinance. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from an A-20a to A-3a to allow the subdivision of the property. The 2005 General Plan (as well as the 1989 General Plan) designates the area as Extensive Agricultural, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are "E" or "Very Poor." For your favorable consideration, an amendment to Ordinance No. 95 1 l9 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, Rodney Watanabe, Chairman Planning Commission Lohanakohala02PC Enclosures cc: Mr. William Moore Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona Lincoln Ashida, Esq., Corporation Counsel HOI.n..eKAmm.tP F>.dOo-B/21AD8 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT OHANA KOHALA TRUST AMENDMENT TO. CONDITIONS C AND E CHANGE OF ZONE ORDINANCE N0.95 119 (REZ 552) OHANA KOHALA TRUST requests an amendment to Conditions C (Final Subdivision Approval) and E (Access) of Change of Zone Ordinance No. 95 119. The property is located along the south side of Ala Kahua Drive, approximately 7,650 feet east of the Ala Kahua Drive- Akoni Pule Highway intersection, Kohala Estates Subdivision Unit 1, Kahua 1~` and Waika, North Kohala, Hawaii, TMK: 5-9-7: 003. PROPOSED ACTION 1. Request: Amendment to Conditions C (Final Subdivision Approval) and E (Access) of Change of Zone Ordinance No. 95 119. The applicant requests afive-yeaz extension of time to comply with Condition C to secure final subdivision approval. Condition C currently reads: "Subdivision plans for the proposed development 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 two yeazs from the date of receipt of Tentative Subdivision Approval." The applicant also requests an amendment to Condition E, which currently allows only one access to the proposed subdivision. Condition E currently reads: "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." (Exhibit 1 -June 26, 20081etter and proposed new subdivision map) 2. Chronology: February 12, 1987- effective date of Ordinance No. 87 9 which reclassified approximately 24.947 acres from an Agricultural 20-acre (A-20x) to an _1_ ATTACH: Come. 1539 Bill 390 Agricultural 3-acres (A-3a) zoned district to subdivide the property into 5 lots approximately three to six acres in size. • August 29,1991 -effective date of Ordinance No. 91 83 which amended Conditions C (one yeaz time extension to secure Final Subdivision Approval) and F (addition of the standazd Unified Impact Fees Ordinance language) of Ordinance No. 87 9. • October 12, 1995 -effective date of Ordinance No. 95 119 which amended Condition C (3-year time extension to secure Final Subdivision Approval). A new Condition G, which separated a portion of Condition F relating to the Unified Impact Fees ordinance, was added. (Refer to Ordinance No. 95119 submitted as part of the request) 3. Reasons for the Request: According to the applicant, the original concept was to develop the property in conjunction with the adjoining property owner on TMK: 5-9-7: 004. However, the plans were subsequently abandoned. • Apri126, 1996 -Tentative Subdivision Approval granted for an 8-lot subdivision • January 8, 1997 -Final Subdivision maps submitted to the Planning Department • Apri122, 1999 -Planning Department grants a 2-year time extension until April 25, 2001 to satisfy conditions of the Tentative Subdivision Approval. • March 7, 2001 -Applicant requests additional time extension from the Planning Department to comply with the conditions of Tentative Subdivision Approval. The applicant received no response from the Planning Department. In 2005, there was a change in management, and the relocation of the access improvements from the makai to the mauka side was examined. At that time, the new management was not aware of non-compliance with Condition C of Ordinance No. 95 119. The proposed relocation was possible in that one of the partners had an interest in the adjacent road lot identified as TMK: 5-9-007: 002. In addition, discussions commenced with the mauka property owners regarding connection to the proposed underground electrical utility system. The applicant retained a surveyor to review the requirements to construct the subdivision improvements within TMK: 5-9-007: 002. -2- The applicant then discovered that while the conditions within the Subdivision Code were satisfied with the ganting of the time extension to comply with the conditions of Tentative Approval, Condition C was not satisfied, as Final Subdivision Approval had'' to be secured by Apri125, 1999. The applicant now proposes to revise its subdivision layout to provide road, water and electrical improvements within the adjacent road lot (TMK: 5-9-7: 002). The landowner of Parcel 2 has ageed to utilize the 3.467-acre lot foi- access purposes. AGENCIES' COMMENTS 4. Department of Public Works: Exhibit 2 -August 11, 2008 memo 5. Police Department: Exhibit 3 -July 28, 2008 memo 6. Fire Department: Exhibit 4 -July 23, 2008 memo 7. Department of Water Supply: Exhibit 5 -July 31, 2008 memo 8. Department of Environmental Management: Exhibit 6 -July 15, 2008 memo 9. Office of Housing and Community Development: Exhibit 7 -July 16, 2008 memo 10. Department of Health: Exhibit 8 -July 14, 2008 and July 25, 2001 memos 11. DLNR Historic Preservation Division: Exhibit 9 -July 21, 20081etter 12. DLNR Land Division: Exhibit 10 -July 21, 20081etter PUBLIC COMMENTS 13. None as of this writing. -3- Ghana Kohala Trust 59-916 Kohala Ranch Road Kamuela; Hawaii 96743 June 26, 2008 Mr. Christopher J. Yuen, Director Planning Department County of Hawaii 101 Pauahi Street Hilo, Hawaii 96720 Dear Mr. Yuen: ?~iQ9 J~~ is P(~ ' 31 V~JIJI~9 I~ UI I~\9 ~:~f1l ~. Subject: Amendment to Ordinance No. 95-119-Ghana Kohala Trust TMK: 5-9-07: 03, North Kohala, Hawaii Island Ghana Kohala Trust is requesting an amendment to certain conditions of approval of Ordinance No. 95-119, including Condition C relating to submittal of subdivision plans and Condition E relating to access to Ala Kahua Drive. In addition, the Ghana Kohala Trust is proposing to include a new condition requiring compliance with the County's Affordable Housing Ordinance as part of this request. Furthermore, Ghana Kohala Trust has no objections to adding conditions so that it is paying its fair share contribution for roads, parks, police, fire and solid waste facilities. Background Ghana Kohala Trust (OKT), whose original members included Richard Waller, Bob Acree, Timothy Mader and Stephen Oldfather, purchased the subject property in 1980. (Tim Mader subsequently sold his interest in the trust to Mr. Acree in 1986.) In 1987, Richard Waller, representing OKT, requested and received zoning approval for the subject 24.987 acre pazcel from Agricultura120-acre (A-20a) to Agricultural 3-acre (A-3a). The original concept was to develop the property in conjunction with the adjacent property owned by Brian Walsh (TMK: 5-9-07: 04). However, after several attempts to jointly develop the properties, including securing a number of time extensions both administratively and through change of zone amendments (Ordinance No. 91-83 and 95-119), in 1993 the two owners (OKT and Walsh) terminated the joint development concept and proceeded with development of the properties independently. (Although the concept of joint development of the adjacent lands was abandoned at this time, the subdivision plans were for the road improvements to be on the makai side of the property.) EXHIBIT Ohana Kohala Trust Amendment of Ord. No. 95-119 June 26, 2008 Page No. 2 Since the adoption of the Ordinance No. 95-119 in October 1995, OhanaKohala Trust secured -, Tentative Subdivision approval for an 81ot subdivision on Apri125, 1996. On January 8, 1997, ', Final Subdivision maps were submitted for review and approval. On Apri122, 1999, the Planning Department granted a time extension of two years, until April 25, 2001 to satisfy the conditions of Tentative Approval. On March 7, 2001, Ohana Kohala Trust requested an additional time extension to comply with the conditions of Tentative Approval. OKT has not received a response to this request according to its records. In 2005, Richard Waller, who had been responsible for overall coordination for the subdivision of the subject property, resigned from OKT and sold his interest to Michael Glass. At that time„ Bob Acree took over primary responsibility in securing the subdivision approval. With the change in management, Mr. Acree began investigating the relocation of the access improvements from the makai side of the subject property to the mauka portion. This relocation was made viable in that Mr. Acree has an interest in the adjacent road lot, identified as Tax Map Key: 5-9-007: 002. Based on this change in development concept, OKT entered into discussions with the owners to the mauka of the subj ect property to notify them of the possible change in development plans. The discussions with these owners found that there was potential interest in connecting to the ; proposed underground electrical utility that would be constructed within the OKT subdivision road. This would allow the adjacent owners to eliminate the overhead lines within their access road. Based on these discussions, OKT retained a surveyor and engineer to review the requirements to construct the subdivision improvements within TMK: 5-9-007: 002 to allow subdivision of the subject property. At the time Mr. Acree took over management responsibility for the project, he was not aware of the non-compliance with Condition C of Ordinance 95-119 and that a time extension amendment was required. However, during its investigations of the revised subdivision plans, OKT noted that while the Subdivision Code requirements have been complied with through the granting of the time extensions to comply with the conditions of Tentative Approval, Condition C of Ordinance No. 95-119 had not been complied with. More specifically, Condition C required: Subdivision plans shall be submitted to the Planning Department within six months from the effective date of approval of this amendment. Final subdivision approval shall be '~ secured within three years from the date of approval receipt of revised tentative subdivision approval. I Although the Subdivision Code requirements had been complied with, the zoning conditions required that final subdivision approval be secured by Apri125, 1999. Therefore, OKT found itself in a situation where it had a Tentative Approval, but was not in compliance with Condition C Ordinance No. 95-119. Accordingly, it had to amend the requirements of Condition C before it could proceed with the development. Revised Development Plan OKT is proposing to revise its subdivision layout to provide its road, water and electrical improvements within the adjacent road lot (TMK: 5-9-007: 002). Attached, please find the conceptual subdivision map. Access to Lots 2-8 will be from the subdivision road. However, because of the drainage way, access to Lot A is proposed to be from Ala Kahua Drive. The proposed driveway would be near the top of Ala Kahua Drive. Underground utilities, including electrical, telephone and CATV will be provided as part of the `~ proposed improvements. In addition, utility stubouts will be provided to the adjacent lots to the' mauka of the subject property to allow them to relocate their utility connections if they desire. This will allow them to remove the power poles within their subdivision road (TMK: 5-9-007: 014). Request Ohana Kohala Trust is now in a position to actively proceed with the development of this property. Accordingly, it is seeking an amendment to Condition C of Ordinance No. 95-119 to comply with the performance requirements of the Zoning Ordinance. In addition, in developing the subdivision plans, Ohana Kohala Trust has obtained approval froin the owner of TMK: 7-9-07: 002 to utilize the 3.467 acre lot for access purposes. Accordingly, ', the subdivision access road is proposed to be constructed within this lot. However, a drainage way extends along the northern side of the property near the intersection with Ala Kahua Road; The proposed access road will require a culvert at the crossing, which must be located where the access for the lot fronting Ala Kahua Road is situated. Accordingly, there is no reasonable way to provide access to proposed lot, unless it can obtain a driveway to Ala Kahua. Furthermore, Ohana Kohala Trust understands that the County has been requiring compliance the affordable housing policy as a condition to the granting of time extensions to comply with the conditions of approval of Zoning Ordinances. The applicant is supportive of this requirement.; In addition, Ohana Kohala Trust has no objections to paying its fair share contribution for roads, parks, police, fire and solid waste facilities. ,1 ~II 1~I f~ Ghana Kohala Trust.. Amendment.of Ord. No. 95-119 June 26, 2008 Page No. 4 ~~ As such, Ghana Kohala Trust respectfully requests the following amendments to Ordinance No. ii 95-119 as follows: C. fC l-.7' 1 1. 11 L. L. :44e.1 4.. 41.e D1.,....:..~ Tl V :41.: «, n: L 1- G ll- FF ,1 F ..1 ..F 41,: .,.7.,, .,r _ >i' 1 l.a ~; ^ +I 1 1. 11 1. .1 1.' 41.«e^ ...+..«n f ..... tl.e .l,.t^ ..F ......«....nl « ..4 ..F '~. a 4 ~ .1.,1:-,:n:,.., ° .^7 ] Final subdivision shall be secured applicant should require an additional extension of time, the applicant shall'. submit its request to the Hawai i County Council for appropriate action; E. [ . . T~«~~•^ ~~~^'~ ^~^^°°] Access to the proposed subdivision shall meet with the approval of the Department of Public works. Hawai i County Code Chapter 11 as it relates to affordable housing. Compliance with Chapter 11 shall be approved by the Administrator of the ~,' Office of Housing and Community Development prior to receipt of final Plah Approval and/or Final Subdivision Approval. Thank you for your consideration of this matter. Please feel free to contact me at (808) 987- 7336 ifyou have any questions or require any additional information on this matter. Attachment cc: Ghana Kohala Trust Sincerely, William L. Moore I', _~- ,__ f ~ 'I - ~ ~ / ~ ,, 1 MP y I ` ( C~< I ~ ~I ~ \~\~ _ _ - - -,I~ J o -- s, ~ O ~ ~ \ d ~ ~ $ ~\ ~ i ° ~~ ~ ~ ~ \~ ° i ~ ~ ~~ r ~ i ,; \\ ^~. \ \ \ ~ ~ 9 ~~ ~~ ~~~ ~~ \ \ \ dsc~ I ~ ~ ~ p \ ,~ y - ~.---~ ~ ~[ o 9~i r ~ OQo ,. ~ ~ ~, ~ / ~~ °' o o _~ ~~ _=_ ! N I~ ! / / ~ it I __ __ _ _ ~ i .. ~ ;/ ~ - ~ u L~ ~... ~ j. '. '/ / -i _- v' ~ ~ ~ -~ ~ ~ '~ l ~- .\ ~ i / ~` _`-__ __~_ r AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25, (ZONING CODE) OF THE HAWAII COUNTY CODE, ORDINANCE N0. 87-9 AND AS AMENDED BY ORDINANCE NO. 91-83, WHICH RECLASSIFIED 24.947 ACRES OF LAND FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA 1ST AND WAIKA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:03. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 87-9 and as amended by Ordinance No. 91-83 is amended. as follows: "SECTION 2. This change in district classification is conditioned upon the following: ' A. The petitioners, successors or its assigns shall be responsible for complying with all of the stated conditions of approval. ' B. It shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lands being considered for subdivision under these change of zone requests. 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; yame propagation; raising of livestock, including but not limited to poultry, bees, Eish propagated for economic or personal use. An agricultural activity will be considered substantial: EI 1. If such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation Service; or 2. If it provides a major source of income to the person(s) who reside on the property; or 3. If the property is dedicated for Agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be'made a deed covenant and' duly recorded with the State Bureau of Conveyances and with a copy filed with the Planning Department. The execution of a farm dwelling agreement may also suffice in lieu of .the above requirements. Each approved lot must comply with one or more of the above requirements to satisfy the conditions of approval of these change of zone requests. C. Subdivision plans shall be submitted to the Planning Department within [one year] six months from the effective-date of [the zone change]. _. _.2.._ • ,. ~f • , D E F G_. approval of this amendment. Final subdivision approval shall be secured within ,[one] three years ; from the date of [approval of this amendment] receipt of revised tentative subdivision a royal. A drainage system -shall be installed in accordance with the requirements of the Department of Public Works. 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. All other applicable rules, regulations and requirements be complied with. 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director shall initiate rezoning of the property Eo its original or more appropriate designation.'• -3- SECTION'2. Maaerial to be deleted is bracketed. New .material is. underscored. SECTION 3:. In the event that any portion.of the ordinance ^t is declared invalid, such invalidity shall not .af;fect the otN'er parts of this ordinance. E SECTION 9. This ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: REF.: C-671 APPROVED AS TO FORM AND LEGALITY: ,-~ r . ~-~?UTY CORPORATION COUNSEL DATED : OCT ~ 0 1995 COUNCIL MEMBER,. COUNTY HAWAII Septanber 2G, -1995 Septanber 20, .1935 October 4, 1995" October 12, 1995 ~v-~-.. ~ _-~~~ -- ~.' _~--- i n ~.- / / ,~~-ems. .~.~, ~~ Tb J -~- A ~Oq A-tea A- 20 0 q~3q A-".2o0 ALA KfiH UA Ot~IVC f 1 .~~ewr- WAI `~ AGf11CULTURAL (A--ZOo) TO AGRICULTURAL (A-_ AREA = ~4.°~4T ACME r ~•o 1D A-4o ° + r* J i~ o~~~~. Q A--1oa ~ Q A-moo -1 -I ,~ n 0 ? ~. v,o .i 12 i ~ ~ A-3c A-'3oo ~ ~\(~ A-4oq A--1o> AMENDMENT TO • THE ZONING CODE AM>=NO1NO SECTION ~5-QJSA ~NOT~Tt-i ANa SOUTH ' K01-iALA OISTT~ICTS ZoN1=' MAP ARTICLE S, CHApT'1=1=2 ~5 (ZONING CODE) OF THE .HAWAII COUNTY COME, BY CHANGING THE IJISTT~ICT CLASSIFICATIOIJ• PROM AG1~iCULTLJRAL.- (A-~Oa) 7'O AEI~ICUL7-URAL (A-~c~~ AT KAHUA 1ST AND WAIKA, NO(iTH KOHALA, HAWAII. PRC-PA1QE~ BY = PLANNING DE pA RT1"1ENT cou NTY of HAW AtI TtviK = 5-g-o7 . ~ Nov. 24, I~B6 EXHIBIT IIAII OFFICE OF THE COUNTY CL£IZK County bf Hawaii. _. Hilo Hawaii ~: `y ~t ' ROLL CALL VOTE Introduced By: Takashi Daningo Date Introduced: September 20, 1995 First Reading: Septanber 20, 1995 Published: N/A REMARKS: Second Reading: To Mayor: Returned: Effective: Published REMARKS: October 4, 1995 October 5, 1995 October 12, 1995 October 12, 1995 October 20, 1995 I DO HEREBY adopted by the County Council and published as indicated above APPROVED as fo FORM and LEGALITY -~~~ ~ . ~ CORPCIRATION~COU ~ L COUNTYOF HHAWAII Date ~C'/~1~/ S Approved/&lisapp~ea~ed this / 2_ day of y°~~`- , z9 91t `AYES NOES "ABS ~ EX Arakaki ){ Bonk-Abramson "}{ Childs }( De Lima }{ Domingo ~ !I X Osorio X Rath }( Ray X Smith X 7 1 ~'.1 0 ROLL CALL VOTE !'~ AYES NOES ABS EX Arakaki }( Bonk-Abramson }{ Childs }( De Lima X Domingo }( Osorio X ~~ X Ray }{ Smith X 8 1 ~,0 0 Brtar~r~.: ?.~8 S -_. ... 'I ' COLlNTYCLERX Aug. 11 08 11:57a Engineering (808) 327-3533 p,1 29Q8 Rtl6 11 ~r'1 ~ y DEPARTMENT OF PUBLlC WORKS ~,Pa ; ` ~ ~',,; z, ~,~E~~pUNTY OF HAWAII '~Vi'`Ii r v Ii~;~NAIi HILQ, HAWAII DATE: August 11, 2008 Memorandum TO Christopher J. Yuen, Planning Director Planning Department FROM Galen M. Kuba, Division Chief Engineering Division "`~~~VVV """ oti SUBJECT Amendment to Change of Zone Ordinance 95-119 (REZ 552) Applicant: Ghana Koha[a Trust Location: Kahua, North Kohala, Hawaii TMK: 3t 5-9-007:003 We reviewed the subject application and our comments are as follows: All devefoprnent generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. A drainage study shall be prepared, and the recommended drainage system shall be constructed meeting with fhe approval of DPW. Watercourses affect the subject property. Any alteration of a wateroourse shall meet with Hawaii County Code Chapter 27. If required by DPW, a flood study shall be submitted to DPW to support the creation of drainage easement boundaries and/or identify areas of inundation as required by DPW and the Subdivision Code. 2. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code. 4. The applicant shall comply with Chapter 11-55, Water Pollution Control, Hawaii Administrative Rules, Department of Health, which requires an NPDES permit for certain construction activity. 5. "and the Subdivision Code" should be in added to the proposed amended Condition E. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 327-3530. KE copy: ENG-HILO/KONA PLNG-KONA EXHI~'~`' Countyis an Equal ~ a ~_ POSI-it° Pax Note 7671 Da~e~ 7~~~8 Pa9~~~ r 7 To ,f~ ,, OVOr~2 n From ~ - CoAept. co. Phone k Phone a , Fait A SyOA4~~ ~ ~~ Harry Kim Mayor County of Hawaii POLICE DEPARTMENT 349 Kapiolani Sueet • Hilo, Hawaii 96720-3998 (808) 935-3311 . Fax (808)961-2389 July 28, 2008 Lawrence K. Mahuna Police Chief Harry S. Kubojiri Deputy Police Chief --, ., ym ~~' C' -__ c~~ L• ..: -- , c1~ - ~ _- ::~.i r.J z v,;; ~ _z o --+ TO HRISTOPHER J UEN, PLANNING DIRECTOR FROM ~0 E. DAWRS, ACTING ASSISTANT CHIEF, AREA II OPERATIONS SUBJ CT Amen ment to Change of Zone Ordinance No. 95-119 (REZ 552) ant: Ohana Kohala Trust Tax Map Key: 5-9-7:3 Staff has reviewed the above-referenced application and has no comments or recommendations to offer at this time. RM:dmv ,_ ___. EXHIBIT 3 "Hawai'i County is an Equal Opportunity Provider and Employer" Etna r c°•NS-osryy°. Harry Kim - ~l/UU ~tUG f pm ~ ~• Mayor - (~OUtttp Df ~~bn~t`i HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 Hilo, Hawaii 96720 (808)981-8394 • Faz (808)981-2037 July 23, 2008 TO CHRISTOPHER J. YUEN, PI;ANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF Darryl J. Oliveira Fire Chief Glen P.I. Honda Deputy Fire Chief SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE N0.95-119 (REZ 552) APPLICANTS: GHANA KOHALA TRUST TAX MAP KEY: 5-9-7:3 We have no comments to offer at this time in reference to the above-mentioned Amendment to Change of Zone Ordinance request. ARR OLIVEIRA Fire Chief GA:lpc EXHIBIT ~~`~'~~~~ Hawai i County is an Equat Opportunity Provider and Employer. AI'I p~~ ~~~ 2D08 rUr, ~ ~rq ? 3y DEPARTMENT O~~~SNItiTER!-S;I~~P;PplfYNr COUNTY OF HAWAI~~I 345 KE KUA NA~I~~7 RE Elr~,f5l~i~~~,2~~1• HILO, HAWAII 96720 TELEPHONE (808)961-8050 FAX (808)961-8657 July 31, 2008 TO: Mr. Christopher J. Yuen, Planning Director Planning Deparhnent FROM: Milton D. Pavao, Manager SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE N0.95-119 (REZ 552) APPLICANT - OHANA KOHALA TRUST TAX MAP KEY 5-9-007:003 We have reviewed the subject request and have no objection as the water system in the area is privately owned and operated. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. 1 Sincerely yours, Milton D. Pavao, P.E. Manager FIvi:dfg copy - Ohana Kohala Trust EXHIBIT SC~.t~[1v~~ ~ ~• a~~~® ~~ ~ ~ ... VUater 6rinc~~ rroc~ress... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint o(tliscrimination, write: USDA, Director, Once of Civil Rights, Room 326-W. Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) HKi,~{r~~ 7 Mayor M1 YLFrPv 'I I I ~l'..i v UIJI`J I Y P(~?i~ 1 _;~_ ;i ; rrr~~NT tJt- ti1~U~Fi~~ Bobby Jean Leithead Todd Director Nelson Ho D¢puty Director C~nlzrl#~r of ~tt~u~i`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Hilo, Hawa~ i 96720 (808) 961-8083 ~ Fax (808) 961-8086 htto://co hawaii.hi.us/directory/dir envmne htm MEMOR,4NDUM Date : July 15, 2008 To CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD TODD, Director,~~% Subject: Amendment to Change of Zone Ordinance NO. 95-119 (REZ 552) Applicant: Ohana Kohala Trust TMK: 5-9-7:3 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/A ( ) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: TECHNICAL SERVICES COMMENTS: Y`;to. e,.p Ska/tJ~1- ,atio,,r,~~r~ SOLID WASTE COMMENTS: ( ) No comments (}Q) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ()p) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (7p) Ample and equal room should be provided for rubbish and recycling. ( yo) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (~jl Construction and demolition waste is prohibited at all County .Transfer Stations. (~ Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. rove a up a to the department on current status. ( )Other: CC: SWD,~3° 10958 EXHIBIT ~~~~~~~, By:OU~ 3~92~8~1 County of Hawaii is an Equal Opportunity Provider and Employer. - ---- Bobby Jean Leitbead-Todd Director Harry Kim Mayor Nelson Ho DeDUry Director ~IItxri~~ II~~FC~tt~Tt~t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuui Street•Hilo, Hawari 96720-4252 (808) 961-8083 • Faz (808) 961-8086 September 14, 2007 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on, County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUR: Bobby Jean Leithead-Todd DIRECTOR ' 10/13/03 Revised 09/14/07 Hawaii County is an Equal Opportunity Provider and Employer. Harry Kim Mayor ~otuttp of ~albuaft OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Nilo, Hawaii 96720-2484 V!IT (SOB) 96I-8379 • FAX (808) 961-8685 July 16, 2008 T0: Chris Yuen, Director Planning Department FROM: Edwin S. Taira Housing Administrato C•1~U ,~~L 1 7 ~n E~dt, Taira 1 ~ Hbusirsg mtnistrator i~i~;i~;~iiC; ~ i',f;7I~.AENT ". ~~ Ir 1.-. ~ - ;-IANAII JVIJ;`iI Y Ui I r, SUBJECT: Amendment to Change of Zone Ord. No. 95-119 (REZ 552),? Applicant: Ohana Kohala Trust Tax Map Key: 5-9-007:003 The Office of Housing and Community Development (OHCD) has reviewed the application and determined that Affordable Housing-: Conditions are applicable to the request to Amend Change of Zone Ordinance No. 95-119. Thank you for the opportunity to comment. .. :.~.- --. ,)lfl_ ~. 7 7ilON 1618past XH B T - E II EQUAL HOUSING OPPORTUNITY 'HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER ANU EMPLOYER' LINDA LINGLE GOVERNOR 2~~8 JJ~ 1n A~ R 57 CiiUIJTY Ot= IildPdAll MEMORANDUM DATE: July 14, 2008 -5D ~ 7 t~~i:~ ~' ~F ~' 1~ ~ ...1~ ~~a~.~ STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Christopher J. Yuen Planning Director, County of Hawaii CHIYOME L. FUKINO, M,D. DireUOr Df Heel,h 1 FROM: Newton Inouyey~- Acting District Environmental Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 95-119 (REZ 552) Applicant: Ohana Kohala Trust Tax Map Key: 5-9-7:3 There aze no additional concerns to those made previously. WORD:REZ 552.a[ EXHIBIT -8 i~'; } I' Iw' . ~.~_ Rq 4 ~' ~ N< A P~~ X958 9~ "/ ~'+',. STATE OF HAWAII DEPARTMENT OF HEALTH P.o. sox s1s - HILO, HAWAII 9fi]21-0918 a .. ~,.. BRUCE 5. ANOERBON, Ph.D., M.P.H. OIRECTOfl OF HERITH BENJAMIN J. CAYETANO ¢ovERrv¢R /1 M .MF _ORANDITM `t`` C~ ~. , <<: - ~-:~ DATE: July 25, 2001 - TO: Christopher J. Yuen . t s Planning Director, County of Hawaii a FROM: Aaron Ueno /~ - District Enviromnental Health Program Chief SUBJECT: Time Extension Request Subdivider: Ohana Kohala Trust ' Land Court Consolidation 117 , Proposed Subdivision of Lot 40 as shown on Map 4 ` Into Lots 40-A to 40-E, Inclusive, (Increment I) and Into Lots 40-E-1 to 40-#-4, Inclusive (Increment II) And Designation of Easements 1 to 7, Inclusive Kahua ls`, Kahua and Waika, North Kohala, Island of Hawaii, Hawaii TMK: 5-9-007:003 (SUB 87-132) The Health Depattment found no environmental health concerns with regulatory implications im the submittals. WP7.O:SD87-132.mi ~63~ i"~~S L[NDA LiNGLE OVERNOR OF FIAWAII G ,SOB q6 aR,hq y ° ~\959 J u~ ~ y ~ r ~} y ~ ~J (1~ j !) ~~~~ J ~ i b y ~C . ~ ~y \ i~L IiI V~ I~I~I~~.... r ~ '" Iii 11 i~~L I VT "~ q ~999 ; ~ ~ Jl.iw I r ' _ _ UI ~-{Fil,~l/i~\I~va.~..:5.„`P.'o-. .F„~~~,,,~, STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION 601 KAMOKILA BOULEVARD, ROOM 555 July 21, 2008 KAPOLEI, HAWAII 96707 Christopher J. Yuen, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4224 Deaz Mr. Yuen: LAURA H. THIELEN CIiMVER$ON BOARD OP f ANp pNp NATUflN. PESO VRCE4 COMM6SION ON WATER RESOURCE MANpGEIAINP RUSSELL Y. TSUII Fd$i DF-If1Y KENO KAWAHAAA DEEVIYOIXECiOR-WATER AQVAl1C PESOVRCFS BOAT W G ANH OCEAN RCSREA]ION BUREAU OF CONVEYANCES COAA115510N ON WATFA PE50VRCEMM`AGEMENr CONSEBVpnCINANO COASTAL LAN05 CONSflIVATON ANp p650VRCE5 FMORCkMpiT FrcHUEPPEUQ' FORESTRY ANH WYDLffE 1¢sroRlc PREREnvpnoN r woouwe tgwm HFSmvs cowurtsslrnl L,ND $TAIEPAHKS LOG NO: 2008.2893 DOC NO: 0807MD69 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review - ' Request for Comment on an Amendment to Change of Zone Ordinance No. 95-119 (REZ 552) by the Ohana Kohala Trust Kahua & Waiaka Ahupua`a, North Kohala District, Island of Hawaii TMK:(3)5-9-007:003 Thank you for the opportunity to comment on the aforementioned project, which we received on July 18, 2008. We determine that no historic properties will be affected by this project because: ® Intensive cultivation has altered the land ^ Residential development/urbanization has altered the land ^ Previous grabbing/grading has altered the land ^ An accepted azchaeological inventory survey (AIS) found no historic properties ^ SHPD previously reviewed this project and mitigation has been completed ^ Other: In the event that historic resources, including human skeletal remains, cultural materials, lava tubes; and/or lava blisters bubbles are identified during the construction activities, all work needs to cease in the iminediate vicinity of the find, the fmd needs to be protected from additional disturbance, and the State Historic Preservation Division, Hawaii Island Section, needs to be contacted immediately at (808) 981- 2979. Please contact Morgan Davis at (808) 981-2979 if you have any questions or concerns regarding this letter. Aloha, ~--~ ~ Nancy McMahon, Archaeology and Historic Preservation Manager State Historic Preservation Division EX OBIT a9~,~~~~+; t ?111 ~~ 4 L`?I,B LWDA LINGLE CAVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 July 21, 2008 County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 LAURA H. THIELEN CHAIRPERSON BOA.iO ANO NATGgAL RE50I1RCES COlM955gTE8fIFSOGRLE AMNAGEA(FNT ~~``~~~hUUUU. JJJJ~` ~`~ p!~ ~ -~ , ~~w~, ~, ,,,, 1~n.~ . ' 18 ' ~F y, ; j,Vq jNT Attention: Mr. Norman Hayashi Gentlemen: , Subject: Amendment to Change of Zone Ordinance No. 95-119 (REZ 552) - Ohana Kohala Trust Special Management A rea Use Permit (SMA 388) -Pacific Monazch Resorts, Inc. Special Permit Application (SPP 08-000061) - Greenwell Farms, Inc. Thank you for the opportunity to review and comment on the subject matter. The Departsnen~ of Land and Nahrral Resources' (DLNR) has no other comments to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, ' Morns M. Alta Administrator EXHIBIT ~0 ~~~P ~ .~ g ,~~ 2 4 8 ~4~~Ob ~ ROtavaKAmevdREZ.doc-82i/W COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION OHANA KOHAI.A TRUST AMENDMENT TO CONDTTIONS C AND E CHANGE OF ZONE ORDINANCE N0.95 119 (REZ 5521 Upon review of the request to amend Conditions C (Final Subdivision Approval) and E '- (Access) of Change of Zone Ordinance No. 95 119, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the County Council, with modifications to some of the existing conditions. Since this recommendation is being made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The recommendation for approval is based on the following findings: The applicant requests afive-yeaz time extension to Condition C (Final Subdivision Approval) of Change of Zone Ordinance No. 95 119: Condition C currently reads as follows: "Subdivision plans for the proposed development shall be submitted to the Planning Department within one yeaz from the effective date of the change of zone. Final Subdivision Approval shall be secured within two yeazs from the date of receipt of Tentative Subdivision Approval." The applicant also requests an amendment to Condition E, which currently allows only one access to the proposed subdivision. Condition E currently reads: "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." According to the applicant, the original concept was to develop the property in conjunction with the adjoining property owner on TMK: 5-9-7: 004. However, the plans were subsequently abandoned. The project timeline since the original ordinance was approved in 1996 is as follows: • Apri126, 1996 -Tentative Subdivision Approval granted for an 8-lot subdivision • January 8, 1997 -Final Subdivision maps submitted to the Planning Department' • Apri122, 1999 -Planning Department grants a 2-year time extension until April 25, 2001 to satisfy conditions of the Tentative Subdivision Approval. • March 7, 2001 -Applicant requests additional time extension from the Planning ;, Department to comply with the conditions of Tentative Subdivision Approval. The applicant received no response from the Planning Department. 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 are not the result of their fault or negligence. In 2005, there was a change in management, and the relocation of the access improvements from the makai to the mauka side was examined. At that time, the new management was not aware ofnon-compliance with Condition C of Ordinance No. 95 119. The proposed relocation was possible in that one; of the partners had an interest in the adjacent road lot identified as TMK: 5-9-007: 002. . In addition, discussions commenced with the mauka property owners regarding connection to the proposed underground electrical utility system. The applicant retained a surveyor to review the requirements to construct the subdivision improvements within „ TMK: 5-9-007: 002. The applicant then discovered that while the conditions within the Subdivision Code were satisfied with the granting of the time extension to comply with the conditions of Tentative Approval, Condition C was not satisfied, as Final Subdivision Approval had to be secured by Apri125, 1999. The applicant now proposes to revise its subdivision layout to provide road, water and electrical improvements within the adjacent road lot (TMK: 5-9-7: 002). The landowner of Parcel 2 has agreed to utilize the 3.467-acre lot for access purposes. Thus, the unforeseen delays were a result of a change in management as well as no response from the Planning Department regarding their 2001 request for a time extension for Tentative Approval. The applicant has expended much time and effort to comply with the conditions of approval and has made a good faith effort in complying with conditions of the ordinance. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from an A-20a to A-3a to allow the subdivision of the property. The 2005 General Plan (as well as the 1989 General Plan) designates the area as Extensive Agricultural, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are "E" or "Very Poor." Based on the discussion above, the Planning Director proposes that a favorable recommendation be forwarded to the County Council to amend Conditions C and E. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. (Material to be deleted is bracketed and struck-through; new material is underscored): A. The petitioners, successors or its assigns shall be responsible for complying with all of the stated conditions of approval; B. It shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lands being considered for subdivision under these change of zone requests. 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. An agricultural activity will be considered substantial: 1. If such activity is implementing a conservation program for the affected property(ies), as approved by the applicable soil and water conservation district directors and filed with the Soil Conservation service; or 2. If it provides a major source of income to the persons(s) who reside on the property; or 3. If the property is dedicated for Agriculture uses in accordance with applicable Tax Department procedures and that such agriculture dedication shall be made a deed covenant and duly recorded with the State Bureau of Conveyances and with a copy filed with the Planning Department. The execution of a farm dwelling agreement may also suffice in lieu of the above requirements. Each approved lot must comply with one or more of the above requirements to satisfy the conditions of approval of these change of zone requests. ``. fC 1..]' rl 1. 11 1.,, ,1..,.:~te.1 ~,. at,.. Dl,, v Te- ref.,. .,F . ,:sl.:« «~7... L s. ,. a .. ,1.,... ,.r„ .,, ,.r.l.: ;;Y;;;,,, „] Final subdivision approval shall be secured within [three] five years from the [''°•° ,.r~e..e:«. ,.r_e.asa .e«,,,~ -.- - subdivlsien-eppreval] effective date of this amended ordinance. D. A drainage system shall be installed in accordance with the requirements of the Department of Public Works. E. [ ] Access to the proposed subdivision [€rem-Ala ; ]shall comply with the Subdivision Code and meet with the approval of the Department of Public Works. fL' Ail 1. 1' 1.1,. «d,... .. ....l,.ti„«...,«A .. a«t.. l.o .. ...«1:.,A ..,at.• ~ , ~y:: .°.,.,...,w ,,., .,., ..Y............y F-] 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 " L ~e -r- shall be credited towards the requirements of the Unified Impact Fees Ordinance. G To ensure that the eoals and policies of the Housine Element of the General Plan are: i_pleme~ed if applicable the applicant shall com~l, wit~quirements of Chapter 11 Article 1 Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housine and Community Development prior to receipt of final subdivision approval• H Should any unidentified sites or remains such as artifacts, shell bone, or charcoal denosits human burials rock or coral alignments, pavings or walks be encountered. work in the immediate area shall cease and the Planning_Department shall be immediately notified Subsequent work shall proceed upon an archaeological 4 clearance from the Planning Department when it finds that sufficient miti ag five measures have been taken; I Comply with all applicable County State and Federal laws, rules, regulations and r~uirements; J If the applicant should require an additional extension of time, the Plannins Director shall submit the applicant's request to the Plannin@ Commission and 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 orifinal or more appropriate designation.