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Home My WebLink AboutCOM 0647.001 2010-2012 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 WWW.CARLSMITH.COM KGOOD E N O W @CARLSMITH.COM March 30, 2012 , C',A Yti3 N) HAND DELIVERY wy Dominic Yagong, Chair and Members of the Hawaii County Council -� = Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 Re: Hearing on Bill 219 before the Planning Committee on April 3, 2012 Dear Chair Yagong and Members: Please find attached our letter to Public Works Director Warren Lee regarding our client's request to convert the Old Government Road in Holualoa to a one-way traffic pattern. Very truly yours, Kenneth G. Goodenow Attachment KGG/1 lh Comm. No. (0 4-1. 1 Ref. To: P/ PL Ref. Dote APR 0 3 ?t)12 HONOLULU • HILO • KONA • MAUI • GUAM • SAIPAN • LOS ANGELES CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMTTH.COM KGOODENOW @CARLSMITH.COM March 30, 2012 HAND DELIVERY Warren H. W. Lee Director Department of Public Works Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 Re: Converting Old Government Road in Holualoa to a One-Way Traffic Pattern Dear Director Lee: This letter is to request that the Traffic Division consider converting the Old Government Road in Holualoa to a one-way traffic pattern. Our client, Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust, applied for a change of zone for her family property in Holualoa. The Leeward Planning Commission, during its review of this rezoning, discussed converting the Old Government Road in Holualoa to a one-way traffic pattern as an alternative to significantly widening the road in front of our client's property. In its recommendation to the Council, the Leeward Planning Commission amended proposed Condition of Approval E by, among other things, adding: "The requirements of this condition, as specified above, shall not apply to the extent that traffic along the Old Government Road be converted to a one-way traffic pattern." The Leeward Planning Commission's recommendation is attached as Exhibit A. After the Leeward Planning Commission Meeting, our client attempted to contact the owners of all properties along the Old Government Road. Statements of support were returned by all but three of the owners or their representatives. The parcels colored yellow on the map attached as Exhibit B are those parcels abutting the Old Government Road whose ownerls support converting the Old Government Road to a one-way traffic pattern. Other parcels in the HONOLULU • HILO - KONA • MAUI GUAM SAIPAN • LOS ANGELES Warren H. W. Lee March 30, 2012 Page 2 area whose owners support converting the Old Government Road to a one-way pattern are colored green. A list of the parcels and copies of the statements of support are attached as Exhibit C. We wrote to the owner of Property No. 9 on Exhibit B, Konale LLC located on Oahu, but did not receive any response. We note that this parcel is vacant. We also did not receive a response from the owner of Property No. 11 on Exhibit B, whose mailing address is in California. Properties 12, 13 and 14 are owned by the Ohta Trust. While we did not receive a written response from the Ohta Trust, we were informed by one of the Trustees that access to these parcels is made from Mamalahoa Highway and not via the Old Government Road. Thank you for your consideration of our request. Sincerely, Kenneth G. Goodenow Attachments KGG/1lh JAS V ..MA Q�ti Z - �! �. 1[K� `\•--g\ ,s 1 �•Ire County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 tin 13 1012' Kenneth G. Goodenow, Esq. Carlsmith Ball, LLP 121 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Goodenow: Change of Zone Application (REZ 11-000148) Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: A-l a to RS-20 Tax Map Key: 7-6-004:018 The Leeward Planning Commission, at its duly held public hearing on February 16, 2012, reviewed and acted on the above-referenced request for a Change of Zone from an Agricultural— 1 acre(A-la) to a Single-Family Residential—20,000 square feet(RS-20)zoning district for 1.090 acres of land. The property is located on the east (mauka) side of the Mamalahoa Highway in Holualoa town at the northeastern corner of the Old Government Road-Homestead Road intersection, across from the Holualoa Gallery, Holualoa 1st and 2nd,North Kona, Hawai`i. The Commission voted to recommend approval of the Change of Zone subject to the following conditions: A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within one hundred eighty(180) days from the effective date of this ordinance. Hawai`i County is an Equal Opportunity Provider and Employer EXHIBIT A Kenneth G. Goodenow, Esq. Page 2 C. Final Subdivision Approval for the proposed development shall be secured from the Planning Director within five(5) years from the effective date of this ordinance. D. Access to the lots shall conform to Chapter 22, County Streets, of the Hawai`i County Code and be limited to Old Government Road. E. The applicant shall improve and dedicate an additional 12.5 feet of right-of-way width along the property's Old Government Road frontage, if required by the Department of Public Works and at no cost to the County. To the extent possible and/or reasonable as determined by the Department of Public Works, improvements may include the removal of encroachments in the road right-of-way,private and public utility relocation,pavement widening and drainage improvements, street lighting and signage as required by the Department of Public Works. Pavement widening along the frontage of the subject property, to the extent possible and/or reasonable, should attempt to reach a minimum width of 16 feet with proper transitions and striping. The requirements of this condition, as specified above, shall not apply to the extent that traffic along the Old Government Road be converted to a one-way traffic pattern. Should a one-way traffic pattern be established, the applicant shall dedicate to the County the necessary additional right-of- way to accommodate appropriate pavement geometry for the one-way traffic pattern as part of the subdivision of the subject property. F. On the preliminary plat map reflecting the proposed subdivision of the subject property, a 5-foot wide future road widening setback, with no access permitted along the private roadway shall be clearly delineated and labeled in a manner meeting with the approval of the Department of Public Works. G. Restrictive covenants in the deeds of all the proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. H. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval. Kenneth G. Goodenow, Esq. Page 3 The applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution shall be for the additional lot to be created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $12,316.47 per single family residential unit. The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single family residential unit shall be allocated as follows: 1. $5,939.22 per single family residential unit to the County to support park and recreational improvements and facilities; 2. $286.51 per single family residential unit to the County to support police facilities; 3. $565.89 per single family residential unit to the County to support fire facilities; 4. $247.75 per single family residential unit to the County to support solid waste facilities; and 5. $5,277.10 per single family residential unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. The method of sewage disposal shall meet with the requirements of the Department of Health. K. Should any undiscovered remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division(DLNR-HPD) shall be immediately notified. Subsequent work shall proceed Kenneth G. Goodenow, Esq. Page 4 upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigation measures have been taken. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. N. An initial 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). 5. If the applicant(s) should require an additional extension of time, the Planning Department shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the property to its original or more appropriate designation. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Kenneth G. Goodenow, Esq. Page 5 Should you have any questions regarding the above, please contact Daryn Arai of the Planning Department at 961-8288. Sincerely, Geraldine Giffin, Chairman Leeward Planning Commission Ltowatarezl 1-1481pc cc: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata RLT Department of Public Works Department of Water Supply Planning Department-Kona Department of Land and Natural Resources-HPD DOT-Highways, Honolulu .... — A%-•-•••.,,- ."7-• V--........, ... 2....,_„. ••-_,..„ • . .,........ zirt•••_:-(f--_— t° 49---'s z c-9.4- .4 .4. IF II A.., •'If •:. .3660 •gib., 1.54.4. • ;.:1.,;;" 'Li .,....■----... i0.; ------- —v.,4, .,.71e '..* 0•••en—" 40 teoe.■• ,...1114r..."'" 0 .440 t,14 .or A,...•I*J•01 0 0,Ae1.,./ ,.,.,A-...-..-.-.I r..r-T-1 1•/1.1 11ii°1 ..•••.0 •• • ,..------.—. 1;;• , A. • •'? 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''...*--.... tr.Ail 118 I■ 2 4-1-,.:4=4."•4-".- 1: t ----It i .4•40c4 .r.ecriair of /YOLL/A(.4.4 fit i 2 'At*nr/or,ivavr/f xemr4 14,..."....91/.........W.4 . ..—.„,„..-..... EXHIBIT B Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: Change of Zone from Agricultural (A-1a)to Single Family Residential (RS-20) Property: Allotment 14, Mauka Section of Holualoa 1st and 2nd Partition Holualoa I St and 2nd Partition, District of North Kona Tax Map Key No.: (3) 7-6-004:018 PARCELS ABUTTING OLD GOVERNMENT ROAD Corresponding TMK Fee Owner Support for No. on Map 1-way traffic 1 7-6-004:018 Towata Trust 2 7-6-004:017 Ricky A. Matsuo Jan H. Yokogawa 3 7-6-004:041 Ricky A. Matsuo Jan H. Yokogawa 4 7-6-004:031 Jose 2011 Trust 5 7-6-003:016 Charles C. Yoshida 6 7-6-003:017 GYT Family Limited Partnership 7 7-6-003:019 Jose 2011 Trust 8 7-6-003:020 County of Hawaii - Imin Center 9 7-6-003:018 Konale LLC (in Kailua, Oahu) 10 7-6-004:016 Lynn Tina Craft 11 7-6-004:015 Ann Thurston Thomas (in California) 12 7-6-004:036 Ohta Trust (do not access) 13 7-6-004:035 Ohta Trust (do not access) 14 7-6-004:030 Ohta Trust (do not access) 15 7-6-004:014 Mary H. Iwanaga Trust 16 7-6-004:013 Towata Trust EXHIBIT C I (we) own property along Old Government Road in Holualoa. I request that the County consider converting Old Government Road to a one-way street. Name (s) ieeCe_e_otis gr-44 / 444 / _ , ✓dV cx.,ac_ Mahalo for a quick response. I (we) own property along Old Government Road in Holualoa. I request that the County consider converting Old Government Road to a one-way street. Name (s) a. .11 Gt-F-5qa , a Mahalo for a quick response. • I (we) own property along Old Government Road in Holualoa. I request that the Count consider converting Old Government Road to a one-way street. Name (s) iDif\A-VAJL:y\11.,• K ' Mahalo fora quick LLt response. 11 A C b1 „, . c � I (we) own property located along Homestead Road in Holualoa. Old Government Road and Homestead Road share the same intersection upon approaching the Mamalahoa Highwa. request that the County consider converting Old Government Road to a one-way stree ill(014°1 C. e (s) .4F I (we own proper Ya ong°! • 'overri nerit bad in �o u oa.`'request t" at the Count consider converting Old Government Road to a one-way street.- Name (s) Mahalo for a quick response. tit we own proper y ong''• •- overn-rnent" °`oas inTtolualoa. I request that the County consider converting Old Government Road to a one-way street. Name (s) f 1-)J-141/21A1 drvr: 1 I2 Wluid Mahalo for a quick response. we own property ong Ali —overnthen °oad inTIolu, oa. request that they ount . consider converting Old Government Road to a one-way street.- Name..(s)_-, f s: `—'6117`) 611 Mahalo for a quick response. 3,. { I (we) own property along Old Government Road in Holualoa. I request that the Count consider converting Old Government Road to a one-way street. Name (s) '�'� N 6/ Mahalo for a quick response. { r . Applicant: Millicent Towata Grand, Successor Trustee of the Lillian U. Towata Revocable Living Trust Request: Change of Zone from Agricultural (A-1a)to Single Family Residential (RS-20) Property: Allotment 14, Mauka Section of Holualoa 1st and 2nd Partition Holualoa 1st and 2nd Partition, District of North Kona Tax Map Key No.: (3) 7-6-004:018 PARCELS WHO ALSO USE OLD GOVERNMENT ROAD Corresponding TMK Fee Owner Support for No. on Map 1-way traffic 17 7-6-004:048 Karen and Lawrence Sheff -q 18 7-6-003:011 Jose 2011 Trust q 19 7-6-003:013 Darrelyn Gravett -q 20 7-6-003:014 Jose 2011 Trust q 21 7-6-003:021 Esther S.K. Jenkins Trust Ai _ r I (we) own property located along Homestead Road in Holualoa. Old Government Road an, i Homestead Road share the same intersection upon approaching the Mamalahoa Highway. I request that the County consider converting Old Government Road to a one-way street Namex(s) ` '-' Z--/4/1/A7e/Yelf 5/-111-1 4 / ., r-.., „ _ , /,, ,l/ f/V S-blift- -- gmd If,K✓y 1 e KO/W t (ACt#,1 /g121/1 �Ga1 /T (-111-41, I (we) own property along Old Government Road in Holualoa. I request that the Couh ; consider converting Old Government Road to a one-way street, Name (s) ! , sTAAel .../42/07e/Yr 1rreI n (,r l 06-A+4- �. f3) f01 . Mahalo for a quick response I we own property`along Co i. ` o l `_ � .. d t overnment" ciao in o u. oa: _-request t 'aft" e' `oun consider converting Old Government Road to a one-way street. --` ' Name (s) A°11.:-Ab-441:(:7--P7 - P4'('' --d Mahalo for a quick response. • , •di- esf,. .-7.t) ---at_, 00■• --r/iL,2- i C2—it t r"c7--V'-----iti—-'A , 5_, ,..,, , .,,,,,,, ,40,..„ 3 _,,,,,,,,,,,, , ___ _ _ _ _ _ _ _.. ___..___. ___ _,___ ,.. ,_ ,_ _ _ Y 1 < I'(we) own property located along Homestead Road in Holualoa. Old Government Road and Homestead Road share the same intersection upon approaching the Mamalahoa Highway. I request that the County consider converting Old Government Road to a one-way street. Name (s) s_.,2/LA...----1% ---.. [A...r,,,..\-- .17_, . -� � _r. !\ em � i{ � Cjb�i2( UN7• {'� f ■ alk ,