Loading...
HomeMy WebLinkAboutCOM 0068.000 2012-2014 �t1°F.. ' ..i �' ,; • Walter K.M.Lau / " ��+4 Managing Director• William P.Kenoi • •7 p�.a;��'r•• Mayor _J_ � _ Randall M.Kurohara or +•�.; Deputy Managing Director County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 December 14, 2012 Honorable J Yoshimoto,Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street == - Hilo,HI 96720 ' Dear Chairman Yoshimoto and Members: .--, r State Land Use Boundary Amendment Application(SLU 12-000035) : Request: Agricultural to Urban v"' Change of Zone Application(REZ 12-000157) Ia./ Request: A-5a to CV-20 Applicant: Hawaiian Riverbend,LLC Tax Map Key: 6-8-002:portion 021 Change of Zone Ordinance No. 07 127(REZ 678,Docket No. 90-000012) Applicant: Waikoloa Mauka,LLC Request: Time Extension to Condition B(Final Subdivision Approval) Tax Map Key: 6-8-002:016 /Change of Zone Ordinance No.07 106(REZ 655,Docket No. 89-000009) Applicant: Elwin F.Hussey(Keanahalululu) Request: 5-Year Time Extension to Condition C(Time to Secure Final Subdivision Approval) Tax Map Key: 5-9-007:007 As required by Chapter 7, Sec. 6-7.5 (a),Hawaii County Charter,transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letters and enclosures regarding the above-referenced requests. in William P. Kenoi Mayor Enclosures (0 3 cc: Planning Department Comm. No. Ref.To: IIC <eitk .z a..` Connty of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date .IAN 0 2. 2013 ..OJN�Y^OF M...,.. • County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 alt The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Ordinance No. 07 106 (REZ 655, Docket No. 89-000009) Applicant: Elwin F. Hussey(Keanahalululu) Request: 5-Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 5-9-007:007 The Leeward Planning Commission, at its duly held public hearing on November 15, 2012, recommended for your approval the proposed legislative bill for an amendment to Condition C (time extension to secure final subdivision approval) of Change of Zone Ordinance No. 07-106, which amended Change of Zone Ordinance 02-21,which amended Change of Zone Ordinance No. 98-87, which amended Change of Zone Ordinance No. 90-008, which rezoned 28.832 acres of land from an Agricultural—20 acre(A-20a)to an Agricultural—3 acre(A-3a) zoned district. The property is located along the southeast side of Ala Kahua Drive, approximately 3/4 mile mauka of the Ala Kahua Drive—Akoni Pule Highway intersection, Kohala Estates Subdivision, Kahua,North Kohala, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The applicant is requesting a five(5)year extension of time to comply with Condition C of Ordinance No. 07-106, which requires the applicant to secure Final Subdivision Approval within five years from the effective date of the amended ordinance. The applicant plans to subdivide the subject property into 8 lots, approximately 3 acres in size each. Condition C of Change of Zone Ordinance 07-106 (REZ 655) states: "Final subdivision approval shall be secured within five(5) years from the effective date of this amended ordinance. 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." The original request to change the district zoning designation from A-20a to A-3a for the subject property was approved by the County Council effective February 13, 1990 (Change of Zoning Ordinance No. 90-008). According to Ordinance No. 90-008, Final Subdivision Approval should have been secured by February 10, 1997. The first time extension to secure the Final Subdivision Approval was granted by the County Council effective August 27, 1998 (Ordinance 98-87 amending Ordinance 90-008). A second time extension to secure the Final Subdivision Approval was granted by the County Council effective February 12, 2002 (Ordinance 02 21 amending Ordinance 98 87). According to Ordinance No. 02 21, Final Subdivision Approval should have been secured by February 12, 2007. Lastly, the applicant submitted a third time extension to secure the Final Subdivision Approval, which was granted by the County Council effective August 14, 2007 (Ordinance 07-106 amending Ordinance 02 21). According to Ordinance No. 07-106, Final Subdivision Approval should have been secured by August 14, 2012. The applicant received Tentative Subdivision Approval on February 10, 1995 and submitted Final Plat maps on February 27, 1997. According to the applicant, considerable jobsite construction work, including drainage way bridges, culverts, extensive grading and utility work have been done. The applicant received approval of revised construction drawings on August 7, 2009, addressing the previous Public Works and Water Supply Department concerns. The applicant is also continuing to work on environmental concerns—storm debris removal from waterways, erosion control measures, equipment maintenance, pasture water system improvements, including enlarged water storage tanks and troughs. The amendment request is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 are not the result of their fault or negligence. The applicant has indicated that the current reason for non-performance is mainly due to the poor economy. The applicant has indicated that they have done considerable improvements, including drainage way bridges, culverts, extensive grading and utility work associated with the project. The Planning Director does acknowledge that this is the fourth time extension request and that it has been over 20 years since this change of zone was originally approved. In reviewing the past time extension requests, the applicant appears to have made continuous development progress with the exception the exceptional heavy rainfall event that occurred on October 10, 2006, which caused considerable erosion damage to the project site. The applicant appears to be committed to finishing the project and there has been a considerable amount of work done on the project site as well as on-going efforts to secure the necessary construction and site development approvals from other affected agencies. The Planning Director does acknowledge continued progress for the project with the exception of the recent stall as a result of the poor economy. Based on the sustained poor economy, it is determined that the applicant could not have foreseen the economic downturn, which was beyond their control, and not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan,the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG) Map, which designate this area as Extensive Agriculture. This designation consists of lands not classified as Important Agricultural Land. It includes lands that are not capable of producing sustained,high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope,machine tillability and climate. The request is not contrary to Zoning Code. The requested A-3a zoning would continue to complement the existing A-3a zoning in the area. The requested A-3a zoning would be compatible with the existing zoning pattern for this particular area. Lastly,the request is not contrary to the original reasons for granting the change of zone. At the time of the original application, the request was consistent with the General The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 Plan Land Use Pattern Allocation Guide (LUPAG)map, which identified the area as Extensive Agriculture. The request was consistent with the 1986 North Kohala Community Development Plan, which encouraged the use of smaller scaled agricultural lots and encouraged more intensive use of North Kohala's agricultural resources through the subdivision of selected agricultural lands into smaller and more manageable parcels. Lastly, the requested zoning complemented the existing zoning designation of the area, which was mainly A-3a. Since the approval of the most recent time extension, the North Kohala Community Development Plan has been adopted. The request is not contrary with the goals of the North Kohala Community Development Plan. Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Zoning Code, and the original reasons for granting the change of zone. For your favorable consideration, an amendment to Ordinance No. 07-106 is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Geraldine Giffin, Chairman Leeward Planning Commission Lelwinhusseyrez6551pcw Enclosures cc: Ms. Susan Wells Fischer Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel Planning Department - Kona BHussey-REZ655 jwd-11-01-12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE NO. 07-106 (REZ 655) AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) ELWIN F. HUSSEY has submitted a request for an amendment to Condition C (time extension to secure final subdivision approval) of Change of Zone Ordinance No. 07-106, which amended Change of Zone Ordinance 02-21,which amended Change of Zone Ordinance 98-87, which amended Change of Zone Ordinance 90-008, which rezoned 28.832 acres of land from an Agricultural 20-acre(A-20a)to an Agricultural 3-acre (A-3a) zoned district. The property is located along the southeast side of Ala Kahua Drive, approximately % mile mauka of the Ala Kahua Drive—Akoni Pule Highway intersection, Kohala Estates Subdivision, Kahua, North Kohala, Hawaii, TMK: 5-9-007:007. APPLICANT'S REQUEST 1. Request: The applicant is in the process of developing an 8-lot subdivision. The applicant has submitted a request for a 5-year time extension to comply with Condition C of Change of Zone Ordinance No. 07-106 (REZ 655), which states: "Final subdivision approval shall be secured within five(5) years from the effective date of this amended ordinance. 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." Final Subdivision Approval should have been secured by August 14, 2012. (Planning Department Exhibit 1 —Amendment Request dated August 14,2012) 2. Reasons for Request: The applicant has submitted the following reasons for the time extension request: • Due to the economy, the feasibility of the project is low. Such a long sustained recession could not have been foreseen by the Keanahalululu family partnership. An extension of time to complete the subdivision improvements is not contrary to the County's General Plan or the Zoning Code, or to the original reasons for granting a Change of Zone. -1- Attachment to: Comm. 68 Bill 22 • Considerable jobsite construction work has been done, including drainage way bridges, culverts, extensive grading and utility work. Revised Triad Engineering construction drawings received approval on August 7, 2009, addressing Public Works and Water Supply Department concerns. • Work continues on environmental concerns—storm debris removal from waterways, erosion control measures, equipment maintenance,pasture water system improvements, including enlarged water storage tanks and troughs. 3. Landowner: The landowner of the property is Keanahalululu, LLC. BACKGROUND INFORMATION 4. February 13, 1990: Effective date of Change of Zone Ordinance No. 90-008 approved by the County Council,which reclassified lands from A-20a to A-3a. 5. May 13, 1991: The Planning Director granted a one-year administrative extension of time to Condition B (submit preliminary subdivision plans)until February 13, 1992. 6. October 15, 1991: The Planning Director acknowledged archaeological reconnaissance survey report in compliance with Condition D of Ordinance No. 90-008. 7. November 1, 1991: The Planning Director acknowledged receipt of subdivision application with preliminary maps and filing fee. 8. February 10, 1995: Tentative Subdivision Approval for SUB 91-174 was secured from the Planning Director. (Planning Department Exhibit 2—Tentative Subdivision Approval Letter Dated February 10, 1995) 9. February 27, 1997: The Planning Director acknowledged receipt of the Final Plat maps. 10. August 27, 1998: Effective date of the Change of Zone Ordinance No. 98-87 approved by the County Council,which amended Ordinance No. 90-008 by granting a time extension of three(3) years until August 27, 2001 to secure Final Subdivision Approval. 12. February 12,2002: Effective date of the Change of Zone Ordinance No. 02-21 approved by the County Council,which amended Ordinance No. 98-87 by granting a time extension of five(5) years until February 12, 2007 to secure Final Subdivision Approval. 13. August 14,2007: Effective date of the Change of Zone Ordinance No. 07-106 approved by the County Council,which amended Ordinance No. 02-21 by granting a time extension of five(5) years until August 14, 2012 to secure Final Subdivision Approval. 14. August 4, 2012: Submittal of the current annual progress report as required under -2- Condition M of Change of Zone Ordinance No. 07-106. (Planning Department Exhibit 3 —Annual Progress Report Dated August 14, 2012) DESCRIPTION OF STATE AND COUNTY PLANS 15. General Plan LUPAG Map: Extensive Agriculture. 16. State Land Use Designation: Agricultural. 17. County Zoning: Agricultural 3-acre(A-3a). 18. North Kohala Community Development Plan: The North Kohala Community Development Plan(NKCDP)was adopted by Ordinance No. 08-151, effective on November 5, 2008. 19. Special Management Area (SMA): The property is not located within the Special Management Area(SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 20. Subject Property: The property is part of Unit 1 of the Kohala Estates Subdivision, which was approved by the County in July of 1971 (SUB No. 2999). This first increment consisted of 46 lots. The property is 28.832 acres in size and is rectangular in shape. The Keanahalululu Gulch runs through the property in a mauka-makai direction. 21. Surrounding Zoning/Land Uses: The zoning designation for the adjacent properties to the northeast and northwest is A-3a. The adjoining parcels to the south west is zoned A-20a. Lands to the south are zoned A-40a. Surrounding lands are in scattered residential uses, agricultural activities, or vacant. PUBLIC FACILITIES 22. Access: Access to the property will be from Ala Kahua Drive,which has an 80-foot wide right-of-way and 24-foot wide pavement. Entrance to the property is situated approximately 150 feet southwest from the intersection of Ala Kahua Drive and Iliahi Place. 23. Water: Water is available from the Kohala Ranch Water Company's private water system. The applicant entered into an agreement with KRWC in which the latter will commit to not more than 4,800 gallons of water per day. 24. Wastewater: The applicant will comply with wastewater requirements of the State Department of Health. -3- 25. Utilities: All other essential utilities and services are available to the project site. Electric utilities are being provided underground. AGENCIES' COMMENTS 26. Department of Public Works: (Planning Department Exhibit 4— September 19, 2012 Memo 27. Department of Water Supply: (Planning Department Exhibit 5— September 17, 2012 Memo) 28. Department of Environmental Management: (Planning Department Exhibit 6— August 23,2012 Memo) 29. Police Department: (Planning Department Exhibit 7—August 27,2012 Memo) 30. Fire Department: (Planning Department Exhibit 8—August 30,2012 Memo) 31. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 9—September 18, 2012 Letter) 32. Department of Land and Natural Resources-State Historic Preservation Division: (Planning Department Exhibit 10— October 8, 2012 Letter) 33. Department of Health: (Planning Department Exhibit 11 —August 30, 2012 Memo) PUBLIC COMMENTS 34. As of the date of this writing,the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -4- • Susan Wells Fischer for Keanahalululu P. O. Box 44417, Kawaihae, Hawaii 96743 808 882-7611 page 1 of 2 August 14, 2012 Bobby Jean Leithead Todd Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Amendment to Change of Zone Ordinance No. 07 106 TMK: 5-9-07:007, North Kohala, Hawaii Island Applicant: Elwin F. Hussey, "Keanahalululu" (Rez 655) We are writing to request an Amendment to Change of Zone Ordinance No. 07 106, August 14, 2007, Condition C "Final subdivision approval shall be secured within five (5) years from the effective date of this amended ordinance" (by August 14, 2012). We are requesting five years from the effective date of an amended Ordinance, or by year 2017. The proposed three acre zoning is consistent with the density of the area. The attached map of Kohala Estates shows a limited number of original A-20a zoned parcels remaining. Roughly half of the area's three acre lots have been further divided into an additional over 50 one to one and a half acre Condominium Property Regimes (CPR's). The adjoining Hawaiian Homelands to the South has existing half acre house sites with more planned within a master plan stretching mauka to above the Kohala Mountain Road. Considerable jobsite construction work has been done, including drainageway bridges, culverts, extensive grading and utility work. Revised Triad Engineering construction drawings received approval on August 7, 2009, addressing Public Works and Water Supply Department concerns. Work continues on environmental concerns - storm debris removal from waterways, erosion control measures, equipment maintenance, pasture water system improvements, including enlarged water storage tanks and troughs. Due to the economy, the feasibility of the project is low. Such a long sustained recession could not have been foreseen by the Keanahalululu family partnership. An extension of time to complete the subdivision improvements is not contrary to the County's General Plan or the Zoning Code, or to the original reasons for granting of the Change of Zone. Planning Dept. Exhibit tl 1 August 14, 2012 page 2 of 2 The North Kohala Community Development Plan (CDP) encourages infill of existing developed areas surrounded by similar density and near town centers as a way to preserve prime agricultural land. Discussions during the formation of the CDP centered on the fact that development activities in this portion of North Kohala are more oriented to the Kawaihae area of South Kohala and have little impact on the village centers between Hawi and Halaula where the majority of residents in the North Kohala district live. As a result, the CDP contains no objections or concerns specific to the existing A-3a zoning within Kohala Estates. In the long term, Keanahalululu is committed to implementation of the North Kohala Community Development Plan to maintain Kohala's rural character, with low impact rural infrastructure: " . . . neighborhood low speed roads with drainage down the center of pervious pavement (preventing shoulder erosion), runoff routed to sedimentation ponds, road design following the contours of the terrain (as opposed to "cookie-cutter" layout), wide grass shoulders for walkways and trees, underground utilities (additionally advantageous in hurricanes and storms, as well as emergency relief efforts), and low profile minimal street lighting." (CDP Strategy 4.8, page 84) At the Keanahalululu job site: • Sedimentation ponds or infiltration basins, contour land planning and grading were completed several years ago. Today the benefits are evident with volunteer trees and bushes, including some native plants, thriving in fertile low spots, even through periods of drought. Community planners have visited the sedimentation basin system to view erosion prevention methods. • The roads have been graded for drainage down the road centers, with runoff routed to the infiltration / sedimentation basins. • Extensive trenching has been done throughout the project for underground utilities. Development plans include no street lighting to interfere with the night sky. • Preserves have been designated to save existing resources with sufficient area for future improvements. • Drainage crossings - arched bridge and culverts with natural rock headwalls. Thank you for your consideration of our request. Please contact me at (808) 882-7611 with any questions or for further information. Sincerely, Wells Fischer for Keanahalululu Attached: Map of Area Density ~ . • t'• ` is characterized by three acre lots, , 4-it'`..' .■•,.,, . 'i effectively doubling Proposed 3 acre lots manifurther divided into "CPR's". I ./,' , ,i, .. 0. .../ ?; the density of roughly . CPR 5 acre properties shown on the map i4,...,./ ,• A if ,,,, • (,,,s-- ,,, ,0 I , ., ., , , : ,,. \ ,,\, ■ , . t . - ..- . --- „. r....- • 'D ..1) .."-. i\ (I) Last remaining '..'\ -t- -0 _C s._ *e..: . %,?...,..,,...,..----1-■.--...---70---i- -- , CI: civ-:TI-4-0 \ , , (.) --A-. (IZ5 : 'as c: ; ll ..... fei.',;I,)4. l I. il i 1!.: 1 8:I . ,j r •r.,, --__. . .,,,, 1[ J ,: ,., ...,...1 tf......ii4Lit..1,....7;., ...._,.....•_, ,,, :•„) ....• .,.1 --1- Nrc,..,c.1,1{. 11 • II . or :' krl • It 9 • 404• , " . ., :. - ,■•,: k„,_ i C . , I , 101 I • , . ., ` `--���. ' , // �-'-\/\''`` - '-:-// �` ~' - ) ^ -- ^ / ^—' - ` ! , 9 �.i J4:••r of COUNTY OF HAWAI`Y STATE OF HAWAII '\ •;•.•..+nth``. BILL NO. 82 ORDINANCE NO. 07 106 (DRAFT 3) AN ORDINANCE AMENDING ORDINANCE NO. [02-24]02-21, WHICH AMENDED ORDINANCE NO. 98-87, WHICH AMENDED ORDINANCE NO. 90-008,AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL-20 ACRE(A-20a)TO AGRICULTURAL-3 ACRE(A-3a) AT KAHUA 1ST,NORTH KOHALA,HAWAII, COVERED BY TAX MAP KEY 5-9-007:007. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. [02-21•] 02-21 is amended as follows: "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. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, [Hawaii]Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District; C. [. . .. . . . .. . . . . . ' . . . _ _ _. - ° - , - _ - - •- - •• - ]Final subdivision approval shall be secured within five(5)years from the effective date of this amended ordinance. 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; D. It shall be determined 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; E. 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; F. 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; G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works; H. 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; -2- • . • A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval; [T]J• [ • . -- , ._ •_.; - , , - , _ . . .. . _ .' -- _ _. with] The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; [3:]K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction 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; L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of 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 Plan Approval and/or Final Subdivision Approval; [4-]M.. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This conditions shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; [and] -3- Ong--Code; for granting of the change of zone; and, aetiem j If the applicant should require an additional extension of time,the applicant shall submit its request to the Hawaii County Council for appropriate action; and [MAO.Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through. New material is underscored. -4- • SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED . COUNCIL ME►0:ER, COUNTY 0'HAWAII Kona.Hawaii Date of Introduction: July 10, 2007 Date of 1st Reading: July 10, 2007 Date of 2nd Reading: July 25, 200 7 Effective Date: August 14, 2007 INLi-LRENCE: Comm, , 306.7 -5- A.'SO 0 r ' .7"---------i'; y-moo. i / CA. O0N 6-3e I O; _. a FOR REFERENCE 1 a-ae PURPOSES ONLY A,.02 / /■•4•b a Q C A.-a o.a ; #*•Jrr A qtr'4•*,ei' C?a*SW a'.4.••}•J •- •• • _.a nos•-i t a7+w AQIRICULTL..ltl 0 :. 'A-.=..e t �.*�',►�'�*' .f//�.i. .�i/I4 Tea A I I CL 1—'71 1R.Pd.. (A-13 AIRMAN +AL =AB-el. 2. ACt�e R 4241.00 l+t�-.!T ....s.. IIIII ...-2.•... b m • u 4"1 . . As;aim 1•17 . A...ft A..A.a AMENDMENT TO THE ZONING CODE * ,Anei aNO trvG .M 'tot+1 =..S-9W A (NVL -rH AND Sou- p KOHAL.A C -Ti'Q1CT '20NE MAp) A T1G#... 3, c,HAPTeI '2.3 C DNIINC3 Co OE, CFA THE HAP4, 11 • cr Jr4T r Cc1©m, 1Si' C1-tANe1NS -rHM DtSTRICr CL..A=s 1?r i CA'T7 C N F R't)Ni AeR 1c L!L.-rL1 R A L. (A-u,Q v) Tq AMR ICULTLJPAL (A- cti) AT MAHUA 1ST, NCT'T'1•1 it®HAL•A, HAINAI1. PRCP.gi4mri t9'r' a PC_ANIN1INC1 bC1°ATQT1vtM.1"4T "T' 1 Pc• -.: -g-a7 ; 7 CCT. 17, t"J' eV , X)..4 I P IT "!S'1 . . . _ _ • OFFICE OF THE COUNTY CLERK County of Hawai4i Kona,Hawai`i (Draft 2) Introduced By: K. Angel Pilago L 'Q , Date Introduced: July 10, 2007 AYES NOES •ABS • X First Reading: July 10, 2007 Ford X Published: N/A Higa g Hoffmann X REMARKS.. Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X Second Reading: July 25, 2007 7 • 0 2 0 (Draft 3) To Mayor: August 2, 2007 ROLL CALL VOTE Returned: August 14, 2007 AYES NOES ABS EX Effective: August 14, 2007 Ford X Published: August 24, 2007 Higa X REMARKS: Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. - APPROVED AS TO `��►,� FO AND LEGA ITY: .1 "• '��"�' et t I COUNCIL QHAIRMAN DEFUlY CORPORATION C EL COUNTY OF HAWAII �� COUNTY L K Date •f_ Bill No.: 82 (Draft 3) prove Disapproved this Ilf` ` day Reference: C-306.7/PC-35 of R ; w/ , 20 01 Ord No.: 07 106 I YORC: F IfAWYAI I • 4-t' ..„-„t,i.,?..,..... ., ` ,6i1.' Virginia Goldstein Stephen K.Yamashiro i*; . ���,�®• Director Mayor _ Norman Olesen �'TF"os Mt•'t!�•'-, Deputp Director er,itzt PLANNING DEPARTMENT 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288,•Fax(808)961-9615. February 10, 1995 Elwin F. Hussey c/o Susan ;Wells Fischer PO Box 44417 Kawaihae, HI 96743 Dear Mr. Hussey: Subdivider: HUSSEY, Elwin F. "Keanahalu ulu" Proposed subdivision of Lot 14 of Ld. Ct. Cons . 117 Into Lots 14A to 1411, Inclusive at Kahua 1st, Kahua & Waika, North Kohala, Hawaii TMK: 5-9-007:00.7 (SUB 91-174) Please be informed that tentative approval of the preliminary plat is hereby granted with modifications and conditions . The subdivider is now authorized to prepare detailed drawings of the plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System Standards, State of Hawaii, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to the installation "of the necessary distribution pipeline, fire hydrants , and service laterals. 2. Submit water system construction plans for our review and approval 3 . Pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system, but not less than $25 .00, to cover the costs for plan review, testing, and inspection. 0 ') i�. Planning Dept. Exhibit._ - FEB 1 3 199 . Elwin F. Hussey February 10,, 1995 Page 2 4 . Final plat map shall be prepared and certified by a registered land surveyor and shall contain all of the requirements of Chapter 23, Subdivision Control Code, Sections 23-63 thru 23-69 . 5 . Identify the location and direction of all watercourses or any areas subjected to inundation by` a 100-year storm. Identify all such areas by drainage easements. 6. Submit drainage calculations and flood control plans (local drainage and flood control provisions) . 7. Indic.ate Q before and after subdivision. development. No additional storm run-off to adjacent properties or roadways due to subdivision development, will be allowed. All generated storm flow `shall be disposed of within the subdivision. Indicate how this will be accomplished. 8 . Roadway design shall follow the standards of the "Hawaii Statewide Uniform Design Manual for Streets and Highways" including allowable street grades and minimum curve radii . 9 . Provide street lights as required. 10. Provide minimum 20-ft. wide agricultural pavement within minimum 50-ft. wide right-of-way for the proposed cul-de-sac. Where grades are 8-percent or greater, roadways shall be built to paved standards of the code. 11. Provide a 10-ft. wide "no vehicular access planting screen easement along the northern boundary of the subject subdivision fronting Ala Kahua Drive, exclusive of the proposed access roadway. 12. Provide minimum 30-ft. radius agricultural pavement within minimum 45-ft. radius circular turnaround. Cross slopes within shall not exceed 5-percent. 13 . Provide a minimum 100 feet long intervening tangent (instead of the 51 feet long tangent shown) at the reverse curves in the vicinity of Lots 14A and 14C. 14 . Reconfigure the "pole" to Lot 14G to radially intersect the circular turnaround. Provide minimum 10 feet curve radii at the entrance to the flag Lot 14G and minimum 12 feet width for the reconfigured pole. too 1- Elwin F. Hussey February 10, 1995 Page 3 15 . Indicate and identify ,"Easement 76" that exists along the southern boundary of the subject subdivision. 16 . Submit a sight distance report consisting of the required and available sight distances at all access and intersection points . The required sight distances shall be based on the posted speed limit plus 5 Miles Per Hour (MPH) . Adequate sight distances shall be provided at all access and intersection points or the proposed subdivision shall be reconfigured. 17. Submit construction plans for review and comment. 18 . Comply with all conditions of Change of Zone Ordinance No. 90 08 • 19 . Place property markers in accordance with the final Plat map. Surveyor shall submit certification upon completion. 20 . Submit nine (9) copies of the final plat map within one year from the date of tentative approval. If not, tentative approval to the preliminary map shall be deemed null and void. Only upon written request from the subdivider and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. 21. Subdivider shall complete all requirements specified as conditions for approval of the preliminary plat (tentative approval) within three years of said approval. An extension of not more than two years may be granted by, the director upon timely written request of the subdivider. Paved driveway are recommended along the "poles" to flag lots where grades equal or exceed 8%. Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC) , Administrative Rules, Department of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Department of Health, State of Hawaii . Furthermore, should dedication of roadways including drywells be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules . (E) t. Elwin F. Hussey February 10, 1995 Page 4 You should be aware that if at any time during the fulfillment of the foregoing conditions that environmental problems emerge-- problems which were earlier overlooked or not anticipated/ accounted for • data/reports available to date--this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problem(s) . The Planning Director shall confer with members of the Subdivision Technical Review Committee or other concerned agencies to resolve the problem and notify you accordingly. No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic of this office. Sincerely, ,me----.-,-,---r ,.-- VIRGINIA GOLDSTEIN -e- Planning Director EC: im 6065D(9-12) Attach. xc: 4 engineers PLNG-KONA_ DPW-ENG-KONA w/PPM Wes Thomas & Assoc. , Inc. Triad Engineering REZ 655; SUB 2999 i5 ., rF Susan Wells Fischer for Keanahalululu P. O. Box 44417, Kawaihae, Hawaii 96743 ` °' 7: 39 808 882-7611 August 14, 2012 page 1 of 2 Bobby Jean Leithead Todd Director Planning Department, County of Hawaii 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Annual Progress Report Change of Zone (A-20a to A-3a) Ordinance No. 07 106, 02 21, 98 87, 90 008 (Rez 655) Applicant: Elwin F. Hussey, "Keanahalululu" TMK: 5-9-07:007 We are writing to update the Planning Department of our progress toward completion of our Change of Zone requirements. Considerable jobsite construction work has been done, including drainageway bridges, culverts, extensive grading and utility work. Revised Triad Engineering construction drawings received approval on August 7, 2009, addressing Public Works and Water Supply Department concerns. Due to the economy, the feasibility of the project is low. In the interim, our focus has been on environmental concerns - storm debris removal from waterways, erosion control measures, equipment maintenance, pasture water system improvements, water storage tank and enlarged water trough. The proposed three acre zoning is consistent with the area, surrounded on three sides by three acre agricultural lots, 1 acre CPR's, and planned half acre lots on Hawaiian Homeland. In the long term, Keanahalululu is committed to implementation of the North Kohala Community Development Plan to maintain Kohala's rural character, with low impact rural infrastructure ". . . neighborhood low speed roads with drainage down the center of pervious pavement(preventing shoulder erosion), runoff routed to sedimentation ponds, road design following the contours of the terrain (as opposed to "cookie-cutter" layout), wide grass shoulders for walkways and trees, underground utilities (additionally advantageous in hurricanes and storms, as well as emergency relief efforts), and low profile minimal street lighting." At the Keanahalululu job site: • Sedimentation ponds or infiltration basins, contour land planning and grading were completed several years ago. Today the benefits are evident with volunteer trees and bushes, including some native plants, thriving in fertile low spots, even through periods of drought. Community planners have visited the sedimentation basin system to view erosion prevention methods. • The roads have been graded for drainage down the road centers, with runoff routed to the infiltration/sedimentation basins. • Extensive trenching has been done throughout the project for underground utilities. Development plans include no street lighting to interfere with the night sky. • Preserves have been designated to save existing resources with sufficient area for future improvements. • Drainage crossings - arched bridge and culverts with natural rock headwalls. Planning Dept. Exhibit ___ ,1,-42 1 t _:r.,( rd.L.') August 14, 2012 page 2 of 2 Our progress toward completion of conditions of our Change of Zone Ordinance is as follows: Section 2 Owners are complying with (A) the conditions of approval, and (B) permissible uses of State Land Use Agricultural District (C) Subdivision: Feb. 10, 1995 Tentative Subdivision Approval Feb. 10, 1997 Final plat map submitted Jan. 27, 1998 Subdivision Time Extension until Feb. 10, 1999 Dec. 30, 1998 Extension of Time until Feb. 10, 2000 for completion of subdivision improvements Jan. 30, 2000 Time Extension Request Change of Zone Annual Progress Report Change of Zone Time Extension Request Feb. 10, 2001 Time Extension Request Change of Zone: Aug. 27, 1998 Effective date of Ordinance No. 98 87, amending Change of Zone No. 90 008 Extension of Time to secure Final Subdivision Approval until August 27, 2001 Feb. 12, 2002 Effective date of Ordinance No. 02 21, amending Ordinance No. 98 97 Extension of Time to secure Final Subdivision Approval: five years, or by Feb. 12, 2007 Aug. 14, 2007 Effective date of Ordinance No. 07 106, amending Ordinance No. 02-21 Extension of Time to secure Final Subdivision Approval: five years, or by August 14, 2012 (D) (2) The property is dedicated for agricultural uses with the Department of Finance, Real Property Tax Division, and is presently being grazed. (E) An archaeological reconnaissance survey report was submitted, accepted by the Department of Land and Natural Resources, Historic Sites Section, and approved by the Planning Department. (F) If archaeological sites or features are uncovered, work will cease and the Planning Director will be notified. (G) A drainage system is being installed to County standards. (H) There will be one access to the subdivision from Ala Kahua Drive. (I) A solid waste management plan will be submitted. (J) All applicable laws, rules, regulations & requirements will be complied with. (K) Unified Impact Fees will apply to project, if adopted by council. (L) Affordable Housing requirements will be met. (M) Annual progress reports are submitted to the Planning Director. (N) Additional time extension requests, if necessary, will be submitted to the Hawaii County Council. (0) If conditions are not met, the Director shall initiate rezoning to appropriate designation. Please contact me at(808) 882-7611 with any questions or for further information. Sincerely, iU� -/./24 C r_ Susan Wells Fischer for Keanahalululu �2 PLANIs IN DEPARTMENT DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII COUNTY OF HAWAII HILO, HAWAII 2011 SAP 1 8 AN 3: 40 DATE: September 19, 2012 Memorandum TO • B.J. Leithead-Todd, Planning Director Planning Department FROM : Ben Ishii, Division Chie ,Engineering Division SUBJECT : Change of Zone Application to Amend Ord. No. 07 106 (REZ 655, Docket No. 89-000009) Request: 5-yr. Time Extension to Condition C (Time to Secure Final Subdivision Approval ) Applicant: Elwin F. Hussey (Keanahalululu) Location: Kahua, N. Kohala, HI TMK: 3/5-9-007:007 We reviewed the subject application and subdivision file and have no objections to the requested time extension. However, by inspection on 9/11/12 we noted stalled utility trench work and road paving have not been completed and the grading permit has expired. The road grading and open unfinished trenching are diverting offsite stormwater. Diversion of a watercourse has not been justified by any flood study we have on record and will not be permitted without proper review and approvals. Due to the time lapse since the latest construction plan re-approval and the above issues, the construction plans shall again be submitted for re-approval. Any watercourse alterations shall be addressed in conformance with County Drainage Standards and Chapter 27 of Hawaii County Code as a condition of such construction plan re-approval. Areas of inundation shall be documented on the final plat as drainage easements as a condition of final subdivision approval, in accordance with the Tentative Subdivision Approval dated February 10, 1995. Should there be any questions concerning this matter, please feel free to contact Kiran Emler of our Kona Engineering Division office at 323-4851. Planning Dept. KE copy: ENG-HILO/KONA 081 1 32 Hawaii County is an equal Opportunity Provider and Employer ,, of WATER S-_ oP:o`" r� ;19 49? • • r oG � ,,,'' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`i -=ylypFHAWp��?p"° 3 4 5 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 17,2012 n�U TO: Ms. BJ Leithead Todd,Director Planning Department y `' FROM Quirino Antonio,Jr.,Manager—Chief Engineer SUBJECT: CHANGE OF ZONE ORDINANCE NO. 07-106 (REZ 655) APPLICANT—ELWIN F.HUSSEY REQUEST: 5-YEAR TIME EXTENSION TO CONDITION TAX MAP KEY(3) 5-9-007:007 We have reviewed the subject request and have the following comments and conditions. We have no objection to the proposed time extension request. The water system construction plans must be updated and reapproved prior to construction of the water system, and our Engineering Division must be notified at least 72 hours prior to start of construction. Pursuant to Section 23-84 of the Hawai`i County Code,the water system must be designed in accordance with the Department's current Water System Standards to provide water at adequate pressure and volume under peak-flow conditions. The applicant must also pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system, but not less than $50.00,to cover the costs for plan review,testing,and inspection. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070,extension 256. Sincerel ours, Quirinq Antonio,Jr., P.E. Nina!-r-Chief Engineer RQ:dfg copy— Mr. Elwin F. Hussey Ms. Susan Wells Fischer Planning Dept. Exhibit 081089 . . . .Water, Our Most Precious resource . . . ` rz Wai fit.Katie . . The Department of Water Supply is an Equal Opportunity provider and employer. SEP 10 2012 '' RECEIVED : .may William P.Kenoi ;r+��� NLA HAWAII Dora Beck,P.E. PLANNING Mayor �- "t _ Acting Director••William T.Takaba • ; .OF.4.41'' Managing Director Count of.Pafintil DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai'i 96720 (808)961-8083 Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : August 23, 2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director / Subject: Change of Zone Ordinance No. 07 106(REZ 655,Docket No. 89-000009) Applicant: Elwin F.Hussey(Keanahalululu) Request: 5-Year Time Extension to Condition C(Time to Secure Final Subdivision Approval) TMK: 5-9-007:007 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. Ale ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Qa ( ) Ample and equal room should be provided for rubbish and recycling. V► ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer 01 stations, or other suitable diversion programs. •_ 'bo ( ) Construction and demolition waste is prohibited at all County Transfer Stations. c 'a ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. 0 X ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on CI- LLB current status. ( ) Other: SCANNED y�_0 g#9'41 County of Hawai`i is an Equal Opportunity Provider and Employer. YOF • SEPla •William P.Kenoi .; �� "� ' ': fJF NSW) Dora Beck,P.E. Mayor = "i Y � Acting Director • William T.Takaba • •Ti cs•Mp+�_ Managing Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : August 23,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director fin Subject: Change of Zone Ordinance No. 07 106(REZ 655,Docket No. 89-000009) Applicant: Elwin F. Hussey(Keanahalululu) Request: 5-Year Time Extension to Condition C(Time to Secure Final Subdivision Approval) TMK: 5-9-007:007 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WAS EWATER COMMENTS: (Contact Wastewater Division for details.) 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 Hawai'i County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. ( ) Check or line out as applicable: [ ]If required by the Director of the Department of Environmental Management("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Other: 080941 County of Hawaiti is an Equal Opportunity Provider and Employer. I x J�tY,CF,H.� . William P.Keno' ,s-ll} c ���� Harry S.Kubojiri Mayor �"NV."' Police Chief s 1012 A 1S `F Iii 2' 55 +'TE OF NF ',` Paul K.Ferreira Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 August 27, 2012 TO : BJ LE1TI?IER TODD, PLANNING DIRECTOR • NNING DrPARTMENT FROM : ' k H. EALOHA JR., ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : Change of Zone Ordinance No. 07 106 (REZ 655, Docket No. 89-000009) Applicant: Elwin F. Hussey (Keanahalululu) Request: 5-Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 5-9-007:007 The above-referenced application has been reviewed, and we have no comments or objections to offer at this time. Should there be any questions, please contact Captain Albert Cortez, Commander of the North Kohala District, at 889-6540. AC RS120524 Planning Dept. Exhibit,... .....�. SCANNED ri 2 9 2012 a . • . i►1 "Hawai`i County is an Equal Opportunity Provider and Employer" • Willia�x}p,Kenoi� ,r x s' �a Darren J. Rosario 1�fi►yPla', ,r + a(� _ �a;••�• 1+<reChiej .s;;;; Renwick J.Victorino 2212 SEP t.11 9: `., - Deputy Fire Chief ( ouutp of Ti9athari HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 August 30, 2012 TO : BJ LEITHEAD TODD, PLANNING DIRECTOR FROM : DARREN J. ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE ORDINANCE NO. 07 106 (REZ 655, DOCKET NO. 89-000009) APPLICANTS: ELWIN F. HUSSEY (KEANAHALULULU) REQUEST: 5-YEAR TIME EXTENSION TO CONDITION C (TIME TO SECURE FINAL SUBDIVISION APPROVAL) TAX MAP KEY: 5-9-007:007 We have no comments to offer at this time in reference to the above-mentioned Change of Zone Ordinance. DARREN J. ROSARIO Fire Chief Planning Dept. TG:lpc Exhibit g 081101 ?� . VRE Hawai'i County is an Equal Opportunity Provider and Employer. Iji 0 0 P{Ar 3 r y - R!T t'r t NEMLABERCROIIMDIE t• w 'e .4' �i• 1VILLTIlAt J. R. G(7Vl RNUP OF IIAWAII �� CI WItWiNG 14SoN N! /g+m 1 IUMRl, 'IAN1,. )NAil:RN MI VM I1 I.S n`•l}? f- f .Y �i`I I l:IMIMI tiRNI ON W A N)•itlf MANM.II N. L! 1 1 { +� STATE OF HAWAII 911 1:`w DEPARTMENT OF LAND AND NATURAL RESOURCES r LAND DIVISION �' '` POSTOfriCii BOX 621 Irate 01 He° HONOLULU.I lAWA11 961109 September 18,2012 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idarrowia co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Ordinance No. 07 106 (REZ 655, Docket.No.*89- 000009), Elwin F. Hussey (Keanahalululu), Applicant, North Kohala, Hawaii;TMK: (3)5-9-007:007 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from (i) the Engineering Division and (ii) the Hawaii District Land Office, and (iii) the Division of State Parks on the subject matter. Should you have any questions,please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, ussell Y. Tsuji Land Administrator Planning Dept. Enclosure(s) Exhibitor... ., i SCANNED )EP i 9 7011 . By: 0 $ 114 • • NEIl.ANEIN911)MI116 e L WII.1.1AM J.MLA.III 14 IINIW In HAWAII rpAMi,n+ 1 f = S Ip NMilitl lAtpt4e:ItED 1f±NM11• IIMMIIf+p IN�Ni �1j. qN1 20 sE•', -,:s,r., a 0003 and Nm I STATE OF HAWAII �`� °S P 2N: j DEPARTMENT OF LAND AND NATURAL RESOURCES I.AND DIVISION • OE t. l ANa POST 0111=fcf:BOX 621 NATtJE ;L )ESOtIRGFS SJUeo(t Ifl)N(>tf11i1. IlAWAlf Iwsu1� ETA r FlANrAI( August 28,2012 MEMORANDUM TO: DLNR Agencies: Div. of Aquatic Resources Div.of Boating&Ocean Recreation X Entif a iteDivisiniV )C Div. of Forestry&Wildlife )C Div. of State Parks Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District s on Preservation FROM: Russ . suji,Land Administrator SUBJEC : C ge of Zone Ordinance No.07 106(REZ 655, Docket No. 89-000009) LOCATION: North Kohala,Hawaii;TMK: (3)5-9-007:007 APPLICANT: Elwin F. Hussey(Keanahalululu) Transmitted for your review and comment is information on the above referenced application. A complete copy of the Special Permit Application Form for Connection Public Charter School Kaumana Campus is available at the Land Division office in Honolulu. We would appreciate your comments on this document. Please submit any comments by September 17,2012. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( ) We have no comments. ( ) Co t tents a • hed. Signed: `49/ 1 • P neer rint n. *;/ Date: `' e7 5 / cc: Central Files 081114 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION DL/KevinMoore Ref.:CanceJGEONo.2413Reser2DOAWaikoloaLalamilo Hawaii.516 COMMENTS () We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Flood Zone (X) Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)768-8296 of the City and County of Honolulu,Department of PIanning and Permitting. () Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Mr.Francis Cerizo at(808)270-7771 of the County of Maui,Department of Planning. () Mr.Wynne Ushigome at(808)2414890 of the County of Kauai,Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: (X) Other: We do not have any objections for the request to an amendment to change zone ordinance No.07106,Condition C,dated August 14,2007 to the parcel of land located at North Kohala,Hawaii identified by'FMK:(3)5-9-07:007. Should you have any questions,please call Ms.Suzie Agraan of the Planning Branch at 587-0258. Signed: _.,. CAR' IAN , CHIEF ENGINEER Date: • 081114 • • NFU.AIikR VOMBI6 0 t ; • •WILLIAM J.MLA.JB. taWHINORUI IIAWAII ' ' 191n1Mi7 Y`I1 W f lr 1MMM111N 1AN11Atil,1 11414 Id•.4 Ws I ` i�/ t l 11p.NW�11WfWWAIIII VIM I1AnNMA AM in 4I„ 1 odd,nd N�� �►�wr „ STATE OF HAWAII1rw �� j >; 2: j i DEPARTMENT OIL LAND AND NATURAL RESOURCES _ . 11 LAND DIVISION I'oST OFFICE 130X621 RECEIVED state.113. ` 11()N()111111.IIAWAII 068111) LAND O LitVlSION KILO, HAWAII August 28,2012 RNA MEMORANDUM r? 4 °— TO: DLNR Agencies: '-'),,'- •-,,_Div. of Aquatic Resources , r.. rn Div. _ of Boatin►&Ocean Recreation X Engineering Division r›. 3 ° .Div. of Forestry& Wildlife =c) X Div.of State Parks "' a _ Commission on Water Resource Management _Office of Conservation&Coastal Lands C F; DiVisldrifMTawatinDistiVa s on Preservation FROM: Russ . suji, Land Administrator''�r—� SUBJEC : CI ge of Zone Ordinance No. 07 106(REZ 655,Docket No. 89-000009) LOCATION: North Kohala,Hawaii;TMK: (3)5-9-007:007 APPLICANT: Elwin F.Hussey(Keanahalululu) Transmitted for your review and comment is information on the above referenced application. A complete copy of the Special Permit Application Form for Connection Public Charter School Kaumana Campus is available at the Land Division office in Honolulu. We would appreciate your comments on this document. Please submit any comments by September 17,2012. If no response is received by this date,we will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. ( /1 We have no comments. ( ) Comments are attached. Signetfr Print name: ,�,,,.� Date: 77/0//7.— cc: Central Files 081114 • • *A£ of •4-k Mt 11.ARFRCRI)M01E �, 4tJ r+ W11.1.1AM.1.A114.JR. c.0Vt PNOROI 1lAWAli Val' 1 ��1r4 y Y. 1l1ANIY{N,I MI r 4 l•• { IN 4U111rN 1 ANI1.41111..•.Il Y 11 Y'411 Hr 1 I1) C�}.�l ~':�-1 r1A1►N.NN MIrNi WAIIN HiM4W11 A/ANAId MI141 ,'1 �' 1." ,�'A�E PA dam„aandHd14t 10 a ,,fi STATC OF HAWAII *11 544%, DEPARTMENT OP LAND AND NATURAL RESOURCES 1t LAND DIVISION POST OFF ICII 13OX 621 sfotoorHMO IIONO!Ill.l),IIAWAII WON August 28,2012 MEMORANDUM TO: DLNR Agencies: o _ Div.of Aquatic Resources 7; T Div. of Boating&Ocean Recreation ;,f 1 X Engineering Division =1 sTM 1 t ,{- ry7rri .Div. of Forestry& Wildlife zc�,y < 3ivitoMttite Ptirk� c > v`)o Commission on Water Resource Management 2RQ* cf _Office of Conservation&Coastal Lands vt X Land Division–Hawaii District s on Preservation FROM: Rus> . suji,Land Administratot SUBJEC ': C ge of Zone Ordinance No. 07 106(REZ 655,Docket No. 89-000009) LOCATION: North Kohala,Hawaii;TMK: (3)5-9-007:007 APPLICANT: Elwin F. Hussey(Keanahalululu) Transmitted for your review and comment is information on the above referenced application. A complete copy of the Special Permit Application Form for Connection Public Charter School Kaumana Campus is available at the Land Division office in Honolulu. We would appreciate your comments on this document. Please submit any comments by September 17,2012. If no response is received by this date,we.will assume your agency has no comments. If you have any questions about this request,please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. We have no comments. ( ) Comments are attached. Signed Print name:1)01.1's.4 5. &A tilt Date: VW/1r ft- cc: Central Files 081114 WILLIAM J.AILA,JR. NEIL ABERCROMBIE 31 1 a�y r. g/�� I ° t - C %t 6,O F.,I'I--_ CHAIRPERSON GOVERNOR OFOAWAII p /.AH li 0.4- Dr ,t4 j { /�p.r t95...u. ly BOARD OF LAND AND NATURAL RESOURCES A 1 �`f ry y,..,„0,1*.;.,9� ce` COMMISSION ON WATER RESOURCE MANAGEMENT`# I PAULJ.CONROY I i -k 1+ L. , INTERIM FIRST DEPUTY L a,� and 16�, tl� 'ill'- I WILLIAM M.TAM d rrr��t ry OCT �' 34C f .�A 01{ I c 1 10 PH 2: 48 .� � DEPUTY DIRECTOR-NAl'ER r * 70 ( L. 1} !! 111 \1::.:14:3.4.,--,N'''''''''''......:::.;; ;''''''' AQUATIC RESOURCES III n LWC•]�� • BOATU.GANDOCEANRYCREATION w BUREAU OF CONVEYANCES COMMISSION COMMISSION ON WATER RESOURCE MANAGEMENT It CONSERVATION AND COASTAL LANDS HISTORIC PRESERVATION DIVISION CONSERVATION EERI RESOURCES ENFORCEMENT ENGINEERING 4reoft., DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY HISTORIC KAIIOOLA WE ISLAND RESERVE COMMISSION 601 Kamokila Boulevard,Suite 555 STATE PARKS Kapolei,HI 96806 October 8,2012 MEMORANDUM TO: Russell Tsuji LOG NO:2012.2556 Land Division DOC NO: 1210MV04 PO Box 621 Archaeology Honolulu,HI 96809 r ___ FROM: Theresa Donham 1 Archaeology Branch Chief SUBJECT: Chapter 6E-42 Historic Preservation Review— Change of Zone Application(Rez 655,Docket No.89-000009) Waika Ahupua`a,North Kohala District,Island of Hawaii TMK: (3)5-9-007:007 Thank you for the opportunity to review the subject application that was received by our office on August 30,2012. We apologize for the delayed review and thank you for your patience. According to the application, the owner has requested a change of zoning from the current designation of A-20a(agriculture)to A-3(agricultural).The applicant has also indicated that it is their intent to subdivide the subject parcel in accordance with the approved change of zone. Our records indicate that an archaeological survey of this property was conducted by Barrera in 1991 and no archaeological sites were recorded. However, no final draft of this report was ever accepted by the SHPD. In addition,this survey was undertaken prior to the adoption of HAR 13-276,which establishes the minimum standards for archaeological inventory surveys in the state of Hawaii. Therefore, SHPD believes that there is the potential for undocumented archaeological sites to exist in this project area,and requests that an archaeological field inspection is conducted by a qualified archaeologist. If historic properties are identified during the field inspection SHPD requests that an archaeological inventory survey be conducted on this proposed project area to determine if historic properties are present,and if so determine an appropriate course of treatment for the sites. We look forward to the opportunity to review and accept a field inspection report or,if necessary,an AIS report that details the findings of the inspection/survey prior to the amendment of the zoning boundaries. Please contact Mike Vitousek at(808) 652-1510 or Michael.Vitousek(a/Hawaii.gov if you have any questions or concerns regarding this letter. cc: lia,BJ Leithead Todd,Planning Director Hawaii County Planning Department 101 Pauahi Street, Suite 3,Hilo,HI 96720 SCANNED Planning Dept. 20,r Exhibit /0 �. . NEIL ABERCROMBIE o F Hq LOREITA J.FUDDY,A.C.S.W.,M.P.H. GOVeRNOR � •'�95y ,, Director of Health ffi ;r €s `9;1 E Nwtfr ' ' a. fit ' lei ah } STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: August 30, 2012 TO: Bobby Jean Leithead Todd Planning Director, County of Hawaii FROM: Newton Inouye t ' District Environmental Health Program Chief SUBJECT: Change of Zone Ordinance No. 07 106 (REZ 655, Docket No. 89-000009) Applicant: Elwin F. Hussey(Keanahalululu) Request: 5-Year Time Extension to Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 5-9-007:007 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:CZO 07 106.my SCANNED ,f :'kenning Dept. ; Exhibit 71 RHu s s ey-REZ6 5 5j wd-11-01-12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE NO. 07-106 (REZ 655) AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) Upon review of the request, the Planning Director recommends that a favorable recommendation of the request to amend Condition C of Change of Zone Ordinance No.07-106 be forwarded to the County Council. Since this recommendation is 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. This favorable recommendation is based on the following findings: The applicant is requesting a five(5) year extension of time to comply with Condition C of Ordinance No. 07-106, which requires the applicant to secure Final Subdivision Approval within five years from the effective date of the amended ordinance. The applicant plans to subdivide the subject property into 8 lots, approximately 3 acres in size each. Condition C of Change of Zone Ordinance 07-106 (REZ 655) states: "Final subdivision approval shall be secured within five(5) years from the effective date of this amended ordinance. 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." The original request to change the district zoning designation from A-20a to A-3a for the subject property was approved by the County Council effective February 13, 1990 (Change of Zoning Ordinance No. 90-008). According to Ordinance No. 90-008, Final Subdivision Approval should have been secured by February 10, 1997. The first time extension to secure the Final Subdivision Approval was granted by the County Council effective August 27, 1998 (Ordinance 98-87 amending Ordinance 90-008). A second time extension to secure the Final Subdivision Approval was granted by the County Council effective February 12, 2002 (Ordinance 02 21 amending Ordinance 98 87). -1- According to Ordinance No. 02 21, Final Subdivision Approval should have been secured by February 12, 2007. Lastly, the applicant submitted a third time extension to secure the Final Subdivision Approval, which was granted by the County Council effective August 14, 2007 (Ordinance 07-106 amending Ordinance 02 21). According to Ordinance No. 07-106, Final Subdivision Approval should have been secured by August 14, 2012. The applicant received Tentative Subdivision Approval on February 10, 1995 and submitted Final Plat maps on February 27, 1997. According to the applicant, considerable jobsite construction work, including drainage way bridges, culverts, extensive grading and utility work have been done. The applicant received approval of revised construction drawings on August 7, 2009, addressing the previous Public Works and Water Supply Department concerns. The applicant is also continuing to work on environmental concerns—storm debris removal from waterways, erosion control measures, equipment maintenance, pasture water system improvements, including enlarged water storage tanks and troughs. The amendment request 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. The applicant has indicated that the current reason for non-performance is mainly due to the poor economy. The applicant has indicated that they have done considerable improvements, including drainage way bridges, culverts, extensive grading and utility work associated with the project. The Planning Director does acknowledge that this is the fourth time extension request and that it has been over 20 years since this change of zone was originally approved. In reviewing the past time extension requests, the applicant appears to have made continuous development progress with the exception the exceptional heavy rainfall event that occurred on October 10, 2006, which caused considerable erosion damage to the project site. The applicant appears to be committed to finishing the project and there has been a considerable amount of work done on the project site as well as on-going efforts to secure the necessary construction and site development approvals from other affected agencies. -2- The Planning Director does acknowledge continued progress for the project with the exception of the recent stall as a result of the poor economy. Based on the sustained poor economy, it is determined that the applicant could not have foreseen the economic downturn, which was beyond their control, and not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designate this area as Extensive Agriculture. This designation consists of lands not classified as Important Agricultural Land. It includes lands that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability and climate. The request is not contrary to Zoning Code. The requested A-3a zoning would continue to complement the existing A-3a zoning in the area. The requested A-3a zoning would be compatible with the existing zoning pattern for this particular area. Lastly,the request is not contrary to the original reasons for granting the change of zone. At the time of the original application, the request was consistent with the General Plan Land Use Pattern Allocation Guide(LUPAG)map, which identified the area as Extensive Agriculture. The request was consistent with the 1986 North Kohala Community Development Plan, which encouraged the use of smaller scaled agricultural lots and encouraged more intensive use of North Kohala's agricultural resources through the subdivision of selected agricultural lands into smaller and more manageable parcels. Lastly, the requested zoning complemented the existing zoning designation of the area, which was mainly A-3a. Since the approval of the most recent time extension, the North Kohala Community Development Plan has been adopted. The request is not contrary with the goals of the North Kohala Community Development Plan. -3- Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Zoning Code, and the original reasons for granting the change of zone. Based on the above findings, it is recommended that a favorable recommendation to amend Change of Zone Ordinance 07-106 be forwarded to the County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 07-106 is provided for your favorable consideration. (Material to be deleted is bracketed and strike through and material to be added is underscored). -4- cPJ�L�or M�a' COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 07 106, WHICH AMENDED ORDINANCE NO. 02 21, WHICH AMENDED ORDINANCE NO. 98 87,WHICH AMENDED ORDINANCE NO. 90 008, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—20 ACRES (A-20a)TO AGRICULTURAL—3 ACRES (A-3a) AT KAHUA 1ST,NORTH KOHALA,HAWAII, COVERED BY TAX MAP KEY 5-9-007:007. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 07 106 is amended as follows. "SECTION 2. [This change in district classification is conditioned upon the flew ] In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -1- SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- • 11110 CHussey-REZ655 jwd-10-26-12 ELWIN F. HUSSEY AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 07-106 (REZ 655) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The applicant, successors or assigns shall be responsible for complying with all requirement of Chapter 205, Hawaii Revised Statutes,relating to permissible uses within the State Land Use Agricultural District; C. Final subdivision approval shall be secured within five(5) years from the effective date of this amended ordinance. 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; D. It shall be determined 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 copy Conveyances. A of the recorded deeds shall be Y filed with the Planning Department within one year from the date of final subdivision approval; E. 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; F. 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; G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works. H. 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; I. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of Final Subdivision Approval; J. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction 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; L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of 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 Plan Approval and/or Final Subdivision Approval; M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; N. If the applicant should require an additional extension of time, the applicant shall submit its request to the Hawaii County Council for appropriate action; and 0. 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. A--.4.,. P•', A- CI . P<4 Y N. A-4Ja A 'mac a �4 c,,,N,/ 7 i �,1 A-3a !�Q\h' A-aa 1 l,•• A.'ac Ni• A i sr a — -- ' A •-O a 0 xo A 2.sn,a A-ay Y ! -- A•3•3 A-.3q 1•43°29•'.1C" 54+5.39 s77g" y AC- R ICU UTUfZAL.. (A-'20+a) //// V4W4"GO �1 fi�lREAN = 2B-e3, 2. Aamma ::T ± � /2 y l -* 4-7' .-- •,sG . ALA tcAHUA 7( _-.----- ---- DR I V A--2.o, t't 0 A•."1 o a 0 1 fi _3-, A-aa A- ..o Q A-2oa A-tea A 31 F 3a -r .v-:aoa A u U A-3a A-Be. ' _--- Pi It u F'•'=t if ```Prmro�P u A-'a A-..1.oe u \- ` / n-�q AMENDMENT TO THE ZONING CODE AT1'It~NDING SE*CTION 25-° 5 A (NORTH AND SOUTH KW)-tALA D1ST? C'T-S "ZONE MAP) ARTICLE 3, c1--tAPTER 2 ( ONlNC CODE) Oi THE HA;A4A11 CGnLINTY COD , t3e-T' CHANeriNt5 THE DIS'TI LC"r Ct...AsS1FiGAT1©N ptWN1 AG'rRtCVL:T-UI'QAL. (A-2.00) TO AGR1cuLTLl1RAL. (A-3e0 AT KAHLA )S7 NORTH KOHALA, HAWAII. te=gRE PAR Et) teiY : pL-ANNINa 0=-PANT N1GN-r t Cd1-)NIT " 4f-' HAWAII E X.H 1 G I T "A" FOR REFERENCE ONLY Lll l0 N w ce l0 0 0 >" cc O Z w V Z W o 0 I /1 w � ) Z 0 N = O w . l7 Z O w .., r . • , „ id• v v 1, ,• v v v v \,.. i,e vr v v r - notro+01.4 Pert ..tr.- als 0 rik r4I. ' er'rell 0 , tid-744,: 0,211 0"1111 „' II ..-r-.--- I. , i .----•."-..' I s , , -- , r - I . ..' 5 z.i 1 , 1 1 \ 1 , A., l I , 1 ,. *11 , lett gio s , .., A 0.461 ti It.1111%, •i. firilIpArfrp,,.,fti. *.. Art ligN1 Vida.,"74 1.fa% , , / c'l '■VI& 474:47' 4 0,ft, 1111740116..4 AN 1 litplit I 11101A1 I S ' it Viff wrimo.f.r”ur ve- ri kli Stileitt1-44 at& \ .420. 4. 04,0117,4N1,1io' 4 lir. \ '44*14,‹ 11110 11,... Ai:\\ '""` 1000., "-.•::.t 0,- ;b4t14 r. ,.'„er't• ,..,4 Irsik r • .,--',.. f-40- 4'1 .. , 1/A.AA* yli \ '''....-■IA,-'Villfr' MPiiO4,4,05., /L 404 4,4 00.A. 'eltV4411.'IA r). rie' . -,'\A 1 .A•IA''''* 441"410 ir(04:010r14, ,},-‘";"”".■ ' llo 111,44#4 fir.f44 4.00.10.1"4-7.,* `''* 414144144 0 447 *414.01:rel.&.' tisikoik$1.7,...4-lmitr CD .„,isai*,41.s.rill lit 'Ova V.4.7P .01'4 ' 4lita#AVS 0.4Orte■ 2 ego,14. -to, ..-- C Silli$11,i, __. ..-- . - - --- RI ■ ilk, +01 Av Ire U 0 —1 vt z \ cc ,,,,, 7. \ 4,- \ \ <Cm ,./ .., \ en y \ 101Pi‘t. ci ,./. g akik 101 $ • • --:- z.7 '' 114 ti ///' .10101.M1 10-7 A1P'VS en \ 111***ries / Wi"1110 l 11111111111111 . 74400, , 71 111----011F . VV. \ . z \ 1Pr 11\ \ \ il „ 1 # \\ t , LI 'W . Ill \ . V II, 04 eig \*, •. ', . „c.., 4 m A, r A \ N, C /1/ /.z1, . . A 1 t,.. t -4 , 01 ‘,„,„, / , \ I. ei e: en <I IIPIP'\e) A..10- . \ , 010: 44 \ ,,,. S ' tZ • ,,(7-- 11, / Rp• ., ., h , / \ -. ,. ..• 1- ..% .1•, a 0..... ,,,.. / /8",,,,, t4'. .zi U ' I r' ' '\'''\ . // 0 ) \ N4'4,,, -1... •- ,• 4/8 ' IP,,■ *ss\\* \. \„ w•1111.1P-A 0 4111-171,. 04'gai 4 11-7014111 1101 1,0011101111111i**6--t%Ili\ 4 \ 00 1-10,niall L• r ,.. .0.. so 010 n3 .....„ •,- or . 2 le 1 L.9 ,\., # r „ .„ /I, „,, / .., \..\.,,,,, *,ef. .\ ok ii• ., *, .., \i t\ • . • 2\ fit* ,•'' OM 7 4 , x , 0 .,\,. ,--1y • ,,, \ /,, 7 • Ti ' , -..- f -,•,,_... _..,::• \ ../.;\.\\ z 111111 -- 11100 . D \ 1 .., , \ s 41, yAkillilk,4 4, w •4404 q ti 4/ L \3 CD 10*440Pfrifie ,„9 CU ..,.. ,,../ „ , r e -,t4 et- .... , at ,, ,..,,:.0",,,,,,,,,„.,. , , ;sus 3. h: lite tip, $°f� a irs', ��w .rests _ ,.. ,. .. ,, , ., : . „,,,._ .. .,.... . a . , . ,, .,. '' \''''- '' . ....,. .., , ,...„ , , ..;,,,, . .. ,. ,,. , . „, . ::17 :::?).1 c� #' v y m srf^, - * fir. .ease WY" ueeX, ft n 0 -C , , 46,1,ft _ , CL a ' '' N. n ,1` Yt o > >, a, -o U c+— � .c a) C �r1 +, a) c O a) a) a) ' � -o -- � � to . . U O v to L 4.., CU �=' CU LE W 0:0 CU > . .®® +-+ ...0 C to lin N. � O � o � 4_, � .0 C D O E z -0 (u ) V -0 s cri V .N - ra '5 to U O V r6 > to to UN C+C 2 > -- 4-) ra L -0 > in •O C ra L • ; cn Q� � Qom,► L � w o -i� a} 2 Q r‘irl C. 0 -C •- - ) a) S' c o n3 a) c -7, -1-i .c a) ((DI , .so (N 1a„1 w O • • -> E 2 a) 7) -�-� cn O its L O D to V .— W to -0 to a r6 aJ VI to L C -I-' > aJ D D CU 01 - (0 o ro � .7 to In 0) I t •" C •- u ." roQ a) I..n _c ._ ,....00< U S 8 3 a) Q_ it lc EEC C al O u C • • i > > (13 C Rs O O O C L .o, s `= 4 a)vw 03 • • -0 • a! •E +, a) 0-• C E -0 O. ' itl to 0 "I-1 CU -O • a1 7:3 cp CID 0 a:D u a) c (13 O = w W C1 D a1 Cr (13 Li/ a! C Cr c a1 O 2 ' 1 '§. 73 I a1 CU ,C i ttU L -0 a W ./7 C C ( . U > O - O +.+ O O +0■+ -o .��+ X u - E C IINC 4- _ > C X i u 713 — a! viv, "17 +.• u t g „,_ 0 u 4_cu C u — 2 cu �3 c D - O C s in 0 Ou u � aJ 9) vi C ... O C 0 C 47) -0 •–0 ..W 73 aJ C a1 •W ++ 0 C 0 O tA 0 rQ V1 +, O v •� o D V,63 >Co a) aJ i! N 4-' C �+ .-:C V " CU ^ E C-47, ct C_ O .C aJ tin 'i_ u0 i! C1 a) a) a) 4-1 rQ .4-+ 03 47 C .vi D ra r.. ? tu in _C D D OC "L_n 3- w> Du 1 a 8 oc 0 41 .i..,8 INC i- 0 0 u 13 < 0 4... O. vs 1 . - -- -- _ . .____-• ..-.. ---- _____—• - -•H 1 . ._......_ . '•,. . +Ma 0. ,. . . ....... 1, ! 0 , ......, ......_ ...... IA , .,. . ,. ilk > .0 ,, ,,, --- Co i., ,LP ... -- -— ■Il :1 • .-'111`,7;!'; la : 0 •--L, • 1 ' . ., • Nom 0!I 0 (A ,,,,, • , ‘ -, - - • . 11 ' , i t 11 1, It lu • Nom 1!11 // ... ', :. 173 ) , ‘I at i • 1 1 il MC i p I I' ; ii. VI,„ +a 4 i .......,:,,, if -.I ,t,,.. ,': 4„ .- ,i, , , 1 . 47 1 1, ImCi ;It ,, 4 : it• ,,....po It I /* ...-''.- ' '' i .......-1-'.--:•.> -. / •. NI- " , cu ,,,::::,, \-:::-._i_ 7 1--,A*,,, -;-•7-.,...• . f *-, . ..,p-.. IF 'In , , ,.., „. : ‘,. \ 1 , Ili t : 0 1 ■A T %ILI 15 CL . ;11 I ti 0 „ , ir - .• ',.* III■ 1 ----- ,-1-,....i tit • ..... , I -- :...) # 5':4 1 i i 11. , - hr ‘" •. - , -..--,-- i'4k- ei• . _- - , --------_. .1 1 r I; y i + i E it •ft D ? +'_ , o ; 4 , � ., f y` 4 R >ilk ill A i'l 'f H g !,--.._,a 1om" -j y g; 1 r ' 4 l C ° I O _ 1 ■ ■ tri {` 1 4 ,{ ■ > / • - - f I'• 11 .,.1 . l H VI - 1 11 i� / ). III, 1 `_,-_. 'II a ''. 11..;,.,,c___,' Lill 1..!Iyi g O ...4.447�* a Li I E ' 1 1111 . , '` Lb .11 11 H 1 H a) '''''''" ,.,,,t .i I Iiii VI 1 0 'I R_.. O _._ 0.11 R I} ,! _ �;5� 9 . O - ---*----------...--------rte"',,»" _---- I__-_ – >114 f0 I � C ii ,fr 1 /� / w — .. O .. > ,---00--*--4,–––' if p ;, , _ t 8 ii I MID i min - II — 4 I!! w� it ! . . '16 t wm-ws Illmi 5 11 . ` ,, ii (1) lill : i; will i lin �� _ ,a 4j i � A O I. 7 R ;g O 1,1. 14 , It 11 0 0. y _ar:—2.s k 0— _-_-_,4_,....:::: _ T bbb d4e j I ., , : . ..... ri.,,,_ 4,,, ,.;\ I x ":. t I it. y`y'+ rt r Tea �" k 1 st. A , , y e" ; ' .1!,,. it „"f 'M *b.@ . �3 r te. ,, e + " ! s�y,z c ,......,.,'y I(r, ' r it L.A.. 4 , t + s es �# i ' U w s^ 4 �_� l! RI ' r ' 1 > t .. ' 'e''S.:" '.',.ti ' ,1 A. .1 i '..*,"4 ■ 1, '''t 1A, 11,-, t - ii, 9, , .4,....t ,.1:- -,,, 5 '4',"ti,,k4-,t,i'.7-• ,,,, • ' i kli -: •� r M T., 16. + . * C Cr a• ,t a j— �J:J_ ,i a Z a I J 7) G :a 0 0 '''','• W� pct .%'" 4 h d ': am , . }li 401 b+ tin r r .... ° 3 g . ' CI) t '3.'1 3• '''',10. '' "'' ''414# :dd. :. .-} 3:*, ,.' ., ,f "f°.., .. ,v''''' .g. f,f e,.! , ' •' ,''' i,i",4.' ' i",- '''..-1,4 4'4, h••14 ' , a., I if ..r. . .,t.. w-.'..-,.. ,.. ens , , ., ' , r 'il- ' !t ',, ,',.' 1■.' ,..) , ..,, t A,• ,,,,,,, t 1.t , . in . ' .,'''' ' ' A,ti''," ..i';AA,:' . \...i ',f.t4 ., f . I(, . q , 7y•,.4,-• 4..... ' r •• 4'■• ti ' 1 4 4 1, • . , . ,._g. .i...... .1 V , . •l■ .., v . A i; I i i; :'.4,-Al . . ,-•••• :, , '4$ re ,f) , ■0 • „,i '', , ''' „ .L Vt o o e) I ! (4 cl .., ... 0 .,". , ,..f. ... , . . ,..., 0 , 0 F4...-' ■ 4" c) >,: 0 +.11 r L.,4*-:s. I•,,, •• , ....• , , RI 0 ( r• .." ' :?': U• iiii * . ''''4''',-■ '`.!, , l' '' , ,.,•.4 ' .% - , 44 4 -.Ai_ ri Om l'i,"-44.0fir4VV:A44.4.4':- „ tie•:, ,,'''' ,1..i1V.'''14--f-,,,,,,-.- ISK 4 ,'' -' ...-,,L g: .'' ? ''''','"';';',Vel p'1.,`..,',,,,"e• ,, i,-.-' '. /1 !4', : ' ' t', ,4.',, 1, '.' ''' ' ' 1,, li! ''/' , ..• t #'' ' i)/* / / • . , i 1 f° i ,., , 4. ''', ,,,,P ' -1,' , 4 *• UN) '::'::: :','1;;:',11::,th,114t4:'''''''',,■'4''4,', ' I 1 '1 3, _. 4, ,,, ..,1P4,' a {} V IMO �►.; g' :::'''.'''''''L*,,.4.'"'., I , ,.., ,,, e.-",';'1-. 3,1`.....":fi' : : '''''''''''t'''::r.:'''''''''.:ILIF2glit ' t await 1,--:."--::: x *y '� ^•sr, r 'sla , & ':� ♦r ".',',t.A' , , -,..i,' ,'' . ' O 0 r . N d x` & v Ap � ' ; v 0 �X ` milmil C? Mr a. / 'i „i‘ ....„.�` _�.�� 1 ss.. ..s..„ , .., 4. : .s .. ,. .. R * u 1)-''''yr tr AA' ii R :=C li, TA:' it o � 0 iott, ` .r IMII 1 '01 ' ' 40.,::, . , , , as 1 , 4: ''st ,,, ( W 1 .'t', .'1' ,''w j Y ,,1 ,\, Pitlyrta D 0 - - . \ ,* V. 'r 0 '' -1:' h , v M r -'f, ,. , `ii� % /)! _� ! cn D tai t- ., ��� , m ra w a: r r13 t'. 0 ' , E M a 7 io LEI • :7 1} C' v f O �J :V ,/".. ,.. > ..f ` i • v i ‹ 4-7.4„. Ian $ "- * 7 V, e. ..„ ....,... ,, . . t 0 St � tir Y ' , L ' ; F 3Y >,/ 4 '\\.. - '-', / /: , e 1 44 11 \>"‘,.„. *' < .., , ,,...., ' Pf A Y4l' J ,. Y AZr \ss, '441: ": it yA'f X. r O s:;i: :iv C O V s .+J -§ tin ft. c ),... c o O O � +3 • ••••1 a ra %— -0 E • .. CI 42)C E o c" E u cu C• — a =Co 3 10 m MI 111=1111•N mar 8 CI. ce > as