HomeMy WebLinkAboutCOM 0748.000 2014-2016 ` +tY Os pi Randall M.Kurohara
Acting Managing Director
William P.Kenoi •:�. •
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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
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March 2, 2016 :
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Dru Kanuha, Council Chair
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 99-36 (REZ 909)
Request: Five-Year Time Extension to Condition C (Secure Final
Subdivision Approval)
Applicant: Kenneth K. Leong Trust
Tax Map Key: 7-4-004:033
As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the
County Council's consideration and action are the Leeward Planning Commission's letter and
enclosures regarding the above-referenced request.
Sincerely,
kar2R.
WILLIAM P. KENOI
Mayor
MTransCouncilKLeongREZ909
Enclosures
cc: Planning Department
`_ Comm. No.
<11:1‘k 1047 Ref. To:
Ref. Date MAR 1 a
County of Hawaii is an Equal Opportunity Provider and Employer.
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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
MAR - 2 2016
Dru Kanuha, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Kanuha and Council Members:
SUBJECT: Amendment to Change of Zone Ordinance No. 99-36 (REZ 909)
Applicant: Kenneth K. Leong Trust
Request: Five-Year Time Extension to Condition C (Secure Final
Subdivision Approval)
Tax Map Key: 7-4-004:033
The Leeward Planning Commission, at its duly held public hearing on February 18, 2016,
recommended for your approval the proposed legislative bill for an amendment to Change of
Zone Ordinance No. 99-36. The property is located along the west(makai) side of Mamalahoa
Highway, approximately 0.7 miles south of the Mamalahoa Highway-Palani Road intersection at
Kealakehe Homesteads First Series, Kealakehe,North Kona, Hawai`i.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting to amend Condition C of Change of Zone Ordinance No. 99-
36, which states:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from the
effective date of the Change of Zone ordinance."
Hawaii County is an Equal Opportunity Provider and Employer
Dru Kanuha, Council Chair
and Members of the County Council
Page 2
This condition required that Final Subdivision Approval be secured by March 15, 2004.
The applicant is requesting a 5-year time extension from the date of approval of this
proposed amendment to secure Final Subdivision Approval.
According to the applicant, the subject parcel was originally rezoned with the
express purpose of subdividing the property into three lots so that, as part of estate
planning, Mr. Leong could provide a lot for eaclh of his three daughters. Tentative
subdivision approval was granted in 2002 and Construction plans were prepared. A five
(5)year administrative time extension was granted in 2004 pushing the deadline to secure
final subdivision to March 15, 2009. The family found themselves unable to complete
the requirements of final subdivision approval cue to Mr. Leong's passing in 2009, along
with the 2008 economic downturn. The family!is requesting an additional five year time
extension as they are now ready to complete the subdivision, as directed by the Kenneth
T. Leong Trust.
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 or their fault or negligence. According to the applicant, the subject
parcel was originally rezoned with the express purpose of subdividing the property into
three farm lots so that, as part of estate plannin , Mr. Leong could provide a lot for each
of his three daughters. Tentative subdivision approval was granted in 2002 and
construction plans were prepared. A five(5)year administrative time extension was
granted in 2004 pushing the deadline to secure final subdivision to March 15, 2009. The
family found themselves unable to complete the requirements of final subdivision
approval due to Mr. Leong's passing in 2009, among with the 2008 economic downturn.
The family is requesting an additional five year time extension as they are now ready to
complete the subdivision, as directed by the Kenneth T. Leong Trust. The landowner has
taken reasonable steps toward completing subdivision of the subject property such as
submitting preliminary subdivision plans and construction plans, the applicant has
consistently been working towards compliance,with the conditions of the change of zone
and non-performance is the result of conditions that could not have been foreseen and
were beyond the control of the applicant.
Approval of this request would not be contrary to the General Plan or
Zoning Code nor the original reasons for granting the Change of Zone. The General
Plan was updated in 2005. This update amended the Land Use Pattern Allocation Guide
Dru Kanuha, Council Chair
and Members of the County Council
Page 3
(LUPAG) designation from "Orchard", to "Urban Expansion." The applicant's proposal
to subdivide the subject property into three parcels of approximately 1.35 to 1.50 acres in
size is consistent with the land use designation.
The Kona CDP (KCDP) was adopted by the Hawai`i County Council on
September 25, 2008 and identifies the majority of the property as situated within the
"Kona Urban Area", although not within a designated Transit Oriented Development
(TOD) zone. The subject parcel is also mostly situated within Concurrency Zone"H" on
the Kona CDP Official Concurrency Map.
The KCDP primarily directs future growth to the Kona Urban Area, and to infill
areas within or adjacent to existing development. The subject property meets these
criteria, and thus would be consistent with the growth management policies of the KCDP.
In addition, the KCDP designates the Kona Urban Area as a"critical road area"as
defined by the Hawaii County Code. According to KCDP Objective Tran-6
Concurrency and Policy Tran-6.1, Rezonings (and amendments thereof), within the Kona
Urban Area, "...shall comply with the official concurrency map (see Table 4-1 and
Figure 4-3), which identifies road segments to be constructed concurrent with occupancy
units as the minimum "area mitigation", as defined in HCC 25-2-46(Zoning Code). "
The KCDP Action Committee provided the Director with a transportation concurrency
policy interpretation which states: "The Action Committee advises that the intent of the
CDP policy, transportation 6.1 —is to require that the official concurrency map be
applied as follows: To the extent that road improvements are necessary as area
mitigation for a project within the Kona CDP, such improvements shall be for some or
all of the road segments in that concurrency zone sufficient to offset the traffic demand or
impact generated by the project, based on the Level of Service in accordance to the
standards for such determinations as set forth in section 25-2-46 of the zoning code.
Those Level of Service standards set forth in section 25-2-46 of the zoning code
(concurrency)require a traffic impact analysis report (TIAR), is if a proposed zoning
change will generate 50 or more peak hour trips. According to the applicant,this three-
lot subdivision will only generate the equivalent of two (2) peak hour trips, and therefore
would not require "area mitigation" as required by the zoning code and KCDP.
Dru Kanuha, Council Chair
and Members of the County Council
Page 4
Since the original Change of Zone was granted, the General Plan Facilities Map
(Ordinance 06-153) was updated to classify Mamalahoa Highway as an existing collector
street. According to the Department of Public Works-Engineering Division, the
"proposed" minimum width of the Mamalahoa Highway right-of-way should be 60 feet,
which is at least as wide as the General Plan standard for a major collector street. The
road widening condition will be updated to reflect this. In addition, DPW requested a
revision to the driveway access condition with the following proposed language: "A
common access approach for all proposed lots to Mamalahoa Highway, including the
provision of adequate site distances, shall meet with the approval of DPW. " The
driveway access condition will be updated to reflect this request.
In a letter dated January 29, 2016, the State Historic Preservation Division
(SHPD) indicated that there was no record of an archeological inventory survey(AIS) for
the property and that based on a review of aerial photography, the parcel appears to have
been significantly altered due to previous grading activities. In addition, SHPD stated
that they had no objection to the requested, 5-year extension,however they asked that a
condition be added, "stipulating that SHPD have the opportunity to review any future
proposed plans that may have a potential to affect historic properties including any
ground disturbing activities within the subject parcel. " With respect to the requested
condition language, there is already a standard condition included in this favorable
recommendation requiring SHPD notification and review in the event that any
unidentified historic remains, such as artifacts,burials, paving, or walls, etc. be
encountered. In addition, should any subsequent land alteration permits be required (e.g.
grading or grubbing permits, etc.), SHPD will be afforded to opportunity to review and
comment per HRS Chapter 6E-42. Based on the preceding, we feel adding the requested
condition would be redundant based on existing processes and authorities already in
place.
Lastly, the request to amend Condition C to allow a time extension to secure Final
Subdivision Approval is not contrary to the original reasons for granting the change of
zone, which was to create a 3-lot farm subdivision and convey lots to family members as
part of estate planning. The proposed request will not unreasonably burden public
agencies to provide for infrastructure and utilities to the project site.
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 99-
36.
Dru Kanuha, Council Chair
and Members of the County Council
Page 5
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 99-36 is provided for your favorable consideration. The Planning Director
recommends that existing conditions in the ordinance be revised to reflect the current
standard language for conditions of approval, housekeeping revisions, and requested
changes as indicated above (Material to be deleted is bracketed and strike through and
material to be added is underscored).
For your favorable consideration, an amendment to the Ordinance No. 99-36 is herewith
transmitted.
We are enclosing copies of the staff Background, Planning Director's Recommendation, the
Power point presentation and a draft transcript of the hearing for your information.
Sincerely,
Thomas Whittemore, Chair Pro-tem
Leeward Planning Commission
LKleongAmendREZ9091pc2
Enclosures
cc: Kenneth K. Leong Trust
Mr. James Leonard, JM Leonard Planning LLC
Department of Public Works
Department of Water Supply
Department of Land &Natural Resources-HPD
DOT-Highways, Honolulu
William Brilhante, Esq., Corporation Counsel
Planning Department- Kona
BKennethLeongTrustREZ909Amend.crk 2.05.16
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KENNETH K. LEONG TRUST
CHANGE OF ZONE ORDINANCE NO. 99-36 (REZ 909)
AMENDMENT TO CONDITION C
KENNETH K. LEONG TRUST has submitted a request for a 5-year time extension to
Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance No. 99-36,
which rezoned 4.201 acres of land from an Agricultural-5 acres (A-5a) zoning district to a
Family-Agriculture-1 acre(FA-1a) zoning district to accommodate a proposed 3-lot subdivision.
The property is located on the west (makai) side of Mamalahoa Highway, approximately 0.7
miles south of the Mamalahoa Highway-Palani Road intersection at Kealakehe Homesteads First
Series, Kealakehe, North Kona, Hawaii, TMK: 7-4-004:033.
APPLICANT'S REQUEST
1. Request: The applicant has submitted a request to amend Condition C of Change of
Zone Ordinance No. 99-36, which states:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five(5) years from
the effective date of the Change of Zone ordinance."
This condition required that Final Subdivision Approval be secured by March 15, 2004.
The applicant is requesting a 5-year time extension from the date of approval of this
proposed amendment to secure Final Subdivision Approval.
2. Reasons for Request: According to the applicant, the subject parcel was originally
rezoned with the express purpose of subdividing the property into three lots so that, as
part of estate planning, Mr. Leong could provide a lot for each of his three daughters.
Tentative subdivision approval was granted in 2002 and construction plans were
prepared. A five(5) year administrative time extension was granted in 2004 pushing the
deadline to secure final subdivision to March 15, 2009. The family found themselves
unable to complete the requirements of final subdivision approval due to Mr. Leong's
passing in 2009, along with the 2008 economic downturn. The family is requesting an
-1-
Attachment to: Comm. 748
Bill 164
additional five year time extension as they are now ready to complete the subdivision, as
directed by the Kenneth T. Leong Trust.
3. Landowner: Kenneth K. Leong Trust
4. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 —Change of Zone amendment application
for Ordinance No. 99-36 dated October 28,2015)
BACKGROUND INFORMATION
5. March 15, 1999: Effective date of Ordinance No. 99-36 which reclassified 4.201 acres of
land from an Agricultural-5 acres (A-5a) zoning district to a Family-Agriculture-1 acre
(FA-la) zoning district to allow for a 3-lot subdivision.
6. January 31, 2002: Subdivision 2000-0174 for Kenneth K. Leong et al.
(3-lot subdivision)received Tentative Approval.
7. January 26, 2004: The Planning Director granted a 5-year administrative time extension
until March 15, 2009 to comply with Condition C of Ordinance No. 99-36.
8. January 26, 2007: The Department of Public Works approved construction plans for
Subdivision 2000-0174. However, no construction has occurred.
9. October 11,2011 and July 21, 2015: The Planning Department sent letters to the
applicant indicating that deadline to comply with Condition C had lapsed.
STATE AND COUNTY PLANS
10. General Plan LUPAG Map Designation: Urban Expansion.
11. State Land Use District: Agricultural.
12. County Zoning: FA-la.
13. Kona Community Development Plan(CDP): The Kona CDP, adopted by the Hawai`i
County Council on September 25, 2008, identifies the majority of the property as situated
within the"Kona Urban Area", although not within a designated Transit Oriented
Development(TOD) zone. In addition,the subject parcel is situated within Concurrency
Zone "H" on the Kona CDP Official Concurrency Map.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
14. Subject Property: The 4.201 -acre property, which is narrow and roughly rectangular in
shape, slopes 5-15% from the highway down to the lower portions of the property. There
-2-
is an existing dwelling on the property, located closer to the highway, which was
finalized in 1991. According to the applicant, the site has been grubbed periodically with
a variety of fruit and ornamental trees associated with the dwelling on the mauka portion
of the property. The makai portion of the property is vacant and overgrown with non-
native, invasive plant species.
15. Surrounding Land Zoning/Uses: The surrounding area consists of a mixture of
single-family residences and vacant lots. The zoning pattern in the vicinity is a mixture
of Agricultural- 1 acre(A-la) and Agricultural-5 acre (A-5).
16. U.S.D.A. Soil Survey: The soils within the project area are classified by the U.S.
Department of Agriculture, Soil Conservation Service, as Kona extremely rocky muck
(rKYD). The Kona Series consists of well drained, thin organic soils over pahoehoe lava
bedrock. In a representative profile, the surface layer is very dark brown muck about 5
inches thick. It is underlain by pahoehoe lava bedrock. The surface layer is slightly acid.
Permeability is rapid in the soil, and the water moves rapidly through the cracks of the
lava. Runoff is medium, and the erosion hazard is slight. Roots are matted over the
bedrock or extend a few feet into the cracks. The soil is mostly used for pasture and
watershed. Small areas are used for coffee and macadamia nuts.
17. Land Study Bureau Soil Rating: "C" or "Fair".
18. Agricultural Lands of Importance to the State of Hawaii(ALISH): "Unclassified".
19. Flood Zone: The property is located in Zone "X", which is an area determined by
FEMA to be located outside of the 500-year floodplain.
20. Archaeological/Historic/Cultural Resources: The property has been improved with the
existing dwelling, agricultural and landscaping improvements. According the applicant's
report, there are no known historic, archaeological or cultural features on the site. In a
letter dated January 29, 2016, the State Historic Preservation Division(SHPD) indicated
that there was no record of an archeological inventory survey(AIS) for the property and
that based on a review of aerial photography, the parcel appears to have been
significantly altered due to previous grading activities. In addition, SHPD stated that
they had no objection to the requested, 5-year extension, however they asked that a
condition be added, "stipulating that SHPD have the opportunity to review any future
-3-
proposed plans that may have a potential to affect historic properties including any
ground disturbing activities within the subject parcel. "
21. Flora/Fauna Resources: There was no formal flora/fauna study conducted for this time
extension request. The applicant indicated that the majority of the property is overgrown
with alien floral species, primarily lantana, natal red top, spiny amaranth, lilikoi, ficus,
tree fern, Christmas berry, beggar weed, Bermuda grass and elephant grass. Due to
previous grubbing activity, and the development of dwelling on the site, it is unlikely that
threatened or endangered floral or faunal species are present on the property.
22. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
UTILITIES AND SERVICES
23. Access: Access to the site is off Mamalahoa Highway. Mamalahoa Highway is a two-
lane, County roadway which has a pavement width of 20 feet within a 40-foot right-of-
way. According to the Department of Public Works Engineering Division, Condition D
of the ordinance should be amended to include the following language:
"A common access approach for all proposed lots to Mamalahoa Highway, including the
provision of adequate site distances, shall meet with the approval of DPW. " In addition,
Condition E should be amended to reflect changes to the General Plan facilities map
which now classifies Mamalahoa Highway as an existing collector street which increases
the"proposed"minimum width of the right-of-way from 50 feet to 60 feet.
24. Water: According to the Department of Water Supply, the applicant has an existing
water commitment of 800 gallons per day(equivalent to two units of water at an average
daily usage of 400 GPD per unit). Additionally,the applicant will be required to install,
remit facilities charges, and convey the necessary water system improvements to ensure
service.
25. Wastewater: Wastewater generated within the proposed subdivision will be disposed of
within individual wastewater disposal systems meeting with the approval of the State
Department of Health.
26. Essential Utilities and Services: All other essential utilities and services are available to
the property.
-4-
AGENCY COMMENTS
27. Department of Public Works - Engineering Division: P.D. Exhibit 2- December 14,
2015 memo
28. Department of Water Supply: P.D. Exhibit 3-December 28, 2015 letter
29. Department of Land and Natural Resources-Engineering Division: P.D. Exhibit 4-
December 8, 2015 memo
30. Department of Land and Natural Resources—State Historic Preservation Division:
P.D. Exhibit 5- January 29, 2016 letter
APPLICANT'S RESPONSE TO AGENCY COMMENTS
31. The applicant has submitted a letter in response to government agency comments.
(P.D. Exhibit 6—Letter dated January 5, 2016 from James Leonard)
AGENCIES -NO COMMENTS/CONCERNS
32. Department of Environmental Management, Police Department, Fire Department, State
Department of Health, Department of Land and Natural Resources-Land Division.
AGENCIES -NO RESPONSE
33. Department of Public Works—Building Division
PUBLIC COMMENTS
34. As of this writing, the Planning Department has not received any written objections or
comments from the general public or adjacent landowners on the subject application.
-5-
J M LEONARD PLANNING, LLC
1100 Ainalako Road•Hilo, HI 96720 •Tel(808) 896-3459 •E-mail:jmleonard@mac.com
October 28, 2015
Mr. Duane Kanuha, Director 0z
County of Hawaii Planning Department `=
101 Pauahi Street
Hilo, Hawaii 96720
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 99-36 m
APPLICANT: KENNETH K. LEONG TRUST —z -�
REQUEST: TIME EXTENSION TO CONDITION C
(SECURING FINAL SUBDIVISION APPROVAL)
TAX MAP KEY: (3) 7-4-004: 033
Dear Mr. Kanuha:
On behalf of the Kenneth K Leong Trust, the Applicant and owner of the subject
property, I am submitting the following request for a time extension to the referenced
condition of the Change of Zone Ordinance in so that the Leong family can complete the
requirements for and obtain Final Subdivision approval for the Trust property.
The subject property, consisting of 4.201 acres, was rezoned in 1999 from Agricultural 5-
acres (A-5a) to Family-Agriculture 1-acre (FA-la) with the specific goal of subdividing
the property into three agricultural lots so that Mr. Leong, as part of his estate planning,
could bequeath the resulting lots to his three daughters. A copy of the Change of Zone
ordinance (Ordinance No. 99-36) is attached for reference as Exhibit A. In 2009,
following Mr. Leong's passing, the property was transferred to the Kenneth K. Leong
Trust, which includes as one of its directives, the completion of the pending subdivision
and the transfer of the resulting lots to Mr. Leong's daughters.
The rezoning ordinance included a number of conditions, two of which; Conditions B
and C, were time sensitive. Condition B required payment of the water commitment fee
to the Department of Water Supply (DWS), receipt of which was acknowledged with the
Department of Water Supply's letter of January 24, 2002 that confirmed the receipt of the
water commitment deposit for the proposed subdivision and extended the time for water
commitment to January 31, 2005. Subsequent deposits have been made to the
Department of Water Supply that extend the time of water commitment to January 31,
2017. Copies of the DWS water commitment letters acknowledging the time of water
commitments are attached for reference as Exhibits B1 through B4.
Condition C of Ordinance No. 99-36 required that Final Subdivision of the proposed
subdivision be secured from the Planning Director within five (5)years from the effective
date of the Change of Zone Ordinance (effective date: March 15, 1999), that is by March
15, 2004. An administrative extension of time was granted by the Planning Director by
his letter of January 26, 2004, which extended this date to March 15, 2009. A copy of
this letter is attached for reference as Exhibit C. While tentative subdivision for the-tic`
proposed subdivision was granted on January 24, 2002 and construction plans have been
prepared for the Project, with Mr. Leong's passing in 2009 and the subsequent and
dramatic downturn in the economy, the family found themselves unable to complete the
requirements of Final Subdivision approval in this timeframe. As the family is now
ready to complete the subdivision, an additional extension of time is being requested, as
directed by the Planning Department in their letter of July 21, 2015, which is attached as
Exhibit D.
I. PROJECT LOCATION AND DESCRIPTION
The subject property is a 4.201 acre parcel on the makai (west) side of Mamalahoa
Highay in Kealakehe Homesteads, North Kona., as shown on the attached Location Map
and TMK Map, Figures 1 and 2. The parcel is a narrow rectangular shape with slopes
of 5-15% from the highway down to the lower portions of the property. There is and
existing home located on the parcel in the area of the proposed lot 1-A. The site has
been grubbed periodically over the years and there are a variety of the fruit and
ornamental trees located in association with the existing residence in the mauka portion
of the property. The majority of the property, especially over the lower 2/3rds of the site,
is nearly completely overgrown with alien species, primarily lantana, natal red top, spiny
amaranth, lilikoa, ficus, tree fern, Christmas berry, begger weed, bermuda grass and
elephant grass.
IL REGULATORY BACKGROUND
As noted, the property was rezoned from Agricultural, 5-Acre (A-5a) to Family
Agriculture, 1-Acre (FA-1a) in 1999 with the adoption of Ordinance No. 99-36. The
timing related conditions of approval included the requirement to secure water
commitment for the project through the required water commitment payment to the
Department of Water Supply (Condition B) and to secure Final Subdivision Approval
within 5-years of the effective date of the Change of Zone ordinance (Condition C).
Water Commitment deposits have been made so as to extend the time of water
commitment to January 31, 2017, by which time, pending Council approval of the
requested extension of time, the Applicant expects to have secured final subdivision
approval.
Tentative Subdivision approval for the planned 3-lot subdivision was granted by the
County Planning Department on January 31, 2002. Copy of the proposed three-lot
subdivision that received tentative subdivision approval is shown in Figure 4,
Preliminary Subdivision Map. A request for an extension of time to secure final
subdivision approval was requested and granted by the Planning Director, extending the
deadline for obtaining approval to March 15, 2009.
Other conditions of the change of zone ordinance pertain to the requirements for final
subdivision approval, including: providing a driveway access from Mamalahoa Highway
meeting with the approval of the Department of Public Works (Condition D); providing
for the future road widening along the frontage of Mamalahoa Highway (Condition E);
Recording restrictive covenants in the deeds of all proposed lots prohibiting the
construction of a second dwelling on each lot(Condition F);providing a drainage study of
the project site, if required, for review and approval by the Department of Public Works
(Condition G); and the applicant making its fair-share contribution to mitigate potential
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regional impact of the project with respect to roads, parks and recreation, fire, police, and
solid waste disposal (Condition I). Pending approval from the County Council of the
requested extension of time, Applicant is prepared to meet the above listed conditions of
approval.
III. NATURE OF THE REQUEST
Condition C required the applicant to obtain final subdivision approval within five (5)
years of the effective date of the ordinance, which would be by March 15, 2004.
Condition K allowed for the Planning Director to grant an initial extension of time of five
years for the performance of conditions, which was requested and approved bringing the
completion deadline to March 15, 2009. Due to the sudden downturn in the economy
at the time, Mr. Leong's heirs found that they were unable at that time to proceed with
the requirements associated with obtaining final subdivision approval, however they are
now fully able to do so. In his letter of July 15, 2015, the County Planning Director
notes that the deadline for obtaining final subdivision approval has lapsed and, in order to
complete the subdivision, a request would need to be submitted to the Planning
Commission to receive additional time to comply with Conditions C of the Ordinance.
In light of the above the Applicant is requesting an additional 5-years time extension,
which we understand would be five (5) years from the date of the Council's approval of
this request.
IV. JUSTIFICATION FOR THE REQUEST
As with the prior time extension request, the circumstances and criteria for granting a
further time extension, as enumerated in Condition K of the Ordinance, would appear to
be similarly applicable to this request.
1. The non performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, its successors or assigns, and that are
not the result of their fault or negligence.
Mr. Kenneth Leong had originally sought the change of zoning and a subdivision of the
property so that he could transfer the resulting portions to his three daughters.
Unfortunately Mr. Leong took ill and eventually passed away in 2009. The property
remained in the Kenneth K. Leong Trust with the intent that the subdivision be completed
so that the individual parcels could be transferred to his heirs. With the severe
economic downturn at the time, however, the family was not in a financial position to
complete the requirements for Final Subdivision Approval. The family could not have
foreseen the untimely illness and death of Mr. Leong, nor the severe economic downturn
and financial difficulties at the time, all of which were beyond their control and 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.
It should be noted that, since the time that the site was rezoned in 1999, an update to the
County General Plan was adopted County Council in 2005 and the Kona Community
Development Plan (Kona CDP), as directed by the more recent update to the General Plan,
was adopted in 2008. This request for an extension of time continues to be consistent
with the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map designation for
the site, which was changed from"Orchards"to "Urban Expansion". These areas allow
for"a mix of high density, medium density, low density, industrial, industrial-commercial
and open designations in areas where new settlements may be desirable, but where the
specific settlement pattern and mix of uses have not yet been determined." In reference
to the Kona CDP, the property is situated within the Kona Urban Area, though not within a
designated Transit-Oriented Development(TOD) area on the Kona CDP Official Kona
Land Use Map. The Kona CDP directs most future growth to within the Kona Urban Area
and encourages growth towards Transit-Oriented Development (TOD) areas, or to infill
areas within or adjacent to existing development.
The property is located in what would be considered an infill area that is adjacent to similar
1-acre Agricultural zoned parcels and, as shown in the Zoning Map (Figure 4), and there
is an established pattern of development in the general area from what had historically been
Agricultural 5-Acres to smaller agricultural lots ranging from 1/2 acre to 3 acres in size, with
the predominate trend toward Agricultural and Family Agricultural 1-Acre, similar to the
Applicant's property.
Additionally, the objectives and policies of the Kona CDP pertaining to rezonings
includes the transportation related policy regarding Concurrency (Objective Tran-6,
Concurrency, Policy Tran-6.1, Official Concurrency Map), which states:
"The Kona UA (Urban Area) shall be designated as a"critical road area", as
defined in HCC (Hawaii County Code) 23-2-4.6. Rezonings within the Kona UA
shall comply with the official Concurrency Map (See Table 4-1 and Figure 4-3),
which identifies the road segments to be constructed concurrent with occupancy
of units as the minimum "area mitigation", as defined in HCC 25-2-46 (Zoning
Code)."
Related to this, an August 27, 2014 advisory from the Kona CDP Action Committee to
the County Planning Director provides clarification as to the intent of the above policy,
states that:
"The Action Committee advises that the intent of the CDP policy - transportation
6.1 - is to require that the official concurrency map be applied as follows: To the
extent that road improvements are necessary as area mitigation for a project
within the Kona CDP, such improvements shall be for some or all of the road
segments in that concurrency zone sufficient to offset the traffic demand or
impact generated by that project,based on the Level of Service in accordance
with the standards for such determinations as set forth in section 25-2-46 of the
zoning code."
As pointed out in the above statement, the referenced section 25-2-46 of the zoning code sets
the standards for determining if a traffic impact analysis report(TIAR), which is then used to
determine the traffic demand or impact generated by a project, is required. More
specifically, section 25-2-46 (d)(1) of the HCC states that:
"A traffic impact analysis report(TIAR), prepared or updated within six months
before the submission of the application, shall be included with the application for
any zonng amendment that can generate fifty or more peak hour trips."
The traffic generated by the proposed subdivision that would create two additional lots,
would be equivalent to two (2) peak hour trips according to the Institute of Transportation
Engineers, "Trip Generation Handbook", which would clearly fall well under the peak hour
trip threshold contained within Section 25-2-46 (d)(1) for the preparation of a TIAR and/or
potential mitigation.
As stated in the original change of zone application, the traffic generated through the creation
of the two additional lots will be minimal as one daughter and her family presently live on-
site and the two additional lots will be developed over a period of several years and, thus,
would have minimal impact on Mamalahoa Highway. This assessment is consistent with
the comments received at the time of the original application from the County Police
Department and State Department of Transportation, which stated that the project is expected
to have no significant impact to traffic safety or the state transportation facilities in the area.
It should be noted that the zoning approval for the project (Ordinance No. 99-36) includes a
provision that prohibits the construction of a second dwelling on each of the resulting lots
(Condition F). Thus, the zoning approval effectively limits the potential increase in density
and potential traffic impacts from the planned subdivision to that of two additional dwellings.
3. Granting of the time extension would not be contrary to the original reasons for the
granting of the change of zone.
The reasons for approving the rezoning of the site, which were articulated in the Planning
Department's initial recommendations to the Planning Commission in reference to the change
of zone application for the property, are still applicable to the project at this time. These
included:
• Consistency with the General Plan LUPAG map and regional and community planning
documents;
• Conformance with intent and purpose of State Land Use law;
• The absence of known, archaeological, or cultural features and no rare, threatened, or
endangered species of either flora or fauna on the site
• The availability of utilities and services to the area; and
• As conditions of the conditions of zoning, the Applicant would be required to make the
necessary access and infrastructure related improvements to accommodate the
additional 2-lots to be created with the planned subdivision of the property.
4. The time extension granted shall be for a period not to exceed the period originally
granted.
The Applicant is seeking a time extension of 5-years, similar to the period originally granted.
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Figure 4 County Zoning
Kenneth K. Leong Trust Property
Request for Time Extension
Thus, when evaluated against criteria for granting a time extension, as contained the
Council's original zoning approval for the property, the request appears to be appropriate
and fully justified. As such, the Applicant respectfully requests you favorable
consideration to this 5-year time extension request.
It should be noted that, in accordance with the public notice requirements per Sections 25-
2-4 and 25-2-5 of the County Zoning Code, written notice of the pending request will be
provided to property owners and lessees for properties, which any potion of which is within
1,000 feet of the boundary of the subject property. A complete list of those owners and
lessees of record that are to be included in the notification, is included for reference as
Exhibit E with this submittal. Additionally, in meeting the submittal requirements, a
copy of the tax clearance letter County Real Property Tax Office related to the subject
property, a check for $250.00 (Check No. 210) to cover the application fee, and 19
additional copies of this request package are enclosed with this original copy of the
submittal.
Please let me know if you have any questions or require additional information related to
this request.
Most Sincerely,
James M. Leonard
J M Leonard Planning, LLC
CC: Ms. Jeny Maruquin, Trustee
Kenneth K. Leong Trust
92-1005 Kanehoa Loop
Kapolei, HI 96707
Enclosures
[Page Intentionally Left Blank]
KENNETH K. LEONG TRUST
Request for Time Extension
EXHIBITS
A. CHANGE OF ZONE ORDINANCE NO. 99-36
Effective Date: March 15, 1999
B1-4 DEPARTMENT OF WATER SUPPLY
Water Commitment Time Extension Letters
January 24, 2002 - September 14, 2015
C. DEPARTMENT OF PLANNING
Administrative Time Extension Letter
January 26, 2004
D. DEPARTMENT OF PLANNING
Letter Re: Time Extension Needed for Condition C
July 21, 20015
E. LEONG TRUST EXTENSION REQUEST
List of Surrounding Property Owners and Lessees
(within 1,000 feet of the Leong Trust property)
[Page Intentionally Left Blank]
EXHIBIT A
COUNTY OF HAWAII• - •1 STATE OF HAWAII
i ( '•~ r" '``' BILL NO. 331
(Draft 3)
ORDINANCE NO. 99 36
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO
FAMILY AGRICULTURAL (FA-1a)AT KEALAKEHE HOMESTEADS,NORTH KONA,
HAWAII, COVERED BY TAX MAP KEY 7-4-4:33.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3,Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kealakehe Homesteads,
North Kona, Hawaii, shall be Family Agricultural(FA-1a):
Beginning at a 1/2 inch pipe in concrete(found)at the Northeasterly corner of this
parcel of land, being also a point on the Southerly boundary of Grant 3456 to
G. McDougall and being a point on the Westerly side of Mamalahoa Highway, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station"KAILUA (NORTH MERIDIAN)" being 13,427.91 feet North and 8,358.02 feet
East and running by azimuths measured clockwise from True South:
1. 326° 09' 60.38 feet along the Westerly side of Mamalahoa
Highway to a 1/2 inch pipe in concrete(set);
Thence, following along the Westerly side of Mamalahoa Highway on a curve to
the left with a radius of 286.00 feet,the
chord azimuth and distance being:
2. 317° 07' 30" 89.73 feet to a 1/2 inch pipe in concrete (set);
3. 72° 51' 30" 168.66 feet along the remainder of Grant 3924 to
P. Peahi to a 1/2 inch pipe in concrete (set);
4. 345° 00' 122.97 feet along the remainder of Grant 3924 to
P. Peahi to a"+" on rock(found);
Thence, for the next eight(8)courses following along Royal Patent 5123, Land
Commission Award 10950 to Waiwaiole:
5. 82° 53' 30" 49.53 feet to a nail in concrete (found);
6. 83° 32' 69.13 feet to a 1/2 inch pipe in concrete(set);
7. 75° 15' 30" 37.98 feet to a 1/2 inch pipe in concrete(set);
8. 77° 26' 30" 43.26 feet to a 1/2 inch pipe in concrete(set);
9. 74° 41' 30" 57.06 feet to a 1/2 inch pipe in concrete(set);
10. 71° 26' 61.73 feet to a 1/2 inch pipe in concrete(set);
11. 74° 49' 56.05 feet to a 1/2 inch pipe in concrete(set);
12. 71° 18' 30" 33.19 feet to a 1/2 inch pipe in concrete (set);
13. 73° 06' 30" 284.67 feet along Royal Patent 5228,Land
Commission Award 8608,Apana 1 to
Kaahui to a"+" on rock(found);
14. 163° 36' 50" 232.53 of the Kealakehe
feet scads and along Grant 3965 to W. H.
Kalaiwaa to a"+" on rock(found);
15. 252° 51' 30" 804.25 feet along Grant 3456 to G. McDougall to
the point of beginning and containing an
area of 4.201 Acres.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. This change in district classification is conditioned upon the following:
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
-2-
EXHIBIT A
. i
B. The required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance.
C. Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five (5) years from
the effective date of the Change of Zone ordinance.
D. Driveway access to the proposed subdivision shall be from Mamalahoa
Highway, meeting with the approval of the Department of Public Works. The
entrance roadway sight distance shall meet the requirements of the Statewide
Design Manual. All accesses to and within the proposed subdivision shall
comply with the requirements of the Subdivision Code and the approval of the
Department of Public Works.
E. To provide for future road widening improvements, roadway frontage equal to
half the difference between the existing right-of-way and the proposed 50 foot
right-of-way as required by the General Plan shall be delineated on subdivision
plans. The future road widening shall be dedicated to the County of Hawaii
upon its request at no cost to the County.
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall prohibit the construction of a second dwelling unit on each lot. A
copy of the proposed covenant(s) to be recorded with the 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
approved covenant shall be recited in an instrument executed by the applicant
and the County and recorded with the Bureau of Conveyances for any portion of
the subject property. A copy of the recorded document shall be filed with the
-3-
EXHIBIT A
Planning Department upon its receipt from the Bureau of Conveyances.
G. A drainage study of the project site, if required, shall be prepared for review
and approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works, prior to the
issuance of Final Subdivision Approval.
H. Should any unidentified sites or remains such as artifacts, shell, bone, or
charcoal deposits, human burials, rock or coral alignments, pavings or walls 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 upon an archaeological
clearance from the DLNR-HPD when it finds that sufficient mitigative measures
have been taken.
The applicant shall make its fair share contribution to mitigate potential regional
impacts of the subject project with respect to roads, parks and recreation, fire,
police and solid waste disposal facilities. The amount of the fair share
•
contribution shall be the sum which is the product of multiplying the number of
residential lots proposed to be subdivided by the amounts allocated hereinbelow
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. If the subject
property is subdivided in two or more increments, the amount of the fair share
contribution due and payable prior to final subdivision approval of each
increment shall be a sum calculated in the same manner according to the number
of proposed residential lots in each such increment. The fair share contribution,
in a form of cash, land, facilities or any combination thereof, acceptable to the
director in consultation with the affected agencies, shall be determined by the
-4-
EXHIBIT A
County Council. The fair share contribution shall have a maximum combined
value of$7,239.16 per single-family residential unit. Based upon the
applicant's representation of intent to develop up to two (2) residential units, the
indicated total of fair share contribution is $14,478.32 for single-family
residential units. However, the total amount shall be increased or reduced in
proportion with the actual number of units according to the calculation and
payment provisions set forth in this Condition I. The fair share contribution
shall be allocated as follows:
1. $3,490.85 per single-family residential unit for an indicated total of
$6,981.70 to the County to support park and recreational improvements
and facilities;
2. $168.40 per single-family residential unit for an indicated total of
$336.80 to the County to support police facilities;
3. $332.61 per single-family residential unit for an indicated total of
$665.22 to the County to support fire facilities;
4. $145.62 per single-family residential unit for an indicated total of
$291.24 to the County to support solid waste facilities; and
5. $3,101.68 per single-family residential unit for an indicated total of
$6,203.36 to the State or County to support road and traffic
improvements.
The fair share contributions described above shall be adjusted annually
beginning three years after the effective date of the change of zone, based on the
percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may construct and contribute
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 approval of the director. The cost of providing and
constructing the improvements required in Condition E shall be credited against
-5-
EXHIBIT A
the sum specified in Condition I (5) for road and traffic improvements. For
purposes of administering Condition I, the fair market value of land contributed
or the cost of any improvements required or made in lieu of the fair share
contribution shall be subject to review and approval of the director, upon
consultation with the appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its
information that identifies the specific approved fair share and/or in lieu
contributions, as allocated, and further implementation requirements.
J. 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.
K. 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, its successors or
assigns, and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
-6-
EXHIBIT A
1
4. The time extension granted shall be for aperiod 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).
Lig L. Should any of the conditions not be met or substantially complied with in a
timely fashion, the Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: November 18, 1998
Date of 1st Reading: November 18, 1998
Date of 2nd Reading: March 4 , 1999
Effective Date: March 15, 1999
REFERENCE: Comm. 1050.02
APPROVED AS TO FORM AND LEGALITY
ORPORATIO COUNSEL
DATED: 37(o/r/
-7-
EXHIBIT A
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AREA: 4.201 ACRES
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______2:12-- \ \ \7- ... Ma '
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AMENDMENT TO THE
ZONING CODE 1
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING ,
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-50 TO FAMILY AGRICULTURAL (FA-1 a) AT KEALAKEHE HOMESTEADS,
1ST SERIES, KEALAKEHE, NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT ,
COUNTY OF HAWAII SEPT. 30. 199b
TMK : 7-'�-d:33 (K.NMtN K. L.o.�
EXHIBIT "A" ) 3 EXHIBIT A
}
EXHIBIT A
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawai`i
(DRAFT 3)
ROLL CALL VOTE
AYES. NOES ,, ABS EX
Introduced By: Bobby Jean Leithead-Todd Arakaki X -
Date Introduced: November 18, 1998 Chung X
First Reading: November 18, 1998 Elarionoff '. .X
Published: November 30, 1998 Jacobson X
Leithead-Todd X
REMARKS: Pisicchio X
Smith X
Tyler X
Yagong X
9 0 0 0
(DRAFT 31
Second Reading: March 4, 1999 ROLL CALL VOTE
To Mayor: March 8, 1999 AYES NOES ABS EX
Returned: March 15, 1999 _Arakaki X
Effective: March 15, 1999 Chung X
Published: March 24, 1999 Elarionoff X
Jacobson X
REMARKS: Deferred - 12/23/98 Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
7 1 1 0
•
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPR VED AS TO . ., .
F A D LEGA `7" t 41 --d 4r
, d • ,l.".---.-. 'OUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII ..1 \eA-,....„....____ .
Date 72/16/99 COUNTY CLERK
Approved/gisoppreved this /J day
of
if A
/9 ./r Bill No.. Bill 331 (Draft 3)
�
� '
t� R. OU1 Y OF HAWAII Reference: C-1050/PC-163n-a M.-. • 99 •3�—
[Page Intentionally Left Blank]
•
0
EXHIBIT B-1
-:'CF WATER
' * * i -
t9 49
DEPARTMENT OF WATER SUPPLY . COUNTY OF HAWAII
.�°y �a 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720
_
TELEPHONE 1808) 961-8050 • FAX (808) 961-8657
January 24, 2002
Wes Thomas Associates
75-5749 Kalawa Street
Kailua-Kona, HI 96740
SUBDIVISION APPLICATION NO. 2000-174
APPLICANT: KENNETH K.I.)NG,ET AL.
TAX MAP KEY 7-4004:033
This is to acknowledge receipt of the required $3000 water commitment deposit for the subject
application. We are enclosing Receipt No. 228982 for your files.
In accordance with the Department's "Water Commitment Guidelines Policy," a water commitment for
the proposed development in the amount of 1,200 gallons per day,or 2 additional units of water at 600
gallons per day per unit, is hereby granted until January 31, 2005,with the following conditions:
1. Construct necessary water system improvements,which shall include, but not be limited to:
a. service laterals that will accommodate a 5/8-inch meter to each of the additional Iots; and,
b. if necessary, the existing service must be cut and plugged at the main and relocated to the
appropriate lot.
Submit installation plans prepared by a professional engineer, architect, or land surveyor,
registered in the State of Hawaii, for review and approval.
2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, of$8,400.00 and$1,000.00,respectively. These are due and payable upon completion
of the installation of the required water system improvements and prior to final subdivision
approval being granted.
For your information,the total facilities charge requirement,which is subject to change, is
$8,700.00. However,the total water commitment deposit paid to date is $300.00. Water commitment
deposits are credited towards the final facilities requirement for the development. Note that the
amount of water commitment deposit may exceed the prevailing facilities charge amount, for
example,when requests for time extensions continue and are approved. Until the development is
finally completed,these are separate and unrelated items. In the event that water commitment
deposits exceed the facilities charge,no refunds are applicable. With this understanding,the current
facilities charge balance is $8,400.00.
... Water briniyi pro/re4i...
• .
may*, i
Wes Thomas Associates
Page 2
January 24,2002
3. Should it be necessary, submit the appropriate documents,properly prepared and executed, to
convey the required easements to the Water Board of the County of Hawaii prior to final
subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within, the conveyance documents
shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions,please contact our Water Resources and Planning Section at 961-8070.
Sincerely yours,
//
Milton D. Pavao, P.E.
Manager
WA:dms
Enc.
copy -Planning Department
Customer Service Section(Hilo, Waimea, Kona, Ka'u)
EXHIBIT B-1, P. 2
EXHIBIT B-2
1 pQ WAltd cti
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19 '•-•,,..,,, b9 _
DEPARTMENT OF WATER SUPPLY 4. COUNTY OF HAWAVI
�: yjj'7, ,1wyg 345 l(EI(OANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
�`� �HAyfG
v �y`c # TELEPHONE (808) 581-8050 • FAX (808) 981-8657
February 8, 2005
Mr. Kenneth K. Long
1298 Ala Mahamoe Street
Honolulu, HI 96819
WATER COMMITMENT TIME EXTENSION
FOR PROPOSED 3-LOT SUBDIVISION DEVELOPMENT
SUBDIVISION APPLICATION NO. 2000-0174
TAX MAP KEY 7-4-004:033
4
This is to acknowledge receipt of the required $300.00 water commitment deposit for a commitment
time extension for the proposed subdivision. We are enclosing Receipt No. 243236 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for
the proposed development in the amount of 1,200 gallons per day, or 2 additional units of water at
' 600 gallons per day,per unit, is hereby granted until January 31, 2006, with the following conditions: '
1. Construct necessary water system improvements, which shall include,but not be limited to:
a. a service laterals that will accommodate a 5/8-inch sized meter to each of the additional
lots, and
b. if necessary, the existing service lateral connection must be cut and plugged and
relocated to the appropriate lot. .
Submit installation plans prepared by a professional engineer, architect, or land surveyor,
registered in the State of Hawai`i, for review and approval.
2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, of$10,400.00 and $1,000.00, respectively. These are due and payable upon
completion of the installation of the required water system improvements and prior to final
subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposit
may exceed the prevailing facilities charge amount; for example, when requests for time
f •
... i 'a [e,. or1li9J 171'Ogresi...
The Department of Water Supply is an Equal Opportunity provider and employer.To file a complaint of discrimination,write:USDA,Director,Office of Clvil
Rights,Room 326-W,Whitten Building,14th and Independence Avenue SW,Washington DC 20250.9410.Or call(202)720-5964(voice and TDD)
r
Mr. Kenneth K. Long
Paget
February 8, 2005
extensions continue and are approved. Until the development is finally completed, these are
separate and unrelated items. In the event that water commitment deposits exceed the facilities
charge,no refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within,the conveyance documents
shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
Should there be any questions,please contact Mr. William Atkins of our Water Resources and
Planning Branch at 961-8070, extension 254.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
WA:sco •
Enc.
copy - Planning Department
Wes Thomas Associates
EXHIBIT B-2, P. 2
(,, E, EXHIBIT B-3
of'ATE s
G
Off . A�
•
• i
14 .4491
"o6 ,��' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI.1
yryopp`Awp��'P' 345 KEKUANAO`A STREET SUITE 20 • HILO, HAWAI'1 96/20
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
February 20, 2009
Mr. Kenneth K. Lem g�
1298 Ala Mahamoe Street
Honolulu, HI 96819
WATER COMMITMENT TIME EXTENSION
FOR PROPOSED 3-LOT SUBDIVISION DEVELOPMENT
SUBDIVISION APPLICATION NO. 2000-0174
TAX MAP KEY 7-4-004:033
This is to acknowledge receipt of the required$600.00 water commitment deposit for a commitment
time extension for the proposed subdivision. We are enclosing Receipt No. 258488 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for
the proposed development in the amount of 800 gallons per day, or two (2) additional units of water at
an average of 400 gallons per day, per unit, is hereby granted until January 31, 2010, with the
following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to,
installation of a service lateral that will accommodate a 5/8-inch sized meter to the additional
lot. The existing service may be have to be cut and plugged at the main and relocated to the
appropriate lot. Submit installation plans prepared by a professional engineer, architect, or land
surveyor, registered in the State of Hawai`i, for review and approval.
2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, of$9,200.00 and $1,000.00, respectively. These are due and payable upon completion
of the installation of the required water system improvements and prior to final subdivision
approval being granted.
For your information, water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposit
may exceed the prevailing facilities charge amount; for example, when requests for time
extensions continue and are approved. Until the development is finally completed, these are
separate and unrelated items. In the event that water commitment deposits exceed the facilities
charge, no refunds are applicable.
... Water bringV procgrem... (J5 4 4 2 2
The Department of Water Supply,s an Equal Opportunity provider and employer To file a complaint of discrimination wrte USDA,D:redor,O11iCkehCnit
Rights,Room 326-W,Whitten Budding 14th and Independence Avenue,SW.Washington DC 20250-9410 Or call(202)720-5964(voice and TDD)
Mr. Kenneth K. Leong
Page 2
February 20,2009
3. Submit the appropriate documents, properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However,prior to water
meter services being granted to the development, or any lots within,the conveyance documents
shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies,and Rules and Regulations.
For your information, we are returning Check No. 2890 in the amount of$1,200.00.
Should there be any questions, please contact Mr. William Atkins of our Water Resources and
Planning Branch at 961-8070, extension 254.
Sincerel yours,
0
I). Pavao, P.E.
Man-gee
WA:dfg
Enc.
copy - Manning Department
Wes Thomas Associates
EXHIBIT B-3, P. 2
oWrER. EXHIBIT B-4
�•� SGA`:
Qf L1 i
ko11, P1 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
FwPp? 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
September 14, 2015
Jerry Maruquin, Trustee
Kenneth K. Leong Trust
92-1005 Kanehoa Loop
Kapolei, HI 96707
WATER COMMITMENT TIME EXTENSION
FOR PROPOSED 3-LOT SUBDIVISION DEVELOPMENT
SUBDIVISION APPLICATION NO. 2000-000174
TAX MAP KEY 7-4-004:033
This is to acknowledge receipt of the required $2,100.00 water commitment deposit for a commitment
time extension for the proposed subdivision. We are enclosing Receipt No. 281389 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for
the proposed development in the amount of 800 gallons per day, or two (2) additional units of water at
an average of 400 gallons per day, per unit, is hereby granted until January 31, 2017, with the
following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. installation of a service lateral that will accommodate a 5/8-inch-sized meter to the
additional lots. The existing service may be have to be cut and plugged at the main and
relocated to the appropriate lot, and
b. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities, should they be necessary.
Submit installation plans prepared by a professional engineer, architect, or land surveyor,
registered in the State of Hawai`i, for review and approval.
rWai-or /Pnn (j', '14)
Jerry Maruquin, Trustee
Page 2
September 14, 2015
2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, as shown below:
FACILITIES CHARGE (FC):
Two (2) additional units a $5,500.00/unit $11,000.00
Total FC $11,000.00
WATER COMMITMENT DEPOSIT CREDIT (WCD):
Two (2) additional unit(s) @ $150.00/unit ( 3,900.00)
Balance $7,100.00
CAPITAL ASSESSMENT FEE (CAF):
Two (2) additional units @ $500.00 per unit $1,000.00
Total $8,100.00
These are due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information, water commitment deposits are credited towards the final facilities
requirement for the development. Note that the amount of water commitment deposit may
exceed the prevailing facilities charge amount; for example, when requests for time extensions
continue and are approved. Until the development is finally completed, these are separate and
unrelated items. In the event that water commitment deposits exceed the facilities charge, no
refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However, prior to water
meter services being granted to the development, or any lots within, the conveyance documents
shall be accepted by the Water Board.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
availability will be subject to change in accordance with prevailing water system conditions,
policies, and Rules and Regulations.
Jerry Maruquin, Trustee
Page 3
September 14, 2015
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070, extension 256.
Sincerely yours,
Keith K. Okamot , P.E.
Manager-Chief Engineer
RQ:dfg
Enc.
copy - Planning Department
EXHIBIT B-4, P. 2
[Page Intentionally Left Blank]
EXHIBIT- C
,i\
Harry Kim �• ���;_ ,*�.• Christopher J. Yuen
Mayor Dircrtar
Roy R.Takemoto
aTttty Director
&out of giafirn i
PLANNING DEPARTMENT
101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
January 26, 2004
Chrystal T. Yamasaki, LPLS
Wes Thomas Associates
75-5749 Kalawa Street
Kailua-Kona, HI 96740
Dear Ms. Yamasaki:
Change of Zone Ordinance No. 99 36 (REZ 909)
Applicant: Kenneth K. Leong
Subject: Administrative Time Extension
Tax Map Key: 7-4-004:033
Thank you for your letter dated January 8, 2004 requesting a time extension to comply
with Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance
No. 99 36(REZ 909). Condition K(4) allows for one administrative time extension for a
period not to exceed the period originally granted. We are therefore granting a time
extension of five(5) years until March 15, 2009. We do have the following comments
regarding compliance of the listed conditions:
Condition B: The required water commitment payment was required to be submitted to
the Department of Water Supply within ninety(90) days after the effective
date of this ordinance. A check with DWS has verified that the water
commitment is valid until January 31, 2005.
Condition C: Final Subdivision Approval was required to be secured within five (5)
years from the effective date of ordinance(March 15, 2004). The time
extension will extend this requirement until March 15, 2009.
Condition I: Fair share contributions will be due and payable prior to final subdivision
approval for any portion of the subject property or its increments.
Chrystal T. Yamasaki, LPLS
Wes Thomas Associates
Page 2
January 26, 2004
A copy this letter will be forwarded to the Planning Commission and the Hawaii County
Council for their information. If you have any questions,please feel free to contact Jeff
Darrow at 961-8288.
Sincerely,
CHRISTOPHER J. YUEN
Planning Director
JWD:smn
P:\WPWIN60\JEFF\Letters\Time Ext\LYamasaki-TER-REZ909.doc
cc w/copy of letter: Planning Commission
Hawaii County Council
EXHIBIT- C, P. 2
William P.Kenoi .,;;tv or„'
EXHIBIT- D
Mayor /'�^ $ '' Duane Kanuha
^,
VdgDirector
•
- Bobby Command
•+ .' vo• - Deputy Director
West Hawai`i Office East Hawaii Office
74-5044 Me Keohokalole Hwy • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawai`i 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323 4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
July 21, 2015
Mr. Kenneth Leong
c/o Jerry Maruquin
92-1005 Kanehoa Place
Kapolei,HI 96707-1345
Dear Mr. Leong and/or Mr.Maruquin:
Change of Zone Ordinance No. 99 36 (REZ 909)
Subdivision No. 2000-0174(SUB 2000-0174)
Applicant: Kenneth K. Leong
Subject: Time Extension Needed for Condition C
Tax Map Key: 7-4-004:033
A review of our files indicates that the deadline to secure Final Subdivision Approval as required by the
above referenced change of zone ordinance has lapsed. Change of Zone Ordinance No. 99-36 became
effective on March 15, 1999. A 5-year administrative time extension was granted by the Planning Director
until March 15, 2009 to secure final subdivision approval as required by Condition C.
To receive additional time to comply with Condition C(secure Final Subdivision Approval) of REZ 909, you
will need to submit your request and reasons,along with 20 copies of that request,to the Planning
Commission with a $250 filing fee. A public hearing will be held by the Planning Commission and the
Hawai`i County Council.
If you have any questions,please feel free to contact Jeff Darrow at 961-8158.
Sincerely,
1pUANE KANUHA
Planning Director
JWD:klt
P:\WPWIN60\JEFF\Letters\Time Ext\LLeong-TER-REZ909.doc
cc: Jonathan Holmes, Planner
Chrystal T. Yamasaki, LPLS
www.cohplanningdept.corn Hawaii County is an Equal Opportunity Provider and Employer planning n!co.hawaii.hi.us
[Page Intentionally Left Blank]
Leong Trust Extension Request - List of Owners/Lessees of Surrounding Properties EXHIBIT E
7-4-003:006
Uru Inc. 7-4-003:008 7-4-003:009
C/O Yuko Yasuda John T. and Cynthia M. Miles Don M. and Maggie M. Sodergren
74-4977 Mamalahoa Hwy 74-4969 Mamalahoa Hwy PO Box 493
Holualoa, HI 96725-9605 Holualoa, HI 96725-9623 Kailua- Kona, HI 96745-0493
7-4-003:010 7-4-003:011-0001 7-4-003:011-0002
Barbara G. and Kenneth D. Fairless Ilana Maxwell & David Evett Geoffrey Gilbert
6762 Lafayette Dr. 74-4959 Mamalahoa Hwy 74-4961 Mamalahoa Hwy
Huntington Beach, CA 92647 Holualoa, HI 96725-9605 Holualoa, HI 96725-9605
7-4-003:015 7-4-003:024 7-4-003:035
Anthony & Marylinda Craven Robert G. and Donna J. Evett Chrisopher D. & Andrea L. Jaspar
PO BOX 4220 74-4983 Mamalahoa Hwy 74-4989 Mamalahoa Hwy
KAILUA KONA , HI 96725-4220 Holualoa, HI 96725 Holualoa, HI 96725-9605
7-4-003:036 7-4-003:037 7-4-003:038
Bradford K. & Lynn T. Oyama Ida P. Olivera Tracy Leann Gillard
74-4987 Mamalahoa Hwy 18503 Lost Maples Court 74-4981 Mamalahoa Hwy
Holualoa, HI 96725-9605 Humble TX, HI 77346-3055 Holualoa, HI 96725-9605
7-4-003:039 7-4-003:040 7-4-003:041
Glen K. & Ranie A. Fukumoto Don M. and Maggie M. Sodergren Cynthia& Daniel Rodgers and
P 0 BOX 742 P 0 BOX 493 Rodney & Maria Townes
Kailua- Kona, HI 96745 Kailua- Kona, HI 96745-0493 74-4961 Mamalahoa Hwy UNIT A
Holualoa, HI 96725-8629
7-4-004:029
7-4-004:030 7-4-004:032-0001
Pearl Chang/Jade & Randall
Lockwood Brian W. & Linh D. Lee April B. Weaver
P O BOX 2164 P 0 BOX 5682 74-5068 Old Palani Road
Kailua- Kona, HI 96745-2164 Kailua- Kona, HI 96745 Kailua- Kona, HI 96740
7-4-004:032-0002 7-4-004:034
Wendy Judy-Pritikin & Harry KANUHA,CLEMENT/DIANE 7-4-004:035
Pritikin C/O Kahelepo Peahi Brewster Coffee LLC
PO BOX 5214 73-4387 Kalaoa Street 55 BELLE ROCHE AVE
Kailua- Kona, HI 96745-5214 Kailua- Kona, HI 96740 Redwood City, CA 94062-3200
7-4-004:036 7-4-004:037
KASSER/CHADWICK HAWAII Mamalahoa Development 7-4-004:038
LLC C/O Teruo Matsumoto Teruo Matsumoto Trust
75-5706 Hanama Pl., STE 104 75-5706 Hanama Pl., STE 104 74-4982 Mamalahoa Hwy
Kailua- Kona, HI 96740-1720 Kailua- Kona, HI 96740-1713 Holualoa, HI 96725
7-4-004:039-0001 7-4-004:039-0002
James P &Angela R. Gannon James P &Angela R Gannon 7-4-004:040
Trusts Trusts Shawn Denise Simonin
74-5000 Mamalahoa Hwy 74-5000 Mamalahoa Hwy 74-4982 Mamalahoa Hwy
Holualoa, HI 96725-9606 Holualoa, HI 96725-9606 Holualoa, HI 96725-9604
7-4-004:059 7-4-004:060-0001 7-4-004:060-0002
Colleen J. &Kathleen D. Gedeon Ossian B. &Brittany C. Farmer Karen A. Wood Family Trust
P 0 BOX 519 74-4966 Mamalahoa Hwy APT B 74-4966 Mamalahoa Hwy B
Kailua- Kona, HI 96745 Holualoa, HI 96725-8632 Holualoa, Hi 96725-8632
Leong Trust Extension Request - List of Owners/Lessees of Surrounding Properties EXHIBIT E, P. 2
7-4-004:063 7-4-004:064-0001 7-4-004:064-0002
Jack E & Donna J Underwood Flint E & Cassie S Carpenter Perry L & Jacqueline W
74-4996 Mamalahoa Hwy 74-4994 Mamalahoa Hwy Brewbaker
Holualoa, HI 96725 Holualoa, HI 96725-9604 74-4994 Mamalahoa Hwy A
Holualoa, HI 96725-8660
7-4-004:065-0001 7-4-004:065-0002 7-4-006:001
James P & Angela R. Gannon Hiroaki & Tomomi Komatsu MAUKA LANI CHRISTIAN
74-5000 Mamalahoa Hwy PO BOX 4182 SCHOOL (Lesee)
Holualoa, HI 96725-9606 Kailua- Kona, HI 96745-4182 74-4947 Mamalahoa Hwy
Holualoa, HI 96725-9605
7-4-006:002 7-4-006:003 7-4-006:007
JULIAN & JACKSON TRST George & Henrietta Gouveia William F & Cecelia A Casey
74-4939 Mamalahoa Hwy 74-4955 Palani Road 74-4924 Mamalahoa Hwy
Holualoa, HI 96725 Kailua-Kona, HI 96740 Holualoa, HI 96725
7-4-006:008 7-4-006:009-0002
Chang, Simeona/Stupplebeen Fmis 7-4-006:009-0001 Alta Kona Partnership
Earl D & Almeda W. Crozier Trust
C/O Michael Stupplebeen C/O Shawn Anthony Bebeau
78-602 Ihilani Place
2750 W Wigwam Ave., APT 2139 Kailua-Kona, HI 96740-9789 75-5608 Heinaloli Road, #41
Las Vegas , NV 89123-6654 Kailua-Kona, HI 96740
7-4-006:009-0003 7-4-006:009-0004 7-4-006:015-0001
Caesar P & Shirlene L Aseron Anthony A & Rachel B Loando Karen Jue & Lee Paterson
P 0 BOX 1077 P 0 BOX 449 74-4944 Mamalahoa Hwy
Kailua-Kona, HI 96745 Holualoa, HI 96725 Holualoa, HI 96725
7-4-006:015-0002 7-4-006:022 7-4-006:023
Karen Jue & Lee Paterson Steven A & Keri R Campbell Gilbert & Amy Smith
74-4944 Mamalahoa Hwy 74-4908 Mamalahoa Hwy 74-4932 Mamalahoa Hwy Apt A
Holualoa, HI 96725 Holualoa, HI 96725-9604 Holualoa, HI 96725-9600
7-4-006:024 7-4-006:025 7-4-006:026
Randy J & Deborah K Crowell Joseph Kassel John R& Pauline P Weddle
P 0 BOX 2594 P 0 BOX 400 PO BOX 1362
Kailua-Kona, HI 96745 Holualoa, HI 96725-0400 Kailua-Kona, HI 96745-1362
7-4-006:039
7-4-006:035 Ronald D. and Audrey U. Freitas 7-4-006:040
Walter D. Andreae Trust Trust Clyde D & Reba M Coatney Trust
74-4925 Palani Road 75-5656 Kuakini Hwy, 102A
Kailua-Kona, HI 96740 P O BOX 829 Kailua-Kona, HI 96740-1673
Holualoa, HI 96725
7-4-006:041 7-4-006:042 7-4-006:043
Wayne Coatney Gene Paul H Rivera Hiram P & Brenda L Rivera
74-4932 Mamalahoa Hwy UNIT B 74-4932 Mamalahoa Hwy APT D 74-4932 E Mamalahoa Hwy
Holualoa, HI 96725-9600 Holualoa, HI 96725-9600 Holualoa, HI 96725
7-4-006:044 7-4-006:045
Road Lot 12, 0.933 AC This is a Condo Master Non-
C/O Robert Greenwell & Lou Taxable Parcel with no individual
Lambert units, owners, or mailing addresses
P 0 BOX 1779 listed.
EXHIBIT E, P. 2
7615 UFC 1 y nm y 29
COIJP4T'Y V HAWAII DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: December 14, 2015
Memorandum
TO : Duane Kanuha, Planning Director
Planning Department
FROM : Ben Ishii, Division Chi
p Engineering Division
SUBJECT : Amendment to Change of Zone Ordinance No. 99-36(REZ 909)
Applicant: Kenneth K. Leong Trust
Request: Five-Year Time Extension To Condition C(Secure Final
Subdivision Approval)
TMK: 3/7-4-004:033
We reviewed the subject application and have the following comments on the request.
Condition D should be revised to state. "A common access approach for all proposed
lots to Mamalahoa Highway, including the provision of adequate sight distances, shall
meet with the approval of DPW." The subdivision access road shall meet with the
Subdivision Code.
Condition E provides for future road widening improvements to Mamlahoa Highway
which is classified as an existing collector street according to the General Plan Facilities
Map, Ord 06-153. The"proposed" minimum width of Mamalahoa Highway right-of-way
should be at least as wide as the General Plan standard for a major collector street(60
feet).
Should there be any questions concerning this matter, please feel free to contact Kiran
Emler of our Kona Engineering Division office at 323-4851.
8KE
copy: ENG-HILO/KONA
Hawaii County is an equal Opportunity Provider and Employer
ff
102574
,oEwATE—s
JJ�Q�� GAA
(O �i
119 49
.vs 'I DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
r " 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
t pFMAW ,i
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
December 28,2015
N
0
J_
TO: Mr. Duane Kanuha,Director O z ,,-,
C_. cs
Planning Department z v
FROM: Keith K. Okamoto,Manager-Chief Engineer C 75
3
SUBJECT: Change of Zone Ordinance No. 99-36(REZ 909) >"`-+ -.s
Applicant—Kenneth K.Leong Trust L m
Request: Five-Year Time Extension to Condition C —4z w
(Secure Final Subdivision Approval)
Tax Map Key 7-4-004:033
We have reviewed the subject request and have no objections. Please be informed that the applicant '
has an existing water commitment in the amount of 800 gallons per day(GPD),or two(2)units of
water at an average daily usage of 400 GPD per unit that will expire on January 31,2017.
Our conditions stated in our September 14,2015, letter to the applicant,and copied to your department,
still stand.
Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at 961-8070,extension 256.
Sincerely yours,
kAatim.41
Keith K.Okamoto,P.E.
Manager-Chief Engineer
RQ:dfg .
copy— Kenneth K. Leong Trust
J M Leonard Planning, LLC
—��--
. . .Water, Our Most Precious Resource. . . Ka Wai A Kane. . . 102805
The Department of Water Supply is an Equal Opportunity provider and employer.
DAVID Y.ICE 4 or h'1 ti;., B17LANNED.CABs
ODVIRNORO?HAWAII �c* eawwrasor
ES
b -� \`a • BOARDorLANDAND NATURAL RESOVRC
'S
COMMISSION OH WATER RT3ODRQ
s1andf){(r L!t'� MANACESRNT
STATE OF HAWAII
'aaan *" DEPARTMENT OP LAND AND NATURAL RESOURCES
LAND DIVISIONLri
POST OFFICE BOX 621
HONOLULU HAWAII 96R09
W
December 8,2015
v
MEMORANDUM
TO: DLNR Agencies:
Div.of Aquatic Resources
Div.of Boating&Ocean Recreation
X Engineering Division
• Div.of Forestry&WildIife
_Div.of State Parks •
_Commission on Water Resource Management
Office of Conservation&Coastal Lands
X Land Division—Hawaii District _
XHistoric Preservation
•
FROM: R ss 1 Y.Tsuji,Land Administrator
SUBJECT: Amendment to Change of Zone Ordinance No. 99-36 (REZ 909); Request:
Five-Year Extension to Condition C(Secure Final Subdivision Approval)
LOCATION: Kealakehe Hmstds.,North Kona,Island of Hawaii;TMK:(3)7-4-004:033
APPLICANT: Kenneth K.Long Trust
Transmitted for your review and comment is information on the above-referenced
amendment.We would appreciate your comments on this document. Please submit any comments
by December 24,2015.
•
If no response if received by this date,'we will assume your agency has no comments. If
you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you.
Attachments
( ) We have no objections.
( ) .,We have no comments.
( / Comments : attached.
Signed: Arilf A
iF
Print Name: rty S. ann Chief Engineer
Date: 1�, / /3--
cc: Central Files r
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y.Tsuji
REF: Amendment to Change of Zone Ordinance No.99-36(REZ 909);Request:Amend
5-Year Extension Condition C
Hawaii.077
COMMENTS
(X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is
located in Zone X. The National Flood Insurance Program(NFIP)does not regulate
developments within Zone X.
() Please take note that the project site according to the Flood Insurance Rate Map(FIRM),is Iocated
in Zone_
() 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 Sin Li at(808)768-8098 of the City and County of Honolulu,Department of
PIanning and Permitting.
() Mr.Carter Romero(Acting)at(808)961-8943 of the County of Hawaii,Department of
Public Works.
() Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning.
() Mr.Stanford Iwamoto at(808)241-4896 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.
i
() Additional Comments:
() Other:
Should you have any questions,please call Mr.Dennis IS:
da of the Planning Branch at 587-0257.
Signed: CARHIEF ENGINEER
Date: /1-, / t/i r
?G16 FFB a Pr?!
DAVID Y.ICE /{6 ft- / L,r SUZANNE D.CASE
GOVERNOR OF HAWAII A;e 9 b9 +• 3 t; C;XMRr[@$ON
• • 17 1 (*r BOARD OF L N:A�N9/4", CFS
COAIIAOSSION ON WWTl7C,RESOURCI GEMENT
f < `R I ._,KEKOA'IC . A
Mrd�� i t14 pf. +I FVISI DEPUTY
4`�.'Q JEFFREY T.PEARSON
��`' DEPUTY DIRECTOR•WATER
EI` 1 n •»• ".' J AQUATIC RESOURCES
O •.: I3 _ ....,.+'y+ BOABUREANU OFC'ONVEYRECR TION
Et ANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
STATE OF HAWAII CONSERVATION AND COASTAL LANDS
CONSERVATION AN RESOOUR ESENFORCETIENT
ENGIN
'%19 Fia4‘ DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND WILDLIFE
HISTORIC PRESERVATION
KAHOOLAWE ISLAND RESERVE COMMISSION
STATE HISTORIC PRESERVATION DIVISION LAND
KAKUHIHEWA BUILDING STATE PARKS
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
January 29,2016
Russell Y.Tsuji,Administrator LOG NO:2015.04205
Land Division DOC NO: 1601 GC 14
Department of Land and Natural Resources Archaeology
P.O.Pox 621
Honolulu,HI 96809
Duane Kanuha,Director
Planning Department
County of Hawaii
101 Pauahi Street,Suite 3
Hilo,HI 96720
Dear Sirs:
SUBJECT: Chapter 6E-42 Historic Preservation Review—
Amendment to Change of Zone Ordinance No.99-36(REZ 909)
Request for Five Year Extension to Condition C of Ordinance No.99-36
Kealakehe Ahupua`a,Honokahau 3 District,Island of Hawaii
TMK:(3)7-4-004:003
Thank you for the opportunity to review this application that was received by SHPD on December 11, 2015; we
apologize for the delayed review.The applicant,Kenneth K. Leong Trust,requests a time extension to Condition C of
the Change of Zone Ordinance(Ordinance 99-36).The application indicates the subject 4.201-acre parcel was rezoned
in 1999 from Agricultural 5-acres(A-5a)to Family-Agriculture 1-acre(FA-la)with the specific goal of subdividing the
property into three agricultural lots. Condition C requires that final subdivision of the proposed subdivision be secured
from the Planning director within five years from the effective date(March 15, 1999) of the Change of Zone. Due to
unforeseen family hardships the Planning Director has extended the time limitations to January 15, 2004 (Exhibit C)
which extended the time limitation to March 15, 2009. The Leong Family is now ready to complete the required
subdivision and now requests an additional extension of time as requested by the Planning Director(Exhibit D).
Our records indicate that no archaeological inventory survey (AIS) has been conducted for the subject parcel. Aerial
photos indicate that the area has been significantly altered by previous grading. The USDA identifies the soil as Kona
extremely rocky muck(rKYD)(Foote et al. 1972).
The SHPD has no objection to the five year extension to Condition C of Ordinance No. 99-36. However, the SHPD
requests that a condition be attached stipulating that the SHPD shall have the opportunity to review any future
proposed plans that may have a potential to affect historic properties including any ground disturbing activities within
the subject parcel.
Please contact me at Susan.A.Lebo@hawaii.gov or at(808)692-8019 if you have any questions regarding this letter.
Aloha,
%A.%a SusanA.Lebo,PhD cc:Lydia Morikawa,DLNR(Lydia.Morikawa(uhawaii.gov)
Archaeology Branch Chief Christian Kay,COH(christian.kav@,hawaiicountv.gov) FEB - 4 2016
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RKennethLeongTrustREZ909Amend.crk 2.3.16
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
KENNETH K. LEONG TRUST
CHANGE OF ZONE ORDINANCE NO. 99-36 (REZ 909)
AMENDMENT TO CONDITION C
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. 99-36 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 to amend Condition C of Change of Zone Ordinance
No. 99-36, which states:
"Final Subdivision Approval of the proposed subdivision within the subject
property shall be secured from the Planning Director within five(5) years from
the effective date of the Change of Zone ordinance."
This condition required that Final Subdivision Approval be secured by March 15, 2004.
The applicant is requesting a 5-year time extension from the date of approval of this
proposed amendment to secure Final Subdivision Approval.
According to the applicant, the subject parcel was originally rezoned with the
express purpose of subdividing the property into three lots so that, as part of estate
planning, Mr. Leong could provide a lot for each of his three daughters. Tentative
subdivision approval was granted in 2002 and construction plans were prepared. A five
(5)year administrative time extension was granted in 2004 pushing the deadline to secure
final subdivision to March 15, 2009. The family found themselves unable to complete
the requirements of final subdivision approval due to Mr. Leong's passing in 2009, along
with the 2008 economic downturn. The family is requesting an additional five year time
extension as they are now ready to complete the subdivision, as directed by the Kenneth
T. Leong Trust.
-1-
Attachment to: Comm. 748
Bill 164
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 or their fault or negligence. According to the applicant, the subject
parcel was originally rezoned with the express purpose of subdividing the property into
three farm lots so that, as part of estate planning, Mr. Leong could provide a lot for each
of his three daughters. Tentative subdivision approval was granted in 2002 and
construction plans were prepared. A five (5) year administrative time extension was
granted in 2004 pushing the deadline to secure final subdivision to March 15, 2009. The
family found themselves unable to complete the requirements of final subdivision
approval due to Mr. Leong's passing in 2009, along with the 2008 economic downturn.
The family is requesting an additional five year time extension as they are now ready to
complete the subdivision, as directed by the Kenneth T. Leong Trust. The landowner has
taken reasonable steps toward completing subdivision of the subject property such as
submitting preliminary subdivision plans and construction plans, the applicant has
consistently been working towards compliance with the conditions of the change of zone
and non-performance is the result of conditions that could not have been foreseen and
were beyond the control of the applicant.
Approval of this request would not be contrary to the General Plan or
Zoning Code nor the original reasons for granting the Change of Zone. The General
Plan was updated in 2005. This update amended the Land Use Pattern Allocation Guide
(LUPAG) designation from"Orchard", to "Urban Expansion." The applicant's proposal
to subdivide the subject property into three parcels of approximately 1.35 to 1.50 acres in
size is consistent with the land use designation.
The Kona CDP (KCDP) was adopted by the Hawai`i County Council on
September 25, 2008 and identifies the majority of the property as situated within the
"Kona Urban Area", although not within a designated Transit Oriented Development
(TOD) zone. The subject parcel is also mostly situated within Concurrency Zone "H" on
the Kona CDP Official Concurrency Map.
-2-
The KCDP primarily directs future growth to the Kona Urban Area, and to infill
areas within or adjacent to existing development. The subject property meets these
criteria,and thus would be consistent with the growth management policies of the KCDP.
In addition,the KCDP designates the Kona Urban Area as a"critical road area" as
defined by the Hawai`i County Code. According to KCDP Objective Tran-6
Concurrency and Policy Tran-6.1, Rezonings (and amendments thereof), within the Kona
Urban Area, "...shall comply with the official concurrency map (see Table 4-1 and
Figure 4-3), which identifies road segments to be constructed concurrent with occupancy
units as the minimum "area mitigation", as defined in HCC 25-2-46(Zoning Code). "
The KCDP Action Committee provided the Director with a transportation concurrency
policy interpretation which states: "The Action Committee advises that the intent of the
CDP policy, transportation 6.1 —is to require that the official concurrency map be
applied as follows: To the extent that road improvements are necessary as area
mitigation for a project within the Kona CDP, such improvements shall be for some or all
of the road segments in that concurrency zone sufficient to offset the traffic demand or
impact generated by the project, based on the Level of Service in accordance to the
standards for such determinations as set forth in section 25-2-46 of the zoning code.
Those Level of Service standards set forth in section 25-2-46 of the zoning code
(concurrency) require a traffic impact analysis report(TIAR), is if a proposed zoning
change will generate 50 or more peak hour trips. According to the applicant, this three-
lot subdivision will only generate the equivalent of two (2)peak hour trips, and therefore
would not require"area mitigation" as required by the zoning code and KCDP.
Since the original Change of Zone was granted, the General Plan Facilities Map
(Ordinance 06-153) was updated to classify Mamalahoa Highway as an existing collector
street. According to the Department of Public Works-Engineering Division, the
"proposed"minimum width of the Mamalahoa Highway right-of-way should be 60 feet,
which is at least as wide as the General Plan standard for a major collector street. The
road widening condition will be updated to reflect this. In addition, DPW requested a
revision to the driveway access condition with the following proposed language: "A
common access approach for all proposed lots to Mamalahoa Highway, including the
-3-
provision of adequate site distances, shall meet with the approval of DPW. " The
driveway access condition will be updated to reflect this request.
In a letter dated January 29,2016,the State Historic Preservation Division
(SHPD) indicated that there was no record of an archeological inventory survey(AIS) for
the property and that based on a review of aerial photography, the parcel appears to have
been significantly altered due to previous grading activities. In addition, SHPD stated
that they had no objection to the requested, 5-year extension,however they asked that a
condition be added, "stipulating that SHPD have the opportunity to review any future
proposed plans that may have a potential to affect historic properties including any
ground disturbing activities within the subject parcel. " With respect to the requested
condition language, there is already a standard condition included in this favorable
recommendation requiring SHPD notification and review in the event that any
unidentified historic remains, such as artifacts,burials, paving, or walls, etc. be
encountered. In addition, should any subsequent land alteration permits be required (e.g.
grading or grubbing permits, etc.), SHPD will be afforded to opportunity to review and
comment per HRS Chapter 6E-42. Based on the preceding, we feel adding the requested
condition would be redundant based on existing processes and authorities already in
place.
Lastly, the request to amend Condition C to allow a time extension to secure Final
Subdivision Approval is not contrary to the original reasons for granting the change of
zone, which was to create a 3-lot farm subdivision and convey lots to family members as
part of estate planning. The proposed request will not unreasonably burden public
agencies to provide for infrastructure and utilities to the project site.
Based on the above findings, the Planning Director recommends that a favorable
recommendation be forwarded to the County Council to amend Ordinance No. 99-
36.
The accompanying draft bill reflecting an amendment to conditions of Ordinance
No. 99-36 is provided for your favorable consideration. The Planning Director
recommends that existing conditions in the ordinance be revised to reflect the current
standard language for conditions of approval, housekeeping revisions, and requested
-4-
changes as indicated above (Material to be deleted is bracketed and strike through and
material to be added is underscored).
-5-
.......
COUNTY OF HAWAII +_ �j� STATE OF HAWAII /+
‘4;•;;,-47*. ( plant/1 (44j Ot13-4.,
•
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 99 36,WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL—FIVE ACRES (A-5a)TO FAMILY AGRICULTURAL—ONE
ACRE (FA-la)AT KEALAKEHE HOMESTEADS, 1ST SERIES, KEALAKEHE,NORTH
KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-004:033.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 99 36 is amended as follows:
"SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
SECTION 2. [ .. _ - . -- ' . • _. . •. -- _ In
accordance with Section 25-2-44, Hawaii 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
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
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-2-
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING
CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL (A-5a) TO FAMILY AGRICULTURAL (FA-1a) AT KEALAKEHE HOMESTEADS,
1ST SERIES, KEALAKEHE, NORTH KONA, HAWAII.
PREPARED BY : PLANNING DEPARTMENT
• COUNTY OF HAWAII SEPT. 30. 1998
TMK 7-4-4:33 (K.nr�en K. Loo•07
EXHIBIT "A" KENNETH LEONG TRUST FOR REFERENCE ONLY EXHIBIT A
r
CKennethLeongTrustREZ909Amend.crk 2.5.16
KENNETH K. LEONG TRUST
CHANGE OF ZONE ORDINANCE NO. 99-36 (REZ 909)
AMENDMENT TO CONDITION C
CONDITIONS OF APPROVAL
A. The applicants, successors or assigns shall be responsible for complying with all
of the stated conditions of approval.
B. [The required water commitment payment for the additional lot shall be submitted
to the Department of Water Supply in accordance with its "Water Commitment
Guidelines Policy" within ninety(90) days from the effective date of this
ordinance.] The applicant is responsible for maintaining valid water commitments
to support the proposed use until such time that required water facilities charges
are paid in full. The applicants shall comply with all requirements of the
Department of Water Supply including the construction of all necessary water
improvements prior to final subdivision approval.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director within five(5) years from the effective date of[the Change of
Zone] this ordinance.
D. - . . .. - . ., ..
..
Design-Manual.] A common driveway access approach for all proposed lots to
Mamalahoa Highway, including the provision of adequate site distances, shall
meet with the approval of DPW. All accesses to and within the proposed
subdivision shall comply with the requirements of the Subdivision Code and the
approval of the Department of Public Works.
E. To provide for future road widening improvements, [ ] a future
road widening equal to half the difference between the existing right-of-way and
the proposed [50] 60 foot right-of-way as required by the General Plan shall be
delineated on subdivision plans. The future road widening shall be dedicated to
the County of Hawai`i upon its request at no cost to the County.
-1-
F. Restrictive covenants in the deeds of all the proposed lots within the subject
property shall prohibit the construction of a second dwelling unit on each lot. A
copy of the proposed covenant(s)to be recorded with the 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 approved covenant shall be
recited in an instrument executed by the applicant and the County and recorded
with the Bureau of Conveyances for any portion of the subject property. A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
G. A drainage study of the project site, if required, shall be prepared for review and
approval by the Department of Public Works, prior to submittal of plans for
subdivision review. Drainage improvements, if required, shall be constructed
meeting with the approval of the Department of Public Works prior to issuance of
Final Subdivision Approval.
H. Should any unidentified sites or remains such as artifacts, shell,bone, or charcoal
deposits,human burials, rock or coral alignments, pavings or walls 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 upon an archaeological
clearance from the DLNRHPD when it finds that sufficient mitigative measures
have been taken.
rY. • . . . • ., - • • ., - .. • . ••• • .. •. . • .
for each such lot, and shall become due and payable prior to final subdivision
property is subdivided in twe-er mere ixcrexnents, the amount of the fair share
contribution due and payable prier to final subdivision approval of each increment
shall be a sum calculated in theseinemanner according to the number of
-2-
i iii . - . - • i • . •• - • . - i i •, -
form of cash, land, facilities or any combination thereof, acceptable to the County
Council. The fair share contribution shall have a maximum combined value of
$7,239.16 per single family residential unit. Based upon the applicant' a
total of fair share contribution is $ 14,478. 32 for single- family residential units.
actual number of units according to the calculation and payment provisions set
forth in this Condition I. The fair share contribution shall be allocated as follows:
1. $3,490. 85 per single family residential unit for an indicated total of
$6,981.70 to the County to support park and recreational improvements
and facilities;
2. $168.10 per single family residential unit for an indicated total of$336.80
to the County to support police facilities;
3. $332. 61 per single family residential unit for an indicated total of$665.22
to the County to support fire facilities;
$115. 62 per single family residential unit for an indicated total of
5. $3,101.68 per single family residential unit for an indicated total of
- . . . ... ., . - . •. -, - -, .. • . •- . ... - . .. .,
subject-to the approval of the director. The cost of providing and constructing the
administering Condition I,the fair market value of land contributed or the cost of
-3-
any improvements required or made in lieu of the fair share contribution shall be
subject to review and approval of the director, upon consultation with the
appropriate agencies.
Upon approval of the fair share contributions or in lieu contributions by the
director, the director shall submit a final report to the Council for its information
that identifies the specific approved fair share and/or in lieu contributions, as
allocated, and further implementation requirements.]
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 transportation facilities. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution for each newly created lot shall be based on
the actual number of residential units developed. 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 combined value of$13,506.70
per single family residential unit. The total amount shall be determined based on
the actual number of units or lots created 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. $6,513.17 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $314.20 per single family residential unit to the County to support police
facilities;
3. $620.58 per single family residential unit to the County to support fire
facilities;
4. $271.70 per single family residential unit to the County to support solid
waste facilities; and
5. $5,787.06 per single family residential unit to the County to support road
and traffic improvements.
-4-
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. 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.
K. An initial extension of time for the performance of conditions within the
. .' - - • . - 9• - - -- - -- - - - -
circumstances:
1. The non performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, its successors or
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.
'1. The time extension granted shall be for a period not to exceed the period
If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for appropriate
action.
L. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
HEARING TRANSCRIPT
FEBRUARY 18, 2016
A regularly advertised hearing on the application of KENNETH K. LEONG TRUST (Amend
REZ 909)was called to order at 9:31 a.m. in the West Hawai`i Civic Center, Community Center,
Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i,with Vice Chairman
Thomas Whittemore presiding.
COMMISSIONERS PRESENT: Thomas Whittemore, Collin Kaholo, Sonny Shimaoka and
Keith Unger
ABSENT AND EXCUSED: Brandi Beaudet, Scott Church and Barbara Nobriga
ALSO PRESENT: Danny Patel(Counsel for the Commission), Bobby Command(Deputy
Planning Director), Jeff Darrow(Planner), Christian Kay(Planner) and Noriko Sauer
(Commission Secretary)
And eight people from the public in attendance.
APPLICANT: KENNETH K. LEONG TRUST (Amend REZ 909)
Request for a 5-year time extension to Condition C (secure Final Subdivision Approval)of
Change of Zone Ordinance No. 99-36,which rezoned 4.201 acres of land from an Agricultural-5
acres(A-5a) zoning district to a Family Agricultural-1 acre(FA-la)zoning district to
accommodate a proposed 3-lot subdivision. The subject property is located along the west
(makai) side of Mamalahoa Highway,approximately 0.7 miles south of the Mamalahoa Highway-
Palani Road intersection at Kealakehe Homesteads First Series, Kealakehe,North Kona, Hawai`i,
TMK: 7-4-004:033.
WHITTEMORE: The first item on the agenda,the application is for Applicant,Keith[sic] K.
Leong Trust. Staff,will you make presentation?
KAY: Thank you,Mr. Chair. Good morning, Commissioners. So as you said, it's an amendment
to Change of Zone Ordinance Number 99-36. The subject 4.201-acre parcel is located in the
North Kona District of Hawai`i Island,more specifically in the Kealakehe Homesteads area. It's
here outlined in blue. Access to the subject parcel is off of Mamalahoa Highway about
seven-tenth of a mile to the south of the Palani Street-Mamalahoa Highway intersection.
A closer look here it shows again the subject parcel outlined in blue, access again being off of
Mamalahoa Highway here. It was rezoned back in 1999 from Ag-5 to Family Agriculture-1 acre.
The surrounding zoning in the area is Ag-5 generally to the mauka side of Mamalahoa Highway,
Ag-1 and some Family Agriculture-2 acres and some Residential and Agriculture-.5 acre.
Surrounding uses in the area are small farm,residences, vacant land and directly to the north of the
subject parcel is the Hula Daddy Kona Coffee Plantation and Visitor Center.
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Attachment to: Comm. 748
Bill 164
The State Land Use Boundary designation for the subject parcel and surrounding area is
Agriculture. Our General Plan Land Use Pattern Allocation Guide Map designates really a split
LUPAG designation,and that's Urban Expansion here shown in the crosshatching and the small
portion in Important Agricultural Lands in green. The Kona CDP has the majority of the parcel
within the Kona Urban Area, which is indicated by this red line, and it is also in the Concurrency
Zone H according to the Kona CDP Concurrency Map.
Here is an aerial photo of the subject parcel, again, with Mamalahoa Highway here acting as
access. There is an existing single-family dwelling on the mauka portion of the parcel, and the
lower portion is where the proposed additional two lots for this project. Again, surrounding uses
are residential,vacant, some coffee farms, and here kind of cut off at the top is the Hula Daddy
Visitor Center.
The applicant is requesting an amendment to Condition C of this Change of Zone Ordinance 99-36
in order to provide more time to secure final subdivision approval for a proposed three lots
subdivision. Condition C required that final subdivision approval be secured by March 15,2004.
The applicant subsequently came in for an administration time extension,which gave them an
additional five years to 2009. The applicant is requesting an additional five years now at the
Commission from the date of approval of this proposed amendment to secure final subdivision
approval.
Here is their proposed subdivision map. Again,this is roughly where the existing single-family
dwelling is, and the other two lots would be more makai of the dwelling.
Here is a view of the driveway looking makai; you can see kind of behind the palm tree here the
existing single-family dwelling. And here are some views of the subject, or Mamalahoa Highway;
here is looking north with the subject parcel on the left and here is looking south along
Mamalahoa Highway with the subject parcel on the right.
The Planning Director is recommending that we forward a favorable recommendation to the
County Council to amend this ordinance. With that,I'm happy to answer any questions that the
Commission may have.
WHITTEMORE: Commissioners, any questions of staff? This is just for clarification, this is a
five-year extension request is what it is.
KAY: That is correct.
WHITTEMORE: Right. Will the applicant's representative please step forward?
LEONARD: Good morning, Chair.
WHITTEMORE: Good morning. Will you please raise your right hand?
LEONARD: Yes. Can you hear me on this?
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WHITTEMORE: I can. Can you hear me?
LEONARD: Yes.
WHITTEMORE: Okay. Do you swear to affirm to tell the truth on this matter now before the
Hawai`i County Planning Commission?
LEONARD: I do.
WHITTEMORE: Thank you.
LEONARD: My name is James Leonard. I'm representing the Kenneth K. Leong Trust in this
application.
WHITTEMORE: Okay. Do you want to proceed with your, any comments you have that you
want to add to the staff's presentation?
LEONARD: No, it's really rather straightforward, Commissioners. The prior owner, Mr. Leong,
had wanted,this was his property, and had wanted to deed over to his three daughters a portion of
the property. At the time two of the daughters were living on the property with him. He passed
away in 2009. And then, you know, with the economic downturn, with his passing, the family just
didn't have the resources really at that time to follow through and completing the subdivision.
They had gone through and gotten tentative subdivision approval, they had gotten their
construction plans approved by DPW; Mr. Leong had done that in his life time. But they didn't
have the financial means to carry through with all the improvements and everything that would be
required for final subdivision approval. But they are in the position to do that at this time, and
they would like to proceed ahead and fulfill the wishes that Mr. Leong had to deed the property
over to his three daughters,one of which is living there on the property with her family.
WHITTEMORE: Commissioner, do you have any questions? We do not have anybody else at
this time signed up to testify. Is anybody come in recently that needs to sign up? Okay. You
have read the conditions that the Department Chair[sic] has proposed?
LEONARD: Yes,we have.
WHITTEMORE: And are you and your representative,you are the representative of the applicant
or--.
LEONARD: Yes.
WHITTEMORE: Are you comfortable with those conditions?
LEONARD: And they are very comfortable with the conditions as they are written.
WHITTEMORE: Okay, so they have reviewed, okay.
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LEONARD: Yes.
WHITTEMORE: Okay. No questions,Commissioners? Okay. Can I call for question,motion?
SHIMAOKA: I move that a favorable recommendation be forwarded to the County Council on
the application to amend REZ 909,based on the Planning Director's findings, recommendations,
and proposed conditions, which shall be adopted.
KAHOLO: Second.
WHITTEMORE: Second, okay. Can we ask staff for,take a vote?
KAY: Thank you,Mr. Chair. Commissioner Shimaoka?
SHIMAOKA: Aye.
KAY: Commissioner Kaholo?
KAHOLO: Aye.
KAY: Commissioner Unger?
UNGER: Aye.
KAY: And Chair Whittemore?
WHITTEMORE: Aye.
KAY: Okay,motion carries, four-nothing.
WHITTEMORE: Okay, thank you.
The discussion ended at 9:40 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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