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COM 0218.000 2020-2022
�,•c Lee E.Lord „ ���li Managing Director if' Mitchell D.Roth : fi Ar / Mayor = - �- Robert H.Command �:+,: �`. Deputy Managing Director i TE OP•Mr Coutav of Ra ai`t ( f ta of fie Alavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 C'S C=s April 14, 2021 �°- %Ary l w ° r Maile David, Council Chair •t; and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 04 149 (REZ 1059) Applicant: Ernest and Elizabeth Young Request: Amendment to Condition C (Time to Secure Final Subdivision) Tax Map Key: 7-3-011:068 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, MITCHELL D. ROTH Mayor TCouncilYoungREZ 1059Amend04-149 Enclosures cc: Planning Department Ka, ►t 3a.) Comm. No. 21� Ref. To: PCJ County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date APK 2 1 2021 J�SV OF/�,�• . Mitchell D.Roth °'�. "'� Michael Vitousek,Chair Mayor ,�,, 3 Max Newberg,Vice-Chair '' � '"�' Nancy Can Smith Lee E.Lord ,• Barbara DeFranco Managing Director )44.1^..•a''�' ' Perry Kealoha Mark Van Pernis County of Hawaii Faith"Faye"Yates LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 APR 1 3 421 Maile David, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 04 149 (REZ 1059) Request: Amendment to Condition C (Time to Secure Final Subdivision Approval) Applicant: Ernest and Elizabeth Young Tax Map Key: 7-3-011:068 The Leeward Planning Commission, at its duly held public hearing on March 18, 2021, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 04 149. The subject property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway, Kalaoa 1st & 2nd, North Kona, Hawai`i. The Commission voted to send a favorable recommendation to the County Council, as recommended by the Planning Director with an amendment to Condition L related to fair share. The Commission adopted the Planning Director's reasons for the favorable recommendation as follows: The applicants, Ernest and Elizabeth Young, have submitted an application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 04-149, which rezoned 1.8628 acres of land from Agricultural-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet (RS-20) zoning district. The previous applicant never requested an administrative time extension for the subject Hawai`i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 Ordinance, therefore the deadline to comply with this condition and complete the proposed subdivision would have been December 8, 2009. Based on the preceding, the applicants are now requesting .a 5-year time extension to complete the proposed subdivision. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of theirfault or negligence. The previous landowner, Lillian Mahi received approval for a State Land Use Boundary Amendment and Change of Zone for the subject parcel in 2004. At the time the applicant proposed to subdivide the subject parcel into three (3) lots at least 20,000 square feet in size. Despite initiating the subdivision process in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision approval by the time she passed away in 2008. Ms. Mahi's children were similarly unable to complete the project and subsequently sold the property. The current applicants purchased the property in 2016 and have been diligently working toward complying with conditions of the change of zone ordinance and tentative subdivision approval. During this process, the applicants were made aware that they were out of compliance with timed conditions of approval. To rectify this oversight, the applicants are requesting a five (5)year time extension to complete the subdivision. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting Change of Zone Ordinance No. 04 149 have not changed. The current landowner intends to develop the property in the same manner as in 2004 when the original zoning was granted, by creating a 3-lot subdivision consistent with the RS-20 zoning district. The site is served by appropriate infrastructure such as water, wastewater, roadway access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, the Kona Community Development Plan (KCDP) was adopted in 2008. The KCDP designates the property to be within the "Kona Urban Area" and the current zoning (RS-20) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Low. Density Urban designation, which allows for a "residential, with ancillary community and public uses, neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre." Maile David, Council Chair and Members of the County Council County of Hawai`i Page 3 Additionally, the zoning is consistent with the following goals, policies, and actions of the General Plan: LAND USE ELEMENT • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zoneurban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. • Zoning request shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. HOUSING ELEMENT • Attain safe, sanitary, and livable housing for the residents of County of Hawaii. • Maintain a housing supply which allows a variety of choice. • Seek sufficient production of new affordable rental and fee-simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. The subject, 1.8628-acre property is situated at the southwest corner of the intersection of Mahilanii Drive and Mdmalahoa Highway and is currently improved with a 1,712 square foot single-family dwelling, as well as a storage building and two small sheds. The RS-20 zoning and proposed subdivision is consistent with other single family residential subdivisions located in the surrounding area. These subdivisions are situated mainly within the State Land Use Urban District and are primarily zoned Agricultural (A- 5a) by the County. However these subdivisions are non-conforming residential sized lots ranging between 8,000 to 20,000 square feet. Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 The subject parcel currently has two driveway accesses, one from Mahilani Drive and another from the Mamalahoa Highway which is a State owned and maintained highway. Conditions of the Ordinance memorialize access location requirements for the proposed lots. As Mamalahoa Highway is a State-owned and maintained roadway, the applicant will be required to secure approval from the State Department of Transportation for any driveway connections. The preceding has been added as a condition of approval. While the applicant anticipates a small increase in traffic from the project, it should not have a significant impact on existing State and County roads. The property is currently served with two (2) units of water and the applicant has paid the water commitment fee for one (1) additional unit of water through January 31, 2024 and is subject to renewal. Based on the preceding, the Director is recommending amending Condition B to require the applicant to maintain valid water commitments until the required water facility charges are paid in full. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard and the applicant will be required to ensure that all development-related runoff be disposed of on site and not be directed toward any adjacent properties. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site located more than 5.3 miles from the nearest shoreline and is situated outside of the SMA. There is no record of any designated public access to the shoreline or mountain areas that traverses the site. There is no evidence that valued cultural, historical, or natural resources exist on the property, and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Furthermore, a professional flora/fauna study was submitted in 2004, which concluded that, "no rare, threatened, or endangered species as listed by the U.S. Fish and Wildlife Service were observed on or near the property, as the property was already graded and developed for residential use." Based on the preceding, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required Maile David, Council Chair and Members of the County Council County of Hawaii Page 5 by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance.No 04 149. In addition, the Planning Director recommends that the existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 04 149 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struct through; new material is underscored. We are enclosing copies of the Planning Director's Background and Recommendation, Planning Director's Revised Background, Recommendation and Conditions of Approval and the PowerPoint presentation. A draft transcript of the hearing for your information will be provided under separate cover. Sincerely, 1144-5 4/11Ai, Michael Vitousek(Apr 13,2021 14:17 HST) Michael Vitousek, Chairman Leeward Planning Commission LYoungAmendREZ04-012wpc2 Enclosures cc: Ernest&Elizabeth Young Department of Public Works Department of Water Supply Jean Campbell, Esq., Corporation Counsel BYoungREZAmend.tic.3.4.2021 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ERNEST AND ELIZABETH YOUNG AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04149 (REZ 1059) ERNEST AND ELIZABETH YOUNG have submitted an application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 04-149, which rezoned 1.8628 acres of land from Agricultural-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet(RS-20). The property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway, Kalaoa 1st &2nd,North Kona, Hawai`i, TMK: (3) 7-3-011:068. APPLICANT'S REQUEST AND REASONS 1. Applicant's Request: The applicant is requesting a five (5)-Year Time Extension for Condition C (Time to Secure Final Subdivision Approval), which states: "Final subdivision approval shall be secured within five (5)years from the effective date of this ordinance. " The previous applicant never requested an administrative time extension for the subject Ordinance, therefore, the deadline to comply with this condition was December 8, 2009. It should be noted that the application also requested a time extension to Condition B (Water Commitment Payment), to allow additional time to pay the required water commitment fee. However,by letter dated February 3, 2021, the Department of Water Supply confirmed receipt of the required payment thereby making the water commitment valid until 2024. Thus, the time extension request to Condition B moot. 2. Applicant's Reasons for the Request: The previous landowner, Lillian Mahi received approval for a State Land Use Boundary Amendment and Change of Zone for the subject parcel in 2004. At the time the applicant proposed to subdivide the subject parcel into three (3) lots at least 20,000 square feet in size. Despite initiating the subdivision process in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision approval by the time she passed away in 2008. Ms. Mahi's children were similarly -1- unable to complete the project and subsequently sold the property. The current applicants purchased the property in 2016 and have been diligently working toward complying with conditions of the change of zone ordinance and tentative subdivision approval. During this process, the applicants were made aware that they were out of compliance with timed conditions of approval. To rectify this oversight, the applicants are requesting a five (5) year time extension to complete the subdivision. 3. Landowners: Ernest and Elizabeth Young. 4. Supportive Information: The applicants submitted the attached in support of the request: (P.D. Exhibit 1 -Application for Time Extension dated November 18, 2020) CHRONOLOGY OF LAND USE PERMITTING 5. December 8, 2004: Effective date of Change of Zone Ordinance No. 04 149 approved by the County Council, which reclassified 1.8628 acres of land from an Agricultural 5-acre (A-5a) to Single Family Residential 20,000 square feet (RS-20) zoning district. 6. April 1, 2005: The previous applicant submitted a subdivision application to comply with Condition C (Final Subdivision Approval). 7. September 19, 2005: The Planning Department issued tentative subdivision approval to subdivide the subject property into three (3)new lots (SUB-05-000056). 8. June 18, 2007 through March 30, 2015: The Planning Department issued eight(8) time extensions for the completion of the Tentative Subdivision Approval granted in 2005. The eighth and final time extension for completing the subdivision lapsed on September 19, 2015. STATE AND COUNTY PLANS 9. State Land Use Designation: Urban. 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density Urban(LDU). 11. County Zoning: Single-Family.Residential-20,000 square feet(RS-20). 12. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawai`i County Council by Ordinance No. 08 131 on September 25, 2008, identifies the area as situated within the "Kona Urban Area." Portions of the Kona CDP were recently amended under Ordinance No. 19 91. -2- 13. Special Management Area: The subject property is located more than 5.3 miles from the nearest shoreline and is not situated within the Special Management Area(SMA). DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 14. Project Site: The subject property is 1.8629 acres in size and is roughly rectangular in shape and is improved with a 1,712 square foot single-family dwelling, as well as a storage building and two small sheds. 15. Surrounding Zoning and Land Uses: There are single-family residences within residential subdivisions located in the immediate surrounding area of the property. These include Kona Highlands to the east, Kona Coastview and Kona Wonderview to the south and Kalaoa View and Keahole View to the north. While these surrounding subdivisions are situated mainly within the State Land Use Urban District, they are primarily zoned Agricultural (A-5a)by the County. However, lots within these subdivisions range between 8,000 to 20,000 square feet in size, making them non-conforming residential sized subdivisions. 16. FEMA Flood Insurance Rate Map (FIRM): Zone X, which is an area of minimal flood hazard determined to be outside of the Special Flood Hazard Area. 17. Archaeological/Historical Resources: By letter dated February 9, 2021, the Department of Land and Natural Resources-State Historic Preservation Division indicated that they have no objection to the proposed time extension citing the extensive grading and existing residential development of the parcel. 18. Cultural Resources: The property is not adjacent and/or proximate to the shoreline. As such, gathering of marine life, fishing and coastal access is not an issue. The subject parcel has been extensively graded and developed for residential purposes; therefore, it would appear very unlikely that the site would be used for gathering or associated with traditional and customary Hawaiian practices. 19. Flora/Fauna Resources: A botanical reconnaissance was conducted by Ron Terry, Ph. D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The report concluded that, "no rare, threatened or endangered species as listed by the U.S. Fish and Wildlife Service were observed on or near the property, as the property was already graded and developed for residential use." -3- 20. Public Access: There is no public access to the mountains or the shoreline that traverses the property. PUBLIC UTILITIES AND SERVICES 21. Access/Traffic: The subject parcel currently has two driveway accesses, one from Mahilani Drive which is a County owned and maintained street and another from the Mamalahoa Highway which is a State owned and maintained highway. As required by Condition D of the subject Change of Zone Ordinance proposed lots B-1 and B-2 will be accessed from Mahilani Drive. Proposed lot B-3 will be accessed from an existing driveway onto the Mamalahoa Highway. Per condition E of the subject Change of Zone Ordinance the site plan identifies a 10-foot-wide planting screen easement (Proposed Easement P-1, P-2 and P-3) along the parcels Mamalahoa Highway frontage. According to the Department of Public Works, any driveway connections to Mamalahoa Highway will be subject to review and approval by the State Department of Transportation. There will be an increase in traffic consistent with that of household traffic for two additional dwellings which should not have a significant impact on existing State and County roads. 22. Water: According to the Department of Water Supply(DWS), the property is currently served with two (2)units of water and the applicant has paid the water commitment fee for one (1) additional unit of water through January 31, 2024 and is subject to renewal. Additionally, DWS articulated standard necessary water system improvements, facilities charge amount and remittance instructions, and water improvement conveyance requirements. 23. Wastewater: Sewage will be disposed of via individual wastewater treatment systems approved by the State Department of Health. 24. Essential Utilities, Police,Fire and Medical Services: All essential utility and services are available to the project site. Police and fire services are available from the Kailua- Kona station, approximately eight miles from the project site. Medical services are available at the Kona Hospital in Kealakekua. • AGENCIES AND ORGANIZATIONS' COMMENTS 25. Department of Public Works—Engineering Division: (P.D. Exhibit 2—December 23, 2020 memo). -4- 26. Department of Water Supply (P.D. Exhibit 3—February 3,2021 memo) 27. State Department of Health (Planning Department Exhibit 4—January 13,2021 memo). 28. State Department of Land and Natural Resources—State Historic Preservation Division (Planning Department Exhibit 5—February 9, 2021 memo). AGENCIES -NO COMMENTS/NO CONCERNS 29. Police Department, Fire Department, State Department of Land and Natural Resources— Land Division AGENCIES -NO RESPONSE 30. Department of Public Works—Traffic Division, Department of Public Works—Building Division, Department of Environmental Management, and Office of Housing and Community Development. PUBLIC COMMENTS 31. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -5- November 18, 2020 =J'=`*a- 4544 Michael Yee - ': 0 101 Pauahi St. Suite 3 REn_ - Hilo, HI. 96720 Subject: Change Of Zone Ordinance No. 04 149 Applicants: Ernest & Elizabeth Young Request: Time Extension To Condition C (Securing Final Subdivision Approval) Tax Map Key: (3)7-3-011 :068 Dear Michael Yee, Aloha! Let me introduce ourselves, Ernest & Elizabeth Young, we are the current owner of the subject property. We are submitting the following request for a time extension of the referenced condition of the Change of Zone Ordinance so that we can complete the requirements for and to obtain Final Subdivision approval for our property. The subject property, consisting of 1.8628 acres, was rezoned in 2004 (by the previous owner Lilian Mahi) from Agriculture-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet (RS-20) with the specific goal of subdividing the property into three lots. A copy of the Change of Zone ordinance (Ordinance No. 04 149) is attached for reference as Exhibit A. The previous owner passed away prior to finalizing the conditions and subdivision., as the current owners we would like to finish what Lilian Mahi started and complete the subdivision. The rezoning ordinance included a number of conditions two of which; Condition B and C, were time sensitive. Condition B Manning Dept. Exhibit 1 required payment of the water commitment fee to the Department of Water Supply within ninety (90) days from the effective date of the ordinance. Water can be made available as noted in a letter from Department of Water which is attached and referenced as Exhibit B. We are requesting time extension to be able to make payment to the Department of Water in accordance to the ordinance No. 04 149. Condition C of Ordinance No. 04 149 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: December 8, 2004), that is by December 8, 2009. An administrative extension of time was granted by the Planning Director by his letter of March 30, 2015 (to the previous owners), which extended this date to September 19, 2015. A copy of this letter is attached for reference as Exhibit C. The subdivision application was submitted and received tentative approval September 19, 2005. In August of 2008 the owner/applicant passed away and her adult children were unable to continue with fulfilling the conditions. As the current owners, Ernest and Elizabeth Young we would like to complete the subdivision, an additional extension of time is being requested, as directed by the Planning Department in their letter dated September 16, 2020 which is attached as Exhibit D. I. Project Location and Description The subject property is 1.8629 acres. The property is located on the southwest corner of the Mahilani Dr.-Mamalahoa Highway (Highway 190) intersection, Kalaoa Pt and 2nd, North Kona, as shown on the attached Location Map (Figure 1), TMK Map (Figures 2) and Vicinity Map (Figure 3). The parcel is roughly rectangular in shape. There is an existing home located on the parcel in the area proposed for lot B-2. II.Regulatory Background As noted, the property was rezoned from Agriculture-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet (RS-20) in 2004 with the adoption of Ordinance No. 04 149. 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). Tentative Subdivision approval for the planned 3-lot subdivision was granted by the County of Hawaii Planning Department on September 19, 2005. 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 September 19, 2015. Other conditions of the change of zone ordinance pertain to the requirements for final subdivision approval, including: Recording restrictive covenants in the deeds of all proposed lots prohibiting the construction of a second dwelling on each lot (Condition H); providing drainage improvements, 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 regional impact of the project with respect to roads, parks and recreation, fire, police, and solid waste disposal (Condition K). Pending approval from the County Council of the requested extension of time, Applicants are 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 December 8, 2009. Condition N 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 September 19, 2015. The previous owner passed away before she was able to obtain final subdivision approval. We, Ernest and Elizabeth Young, have come forward as the new owners of the subject property and have requested that we continue processing this application. In his letter (Exhibit D) of September 16, 2020, the County Planning Director notes the Change of Zone Ordinance affecting this property has time constraints which have been seriously neglected 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 Condition C of the Ordinance. In light of the above we the new owners are requesting an additional 5-year 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 N 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 applicants, successors or assigns and that are not the result of their fault or negligence. Mrs. Lilian Mahi had originally sought the change of zoning and a subdivision of the property unfortunately she was unable to finish before passing away. The current owners, Ernest and Elizabeth Young, would like to finish what Lilian Mahi started. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. This request for an extension of time continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map, which designates this area for Urban Expansion. Urban Expansion Area allows for a mix high density, medium density, low density, industrial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not been determined. The area under consideration is consistent with the urban form established for this section of the North Kona District as depicted on the LUPAG Map. The Kona Regional Plan, adopted by Resolution No. 1 84, recommends the area for residential four (4) units per acre. The applicant's proposal is a single family residential subdivision. It is adjacent to a residential subdivision called Kona Highlights. The reclassification is for a similar urban land use designation. proposed Thus, the requested boundary amendment would be in the direction of fulfilling the low density range plans, in this particular case. Furthermore, an Urban classification would complement the existing and future residential land use patterns of the surrounding properties in view of the adjacent Kona Highlands Subdivision. 3. Granting of the time extension would not be contrary to the original reasons for the change of zone. The reason 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. • All utilities and services are available to the property which is essential to accommodate urban development • From a land use perspective, it is more feasible alternative to infill residential development within this particular area of North Kona. In doing so, it would tend to alleviate the conversion of more productive agriculture lands in more appropriate locations within the North Kona area for Urban Low Density type uses. Furthermore, the request would complement the existing and future residential land use patterns of the surrounding properties. 4. The time extension granted shall be for a period not to exceed the period originally granted. We the applicants are seeking a time extension of 5-years, similar to the period originally granted to the previous owner. We respectfully request your favorable consideration to this 5-year time extension request. It should be noted that, in accordance with the public notice requirements per section 25-2-4 of the County Zoning Code, written notice of the pending request will be provided to property owners and lessees for properties, which any portion of which is within 300 ft. 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, the application fee of$250. has been paid and a copy of the check is attached 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. Mahalo Nui Loa, Ernest & Elizabeth Young 73-1236 Mahilani Dr. Kailua Kona, HI. 96740 (808)640-8942 (808)989-1730 ErnestYoungArt@gmail.corn 1LARR1'KIM ,v a k ., DEANNA S SAKO MAYOR c° ; % FINANCE DIRECTOR w DEM 1\ DIRE C'TOR COUNTY OF HAWAII Department of Finance - Real Property Tax Aup.Uat,Cerate., tifl I aaou SttettHaat(~3}IltEct I1Dude('1672.-4223 i F,ay(S))vrGtr,I-4 p'1 \ppru `r (Sttb)`7b1-815.IICIcrreal{I1111I)9(,I V'9C;I Ii nllz2tion,(8)S)w)14::82 c t lla t aa`)C'trtc Center 17-# A1)41 r\nc keollok tii.;Ie I Ity<t III it.I)?rti Floor i K.rt)caa Kum) Itat\st'i tia7.10 1 riSo8)327-3335 i A1')x,tiscts IEI,Sy 323--ISSI ICieracal(81.,8)323-4t 1t'i REAL PROPERTY TAX CLEARANCE Date: Friday, November 13, 2020 TMK: (3)7-3-011-068-0000 Young,Ernest Davis et al This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year up to and including December 31, 2020. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Young,Ernest Davis et al and is issued for this parcel only. by • REAL PROPERTY TAX DIVISION Paid up to and including December 31, 2020. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(212018) Hawai'i County is an Equal Opportunity Provider and Employer TI33251-iIHAW Exhibits & Figures Attached • Exhibit A "Change of Zone ordinance(Ordinance No. 04 149)" • Exhibit B "Letter From Department of Water" • Exhibit C "Time Extension Granted to Previous Owner" • Exhibit I) "Letter From Planning Department" • Exhibit E "Neighbors within 300 ft. • Figure 1 "Location Map" • Figures 2 "TMK Map" • Figure 3 "Vicinity Map" • Figure 4 "Preliminary Subdivision Map" i Exhibit COUNTY OF HAWAI'I STATE OF IIAWAI41 BILL NO. 343 Draft 4 ORDINANCE NO. 04 149 AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8,CHAPTER 25(ZONING CODE)OF THE HAWAI`1 COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL-5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL—20,000 SQUARE FEET(RS-20)AT KALAOA Ise AND 2N0,NORTH KONA, HAWA1`I,COVERED BY TAX MAP KEY 7-3-011:068. • 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 Kalaoa 1''and 2nd, North Kona, Hawaii shall he Single Family Residential—20,000 square feet(RS-20): Beginning at a 3' inch pipe(found)at the Southeasterly corner of this parcel of land, being also the Northeasterly corner of Lot 1 and being a point on the Westerly side of Hawaii Belt Road(F.A.P.F-10(5)),the coordinates of said point of beginning referred to Government Survey Triangulation Station"MOANUTAHEA"being 4,614.0()feet South and 8,759.10 feet West and running by azimuths measured clockwise from True South: Thence, for the next six (6)courses following along the remainder of Grant 3027 to Heucu: 1. 86° 20' 30" 37.95 feet along Lot 1 to a point; 2. 93° 28' 30" 78.47 feet along Lot 1 to a point; 3. 95° 20' 30" 104.89 feet along Lot 1 to a point; 4. 88° 34' 45.03 feet along Lot 1 to a '.,inch pipe(found); 5. 93° 09' 30" 4.29 feet along Lot 1 to a % inch pipe(tbund); f EXh th i 191° 56' 383.98 feet alongLot A to a 34 inch pipe(found); 6. P P ( ) 7. 268° 17' 15" 154.77 feet along the Southerly side of Mahilani Drive to a point; Thence,following along the Westerly side of Hawaii Belt Road(F.A.P. F-10(5)) on a curve to the left with a radius of 5,769.56 feet,the chord azimuth and distance being: 8. 355° 13' 26" 249.82 feet to a point; 9. 353° 59' 143.35 feet along the Westerly side of Hawaii Belt Road(F.A.P.F-10(5))to the point of beginning and containing an area of 1.8628 Acres. All as shown on the map attached hereto,marked Exhibit"A"and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code,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. A. The applicant,successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The required water commitment payment shall be submitted to the Department of £xhIIt 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 shall be secured within five(5)wars from the effective date of this ordinance. D. Access to the proposed lots(B-1 and B-2)shall be from Mahilani Drive. Access to proposed lot B-3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works. 0-foot wide no vehicular access planting screen easement shall be delineated E. A ) o p g along all lots fronting Mamalahoa Highway. F. All development-generated runoff shall be disposed of on-site and shall not he directed toward any adjacent properties. G. Drainage improvements, if required,shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit and condominium property regimes and any further subdivision of each lot. This restriction maybe removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the 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 covenants)shall be recited in an instrument executed by the applicant and the County and recorded -3- ExhIIt i wit 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. All earthwork and wading shall conform to Chapter 10, Erosion and Sediment Control of the Hawaii County Code. J. Should any undiscovered remains of historic sites,such as rock walls,terraces. platforms,marine shell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources —State Historic Preservation Division(DLNR-SHPD)shall he immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. K. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads,park,fire,police and solid waste disposal facilities. The fair share contribution shall be initiallybased on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts arc adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or within five(5)years from the effective date of this change.of zone ordinance,whichever occurs first. The fair share contribution for each additional lot shall be based on a maximum density for each additional lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash,land, facilities or any combination thereof shall he determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share -4- / / xIIt contribution shall have a maximum combined value of$9,671.44 per additional single family residential unit. Based upon the applicant's representation of intent to develop a total of two(2)additional single-family residential units,the indicated total of fair share contribution is$19,342.88 for the additional singe- 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 K. The fair share contribution shall he allocated as follows: 1. $4,663.74 per single family residential unit for an indicated total of $9,327.48 to the County to support park and recreational improvements and facilities; 2. $224.98 per single family residential for an indicated total of$449.96 to the County to support police facilities; 3. $444.36 per single family residential unit for an indicated total of$888.72 to the County to support fire facilities; 4. $194.55 per single family residential unit for an indicated total of$389.10 to the County to support solid waste facilities; 5. $4,143.81 per single family residential unit for an indicated total of $8,287.62 to the State or County to support road and traffic improvements. -5- ExhI1It In lieu of paying the fair share contribution,the applicant may construct such facilities related to park,fire,police and solid waste disposal facilities subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and the approval of the Hawaii County Council. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees,conditions included herein shall he credited towards the requirements of the Unified Impact Fees Ordinance. M. The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements. N. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants,successors or assigms, and that are not the result of their fault or neOigence. 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 wanting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e.,a condition to be performed within -6- I1 f i one year may be extended for up to one additional year). 5. If the applicants should require an additional extension of time,the Planning Director shall submit the applicants' request to the County Council for appropriate action. O. 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: 4 t! CIL Mir BER,CO TY OF H I'l Kona , Hawai`i Date of Introduction: November 10, 2004 Date of I st Reading: November 10, 2004 Date of 2nd Reading: November 24, 2004 Effective Date: December 8, 2004 REFERENCES Comm. 788.3 -7- . i £x1'iiit /l ' ? A-20a A-20a j ! `I i A•20a l A-3a is w 1 1 A-20a ! 'l }`; ii T -\ — A-la I AlaA-20a 1 Z}' -\ un 1 i 1 i , l • , , +, ! '} \A I AGRICULT AL(A-5a)TO1': '``'• -----• �� —•' r ---. SIN LE•FAM Y RE NitAL(RSA-20) '1}}, 3 ''•• + 8628 AC II i I II --. - 1 i` A-20a 1 j i \ i A-20a I r ; I _ 't \ \ I i \ ,} ' 1 I I A-la 614.40 S 1 A-20a ,.o� \ t L...-_...... 759.f0 W I i ,, iia•, alatlol�H.E r +, °,OANUTAHEA'.ti + \A-20a I A•la A-20a 1A-la m1 !Ma }' A-203 A-20a - MINN.- i - � I ...-..`.��N I I I t. I 0 ., I I v� I A Sa Ara4° `�, A•5a i i I j i i-_ I A Y A-5a I 1 i I T A-5a —' 1 ' � , I I lQ TiI 1 1 i - -. _�.----,- _ ----7' J�- 't '1 II �y L. • L -N. as m ' -Mini gf.r -/- --L1- ; -a- — i ,! ; Rs-t0. RS-7.5 1 i t --- 7 - .----E-Ii - • I I-II_ K .,`-•i j i . , _ ----h-_a - .___I 1 _ — _ ME I ' --- 1-_-\17-O F.-- --�r 1 - Ma i1 It J..^ I I -- -- - A-„l- I —1 1 I i — v- 1 - ---t-nr. ;� —j. its2o ;: jh 1 I S- - yh -— - �_. � -r Kiek+ I'- I ,r \\•. n__,,_— ti _� _ — , as-z0-' - K Imria'o Pt- " A-la ; `—I.. .N `,� \�>/ -i -- -. .— --_i 'A•la Y4aA1aA-la _A��a� 1.-.... ,.'N [ -.'1'"J--- A-5a A, .. 670 1.060 2.0E7 2.720 3.a) 5E0 340 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 SINGLE-FAMILY RESIDENTIAL (RS-20) AT KALAOA 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII Date:June 1,2004 TMK: 7-3-011:068 EXHIBIT"A" (Lilian E.Mahi:1137) . 1 • - .r,'c I Exhibit- R. OFFICE OF THE COUNTY CLERK County of Hawaii _Kona ,Hawaii ., UE:,] r-., -``r' 11 1 (Draft 3) I Introduced By: Leningrad Elarionoff ROLL'CALL VOTE ir,( Date introduced: November 10, 2004 AYES.• NOES ABS EX-_ First Reading: November 10, 2004 Arakaki X Published: November 21, 2004 Chung X —i Elarionoff X REMARKS: Holschuh X - Jacobson X Reynolds x d , Safarik X --- - Tulang X Tyler X _ I 5 1 3 1 0 i Second Reading: November 24, 2004 Draft 4) To Mayor: November 29, 2004 ROLL CALL VOTE _ Returned: December 9, 2004 AYES NOES ABS _EX Effective: December 8. 2004 Arakaki X — Published: December__15, 2Q04 - Chung X _ Elarionoff X REMARK : Holschuh X Jacobson X _ Reynolds X _ Safarik X• .. --- Tulang X Tyler X 7 1 1 0 • I UO HEREBY('ERTIPY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO °44 1 ,� r FORM AND L AL : .':' ,111, l —^,/ 1 CINCH.CHAIRMAN J DE TY CORPORATION COUNSEL Y, i•, COUNTY OF HAWAII -� /17-'OL9.NTY CLERK 1/ r" Date -. .L(..,q ,,�t ..c J' — BillNo.: _ 343 (Draft 4) .')isu>>rnved This dm' Reference: C 7 8$ .3I FC 115 .•L�pru d l /L �i --• of Tiarbbarr 20 04 Ord: 04_149 l6„..,......._ AFOR. co INT OF H4W4II 1/an ur'i(Murry is an Equal Oppormnny Provider and Employk•r• � v v . a ti �t� 'owQti'pi NAIfAGAwI�I DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'i Na00,tps'. - 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 951.8657 June 14,2005 TO: Mr. Christopher J.Yuen,Planning Director Planning Department FROM: Milton D. Pavao, Manager SIMBKO': SUBDIVI,SION APPLICATION NO.2005-0056 API'LICANi'—LILLIAN MAUI,E:i'AL. TAX MAP KEY 7-3-011:068 We have reviewed the subject application for the proposed subdivision. Water can be made available from an existing 8-inch waterline along Mahilani Drive fronting the ptoperty in accordance with the Department's existing water availability conditions,which are subject to change without notice. Pursuant to Rule 5 of the Department's Rules and Regulations,a copy of which is being forwarded to the applicant,a water commitment may be issued. Rased on the I additional lot requested in the proposed 3-lot development,the required water commitment deposit is$150.00. Remittance by the applicant of the$150M() is requested as soon as possible so that a water commitment may be formally issued The commitment will he in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be constiued as a watci commitment. In other words,unless a water commitment is Ulticially effected, ivatei availability is subject to change without notice,depending on the watci situation Vol the applicant's inf'otmation,final subdivision approval will he subject to compliance with the following requirements: Construct necessary water system improvements,which shall include, but not be limited to, the installation of a service lateral that will accommodate a 5/8-inch sized meter to Lot B-2,and 2 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 r � tet' l�rcrac�J ��,•n r�'JJ... The Department of Water Supply is an Equal Opportunity provider and employer To file.i complaint of discrimination,wore USDA,Director.Office of Civil Rights.Room 326 W Whitten Building,14th and Independence Avenue,SW,Washington DC 20250 9410 Or call t20?)720.5064(voice and TDDI h frob Mr. Christopher J.Yuen, Planning Director Page 2 June 14,2005 3. Submit construction plans and design calculations prepared by a professional engineer, architect,or land surveyor,registered in the State of Hawaii,for review and approval. 4. Remit the prevailing facilities charge, which is subject to change,of$5,500.00,as shown. below: Facilities Charge(PC): 2 existing services 1 additional unit at$5,500.00/unit $ 5,500.00 Total FC $5,500.00 This is due and payable iiPon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. 5 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 Hawaii prior to final subdivision appioval.being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the c:onveyancc 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. Should there be any questions;please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070,extension 254. Sincerely yours, f Mil n D Pavao, P.E. 1- Ma ag r WA:dfg • copy- (w/alt.)Ms. Lillian Mahi • (w/o att,)Wes Thomas Associates (W/o att)DWS Customer Service Section(Hilo) h Aot C William P.Kenii " �• �" LZt! flc]t" nllt111 Major g}- Dir ctc� t Bobby Command t ti4 r Activity D,recto, ry oe � West("swat i Olben east Howe t Office 74-5044 Anc Keehokalete ftwy • • 101 Pauahi Streei,Suitt 3 Kahan-Kona Hawn'i 96740 County of' awai hitt Hawaii 96724 Phone(808)323-47;0 none(a08)95t 8288 Fax(808)327.3563 PLANNING DEPARTMENT Fax(808)961 8742 March 30,2015 Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates 75-5749 Kalawa Street,Suite 201 Kailua-Kona,HI 96740-1818 Dear Ms.Yamasaki: EIGHTH TIME EXTENSION GRANTED SUBDIVIDERS: HEIRS OF LILLIAN MAHI Proposed Subdivision of Lot B, Being a Portion of Grant 3027, Into Lots B-1,B-2&B-3, Kalaoa 1st&2nd,North Kona,Island of Hawai'i,Hawaii TMK: 7-3-011:068 (SUB-05-000056) This is in response to your letter of July 18,2014. Please be informed that an eighth extension of time of one(1)year until September 19,2015,for the completion of subdivision improvements,pursuant to Condition No 7 of the letter of Tentative Approval dated September 19,2005,is hereby granted. Please be advised that Ordinance No.92-138,adopted by the County Council on December 4, 1992, amended Chapter 23 of the Hawaii County Subdivision Control Code,reads in part,as follows: "Thesubdivider shall complete all requirements specified as conditions for approval of the preliminary plat(tentative approval)within three years of said approval. An extension of not more than two(2)years may be granted by the director upon timely written request by the subdivider." The ordinance also makes provisions for those pending subdivision applications which were granted tentative approval prior to the adoption of said ordinance,as follows: "This subsection shall be applied to all subdivision applications which have received tentative subdivision approval and which have not completed subdivision improvements,provided the three year period,and extension,if applicable,shall be taken from December 4, 1992 and not from the date of preliminary plat(tentative)approval." tu+ thpi ne r o c.,LE})st !{uuur i r',,,,,,;t,;un Artini!Op,o'',i ; PI01( -r erd 1':<,r�rfvtur planntn lrr l g-�1i:s t 11-;�e• . 11*- 4.37 21'7'' ñ 1 Mg Xhilo Chrystal Thomas Yamasaki,LPLS Wes Thomas Associates Page 2 March 30,2015 Therefore,all conditions of the Tentative Approval dated September 19,2005,must be complied with by September 19,2015, Should the conditions of tentative approval not be completed within the time limit,the approval of the preliminary plat shall expire and shall be of no further force or effect,or shall be subject to the technical review of the applicable agencies for compliance with current code and rule requirements. Should you have any questions,please feel free to contact Jonathan Holmes of this department. Sincerely, DUANE KANUHA Planning Director JRH:Inm 11COH341anna!glpubliciAdmin Permits Qivu-is,1ksubdivis,oni2Q;5LD15-11SU6-05.000056He:R1;}IiarNah,Graated8thTE 03-30-15 doc xe: Manager,DWS whetter 07118/14 Director,DPW Metter 07/18114 District Environmental Health Program Chief,DOH whetter 07/18/14 District Engineer,DOT whetter 07/18/14 Planning Department-Kona w/letter 07/18/14 Heirs of Lillian Mahi c/o Deborah McRae Bruce E.Witcher,PE,Witcher Engineering,LLP Wetter 07/18/14 REZ 1059:SLU 1256 44 N. }tarry Kitt E1x. ciI1I-t ;ffGlr.tct re' U Moto; �° (Mr FYi# .A ; !v x Royakelmtt7 s�;+r'f"rC` April S rrrcnant tlft,Frt,p tnk j.)ir,,,,r -• - n , i);rt flp 3�3f IIY Mt`�i¢' i 't�3i).7f n t rledalsldtt s' t { ger r asrs K slit t Kona,11, t is '.)07411Coon.t ofHawaii Sfi s lia ai t res tN i ?li ssll4+,l S,. ?I) i'ti r_,SOH '16 f AIM i:;t‘(ii(1.S1 1, -;1561 PLANNING DEPARTMENT 1.7-1'1 September 16,2020 Ernest Davis&Elizabeth Eileen Young 73-1236 Mahilani Drive7�}/4 F ailua-K ona, HI 96740-9452 Dear Mr.&Ms:Young: SUBDIVISION UPDATE SUBDIVIDER: HEIRS OF LILLIAN IMIAHI NEW OWNERS/SUBDIVIDERS: YOUNG,Ernest Davis&Elizabeth Eileen Proposed Subdivision of Lot B, Being a Portion of Grant 3027, Into Lots 8-1,13-2&B-3, I{alaaa]s4&2nd,North Kona,Island of Hawaii,Hawaii TMK 7-3-011:068 (SUB-05-0000561 Please be advised that you have come forward as the new owners of the subject property and have requested that we continue processing this application. The Change of Zone Ordinance affecting this property has time constraints which have I• been seriously neglected. As such,in order to further process the requested extension to { subdivision process,you must first address the following. With any allowed administrative time extension,Ordinance No.04 149 (REZ 1059, REZ- 0.4-000012)has expired on December 8,2014. Therefore,in order to process an additional extension of time to comply with Condition C(final subdivision approval),submit your request and reasons,along with 20 copies of that request,which shall be forwarded to the Planning Commission,with a$250 filing fee. A.public hearing will be held by the Planning Commission,who will forward their recommendation to the County Council. For assistance with the time extension request,contact Jeff Darrow of the Planning Division of this department at cv;v-w 0nnin;ll su,e_ti)yhtygcv IIa't i`r(_ilresrrls ieti&Ma1Opp.,,tyrirt f'.rins,(,,rind Enfplarer iii tan)n4,(i:"•ll tugiicniity:h+!s• Ernest Davis&Elizabeth Eileen Young � 'L, i 4 ,; September 16,2020 E -tr Page 2 Please be advised that in accordance with Section 23-62(d),Chapter 23,Subdivision Control Code, by a copy of this letter, we will have the applicable agencies review the subject subdivision.and provide written comments related to compliance with current code and rule requirements for our reference/use should this action go forward,and a Revised/Amended TA be issued if required. Should you have any questions, please feel free to contact Hans Santiago at 1{ans. antiagoPhawliicotmty,gov or Jonathan Holmes at Jath n�_hQJmesPit. wai'c _r 4y.gov: Sincerely, 1 -(fit • ' lvIICHA.EL YEE Planning Director JRH:tb \\coh33\planning\public\Admin Permits Division\Subdivision\2020\2020.3\SUB-Os-000056Youngt{eirsLillianhlafii Update 99-16- 20.doce xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer,DOT Planning Department-Kona Chrystal Thomas Yamasaki, LPLS,Wes Thomas Associates Bruce.E.Witcher,PE,Witcher Engineering,LLP REZ 1059 (REZ-04-000012, Ord.04 149);SLU 1256(SLU-04-000007, Ord.04 148) COI,jN INT)"OF a-j:,y\i\f I "moi h6ors Within 300 Et." fExhi6it f Parcel Results 37 Results Parcel ID 4 Owner 4 PropertyAddress 4 730020080000 PCHURCH OFJESUS CHRIST LDS 730020100000 PWILTON,WILLIAMHTR 73-4189 HAWAII BELT ROAD 730020110000 P ROMAN CATHOLIC CHURCH 73-4179 HAWAII BELT ROAD 730020310000 P NAHUINA,GEORGE DAVID 73-1206 KAU ILAN IAKEA DRIVE NAHUINA,MINDY AULII 730030150000 PMOKIAOTEDL/WINIFRED NTR 73-4175 HAWAII BELT ROAD 730030260000 P GARANA,BUENO BITANGA 73-4165 HAWAII BELT ROAD GARANA,JULIANASIMON 730030270000 PSTATEOFHAWAII 730110180000 PANTHONY,LINDALEE 73-4210 ELUNA STREET 730110190000 PSAWADA,HAROLD T/FUSAE TR 73-4204 ELUNA STREET 730110200000 PTANAKA,JOHN C M 73-4202 ELUNA STREET TANAKA,MASAKO N GEN TR FBO JOHN TANAKA TANAKAMASAKO N GEN TR FBO DAVID TANAKA 730110210000 zPESTRELLARAYCHARLES 73-4200ELUNASTREET ESTRELLAJULIANAALOHEM L 730110220000 PZWICK,WILLIAMR 73-4196 ELUNA STREET BREWERVALERIE L 730110230000 P COSMA,ANTHONY B 73-4194 ELUNA STREET 730110240000 ;, MILLSJOHN SR(DECD) 73-4192 ELUNA STREET 730110250000 P GALT,ERNEST TR 73-4188 ELUNA STREET 730110260000 PPTEVESTERRILYNN M H 73-1222MAHILANI DRIVE • 730110390000 PSEKIOKAPETERTOSHIO 73-4178 ELUNA PLACE MATSUYAMA-SEKIOKA,STACY M IE 730110430000 PPCN INC 73-4167 HANA PLACE 730110460000 PBERGBAUER,JEFFREY 73-4177 ELUNA PLACE KLOSTER,ZACHARY BERGBAUER,CATHERINE 730110470000 P BAGGS,FLYNN E 73-4179 ELUNA PLACE 730110480000 PBAKEWELL,KRISTEENK 73-1229MAHI LAN IDRIVE COBB,JOHN D . 730110490000 P KAIKAKA,ROBERT K TR 73-1232 MAH I LAN I DRIVE 730110500000 P SHIM IZU,AKIO TRUST 73-4187 ELUNA STREET SHIM IZU,JOAN TRUST 730110510000 FSMITH,JUSTINPAUL 73-4189 ELUNA STREET SM ITH,N I COLE JANI NE SANDERLIN 730110520000 P FOUTS,BENJAMIN C 73-4193 ELUNA STREET FOUTSALEXANDRIA 730110530000 R SA LC I DO,JOH N B TRST 73-4195 ELUNA STREET 730110540000 PHASSFURTHER,KURTTHOMAS 73.4199ELUNASTREET HASSFURTHER,KANYARAD 730110550000 P LESTE,ELAIN E ANN TR 73-4201 ELUNA STREET LIPSCOBVERNON ETR . 730110560000 P KALOKO CONG OF JEHOVAH'S WITNESSES 73-4202 HAWAII BELT ROAD 730110570000 PJONES,CHERYLRENEE 73-4205 ELUNA STREET 730110580000 A MC CLURE,KEVIN J 73-4207 ELUNA STREET MC CLURE,SALLY M 730110590000 PMEDINAGARYS 73-4209 ELUNA STREET • MEDINAEVALANI K 730110600000 P MCKEE,STEVEN R 73-4211 ELUNA STREET STINNETTE-MCKEE,SHARON LOU MACK,MICHELLE MARIE 730110680000 P YOUNG,ERNEST DAVIS 73-1236 MAHILANI DRIVE YOUNG,ELIZABETH EILEEN 730110690000 JOLEWAN,2002TR 73.4163HANAPLACE 730110700000 PO RIGG,OSCAR WILLIAM 73-4159 HANA PLACE MALAPIT,SARAH KEALA 730110710000 PSHANNON,CATHERINEVERONICA 73-4155 HANA PLACE : . .. .____., , , Location Najp Twure 1 ._, ,, , ,! . , , / . , ...,..„,.. .:._. —7-1 1 j . 1 1.' _ , , ) .. • 1: .. >,,,,:-.-----r.„_!_ ./ i , Prolacz 1 ______ .1':', _/‘111. —..: :71; * : ., '..,,, 11.'!:-: / II' .a,,,iali ls.,1andi:::_i Cf • 2(/ .1-7' '' i 1 :'''.• : • -t. ;\ ,.....1., Arta , ',. .k...,-_-_;„ I , ,• , ',.,---- '-.. • .;,,-' i , - .1 ' - . - .' - ' ' K i.--,,, 1 ..,. .. 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KORA HIGHLANDS,SEC.'A"144440.4-141,41.414.. , N.NON.NAWAN F R Ge [68......6.46e.... .!n .!1 SUBJECT TO CHANCE • Aziescamsagneamatiamemactzssinzaccarisswgra 13.3..1 OOZ = HON! :37VOS �.l AU 1/111 IOIA plivi • T ; 41, 1 r • • CI rj 'VS V O V aim� �% X - 3OV7d t'vn73 v. • s = i _P 1 > " 73 d 1 1 (3S ((5) 'ON 'd 17:x) CvOd 1738 11VMdH 01017!110y n --- Ea i iU W2 s ✓ .1". '' '- Ht'r.T.f..... lk...." . ------- -._.„:.....,.... i1 1 HAWAII ! BELT R 0 A 0 i 1, I 1• .A P.F-Is :.4 10 I t I t,4,1aAV-''OPP 1 X:',W. i...-::,`"'• i. -.-1--r-1--7-)g ___ _ t..4 li' .,....,. =,.. flL,1 , i S — xe, ... !. . . .) .e..' t ''''' "'r:—- 1 '• ,,,--!,:M,',...1Z" -. 1 ,---, / , -,- I , -41CALACIA/-/...f-1 AND T2NP,,,,, 77,-r l.it AO I ,Pn.n.lar ,.• •'', f4'..=,.....,......ri : :"• i,. ":„,-//N. '..."-- '-'-.-.1._./ I /--7--T-\ ./..-..! -I- --, -,.. ". .1 7-4. P. , .( ( .-( -i-1-2-'*•.7,--.1....,,•-,'''',-../-..-4).-----; fr :.evAraVe..•..01.1 Via 11 A VCI,:;,=,,,,, ,...,•:rs MS Eil...E. r , td"h4 ...• i X A L A C., A I S I A N D I . . 2 N D i:..' ;' -.. I---.: Ce ; .”.. ...., , ...- I VICINITY MAP ',Ur:I otitOe.10a rm. 0 r.. i Z f ,, 31 LOT 9-2 li tore-3 . • tit; i LOT 1; 6-1 4 i,- 32,849 SC. FT. 1 • t I 11 t 20,587 SOFT t4 if g 7t16 SQ. FT. - • I . 1 -- . 1'11 ------ • -....'`.9 I • ; 1 1 1 .1? :;/.7:-.•-,/ 1 , k 4 ,,,, Oi 4.-,,, , :1////4,....‹,..'..:-..1: 1 ! *-- - N'-:-•r'IV.. P g :I'/',4 /,-//....//': :t.-././,/..•'',/ •-•z'.-,4: pi q ..?:17: :L._, ...-..,. . il — cz) , ,,.\,..., FI-,...-:-.:,-, ,,,,, ... ,. _:_. ,_ ..i.: : '. ---------.1.,../ I . . .... , 1\1. .'1?" '''----., ', •.'.N="t II i . ,• ) . ''' l. I .., 1 I .• . ,,,'I PRELIMINARY MAP SHOWING i .-.. .-. I SUBDIVISION OF LOT B -... / 1 Being a Portion of N.t....1 i .,,,..,,,, g Grant .3027 to Heueu Ei 1 INTO LOTS 8-1, B-2 AND B-3 At Kalaoa 1st and 2nd, North Kona, Island and County of Hawaii. ILN.....z.., State of Hawaii 'el..* i•. Ell . ' :71.T,y,..f.....rt .'. 'ti.*;;;T;.::',74t;71,G•1747"'''''''''''"-."'''' 1,,,, ,...1,...Zn 4, 4.4:r...ke.,-Vm.dc.4,a.g.,4. ''t,t;'!....'•'4,..."''''''''''.r".-'''.''''''''''''". ..,...E r AL(011.17,..i WEO 7,10.146 AFGOCIAITO ,1.2i___,• ______., , tv:::: 110 ifr I r':.„r,''''.:',74-71.5.0 4:':::;•!.A;'::.,,...:.... 'IX AO,..,. ...-J-,r,2.64 OM"VAC.,:eik: • • Sc,TRUE NORTH L sc"E'r^+ol-ao rm HAWAII BELT ROAD 2D fEEr —.w,,,..., (F.A,P, F-10 (5)) T=R HAWAII BELT ROAD(FAP.NO.F-70(5)) ram+e.— ( 0 0 - F T . WIDE RIGHT - OF - W A r ) ,r" i - Pole Wer a 3/.au m Concrete(Peed) MIN x Dz.- =T T` brm5ssnd Riser Ub'ab e, Owlieod 0G m A • USN Pale I, .-~T G*';•••• /Uwd direr �Iniu fTYrvcoU r r-nN •• QUNq PLACE 4,222.48 Ft.South ! / enir n •.••. 8,794.93 Ft. West o-r-cav f E-T-cm• !4335®— I/2 men a,eenawn(Found) • I - _. ___— _—_33S1J'16" 249.82_lyw NO fyU __ ; @V .75339' 1�A A (�' A r 7 II J J5542''5r — 151.10 359'2875" 96.74 i kw 79.8! R ( 1 IOJ.54 ? d eTs➢•mon la nT1: 8I n .. 'J.. J --41 Yede) I'• 1 FL Fo�P/anb'ng Sween Purposes Access (Na SQ.F or as P>mmd) ? -i/I 545 50.fT. -K A ! A O A J 3 P! rJ I �N p Concrete �• VICINITY MAP Patton of Grant 3027 to Heves I I r SCALE: I INCH a 200 FEET Id a n 1f LOT 8-2 - LOT 8-3 Lor 8-1 32,849 SQ. FT______ 27,7os SQ. FT I " 20,587 SQ. FT sry zl : I' i o � -I g 31 I 1 ry it� �I -' i _ I 18lpF:SOOj41 iSEMFM'e) = y�I I`rora•r -R Wide)Z 14 111111 I Y'S 1 Access and U %rpes/2eA0650.FT. h� j•� F of Lacs B- d83) � _\ t 1 ` r04H 2( 5I ________________ ,`-� i' \ Congregation Jehovah Witnesses K07040 Con (Owner) `wea"�' ,` ''e� �-t= ��,` �, it j I (A-lo Zoning) 1/2� �r �� �rt SONNY VIEW ESTATES Tau,3 %' -''\_-_- &i's i�2" I For Access d Way Purposes ` 4,770 50.FT. o0 y ; ' Favor of Lai 8-2 eM 8-3) h MAP SHOWING g SUBDIVISION OF LOT B I F9f;56. --- . /,sqy /2pd PPewd, Being a Portion of '9e Grant 3027 to Heueu e has(5) v INTO LOTS B-1, B-2 AND B-3 Lot A Laura L Lamm.et al. (Owners) 11`75 - At Kalaoa 1st and 2nd, North Kona, • (A-7a Zoning) m Island and County of Hawaii, n aN Pye(9=0 - •3'09'30"4.29 State of Hawaii . - 1/2 aa,Pipe in Rosen:.(found) • NOTES: — I.Azimuths and coordinates are referred to Government Survey Triangulation Station 'MOANUTAHEA". 2 Names of owners of adjoining parcels are from ovai7ob/e Tax Map records, T.',In,A,y This map wee prepared a or Q1 nd der my direct supervision. LICEN$EO v,F features, shown hereon, were located by an actual survey - ❑ PROFESSIOtIP1 o3. n the ground done between March 1,2004 and December 2,2005. LAND 4.Subject Parcel is located in Zone X {z SURVEYOR s} cHRYocA. THOMAS YAM s� the 500-year flood lain as determined be outside No.4331 Licensed Professional Lone r yhryor yyplain) per F701 revised Rate Mop(F.LR.M.) y P' state of Hawaii Certificate Number LS-4771 Communitye Panel Number 155166 701 C,revised June 2 1995. _ 4w411 US 5.Gross Lot Area= 1.8629 Acres • Number of Lots=3 6.Zoning designation of Subject Parcel=R5-20. Prepared For: Prepared By: PROJECT NO.• 17339 20 l0 0 20 90 60 LILLIAN•NAF//.ET AL (OWNERS) WES THOMAS ASSOCIATES DATE MARCH 23, 2005 73-1276 Nahi7ani Drive -Land Surveyors-- Kailoa-Nana,Hawaii'96740 . - FIELD BOOK NO.:--1182 AND 1217 75-5749 Ko/awo Street SCALE IN FEET- Kailao-Kana Howell 96740-1577 TAX MAP KEY' 7-3-011: 068 (3RD DIVISION) TEL(808)729-2757 REVISED:OCTOBER 5, 2005 (FINAL PLAT MAP) FAX(808)329-5334 EMAIL surreys0Wtahawarr.corn REVISED:OCTOBER 29, 2007 (ADDED EASEMENTS) October 29.2007 Q\I7000-17499\17119\1733941-rl.dgn -•4oJNtY OF •411 � . • Mitchell D.Roth % +C�F��(L'�\'i :«iSteven Ikail:a Rodenhurst,P.E. Mayor . • Director • • ,Tt.................. �•HAS Lee E. Lord l%rra irrc Director CiAluitt of Tfintuai DEPARTMENT OF PUBLIC WORKS CO. . DEP n-C: 8,02 V _ Aupuni Center 101 Pattahi Street,Suite 7•1lilo.Hawaii 96720-4224 (808)961-8321 •Fax(808)961-8630 • public_works(ahawaiicounty.gov MEMORANDUM • Date: December 23, 2020 • To: Zendo Kern, Planning Director From: Department of Public Works, Engineering Division 4111 Subject: Amendment to Change of Zone Ordinance No. 04 149 (REZ 1059) Applicant: Ernest Young & Elizabeth Young Request: Amendment for a Time Extension to Comply with Condition C (Time to Secure Final Subdivision Approval) Tax Map Key: 7-3-011:068 We have reviewed the subject application and our comments are as follows: 1. DPW has no objection to the applicant's request for a time extension. 2. The subdivision construction plan approval has expired. Applicant shall resubmit subdivision construction plans to DPW for review and approval. 3. Note that Hawaii Belt Road/Mamalahoa Highway fronting this parcel is a State Right-of- Way, thus any access requirements off this road is subject to the State Department of Transportation's review and approval. Should there be any questions concerning this matter, please feel free to our Kona Engineering Division office at 323-4850. NW Copy: ENG-HILO/KONA r'ianning Dept. • Exhibit 2 138796 County of Hawaii is an Equal Opportunity Provider and Employer. 4R_ ,vtivrira SQA er 1. ,ial s *a '' DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI I $`mow _.. 345 KEKUANAO`A STREET,SUITE 20 • HILO, HAWAII 96720 �xxAais. TELEPHONE (808)961-8050 • FAX(808)961-8657 February 3, 2021 CON PLANNING DEF REC'IFfiHel9k2L31a2FiE Ms. Elizabeth E. Young Mr. Ernest D. Young Jr. 75-5737 Lamaokeola Street Kailua-Kona, HI 96740 Dear Mr. and Ms. Young: Subject: Water Commitment Deposit for Change of Zone Ordinance No. 04-149 (REZ 1059) Applicant—Ernest Young and Elizabeth Young Tax Map Key 7-3-011:068 (SUB 05-00056) This is to acknowledge receipt of the required $150.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing Receipt No. 4640619 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 400 gallons per day, or one(1) additional unit of water at an average of 400 gallons per day,per unit, is hereby granted until January 31, 2024, with the following conditions: 1. Construct necessary water system improvements. which shall include, but not be limited to: a. service laterals that will accommodate 5/8-inch-sized meters to each 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 construction plans and design calculations prepared by a professional engineer. registered in the State of Hawai`i, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): Two (2) units of water previously paid One(1) additional unit @$6,095.00/unit $6,095.00 Total FC $6,095.00 im(anning Dept. 3 . . . Water, Our!Most(Precious Resource. . . Ra Wai., bane. . . i 9 6 5 8 Exhibit ,,d, The Department of Water Supply is an Equal Opportunity provider and employer. ' Ms. Elizabeth E. Young Mr. Ernest D. Young, Jr. Page 2 February 3. 2021 WATER COMMITMENT DEPOSIT: One (1) additional unit r$150.00/unit $150.00 Total FC $5,945.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities charge requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents,properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawai`i prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, VtAklitAANA6 Keith K. Okamoto,P.E. Manager-Chief Engineer TS:dfg Enc. copy - Planning Department �it�fi�p3 DAVID Y.IGE ityrJ ELIZABETH A.CHAR,M.D. 3]t"RAS ROFIPTh. - , /_ CIP$L.T ROF-IEALTt{ STATE OF HAWAII DEPARTMENT OF HEALTH In reply,please refertn P.O.BOX 916 HILO,HI 96721.0916 MEMORANDUM ; ..r. 3j :2-”7-1 DATE: January 13, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda f1"4 District Environmental. Health Program Chief SUBJECT: Amendment to Change of Zone Ordinance No. 04-149 (REZ 1059) Applicant: Ernest Young & Elizabeth Young Request: Amendment for a Time Extension to Comply with Condition C (Time to Secure Final Subdivision Approval) TMK: 7-3-011:068 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a"public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20(HAR 11- 20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment,per HAR 11-20-29.5, titled"Capacity Demonstration and Evaluation." This requirement involves demonstration thathe system will have satisfactory Planning wept. Exhibit_ 1 . 3 9 2 3 7 tir) • • Zendo Kern January 13, 2021 Page 2 of 6 technical, managerial and financial capacity to enable the system to comply with safe drinking water standards and requirements. Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires that all new public water system sources be approved by the Director of Health (Director) prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements specified in HAR 11-20-29. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii, must be submitted as part of the report to demonstrate' compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. All sources of public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source • water protection plan for that source and activities which will take place to protect the Source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HA.R 11-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage;and distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Water or Water Supply has been delegated to them. All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public Water System Operators". All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potablesystem. The two (2)systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. • All projects which propose the establishment of a potentially contaminating activity (as' identified in the Hawaii Source Water Assessment Plan) within the source water protection area Zendo Kern January 13, 2021 Page 3 of 6 of an existing source of water for a public water supply should.address this potential and activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. For further information concerning the application of capacity, new source approval, operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The Department of Health(DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on January 5, 2021. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance Any,project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: - Requires a federal permit, license,certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term"discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army(DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: hin)ti:/el:i -Flit .1,ci ll,1i;tw 7ii,iz ie°ermi'' • Zendo Kern January 13, 2021 Page 4 of 6 Please see HAR, chapter 1 1-54 for the State' Water Quality Standards and for P Q � more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at ; ; ! • National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition,uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). • • -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. • -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to,cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. • An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Perrnitting Portal website located at: it: p› ll 1 30 4 A Notice of Intent (NOt) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: t;, /" alth ;,_'. i v,E, imb • According to State law, all discharges related to the project construction or Zendo Kern January 13, 2021 Page 5 of 6 operation activities, whether or not NPDES permit coverage and/or Section 401 • WQC are required, must comply with the State's Water Quality Standards. Monitoring • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 11-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: y, r,;w ,+ .:! '.... dt Vit'; Hitt, dr Il_: g tf€l chi. If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at (808) 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noiseP ermit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the StandardtiComments on our website: I:ttp:'/ha t 1L llkh IIyironmental/en t 41Ei;ntfandtrL.h€nil. Any comments specifically applicable to this project should be adhered to. T_ Zendo Kern January 13, 2021 Page 6 of 6 The same website also features a Healthy Community Design Smart Growth Checklist; (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopment~ projects. We also ask you to share this list with others to increase community awareness on healthy community design. • SUZANNE D.CAS/ J') Olr{}��•• CHAIRPERSONDAVID Y.IGE HOARD IPI,CAM ANI1N.V7MN.RISOURCES GOVERNOR OF HAWAII [GM ESISSEHN ON%AIF:R REN Rll'1:MANAGEMENT ROBERT K.MASH D.4 PAMELY v Ind mid i t 7 • dt" !_ • • �t'l,4 a F_ 1 A1.KALEO S1ANl:EL UIdd('11*•WATER MIMIC RESOURCES; 41 '�►` ,'tom. -.+ IcOAl1NG ANDOCE'AN kECREANON ro ,,'•s'.•� ItlikE.1110ECONVENANVES "� CGM MISNQN ON WATER RESOURCE M ANAL;EMlvl' l'INSERVAIMN ANDETEASI'AL STATE OF HAWAII Y)h kYA17I7NAM]k1:4AR[[:Ill•NIOW'I:MINI' 17J004:F.NAe; Sf4te of kial0 DEPARTMENT OF LAND AND NATURAL RESOURCES 1%mimic)k1 BYMl1 WI171I.PRESERVATION KNNXII AWE LSl AND kFlEkLT f'[A.SMLSSk1N LAND STATE HISTORIC PRESERVATION DIVISION ?UAW PARKS KAKUHIHEWA BUILDING CDN PLANNING DE1 601 KAMOKI A HAWAII 96707 STE 55 FEB 16 2421 Pit'l3•KAPOLEI, February 9,2021 REV'D BY EIRP IN REPLY REFER TO: Zendo Kern,Director Project No. 2021PR00037 ' County of Hawaii,Planning Department Doc.No.2102SN06 101 Pauahi Street,Suite 3 Archaeology Hilo,HI 96720 planning(hawai icounty.gov Dear Mr.Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Change of Zone Ordinance No.04 149 Application for a Time Extension to Condition C (Securing Final Subdivision Approval) for Ernest and Elizabeth Young(Landowners) Kalaoa 1-5 Ahupua`a,North Kona District,Island of liawai`i TMK:(3)7-3-011:068 This letter provides the State Historic Preservation Division's(SHPD's) review of a request for a time extension in a County of Hawaii change of zone ordinance (No. 04 149) application received by our office on January 12, 2021. The submittal included a request for the extension,previous County of Hawaii approvals for extensions,a site map, and a preliminary subdivision plat map.The project area consists of the entire 1.8628-acre parcel. Project Description The applicants,Ernest and Elizabeth Young(landowners),are requesting an extension of the referenced condition C of the Change of Ordinance to complete the requirements for, and to obtain, Final Subdivision approval for the proposed project area. The current parcel was rezoned in 2004 (by the previous owner Lilian Mahi) from Agriculture-5 Acres (A-5a) to Single Family Residential 20,000 Square Feet (RS-20) with the specific goal of subdividing the property into three (3) lots. Tentative subdivision approval for the planned 3-lot subdivision was granted by the County of Hawaii Planning Department on September 19, 2005. The previous owner(Lillian Mahi) was not able to complete the change of zoning and final subdivision approvals. The current landowners are requesting a time extension of 5 years in order to complete the requirements in the ordinance. Findings Our records indicate that this project area was subject to a field inspection conducted by Rechtman Consulting,Inc. (2004). In a letter dated June 29, 2004 (Log No. 2004.2006, Doc. No. 0406MM26), SHPD indicated that the field inspection report provided information regarding the presence of historic properties on an adjacent parcel (Parcel 056), however, the current subject parcel (Parcel 068) had been extensively graded and multiple residential structures were present at the time.No historic properties were identified on the current parcel. Historic and current aerial maps confirm that the subject parcel has been previously impacted by the previous development The SHPD has no new information or records of any known significant historic properties within the proposed project area. Determination Based on the information provided above, the SHPD has no objections to the proposed time extension for the County of Hawaii change of zone ordinance(Condition C)for final subdivision approval. Please contact Sean Naleimaile at(808)933-7651 or at lean.p.naleimaile(e4hawaii.gov for any questions or concerns regarding this letter. Planning Dept. Exhibit__5`__�_ 1 39867 Mr.Kern February 9,2021 Page 2 Aloha, Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc; County of Hawaii Planning Department,planningahawaiicounty.gov Jessica Andrews,Jessica.Andrewsi'ct•hawaiicounty.gov RYoungREZAmend.tic.3.42021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ERNEST AND ELIZABETH YOUNG AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04 149 (REZ 1059) Upon careful review of the request to amend Condition C of Ordinance No. 04 149, the Planning Director is recommending that a favorable recommendation be forwarded to the Hawaii County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: The applicants, Ernest and Elizabeth Young,have submitted an application for an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 04-149, which rezoned 1.8628 acres of land from Agricultural-5 Acres (A-5a) to Single Family Residential-20,000 Square Feet(RS-20) zoning district. The previous applicant never requested an administrative time extension for the subject Ordinance,therefore the deadline to comply with this condition and complete the proposed subdivision would have been December 8, 2009. Based on the preceding, the applicants are now requesting a 5-year time extension to complete the proposed subdivision. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. The previous landowner, Lillian Mahi received approval for a State Land Use Boundary Amendment and Change of Zone for the subject parcel in 2004. At the time the applicant proposed to subdivide the subject parcel into three (3) lots at least 20,000 square feet in size. Despite initiating the subdivision process in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision approval by the time she passed away in 2008. Ms. Mahi's children were similarly unable to complete the project and subsequently sold the property. The current applicants purchased the property in 2016 and have been diligently working -1- iil toward complying with conditions of the change of zone ordinance and tentative subdivision approval. During this process, the applicants were made awarethat they were out of compliance with timed conditions of approval. To rectify this oversight, the applicants are requesting a five (5) year time extension to complete the subdivision. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting Change of Zone Ordinance No. 04 149 have not changed. The current landowner intends to develop the property in the same manner as in 2004 when the original zoning was granted, by creating a 3-lot subdivision consistent with the RS-20 zoning district. The site is served by appropriate infrastructure such as water, wastewater, roadway access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, the Kona Community Development Plan (KCDP) was adopted in 2008. The KCDP designates the property to be within the "Kona Urban Area" and the current zoning (RS-20) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG)map Low Density Urban designation, which allows for a"residential, with ancillary community and public uses, neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre." Additionally, the zoning is consistent with the following goals, policies, and actions of the General Plan: LAND USE ELEMENT • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. ■ Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilitues and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning request shall be reviewed with respect to General Plan designation, district -2- goals,regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilitues, access and public need. HOUSING ELEMENT ■ Attain safe, sanitary, and livable housing for the residents of County of Hawai`i. ■ Maintain a housing supply which allows a variety of choice. ■ Seek sufficientroduction of new addorable rental and fee-simple housingin the p p County in a variety of sizes to satisfactorily accomodate the needs and desires of , families and inidividuals. The subject, 1.8628-acre property is situated at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway and is currently improved with a 1,712 square foot single-family dwelling, as well as a storage building and two small sheds. The RS-20 zoning and proposed subdivision is consistent with other single family residential subdivisions located in the surrounding area. These subdivisions are situated mainly within the State Land Use Urban District and are primarily zoned Agricultural (A- 5a) by the County. However these subdivisions are non-conforming residential sized lots ranging between 8,000 to 20,000 square feet. The subject parcel currently has two driveway accesses, one from Mahilani Drive and another from the Mamalahoa Highway which is a State owned and maintained highway. Conditions of the Ordinance memorialize access location requirements for the proposed lots. As Mamalahoa Highway is a State-owned and maintained roadway, the applicant will be required to secure approval from the State Department of Transportation for any driveway connections. The preceding has been added as a condition of approval. While the applicant anticipates a small increase in traffic from the project, it should not have a significant impact on existing State and County roads. The property is currently served with two (2)units of water and the applicant_has paid the water commitment fee for one(1) additional unit of water through January 31, 2024 and is subject to renewal. Based on the preceding, the Director is recommending amending Condition B to require the applicant to maintain valid water commitments until the required water facility charges are paid in full. -3- The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard and the applicant will be required to ensure that all development-related runoff be disposed of on site and not be directed toward any adjacent properties. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relatingto Coastal Zone Management. The project site located more than 5.3 miles g from the nearest shoreline and is situated outside of the SMA. There is no record of any designated public access to the shoreline or mountain areas that traverses the site. There is no evidence that valued cultural, historical or natural resources exist on the property, and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Furthermore, a professional flora/fauna study was submitted in 2004, which concluded that, "no rare, threatened, or endangered species as listed by the U.S. Fish and Wildlife Service were observed on or near the property, as the property was already graded and developed for residential use." Based on the preceding, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No 04 149. In addition, the Planning Director recommends that the existing conditions in the ordinance be -4- revised to reflect the current standard language for conditions of approval. The accompanying draft bill to amend Ordinance No. 04 149 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struct through; new material is underscored. -5- OF k COUNTY OF HAWAII I+ �' / •� STATE OF HAWAII . 7TE Gf•N�,d� . BILL NO. ORDINANCE NO. IANN IN CI VWT) AN ORDINANCE AMENDING ORDINANCE NO. 04 149 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—5 ACRES (A-5a)TO SINGLE FAMILY RESIDENTIAL-20,000 SQUARE FEET (RS-20) AT KALAOA 1ST AND 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-011:068. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No. 04 149 is amended as follows: SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 Edition, as amended), 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 stricken. New material is underscored. SECTION 3. Severability. If any provision of this ordinance, or the application thereof -1- to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CYoungREZAmend.tic.3.4.21 ERNEST & ELIZABETH YOUNG AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04149 (REZ 1059) AMENDED CONDITIONS OF APPROVAL A The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. [The required water commitment payment shall be submitted to the Department of ninety(90) days from the effective date of this ordinance.] The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. Final subdivision approval shall be secured within five (5)years from the effective date of this amended ordinance. D. Access to the proposed lots (B-1 and B-2) shall be from Mahilani Drive. Access to proposed lot B-3 shall be from an existing access on [Mamalahoa] Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works and the State Department of Transportation. E A 10-foot wide "no vehicular access planting screen" easement shall be delineated along all lots fronting [Mamalahoa] Mamalahoa Highway. F. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. G Drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. H Restrictive covenants in the deeds of all proposed residential lots shall prohibit the construction of a second dwelling unit and condominium property regimes and any further subdivision of each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the 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(s) 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. All earthwork and grading shall conform to Chapter 10, Erosion and [Sediment] Sedimentation Control of the Hawai`i County Code. J. A National Pollutant Discharge Elimination System (NPDES) permit and an Underground Injection Control (UIC)permit, if required, shall be secured from the State Department of Health before the commencement of construction activities. [J]K. [Should any undiscovered remains of historic sites, such as rock walls, terraces. platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of land and Natural Resources State . I '. . • ' , Subsequent work shall proceed upon an archaeological clearance from the DLNR SHPD when it finds that sufficient mitigation measures have been taken.] In the unlikely event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the State Historic Preservation Division at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [1(-]L. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads,park, fire,police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval [or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first]. The fair share contribution for each additional lot shall be based on [a this change of zone] the actual number of residential lots developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall have a [maximum] combined value of[$9,671.44] $15,030.92 per additional single family residential [unit] lot. [Based upon the applicant's representation of intent to develop a total of two (2) additional single family residential units, the indicated total of fair share contribution is $19,342.88 for the additional single family residential units. However, the total amount shall be calculation and payment provisions set forth in this Condition K.] The total amount shall be determined with the actual number of lots according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $[4,663.74]7,248.17 per single family residential [unit] lot [for an indicated total of$9,327.48] to the County to support park and recreational improvements and facilities; 2. $[224.98]349.65 per single family residential lot [for an indicated total of $449.96] to the County to support police facilities; 3. $[444.36]690.61 per single family residential [unit] lot [for an indicated total of$888 7�'7�] to the County to support fire facilities; • 4 $[194.55]302.36 per single family residential [unit] lot [for an indicated total of$389.10] to the County to support solid waste facilities; 5. $[4,143.81]6,440.12 per single family residential [unit] lot [for an indicated total of$8,287.62] to the [State] County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may construct such facilities related to park, fire,police and solid waste disposal facilities subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and the approval of the Hawai`i County Council. [L,]M. 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. [l ]N. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [N,]O. [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 applicants, 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. for the granting of the change of zone. one year may be extended for up to one additional year). 5:] If the applicants, successors, or assigns should require an additional extension of time, the Planning Director shall submit the applicants request to the County Council for appropriate action. [07]P. 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. 4 JJA-20a A-20a I A-20a t "a ', W :l; I '• t } / 1t I44 A-la Ala A-20a � t 1t /\ 1 ` 1 1 -- 1 II 1 t t, ', 1 1 I I ll j AGRIC LI AL(A-5a)TO t: j't1 ----- - - II -1 1. �'i°" �, --- SIN LE-FAM Y RE DENT-(AL(R>�-20) \"" '!, II t 1 1 t, I ' 8628 AC __ , tit`, { I 1 I 'I A-20a j /- --- - tt \\ A-20a 11 I — 1 I t, 11 II 11 — 1 1 A-20a '-------- 1 y' •1 1 A Ta LANU,AHEA 4.00 S ` A-20a A 3a oaN A-20a I . Maknalaho H r" " .:. -•I A 1a 'a I ;I A-fa 1 A 204 f I A-5a 11 i i p. J •A-204 A-20a i I \" c l ii A �. Mamala oa Hw . A�7► 11 j A-5a '� ager i i OgkUrou ,a , II /1 11 j•• to I A•5a ;;,, _ J A-5a ;,i -1 1 I I — '; I A I_a I I .e 4L A-5aTD N. r 7—I ? -— I 1 I I ----, I I¢ �a II I j A 5a 1.-L_ __ I I . 1.._ Y T ! , ern 1- 7 , ` i1. RS-7.5 II I I —,'• �, i f.,I1/- I -ar I •to .1 I RS-20. l - - i_II-- v 1 .1 1 , • _• ea I fl I_- .y--1 r' i - _; — —75 - I Kulanui Rd. , ► -�_ - I ' r — ', a _ _� QJ 1 I A-5a Lr- J.. 1 - • - m A-5a ', - A:55-i, ._i IL_ I I I lir - -- I---- --- I- 4— _ 1-L.I C� �._- - t-aI I ..... - I1• - ---1,--- —\ " - + 1. k ,,,,-,- .. -I-- -1 I `I A 5a `LA-5a' I KiekSe St. L _ FA•ia _� i/ \ ..71_ t__ _ \ __ -- I 1/4' - -- mLa•o PI.- A-la - " A % ,l" I p A Za A 1a .__•s q{5 -f----. _Ai 5aH — -kI: a=5__I ''A-ta 630 340 0 630 1,360 2.040 2,720 3,400 Feet 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 SINGLE-FAMILY RESIDENTIAL (RS-20) AT KALAOA 1st and 2nd, NORTH KONA, HAWAII PREPARED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 7-3-011:068 Date: June 1,2004 EXHIBIT "A" (Lilian E. Mahi:1137) CYoungREZAmendrevisedcond.doc 3.16.21 ERNEST AND ELIZABETH YOUNG AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 04149 (REZ 1059) REVISED BACKGROUND, RECOMMENDATION AND CONDITIONS OF APPROVAL When the property was originally rezoned in 2004, the Police Department (P.D. Exhibit la-June 8, 2004 memo)recommended restricting access onto Mamalahoa Highway and having access for the proposed subdivision from Mahilani Drive. Based on this the Planning Department and Planning Commission recommended a condition to this effect (P.D. Exhibit 2a- September 3, 2004 Planning Commission meeting transcript). The County Council changed Condition D in 2004 because there was an existing access point (driveway) that was permitted in 1979 by the Department of Transportation(DOT). However, at the time the access point was permitted the property was zoned Agricultural. It is likely that the County Council did not receive a copy of the DOT letter dated August 18, 2004 (P.D. Exhibit 3a-August 18,2004 memo)when they changed the condition to allow access onto the highway. The Council also likely did not realize the existing access point was permitted by DOT to support Agricultural zoning rather than Residential zone. (P.D. Exhibit 4a—October 19, 2004 Hawaii County Council Planning Committee Meeting Transcript). The DOT recently confirmed in an email (P.D. Exhibit 5a— March 15,2021 email) that they are requiring the existing access point onto the highway be removed. This existing access point currently provides access to an unpermitted structure. The State DOT has sole authority to issue driveway permits or limit access onto its roadways. The DOT's stated reasons for requiring removal of the existing access point is to ensure that there are limited ingress and egress access points to Mamalahoa Highway, which would allow the Highway to accommodate the travel demands of a minor arterial roadway that serves much of the North Kona District. Based on the preceding, the Director finds it prudent to revise Condition D of its favorable recommendation to restrict the access to the subject property from Mamalahoa Highway and require access to the three proposed lots to be served from Mahilani Drive. See amended condition language below. D. [• - - . --- - : . . : to proposed lot B 3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works.] Access to the proposed lots shall be from Mahilani Drive. Access shall meet the requirements of the Department of Public Works. The existing driveway onto Mamalahoa Highway shall be removed prior to issuance of Final Subdivision Approval. -2- • �ZY or Harry Kim / �� .......... Lawrence K.Mahuna Mayor I Police Chief a't.'o;.a41.-• Harry S.Kubojiri Deputy Police Chief County of Hawaii i;- • vi 'POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 June 8, 2004 TO : CHRI HER . Y EN,/P` DIRECTOR FROM : THOMAS J. HICK OX, ASSISTANT POLICE CHIEF, AREA II OPERATIONS SUBJECT : State Land Use Boundary Amendment Application (SLU 04-007) Request: Agricultural to Urban Change of Zone Application (REZ 04-012) Request: A-5a to RS-20 Applicant: Lillian Mahi TMK: 7-3-11:68 Staff has reviewed the above-referenced applications and have the following concerns: 1. The applicant is proposing to divide this property into three separate lots. Two of the lots are shown in the rezoning exhibit as having access via Mahilani Drive. The third lot is showing its access via Hawaii Belt Road. Staff recommends that all three lots have access via Mahilani Drive only. 2. Staff is also concerned that increased density along this corridor will further congest traffic on the Hawaii Belt Road and Palani Road; 3. Assess sufficient impact fees to address public safety. Should you have any questions, please contact Captain John Dawrs, our Kona District Commander, at Phone No. 326-4211. JD:dmv •"Hawai'i County is an Equal Opportunity Provider and Employer" 1 �c n in9 Dept. Exhibit 1a► REZ 04-011 The Commission took this up at 9:18 a.m. with PHIL KNIERIM approximately 18 people from the public in attendance. KALOKO, NORTH KONA APPLICANT: PHIL KNIERIM (REZ 04-011) Change of Zone from an Agricultural 20-acre (A-20a)to a Family Agricultural 3-acre (A-3a) district for approximately 20.477 acres of land. The property is located along the north side of Kaloko Drive at the northern corner of Kaloko Drive and Mahi Street, Kaloko Mauka Subdivision,Kaloko,North Kona,Hawaii, TMK: 7-3-25: 7. (SEE EXHIBIT B) SLU 04-007/REZ 04-012 The Commission took this item up at 9:32 a.m. with LILLIAN MAHI approximately 20 people from the public in attendance. KALAOA 1sT AND 2ND, NORTH KONA APPLICANT: LILLIAN MAHI(SLU 04-007/REZ 04-012) a. State Land Use Boundary Amendment from the Agricultural to the Urban District for approximately 1.8628 acres of land. b. Change of Zone from an Agricultural 5-acre (A-5a) to a Single Family Residential 20,000 square foot (RS-20) district for approximately 1.8628 acres of land. The property is located on the southwest corner of the Mahilani Drive—Mamalahoa Highway(Highway 190) intersection,Kalaoa 1st and 2nd,North Kona, Hawaii, TMK: 7-3-11:68. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director recommended approval of the application,with conditions to the change of zone application. He then corrected the record to state that the parcel involved in both applications is 1.8628 acres and not 1.9628 acres. Commissioner Springer noted the Police Department commented on the increase in density from the proposed project. Mr. Yuen said that there is insufficient land area for a fourth lot to be created being the area is zoned RS-20; and although the applicant could potentially have ohana homes constructed, a proposed condition distributed this morning would restrict another home on each of the lots. The applicant, Lillian Mahi, and her representatives, Michelle Castalon and Greg Mooers, were in attendance. Regarding the DOT's comments and for Commissioner Graham's information, Mr. Mooers said the lots on the makai side of the property is nonconforming as they were ; 2 panning Dept. Exhibit2A • t created prior to the 1967 Subdivision Code. He added that the proposed use is consistent with the urban nature of the surrounding area. Mrs. Mahi explained that when they constructed their home in the latter 1970s,they had to pay approximately$300 for a$300,000 bond for their driveway to connect to the State Highway, noting only the top portion was paved because of insufficient funds. She clarified that this driveway would be the access for the third lot and the other two lots would have access off Mahilani Drive. Mr. Mooers added they did not believe that Mrs. Mahi should have to relinquish the access point to the State Highway which is intended to serve only one of the three lots to be used by her son, as the State did approve this access. In response to Mr. Yuen's inquiries, Ms. Mahi clarified that Lot B-3, which has a storage shed on it, would have access off Mamalahoa Highway; and Lot B-2,which has the existing residence, and Lot B-3 will have access off Mahilani Drive. She admitted that the topography of the land does not make it difficult to make the driveway on Lot B-3 access onto Mahilani Drive. Mr. Yuen recommended that the Commission go along with his amended condition circulated this morning to have the access to the proposed lots be from Mahilani Drive. He said although the applicants have an access onto Mamalahoa Highway and the rezoning would not increase that access, the applicants are getting a substantial benefit by the rezoning to go from one to three lots, and it appears feasible to have the three lots come in at Mahilani Street. He added that, as a general rule, the Planning Department tries to restrict accesses whenever possible in rezonings inasmuch as traffic problems will be created when more and more people move into an area. Commissioner Springer questioned if it was a planning decision to limit the points of ingress and egress off State highways. Mr. Yuen said limiting access onto a State Highway is a recognized principle, as having a lot of multiple points of entry reduces both the capacity of the highway to carry a lot of traffic and also it is not safe. Commissioner Graham concurred with the Planning Director's amended condition to limit access to Mahilani Drive, referring to the Police Department's comments. Regarding an increase in density, Mr. Mooers noted that as Mrs. Mahi's daughter and her family live with her right now the density will not be increased with the proposed action. There was no one from the public wishing to testify on this matter. On SLU 04-007, it was moved by Commissioner Fujikawa and seconded by Commissioner Springer to send a favorable recommendation to the County Council as recommended by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Springer,Alameda, Graham,McCall, Smith, and Galdones) and two absent and excused(Siracusa and Thibadeau). 3 On REZ 04-012, it was moved by Commissioner Fujikawa and seconded by Commissioner Springer to send a favorable recommendation to the County Council as recommended by the Planning Director,with amendments. A roll call vote was taken and motion carried with seven ayes (Fujikawa, Springer, Alameda, Graham, McCall, Smith, and Galdones) and two absent and excused(Siracusa and Thibadeau). In response to Mr. Mooers' inquiry whether the applicant would have to obtain a permit to remove the existing driveway,Mr. Yuen said the applicant would have to take that matter up with the State Department of Transportation;but as far as the rezoning conditions,the Planning Depart lent would just require the applicant not use the Mamalahoa Highway as an access and to have the access blocked in some way, as opposed to physically removing the driveway. RECESSED The Chair called a short recess at 9:47 a.m. RECONVENED The meeting reconvened at 10:00 a.m. REZ 04-013 The Commission took this item up at 10:00 a.m. with MITSUGI KOMO approximately 18 people from the public in attendance. HONUAULA, NORTH KONA APPLICANT: MITSUGI KOMO (REZ 04-013) Change of Zone from an Agricultural 5-acre (A-5a)to a Family Agricultural 3-acre (FA-3a) district for approximately 6.069 acres of land. The property is located on the makai side of the Mamalahoa Highway, approximately two miles south of the junction of Mamalahoa Highway and Palani Road, Honuaula,North Kona, Hawaii, TMK: 7-5-24:25. Mr. Hayashi oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted Mr. Fuke in his August 7th letter corrected the staff's background report to that state there were two dwellings on the subject property. He then stated the Planning Director is recommending approval of the application, with the conditions previously circulated, and as amended as follows: Condition B amended to read, "The applicant shall submit the required water commitment payment to the Department of Water Supply in accordance with its Water Commitment Guidelines Policy within 980 days from the effective date of this change of zone." Condition H be amended to read, "All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties." 4 • LINDA LINGLE . o F ti4=_ RODNEY K.HARAGA GOVERNOR /c! ‘e pa �;, DIRECTOR :I , Deputy Directors d• �=r y • ;"'t BRUCE Y.MATSUI ,' .' 7 LINDEN H.JOESTING BRIAN H.SEKIGUCHI P•rc•: STATE OF HAWAII IjTrIEPL RE TO: DEPARTMENT OF TRANSPORTATION - L 869 PUNCHBOWL STREET STP 8.1251 HONOLULU, HAWAII 96813-5097 August 18, 2004 Mr. Christopher J. Yuen Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720-3043 Dear Mr. Yuen: Subject: Lillian Mahi State Land Use Boundary Amendment Application(SLU 04-007) and Change in Zone Application(REZ 04-012) TMK: 7-3-11:68 Thank you for your transmittal requesting our comments on the subject application. Our comments are as follows: 1. We will restrict direct access to Mamalahoa Highway. The existing driveway located in the southern portion of this lot should be removed. With this change,the subdivision map should reflect"No access allowed"along the highway frontage. 2. To allow access to the property,the applicant should be required to establish a new driveway from Mahilani Drive to serve all three proposed subdivision lots. 3. The applicant should also establish a 10-foot planting screen easement abutting Mamalahoa Highway along the mauka side of all proposed subdivision lots. 4. The applicant should submit easement and subdivision plans for review and approval by our Highways Division,Hawaii District Office. 5. Plans for construction work within/or adjoining the right-of-way of Mamalahoa Highway, including removal of the existing driveway,must be submitted for our review and approval. This shall include obtaining all appropriate permits from our Highways Division. Planning Dept. oss177. Exhibit 3°1 Mr. Christopher J. Yuen STP 8.1251 Page 2 August 18, 2004 6. The applicant should also comply with the National Pollutant Discharge Elimination System (NPDES)permit requirements for construction activity disturbing one(1) or more acres of total land area. This shall include obtaining an NPDES permit from the Department of Health or a negative letter of determination. We appreciate the opportunity to provide comments. Very truly yours, tw ROD K. • r GA Director of Transportation PC-35 October 19, 2004 for$350,000. I think all of us know that, and saying that this is actually going to be for forestry, I just believe this is a big dodge. This is not real. This is not forestry. Three-acre lots with a house on them in this area, I just don't see any public benefit. So thank you, Mr. Chairman. CHR. ELARIONOFF: There are no other lights. On the floor we have a motion to file Comm. 787 and approve Bill 341, as amended. All those in favor, say "Aye." The motion to close file on Communication 787 and recommend passage of Bill 341, as amended(to Draft 2), on first reading was carried by the following vote: In Favor: Committee Members Arakaki, Holschuh, Reynolds, Tulang,Tyler, and Chairman Elarionoff. Opposed: Committee Member Jacobson. Absent& Excused: Committee Members Chung and Safarik. Comm. 788: AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES (Bill 342) MAP, H-7 FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KALAOA 1ST AND 2ND, NORTH KONA, HAWAI`1, COVERED BY TAX MAP KEY 7-3-011:068 (Applicant: Lillian Mahi) (Area: Approximately 1.8628 acres); and (Bill 343) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI I COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET(RS-20)AT KALAOA 1ST AND 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-3-011:068. (Applicant: Lillian Mahi) (Area: Approximately 1.8628 acres) From Mayor Harry Kim, dated September 22, 2004, transmitting a letter and the above bills from Planning Commission Chair Fred Galdones. CHR. ELARIONOFF: Can I have a motion to file Comm. 788 and approve Bill 342? Mr. Tyler moved to close file on Comm. 788 and recommend passage of Bill 342 on first reading. Seconded by Dr. Holschuh. CHR. ELARIONOFF: Moved and seconded. Discussion? Mr. Tyler. MR. TYLER: Thank you,Mr. Chairman. Mr. Mooers, you are also the representative for Ms. Mahi? Planning Dept. Exhibit U°1 Page 26 PC-35 October 19, 2004 MR. MOORE: That's correct. MR. TYLER: There are three different numbers here as to the size of this property. There's the 1.9628 acres of land, which is mentioned in the cover letter from the Planning Commission. There's 1.8629 shown on the metes and bounds description, and there's 1.8628 shown on--where's that? MR. MOORE: That's on the map. MR. TYLER: Well, which is it? I mean, these are pretty accurate numbers. MR. MOORE: My assumption is that the surveyor is correct probably in the metes and bounds description, 1.8629. MR. TYLER: Okay, I'm just trying to think where the transposition might have occurred. Anyway, I just wanted to note, Mr. Chairman, that we need to be sure that that's the right number. Since it's the four digits, I'm assuming the surveyor would be correct, unless there was no transposition in putting that in. I'd like to speak in favor of this, and I think it's very clear if one looks at Exhibit A, to see that this area makai of Mamalahoa Highway,that's Highway 190, is clearly urban expansion. It's expanding rapidly. This is part of an infill, and also I'll wait until we get to the rezoning before I speak to that. CHR. ELARIONOFF: Thank you. Dr. Holschuh. DR. HOLSCHUH: Yes, I was going to say what Mr. Tyler did about the sizes, but he's way ahead of me, so thank you. CHR. ELARIONOFF: Okay. There are no other lights. On the floor we have a motion to file Comm. 788 and approve Bill 342. All those in favor, say "Aye." In Favor: Committee Members Arakaki, Holschuh, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: Committee Member Jacobson. Absent& Excused: Committee Members Chung and Safarik. CHR. ELARIONOFF: Okay. Now let's go to Bill 343. Mr. Tyler moved to recommend passage of Bill 343 on first reading. Seconded by Dr. Holschuh. CHR. ELARIONOFF: Moved and seconded. Discussion? Mr. Tyler. Page 27 PC-35 October 19, 2004 MR. TYLER: Thank you. Mr. Mooers, I'd like to call your attention to Conditions D and E, which is on Page 3, and also Mr. Galdones' letter, Page 3, fourth paragraph down, where he says that "Access to the proposed lots B-1 and B-2 will be from Mahilani Drive,which is a County owned and maintained street. Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway, which is a State owned and maintained highway. The applicant has proposed a 10-foot wide planing screen easement...". Now, if I look at Conditions D and E, it actually doesn't say that access to the proposed Lot B-3 will be from an existing access onto Mamalahoa Highway. That thing has been there as long as I can remember, so it would seem to me we need to put that in Condition E and add that sentence, would we not? MR. MOORE: Well, the applicant certainly would support that. This was an issue that was raised at the Planning Commission. Mrs. Mahi petitioned the State back in 1979 to gain access to her lot off of the highway, and at that time was required to design that driveway and to post a bond and to do that, and she did. With this proposed rezoning and subsequent subdivision, we proposed that we would use that access to provide access to Lot 3 but that the two other lots would access off Mahilani. The Department of Transportation (DOT) in their comments recommended that that driveway be abolished and that all lots gain access from Mahilani, and so in the Commission meeting, the Director made the proposal that all lots should be connected through Mahilani. The applicant, obviously, would like you to reconsider that, because the nature of that driveway is not changed in the sense of not providing access to any more than a single lot. That being said, if the Council does elect to prohibit access from that lot, I would request that the Council make it clear that Mrs. Mahi not be required to comply with all the conditions the DOT had submitted in their letter. Their comment letter and my concern is that they would require that Mrs. Mahi would have to submit plans for construction work with adjoining the right-of-way to the highway, including the removal of the existing driveway, submit plans for review and approval, and include and obtain all permits from the Highway Division. So it's not just a matter of abandoning the road. She is now going to have to go out and have engineers design plans for the removal of that. This is a woman who is trying to provide a lot for each of her children, and this is not a development that's going to be able to gain proceeds from this and be able to write this off somewhere else. They're already looking at$9,400 for each of the two additional units. Water units now installed are over$8,000. This is trying to provide affordable housing for your children, and the number climbs. I mentioned this to the Director before, and he said it was not his intention to require the applicant to do that, and if you elect to have Mrs. Mahi remove her driveway, then I'd like some indication that there's not an expectation that she go out and have to go through an engineering process to basically close off that access. Page 28 PC-35 October 19, 2004 MR. TYLER: Thank you. Mr. Yuen, do you have any comment? MR. YUEN: I don't have any objection to their not having to engineer a removal of the driveway. We did go through this at the Planning Commission hearing. Our recommendation and what the Planning Commission passed is that all access be now taken from Mahilani Drive. Let me explain the reason for this. Physically there isn't any physical reason why the three parties can't access off of Mahilani Drive. There's not any topographic issue with having one lot having to go out to Mamalahoa Highway. As roads like Mamalahoa get busier, we're going to see the individual driveways that come onto them become a bigger and bigger problem. This is true on the Mamalahoa Highway through Kalaoa. It's true on the Volcano Highway coming into Hilo. Unfortunately,the accesses were not very well controlled at one time, when the population density was much less. Sure, it's a small thing with this one driveway, but they are getting a rezoning. They are getting the opportunity to make three lots out of the one lot. If we see an opportunity to close off some of these driveways at least without an inordinate burden on the individual landowner,then we would like to push for that. MR. TYLER: Okay. Thank you. I would note for the record, Mr. Chairman, that Page 3 of Chairman Galdones' letter says the following in the middle of the fourth paragraph: "Access to the proposed lots B-1 and B-2 will be from Mahilani Drive...," and then it says further, "Access to the proposed lot B-3 will be from an existing access onto Mamalahoa Highway...," so it's clear to me that the Planning Commission had a different -- I don't have the transcript, hut that's what it says. MR. YUEN: I'm sorry. That paragraph in the cover letter is an error. The Planning Commission did approve the draft ordinance in the form that is transmitted to you with the restriction that access shall be from Mahilani Drive. That's Condition D in the ordinance. MR. TYLER: So Mr. Mooers, it's quite contradictory,which is the reason why I raised the issue in the first place,but in looking at the proposed subdivision plan done by Wes Thomas& Associates, if there's no amendment to Condition D, then essentially what are we going to have, another flag? MR. MOORE: Yes, the subdivision map would have to reflect a different configuration in the rezoning exhibit, because right now the access is shown as the paved driveway off of Mamalahoa Highway. MR. TYLER: Which driveway is permitted and was done after posting a bond and all that by Mrs. Mahi, right? Page 29 PC-35 October 19, 2004 MR. MOORE: That's correct, yes. MR. TYLER: Okay, I understand what Mr. Yuen is saying, that right adjacent to this is a very large church that was just put in. They came right off of the highway. It's major. They've got I don't know how many parking places there, so it seems to me that Mrs. Mahi --well, I'll make a motion to amend Condition D. Mr. Tyler moved to amend Bill 343, Condition D, as follows: "Access to the proposed lots shall be from Mahilani Drive. Access to proposed Lot B-3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works." Seconded by Dr. Holschuh. CHR. ELARIONOFF: Moved and seconded. Mr. Jacobson. MR. JACOBSON: Thank you. I am afraid that I can't back this. I know this woman. I had some investment there, but I don't think -- if she gets killed getting on and off this increasingly busy highway, she's not going to be able to realize much benefit from this, nor will those drivers that are in accidents that are caused by this increasing problem. They're not going to benefit from this at all either. Just because there were some shortsighted approvals by the State Highway Department next door to allow people in and out of this church on a vast scale according to Mr. Tyler, that doesn't mean that we have to endanger the rest of the population. We have a chance to fix a little problem here, and I think one by one we need to look at each one of these things and try to fix the problems. Just trying to be nice to this woman I can understand. I like to be nice to people. I like to be popular, but I don't like to avoid fixing problems that are on the ground right now, and I can't support this amendment. Thank you, Mr. Chairman. CHR. ELARIONOFF: Thank you. Anybody else? MR. MOORE: Could I respond to that? CHR. ELARIONOFF: Yes, you may. MR. MOORE: Just to clarify that this is not an unsafe driveway. This driveway was engineered and approved by the Department of Transportation. Now, Mr. Yuen's position was not that it was unsafe, and she was going to be killed. It was that it creates a problem having additional access points, so if you're going to deny it, I can accept that, but I don't want it to be implied that this is somehow a dangerous driveway that is a risk to the public, because it's not. It was engineered and approved by the Department of Transportation. The question becomes, are we going to increase the number of driveways? Are we going to decrease the number of driveways? I think that's the issue. I don't believe it's one of safety. Page 30 PC-35 October 19, 2004 MR. JACOBSON: Mr. Chairman, I really do need to respond to that. I think that every single driveway we have on a State highway does make it more dangerous. Maybe this driveway is perfectly safe, but the fact is when you put more and more driveways,when you're increasing the density like this, it's unwise. Speaking as a nurse, I've just taken care of too many people that have been hurt getting on and off State highways. I know this area. When I was working at Kona Hospital, I lived just around the corner from there. There was a driveway that was closed on the property that abutted the State highway there. I'm so glad. It was an inconvenience to the landowner that was there, but I remember having to try to help getting some of the equipment and materials in and out of his backyard. More than once there was nearly deadly collisions, simply because there's just too much traffic. People don't expect to have people going onto a highway from a single house. I think it's just not a wise idea, so again, whatever the motivation, this is not a particularly dangerous driveway. It's just one more dangerous driveway to add onto the many other dangerous driveways that are going to kill people. I'm not opposed to this lady, but I am definitely in favor of safety. CHR. ELARIONOFF: Thank you. Mr. Tyler. MR. TYLER: Thank you, Mr. Chairman. I, too, am definitely in favor of safety, and if this driveway were not an existing, approved driveway, if Mrs. Mahi and her family had not gone through having to post a bond and run through all of the gamut of making this a legal driveway, I would agree,but the fact is that they have complied with the law. This driveway has been there for over 30 years. I've never heard of any problems expressed by anyone nearby or across the street, and it seems to me that we do have an opportunity for the other two lots to come off of Mahilani which, by the way, is extremely congested. There's no left hand pocket turn in or out of there. It's really an accident waiting to happen, and I think that's the reason I made this motion. I thought about it because of what Mr. Yuen said, but I think the fact that it is an existing,permitted driveway that meets the State DOT requirements,that's the reason I made the motion. Thank you, Mr. Chairman, for the opportunity to speak again. MR. JACOBSON: One more comment, very briefly. I think Mr. Tyler sums it up pretty well, that this was done 30 years ago. Things have changed a lot in 30 years. I think about when,I moved here back in 1981. There was very, very little traffic there, and it was still not a good place to get on and off the road, 23 years ago. Now 30 years have passed, and I think times change, we have to make adjustments, and we're giving this lady a mighty gift. This rezoning is definitely going to resolve a major improvement in the financial situation for that family, and I'm really glad,but I'm not happy about increasing dangerous traffic. So thank you. CHR. ELARIONOFF: Okay. No more comments? Okay, then on the floor we have Mr. Tyler's motion, Condition D. All those in favor, say "Aye." Page 31 PC-35 October 19, 2004 The motion to amend Bill 343, Condition D, to state, "Access to the proposed lots shall be from Mahilani Drive. Access to proposed Lot B-3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works" was carried by the following vote: In Favor: Committee Members Arakaki, Holschuh, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: Committee Member Jacobson. • Absent& Excused: Committee Members Chung and Safarik. CHR. ELARIONOFF: Motion passes. Mr. Tyler. MR. TYLER: Thank you. Condition Number H, which is the prohibition against second dwellings, does not have the language which includes CPR's. 'This is the old language, so I would like to have Condition H, as I've stated before, if it is included by the Commission and the Department, is to include the language which has a prohibition against condominium property regimes. Mr. Tyler moved to further amend Bill 343, to include the standard language that includes a prohibition against condominium property regimes in Condition H. Seconded by Dr. Holschuh and carried by the following vote: In Favor: Committee Members Arakaki, Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: None. Absent&Excused: Committee Members Chung and Safarik. MR. TYLER: Thank you. Condition I -- now here's an interesting condition. We've looked at rezonings this morning. We'll consider another pretty major one today, and you know I don't recall seeing this condition before, Mr. Yuen.. Why does this appear all of a sudden for a family rezoning here? Do you know? Obviously you didn't have a direct hand in this. MR. YUEN: There's no special reason for having this condition on this one rather than on others. MR. TYLER: It's clearly a very important condition, and it's one I thought was understood or presumed to be part of every rezoning. If it is the policy of the department to put this in from now on,then I hope we'll put it in from now on, in all the rezonings. If it is not, then I think this should come off. What would be your recommendation, Mr. Yuen? Page 32 PC-35 October 19, 2004 MR. YUEN: I think we should take it off, because I think it implies that we're requiring something more than the Department of Health standard dust control condition, and the NPDES (National Pollution Discharge Elimination System) permitting type condition, which would apply to projects of over an acre. So rather than create that expectation perhaps in people, we should just cover it under the "comply with all governmental rules and regulations," because this was not really meant to impose a standard different from those other controls. MR. TYLER: I didn't think so. I mean it's a good condition. I thought it was presumed, as you have pointed out. Mr. Tyler moved to further amend Bill 343 to delete Condition I in its entirety and to renumber the subsequent paragraphs accordingly. Seconded by Dr. Holschuh. CHR. ELARIONOFF: Mr. Yuen, what is fugitive dust? MR. YUEN: Well, it makes you think of that television program, "The Fugitive." Escaped from the site. So you can have dust, but you can't let it escape to other people's property. CHR. ELARIONOFF: My concept of fugitive is criminal. So yours is escape? Dr. Holschuh. MR. YUEN: I understand. DR. HOLSCHUH: I want to comment on something else, but if you look at that huge wall across the street,that's a fugitive dust protector. CHR. ELARIONOFF: Okay. On the floor is a motion to remove Condition I and renumber the rest of the paragraphs. All those in favor, say "Aye." The motion was carried by the following vote: In Favor: Committee Members Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: None. Absent & Excused: Committee Members Arakaki, Chung, and Safarik. CHR. ELARIONOFF: Mr. Tyler. MR. TYLER: Condition L is the correct language. I wanted to note that Page 33 PC-35 October 19, 2004 and thank the Department and the Commission for that. Then I'd like to amend Condition Number N to use the language that we have been using of late. Mr. Tyler moved to further amend Bill 343, by changing the language in Condition N to read, "The applicant shall comply with all applicable County, State, and Federal laws, rules, regulations and requirements." Seconded by Dr. Holschuh and carried by the following vote: In Favor: Committee Members Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: None. Absent&Excused: Committee Members Arakaki, Chung, and Safarik. CHR. ELARIONOFF: Mr. Tyler. MR. TYLER: Now, we come to Condition 0, the next Condition right there. It's actually going to be Condition N, I guess. Here's the annual progress report. Now, we had a discussion about this before, and it was represented by the Director that we don't do annual progress reports for minor projects like this, yet we find it here, and I have no objection to it, as I stated earlier. I just want to be sure that we're being consistent with the applicant. I know the Mahi family. I know Mrs. Mahi, and they're anything but developers. To the contrary, and so I'm wondering, Mr. Yuen, and I'm not trying to put you on the spot here. MR. YUEN: Well, I am on the spot. I'm sorry that it's not consistent, and this is not the scale of thing that should require an annual progress report. MR. TYLER: So would you recommend that we remove this? MR. YUEN: Yes. Mr. Tyler moved to further amend Bill 343 by deleting Condition 0 in its entirety and realphabetizing the subsequent paragraphs. Seconded by Dr. Holschuh and carried by the following vote: In Favor: Committee Members Holschuh, Jacobson, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: None. Absent & Excused: Committee Members Arakaki, Chung, and Safarik. Page 34 PC-35 October 19, 2004 MR. TYLER: Thank you, Mr. Chairman. I believe I'm finished here. Well, let me say I'm done. I may be finished, too, but thank you for your indulgence. CHR. ELARIONOFF: Dr. Holschuh. DR. HOLSCHUH: I should have waited. I didn't know if Mr. Jacobson was going to again object to this, and I mean this very respectfully. I understand his concern about increased traffic and smaller lot size. Obviously we're all concerned about growth,but some of these subdivisions are family oriented, and there's been some where I've argued on the record with Mr. Jacobson and off the record, where I happen to know the families. People that are living in downtown Kailua that may move up somewhere else. So my counter argument would be, you've got the same people. I agree with our concern about a huge subdivision that brings in tons of people from elsewhere,but when you have a family subdivision, presumably the people are living here, driving anyway, and you're just kind of relocating where they're going to live and drive. So that's my only point about it, sort of a philosophical point. CHR. ELARIONOFF: Thank you. Mr. Tyler. MR. TYLER: Thank you, Mr. Chairman. I also want to say I appreciate Mr. Jacobson's perspective. He's very consistent on this, and that's good. It's good to be consistent. I want to just comment on what he said earlier about this being a gift to the owner, and there will be major financial gain here. The only way there would be financial gain, it seems to me, is if these lots were sold, and my understanding, and it's clearly stated here, is that this is for the three children. Is that right, Mr. Mooers? MR. MOOERS: That's correct. MR. TYLER: There's no intention to sell it. I know the Mahi family has had holdings in this area since before the Great Mahele. Mr. Arthur Mahi, who's a personal friend of mine and lives across the street, and this is his sister, is pure Hawaiian. He's 100 percent Hawaiian and descended through the Mahi line, which is the precursor to the Kamehameha line. These people are -- if there ever was keiki oku aina, this family is. So I just can't imagine that we would see this being done for a financial gain. I'm not aware of any plans to sell this property. To the contrary, it is to continue the Mahi legacy in this ahupua`a, which has been here for probably close to 1,000 years. I appreciate, Mr. Chairman, your indulgence, Mr. Yuen, Mr. Mooers, and members of the Committee regarding some of these conditions,but I feel comfortable that we are making the right decision here at the right time, and that's the reason I support it. Thank you. CHR. ELARIONOFF: Thank you. On the floor we have a motion to approve Bill 343, as amended. All those in favor, say "Aye." Page 35 PC-35 October 19, 2004 The motion to recommend passage of Bill 343, as amended (to Draft 2)on first reading was carried by the following vote: In Favor: Committee Members Holschuh, Reynolds, Tulang, Tyler, and Chairman Elarionoff. Opposed: Committee Member Jacobson. Absent &Excused: Committee Members Arakaki, Chung, and Safarik. MR. TYLER: Thank you. Comm. 793: AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE (Bill 344) MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL (CN-10)TO INDUSTRIAL- COMMERCIAL MIXED (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAI`1, COVERED BY TAX MAP KEY 2-2-32:93. (Applicant: WKSP Limited Partnership) (Area: Approximately 59,356 square feet) From Mayor Harry Kim, dated September 29, 2004,transmitting a letter and the above bill from Planning Commission Chair Fred Galdones. CHR. ELARIONOFF: Can I have a motion to file Comm. 793 and approve Bill 344? Mr.Tulang moved to close file on Comm. 793 and recommend passage of Bill 344 on first reading. Seconded by Dr. Holschuh. CHR. ELARIONOFF: Moved and seconded. Discussion? Mr. Yuen, please. MR. YUEN: Yes,this is an ordinance to rezone the existing Waiakea Shopping Plaza,which is located at the corner of Kuawa Street and Kanoelehua Avenue. It's the location of the Fun Factory. It used to have a couple of theatres in it that have closed down. It used to have a McDonald's in it that's closed down. It's in CN zone, and the request is to rezone to MCX. There's not that much difference between the allowable uses in the two zones, but there are a few uses that are permitted in MCX that are not in CN, and presumably that's the reason for the rezoning request. Specifically, indoor amusement and recreation facilities and bars and nightclubs are allowed in MCX. MCX also allows a range of light industrial uses, such as warehousing. A CN zone allows residential uses, which are not allowed in MCX. So this is a proposal to rezone an existing building and change some of the allowed uses. CHR. ELARIONOFF: Okay. Mr. Jacobson. Page 36 Camero, Tracie-Lee From: Yamada, Clinton <clinton.yamada@hawaii.gov> Sent: Monday, March 15, 2021 12:51 PM To: Camero,Trade-Lee; Sonomura,Julann M Cc: Takiue, Harry H;Jackson, Maija Subject: RE: Request for Access Information Hi Tracie, The driveway was permitted under the conditions at the time in 1979 to John M. Mahi. The subsequent 2004 SLUBA, REZ, and SUB changed the use of the property which generated the comments. The letter states that the driveway should be removed not just denied usage. • Thanks, Clinton From: Camero,Tracie Lee<Tracie-Lee.Camero@hawaiicounty.gov> Sent: Monday, March 15, 2021 12:03 PM To:Yamada, Clinton <clinton.yamada@hawaii.gov>;Sonomura,Julann M <julann.m.sonomura@hawaii.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Subject: [EXTERNAL] RE: Request for Access Information Thank you for your work Clinton! Just to clarify it sounds like the driveway to Mrs. Mahi's property was properly permitted through DOT in 1979 however DOT would like to not allow for the use of the driveway.Am I correct? Sincerely, Tracie-Lee Camero Planning Department Planning Commission Division Phone:(808)961-8166 Fax:(808)961-8742 From:Yamada, Clinton <clinton.yamada@hawaii.gov> Sent: Monday, March 15, 2021 11:55 AM To:Sonomura,Julann M <iulann.m.sonomura@hawaii.gov>; Camero,Tracie-Lee<Tracie- Lee.Camero@hawaiicounty.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Jackson, Maija <Maiia.Jackson@hawaiicounty.gov> Subject: RE: Request for Access Information Hi Tracie, The access is not controlled for the frontage of the property on Route 190 Mamalahoa Highway. There is an existing driveway for the property from our highway which was relocated to Sta. 184+00 Lt.via Permit No. 1970 to John M. Mahi approved on March 15, 1979 and completed on June 29, 1979. Nanning Dept. 1 Exhibit 5q The letter number DIR 1051 STP 8.1251 dated August 18, 2004 addressed to your department will have to stand unless a subsequent letter revising or deleting any conditions can be provided as I have not been able to locate any. I hope this reply satisfies your inquiry. If not, please let me know. Thanks, Clinton From:Sonomura,Julann M <julann.m.sonomura@hawaii.gov> Sent: Monday, March 15, 2021 10:04 AM To: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov>;Yamada, Clinton <clinton.yamada@hawaii.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Subject: Re: Request for Access Information Hi Tracie, I'm sorry, I was not clear. Clinton is the one who researched the documents. I just spoke to him and he will be providing a response to your access question this morning. Thank you, Julann From: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov> Sent: Monday, March 15, 2021 9:39 AM To:Yamada, Clinton <clinton.yamada@hawaii.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Sonomura,Julann M <iulann.m.sonomura@hawaii.gov> Subject: [EXTERNAL] RE: Request for Access Information Good Morning Clinton, First off, please thank Mrs.Sonomura for her hardwork in locating the much needed information. I really appreciate the quick response and the documents. I look forward to hearing from you on the whether or not the current access is controlled. My supervisor will be meeting with my director later today and if the driveway is in fact not a permitted DOT driveway then we will present that to the Director and hope to correct the existing Ordinance. If you could reply to this email with the permit/non-permitted information that would be really great! Thank you all again and I hope you have a great day! Sincerely, Tracie-Lee Camero Planning Department Planning Commission Division Phone:(808)961-8166 Fax:(808)961-8742 2 From:Sonomura,Julann M<julann.m.sonomura@hawaii.gov> Sent: Friday, March 12, 2021 4:24 PM To: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Yamada, Clinton<clinton.yamada@hawaii.gov> Subject: Re: Request for Access Information Hi Tracie, We just wanted to provide an update since I understood you were eager to hear from us. Clinton was out of the office for anotherj roect for most of the day, but was able to locate the attached p subdivision review comments that prohibited access from Mamalahoa and required a 10-ft planting screen. Please refer to the attached files. Clinton also recalls that there may be a letter that rescinded the requirement to remove the existing driveway. If you have a copy of that letter, please forward. We will be researching the Right-of-Way maps to see if access for the subject parcel is currently controlled (not permitted) and should have more information for you on Monday. Please feel free to contact Clinton directly at the above email address. Thank you, Julann From:Sonomura,Julann M <iulann.m.sonomura@hawaii.gov> Sent: Friday, March 12, 2021 7:21 AM To: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov> Cc:Takiue, Harry H <harry.h.takiue@hawaii.gov>;Yamada, Clinton <clinton.yamada@hawaii.gov> Subject: Re: Request for Access Information Hi Tracie, Just wanted to confirm receipt of your email. We will research and get back to you. Thank you, Julann 938-9210 From: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov> Sent: Friday, March 12, 2021 7:02 AM To:Sonomura,Julann M <iulann.m.sonomura@hawaii.gov> Cc:Jackson, Maija <Maija.Jackson@hawaiicounty.gov>; Kay, Christian<Christian.Kay@hawaiicounty.gov> Subject: [EXTERNAL] Request for Access Information Good Morning Julann, Thank you so-much for taking my call yesterday in regards to verification on access to a subject property (TMK:7-3- 011:068)from Mamalahoa Highway in North Kona.Attached is a copy of the application and a copy of the subdivision 3 map submitted to the Planning Department in 2005.The landowners are currently requesting five (5)year time extension to comply with the conditions of their Change of Zone Ordinance No.04149.The condition that I find is very important for you to review is Condition D which states: "Access to proposed lots(B-1 and B-2)shall be from Mahilani Drive.Access to proposed lot B-3 shall be from an existing access on Mamalahoa Highway. Access shall meet with the requirements of the Department of Public Works and State Department of Transportation." This application is scheduled to be presented next week Thursday, March 18, 2021. I understand that this does not give you much time to review the project but if you could verify if the landowners do infact have access to their propoerty from Mamalahoa Highway then that would be greatly appreciated. Please feel free to email me if you have any questions.Thank you and have a great day! Sincerely, Tracie-Lee Camero • Planning Department Planning Commission Division Phone:(808)961-8166 Fax:(808)961-8742 • 4 w4 .• ' -',"'-'_-'1'-'4:7,.:,t,'.•,!;!';',-,;,!::'1'''''":`• "-.4-,..Z,'-'---..,,,,',.-' : .ss .Y. z ' �' �`ar ' 's � ' � ��x,>� f k:, " „ p�' ,+ . b , g a �� , ,, . . R ';',7,.,:.-,",- " E�. • nn f '4 i,h i " ElizabethYau= ,,Er .r_. ,.... . -:,,,, :,,,.,, t a " Mahi ) (Formerly „, ,:, ,., , I� lean _r v ,-,. , . . Amendment to Chan e of Zone .. . Ordinance No 04 149 ( REZ 1059) �a IF +f' % sr -te x NeKaha Kai State Park r � ::xif,Al, • -,..:.:,: k� . 5f,A r. ' } ,fixKak t ,to T,.¢+H�' C 1 /,Y ' Ali �9`' xy �" t "� 'Pi 'tr'g' }1.4.;;-:'11.4 ,e;',:. .0 �` ',` ,nr �.k, ' -' International ;Y ;" .r Airport 8 ? i r . a s., tea. Kninni's.. ,., F r P C i ,-0,- sex ' r ; " l `.: a �„ t+l� , r.. 73-7236 Mandam Dr, `? �e, �^ fi '���r •lia+lualiona,til 96740 *,,, , :-'1'.;;;:::E.'41''''' ," ''''..;:::ltt;b.'7;e;:g';'':3'ili ,*VVCI-t':!IF''. rpt r � x , �s'j f k 'ra .P-1"r Rr` x'„ '+w`` -'k f1 '' " r k r¢ *�� ' ��' Ko�h�na I'r vote{'9 ... Flog,-,V: a t t w ... � r x� . - ee r - a COStCO Wholes&le� . ,„.: M lê -.�,. .., _t �. a,- , .sem: , r,.r.--. 3. -_ x. ,= s ---:..7.,„:;,..;',,,,,,-;,..,..3-4-4..., ;, , . __.r. ,._ w.:.x,., g ,a. .', ,. ,.; .. L it t 's. `-.a,, rtr"` . , sf r ? ,r:..,�u� w 'i,° tea._ .2 t_^`" `",. ,-,_ .. :'E ? -te r'-"'" •'�.�,.. t„ ?^ ';e - -u. ,,.. $ - :.; . < -..,� a�. � -.,. �w'a �. -�a=... �,.� gyw,.,�'^. � � i 'a,. f -4 r ..!'.»... ...4 ,... ;,y. ,da .:."c -�-`_'-+:.:...._ ,,._. .�..z Wit..,..F ..., �r` s'�r` .�St.... `:z, ,.� �`ei ., :�.,,..w,._,.a. ,. � ... �"' ���� "� �' :.� _ , �.,.. ..�.� .,._. ,__ . :Xa.,:..,,,,....-4•...,..---' f_ .. ., ,��".a `' n APPLICANT'S REQUEST The applicant is requesting a five (5)-year time extension to comp -t th Condition I) (Final Subdivision Approval) of Change of Zone Ors'' � ° e pp ) No. 04 149 which reclassified approximately 1 ,8628 acres of lane Agricultural-5 .xA Acres (A-5a) to Single Family Residential-20,000 s6 e feet (RS-20), to allow the development of a three (3) lot subdivision w M1. Yt ., . w M1t, { ;f gyp. nREASON'; • ';' R Change of Zone Ordinance No. 04 149 was approved on December 8, 2004. ; Condition C of Change of Zone Ordinance No. 04 149 states: ,' "Finul.stnc(lin'i.tiirrn (it)t)/yn1.rtl %.11u!! be ,-.•(!f' 'r! lcithin the (1 recn-s Burn the e//i'ctive chute of this ()/,11:' 1 he previous landowner. Lillian Mahi, applied for a subdivision on April 1 , 2005 subsequently received eight (8) tentative subdivision time extensions to complete .. . , of the tentative subdivision approval. The most recent tentative subdivision time ::.. :. , -t' given on March 30, 2015. ay" The current applicants purchased the property in 2016 and have been diligently r4 c; -, complying with the conditions of•the change of zone ordinance and pending subui\ however they r��cre made aware that they were out of compliance with timed condi. : ,�< `fir approval. Based on the preceding. the applicants are requesting a 5-year time extern- . Y ,. 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'r.t '; L;t �x j } /J 1 , it .Viir ♦ ;, 4 � r ,T .--, i ( A'y 'tib' I'M?1r ax° 'r �'r -, i ; ' rA 1:' : ,, ' gam4 ti .(� Ste' R. ,mss" ' °�r? .:-€", ,i x f" .t a , ..,. ,,,twaiiimilif -a1.te . � Z slr R b _1 4 { s VT 7ac � .Nar 1r )41 � i. �sih d L ' s4* » • RsY ..4 y4a;-Y • ir ,:„.,, • .....„..,,,,,. „.„..,..,;,,,. .__,...,,, ,,,,, 1 . ,,,,,,..,,,..„,...,,,;,,,,a ° `" d fit atj , . etY a 3 1 i Y`,v -7,�i 2 � l .73' �d;K�Ya 1 '.T, � , , .i � t3 r r � , � _ a - .r ,< - A .vt*' 1 • • »4-• `,fes i Vi fav _ x . A� 0 c:` 2,,;i; ,. / ,40:‘,.4.-„, iYOl 4 ',„-fl'� �- E r', • 4:4„;�' rj-ly t ` d: x:.''.;;',,',1i;- r, ' y .� • r 4' A ' • r: "�'� 4 ,."a�2 �! tet` . _ A for } s - q a:, & ''f i °#j1r,'1or'��' -1,-:�fF w'tl' 'y.. ,,•. �:j!ra " 'J! • .i W �+ as.-• rte ud: Yt . Vie+ t'' ss . ` J,.a Hyl-.e, , .rx- : .,.., --i� ., ?,! y.. , 7 ► ,.4'.. V-,'!'"_-'.,;;;,..4,.../. --'.):- ' /:,•'-:-.•.' 4 ` {tJ F+ ••..,{ rhfii ' . K 1.„0.4..4,..•-'t •.'; - 44'-' .w 1�y.. ce Y,.. ._ , y' may" "."c �*, ,%, .t.,...,. ''...-.*. li'Q,..r4"' , :.:i' �.,,� ,yam\ >.ryi, zX i YZ.* S , •. Yy.4 .:. ,:.,b A.LLs 6 yam• "y W 3 <r .. ._ "'. .v'..'`..ar,'°n '4`y\at r t A.'!If +'`''''"z-it''' • rr -1- t:;';‘am' PLANNING DIRECTOR'S PROPOSED AMENDM T TO CONDITION D RELATED TO ACCESS: L , In 1979 the previous landowner was granted an agricultural access to the subject propel -_ , -,' "- M imalahoa Highway by the State Department of "transportation (DOT). During the initial Change of Zone process in 2004, the Planning Department received ,,, . , E; the Police Department and State DOT requesting that access to the property from Marn,1, be restricted and instead require all access to the property be taken from Mahilani Drive. Based on these comments the Planning Director and Planning Commission recommend,. f. 'i, :) in Ordinance No 04 149 to require all access to the subject property to be taken from M ..:-.', i i\ , Based on our research, it appears DOT's comments were not transmitted to County Cow i,, , ` _ subsequently amended Condition D to :allowv the subject property access from lMamalalio . : : " County Council changed Condition D of Change of Zone Ordinance No 04 149 to react a `Access to proposed lots B-1 and B-2) shall be fi om Mahilani Drive. Access to prop{ 3 .:t p `A be«f'rorn an existitrg access on Mainalaboa Hi htva1-. Access shall meet the r}cquir�elnei> , F 1 Department of-Public Works." h itr}gam x,;#$i 6 ,-� lT ' E _ W„h'!q-..4 J' !F _ -Y ' ' `3 `.. (T�S'Y"a „y +s✓ y,�. s° F'# yT x Y's PLANNING DIRECTOR'S PROPOSED AMENDMEr T TO CONDITION D RELATED TO ACCESS: Through this amendment process, DOT confirmed their prohibition of ar -zs E . " v Mamalahoa Highway as the property no longer qualifies for an agricultui since the property was rezoned to single-family residential zoning. As DOT has final authority over driveway accesses from State Rights-of- _ Planning Director has changed his recommendation to amend Conditioh the following: Access to the proposed lots shall be from Mahilani Drive. Access shall meet the of the Department of Public Works. The existing driveway onto Mamalahoa be removed prior to issuance of Final Subdivision Approval. .., G: S e r • . .. _..., ., .. . . ._.,.. _. , .,,,,,........„„ ... .,...... _ .. ,. : .. . . , . . .. ... .,.. .... . . .. _,. .. .. ,........ . ...,. ,. . _ . _. . .... _,, ...,„ ,__ • . ... . . .„ , . .. .....„.. .._ . _ . . . _... , ., ., ;,-.......,_.:.,,,,„....:-...:::....,--,...,.. .::::',...,,..-.....„. ......, 0. ,,-,,.-, , . ... . . . ... .. .... .., ..__..... . ..... "fir.`N+•XDirector's•anning FSW. . ,...„,,- bY .... . . .... ,,. .,,, •:„ ,,, . . . . .. „ ., _....„. „ ., ., ,,,,t.. ,, ._. . ,..,,, ,,,,.. _.:. . , . . ,. „„, ,,,,• . , .... .,.,. . . • . . , . _ ..,... .. „. . . . ... . . , ..., ., „. . ... . Recommendation . ,. ,.. .. . • A favorable recommendation be forwarded to ,.. . ... the Hawaii County Council on the amendment to Ordinance No 04 149 based on the Planning Director's recommendation with conditions a : l,YY e.l. d• -