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HomeMy WebLinkAboutCOM 0331.000 2020-2022 Lee E.Lord Managing Director Mitchell D.Roth MayorRobert H.Command r.. Deputy Managing Director OF Gunfv JafF'ARa1*,1* Offirr Of fhr" Uztvar 25 Aupuni Street,Suite 2603 9 Hilo,Hawai'i 96720 a (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohok5lole Hwy.,Bldg C * Kailua-Kona,Hawaii 96740 (808)323-4444 Fax(808)323-4440 June 30, 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 13 98 (REZ 705) Applicant: Kristilee and Henry J. Correa Jr. Trust Request: Amendment to Condition C (Time to Secure Final Subdivision Approval) and Condition K(Deadline for Fair Share Payment) Tax Map Key: 2-4-003:021 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor TCouncilCorreaREZ705 Enclosures cc: Planning Department > Comm. No. Ref. To: Vic/ County of Hawaii is an Equal Opportunity Provider and Employer. Ref, Date J U L i Mitchell D.Roth `77 � �, John Replogle,Chair Mayor Gilbert Aguinaldo,Vice-Chair Lee E.Lord :` Dean An Managing Director Joseph Clarkson `r,, :M �► Michelle Galimba f OF 1i!!.i Dennis Lin Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 Fax(808)961-8742 �U14 2 8 2021 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Amendment to Change of Zone Ordinance No. 13 98 (REZ 705) Applicant: Kristilee and Henry J. Correa Jr. Trust Request: Amendment to Condition C (Time to Secure Final Subdivision Approval) and Condition K(Deadline for Fair Share Payment) Tax Man Key: 2-4-003:021 The Windward Planning Commission, at its duly held public hearing on June 3, 2021, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 13 98. The subject property is located along the north side of Kawailani Street, adjacent to and east of the Life Care Complex, Waiakea, South Hilo, Hawaii. The Windward Planning Commission voted to forward a favorable recommendation to the County Council for an amendment to Change of Zone Ordinance No. 13 98 with the following condition changes: • Condition C was removed entirely, based on the Planning Commission's stated intention to remove the time limitation to secure final subdivision approval for the existing Change of Zone. The commissioners stated that much of the area has been converted to Residential, Single-Family zoning and that reversion to Agricultural zoning would not be appropriate for the subject parcel. The Commission concurs with the following Planning Director's reasons for recommending a favorable consideration of the request: Hawaii County is an Equal Opportunity Provider and Employer i Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 The applicant, (formerly Puluwai, LLC), is requesting a seven(7)-year time extension to comply with Condition C (time to secure final subdivision approval) which states "Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7)years from the effective date of this amendment." Additionally,the applicant is requesting a seven (7)year time extension to comply with Condition K(deadline for fair share payment) the relevant portion of which states "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. 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." The deadline to comply with these conditions was October 9, 2020, pursuant to Ordinance No. 13 98 which amended Ordinance No. 05 110 which amended Ordinance No. 92-7, which changed the district classification from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet (RS-10) to allow the subdivision of the property into twenty- one approximately 10,000-square foot lots. The amendment request is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, the subject property was purchased as a partnership in 2008. With the downturn of the economy, one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. After resolving the partnership issues and granted a time extension, the applicant began making improvements to the property. However, according to the applicant, they had already started other projects with time requirements mandated by financial institutions involved in funding those projects, making it difficult to continue progress on conditions for the subject proposal. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C and Condition K. Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and partnership pressures, which was beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattens Allocation Guide (LUPAG) Map, which designate this area as Low Density Urban. These areas include residential, with ancillary I i i I s r Maile David, Council Chair and Members of the County Council County of Hawaii Page 3 community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Additionally, the use continues to be consistent with the Land Use element of the General Plan. The requested Single-Family Residential zoning would continue to be consistent and compatible with the transition of this particular section of the Waiakea area into residential uses. This area consists mainly of residential subdivisions. To the west is the Kula Ridge Residential Subdivision consisting of lots zoned RS-15, to the east is the Komohana Estates Subdivision consisting of lots zoned RS-15 and to the south across West Kawailani Street is the Ku`ulei Subdivision consisting of lots zoned RS-10, as well as other residential subdivisions. A letter of opposition from a neighbor to the north of the property, dated March 15, 2021, raises concerns with the adjacency of the proposed residential subdivision to existing lands zoned Agricultural. This area of Hilo has been in transition from older Agricultural lands to new residential subdivisions, and the subject project is in accordance with this. The request is not contrary to Zoning Code and is not contrary to the original reasons for granting the change of zone. The property is located within an area adequately served with essential services and facilities such as water, transportation systems and other utilities. Access to the property will be from an adjacent 50-foot roadway lot that runs along the western boundary, which connects to West Kawailani Street. Condition D of Change of Zone Ordinance No. 05-110 requires that interior subdivision roads be provided with curbs, gutters and sidewalks meeting with the approval of the Department of Public Works. Additionally, Condition F requires a 10-foot wide road widening strip along the Kawailani Street frontage of the property. Lastly, a condition of tentative approval for SUB 92-000010 requires an additional 10-foot wide "no vehicular access" planting screen easement along with the 10-foot-wide road widening strip, which runs along the Kawailani Street frontage of the property. The Department of Environmental Management is recommending installation of a dry sewer and onsite treatment system for the proposed subdivision or connection of the subdivision to the public sewer once it becomes available, in accordance with Section 21-5 of the Sewer Code. The nearest County sewer line is located over a mile from the subject property and there are no projects planned in the foreseeable future to extend the County sewer to the property. Historically, the Department of Health has allowed individual wastewater systems to be installed on properties where a public sewer is not available. A policy shift to require dry sewers for all new subdivisions should be applied universally rather than on a piecemeal basis through rezone ordinances. Additionally, this new requirement would add significant cost and reduce affordability of new homes during a time when Hawaii County is trying to improve home affordability for its residents. For these reasons, the Planning Director does not support implementing DEM's recommendation for this rezone amendment and instead supports installation of individual wastewater systems to service the proposed subdivision. Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Zoning Code, and the original reasons for granting the change of zone. 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 Fine 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 above findings, it is recommended that a favorable recommendation of the applicant's request to amend Change of Zone Ordinance 13 98, along with other housekeeping amendments, be forwarded to the Hawaii County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 13 98 is provided for your favorable consideration. (Material to be deleted is bracketed and struck through and material to be added is underlined). We are enclosing copies of the Planning Director's Background and Recommendation and the PowerPoint presentation. A draft transcript of the hearing for your information will be provided under separate cover. Sincerely, o— el© le John R. Replogle, Chairman Windward Planning Commission LCorreaJrTrustREZ705wpc2 Enclosures cc: Mr. Henry J. Correa III and Mr. Jonathan Correa Kristilee &Henry J. Correa Jr. Trust Department of Public Works Department of Water Supply Jean Campbell, Esq., Corporation Counsel BCorreaAmendREZ705.jma-05-05-21 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KRISTILEE & HENRY J. CORREA JR. TRUST AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705) KRISTILEE & HENRY J. CORREA JR. TRUST has submitted a request for a seven(7)- year time extension of Condition C (time to secure final subdivision approval) and Condition K (deadline for fair share payment) of Change of Zone Ordinance No. 13 98, which rezoned 6.0003 acres of land from an Agricultural 3-acres (A-3a) to a Single Family Residential 10,000-square feet (RS-10) zoning district. The property is located along the north side of Kawailani Street, adjacent to and east of the Life Care Complex, Waidkea, South Hilo, Hawaii, TMK: (3) 2-4- 003:021. 1. Request: The applicant, (formerly Puluwai, LLC), is requesting a seven (7)-year time extension to comply with Condition C (time to secure final subdivision approval) which states "Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7)years from the effective date of this amendment." Additionally, the applicant is requesting a seven(7) year time extension to comply with Condition K (deadline for fair share payment) the relevant portion of which states "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation,fire,police, solid waste disposal facilities and roads. 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 ofFinal Subdivision Approval."The deadline to comply with these conditions was October 9, 2020,pursuant to Ordinance No. 13 98 which amended Ordinance No. 05 110 which amended Ordinance No. 92-7,which changed the district classification from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet(RS-10)to allow the subdivision of the property into twenty-one approximately 10,000-square foot lots. _i_ 2. Reason for the Request: According to the applicant, the subject property was purchased as a partnership in 2008. With the downturn of the economy, one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. After resolving the partnership issues and granted a time extension, the applicant began malting improvements to the property. However, according to the applicant, they had already started other projects with time requirements mandated by financial institutions involved in funding those projects, making it difficult to continue progress on conditions for the subject proposal. 3. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 —Rezone Amendment Application dated January 21,2 02 1) 4. Landowner: Henry J. Jr.Trust, Kristilee Correa Trust BACKGROUND INFORMATION 5. January 22, 1992: Effective date of Ordinance No. 92 7 which amended the zoning district classification from Agricultural (A-3a) to Single-Family Residential (RS-10). The applicant was Puluwai, LLC. 6. March 13, 1992: Planning Department issues Tentative Subdivision Approval of the preliminary plat map for Subdivision No. 92-000010. (Planning Department Exhibit 2 —Tentative Approval Letter Dated March 13, 1992) 7. March 15, 1993: Planning Department acknowledges submittal of the final subdivision plat map. However, to date subdivision improvements have not been completed and Final Subdivision Approval has not been issued. 8. November 29, 1994: Planning Director grants an administrative extension of time to March 13, 1996 to comply with Condition C of Ordinance No. 92 7. 9. July 13, 2005: Effective date of Ordinance No. 05 110, which amended Ordinance No. 92-7 to allow amendments for Condition B (time to secure water commitments), Condition C (time to submit and secure final subdivision approval) and Condition O -2- (annual progress report submittal), deadline date July 13, 2010. 10. October 9, 2013: Effective date of Ordinance No. 13 98, which amended Ordinance No. 05 110 to allow amendments for Condition C (time to secure final subdivision approval) and Condition K(deadline for fair share payment), deadline date October 9, 2020. DESCRIPTION OF STATE AND COUNTY PLANS 11. General Plan LUPAG Map Designation: Low Density Urban. 12. State Land Use District: Urban. 13. County Zoning: Single-Family Residential (RS-10). 14. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map reflects RS-10 and RS-15 zoning for this area. 15. Special Management Area (SMA): The property is not located within the Special Management Area(SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 16. Subject Property: The property is rectangular in shape and is 6.0003 acres in size. The site has been cleared and is currently vacant of uses and structures. 17. Surrounding Zoning/Land Uses: The surrounding properties to the north, east and west consists of lots zoned A-3 a. The property to the west is the site of the Life Care Center, which was approved by Special Permit No. 187 in 1971. Further west is the Kula Ridge Residential Subdivision consisting of lots zoned RS-15. Further east is the Komohana Estates Subdivision consisting of lots zoned RS-15. To the south across West Kawailani Street is the Ku`ulei Subdivision consisting of lots zoned RS-10, as well as other single- family residential subdivisions. 18. Flood Zone: According to the previous Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the project site was determined to be in Zones "X", an area outside the 500-year flood plain, and"AH", an area of flood depths of 1 to 3 feet. The FIRM designated this area as a portion of the Waiakea Stream Tributary No. 1. According to DLNR flood maps, the portion designated AH runs through the middle of the property in a north-south direction. FEMA previously issued a Conditional Letter Of Map Revision(CLOMR.)based on the proposed construction plans and the applicant will -3- need to determine whether this is still in effect. PUBLIC UTILITIES AND SERVICES I 3 19. Access: Access to the property will be from an adjacent 50-foot roadway lot that runs +i along the western boundary, which connects to West Kawailani Street. Condition D of Change of Zone Ordinance No. 05-110 states that access to the proposed lots shall meet with the approval of the Department of Public Works. Other conditions of the ordinance require that driveway connections to Kawailani Street shall conform to Chapter 22, I County Streets, of the Hawaii County Code, with interior subdivision roads provided with curbs, gutters and sidewalks meeting with the approval of the Department of Public I Works. Additionally, Condition F requires a 10-foot wide road widening strip along the Kawailani Street frontage of the property. Lastly, a condition of tentative subdivision i approval for SUB 92-000010 requires an additional 10-foot wide `no vehicular access" planting screen easement along with the 10-foot wide road widening strip, which runs i 3 along the Kawailani Street frontage of the property. 20. Water: County water is available for the proposed development. According to a I February 2, 2021 letter from Department of Water Supply(DWS), the applicant has paid the required water commitment deposit fee of$3,000. As such, DWS confirms that a water commitment for the proposed development in the amount of 8,000 gallons per day, or twenty(20) additional units of water at 400 gallons per day, per unit, is granted until February 28, 2024. 3 21. Wastewater: Condition H requires that the method of sewage disposal shall meet with I the approval of the appropriate government agencies. The nearest County sewer line is located over a mile to the north of the property. In a memo dated March 30, 2021,The Department of Environmental Management recommends that the applicant do either of the following: 1) Construct a dry sewer to the subdivision and provide an onsite treatment system; or 2) require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. The original i application stated that sewage disposal would be by individual treatment systems. 22. Utilities/Services: Police services are available at the main station on Kapiolani Street and fire protection services are located in close proximity on Haihai Street near the Hilo I -4- I i 3 I I i I Municipal Golf Course. Electric and telephone services are available to the site. AGENCIES' COMMENTS 23. Department of Water Supply: (Planning Department Exhibit 3—March 12, 2021 Letter and February 2, 2021 Letter) 24. Department of Environmental Management: (Planning Department Exhibit 4— March 30,2021 Memo) AGENCIES -NO COMMENTS/CONCERNS 25. Fire Department, Police Department, Department of Public Works - Engineering, Department of Land and Natural Resources, Land Division &Engineering Division, Department of Health AGENCIES -NO RESPONSE 26. Office of Housing and Community Development, Real Property Tax Office, Department of Education. PUBLIC COMMENTS 27. Letter of opposition from David Wong, dated March 15, 2021 (Planning Department Exhibit 5). APPLICANT'S RESPONSE TO PUBLIC COMMENTS 28. Letter from Henry Correa 1I1, dated May 14, 2021 (Planning Department Exhibit b). -5- t� s. ..i c^ 71 •G Request for an Amendment to Ordinance No. 2013-098, Bill No. 104 Allow for an Extension of Time to Meet the Conditions of the Ordinance ` TMK (3) 2-4-003:021 Planning Dept. Exhibit ��..� County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo,HI 96720 January 6, 2021 Subject: Request for an Amendment to Rezoning Ordinance(No. 2013-098—Bill No. 104); Allow for an Extension of Time to Meet the Conditions of the Ordinance. TMK: (3)2-4-003-(POR.) 021 Owner: Kristilee and Henry J. Correa Jr. Trust Agents: Henry J Correa III &Jonathan Correa To Whom It May Concern: The owners of the subject property are requesting an extension of time of seven(7)years allowance for the completion of conditions "C"&"K". To address condition "C" as per Ordinance No. 2013-098, Bill No. 104: C. Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7)years from the effective date of this amendment, October 9, 2013. • After having resolved the previous partnership issues, Mr. &Mrs. Correa began making improvements to the property. Those improvements include grading and preping of the lot (permit# 5960) and stockpiling(permit#5961). Around the time of receiving the Time Extension dated October 9, 2013 for Condition C &K,Mr. &Mrs. Correa had started or were in the early phase of other projects. Many of which had time requirements implemented by the financial institutions involved with funding the projects.This made it difficult to make any real progress with the subdivision and is ultimately the reason for its incompletion. At this time, Mr. and Mrs. Correa no longer carry the above-described burdens and are ready to move forward with the completion of the subdivision. To address condition"K", as per Ordinance No. 2013-098, Bill No. 104: K. The application shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. 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 lots counted are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the maximum density for each lot, as determined by the zoning resulting from the change of zone. The fair share contribution in the form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually i i I i I I i (' beginning three years after the effective date of the amendment to the ordinance, based on the j percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall have a maximum combined value of$13,081.99 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of nineteen(19) single-family residential units, the indicated total of fair share contribution is $248,557.81 for the single-family residential units. However,the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $6,308.37 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$119,859.03 to the County to support park and recreational improvements and facilities. • $304.32 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$5,782.08 to the County to support police facilities. • $601.06 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of$11,420.14 to the County to support fire facilities. • $263.15 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$4,999.85 to the County to support solid waste facilities. • $5,605.09 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$106,496.71 to the County to support road and traffic improvements. r_. t In lieu of paying the fair share contribution,the applicant may contribute land, and/or construct improvements/facilities related to parks and recreation, fire,police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. • In response to "K", the requirements of the fair share contribution: As the effective date of this amendment was October 9, 2013, Mr. and Mrs. Correa understand that there will likely be an adjustment of the fair share contribution to an approved amendment. Please note that due to the situation regarding "other projects and financial pressure"no fair share contribution has been made to date. To address condition"S", as per Ordinance No. 2013-098, Bill No. 104: U. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include,but not limited to, the status of the development and the extent to which the conditions of the approval are being satisfied. This condition shall remain in effect until all of the conditions of the approved have been complied with the Planning Director acknowledges that further reports are not required. I i i I I I • After conferring with Planning Department staff, the best way to address an extension request is to request an additional amendment, based on the information provided herein. The applicant is requesting a seven(7)year allotment of time to complete the conditions of the original ordinance. This request would allow for the time needed to complete the proposed subdivision. Reason for Request: The subject parcel was purchased as a"partnership" in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership;Mr. Correa bought out that portion of the property. In 2012, the other partner was also forced to withdraw from the partnership. Again,Mr. Correa bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. However, Mr. &Mrs. Correa are requesting an amendment to the ordinance to allow for an extension of time for the performance of conditions. After having resolved the previous partnership issues and granted another extension for the rezoning ordinance, Mr. and Mrs. Correa began making improvements to the property. Unfortunately, around the same time as Mr. and Mrs. Correa were granted the extension, they had already started or were about to start other projects. Many of which had time requirements mandated by the financial institutions involved in funding those projects. This made any real progress on the project very difficult both financially and time wise. Now that Mr. and Mrs. Correa have finished all other projects and are free from those time and financial burdens,they are ready to move forward with the subdivision. Final Subdivision Approval of the proposed subdivision development shall be secured within seven(7)years from the effective date of this amendment, October 9, 2013. • The resolution of the partnership situation created an environment where moving forward with the required timeframe became very difficult. The lack of partners didn't allow for leveraging of both financial and logistical needs to complete the subdivision. With other projects that Mr. and Mrs. Correa had stringent time and financial obligations to, they could not move forward how they had intended to without clearing up those other projects causing them burden.Now that there are no other such projects, Mr. and Mrs. Correa are able to effectively move forward with the completion of the subdivision. The subject ordinance was approved by the County of Hawaii, County Council on October 9th, 2013. The ordinance(No. 13-98)was amended as follows: "Section 1, 25-8-33,Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to the change the district classification of property described herein as follows:" f "The district classification of the following area situated at Waiakea, South Hilo,Hawaii, shall be Single Family Residential— 10,000 square feet(RS-10)" An 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 or assigns; and are not the result of their fault or negligence. • The subject parcel was purchased as a"partnership"in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership. Mr. Correa bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again,Mr. Correa bought out the other portion of the property. With the partnership dissolved,the subject parcel was put solely in the Correa Trust. • Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. After which other projects which bore heavy financial and time burdens on Mr. and Mrs. Correa. At this time, Mr. and Mrs. Correa are not restricted by said burdens any longer and are requesting an amendment to the ordinance to allow for an extension of time for the performance of the conditions. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. • In 1991, at the time of the original approval of the Change of Zone, #90-44. The requested zone change conformed to the General Plan Land Use Patten Allocation Guide (LUPAG)Map which designated the property for Low Density Urban Development. Such a designation allowed for single-family residential uses, provided that applicable goals,policies, and standards of the General Plan were met. Furthermore, the proposed zoning was consistent with the recommendation of Hilo Community Development Plan. 3. Granting of the time extension would not be contrary to the original reasons for granting of the Change of Zone. • Based on the original approval, it was determined that the requested zone change would still result in an appropriate land use pattern that will continue to further public necessity, convenience and the general welfare. Thank you for your consideration of this matter. Sincerely, Henry J. Correa III � Exhibit 1 Ordinance No. 2013-098, Bill No. 104 Effective Date: October 9, 2013 t COUNTY OF HAWAVI *' Y STATE OF HA AI`I hoi'x� BILL NO. 104 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 05 110 WHICH AMENDED ORDINANCE NO. 92 7,WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3a)TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-003:POR. 021. BE IT ORDAINED BY THE COUNCIL OF TIME COUNTY OF HAWAII: SECTION 1. Ordinance No. 05 110 is amended as follows: "SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property f� described hereinafter as follows: The district classification of the following area situated at[Waiake Waiakea, South Hilo, Hawaii, shall be Single Family Residential— 10,000 square feet (RS-10): SECTION 2. [This In accordance with Section 25-2-44 Hawaii County Code 1983 (2005 Edition), the County Council finds the following condition is: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare;or Reasonably conceived to fulfill needs directly emanating from the land use i proposed with respect to: Protection of the public from the potentially deleterious effects of the proposed use, or { Fulfillment of the need for public service demands created bathe proposed use. i -1- A. [t]The applicant, successors,or assigns shall be responsible for complying with all of the stated conditions of approval; B. [t]The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days;from the effective date of this amendment; C. Final Subdivision Approval of the proposed subdivision development shall be secured within [five(5) seven 7 years from the effective date of this amendment; D. [a]Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets and Sidewalks,of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; E. [u]Underground utilities shall be constructed; F. NA 10-foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; G. A drainage study of the property, if required,shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works; I - 3 H. The method of sewage disposal shall meet with the approval of the appropriate government agencies; i 3 1. [a]All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; 3 3 3 J. [s]Should any 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 be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken; 3 I K. [t]The applicant shall make its fair share contribution to mitigate the potential 3 regional impacts of the property with respect to parks and recreation, fire,police, 3 solid waste disposal facilities and roads. The fair share contribution shall be i initially based on the representations contained within the change of zone 3 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 [I ]Subdivision Approval [ within five.,eats ftem i 3 i The fair share contribution for each lot shall be based on a maximum density for a 7 each 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 be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance,based on the percentage change in the Honolulu Consumer Price 3 I Index(HCPI). The fair share contribution shall have a maximum combined value of[$9,671-04]$13,081.99 per single-family residential unit. Based upon the a -3- I 3 I applicant's representation of intent to develop a total of nineteen(19)single- family residential units, the indicated total of fair share contribution is [$},83-X6]$248,557.81 for the single-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows. • [$4;664]$6,308.37 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of[S58-, -G6]$119,859.03 to the County to support park and recreational improvements and facilities; • [$224.99]$304.32 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of [&4,274,62]$5,782.08 to the County to support police facilities; • [$444,-36]$601.06 per single-family residential unit for the nineteen (19)single-family residential units for an indicated total of [$8,442.94]$11,420.14 to the County to support fire facilities; • [$-94.x]$263.15 per single-family residential unit for the nineteen (19)single-family residential units for an indicated total of [$3;696:46]$4,999.85 to the County to support solid waste facilities; [$4,143.81]$5,605.09 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total I of[$78,732.39]$106,496.71 to the County to support road and traffic improvements; i _ -4- I I I In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the i proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council; i [M-.IL. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees,conditions included I herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; j I [N-]M. [t]To ensure that the Goals and Policies of the Housing Element of the General { Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. G This requirement shall be approved by the County Housing Agency prior to final subdivision approval; [&:]N. [r]Restrictive covenants in the deeds of all residential zoned lots shall prohibit the `I construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also,in addition,impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be i submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval. A copy of the recorded covenant shall be i filed with the Planning Department upon its receipt from the Bureau of Conveyances; -5- I I 3 t [1x.10. [t]There shall be no construction of single-family dwellings and related 3 I improvements,other substantial buildings,or subdivision roads within areas designated"AE" , "AH"or"shaded"Zone"X"by the Flood Insurance Rate Maps (FIRM) except that subdivision roads can be building in"shaded"Zone"X" Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. 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 i approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt s from the Bureau of Conveyances; i [Q:]P. [s]Should any infrastructure improvements related to Kawailani/Komohana s intersection be required of future developers,the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation with the Department of Public Works or any County agency having jurisdiction over any 3 future infrastructure improvements; [R7]Q. [t]The applicant, successors or assigns shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use prior to the sale of any lot; [S-:]R. [I]The applicant shall comply with all applicable County, State and Federal laws, rules,regulations and requirements; t -6- i fees,[T- shetAd the eetifteil adopt a Unified hmpaet Fees er-dkianee setting fefth efitefie fe the impesition of emaetions of-the assessment of impac4 with the requkemefAs ef the Unified ft"aet Fees fl [I3:]S. [a]An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include,but not be limited to,the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and [V:]T. If the applicant should require an additional extension of time the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -7- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBEK COUNTY OF HAWAII Hilo ,Hawai`i .Date of Introduction: September S, 2013 Date of Ist Reading: September S, 2013 Date of 2nd Reading: September 18, 2013 Effective Date: October 9, 2013 REFERENCE CW&Tj. 368 3 I 1 I i i .t SECTION 4. This ordinance shall tape effect upon its approval. j INTRODUCED BY: I COUNCIL MEMBE , COUNTY OF HAWAII Hilo ,Hawai`i Date of Introduction: September S, 2013 Date of 1st Reading: September 5, 2013 18tember Date of 2nd Reading: September , 2013 Effective Date: October 9, 2013 REFERENCE Cannt 368 3 i i i ock FRBv i�x Ar .. t zt�ss .cr�:i�i�c, -:?�4��'Tkt�w. ++`l`•>t.1'�1?ZC'k�...�+":4+.>s.�'+� .- �- _ AW - .rte ;SCI �h ,<.,J.,:��:,.e'f''•�r' ,� f ,"''',� �.--l9„Qa+its-' - '�� �r.',r���'r �: : � Ta•2�.'7.�r's. /t Ck 3 � f , #; =:< ' r ow - y�y� Y;o- ,• ll :':,: z f 4.r1l "Ifil 4'i al KRISTILEE&HENRY CORREA JR.TRUST 'Of RFE NM 1+ W' REZ 705(90-440044)(Amendment to Ordinance "�" No.05110 which amended Ordinance No.92 7) 3 I 3 F I OFFICE OF THE COUNTY CLERK eeC� OU11TY CL RK C ii 411"' ""d County of Hawaii Hilo, Hawai`i j 2013 OCT -9 PM 1 22 Introduced By: _Zendo Kern (B/R) ROLL CALL VOTE Date Introduced: September 5, 2013 AYES i NOES ABS EX First Reading: September 5, 2013 Eoff X ! Published: September 14, 2013 Ford X llagan X i RE,IIARKS: Kanuha X _ I I Kern X Onishi X I Poindexter X i Wille X Yoshimoto X Second Reading: September 18, 2013 9 0 0 0 ! To Mayor: September 26, 2013 a Returned: October 9, 2013 ROLL CALL VOTE ! Effective: _October 9, 2013 NYE;9 NQES AB RbbAnd: October 17, 2013_ Eoff k Ford X REA14RKS: Ragan X I Kanuha X Kern X I -- - Onishi X Poindexter X HWiYOe X himoto X 8 0 1 0 1 DO HEREBY CERTIFY that the.foregoing BILL was adopted by the County Council published as indicated above. ---. Ah CO 'CIL CH PE N ,9'd1Disap oved this day 120P) QU,VTY CLERK a' 104 Bill No.- -M YOR, CO LINTY OF HAff"Al`I Reference: C-368/PC-42 -- Ord 1 ...: 3 96 Exhibit 2 Annual Progress Report A. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of the approval; • The subject parcel was purchased as a"partnership"in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership; Mr. Correa bought out that portion of the property. In 2012,the other partner was also forced to withdraw from the partnership. Again, Mr. Correa bought out the other portion of the property. With the partnership dissolved,the subject . parcel was put solely in the Correa Trust. • Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. However, Mr. &Mrs. Correa are requesting an amendment to the ordinance to allow for an extension of time for the performance of conditions. • After having resolved the previous partnership issues and granted another extension for the rezoning ordinance, Mr. and Mrs. Correa began making improvements to the property. Unfortunately, around the same time as Mr. and Mrs. Correa were granted the extension, they had already started or were about to start other projects. Many of which had time requirements mandated by the financial institutions involved in funding those projects. This made any real progress on the project very difficult both financially and time wise.Now that Mr. and Mss. Correa have finished all other projects and are free from those time and financial burdens,they are ready to move forward with the subdivision. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this amendment; • A water commitment payment was submitted to the DWS but has since expired. Another water commitment will be submitted with the approval of the requested amendment. C. Final Subdivision Approval of the proposed subdivision development shall be secured within seven(7)years from the effective date of this amendment, October 9, 2013; • After having resolved the previous partnership issues, Mr. &Mrs. Correa began making improvements to the property. Those improvements include grading and prepping of the lot(permit# 5960) and stockpiling (permit#5961). Around the time of receiving the Time Extension dated October 9, 2013 for Condition C &K,Mr. & Mrs. Correa had started or were in the early phase of other projects. Many of which had time requirements implemented by the financial institutions involved with funding the projects. This made it difficult to mare any real progress with the subdivision and is ultimately the reason for its incompletion. At this time,Mr. and Mrs. Correa no longer carry the above-described burdens and are ready to move forward with the completion of the subdivision. D. Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; « To date,no driveway connections have been made, either on the exterior or interior of the proposed subdivision. E. Underground utilities shall be constructed; • To date, no utility work has been constructed on the proposed subdivision. F. A 10-foot wide road widening strip along the Kawai 1 ani Street frontage of the - property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; • The required ten(10) foot wide road widening strip will be included within the plans for the final subdivision. All structural plans setbacks will be taken from the future road widening line. G. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works; • A civil engineer has been consulted and will provide all necessary drainage information prior to final subdivision plat. H. The method of sewage disposal shall meet with the approval of the appropriate government agencies; • A civil engineer will be consulted to provide design(s) and approval(s) for individual wastewater systems (IWS)with the appropriate government agencies. I. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; ' Any and all development-generated runoff will be disposed of on site and will not be directed toward any adjacent properties. J. Should any 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 be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken; ® The requirements and concerns of the DLNR-SHPD are fully understood and will be observed throughout the construction of the proposed subdivision. K. The application shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. 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 lots counted are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the maximum density for each lot, as determined by the zoning resulting from the change of zone. The fair share contribution in the 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 the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $13,081.99 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of nineteen (19) single-family residential units, the indicated total of fair share contribution is $248,557.81 for the single- family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $6,308.37 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of$119,859.03 to the County to support park and recreational improvements and facilities. • $304.32 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of$5,782.08 to the County to support police facilities. • $601.06 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$11,420.14 to the County to support fire facilities. • $263.15 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$4,999.85 to the County to support solid waste facilities. ~ * $5,605.09 per single-family residential unit for the nineteen(19) single-family residential units for an indicated total of$106,496.71 to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant may contribute land, and/or construct improvements/facilities related to parks and recreation, fire,police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. • As the effective date of this amendment was October 9, 2013, Mr. and Mrs. Correa understand that there will likely be an adjustment of the fair share contribution to an approved amendment. Please note that due to the situation regarding "other projects and financial pressure"no fair share contribution has been made to date. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; • To date the county council has not adopted a Unified Impact Fees Ordinance. M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval; • The applicants reaffirm that they will comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to the Affordable Housing Policy. N. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s)to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval. A copy of the recorded covenant shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; O. There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated "AE" , It"Wil or"shaded" Zone "X" by the Flood Insurance Rate Maps (FIRM) except that subdivision roads can be building in"shaded" Zone "Y'. Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the - MITCHELL D,ROTH DEANNA S.SAKO 5 MAYOR ' ' ' *, FINANCE DIRECTOR G. � tt',r t r, STEVEN A.HUNT •t DEPUTY DIRECTOR •r'rQt<NP^N C .J 1\ 11' HAWAII Department of Finance - Real Property Tax Aupuni Center,101 Paualti Street,Suite 4 1 Hilo Hawaii 96720-4224 1 Fax(808)961-4224 Appraisers(808)961.8354 1 Clerical(808)961-82011 Collections(808)961-8282 West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor I Kailua Kona,Hawaii 96740 Fax(808)3273538 1 Appraisers(808)323-48811 Clerical(808)323.4880 REAL PROPERTY TAX CLEARANCE Gate: Friday, January 08, 2021 TMK: (3)2-4-003-021-0000 Correa,Henry J Jr Trst et al - This is to certify that the real property taxes due to the County of Hawaii on the parcel listed above have been paid for the tax year up to and including June 30, 2021. The County's real property taxes are levied on July 1 st each year, The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Correa,Henry J Jr Trst et al and is issued for this parcel only. by tie sey Shimabukuro,Clerk III X -- , RE,q PROPERTY TAX DIVISION Paid up to .and including June 30, 2021. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(212018) z Hawaii County is an Equal Opportunity Provider and Employer TR325HlHAW i i proposed covenant(s)to be recorded with the Bureau of Conveyances shall be submitted to the Plamzing Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; P. Should any infrastructure improvements related to KawailanilKomohana intersection be required of future developers,the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation with the Department of Public Works or any County agency having jurisdiction over any future infrastructure improvements; Q. The applicant, successors or assigns shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use prior to the sale of any lot; R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; S. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; • After conferring with Planning Department staff,the best way to address an extension request is to request an additional amendment, based on the information provided herein. The applicant is requesting a seven(7)year allotment of time to complete the conditions,of the original ordinance. This request would allow for the time needed to complete the proposed subdivision. T. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action f-_ 4 I sae°e.......°s®.°�•...........° ............................... , ®°ar ---.................°... 11 p ' I j LOT 7 LOT 14 A LOT 21 1 I � j it I j LOT 6 LOT 13 ! ( NO MARKING OR I ii SIGNS ON PRV'T ROADS i LOT 20 F w i PROPOSED STREET I j IGHT ON POLE TO ! BE INSTALLED BY COUNTY I w I PER STREET LILG41 NN'fE5#12 BEGIN NEW PAV'T T LINE PLOT 12 ii PERCO COUNTY STDS I I I - RI-1 STOP SIGN I I I &POST BLUE 4'MARKE I ! LOT 19 I 4'DOUBLE YELLOW t �! LINE FOR 50' ti PROPOSED STREET IGHT 13N POLE di II - BE INSTTALLED BYOCOUNTY! I i i PER STREET LIGHT NOTES 512 II / ROAD'A' i N it � W14-1 SIGN& 6 iI PRIVATE ROAD' NO MARKING OR LOT 18 SIGN&POST SIGNS ON PRV'T ROADS II LOT 4 LOT 11 j l BLUE 4'MARKER I i I LOT 3 LOT 10 LOT 17 t � I I � � I EXST'G PV'T LOT 2 I ! i ( LOT 9 I LOT 16 i i I j I ' 15 MPH I j i SPEED LIMIT j 50'DOUBLE YELLOWSIGN LINE I � I i i ; I LOT 1 RI-1STOP SIGN i I I W14-1 SIGN& LOT 8 I LOT 15 I 'PRIVATE ROAD' SIGN&POST STOP LINE +t C& --EXISTING UTILITY 1 -n ----------�� ------- -- --I- ---------- j BEGIN NEW 't ex wL— ----a e-wt— — -- —_ PAVEMENT LEISTINGW/UTILITY KAWAILMI SREU ------------------------------------------------------------ POLEnW!EXTGUTILITY LIGHT i I N GRAPHIC SCALE Y en wo f 4 (IN i*rw} 1 I-n a Bo it. 111512020 https://reserver4.hawaiiinformation.com/REsearch6/REsearch/ActionMenu/Print/main_15 TMK DATA Taxkey Subdiv/Condo Tnr Address Zip Owner/Lessee Bds Bths Land area Liv Last Sale Instr Price area r° ......... ... .,,.... ........... . 3-2-4-3-21 WAIAKEA F 96720 CORREA,HENRY 0 0 6.00 ac 0 4/30/2008 DEED 1000 HOMESTEADS J JR TRST 3-2-4-3-35 WAIAKEA F 870 96720 WUNG, 1 1 3.13 ac 480 9/30/2002 DEED 173556 HOMESTEADS KAWAILANI DAVID/ETAL ST 3-2-4-3-41 WAIAKEA F 96720 WUNG, BETTY Y 4 1 1.00 ac 1,284 HOMESTEADS J REVOC LIV TR 3-2-4-3-52 WAIAKEA F 944 W 96720 HILO MEDICAL 0 0 3.00 ac 71,912 10/27/1976 DEED 4100000 HOMESTEADS KAWAILANI INVESTORS LTD ST 3-2-4-3-76 WAIAKEA F 940 W 96720 WUNG,JENNIE S 3 2 1/2 3.00 ac 1,554 12/28/1995 L 7406 HOMESTEADS KAWAILANI TR 3-2-4-48-51 KOMOHANA F 1306S 96720 HORITA,JOHN K 2 2 1/2 16,962 sgft 1,788 4/18/1988 DEED 42500 ESTATES KUMUWAINA TR/ETAL PL 3-2-4-48-52 KOMOHANA F 13125 96720 KIM, CLARENCE 3 2 17,048 sgft 2,022 9/30/1980 DEED 38500 ESTATES KUMUWAINA &IRIS Y PL 3-2-4-63-1 AHUALANI F 1357 96720 MENDONSA, 4 3 11,388 sgft 1,652 4/17/2019 DEED 380000 SUBDIVISION MAILANI ST HAROLENE A-C 3-2-4-67-1 KUULEI F 1359 96720 KENT, LORETTA 3 2 10,807 sgft 1,490 3/18/2013 DEED 270000 KUULEI ST ATR 3-2-4-67-2 KUULEI F 1377 96720 MATHISON, 3 2 1/2 10,000 sgft 1,932 6/29/1990 QD 2000 KUULEIST KENNETH W& YVONNE M 3-2-4-67-37 KUULEI F 1371 MONA 96720 HAYAKAWA, 3 2 10,001 sgft 2,092 10/31/1986 DEED 135000 LP NAOMI TR 3-2-4-67-38 KUULEI F 1387 MONA 96720 OSHIRO,JANICE 3 2 10,001 sgft 1,651 10/23/1987 DEED 119000 LP M TR 3-2-4-67-64 KUULEI F 1402 MONA 96720 AMARAL, 3 1 1/2 10,575 sgft 1,524 8/21/2006 DEED 408000 LP DUSTIN J& LISA-ANN C E 3-2-4-67-65 KUULEI F 1400 MONA 96720 OCHIKUBO, 3 2 1/2 11,642 sgft 1,542 3/20/1979 DEED 25500 LP STEPHEN REV TR/ETAL 3-2-4-67-66 KUULEI F 1398 MONA 96720 DINGLE, PETER 4 2 12,265 sgft 1,870 10/19/2007 DEED 390000 LP S&GLADYS D 3-2-4-67-67 KUULEI F 1392 MONA 96720 YANAGI,TRACY 3 3 10,521 sgft 1,733 7/6/1994 DEED 178000 LP K E FM LY TR 3-2-4-67-68 KUULEI F 1386 MONA 96720 AGLIAM,ALLEN 4 2 10,940 sgft 1,720 11/14/2001 DEED 175000 LP C 3-2-4-67-69 KUULEI F 1376 MONA 96720 MATSUSHITA, 4 3 10,976 sgft 1,856 3/6/2001 DEED 164500 LP ROBIN T& COLLEEN 3-2-4-67-125 KUULEI F 871 W 96720 HIRATA, KIKU 3 1 1/2 30,839 sgft 912 KAWAILANI TRS/ETAL ST 3-2-4-67-129 KUULEI F 1760 MONA 96720 MAKUAKANE- 6 3 34,887 sgft 4,574 4/9/2010 DEED 375000 LP JARRELL,JONI M L/ETAL 3-2-4-67-130 KUULEI F 901 W 96720 TOMORI, OWEN 3 1 1/2 22,060 sgft 1,726 12/24/1980 DEED 66000 KAWAILANI K/ETAL ST This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is,therefore, not guaranteed. f https:/freserver4.hawaiiinformation.coin/REsearch6fREscarch/ActionMenu/Print/rnain_15 111 ti March 13, 1992 Mr. Dennis , Shigeoka, P.E. The Keith .Companies-Hawaii, Ine; 400 Hualan Street; Suite 20-D Hilo, HI 96720 M Dear Mr. Shigeaka® Subdivider . Kawa lani Estates Partnership Proposed Subdivision of Lot 619-A-1 Into Lots 1 to 21, Inclusive Being portion of Grant 1011897 Waiakea Homesteads, 2nd Series, Waiakea, South Hilo, Hawaii TMK• 2-4-03.21 (92-10) Please be informed that tentative approval of the preliminary plat is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the plan in accordance with Chapter 23 , Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1. Provide a water system meeting with the approval of the ___._Department of -Water Supply: 2. Submit water system construction plans for approval by affected agencies. 3 . Pay installation and facilities charges as required by the Department of Water Supply. 4 . Final plat map shall contain all of the requirements of Chapter 23, Subdivision Control Code, Sections 23-63 thru 23-69 . 5. Identify the location and direction of all watercourses or any areas subjected to inundation by a 100-year storm. Identify all such areas by drainage easements . Planning Dept. O � ExhibitIN Mr Dennis Shigeoka Page 2 March 13, 1992 6. Submit drainage calculations and flood control plan (local drainage and flood control provisions) . 7 . Indicate Q before and after subdivision development. No additional storm run-off to adjacent properties ox roadways due to` subdivision development will be aalowed. All generated storm flow shall be disposed of within the ` subdivision. Indicate how this will be accomplished. 8 . Portion of subdivision is Located within Zone "AH" and affected by the Limit of Detailed Study on the Flood Insurance Rate Map (FIRM} , All reviewing agencies shall be informed of the specialflood hazard designation.' As required by Chapter 27, all subdivisions within special flood hazard areas shall: a . Have public utilities and facilities, such as sewer, gas`, electrical and water ;,systems, located and constructed to minimize flood damage; b. Have adequate drainage provided to reduce exposure to flood 'damage; C. Identify the areas of special flood hazards on the final plat map by drainage easements; d. Indicate the base (100 year) flood and ground elevation of all lots on the final plat map; e. Submit drainage calculations (flood study) prepared by a registered professional civil engineer. -_9 . Roadway -design _shall follow the standards _i.f the.__"Hawaii__ _. . Statewide Uniform Design Manual for Streets and Highways" and Chapter 23, Subdivision Control Code. 10 . Provide street lights as required. 11. Submit sewage disposal plan in compliance with State Department of Health requirements . 12 . Submit all reports, plans and approvals that are submitted to or from the Federal Emergency Management Agency (FEMA) including Letter of Map Revision (LOMB) . 13 . Adjust the future road widening to read "10-foot wide future road widening setback. " Mr. Dennis Shigeoka` Page 3 March 13 , 1992 14 . Adjust the 1.0-foot -wide "no access" planting ` strip to be relocated adjacent north of thefuture road widening setback and relabled 10-foot -wide "no vehicular access" planting screen easement. 15 . Provide minimum 16=foot wide nondedicable pavement within_ the 20 foot. wide private roadway. 16 . Provide minimum 32-foot wide dedicable pavement within Roadway Lot "A" , with curbs`, gutters and sidewalks . 17. Provide minimum 3.6-foot radius dedicable pavement with curbs.,_ gutters and sidewalks within the 45-foot radius circular turnaround. Cross slopes within shall not exceed 5-percent 18 . The following requirements applies to the existing 50-foot wide Road and Utility Easement: a . The subdivider shall fully improve the entire roadway easement consisting of providing minimum 32-foot wide dedicable pavement with curbs, gutters and sidewalks. b. Submit a proof of legal access allowing the proposed subdivision to utilize the subject roadway easement . C. Submit the subject 's as-built construction plans to Department of Public Works for review and comment . If the applicant chooses to use the existing roadway pavement, the pavement section shall be constructed to County Dedicable Standards . -d. Relocate-the existzrig water-"va-lve and fire hydraint --- fronting Roadway Lot "A" . e. Reconstruct the low area, where ponding is occurring, fronting proposed Lot 2. f . Remove the two (2) A.C. speed bumps along the roadway easement. a g . The subdivider shall coordinate all improvements with Hilo Medical Investors, Ltd. h. DPW recommends that the entrance to Life Care Center of Hilo be aligned with the proposed Roadway Lot "A" , by continuation of their respective centerlines thereof Mr. Dennis' Shigeoka Page 4 March 13, 1992 19 . The applicant shall be reminded that Roadway Lot "N" cannot be properly dedicated -to the County unless the existing 50-foot wide Road and Utility Easement is fully improved, set aside as a roadway lot, and dedicated to the County. 20 . Submit a sight distance report consisting of the required and available sight distances at all access and intersection points . The required sight distances shall be based on the posted speed limit plus 5 Miles Per Hour: (MPH) . Adequate sight distances shall be provided at all access and intersection points ter the proposed subdivision shall 'be reconfigured. 21 . Submit construction plans for review and comments. a 22 . Comply with all conditions of approved Change of Zone Ordinance No. 92 7. 23 . Place property markers in accordance with the final plat a map. Surveyor shall submit certification upon completion. ,i a 24 . Submit nine (9) copies of the final .plat map within one year from the date of tentative approval. If not, tentative approval to the preliminary map shall be deemed null and void. Only upon written request from the applicant and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. j Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground j Injection Control (UIC) , Administrative Rules, Department of Health, prohibit an " p y person from operating;"constructing or moth"fying an injection well (drywell) unless authorized by a permit issued by the j Director of Health, State of Hawaii . Furthermore, should dedication { of roadways including drywelis be contemplated, the Department of 3 Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. i You should be aware that if at any time during the fulfillment of the foregoing conditions that environmental problems emerge- problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date--this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problem.(s) . The Planning Director shall confer with members of the Subdivision Technical Review Committee or other concerned agencies to resolve the problem and notify you accordingly. { Mr. Dennis Shigeoka Page 5 March 13, 199 No final approval for recordation shall be granted Until all the above conditions have been met. Land shall not be offered for sale, lease orient until final approval for recordation of the subdivision: Should you have any questions, please feel free to contact i Ed Cheplic or Wally Mat'sunami of this office. i NORMAN K HAYASHI t Planning Director EC: lm 46.95D Attach. xc: 4 engineers Kawailani Estates Partnership Rez. 705, Sub. 5789, PA 2337 :=n DEPARTMENT OF WATER SUPPLY • COUNTY OF NAWAVI r 345 KEKUANAQ'A STREET, SUITE 20 HIO, HAWAII 96720 TELEPHONE (808) 981-8050 . FAX (808' 961-8657 Nl,trclr 12. 20,1 10: Nlr_ /endo Kern, Director Planning, Department FROM: Keith K. Okamoto. Mariaoer-Chien Engineer 1.lJ.J1'C'T. '�,rracaidmcnt to t-.'lranl;C ol,zone Ordiaraca e No. 13-098 (1ItE .£,05) Applicrtirt — i�ristiltc: aiid llerrt`y J. Curr�sa Jr- '1'1�ust Request—Amendment for a Seven-Year Time Extension to Condition C (Tinge to Complete Construction) and Condition K (Fair Share) Tax Map 1Cey 2-4-003:021 We Dave rev ie~,+ed the subject application and have the: following comments and conditions. I Our comments from Our Memorandum dated February 2, 2021, to Henry Correct Jr., and copied to your department, regarding the subject application, still stand. Should there be any questions, please contact Nlr. Troy Samcu•a of Our Water Resources and Planningr Branch at 961-4070, extension 255. a 'i Sincerely yours, I Keith K. Okamoto, P.E_ Nlana(ver-Chief Engineer ,i,S:dito copy — Kristilcc and henry J, Correa Jr. Trust Planning Dept. Exhibit — - . . . U)ater, Our Vost Precious Resource. . . K# Wai.,4 Kane. . . 14WO The Department of Water Supply is an Equal Opportun€ty provider and employer. i r� JI• DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAItf y'r`•. t--„ 45 KE t_i A1,42 sf`J' STREET s'..1i I E 20 ° HIL0 H A WA j 9C,2,) I t j ii {{ 4 'N r j H'arnk Correa Realt\. LLC L €2� Correa Professional Buildin- j 63€1 Kikwca Avenue,Srtite li)d C7'D l Hilo, N1 96720 I f)c-nr 1rt,-. Cnrre:v Subject: NVater C'ommitnient Deposit for- l Subdivision Application No. SUB 92-000010 Subdivider: nek€na Kawailani, LLC Tax i'w'pal) Key 2-4-003:021 f Thi-, is to ackviowlcr_Ige receipt of t€le �S3.t700_00 ater comIII itmellt 6e1)0sit for the subject applictttitxt. We.are r enclosing Receipt NO.4644 750 for your ales. t =i Pursuant to Rtrle S of the Department's Rules and Regulations,a%vater commitment for the proposed development in the amount of 8,000 gallons per day, or twenty (20)additional units of water at Opt}gallons per day, per unit, is hereby granted until February'8. 2024, with the following,conditions: � a i. Construct nese sar% `~Eater system improvements, which shall include, but riot be limited to: j a. on-site water mairis shall be capable of deliverim, water at adequate pressure and voltrnle Linder pk«k-tlov, coiichl€ons-: mininium diameter of rain,shall he 6 anChts,, i h, scivice laterals that will iccominodate 'i/8-inch si:.ed nicters to each lot, and j C. instalttttion offire hydrant.: spaced no lnore than 600 lec't apart. On dead-crid streets.the last j fire bychant shall be located at Erne-half the:distttrlce i'rona tile last Irotr:',, car. omit, h-011611" the properiy iinc_ tri the drk eGv w, or access for the property, and d. SLIhjcct tcj trthtr ztgettcicS' ir1tpr0venrcnts k0hirr the road ri(.;lrt-of-,"aV t rrontinu the prof ert} afrc ct:�cl b) tate proposed de:elo;pr;r:nt, tite applicant shall he respml 'stjly for the relocation and acl_justnicttt of the 0epartin-nil's atTected �sater s}stz.€n facititics, should it Submit construction plans and design calculations prepared a professional crighrcer,registered in the State of llat \ ari, Cor review aril approval. ?. Rrcmit the prevailing facilities charge°vwhich is subject t€r change, as shoo ii belcm,: `Vater, Our Most fteciau s source. . . Ka `mai q Kane. . . The Departmseot of Wa€ef Suppry is an Equal Opportunity provider ars employer. i 's I t I s 3 Vr. EE nrz•. r: ort .Ir. l l r fiat f is I Ifni `� : il \iitri' tl �. i; "r Lat=f�.�lYdti Ulrriti to }{J.6kt%�"taO till it l , MII,M) I i is n l : 4 --- - -- ------ 12 I.C) },1. )E 1 \VA IEN t..ttyllt` fMEAI ILEI10SII ,`cf)E. I t4ztllti ( (J) erCfClttEtxlltl ltnrii .{E' 150,(�tEr1 it J?Mf.)�I.�.kt) f acilitic: C harvc e RaEance $1 18,900-00 I This is clrrw and pa,able upo)1 completion of the installation of the: required V"Iter wy improv erste€its and prior to final subdivision approval being, {granted, For)tirErr intorntati€rtn, eater c<intn.ttment deposits are credited tov�ards the final ta.cilittes charge l requirenma I-M Ow devetopAleut. Note tilat OIC ail101tnt cal Waltr conmil'I rlent depoti6E may exceed UIe prevailing facilities charge amount', for example, Felten requests for time extensions COIltinue and are approved. Until the development is anally completed, these are separate and unrelated items. [n the event that vyater commitment deposits exceed the facilities charge, no refunds are applicable. 3. SEtbmit the appropriat: documents, propc:rlF prepared and CXecuted. to COI)VO the eater systertt irllpro7 cittcnts and lnecessary easements to the 'Fater Board of the County of Fiawai't prior to final subdivision approval being granted. A registered lana serveyC)r shall stamp and certify tine metes and bounds dnscriptiori kvitlitn tine conveyance documents. 1-iovvever, prior to water meter services being, ar€intern to the development, car Etna lots within. the cotnveyance documents shall be accepted by tine Water Board, ShOUld there be any questions. please Contact Nlr. Troy Samura of our Water Resource and [Tanning Branch ,it %t-9070, extcnsiml 255_ Sirnccrely yours, "PWV Keith K. Okamoto, 11,F" tti:lana,Cr-Chief'E: r y Mitchell D.Rath �`.` --, Ramzi 1.Mansour Mayor1. Director . r Lee E.Lard Brenda D.lokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KeOanAc'a Street,Suite 41 Hilo, Hawaii 96720 Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director � Planning Department RC)Mv R',IP17; C. M8n'001-. Director� Departanent of FlIvironmenta.l Manageanent DATE: March DO- 2021 SUBJECT: Amendment to Change of Zone Ordinance No. 13-98 (REI 705) Applicant: 1;ristilee and Henry J. Correa Jr. Trust Request: Amendment for a Seven-Year Time Extension to Condition C (Time to Complete Construction) and Condition K (Fair Share) Tax Map Key: (3)2-4-003:021 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( X j No comments, { ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal { } ,aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. { ) Ample and equal roam should be provided for rubbish and recycling. ( 1 Green waste may be transported to the green waste sites located at the West 1lawai,i Organics Facility and Fast Hawaii Organics Facility.or other suitable diversion programs. { j Construction and demolition waste is prohibited at all County Transfer Stations. { t Submit Solid Waste NiTanagement Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed.. Provide update to the department on current status. { } Other: Planning Dept. Exhibit County of Hawal'i is an Equal Opportunity Provider and Employer 140791 Page 2 The % ate%%,-rtcr Division has reviewed the suhicct application and offers the 1ollowiny comments andlbr reconztncndations (contact the Wastewater Division for deiails)7 i f V'o ci�n�rt�crlts. Rccluirc conircctioll ul'existirr", arld'or proposed structrtres to the public sovicr in aCC01'cla1lC N,eith `section 21-5 Ofthc IkM3i­i Ccx€nth° Cock. t; 1 Require Council Resolution to approve sewer ettcns,1011 in accordance with Section 21- YA of the Haw-i-i County Cade. Complete Sewer Fxtension Application. { } Require extension of the sewer systern to service the proposed subd vision in accordance tvith Section 23-85 of the llawai`i County Code. ( X ) (-'heck or liner oatsos arlalalfcable: [ X I If required by the Director of the Department of Environmental Mana-erment ("Director of DEM"), [ X I applicant shall conduct a sewer study in accordance with the then applicable wastewater sy'stern design standards prior to approval to connect to the. County sever system. applicant shall provide such sewer Linc; or other facility improvements as the Director of DEtN/t may reasonably require, which the sewer study may indicate are advisable for mitivation of impacts of the proposed.project. Contact Wastewater Division Chief for details.w ( X Other: A m licant needs to do either of the foltowin,: I Construct a dry sewer to the subdivision and provide an onsite treatment system; or 2) ree r.tire connectionof existin,, and/'or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. 3 a _ J r' C/•y �--�.`L-L.;.�'�E..i..,^i._C., ��.C.,•jo^-- �g'�K ^�is-•''f.•4�,.���.?"4..+.,,,,,, ��I.-^"li,^ti.+^� f s k'( �^+ � �,} j l� �. L�.. "'"� I l{}p trj ff CO 3 4 L? d C- 7'�L-�...� l.�„.�_.P.•f B'd'""�...�#.^;✓ Fes;)'{. _fh"[ F` •r.f:.,�. +��"�..-t,„�.,.J �'a� /fid-^,c..'1s._.� 1 ""---'Y.-•' �,�..r""4 t l C� 3 ell "2+1r/ Zr &A—e- 140565 arming Dept 'M� "�' r x 4 f r I 3 i 1 3 a� w y ,J t 3 I na May 141'2021 To: Zendo Kern, Planning Director From: Henry Correa III, Authorized Agent for Applicant's Kristilee & Henry J Correa Jr. Subject: Response to Comments Letter from Mr. Wung In response to the comments letter from Mr. Wung, it was originally Mr. Correa's intension to make the property into a pasture. With other project's getting in the way, a fence was never built, and the pasture was never made. Though the pasture was never put in place, it was never intended to be a permanent use of the property. The end goal was always to apply for a zone change and subdivide the property. Regarding Mr. Wung's comments on crime, the attached document from the Assistant Police Cheif should suffice as a reasonable response. As noted in the document, "Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns." Should there be any further questions or concerns,please feel free to contact me. Sincerely, Henry Correa III Agent for Mr. &Mrs. Correa 630 Kilauea Ave., #101 Hilo, HI 96720 Office Phone: (808) 961-3300 Mobile: (808) 557-2614 Planning Dept. Y MAY 2 0 2021 40,14 18 8 5 e r�'.•��f JK� . Mitchell 1). Rath .`�° * Paul K_ Ferreira t Kenneth tiLwmloJr. County of Hawai . I N-)1,10E: DEPARTNIFNI" lIt h ani riaiti 1,1rCit • }I:h,-E Lr�e n i r!,- �r ;.r•.r s5,�y ,,.;;ll la~< tiiyr Irl-?;x, March 12. 2021 TO ZENDO KERN, PLANNING DIRECTOR FROM � R, ASSISTANT POLICE CHIEF REA I O ERATIONS BUREAU SUBJECT: AMENDMENT TO CHANGE OF ZONE ORDINANCE No,13 98 (REZ 705) APPLICANT: KRISTILEE AND HENRY J. CORREA JR, TRUST REQUEST- AMENDMENT FOR A SEVEN YEAR TIME EXTENSION TO CONDITION C (TIME TO COMPLETE CONSTRUCTION) AND CONDITION K (FAIR SHARE) TAX MAP KEY: 2-4-003:021 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Reed Mahuna of the South Hilo Patrol Division at 961-2214 or via e-mail at reed.mahluna@hawaiicounty.gov. RN4 IW21 H00213 "tlausai'i C'outcty is an Equal Opportunit% Provider and FrnploNa" i 4 V 4 6 3 RCotreaAmendREZ705.jma-05-05-21 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KRISTILEE & HENRY J. CORREA JR. TRUST AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705) Upon review of the request, the Planning Director recommends that a favorable recommendation to amend Condition C (time to secure final subdivision approval) of Change of Zone Ordinance No. 13 98 be forwarded to the County Council. Condition K(deadline for fair share payment) was previously amended to require fair share to be due and payable prior to Final Subdivision Approval. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant, (formerly Puluwai, LLC), is requesting a seven(7)-year time extension to comply with Condition C (time to secure final subdivision approval)which states "Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7)years from the effective date of this amendment." Additionally, the applicant is requesting a seven(7) year time extension to comply with Condition K (deadline for fair share payment) the relevant portion of which states "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation,fire;police, solid waste disposal facilities and roads. 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."The deadline to comply with these conditions was October 9, 2020, pursuant to Ordinance No. 13 98 which amended Ordinance No. 05 110 which amended Ordinance No. 92-7, which changed the district classification from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet(RS-10) to allow the subdivision of the property into twenty-one -1- a I I i approximately 10,000-square foot lots. i The amendment request is the result of conditions that could not have been j i foreseen or are beyond the control of the applicant, successors or assigns, and that i are not the result of their fault or negligence. According to the applicant, the subject a property was purchased as a partnership in 2008. With the downturn of the economy, I i one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to i withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa i Trust. After resolving the partnership issues and granted a time extension, the applicant a began making improvements to the property. However, according to the applicant, they had already started other projects with time requirements mandated by financial institutions involved in funding those projects, making it difficult to continue progress on 3 conditions for the subject proposal. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C and Condition K. Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and partnership pressures, which was beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which designate this area as Low Density Urban. These areas include residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. Additionally, the use continues to be consistent with the Land Use element of the General Plan. The requested Single-Family Residential zoning would continue to be consistent and compatible with the transition of this particular section of the Waiakea area into -2- residential uses. This area consists mainly of residential subdivisions. To the west is the Kula Ridge Residential Subdivision consisting of lots zoned RS-15, to the east is the Komohana Estates Subdivision consisting of lots zoned RS-15 and to the south across West Kawailani Street is the Ku`ulei Subdivision consisting of lots zoned RS-10, as well as other residential subdivisions. A letter of opposition from a neighbor to the north of the property, dated March 15, 2021, raises concerns with the adjacency of the proposed residential subdivision to existing lands zoned Agricultural. This area of Hilo has been in transition from older Agricultural lands to new residential subdivisions, and the subject project is in accordance with this. The request is not contrary to Zoning Code and is not contrary to the original reasons for granting the change of zone. The property is located within an area adequately served with essential services and facilities such as water, transportation systems and other utilities. Access to the property will be from an adjacent 50-foot roadway lot that runs along the western boundary, which connects to West Kawailani Street. Condition D of Change of Zone Ordinance No. 05-110 requires that interior subdivision roads be provided with curbs, gutters and sidewalks meeting with the approval of the Department of Public Works. Additionally, Condition F requires a 10-foot wide road widening strip along the Kawailani Street frontage of the property. Lastly, a condition of tentative approval for SUB 92-000010 requires an additional 10-foot wide "no vehicular access"planting screen easement along with the 10-foot wide road widening strip, which runs along the Kawailani Street frontage of the property. The Department of Environmental Management is recommending installation of a dry sewer and onsite treatment system for the proposed subdivision or connection of the subdivision to the public sewer once it becomes available, in accordance with Section 21-5 of the Sewer Code. The nearest County sewer line is located over a mile from the subject property and there are no projects planned in the foreseeable future to extend the County sewer to the property. Historically, the Department of Health has allowed individual wastewater systems to be installed on properties where a public sewer is not available. A policy shift to require dry sewers for all new subdivisions should be applied universally rather than on a piecemeal basis through rezone ordinances. Additionally, this new -3- i l i requirement would add significant cost and reduce affordability of new homes during a time when Hawaii County is trying to improve home affordability for its residents. For these reasons, the Planning Director does not support implementing DEM's recommendation for this rezone amendment and instead supports installation of individual wastewater systems to service the proposed subdivision. Based on the above discussion, the granting of the amendment request continues to be consistent with, and not contrary to, the General Plan, Zoning Code, and the original reasons for granting the change of zone. 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 corrunencement or establislunent 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 above findings, it is recommended that a favorable recommendation of the applicant's request to amend Change of Zone Ordinance 13 98, along with other housekeeping amendments,be forwarded to the Hawaii County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 13 98 is provided for your favorable consideration. (Material to be deleted is bracketed and struck through and material to be added is underlined). -4- OJ�tIt OF COUNTY OF HAWAII {' STATE OF HAWAII BILL NO. ORDINANCE NO. CFLNgtA11 . AN ORDINANCE AMENDING ORDINANCE NO. 13 98 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—3 ACRES (A-3 a)TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-003:POR. 021. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2 of Ordinance No 13 98 is amended as follows: "SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2-0 Edition)] (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. INSERT CONDITIONS -1- 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 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 HAWAII Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- IP s*l.. 47 4 1 • - f7 . ,:: ':'�'E''_�:':y"s;�:rtJ�i::i!�t3...: .�.:-.->:r:�.:�!s.�1rbR�'�::•��`'*1:� .'::..: :...:.-:-. -J�.,.'�'-..�T..'..: ���'' .:.�-..:.'.:' �: :-.:.^.c+.:,--:-s: . :#. ..... ��Cia".. %r " "�► rtc: . e ..: ..... tiir!if:a:•.'a/ i^:`:`.a i p.JON :'j s ' ..... .:.... . :tN7:11 , ri ►.' T� `;t�'.r�'�.d.:.;L;Z:.. :> ? "a" ` 1 is :;:•:'.:;..:::; .::: ;; ! *'; '. ' k'l,:tt-. :. KRISTILEE&HENRY CORREAJR.TRUST # - V REZ 705 90-000044 :'..: ( ) (Amendment to Ordinance No. 05 110 which amended Ordinance No. 92 7) s Mrrea-AinendREZ705.j ma-05-28-21 KRISTILEE & HENRY J. CORREA JR. TRUST AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705) CONDITIONS OF APPROVAL A. The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; B. [The fequifed water-eemmitment pa��ent shall be submitted to the DepaAme of Water- Supply in aeeofdanee with its "Water-Commitment Cfaidelines " within ninety days from the arm etive date of this amendment] 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 of the proposed subdivision development shall be secured within seven(7) years from the effective date of this [afnend-met#] amended ordinance; D. Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, [ ] County Streets, of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; E. Underground utilities shall be constructed; F. A 10-foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; G. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works prior to Final Subdivision Approval; H. The method of sewage disposal shall meet with the [appal] requirements of the [ ] State Department of Health; I. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; J. [ , sheh coneentfations of human bttr-ials be eneeuiitefed, work in the State Histor-ie Pfesefvatien Division(DLNR SHPD) shall be immediately notified. Subseqttet#,v�,or-k shall pr-eeeed upon an archaeologiea4 elear-anee from DLNR SHPD when it finds that sufficient mitigation measufes ha-ve been take In the 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, the applicant shall 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. K. [The applieant shall make its fair-share eantr-ibution to mitigate the poten police, solid waste disposal facilities and r-oads. The fair-shafe eontr-ibutien sha4l be initially based on the r-epresenta4ions eentained within the ehange of zene applieation and may be ine+eased or-r-edueed proportionally if the lot eeupAs afe- adjusted. The fair-share een4r-ibution shall beeeme diie and payable prier-to feeeipt of Final S4divisien Appfoval. The fair-share contribution for-eaeh lot shall be based an a maximum density for eaeh lot as detefmined by the zonin r-esultin.g, from this ehange of zone. The fair-share eontr-ibution in a fafm E)f eashF eontr-ibutien shall ha,- a eambined value of$13,081.99 per-single -2- units.family r-esidefAia4 unit. Based upon the applieant's r-epr-esentation of intepA to develop a total of nineteen (19) single family residential 1-111—its,the ifidioated total of fair-share eontr-ibution is $248,557.81 for-the single family residential However-, aetual ftumbef of units aeeor-ding to the ealeulation and payment provisions set foAh in this eondition. The faif share eentfibution per single family fesidential unit shall be allaeated as fbilows4 $6,308.37 pef single family rest a, tit unit fo f the,,:,,vtee 4i o) single f:,.,,;ly.widen,-: units for-an indieatedtotal of$119,859.03 f�R�iti�ile r $304.32 pef single family resideRtial unit for-the nineteen(19) single family r-esidefttial units f r ., indieated total of$5,782.08 t �t,o $601.06 per single family residential unit for-the nineteen(I 9)single family residential units for-an indieated toW of$11,4 20.14 to the County to suppoft fire faeilities; $-263.15 per single fafaily r-esidentia4 unit for-the nifieteen (19) single fn,,,;ly residential, ,,its for-a indieated total of$4,999.85 to the County to support salid waste faeihfies-, $5,605.09 f: nn pe single ,,,-.ilyfeside. tia unit for-the ri etee r4 n) single family residential units fof an indieated total of$106,496.71 The applicant shall make its fair share contribution to mitigate� the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval and shall be based on the actual number of additional residential lots created. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted -3- annually beginningthree hree years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a combined value of$15,057.57 per single-family residential lot. The total amount shall be determined with the actual number of residential lots according to the calculation and payment provisions set forth in this condition. The fair share contribution per single-family residential lot shall be allocated as follows: 1. $7,261.03 per single-family residential lot to the Count to o support park and recreational improvements and facilities; 2. $350.27 per single-family residential lot to the Count t�pport police facilities; 3. $691.83 per single-family residential lot to the County to support fire facilities; 4. $302.89 per single-family residential lot to the Count t�pport solid waste facilities; and 5. $6,451.55ep r single-family residential lot to the Count t�pport road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This -4- } 1 requirement shall be approved by the [Geufity Housing ^gene > Administrator of the Office of Housing and Community Development prior to final subdivision approval; N. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval. A copy of the recorded covenant shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; O. There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated [ ] "AH"[ of"shaded" cnx�X-zd� " Zo " "] by the Flood Insurance Rate — Maps (FIRM) [wept that subdivision roads e-an be '=dig ad one iWn]. Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. 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 recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; P. Should any infrastructure improvements related to the KawailanilKomohana Streets intersection be required of future developers, the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation -5- 7 i { i I with the Department of Public Works or any County agency having jurisdiction over any future infrastructure improvements; The appheant, sueeessefs or-assigns shall be fespensible for-paying any additio real pfepefty taxes ewed as a result of withdrawing the property ffem dedieated a0eu4t,,f l use to reside fitiul'use ppfie to the sale of any lam] [R-.]Q The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; [S-.]R. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include,but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and [T-. S. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -6- /-v D 7� rn 37, ;u r-4 rn - --.-4 z 00cn rn Z M M o go M z z rn O -� -n N L. 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I --F-7-7IITL4-4 �_i IIFj� 4J1 _1 _. — �� T- T-7-7- --i _ 1.1L L I S Cn --4-,--r -tTT r rT� COUNTY ZONING ■ T —� L� 1 -4 -4 I- - -- D �. r-–T fl n T-T t T ? l F–IF T{–T -77 --r-r'-__ I -- i -:.I T T I i1T -TT 1-��-� � —� 4–T 11 f.,• 1 1 -,rTR TTS_ `�` - '� I T�r $ DILL- --T �7 T 1 I,—Z '• Y_-L~ TT T I I 1_l .O rrr�r- 61 { � +J } + D �r1 yn �TTTI t 1 _--- - - - If _ I i J LL ; I1Iut- I _ _� L_; T TL- TTT -{ ::� `Y I�rrr T I T TT1L1� 4j -TT II iYt ^" I �-� T -tl II 1 i4 r � trtr _ 111 { ii�I������� �T_� -T-17 I- 17 TT T � 'I T-L 1, �' f -I �'' i�i{r it i I 1 - I-�yL �r-� r I �- � I r i 11�, ,Mt Y� 7. - -1 T r- T- TT7TTTT I { y 1 -i_-_1 �IFIT i � L [� L STATE . BOUNDARY D ---a - nv�n _ I. IIS �� S1 1',I1V 411',.5 .f I I�s f, � �t— T --1 +� 1- � � ,� D m +- f" i rl r T-- -_ Z Z F` j T'T-( 1TTI 11 1111 +I�� L�� I I I 1 T �.6kFT 1 _.j- l f,i >Ptis't�pr'41Ys -r T,i 'f TT — I T —``— I -a T 1 —� —I JL T — _T I 1 1 1 Cern - D r I'.-,U1U°J 9tb llU.4 ". i! £ Y. r Imw 4, 11 tf AERIAL PHOTOGRAPH p •Y ,i � t •,d tom. m.T d(7n 1 tlNU '„� ift x i aai F; 1 g K ------------ -4 $ N I I F 1 Elm APPLICANT' S PROPOSED SUBDIVISION � E � 9 II ; I i f ` w i s- s 1 5 i•.�'4 t at/t 9� k - � C a �;(�, t � n5, y ; WIT V-7 w. a .' �• t wa—kala • t a. n, LF _ r -I,- SITE PHOTOS I m 00 0 0 w `; Z y 0 n Z n 0 � 'AU rn ,� G �•n rn D Vj n ' n r� rn O ' t{` ' 0 SITE PHOTOS fi m � O D � s z WTI rn D C/) Z rn �� Ar r I'I \ rn � O D z cn rn r F _.. -li V/J t rn cn � � N � 0 D n > Z 70pZ Nco G� o � D o rn �D 70 n rn O 000 0 _ zD O > -n 4WE Z r rnn -n y 0 70 rn rn7a � n > 0 0 3: 3: 3: morn m K z � o rn � � � Z � cOC/) O -iz Z 0