HomeMy WebLinkAboutCOM 0396.000 2000-2002 JN?y'oF H'~y.
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Harry Kim ~ Christopher J. Yuen
Mayor Director
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g' Roy R. Takemoto
Deputy Director
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PI.ANNIIedG DEI'AIZ'TMIEIVT`
25 Aupuni Street, Room lOR • Hilo, Hawvaii 96720-4252
(808) 961-8288 • Tax (808) 961-8742
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October 16, 2001 ~
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Mr. James Gannon ~ » " <
74-5000 Mamalahoa Highway , ~ ~
Holualoa, HI 96725 " r~
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Dear Mr. Gannon:
Change of Zone Ordinance 96-133 (REZ No. 834)
Applicant: James P. Gannon
Subject: Extension of Time to Condition B (Secure Final Subdivision Approval)
Tax Mai Key: 7-3-011:043
Thank you for your letter and attachments of October 1, 2001, providing a status report
on REZ No. 834. Based on the letter you received from Department of Land and Natural
Resources -Historic Preservation Division (DLNR-HPD) dated May 18, 2000,
Conditions F and G of Change of Zone Ordinance 96-133 have been met.
Regarding your request for an extension of time to Condition B of Ordinance No. 96-133,
you state that the reason you are requesting additional time is due to current economic
conditions in Kona Hawaii. Condition B states as follows:
"B. Final Subdivision Approval of the proposed development shall be secured
within five (5) years from the- effective date of this ordinance."
Based on your request for a time extension and the reason provided, the Planning
Director has determined that non-performance is beyond the control of the applicant and
that the granting of a time extension would not be contrary to the General Plan, Zoning
Code or original reasons for granting the request. The Planning Director hereby grants
you an extension of time until Oct®ber 23, 2006 in which to secure Final Subdivision
Approval. Please be informed that should you need an additional extension of time, your
request with reasons, 20 copies of that request and a $250 filing fee shall be submitted to
this office for a public hearing with the Planning Commission.
Corm. Nos,~,,,~...;
1o`ile No.
Fccf. ~o:.~.._ .
Mr. James Gannon
Page 2
October 16, 2001
Should you have any questions, please contact either Eileen O'Hora-Weir or
Susan Gagorik of the Planning Department at 961-8288.
Sincerely
.r
CHRISTOPHEI~.J. YUEN
Planning Director
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p:\wpwin60\eileenU etters\Lgannon Rez834
xc w/ltr: County Council
Planning Commission
Planning Department -Kona
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.~~1~~''~' ~1~~ ~ t '91.(11
74-50001Vlamalahoa Hwy.
Holualoa, Hawaii 96725 1'H# 808-329-7373
oldhawa~i~inter ac.net Fax#808-329-2152
County of Hawaii
Planning Department
Attn; Mr. Chris Yuen ,Director
25 Aupuni Street, Rm# 109 PH# 808-961-8288
Hilo, Hawaii 96720-4252 Fax#808-96.1-9615
Dear Mr. Yuen;
RE: Change of Zone Application (REZ 96-10) _
Applicant: James P. ti-annon
Request: Unplanned to RS-10
Ordinance No. 96-133 and Amended Zoning Map
..,r
Tax Ma~Key: 7-3-11:43
Effective Date: October 23, 1996
We have completed items (F.) and (G.) in Ordinance No. 96 133 Bi11323 .
(see enclosed Dl?NR , HPD, letter dated May 18~` 2000)
We have also paid the required water commitment deposits to the
Department of Water Supply. (see enclosed letter dated July 18~` 2001)
We request an initial extension of time for the performance of conditions
within the ordinance.
The time extension requested would be for a period of 5 years because of
present economic conditions in Kona Hawaii.
Sincerel
l
Ja es annon
Encls.
ri>
BENJAMIN J. CAV ET AaNO /f PIMOTHY E. JO>awE. CMAlRI~dtON
GOVERNOR Of RAWAII ~ ~ BCAAD OF W+D ANO NATURAL RESO URGES
i
~fBYJTlE3
:AN ET E. RAWELO
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9CAT:NG ANi ~CEA7d RE! •E~.-.~
r~ CCH SERVA"CN AND RE SC ~RCES
' ~DE~~R~T~ENT OF LAND AND NATURAL RESOURCES EhFJRCEME~.T
.CN'~~~sNC ES
-HISTORIC PRESERVATION OIVt510N FG~ES'Q~ AND w~;,~ ~E
Kekunl~swa Building. Room 557 -IIsTCFIc PRESE~b~T•ON
' 5C1 KamotJa Ba.~mvera L41vD
t„. ~ Rapwa, Maw r~ 967C7 STATE PARKS
WATEq RE50 URGE MAAAGEM Eh'
May 18, 2000
James P. Gannon
Old Hawaii Realty
??-6425 Kuakini Highway, Suite A-104 LOG NO: 25341
Kailua-Kona, Hawaii 96740 DOC NO: 0004M~0?
®ear Mr. Gannon:
SUBJBCT: Review of Report (Haan anc9 Associates 002-020'700), Archaeological
faec®rding, IUlappirrg, acrd Subsurface fiesting (Haan 2000)
Harnanarraana, North bona, Hart>rai6 Island
TM1~C: (3)7-3-11:43
Thank you for the two copies of the above report for our review and comment. We are sorry
about the delay in responding to your request.
Because of the nature of the site we requested only recording, mapping and subsurface
testing of the features, instead of an inventory level survey. fibs written descriptions, maps
and photos contained within the submitted report are acceptable in this regard. Seven
features including two walls, two enclosures, firvo C-shapes and a circular feature were
recorded as site 21830. These are temporary habitation sites with agricultural features.
We agree with your significance assessment that site 21830 is significant for its information
content.. The site yielded information important for the understanding of historic settlement
and agriculture in the project area. We also agree that the site has been adequately
documented and no further work or preservation is needed.
The subject report is approved without revisions, thus concluding the historic preservation
review. If you have further questions please call Pat McCoy at 692-8029 (Honolulu), or Marc
Smith at 933-0482 (Hilo).
Aloha,
~ , /.i%
,
DON HIBBARD, Administrator
State Historic Preservation Division
MS:gb
c. Haan and Associates
Archaeological, Cultural, and Historical Resource Management Services
HCR 1 Box 4730, Keaau, Hawaii 96749 Phone: 982-7755 Fax: 982-6343
February 8, 2000 Project 003
NIr. James P. Gannon
Old Hawaii Realty
77-b425 Kuakiru Highway, Suite A-104
Kailas-Kona, Hawaii 96740
Dear Jim:
Enclosed are three bound copies and one unbound camera-ready original of the site report
for TNIK:3-7-3-11:43, Hamanamana, North Kona, Island of Hawaii. Two copies are for
your submission to the Department of Land and Natural Resources-Historic Preservation
Division (DLNR-HPD) if you find the report acceptable. Please copy me on your
transmittal letter so I can monitor the progress of the DLNR-HPD review.
Also enclosed is an invoice for the second progress payment.
If you have any questions or comments, please contact me at 982-7755.
Thank you for the opportunity to provide you with archaeological services.
Sincere
{
Alan E. Haan, ~ h.D.
Principal Investigator
Attachments (5): 3 bound reports, unbound report, invoice
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.°tir ;~r4 345 KEKUANA^vA STREET, SUITE 2G ~ Hi~G 'rrAYVAIi 96720
YAF HAW A~' .I '
TELEPHONE 1808) 961-8050 FAX i80'8°) 961-865+7
July 18, 2001
Mr. James Gannon
74-5000 Mamalahoa Highway
Holualoa, HI 96725
WATER COMMITMENT DEPOSIT
C~IANGE OE ZONE APPLICATION N0.96-10
TAX MAP KEY: 7-3-011:043
This is to acknowledge receipt of the required $900.00 water commitment deposit for the proposed
subdivision. We are enclosing Receipt No. 226256 for your files.
In accordance with the Department's "Water Commitment Guidelines Policy," a water commitment
for six additional units or the maximum of 3,600 gallons per day is hereby granted until July 31, 2004.
Please keep in mind that the prompt payment of the annual commitment of $150.00 per unit, due by
July 31 of each year, will be the responsibility of the applicant. The Department assumes no
responsibility in notifying the applicant of the upcoming deadline.
Should a subdivision application be executed, approval will be subject to the following conditions:
1. Construct necessary water system improvements, which shall include, but not be limited to:
a. Water mains capable of delivering water at adequate pressures and volumes under peak-flow
and fire-flow conditions (minimum diameter of mains shall be 6 inches);
b. Service laterals that will accommodate a 5/8-inch meter to each lot; and
c. Fire hydrants spaced not more than 600 feet apart.
Submit construction plans and design calculations prepared by a professional engineer, registered
in the State of Hawaii, for review and approval.
1/Vuter brir2~~ ~ro~Cre~~...
Mr. James Gannon
rake
July 1 S, 2001
2. Remit the prevailing facilities charge balance and capital assessment fee, which are subject to
change, of $26,140.00 and $3,000.00, respectively. Water commitment deposits are credited
towards the final facilities charge requirement for the development. The breakdown is as follows:
Facfllities Charge:
First unit of water $ 940.00
Six (6) additional units at $4,350.00 per unit 26,100.00
Water commitment deposit - 900.00
Sub-Total $26,140.00
Capital Assessaxflent Fee:
6 units at $5:00.00 per unit 3,000.00
Total $29,140.00
Note that the amount of water commitment deposits may exceed the prevailing facilities charge
amount; for example, when requests for time extensions continue and are approved. Until the
development is finally completed, these are separate and unrelated items. In the event that water
commitment deposits exceed the facilities charge, no refunds are applicable.
3. Submit the appropriate documents, properly prepared and executed, to convey the water system
improvements and necessary easements to the Water Board of the County of Hawaii. A registered
land surveyor shall stamp and certify the metes and bounds description within the conveyance
documents. Conveyance of the improvements and easements is required prior to the water services
being granted.
4. Comply with all other applicable policies and requirements of the Department's Rules and
Regulations. Noncompliance may be cause for voiding this water commitment, at which time
water availability will be subject to change in accordance with the prevailing water system
conditions, policies, and Rules and Regulations.
Should there be any questions, please contact our Water Resources and Planning Branch at 961-8070.
Sincerely yours,
ilton D. Pavao, P.E.
Manager
SHK:jh
Enc.
.
~ ~ ~ AVVII ® AWAIT
. , ~ , ~ ' ~ ILL N(~. 323
. _ (Draft 4)
®ItDINt~NCE N®.
AN ORDINANCE AMENDING SECTION 25-87 (NORTI€ KONA ZONE MAP), ARTICLE 3,
CHAPTER 25 (ZONING CODE) OF THE HAV6tAII COUNTY COD1~,13Y CLANGING THE
DISTRICT' CLASSIFICATION FROM iJNPI,A1eTNED (LJ) °TO SINGLE FAMILY
RESIDENTIAL (RS-t0) AT' i{AI.AOA 1ST ANTS 2I~iD, NORTIi KONA, HAVa~AII,
COVERED ~Y T°AX MAP KEY 7-3-11:43.
EE IT ORDAINED DY THE COUNCIL OF TI°~ COUNTY OF I~?~VAII:
SECTION 1. Section 25-87, Article 3, Chapter 25 (Zoning Code) of the.I°Iawaii County
Code, is amended t® chaaage the district cIassi~ication of property described hereinafter as
follows: '
The district classifscatiora ofthe followuag area situated at Kalaoa 1st and 2nd,
Noath Kona, Hawaii, shalt be Single Faaiaily Residential (RS-10):
being at a 3/4 inch pipe (found) at the southeasterly corner of dais parcel of land, being
also the northeasterly corner of Lot A-122 of Kona Highlands, Section 1-A (File Plan
688) being also a point on the ~resterly side of the Hawaii Belt Road (F.A.F'. Project No.
F-10 (S~ the co®sdinates of said point of be ' g referred t® Govern~ezat Survey
Z°riangsalatior: S*,~on °"M~
4Ni7T~
~~A'~ beiaag 4,? 55.02 feet s^~stt' aid 8,798.70 feet
west and 8 by uths measured clockwise front die south:
1, 88° ZS` 195.63 feet along the northerly side of Mihalani
Street to a 1/2 teach pipe (set),
2. 178° 2S° 456.90 feet along Lots A-25 th~a A•30, inclusive, of '
Kona I°ii ands Stabdivision, Section A
(File Plan 688) and along the rcrnainder of
Grant 3027 to I-ieuheu to a 3/4 inch pipe
(found);
3. 268° 47" 08" 203.44 feet along Lot 3-A and atong Grant 4123
1S. W. Haiha to a 3/4 inch pipe (found);
_ .
'I~tence, following along the westerly side of Hawaii 13e1t Road (~'.A.P. Project No. F-10
f9~ R ¢"97S~a~ ~tv w1~~'? [~.1uc of
5,769.Sg feet, the chord utlt and
distance being:
4. 359° ~3' S5" 455.65 feet to the point of beginning and containing
aaz area ®f 2.059 .
All as shown on the step attached hereto, rrtarked Ezchibit "A" and by reference
rrtade a part hereof.
SECTION 2, This change in district classification is conditioned upon ills following:
~i. The applicant, its successors or assigns 5e responsible for cortiplying with all of
the stated conditions of approval.
Final Subdivision Approval of the proposed development shall be secured
within five (5) years -from flee effective date of this ordinance.
C. 'I`o address pedestrian and bicyclist safety, driveway access(es) and roadway
irnproventents, including but not limited to paved shoulders along the subject
property's IvlahiIarti give frontage, transitions, striping, and relocation of utilities,
shall be co cted prior to finial subdivision approval artd is a manner meeting
with the requirements grad approval of the I~epartrrtetit of Public V6lorks. Access
to the proposed lots shall be limited to one access point and taken only from
IOslahilaoi Brave. in lists of actual construction of infrastructural improvements as
required herein,. the applicant yrtay enter into an agreerrtent with the Planning
T~irector and the l~epaa°tnnient of Public works, of applicable, to assure the County .
that the infrastructural itrtprovernents will be constructed together with the
.appropriate bond, surety or other security deemed acceptable to the Planning
director and Corporation Counsel. Upon execution of such agreement and/or
fling of the security with the County, final subdivision approval for the subject
-2-
property or portiorss thereof, ~y be granted prior to the actual construction of
required ' aural improvements unless otherwise restricted herein,
D. Any itnprovegnents within the Hawaii belt Road shall be constructed in a manner
meeting with the requirements and approval of the State Departffient of
Transportation Highways Division prior to the issuance of Final Subdivision
Approval.
E. Drainage, water system irt~proveYnents and wastewater disposal system shall meet
the approval of the I)eparttnent of Public Works, Department of Water Supply
and/or State Department of Health.
F. An archaeological inventory survey shall be conducted and a report shall be
submitted to the Department of Land and Natural Resources-Historic l~reservati®n
Division (DLNR-FIFO) for revicw and approval prior to the issuance of any land
alteration permits or issuance of Final Subdivision Approval, whichever occurs
first. Any r work detergnined t® be necessaay by the DLNR-FiI~D shall be
prepared and approved by DLNIt
IUD prior t® issuance of any land alteration
permits or issu~ace ®f Final Subdivision Approval, whichever occurs first.
G. _ Should any unidentified sites or. remains..such as artifacts., shell..bonp, or
charcoal deposits, h burials, roc9c or coral alignments,. paving, or walls be
enc®untered, work in the imffiediate area s1~ll ceasc and the DL,I~1R-FIFO shall
' lately notified. Subsequent work shall pr upon an archaeological
cle from DLNR-D when it finds tit sufficient mitigative measures .
have n n.
-3-
'I°he appli~nt slaa~ll make its fair shame cota~ib 'on to mitigate the potential
regional iffi of the subject property with respect to parks and recreation, fire,
police, solid and disposal facilities, and roads. °fhe mount of the fair share
contribution shall be the sum which is the product of txaultiplyin~ the nucnbcr of
residential lots proposed to be subdivided by the amounts allocated he~inbelovar
for each such lot, ~d shall become due and payable prior t® subdivision
approval for any portion of a subject property or its ixtcYexxaents. ~f'the subject
property is subdivided in t~ao or more incretaeats, the amount of the fair share
contribu~on due and payable prior to fixa~l subdivision approval of each increment
shall be.a s calculated ixt the sarne:xnatmer accordixa~ to the number of proposed
residential lofs iaa each such increment. 't'he fair share contribution array be in a
form of cash, lased, facilities, or any coxnbinadon thereof acceptable to the director
in consultation with the affected agencies. T1ae fair share contribution shall have
a ~cixnuxn combined value of S',239.16 per lot. used upon the applicant's
represexatntion of intent to subdivide axed develop up to four (4) residential lots, the
indicated t®tal fair -share contribution is Z~,956.64, hovvevcr, the total amount
shad be increased or educed ix~ proportion with the actual- number of subdivided
lots accordan.~ to the calculation and payrnent provisions set forth in this
Condition I~. °1°he fair share contribution shall be allocated ~ follows:
1. $3,49®.IIS per lot for an indicated total of $13,963.40 to the County to
support park and recreational irnprovetnents and facilities;
2. S1b~.40 per lot, for ~ indicated total of 5673.b0 to the County to support
police facilities;
3. 5332.61 per lot, for ~ indicated total of $1,330.44 to the County to
support fire facilities;
y t q 1 .m•,I. ..abn~ bm~hc~ .AP n._, AI.. ..-.,.4-....
solid waste facilities; and
5. $3, l0I.68 per Iot, for an indicated total of 512,406.72 to the State or
County to support road and c improverneats.
`I`Iae fair share contributions described above shall be adjusted anaiually beginning
three yens afier the effective date of the change of gone, based on the percentage
change in the hlonolulu Consumer Price Index (~ICPI). In lieu of paying the fait
share contribution, the applicant ffiay construct and contribute land,
improvements/facilities related to parks and recreation, fire, police, solid waste
disposal facilities, and roads within the region impacted by the proposed
development, subject to the approval of the director. 't`he cost of constructing the
roadway i~xaprovergaents required ita Conditions C and D shall be credited against
. the suxt~ specified in Caadition MI(5) relating to road sad traffic improvements.
I+or purposes of administering Condition I~, the fair market value of land
contributed or the cost of any improvements required or made is lieu of the fair
share contribution shall be subject to the review and approval of the director, up®n
consuStation with the appropriate agencies;
I..._ . Should nay of ~e proposed lots within. t>~ subject property be further
subdivided into approxiffiately 1,000 square foot lots, restrictive covenants in
the deeds of all such lots within the subject property shall prohibit the
consction of an ohatia dwelling or a second dwelling unit on each lot. A coPY
of the cove is with this requirement shall be subffiitted to the Pl g Direct®r
for review and approval and a copy of the approved covemm~t shall be recited in an
.
in ent executed by the applicant and the County in conjunction with final
subdivision approval for any portion of the subject property. A copy of the
0~m
gecorded doe ent xhail be f Ied with, ;e Pl g Director upon its receipt from
the ~ ~ of Con~rey~aces.
J. °To ensure that the goals and policies of t6c dousing Element o~ the ~ne~ Plan
are i~ple~ented, a Ii t shall secure the cone ce ®f a Gce of
dousing ~d Conaznunity 1~cvelopffient fleet the applicants le housing
rcq anents, if any, have n ~utaaally d to prior to Final Subdivision
Approval for any 'on of the subject properey.
K. Comply with applicable laws, rules, xegulations end ~~uirenxeats of other
~€ected agencies for approval of the developanent. '
I.. Aaa initial extension of time for the perfo~aance of conditions within the "
ordice y Iie granted by tae Planning Director upon flee foliovvin$
circt~ss s:
1. fihe non-perform.
a~cd is the resaalt of conditions that could not eve been
foreseen or are beyond the control of the applicants, successors or
assigt~, and that are not the result of 8heir fault or negligence.
2. Granting of the tune extension would n®t be contrary to ttie General Flan
or ~o~g Code.
.
3. G~°anting of the tune extension would not be co to a original
reasons for the greeting of the change of zone.
'Y`he tune extension granted shall be for a period not to exceed the
period originally granted for perfo ce (i.c., a condition to be
-6-
performed v~+ithin one year nay be extended for up to one additional
year} .
M. Should any of the conditions not be met or substantially cornplied with in a '
tiffiely fashion, the Director shall initiate rezoning of the area t® its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION ~4. This ordinance shall talGe erect upon its approval.
INTRODUCED ~Y:
COUNCII,~ I~ ER, C® Ol~ I~WAII
Milo, Hawaii
Date of Introdtaction: 1996
bate of 1st Readan~: ® 2, 199E
Date of ~ lteadan~g: ® 16, 199E
Effective Date: Oetob~' 23, 1996
APPROVED ~S TO EORIvI ~1F) l;~E(a~iI,ITY
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~~lENaii~G ~ECTiON 2~®S7 ~NORTN K~Na~ ~®NE ~~P) ARTICLE 33 C~t~PTER 25 (QNtNG
CGOE} ~f 3i°iE H~aY~Aii COUNTS C60E, ~Y CHANGING T~iE OISTR4CT CLASSifiCATi~N FROM
UNPi~iNt~EO ~U) TO SINGLE FAMI~If RESIDENTIAL (RS®10) AT KALAOA 1st ~ 2~dp NORTH!
K4Ne~, i~a~AiE.
~~u~~ ~a~w~aii
6vIAY 24, 1996
~IbC 7--3-11: +43
S~ii,~~ . a~i~Yl . ~r~ o®eo~ ,~ao e~~ ~
r f~• ~ P r r R ~A ~R~
L o i~~~ r
Iattgodx~ced ~y: Tak~t~ D~r+iaac~ ~
Daae Ints~di.eced: 2. 1996 ~
~i~t gZeadiazg: 2 1.496 ~lra6~ X
Y'ubiisflt~d: Oct~b~' 9. 1996
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Saii4ps X
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(Dim
Sec®nd Reading: October` lfs. 1996 AYE N~~ ~ ~E?C
'T® Iviay®r. Octe~ 17, 1996 ~
lied: O 23, 1996 -
Effective: 23, 1996 ~ ~ X
Prsblistaecf 199E ~
i1e i1~ ~C
REM~I2ICS: ~
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i i?~ ~I~Y CUSP that the f®re~aaa~ ~II.i. ~~®pted by thr ~Sar C~sea~aT ~ ~aabIashrd ~
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