HomeMy WebLinkAboutCOM 0452.000 2000-2002 ~~v~®a.
Marry dim Dixie Kaetsu
Mayor ~ Managing Director
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D„~uty ~lanaRing Di/~ector
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 ;
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808) 329-5226 • Fax (808) 326-5663
December 17, 2001
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 98 87, Which Amended Ordinance
No. 90 008 (REZ 655)
Applicant: Elwin F. Hussey
Request: Amendment to Condition "C" of Change of Zone Ordinance 98 87
(Secure Final Subdivision Approval)
Tax MKev' 5-9-7:7
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincer ly,
Harry Kim
Mayor
L111601MAY
Enclosures
cc: Planning Department ' ~d~a .
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Harry Kim cP,:';~~,
Mayor
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I'LANNII®TG COMIl~IISSI®N
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808)961-8288 • Fax (808)961-8742
?,~c i 7
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 98 87, Which Amended Ordinance
No. 90 008 (REZ 655)
Applicant: Elwin F. Hussey
Request: Amendment to Condition "C" of Change of Zone Ordinance 98 87
(Secure Final Subdivision Approval)
Tax Map Kev•
5.9_7.7
The Planning Commission, after a duly held public hearing on November 16, 2001, voted to
recommend for your approval the proposed legislative bill to amend Condition "C" of Ordinance
No. 98 87, which changed the district classification for approximately 28.832 acres of land from
Agricultural (A-20a) to Agricultural (A-3a). The property is located in Kohala Estates
Subdivision on the southeast side of Ala Kahua Drive, approximately 3/4 mile mauka of its
intersection with Akoni Pule Highway, Kahua, North Kohala, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the amendment request:
The applicant plans to subdivide the subject property into eight approximately
3-acre lots. He is requesting a five (5) year extension of time to comply with Condition C
of Ordinance No. 98-87, which requires him to secure Final Subdivision Approval.
The original request to change the district zoning designation for the subject
property was approved by the County Council effective February 13, 1990 (Change of
Zoning Ordinance No. 90-008). The Planning Director acknowledged receipt of
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
subdivision plans in November, 1991. Tentative Subdivision Approval was secured on
February 10, 1995. Final Plat maps were also submitted in February 1997. According to
Ordinance No. 90-008, Final Subdivision Approval should have been secured by
February 10, 1997. A time extension to secure the Final Subdivision Approval was
granted by the County Council effective August 27, 1998 (Ordinance 98-87 amending
Ordinance 90-008). The applicant has complied with the condition for an archaeological
reconnaissance survey report. The applicant's agent, Susan Fischer, has submitted annual
progress reports as required.
In the request for time extension dated July 20, 2001, the applicant's agent, Susan
Fischer stated that preparation work for the drainage system including culverts for three
of the four planned drainageways has been completed. Trenching for the proposed
waterline and underground utilities has also been completed. The drainage system and
installation of water and electrical conduits still needs to be completed. The applicant has
received materials to construct cattle guards and will be implementing the proposed
agricultural use and fire prevention measures. Therefore, the applicant has taken steps
and demonstrated the intent to complete the subdivision.
Furthermore, the applicant is applying for proposed revisions in the drainage
system including sedimentation ponds and gulch crossings with less gradual slopes.
These proposed changes require further topographic study, engineering, and processing
by the County. The applicant believes these proposed changes will result in a more
environmentally friendly subdivision. Sedimentation ponds will result in growth of
plants such as ilima creating green areas and reducing the requirements for supplemental
irrigation.
Agencies had no objections to the request.
Based on the above findings, the proposed amendment is not contrary to the
original reasons for approving the Change of Zone.
For your favorable consideration, an amendment to Ordinance No. 98 87, of the County Zoning
Code is transmitted.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
We are enclosing a copy of the staff background for your information.
Sincerely, .
G~ • .
Geraldine M. Giffin, Chairman
Planning Commission
Lhussey02PC
Enclosures
cc: Ms. Susan Wells Fischer
Mr. Elwin F. Hussey
Department of Public Works
Department of Water Supply
Brian Minaai, Director/DOT-Highways, Honolulu
BHussey0leaw-11 /6/01
COUNTY OF HAWAII PLAI~INING DEPARTMENT
BACKGROUND REPORT
ELWIN F. IIUSSEY
CIIANGE OF ZONE ORDINANCE No. 98-87 (REZ 655)
AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL)
Elwin F. Ilussey has submitted a request for an amendment to Condition C (extension
• of time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 98-87.
Change of Zone Ordinance No. 98-87 amended Condition B of the original Change of Zone
Ordinance No. 90-008 which rezoned approximately 28.832 acres of land from Agricultural
(A-20) to Agricultural (A-3a). The property is located in Kohala Estates Subdivision on the
southeast side of Ala Kahua Drive and approximately 3/4 mile mauka of its intersection with
the Akoni Pule Highway, Kahua, North Kohala, I-iawaii, TMK: 5-9-7:7.
GENERAL INFORMATION
1. Landownership: The applicant is the owner of the subject property.
2. February 13, 1990: Effective date of the original Change of Zone Ordinance No. 90-008
approved by the County Council.
3. May 13,1991: A one-year administrative extension of time to Condition E (submit
preliminary subdivision plans) until February 13, 1992 was granted by the Planning
Director.
4. October 15, 1991: Planning Director acknowledged archaeological reconnaissance
survey report in compliance with Condition D of Ordinance No. 90-008.
5. November 1, 1991: Planning Director acknowledged receipt of subdivision application
with preliminary maps and filing fee.
6. February 10,1995: Tentative Subdivision Approval secured from Planning Director.
7. February 27, 1997: Planning Director acknowledged receipt of Final Plat maps.
8. August 27, 1998: Effective date of the Change of Zone Ordinance No. 98-87 approved
by the County Council which amended Ordinance No. 90-008 by granting a time
-1-
• extension of three years to secure Final Subdivision Approval. (See Exhibit A -Change
of Zone Ordinance No. 98-87).
9. September 12, 2001: Planning Director acknowledged receipt of Request to Amend
Condition C of Change of Zone Ordinance No. 98-87. The applicant requests additional
time to comply with all conditions relating the rezoning and subdivision.
APPLICANT'S REQUEST
10. Request: The applicant proposes to develop an 8-lot subdivision. He is requesting an
extension of time for five (5) years to secure Final Subdivision Approval for the
development. Based on actions by the applicant, Final Subdivision Approval should have
been secured by August 27, 2001. The applicant's agent, Susan Fischer has submitted
annual progress reports as required under Condition K or Ordinance No. 98-87. In the
request for a time extension, Susan Fischer, states that all major grading has been
completed for all access roads and the sedimentation ponds. All cut areas have been
ripped and trenched to start laying domestic water lines and underground power and
telephone lines. A large PVC water line has been installed for use in agriculture,
landscaping, fire fighting, and to control dust and compaction. The installation of this
PVC water line will allow for compliance with Condition D of Ordinance No. 98-87,
which calls for substantial agricultural activity on the lots being rezoned. Three of four
drainageways have culverts in place. The applicant is applying for proposed revisions in
the drainage system including sedimentation ponds and gulch crossings with less gradual
slopes. These proposed changes require further topographic study, engineering, and
processing by the County. The applicant believes these proposed changes will result in a
more environmentally friendly subdivision. Sedimentation ponds will result in growth of
plants such as ilima creating green areas and reducing the requirements for supplemental
irrigation while providing compliance with Condition G of Ordinance No. 98-87.
Applicant has received a new grading permit (#4503) in order to complete grading and is
making arrangements to deal with water needs for controlling dust and compaction.
11. Supportive Information: In support of the request, the applicant has submitted the
-2-
following: (See Exhibit B -Letter dated February 10, 2001, response from the
Planning Director dated March 28, 2001, letter dated July 20, 2001, and letter dated
August 22, 2001.)
DESCRIPTION OF STATE AND COUNTY PLANS
12. State Land Use: The subject property is situated within the State Land Use Agricultural
' District.
13. Coastal Zone Management, IIIaS Chapter 205A: There are no identified recreational
resources, historic resources, scenic and open space preserves, coastal systems, coastal
hazard, marine resources or other natural and environmental resources that will be
adversely impacted.
14. General Plan LUPAG Map: The General Plan Land Use Pattern Allocation Guide
(LUPAG) Map designates the area for extensive Agriculture (pasturage and grazing).
15. County Zoning: The property is situated within the County's Agricultura120-acre (A-
20a) zoned district.
16. Special Management Area (SMA): This property is not within the Special Management
Area (5MA) of the County of Hawaii.
17. North 1Kohala Community Development Plan: The North Kohala Community
Development Plan (CDP) Land Use Concept Map recommends this area for Small Scale
Agricultural (PUD).
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
18. Subject Property: the property is part of Unit 1 of the Kohala Estates Subdivision,
which was approved by the County in July of 1971 (SUB No. 2999). This first increment
consisted of 461ots. The Keanahalululu Gulch runs through he property in a mauka-
makai direction.
19. Land Study Bureau's Detailed Land Classification System: The land classification
rating for this area is "E" or Very Poor.
20. Soil Survey: Soil is classified as Kawaihae series (KOC) which consists of somewhat
-3-
excessively drained, extremely stony soils that formed in volcanic ash. The surface layer
is extremely stony, very fine sandy loam about 2 inches thick. Below the surface layer is
stony silt loam. Hard pahoehoe lava bedrock is at a depth of about 33 inches.
Permeability is moderate, runoff is medium, and the erosion hazard is moderate. The soil
is used mostly for pasture, wildlife habitat, and recreation areas. The parcel is not
classified on the Department of Agriculture's Agricultural Lands of Importance to the
State of Hawaii (ALISH) system map.
21. Flora and Fauna: The property is sparsely vegetated with keawe trees, ilima, uhaloa,
and grasses. The property is currently used for grazing.
22. Archaeological Resources: An archaeological reconnaissance survey report was
approved by the Planning Department and the State Historic Preservation Division of
DLNR in compliance with Condition E of Ordinance No. 98-87.
23. Cultural Resources: There is no evidence of traditional and customary Native Hawaiian
Rights being practiced on the property, therefore no feasible action is necessary to protect
these rights.
24. Pulblic Access: There is no public access to the mountains or the shoreline that run
through the property.
25. FIRM: The property is located within Zone X, an area outside the 500-year flood plain.
26. Surrounding Zoning/Land Uses: The zoning designation for the adjacent properties to
the northeast and northwest is A-3a. The parcel to the southwest is zoned A-20a. Lands
to the southeast are zoned A-3a. Surrounding lands are in family residential uses, certain
agricultural activities, or are vacant.
PUI~LIC FACILITIES
27. Access: Access to the property will be from Ala Kehua Drive, which has an 80-foot wide
right-of--way and 24-foot wide pavement. Entrance to the property is situated at least 150
feet southwest of the intersection of Ala Kehua Drive and Iliahi Street.
28. Water: Water is available from the Kohala Ranch Water Company's private water
system. The applicant entered into an agreement with KRWC in which the latter will
-4-
commit to not more than 4,800 gallons of water per day.
29. Utilities: All other essential utilities and services are available to the project site. Electric
utilities are being provided underground.
AGENCIES' COMMENTS
• 30. Police Department (September 17, 2001 Memo): "Staff has reviewed the above-
referenced amendment and has no comments or objections to offer at this time."
3 L Real Property Tax Office (September 14, 2001 Memo): 6LThere are no rollback tax
consequences at this point in the subdivision process. Real Property taxes are paid
through December 31, 2001."
32. Department of Transportation (October 11, 2001 Memo)
" We have [no] objections to this time extension request." [Brackets indicate verbal
correction.]
AGENCIES - NO RESPONSE
33. Department of Public Works; Department of Water Supply; Fire Department;
Department of Ilealth; and Department of Environmental Management.
PUBLIC COMMENTS
34. The Department has not received any comments or objections from the general public or
adjacent landowners on the subject request.
-5-
.
J'~~.'•' ~ Y`'
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• 4- -:i' y
~r~ :l F'f`1 ~ '~~~_~:<_'>`4 BIL.I~ NO. 257
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(Draft 3 )
C T ~~0~ ANCE NO. 9~ X3'7
AN ORDINANCE AMENDING ORDINANCE NO. 90 008, WHICH RECLASSIFIED LANDS
FROM AGRICULTURAL (A-20a) TO AGRICUL`1°URAL (A-3a) AT KAHUA 15T, NORTH
KOHALA, HAWAII, COVERED 13Y TAX MAP KEY 5-9-07:7.
EE IT ORDAINED 13Y THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 90 008 is amended as follows:
"SECTION 2. This change in district classification is conditioned upon the following:
(A) The applicant, its successors or assigns shall be responsible for complying with all
of the stated conditions of approval;
(B) The ap li~a.~± succe~~ors or assi c chal~~~„~res~oonsible for com~l,~in~ with all
requirements of Chanter z05 Hawaii Reviled Statutes relating to ~ is~~le
c wi hin the tai .a~,d a A¢~cLl_fl~ra Dis 'ct
[(13)]Subdavision plans shall be submitted to the Planning Department within one year
from the effective date of the change of zone. Final subdivision approval shall be
secured within [one year from the date of receipt of tentative subdivision
approval) three e~a*s
,from t~,~ffective date oft 's ordinance. Minimum lot sizes
shall be determined by calculating the total area within the proposed lot lines
exclusive of easements for access and drainage purposes and future road wideting
setback areas;
[(C)]It shall be demonstrated to the satisfaction of the Planning Director that
substantial agricultural activity is being conducted on the lots to be rezoned within
three years from the date of final subdivision approval. For the purpose of this
condition, "agriculture" shall be defined as the cultivation of crops, including but
not limited to flowers, vegetables, foliage, fruits, forage and timber; game
propagation; raising of livestock, including but not limited to poultry, bees, fish,
or other animal or aquatic life that are propagated for economic or personal use.
Agricultural activity will be considered substantial: (1) If it provides a major
source of income to the person(s) who resides on the property, or (2) If the
property is dedicated for Agriculture uses in accordance with applicable
Department of Finance, Real Property Tax Division's procedures. This condition
shall be incorporated in each of the deeds for the proposed lots and duly recorded
with the State bureau of Conveyances. A copy of the recorded deeds shall be
filed with the Planning Department within one year from the date of final
subdivision approval;
[(D)JPrior to submittal of preliminary subdivision plans, an archaeological
reconnaissance survey report shall be submitted and approved by the Planning
Department in consultation with the Department of Land and Natural Resources-
I~istoric Sites Section;
[(E)J~Should any unanticipated archaeological sites or features be uncovered during
land preparation activities, work within the affected area shall cease and the
Planning Director notified. Work within the affected area shall not resume until
clearance is obtained from the Director;
[(F)]~A drainage system shall be installed in accordance with the requirements of the
Department of Public Works;
[(G)] j~Only one access shall be allowed to the proposed subdivision from Ala 1Cahua
Drive.. Such access shall meet with the approval of the Department of Public
Works;
o~v
[(H)]j~,All other applicable laws, rules, regulations and requirements shall be complies.
with;
[(I))~,1T Should the council adopted a Unified Impact Fees ordinance setting forth criteria
for the imposition of exactions or the assessment of impact fees, conditions
included herein may, at the developer's election, be satisfied by performance in
accordance with the requirements of the Unified Impact Fees Ordinance;
[(.>)]~An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the effective date of the zone change. The report shall address
the status of the development and the compliance with the conditions of approval.
This condition shall remain in effect until all of the conditions of approval have
been complied with and the Planning Director acknowledges that further reports
are not required; and,
[(K))~An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances: 1) the non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the applicants, successors or
assigns and that are not the result of their fault or negligence; 2) granting of the
time extension would not be contrary to the General Plan or Zoning Code; 3)
granting of the tune extension would not be contrary to the original reasons for the
granting of the change of zone; and 4) the time extension granted shall be for a
period not to exceed the period originally granted for performance (i.e., a
condition to be performed within one year may be extended for up to one
additional year); and 5) 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. Further, should any of the conditions not be met
or substantially complied with in a timely fashion, the director shall initiate
rezoning of the area to its original or more appropriate designation."
.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
! /
COUNCIL MEMEER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: July 1. 1998
Date of 1st Reading: August 5, 1998
Date of 2nd Reading: Aug~xst 19 ? 1998
Effective Date: August 27. 1998
1t~FER~1dC.~a C~,~, 8 7 5.0 3
APPROVED AS TO FORM AND LEGALITY
~~-~c.~- ' ' .
CORPORATION COUNSEL
DATED: ~6~ lQ~
-4-
o~eE of THE coUrrT~ cLE~x
County of Hawaii
Hilo , ~Iawati
DR~'T 3
" ROLL CALL VOTE
Introduced By: Hobby Jean Leithead-Toad (B/R) - AYES NOES ABS EX
Date Introduced: July 1, 1998 - X
First Reading: August 5, 1998 Chun X
Published: ~/A Leithead-Todd X
Ray X
REMARKS.• Reynolds
07 / O 1 / 98 - l~ferrt~d back to Planninc~C~ittee Santangelo X
Smith
Tyler X
Yagong X
7 1 1 0
Secon~ Reding: August 19, 1998 ROLL CALL VOTE
To Mayor: August 24, 1998 AYES NOES ABS EX
Returned: August 27, 1998 X
Effective: August 27 1998 Chung
Published: Bept~nber 4, 1998 Leithead-Todd
Ray X
REMARKS: Reynolds
Santangelo
Smith
Tyler X
Yagong
6 1 2 0
! DO HEIZ~'BY CEF~7'~~X->*hat-th g BILL was adopted by the County Council and published as
indicated above. :~?P~R®VE® d4e~n
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":~t1N1 t air MAW Mai
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Approved/ this da~~ OUN L CHAIRMAN
of Ci~C~~C. 19 ~ ~
COUNTY CLERK
1. OR. C OL', ' OF HA~i:All Bill No.: X57 ~ r,r„rt 3 )
Reference: C-875/PC-125/PC-132
Ord. No.:
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' Faxed to Planning Department: FX 961-8742 on February 10, 2001
Maii by US Postal Service on February 12, 2001
Susan Wells Fischer
PO Box 44417 ~ ~
Kawaihae, Hawaii 96743 '~'u~ Ito t-~~ ~ 1 y
808 882-7611
February 10, 2001 t-.,"
+ ~
Christopher Yuen, Planning Director
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Yuen: Change of Zone Ordinance 90 008, as amended by
Ordinance 98 87 (Rez 655)
Applicant: Elwin F. Hussey, "Keanahalululu"
Subject: Annual Progress Report
TMK: 5-9-007:007
We are writing to request a time extension and to update you on our progress toward
fulfilling the requirements of our rezoning ordinance.
Work, completed recently, includes the following:
Auxiliary pvc water system, running the entire length of the project, for dust control
and compaction.
Trenching and hoe ramming for utilities: water system and underground electric,
telephone, and cable TV.
Culverts for three of the four drainageways.
Work coming up soon:
Completion of drainage system: construction of structural plate arch over largest
drainageway; rock work, including headwalls, and related wingwalls.
Installation of waterline and electrical conduits.
Agricultural use 8~ Fire prevention: open pasture, grazing program
Steel I-beams, for the construction of cattle guards, have arrived at the jobsite.
Compliance with each condition of the ordinance is as follows:
Section 2. (A) Owners are complying with the conditions of approval.
(13) Subdivision:
Feb. 10, 1995 Tentative Subdivision Approval
Feb. 10, 1997 Final plat maps submitted
Jan. 27, 1998 Subdivision time extension until Feb. 10, 1999
Dec. 30, 1998 Extension of time until Feb. 10, 2000 for the
camplrtion subdivision improvements.
Jan. 30, 2000 Time Extension Request for proposed subdivision
was faxed & mailed to Planning Dept., combined
with Change of Zone Annual Progress s~eport &
Change of Zone Time i=xtension Request.
(copy of above request is enclosed)
Change of .Zane:
Aug. 27, 1998 Effective date of Ordinance No. 98 87, amending
Change of Zone Ordinance No. 90 008,
Extension of Time to secure Final Subdivision Approval
Res /,~~~'/p°~'
February 10, 2001 Page 2
(C) (2) The property is dedicated for agricultural uses with the Department
of Finance, Real Property Tax Division, and is presently being grazed.
(D) An archaeological reconnaissance survey report was submitted, accepted by
the Department of Land and Natural Resources-Historic Sites Section, and
approved by the Planning Department.
(E} If archaeological sites or features are uncovered, work will cease and the
Planning Director will be notified.
(F) A drainage system is being installed to County standards.
(G) There will be only one access to the subdivision from Ala Kahua Dr.
(H) All other requirements will be complied with.
(I} Unified Impact Fees will apply to the project, if adopted by the council.
(J) Annual progress reports are submitted to the Planning Director.
(K) We have applied for the necessary time extensions.
Please do not hesitate to call us at 882-7611, with any questions.
Sincerely ff
Susan Wells Fischer
for the Hussey family & Keanahalululu
Enclosed: copy of Jan. 30, 2000 Annual Progress Report & Time Extension Request for
Change of Zone and Proposed Subdivision.
~?f~ ~
JN~r'~F N'44y
Carey Kim : * Christopher 3. Yexen
Mayor Directov
gTf•OF~H>~' Roy R. Takeleloto
Deputy Director
.1~~ <~~~Yt
PLANNING DEPA1tTMFNT
25 Aupuni SEreet Room 109 • Hilo, Hawaii 46720-4252
(808) 961-8283 + Fax (808) 961-8742
March 28, 2001
Ms. Susan Wells Fischer
P. O. Box 44417
Kawaihae, ; II 96743
Dear Ms. Fischer:
Change of Zone Ordinance No. 98-87, which amended
Ordinance No. 90-00~ (IZEZ 655)
Applicant: Elwin F. ~Iussey
Subject: Annual Progress ReportlTiene Extension
Tax l0~an I~ey: 5-9-07:007
This is in response to your letter requesting a time extension and providing us with an
annual progress report. This letter also confirms a conversation with Susan Gagorik of
our staff that your request would require a public hearing with the Planning Commission,
with a final decision to be made by the County Council.
In review, Change of Zone Ordinance No. 90-008 was approved by the County Council,
effective February 13, 1990.
Condition B or Ordinance No. 90-008, stated:
"B. Subdivision plans shall be submitted. to the Planning Department within
one year from the effective date of the change of zone. Final subdivision
approval shall be secured within one year from the date of receipt of
tentative subdivision approval. Minimum lot sizes shall be determined by
calculating the total area within the proposed lot lines exclusive of
easements for access and drainage purposes and future road widening
setback areas;"
,y
_ ;E;F
f~
Ms. Susan Wells Fischer
Page 2
March 28, 2001
As amended, Condition B of Ordinance No.98-87, states:
B. Subdivision plans shall be submitted to the Planning Department within
one year from the effective date of the change of zone. Final subdivision
approval shall be secured within [one year from the date of receipt of
tentative subdivision approval] three vears from the effective date of this
ordinance."
A brief chronology is as follows:
May 13, 1991 Letter from Planning Director granting aone-year
administrative extension of time, until February 13, 1992,
to comply with Condition B, submittal of subdivision
plans.
October 30, 1991 Subdivision Plans were submitted.
February 10, 1995 Tentative Subdivision Approval secured. Final subdivision
approval required to be secured within one year or by
February 10, 1996.
February 3, 1998 Submittal of a second request for a time extension to
Condition B, to secure final subdivision approval. This
request was processed with a public hearing by the
Planning Commission and approved by the County
Council.
August 27, 1998 Effective date of Change of Zone Ordinance No. 98-87,
amending Condition B. Final Subdivision Approval
required to be secured within 3 years or by August 27,
2001.
Your request is to amend Condition B, which was previously been amended by the
County Council, no further administrative extensions are allowed on Condition B.
Therefore, your request and reasons, along with 20 copies of your request and a $250
filing fee, shall be forwarded to our office. Your request will be processed with a public
hearing to be held by the Planning Commission within 120 days of submittal of a
complete request. A f nal decision will be made by the County Council.
f
Ms. Susan Wells Fischer
Page 3
March 28, 2001
Should you have any further questions on this matter, please contact Susan Cpagorik or
Esther Imamura at 961-8288.
Sincerely,
CHRISTOPHER J. ~YUEN
Planning Director
SG:pak
p:Iwpwin601susanU ettersllFischerRez665skg
cc: West Hawaii Office
f~
Faxed to Planning Department FX 961-8742 on July 20, 2001
Instead of US Mail. delivered to Planning Dept, with fees, photographs and copies.
Page 1
Susan Wells Fischer
PO Box 4441 7
Kawaihae, Hawaii 96743
808 882-7611
.July 2n ?~n1
Christopher J Yuen, Planning Director r
County of Ha~n~aii
25 Aupuni Street .
Hilo Hawaii 96720
Dear Mr. Yuen:
Change of Zone Ordinance No 98-87, which amended
Ordinance No. 90-008 (Rez 655}
Applicant: Elwin F. Hussey; "Keanahalululu"
J
Subject: Rezoning Time Extension Request -
Tax Map Key: 5-9-07:007
We are writing to request a time extension: enclosed is the $250 filing fee, and
20 copies of this letter. citing the reasons for our request.
Background
As stated in the Planning Department letter of March 28, 2001
"A brief chronology is as follows:
May 13, 1991 Letter from Planning Director granting cone-year administrative
extension of time. until February 13, 1992, to comply with Condition B;
submittal of subdivision plans.
October 30, 1991 Subdivision Plans were submitted.
February 10, 1995 Tentative Subdivision Approval secured. Final subdivision approval
required to be secured within one year or by February 10, 1996.
February 3 1998 Submittal of a second request for a time extension to Gondition B; to
secure final subdivision approval. This request was processed with
public hearing by the Planning Gommission and approved by the County
Council.
August 27, 1998 Effective date of Change of Zone Ordinance No. 98-87, amending
Condition B Final Subdivision Approval required to be secured within 3
years or by August 27, 2001."
Current Status
All of the major grading has been completed. for our roadway, including access roads for
agriculture or landscaping, and for fire fighting. Grading is also complete for
sedimentation ponds described below. All cut areas, where rock can be reasonably
anticipated, have been ripped and trenched, ready to start laying the domestic water
system; as well as power and telephone lines. A large pvc agricultural waterline has
been permanently installed underground, throughout the project, to aid in the required
dust control and compaction, for eventual agricultural and landscaping pursuits, and to
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aid in fire-fighting. Three of four drainageways have culverts in place.
Proposed Changes
We are in the process of applying for proposed revisions to the drainage system,
including:
I Sedimentation, or retention ponds, in place of drywells, protected by
easements. These areas serve several purposes; including:
As illustrated by the first two of the attached photographs, our infrequent, but
sometimes heavy, rains drain into these agricultural catchment ponds, and settle over
the next few days. In this way; our desert type of landscaping can utilize what rainfall we
do have, instead of the runoff, along with eroded soil, ending up in the gulches, and on
down to the ocean. In the case of road runoff, which will increase after the road is
paved, the drainage would normally be routed into drywells, which hold less runoff, and
have little benefit to surface plants.
As seen in the third photograph, the Hawaiian herbs ilima and uhaloa are re-
establishing sooner in these areas, than in other graded areas. Also visible in the third
photograph is the different color of the settled dirt, showing the high water level.
An added benefit of these dedicated green zones is view preservation for the
building sites, which will be established above these pond areas.
I I Gulch crossings with long gradual slopes, longer culverts, and smaller
headwalls,, resulting in less guardrails, for a safer, and more natural look.
In addition to the drainage system revisions, we are also reviewing our water system
plans, to determine any necessary updating.
Work coming up soon
Drainage: An arch pipe will be installed in our largest drainageway. Then the rock
work, including headwalls, and related wingwalls, for all four crossings.
Utilities: Installation of the electrical and water systems, featuring extra fire hydrants.
Agricultural use & Fire prevention:
Installation of cattle guards for our open pasture, grazing program.
More time needed
The above proposed changes require further topographical study, and engineering, and
processing through the various County departments.
We believe these proposed changes will result in a more environmentally-friendly
subdivision, and, at the same time, respond to changes in the economy. Therefore, we
respectfully request more time to complete the subdivision requirements.
Sincerely, ? G~~°E'~
Susan Wells Fischer for the Hussey family & Keanahalululu
enclosed: X250 filing fee & 20 copies of this letter, including photographs
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Tax Map Key # 5 9 7 7 28.832 acres ~ . ~
Kohala Estates Lot 14, North Kohala, Hawaii. ' ' a`-~- /J
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