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HomeMy WebLinkAboutCOM 0016.000 2002-2004 MiV O• Harry Kim rP,:'•;~'" ~ ~'':o Dizie Kaetsu Mnyar Mnnnging Director Peter T. Young ••~r~oi~wi:r ,~•i _~[;tgpHry Mnnnging Director ~iJL L. I i County of Hawaii 25 Aupuni Shee[, Room 215 Hilo, Hawaii 96720-0252 • (808) 961-82~-(.~.~ax~(808)_961-4553 I KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 326-5663 November l8, 2002 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: Initiator: Planning Director Amend Section 25-8-33 (City of Hilo Zone Map), Article 8 Chapter 25 (Zoning Code) of the Hawaii County Code - Kaumana & Ponahawai Initiator: Planning Director Amend Section 25-8-33 (City of Hilo Zone Map), Article 8 Chapter 25 (Zoning Code) of the Hawaii County Code - Waiakea Change of Zone Application (REZ 02-013) Applicant: Sunstone Realty Partners X, LLC Request: RS-10 to RM-4 Tax Map Key: 7-5-18:8 Change of Zone Application (REZ 02-011) Applicant: Maurice Thomas Request: RS-20 to CV-20 'Tax Map Key: 1-9-4~nortion of 14 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Counci]'s consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sin ely, rry Kim ayor Comm. No. 1.-101802may File NO. Enclosures cc: Planning Department Ref. To: 8~~11 I Ref. Date NOV 2 7 2002 +TV « Harry Kim R or H. County of Hawaii PLANNING COMMISSION 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax (808) 961-8742 "li~~l I1~ ~ 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: Initiator: Planning Director Amend Section 25-8-33 (City of Hilo Zone Map), Article 8 Chapter 25 (Zoning ode)~f the Hawaii County Code Kaumana & Ponahawai The Planning Commission, after its duly held public hearing on October 17, 2002, voted to forward a favorable recommendation on the proposed amendment to Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting a portion of the proposed 120-foot Saddle Road right-of--way alignment between Country Club Estates Subdivision and Kaumana City Subdivision, Kaumana and Ponahawai, South Hilo, Hawaii. The favorable recommendation is based upon the following: The proposed amendment to the City of Hilo Zone Map involves the deletion of a portion of the proposed Saddle Road 120-foot wide right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision. Presently, this portion of the 120-foot wide right-of--way alignment traverses several of the residential parcels and/or existing dwellings within Kaumana Estates Subdivision. In some cases, the right-of--way would remove more than one half of the land area. Recently, the State Department of Transportation in coordination with the County of Hawaii Department of Public Works re-assessed the original proposed 120-foot right-of--way alignment. In August 1999, a new I20-foot Saddle Road right-of--way alignment was identified. This new alignment is located further south of the original alignment and Kaumana Drive, as well as the Kaumana Estates Subdivision and Hilo Country Club property. ~ ' , - Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Transportation is the systems and modes of conveyance of people and goods from place to place. It can be considered the major infrastructural element of an area. The purpose of transportation planning is to provide faster, safer and more efficient travel. As transportation systems are expensive to construct and maintain, great care and foresight are needed in developing plans for them. The overall Transportation goals, policies and standards are set forth to physically plan the circulation in the County in the best interest of the island's residents. Anew 120-foot right-of--way alignment has been chosen; and therefore, the reasons to support the deletion of a portion of the original proposed Saddle Road 120-foot wide right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision would not conflict with the following goals, policies and standards of the General Plan's Transportation Element: * Provide a transportation system whereby people and goods can move efficiently, safely, comfortably and economically. * Provide a system of thoroughfares and streets for the safe, efficient and comfortable movement of people and goods between and within the various sections of the County. * Provide an integrated State and County system so that new major routes will complement and encourage proposed land uses. Kaumana Drive has been in existence at least since the early 1920's. It begins from Waianuenue Avenue at the County's Gilbert Carvalho Park and extends toward Mauna Kea, connecting into Saddle Road. It is a narrow, winding roadway with varying right-of--way widths ranging from 30 feet to 50 feet. For the subject area, it is noted that there is a 15-foot future road widening within some of the parcels in Kaumana Estates Subdivision along Kaumana Drive. The City of Hilo Zane Map was also adopted to reflect roadway networks and circulation systems. Since its adoption by the Board of Supervisors on December 26, 1968, the City of Hilo Zone Map delineates the proposed 120-foot wide Saddle Road-Puainako Street extension right-of--way between Kaumana Estates Subdivision and Kaumana City Subdivision. Subsequent to the adoption of the City of Hilo Zone Map in 1968, the County Council adopted the General Plan, including Facilities Maps, in December 1971. Since then, the South Hilo Facilities Map delineates the proposed Saddle Road 120-foot right-of--way alignment. It should be noted, however, that the South Hilo Facilities Map in the 2002 Draft General Plan delineates the new identified right-of--way alignment, that is further south of the present alignment, Kaumana Drive, Kaumana Estates Subdivision and the Hilo Country Club property. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 3 The designation of a future road right-of--way on a parcel places building and other development restrictions on a property landowner which degree of impact varies depending on the amount and location of aright-of--way on the parcel. In this case, the proposed Saddle Road 120-foot right-of--way alignment restricts the landowner from utilizing the land to its best use or selling the property. It should be also noted that due to the residential lot sizes within Kaumana Estates Subdivision, the proposed right-of--way would further reduce the size of the pazcels and would be closer to some of the existing dwellings. Further, it would require the State and/or County to seek funds for the acquisition/condemnation of a portion of each of the pazcels in order to construct the 120-foot right-of--way, and/or for the relocation of some of the existing dwellings and/or families. Landowners for one of the most affected parcels submitted letters in support of deleting the 120-foot right-of--way alignment. Since a new right-of--way alignment has been identified, the Department of Public Works indicated that it had no objections to amending the City of Hilo Zone Map to delete the original proposed Saddle Road 120-foot right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision. Based on the foregoing, it is reasonable and fair to the public and to the private property owners to delete the proposed Saddle Road 120-foot wide right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision, as reflected on the City of Hilo Zone Map. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. We have also enclosed copies of the Background Report, public testimony and transcript of the hearing for your information. Sinc~repl~y, Q,,~~~~~~ Geraldine M. Giffin, Chairman Planning Commission Isaddlemad0lpc i BPDSaddleRdOl .agk - 10/7/02 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY OF HAWAII PLANNING DIRECTOR AMENDMENT TO THE CITY OF HILO ZONE MAP DELETION OF A PORTION OF THE PROPOSED SADDLE ROAD 120-FOOT RIGHT-OF-WAY COUNTY OF HAWAII PLANNING DIRECTOR is initiating a proposed bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting a portion of the proposed Saddle Road 120-foot wide right-of- way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision, Kaumana and Ponahawai, South Hilo, Hawaii, Tax Map Plats: 2-5-1, 2-5-2, 2-5-3, 2-5-55 and 2-6-62. t~ (See Exhibit A - Locatign Map) GENERAL INFORMATION 1. Land Ownership: According to the records at the County Real Property Tax Division, the parcels affected by the subject proposed Saddle Road 120-foot wideright-of--way alignment are owned by the following individual landowners: Tax Map Key Name 2-5-1:6, 8; 2-5-2:12 State ofHawai`i 2-5-3:20, 21; 2-5-55:47 2-5-2:17 Henry S. H. Young and Wallace H. K. Young et al 2-5-2:28 Gordon Paul Lee 2-5-2:29 Gary S. and Joy E. Inamine 2-5-2:30 Ooma Associates 2-5-3:24 Mark and Kim Rodgrigues 2-5-3:38 Mitsuyo Nakamura 2-5-55:35 Scott T. Hayashi 2-5-55:36 Lawrence B. And Carol Ann Denis Jr. 2-5-55:37 Delis M. and Laureen S. Estabilio 2-5-55:38 M. Carol West 2-5-55:39 Paul M. and Dioma J. Tanigawa lF ~ i 1 _ 2-5-55:41 Rose Marie Rice et al, and Rose Pauline 2-5-55:42 Dionne Michelle Lau, Deborah Ann Weiser, Ruth Y. Castillo, Leon L Weiser II, Barbara Jean Bostwick, Louise Naomi Trujillo, Michael M. Matsuda, Franklin J. Weiser Katherine E. Higa, Richard J. Weiser Jr., Juliette Ann Higa-Teves 2-5-55:43 Richard and Elizabeth A. Mahuna Trust 2-5-55:45 Wendell K. and Shirley M. Leite Trust 2-5-62:6 Ronald E. and Myra L. Hager 2. Kaumana Drive Right-of--Way: Kaumana Drive has been in existence at least since the eazly 1920's. It begins from Waianuenue Avenue at the County's Gilbert Carvalho Park and extends toward Mauna Kea, connecting into Saddle Road. It is a narrow, winding roadway with varying right-of--way widths ranging from 30 feet to 50 feet. For the subject area, it is noted that there is a 15-foot future road widening within some of the parcels in Kaumana Estates Subdivision along Kaumana Drive. 3. City of Hilo Zone Map: The City of Hilo Zone Map was also adopted to reflect roadway networks and circulation systems. Since its adoption by the Board of Supervisors on December 26, 1968, the City of Hilo Zone Map delineates the proposed 120-foot wide Saddle Road-Puainako Street extension right-of--way between Kaumana Estates Subdivision and Kaumana City Subdivision. (See Exhibit B -Portion of City of Hilo Zone Map) 4. Recently, the State Department of Transportation in coordination with the County of Hawaii Department of Public Works re-assessed the original proposed 120-foot right-of- way alignment. In August 1999, a new 120-foot Saddle Road right-of--way alignment was identified. This new alignment is located further south of the original alignment and Kaumana Drive, as well as the Kaumana Estates Subdivision and Country Club property. 5. Since a new alignment has been identified, the Department of Public Works indicated that it had no objections to amending the City of Hilo Zone Map to delete the original proposed Saddle Road 120-foot right-of--way alignment between Kaumana Estates -2- Subdivision and Kaumana City Subdivision. (See Exhibit C -February 11, 2002 Memo) 6. By certified letter dated September 16, 2002, the Planning Director notified the affected property landowners of the initiated action. PROPOSED AMENDMENT 7. The proposed amendment to the City of Hilo Zone Map involves the deletion of a portion of the proposed Saddle Road 120-foot wide right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision. Presently, this portion of the 120-foot wide right-of--way alignment traverses several of the residential parcels and/or existing dwellings within Kaumana Estates Subdivision. In some cases, the right-of--way would remove more than one half of the land area. (See Exhibit D -Parcel Maps) 8. The designation of a future road right-of--way on a parcel places building and other development restrictions on a property landowner which degree of impact varies depending on the amount and location of aright-of--way on the parcel. In this case, the proposed Saddle Road 120-foot right-of--way alignment restricts the landowner from utilizing the land to its best use or selling the property. It should be also noted that due to the residential lot sizes within Kaumana Estates Subdivision, the proposed right-of--way would further reduce the size of the parcels and would be closer to some of the existing dwellings. Further, it would require the State and/or County to seek funds for the acquisition condemnation aportion of each of the parcels in order to construct the 120-foot right-of--way, and/or for the relocation of some of the existing dwellings and/or families. STATE AND COUNTY PLANS 9. State Land Use District: The lands in the area are classified Urban and Agricultural. 10. General Plan: The goals, policies, standard and courses of action of the Transportation Element are as follows: * Provide a transportation system whereby people and goods can move efficiently, safely, comfortably and economically. * Provide a system of thoroughfares and streets for the safe, efficient and comfortable movement of people and goods between and within the various sections of the County. -3- * Provide an integrated State and County system so that new major routes will complement and encourage proposed land uses. 11. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the immediate area of the alignment as mixed Low Density Urban Development, Urban Expansion, and Orchards. 12. General Plan Facilities Map: Subsequent to the adoption of the City of Hilo Zone Map in 1968, the County Council adopted the General Plan, including Facilities Maps, in December 1971. Since then, the South Hilo Facilities Map delineates the proposed Saddle Road 120-foot right-of--way alignment. It should be noted, however, that the South Hilo Facilities Map in the 2002 Draft General Plan delineates the new identified right-of--way alignment, that is further south of the present alignment, Kaumana Drive, Kaumana Estates Subdivision and the Hilo Country Club property. 13. Hilo Community Development Plan (CDP): The Hilo Community Development Plan, adopted by the Planning Commission in May 1975, indicates that the Saddle Road provides the trans-island transportation facility connecting Hilo to West Hawaii. The CDP Map also reflects the proposed Saddle Road 120-foot right-of--way alignment. 14. County Zoning: The County zoning designation for the affected parcels are mixed Single Family Residential (RS-l 5) within Kaumana Estates Subdivision and Agricultural (A-la, A-3a, A-10a, and A-20a) for the remaining areas along the right-of--way alignment. 15. Zoning Code: Section 25-3-8 of the Zoning Code states as follows: "Section 25-3-8. Legal effect of establishment of building lines, future width lines, and plan lines. (a) Whenever a building line is established along any street on the zoning map, the minimum front yard for any affected property shall be equal to the distance between the street and the established building line. (b) Whenever a future width line is established on the zoning map, the future width line shall be considered to be the front property line of the affected property. The area between the future width line and the street (if outside theright-of-way) shall be deemed to be the street right-of-way, and cannot be considered in computing the minimum yard required on any building site. -4- (c) Whenever plan lines for a future street have been established on the zoning map, the plan lines shall be considered to be the front property line, and the area between the plan lines shall be deemed to be street right-of- way. The minimum required yards of any building site shall be computed excluding any area within plan lines for future streets established on the zoning map." 16. Special Management Area (SMA): The subject area is not situated within the Special Management Area (SMA) of the County of Hawaii. DESCRIPTION OF THE SUBJECT AREA AND SURROUNDING AREA 17. Kaumana Estates Subdivision: The Final Subdivision Approval for Kaumana Estates Subdivision was granted in May 1973, creating about 132 lots with average lot sizes of 15,000 square feet. Some of the dwellings in Kaumana Estates Subdivision have been constructed since early 1960's. 18. Affected Parcels: The affected properties within Kaumana Estates Subdivision are irregular in shape with the lot dimensions ranging from 68 feet to 139 feet in width and 135 feet to 236 feet in length. The dwellings on the affected parcels were constructed in the years 1963, 1974 and 1979. The other lazger affected parcels are in agricultural uses, vacant lands, or State-owned lands. 19. Land Study Bureau Report: Lands in the Kaumana Estates Subdivision are classified as Urban uses and the other lands along the right-of--way alignment is classified as "E" or Very Poor. 20. Agricultural Lands of Importance to the State of Hawaii (ALISH) System: Lands within the Kaumana Estates Subdivision are classified as existing urban development. The other lands along the right-of--way alignment are unclassified. 21. Soil Survey Report: The area of the right-of--way alignment are classified as Pahoehoe Lava Flows (rLW). The lava has a billowy, glassy surface that is relatively smooth. Tt has no soil covering and is typically bare of vegetation except for mosses and lichens. 22. FIRM Map: The Flood Insurance Rate Map (FIRM) classifies the area of the right-of- way alignment primarily as Zone X, areas determined to be outside the 500-year flood plain. -5- 23. Surrounding Land Use/Zoning: The Kaumana Estates Subdivision consists of primarily single family residences and is zoned Single Family Residential (RS-15). The other lands along the right-of--way alignment are in agricultural uses, vacant lands or State-owned lands and are zoned Agricultural. PUBLIC FACILITIES AND SERVICES 24. All essential public facilities and services are available to the subject area. PUBLIC COMMENTS 25. Katherine Higa et al are in support: (See Exhibit E -Letters) -6- ~ - - ~ s I m I t ~ ~ ~ i~ ~ ~ m p •8 ~ `'y 1~ r I ' ~ g ~y f w ~Y i N ~ P ~ I i r- r~ PI ~ ~ pp ~P ~ ~ ~ \_i ~ _ 5 ~ ~ b y6P k p ,y ~ . ~ ~i S .`y`a ~ 'v _ ~ ~ ~S'j V,x .'e ~II~~ ~ ` ~ i - _r_i J.~ . xq ~ J r`' w ~ D ~ ~ ~ ~ - I 4 c I ~ y, i ~ ,~.;~.~--r~~~~ r~ ~ _ . , o a--- ~ i .nom C ~i ~ ~ I _ l r ~ i ~ ~ r y~ -~J Z? ~ ~Y q ~ ~ > ~ / ~x r v ~ t ~ .i ~~~.~tl b'~ d ' , CAI'/" i n m v . W - ~ F -15U~ a. ~ / N C O ~ ~ V %'~~r -Y ' r"'S y 33 r C9 Z 0 1 ~ w q 1._ _ p/ ~ ~ ~ ~ V y ` x___- ~ ~y ~ ~ \ , -~q. ~ ro , ~ i ~ i,, ~ ^f _ \ r \ ~ l I u. /y I ~ l ~ 1, 6o' 6 o a ~ a o ~ :~~1, i'dHlld, 0 Z Q v N U Q o ® r ® ~ ® m a N"O_ ~ ~ o I / PORTION OF CITY OF d-IILO ZONE P N Q ' C ~ Q ~ O C ~ ~ ® ~ < N Q a Q o O N ~ ~ a o ~ ~ a - ® a Q@ O N ~ O_ \ 0 3n IF/0 a 8~1j Q O al N~OJ N Q O O 4 a O 0 0 p o °n, N a a F O 'b O a ~ ~ i ~ o ~ P p a o of N Q ~ G O o \ N _ 1 Q ~ ~ a = ~ ~ _ N 0 L_ ~ " ° N ~ ® ~ ~ i ~ - EXHIBf'i' Imo, 0~ ~i <il"~4V•Yi%q~i a N/'Y-', _ :iP ~LLLI/~. A.~ Harry Kine iDennis 7C. Yd. d.,ez Mayor Direc7ar Ronald Ueoka ~IIIT~f~I IIl C'tt~Mtt DepuryDireelor DEPARTMENT OF PUBLIC WORKS ~t~ fD0&) 961-B:IIi +Fax (ebn} 35i-bosG DATE: February 11, 2002 TO CHRISTOPHER J. YUEN PLANNING DIRECTOR ' FROM • DENNIS K. W. LEE DIRECTOR OF PUBLIC WORKS SUBJECT : NEW PUAINAKO/SADDLE ROAD ALIGNMENT The Saddle Road Environmental Impact Statement dated August, 1999, shows the chosen new Saddle Road alignment going around the South side of the Country Club Estates Subdivision and not along the existing Saddle Road alignment (see the attached map). It appears that your maps show the future Saddle Road near the existing road and through several residents' lots. Please revise your maps to delete this outdated future proposed right-of--way so that residents can proceed with the selling of their property or application for building permits. The specific parcels whose owners are currently requesting map revisions are 2-5-055:042 and 2-5-055:37. Should you have any further questions please contact Ben Ishii at 961-8423. t, EXHIBIT `C' J _ £ e _ , . S - , r . \ ';_V'~. DIY s - - - U 3 8dl_ _ el f ~ ! ~:(Yf~t llt _ _ - ~.Ya_ - ~ li ~44~ t ~ 1 \ ;p \ - $'~J. _ t ~ t L ~ ~ C ~ Y +via. P s - ~ ~ - z.0 o~ ~ r ~ ~ , ~ _ r ~t, ~ ~ ~ ~ ~ t ~ ~ - i " ~y u - .w 1' t ~ ~ 1 J O t~xk+k- ti ~ i ti` . \ UY f , ioI 'i+} li. + / 1^~..~ fZL r ~~r v ~ ~ ,t. . r w x i ;1,,,° Y~ ~ r- ~ y ~ ~ ~ z ~ ~"~H~- ~ ~ { ii , r 1 r i~~... i i.~_~, _ j ~ ~ ~ r~~~'. .~..W~~ i d_ 'i - ~ 'fit r + O y~ll O = ; l .Y 1 ~ F-J~.ln d-' ~ ~ - 1_~ ~Y i~J ~ _ r ~~nw~ar - ~ ~ - w - - ~ _ - ~ i ~ ~ u~ in m ~ _ !r ~ l~_ ~ ~ +^'„:n Alf. _ ~ ~ O \ r _1~ - _ aJ N - J- !S':i1K~1it4 hT' .r` ~~'gO Z ~ _ _ _ - tr - - d 1 ~ Vx, d__~._ ~ ~ S ~ ~ - _ _ ~ Y a.. t s Fir Z _ ~ do KAOMANA STATES SUBDIVISION w O ; ° AFFECTED PR ERTIES D ~ " f~' r J.,P-= J ~3 ~ ~ ~ilti~ ~ "hh h / O ~ e ~ f,, F`~°1a . ~ u t',"v i ~s f r 4~~ I „/su5 W ` 0P Q .0 ys 0~~5 yy ~a~ pD N rb y° - i ~ ` 9Dy, all a~ /Oe... f ye 4 t Q PJ' `e.~'FJ`P~7 A o s 'n ~ I P~~~ 9 ~ 0D J'~Y~ o _ D~ r ~ "P "o ".~y~ `YI p vr~"~ 1 ~ / o o ~vr~~e k x~ P~"D a ~ t' o"D g ~u " O ' o ~ ' a a h o- ~ _ H Jai yy0 ~~a"~~ 2 e~` ml'" "s 4d~ o~ it E Clio o e,, r "A Q ~a ~ ~ ~ a ~ ~ x/111 ~t 44 1.~ n~ ~ - ~ ti 1 w' t6 n~ L P ~ ~ ° o J ~ ' n' D . Qa ~ mil" l~~S o: q Joy b n Q v t ~F' o CI i o i o o e \y i i. o F i\~i vo Pv Y 11 I L.y ",ice N m~l d> " ~ u " ~ n o" ,n "I ~ ~ EXHIBIT e _e e~. ~ o ~ ,=P~~ ~ ai~i~~ a ~ s. V 'i ~L.~„ " ml" October 1, 2002 ::'G2 G~? 7 P~1 3 51 Mr. Christopher Yuen, Director PL4NI~IIf~!(; L>_~~„~-~-~ti~iEfV? Planning Department ~~-~L~t`1~Y CF ~'q~.+iq,l County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720-4252 Dear Mr. Yuen: Re: Proposed Deletion of the Saddle Road/Kaumana Drive Alignment Zoning Amendment Tax Map Key 312-5-055: 042 Thank you for the information regarding the existing right-of--way alignment between Country Club Estates and Kaumana City Subdivision which traverses, among others, the subject parcel. As the alignment affects our intended sale of the parcel, the deletion of the right-of-way alignment through the zoning amendment process described in your September 16, 2002, letter is supported. For all of the owners of this parcel, we appreciate the assistance and elimination of this hardship in the future sale of the parcel . Sincerely, Katherine Higa 2462 Kilauea Avenue Hilo, HI 96720-5611 EXHIBIT lE' TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. ~YyYYnv 1~.2. ,U~~f~_ Dionne M. Lau .-i ~ ~j_.r E- ~ Date a_ N ~S - c.: ~ ~J LJ ~ u P.I C-~ LL } ~ ~ ~i ~ i ~ ~f 1 ~ C~ - ~ ' S l~ i 1/ j i~ I i i TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. 7 Bette A. Higa-Teves/ ~ ~ z ~ L ~ _ Date E ,~J ~ c, CJ ~v ~ TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. ".`r F- ) ~ r; - c~ ~ ~ N. rujil o= E ~~i ' U~ CL_ ~:~'d- Date ~ F_ ~ ~`CJ N 4, u ~ ~.l TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. Katherine E. Higa Date a c-~ c ~ r~ c` F__ ~'Q o ~L U [\J TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. F- Ruth Y. Qasti o - J ~ _ Dat a_ - cC.` ti ~ c: ~ O o ~ NQJ_ U TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. , Michael~Ivfatsu~l~ c-~ ~~5 Date ti c O o ~ U ~ ~ TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. r- Barbara nN. twick rn n ` Date N r-- = j ~ ZU O RU N TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. l~ r' _ Rrchard '[`~eiser, Jr. c~ ; Date _ C~ J TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. ~ z_ ~ rr~,o-- i.n w~_ c-~ ~ ~ L L. Weiser II a_ ~ N - . Date c" c~ Z O ° 4u N i:~ TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key ('3"jY-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. orah Ann A. eiser D u~, w 0 2S? c~ i`-'' Date ~ E 1 _i. O r .C- F__ G_i c- 1;, o ~ ~ 1 o CL r TO WHOM IT MAY CONCERN: As a joint owner of the parcel identified by Tax Map Key (3) 2-5-055: 042, I approve of the proposed deletion of the road widening right-of--way, as shown on the Hawaii County Planning Department map, and authorize the Planning Department to initiate, prepare and process the rezoning application. ~ / - l~ ~ Franklin J. iser in ~J<r c-~ ~ =r ~ ~ t= Date a i~ J N - r_ ~i i_' O cv - C, N 1 TO: Planning Commission, County of Hawaii October 17, 2002 FR: Timothy S. Young RE: Saddle Road Realignment We are property owners who will be impacted by the new proposed realignment of Saddle Road While we acknowledge the need for the realignment of Saddle Road we are concerned about the impact on our property as a result of this amended action. This proposal has brought up a number of questions which we would like to have clarified 1) If we were to elect to develop the property and need a corridor for access, we would probably be required to construct the road However, if our project's access is NOT reliant on this road (for example, we choose to come in from Kaumana Drive only), would we still be responsible for this road? 2) Are we expected to relinquish the land for the corridor free OR will we be appropriately compensated by the State and/or County? 3) Until the time the County of State owns this corridor, will we still be able to use it for non-structural purposes (such as ranching or to raise crops)? 'd a bq 'd Reed T. Young Saddle Road Realignment Page Two 10-17-02 4) Inasmuch as we use the property for cattle grazing and/or may allow potential access to the adjoining properties, will these accesses be terminated when the road is built? When the corridor is planned and constructed, will these existing accesses be "grandfathered"? S) What is the estimated land acquisition and construction timetable of this corridor? How will it be funded? Are the affected property owners obligated in anyway to provide funds or land without compensation? 6) How fixed is this alignment? PLANNING COMMISSION COUNTY OF HAWAFI HEARING TRANSCRIPT OCTOBER 17, 2002 A regularly advertised public hearing on the PLANNING DIRECTOR'S PROPOSAL TO DELETE A PORTION OF THE PROPOSED 120-FOOT SADDLE ROAD RIGHT- OF-WAY ALIGNMENT (CITY OF HILO ZONE MAP) was called to order at 10:55 a.m. in the State $uilding, Conference Rooms A, B and C, 75 Aupuni Street, Hilo, Hawaii, with Chairperson Geraldine Giffin presiding. PRESENT: Geraldine M. Giffin ABSENT & EXCUSED: Fred Galdones Florence Kubota Earl Fujikawa Jeffrey McCall Aurelio Mina, Jr. Francis Smith Hannah Springer Grant Togashi Ivan Torigoe, Deputy Corporation Counsel Roy Takemoto, Deputy Planning Director Alice Kawaha, Staff Planner Susan Gagorik, Staff Planner Esther Imamura, Staff Planner And approximately 5 people from the public in attendance PLANNING DIRECTOR: Amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting a portion of the proposed 120-foot Saddle Road right-of--way alignment between Country Club :Estates Subdivision and Kaumana City Subdivision, Kaumana and Ponahawai, South Hilo, Hawaii, Tax Map Plats: 2-5-1, 2-5-2, 2-5-3, 2-5-55 and 2-6-62. GIFFIN: Commissioners, we're on Agenda Item No. 3, the Planning Director: Amend Section 25-8-33 (City ofHilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting a portion of the proposed 120- foot Saddle Road right-of--way alignment between Country Club Estates Subdivision and Kaumana City Subdivision, Kaumana and Ponahawai, South Hilo, Hawaii, Tax Map Plats, as stated by Alice. Okay, Alice? KAWAHA: If I can direct your attention to our maps here. This map here is a portion of the City of Hilo Zone Map. This line here is the existing Kaumana Drive. To my right would be going towards the town of Hilo. To my left would be towards Mauka Kea. And this other line which is pink and is a dashed line, this is the existing, actually, it's a proposed 120-foot Saddle Road right-of--way. The proposed deletion that 1 the Director is initiating would be from here, which is actually the Country Club Drive intersection with the Kaumana Drive, and a little past the Kaumana City Subdivision. Ijust wanted to also inform you that in our agenda we stated that the Country Club Estates Subdivision, several years back the Country Club, what the developer for the Country Club Estates, was in this area here, coming in this area, and up to here; and that's the reason why there was going to be a proposed country club golf course here. The affected parcels that the right-of--way traverses is in this area, and this is the Kaumana Estates Subdivision. In looking at this more colored map, this gives the existing County zoning. So, again, this purplish line here is the Kaumana Drive. The existing Saddle Road 120-foot right- of-way is this red line here that's the subject of the deletion; and this purple line here is the new proposed 120-foot alignment. So it's further south of the existing 120-foot right- of-way. And, again, this area here in yellow is the Kaumana Estates Subdivision; and this area here is the Kaumana City Subdivision. The Planning Director is initiating to delete that portion of the 120-foot right-of--way as there is a new proposed alignment. Are there any questions? GIFFIN: Commissioners, any questions? Commissioner Togashi? TOGASHL Thank you, Madam Chair. I was wondering, would staff know, I believe I read in the papers that the proposed alignment is mired in litigation. KAWAHA: That I don't know. GIFFIN: Are you speaking of the Saddle Road? TOGASHI: Uh, huh. GIFFIN: That's different. TOGASHI: Saddle Road, that's not? GIFFIN: No, no, that's different. TOGASHI: It's a different one? GIFFIN: Uh, huh. That's on Saddle Road, whereas, this is not on Saddle Road. TOGASHI: No, I mean, but the proposed alignment, right? KAWAHA: This proposed alignment here? 2 TOGASHI: Right. GIFFIN: It's down here, it's not on Saddle Road. KAWAHA: I'm not aware of that, what's going on with that. TOGASHI: Oh, okay. Sorry. GIFFIN: Any other discussion? Commissioner Kubota? Questions? KUBOTA: Yeah. Alice, explain once more, you know, that new extension on the further south, that one right there. KAWAHA: Yes. KUBOTA: Explain what that was. KAWAHA: Yes. This is the new proposed 120-foot road alignment. So it would replace this one here. They moved the alignment further south. KUBOTA: I see. And on that map, where is the country club, the old country club? KAWAHA: The country club is here, where the proposed golf course KUBOTA: Yeah. KAWAHA: Yeah, it's here, in the back of the Kaumana Estates Subdivision. KUBOTA: Where it's green? KAWAHA: Yes. KUBOTA: I see. Thank you. KAWAHA: Yeah. And, as I stated, the Country Club Estates Subdivision that was proposed several years back, it ran from here, following along here; and that would be part of the, the golf course was proposed there. KUBOTA: I see. Thank you. GIFFIN: Commissioner Springer? 3 SPRINGER: Thank you. I'm wondering if there's a response to the concerns of Timothy Young regarding the use of their property, and if this is the same Young or part of the family of Henry S. H. Young and Wallace H. K. Young. KAWAHA: This letter we just received this morning was distributed to you SPRINGER: So, we responded to KAWAHA: Yes, yes. SPRINGER: Thank you. KAWAHA: It's mainly pertaining, well, focusing on the new proposed alignment. So I would have to also forward to the appropriate agency to respond on that, too. GIFFIN: So, Alice, your answer was, yes, it is part of the Henry S. H. Young and KAWAHA: No. GIFFIN: No? KAWAHA: No, that wasn't my response. GIFFIN: What is your response? KAWAHA: My response is whether, Commissioner Springer asked whether this would be, this letter will be responded to; and I said, yes. But as far as Timothy Young being part of that estate, I'm not too sure. We have Mr. Young here and maybe he can clarify on that. GIFFIN: Okay. Any other questions of Alice, Commissioners? Alice, would the proposed road, the proposed, the south, yeah, the property owners there have all been notified of the new proposed route? KAWAHA: This is a separate, I would think that at the time that the State and the County did do this alignment, that the property owners were notified. GIFFIN: Okay. Thank you. Commissioners, once again, any questions of Alice? Hearing none, Commissioners, there are two people who have signed up to testify on this agenda item. They are Tim Young and Barbara Bostwick. If you are here, would you please come forward. Good morning. 4 YOUNG: Good morning. GIFFIN: Would you please raise your right hands? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS: Yes. GIFFIN: Thank you very much. Starting with you, Mr. Young, your name and residence address and you may begin your testimony. YOUNG: Oh, I'll probably yield to ladies first. GIFFIN: Please begin, Mr. Young. YOUNG: Okay. Good morning, Tim Young, 110 Aipuni Street, Hilo, Hawaii. To answer Commissioner Springer's question, yes, this is the same properties. When I say, we, in this item, we are basically the nieces, the beneficiaries, aunts. And there's probably about 16 of us in the family, and it is held as a family partnership. And we currently have some pending transactions which aze now put on hold; and our notification of this came very recently and that's why I'm here. I'm not generally the spokesperson for our family. It's generally my older brother, but he is out of town at this time; and, so, I just thought I'd be here just to express some questions that have arisen. It's not saying that we are for or against, it's just that these questions came up. And being that we have these transactions, we were asked by these people we're dealing with, how does this impact us; and we couldn't really answer to that. And, so, we thought this came, you know, quite quickly. My question, my presentation, basically, is we are property owners who will be impacted by the new proposed realignment of Saddle Road. While we acknowledge the need for the realignment of Saddle Road, we are concerned about the impact on our property as a result of this amended action. This proposal has brought up a number of questions which we would like to have clarified. If we were to elect to develop the property and need a comdor for access, we would probably be required to construct the road. However, if our project's access is not reliant on this road (for example, we choose to come from Kaumana Drive only), would we still be responsible for this road? Item two, are we expected to relinquish the land for the comdor free or will we be appropriately compensated by the State and/or County? Thirdly, until the time the County, it should be, or State owns the corridor, will we be able to use this for non-structural purposes (such as ranching or to raise crops)? 5 Item four, inasmuch as we use the property for cattle grazing and/or may allow potential access to the adjoining properties, will these accesses be terminated when the road is built? When the corridor is planned and constructed, will these existing accesses be "grandfathered"? What is the estimated land acquisition and construction timetable for this comdor? How will it be funded? Are the affected property owners obligated in any way to provide funds or land without compensation? And, lastly, how fixed is this aligrunent? GIFFIN: You have some questions here that I think should be directed to our Deputy. Mr. Takemoto? TAKEMOTO: Let me take the ones that the Planning Department should be in a position to address, and then some of the others is more likely Public Works. 'The Public Works' one is, especially your last question on how fixed is this alignment, that, I'm not sure what the status is unless Alice has any further information on that. KAWAHA: I just wanted to state, from what I understand, that that's pretty fixed; and that's the reason why we are going through this proposed deletion of the existing 120 right-of--way. TAKEMOTO: Okay, so, fixed means that fixed in Planning but not acquisition completed, right? KAWAHA: Yes. YOUNG: Have you defined metes and bounds? KAWAHA: That, I'm not, because this project is a combination of a State and County, and my understanding it's mainly State, I don't know the specifics as to the status of it, as far as going through acquisition and condemnation. TAKEMOTO: Okay. So, then I can move on to your next questions like compensation. If you are proposing to develop the project and this road was still in the process of being, the right-of--way was in the process of being acquired at the time you come in, you would, the impacts caused by your project would be a fact in determining how much compensation you would get. This being a major arterial road, you wouldn't be expected to be burdened with the cost that benefits the whole region. So there would be a proportionate amount that will be allocated to you. But should this road be built prior to developing the project, you would be compensated based on the appraised value of your land. So that answers the compensation. Okay. Then, as far as access, this road, again, being an arterial road, is going to be a limited access type of comdor, which means that Public Works or the State, whoever has 6 jurisdiction over this road, would be very selective in permitting access onto this road. So if there's any way that you would take access off another road, say, Kaumana Drive, that would be the way that they'll probably require you to do it. So as far as you being responsible for any portion of the cost of this road to provide access to your property, I would say no. Your access would come from another, more local road. As far as your use of the property before it's being acquired, you would have aright to use it for any non-structural purposes. But this brings me to a question that what's being proposed now is just a deletion of this, we're not adding on this new comdor, right, to the zoning map as a future corridor? Which, I wonder if we need to. Because if it's not acquired, it's not defined by metes and bounds with a separate roadway lot, these people can came in, and it's not drawn on the map, then we have no way to enforce our Zoning Code regarding future road sight-of- ways. KAWAHA: This would be proposed as a separate action because it'll be one that would take a longer, not only this portion but, also, the extension of the Puainako Street Extension. And that's the reason why I kept it separate from this one here. But we need to also proceed with this at a later date. GIFFIN: Commissioners, any other questions? I hope that that satisfies most of your questions, Mr. Young. YOiJNG: Yes. Is it possible to get this in writing being that most of the relatives are dispersed NOMURA: Excuse me, please use the microphone. YOUNG: Is it possible to have these in writing as most of the beneficiaries and relatives are dispersed on the mainland, and there's only three of us here? GIFFIN: You know, the reason we're having you speak into a microphone is because we do have a permanent record of this meeting. YOUNG: Okay. GIFFIN: And you may request of the department to get copies of the transcript. YOUNG: Okay. Thank you. GIFFIN: You're welcome. Ma'am? Your name and residence address and you may being your testimony. BOSTWICK: Good morning. 7 GIFFIN: Good morning. BOSTWICK: Is the mike on? GIFFIN: Yes. BOSTWICK: My name is Barbara Bostwick and I reside at 18-401 North Kulani Road in Mountain View, Hawaii. GIFFIN: You may begin. BOSTWICK: I'm here to speak on behalf of agreeing with the proposed changes right now, as part owner of a residence along the Saddle Road. That's 2625 Kaumana Drive, that's just right past the 6-mile marker, right at the start of Saddle Road. We were directly affected by the initial proposal there and the residence that I'm part owner of belongs to myself and 10 other immediate family members. It originally belonged to my mother for over 30 years; and she recently passed away about ayear-and-a-half ago. Her home, actually, has been vacant for about 3-1/2 years because of a stroke and illness. At this time, with the initial proposal, it sort of left us in a purgatory status because we were interested in doing something with her home. These changes would really help resolve that and would help conclude this 34-year old project. And on behalf of my sister, Katherine Higa, who also submitted a letter in writing, we'd like to thank the Planning Director and the Department for initiating and preparing this rezoning. It has been long- winded. And I, myself, and my sister found out it, maybe about three years ago from our neighbor and we knew nothing about it, didn't catch wind of it. And she found out about it when she had to pull a building permit to make some home improvements, and that was a big surprise for us. GIFFIN: Commissioners, any questions of the public testifier? Hearing none, do I hear a motion? SPRINGER: Madam Chair? GIFFIN: Commissioner Springer? SPRINGER: I move to approve the Planning Director's recommendation to amend Section 25-8-33, the City of Hilo Zone Map, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by deleting a portion of the proposed 120-foot Saddle Road right-of--way alignment between Country Club Estates Subdivision and the Kaumana City Subdivision, Kaumana and Ponahawai, South Hilo, Hawaii, Tax Map Plats: 2-5-1, 2-5-2, 2-5-3, 2-5-55 and 2-6-62. GIFFIN: Do I hear a second? KUBOTA: Second. 8 GIFFIN: It has been moved by Before I do that, Alice, did you want to stick by that wording of Country Club Estates Subdivision? KAWAHA: No, Kaumana Estates Subdivision. SPRINGER: Pm sorry. GIFFIN: Okay. No, no, you didn't know. So, the maker of the motion and the seconder, do you mind if I go ahead and simply insert Kaumana Estates Subdivision instead of Country Club Estates Subdivision? SPRINGER: Yes. KUBOTA: Yes. GIFFIN: Thank you. It has been moved by Commissioner Springer and seconded by Commissioner Kubota that the Planning Director's initiation to delete a portion of the proposed Saddle Road 120-foot right-of--way alignment between Kaumana Estates Subdivision and Kaumana City Subdivision, which would then initiate a proposed bill to amend Section 25-8-33, Article 8, Chapter 25 of the Hawaii County Code, be approved. Discussion? I really went in a round-about way, didn't I? KUBOTA: Yes. GIFFIN: Sony, Alice. KAWAHA: It's to be forwarded to the Council. This is to be acted by the Council. GIFFIN: To be forwarded with a positive recommendation to the County Council. Discussion? Alice? KAWAHA: Commissioner Springer? SPRINGER: Yes. KAWAHA: Commissioner Kubota? KUBOTA: Aye. KAWAHA: Commissioner McCall? MCCALL: Aye. KAWAHA: Commissioner Mina? 9 MINA: Aye. KAWAHA: Commissioner Smith? SMITH: Aye. KAWAHA: Commissioner Togashi? TOGASHI: Aye. KAWAHA: Chairwoman Giffin? GIFFIN: Aye. KAWAHA: Chair, the vote passes with seven ayes. GIFFIN: Thank you. And thank you very much for coming this morning. BOSTWICK: Thank you. YOUNG: Thank you. GIFFIN: You're welcome. The discussion ended at 11:16 a.m. Respectfully submitted, Sharon M. Nomura, Secretary 10