HomeMy WebLinkAboutCOM 0309.000 2002-2004 Hm:~ Kim o„~wo`"~w DixsKaeisu
c.
Iriv}oi ~ ~~dnlel .AInnuginO Direciur
:r ~
~ ~ ' 03 flUG 6 A!7 9 'f 5
,r~Or •H1.•M
~~~~11 CGiJr. ~,f .
~~~)1 ~ COUN7~ . ,1= 1-~iai~ i
2? -l~~pum Street, Ro. m 2! ° a Ililo Il.tmau 96720-42$2 • (RO8) 961-5211 hax (808)')6]-b5ti 3 1
~i0~.1 -s-570n Fug. uu Hieh eay. Swte l03 Iiallua-hon:t Ilawei'~ JL74U
(3~~k)i29-?2'G . Fax BOS).~3GS6pl
August 1, 2003
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:
State Land Use Boundary Amendment Application (SLU 03-005)
Request: Agricultural to Urban
Change of Zone Application (REZ 03-O1 l)
Request: A-Sa to CV-20
Applicant: Keaau Service Station, hic.
Tax Map Key• 1-7-1:Portion of 11
Change of Zone Ordinance No. 97-65 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Conditions B, C and D
Tax Map Kev 1-7-173 _
As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for
the County Council's consideration and action are the Planning Commission's letters and
enclosures regarding the above-referenced requests.
incerely,
i~
Harry Kim
Mayor
Comm. No.
i.o~tsos Ref. To:_
F,nclosures Ref. Date ~~r n 7 0
cc: Planning Department
h,3~ li i31,
M
`y
Harry Kim
MOY~I
~~~~.N'M
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
AUIu ! 1
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. 97-65 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Conditions B, C and D
Tax Map Key~ 1-7-173
The Planning Commission, afrer a duly held public hearing on July 18, 2003, voted to
recommend for your approval the proposed legislative bill to amend Conditions B (deadline to
secure Final Subdivision), C (intersection improvement requirements) and D (access and
roadway requirements) of Change of 7.one Ordinance No. 97-65, which rezoned a 45.9-acre area
from an Agricultura120-acre (A-20a) to an Agricultural 1-acre (A-la) zoned district. The
property is located along the north side of State Highway 11, between Huina Road and South
Road, and across from the Keaau Service Station, Olaa, Puna, Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The applicant is requesting amendments to Conditions B, C and D of Ordinance
No. 97 65 for a time extension to comply with the conditions of approval and to amend
the highway access requirements to the site. Effective November 20, 1992, the property
was rezoned from A-20a to A-launder Ordinance No. 92 123. The applicant requested
the change of zone to subdivide the property into forty approximately one-acre lots.
Since then, there were several extensions of time granted by the Planning Director.
Effective May 14, 1997, Ordinance No. 97 65 superceded Ordinance No. 92 123.
Conditions C and D of Ordinance No. 97 65 requires access from South Road, with
~~rll l~E
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
various improvements to the roadway. According to the applicant, the Department of
Transportation (DOT) has indicated that funding is available for the construction of
turning lane improvements at the Huina Road-Hawaii Belt Road. However, the funding
did not include the construction of signal lights at the intersection. The applicant initiated
discussions with the DOT and County to determine the possibility of the applicant
participating in the construction of the signal improvements at the Huina Road-Hawaii
Belt Road intersection and utilizing Huina Road as the access, in lieu of the access via
South Road as stipulated in the ordinance. Based on these discussions, the applicant is
pursuing the proposed amendments.
The inability of the applicant to comply with the requirements of Conditions B, C
and D of Change of Zone Ordinance No. 97 65 is the result of conditions that could not
have been foreseen or are beyond the control of the applicant. The applicant was granted
a change of zone in 1992 to subdivide the property to create the Kurtistown Heights
Subdivision. However, due to unfavorable economic conditions, the applicant vas
unable to obtain financing for the project.
The General Plan LUPAG Map designates the area for low density urban uses.
All essential utilities and services are available to the site.
Condition C is proposed to be amended to require the applicant to construct traffic
signalization and related improvements at the intersection of the Hawaii Belt Road and
Huina Road, meeting with the approval of the Department of Transportation and
Department of Public Works. The applicant is required to construct the traffic
signalization within flue years from the effective date of this amendment. Further, the
applicant may coordinate the construction of the improvements with other interested
surrounding property owners in the immediate area.
Condition D is proposed to be amended to allow access to the proposed
subdivision from Huina Road. The applicant will be required to improve Huina Road
fronting the property to county dedicable standards. None of the proposed lots shall have
direct access from Huina Road. The applicant shall dedicate to the County a 5-foot future
road widening strip along the Huina Road frontage. The applicant is also required to
make any necessary shoulder improvements to Huina Road between its property line and
the Huina Road-Highway 1 1 intersection within the County right-of--way, if required by
the Department of Public Works.
For your favorable consideration, an a,nendment to Change of Zone Ordinance No. 97-65 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,
~~F~~-~
Fred Galdones, Chairman
Planning Commission
LkapohoProp02PC
Enclosures
cc: Mr. William Moore
Department of Public Works
Department of Water Supply
Rodney Haraga, Director/DOT-Highways, Honolulu
6Kapoho PropA RF,Z. doc-7/13/03
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KAPOHO PROPERTIES
CHANGE OF ZONE ORDINANCE N0.97 65 (REZ NO. 728)
AMENDMENT TO CONDITIONS B, C AND D
KAPOHO PROPERTIES has submitted a request to amend Conditions B (deadline to
secure Final Subdivision), C (intersection improvement requirements) and D (access and
roadway requirements) of Ordinance No. 97 65, which reclassified 45.9 acres of land from the
Agricultural (A-20a) to an Agricultural (A-la) zoned district. The property is located along the
north side of State Highway 11, between Huina Road and South Road, across from the Keaau
Service Station, Olaa, Puna, Hawaii. TMK: 1-7-17: 3.
REQUEST
] . The applicant is requesting amendments to Conditions B, C and D of Ordinance No. 97
65 for a time extension to comply with the conditions of approval and to amend s~;e
highway access requirements to the site. Effective November 20, 1992, the property was
rezoned from A-20a to A-launder Ordinance No. 92 123. The applicant requested the
change of zone to subdivide the property into forty approximately one-acre lots. Since
then, there were several extensions of time granted by the Planning Director. Effective
May 14, 1997, Ordinance No. 97 65 superceded Ordinance No. 92 123. Conditions C
and D of Ordinance No. 97 65 require access from South Road, with various
improvements to the roadway. The Department of Transportation (DOT) has indicated
that funding is available for the construction of turning lane improvements at the Huina
Road-Hawaii Belt Road. However, the funding did not include the construction of signal
lights at the intersection. The applicant initiated discussions with the DOT and County to
determine the possibility of the applicant participating in the construction of the signal
improvements at the Huina Road-Hawaii Belt Road intersection and utilizing Huina Road
as the access, in lieu of the access via South Road as stipulated in the ordinance. Based
on these discussions. Che applicant is pursuing the proposed amendments: (Material to
be deleted is bracketed, material to be added is underscored).
(B) subdivision plans shall be submitted to the Planning Department within
one yeaz from the effective date of the change of zone. The plans shall
30j~t3~'ll ~'~6~hC
indicate a "no access" planting screen easement along the Hawaii Belt
Road [frontages of Lots 6, 35 and 36] frontaee. Final Subdivision
Approval shall be secured within [two] five years from the effective date
of this ordinance;
(C) the applicant shall [provide] be resnonsible for construction and/or ravine
for its ro rata share of (channelization] siQnalization and related
improvements at the intersection of the Hawaii Belt Road and [South]
Huina Road in a manner meeting with the approval of the Departments of
Transportation and Public Works, prior to securing Final Subdivision
Approval. This requirement may be satisfied through the execution of a
bond with the County to ensure the construction of these improvements;
(D) interior subdivision access roadways shall meet with the approval of the
Department of Public Works. Access shall not be permitted directly onto
the Hawaii Belt Road [and Huina Road]. [Access to the proposed lots
shall he via a 60-foot right-ol=way on the existing South Road right-of-
way ti•ontingthe subject property. That portion of South Road shall be
improved to county dedicable standards up to a length of 450 feet from the
Belt Highway. Land along the balance of the subject property fronting
South Road shall be set aside and delineated on the subdivision plans to
allow for a future 60-foot wide road, inclusive of the existing South Road
right-of-way;]. A five-foot future road widening setback shall be provided
alone the Huina Road frontage;
The applicant states that by amending the conditions of approval to utilize Huina
Road instead of South Road for access to the site and requiring the construction of
signalization at the Huina Road/Hawaii Belt Road intersection, a) the overall
traffic circulation in the area will be improved; and b) the South Road intersection
improvements, requiring the construction of a major intersection within
approximately 1,200 feet of the Huina Road improvements, would not benefit
other properties in the area. (See Exhibit A - Juue 1, 2003 Letter)
-2-
BACKGROUND INFORMATION
2. November 20, 1992: Effective date of Ordinance No. 92 123 which changed the district
classification of the subject property from A-20a to A-la. The applicant requested the
change of zone to subdivide the property into forty approximately one-acre lots.
3. December 29, 1992: An application fora 40-lot subdivision was filed with the Planning
Director.
4. February 10, 1993: Tentative subdivision approval was granted with conditions.
5. January 5, 1995: Applicant requests a 14-month extension of time to Condition B to
satisfy preliminary sales quotas for financing and bonding of the project.
6. January 31, 1995: Two-year administrative extension of time to Condition B to
February 10, 1997 granted G~ comply with Condition B.
7. November 5, 1996: Applicant requests an additional two-year extension of time to
comply with Condition B.
8. February 27, 1997: Planning Commission recommends favorable action on the
applicant's request to amend Condition B.
9. May 14, 1997: Effective date of Ordinance No. 97 65, which supercedes Ordinance No.
92 123. Condition B requires the applicant to secure Final Subdivision Approval by May
14, 1999. (See Exhibit B -Ordinance No. 97 65)
10. March 19, 1999: Applicant requests a third extension of time to comply with Condition
B.
11. April 14, 1999: Planning Director grants atwo-year administrative extension of time
until May 14, 2001 to comply with Condition B.
AGENCIES' COMMENTS
12. Department of Public Works (July 1, 2003 Memo):
"We have reviewed the subject application forwarded by your memo dated June ] 0, 2003
and offer the following comments for your consideration.
"Condition D of Ordinance No. 97 65 requires South Road be "improved to county
dedicable standards up to a length of 450 feet from the Belt Highway.
"The proposed amendment should include a similar condition along subject property's
Huina Road frontages"
-3-
13. Fire Department: (See Exhibit C- June 23, 2003 Memo)
AGENCIES - NO COMMMENTS
14. Police Department
AGENCIES - NO RESPONSE
I5. Department of Water Supply, DLNR Land Division, DLNR Historic Preservation,
Department of Health, Department of Transportation
PUBLIC COMMENTS
16. The Department has not received any written objections or comments from the
public or adjacent landowners on the subject request.
-4-
WILLIAM L. MOORE PLANNIN~~~7
159 HALAI STREET ~ i~ q
Ht[.o, HAWA? 96720 ~ , ~ , . 1 1 ~ J
(S08) 935-0311/Fax (808) 934-0162
wlmp@gte.net "~~IF
;;;7
June 1,2003
Christopher J. Yuen, Director
County of Hawaii Planning Department
101 Pauahi Street
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Amendment to Conditions of Approval
Ordinance No. 97-65 (REZ 728)
Applicant: Kapoho Properties
Ola'a, Praia, Hawaiii, TMK: 1-7-17: 03
On behalf of Kapoho Properties, this letter is to request an amendment to certain conditions of
approval of Ordinance 97-65. Specifically, this is to request a time extension for compl~anc
with the conditions of approval and to amend the highway access requirements to the subject
area.
The subject property is located on the west side of the Hawaii Belt Road between Huina and
South Roads. The area is currently zoned Agricultural 1-acre (A-la) and is within the State Land
Use Agricultural District. The General Plan Designation for the area has been determined to be
Low Density Urban by the Planning Director
The subject property is currently owned by Vern Yamanaka, Bill Moore and Herbert Lee and
managed by Kapoho Properties whose managing Partner is Vern Yamanaka.
6ACKGROUND
The subject property was rezoned from Agricultural 40a to A- la, effective November 5, 1992.
The applicant proposed to subdivide the property into approximately 40 lots with a minimum lot
size of one acre. The change of zone was approved subject to certain conditions, including the
f
uilowing:
Condition B. Subdivision plans shall be submitted to the Planning Department within
one year from the effective date of the change of zone. The plans shall
indicate a "no access" planting screen easement along the Ilawaii Belt
Road frontages of Lots 6, 35 and 36. Final Subdivision Approval shall be
secured within two years from the effective date of this ordinance.
EXHIBIT
Christopher L Yuen
June 1, 2003
Page No. 2
Condition C. The applicant shall provide channelization improvements at the
intersection of the Hawaii Belt Road and South Road in a manner meeting
with the approval of the Department of Transportation and Public Works,
prior to securing Final Subdivision Approval. This requirement maybe
satisfied through the execution of a bond with the County to ensure the
construction of these improvements;
Condition D. hrtcrior subdivision access roadways shall meet with the approval of the
Department of Public Works. Access shall not be permitted directly onto
the 1 [awaii Belt Road and Huina Road. Access to the proposed lots shall
be via a 60-foot right-of--way on the existing South Road right-of-way
fronting the subject property. That portion of South road shall be
improved to county dedicable standards up to a length of 450 feeC from the
Belt Highway. Land along the balance of the subject property fronting
South Road shall be set aside and delineated on the subdivision plans to
allow for a future 60-foot wide road, inclusive of the existing South Road
right-of-way.
On December 29, 1992, the applicant submitted subdivision plans for the 40-lot "Kurtistown
heights Subdivision". Tentative approval was secured on February ] Q 1)93. The plans
included access via South Road in accordance with Condition D.
On January 5, 1995, the applicant requested a two year administrative time extension to comply
with the requirements of Condition B to secure final Subdivision approval within two years of
'Tentative Approval. On January 31, 1995, the Planning Director approved the time extension
until Febniary 10, 1997.
In November 1996, the applicant requested a amendment to Ordinance No. 92-123 to allow
completion of Final Subdivision Approval within two years of the effective date of the revised
Ordinance. This amendment was approved on May 14, 1997 as Ordinance No. 97-65.
On March 19, 1999, the applicant requested an adtinistrative time extension to comply with
Condition B based on the inability to obtain financing in the present economic conditions. The
Planning Director granted this requested by letter dated April ] 4, 1999.
Since that time, the applicant has worked dilligently to secure financing, including attempting to
reach agreement with Hawaii Community Development Corporation for the development of a
self help housing project. 't'his project was not pursued because o'f community opposition.
Recently, the State Department of 17ansportation announced [hat funding for the constniction of
truring lane improvements aC the Huina Road-Hawaii Belt Road intersection has been secured.
[n discussions with the DOT Traffic Division Hawaii Dish~ict Office, we learned that the fimding
Christopher J. Yuen
June 1, 2003
Page No. 3
did not include construction of signal lights at the intersection.
The applicant then initiated discussions with DOT and the County to determine if there was
interest in the applicant participating in the construction of the signal improvements at Huina
Road-Hawaii Belt Road intersection and then utilizing Huina Street as the access, in lieu of
access via South Road. Based on the preliminary discussions, the applicant decided to pursue the
proposed amendments.
NATURE OF REQUEST
The applicant is seeking to amend conditions B, C and D of Ordinance No. 97-65 to allow the
following:
Condition B. Subdivision plans shall be submitted to the Planning Department within
one year from the effective date of the change of zone. The plans shall
indicate a "no access" planting screen easement along the Hawaii Belt
Road frontage -`T.-'- ` Final Subdivision Approval shall
be secured within five [ttva] years from the effective date of this
ordinance.
Condition C. The applicant shall [provide] be responsible for construction and/or
~ayingfor its pro rata share of [elranneiizatiar] signalization and
related improvements at the intersection of the Hawaii Belt Road and
Huina [Seccth] Road in a manner meeting with the approval of the
Department of Transportation and Public Works, prior to securing Final
Subdivision Approval. This requirement maybe satisfied through the
execution of n bond with the County to ensure the construction of these
improvements;
Condition D. Interior subdivision access roadways shall meet with the approval of the
Department of Public Works. Access shall not be permitted directly onto
the Hawaii Belt Road. [
Ire~i - - - -
a_ _c ncn r__. r_ a__
UL Vl `tJV CIO
~ b
c t ~
riglrtvf-a~q-; A five foot fuhire road widening setback shall be
provided along the Huina Road frontage.
All other conditions of approval wi] l be complied with by the applicant.
Christopher J. Yuen
June 1, 2003
Page No. 4
NATURE AND REASONS FOR REQUEST
The State of Hawaii is proceeding with the improvement of the Huina Road/Hawaii Belt Road
intersection by providing turning lanes and related improvements. While signalizatin of the
intersection is justified, there are not sufficient funds to pay for these improvements.
The applicant is intending to proceed with the subdivision of the Kurtistown Heights Subdivision
in the foreseeable future. As part of the current conditions of approval, access will be via South
Road, which would involve the construction of turning lanes and other related improvements.
While this would relieve some pressure from Huina Road, the South Road intersection
improvements would not benefit any other properties. Furthermore, it would involve the
construction of a major new intersection within approximately 1,200 feet of the Huina Road
improvements.
In lieu of providing the South Road intersection improvements, the applicant is proposing to
provide signals at the Huina Road intersection, either by itself or with other developments in the
area.
[n this way, the Huina Road intersection will function in a safer and more efficient mannerand
the construction of a major new intersection, with limited benefit for surrounding lands, would
be avoided.
The original Ordinance, approved in 1992, restricted use of Huina Road because of the existing
traffic congestion at the I-Iuina Road/Hawaii Belt Road intersection. The proposed
improvements by the State Department of Transportation, including the construction of the
turning lanes will relieve the congestion and improve the safety of the intersection. However,
without signalization there it will still be difficult to make a left tarn from Huina Road on to the
Hawaii Belt Road. Turning movements into the service station and the Sako Store complex from
Hawaii Belt Road are also difficult.
By amending the conditions of approval to allow the Kurtistown Heights Subdivision to utilize
IIuina Road, at the same time requiring the construction of signalization at the Huina
Road/Hawaii Belt Road intersection, the overall traffic circulation in the area will be improved.
Since the original zoning wus granted in 1991, there has been no change to the General Plan
Land Use Pattern Allocation Guide map designation of Low Density Llrban. Furthermore, the
reasons for approving the diangc of zone have not changed.
Based on the foregoing, the applicant respectftdly requests your favorable processing of this
matter. PlllSnant to the 7.oning Code, please ftnd enclosed the following:
Christopher J. Yuen
June 1, 2003
Page No. 5
1. Original and twenty (20) copies of the amendment request;
2. A list of surrounding property owners within three hundred (300) feet of the
subject' property;
3. Real Property Tax CYearance; and
4. A filing fee of $500
Thank you for your consideration of this request.
Sincerely,
William L. Moore
attachments
cc: Vem Yamanaka
Yamanaka Enterprises, Inc.
The Hilo Iron Works Building
1266 Kamehameha Aveni~r~ ~~~!!V ~ q~ ~ } ~ ~
Hilo,Nawaii 96720
c,~~;:~~, ~~En~r
=u
May 31, 2003 '
Christopher J. Yuen, Director
Hawaii County Planning Department
101 Aupuni Street
Milo, Hawaii 96720
Dear Mr. Yuen:
Subject: Proposed Amendment to Conditions of Approval
Ordinance No. 97-65 (REZ 728)
TMI:: 1-7-17: 03
This is to inform you that Bill Moore, Principal of William L. Moore Planning, is authorized to
represent me in the processing the proposed amendment to Change of Zone Ordinance No. 9 )7-
65 (RGZ 728).
Please feel free to call meat 935-9766 if you have any questions on this matter.
Sincerely,
-
em Y ~ anaka
cc: Bill Moore
~xiv or p~~ William Takaba
Harry Kim ~,o,.•
~ Finance Director
Mayur w•,
•j':
~r~ or'xr.~
County of Hawaii
E~~_~-~~~~;
cfV T DEPARTMENT OF FINANCE -REAL PROPER'CY TAX
- ~jiAupuni Center 101 Pauahi S[., Stc 3 • Flilo, Hawaii 96720-4224 . Fax (808) 961-847
Appraisers (8UR) 961-8354 Clerical (808) 961-8201 Collections (SOR) 901-R282
75-5706 Kuakini lli,hway Suite 112 Kailua-Kona, i lawaii 96740 • Fax (808) 127-3538
Appraisers (808) 327-3542 Clerical (808) 327-3540
REAL PROPERTY TAX CLEARANCE
(rev. 07/99)
June 2, 2003
TMK(s): (3)1-7-017-003-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) lis±ed above have been paid up to and including June 30, 2003.
This clearance was requested on behalf of Kapoho Properties
for the County Planning Department and is issued for this/these parcel(s) only.
y
B
v f-
Ann Kekahuna/Cashier
REAL PROPERTY TAX DIVISION
1-7-17: 1~0, 149 1-7-O1: 55 1-7-O1: 18
Kesau Agricultural Land Corp. William osttiyco Subica Norn~an & Mit~ie Tsuji
Carla J. Beard P. 0. Box•~~08~-'~y 3 ,~~'1 1.1 1g Box 8
P. 0. Box 6012 Kurtisto HI 96760 Kurtistow~n, III 96760
KaRUeia, HI 96743 ~ ~ i fEN'I
^~I
1-7-17: 4 1-?-Ol: 1: 1-7-O:L• 30
Puma Sugar Co., Ltd. Ila T. Peralta Thomas & FtmLi.e Kuritani
Box 210 Box 756 Box 187
Keaau, HI 96749 Kurtistown, HI 96760 Kurtistown, HI 96760
1-7-ll: 2 ~ 1-7-01: 10 1-7-01.: 69~
Kaoru S Renee Weightman William & Mildred Subica Abraham K. Hata Trust Etal
P. 0. Sox 21S P. 0. Box 601 Daniel T. Hata
K~:rtlstown, HI 96760 Keaau, HI 96749 P. O. Box H
Kurtistown, HI 96760
1-7-17: 60 1-7-OL• 61 1-7-01: 20
Kurtistown Jodo Mission Dennis K. Yamamoto Etal Masae Suzuki Etal
Box C Lance Warren Harry N. Suzuki
Kurtistown, HI 96760 Box 42 39 Hoomalu Street
Kurtistown, HI 96760 Hilo, HI 96720
1-7-17: 147 1-7-01: 11 1-7-01: 21
Henry & Seiko Grote
Keaas Agricultural Land Cor Motoshi & Kiyoko Sato ~
< P• I. 0. Box 61
Robert L. Kincaid Etal Box 32 Kurtistown, HI 96760
P. 0. Box 352 Kurt:istown, HI' 96760,
Mountain View, HI 96771
1-7--01: 13 1-7-01: 32 1-7-01: 25
Earl E. toma Trust
Alan & Aiko Subica Earl E. Toma Trustee Abraham K. Hata Trust
Box :'.48 P. 0. Box 381 346 Ianeke Street
Kur t~_st~~wn, HI 96771 Kurtistown, HI 96760 Hilo, HI 9672C
E x H I B I T B ~
Page 1 of 4
L-7-01: 59 1-7-O1: 57 1-7-O1: 49, 4
Harry & Sumiko Suzuki Motoshi Sako Evarist & Chitoe Sakai
39 Hoomalu Street Box 32 Ray M. Shirakawa
Hi Lo, HI 96720 Kurtistown, HI 96760 P. 0. Box 16
Kurtistown, HI 96760
1-7-01: 22 1-7-01: 40, 19, 16 1-7-01: 34
Takeshi & Mary Nakashima
Daiziel T. Hata Larry & Cynthia Christante Franco & Felicitas Apostol
2437 Kilauea Avenue 10301 Spicewood Mesa P. 0. Box 984
Hilo, HI 96720 Austin, TX 78759 Kurtistown, FiI 96760
1-'-01: 66 1-7-01: 68
1-7-01: 36
Yvette Y. SimLida Etal Abraham K. Hata Trust
Edward 0. Kobayashi 347 I.aneke Street
Box 759 P. 0. Box 213 Hilo, HI 96720
Mountain View, HI 96771 Kux'tistown, HI 96760
1-7-OL 67 1-7-01: 35 i-7-16: 37
Daniel T. & Kikuno Hata etal Amy E. Matsukado Tadashi & Akiyo Tomonaga
P. 0. Box H p, 0. Box 51 Box 206
Kurtistown, HI 96760 Kurtistown, HI 96760 Keaau, HI :96749
1-7-01: 24 1-7-01: 17 1-7-16: 33
George & Susan Hashimoto ShiF;eo & Kiyoko Kan Jennie T. Yamashita
Box 67 Box 107 1413 Akamai Place
Kurtistown, III 96760 Kurtistown, HI 96760 K<iilua, HI 96734
1-7-16: 48
1-7-01: 63 1-7-01: 33
State of Hawaii George & Lillian Tomonaga
Standard Oil of California Setsu Gee Etal 55 Maka].ani Street
:~fotoshi Sako Hiremu Yamanaka Realty Hilo, HI 96720
Y. Box 32 1266 Kamehameha Avenue
Kurtistokn, HI 96760 Hilo, HI 96720
E k H I B I T B
Page 2 of 4
1-7-16: 4 1-7-03: 45, 31, 32/002 1-7-19: 26
Nc:boru & Jane Kon Etal Kenneth & Kehaunani Masaki Chieko Matsukado Et~l
Takeo Ogi Box 292 Box 51
Box 75 Kurtistown, HI 96760 Kurtistown, III 96760
Kurtistown, HI 96760
1-7-16: Z 1-7-03: 30 1-7-19: 30
Daniel Barker Grice Etal Louise M. ~furakami Trust John 9. Leonard
P. 0. Box 1641 Louise M. Murakami Box 412
Kesau, HI 96749 BOx 97 Kurtistown, HI 96760
Kurtistown, HI 96760
1- 7-16 : 51 1-7-03: 29 1-7-19: 25
Damsel Barker Grice Etal Ivan M. Torigoe Etal Hawaii Printers Inc.
Various Owners - Roadway Toshio Torigoe Retirement Trust
P. 0. Box 1641 Box 102 Atco Itee for Hilo Printers
Keaau, HI 96749 Kurtistown, HI 96760 841 Bishop Street, x/1203
Honolulu, HI 96813
1-7-16: 32 1-7-03: 32 1-7 -19: 24
Wilbert Shimabukuro Alfred Kumalae Sr. Etal William G. Kohler Etal
Lisa Anne Kama Box 9744 Milton & Corrine Hoshijo
410-C Inia Lane Marina Del Rey, CA 90295 Box 484
Kilo, HI 96720 Kististown, HI 96760
1-7 -03: 33, 20 1-7-19: 28
1-7--03: 32/001
Elika Kumalae Yoshie Tanaka
Richard Yutaka Koga Box 9744
1517 Crenshaw Road Box 109
Los Angeles, CA 90019 .farina Del Rey, CA 90295 Kurtistown, HI 96760
1-7--03: 42 1-7-19: 23
Sadao Koga Ear..1 K. Nomura Etal
Box 104
Kurtistown, HI 95760 Kimiko Nomura
Box 109
Kurtistown, HT 9676C
E N [I I B I T B
Page 3 of 4 ~
1-7-19: 22 1-7-19: 14 1-7-01: 37, 63, 14, 39, 38
1-7-03: 23
Hilnena Madriaga
Ro;elio Madriaga Robert & Anne Mendiola State of Hawaii
Jessie Veriato Box 1250 Accounting & General Service;
Hilo, HI 96720 75 Aupuni Street
Box 168 fiilo, HI 96720
KLLrtistown, HI 96760
1-;'-19: 21 1-'-19: 15 ].-7-03: 19
Leroy K. Nagasako Etal County of Hawaii
98-1776 Piku Way Masaji Fujiyama Department of Finance
Aiea, HI 96701 Box 71 25 Aupcuii Street
Kurtistown, HI 96760 Hilo, HI 96720
1-7-19: 20
1-7-19: 3 1-7-19: 11
Newton & Loretta Lurbe
Box L Kimiyo Abe Trust William & Bessie Paresa
Kurtistown, HI 96760
Kimiyo Abe 3215 Ala Ilima Street, B-208
Box 127 Honolulu, HS 96818
Kurtistown, HI 96760
1-7-19: 19 1-7-19: 17
hfamoru 7Jnade Yostunari Haraguchi Etal
Box 81 Box 207
Kurtistown, HI 96760 Kurtistown, HI 96760
1-7-19: 12 1-7-19: 18
Bruce Shimizu
Bruce Shimizu Estate Yoneichi & Ochito Kosora
Box 915 Box 134
Kurtistown, HI 96760 Kurtistown, HI 96760
1-7-19: 13
Stevan R, Desante
936 Belmont Avenue
Long Beach, CA 90804 ~ '
<<~ .
-
E X H I B I T B T" .
Page 4 of 4
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 65
ORDINANCE NO. 9`7 65
AN ORDINANCE AMENDING ORDINANCE NO. 92-123 WHICH CHANGED THE
DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL
(A-la) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP KEY 1-7-17:3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Ordinance No. 92-123 is amended as follows:
"SECTION 2. This change in district classification is conditioned upon the following:
(A) the applicant, successors, or assigns shall be responsible for complying with all of the stated
conditions of approval; (B) subdivision plans shall be submitted to the Planning Department
within one year from the effective date of the change of zone. The plans shall indicate a "no
access" planting screen easement along the Hawaii Belt Road frontages of Lots 6, 35 and 36.
Final Subdivision Approval shall be secured within two years from the [date of receipt of
Tentative Subdivision Approval] effective date of this ordinance ; (C) the applicant shall provide
channelization improvements at the intersection of the Hawaii Belt Road and South Road in a
manner meeting with the approval of the Departments of Transportation and Public Works, prior
to securing Final Subdivision Approval. This requirement may be satisfied through the
execution of a bond with the County to ensure the construction of these improvements; (D)
interior subdivision access roadways shall meet with the approval of the Department of Public
Works. Access shall not be permitted directly onto the Hawaii Belt Road and Huina Road.
Access to the proposed lots shall be via a 60-foot right-of--way on the existing South Road right-
of-way fronting the subject property. That portion of South Road shall be improved to county
E)CHIBlT
dedicable standards up to a length of 450 feet from the Belt Highway. Land along the balance of
the subject property fronting So~~ih Road shall be set aside and delineated on the subdivision
plans to allow for a future 60-foot wide road, inclusive of the existing South Road right-of--way;
(E) access to the subject property shall meet with the approval of the Departments of
Transportation and Public Works; (F) drainage improvements, if required, shall be provided in a
manner meeting with the approval of the Department of Public Works, prior to securing Final
Subdivision Approval of the proposed development; (G) restrictive covenants in the deeds of all
the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of
the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to
the Planning Department for review and approval prior to final subdivision approval. A copy of
atypically recorded covenant shall be filed with the Planning Department within one year from
the date of final subdivision approval; (IT) should any unidentified sites or remains, such as
artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or
wall be encountered, work in the affected area shall cease and the Planning Department
immediately notified. Subsequent work shall proceed upon an archaeological clearance from the
rlaruung Depart..,ent when it finds that sufficient mitigative measures have been taken; (I) all
other applicable laws, rules, regulations and requirements shall be complied with; (.l] should the
Council adopt 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 applicant's
election, be satisfied by performance in accordance with the requirements of the Unified Impact
Fees Ordinance; (K) an annual progress report shall be submitted to the Planning Director prior
to the anniversary date of the effective date of the Change of Zone. The report shall include, but
-2-
not be limited to, the status of the development and to what extent the conditions of approval are
being complied wi*h. This condition shall remain in effect until all of the cond~tic ~s of approval
have peen complied and the Planning Director acknowledges thu further reports aze not
required; and, (L) 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 applicant, 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 the
Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for
the granting of the Change of Zone; 4) the time extension granted shall be for a period not to
exceed the period originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year); and 5) if the applicant should require an
additional extension oftime, 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:
~O~JNCII, MEMBER, COUNTY OF HAWAII
-3-
Hilo, Hawaii
Date ofIntrodurtion: April 23, 1997
Date of 1st Reading: April 23, 1997
Uate of 2nd Reading: May 7, 1997
Effective Date: May 14, 1997
REFERENCE: Comm. ' 17
APPROVED AS TO FORIv4 AND LEGALITY
DEPUTY CORPORATION COUNSEL
DATED: MAY 1 2 1997,
-4-
A-zoo / A-2ee ~
/~~%////J/~
'
A-2eq
1~ FOR INFORMATION ONLY
ti
A-¢oe
~ ~ ~~IWASAKI
Q S VtLL.gO E"
A-le ~ ~
y A_zce ~
A-zee a
~ ~ ~o ~ z 8
A-toe ~ h
A lao ~O RS.~-° D G
1 I
z F
A-I a A-'1eq
271.1 '_3 D
B14.ss w 0
_ _ .•OLAA" ss Z
Rs-zo
A_zaa o
,e
0
AC3RfOULTU RAL (fi-20a) ~
~ TO A~sRt~t1LTURAL (A-lo) Ra'tze\ Ra-zo~,'
`VeL°"'° IRp-le. A12LA=45.°.~45ACRZ=S ~
Iq ~ II
1 ~e_ i
Rg.
A-3q I{~~'~°fI I
I A_gq -y CV /e R3-10 ROfle1
Vot_CA o ^~AO Hiles
0
20 I z' i - 3m ~ ~ n R~9 \-2q
u R3 10 V
A_~ \ R3 zo
AY5q ~ ~ ~ 0 A A la ~
1 A Ie~
I ~
A lee I 9
I iR9'~ yIII
I I A--Ie
A 9e Q I I
A 5e A-lee y
P
1 A~Jgi
T A-sA
PI 3
OI ~
r~
A-boa
A Sq
Aloe
A-lee
Ailq ~
AMENDMENT TO THE ZONING CODE
AMEfVDlN6 SECTfON 25-f03 (PUMA DiSTRiCT 20PfE MAPS
ARTiCf-E 3, Gt1APTEl? ~.5 (ZON1N~ CODE) OF THE HAWAiI
CoUIYT~' CODE t37' CHANC3INC-3 THE DiST1¢iCT CLA551F1 CA-
T1oN FROM AGRICLILZ't1RAL (A-2oa) To P~GRICUI_TI.JRAL
(A-la) AT OLAA, PUNA, HAWAtI.
pREPARE~ 87 ~ PLANNING t'»=PAf~2TM~NT
CCUhtT7' C~ }-}AWRtI
LTMiC=t-7-17'3 .1uLY I, t°J<J2
EhHIBIT 11/-~1, (KAPOI-to pR OPERTIES~
OFF]CE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
R~^' n ,r--~
- -
I ROLL CALL V T
Introduced By: Hobby Jean Leithead-Todd C (AYES NOES ABS EX
April 23, 1997 All
Date Introduced:
First Reading: April 23, 1997 Chun X
Published: N/A Leithead-Todd X
Ray
REMARKS. Reynolds
Santangelo X
Smith
_ Tyler X
Yagong
9 0 0 0
Second Reading: May 7 , 1997 ROLL CALL VOTE
To Mayor: May 8, 1997 AYES NOES ABS EX
Resumed: May 14, 1997 Arakaki X
Effective: May 14, 1997 Chung X
Published: May 23, 1997 Leithead-Todd
Ray 7{
Reynolds
REhtARKS.~
Santangelo X
Smith X
Tyler X
Yagong X
9 0 -0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.A~RE~~~D AS 70
FvRM AND LEGALITY:
i~~i.E.t_a . K . D
CEP'J TY CORPORATION COUNSEL
COUNiY OF HAWAII
Date---MAY1219-97
Approved/Drned rh(s t ,_day ~ COU CIL HAIRMAN
of_~ l9
COUNTY CLERK
AYOR, COU OF BAWA// Bill Nn.: 65
Reference: C-217/PC-39
ord. No.: 9'7 65
•xV e~ yqw
`d?.`~ 'hs.
Harry Kim ` - Darryl J. Oliveira
M1faynr Fire Chief
Desmond K. Wer
oi'+py> prpup• Fire Chic/' y
.~~-~v ,1141 ~
' ~uunt of
p ~atuaf t
,=;~-1. FIRE DEPARTMENT
- ~ 25 Aupuni Stree[ • Suite 103 • Hilo, Hawai°i 96720
I~
(8118)961-8297 • Fax (R08)961-8296
June 23, 2003
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DARRYL OLIVEIRA, FIRE CHIEF
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 97-65 (REZ 728)
APPLICANT: KAPOHO PROPERTIES
REQUEST: AMENDMENT TO CONDITIONS B, C AND D
TAX MAP KEY: 1-7-17:3
Final subdivision approval shall include water supply in accordance with UFC 10.301:
"Sec. 10.301. (a) Type Required. The chief shall designate the type and number of
fire appliances to be installed and maintained in and upon all buildings and premises
in the jurisdiction other than private dwellings. This shall be done according to the
relative severity of probable fire, including the rapidity with which it may spread. Such
appliances shall be of a type suitable for the probable class of fire associated with
such building or premises and shall have approval of the chief.
"(b) Special Hazards. In occupancies of an especially hazardous nature or where
special hazards exist in addition to the normal hazard of the occupancy, or where
access for fire apparatus is unduly difficult, additional safeguards may be required
consisting of additional fire appliance units, more than one type of appliance, or
special systems suitable for the protection of the hazard involved. Such devices or
appliances may consist of automatic fire alarm systems,
automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire
extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic
covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-
extinguishing systems. Where such systems are installed, they shall be in
accordance with the applicable Uniform Fire Code Standards or standards of the
National Fire Protection Association when Uniform Fire Code Standards do not apply.
= p\I COGi<
EXI~IBIT
C
Christopher J. Yuen, Planning Director
Page 2
June 23, 2003
"Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains
or other fixed systems capable of providing the required fire flow.
"The location, number and type of fire hydrants connected to a water supply capable
of delivering the required fire flow shall be protected as set forth by the respective
county water requirements. All hydrants shall be accessible to the fire department
apparatus by roadways meeting the requirements of Section 10.207.
"(d) Fire Hydrant Markers. When required by the chief, hydrant locations shall be
identified by the installation of reflective markers.
"(e) Timing of Installation. When fire protection facilities are to be installed by the
developer, such facilities including all surface access roads shall be installed and
made serviceable prior to and during the time of construction. When alternate
methods of protection, as approved by the chief, are provided, the above may be
modified or waived.
"(f) All fire alarm systems, fire hydrant systems, fire extinguishing systems
(including automatic sprinklers), Class I, II, III (combination standpipe system) and
combined systems, basement inlet pipes, and other fire protection systems and
appurtenances thereto shall meet the approval of the fire department as to
installation and location and shall be subject to periodic tests as required herein.
Plans and specifications shall be submitted to the fire department for review and
approval prior to installation."
ARR L OLIVEIRA
ire Chief
RK:Ik