HomeMy WebLinkAboutCOM 0598.000 2002-2004 ~SY Oi y'~
L~ i
Harry Kim Dixie Kaetsu
Mn or j• Munnging Director
Y
' Peter L. Hendricks
~R'a'NPM Deputy Murtaging Director
COUNTY OF HAWAII
25 Aupuni Shee[, 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
Apri16, 2004
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. 94-99 (REZ 770)
Applicant: Mitchell Thompson (formerly Wilfred Kita)
Request: 3-Year Time Extension to Condition C
Tax Man Key: 5-5-2:85
As required by Chapter 4, Sec. 6-4.3(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.
Sincerely,
C~.~~
Harry Kim
~ Mayor
Lthompson0l may
Enclosures
cc: Planning Department
b, r~ ...:,E~.
Comm. No. S~1
Ref. To: pL
Ref. Date APR~,,,~~ a~ ~~~Q
4~JN~,. o` ~,w9
Harry Kim y6i~;
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Moto.
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County of Hawaii
PLANNING COMMISSION
101 Pauahi SVeet, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
April 6, 2004
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. 94-99 (REZ 770)
Applicant: Mitchell Thompson (formerly Wilfred Kita)
Request: 3-Year Time Extension to Condition C
Tax Map Key: 5-5-2:85
The Planning Commission, after a duly held public hearing on March 19, 2004, voted to
recommend for your approval the proposed legislative bill to amend Change of Zone Ordinance
No. 94-99 which rezoned approximately 7 acres of land from an Agricultura120-acre (A-20a) to
an Agricultural 3-acre (A-3a) district. The property is located along the west side of Hawi Road,
approximately 1,700 feet north of the Hawi Road-Kohala Mountain Road (Highway
250)-Kynnersley Road junction, Kaauhuhu Homesteads 2"d Series, Kaauhuhu, North Kohala,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the change of zone:
The applicant is requesting a 3-year time extension to Condition C (time to secure
final subdivision approval) of Change of Zone Ordinance No. 94 99 (REZ 770), which
rezoned 7 acres from an Agricultural 20-acre (A-20a) to an Agricultural 3-acre (A-3a)
district.
Effective September 13, 1994, Ordinance No. 94 99 changed the district
classification of the subject property Agricultural 20-acre (A-20a) to Agricultural 3-acre
(A-3a). The original applicant, Wilfred Kita, requested the change of zone to be able to
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
subdivide the 7-acre pazcel into 2 parcels, a 4-acre and a 3-acre parcel. At that time, Mr.
Kita's intention was to keep one pazcel and sell the other parcel. Under Condition C,
Final Subdivision Approval for the property should have been secured within three (3)
years from the effective date of the change of zone, or September 13, 1997. Although the
original applicant secured Tentative Subdivision Approval on May 17, 1995, Final
Subdivision Approval was not secured. Mr. Kita also received an administrative time
extension for an additional three (3) years to comply with Condition C until
September 17, 2000.
The inability of the applicant to comply with the requirements of Condition C of
Change of Zone Ordinance No. 94 99 is the result of conditions that could not have been
foreseen or are beyond the control of the applicant. According to the applicant's
representative, the new applicant, Mitchell Thompson, has recently secured title to the
property with the intent of consummating the proposed subdivision. The applicant
unfortunately was not aware that the required time had lapsed. The Planning Director is
recommending approval to allow the new owner/applicant the opportunity to subdivide
the property as originally intended.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. Since the rezoning was approved for the project site in 1994, there have
been no changes to the General Plan affecting the subject property or immediately
surrounding area. Furthermore, neither the Subdivision Code nor the Zoning Code has
been changed which would affect the conditions of tentative subdivision approval issued
on May 17, 1995.
Granting of the time extension would not be contrary to the original reasons for
the granting of the permit. The Planning Director and the Planning Commission initially
recommended denial of the request to the County Council based on the lack of County
water. At the time the County Council reviewed the request, the Department of Water
Supply informed the Council that water was available. With the availability of water, the
Council granted final approval for the rezoning request.
The Department of Water Supply stated in their comment letter that the one
additional water commitment for the proposed subdivision expired on May 31, 1998 and
the $150 water commitment was forfeited. DPW further stated that water is noC available
for subdividing or for a change of zone request. The Planning Director is recommending
the approval for a time extension of three (3) years to allow the applicant the opportunity
to subdivide the property if water becomes available within the three-year period. A
condition will be added to reflect that a water variance will not be granted for the
proposed subdivision.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
The approval of this extension request would not be inconsistent with the original
reasons for approving the rezoning ordinance.
For your favorable consideration, an amendment to Change of Zone Ordinance No. 94-99 is
transmitted.
We are enclosing copies of the staff Background and Planning Director's Recommendation for
your information.
Sinc
Fred aldones, Chairman
Planning Commission
Lthompson02PC
Enclosures
cc: Mr. Sidney Fuke
Mr. Mitchell Thompson
Department of Public Works
Department of Water Supply
Planning Department -Kona
Rodney Haraga, Director/DOT-Highways, Honolulu
i
BThompson-REZ770.jwd 03-01-04
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
MITCHELL THOMPSON
CHANGE OF ZONE ORDINANCE NO. 94 99 (REZ 770)
AMENDMENT TO CONDTTION NO. C
MITCHELL THOMPSON is requesting a 3-year time extension to Condition C (time
to secure final subdivision approval) of Change of Zone Ordinance No. 94 99 (REZ 770), which
rezoned 7 acres from an Agricultural 20-acre (A-20x) to an Agricultural 3-acre (A-3a) district.
The property is located along the west side of Hawi Road, approximately 1,700 feet north of the
Hawi Road -Kohala Mountain Road (Highway 250) - Kynnersley Road junction, Kaauhuhu
Homesteads 2nd Series, Kaauhuhu, North Kohala, Hawaii, TMK: 5-5-002:085.
REQUEST
1. Request: The applicant is requesting a 3-year time extension to Condition C (time to
secure final subdivision approval) of Change of Zone Ordinance No. 94 99 (REZ 770),
which rezoned 7 acres from an Agricultural 20-acre (A-20x) to an Agricultural 3-acre (A-
3a) district. (See Exhibit A -January 16, 2004 Letter With Attachments)
Applicant's Reasons for the Request: The applicant recently secured title to the
property with the intent of consummating the proposed subdivision. The applicant
unfortunately was not aware that the required time to secure final subdivision approval
had lapsed. He is requesting the time extension to secure final subdivision approval.
GENERAL INFORMATION
2. September 13, 1994: Effective date of Change of Zone Ordinance No. 94 99 (REZ 770)
amending Section 25-95B (Upolu Point - Kaauhuhu Homesteads Zone Map), Article 3,
Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district
classification from Agricultural 20-acre (A-20x) to Agricultural 3-acre at Kaauhuhu,
North Kohala, Hawaii, covered by Tax Map Key 5-5-002:085. The prior applicant and
landowner was Wilfred Kita.
3. May 17, 1995: Tentative Subdivision Approval (SUB 1995-0005) was secured from the
Planning Department in partial compliance with Condition C of Change of Zone
C 5-98 ~~.~ii ~ha) PL
Ordinance No. 94 99 (REZ 770), which requires that Final Subdivision Approval be
secured within three (3) years from the effective date of this ordinance (September 13,
1997). There were five (5) time extensions to complete all requirements for tentative
approval, the last extension ending on May 17, 2000 (See Exhibit B -Letter Dated
February 16, 2000 from Planning Department).
4. February 23, 1998: A three (3) year administrative time extension was granted to
comply with Condition C (secure final subdivision approval) of Ordinance 94 99 (REZ
770). The three (3) year time extension ended on September 13, 2000.
AGENCIES' COMMENTS
5. Department of Water Supply; (See Ezhibit C -January 15, 2004 Letter)
6. Fire Department: (See Ezhibit D -February 10, 2004 Memo)
AGENCIES - NO COMMENTS OR OBJECTIONS
7. Police Department.
AGENCIES - NO RESPONSE
8. Department of Public Works, Real Property Tax Office, Department of Land and Natural
Resources State Historic Preservation Division and Department of Health.
APPLICANT'S RESPONSE TO COMMENTS
9. (See Ezhibit E -Letter Dated February 25, 2004)
PUBLIC COMMENTS
10. The department has not received any written objections or comments from adjacent
property owners or the community on the request.
-2-
SidneyFuke, Planning Consultant
700 Pauahi Street, Suite 212 • Hilo. Hawaii 96720
Telephone: (808) 969-1522 • Fax: (808) 969-7996 "'?q • Planning • Vznance • Zoning
• Subdivision • Land Use Perm
r_,,_ ~ • Environmental Reports
January 16, 2004
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Annual Report and Rezoning Time Extension Request -
Ord. 94-99 (REZ 770). Mitchell Thomason TMK• 5-5 02• SS
The subject property, consisting of 7 acres, is located on the northwestern corner
of the intersection of Hawi Road and "Beers" Road in the Kaauhuhu Homesteads, 2nd
Series, Kaauhuhu, North Kohala. By approval of Ordinance No. 94 99 (Exhibit B), the
subject property was rezoned on September 13, 1994 from Agriculture (A-20a) to
Agriculture (A-3a). This approval was subject to a number ofperformance conditions,
one of which required securing final subdivision approval within three (3) years of the
rezoning approval.
Following this approval, tentative subdivision approval (SUB 1995-0005) was
granted on May 17, 1995 (Exhibit C). A map of the proposed subdivision is reflected in
Exhibit D. Since that time, there were a total of five (5) administrative time extensions
granted to secure final approval, with the last one on record extending to September 13,
2000. No further extensions were applied for by the applicant and/or landowner.
The subject property was conveyed to Mitchell and Yuka Thompson on
September 17, 2003. The new owners wish to finalize the subdivision as soon as
possible. However, in a letter, dated January 7, 2004, this office was informed that
before the subdivision application can be pursued any further,
In that regard, on behalf of the landowners (a copy of which is attached as
Exhibit A), I would appreciate your considering this letter as the formal request for a
time extension.
Nature of Request
The applicants, Mitchell and Yuka Thompson, hereby request an amendment to
Condition C of Ordinance No. 94 99 to allow secure final subdivision approval within
three years of the effective date of an amendment to this ordinance.
EX~BIT
Mr. Christopher Yuen
January 16, 2004
Page 2
JUSTIFICATION OF REQUESTS
In making this extension request, the applicant respectfully requests your taking
the following into consideration:
1. The applicants' inability to perform within the stipulated period was a
result of conditions that could not have been foreseen or were beyond the
control of the applicants and not attributable to the applicants' negligence.
As noted above, the applicants recently secured title to the property with
the intent of consummating the proposed subdivision. The applicants
unfortunately were not aware that the required time had lapsed.
2. Approval of this request would not be contrary to the prevailing General
Plan, Zoning Code, and Subdivision Code.
Since the rezoning was approved for the site in 1994, there have been no
changes to the General Plan affecting the subject property or immediately
surrounding area. Furthermore, neither the Subdivision Code nor Zoning
Code has been changed which would affect the conditions of tentative
subdivision approval issued on May 17, 1995.
3. Approval of this request would not be contrary to the original reasons for
granting of the request for the rezoning ordinance, as amended.
The Planning Director and Commission initially recommended the denial
of this request due to the absence of County water. However, when the
County Council considered the request, the Department of Water Supply
notified the Council that water was in fact available. As such, the only
reason for the denial recommendation was thus overcome, and the Council
granted final approval of the rezoning request.
Notwithstanding that only infrastructure issue, the Director and
Commission, in summary, concluded that the proposed request or
development was consistent with the General Plan LUPAG map and the
Kohala Community Development Plan. Inasmuch as all of the essential
infrastructure is now present, the reasons for the approval of the rezoning
request by the Council are still valid today. Accordingly, approval of this
extension request would not he inconsistent with the original reasons for
approving the rezoning ordinance.
Mr. Christopher Yuen
January 16, 2004
Page 3
In light of the above, the applicants respectfully request your favorable
consideration and processing of this time extension request. We also respectfully request
your acceptance of this letter request as being in fulfillment of the annual report
requirement outlined in Condition K. Please note that the last annual report was filed on
July 1999.
Please find enclosed twenty (20) copies of this letter request with enclosures, a list
of surrounding property owners, the real property tax clearance, and the filing fee of
$250.
I trust that everything is in order for your processing. If not or if there are
questions, please feel free to contact me. Thank you very much.
~ncerely,
S DNEY~ . FUKE
Planning Consultant
Enclosures
Copy - Mr. Mitchell Thompson w/ enclosures
To Whom It May Concern:
Please be informed that we are the recent owners of a property
identified by TMK: 5-5-002: 085. We wish to consummate the subdivision
application (SUB 1995-0005) of the former owner, Mr. Wilfred Kita. It is
our understanding that a time extension (Condition C) of the rezoning
ordinance, Ordinance No. 94-99 (REZ 770) is needed.
Accordingly, we hereby authorize Sidney Fuke, Planning Consultant
to file and act as our agent on the processing of the rezoning time extension
as well as the referenced subdivision.
MITCHELL THOMPSON(D~ate)
THO SO f (Date)
EXHIBIT' A
COUNTY OF HAWAII. STATE OF iIAWAII
BILL NO. s4 z
(Draft 3)
ORDINANCE NO. 94 99
AN ORDINANCE AMENDING SECTION 25-95B (UPOLU POINT-KAAUHUHU
HOMESTEADS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF
THF. HAWAII COUNTY CODE, CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAAUHUHU,
NORTH KOHALA, HAWAII COVERED BY TAX MAP KEY 5-5-02:85.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HA[VAII:
SECTION 1. Section 25-95H, Article 3, Chapter 25 (Zoning
Code),of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Kaauhuhu, North Kohala, Hawaii, shall be
Agricultural (A-3a):
Beginning at the Northeasterly corner of this parcel of
land, being also the Southeasterly corner of Lot 1 and
being a point on the Westerly side of Hawi Road, the
coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU O NALE" being
5,538.24 feet North and 4,354.66 feet East .and running by
azimuths measured clockwise from True South:
1. 2° 58' 200.00 feet along the Westerly
side of Hawi Road to a
point;
2. 82° 47' 327.20 feet along the Northerly
side of a 30-Ft. Road to a
point;
3. 95° 02' 502.23 feet along the Northerly
side of a 30-Ft. Road to a
point;
EXIdIBIT B
Thence, for-the next eleven (11) courses following along
the remainders of Lot 65 of the Kaauhuhu Homesteads, Second
Series and Grant 9310 to Manuel Medeiros:
4, 184° 11' 39.50 feet to a point;
5. 215° 48' 73.00 feet to a point;
6. 183° 33' 28.00 feet to a point;
7. 162° 35' 21.00 feet to a point;
B. 145° 20' 59.00 feet to a point;
9. 158° 20' 88.00 feet to a point;
10. 171° 10' 62.00 feet to a point;
11. 162° 15' 149.65 feet to a point;
12. 276° 44' 565.56 feet along Lot 1 to a
point;
13. 2° 58' 216.83 feet along Lot 1 to a
point;
14. 270° 10' 364.99 feet along Lot 1 to the
point of beginning and
containing an area of
7.000 Acres.
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
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. The applicant shall submit the required water
commitment payment to the Department of_Water Suppl_y_ _
- - -
in accordance with its "Water Commitment Guidelines
Policy" within one-hundred-eighty (180) days from the
effective date of this ordinance.
-2-
ri
C. Final Subdivision Approval shall be secured within
three (3) years from the effective date of this
ordinance. Subdivision plans shall delineate a
10-foot future road-widening easement along the
subject property's southern boundary and which shall
be dedicated to the County of Hawaii upon its request.
C. Access to the subject properties from Hawi Road shall
meet with the approval of the Department of Public
Works.
D. Drainage system easements and improvements, if
required, shall be established and constructed in a
manner meeting with the approval of the Department of
Public Works, prior to the issuance of Final
Subdivision Approval.
E. Wastewater shall be disposed of in a manner meeting
with the requirements of the Department of Health.
F. Restrictive covenants in the deeds of all the proposed
lots shall prohibit the construction of an ohana
dwelling or a second dwelling unit on each lot. A
copy of the proposed covenants to be recorded with the
Bureau of Conveyances shall be submitted to the
Planning Director for review and approval. Prior to
securing final subdivision approval, a copy of the
approved covenant as executed by the applicant and
recorded with the Bureau of Conveyances, likewise,
shall be submitted to the Planning Director.
G. It shall be demonstrated to the satisfaction of the
Planning Director that agricultural activity is being
conducted on the subdivided lots within three years
-3-
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, vegetable, 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. An agricultural activity
will be considered satisfactory:
(I) if such activity is implementing a conservation
program for the affected property(ies), as
approved by the applicable soil and water
conservation district directors and filed with
the Soil Conservation Service;
(2) if it provides a second source of income to the
person(s) who reside on the property; or
(3) if the property is dedicated for agriculture uses
in accordance with applicable Tax Department
procedures and that such agriculture dedication
shall be made a deed covenant and duly recorded
with the State Bureau of Conveyances and a copy
of the recorded deeds shall be filed with the
Planning Department within one year from the date
of Final Subdivision Approval.
Each approved lot must Comply with at least one of the
above requirements to satisfy the conditions of
approval of this ordinance;
- _
H. The applicant shall comply with all other applicable
laws, rules, regulations and requirements of the
affected agencies, including those of the Department
of Water Supply and Department of Public Works.
-4-
I. Should any unidentified sites or. remains, such as lava
tubes, 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 Planning Department.
when it finds that sufficient mitigative measures have
been taken.
J. Should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for imposition of
exactions or the assessment of impact fees, conditions
included herein shall be credited towards 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 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 and the
Planning Director acknowledges that further reports
are not required.
L. An extension of time for the performance of conditions
within the ordinance may be granted by the Planning
Director upon the following circumstances:
1. The non-performance is the result of Conditions
that could not have been foreseen or are beyond
the control of the applicant, successors or
assigns, and that are not the result of their
fault or negligence.
-5-
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).
5. If the applicant should request 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.
-a-
„
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEMBER, COUN, OF HAWAII
Hilo, Hawaii
Date of Introduction: August 24, 1944
-Date of 1st Reading: August 24, 1994
.Date of 2nd Reading: September 7, 1994
Effective Date: September 13, 1994
APPROVED AS TO FORM AND LEGALITY:
~F~Y CO ORATION COUNSEL
DATE : ~~j~Y
_7_
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AMENDMENT TO THE ZONING CODE ~
AMEhiDING SECTION 25-0,5 B (UPOLU pO1NT-KAAUHUHU
HoMESTCADS zoNE' MAP) At4TlCLE 3, CHAPTER ~5
(ZONING CObC--) OF THE HAWAII COUNTT CODE Sy
-C AtVGING-TNE DYSTIQ(CT' CLASSII=ICA`TIOh! FIQOM
AGI?ICULTUF2AL (A-20 a) TO AGl?iCULTUI~AL (A-tea)
A7' KAAUHUHU, f'~ORTH KO}-iALA, t-tAWAII.
P REpA F2 E"~ B % = ~°LANNINE I~EI°A F2T1vIENT
COUNT7~ Of= HAWAII
~.-l~-i Kpp= 5-S-O~ = 8~ NOV. Tr I~~;
XHIL7 (T 1111 ~iJ._~-race -•-a.
- OFFICE OF THE COUNTY CLERK
County of Hawaii _
Hilo ,Hawaii
' 94 SEP i 3 nil 10 13
(DRAFT 3•. ~y ~L[F;{
~~'~(!'ALL'~ Vb'F~' I I
Introduced Sy: Takashi Dom ingo
Date Introduced: August 24, 1994 AYES NOES ABS EX
First Reading: Au ust 24 1994 ARAKAHI X
Published: N A BONK-ABRAMSON X
CHILDS X
REMARKS. DE LIMA X
DOMINGG X
HALE X
BATH X
ROSEHILL X
SCHUTrE X
9 0 0
(DRAFT 3)
Second Reading: September 7 , 1994 ROLL CALL VOTE
To Mayor: September 7, 1994
Returned: Se~t.ember 13, 1994 AYES NOES ABS EX
Effective: 5 ptember 13, 1994, ARAKAKI
Published: September 19 1994 soNK-ABRAMSON
cHILDS X
DE LIMA X
RL^,Lf,4RIGS:
DOMINGO
HALE X
BATH X
ROSEHILL X
SCHV7TE X
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
Idicated above.
APPROVED as 10
FORM and LEGALITY
COUNCIL CHAIRMAN
A jCORPORA~fION C UNSE
COUNTI' Of HAWAII ~ ,
Dcre f'~/1~~~ C N7y LE
~r ved/Dreaed this ~3 day
~1 Lcti.. ~ , 19~
YOA, CO>~~N'I~Y c~F HAWAII Bill No.: 54 8 (Dr. 3 )
Reference: C-3184/1991/PC-128
r,..~ ter,.. -
aJNtY O, yq~
4; u~ V,
. ~ y6iy. Virginia Goldste
Stephen K. Yamashiro Director
+j J'•:
Mayer
Norman Olesen
tri ei•M~'"~ Deputy Director
~~ixxrtg ~~:itrttit
PLANNING DEPARTH^IENT
25 Aupuni Street, Room 109 Hilo, Hawaii 96720.4252
(806) 961.8288 Fax (808) 961-9515
May 17, 1995
Ms. Chrystal Thomas Yamasaki, R.L.S.
Wes Thomas and Associates, Inc.
75-5749 Kalawa Street
Kailua-Kona, HI 96740-1818
Dear Ms. Yamasaki:
Subdivider: KITA, Wilfred
Proposed Subdivision of Lot 2,
Being portions of Lot 65 of the
Kaauhuhu Homesteads, 2nd Series and Grant 9310
Into Lots 2-A and 2-B
Kaauhuhu, North Kohala, Hawaii
TMK: 5-5-002:085 (SUB 95-005)
Please be informed that tentative approval of the preliminary plat
is hereby granted with modifications and conditions.
The subdivider is now authorized to prepare detailed drawings of the
plan in accordance with Chapter 23, Subdivision Control Code, County
of Hawaii, as modified. Before final approval can be granted, the
following conditions must be met:
1. Provide a water system meeting with the approval of the
Department of Water Supply.
2. Submit water system construction plans for approval by
affected agencies.
3. Pay installation and facilities charges as required by the
Department of Water Supply.
4. Identify all watercourses and drainageways and encumber
with drainage easements.
5. Additional storm runoff due to development shall be
disposed within the subdivision and shall not be discharged
onto adjacent properties or roadways.
EXHIBIT' C "
~ .
Ms. Chrystal Thomas Yamasaki, R.L.S.
May 17, 1995
Page 2
6. The 30-ft. wide right-of-way leading to Lot 2-B is
maintained by the County.
a. Provide future road widening setback fronting this
road equal to at least one-half the difference between
the existing right-of-way and 50 feet.
b. Provide 25-ft. future road widening curve radius to
join the road widening setback line with the Hawi Road
right-of-way.
7. Place property markers in accordance with the final plat
map. Surveyor shall submit certification upon completion.
8. Submit nine (9) copies of the final plat map within one
year from the date of tentative approval. If not,
tentative approval to the preliminary map shall be deemed
null and void. Only upon written request from the
subdivider and for a goad cause can a time extension be
granted, provided it is submitted forty-five (95) days
before the expiration of said period of one year.
9. Subdivider shall complete all requirements specified as
conditions for approval of the preliminary plat (tentative
approval) within three years of said approval. An
extension of not more than two years may be granted by the
director upon timely written request of the subdivider.
You should be aware that if at any time during the fulfillment of
the foregoing conditions that environmental problems emerge--
problems which were earlier overlooked or not anticipated/
accounted for in data/reports available to date--this should be
sufficient cause to immediately cease and desist from further
activities on the proposed subdivision, pending resolution of the
problem(s). The Planning Director shall confer with members of the
Subdivision Technical Review Committee or other concerned agencies
to resolve the problem and notify you accordingly.
No final approval for recordation shall be granted until all the
above conditions have been met.
Land shall not be offered for sale, lease or rent until final
approval for recordation of the subdivision.
Ms. Chrystal Thomas Yamasaki, R.L.S.
May 17, 1995
Page 3
Should you have any questions, please feel free to contact
Ed Cheplic of this department.
Sincerely,
IRG A GOLDSTEIN
Planning Director
EC:lm
6508D(24-26)
Attach.
xc: 4 engineers
PLNG-KONA
DPW-ENG-KONA
Wilfred Kita
REZ 770
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PLANNING DEPARTMENT
23 A uponi Stxcet, Boom 109 • mlo, Ha9vafi 96720-4252
February 16, 2000 csost 961-e2sa • Pax csoe> 96I-sra2
MEMORANDUM
TO: Manager, DWS
Chief Engineer, DPW
District Environmental Health Program Chief, DOH
District Engineer, /jDO-T /
FROM: Planning Direct~~1~/ J~
SUBJECT: FIFTH TIME EXTENSION REQUEST
SUBDIVIDER: KITA, Wilfred
Proposed Subdivision of Lot 2,
Being portions of Lot 65 of the
Kaauhuhu Homesteads, 2"" Series, and Grant 9310
Into Lots 2-A and 2-B
Kaauhuhu, North Kohala, Hawaii
TMK: 5-5-002:085 (SUB 95-005)
As you are aware, Ordinance No. 92-138, adopted by the County Council on
December 4, 1992, amended Chapter 23 of the Hawaii County Subdivision Control Code, in part,
as follows:
"The subdivider shall complete all requirements specified as conditions for approval of the
preliminary plat (tentative approval) within three years of said approval."
The ordinance also makes provisions I'or those pending subdivision applications which were
granted tentative approval prior To the adoption of said ordinance, as follows:
"This subsection shall be applied to all subdivision applications which have received
tentative subdivision approval and which have not completed subdivision improvements,
provided the Three year period, and extension, if applicable, shall be taken from the
effective date of this ordinance."
A time extension of not more than two (2) years may be granted by the director upon timely
written request by the subdivider.
EE
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Memorandum to Engineers
Page 2
February 16, 2000
Should the conditions of tentative approval not be completed within the time limit, "the approval
of the preliminary plat shall expire and shall be of no further force or effect, or shall be subject to
the technical review of the applicable agencies for compliance with current code and rule
requirements."
In this case, the five (5) year time period will end May 17, 2000. As such, please provide written
comments related to current code and rule requirements. If there are no further comments,
deletions, etc., they must also be in writing.
Should you have any questions, please feel free to contact Ed Cheplic of this department.
ETCanm
P:\W P6UVSUCiD1 VVSUI3\Subc2000-1195005Aita8NG.duc
xc: Wes Thomas Associates
Wilfred Kita
PLNG-KONA
Mtr or •^ro
Harry Kim Darryl J. Oliveira
,Mayor Fire Chief
ac~a~';` Desmond K. Wery
Deputy Fire Chief
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' FIRE DEPARTMENT
L ~ 25 Aupuni Stree[ • Suite 103 • Hilq Hawaii 96720 I,
(808)961-8297 • Fax (808) 961-8296 ~
February 10, 2004
TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR
FROM DESMOND K. WERY, DEPUTY FIRE CHIEF
SUBJECT : CHANGE OF ZONE ORDINANCE NO. 94-99 (REZ 770)
APPLICANT: MITCHELL THOMPSON (FORMERLY WILFRED KI )
REQUEST: 3-YEAR TIME EXTENSION TO CONDITION C
TAX MAP KEY: 5-5-02:85
Fire apparatus access roads shall be in accordance with UFC Section 10.207:
"Fire Apparatus Access Roads
"Sec. 10.207. (a) General. Fire apparatus access roads shall be provided nd maintained in
accordance with the provisions of this section.
"(b) Where Required. Fire apparatus access roads shall be required for ev ry building
hereafter constructed when any portion of an exterior wall of the first story is I sated more than
150 feet from fire department vehicle access as measured by an unobstructe route around
the exterior of the building.
"EXCEPTIONS: 1. When buildings are completely protected with an approved
automatic fire sprinkler system, the provisions of this section may be odified.
"2. When access roadways cannot be installed due to topography, w terways,
nonnegotiable grades or other similar conditions, the chief may requir additional fire
protection as specified in Section 10.301 (b).
"3. When there are not more than two Group R, Division 3 or Group Occupancies,
the requirements of this section may be modified, provided, in the opi ion of the chief,
fire-fighting or rescue operations would not be impaired.
~pU CpL -
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E X H I ' e ~~RE OS=~
Christopher J. Yuen, Planning Director
Page 2
February 10, 2004
"More than one fire apparatus road may be required when it is determined by the chief that
access by a single road may be impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
"For high-piled combustible storage, see Section 81.109.
"(c) Width. The unobstructed width of a fire apparatus access road shall meet the
requirements of the appropriate county jurisdiction.
"(d) Vertical Clearance. Fire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches.
"EXCEPTION: Upon approval vertical clearance may be reduced, provided such
reduction does not impair access by fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
"(e) Permissible Modifications. Vertical clearances or widths required by this section may
be increased when, in the opinion of the chief, vertical clearances or widths are not adequate
to provide fire apparatus access.
"(f) Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide all-
weatherdriving capabilities" (20 tons)
"(g) Turning Radius. The turning radius of a fire apparatus access road shall be as
approved by the chief." (45 feet)
"(h) Turnarounds. All dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with approved provisions for the turning around of fire apparatus.
"(i) Bridges. When a bridge is required to be used as access under this section, it shall be
constructed and maintained in accordance with the applicable sections of the Building Code
and using designed live loading sufficient to carry the imposed loads of fire apparatus.
"(j) Grade. The gradient for a fire apparatus access road shall not exceed the maximum
approved by the chief." (15%)
"(k) Obstruction. The required width of any fire apparatus access road shall not be
obstructed in any manner, including parking of vehicles. Minimum required widths and
clearances established under this section shall be maintained at all times.
"(I) Signs. When required by the fire chief, approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and prohibit the
obstruction thereof or both."
Christopher J. Yuen, Planning Director
Page 3
February 10, 2004
Water supply shall be in accordance with UFC Section 10.301:
"(c) Water Supply. An approved water supply capable of supplying required fire flow for fire
protection shall be provided to all premises upon which buildings or portions of buildings are
hereafter constructed, in accordance with the respective county water requirements. There
shall be provided, when required by the chief, on-site fire hydrants and mains capable of
supplying the required fire flow.
"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."
I~ESMOND K. WERY
Deputy Fire Chief
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y~°07 NIWp\\.°~p 345 KEdL IJANAO'A STREET, SUITE 20 ~ HILO, HAW AI't 96720
TELEPHONE (808) 951-6050 i~a1_;~A~(t(806)`~67,~66F~
February 20, 2004
i,.
TO: Mr. Christopher J. Yuen, Planning Director
Planning Department
FROM: Milton D. Pavao, Manager
SUBJECT: CHANGE OF ZONE ORDINANCE NO. 94-99 (REZ 770)
APPLICANT -MITCHELL THOMPSON (FORMERLY WILFRED KITA)
REQUEST: 3-YEAR TIME EXTENSION TO CONDITION C
TAX MAP KEY 5-5-002:085
Please refer to our letter dated January 15, 2004, to Mr. Sidney Fuke for Subdivision Application
No. 95-005 for our comments. A copy is enclosed for your reference.
Should there be any questions, please contact Ms. Shari Komata of our Water Resources and Planning
Branch at 961-8070, extension 1.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
SHKaco
Enc.
copy - (w/o enc.) Mr. Sidney Fuke
EX~B~~`
~~~~z~~l^ bv'yt~t~a ~~rl~~ s. , .
The lJe~anmor!of ~Plaie~5.,>py san q~z Oo~o: =i, hrovida; zed er^~oy c' -o i a ~mpa ^'c'c sc `-IV ~.vrlte-1,5~A ~:rec~r 0"c<<.`C~-
RIgMS, Faom 326-W, Whitten 8udding, 14th and Independence Avenue, 5147, Wash~ngten CC 20250~~J4i0 Or call (202) ~?0-5964 (volts and TAD)
,a,=
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TE_c?ACNE 1308; aGi-3050 ~ ~„X (8081 ?61-361
January 1 S, 200~k
iv1r. Sidney Fuke
100 Pauahi Street; Suita 212
Hilo, HI 96720 '
S~1BD~yTSI~P7 APP~.i~' 4~'If~N ND. 95-005
AX 14fAP I£'?'Y 5-5-002:085
This in response to the January 2004, letter to you from the Planning Department.
Please be infozmed that the one additional water commitment for the proposed subdivision expired on
Nlay 31, 1998; and the $150.00 water commitment. was forfeited. Therefore, a water commitment is no
longer in effect for the proposed subdivision.
Further, water availability; which is subject. to change without notice, is limited io one 5/8-inch meter
and 600 gallons per day per existing lot ofrecord. ~%ater is not available for subdividing or change of
zone request.
Shouid there be any questions; please call Ddr. WilJaim Atkins of our Water Resouroes and Plam,ing
Branch at 961-80?0.
Sincerely yours,
7 Q~ ,
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v
h/tilton ll. Pavan. P.E.
Manaeer
~k'~aco
cony -Planning Department
u
SidneyFuke, Planning Consultant
700 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
Telephone: (808) 969-1522 • Fax: (808) 969-7996 • Subdivision • Land Use Permits
• Environmental Reports
February 25, 2004 l I r~ r r7 ~ ~ r,
Mr. Christopher Yuen, Director
Planning Department
COUNTY OF HAWAII `
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yuen:
Subject: Rezoning Time Extension Request (REZ 770), Ord. 94-99
Mitchell Thomason, North Kohala, Hawai i, TMK: 5-5-02: 85
Thank you for providing me with agency comments to date regazding the subject
matter. We note that the Police Department had no objections to the request. Relative to
the Fire Department's comments, please be informed that the requirements of the Fire
Department relative to fire access, water, and related fire protective measures will be
done during the subdivision and subsequent building permit review process. It should be
noted that the Fire Department is one of the agencies that must review and approve a
building permit.
Should there be fixrther questions/comments on this matter, please feel free to
contact me. Thank you very much.
Sincere
r,
S~ Y M. FUKE
Planning Consultant
Copy -Fire Department
Mr. Mitchell Thompson w/ enclosures
EXHIBIT'
R1'Iwmpson-REZ770.jwd 02-27-04
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
MTTCHELL THOMPSON
CHANGE OF ZONE ORDINANCE N0.94 99 (REZ 770)
AMENDMENT TO CONDTI'ION NO C
Upon review of the request, the Planning Director recommends that a favorable
recommendation of the request to amend Condition C of Change of Zone Ordinance No. 94 99
(1tEZ 770) be forwarded to the County Council. This recommendation does not, however,
sanction the specific plans submitted with the application as they may be subject to change given
the specific code and regulatory requirements of the affected agencies. Since this
recommendation is made without the benefit of public testimony, the Director reserves the right
to modify and/or alter this position based upon additional information presented at the public
hearing. This favorable recommendation is based on the following findings:
The applicant is requesting a 3-yeaz time extension to Condition C (time to secwe
final subdivision approval) of Change of Zone Ordinance No. 94 99 (KEZ 770), which
rezoned 7 acres from an Agricultural 20-acre (A-20a) to an Agricultural 3-acre (A-3a)
district.
Effective September 13, 1994, Ordinance No. 94 99 changed the district
classification of the subject property Agricultura120-acre (A-20a) to Agricultural 3-acre
(A-3a). The original applicant, Wilfred Kita, requested the change of zone to be able to
subdivide the 7-acre parcel into 2 pazcels, a 4-acre and a 3-acre pazcel. At that time, Mr.
Kita's intention was to keep one parcel and sell the other parcel. Under Condition C,
Final Subdivision Approval for the property should have been secured within three (3)
years from the effective date of the change of zone, or September 13, 1997. Although the
original applicant secured Tentative Subdivision Approval on May 17, 1995, Final
Subdivision Approval was not secwed. Mr. Kita also received an administrative time
extension for an additional three (3) yeazs to wmply with Condition C until September
17, 2000.
-1-
c- ss~ ~~s-~ ~ r'c
The inability of the applicant to comply with the requirements of Condition
C of Change of Zone Ordinance No. 94 99 is the result of conditions that could not
have been foreseen or are beyond the control of the applicant. According to the
applicant's representative, the new applicant, Mitchell Thompson, has recently secured
title to the property with the intent of consummating the proposed subdivision. The
applicant unfortunately was not aware that the required time had lapsed. The Planning
Director is recommending approval to allow the new owner/applicant the opportunity to
subdivide the property as originally intended.
Granting of the time extension would not be contrary to the General Plan or
Zoning Code. Since the rezoning was approved for the project site in 1994, there have
been no changes to the General Plan affecting the subject property or immediately
surrounding area. Furthermore, neither the Subdivision Code nor the Zoning Code has
been changed which would affect the conditions of tentative subdivision approval issued
on May 17, 1995.
Granting of the time extension would not be contrary to the original reasons
for the granting of the permit. The Planning Director and the Planning Commission
initially recommended denial of the request to the County Council based on the lack of
County water. At the time the County Council reviewed the request, the Department of
Water Supply informed the Council that water was available. With the availability of
water, the Council granted final approval for the rezoning request.
The Department of Water Supply stated in their comment letter that the one
additional water commitment for the proposed subdivision expired on May 31, 1998 and
the $150 water commitment was forfeited. DPW further stated that water is not available
for subdividing or for a change of zone request. T'he Planning Director is recommending
the approval for a time extension of three (3) years to allow the applicant the opportunity
to subdivide the property if water becomes available within the three-year period. A
condition will be added to reflect that a water variance will not be granted for the
proposed subdivision.
The approval of this extension request would not be inconsistent with the original
reasons for approving the rezoning ordinance.
-2-
Based on the above findings, it is recommended that a favorable recommendation be
forwarded to the County Council with the following changes to Ordinance No. 94 99. (Material
to be deleted is bracketed and material to be added is underscored):
B. The applicant shall submit the required water commitment payment to the Department of
Water Supply in accordance with its "Water Commitment Cnxidelines Policy" within the
one-hundred-eighty (180) days from the effective date of this ordinance. No water
variance will be wanted for the proposed subdivision.
C. Final Subdivision Approval shall be secured within three (3) years from the effective date
of this [erAi~nanse] amendment. Subdivision plans shall delineate a 10-foot future road-
widening easement along the subject property's southern boundary and which shall be
dedicated to the County of Hawaii upon its request.
L.
u i c c ..i. e,.r..e..,.
3-) If the applicant should request an additional extension of time, the Planning
-3-
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} may initiate rezoning of the area to its original or
more appropriate designation.
The accompanying draft bill to amend Condition C of Ordinance No. 94 99 is provided for your
favorable consideration.
-4-