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HomeMy WebLinkAboutCOM 0306.000 2006-2008 Mtvw~ Harry Kim ~W'' Dixie Kaetsu Mn r Mnnnging Direcor Yo Barbara Koslow ~~~oi.N'~ Deputy Mnnnging Director County of Hawaii 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-0252 (808) 961 $2l 1 • Fax (808) 9616553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3295226 Fax (808) 3265663 Apri13, 2007 -.v --.v n =2J - _n Honorable Pete Hoffmann, Chairman and Members of the County Council '-r' County of Hawaii _y, 333 Kilauea Avenue Hilo, HI 96720 _ Dear Chairman Hoffmann and Members: ./change of Zone (REZ 655) Applicant: Elwin F. Hussey Request: Amend Ordinance No. 02-21 -Time Extension to Condition C (Subdivision Approval) Tax Map Key: 5-9-7:7 Initiator: County Council Review and Comment on a Draft Ordinance (Bi11318) Amending Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Change of Zone Initiator: County Council Review and Comment on a Draft Ordinance (Bill 319) Amending Chapter 23 (Subdivision Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Large Scale Developments Initiator: County Council Review and Comment on a Draft Ordinance (Bi11328) Amending The Hawaii County Code 1983 (2005 Edition, as amended) by Adding a New Chapter Relating to Concurrency Initiator: County Council Review and Comment on a Draft Ordinance (Bi11329) Amending The Hawaii County Code 1983 (2005 Edition), as amended) by Addin>; a New Chapter Relatin>; to Adequate Public Facilities a ~ p 1 ~ Comm. No. ~ O Ref. To: L Ref. Uote uPR 5 9(ifll Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii Page 2 Apri13, 2007 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. Sincerely, C~~.~,~? Hany Kim Mayor Enclosures cc: Planning Department ~tr or c:- •t• I •,ryar~~ County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Faz (808) 961-8742 April 3, 2007 r., , Pete Hoffmann, Chairman ~ ~ . ~ and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone (REZ 655) Applicant: Elwin F. Hussey Request: Amend Ordinance No. 02-21 -Time Extension to Condition C (Subdivision Approval) Tax Map Key: 5-9-7:7 The Planning Commission, after a duly held public hearing on March 16, 2007, voted to recommend for your approval the proposed legislative bill for an amendment to Condition C (time extension to secure final subdivision approval) of Change of Zone Ordinance No. 02-21, which rezoned 28.832 acres of land from an Agricultura120-acre (A-20a) to an Agricultural 3-acre (A-3a) district. The property is located along the southeast side of Ala Kahua Drive, approximately'/a mile mauka of the Ala Kahua Drive - Akoni Pule Highway intersection, Kohala Estates Subdivision, Kahua, 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 five (5) yeaz extension of time to comply with Condition C of Ordinance No. 02-21, which requires the applicant to secure Final Subdivision Approval within five years from the effective date of the ordinance. The applicant plans to subdivide the subject property into 8 -approximately 3-acre sized lots. Condition C of Change of Zone Ordinance 02-21 (REZ 655) states: "Subdivision plans shall be submitted to the Planning Director within one year from the effective date of the change of zone. Final subdivision approval shall be Hawal `i County is an Equal Opportunity Provider and Employer Pete Hoffinann, Chairman and Members of the County Council Page 2 secured within five (5) years from the effective date of this ordinance. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas." The original request to change the district zoning designation from A-20a to A-3a for the subject property was approved by the County Council effective February 13, 1990 (Change of Zoning Ordinance No. 90-008). According to Ordinance No. 90-008, Final Subdivision Approval should have been secured by February 10, 1997. A time extension to secure the Final Subdivision Approval was granted by the County Council effective August 27, 1998 (Ordinance 98-87 amending Ordinance 90-008). Additionally, another time extension to secure the Final Subdivision Approval was granted by the County Council effective February 12, 2002 (Ordinance 02 21 amending Ordinance 98 87). According to Ordinance No. 02 21, Final Subdivision Approval should have been secured by February 12, 2007. The applicant received Tentative Subdivision Approval on February 10, 1995 and submitted Final Plat maps on February 27, 1997. The applicant has conducted extensive onsite prepazation work for the subdivision, including roadway grading, trenching for the proposed waterline and underground utilities and drainage system improvements, which include culverts for the planned drainageways, sedimentation ponds and gulch crossings. Additionally, the applicant is in the process of submitting updated construction plans for the project. 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. The applicant has indicated several reasons for non- performance including the installation of the applicant's waterline has several deficiencies requiring correction before the subdivision will be possible and exceptionally heavy rainfall on October 10, 2006 caused unusually high river levels, which closed Akoni Pule Highway. Additionally, Keanahalululu Gulch overflowed and caused considerable erosion damage to the project site. These were conditions that the applicant could not have foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan nor the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this azea since this request was originally approved that would affect this project. Additionally, the request is not contrary to the original reasons for granting the change of zone. Pete Hoffmann, Chairman and Members of the County Council Page 3 Based on the above findings, a favorable recommendation to amend Change of Zone Ordinance 02-21 is being forwarded to the County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 02 21 is provided for your favorable consideration. (Material to be deleted is bracketed and stricken and material to be added is underscored.) We are enclosing copies of the staff Background and Planning Director's Recommendation for your information. Sincerely, William Graham, Chairman Planning Commission Lhussey02PC Enclosures cc: Ms. Susan Wells Fischer Department of Public Works Department of Water Supply Planning Department -Kona Department of Land & Natural Resources-HPD/Kona DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel BHussey-REZ655.jwd-02-20.07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE N0.02 21 (REZ 655) AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) ELWIN F. HUSSEY has submitted a request for an amendment to Condition C (time extension to secure final subdivision approval) of Change of Zone Ordinance No. 02-21, which rezoned 28.832 acres of land from an Agricultural 20-acre (A-20a) to an Agricultural 3-acre (A- 3a) district. The property is located along the southeast side of Ala Kahua Drive, approximately '/a mile mauka of the Ala Kahua Drive - Akoni Pule Highway intersection, Kohala Estates Subdivision, Kahua, North Kohala, Hawaii, TMK: 5-9-7:7. APPLICANT'S REQUEST 1. Request: The applicant is in the process of developing an 8-lot subdivision. The applicant has submitted a request fora 5-yeaz time extension to comply with Condition C of Change of Zone Ordinance No. 02-21 (REZ 655), which states: "Subdivision plans shall be submitted to the Planning Director within one year from the effective date of the change of zone. Final subdivision approval shall be secured within five (5) yeazs from the effective date of this ordinance. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback azeas." Final Subdivision Approval should have been secured by February 12, 2007 2. Reasons for Request: The applicant has submitted the following reasons for the time extension request: • The installation of the applicant's waterline has several deficiencies requiring correction before subdivision will be possible. • Exceptionally heavy rainfall on October 10, 2006 caused unusually high river levels, which closed Akoni Pule Highway. Keanahalululu Gulch overflowed and caused considerable erosion damage to the project site. 3. Landowner: The landowner of the property is Keanahalululu, LLC. -1- ATTACH: Corm. 306 Bill 82 4. Supportive Information: The applicant, represented by Susan Wells Fischer, has submitted the attached in support of the amendment request. (Planning Department Exhibit i -Amendment Request Received dated December 22, 2006) BACKGROUND INFORMATION 5. February 13,1990: Effective date of Change of Zone Ordinance No. 90-008 approved by the County Council, which reclassified lands from A-20a to A-3a. 6. May 13,1991: The Planning Director granted aone-year administrative extension of time to Condition B (submit preliminary subdivision plans) until February 13, 1992. 7. October 15, 1991: The Planning Director acknowledged archaeological reconnaissance survey report in compliance with Condition D of Ordinance No. 90-008. 8. November 1, 1991: The Planning Director acknowledged receipt of subdivision application with preliminary maps and filing fee. 9. February 10, 1995: Tentative Subdivision Approval was secured from the Planning Director. (Planning Department Exhibit 2 -Tentative Subdivision Approval Letter Dated February 10,1995) 10. February 27, 1997: The Planning Director acknowledged receipt of the Final Plat maps. 11. August 27,1998: Effective date of the Change of Zone Ordinance No. 98-87 approved by the County Council, which amended Ordinance No. 90-008 by granting a time extension of three (3) years to secure Final Subdivision Approval. 12. February 12, 2002: Effective date of the Change of Zone Ordinance No. 02-21 approved by the County Council, which amended Ordinance No. 98-87 by granting a time extension of five (5) years to secure Final Subdivision Approval. DESCRIPTION OF STATE AND COUNTY PLANS 13. General Plan LUPAG Map: Extensive Agriculture. 14. State Land Use Designation: Agricultural. 15. County Zoning: Agricultural 20-acre (A-20a). 16. Coastal Zone Management, HRS Chapter 205A: There are no identified recreational resources, historic resources, scenic and open space preserves, coastal systems, coastal hazard, marine resources or other natural and environmental resources that will be adversely impacted. -2- 17. Special Management Area (SMA): The property is not located within the Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 18. Subject Property: The property is part of Unit I of the Kohala Estates Subdivision, which was approved by the County in July of 1971 (SUB No. 2999). This first increment consisted of 461ots. The property is 28.832 acres in size and is rectangular in shape. The Keanahalululu Gulch runs through the property in a mauka-makai direction. 19. Land Study Bureau's Detailed Land Classification System: "E" or Very Poor. 20. Soil Survey: Kawaihae series (KOC) which consists of somewhat excessively drained, extremely stony soils that formed in volcanic ash. The surface layer is extremely stony, very fine sandy loam about 2 inches thick. Below the surface layer is stony silt loam. Hazd pahoehoe lava bedrock is at a depth of about 33 inches. Permeability is moderate, runoff is medium, and the erosion hazard is moderate. 21. ALISH Map: Unclassified. 22. Flora and Fauna: The property is spazsely vegetated with keawe trees, ilima, uhaloa, and grasses. 23. Archaeological Resources: An azchaeological reconnaissance survey report was approved by the Planning Department and the State Historic Preservation Division of DLNR in compliance with Condition E of Ordinance No. 02 21. By letter dated September 9, 1991, DLNR-SHPD accepted the applicant's archaeological report and confirmed that DLNR-SHPD believes that the subdivision and subsequent use of the parcel will have "no effect" on historic sites. 24. Cultural Resources: There is no evidence of traditional and customary Native Hawaiian Rights being practiced on the property. 25. Public Access: There is no public access to the mountains or the shoreline that run through the property. 26. FIRM: Zone X, an area outside the 500-year flood plain. 27. Surrounding Zoning/Land Uses: The zoning designation for the adjacent properties to the northeast and northwest is A-3a. The parcel to the west is zoned A-20a. Lands to the -3- south aze zoned A-40a. Surrounding lands are in scattered residential uses, agricultural activities, or vacant. PUBLIC FACILITIES 28. Access: Access to the property will be from Ala Kahua Drive, which has an 80-foot wide right-of--way and 24-foot wide pavement. Entrance to the property is situated approximately 150 feet southwest from the intersection of Ala Kahua Drive and Iliahi Place. 29. Water: Water is available from the Kohala Ranch Water Company's private water system. The applicant entered into an agreement with KRWC in which the latter will commit to not more than 4,800 gallons of water per day. 30. Wastewater: The applicant will comply with wastewater requirements of the State Depaztment of Health. 31. Utilities: All other essential utilities and services are available to the project site. Electric utilities are being provided underground. AGENCIES' COMMENTS 32. Department of Water Supply: (Planning Department Exhibit 3 -February 12, 2007 Memo) 33. Department of Environmental Management: (Planning Department Exhibit 4 - January 10, 2007 Memo) 34. Police Department: (Planning Department Exhibit 5 -January 22, 2007 Memo) 35. Fire Department: (Planning Department Exhibit 6 -January 29, 2007 Memo) 36. Department of Land and Natural Resources-Land Division: (Planning Department Exhibit 7 -January 16, 2007 Letter) 37. Department of Health: (Planning Department Exhibit 8 -January 17, 2007 Memo) 38. Department of Transportation: (Planning Department Exhibit 9 -February 6, 2007 Letter) AGENCIES - NO RESPONSE 39. Department of Public Works and Department of Land and Natural Resources-State Historic Preservation Division APPLICANT'S SUBMITTAL -4- 40. The applicant has submitted a letter with information regazding the status of project improvements on site relating to the Tentative Subdivision Approval, which includes letters from Triad Engineering and a previous Department of Water Supply letter. (Planning Department Exhibit 10 -Letter dated February 17, 2007 with Exhibits) PUBLIC COMMENTS 41. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -5- . tE~~~ ,~;r~ ~ it / ~r~` ' ~,~ri Susan WeIlsFischer for Keanahalululu ' ` ~ %'ti~ PO Box 44417 Kawaihae, Hawaii 96743 808 882-7611 December 22, 2006 Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Request for Time Extension Change of Zone Ordinance No. 02 21, Ordinance No. 98 87, Ordinance No. 90 008 (Rez 655) Applicant: Elwin F. Hussey, "Keanahalululu" Tax M@p Kev: 5-9-07:007 We are requesting a Time Extension to complete the Subdivision Improvements required by our Change of Zone. Progress during the past year includes: Drainage improvements - completan of the headwalls on the multi-plate arch gulchtrossing, spanning the project's largest gulch - further headwall work on the smaller gulch crossings - finish up sloping in culvert areas - retention ponds / sedimentation system functioning well, preventing erosion, and providing nature) landscaping zones where native plants thrive through the driest times Mass-grading cleanup of piles left-over after utility trenching throughout the project. Man and nature took us backwards on two fronts: 1) Unfortunately, the installation of our waterline has several deficiencies requiring correction before subdivision approval will be possible. 2) Exceptionally heavy rainfall, on the evening of October 10, 2006, caused unusually high river levels, which dosed the Akoni Pule Highway. Our largest gulch Keanahalululu overFlowed mauka of us and spread out, causing considereble erosion damage to our project site. Triad engineers have met on site, and are preparing changes to prepare for future floods. Engineers on the Big Island were already in high demand rip or to the October 10th and 16th floods, October 15 earthquakes and wbsequent quakes and aftershocks. As well as re-designing to handle future such events, our engineers are working to update our construction drawings with the Department of Water Supply. Planning ept. ~ Exhibit,_.~,~ page two December 22, 2006 Compliance with each condition of the ordinance is as follows: Section 2 Owners are complying with (A) the' conditions of approval, and (B) permissible uses of State Land Use Agricultural District (C) Subdivision: Feb. 10, 1995 Tentative Subdivision Approval Feb. 10, 1997 Final plat map submitted ]an. 27, 1998 Subdivision time extension until Feb. 10, 1999 Dec. 30, 1998 Extension of time until Feb. 30, 2000 for the completion of subdivision improvements. ]an. 30, 2000 Time Extension Request Change of Zone Annual Progress Report Change of Zone Time Extension Request Feb. 10, 2001 Time Extension Requested Change of Zone: Aug. 27, 1998 Effective date of Ordinance No. 98 87, amending Change of Zone No. 90 008 Extension of Time to secure Final Subdivision Approval until August 27, 2001 Feb. 12, 2002 Effective date of Ordinance No. 02 21, amending Ordnance No. 98 97, which amended Ordinance No. 90 008 Extension of Time to secure Final Subdivision Approval: five years, or by Feb. 12, 2007 (D) (2) The property is dedicated for agricultural uses with the Department of Finance, Real Property Tax Division, and is presently being grazed. (E) An archaeological reconnaissance survey report was submitted, accepted by the Department of Land and Natural Resources, Historic Sites Section, and approved by the Planning Department. (F) If archaeological sites or features are uncovered, work will cease and the Planning Director will be notified. (G) A drainage system is being installed to County standards. (H) There will Lxx one access tb the subdivision from Ala Kahua Drive. (I) All other requirements will be complied with. (J) Unified Impact Fees will apply to project, if adopted by council. (K) Annual progress reports are submitted to the Planning Director. (L) We have applied for, and received, the necessary time extensions, including Feb. 12, 2002 Ordinance No. 02 21 Extension of time to secure Final Subdivision Approval: five years, or Feb. 12, 2007. Please do not hesitate to call us at 882-7611, with any questions. Sincerely, ~ Susan Wells Fischer for Keanahalululu JAN-02-2087 09:41 AM "^CA 808 R82 7611 P. 01 Susan Wells Fischer for Keanahalululu `-t~,i..~;'; i~ ~'d~~ P06ox44417 . it Kawaihae, Mawafi 96743 808 882-7611 January 2, 2007 Christopher J. Yuen, Ptarminp DireRor County of Hawall 101 Paudhl Street, Suke 3 Hilo, Hawall 96720 Dear Mr. Yuen: Sub]ect; Keen~haluluiu' members' signature letter conceming: RegUeSt fa Time Extensbn change of zone Ordinance No. 02 z1, Ordinance No. 98.87, ORtlnance No. 90 006 (Rez 655) Applicant: Elwin F. Hussey, "Keanahdlululu" Tax Man Kev: 5-9~D7:007 The members of Keanahalululu Partnership arxi LLC are n;questing a Time Extension to comple6e the SubdMsbn improvements roqulred by our Change of Zone. The request was submitted on December 22, 2D06. Folbwing are the signatures of the memtlers. Since most of the members r'eSkte In Maine, we are Initialty faxing the signatures tb expedite the request. Original signatures will fdbw by US Mall. Thank you for your assistance. Sincerely, / Susan Fischer 8~ 02~~~32 S F1N-02-200T 09:42 AM KQCA 808 882 7611 P. 02 Dec 90 08 10t48~ 2U~ 1760 p1 _ ~ r.ns C,gNLy E~ NnwY Q ~ h~ 1i aYln'~Y~Yir . ~A ...uY~M thw ~nb ~ ~1r, a 7~~ f~ „~1 / ~ v a.~. o~ow e. Hta~ar apeme rr wart/ LtJieP~~.cx~(w /2 Bo aAV b sown w~ raux+ ~ r COUNTYz50F HAWAI`I~ ;;STATE OF HAWAII n.flA ~ ~~..5x _ .r 1~1 .F BILL NO. 149 C'- ' . , ORDINANCE NO. ®2 21 AN ORDINANCE AMENDING ORDINANCE N0.98-87, WHICH AMENDED ORDINANCE NO. 90-008, AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA lam, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 98-87 is amended as follows: "SECTION 1. Section [25-95A] 25-8-7, Article [3] 8, 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 Kahua 1st, North Kohala, Hawaii, shall be Agricultural (A-3a): Beginning at the Westernmost corner of this parcel of land, being also the Northernmost comer of Lot 13 of Land Court Consolidation 117 and running by azimuths measured clockwise from True South: Thence, following along the Southeasterly side of the existing roadway on a curve to the right with a radius of 660.00 feet, the chord azimuth and distance being: 1. 245° 49' 28" 476.87 feet to a point; 2. 267° 00' 37.78 feet along the Southeasterly side of an existing roadway to a point; 3. 324° 47' 2,384.25 feet along Lot 15 of Land Court Consolidation 117 to a point; 4. 46° 24' 40" 505.39 feet along Hawaiian Homes Land to a point; 5. 144° 47' 2,569.29 feet along Lot 13 of Land Court Consolidation 117 to the point of begimvng and containing an azea of 28.832 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, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The applicant, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District; C. Subdivision plans shall be submitted to the Plamung Director within one yeaz from the effective date of the change of zone. Final subdivision approval shall be secured within [three] five 5 years from the effective date of this ordinance. Minimum lot sizes shall be determined by calculating the total azea within the • proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback azeas; D. It shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lots to be rezoned within three yeazs from the date of final subdivision approval. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use. -2- i 1 ' Agricultural activity will be considered substantial: (1) If it provides a major source of income to the person(s) who resides on the property, or (2) If the property is dedicated for Agriculture uses in accordance with applicable Department of Finance, Real Property Tax Division's procedures. This condition shall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; E. Prior to submittal of preliminary subdivision plans, an archaeological reconnaissance survey report shall be submitted and approved by the Planning Department in consultation with the Department of Land and Natural Resources- Historic Sites Section; F. Should any unanticipated azchaeological sites or features be uncovered during land preparation activities, work within the affected azea shall cease and the Planning Director notified. Work within the affected area shall not resume until cleazance is obtained from the Director; G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works; H. Only one access shall be allowed to the proposed subdivision from Ala Kahua Drive. Such access shall meet with the approval of the Department of Public Works; I. All other applicable laws, roles, regulations and requirements shall be complied with; -3- J. 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 developer'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 zone change. The report shall address the status of the development and the compliance with the conditions of approval. This conditions shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, L. An initial extension of time for the performance of conditions within the ordinance maybe granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year); and -4- ' S) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. M. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the azea to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed. New material is underscored. 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 CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: January 24, 2002 Date oflstReading: January 24, 2002 Date of 2nd Reading: February 6, 2002 Effective Date: February 12, 2002 REFERENCE: Comm: 452 APPROVED AS TO FORM AND LEGALITY CORPORA I~C`OUNSEL DATED: ~S- -S- ~ A-190 O LPP ~ i ~ s-rp S~~ LI~ C~\\\ / ~ VO^^ / ~ ~'QC~` A-3s I ~0• A-3e _ FOR REFERENCE / PURPOSES ONLY / A-3e A+,C a / A-ie a 0 C • A-3-• ~ ~ q-Zee A-3e - _ ~ ^_3e A-9~ 4a' 2?' fie" Jes3e Zc~-ee• azr rs"' =.3°+.zs AGRICULTLRFYL (A-~C ~ To AGT~ICULTLI¢AL ~A-; R• Case-ee A ~ 144~TT ~ 3.709.39 ALA 1'CAMUA DRIVE A-1e~ O Z A~3e ~ r / M A~Se~ /\-20~ a ~ ~ 3a A-7eo I u ~ ~ U A-Da Aw D. ~ ~ ~ `psi 4 1 \ ~is~f Y 4~1~ A~40s u I ~ \ / ~ 1 A 3~\ AMENDMENT TO THE ZONING CODE• A1ti1~NCtNG SGOTICN ~S-9SA (NOt~T1-I AND SOt1Tt'i KOlyALA CiSTR1tOTS ZCNE MAP) ARTICLt_ _ Cl-iAPTSR ~s (ZONtN6 CODE} OP Tl-1E l""IAWAtI GCLtNTI' COOL, FF3Y C7-iANGIN6 THC CISTT@!OT t=LAOSIPICATION P1'~OM AGiRICULTLRAL tA-'aOc~ TO AGRICLILTURAI_ (A-~e~) AT KAHUA 15T, N.Of~-Tr-? KOHALA, HAWAII. PREPARED ®°Y = P~.ANNINQ DC-1°AiQTN1Ea.NT 1 ~~~dNT'°P D;° h•!A1f°VABI TMK = S-O~-07 ~ 7 OCT. 17, I~B~ C V I t 11'•1 I T II A 11 JFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: January 24, 2002 Arakaki X First Reading: January 24, 2002 Chung X Published: February 3, 2002 Elarionoff X Jacobson X v REMARKS: Leithead-Todd X L) ~ Pisicchio X - - Safarik X Tyler X Yagong X 'I -.1 - ~ 1 0 - Second Reading: February 6, 2002 ROLL CALL VOTE To Mayor: February 8, 2002 AYES NOES ABS EX Returned: Februarv 13, 2002 Arakaki X Effective: February 12, 2002 Chung X Published: February 26, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO / FORM AND LEG~{~Y UNC/L CHA/RMAN DEPUTY COI2PO TION COUNSEL COUNTY OF HAWAII UNTYCLERK Date 2 -S'~da-- 149 Bill No.: C-452/PC-54 Approve Disapproved this I~- day Reference: ora No.: ~2 2a. of F~n/~. , ao oa- YOR! COUNTY OF HAWAII NZY Oi•M_~ - Virginia Goldstein Stephen K. Yamashiro Director Mayor Norman Olesen ~,iu~ N'„~ Depxq Director ~~ixnfg n~ ~ttfirtttt PLANNING DEPARTMENT 25 Aupani Street, Rmm 109 • Hilo, Fhwoii 967204252 (808) 961-8288 • Fxx (808) 961.9615, February 10, 1995 Elwin F. Hussey c/o Susan Wells Fischer PO Bog 44417 Kawaihae, HI 96743 Dear Mr. Hussey: Subdivider: HUSSEY, Elwin F. "Keanahalululu" Proposed subdivision of Lot 14 of Ld. Ct. Cons. 117 Into Lots 14A to 19H, Inclusive at Kahua 1st, Kahua & Waika, North Kohala, Hawaii TMK: 5-9-007:007 (SUB 91-174) 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 designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System Standards, State of Hawaii, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service laterals. 2. Submit water system construction plans for our review and approval 3. Pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system, but not less than $25.00, to cover the costs for plan review, testing, and inspection. PFanninq Dept. ~ Exhibit,~„~ FE@ i ~ t995' Elwin F. Hussey February 10, 1995 Page 2 4. Final plat map shall be prepared and certified by a registered land surveyor and shall contain all of the requirements of Chapter 23, Subdivision Control Code, Sections 23-63 thru 23-69. 5. Identify the location and direction of all watercourses or any areas subjected to inundation by a 100-year storm. Identify all such areas by drainage easements. 6. Submit drainage calculations and flood control plans (local drainage and flood control provisions). 7. Indicate Q before and after subdivision development. No additional storm run-off to adjacent properties or roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. Indicate how this will be accomplished. 8. Roadway design shall follow the standards of the "Hawaii Statewide Uniform Design Manual for Streets and Highways", including allowable street grades and minimum curve radii. 9. Provide street lights as required. 10. Provide minimum 20-f t. wide agricultural pavement within minimum 50-ft. wide right-of-way for the proposed cul-de-sac. Where grades are S-percent or greater, roadways shall be built to paved standards of the code. 11. Provide a 10-ft. wide "no vehicular access" planting screen easement along the northern boundary of the subject subdivision fronting Ala Kahua Drive, exclusive of the proposed access roadway. 12. Provide minimum 30-ft. radius agricultural pavement within minimum 45-f t. radius circular turnaround. Cross slopes within shall not exceed 5-percent. 13. Provide a minimum 100 feet long intervening tangent (instead of the 51 feet long tangent shown) at the reverse curves in the vicinity of Lots 14A and 14C. 14. Reconfigure the "pole" to Lot 14G to radially intersect the circular turnaround. Provide minimum 10 feet curve radii at the entrance to the flag Lot 14G and minimum 12 feet width for the reconfigured pole. Elwin F. Hussey February 10, 1995 Page 3 15. Indicate and identify "Easement 76" that exists along the southern boundary of the subject subdivision. 16. Submit a sight distance report consisting of the required and available sight distances at all access and intersection points. The required sight distances shall be based on the posted speed limit plus 5 Miles Per Hour (MPH). Adequate sight distances shall be provided at all access and intersection. points or the proposed subdivision shall be reconfigured. 17. Submit construction plans for review and comment. 18. Comply with all conditions of Change of Zone Ordinance No. 90 08. 19. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 20. 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 good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. 21. 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. Paved driveway are recommended along the "poles" to flag lots where grades equal or exceed 8%. Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Department of Health, State of Hawaii. Furthermore, should dedication of roadways including drywells be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. Elwin F. Hussey February 10, 1995 Page 4 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. Should you have any questions, please feel free to contact Ed Cheplic of this office. Sincerely, i,~ VIRGINIA GOLDSTEIN Planning Director EC:lm 6065D(9-12) Attach. ac: 4 engineers PLNG-KONA DPW-ENG-KONA w/PPM Wes Thomas & Assoc., Inc. Triad Engineering REZ 655; SUB 2999 I ~p WATEq R sGe _ r/, 19 69 .y, DEFT;'A;RTME~N~.T:~OF-Wq,7S-~R SUPPLY • COUNTY OF HAWAII ~pG'IOF Pap~c ?rJ~i3!'q~~!KE Kt7At$A~©~'b ~'~,~TRE ET, SUITE 20 HILO, HAWAII 96720 HAWA TELEPHONE (808)961-8050 FAX (806)961-8657 , February 12, 2007 TO: Mr. Christopher J. Yuen, Planning Director Planning Department " FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE APPLICATION (REZ 655) APPLICANT - ELWIN F. HUS5EY REQUEST:. AMEND ORDINANCE, N0.02-21, TIME EXTENSION TO CONDITION C (SUBDIVISION APPROVAL) TAX MAP KEY 5-9-007:007 We have reviewed the subject request and have the following comments and conditions. We have no objection to the proposed time extension request. The water system construction plans must be updated and reapproved by the Manager prior to construction of the water system, and our Engineering Division must be notified at least 72 hours prior to start of construction. Pursuant to Section 23-84 of the Hawaii County Code, the water system must be designed in accordance with the Department's current Water System Standazds to provide water at adequate pressure and volume under peak-flow conditions. The applicant must also pay a fee offour-tenths of one percent of the estimated cost for the construction of the water system, but not less than $50.00, to cover the costs for plan review, testing, and inspection. Should there be any questions, please contact Mr. Finn McCall of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, ilton D. Pavao, P.E. Manager FM:dfg Planning ~e~pt• copy-Mr.Elwin F. Hussey Exhibit. Ms. Susan Wells Fischer Water brircc~6 pro~re,fa... ~g The Depanment of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) r; LJ~a~~' ~im } e. Barbara Bell Mayan Director - • or x~ Nelson Ho i ~ ~ , Deputy Director ~II1ITi~~T II~ ~MftTMit DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni SVeet, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 9b1-8086 MEMORANDUM Date : January 10, 2007 To CHRISTOPHER YUEN, Planni D~ ector From: BARBARA BELL, Director Subject: Change of Zone (REZ 655) Applicant: Elwin F. Hussey Request: Amend Ordinance No. 021-21 -Time Extension to Condition C (Subdivision Approval) TMK: 5-9-7:7 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER COMMENTS: N/A (>C) No comments ( )Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( )Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( )Other: ~ TECHNICAL SERVICES COMMENTS: ~l (Q,, ~~QC SOLID WASTE COMMENTS: ( ) No comments ( h) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (N) Ample and equal room should be provided for rubbish and recycling. ( y~) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. (moo) Construction and demolition waste is prohibited at all County Transfer Stations. Submit Solid Waste Management Plan in accordance with attached guidelines. ( )Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ~~CPI1n1(1g ~@j~t. ( )Other: Exhibit~~ cc: SWD, TSS 9aso Hawai ~i County is an equal opportunity provuler and employer. n p! as• • Barbara Bell kQ Director Harry Kim •t Mayor Michael Dworsky P.E. a•r•` Salid Waste Division Chief ••OR•N•~ County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilq Hawaii 96720-0252 (808) 961-8083 • Fax (908) 961-8086 June 6, 2006 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management, Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2 of 2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. CONCUR: Barbara Bell DIRECTOR 10/13/03 Revised 06/06106 Hawaii County is an Equal Opportunity Provider and Employer. Harry Kim 1 In,l ~ E,li c~r ~ ~y Lawrence K. Mahuna Mayor r,tillE _ ~ ; Police Chief I'i" •rt•o; w,+''~ Harry S. Kubojiri Deputy Police Chief County of Hawaii POLICE DEPARTMENT 349 Kapiolani Street • Hilo, Hawaii 96920-3998 (808) 935-3311 • Fax (808)961.2389 January 22, 2007 TO CHRI OPHER J. YUEN PL__ANNING DIIiECTOR FROM D PACHECO, ASSISTANT CHIEF, AREA II OPERATIONS SUBJECT : Change of Zone (REZ 655) Application Applicant: Elwin F. Hussey Request: Amend Ordinance No. 02-21 -Time Extension to Condition C (Subdivision Approval) Tax Map Key: 5-9-7:7 Staff has reviewed the above-referenced application and has no comments or objections to offer at this time. Planning Dept. Exhibit +.S "Hawai'i County is an Equsl Opportunity Provider and Employer" ®~,4S~J as Mq Harry Kim~~? til~~~ ~ ; Rfrt ~ ~ ~ ~ Darryl J. Oliveira Mayor ~ FLe Chief C~iu-'...: _ . ~ S Glen P.I. Honda 9re of W~ Deputy Ftre Chief ~Countp of ~a~b~a~i`t HAWAII FIRE DEPARTMENT 25 Aupuui Street • Suite 103 Hilo, Hawaii 96720 (808)981-8394• Fax (808)981-2037 k' January 29, 2007 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (RBZ 655) APPLICANTS: Elwin F. Hussey REQUEST: Amend Ordinance No. 02-21-Time Extension to Condtion C (Subdivision Approval) TAX MAP KEY: (3) 5-9-7:7 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. ARR L OLIVEIRA Fire Chief PBW:lpc Planning Qe~pt• Exhibit (0 dA ~?~4t~®~ ~1,U CpGy V A = S Hamai'i County is an Equal Opportunity Praoider and Employer. t E`er F ~Ma PBTER T. YOUNG LWDA UNGLE <P/ ~ e v cx~BwERSrN 9 / OD.UtD M' I.0.vD AND 1.'~TVR.LL RFSOI RCFS CAVERNOR OF NgWNI f CVMM69R>"ON WnIEN REtt111RCE MAVnOlML=NT ij {V' f l l q /1 -d I [ I ROBERTK MASUDA x9 Y ~ ~ DEPVIY DIXE("!OR DEAN NAI(ANO nRP'O DEPCT' O W EROR . wAiE0. ~Alar ~~'~BnMP~ ~ 1 ~ ~ „I nQ~'nTlrusouacEs BOATING MDOCEW PECREAI'I(M' e STATE OF HAWAII °°^""ss'°"w~+w^ ~Y"'"E~AY^n<3EMETMT CONSERVATpN MID CO/STrLLLMTS . _ DEPARTMENT OF LAND AND NATURAL RESOURCES `~O"sE"Y"T'°"A"D"E»"RCPSENPO"~°^°." FNGNEERPb LAND DIVISION PDRErIxYAem wnnLo-F NLSroRIC PpFSERVnTlg1 RN{COLnWE ISLANppEgERVECWMI$Spl Srare o(MB'^ N POST OFFICE BOX 621 srniE VARCs HONOLULU, HAWAII 96809 January 16, 2007 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Norman Hayashi Gentlemen: Subject: Elwin F. Hussey, North Kohala, Hawaii, Tax Map Key: (3) 5-9-7:7 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources has no comment to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, Russell Y. Tsuji Administrator Cc: Central Files Planning ~•pt. Exhibit LINDA LINGLE o, „ CHIYOME L. FUKINO, NI.D. GOVERNOR t~///"'-""'•yW DireUOr of Heallp \950 I 1l"1 iI NT ~ rr,' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: January 17, 2007 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye Acting District Environmental Health Program Chief SUBJECT: Change of Zone (REZ 655) Applicant: Elwin F. Hussey Request: Amend Ordinance No. 02-21-Time Extension to Condition C (Subdivision Approval) Tax Map Key: 5-9-7:7 There aze no additional concerns to those made previously. We recommend that you review all of the Standard Comments on our website: wwwstate.hi.us/health/environmentaUenv-planninp./landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. WORD:REZ 655.my r y ~r..3, C'a Planning ~.pt• Exhibit- 'LINDA LINGLE „e, ~..!_\q w BARRY FUKUNAGA GOVERNOR a~ qsa, s~ INTERIM DIRECTOR 5,~' _ j ~ ~ i DeWNDiredars ~Jj~ f ~ti~ i;-s .,"'[Tf ~ 3~ rgj j~ FRANCIS PAUL KEENO ' ~ ~ q 1 BRENNON T. MORIOKA q~ ~oa BRIAN H. SEKIGUCHI 1 ~ ~ I ' ^%I STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2406 HONOLULU, HAWAII 96813-5097 February 6, 2007 Mr. Christopher J. Yuen , Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Elwin F. Hussey (REZ 655) Amend Ordinance No. 02-21-Time Extension to Condition C (Subdivision Approval) Thank you for requesting our review of the proposed time extension. The subject amendment to Ordinance No. 02-21 will not impact our State transportation facilities in the azea. We ap eciat e opportunity to provide our comments. Very ly urs, BARRY AGA Interim Dire r of Transportation ~~s,~~:~ Planning e~pt. Exhibit,~.~._ Susan Wells Fischer for Keanahalululu PO Box 44417 Kawaihae, Hawaii 96743 808 882-7611 February 17, 2007 Christopher Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Request for Time Extension to complete the Subdivision improvements required in Change of Zone Ordinance No. 02 21, Ordinance No. 96 87, Ordinance No. 90 008 (Rez 655) Applicant: Elwin F. Hussey, "Keanahalululu" Tax Map Key: 5-9-07:007 We are submitting further information in support of our December 22, 2006 time extension request, including an expansion of details on progress since our last Time 6ctension. Compliance with each numbered condition of the February 30, 1995 tentative approval of the preliminary plat is as follows: 1. A water system in excess of Departrnent of Water Supply standards will be installed. The design includes an extension of the waterline to reach the bulk of each bt, beyond the typical start of "Flagpole" driveways. This allows for full fire protection in the form an extra fire hydrant bated close to the building sites at the end of the road, as well as a paved road with full diameter cul-de-sac for fire truck maneuverability. Progress on-site since the last Time Extension: Waterline parts were ordered and received on-site. Waterline trenches were re-dug as needed, and cleaned out. Unfortunately, the company chosen to install the waterline, while current as a plumbing contractor and reportedly experienced in installations of extensive municipal water systems elsewhere, was not licensed as apipe-laying contractor in the State of Hawaii. (see enclosed letters: 8-16-OS Triad & 11-3-OS Department of Water Supply) An indication of the seriousness of this action is, in Mr. Grenier's extensive career, this is the first stop work order he has ever issued. At one point, I inquired as tiA the plumbing contractor's license status by rolling the State contractor licensing office. I was told that the license was clear of wmplaints and that the license was sufficient for the installation of ductile waterline systems, including hydrants, laterals, clean-outs, and related parts. This information fumed out to be erroneous. A renewed effort will be undertaken for our waterline installation, following current standards, and under the inspection of Department of Water Supply personnel. 2. Triad Engineering is currently updating our constructibn plans, with submittal to the County expected by mid March 2007. Planning Dept. Exhibit _ _ - _ - _ YYIbY XY~I~IW~YYI~Yf~l~ll "iWYYlrYrw February 17, 2007 page two 3. Inspection fees have been paid, and further fees will be paid, as required. 4. The Final Plat Map was created by Wes Thomas & Asso., registered land surveyors. submitted to the Planning Departrnent on February 10, 1997 Planning Department acknowledged receipt on February 27, 1997 The Final Plat Map contained all of the requirements of Chapter 23, subdivision Control Code, Sections 23-63 thru 23-69. 5. All watercourses were identified on the plans and easements were established on the Final Plat Map. 6. Drainage calculations were submitted by Triad Engineering. 7. No additional storm run-off to adjacent properties due to subdivision development. In fact, our drainage system goes above and beyond the norm, with the installation of an extensive sedimentation or retention pond system, not only along roadways, but for every location the topography allowed, throughout the entire project. The retention ponds continue to catch any rainfall, trapping sedimentation from flowing down the gulches into the ocean, and, at the same time, creating a variety of oasis areas of natural greenery. Additional proof of sediment being trapped is the grazing donkeys' natural inclination to roll in the fine soil or "fines" in the normally dry knv spots. As observed by Councilman Elarionoff during a Hawaii County Council Hearing on January 24, 2002: "...I checked into it. I went to see the place...what I found out was they were trying to do something totally different from what we've seen happen all the time--where they're trying to dispose of the...excess water on the properly--by moving it around from pond to pond, whkh I thought was a good idea. It's kind of expensive. And it's something that we can probably use as a model later on when we talk about subdivisions that have runoff problems. And that's why I support the project today." Progress on-site since the last Time Extension: The engineers surveyed and measured the capacity of the ponds along the roadway. large excavators enlarged & reshaped three of the largest pond areas, to fulfill engineering specfications. 8. The roadway design follows the required standards for street grades and minimum curve radii. The engineers have determined that our road grade has reached the required specifications. Progress on-site since the last Time Extension: Mass-grade cleanup - Large dump trucks and front end loaders collected piles of soil and rocks along the length of utility trenches to open up areas for other machines to maneuver. 9. Kohala Estates has no street light system. The night sky is widely appreciated as one of the attractions of our area. 10. The construction plans include a 20 foot wide paved road with minimum 50 foot wide right of way. An end of the road pole lot will have a 12 foot wide paved road on a 20 foot wide pole. The entire road will be paved, satisfying the requirement that grades of 8% or greater be built to paved standards. February 17, 2007 page three 11. A 10 foot wide "no vehicular access" planting screen easement fronting Ala Kahua Drive, exclusive of the proposed access roadway, is on the Final Plat Map. 12. The construction plans indude two 30 foot radius, or 60 feet diameter, paved cul-de-sac turnarounds with the required S% or less cross slope. The purpose of the additional turnaround at the end of the pole road is to facilitate fin= truck turning capability next to an additional fire hydrant. Including road shoulders, the main turnaround area is the requires 45 foot radius, or 90 foot diameter, and the additional tumaround is 80 foot diameter. 13. The original plans were revised to provide for the required minimum 100 foot long intervening tangent at the reverse curves. 14. The original plan lot layout was reconfigured, with a pole to the last lot radially intersecting the circular turnaround, provkiing the minimum 10 feet curve radii at the entrance to the pole and the minimum 12 feet width for the pole. 15. Easement 76, along our southern boundary, is identified on the construction plans as for Roadway and Utility Purposes. After over four years of legal work involving a variety of documents and the gathering of signatures of 20 often changing owners, on March 7, 2000, a Petition for Amendment of Purpose of Easement was recorded with the State Land Court, adding the word "underground", so Easement 76 rrow reads "for roadway and underground utility purposes". This action preserved 5000 feet of viewplane for southeast Kohala Estates. 16. The construction plans include sight distance data for the intersection with Ala Kahua Drive. 17. Construction plans by Triad Engineering: Drawn in September 1992 Submitted to the County during May 1995 Approval received in September 1995 General Revisions on September 30, 1996 Lot Lines and Easement Revisions on November 26, 1996 Revised Culvert and Removed Retaining Wall on January 9, 1999 Construction Plan Tracing Approval received from the Planning Department on March 15, 1999 Revised Culvert End Walls on May 12, 1999 Updated construction plans will submitted shortly. 18. The conditions of the Change of Zone Ordinances Numbers 90 OS (Rez 655), 98 87, & 02 21 have been complied with, or are in the process of being completed. Compliance with the conditions of Ordinance No. 02 21, Section 2 include: (A) Complying with conditions of approval, inducting those contained in the February 10, 1995 tentative approval of the preliminary plat. Detailed drawings, prepared by Triad Engineering, were submitted and accepted by the various County agencies, and are currently in the process of being updated. (C) The minimum lot sizes are exclusive of easements for aaess and drainage purposes and future road widening setback areas, which is the strictest such condition applied to any Kohala Estates rezoning. February 17, 2007 page four (D) (2) The property is dedicated for agricultural uses with the Department of Finance, Real Property Tax Division. There are few options for agricultural use in our windy, dry climate, with high cost water. The Kawaihae area is traditionally one of the driest places in the state, with 7 to 20 inches annual rainfall. Kahua Ranch estimates for our elevation: 20 acres are required for one head of pttle. We presently rotate 3 Kona Nightingale donkeys, historically suitable for our terrain, among our 28+ acres and two adjoining smaller properties. The benefit to the County is when large fires sweep auoss our hillside, such as October & December 1993, the fuel load on our pasture is lower than the fuel bad typical in Kohala Estates. (E) Archaeological reconnaissance: Surveys conducted on March 5 and June 24, 1991 Report submitted in July 1991 Report accepted by the Departrnent of Land and Natural Resources, Historic Sites Section, on September 9, 1991 Planning Departrnent concurred on October 15, 1991, conditbn fulfilled (F) If any archaeological sites or features are uncovered during land preparation activities, work within the affected area will cease until the Planning Director issues a clearance. (G) A drainage system is being installed in accordance with the requirements of the Department of Publk Works. Progress on-site since the last Time Extension: Culverts and headwalls Largest gulch crossing - excavatbn and footings, on either side of the drainageway, for the arch base muRi-plate pipe arch culvert installation and baddill concrete footings for headwalls concrete and rock headwall and wingwall construction Three smaller gukh crossings - excavatbn for culvert extensions: to create longer slopes for shorter and therefore safer retaining walls located and shipped in additional sections of same type and sizes of culverts as originally installed footing and headwall completed on one of the three smaller gulch crossings On the evening of October 1D, Z006, a rain storm roused unusually high river Flood levels throughout the Kawaihae area, flowing over Akoni Pule Highway in several locations with such force that boulders smashed guardrails and damaged road shoulders. At the same time, our largest gulch Keanahalululu overflowed mauka of our new arch pipe culvert and spread out, causing considerable erosion damage to our project site, including washing out the roadway bed. On October 16, 2006, another large rainfall tested our large rarer crossing. The good news: our arch pipe culvert and headwalls sustained no apparent damage from the two Floods or the October 15, 2005 earthquakes & subsequent aftershocks. Triad engineers have observed the erosion damage and are including changes in our plan update presently underway to prepare for future excessive fkwding. (H) The construction plans have always included only one access to Ala Kahua Drive, and such access will meet with the approval of the Department of Public Works. February 17, 2007 page five (I) All applicable laws, rules, regulations, and requirements will be complied with. (J) The development will perform in relation to a Unfied Impact Fees ordinance adopted by the council. (K) Annual Progress Reports have been submitted to keep the Planning Director updated. (L) Granting of more time is not contrary to the original reasons for the change of zone. 19. Property markers will be placed in accordance with the Final Plat Map, and the Surveyor will submit certification upon completion. Z0. Nine copies of the Final Plat Map were submitted by Wes Thomas & Associates on February 10, 1997, and the Planning Department acknowledged receipt on February 27, 1997. 21. An outline of our Time Extension requests is contained in our letter of December 22, 2006. The entire road will be paved, satisfying the requirement that grades of 8% or greater be buik to paved standards. If any drywelis are included in the completed subdivision improvements, the subdivider acknowledges that Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health, prohibits any person from operating, wnstructing, or modifying an injection well (drywelq unless authorized by a permit issued by the Departrnent of Health, State of Hawaii. Furthermore, the subdivider acknowledges that should dedication of roadways including drywelis be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. If at any time during the fulfillment of the conditions that environmental problems emerge, problems which were earlier overlooked or not anticipated /accounted for in data /reports available to date, this should be suffident cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution Of the probk~rr(s). The subdivider acknowledges: 1) no final approval for rernrdation will be granted until all conditions have been met 2) subdivided lots cannot be offered for sale, lease or rent, prior to final approval Please do not hesitate to call us at 882-7611, with any questions. Sincerely, / 'A _ )~LGpGn., W.GCIO~ T.G4-G~.GC~ Susan Wells Fischer for Keanahalululu enclosures: Triad Engineering letter August 16, 2005 County Department of Water Supply letter November 3, 2005 TRIAD ENGINEERING 4A0 w. Benson Blvd., Suite tk206 Telephone 907-561-6537 P.O. BOX 1 10890 Fox 907-561-6669 ' Anchorage. Aiaske 99517-089D a-mail: dwegrentervalantechl.com August 16, 2005 Pete's Plumbing, Inc. 69-1777 Puako Beach Drive Kamuela, Hawaii 96743 Attention: Louis tones; Fax No: (808) 882-7551 Subject: Keanahalolula Water Lice Irotallation Stop Work Order. Mr. Jones, On Wednesday, May 25, 2005, you were strongly advised by Mr. Lawrence Lowe, the representative of Triad Engineering, to correct numerous and major deficiencies in the water line installation for the Keanahalululu project. These deficiencies included use of rocks and timbers drrectly under the pipe used for support, bridging of pipe with no bedding support, lack of proper bedding material, lack of compaction of the bedding material, pipe deflections exceeding specifications, unapproved high points in the pipe and lack of thrust blocks. The advice given by Mr. Lowe clearly stated that no trench backfill was to occur until the deficiencies were corrected. Once the cortections were made and accepted by Triad, an inspection, prior to bacldll, was to be scheduled with the County of Hawaii Department of Water Supply, as omlmed m the approved plans. An inspection by Mr. Lowe yesterday, August 15a', indicates that none of these numerous and serious deficiencies have bear cortected. In fact, approximately 75% of the trench has been backfilled to near the top of pipe without proper notification for inspection indirect violation of the plans & specifications. Because of the improper installation, you are ordered to stop backfiUing. You are further ordered to remove all pipe and bed the pipe properly per the approved plans & specifications. When you have completed the proper bedding of the pipe, call Mr. Lawe and the Department of Wster Supply for ao inspection prior continuing with installation and besting. No deviation from the approved plans and specifications will be allowed nor will improper installation be accepted. Sin T vid A. Gronier, P.E. Project Engineer Ce: Elwin Hussey, Susan Fisher, Lawrence Lowe Kohala Ranch Water, County of Hawaii Dept of Water Supply p{ rluf4 p`'~~ Rbpi H 11 ~S DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 6~A0f BIM*{{~~ 345 KEKl7ANA0'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808)961-8050 FAX (808) 961-5557 November 3, 2005 Mr. David Grenier, P.E. Triad Engineering 73-4578 Old Mamalahoa Highway Kailua-Kona, HI 96740 KEANAHALULULU WATERLINE INSTALLATION SUBDIVISION APPLICATION N0.91-174 TAX MAP KEY 59-007:007 This letter is to inform you that the water system for the subject subdivision was installed using expired plans that do not meet current Deparment of Water Supply (DWS) Standards. It requires significant changes to bring it up-to-date. Further, D WS was not notified prior to or during construction, and as a result, an inspector was not assigned to the project. On August 16, 2005, a stop work order was issued by Triad Engineering that requested that the improperly installed waterline be removed and an inspection be arranged with DWS. [n spite of this, construction continued. More importantly, we would like to inform you that C-17, and C-43 licenses are required for waterline installation, and Pete's Plumbing only has a C-37 contractors license. Based on the above, DWS will not grant final approval for the water system until the following are completed: 1) Construction plans aze brought up to current standards and submitted for our review. 2) Upon approval by DWS, four copies ofthe plans are to be sent in for processing. 3) All waterline and appurtenance installation shall be done under the inspection of DWS personnel. If you have any questions, please call Mr. Jason Killam of our staff at (808) 961-8070, extension 249. Sin ere yours, Milton . Pa ao, P.E. Manage JWK:sco copy - Mr. Elwin Hussey Mr. Benjamin Hussey Ms. Susan Wells Fischer Mr. Harold Rhodes, E.M. Riveria & Sons, Inc. Mr. Charles Clarke, Pete's Plumbing Kohala Ranch Water Company Planning Department ~ / Department of Public Works (/Ua~er brirtc~9 rroc~re93... The Depadment of Water Supply is an Equal Opportunely provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington OC 20250-9410. Or call (202) 720-5964 (voice and TDD) RHussey-REZ655.jwd-02-20-07 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE N0.02 21 (REZ 655) AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) 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.02 21 be forwarded to the County Council. 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 five (5) year extension of time to comply with Condition C of Ordinance No. 02-21, which requires the applicant to secure Final Subdivision Approval within five years from the effective date of the ordinance. The applicant plans to subdivide the subject property into 8 -approximately 3-acre sized lots. Condition C of Change of Zone Ordinance 02-21 (REZ 655) states: "Subdivision plans shall be submitted to the Planning Director within one year from the effective date of the change of zone. Final subdivision approval shall be secured within five (5) yeazs from the effective date of this ordinance. Minimum lot sizes shall be determined by calculating the total azea within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas." The original request to change the district zoning designafion from A-20a to A-3a for the subject property was approved by the County Council effective February 13, 1990 (Change of Zoning Ordinance No. 90-008). According to Ordinance No. 90-008, Final Subdivision Approval should have been secured by February 10, 1997. A time extension to secure the Final Subdivision Approval was granted by the County Council effective August 27, 1998 (Ordinance 98-87 amending Ordinance 90-008). Additionally, another -1- time extension to secure the Final Subdivision Approval was granted by the County Council effective February 12, 2002 (Ordinance 02 21 amending Ordinance 98 87). According to Ordinance No. 02 21, Final Subdivision Approval should have been secured by February 12, 2007. The applicant received Tentative Subdivision Approval on February 10, 1995 and submitted Final Plat maps on February 27, 1997. The applicant has conducted extensive onsite preparation work for the subdivision, including roadway grading, trenching for the proposed waterline and underground utilities and drainage system improvements, which include culverts for the planned drainageways, sedimentation ponds and gulch crossings. Additionally, the applicant is in the process of submitting updated construction plans for the project. 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 or their fault or negligence. The applicant has indicated several reasons for non-performance including the installation of the applicant's waterline has several deficiencies requiring correction before the subdivision will be possible and exceptionally heavy rainfall on October 10, 2006 caused unusually high river levels, which closed Akoni Pule Highway. Additionally, Keanahalululu Gulch overflowed and caused considerable erosion damage to the project site. These were conditions that the applicant could not have foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan nor the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this azea since this request was originally approved that would affect this project. Additionally, the request is not contrary to the original reasons for granting the change of zone. Based on the above findings, it is recommended that a favorable recommendation to amend Change of Zone Ordinance 02-21 be forwarded to the County Council. The accompanying draft bill reflecting an amendment to conditions of Ordinance No. 02 21 is provided for your favorable consideration. (Material to be deleted is bracketed and strike through and material to be added is underscored). -2- ~~~'.4 COUNTY OF HAWAII STATE OF HAWAII •••i?•ui:M~i` BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 02 21, WHICH AMENDED ORDINANCE N0.98-87, WHICH AMENDED ORDINANCE N0.90-008, AND WHICH RECLASSIFIED LANDS FROM AGRICULTURAL - 20 ACRE (A-20a) TO AGRICULTURAL - 3 ACRE (A-3a) AT KAHUA 1sT, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-007:007. BE TT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 02 21 is amended as follows: "SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The applicant, successors or assigns shall be responsible for complying with all requirement of Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the State Land Use Agricultural District; C. [ r,. rr a...e ,.rt,.e ,.,.,,..~e ,.r ]Final subdivision approval shall be secured within five (5) yeazs from the effective date of this amended ordinance. Minimum lot sizes shall be determined by calculating the total azea within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas; D. It shall be determined to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lots to be rezoned within three years from the date of final subdivision approval. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life that aze propagated for economic or personal use. Agricultural activity will be considered substantial: (1) If it provides a major source of income to the person(s) who resides on the property, or (2) If the property is dedicated for Agriculture uses in accordance with applicable Department of Finance, Real Property Tax Division's procedures. This condition shall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; E. Prior to submittal of preliminary subdivision plans, an archaeological reconnaissance survey report shall be submitted and approved by the Planning Department in consultation with the Department of Land and Natural Resources- Historic Sites Section; F. Should any unanticipated archaeological sites or features be uncovered during land prepazation activities, work within the affected area shall cease and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Director; G. A drainage system shall be installed in accordance with the requirements of the Department of Public Works. -2- H. Only one access shall be allowed to the proposed subdivision from Ala Kahua Drive. Such access shall meet with the approval of the Departrnent of Public Works; I. A Solid Waste Manaeement Plan shall be submitted to the Department of Enviromnental Manaeement for review and approval prior to the issuance of Final Subdivision Approval; ~o ]The applicant shall comply with all applicable Countv State and Federal laws rules re¢ulations and requirements; [~]K. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; L. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented the applicant shall comply with the requirements of Hawaii Countv Code Chapter 11 as it relates to affordable housine. Compliance with Chapter 11 shall be approved by the Administrator of the Office of Housing and Community Development prior to receipt of Final Plan Approval and/or Final Subdivision Approval; [IB]M. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports -3- are not required; and, (~1N [ A t .h Fh:.«e C hl.e «,.~C .....n«ne ..F n..«.7:4:..«n .,,:h1,;~ «e.....:: L 11 Y r 1, 4 A 1... N.e Dln««: ll:.•en4...•..« 41... F fl.....;«.. n .«nhn«..nn• b' J a r ~ a 1 \ 1. «e.•F e n hL.e .11 ..fn «ri 4 n Ll,nh n •1.7 «..41.n a l.ve f « r F n l,e....«.i LL.e n..«h..,.l ..F ht.u ..««l:..n«4 n YY ~ n~a' n A 1, 4 6 ....N ht. e:.- F ..14 n..h..n«nn• «rhl,e h; «.e ...e .t,t ««h t,o «Lr. . L,..t,e r_e ..t Dtn r,.ae. ~O6°i FLt,u h; w,e ..Lu •t~ ««h t.n r.Mn s 4.. 4t~.u nl a . n C ,.....«4:«.. ..F hl,e nl,n«..o ..f 4\ 1. h' e. +e V «hn.i nL,nll l.e F .,.i e.~4 4.. vea h1.e a n,.i .l,e ..4.+«,7~.,7 F « h.. n.t.t'ti.. nl . zl.~~ , cu u, 5\ 'C 1, «l:nn«h nt.....i.t ~ a n.i.t:ti..«nl n..hn«n:~.«~f ti...e ht.u YY ~'f apgrep~ate-aetierr.]If the applicant should require an additional extension of time, the applicant shall submit its request to the Planning Commission for appropriate action. [1V~J0. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director [shad] y initiate rezoning of the azea to it original or more appropriate designation." -4- SECTION 2. Material to be deleted is bracketed and struck through. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -5-