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HomeMy WebLinkAboutCOM 0734.000 2006-2008Harry Kim Mayor County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawai'i 96720-4252 • (808) 961-9211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax (808) 3265663 September 24, 2007 Honorable Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Dear Chairman Hoffmann and Members: State Land Use Boundary Amendment Application (SLU 07-000014) Request: Agricultural to Urban Change of Zone Application (REZ 07-000064) Request: A -5a to RM -1 Applicant: Seascape Development, LLC Tax Map Key: 7-3-10:3 County Council Initiated Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Off -Street Parking and Loading /county Council Initiated Amendments to Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Subdivisions of Seven or More Lots County Council Initiated Amendment to Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Planned Unit Development (PUD) and Cluster Plan Development (CPD) Applications State Land Use Boundary Amendment Application (SLU 07-000015) Request: Agricultural to Urban Tax Map Key: 6-7-2:portion 20 Change of Zone Application (REZ 07-000068) Request: A -40a and ML -20 to CV -7.5 Tax Map Key: 6-7-2:20 and portion 51 Applicant: North Hawaii Community Hospital Dixie Kaetsu Managing Director Barbara Kossow Deputy Managing Director r.. Comm. No. -7 3q Ref. To: 20U7 Ref. Uate �--- Honorable Pete Hoffmann, Chairman and Members of the County Council Page 2 September 24, 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, Si Hairli U Mayor Enclosures cc: Planning Department 1083107may County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax(808)961-8742 September 24, 2007 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: County Council Initiated Amendments to Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition, as amended) Relating to Subdivisions of Seven or More Lots The Planning Commission at its duly held public hearing on August 31, 2007, voted to forward an unfavorable recommendation to the County Council regarding the proposed amendment to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions, and Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition), as amended. The proposed amendment would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43. Enclosed are transcripts of the hearings, the Background and Recommendation Reports, and comments by Kim Tavares dated August 30, 2007. S' cerely, v William .iraham, Chairman Planning Commission Lcouncilamendchap23&25 7ormorelots Enclosures cc: Planning Department -Kona Hawaii County is an Equal Opportunity Provider and Employer PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 31, 2007 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 23 AND CHAPTER 25 RELATING TO SUBDIVISIONS was called to order at 2:01 p.m. at the King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua-Kona, Hawaii, with Chairman William Graham presiding. PRESENT: C. Kimo Alameda William Graham Andrew Iwashita Alvin Rho Rodney Watanabe Rell Woodward ABSENT & EXCUSED: Takashi Domingo Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Shelly Ogata Rene' Siracusa And approximately 23 people from the public in attendance. INITIATOR COUNTY COUNCIL Continuation of a Public Hearing on an amendment to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions, and Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended. The proposed amendment would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43. GRAHAM: I think we can move onto our next Agenda Item today, and that's continuation of a public hearing on an amendment to Chapter 23 relating to Subdivisions, as well as Chapter 25, of the Hawaii County Code. The amendment would require subdivisions of seven or more lots be processed in the same manner as a change of zone in accordance with the Hawaii County Code Chapter 25. And Mr. Yuen, our Planning Director, will give us a little presentation on this one also. YUEN: These are also two Council initiated bills which, because they would change the Subdivision Code in one case and the Zoning Code in the other case, are being sent first to the Planning Director and then to the Planning Commission for their recommendation, and will be considered and acted upon later by the Council after receiving this. They deal with a different stage in the land use process than the Planning Commission has normally dealt with. The case of subdivisions, after a property has been zoned, particularly for residential areas, the next stage is usually that it comes for a subdivision. For example, the Planning Commission has seen many rezoning applications where a piece of property that may have Agricultural 5 -Acre zoning has been requested for rezoning to Residential 15,000 -square foot lots, and say, that's gone up to the Council and has been approved. Before that subdivision can actually take place, the owner of the property must get an approved subdivision. That's done currently as an administrative process by the Planning Department. There isn't any formal public hearing process. In the last three years there has been a requirement of a notice being posted by sign on the property. With the amendment to the Subdivision Code last year there is a requirement of publication in the newspaper when the application comes in. But the process is primarily a review by people in the administration in the administrative side of government. We included a sample subdivision file for the Commission just to give the Commission an idea of the kinds of things that do happen in subdivision. The issues in a subdivision are primarily conformance with the conditions of the zoning — there may be special conditions of the zoning that have to be met — then water supply, road and drainage infrastructure constructed in connection with the subdivision. So those are reviewed by the Planning Department and the Department of Public Works; when there is a connection with State highways, by the State DOT. And ultimately there is a first stage that is issuance of a tentative approval of a subdivision, which is basically an approval of a layout and a listing of the types of infrastructure improvements that have to be made, and second final subdivision approval, which happens after the improvements have been made or after they have been secured by a bond so that they assure that they can be done. Final subdivision approval allows the subdivider to actually sell individual lots. The Council has proposed that for subdivisions of seven lots or more that this be handled in the same way as a change of zone, except that the final decision would still be made by the Planning Department. The Council originally proposed that the final decision would go to the Council. There is a Corporation Counsel opinion that because of language in the Charter that says essentially the Planning Director makes final decision on subdivision applications, this would not conform with the Charter. So the bill that's before you says that whenever there is a subdivision of seven lots or more, the application would come to the Planning Commission, and would be heard here like a rezoning -type application; then it would go up to the Council and it would be heard by the Council like a change of zone; and the Council could recommend conditions, but then it would go back to the Planning Director to actually implement the conditions. The Planning Department has a negative recommendation on this. We don't have an alternative bill. We tried to outline some of the practical and administrative problems along with the overall question of what is supposed to happen and what kinds of decisions are supposed to be made at the subdivision rather than at the zoning level. And so we tried to explain that in the letter. We have a negative recommendation on the Council bill with no alternative bill actually being proposed. The second bill, which is related, concerns Planned Unit Developments. A Planned Unit Development is a variety of subdivision; typically it's a way of doing a project that's a little bit different than the strict standards of the Code. The kinds of things that can happen in a Planned Unit Development, for example, would be a mix of lot sizes. Say, an example of a project that had zoning of Residential 15,000 -square foot lots; with a Planned Unit Development you can do lots that are smaller than 15,000 square feet, as long as the average size is 15,000. In other words, you can have a mix of smaller lots and open space. You can change the roadway standards in a Planned Unit Development. So it offers flexibility to developers, and often times results have been a better project. The proposal by the Council is that Planned Unit Developments would also go to the Council. In this case there isn't anything in the Charter, 2 which prohibits the Council from substituting itself for the administration in terms of having the final say on Planned Unit Developments. Under the current practice, as it laid out in the Zoning Code, these applications go to the Planning Director, there is a time frame, there is notice to neighbors, there is publication in the newspaper, but the Planning Director makes final decision. The Council bill as proposed would say that the Council would make final decision for Planned Unit Development. Again we have a negative recommendation on that. We think that this would actually discourage people from using this route, by creating a much longer and more political process to get something that does not change the ultimate use of the property or the ultimate density of the property. And taken as a whole, the existing requirements do safeguard the opportunity for public to comment on Planned Unit Development. So again we have a negative recommendation on this with no alternative bill. GRAHAM: Thank you, Mr. Yuen. So you spoke to both Item 7 and Item 8 on our agenda here. I might ask the public — I have no one signed up to speak on neither these Items — if you want to speak, please sign up at the end of the table. Since I only announced Item 7, I think that's all we should really deal with here first. Commissioners, do you have any questions of Mr. Yuen? Yes, Commissioner Woodward? WOODWARD: Well, not so much a question, as a comment from looking over this information that I have. I have a couple of concerns with it. One is the question of taking a function of the administration and turning it over to the legislative branch. The second is you're going to be taking it to people who have no expertise in that area. You have expertise. I'd much rather have you review it and give a recommendation than to have a bunch of politicos go over it and hash it out for political reasons. So I think for a number of reasons both of these are bad bills. And I think that the crossover between taking something that was an administrative function and the legislature co-opting it is a really bad precedent. And again, I get back to the question, too, of giving the item to somebody who has expertise, and it's not the County Council. GRAHAM: Thank you, Commissioner Woodward. Commissioner Alameda? ALAMEDA: Thank you, Mr. Chair. I agree totally with Commissioner Woodward. I think it's a bad idea. I agree with the Director. And I'm just waiting for a motion. GRAHAM: Any other comments from the Commissioners? Commissioner Iwashita? IWASHITA: You are not waiting for me to talk? I think, you know, my limited experience on the Commission thus far, last couple of years, has taught me one thing; and that is that there is a lot of concern in the community about how development is going, and concurrency, and those kinds of issues. And I think that part of that is based upon just looking to the other side of the Alenuihaha Channel and seeing what happened over there in the last 30, 40 years. And then going past Molokai and seeing what happened on Oahu. And you know, that's just a general concern that, and so these kinds of, and we've seen these kinds of Band-Aid legislative remedies being proposed to try and slow down that or get more control over it or change the way things happened. But the concern is they are not, I don't think that, you know, the concern's going to go away. My view is that the box that we work in, Land Use Law, and I don't call it planning, because everything on Oahu was planned and everything on Maui was planned. You know, using these laws, if you want to use that term, I for one don't like the result of that planning process. It's not our laws. The General Plan, the general statement about what we do, you know, how we want things to develop, it's not really an enforceable document. The zoning laws and the subdivision laws, it's not a plan. Those are administrative, basically some guidelines in administrative functions as far as the Subdivision Law. And so I'm going to vote against, or I'll do a negative recommendation. But I really think that, you know, our Charter says that this Commission is supposed to give some counsel advice to the County Council about how to do things, right? And you know, Commissioner Woodward is right; we're not experts on this, right? We are not, none of us have planning degrees and all of that. But that's not to say, you know, it's a community issue. What happens to our land and our water and our air, that's a community issue. And we don't need experts to tell us, you know; we can see for ourselves that it's — excuse my French — getting screwed up, has been screwed up. So I think the message should go back to the Council that we need to do something different. And as most of the Commissioners know, my answer to that is to fully implement the Community Development Plans in an effective community engaging way. And then so we can draw the lines on the ground, so the developers know where they can develop, you know, and make it easier for them to get their development money loosened up. But at the same time those lands (lines) will protect our agriculture and conservation, you know, those green areas that we want to keep, so that my grandchild hopefully one day can have some of the benefit that I've had, being born and raised here. So that's my spiel that Commissioner Alameda was trying to avoid me having to say. But these are the kind of opportunities, you know, this kind of— I would call it — piece -meal legislation that really is not going to be effective in any way; just says our present Zoning and Subdivision and General Plan are ineffective planning documents. They are Land Use Laws, but they really have no effect in terms of giving a clear vision for how this island is going to look in 30, 40, 50 years. The documents don't. You go to Maui and Oahu, you can see what's going to happen, until we do something out of the box. And the Council has to do that; it has the power to do that. You know, we are all swimming down a stream — we are not even swimming — we are being pushed down a stream, and we are going to end up in the same mess Maui and Oahu are in. GRAHAM: Thank you. Any other comments from Commissioners? WATANABE: Mr. Chair. GRAHAM: Yes, Commissioner Watanabe? WATANABE: Mr. Chair, I whole-heartedly agree with Mr. Woodward's statement, especially in light of the previous two bills that we sent a negative recommendation on and the discussions they are having with the additional flood control. And with that, I'm ready, prepared to make a motion, if that's in order. GRAHAM: Yeah, I had one comment I'd like to make too as long as everybody is making comments. WATANABE: Sure GRAHAM: I agree with the general thrust of Commissioner Woodward; that you want the decisions to be made where the expertise is. And I think the only difference in what maybe is valuable about what the Council is putting forth here is that it does become a 91 public process as opposed to a private process. And sometimes the subdivisions can be very large-scale, like when we had the Continental Pacific one over there in Pepeekeo, and North Kohala where I live, Chalon has sold and re -subdivided a lot of property, and all that goes by with the public not being aware what's going on until that sort of happens already, and I think maybe that's some of the public thrust behind us. And those cases in particular I think our Planning Director has done a very fine job, so I have no gripe about it, but I just think that the way it is, when you have a really large-scale subdivision, the public can be greatly affected and not have any sort of open forum to hear what's going on. Thank you. Go ahead, Commissioner Watanabe. WATANABE: Okay. Can we take this vote to -, well, maybe we shouldn't. I move to send a negative recommendation to the County Council for the proposed amendment to Chapter 25 for Agenda Item 7, based on the discussion we've had regarding their technical expertise. GRAHAM: Thank you. Second? Do we have a second? WOODWARD: Second. GRAHAM: Seconded by Commissioner Woodward. Excuse me a second. So Commissioner Watanabe, this is related to Chapter 23 and Chapter 25, is that correct, of the Zoning Code? WATANABE: I think, I was, I'm perfectly willing to take 7 and 8 together, but I'm wondering if you want to -. It seems to me like -. GRAHAM: Let's just do 7, all right, first. WATANABE: Yeah, 7 is only 25, I believe, right? GRAHAM: No, if we read on, my agenda has -. WATANABE: Oh, excuse me. Twenty-three and 25. I stand corrected. GRAHAM: Okay. Is that okay, Commissioner Woodward? WOODWARD: That's acceptable, yes. GRAHAM: Okay. Any further comments by the Commissioners? Jeff? DARROW: Thank you, Mr. Chairman. The motion before us is to send an unfavorable recommendation to the County Council initiated amendment to Chapters 23 and 25. With that, I'll take the roll. Commissioner Watanabe? WATANABE: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: Commissioner Alameda? ALAMEDA: Aye. DARROW: Commissioner Iwashita? IWASHITA: Yes. DARROW: Commissioner Rho? RHO: Aye. DARROW: And Mr. Chairman? GRAHAM: Aye. DARROW: The motion passes, six to zero. GRAHAM: Thank you, Jeff. The discussion ended at 2:19 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary G7 PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT AUGUST 3, 2007 A regularly advertised hearing on the COUNTY COUNCIL AMENDMENTS TO CHAPTER 23 (SUBDIVISION CODE) AND CHAPTER 25 (ZONING CODE) RELATING TO SUBDIVISIONS OF SEVEN OR MORE LOTS was called to order at 10:08 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with First Vice - Chairman C. Kimo Alameda Watanabe presiding. PRESENT: C. Kimo Alameda Takashi Domingo Andrew Iwashita Shelly Ogata Alvin Rho Rene' Siracusa Rell Woodward ABSENT & EXCUSED: William Graham Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Brad Kurokawa, Deputy Planning Director Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 4 people from the public in attendance. INITIATOR: COUNTY COUNCIL Amendments to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions, and Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended. The proposed amendments would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43. ALAMEDA: Agenda Item No. 4, Initiator, County Council. And, Mr. Darrow, would you like to give a background report on this as well? DARROW: Again, briefly, we'll just speak to the bill itself. This is a bill initiated by the County Council relating to subdivisions, Chapter 23, as well as the Zoning Code, Chapter 25. The proposed amendments would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code, Chapter 25. The County Council has referred a proposed amendment to Chapter 23 and Chapter 25. The Council finds that the developments proposed in a particular area should be assessed considering a number of factors including how much public infrastructure is challenged by recent and anticipated growth in the area. The Council finds that the conditions of approval should be imposed to accommodate the impacts of development of subdivisions which consists of seven or more lots in order to manage growth and coordinate the delivery of government services in the County. As proposed, the Council would review and make recommendations on applications for new subdivisions consisting of seven or more lots. The Planning Director, after reviewing the bill, gives an unfavorable recommendation on the bill which would create a Planning Commission and Council review and recommendation process for subdivisions of seven lots or more. ALAMEDA: Okay. SIRACUSA: I have a question. ALAMEDA: All right, you've heard that, Fellow Commissioners? Commissioner Siracusa. SIRACUSA: Jeff, in my packet, I have attached to that a whole file on the application of Hilolani Subdivision. Could you explain why all that paper from something back in 2004 was attached? DARROW: We were trying to give an example of the subdivision process by just attaching the subdivision for Hilolani as Exhibit 2; and that's briefly explained in the background as to why we did that, just so that you can follow the process and see what it is currently. SIRACUSA: It would have been nice if we'd been informed that that's what it was and not just some kind of a clerical error that something got stapled by mistake. DARROW: Okay. DOMINGO: Yeah. Mr. Chairman? ALAMEDA: All right, Commissioner Domingo. DOMINGO: It would have been good if they just put maybe specimen to indicate the existing processes so that we're not being confused by -. I get confused easily. ALAMEDA: Okay. We can address that later. Any other questions regarding this County -? SIRACUSA: Yeah, comment. ALAMEDA: Go ahead, Commissioner Siracusa. SIRACUSA: I have comments. ALAMEDA: You have comments? 2 SIRACUSA: Yeah. ALAMEDA: You want to save it for discussion or, you want to save your comments for discussion or you want to do it now? You have a comment go ahead, you can make your comment, sure. SIRACUSA: I'm hot to trot, let's do it now. ALAMEDA: Go for it. SIRACUSA: Okay, I have here, when I saw this I said, whoopee, this is the first step. Because to my mind the Subdivision Code needs some major, major revamping. The effects of the subdivision approvals is just as crucial to our development as an island as changes of zone; and yet we don't have the flexibility to impose conditions. You know, both a change of zone and a subdivision application can result, for example, in increased density in a community. And yet a change of zone goes through a process, goes through a review, not only of the Department, but of the Commission, and ultimately the Council. So a lot of people get a chance to input into it. Certainly, a lot of the members of the public get a chance to input into it and it can get tweaked, and tweaked, until it's a more acceptable version; and any negative impacts can be addressed. Whereas with the subdivision approval that's done primarily in-house by the Department you don't have all of those follow-ups. And so what I've seen in my community is that large agricultural lots are being subdivided because they can be subdivided as long as they are five acres or more in each new lot, without any consideration for infrastructure, without any consideration for the fact that there is no infrastructure at all, never mind concurrency. And this is increasing the density to the point where it's really impacting public health and safety; and yet there is, the community has no say in the matter, and the Council has no say in the matter, the Planning Commission has no say in the matter. I think that this, I've read what Amy Self put in here and as usual I disagree with Amy Self. I wasn't surprised. I would like to point out that on page 2 where she says, let's see, towards the bottom, (a) and (b) there, "The council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan." ALAMEDA: Commissioner Siracusa, let me just -. SIRACUSA: And I just want to mention that -. ALAMEDA: Real quick. SIRACUSA: You can read the general plan -. ALAMEDA: I heard you, just point of order. Cause Chris is not here, I'm not sure if we wanted to make some of this public yet. I want to turn it over to Mr. -. SIRACUSA: I wanted to get it on the record. ALAMEDA: Mr. Torigoe real quick, just on procedures, making sure we following proper protocol; and then I'll turn it back to you. Mr. Torigoe? TORIGOE: Thank you, Mr. Chairman. I'm song, Commissioner Siracusa, just a -. You're reading from the letter dated April 26, 2007 that says "Privileged and Confidential Communication Attorney -Client," privileged -? SIRACUSA: I'm sorry, I can't hear you. TORIGOE: Okay, are you reading from the April 26, 2007 letter from Amy Self to Mr. Yuen? SIRACUSA: Yes. TORIGOE: Okay, as you can see on the top of that letter there's a banner that says "Privileged and Confidential Communication Attorney -Client Communication Not a Public Record." SIRACUSA: Oh, sorry, I didn't see that. TORIGOE: Okay, that's something that's an attorney-client privileged opinion that was given to Mr. Yuen. He deemed it appropriate to share with the Commission, obviously, because you're considering all this. I think Mr. Yuen may want to waive that privilege and I don't know if the Deputy, Mr. Kurokawa, is prepared to waive that privilege for public discussion today. If not, then maybe we should wait until Mr. Yuen is back, you know, to waive that on the record before we discuss this letter in public. But if you have some factual matter that you want to explain or put on the record, you know, apart from going into the letter, you can certainly do that. SIRACUSA: Okay. I can do that. ALAMEDA: Well, then, let's ask -. SIRACUSA: Unless -. ALAMEDA: Yeah, Mr. Kurokawa, do you think that Mr. Yuen would waive -? KUROKAWA: I guess, you know, my sense of it is rather than the specifics of this -. Cause actually Commissioner Domingo sort of brought up that issue in terms of, you know, Charter and, you know, the executive versus legislative bodies; and so I guess if you want to keep it in that context rather than, you know, specifics of this and then relate it to, you know, the current proposal. SIRACUSA: Okay, that's what I was planning to do anyway. ALAMEDA: Okay, Commissioner Siracusa, go ahead, sorry to interrupt you. SIRACUSA: Yeah, I wanted to say that, well, the General Plan is sort of like the Bible. You know what they say, the devil can quote scriptures to suit his purpose; and you can find examples in just about anything in the General Plan. I mean for a given property you can quote, if you want to develop it you can quote all the economic development part of it and how you're looking to enhance the economy as a Big Island. On the other hand, if you're looking to preserve it, you know, you talk about the natural beauty and the preservation of open space. So you can find stuff in the General Plan to pretty much support or counter any position on any issue. The point is in my mind that the purpose of the Subdivision Code is no longer serving the General Plan, in my estimation. I believe that it has become archaic because it is now becoming more and more counter productive because we are seeing these large agricultural lots being divied up into smaller parcels, which aren't really, supposedly are meant to be still Ag but in actual practice are not Ag anymore, become a gentleman farmer kind of thing. And yet as long as the Subdivision Code is written so that it's not a discretionary matter as long as they meet the certain requirements and pay their fee, bump, they've got it; and they don't have to make any of the improvements to mitigate the problems that they might be impacting in a community. I think that that Subdivision Code needs a total revamping. And this is a band-aid, it's a first step; but I'd rather see a first step than no step at all. For example, seven or more lots, I think that's too much. I would rather see three or four lots as the point at which things have to be looked at. I would like to see the public infrastructure examined more carefully and taken into account in approval of these things. Right now the way it is if the subdivider complies with the requirements like a water variance and follow all other laws the Planning Director must approve the subdivision, even if it's not in the best interest of the community or the island. And that's why I believe that we really do need this. And I will be voting to support this, by the way, even if I do not think it's the be-all/end-all solution. But it's an important first step, and I want to show the Council that I do support that, that we really do need to look at the entire Subdivision Code and make some major, major reconstruction on it. Thank you. ALAMEDA: Thank you, Commissioner Siracusa; and I like your tenacity in your reading and coming up with some of those ideas. Commissioner Domingo, you have something to say? DOMINGO: Yes, Mr. Chairman. You know, the Zoning Code is not archaic, in my opinion. It's an established approached towards addressing the issues of good land use planning. Now if there are certain parts of the Code that is out of whack with today's planning process or with the philosophies of today's society, then let us look at it as an individual item and start to make changes if there needs to be changes to it. The items or the issues of the Zoning Code were put in there to address certain specific problems. And I'm not denying the fact that certainly there would be some that needs to be looked at and be considered for review, not the whole Code, not rewriting the whole Code. You know, again, I put a great deal of emphasis on the integrity of our planning process, the general plan, the community development plan, and all the rest of the studies that have been made. It all assists government to come up with something that would result for the good of our whole community. Now I'm not saying that it's perfect. But I think if there are considerations, you know, in this particular case where there's amendments to the Zoning Code, I would have wished that perhaps the Council or those who expressed strong concerns about this would have gotten together with Administration and talked about it and see 5 how best to approach it, rather than abruptly come up with, bang, certain amendments to the Zoning Code. You know, if we're going to be delegated the responsibility, the Planning Commission, and treat them as any rezoning issue, then all subdivision applications would come to us as a Planning Commission. You know, I would like that, I'd have a good permanent job. You know, I would get a good permanent civil service position. ALAMEDA: Where, at the Planning Commission? DOMINGO: Well, the Planning Commission would be given that responsibility; and if I'm going to be asked to come to work every day, certainly I would wish some kind of payment. That's right. Isn't that true? You know, that's what we're looking at. So, you know, in our decisions, let's be prudent and look at it real objectively and see what the facts will be. It's not the end of the world to see that, you know, we've come to this point, we're going to change it right away otherwise we're doomed. It's not that way. We have time to talk about it, deliberate it, and discuss it. You know, the legislatively body and the administration should get together. Because, you know what, the Planning Commission is caught between this and we've got to make recommendations. But if the battle is so intense, don't include the Planning Commission. I don't want to be involved in that. My input is just a recommendation. What I would feel better is if I say no, then it's no, period. ALAMEDA: Commissioner Ogata? OGATA: I agree with a lot of the points that have been brought forward thus far. However, my stand on this as of right now and, you know, I'm still waiting to hear more about this issue, but I agree that there seems to be a need to address the overall Subdivision Code and that there might be areas for reform. However, I don't think that we should, or perhaps the best route is not to do this piecemeal but to do an overall Code reform strategically, you know, rather than just say, okay, one part of this is to now do, have us review, you know, every subdivision. ] think that it needs to be done strategically and it needs to be done as a whole rather piecemeal. So I would at this point not support this kind of an amendment. ALAMEDA: Okay, that's good for the record. Let me check with Brad, Mr. Kurokawa, on some of his thoughts on this. Go ahead, Brad. KUROKAWA: Just one more kind of final parting comment. hi essence, you know, Commissioner Siracusa, I agree; and I think if you look at the recommendation from the Planning Department it basically acknowledges the gaps in the Subdivision Code. And so the recommendations, and we actually have a strategy. You know, we're working on the roadway standards which kind of addresses parts of it. And what we're doing, you know, in that effort is also recognizing that the Council has, obviously, the policy ability to change some of these Codes, and we recognize some of the changes that are in. But I guess from the larger perspective in terms of process is this appropriate, our recommendation is that, you know, to have reviews of these various applications when we're actually trying to get at the root, which is more the Subdivision Code reform. And so that's where we're coming from, and recognizing and acknowledging the need for some of the changes. ro ALAMEDA: Let me check with Commissioner Iwashita and then I'll go to you, Commissioner Siracusa. IWASHITA: I'll defer. ALAMEDA: Okay, Commissioner Siracusa, so ahead. SMACUSA: Thank you, you're a gentleman and a scholar. Yeah, I, for the same reason that Commissioner Ogata said she would vote against it is the reason I would vote for it. And if it ended right here then I probably wouldn't. But I'm voting for it because I want to send a message to Council saying, and, you know, to administration as well, saying we really do need to revisit the entire Subdivision Code and look at revamping it, because so much of it no longer serves the purposes of our community. And it doesn't matter at this point if it means that the Planning Department has to hire more staff, you know, and that will cost us more money, because in the long run by allowing the current situation to continue it costs us more money in a lot of other ways. For example, increasing density in areas where there is no infrastructure then binds the County to put out money for the infrastructure, things like that. So I don't think we could look at just one expense, say the expense of hiring two more staff members for the Department, and use that as a reason not to do something. If something is the right thing to do, then we should do it because it's the right thing to do, and not because it's going to cost a little amount of money on this side of the ledger as opposed to that side of the ledger. I really do think, I'm glad that Deputy Director Kurokawa is saying that they are aware of a lot of these problems and they're looking at them. I think, as Commissioner Ogata says, we do need a total revamping. What I would really like to see, I guess, is the Council and the Commission going out to the general public in a series of public meetings all around the island, just the way the Public Works did with the roads in limbo, and getting everybody's manao; and then coming back to the drawing board and seeing what they could put together as a general rework of the plan. ALAMEDA: Thank you, Commissioner Siracusa. I think that's a nice lead into Commission Iwashita. Commissioner Iwashita? IWASHITA: You know, I just want to reiterate that, I mean expand upon my prior comments on the prior matter. Because this really is another example of tweaking. Okay? And, you know, the Subdivision Ordinance has been part of planning, right, since day one. And, you know, we have essentially the same kind of law that Maui has, that Oahu has, that LA has; and we're heading down the same road. So the concern about needing to do something different is there. But I just wanted to point it out that if you look at the Subdivision Ordinance, it has some rather broad language. And I want to make it clear on the record that I really appreciate, and I want to acknowledge all of the effort and the work that the Department and the Director puts into doing their job herein implementing the Subdivision Ordinance and working with what they have. I have a suggestion though. If you look at Article 2, Division 1, Section 23-6, of the Subdivision Code, which was last amended in 1975, it says that "This chapter" referring to the Subdivision Ordinance, shall be applied, "shall be applied and administered within the framework of the County general plan which is a long range, comprehensive, general plan prepared or being prepared to guide the overall future development of the County." In the beginning of 2005 the most recent amendments to the General Plan were passed and it included the expressed authority to use community development plans to implement the general provisions of the General Plan. Now 23-6 says that in implementing the Subdivision Code in approving subdivisions that the Department shall apply the General Plan, including implementation of the community development plans, right, to do an effective job and promote what the General Plan says supposed to happen. And the concern I think consistent across this body is that it's not happening. Right? It's not happening. So what to do? We don't have the community development plans. And the little bit that I've seen of what is being done right now in Kona it's nothing more than a mini -general plan. To me what I've seen preliminarily is not real helpful. It's not going down the right road, to be specific. And in my mind, my thinking, is that, you know, there really needs to be more involvement, it needs to be on smaller scales, and these community development plans can be implemented through the Subdivision Code. Just looking at this now, the Department can tell subdividers, well, we're waiting for the community development plans to be done so that we can properly implement 23-6 under the, which says that we shall, the Department shall implement the Subdivision Ordinance in accordance with the General Plan. And because the General Plan is not fully implemented now with properly adopted community development plans for the island, you know, so that if there was a mind to the administration can say, we're going to wait. The law, Section 23-6, says we wait -- Until we have the necessary guidance and the proper, the adopted community development plan for your area we cannot really proceed to approve your subdivision. As to the authority of the Council, the main authorizing section of the Charter is Section 3-15(a) which says, "The council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan." Okay, the Council has the authority to change the subdivision ordinance, there's no question under that. The argument being made is that Chapter 4, Section 6-4.2(f), which basically says that the Director shall "Render decisions on proposed subdivision plans pursuant to law," is intended to exclude the Council's authority to change of the Subdivision Ordinance. Well, it's not that clear, it's not that clear. And because it's not, you know, "Render decisions on proposed subdivision plans pursuant to law," well, what does "pursuant to law" mean? Pursuant to law means that pursuant to the ordinances that the Council passes. Okay? That argument can be made. And because (f) is not really clear, I think it's a stretch to argue that the Council does not have authority to make changes to the Subdivision Ordinance that affects how the director ends up making a decision. The Charter is not that clear on that point. So I don't think we should give developers' lawyers arguments against, you know, how this is done. But, in any event, to me that's not a real argument that the Council doesn't have authority. The Charter is clear that the Council has the authority to change the Subdivision Ordinance. And if the Council had a mind to, I could suggest the Council could make the subdivision ordinance very onerous -- Sure, Director, you can make a decision but, you know, at minimum it's going to take you three years, we require you to spend three years to review a subdivision application. I mean, Council can do that, right? Council can do a lot of things. So, and you guys send it up to us for us to comment before you make a decision, Council can do that clearly. So we need to do something. Again, I go back to the community development plan, because the Subdivision Ordinance is just a, I agree with Commissioner Domingo, this is an administrative, should be just a ministerial 3 administrative thing, right? But the fact of the matter is when you get down to what's on the ground, this is where, you know, the rubber meets the road and where we're having problems. So it really needs to be addressed in the bigger picture. And 23-6 I would suggest the administration can use right now, right, to start doing things administratively in implementing the Subdivision Ordinance which gets the developers to work towards getting the community development plans done. We need developers. Nothing is going to get done, we're not going to get anything built, unless we have development money. Right? The County is not going to be building all of this housing. You know we need development money and we all need to work together. And I'm suggesting that the administration, you know, really work with the money part of how things get done here, right, to implement the community plans; and, you know what, in the big picture we all, those of us without money and those that have money, right, we all end up better if we all work together. This process that we're part of, as a Commission, never worked on Oahu, never worked in LA, didn't work on Maui, and it's not going to work here with all the good intentions that we have. So, again, this change to the Subdivision Ordinance is important. I'm suggesting that the Department maybe should ask for more money to have somebody work on implementing this part of it, you know, and that the Council should seriously consider doing that. ALAMEDA: Thank you, Commissioner Iwashita. Please note that we will be continuing this item as well to the Kona meeting, so we'll have a chance to share our perspectives on this matter. Any other comments before we entertain public testimony? understand there is no public testimony, so -. WILLIAMS: Is it possible to give public testimony now? ALAMEDA: Sure. You want to sign up, get you on record. So we will hear testimony, and then we will make a motion to continue it. Okay? And then we can discuss more at the next meeting. Sir, could you please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? WILLIAMS: Yes, I do. ALAMEDA: Thank you. Could you please state your name and address for the record. WILLIAMS: My name is Robert G. Williams. My address is 101 Hualalai Street. It's my business address, Hilo. ALAMEDA: Okay, are you going to read your testimony or are you just going from -? WILLIAMS: Actually I don't have written testimony today. But I did want to say a few words regarding this bill. ALAMEDA: You may. WILLIAMS: Okay. I think one of the issues involved here is that the way the Charter is set up it basically follows the same concept of state government, which follows the concept as the Federal government. We have a separation of powers. We have a judicial, and we have a legislative, and we have an executive branch of government. What the Council wants to do here is both write the laws and administer the laws; and I think that's where the problem is. I think Chris's analysis, Planning Director Yuen's analysis, here is very good. I'm representing the Hawaii Island Chamber of Commerce. I am president of that group. And I want to put us on record as supporting Chris's position here. And I want to do that because of the fact that I think that while the Council has the ability to change the Subdivision Code, they are the law -making body. They shouldn't be the same body that's administering it, because that's crossing over and trying to take over two areas. Additionally, I don't think the Council has the expertise in planning to be able to administer the amount of subdivision applications that go through. The Planning Director has a background, a long background, all the planning directors have, in planning, and they have the knowledge of the laws. Whereas, the County Council has many, many different areas they have to work on. They don't have the time to be specialists just in planning. So it only makes sense to have the administration have a planning director who enforces the laws that are set up by the Council, which is the way we have it now. And that's my testimony. ALAMEDA: Thank you, Mr. Willhams. Do we have any questions for Mr. Williams? Do you have a question for Mr. Williams? RHO: I do. ALAMEDA: Okay, Commissioner Rho. RHO: I'll preface it by saying that I don't really know that much about what has taken place, specifically with these amendments, and exactly who proposed them and exactly why they're being proposed. But it's my general feeling that it's being proposed, these amendments, because there is great frustration over the, what's seen as, I guess, unplanned development, especially in the West Hawaii area. And I guess people see the infrastructure and they drive daily and they experience frustration over that. So it is piecemeal. I agree with basically everything everybody said on this table. And I guess I agree with you because I would actually today vote for Chris Yuen's recommended changes or his thing to not go with this Council amendment. But it seems to me that the present system, whatever that is, and however that actually really, really runs, is not effective enough or is not doing what it's really supposed to be doing, and maybe that's just impossible to do. But it's not, and that people feel that, and then you bring pressure on the Council people who then react by proposing these amendments. That's the way I personally see it as this point. So I wanted your take on that, on my comment. WILLIAMS: Well, I think there is a lot of frustration, particularly in West Hawaii. But I think a lot of that frustration has to do with the infrastructure problem. And I don't believe this particular bill will solve anything about the infrastructure problem. Our roads, you know, how many new roads have we built? RHO: I agree with that. But I want to know if you have any ideas on how we can, or what we can do, or what the Council can do, or what the community can do to alleviate the problem in the future. It won't happen tomorrow. I mean is it just to continue the way we're operating with the present general plan, with the community plans that are being developed, with 10 the current Subdivision Code? So are we to just continue as we've been doing? Is that the Chamber's position? WILLIAMS: I would say that we should continue the format but possibly there needs to be some changes in the Codes; and that would be up to the Council as a law -making body to propose those changes. I do believe there's room for changes to the Code. But I don't think you'd want to change the format the way that the process is done. RHO: And I just want to make one last comment. I was in Los Angeles about two weeks ago for about 14 days; and I spent most of the time in Los Angeles, downtown Los Angeles. They have, in my estimation anyway, a wonderful bus system which I took. I didn't rent a car until the last couple of days, and I drove down to San Diego. And I'm sure some of you have driven from Los Angeles to San Diego. They have five, sometimes six -lane freeways and the speed limit for most of it is 65 miles per hour. Most of the cars are going 70 or 80, and maybe 85; and some of them on the left lane are going maybe in excess of 85. And I know that because I was driving at least 70 to 75 miles an hour, not on the left lane but on the third and fourth lane. The fifth lane is basically the turn-off lane and the incoming lane. The reason I bring that up is at one point for a good stretch of like 30 minutes to 45 minutes on that five- to six -lane freeway, we were traveling, all five or six lanes at between 25 and 35 miles per hour; and I couldn't believe it. I thought I was back in Kona driving from Kailua-Kona, I mean, driving from the airport to Costco and to Kailua town. IWASHITA: That's five miles per hour. RHO: I know, but I felt the same way. I mean, you're on this five- or six -lane freeway and it was not, I left LA at 11 o'clock and within 45 minutes to an hour, so now it's about 12 o'clock, I'm travelling at between 25 and 30 miles per hour on a six -lane freeway in the middle of the day. I thought the traffic jam was before 9 o'clock and after 3:30. There was no evidence anyway of an accident for the next, till I got to San Diego there was no accident. So I guess my thinking, as I read through this material and hear all this testimony or this discussion, is are we really going to solve our problem or -? I mean, I don't personally think, and that's why I asked you the question, I don't personally think that the general plan, the community development plan if Mr. Iwashita is reporting correctly his impressions, or the current Subdivision Code, even amending it with, you know, minor changes, will do the job. We're going to end up like Honolulu, we're going to end up like LA, we're going to end up like San Diego, and every part between LA and San Diego. It's terrible. We need some major, I'm not talking about tweaking, we need some major, major decisions made by some very creative people, and maybe some decisions that a lot of people will not like. But I just throw that out to you. Thank you. ALAMEDA: All right. So that was a question that he already knew the answer to. IWASHITA: Mr. Chair? ALAMEDA: So let me just remind you, Commissioners, we have a testifier here that will entertain any questions that you might have, but not statements. And if you have a question, make it a genuine question. Okay? Go ahead. Commissioner Iwashita, what's your question? 11 IWASHITA: Thank you for your guidance, Mr. Chair. Hi, Bob. You keeping your swing slow and smooth? WILLIAMS: Trying. IWASHITA: This is directed to you, and at the risk of incurring the wrath of the Chair I'm just going to say this, that I really —. You heard my comments earlier, yeah? And I really want to encourage you as the president of the Hawaii Island Chamber of Commerce to use your position and to talk to all the other chambers and everybody to strongly consider the community development plan process and getting it, you know. Cause I, I fully agree obviously what Commissioner Rho just said, right, that we've got a system exactly like LA, I mean the differences are minor, exactly like San Diego. Our zonings laws are, you know, land use development, planning -. Planning is a misnomer. I think Commissioner Rho said unplanned development, there's no such thing, not in this state, not in California, not any place in this country. There's no such thing. Everything is planned. Everything on Oahu was planned. Where they put the roads, how many roads, how messed up it is, it is all planned. Same thing on Maui, Kihei, Lahaina, and same thing in Kailua. Everything was planned, everything was approved; and this is what we get. And we're going to get more, as Commissioner Rho indicated, right? There's nothing to stop us. So it is a serious matter. I really want to encourage you and the rest of the chambers to look seriously at this one. Because economically, you know, we want to thrive; and I think it can be done, if you look at it seriously and put it on your agenda for the next year or two to come up with what Commissioner Rho is asking you about. Right? It's another way. Because this way that we're all involved in now, history tells us it doesn't work. And if you can find one example of where it has worked, please let me know right away. ALAMEDA: I guess that's a question. You were going to say yes or no to that? IWASHITA: No, it wasn't a question. I just -. ALAMEDA: Okay, rhetorical. IWASHITA: He can say he will or he won't. SIRACUSA: I have a question. ALAMEDA: Mr. Williams, we appreciate your testimony. Fellow Commissioners, again, testifiers are not here to be ridiculed or, you know, made subject of -. They're just here to provide testimony; and I want to respect, you know, I don't want a testifier to be scared of coming. So we don't want to set a precedent here. So if you have a genuine question, please ask it. Commissioner Siracusa? Go ahead, Commissioner Siracusa. SIRACUSA: Okay. The Subdivision Code was written and passed in 1975. I know that in my community when I moved to Pahoa in 1975 I could walk down the middle of the street in the middle of the day, from one end of town to the other, and not see a single car in either direction. Now I can stand and wait, and wait, and wait, and wait until there is enough let up in the traffic that I can make a dash across. To my mind there have been an awful lot of changes 12 since 1975 and that, and the Subdivision Code to me is now really passe on what it was trying to accomplish then, and what it does accomplish, and how well it now suits our current situation. So I would like to ask you if you think that this antique document fits our situation best and does the best job possible for our community, or if you think that it could really use some modernizing. WILLIAMS: Well, the Subdivision Code has had modernizing. It isn't the same code of 1975. There have been changes to it. That said, I certainly would agree with you that there are things that could be done to improve it. None of us want to see unbridled development where the island just becomes paved. I too came here in 1975 and I also remember the traffic was a lot less back in those days. I also remember when you went to a store there was nothing you could purchase, everything had to be ordered. Now stores actually carry an inventory. So there's pros and cons with development. We are going to have some development. The question is is the development going to be good or bad? And that is our job, yours as Commissioners, the Council, the administration, us as citizens to try to do the best we can to make the growth be responsible, yet have a good economy. Because as the president of the Chamber of Commerce we naturally are trying to advocate business. But, again, we're not saying we want business at the expense of the community. We want business because we want a strong economy so people have jobs, so they can afford houses. That's very important. At the same time, it does have to be balanced. SIRACUSA: Follow-up? ALAMEDA: Commissioner Siracusa? SIRACUSA: Yes. I think we're all on the same page. What I would like to hear from you as a member of the community is do you have any specific ideas about changes that you would like to see? If you were king of the world, what would you do? ALAMEDA: Mr. Williams, you don't have to answer any of our questions. But if you want to, you go ahead. WILLIAMS: That's kind of difficult on the spot to say if I was king of the world what would I do. SIRACUSA: If you were the Mayor of the Big Island, if you were head of the Planning Department? WILLIAMS: Well, certainly I would want to see property rights protected because I think that's an important issue too, that we have certain rights when we own pieces of property. If they're entitled properties you have a vested right to be able to do things with it. And that's the purpose of zoning. You know, maybe some of the changes to the Zoning Code and to the Subdivision Code could be made that would be beneficial. I can't off the top of my head say exactly what I would plan, cause I didn't come here today with that in mind. I guess I'll conclude with that. Thanks. ALAMEDA: Follow-up, Commissioner Siracusa? 13 SIRACUSA: Yes. I would just like you, and maybe the Chamber, to start thinking about specifics so that you could come back and make some recommendations to the Commission, the Department, and the County Council. Because they need input from all sides, from all stakeholders; and everyone on this island is a stakeholder. WILLIAMS: I will say as a follow-up to that that I have been giving testimony both in favor of some bills and opposed to some bills at the County Council level through the last two years. The last year I was president elect and head of the government affairs committee, and this year as president. And you will see me or somebody from the Chamber of Commerce. We are trying to be more proactive. Thank you. ALAMEDA: Thank you. Commissioner Domingo, you have another question for Mr. Williams or you have a statement? DOMINGO: Question. ALAMEDA: Okay. DOMINGO: You know, there's a well-known phrase that is be aware of what you ask for, yeah. And in this case when we're saying that the Zoning Code is obsolete and that we should rewrite it to suit today's situation, that phrase comes to my mind. Because whoever is chosen to sit on that committee or will do that job, the consultant who will do the job, what they're looking at is today's prevailing situation. And certainly they'll find a need to it because growth, as you put it, was unbridled; and now because of that unbridled growth, we're experiencing all these difficulties and hardships in our communities and on this island, as they do in Los Angeles. And bridled growth needs to be bridled, period, bridled. And then the question is how would you folks look at, and this word is somewhat shunned by developers and businessmen, at controlled growth, you know, controlled growth. Because as I envision all that has taken place from the early seventies up till now, there has been a phenomenal amount of growth on this island. And because of that growth today, we have so many hardships; and the quality of life has eroded to such an extent that, you know, people are just plain upset with government because we didn't take care of that kind of growth. So I think our growth has been paralleled with Los Angeles and other metropolis where the growth has come to such an extent that it has impacted on the quality of life of those who live there, as well as us on the Big Island. And I think there's nothing wrong with the Zoning Code, nothing wrong with the General Plan, or anything like that. Of course, I agree with the fact that we need to have a community development plan in all of our communities, which reflects the General Plan. And after those community development plans are adopted, then we should follow up with updating our Zoning Code to fulfill the goals of the General Plan, of the community development plans and the General Plan, you know, systematically. But I think what we need to look at and ask ourselves is how much more growth do we need on this island? You know, are we satisfied with it? Do we need more? And that's the key question that we should ask ourselves. Thank you, Mr. Chairman. ALAMEDA: Good question. All right. Anybody else have statements and hidden questions in your statements? Seeing none, thank you so much for your testimony, 14 Mr. Williams. You may be seated. Any other public testimony we can take at this time? Seeing none, all right. Mr. Darrow, can you tell us what kind of action we should be taking on this agenda item today. Darrow: This agenda item is also going to be placed on the next Kona meeting, August 3155. So if we could just get all in favor for the continuance then we can move forward to the next agenda item. ALAMEDA: I guess I can take a same voice motion. All those in favor of continuing this agenda item to the next Kona meeting, aye? COMMISSIONERS: Aye. ALAMEDA: Okay, all those not in favor? Seeing no objection we will move this agenda item to continue to the Kona meeting. The discussion ended at 11:10 a.m. Respectfully submitted, 15 Sharon M. Nomura, Secretary BRCCImtiatedSuddivisim.do 7/27/07 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: COUNTY COUNCIL AMENDMENT TO CHAPTER 23 AND CHAPTER 25 The County Council has initiated an amendment to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions, and Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended. The proposed amendment would require subdivisions of seven or more lots to be processed in the same manner as a change of zone in accordance with Hawaii County Code Chapter 25 (Zoning Code), Sections 25-2-42 and 25-2-43. BACKGROUND The County Council has referred a proposed amendment to Chapter 23, Hawaii County Code 1983 (2005 Edition), as amended, relating to Subdivisions and Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended, to the Planning Director and Planning Commission for their review and recommendation (Exhibit 1). The council finds that developments proposed in a particular area should be assessed considering a number of factors, including how much public infrastructure is challenged by recent or anticipated growth in the area. The council finds that conditions of approval should be imposed to accommodate the impacts of development of subdivisions which consist of seven or more lots, in order to manage growth and coordinate the delivery of government services in the County. As proposed, the council would review and make recommendations on applications for new subdivisions consisting of seven or more lots. Before addressing the role of the Planning Commission and council in reviewing subdivision applications, it is essential to start with an explanation of the current subdivision process. Any subdivision must conform to the zoning, which was established by the council in a zoning ordinance. If a property is zoned Single -Family Residential 10,000 square feet (RS -10), the subdivider can create 10,000 square -foot lots. The Planning Director's responsibility is to administer laws enacted by the council. Thus, even if the Planning Director is not in concurrence with the RS -10 zoning, the subdivision application must still be processed and eventually -1- approved if it conforms to all other legal criteria. Under current law, the subdivision stage is not a point at which the basic use of the property is reconsidered. Based on the current code, the issues examined during the subdivision review process are: 1) roads; 2) drainage; 3) water supply; 4) conformance with condition of zoning; and 5) conformance with requirements of other laws, such as preservation of historic sites (Hawaii Revised Statutes Chapter 6E, more specifically, 6E-42) and the Special Management Area (SMA) law. There are standards in the Subdivision Code and the Department of Public Works and Department of Water Supply publications for roads, drainage and water. If the subdivider complies with all of these requirements and follows all other laws, the Planning Director must approve the subdivision. An example of a subdivision file is attached as Exhibit 2. The current code contains some points where the Planning Director has discretionary powers over subdivision. HCC Section 23-25 provides that "Outstanding natural or cultural features such as scenic spots, water courses, fine groves of trees, heiaus, historic sites and structures shall be preserved as provided by the director." (Although a sentence in this section refers to subdivisions of 200 lots or more, we have taken the position that this sentence applies to subdivisions generally). This section does not, however, authorize the Planning Director to ignore the basic zoning of the property. As for historic sites, although the State Historic Preservation Division has the authority to recommend that sites be preserved, they cannot mandate preservation, so it is up to the Planning Director to include preservation as a condition of subdivision approval. The subdivision process is also a point at which the conditions of the zoning ordinance applicable to the property reviewed for compliance, such as affordable housing. If time conditions on the zoning have expired, the subdivision should not proceed until the landowner has successfidly obtained a time extension from the council, if necessary. Other laws also affect the processing of subdivisions. For example, H.C.C. Chapter 34 requiring public access in subdivisions is enforced at this stage. Until recently, there was no good way for the general public to be informed about a subdivision. Bill 246 enacted in 2006 required a bi-monthly newspaper publication of new subdivision applications received, and applicants for subdivisions must also now post a sign. -2- There is also a check on the Planning Director's authority over subdivisions, as the applicant or a member of the public with standing can appeal the director's decision to the County Board of Appeals. The main factor that clouds this picture of limited discretion over subdivision is the common use of variances. Although Section 23-84 of the Subdivision Code requires a water system meeting with the requirements of the Department of Water Supply, for years, it has been common practice for the department to grant variances to allow subdivisions on catchment for subdivisions involving relatively small numbers of lots, when there was no public water system in the area or when water meters could not be obtained without expensive upgrades to the system. The huge subdivisions on catchment in Puna and Ka'u, like Hawaiian Ocean View Estates, were approved before the water supply requirement was included in the Subdivision Code in 1967. The current administration began denying water catchment variances in areas with low rainfall but several of these denials were overturned by the Board of Appeals. The Planning Director then enacted an administrative rule, Rule 11 that limits water catchment variances. Variances from the minimum road standards have also been very common over the years. The County currently has a study to review these standards and will be preparing substantial amendments. In summary, the current Subdivision Code and other applicable laws create a subdivision process where basic use must follow the zoning, and the Planning Department is basically administering a set of requirements, mostly pertaining to on-site infrastructure. Resolution 158-07 (as amended) and the attached bill suggest a much more wide-ranging and open-ended review for subdivisions, although the ultimate scope of what could be involved is unclear. The bill states that the council may recommend conditions that would be attached to a subdivision, using the same language as currently exists in the zoning code for conditions on new zoning. This suggests that the council could require that a zoned property, to obtain subdivision approval, satisfy any kind of conditions that the council would like to see imposed, such as park dedication, improvement of off-site roads, or even a reduction in density. However, the bill does not contain any language empowering the Planning Director to actually impose such conditions on the subdivision. This may be a technical flaw, and it is the intent to grant the Planning Director an -3- essentially open-ended power to impose such conditions. However, if that were the case, it is not clear whether the Planning Director is limited to the conditions recommended by the council, or will be given open-ended power to include conditions on subdivisions on an ad hoc, case-by-case basis, rather than being limited to requirements stated in the code. The fact that the resolution mentions the large extent of development possible under existing zoning suggests that this is an attempt to reconsider the zoning at the subdivision stage. The council could recommend that a subdivision to 10,000 square -foot lots in a RS -10 zoned district be approved only if the lots were at least 20,000 square feet in size, and the Planning Director would have the power to do so. If that were the intent, it would be fairer to review zoning and initiate changes to the zoning rather than wait until the landowner has spent time and money to prepare a subdivision plat. The council does have the power to initiate rezonings. This can raise problems with vested rights (when the landowner has the right to develop according to zoning because of investments made in reliance on a final approval), but this same problem will surface if a change is attempted at the time of subdivision approval. The Council also has the power to change the overall rules that apply to subdivisions. For example, the administration is proposing an amendment to Chapter 11 (County Housing policy) that will require all new subdivisions to provide affordable housing (except for projects that have previously fulfilled their affordable housing requirement). Finally, from a strictly practical and institutional point of view, holding public presentations to the Planning Commission and Council on roughly 40 subdivisions per year will require a substantial increase in Planning Department staff. This is approximately the number of rezoning applications that the Planning Department staff prepares for hearings at the Planning Commission every year. It would probably require, at a minimum, two additional staff planners and a clerical staff to implement a system where subdivisions of seven lots or more must be reviewed by the Planning Commission and County Council. Based on the above, the Planning Director gives an unfavorable recommendation on the bill to create a Planning Commission and council review and recommendation process for subdivisions of seven or more lots. The council should set the overall rules and requirements for -4- subdivisions through the Subdivision Code and related laws, and the subdivisions should be reviewed administratively in the Planning Department. If a change to the potential use of an area from its current zoning is desired, the County or the Planning Director should initiate a change of zone rather than wait for a subdivision application. The primary difficulties with the current subdivision process are: 1) the very limited ability of the County to require improvements to public streets leading to the subdivision. There are a number of subdivisions on very substandard public streets. The administration expects to introduce an amendment on this matter; 2) the use of water and road variances. Rule 22 regarding water variances is also being challenged at the Board of Appeals; 3) the current road standards mandate excessively wide roads in neighborhoods; 4) the current Subdivision Code does not give the administration the authority to require sidewalks, at least when the zoning for the property does not require sidewalks; 5) the difficulty of integrating the plans for neighboring areas that may be subdivided at different times, so that roads and other infrastructure are developed in a coordinated way. One of the goals of the community development plans is to set overall infrastructure plans for various areas. Most of these are issues the administration would like to address in an overall Subdivision Code reform, which is currently waiting for the development of street standards. The Planning Director recommends that the Planning Commission send an unfavorable recommendation to the Hawaii County Council. -5- YY Oi y I > ` ST E OFF H' AWAY1 RESOLUTION NO. 158 07 (Draft 2) A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO INITIATE AN ORDINANCE TO AMEND CHAPTER 23, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO SUBDIVISIONS AND AN ORDINANCE AMENDING CHAPTER 25, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO ZONING. WHEREAS, recognizing the need for well-plarmed, community-based, responsible future growth in the county, the council wishes to take a more proactive role in establishing policies for the approval of subdivisions, planned unit developments, and cluster plan developments within the county; and WHEREAS, the Hawaii State Constitution, article IX, section 6, Management of State Population Growth, states: "The State and its political subdivisions, as provided by general law, shall plan and manage the growth of the population to protect and preserve the public health and welfare; except that each political subdivision, as provided by general law, may plan and manage the growth of its population in a more restrictive manner than the State."; and WHEREAS, the Hawaii County Charter section 3-15 charges the county council with the responsibility for enacting zoning, subdivision, and other such ordinances when it states, in Part: "The county council shall adopt by ordinance a general plan which shall set forth the council's policy for long-range comprehensive physical development of the county. It shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes ... and such other matter as may, in the council's judgment, be beneficial to the social, economic, and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people.... (a) The council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan. (b) No public improvement or project, or subdivision or zoning ordinance, shall be initiated or adopted unless the same conforms to and impiements the general plan...."; and WHEREAS, from 1947 to 1965 subdivision ordinances in the county were enacted by the PIawring and Traffic Commission of Hilo and the County of Hawaii, an eleven -member commission appointed by the Board of Supervisors of the county created by Ordinance 1947-44, whose duties included subdivision regulations: EXHIBIT I "The Commission shall have written regulations for the subdivision of real property pertaining to the coordination of streets within subdivisions with other existing or planned streets, or with other features of the master plan for the adequate and convenient placing of open spaces for traffic, utilities, access for fire -fighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots, and for a proper distribution of population and traffic which will tend to create conditions favorable to public health, safety and morals. All such regulations shall be enacted as Ordinances of the County of Hawaii and shall be published as provided by law for the publication of ordinances....''; and WHEREAS, pursuant to the provisions of Ordinance 1947-44, the Planning and Traffic Commission heard applications for new zoning ordinances and for new subdivisions at a public hearing, which hearing was duly noticed in a newspaper of general circulation in the county at least ten days prior to the hearing; provided, however, that: "...no such application shall be considered by the Commission unless seventy- five percentum of the persons, being the owners or lessees holding under recorded leases (the unexpired term or which is more than five years from the date of filing such application) of real estate situated within a distance of 750 feet from the nearest point of the real estate owned or held by the application, shall join in such application. The Commission shall consider and act upon such application, and shall hold public hearing thereon, notice of which shall be given...."; and WHEREAS, pursuant to the provisions of Ordinance 1947-58, the Planning and Traffic Commission of Hilo and the County of Hawaii had the authority to disapprove subdivision applications and "the grounds of the disapproval of any subdivision plan shall be stated in the records of the commission...."; and WHEREAS, other municipalities regulate subdivision's through their legislative bodies; for example, California's Subdivision Map Act Section 66411 states: "...Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Each local agency shall, by ordinance, regulate and control the initial design and improvement of common interest developments as defined in Section 1351 of the Civil Code and subdivisions for which this division requires a tentative and final or parcel map_...."; and WHEREAS, the council recognizes: (1) its mandate established by the Hawaii County Charter to enact subdivision and zoning ordinances which carry out the provisions of the general plan; (2) the historical precedent in this county and legal precedent in other municipalities in California and elsewhere to process subdivision ordinances as discretionary pennits, rather than as administrative permits; and (3) the community's demonstrated desire to actively participate in planning for future growth within the county; and WHEREAS, according to data from the planning director provided in his December 22, 2006 Council Zoning Overview document (Communication No. 49), current zoning in the 2 county, with no new zoning, would allow a very large population increase because of existing lots, lots that could be created by subdividing property to existing zoning, and apartments or condominiums that could be built on already zoned property; and WHEREAS, according to the planning director, the major areas of existing residential zoning that have not yet been developed into subdivisions include: approximately 5,000 units in Waikoloa Village, 2600 units at the "Villages of Aina Le`a south of Waikoloa, 1490 units at Kohala Ranch, 1100 units at the top of Hina Lani Street in Kailua-Kona, 600 units by Parker Ranch in Waimea, 500 units at the "University Terrace" project in Hilo, 400 units south of Kona Palisades in Kailua-Kona, and 333 units on Wilder Road in Hilo; and WHEREAS, according to the planning director, it is also possible to create thousands of lots in agricultural areas with existing zoning, particularly on agricultural land in the districts of South Kona, Puna, and Hamakua; and WHEREAS, according to the planning director, the existing major resort areas are also zoned for a large number of additional new units, allowing for a very large potential expansion in these resort areas; and WHEREAS, according to the planning director, most of the zoned properties in Kona and South Kohala never had affordable housing conditions imposed because they were zoned prior to the time when the county started requiring affordable housing when it approved new zoning; and WHEREAS, affordable housing conditions may legally be imposed at the time of subdivision approval, along with a variety of other conditions to accommodate the impacts of development of subdivisions, in order to manage growth and coordinate the delivery of government services in the county; and WHEREAS, county residents have repeatedly expressed their frustration with the lack of infrastructure in the form of roads and the resulting traffic congestion, a lack of affordable housing, the loss of open space and agriculture, and the perception that rapid growth will lead to a Ioss of community, culture, and place in the county; and WHEREAS, amendments to the subdivision code and zoning code will ensure that developments proposed in a particular area are assessed considering a number of factors, including how much public infrastructure is challenged by recent or anticipated growth in the area, and will increase opportunities for public input into the subdivision and planned unit development review process; and WHEREAS, the council wishes to review and make recommendations on applications for new subdivisions consisting of seven or more lots, and to review and render decisions on applications for new planned unit developments and cluster plan developments consisting of seven or more Iots; and WHEREAS, of the 502 subdivision permit applications submitted to the planning department between January 3, 2005 and December 27, 2006, 86 of these permits were for developments consisting of seven or more lots, or approximately 17% of all subdivision applications submitted during this 24 -month period; and WHEREAS, the council wishes to add another layer of public and governmental scrutiny to roughly 17% of all applications for new subdivisions, to include those projects consisting of seven or more lots, which have potentially greater impacts on the surrounding community than do small-scale subdivisions; and WHEREAS, the vast majority of subdivision applications for developments consisting of six or fewer lots, or roughly 83% of the total number of applications, would not be impacted by the proposed amendments to the subdivision code and would continue to be processed administratively by the planning department; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to section 6-4.2(c) of the Hawaii County Charter 2006 (as amended) and section 25-2- 43(b) of the Hawaii County Code 1983 (2005 Edition, as amended), the planning director is requested to submit comments and recommendations on the proposed subdivision and zoning code amendments as set forth in the proposed bills for ordinances attached hereto as Exhibit "A" and by reference made a part hereof, or to prepare similar bills for ordinances to provide f6r a discretionary permitting process for applications for new subdivisions of seven or more lots, new planned unit developments of seven or more lots, and new cluster plan developments of seven or more lots, wherein the council reviews and makes recommendations on applications for new subdivisions consisting of seven or more lots and reviews and renders decisions on applications for new planned unit developments and cluster plan developments consisting of seven or more lots, and BE IT FURTHER RESOLVED that pursuant to section 6-4.3(c) of the Hawaii County Charter 2000 (as amended) and section 25-243(b) of the Hawaii County Code 1983 (2005 Edition, as amended), the planning commission is requested to review and transmit such proposed bills for ordinances with recommendations thereon through the mayor to the council for consideration and action; and BE IT FURTHER RESOLVED that the council requests that said proposed bills for ordinances be transmitted to the council for consideration and action within 120 days from the transmittal date of this resolution to the director; and BE IT FURTHER RESOLVED that the council shall consider said draft bills for ordinances following said 120 -day review period in order to make modifications, additions, or deletions to the subdivision and change of zone review and approval procedures, which are within the council's authorit3r as the legislative branch of the County of Hawaii; and H BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to Mayor Harry Kim, the County Planning Department, the Planning Commission, the Department of Public Works, and the Department of Water Supply. Dated at Hilo , Hawai`i, this 1st day of June , 2007. INTRODUCED BY: COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawat`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on dunt- I , 2007 ATTEST: I;J CLERK Reference: C-331.6/PC-32 RESOLUTION NO. 158 0-07 (DRAFT 2) AYES NOES ABS EX FORD X HIDA X HOFFMANN X IKEDA g JACOBSON X NAEOLE X PILAGO X YAGONG X YOSHIMOTO X 5 3 1 0 Reference: C-331.6/PC-32 RESOLUTION NO. 158 0-07 (DRAFT 2) ORDINANCE NO. STATE OF HAWAII BILL NO. AN ORDINANCE AMENDING CHAPTER 23, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO SUBDIVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The County administers and enforces various regulations to control land use, including the subdivision code and zoning code, in keeping with the goals, policies and standards of the general plan. These regulations specify what developers can and cannot do in the interest of the publie's health, safety, or welfare. The county council finds that developments proposed in a particular area should be assessed considering a number of factors, including how much public infrastructure is challenged by recent or anticipated growth in the area. The county council finds that conditions of approval should be imposed to accommodate the impacts of development of subdivisions which consist of seven or more lots, in order to manage growth and coordinate the delivery of government services in the County. SECTION 2. Chapter 23, article 4, division 1, section 23-58, Hawaii County Code 1983 (26115 edition, as amended), is amended to read as follows: "Section 23-58. Application for subdivision; plat and plans submitted by subdivider. (a) The subdivider shall submit a written application for subdivision, a preliminary plat, and other supplementary material required to de"'be the nature and objectives of the proposed subdivision, and shall submit eight copies, or more if requested by the director, of the preliminary plat and other supplementary material to the director. (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion_ (d) Application for Resort Subdivision. The subdivider may file an application for resort subdivision[ PPmay A« ., —I. .. rt: € « rt sob"siem either A filed i .. ie. tA: e..l:AN A .,. der any other preNision of this . hapter i$'....application f r n..T.diyin:..... is filed under this se , ' . which shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with the subdivision application, preliminary plat and other supplementary material, include the following: (1) A statement acknowledging that all improvements will not be approved for dedication unless and until such improvements satisfy all of the requirements for dedicable improvements. EXHIBIT A (2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified of the private nature of the improvements and maintenance responsibilities. (e) Application for Subdivision of Seven or More Lots. (1) In addition to compliance with all other requirements of this chapter, any application for a subdivision of seven or more lots (including, but not limited to resort subdivisions and large scale developments) shall be processed in the same manner as a zone change in accordance with Hawaii County Code Chapter 25 Zoning, sections 25-2-42 "Amendments initiated by property owners and other persons" and 25-2-43 "Amendments initiated by the council and director," except that the planning director shall render the decision on such applications after due consideration of recommendations from the planning commission and the county council. The council may forward a favorable or an unfavorable recommendation on the subdivision application to the planning director. The director shall not grant tentative approval of the preliminary plat without written recommendations from the council, which recommendations shall be set forth within a resolution and which may subiect thepmposed subdivision to certain conditions. The planning director shall render a decision on the subdivision application, and the director may approve or disapprove the application. If the director disapproves the subdivision application, the director shall not grant tentative approval ofthe preliminary plat as submitted and shall state the reasons for disapproval in writing to the applicant. (22) For a subdivision of seven or more lots, the council may recommend the imposition of conditions on the applicant's use of the property subject to the subdivision provided that the council finds that the conditions are: - (A) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare: or (B) Reasonably conceived to fulfill needs direcO emanating from the land use proposed with respect to: (i) Protection of the public from the potentially deleterious effects of the proposed use, or (ii) FWfithnent of the need for public service demands created by the proposed use. (3) Changes or alterations of conditions of any subdivision approval shall be processed in the same manner as a zone change, except that the planning director shall render the decision on such applications after due consideration of recommendations from the planning commission and the county council. A request for any change or alteration of conditions shall be submitted in writing to the director and referred to the commission and the council for their limitations, or any extensions thereto, may be grounds for the enactment of a council resolution recommending that the approval of the preliminary plat and any final plat expire and be of no further force or effect." SECTI©N 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included_ SECTION 5_ This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of Ist Reading_ Date of 2nd Reading: Effective Bate: SUBDIVISION AND/OR CONSOLIDATION A�1IE 7 c ►��X OF HAWAII 75-65706 KUakim Hwy. # 1 Q; EB 27 m 0 VINO IPA FENT I Kailua-Kc-tna, H1 96-7k.0 f t Ib,Lr , v o I� -t C - SUBDIVIDER: � '�, " SUBDIVIDER'S SNATURE: '^ Qy ✓ DATE: a 3 ADDRESS: 7 Utj ka ✓\t IcaiiJa- koria y r TELEPHONE NO.: 8 7 3 17 SUBDIVIDER'S INTEREST, if not recorded owner: RECORDED OWNER: 91 Ia -Lr6 �c f ,a 15 GS L L OWNER'S S ADDRESS: TELEPHONE NO.: (KQ () - 1 g) - a � 3/ ENGINEER/SURVEYOR: OTOMT_ TELEPHO r] 9674o NENO.: DESCRIPTION OF SUBDIVISION: TAX MAP KEY: 3 -a _a - d ! f - ,Oq I NO. OF LOTS AVERAGE SIZEeCLOTS: 060 SQ Fe t TOTAL ACRES: tj ZONING: THIS APPLICATION MUST BE ACCOMPANIED BY: 13 /3 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 4, Divisions 1 and 2, Chapter 23, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. The Planning Director requests an additional copy of the Final Plat be submitted as a ".dwg" or ".dxf" file prepared by CAD software. 2) Filing fee based on $250.00 plus $25.00 per lot resulting from the subdivision and/or consolidation action, exclusive of roadway or easement parcels, by check payable to the County Director of Finance. 3) Original and 5 copies of the letter of transmittal and completed application form. EXHIBIT PD:8199 (F:\wp60\forma\pd\FSubApp.wpd) 4 WITCHER ENGINEERING LLP Principal Bruce E. Witcher, P.E. February 20, 2004 Chris Yuen, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 p Consulting Civil Engineers FEB %7 .rq Q 3l Construction Managers Kail€.4a3--Kona, i Il ` i-�tj .. REM QED FEB 2 3 2004 SUBJECT: Subdivision Application of Hilolani Subdivision, Hilo, HI TMK (3)2-2-044:41 . Dear Mr. Yuen: Enclosed are twelve copies of the proposed subdivision map for a 43 -lot subdivision in Hilo. Also enclosed are the check for application review fee, the original and five copies of this letter, and the subdivision application. We recognize that there is a special flood hazard area on this property and have laid out the subdivision to minimize its impact. If you have any questions, please feel free to contact us. Sincerely, WITCHER ENG RING LLP race E. Witcher, P.E. Partner attachments 75-5751 Kuakini Hwy, Ste. 106, Kailua-Kona, Hawaii 96740 (808) 334-0322 EMAIL: bewitch®ilhawaii.net Fax: (808) 334-0831 Harry Kim Mayor March 8, 2004 � >xun fv of ttfarrxii PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Bruce E. Witcher, P.E. Witcher & Associates, Inc. 75-5751 Kuakini Highway, Suite 106 Kailua-Kona, HI 96740 Dear Mr. Witcher: PRELIMINARY PLAT MAP AND DEFER ACTION SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) Christopher J. Yuen Director Roy R. Takemoto Deputy Direcmr This is to acknowledge receipt of twelve (12) copies of the preliminary plat map (PPM) dated February 23, 2004, and filing fee of $1,325.00 for the referenced application for 43 lots. By a copy of this letter, we are forwarding the application and preliminary plat map to the listed officers for their review and comments. Please be advised that we are deferring action on the referenced application until all listed officers' comments are received. Please review the following comments where we note certain deficiencies discovered with the initial PPM submittal. These issues will need to be corrected or information supplied to clarify the matter. The PPM title block does not meet the requirements of §23-63 of the Subdivision Code. Title block information should Include the most recent lot number and subdivision name. The title block should also include any relevant land grant identification, the ahupuaa, district name, and island name. Please ensure the FPM includes the appropriate title block information., Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 2 March 8, 2004 2. The PPM shows a "Permitted House' situated on the proposed Lot 26. We find no record of any structures being situated on the subject property. Please provide documentation establishing the date of construction for this dwelling and any building permit information to document the dwelling as a permitted structure. 3. The PPM does not meet the requirements of §23-64 of the Subdivision Code with regard to existing utilities (wastewater disposal system, water meter, etc.) in connection with the "Permitted Dwelling" mentioned above. Please submit an addendum site plan showing this referenced dwelling and all related improvements with respect to all proposed lot lines in their immediate vicinity. Should you have any questions, please feel free to contact Larry Brown, Ed Cheplic, or Daryn Arai of this department at 961-8288. Sincere , CHR PHERJ.YN Planning Director LMB:Inm P:1WP6MUBDINDocumen(ASubc20041120030175HilolaniPPWEF.doc xc: Manager, DWS w/application & PPM Director, DPW w/application & PPM District Environmental Health Program Chief, DOH w/application & PPM District Engineer, DOT w/application & PPM Director, DEM w/application & PPM Hilolani Enterprises, LLC w/Receipt #3976 TMK File 2-2-44:41 PPM COMPLETENESS CHECKLIST Subdivision Appl. No. 6 3 — /75 a—a—L(e.(-:q-( IQMI I,M- • Collect background information—input to Intake Form: @'Zoning O-SLU EY�GP ❑ If Agricultural district, Soil Type (LSB Class) 13' SMA Q' -Flood Zone ❑ Historic sites ❑ Applicable exemption: ❑ Consolidation/resubdivision resulting in equal or fewer lots (§23-7) ❑ Right-of-way or public utility (§23-11) ❑ "Large scale" development (§23-13) ❑ No improvements (§23-71) ❑ Plantation subdivision (Article 9) ❑ Farm subdivision (Article 10) ❑ DHHL? Subdivider authorized Yes: All owners have signed or authorized ❑ No: Requires authorization letters or powers of attorney Lot sizes Yes: Proposed lot sizes conform with zoning ❑ No ❑ Consolidation/Resubdivision Public utility or right-of-way Other exemption: DHHL, PUD) ❑ No exemption—deny • Application fee �' Yes: Correct amount ❑ No (e.g., affordable homes, cluster, ❑ Returned application ❑ Requested difference in ACK PPM letter and continued processing • Preliminary plat map *4 Correct number of copies (at least 10) /Z Vicinity map ❑ Ownership of adjacent lots ❑ Relationship of proposed streets to surrounding streets ❑ Title block: �.so — ❑ Accurate and complete description of proposed subdivision action Date, north arrow, scale ❑ Location: TMK, Ahupuaa, District 00 $ Name and address of owner, subdivider, engineer/surveyor Z3 1.o u< (oo t "T- BIC01114KcF KHM rncz.t sY 13a`i t S. If rev WAiiKc2c` hawaii County - Account Sc Page 1 of 1 Hal Property Search Address Parcel Number Advanced Parcel Number ';22044041 Search Sear Search Enter the Parcel Number WITHOUT the island number or dashes. Click on the parcel id in the left column for details. Search for Account: 22044041 Results 11 - Parcel ID Owner Situs Address 220440410000 URAHAMA KEIKO TR NA 220440410000 URAHAMA KUSUO TR NA Results Page: ea Print This 0 Em Data Copyright Hawaii County [Disclaimer] Last Updated: 12/12/2003 Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. Hawaii County - Profile Page 1 of 1 Y Home Property Search RECORD DETAILS Owner Address Parcel Number Advanced t Parcel Data Sales Permits Land Residential Commercial Det. Structures Sketch Values Tax Bill 2003 Tax History 2002 Tax History 2001 Tax History 2000 Tax History 1999 Tax History Map 220440410000 INA NA URAHAMA KEIKO TR C Parcel Data I Site Address Ret Unit No Property Class UNIMPROVED RESIDENTIAL Zoning SGL FAMILY RES 10,000 SF Owner Owner Address City State Country Zip Code URAHAMA,KUSUO C/O HILOLANI ENTERPRISES LLC M CROLIUS 7339 PASEO CARLSBAD CA 92009 TR VERDE URAHAMA,KEIKO TR - Data Copyright Hawaii County [Disclaimer] Last Updated: 12/12/2003 Site Design Copyright 1999-2002 Akanda Group LLC. All rights reserved. 0 Ef MA\F 7 %MLHT9T a ,NJsrTER SUPPLY C 0 U %, fY OF H.2A';' A `r 345 KEKUANAO'.A STREET, SUITE e0 HILO, HAWAI-I 96720 TELE?HONE (308) 951-8050 r3 FAX (808) 961-8657 205 (JAN 27 RM 9 49 January 20, 2004 ELr"!1>4 ;' ";yT"ENT 44. Mr. Mike Crolius Hilolani Enterprises, LLC 71-1796 Pu`ulani Drive B-29 Kailua-Kona, HI 96740 SUBDIVISION APPLICATION NO. 2003-0175 TAX MAP KEY 2-2-044:041 This is to acknowledge receipt of the required $225,890.00 facilities charge balance for the subject application.' We are enclosing Receipt No. 243124 for your files. Should there be any questions, please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. Sincerely yours, Milton D. Pavao, P.E. Manager WA:sco Enc. copy ,Planning Department Mr. Steven S. C. Lim, Carlsmith Ball, LLP ()6S$08 The Department 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) harry Kim Maya' 'cR 17 yn 11. 14 County of Hawaii _i ;7 DEPARTMENT OF FINANCE - REAL PitOPERTY TAX Aupuni Center • 101 Pauahi Street • Suite 4 • Hilo, Hawaii 20-4679 a Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical(808)961-8201 .lection (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax(808)327-3538 Appraisers(808)327-3542 • Clerical(808)327-3540 - Date: 3/16/04 To: Planning Director From: Real Property Tax Office Tax Map Key: 2-2-044-041 Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ® Property is dedicated to agricultural use ❑ Possible rollback taxes ❑ There are no comments at this time William Takaba Finance Direeta Remarks: Rollback taxes shall be imposed on the subdivision of parcels into five acres or less. The dedication was effective 7/1/01. Appraiser to Contact: Carol Niimi Phone: 961-8329 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent / Amounts $ Amount includes tax, penalty, & interest up to Remarks: Real Property taxes are paid through June 30, 2004. Collection personnel to contact: Winifred Todd, Tax Clerk Phone: 961-8284 P:1MMSUBDMSUBISML20041 15MAR04SML.doc PLANNING DEPARTMENT COUNTY OF HAWAII Semi-monthly List of New Subdivision Applications Received before MARCH 15.2004 SUB 2003-0145 SUB 2003-0175 SUB 2003-0180 SUB 2003-0182 FL SUB 7772 03103/04 SUB 2004-0006 Date Re -submitted Subdivider Location TMK: No. of Lots Size of Lots County Zoning Date Re -Submitted Subdivider Location TMK: No. of Lots Size of Lots County Zoning Date Submitted Subdivider Location TMK: No. of Lots Size of Lots County Zoning Date Submitted Subdivider Location TMK: No. of Lots Size of Lots County Zoning Date Re -Submitted Subdivider Location TMK: No. of Lots Size of Lots County Zoning January 1, 2004 RICE, Amy M. Laaloa 1st, North Kona 7-7-007:013 2 1.000 & 1.023 ac. A -1a February 27, 2004 HILOLANI ENTERPRISE, LLC Waiakea, South'Hilo 2-2-044:041 43 & Road Lot 10,008 & 18,414 s.f. RS -10 December 22, 2003 WYLLIE, Allan M. Holualoa 4t^, North Kona 7-7-013:042, Lot 2' 2 15.000 s.f. RS -15 December 22, 2003 KAUPULEHU MAKAI VENTURE Waiakea, South Hilo 2-4-016:044, 045, 071 28 15,000 s.f. RS -15 February 27, 2004 LUDWIG, Jeffrey Waiakea, South Hilo 2-4-078:035 4 1.001 to 2.014 ac. A-1 a `DJN1Y DF Nqw Harry Kim Barbara Bell Mayor Director J7rF OF •N>�' Gurlfv of AhWif g "9 0 36 DEPARTMENT OF ENVIRONMEINTAL, MANAGkMP1� 25 Aupuni Street, Room 208 a Hilo, Hi aii 96,720-4252 - - I (808) 961-8083 • Fax (808) 96 :9086 MEMORANDUM Date : March 11, 2004 To : CHRISTOPHER YUEN, Planning Director From : BARBARA BELL, DirectoA SUBJECT: PRELIMINARY PLAT �,//MAPAND DEFER ACTION SUBDIVIDER: HILOLANI ENTERPRISES, LLC Prop Subd. Of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 into Lots 1-43 and Roadway Lot A Waiakea, South Hilo TMK: 2-2-044:041 (SUB 2003-0175) We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: WASTEWATER DIVISION: 6w� ( ) 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 extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( `-f SOLID WASTE DIVISION: \ZV- ( ) No comments ( X ) Commercial operations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be reused to its fullest extent. ( `�) Ample room should be provided for recycling. ( )() Greenwaste may be disposed of only at the drop sites located at the Kailua and Hilo transfer stations. o� ( ) Other: cc: SWD,WWD 5146 Harry Kim Mayor March 8, 2004 (gvu rfg of'Pttfuzut PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Bruce E. Witcher, P.E. Witcher & Associates, Inc. 75-5751 Kuakini Highway, Suite 106 Kailua-Kona, HI 96740 Dear Mr. Witcher: PRELIMINARY PLAT MAP AND DEFER ACTION SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) Christopher J. Yuen Director Roy R. Takemoto Deputy Director This is to acknowledge receipt of twelve (12) copies of the preliminary plat map (PPM) dated February 23, 2004, and filing fee of $1,325.00 for the referenced application for 43 lots. By a copy of this letter, we are forwarding the application and preliminary plat map to the listed officers for their review and comments. Please be advised that we are deferring action on the referenced application until all listed officers' comments are received. Please review the following comments where we note certain deficiencies discovered with the initial PPM submittal. These issues will need to be corrected or information supplied to clarify the matter. The PPM title block does not meet the requirements of §23-63 of the Subdivision Code. Title block information should include the most recent lot number and subdivision name. The title block should also include any relevant land grant identification, the ahupuaa, district name, and island name. Please ensure the FPM includes the appropriate title block information. f Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 2 March 8, 2004 2. The PPM shows a "Permitted House" situated on the proposed Lot 26. We find no record of any structures being situated on the subject property. Please provide documentation establishing the date of construction for this dwelling and any building permit information to document the dwelling as a permitted structure. 3. The PPM does not meet the requirements of §23-64 of the Subdivision Code with regard to existing utilities (wastewater disposal system, water meter, etc.) in connection with the "Permitted Dwelling" mentioned above. Please submit an addendum site plan showing this referenced dwelling and all related improvements with respect to all proposed lot lines in their immediate vicinity. Should you have any questions, please feel free to contact Larry Brown, Ed Cheplic, or Daryn Arai of this department at 961-8288. Sincere CHR PHERJ.YW Planning Director LMB:lnm P:1WP6aSU BDIVADocumemslSubc2004120030175HilolaniPPWEF.doc xc: Manager, DWS wlapplication & PPM Director, DPW wlapplication & PPM District Environmental Health Program Chief, DOH wlapplication & PPM District Engineer, DOT wlapplication & PPM Oirector, DEM wlapplication & PPM Hilolani Enterprises, LLC wlReceipt #3976 TMK File 2-2-44:41 b LINDA LINGLE GOVERNOR f iR,i 0 4TATE OF HAWAII D P RTMENTOFHEALTH P.O. BOX 916 1{I♦a�5, HAWAII 96721-0916 vi MEMORANDUM DATE: March 23, 2004 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Aaron A. Ueno A^ District Environmental Health Program Chief SUBJECT: Preliminary Plat Map and Defer Action Subdivider: Hololani Enterprises, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) CHIYOME L. FNKINO, M.D. DIRECTOR OF HEALTH The use of individual wastewater systems is allowed. The type and number of individual wastewater systems to be used will be determined by the wastewater rules in effect at the time of building permit application. Underground Injection Systems (Ph. 586-4258) which receive wastewater or storm run-offs from the proposed development need to address the requirements of Chapter 23, Hawaii State Department of Health Administrative Rules, Title 11, "Underground Injection Control." The Army Corps of Engineers should be contacted at (808) 438-9258 to identify whether a Federal license or permit (including a Department of Army permit) is required for this project. Pursuant to Section 401(a)(1) of the Federal Water Pollution Act (commonly known as the "Clean Water Act'), a Section 401 Water Quality Certification is required for "[ajny applicant for Federal license or permit to conduct any activity including, but not limited :s s0 Christopher J. Yuen Page 2 March 23, 2004 to, the construction or operation of facilities, which may result in any discharge into the navigable waters...... A National Pollutant Discharge Elimination System (NPDES) general permit coverage is required for the following activities: a. Storm water associated with industrial activities, as define in Title 40, Code of Federal Regulations, Sections 122.26(b)(14)(i) through 122.26(b)(14)(ix) and 122.26(b)(14)(xi); b. Construction activities, including clearing, grading, and excavations, that result in the disturbance of equal to or greater than one (1) acre of total land area. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NPDES permit is required before the commencement of the construction activities. C. Discharge of treated effluent from leaking underground storage tank remedial activities; d. Discharge of once through cooling water less than one (1) million gallons per day; e. Discharge of hydrotesting water; f. Discharge of construction dewatering effluent; g. Discharge of treated effluent from petroleum bulk stations and terminals; It. Discharge of treated effluent from well drilling activities; i. Discharge of treated effluent from recycled wateX distribution systems; j. Discharges of storm water from a small municipal separate storm sewer system; and k. Discharge of circulation water from decorative ponds or tanks. The Clean Water Branch (CWB) requires that a Notice of Intent (NOI) to be covered by a NPDES general permit for any of the above activities be submitted at least 30 days before the commencement of the respective activities. The NOI forms may be picked up at our office or downloaded from our website at hU://www.state.hi.us/doh/eh/cwb/forms/genl-index.html. The applicant may be required to apply for an individual NPDES permit if there is any type of activity in which wastewater is discharged from the project into State waters and/or coverage of the discharge(s) under the NPDES general permit(s) is not permissible. An application for the NPDES permit is to be submitted at least 180 days before the commencement of the respective activities. The NPDES application forms may also be picked up at our office or downloaded from website at httn://www.state.hi.us/doh/eh/cwb/forms/indiv-index.html. Hawaii Administrative Rules, Section 11-55-38, also requires the owner to either submit a copy of the new NOI or NPDES permit application to the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD) or demonstrate to the satisfaction of the Christopher J. Yuen Page 3 March 23, 2004 DOH that the project, activity, or site covered by the NOI or application has been or is being reviewed by SHPD. Please submit a copy of the request for review by SHPD or SHPD's determination letter for the project. If you have any questions, please contact the CWB at 586-4309. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." a. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. b. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. C. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933-0917. WORD: SUB2003-0175.my 4vk'dro WITCHER ENGINEERING LLP Principal Consulting Civil Engineers Bruce E. Witcher, P.E. Construction Managers T0: FlQnkA,17 ,er 4 ATTEMION: zQ"-r./ —31o�wv4 WE ARE TRANSMITTING THE TOEIAWING: PROJECT: 1V l , ✓'W,k-(3) z -Z -v 94:41 DATE: '50 ; �oq COPIES DATE- N0. DESCRIPTION -p-pre re /C OK w /ire 7`L1 IJJ- REMARKS: COPIES TO: 755751 Kuakini Hwy, Ste. 106, Kailua-Kona, Hawaii 96740 (808) 334-0322 �r /: ,,yt t,{ "r) epa" EMAIL: bewitch@illrawail.net Fax: (808) 334-0831 'Y I s I v I aM9 s. Ab .b r"u- Cb • m _ 9168$ aY ' AM a• �9 •b � gg I n\ •' nb F AM •y b � a �@� � F §� � 9>f \ 9• 3� 3 R( •�I I ;n.� —_-___3_____a `S3dP__e _____ - w /-------------- ---- ' —__ eeT--'vtiva—.—___--_.---__— i pp - \7-7— If _ 1 9 1 1 i, ��®9p fie" ':RS �d �w N" tis o „mss - o x ti <o t a59�j o om oo o 3 e m xx � i�8 'Y I s I v I aM9 s. Ab .b r"u- Cb • m _ 9168$ aY ' AM a• �9 •b � gg I n\ •' nb F AM •y b � a �@� � F §� � 9>f \ 9• 3� 3 R( •�I I ;n.� —_-___3_____a `S3dP__e _____ - w /-------------- ---- ' —__ eeT--'vtiva—.—___--_.---__— i pp - \7-7— If _ 1 9 1 1 i, ��®9p fie" ':RS �d DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (80'87.;8 ^P'l 5r7 fl,il Pf7 0 6 March 29, 2004 ;"NI .sem TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: SUBDIVISION APPLICATION NO. 2003-0175 APPLICANT — HILOLANI ENTERPRISES, LLC TAX MAP KEY 2-2-044.041 We have reviewed the subject application and have the following comments. Water can be made available from an existing 8 -inch waterline along Kaha`ope`a Street fronting the property in accordance with the Department's existing water availability conditions, which are subject to change without notice. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the 42 additional units requested in the proposed 43 -unit development, the required water commitment deposit is $6,300.00. Remittance by the applicant of the $6,300.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: Construct necessary water system improvements, which shall include, but not be limited to a. water mains capable of delivering water at adequate pressure and volume under peak -flow and fire -flow conditions; minimum diameter of mains shall be 6 inches from the existing 8 -inch waterline along Kaha`ope`a Street extending along Road Lot A and connecting again to the existing 8 -inch waterline along Kaha`ope`a Street, creating a looped system, b. service laterals that will accommodate the 5/8 -inch sized meters to each lot, C. subject to other agencies' requirements to construct improvements within the road Water // i$`a}DL�AN'�'J1 ... Water Uring-4 rrogre66... The Department of Water Supply is an Equal Opportunity provider and employer. To file a compiaint 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) Mr. Christopher J. Yuen, Planning Director Page 2 March 29, 2004 right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and d. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property. Submit construction plans and design calculations prepared by a professional engineer, registered in the State of Hawaii, for review and approval. Remit the prevailing facilities charge, which is subject to change, of $232,190.00, as shown below: Facilities Charge (FC): I" service for existing lot of record @ $1,190.00/lot $ 1,190.00 42 additional lots na $5,500.00 +231,000.00 Total FC $232,190.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,,prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. e WA:dfg Att. P.E. copy-(w/att.) Hilolani Enterprises, LLC (w/o att.) Mr. Bruce Witcher, P.E. (w/o att.) DWS Customer Service Sections (Hilo, Waimea, and Kona) LINDA LINGLE GOVERNOR rm 1 ? 43 U' - OFFICE OF BUSINESS SERVICES Mr. Christopher J. Yuen Planning Director County of Hawai' i 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Dear Mr. Yuen: w.W STATE OF HAWAN DEPARTMENT OF EDUCATION P.O. BOX 2360 HONOLULU, HAWAII 96804 SUBJECT: Subdivision Application for Hilolani Enterprise, LLC Subdivision Waiakea, South Hilo TMK:2-2-044:041 (SUB 2003-0175) PATRICIA HANIAMOTO SUPERINTENDENT April 1, 2004 The Department of Education (DOE) notes the application for a residential subdivision in Waiakea, South Hilo. The Hilolani subdivision would include 43 lots with RS -10 zoning which permits the building of accessory dwellings. The DOE requests that the county impose a school fair -share contribution condition if there is a general understanding that seven or more lots in the subdivision would include a second dwelling unit. That would mean the total number of residential units in the subdivision would be 50 or more. The DOE believes that 50 or more new units do generate enough students to have a significant impact on the area's schools. If second dwelling units are not permitted, as stated in the subdivision's documents, the DOE would not request the fair -share condition. The DOE requests that you include as a condition of subdivision the standard fair -share language for school facilities. Our suggested wording is: The Applicant shall contribute to the development, funding, and/or construction of school facilities, on a fair -share basis, as determined by and to the satisfaction of the Department of Education. Terms of the contribution shall be agreed upon in writing by the Applicant and the Department of Education prior to obtaining building permits for any area of development. If you have any further questions, please call me at 586-3444 or Heidi Meeker of the Facilities and Support Services Branch at 733-4862. Sincerely yours, RaeM. Loui ' Assistant Superintendent RML:mp c: Valerie Takata, CAS/Hilo, Laupahoehoe, Waiakea Complex Area AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER May -25-04 11:57 From-CARLSUITP +18083280450 T-087 P.01/04 F-004 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 945 KEKGANAQ'A STNR6T, suITB 20 NICO, KAWAI'I 94780 TRLa PNONP 14401 841-4088 • FAX (904) $81.4047 Ap4127, 2004 W. Mike Crolius Hilolani 1?arerprisos, LLC 71-1796 Pu'ulani Arive B-29 Kailoa-Kona, M 96740 BUBDMSION APPLICATION NO, 30034175 TAX MAP KEY 2-2-044:041 V MAY 14 P2:26 This is to acknowledge receipt of the required $6,300,00 water commitment doposit for the eta = application, We arc caclosing Receipt No. 240132 for your files. Pursuaut to "Rule 5 of the Departmcnt's Rules and Rcguladous," a water commitment for the proposed development in the amount of 25,200 gallons per day, or 42 additional units of water at 600 gallons par day, per tmir, is hereby granted until April 20. 2007, with ft following conditions: 1. Construct nocessary water system imptovemears, which shall include, but not be limit64 to: it, water mains capable of delivering water at adequate preasart: and volumn under p--* tlow sad )Trc-flow =stunts, romitt um 4i4mater of trains shall be 6 inches from the existing g -inch waterline along Kaha'ape'a Street extending along Road Lot A and connecting again to the existing g-incb waterline a lonvKaha'bpe'a street, creating a looped system, b, servica latauls thar will accommodate a 5/8•inch mew to each lot, C. subject to other agencies' roquiremenu to consnum improvements within the road right-of-way fronting the property a9wW by the proposed development, the applicaur shall be tasponsible for the relocatioa and adlusuaew of rho Aep=%m*at's affeetcd water system facilities, should they be necessary, and d. Are hydtaata spaced no more than 600 feet apart. On dead-end streets, the last fin hydrant shall be located at one half the distance Enter the last house ar taut fronting the propotty line or to the drive way Or access for the property. Submit installation plans prepared by 4 professional engineer, registered in the state of Hawai'i, for review ad approval.�/� ` ... water dringa progress... fie PoPeMIeP1 P1 WAWr r*M K 48 0111421 OPPP*M4V Prov14-r 41W 49WI09W To eN A 001 W 4110MI410011• W1114: USDA, P444W. 0911W 411241 F104, 944m 2211-w. WhemeP 9alwlnp,14th 4AA mwWclemm4 Avow. BW, Waoinp7a, V a do.a410.Or eea =3 TBD iw Lees am TPP) May -20-04 11:00 From-CARLSMITP +18083200460 T-067 P.02/04 F-004 Mr. Mite CT04-us Page 2 April 27, 2004 2. Remit The prevailing facilities charge balance, which is subject to change, of $225,890.00 as shown below: FACI1 IMS CHARGE (FC): IR service for existing lot of record @ $1,190.00/lot S 11190.00 42 gddWenal lots Ja 85.500.00 *231.000.00 Total FC $232,190.00 WATER COMMITMENT DEPOSIT CREDIT: 42 gd£iltloga yrgu (a) $I50,o /unit RAId ) Time 6.300.00 FC Balance $225,890.00 This is due and payable upon completion of the insTaWon of the required water system improvements and prior to final subdivision approval being granted. for your informgtiow,, water commitment deposits are credited towards the (ural facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevalling facilities charge mount; for example. when requests for time extensions continue and arc approved- LIUW the development is fmally carttpleud, These are separate and unralatcd items. In the event that water commiuntat deposits excccd the facilities charge, no ref nos are applicable. 3. Submit the appropriate documeats, properly prepared and executed, to convey the water syslcm improvetneats and necessary easements m The Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the eonvcyatrco docuateats. However, prior to waxy teeter services being $=Ted to the developuuut, or any lots within, The conveyance documents shall be accepted by the Water Board. 4. Cwnply with all otber applicable policies and rcquitetu w of U Deparumfs Rules and Regulatiom. Noncompliance may be cause ft voiding ibis water rawmUtmva;, aT which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. may -25-04 11:50 From-CARLSMIT' +18083299460 ,, T-067 P.03/04 F-904 Mr. Mike Crolius Page 3 April 27, 2004 Should there be any questions, please contact Mr. Williatu Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. Sincerely yours, MilUaa A. Davao, P,�. Manager WA:Sco µK. copy — Placating Aeparnacnt May -25-04 11:68 From-CARLSMIT' +18083290450 , T-067 P.04/04 F-904 OFFICIAL RECEIPT DEPARTMENT OF WATER SUPPLY CoUNTYOFHAII WMCAT04t4 �vft rvy',•011rl !�L9-0 /oI N0. FROMVRO \\ r' pw 11 FROM NAQWjT A"MP6N-Fn"t9'M9 M.F DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII ^m 1 � SF MEMORANDUM Date: May 11, 2004 TO: PLANNING DEPARTMENT (� FROM: DEPARTMENT OF PUBLIC WORKS SUBJECT: SUBDIVISION: 2003-0175 Subdivider: HILOLANI ENTERPRISES, LLC. Location: Waiakea, South Hilo, Hawaii TMK: 2-2-044:041 Folder No.: 22473-A We have reviewed the preliminary plat map and have the following comments: §23-99. Portions of the subdivision are located within Flood Zones AE, AE Floodway and X (Shaded) according to the current Flood Insurance Rate Map (FIRM). a. §27-20. Identify the Flood Zones AE, AE Floodway and X (Shaded) boundaries and areas on the final plat. b. §27-20. Provide adequate drainage to reduce exposure to flood damage. Provide drainage facilities and easements as necessary. c. Any improvements within the flood zone area will require a detailed flood study by a licensed civil engineer and compliance with the Federal Emergency Management Agency (FEMA) regulations. 2. §23-30. Identify other watercourses and drainage ways that are not designated as Flood Zones AE, AE Floodway and X (Shaded), and encumber with drainage easements. §23-44. Planning Department to determine the requirements for road stub outs to the subdivision boundaries. 4. The 5 -ft wide strip for Kahaopea Street widening should be dedicated to the County of Hawaii prior to final subdivision approval. County of Hawaii is an Equal Opportunity Provider and Employer Memo to Planning Department Page 2 May 11, 2004 §23-50. Roadway design/layout including allowable street grades and minimum sight distance requirements shall conform to the standards of the code. §23-43/§23-45. The centerline of the proposed subdivision road shall align with Pilipaa Street and intersect Kahaopea Street at a right angle. 7. Curves shall have a minimum 50 -ft tangent separation from Kahaopea Street. §23-50. The bulb turns along the proposed subdivision roads shall be designed in conformance with the American Association of State Highway and Transportation Officials (AASHTO)- A Policy on Geometric Design of Highway and Streets. Larger curve radii and sight distance easements may be required. 9. §23-86/§23-95. For the proposed subdivision road, construct 32 -ft wide minimum dedicable pavement with concrete curbs, gutters and sidewalks within a 50 -ft wide minimum right-of- way conforming with DPW Std Det R-32. 10. §23-79. Submit construction plans and drainage report for review and comment. a. §23-92. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned dry wells, satisfy DOH dry well requirements, including issuance of an underground injection control (UIC) permit to the subdivider. b. §23-93. Install streetlights/signs/pavement markings as required by the Traffic Division. Questions may be referred to Cres Rambayon at 961-8327. EQU 03-0105.P.wpd County of Hawaii is an Equal Opportunity Provider and Employer Harry Kim Mayor May 26, 2004 (90unfg lxf'Pafunn PLANNING DEPARTMENT 101 Pauahi Sheet, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Bruce E. Witcher, P.E. Witcher & Associates, Inc. 75-5751 Kuakini Highway, Suite 106 Kailua-Kona, HI 96740 Dear Mr. Witcher: REVISED PRELIMINARY PLAT MAP TENTATIVE APPROVAL SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) Christopher J. Yuen Director Roy R. Takemoto Deputy Director Please be informed that Tentative Approval of the revised preliminary plat map dated February 23, 2004, is hereby granted with modifications and conditions. By a copy of this letter, we are forwarding the revised preliminary plat map to the listed officers for their file. The subdivider is now authorized to prepare detailed drawings of the subdivision 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) Water System a) Provide a water system meeting with the approval of the Department of Water Supply. ,Submit water system construction plans for approval by affected agencies. c) Pay installation and facilities charges as required by the Department of Water Supply. Hawai `i County is an Equal Opportunity Provider and Employer �V*4311 JUN 01 2004 Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 2 May 26, 2004 2) Portions of the subdivision are located within Flood Zones AE, AE Floodway and X (Shaded) according to the current Flood Insurance Rate Map (FIRM). a) Identify the Flood Zones AE, AE Floodway and X (Shaded) boundaries and areas on the final plat. b) Provide adequate drainage to reduce exposure to flood damage. Provide drainage facilities and easements as necessary. c) Any improvements within the flood zone area will require a detailed flood study by a licensed civil engineer and compliance with the Federal Emergency Management Agency (FEMA) regulations. d) Identify other watercourses and drainage ways that are not designated as Flood Zones AE, AE Floodway and X (Shaded), and encumber with drainage easements. 3) Access and Roadway Improvements a) The 54 wide strip for Kahaopea Street widening should be'dedicated to the County of Hawaii prior to final subdivision approval. b) Roadway design/layout including allowable street grades and minimum sight distance requirements shall conform to the standards of the code. c) The centerline of the proposed subdivision road shall align with Pilipaa Street and intersect Kahaopea Street at aright angle. d) Curves shall have a minimum 50 -ft. tangent separation from Kahaopea Street. e) The bulb turns along the proposed subdivision roads shall be designed in conformance with the American Association of State highway and Transportation Officials (AASHTO)-A Policy on Geometric Design of Highway and Streets. Larger curve radii'and sight distance easements may be required. f) For the proposed subdivision road, construct 32 -ft. wide minimum dedicable pavement with concrete curbs, gutters and sidewalks within a 50 -ft. wide minimum right-of-way conforming to department of Public Works Standard Detail R-32. Submit construction plans and drainage report for review and comment. 1. Additional storm runoff due to development shall be disposed within the subdivision and shall not be discharged onto adjacent properties or roadways. For planned drywells, satisfy Department of Health (DOH) drywell requirements, including issuance of an underground injection control (UIC) permit to the subdivider. 2. Install streetlights/signs/pavement markings as required by the Traffic Division, Department of Public Works. h) Submit a proposed street name conforming to the adopted street naming policy of the County of Hawaii. 4) Property Tax Certification. Submit written proof that all taxes and assessments on the property are paid to date. 5) Surveyor's Certification. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 3 May 26, 2004 Final Plat Map. Submit ten (10) copies of the final plat map prepared in conformity with Chapter 23, Subdivisions, within one year from the date of tentative approval, on or before May 26, 2005. If not, tentative approval to the revised preliminary plat 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. As part of final plat map submittal, the Planning Director requests an additional copy of the final plat map be submitted as a ".dwg" or ".dxf' diskette Tile prepared by CAD software. 7) Time Limit. Subdivider shall complete all requirements specified as conditions for tentative approval of the revised preliminary plat map within three (3) years of said tentative approval, on or before May 26, 2007. An extension of not more than two (2) years may be granted by the director upon timely request of the subdivider. Please be aware that if at any time during the fulfillment of the foregoing conditions, should concerns emerge such as environmental problems or other problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date, this could be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problems. The Planning Director shall confer with the listed officers to resolve the problems 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 department. 7�,/, z CHRISTOPHER J Planning Director Y EN ETC:Inm P:1W P601SUBDIV1Documents\Subc2004-2�20030175HilolaniTA.doc Enc. - Rev. PPM (02-23-04) Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 4 May 26, 2004 xc: Manager, DWS w/Rev. PPM Director, DPW w/Rev. PPM District Environmental Health Program Chief, DOH w/Rev. PPM District Engineer, DOT w/Rev. PPM Director, DEM w/Rev. PPM Hilolani Enterprises, LLC Carlsmith Ball, LLP (Hilo Office) Carlsmith Ball, LLP (Kona Office) WITCHER ENGINEERING LLP Principal4;I pp R - Consulting Civil Engineers Bruce E. Witcher, P.E. f.EF�I tt�r p1 - fq Construction Managers GL , - V',Ikghi F T0: I'�114 � ���� PROTECT: / law < � I L X bZ 200 3 - 0/7J ATTENTION: cLr• S lz-�� Cr DATE: 4?0 oc4 ® 4 WE ARE TRANSMITTING THE FOLLOWING: COPIES DATE - No. DESCRIPTION % Zc7 SC` COPIES TO: 75-5751 Kuakini Hwy, Ste. 106, Kailua-Kona, Hawaii 96740 (808) 334-0322 061.081 EMAIL: bewitch@ilhawaii.net Fax: (808) 334-0831 CARLSMITH BALL LLP "I 3 PM 1?_ 53 Milton Pavao, Director Department of Water Supply County of Hawaii 345 Kekuanaoa Street, Suite 20 Hilo, Hawaii 96720 Bruce McClure, Director Department of Public Works County of Hawaii 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILo, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 SLIM®CARLSMITH.COM November 3, 2004 ,/Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Subdivider: Hilolani Enterprises, LLC Project: Hilolani Subdivision - SUB (2003-0175) TMK: (3)2-2-044:41 Dear Mr. Pavao, Mr. Yuen and Mr. McClure: OUR REFERENCE NO.: 056923-1 The following are the construction cost estimates for the above -referenced project, for your review and approval: Mobilization: $ 25,500.00 Site Preparation and Grading: $ 368,715.00 Drainage: $ 274,450.00 Roadway: $ 456,375.50 Waterline: $ 148,205.00 Total Bond Amount: $1,273,245.50 A detailed breakdown of the construction cost estimates, prepared by Witcher Engineering LLP, is enclosed. 061624 HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN Los ANGELES DIRECr DIAL NO. Milton Pavao, Director Department of Water Supply County of Hawaii 345 Kekuanaoa Street, Suite 20 Hilo, Hawaii 96720 Bruce McClure, Director Department of Public Works County of Hawaii 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILo, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 SLIM®CARLSMITH.COM November 3, 2004 ,/Christopher Yuen, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Re: Subdivider: Hilolani Enterprises, LLC Project: Hilolani Subdivision - SUB (2003-0175) TMK: (3)2-2-044:41 Dear Mr. Pavao, Mr. Yuen and Mr. McClure: OUR REFERENCE NO.: 056923-1 The following are the construction cost estimates for the above -referenced project, for your review and approval: Mobilization: $ 25,500.00 Site Preparation and Grading: $ 368,715.00 Drainage: $ 274,450.00 Roadway: $ 456,375.50 Waterline: $ 148,205.00 Total Bond Amount: $1,273,245.50 A detailed breakdown of the construction cost estimates, prepared by Witcher Engineering LLP, is enclosed. 061624 HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN Los ANGELES Milton Pavao, Director Christopher Yuen, Director Bruce McClure, Director November 3, 2004 Page 2 If you have any questions regarding the foregoing, please call me. Thank you for your consideration. Very truly yours, Steven SSL/lah Enclosures cc: Mr. Michael Crolius Mr. Bruce Witcher 4831-1175-8080.1 L WITCHER ENGINEERING LLP � Principal Consulting Civil Engineers Bruce E. Witcher, P.E. Construction Managers Engineer's Opinion of Probable Cost for Bonding Purposes Hilolani Subdivision, Hilo, HI TMK(3)2-2-044:41 Page 1 of 2 75-5751 Kuakini Hwy, Ste. 106, Kailua-Kona, Hawaii 96740 EMAIL: bewitch@ilhawaii.net (808) 334-0322 Fax: (808) 334-0831 Description Quantity Unit Unit Price Amount Mobilization 1 Mobilization 1 LS $8,000.00 $8,000.00 2 Construction Staking 5 Days $1,500.00 $7,500.00 3 Dust Control 1 LS $10,000.00 $10,000.00 Total $25,500.00 Site Preparation and Grading 1 Clear & Grub 13.10 Acres $1,500.00 $19,650.00 2 Mass Excavation 14598 CY $8.50 $124,083.00 3 Embankment 14752 CY $6.00 $88,512.00 4 Import Material 153 CY $4.00 $612.00 5 Lot Grading 26278 SY $3.50 $91,973.00 6 Removal of Trees from House Lots 13.10 Acres $3,350.00 $43,885.00 Total $368,715.00 Drainage 1 Catch Basin w/Drywell 10 Ea $21,255.00 $212,550.00 2 Type A Inlet Box 9 Ea $6,100.00 $54,900.00 3 Type F Inlet Box 1 Ea $7,000.00 $7,000.00 Total $274,450.00 Roadway 1 1 1'/:" Base Course @ 4" Thick 7113 SY $7.00 $49,791.00 Page 1 of 2 75-5751 Kuakini Hwy, Ste. 106, Kailua-Kona, Hawaii 96740 EMAIL: bewitch@ilhawaii.net (808) 334-0322 Fax: (808) 334-0831 Page 2 of 2 Description Quantity Unit Unit Price Amount 2 2%z" Base Course @ 6" Thick 7113 SY $8.00 $56,904.00 3 AC Paving Mix III @ 2" Thick 7113 SY $9.00 $64,017.00 4 Concrete Curb & Gutter 3717 LF $28.00 $104,076.00 5 Concrete Sidewalk wBase Course 25975 SF $6.50 $168,837.50 6 Signing & Striping I LS $7,500.00 $7,500.00 7 Centerline Monuments 7 Ea $750.00 $5,250.00 Total $456,375.50 Waterline 1 6" Waterline 1735 LF $55.00 $95,425.00 2 Fire Hydrants (Complete w/ Tee, GV and 6" DI Pipe) 3 Ea $3,000.00 $9,000.00 3 Concrete Blocks 3 Ea $100.00 $300.00 4 1 ARV 2 Ea $1,350.00 $2,700.00 5 2" Cleanouts I Ea $1,350.00 $1,350.00 6 Fittings 1 LS $1,530.00 $1,530.00 7 Type C Laterals 20 Ea $1,400.00 $28,000.00 8 Type A Laterals 2 Ea $1,100.00 $2,200.00 9 Connection to Existing Water System I Ea $4,500.00 $4,500.00 10 Chlorination & Test of 6" Waterline i LS $3,200.00 $3,200.00 Total $148,205.00 GRAND TOTAL $1,273,245.50 Page 2 of 2 Harry Kim Mayor November 4, 2004 �IIli1i�� II� ��C�tYttiT PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Bruce E. Witcher, P.E. Witcher & Associates, Inc. 75-5751 Kuakini Highway, Saite 106 Kailua-Kona, HI 96740 Dear Mr. Witcher: CONSTRUCTION PLAN TITLE SHEET TRACING APPROVAL SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) Christopher J. Yuen Director Roy R. Takemoto Deputy Director We have reviewed the subject tracing of the construction plan and found that it has met with our approval. Accordingly, we have certified the tracing and have enclosed it with this letter. Please submit appropriate sets of prints of the aforesaid tracing together with specifications to the listed officers for reference and files. Further action on the subject subdivision request shall be taken when the subdivider meets with the remaining conditions of tentative approval and completes all improvements in accordance with the approved construction plans. In lieu of actually completing the improvements to secure final subdivision approval, the subdivider may file with our department a 100% surety bond and agreement to ensure completion of all subdivision improvements. Kawai `i County is an Equal Opportunity Provider and Employer NOV 0 5 2004 Bruce E. Witcher, P.E. Witcher & Associates, Inc. Page 2 November 4, 2004 If you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, CHROingoDirector PHER J. YUEN Plan ETC:Inm PAWNS Enc: Title Sheet Tracing xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Hilolani Enterprises, LLC Carlsmith Ball, LLP (Hilo Office) Carlsmith Ball, LLP (Kona Office) DIRECT DIAL NO. Mr. Christopher Yuen Planning Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 CARLSMITH BALL LLP A LIMITED LIABILITY LAw PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILo, HAwAB 96721-0686 'nLEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSN=.COM SLIM@CARLSMITH.COM November 1, 2004 Re: Subdivider: Hilolani Enterprises, LLC Tax May Key: (3) 2-2-044:041 (SUB 2003-0175) Dear Mr. Yuen: 2141 INOU 3 Fjfl 1 3.3 r WT CA- ei OUR REFERENCE NO.: 056923-1 Pursuant to Condition 3(h) of tentative subdivision approval granted on May 26, 2004, listed below is a list of proposed street names for Hilolani's subdivision roadways for your review and approval. 1. Noelani Streeet keN4A Mki i 2. lhilani Street 3. Lokahi Street 4. Kaimi Street (alternate) Please do not hesitate to contact me should you have any questions. SSLnah Enclosure cc: Michael Crolius 4819.9672-8576.1 Very truly yours, SteveVS. Qr'j'(;j.0 HONOLULU KAPom HB.O KONA MAUI GUAM SAIPAN LOS ANGELES IR A- wawaren.tTpm T. . F- ---. I sit: kcL I'm I .. 5rce '11" :WM13 U60:80 t,002-62-100 DEPARTMENT OF PUBLIC WORKS 2d RP0AJr*JY OF HAWAII HIVO, HAWAII AVIIAi' DATE: November 9, 2004 TO: Christopher J. Yuen, Director Planning Department FROM: Department of Public Works YN SUBJECT: SUBDIVISION BOND AMOUNT Hilolani Subdivision Subdivision No.: 2003-0175 TMK: 2-2-044: 041 DPW Folder No.: 22473-A We have determined that a bond amount of $1,237,544.55 (1,125,040.50 + 10% contingency) will be sufficient to construct the subject subdivision's improvements excluding the construction of the Department of Water Supply's water system and the Department of Environmental Management's wastewater system. Prior to our approval of the bond, an agreement shall be executed between the County of Hawaii and the subdivider. Questions may be referred to Yingwei Ni at (808) 961-8327. c: CarlSmith Ball LLP Witcher Engineering LLP po- Oe,". County of Hawaii is an Equal Opportunity Provider and Employer 9) Mr. Steven S. C. Lim Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721-0686 IEQC I VE-0DEC 1 3 2� � DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-6050 • FAX (808) 961-8657 December 7, 2004 REVISED COST ESTIMATE FOR BOND AGREEMENT MLOLANI SUBDIVISION SUBDIVISION NO. 2003-0175 TAX MAP KEY 2-2-044:041 The revised estimate of $176,418.00 ($160,380.00 plus $16,038.00 for contingency) for the water system installation per the approved construction plans is acceptable for bonding purposes. The inspection fee shall be based on the estimate of $176,418.00. Therefore, the inspection fee of four tenths of one percent is $705.67 and shall be submitted prior to starting construction and/or signing a bond and agreement. When the bond documents and agreement are submitted to us, we will review the documents and verify full payment of the facilities charges (FC) and capital assessment fees (CAF) before submitting to the Manager, Department of Water Supply, for signature. After signature, the documents will be forwarded to the Planning Department. Should you have any questions, please call Mr. Lawrence Beck of our Engineering Division at 961-8070, extension 256. Sincerely yours, lton D. Pavao, P.E. Manager LEB:sco copy — Planning Department Mr. Bruce Witcher, Witcher Engineering LLP ... Water Bring -4 proyrem... The Department 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) J2004 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII COPY HILO, HAWAII DATE: November 9, 2004 TO: Christopher J. Yuen, Director Planning Department FROM: Department of Public.Works %/\i SUBJECT: SUBDIVISION BOND AMOUNT Hilolani Subdivision Subdivision No.: 2003-0175 TMK: 2-2-044: 041 DPW Folder No.: 22473-A We have determined that a bond amount of $1,237,544.55 (1,125,040.50 + 10% contingency) will be sufficient to construct the subject subdivision's improvements excluding the construction of the Department of Water Supply's water system and the Department of Environmental Management's wastewater system. Prior to our approval of the bond, an agreement shall be executed between the County of Hawaii and the subdivider. Questions may be referred to Yingwei Ni at (808) 961-8327. c: CarlSmith Ball LLP -1 Witcher Engineering LLP County of Hawaii is an Equal Opportunity Provider and Employer PATTISON LAND SURVEYING, INC. PO Box 390757 • Keauhou, Hawaii 96739-0757 THOMAS G. PATTISON Hawaii License No. 10743 Phone 327-9439 Fax 327-9443 Cell 960-4005 E-mail. tgpattison@yahoo.com TO: COUNTY OF HAWAII PLANNING RE: HILOLANI SUBDIVISION DATE: January 8th, 2005 This letter is to verify that Pattison land Surveying Inc. is under contract with HILOLANI ENTERPRISES, LLC to set the lot comers of all 43 lots within Hilolani Subdivision for a contractual agreed fee of $12,500.00 plus GET. Thom G. Pattison L.P.L.S. No. 10743 Kailua-Kona, Hawaii 96740 January 8th, 2005 3F r { 1 py Wani Enterprises LLC Left Coast Man age In ertt Services LLC ��cJc�t :c Lo ri 12' ,�'YgjN 0\11 1-1796 Pu" Lani Drive #629 SAND SUR�j I { 1 �1NC. ' ailua-Kona, Hawaii 96740 mike@gethousenow_com Thomas G. Pattison Hawaii License No. 1074.'`` P.O. Box 390757 Keauhou, Hawaii 96739-0757 Phone, (808) 322-2269—Fax (808) 322-9928 December 16th, 2004 To the Hawau Planning Department, On behalf of Hilolani Enterprises,LLC we wish to submit the HILOLANI SUBDIVI- SION for final approval, consisting of 13.099 acres, being 43 lots and a road lot, said subdivision is located in TMK(3j2-2-044:041. Sincerely, Thomas G. Pattison On behalf of Hilolani Enterprises, LLC 71-1796 Puu Lani Drive, Box 29 Kailua-Kona Drive, Box 29 Kailua-Kona, Hawaii 96740 Harry Kim Mayor January7, 2005 Thomas G. Pattison, LPLS Pattison Land Surveying, Inc. PO Box 390757 Keauhou, HI 96739-0757 Dear Mr. Pattison: FINAL PLAT MAP - ennnflr of 'Paivan PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-0175) Christopher J. Yuen Dtrecror Roy R. Takemoto Dtpury Dimcror This is to acknowledge receipt of ten (10) copies of the final plat map dated December 14, 2004, and CD-ROM of final plat map in .dwg file for the referenced application. By a copy of this letter, we are forwarding a copy of the final plat map to the listed officers for their review. Final approval shall be granted upon compliance with the remaining conditions stated in the letter of Tentative Approval dated May 26, 2004. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, 61HRODirector l �y ETC:Inm P:1WP601SUBDINDocumenMSubc2005-1\20030175HilolaniEniFPM.doc �! Hawai ri County is an Equal Opportunity Provider and Employer Oro 6', 563 JAN 1 0 2005_ Thomas G. Pattison, LPLS Pattison Land Surveying, Inc. Page 2 January 7, 2005 xc: Manager, DWS w/FPM Director, DPW w/FPM District Environmental Health Program Chief, DOH w/FPM District Engineer, DOT w/FPM Tax Maps and Records Supervisor w/CD-ROM Hilolani Enterprises, LLC .Apr -20-05 08:03am From- PA-MSON LAND SURVEYING, INC. PO Box 390757 • Keauhcu, Hawaii 96739-0757 THOMAS G. PATTISON Hawaii License No. 10743 Phone 327-9439 Fax 327-9443 Cell 960-4005 E-mail. tgpatdson a@yahoo.com TO: COUNTY OF HAWAII PLANNING RE: HILOLANI SUBDIWSION DATE: January 8th, 2005 T-440 P-01/03 F-717 This letter is to verify that Pattison land Surveying Inc. is under contract with HILOLANI ENTERPRISES, LLC to set the lot comers of all 43 lots within Hilolani Subdivision for a contractual agreed fee of $12,500.00 plus GET. Post -it` Fax Note 7671 � yv PW03► 3 Yc �{E� cJ 10. Cod°ept. Q• l� Ptlme e PhW Fr:4�1, Thom G. Patrison L.P.L.S. No. 10743 Kailua-Kona, Hawaii 96740 January 8th, 2005 -W.) Apr -20-05 03:03am From- T-440 P.02/03 F-717 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 9, 2004 TO: Christopher J. Yuen, Director Planning Department FROM: Department of Public Works YN SUBJECT: SUBDIVISION BOND AMOUNT Hilolani Subdivision Subdivision No.: 2003-0175 TMK: 2-2-044:041 DPW Folder No.: 22473-A We have determined that a bond amount of $1,237,544.55 (1,125,040.50 + 10% contingency) will be sufficient to construct the subject subdivision's improvements excluding the construction of the Department of Water Supply's water system and the Department of Environmental Management's wastewater system. Prior to our approval of the bond, an agreement shall be executed between the County of Hawaii and the subdivider. Questions may be referred to Yingwei Ni at (808) 961-8327. c: CarlSmith Ball LLP -1 Witcher Engineering LLP County of Hawaii is an Equal Opportunity Provider And Employcr - fpr -20-05 08:03am From - Mr. Steven S. C. Lim Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721-0686 T -440 P.03/03 F-717 _ ga6zV ukt;.1'�2: l DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI'l 045 KEKDANAO'A STREET, SUITE 20 • Hit -O, HAWAII 98720 TELEPHONE (8p8) 881.8060 - FAX (608) 861-6857 December 7, 2004 REVISED COST ESTIMATE FOR BOND AGREEMENT HELOLANI SUBDIVISION SUBDIVISION NO. 2003-0175 TAX MAP KEY 2-2-044:041 The revised estimate of $176,418.00 ($160,380.00 plus $16,038.00 for contingency) for the water system installation per the approved construction plans is acceptable for bonding purposes. The inspection fee shall be based on the estimate of $176,418.00. Therefore, the inspection fee of four tenths of one percent is $705.67 and shall be submitted prior to starting construction and/or signing a bond and agreement. When the bond documents and agreement are submitted to us, we will review the documents and verify full payment of the facilities charges (FC) and capital assessment fees (CAF) before submitting to the Manager, Department of Water Supply, for signature. After signature, the documents will be forwarded to the Planning Department. Should you have any questions, please call Mr. Lawrence Beck of our Engineering Division at 961-8070, extension 256. Sincerely yours, /ton Pavao, P.B. Manager LEB:s6o copy — Planning Department Mr. Bruce Witcher, Witcher ]Engineering LLP ... Water 4inp progredd... The Depanment of water Supply Is an Equal opportunity provider and employer. To file a complaint of discrimination, mite: USDA, Olramr, Of9ce of OMI Rights, Room 926-W, Whitten Building, 14th and Independence Avenue, SW, Washington no 20250-9410. Of call (202) 720-5964 (voice and TOO) CARLSMITH BALL LLP A LIMITED LIABrLITY LAW PARTNERSHIP DIRECT DIAL NO. Milton D. Pavao, P.E. Manager Department of Water Supply 345 Kekuanaoa Street, Suite 20 Hilo, Hawaii 96720 121 WAIANUENUE AVENUE R,r P.O. Box 686 :.'�i'� +!'�� 12 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935. - WWW.CARLSN=.COM LPETRYOCARLSMITH.COM January 11, 2005 Re: Hilolani Enterprises, LLC TMK: 2-2-044:041 (SUB 2003-0175) Dear Mr. Pavao: OUR REFERENCE NO.: 0569231 Pursuant to the Department of Water Supply's April 27, 2004 letter, a copy of which is enclosed, we are submitting a check payable to the Department of Water Supply in the amount of $225,890.00 which represents the facilities charge for 43 water commitments. This payment is being made in satisfaction of Condition 1(c) of the Planning Department's May 26, 2004 Tentative Approval letter. If you have any questions, please feel free to contact me at 935-6644. Very truly yours, qStev'ln S. C. Lim Enclosure(s) cc: \/ Planning Department 4835-27593728.1 06,1557 HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKOANA&A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 April 27, 2004 Mr. Mike Crolius Hilolani Enterprises, LLC 71-1796 Pu`ulani Drive B-29 Kailua-Kona, HI 96740 SUBDIVISION APPLICATION NO. 2003-0175 TAX MAP KEY 2-2-044:041 This is to acknowledge receipt of the required $6,300.00 water commitment deposit for the subject application. We are enclosing Receipt No. 240132 for your files. Pursuant to "Rule 5 of the Department's Rules and Regulations," a water commitment for the proposed r development in the amount of 25,200 gallons per day, or 42 additional units of water at 600 gallons per r- flay, per unit, is hereby granted until April 20, 2007, with the following conditions: Construct necessary water system improvements, which shall include, but not be limited to: a water mains capable of delivering water at adequate pressure and vohnme under Peak -flow and fire -flow conditions; minimum diameter of mains shall be 6 inches from the existing 8 -inch waterline along KaWdpe`a Street extending along Road Lot A and connecting again to the existing 8 -inch waterline along Kaha`ope`a Street, creating a looped system, b. service laterals that will accommodate a 5/8 -inch meter to each lot, C. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and d. fire hydrants spaced no more than 600 feet apart. On dead-end streets, the last fire hydrant shall be located at one half the distance from the last house or unit fronting the property line or to the drive way or access for the property. Submit installation plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval./ / ... 1/Uater brinya rroryread... The Department of Water Supply is an Equal Opportunity provider and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, Room 328-W, Whitten Building, 14th and Independence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (voice and TDD) Mr. Mike Crolius Page 2 April 27, 2004 Remit the prevailing facilities charge balance, which is subject to change, of $225,890.00 as shown below: FACILITIES CHARGE (FC): I" service for existing lot of record @ $1,190.00/lot $ 1,190.00 42 additional lots Ca), $5.500.00 +231,000.00 Total FC $232,190.00 WATER COMMITMENT DEPOSIT CREDIT: 42 additional units Cad $.150.00/unit paid 1 time - 6.300.00 FC Balance $225,890.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval beimg granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. 4. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Mr. Mike Crolius Page 3 April 27, 2004 Should there be any questions, please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. Sincerely yours, `"" Milton D. Pavao, P.E. Manager [+'J:11M Enc. copy — Planning Department OFFICIAL RECEIPT DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII APPLICATION NO. 6ul; TJQ' ' NO. f,�N-0�15 SERVICE DATE `/ 9-0 /o -q RECEIVED Ej.1.1,11111m, 10111 METER RATE ir�tiiii �i PENALTY I • • iiUri� imak 44- MEl� W . _�►� AV W aAARIICB. M•HHA DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII MEMORANDUM Date: January 27, 2005 TO: PLANNING DEPARTMENT FROM: DEPARTMENT OF PUBLIC WORKS (9 SUBJECT: SUBDIVISION: 2003-0175 Subdivider: HILOLANI ENTERPRISES, LLC Location: Waiakea, South Hilo, Hawaii TMK: 2-2-044:041 Folder No.: 22473-A We have reviewed the subject's final plat map and have the following comment. 1. DPW records do not show that actual construction of the required improvements (cond. no. 3 of the 5/26/04 -tentative approval) have been completed or bonded. Questions may be referred to Cres Rambayon at 961-8327. CR 03-0175.Fwpd County of Hawaii is an Fqual Opportunity Provider and Emnlover 46s&z.s Hang Kim Mayor January 20, 2005 Steven S.C. Lim, Esq. Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721-0686 Dear Mr. Lim: (90un#fir of panty ll PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Proposed Street Name SUB 2003-0175-Hilolani Subdivision Subdivider: Hilolani Enterprises, LLC TMK: 2-2-044:041• Waiakea, South Hilo, Hawaii Christopher J. Yuen Dimaar Roy R. Takemoto Deputy Dimcmr We have received your letter of November 1, 2004, submitting a list of street names for our review and approval for the Roadway Lot A in the subject subdivision. Upon careful review of the proposed subdivision and the existing roadways in its vicinity, we have determined that the proposed Road Lot A is a looped roadway having two access points off the same roadway. In addition the westerly access point off Kahaopea Street constitutes an extension of the existing Pilipa`a Street. Therefore, the appropriate name reserved for use for Roadway Lot A is "Pilipa`a Loop." "Pilipa`a" means to stick firmly, associate constantly; to live in harmony; to fit closely, tenacious. Please consult the Department of Public Works, Traffic Division for guidelines on the placement of your sign. Should you have any questions, please contact us at 961-8288. Since 1➢ /,// Planning Dire r LMB:1mn P:\WPW W60\SIREETSILETTERSVSHILO\SUB20030175HilolaniPilipaaLpLIMdoc Enc. - Map Hawai `i County is an Equal Opportunity Provider and Employer 6R JAN 2 1 2005' Steven S.C. Lim, Esq. Carlsmith Ball LLP Page 2 January 20, 2005 xc/map: DPW-ENG-HILO DPW -TRAFFIC DIVISION DWS -OPERATIONS SECTION (Toni) Civil Defense Agency Chief of Police Fire Chief Real Property Tax Division-HILO District Environmental Health Program Chief, DOH District Engineer, DOT HELCO-Engineering Dept. VERIZON HAWAII Postmaster, -Hilo Main Post Office Gale Chun, Address Management System (USPO) Office of the County Clerk, Attn: Arlene Waugh Elections Division, Office of the County Clerk GIS Section Tax Maps and Records Section Street Address Section Zoning Clerk 11 rn iIj6k3 i j it owl ro koLl M i' 5irce -� 7-:d 89Bv2v9sT8T:o1 :WObJ U60:80 6002-62-190 CARLSMITH BALL LLP DIRECr DIAL NO, VIA HAND DELIVERY Gerald A. Takase, Esq. Dept. of Corporation Counsel Hilo Lagoon Center 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 A LIMInD LIABILITY LAW PARTNERSHIP 121 WALINUENUE AVENUE P.O. Box 686 HILO, HAWAO 96721-0686 TIELEPHONE808.935.6644 FAX808.935.7975 W W W.CARLSMnH.COM SLIM@CARLSl,=.COM March 15, 2005 Re: Subdivider: Hilolani Enterprises LLC Subdivision: Hilolani Subdivision (SUB 2003-0175) TMK No. (3) 2-2-044: 041 Dedication Deed for Kahaonea Street Widening ' Dear Mr. Takase: L i OUR REFERENCE NO.: 056923-00001 We represent Hilolani Enterprises LLC, the developer of Hilolani subdivision. The County of Hawaii Planning Department granted tentative approval of the subdivision on May 26, 2004. A copy of this letter is enclosed for your reference. Condition 3(a) of the tentative approval letter requires dedication of a five -feet wide strip for Kahaopea Street widening to the County of Hawaii. Consequently, we are submitting for dedication an original Dedication Deed to the County of Hawaii dated March 14, 2005, executed by Hilolani Enterprises LLC, for the five -feet wide strip along Kahaopea Street, as described and depicted in the exhibit prepared by Thomas G. Pattison, Licensed Professional Land Surveyor. We would appreciate it if you would let us know when the Dedication Deed is placed on the County Council agenda. HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES 06'7952 Gerald A. Takase, Esq. March 15, 2005 Page 2 If you have any questions regarding the foregoing, or the enclosed Deed, please do not hesitate to contact us. Thank you for your assistance. Sincerely, CARLSMITH BALL LLP Z Steven S.C. im Enclosures cc: `County of Hawaii Planning Department Attn: Ed Cheplic Hilolani Enterprises, LLC 4839-3463-9872.1 Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96721-0686 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: HILOLANI ENTERPRISES LLC, a Hawai'i limited liability company, whose mailing address is 71-1796 Puu Lam Drive 4B29, Kailua-Kona, Hawaii 96740 GRANTEE: COUNTY OF HAWAI'I, a municipal corporation of the State of Hawai'i, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, Hawai'i 96720 TAX MAP KEY(S): (3) 2-2-044:041 (This document consists of _ pages.) 4821-0336-5376.1 DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: That HILOLANI ENTERPRISES LLC, a Hawaii limited liability company, whose mailing address is 71-1796 Pun Lani Drive #B29, Kailua-Kona, Hawai'i 96740, hereinafter called the GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, Hawai'i 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby grant, dedicate and convey unto the GRANTEE, its successors and assigns, in fee simple, forever, the following real property: All of that certain parcel of land situate at Waiakea, District of South Hilo, Island and County of Hawai'i, State of Hawai'i, as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference; TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the GRANTEE, its successors and assigns, in fee simple forever. And the GRANTOR, for itself, its successor and assigns, does hereby covenant with the GRANTEE, its successors and assigns, that it is seised in fee simple of the above-described premises; that the same is free and clear of all encumbrances, except as aforesaid; that it will, and its successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. 4821-0336-5376. 1 IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed this jA4++day of r A6u-b+ 12005. HILOLANI ENTERPRISES LLC, a Hawai'i limited liability company By: KUULEI MANAGEMENT SERVICES LLC a Hawai'i limited liability company Its Manager A M APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawai'i 4821-0336-5376. 1 Michael Its Mangy STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this 14+n day of NAA Uel, , 2005, before me personally appeared MICHAEL CROLIUS, to me personally known, who, being by me duly sworn, did say that he is the Manager of KUULEI MANAGEMENT SERVICES LLC, a Hawai'i limited liability company, which is the Manager of HILOLANI ENTERPRISES LLC, a Hawaii limited liability company, and that he executed the foregoing instrument as his free act and deed, and in the capacity shown, having been duly authorized to execute such instrument in such capacity. �v Name: 1 cnnn Notary Public,tate t awaz i My commission expires: �¢ 4821-0336-5376. 1 4 All of that certain parcel of land, being a portion of the land described in and covered by Land Patent Grant Number 13091 to Hanichi Masumoto and Chiye Masuda Masumoto, being a North portion of Lot B, Block 601, situate, lying and being at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, being a five (5) foot wide strip of land for road widening purposes, and containing an area of 3170 square feet, more or less, described as follows: Beginning at a %' iron pipe found in concrete at the Northeast corner of this parcel of land and being the Northeast comer said Lot B, Block 601. Being at the South line of Kahaopea Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9630.06 feet South and 11724.74 feet East, and running by azimuths measured from true South: 1. 355042'00" 5.00 feet along the West line of Lot A, being the East line of this tract to a point for the Southeast comer of this herein -described tract; 2. 85°42'00" 634.00 feet along the remainder of said Lot B to a point in the West line of said Lot B, for the Southwest corner of this herein -described tract; 3. 175042'00" 5.00 feet along the East line of Lot 3, being the West line of this tract to a'/° iron pipe found in concrete at the South line of said Kahaopea Street for the Northwest comer of said lot B; 4. 265042'00" 634.00 along the South line of Kahaopea Street to the point of beginning and containing an area of 3170 square feet, more or less. Description prepared by: LThoJanuary 8th, 2005No .c, 1, s G. Pattison Licensed Professional Land Surveyor Certification No. 10743 EXHIBIT A SUBJECT, HOWEVER, to the following: 1. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT: LAND PATENT GRANT NUMBER 13,091 DATED: May 25, 1956 The foregoing, includes, but is not limited to, matters relating to mineral reservations. Q "1. l iA ch 8 F n W o O d WZ 2 m N (OWNER) 9 1 1 J. NASUN070 1� r -r, (y �� O m m 6.907 ACRES E3, Mir 7MR (3) 2-2-{4:29 RS -10 DC7 ~n.,Ajj�� yy (nu. 6 2 $8+�4 N20 2Y u agn Oujwz20� u >S o . RE m Al w orc z myo ¢ z KV N au� m %$ $ 3F3 w mro o� N O O J co "d W cn O 0 W- r GQ Oui O c CU �i (LL J Cl) L p n o n r LCL/ � z - y~Urn N co 02!:E LZ I j CN 2E u d (L F- O C'e) o cE .u�' m .� u -N O. J 0 .M.. c• oQo`c` cd O [d _.. . _... _.. m W r Y t. -em mae CC cem�H OZ ::I x a ~ �o=oe��� / N co o z u ti R Q) C) a N Y P. x x i 1332i1S ` Vdilld 0. J Y 10 ID W u O G .b ai p y ui rn .Y, o �i t6 ti l6 b m u bn . W c°1. �2 z x N co 104 W aco o FZ' 'v { ° o v a g m- as p m m o Lu _ o N to w G LZ a b N 0 E O a LAINtao .� N /�/ / � FLCCDWA, / �WN UR . 34 !4 RR -1. /M:RS iM 3) P- Apr -21-05 02:23pm From- ir 1h �� Pn Cipal Bruce E. Witcher, P.E. March 19, 2004 Mr. Steve Lim, Esq. Carlsmith Ball et al P.O. Box 686 Hilo, HI 96721-0686 T-446 P-01/01 F-740 1U04 WITCHER ENGINEERING conwbig CW construction SUBJECT: Sewage Treatment and Disposafl Facilities for the Hilolani Subdivision, Waiakea Homestead House Lots, South Hilo, Hawaii TMK (3)2-2-044:61 Dear Mr. Lim: The subject subdivision will utilize on-site means of wastewater treatment and disposal as allowed under Hawaii Administrative Rules, Chapter 11-62, Subchapter 3, Section 11-62-31.1 (a) 1 which allows individual wastewater systems for developments of fifty (50) single -f uiluy residential lots or less where each lot is of a minimum 10,000 square feet. The subdivision is located in an area where u the State Department of Health will require a septic tank and absorption bed type system to service the proposed development of each lot. Design and construction of these septic tank and absorption bed systems will be per the State Department of Health regulations and be on a per lot basis. Enclosed are details typical of this type of wastewater system. In you have any questions or require additional information please contact us at (808)334-0322. Sincerely, WrrCMR Ew c LLP Partner Attachments 75-5751 Kuakini Hwy, Ste. 106, Kailua•Kona, Hawaii 96740 Witcher, P.E. Post-ite Fax Note 7671 Pate YI 10,5r Ipay ► To J From Ir Co./Dapt. ICc. Phone a ` Phone $ Fax d Fax a (808) 334-0322 Fax: (808) DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEK6ANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 April 6, 2005 09 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: SUBDIVISION IMPROVEMENTS AGREEMENT SUBDIVIDER - HILOLANI ENTERPRISES LLC HILOLANI SUBDIVISION (SUB 2003-0175) TAX MAP KEY 2-2-044:041 The agreement to allow the subject project to be secured by a Bond in the amount of $1,428,284.55 has been signed by the Manager, Department of Water Supply. The single copy of the signed agreement was picked up from our office on the morning of April 4, 2005, by Ms. Katherine Luga of Carlsmith Ball, LLP, for additional routing and signatures. Should you have any questions, please call Mr. Lawrence Beck of our Engineering Division at 961-8070, extension 256. Sincerely yours, Mil n Pavao, P.E. M lager LEB:dms \ copy — Hilolani Enterprises, LLC Ms. Katherine Luga, Carlsmith Ball, LLP (Kona Office) 068b'75 ... Water brincy6 rro�re66... The Department 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) BOND NO. 556966 S BOND C �,.-�� ("rD l7 (SUBDIVISION IMPROVEMENTS) ((�tr/)J) (L�—.."!J V HILOLANI SUBDIVISION SUBDIVISION NO. 2003-0175 KNOW ALL MEN BY THESE PRESENTS: That this Bond is signed, sealed, delivered and dated this 11 th day of March, 2005, and the following parties hereby agree to be bound as provided herein: Project: HILOLANI SUBDIVISION TMK Nos.: (3) 2-2-044:041 Waiakea, District of South Hilo, County and State of Hawaii Principal: HILOLANI ENTERPRISES LLC 71-1796 Puu Lam Drive, #B29 Kailua-Kona, Hawaii 96740 Surety: DEVELOPERS SURETY AND INDEMNITY COMPANY Five Centerpointe, Suite 530 Lake Oswego, OR 97035 Obligee: COUNTY OF HAWAII 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 The Principal and Surety are held and firmly bound onto the County of Hawaii, a municipal corporation of the State of Hawaii and/or its applicable agencies, departments, boards, commissions, officers and employees, hereinafter collectively called the Obligee, their successors and assigns for the Project in the full and just sum of ONE MILLION FOUR HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-FOUR AND 55/100 DOLLARS ($1,428,284.55) for the payment of which to the said Obligee, its successors and assigns, well and truly to be made, we do hereby bind ourselves and our respective heirs, executors and administrators, assigns and/or successors, jointly and severally firmly by these presents. 4852-4155-5968. 1 THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal, as Subdivider, has submitted for approval to the Planning Department of the County of Hawaii (hereinafter "Planning Department') copies of a preliminary plat showing the subdivision of land for the Project; and WHEREAS, the preliminary plat has been approved by the County Planning Department and thereafter construction plans showing details of road construction, drainage structures, water systems, and all other applicable utilities and improvements, proposed to be installed or constructed by the said Principal within the Project (hereinafter the "Subdivision Improvements"), have been submitted to and approved as applicable by the Planning Department, the Department of Public Works, the Department of Environmental Management, and the Department of Water Supply of the County of Hawaii, and the Sanitary Engineer of the Department of Health, State of Hawaii, which said construction plans are made a part of this Bond the same as though set forth herein; and WHEREAS, the Principal has entered into an Agreement dated March 11, 2005, with the County of Hawaii and/or its applicable agencies, departments, boards, commissions, officers and employees, concurrently with this Bond, to complete the aforementioned Subdivision Improvements within the time therein specified, or such extension as may be mutually agreed upon, and upon default, the County of Hawaii and/or its applicable agencies, departments, boards, commissions, officers and employees, may cause the same to be completed and recover the costs thereof from the Principal and Surety, which said Agreement is made part of this Bond the same as though set forth herein; and WHEREAS, the Subdivision Improvements as shown on the construction plans to be constructed and installed within the Project by the Principal have not been completed and approved by the County Planning Department; and WHEREAS, the Principal has applied to the County Planning Department for final approval of the subdivision map for recordation; 4852-4155-5968. 1 -2- NOW, THEREFORE, if the above Principal shall fully and faithfully do and perform all of the things agreed by the Principal, to be done and performed according to the terms of said Agreement and shall construct and install all of the improvements within the. Project in accordance with the construction plans therefore on or before two (2) years from the date of this Agreement, or within such time extension as may be mutually agreed upon by Obligee and Principal in writing, that upon the final approval of all the Subdivision Improvements by the County and its applicable agencies, departments, boards, commissions, officers and employees, this obligation shall be void; otherwise it shall be and remain in full force and effect. HILOLANI ENTERPRISES LLC, a Hawaii limited liability company By KUULEI MANAGEMENT SERVICES LLC, a Hawaii limited liability company Its Manager IM DEVELOPERS SURETY AND INDEMNITY COMPANY �d Its Attomey-In-Fact 4852-4155-5968.1 -3- "Principal" "Surety" STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this 14 -bl day of20 before me appeared MICHAEL CROLIUS, Manager of KUULEI MANAGEMENT SERVICES LLC, a Hawaii limited liability company, the Manager of HILOLANI ENTERPRISES LLC, a Hawaii limited liability company, and that such person executed the said instrument as the free act and deed of such person, and if applicable in the such instrument in such capacity. having been duly authorized to execute Public, State of Hawaii My commission expires: 48524155-5968. 1 -4- STATE OF HAWAII ) ss. CITY & COUNTY OF HONOLULU ) On this 11 th day of March, 2005, before me appeared personally came BRIAN K. HART to me known to be the person described in and, who, being by me, did dispose and say that he resides in Honolulu, Hawaii; that he is the Attorney -In -Fact of DEVELOPERS SURETY AND INDEMNITY COMPANY the corporation described in and which executed the attached instrument; that he knows corporate sea;; and that it was so affixed by order of the Board of Directors of the said corporation; that he signed his nae thereto by like order. Name: S kip+ Notary Public, State of Hawaii My commission expires: aiv4 ' 1 ZO 0-7 r 4852-4155-5968. 1 - 5 - POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *"*Brian K. Hart, Steven Shinohara, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Aromey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I at day of February, 2005. : CL)_�� AND By David H. Rhodes, Executive Vice -President ,•JvP.... OF' VOMPp OR S C+ �, y f4pit 41F,40 9TF 9r =� OCT. 1<= z ? OCT. 5 ° T ?a 10 cn? W1967 -0 By:A4_0_ zoo Iso..1 9 3 6 a e Walter A. Crowell, Secretary 9e •... /ow A. �.d </FOP STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1, 2005, before me, Nita,G Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 19 NtfA O. HIFFMEYER COMM. # 1543481 q � NOTARY PUBUC CAUFORMA S Signature jiir,/ ORANGE COUNTY rs My comm. mgdres Jan. to, 2009 CERTIFICATE The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the llthday of March _12005 By David L. Kerrigan, Executive Vicc-President ID -1380 (Rev. 2/05) AGREEMENT (SUBDIVISION IMPROVEMENTS) HILOLANI SUBDIVISION SUBDIVISION FILE NO. 2003-0175 THIS AGREEMENT, made, executed, and delivered this 11th day of March, 2005, by and between HILOLANI ENTERPRISES LLC, a Hawaii limited liability company, whose principal mailing address is 71-1796 Pun Lani Drive, #1329, Kailua-Kona, Hawaii 96740, hereinafter collectively called the "Subdivider" and the COUNTY OF HAWAII, whose principal place of business and mailing address is 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720, hereinafter called the "County" through its applicable agencies, departments, boards, commissions, officers and employees, WITNESSETH: WHEREAS, the Subdivider has undertaken to complete the construction of subdivision improvements and utilities (such as roads, drainage structures, sewer lines, water systems and electrical systems) (the "Subdivision Improvements") in that certain subdivision development known as: HILOLANI SUBDIVISION (Sub. No. 2003-0175) situate at Waiakea, District of South Hilo, County and State of Hawaii, Tax Map Key No. (3) 2-2-044:041. The Subdivision Improvements shall be constructed in accordance with construction plans and specifications approved by all appropriate agencies and further approved by the Planning Department of the County of Hawaii in the above -referenced Subdivision File, and by this reference made a part of this Agreement, NOW, THEREFORE, IT IS HEREBY AGREED, by and between the Subdivider and the County, that: On or before two (2) years from the date of this Agreement, or within such time extension as may be mutually agreed upon by the County and the Subdivider in writing, the Subdivider shall make, install, and complete all of the above-mentioned Subdivision Improvements in accordance with the construction plans and specifications therefor, in 4852-4155-5968. 1 accordance with the requirements and standards of the County, and to the satisfaction of the applicable governmental agencies, departments, boards, commissions, officers and employees. 2. In the event the Subdivider fails to complete all required Subdivision Improvements within the time specified hereinabove or such extension as may be mutually agreed upon in writing, or fails to timely complete or abandons the subdivision prior to final approval, or this Agreement is terminated by the County for the Subdivider's noncompliance with any provision contained in this Agreement, the County, through its applicable agencies, departments, boards, commissions, officers and employees, may complete the Subdivision Improvements and recover the full cost and expense thereof from the Subdivider. The Subdivider's obligations to complete the Subdivision Improvements as specified in this Agreement shall be secured by a good and sufficient surety bond (other than personal surety), certified check, irrevocable letter of credit, or other security acceptable to the Planning Director and approved by the Corporation Counsel, such bond or other acceptable security to be payable to the County Director of Finance, and conditioned upon the faithful performance of any and all work required to be done by the Subdivider in accordance with the provisions of this Agreement. Said bond or other acceptable security shall be no less than the sum of ONE MILLION FOUR HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-FOUR AND 55/100 DOLLARS ($1,428,284.55). 4. This Agreement may be executed in counterparts, each of which shall be deemed an original, and said counterparts together shall constitute one and the same document, binding on all parties hereto, notwithstanding that all of the parties are not signatory to the original or to the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this document, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 4852-4155-5968. 1 - 2 - RECOMMEND APPROVAL (as applicable) PLANNING DEPARTMENT By ,✓— Its Director OF WATER SUPPLY r DEPARTMENT OF PUBLIC WORKS By G . AL-- Gee . ^6 . f ' Its Director OFFICE OF ENVIRONMENTAL MANAGEMENT J3 By/ Its Manager APPROVED AS TO FO$M AND LEGAL Y 13ep fy Ifforporation Counsel Date: A -a HILOLANI ENTERPRISES LLC, a Hawaii limited liability company By KUULEI MANAGEMENT SERVICES LLC, a Hawaii limited liability company Its Manager "Subdivider" COUNTY OF HAWAII, a municipal corporation By VJJA KAErSU Its il4ayer.Mana9k9 grecW 4852-4155-5968. 1 -3 - "County" LSIGN T HERE STATE OF HAWAII ) ss. COUNTY OF HAWAII /� ) On thisJLF�. day of 20LS, before me appeared MICHAEL CROLIUS, Manager of KUULEI MANAGEMENT SERVICES LLC, a Hawaii limited liability company, the Manager of HILOLANI ENTERPRISES LLC, a Hawaii limited liability company, and that such person executed the said instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. - N 48524155-5968. 1 -4- State expires: q —s —o 7 STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this 22th day of April , 2005, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. CATV T. CORREIA Notary Public, State of Hawaii My commission expires: 10/13/06 � oTA' ,q ,,._0.-. STATE OF HAWAII COUNTY OF HAWAII On this appeared did say that he/she is the ss. day of , 20; before me personally to me personally known, who being by me duly sworn, of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed on behalf of the County of Hawaii by authority given to said of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said deed of said County of Hawaii. acknowledged said instrument to be the free act and Name: Notary Public, State of Hawaii My commission expires: 4852-4155-5968. 1 -5- Harry Kim Mayor May 6, 2005 Cnuuut of CNttfum-1 PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808)961-8288 • Fax(808)961-8742 Steven S. C. Lim, Esq. Carlsmith Ball, LLP A Limited Liability Law Partnership 121 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Lim: FINAL SUBDIVISION APPROVAL NO. 7944 SUBDIVISION AGREEMENT AND BOND SUBDIVIDER: HILOLANI ENTERPRISES, LLC Proposed Subdivision of Lot B, Block 601, Waiakea Homestead House Lots, Being Grant 13091 Into Lots 1 through 43 and Roadway Lot A Waiakea, South Hilo, Island of Hawaii, Hawaii TMK: 2-2-044:041 (SUB 2003-01751 Christopher J. Yuen Director Roy R. Takemoto Deputy Director Please be informed that final subdivision approval for recordation is hereby granted to the final plat map dated December 14, 2004, as attached herewith inasmuch as the surety documents to complete construction of improvements within the subdivision have met the approval of all the listed officers. You and the subdivider may wish to consult a surveyor for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. Hawai `i County is an Equal Opportunity Provider and Employer MAY 1 0 2005 Steven S. C. Lim, Esq. Carlsmith Ball, LLP Page 2 May 6, 2005 Copies of the certified final plat map and surety documents are enclosed. Sincerely, r-" CH I TOPHER J. YUEN Pla ning Director ETC:Inm P:1WP601SUBDMDocumendSubc20052120030175HilolaniEnTL7944.doc Encs.- 4 Certified FPM Copy of Subdivision Agreement and Bond No. 556966 S ($1,428,284.55) xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT County Treasurer w/Original Subdivision Agreement and Bond No. 556966 S ($1,428,284.55) Tax Maps and Records Supervisor I w/Certified FPM Real Property Tax Division -Hilo w/Certified FPM Hilolani Enterprises, LLC Pattison Land Surveying, Inc. Witcher Engineering, LLP tl§ 9� .3 9� 1 � 6 � cc s3 lid ® gi a �v ti s �" sa R -ru —nu su ou c �S �v � Gma G.+oro cerci mG WV �z ti m .9 x 3 THj. F 3 vp�i3 y� � Q U y T yv� I �t .n tl§ 9� .3 9� 1 � 6 � cc s3 lid o a �v ti s Q ppp o3 m c �S �v � Gma G.+oro cerci mG WV �z ti m .9 x 3 THj. F 3 vp�i3 y� � Q U y T 1 � 6 � cc s3 lid €„R R Q ppp 'y;i4 c �S Department of Transportation Highways Division Hawai'i District 50 Maka'ala Street Hilo, Hawaii 96720 May 19, 2005 HWY-H 05-2.0391 TO: PLANNING DEPARTMENT, CHRISTOPHER J. YUEN Gfri ? t ATTN: ED CHEPLIC � �j Pb% ; FROM: STANLEY TAMURA, HAWAII DISTRICT ENGINEER C� (, SUBJECT: X Subdivision 2003-0175 _ Use _ SMA _ Variance _ SLU_ Special Permit _ PUD _ Consolidation _ Rezoning Memorandum & Comments TMK. No. 2-2-037:026,027 Transmitted as follows: X We have no comments on this final subdivision approval. Not applicable to State Highway System. Comments of Letter No. HWY-H dated will stand. For review and comment to County of Hawai'i, Planning Department. With comments shown below. MORE INFORMATION NEEDED Drainage and flood patterns at existing drainage structures on State highway. Drawings showing existing driveways with dimensions. Construction plans (for review and approval). Drainage plans and calculations. Traffic Impact Analysis and Report (for review and approval). NPDES Permit or DOH Letter of Determination. ACCESS COMMENTS/CONDITIONS: Channelization of access intersection. Traffic Signalization at Street Lighting at No vehicle access, 10 -ft. planting screen easement other than at access points. Common access driveways for lots Highway Improvements required from this application shall be provided at no cost to the State and shall conform to Hawaii Statewide Uniform Design Manual for Streets and Highways and the Specifications for Installation of Miscellaneous Improvements within State Highways. Defer comments to County of Hawaii Department of Public Works. Utility Easement(s) required. Left Turn channelization lane on highways where speed limit is 45 mph or greater. OTHER COMMENTS/CONDITIONS: . No additional storm discharge shall be allowed onto the State's right-of-way. Metes and bounds discrepancy, contact State Highways. Future highway corridor will affect lots: Show control of access along highway. Shall participate in their prorata share of future highway impacts and improvements. Guardrails for all lots (lower ones) that require protection from highway traffic. Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) permit requirements. for construction activity disturbing one (1) or more acres of total land area. ADA Accessible Improvements. On site emDlovee oarkinq required - No parking on state highway. . Contact Person: Clinton M. Yamada State Highway Project No.: F-RF-011-2(13)IBL 000234 cc: rev. 6/16/04 Harry Kim Mayor July 7, 2005 ,1 1 (90aznfg II �tfirt`i DEPARTMENT OF PUBLIC WORKS AupuniCenter ., 4fliq 101 Pauahi street, suite 7 - Hilo, Hawaii 967204224 (808) 961-8321 • Fu (808) 961.8630 Hilolani Enterprises, LLC 71-1796 Puu Lani Dr. #B29 Kailua-Kona, Hi. 96740-8315 SUBJECT: Subdivision No: 2003-175 Subdivider: Hilolani Enterprises, LLC TMK: 2-2-044:041 DPW Folder No: 22473-A Bruce C. McClure Director Jiro A. Sumada Deputy Director This is to acknowledge the receipt of the subdivision inspection fee of $2,481.00 on 7/05/05 for the subject subdivision & 4 sets of construction plans received at our office. GALEN M. KUBA, Division Chief Engineering Division GMK:ly c: "Planning Dept. Hilo DPW Eng -Con Steven S.C. Lim, Esq. - Carlsmith Ball, LLP ®2163 County of Hawai'i is an Equal Opportunity Provider and Employer Harry Kim Mayor September 7, 2005 Steven S.C. Lim, Esq. Carlsmith Ball LLP P.O. Box 686 Hilo, HI 96721-0686 Dear Mr. Lim: (90unk rif pnfumfi PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (808) 961-8742 Change of Street Name SUB 7944-Hilolani Subdivision Subdivider: Hilolani Enterprises, LLC TMK: 2-2-044:041; Waiakea, South Hilo, Hawaii Christopher J. Yuen Director Roy R. Takemoto Deputy Director In response to objections raised by members of the Panaewa Community Association regarding the naming of the roadway within the subject subdivision, we have determined that Road Lot A should be assigned a different street name. The Planning Department takes responsibility for assigning the name "Pilipa`a Loop" on the basis that it aligned with Pilipa`a Street. We acknowledge that Pilipa`a Loop was not one of the names requested by the subdivider. If the subject street had been a through street rather than a loop, we would have held firm to use Pilipa`a as the street name. However, because the subject street is a loop and will never extend further, it makes sense to assign a distinct name to this loop. Therefore, from your original list of suggested street names provided with your November 1, 2004 letter, we have determined the first name listed, being "Noelani", is both acceptable and available for use in naming Road Lot A. Please consult the Department of Public Works, Traffic Division for guidelines on the placement of your sign. Hawai `i County is an Equal Opportunity Provider and Employer 'SEP 0 9 2005 Steven S.C. Lim, Esq. Carlsmith Ball LLP Page 2 September 7, 2005 Please accept our apologies for any inconvenience that you may have experienced from this change in street names. Should you have any questions, please contact us at 961-8288. Sincerely, i j_4_� C TOPHERJ.YUEN Pla ning Director LMB/RRT:Inm P:\WPWIN60\STREETS\LE1'rERSSHILO\SUB7944HilolaniNoelmdi opLIMdoc Enc. - Map xc/map: Hilolani Enterprises, LLC DPW -ENG -HILL DPW -TRAFFIC DIVISION DWS -OPERATIONS SECTION (Toni) Civil Defense Agency Chief of Police Fire Chief Real Property Tax Division-HILO District Environmental Health Program Chief, DOH District Engineer, DOT HELCO-Engineering Dept. Hawaiian Telcom Postmaster, Hilo Main Post Office Gale Chun, Address Management System (USPO) Office of the County Clerk, Attn: Arlene Waugh Elections Division, Office of the County Clerk GIS Section Tax Maps and Records Section Street Address Section Zoning Clerk xc w/o map: Pearl Haili 33 Noeau Street Hilo, HI 96720 a 30 Z ik 0 CD it 1� Fir: 2:cj 898V2i79ST8T;01 :WONJ 460:80 t7002-62-ID0 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`l 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) Je'h -,#)"-7 T? October 10, 2005 v/, { 7� J TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: SUBDIVISION APPLICATION NO. 2003-0175 APPLICANT — HILOLANI ENTERPRISES, LLC TAX MAP KEY 2-2-044:041 Please be informed that the required water system facility has been completed in accordance with approved plans. Therefore, we have no objections to release of the bond documents. Water will be granted to the subdivision upon conveyance of the water system, along with the necessary easements to the Water Board of the County of Hawaii, Hawaii. Should there be any questions, please contact Mr. William Atkins of our Water Resources and Planning Branch at 961-8070, extension 254. Sincerely yours, RIAR- Milton D. Pavao, P.E. Manager WA:sco copy - Hilolani Enterprises, LLC (/ / 006266 ... Water brinc j 19roVreii... The Department 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) Dbcayanan, Melissa From: Kim Tavares [kimtavares@yahoo.com] Sent: Thursday, August 30, 2007 3:05 PM To: planning@co.hawaii.hi.us Subject: Testimony for Planning Commission 8/31/2007 Attachments: tavares_20O7083O_pl-comm.pdf u tovares_2OO7O8 'O_pl-comm.pdf (. Greetings, Please provide copies of the attached, single -page testimony in support of the way subdivision applications are processed, to the Planning Commission prior to its meeting on Friday, August 31 2007. I apologize for the "eleventh hour" submittal. Sincerely, Kim Tavares Take the Internet to Go: Yahoo!Go puts the Internet in your pocket: mail, news, photos & more. http://mobile.yahoo.com/go?refer=IGNXIC Kim Tavares PO Box 338 — Volcano, Hawaii — 96785 kimtavares@yahoo.com / 808-985-9070 / fax 808-985-8596 DATE: 2007 August 30 TO: Planning Commissioners RE: Unfinished Business Item # 7, August 31, 2007 Meeting - Comment Greetings, In review of the upcoming Planning Commission meeting, I was inspired to comment on an item of unfinished business (Item # 7), related to subdivisions. I support the County Council recommendation to require subdivisions of seven or more lots to be processed in the same manner as a change of zone, in accordance with Chapter 25. Furthermore, I would prefer that the number of lots considered for this change be reduced from seven to three (or more). Subdividing lands, especially naturally forested and prime agricultural lands, permanently alters land use patterns. It is the first step in a slow but sure process that degrades the island's watershed and farm lands, or its ability to provide for its people. This county can not afford to lose these resources for the benefit of more homes and taxpayers existing on lands that used to provide food for people and wildlife. All the money in the world won't buy a meal when island -wide disaster strikes this county and store inventories are all gone. Farm lands and natural resources protection should be given a fair shake through a more stringent process. Please do approve this recommendation. Sincerely, Kim Tavares Fern Forest, Puna