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HomeMy WebLinkAboutCOM 0875.000 1996-1998 et s William G. Davis Managing Director Stephen K. Yamashiro i• Mayor Henry Cho rye.,, +~x OVM Deputy Managing Director A ~ Cluttfv la '2Tfuzdl 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 Fax(808)961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 • Fax(808)326-5663 May 29, 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 90-008 (REZ 655) Applicant: Elwin F. Hussey Request: Extension of Time to Condition B (Secure Final Subdivision Approval) Tax Man Key: 5-9-7:7 As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action is the Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, Chen K. Y shiro Mayor LHusse0l.MAY Enclosures cc: Planning Commission REZ 655 0,11 dS7 It(f, T_Nwa rttf. frate_ JUN ) 1Qg~ Stephen K. Yamashiro ,f Mayor pWi'\ ~T~•Ui•1~1''M (91IUUfV of prduall PLANNING COMMISSION 25 Aupuni Street, Room 109 • Hilo, Hawaii %720-4252 (808) %1-8288 Fax (808) 961-91515 MAY 2 9 1998 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Ordinance No. 90-008 (REZ 655) Applicant: Elwin F. Hussey Request: Extension of Time to Condition B (Secure Final Subdivision Approval) Tax Man Key: 5-9-7:7 The Planning Commission, after a duly held public hearing on May 15, 1998, voted to recommend for your approval the proposed legislative bill for an amendment to Condition B (extension of time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 90-008, which rezoned approximately 28.832 acres of land from Agricultural (A-20a) to Agricultural (A-3a). The property is located in Kohala Estates Subdivision on the southeast side of Ala Kahua Drive and approximately 3/4 mile mauka of its intersection with the Akoni Pule Highway, Kahua, North Kohala, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant plans to subdivide the subject property into eight approximately 3-acre lots. He is requesting a three (3) year extension of time to comply with Condition B of Ordinance No. 90-008, which requires him to secure Final Subdivision Approval. The original request to change the district zoning designation for the subject property was approved by the County Council effective February 13, 1990. The Planning Director acknowledged receipt of subdivision plans in November 1991. Final Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 Plat maps were also submitted in February 1997; however, Final Subdivision Approval should have been secured by February 10, 1997. Additional time is needed to secure Final Subdivision Approval. The applicant's agent, Susan Fischer, has stated that they have received a new grading permit, and staking has been completed by the surveyors. They are also making plans for water needs for dust control and compaction. Therefore, the applicant has taken steps, and efforts have been made, to indicate that the applicant intends to complete the subdivision. Agencies had no objections in reviewing the request. Based on the above findings, the proposed amendment is not contrary to the original reasons for approving the Change of Zone. For your favorable consideration, an amendment to Ordinance No. 90 008 is transmitted. We are enclosing a copy of the request and a copy of the staff background for your information. Sincerely, Kevin M. Balog, Chairman Planning Commission LHusse02.PC Enclosures cc: Ms. Susan Wells Fischer Department of Public Works Department of Water Supply Kazu Hayashida, Director/DOT-Highways, Honolulu Susan Wells Fischer P O Box 44417 Kawaihae, Hawaii 96743 808 882-7611 February 3, 1998 Virginia Goldstein Planning Director, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Time extension request Change of Zone Ordinance No, 90-008 (REZ 655) Applicant: Elwin F. Hussey or Keanahalululu Tax Map Key: 5-9-7:7 We are writing to request an extension in time for Final Subdivision Approval. Planning Department correspondence dated March 18, 1996, required that Final Subdivision Approval be secured by February 10, 1997. While we have submitted final plat maps, we will need a time extension to reach Final Subdivision Approval. Our grade staking has been completed. We renewed our grading permit, and we are planning on beginning grading during February. Enclosed is the required filing fee of 5250. Also enclosed is a list of surrounding neighbors, located within 500', to be notified of this application within ten days of this application being filed, and again ten days prior to the scheduled hearing. Please call if there are any questions. Thank you. Sincerely, Susan Wells Fischer - ~ J of ATTACH. C-875 (5-257) Bhusw0l.ft-4/27/98 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE No. 90-008 (REZ 655) AMENDMENT TO CONDITION B (SECURE FINAL SUBDIXISION APPROVAL) Elwin F. Hussey has submitted a request for an amendment to Condition B (extension of time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 90-008, which rezoned approximately 28.832 acres of land from Agricultural (A-20) to Agricultural (A-3a). The property is located in Kohala Estates Subdivision on the southeast side of Ala Kahua Drive and approximately 3/4 mile mauka of its intersection with the Akoni Pule Highway, Kahua, North Kohala, Hawaii, TMK: 5-9-7:7. GENERAL INFORMATION 1. Landownership: The applicant is the owner of the subject property. 2. February 13, 1990: Effective date of Change of Zone Ordinance No. 90-008, which was approved by the County Council. (See Exhibit A - Change of Zone Ordinance No. 90-008) 3. May 13, 1991: A one-year administrative extension of time to Condition B (submit preliminary subdivision plans) until February 13, 1992 was granted by the Planning Director. 4. November 1, 1991: Planning Director acknowledged receipt of subdivision application with preliminary maps and filing fee. 5. February 10, 1995: Tentative Subdivision Approval secured from Planning Director. 6. February 27, 1997: Planning Director acknowledged receipt of Final Plat maps. APPLICANT'S REQUEST 7. Request: The applicant proposes to develop an 8-lot subdivision. He is requesting an extension of time for three (3) years to secure Final Subdivision Approval for the development. Based on actions by the applicant, Final Subdivision Approval should have been secured by February 10, 1997. The applicant's agent, Susan Fischer has stated that they have received a new grading permit and staking has been completed by the surveyors. They are also making plans for water needs for dust control and compaction. In addition, Final Plat Maps have also been submitted to the Planning Department. 8. Supportive Information: In support of the request, the applicant has submitted the following: (See Exhibit B - Letter dated February 3, 1998 and two letters dated February 13, 1998) STATE AND COUNTY PLANS (See Exhibit C - Original Background Report dated October 16, 1989) DESCRIPTION OF PROPERTY AND SURROUNDING AREA (See Exhibit C - Original Background Report dated October 16, 1989) PUBLIC FACIL TEES (See Exhibit C - Original Background Report dated October 16, 1989) AGENCIES' COMMENTS 9. Department of Transportation (March 12, 1998 Memo): "Thank you for your transmittal of March 2, 1998. The requested time extension would not affect our State transportation programs. We appreciate the opportunity to provide comments." 10. Department of Public Works (March 9, 1998 Memo) "We have reviewed the subject request for a time extension and have no comments. If you have any questions please contact Thomas pack in our Kona office at 327-3530. 11. Department of Water Supply: (See Exhibit D - April 1, 1998, March 4, 1997 and November 1, 1991 Memos) AGENCIES - NO RESPONSE 12. Tax Office and Department of Health. PUBLIC COMMENTS 13. The Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -2- - C COUNTY OF kWAIIESTATE HAWAII Bill No. 193 ORDINANCE NO. 90 008 AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MA211 ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO AGRICULTURAL (A-3a) AT KAHUA 1ST NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 5-9-07:7. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kahua 1st, North Kohala, Hawaii, shall be Agricultural (A-3a): Beginning at the Westernmost corner of this parcel of land, being also the Northernmost corner of Lot 13 of Land Court Consolidation 117 and running by azimuths measured clockwise from True South: Thence, following along the Southeasterly side of the exisiting roadway on a curve to the right with a radius of 660.00 feet, the chord azimuth and distance being: 1. 2450 49' 28' 476.87 feet to a point; 2. 2670 00' 37.78 feet along the Southeasterly side of an existing roadway to a point; 3. 3240 47' 2,384.25 feet along Lot 15 of Land Court Consolidation 117 to a point; EXHIBIT 4. 46° 24' 40" 505.39 feet along Hawaiian Homes Land to a point; 5. 144° 47' 2,569.29 feet along Lot 13 of Land Court Consolidation 117 to the point of beginning and I containing an area of 28.832 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of.approval; (B) Subdivision plans shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final _ subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas; (C) It shall be demonstrated to the satisfaction of the Planning Director that substantial agricultural activity is being conducted on the lots to be rezoned within three years from the date of final subdivision approval. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to -2- u n poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. Agricultural activity will be considered substantial: (1) If it provides a major source of income to the person(s) who resides an the property, or (2) If the property is dedicated for Agriculture uses in accordance with applicable Department of Finance, Real Property Tax Division's procedures. This condition shall be incorporated in each of the deeds for the proposed lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval; (D) Prior to submittal of preliminary subdivision plans, an archaeological reconnaissance survey report shall be submitted and approved by the Planning Department in consultation with the Department of Land and Natural Resources-Historic Sites Section; (E) Should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall cease and the Planning Director notified. Work within the affected area shall not resume until clearance is obtained from the Director; (F) A drainage system shall be installed in accordance with the requirements of the Department of Public Works; (G) Only one access shall be allowed to the proposed subdivision from Ala Rahua Drive. Such access shall meet with the approval of the Department of Public Works;. (H) All other applicable laws, rules, regulations and -3- , requirements shall be complied with; (I) Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (J) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, (K) An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the General Plan or Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a -4- condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension .of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. .SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUN L MEMBER COUNTY F HAWAII Hilo, Hawaii Date of Introduction: January 16, 1990 Date of 1st Reading: January 16, 1990 Date of 2nd Reading: February 7, 1990 Effective Date: February 13, 1990 -5- A-woe A-10a P P' ~O OA r~ A -a7 ~ o P x A-3a A-3a I ~QOO A~~Ca Z N A-3, ' A-moo A ? A-3e ~A-3. A-da 4C~ 24' 40" ses.~ 2C~~ eo' am.+, 304.2s '»a AGRICULTURAL (A--.?Da) To AGRICULTurt^L (A 3o) q7G 07 ARL=A ~ MS.BMZ ACr2M5 _J R•cce.ee A /3a 144~T7' r 3.'JG9.2' ALA K^HUA 71 DRIVE A-3e. O 0 A-aoa - D A-3a ` r J A-3a A~SOo n Q 3a A-wee u i -1 u A-9. I a. I 1 \ Crt'rt A-1. A-4e. vs \ AMENDMENT TO THE ZONING CODE- AM!_NDING SECTION 'M5-95 A (NORTH AND SOUTH KOHALA OtSTR1CTM ZONE MAP) ARTICLI_ 3, CHAPTER ZS (ZONING CODE) OF THe HAV4A31 COt_1NT1' CODE, BY CHANGING T'HM O15TRiCT CLASSIFICATION FROM AGTRICULT1Ji4AL (A-~Co~ To AGRICULTURAL (A-SA) AT KAHUA %S-r, NOR7-" KOHALA, HAYVAII. PR7=PARED BY = PI-ANNINQ OC-}°A1QTM~NT 1 COUNTY OIL HAWAII TMK = 5-9-07 - 7 =CT_ 17, M8ISD '.XHIBIT °AI~ v Susan Wells Fischer P O Box 44417 Kawathae, Hawaii 96743 808 882-7611 February 3, 1998 Virginia Goldstein Planning Director, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Time extension request Change of Zone Ordinance No, 90-008 (REZ 655) Applicant: Elwin F. Hussey or Keanahalululu Tax Map Key: 5-9-7:7 We are writing to request an extension in time for Final Subdivision Approval. Planning Department correspondence dated March 18, 1996, required that Final Subdivision Approval be secured by February 10, 1997. While we have submitted final plat maps, we will need a time extension to reach Final Subdivision Approval. Our grade staking has been completed. We renewed our grading permit, and we are planning on beginning grading during February. Enclosed is the required filing fee of $250. Also enclosed is a list of surrounding neighbors, located within 500', to be notified of this application within ten days of this application being filed, and again ten days prior to the scheduled hearing. Please call if there are any questions. Thank you. Sincerely, Susan Wells Fischer EXHIBIT OWNERS & ADDRESSES located within 500 feet of TMK 5 9 7 7 5 9 6 1 John Grier PO Box 1725 Honokaa, HI 96727 Irene Tang 5 9 6 39 Milton Knabusch 660 Hollywood Drive Monroe, MI 48161 5 9 6 40 Jay Paulson PO Box 2222 Kamuela, HI 96743 5 9 7 6 Bobby Nakamura 101 Puako Beach Drive Kamuela, HI 96743 Barbara Jean Gerber Jim & Wendy Williams PO Box 2289 Kamuela, HI 96743 5 9 7 8 Paul A. DeWenter Trust PO Box 44489 Kawaihae, HI 96743 5 9 7 15 James & Eva DeMetro 21727 N E Allworth Road Battle Ground, WA 98604 5 9 7 16 Reiko Mizutani PO Box 8 Ookala, HI 96774 5 9 7 17 Marie Lang GI Deepdene, S S Island Road, Deepwater Bay, Hong Kong 5 9 7 18 Henry & Pauline LeeLoy 1579 Mele Manu Street Hilo, HI 96720 5 9 7 19 Mark & Mary Jane Sperry 1221 Victoria St. Apt. 404 Honolulu, HI 96814 5 9 7 20 Stephen Rouelle PO Box 1463 Honokaa, HI 96727 Kristine Dahlquist Michael Beard PO Box 6021 Kamuela, HI 96743 5 9 8 5 & 22 Kahua Sea View, Inc. 75-5995 Kuakini Hwy #123 Kailua-Kona, HI 96740 5 9 8 6 Thomas & Mary Witthaus PO Box 6581 Kamuela, HI 96743 5 9 8 7 John Alvaro PO Box 1093 Kamuela, HI 96743 Lisa Gregg 5 9 8 13 Richard Craig Morriss PO Box 187 Kamuela, HI 96743 5 9 8 14 Thomas & Lisa O'Leary PO Box 1861 Kamuela, HI 96743 5 9 8 18 June Buechting PO Box 44377 Kawaihae, HI 96743 Harriet White 6 1 Hawaiian Home Lands 3140D Ualena Street Honolulu, HI 96819 Kahua Ranch Ltd. Notice of Application for Rezoning Time Extension Time Extension Request -filed with the County of Hawaii Planning Dept. on February 5, t 998. Change of Zone Ordinance No. 90-008 (REZ 655) Applicant: Elwin F. Hussey or Kesnahalululu Tax Map Key # 5 9 7 7 Location: Kohala Estates Lot 14, North Kohala, Hawaii Proposed use of the property: Agricultural Home sites A public hearing will be held. Owners and lessees of properties, located within 500 feet of TMK# 5 9 7 7, will be notified, ten days prior to the hearing, of the date, time and location of the public hearing. Please call: Susan Wells Fischer at 808 882-7611 with any questions. N, KOHALA ES.rATPS SJ ss $7 is if c4 AW Ste NACr 70" Aca ACA. ACi AC( Acs, Au ,7 see Y aBas Aea. t! 70 7/ 72 N~. aril aJ71 AAtr A" Aca Aeq Aca Ss ;!S" ACA tI t0 ,P 1! 17 is 4S Me" 2*970 =4.103 10.047 20.40 94332 20,4p0 I4 r 73 f2 Acs. Acs, Acs. Aar, 4es, A". AC; ttA3tr ArJ. t tJ' Sam t A.G. a7/OAn, 0 Qo? at Ad" 37 B."7 SUB so 4.3 3940 t0.1/A Am Srrr Aea AC° tr 51 Aes. K,NOA ' 7127 S4 24" Q Am see st ACA. Y As/i s• sp ~A 441L a. 7A" A yp3R Aar. ! TAUrs6 ar! 14 /S 7 .90 d" .08 907 QA.ra.3 /O US= tiros t7.Z93 4cm. Aar. Acs. Acs, 271!74 22.317 ZJ151 to my ,KR Ara. Acr Subjecf Proper Susan Wells Fischer P0Box44417 Kawaihae, Hawaii 96743 808 882-7611 February 13, 1998 Virginia Goldstein Planning Director, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Annual Progress Report Change of Zone Ordinance No. 90-008 (REZ 655) effective February 13, 1990 Applicant: Elwin F. Hussey Tax Map Key: 5-9-7:7 We are writing to update you on our progress toward fulfilling the requirements of our rezoning ordinance. We have received a new Grading Permit, #4563. The grade staking has been completed by the surveyors. We are making plans to deal with the water needs for dust control and compaction. A water meter is on site supplying water from Kohala Ranch Water Company. We are presently arranging rough grading equipment to start as soon as possible. Compliance with each condition of the ordinance is as follows: Section 2. (A) Owners are complying with the conditions of approval. (B) Feb. 10,1995 Tentative Subdivision Approval Feb. 10, 1997 Final plat maps submitted Jan. 27, 1998 Subdivision time extension until Feb. 10, 1999 (C) (2) The property is dedicated for agricultural uses with the Department of Finance, Real Property Tax Division. (D) An archaeological reconnaissance survey report was submitted, accepted by the Department of Land and Natural Resources-Historic Sites Section, and approved by the Planning Department. (E) If archaeological sites or features are uncovered, work will cease and the Planning Director notified. (F) A drainage system will soon be installed to County standards. (G) There will be only one access to the subdivision from Ala Kahua Dr. (H) All other requirements will be complied with. (I) Unified Impact Fees will apply to the project, if adopted by the council. (J) Annual progress reports are submitted to the Planning Director. (K) We have applied for all necessary time extensions. Thank you for all of your assistance. Sincerely, Susan Wells Fischer 1 .a Susan Wells Fischer P O Box 44417 Kawaihae, Hawaii 96743 808 882-7611 February 13, 1998 Virginia Goldstein Planning Director, County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Goldstein: Request for Extension of Time to comply with Condition B of Change of Zone Ordinance No. 90-008 (REZ 655) effective February 13, 1990 Applicant: Elwin F. Hussey Tax Map Key: 5-9-7:7 We are writing to provide additional information on our request to extend the time of the zoning. Change of Zone Ordinance No. 90-800 (REZ 655) included the following two conditions: (B) Subdivision plans shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final subdivision approval shall be secured within one year from the date of receipt of tentative subdivision approval... (K) ...5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action... As expressed in a March 18, 1996, letter to us from the Planning Department, "Final Subdivision Approval shall hereby be secured on or by February 10, 1997." As advised in a March 7, 1997, letter from the Planning Department, we are requesting an extension of time to perform the conditions of our ordinance. The Hawaii County Zoning Code, Chapter 25, Section 25-2-44 requires a written request, a filing fee of $250, and two notifications of surrounding neighbors, for a time extension request. For an update of the status of the subdivision , we are attaching a copy of our annual progress report, which is required by Condition J of the ordinance. We are requesting a time extension of three years to complete all of the requirements of the rezoning and the subdivision. Thank you for your time and consideration. Sincerely, Susan Wells Fischer , 2798Q-10/16/89 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELWIN F. HUSSEY CHANGE OF ZONE APPLICATION 89-9 Elwin F. Hussey is requesting a change of zone for 28.8 acres of land from an Agricultural 20-acre (A-20a) to an Agricultural 3-acre (A-3a) zoned district. The property is located along the southeast side of the Kohala Estates Subdivision main access road, approximately 3/4 mile mauka of the Akoni Pule Highway-subdivision access road intersection, Kahua, North Kohala, TMK: 5-9-07:07. REQUEST 1. The applicant intends to subdivide the 26.1-acre property into eight lots of 3+ acres in size. 2. The applicant intends to construct a single family dwelling on one of the lots and sell the remaining lots. 3. In support of the request, the applicant submitted, in part, the following: (SEE ATTACHED REASONS FOR CHANGE OF ZONE REQUEST) STATE AND COUNTY PLANS 4. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Extensive Agriculture (pasturage and grazing). 5. The subject property is situated within the State Land Use Agricultural District.. EXHIBIT a ~ 6. The North Kohala Community Development Plan (CDP) Land Use Concept Map recommends this area for Small Scale Agricultural (PUD). In the Agricultural Element of the CDP, a recommendation is to "Encourage the use of smaller scaled agricultural lots and as may be appropriate, the density transfer and agricultural cluster concept for development of appropriate agricultural lands to maintain and/or provide for greater agricultural opportunities on agriculturally zoned lands . . . . As may be appropriate to further the agricultural and alternative land use opportunities for the area, consider the use of the density transfer and agricultural concept for the Kohala Ranch and Kohala Estates area." 7. The property is situated within the County's Agricultural 20-acre (A-20a) zoned district. The A-20a zoning was adopted for this area by Ordinance No. 109 on December 6, 1967. 8. The property is not within the Special Management Area (SMA) of the County of Hawaii. DESCRIPTION OF THE PROPERTY AND SURROUNDING AREA 9. The property is part of Unit 1 of the Kohala Estates Subdivision, which was approved by the County in July of 1971 (Subdivision No. 2999). This first increment consisted of 46 lots. 10. The property is vacant of any uses. 11. According to the U.S.D.A. Soil Conservation Service's Soil Survey Report, the land is of the Kawaihae Series (KOC) which consists of somewhat excessively drained extremely stony soils that formed in volcanic ash. The surface layer is extremely stony very -2- G fine sandy loam about 2 inches thick. Below the surface layer is stony silt loam. Hard pahoehoe lava bedrock is at a depth of about 33 inches. Permeability is moderate, runoff is medium, and the erosion hazard is moderate. The soil is used mostly for pasture, wildlife habitat, and recreation areas. 12. The subject property is not classified on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) system map. 13. The Land Study Bureau's overall Master Productivity Rating for this area is E or Very Poor. 14. According to the Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the property is within Zone X (an area outside of the 500-year flood plain). 15. The property has a 6-12 percent slope. 16. The Keanahalululu Gulch runs through the property in a mauka-makai direction. 17. The area receives approximately 5-20 inches of rainfall annually. 18. The zoning desi-nation for the adjacent properties to the northeast and northwest is A-3a. The parcel to the southwest is zoned A-20a. Lands to the southeast are zoned A-40a. For the Commissioners' information, 19 lots in Kohala Estates have been rezoned to A-3a since 1985. 19. Surrounding lands are in single family residential uses, certain agricultural activities, or are vacant. -3- UTILITIES AND SERVICES 20. Access to the property will be from Ala Kahua Drive, which has an 80-foot wide right-of-way and 24-foot wide pavement. 21. Water is available from Kohala Ranch Water Company's private water system. The applicant has entered into an agreement with KRWC in which the latter will commit no more than 4,800 gallons of water per day. 22. All other essential utilities and services are available to the project site. AGENCIES' COMMENTS 23. Department of Public Works: "1. Building shall conform to all requirements of code and statutes pertaining to building construction. "2. All development generated runoff shall be disposed on site and shall not be directed toward any adjacent properties. "3. Applicant shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Dept. of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director of Health, State of Hawaii. Furthermore, should dedication of roadways including drywells be contemplated, the Dept. of Public Works -4- will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. 04. Please add our comments of 3/6/89 on the Christopher Boyles (5-9-6:19) application to this application." [SEE ATTACHED MEMORANDUM DATED 3/6/89 FROM CHIEF ENGINEER HUGH ONO] 24. Mauna Kea Soil and Water Conservation District: "We do not see any immediate problems with the judicious placement of buildings and other structures. A drainage design is necessary to mitigate the possibility of flooding, especially since subdivision into 3 acre lots is an ongoing trend in this area." 25. Department of Water Supply: (SEE MEMORANDUM DATED APRIL 3, 1989 FROM H. WILLIAM SEWAKE) 26. Real Property Tax Division: "The subject property is not now nor has it been in agricultural use and no roll back or deferred tax can or will be imposed on subdivision into parcels of 5.000 acres or less or upon conversion to a status of Urban by the State Land Use Commission or upon any change in zoning." 27. Department of Health: "Found no Environmental Health concerns with regulatory implications in the submittals." 28. Department of Land and Natural Resources: "Our Department's Historic Sites Section points out that only maps were attached to the material sent, with no descriptions of current land conditions, plans for -5- c rezoning, etc. However, our records indicate that no archaeological surveys have been done in this parcel. As we noted for several similar and recent change of zone applications for this area, if this parcel's land surface has not been severely disturbed in modern times, a few, small historic sites may be in this parcel. Such sites are likely to be trails leading up to the upland fields and associated small shelters and marker cairns. Any such sites may contain significant information considerably altered in modern times, we recommend that an archaeological survey of this parcel take place at some point in time prior to any development, so any historic sites that might be present can be identified and any significant information can be recorded.' 29. The Department of Transportation-Highways Division, Parks and Recreation, Police Department, and the Department of Education had no objections to the request. 30. The Fire Department, Department of Agriculture, and the Office of Housing and Community Development did not respond to the application. -6- •1 •AlfP .`ll rb~i o i 11 11 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII S 25 AUPUNI STREET • HILO, HAWAII 96720 N/MN TELEPHONE (808) 961-8660 FAX (808) 961-8657 April 1, 1998 TO: Planning Department FROM: Milton D. Pavao, Manager = SUBJECT: CHANGE OF ZONE ORDINANCE NO. 90-008 APPLICANT - ELWIN F. HUSSEY REQUEST: TIME EXTENSION TO CONDITION B (SECURE FINAL SUBDIVISION APPROVAL) TAX MAP KEY 5-9-007:007 (SUBDIVISION APPLICATION NO. 91-174) We have reviewed the subject request and our comments contained in our memorandums of November 7, 1991 and March 4, 1997 remain the same. We are enclosing copies of these memorandums for your information. Should there be any questions, please call our Water Resources and Planning Branch at 961-8660. Milton D. Pavao, P.E. Manager WA:gms Encs. copy - Mr. Elwin F. Hussey Wes Thomas Associates EXHIBIT / U/aier 4ingd progreM... u1 w i„, H •1f DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII X07 I.~w V1.a 25 A U PUNI STREET • H ILO, HAWAII 96720 TELEPHONE (808)969 1421 FAX (808)969 6996 November 7, 1991 TO: Planning Department FROM: H. William Sewake, Manager SUBJECT: SUBDIVISION APPLICATION NO. 91-174 OWNER/SUBDIVIDER - EDWIN F. HUSSEY TAX MAP KEY 5-9-7:7 We have reviewed the preliminary plat map for the proposed subdivision. The water system in the area is privately owned and operated. Pursuant to Section 23-84 of the Hawaii County Code regulating subdivisions, the following minimum requirements must be complied with for subdivision approval: 1. Provide a water system designed to deliver water at adequate pressure and volume under peak-flow and fire-flow conditions in accordance with the Water System Standards, State of Hawaii, and the Rules and Regulations of the Department of Water Supply. The water system shall include, but not be limited to, the installation of the necessary distribution pipeline, fire hydrants, and service laterals. 2. Submit construction plans for our review and approval. 3. Pay a fee of four-tenths of one percent of the estimated cost for the construction of the water system, but not less than $25.00, to cover the costs for plan review, testing, and inspection. Should you have any questions, please contact our Water Resources and Planning Section. Willi ewake Manager WA cc - Mr. Edwin F. Hussey Wes Thomas & Associates, ~In/c. UL~aier Irinq_f j)rogredd... ]I WI/fR ~4' Jae i1 1! DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII ?~0, Hl w025 AUPUNI STREET • HILO, HAWAII 96720 T E L E P H O N E (808) 9(&RXXAZA F A X (808) 9)6)0()6)0(9C9 961-8660 951-8657 March 4, 1997 TO: Planning Department FROM: Milton D. Pavao, Manager SUBJECT: SUBDIVISION APPLICATION NO. 91-174 APPLICANT - ELWIN F. HUSSEY TAX MAP KEY: 5-9-007:007 We have reviewed the final plat map for the proposed subdivision. Final approval is subject to the applicant complying with the requirements in our memorandum of November 7, 1991. For the applicant's information, approval of water improvement construction plans is valid for only one year. The construction plans were approved on September 12, 1995 and must be submitted for re-certification. Should there be any questions, the applicant can contact our Water Resources and Planning Branch at 961-8660. Milton Pavao, P.E. Manag WA:gms copy - Mr. Elwin F. Hussey Wes Thomas Associates, Inc. Wafer (ring] hrogre6d...