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Home My WebLink AboutCOM 0085.000 2008-2010 NSY Os N William P. Kenoi r9'• JAG Mayor 6iy Darya S Arai • c : • Acting Planning Director arE yf•NP'f' County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Sheet, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 N G ~r December 22, 2008 On CC-D ^t rV r7~ Gt , Ms. Susan Wells Fischer a P.O. Box 44417 Kawaihae, Hawaii 96743 c~ Dear Ms. Fischer: Change of Zone Ordinance No. 07-106 (REZ 655) Applicant: Elwin F. Hussey Subject: 2008 Annual Progress Report Tax Map Key: 5-9-007:007 Thank you for the annual progress report dated December 1, 2008 as required under Condition M of Change of Zone Ordinance No. 07-106. Change of Zone Ordinance No. 07-106 was approved on August 14, 2007, which amended Ordinance No. 02-21. Condition M requires that an annual progress report be submitted prior to the anniversary date of the effective date of the zone change. Thg report shall address the status of the development and the compliance with the conditions of approval. Please resubmit and address each condition, responding to the status of each condition separately. Should you have questions; please feel welcome to contact Jeff Darrow of my staff at 961-8288. Sincerely, IRMS. AARAI Acting Planning Director \ JWD:smn PApublic\wpwin60Ueff\Letter~Annual Reports\LFischer-APR2008-REZ655.doe cc w/copy of letter:County Council Planning Commission Planning Department - West Hawaii Office S Comm, No. 0.2 Ref. To: ft~ Hawai'i County is an equal opportunity provider and employer Ref, pate _JA- Susan Wells Fischer for Keanahalululu P. 0. Box 44417 Kawaihae, Hawaii 96743 808 882-7611 December 1, 2008 page 1 of 3 Christopher J. Yuen, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Yuen: Subject: Annual Progress Report Change of Zone Ordinance No. 02 21 Ordinance No. 98 87 Ordinance No. 90 008 (Rez 655) Applicant: Elwin F. Hussey, "Keanahalululu" Tax Map Key: 5-9-07:007 We are writing to update the Planning Department on our progress toward completion of the requirements of our Change of Zone. The Public Works Department reviewed Triad Engineering revisions and updates to our construction plans. The County agencies' concerns are currently being addressed by Triad Engineering. While waiting for updated and approved construction drawings, members of Keanahalululu participated in extensive community efforts toward the recently approved North Kohala and South Kohala Community Development Plans, including work with the North Kohala infrastructure focus group to encourage so-called "green" techniques of land development to maintain Kohala's rural character. Keanahalululu is working toward implementation of the low impact style of rural infrastructure outlined in the North Kohala plan including neighborhood low speed roads with drainage down the center of pervious pavement (preventing shoulder erosion), runoff routed to sedimentation ponds, road design following the contours of the terrain (as opposed to "cookie-cutter" layout), wide grass shoulders for walkways and trees, underground utilities (additionally advantageous in hurricanes and storms, as well as emergency relief efforts), and low profile minimal street lighting." n ' 7 December 1, 2008 page 2 of 3 At the Keanahalululu job site: • Sedimentation ponds or infiltration basins, contour land planning and grading were completed several years ago. Today the benefits are evident with volunteer trees and bushes, including some native plants, thriving in fertile low spots even through periods of drought. • The roads have been graded for drainage down the road centers, with runoff routed to the infiltration / sedimentation basins. • Extensive trenching has been done throughout the project for underground utilities. Development plans include no street lighting to interfere with the night sky. • Preserves have been designated to save existing resources with sufficient area for future enhancements. Keanahalululu is dedicated to creating examples of land development designed for less impact on our environment. Thank you for your assistance through the years on our change of zone process. Sincerely, Susan Wells Fischer for Keanahalululu copy to Triad Engineering reference: North Kohala Community Development Plan, Chapter 4, Strategy 4.8: Develop and Implement Rural Infrastructure Standards December 1, 2008 page 3 of 3 North Kohala Community Development Plan, November 5, 2008 pages 84 and 85 Chapter 4 Action Programs Strategy 4.8: Develop and Implement Rural Infrastructure Standards Background The Kohala community has expressed an interest in establishing Rural Infrastructure Standards for the dual purpose of maintaining Kohala's rural character and to aid in keeping costs down for affordable housing projects. There are models of affordable underground utilities that are visually sensitive to view planes. Desirable features of rural infrastructure would include neighborhood low speed roads with drainage down the center of pervious pavement (preventing shoulder erosion), runoff routed to sedimentation ponds, road design following the contours of the terrain (as opposed to "cookie-cutter" layout), wide grass shoulders for walkways and trees, and underground utilities (additionally advantageous in hurricanes and storms, as well as emergency relief efforts), and low profile minimal street lighting. The Kohala community has expressed an interest in exploring rural infrastructure alternatives and their feasibility, cost and environmental impact. Action Steps WHO will take the lead - The County Planning Department and the County Department of Public Works WHAT needs4to be done - Develop and implement Rural Infrastructure Standards. These standards should be sensitive to both the maintenance of Kohala's rural character and to future on-going maintenance costs to the County. WHEN will actions take place - The need for Rural Infrastructure Standards is really a County-wide issue. Resolving and enacting Rural Infrastructure Standards will require a special process that should be organized after the enactment of this CDP. HOW MUCH will it cost - The County will incur some costs for the development of Rural Infrastructure Standards, including staff time, costs for community input meetings, and possibly costs for special consultants. Intended Outcome - The establishment of Rural Infrastructure Standards will help to maintain Kohala's rural character and its natural visual beauty, and will aid in keeping costs down for affordable housing projects. Mfv os p,~ William P. Kenoi Daryn S Arai Mayor Acting Planning Director County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808) 961-8742 December 22, 2008 a 0, CD Mr. Joe Vierra Belt Collins Hawaii LTD. 1 ro 2153 North King Street, Suite 200 C.l 1. Honolulu, HI 96819-4554 Dear Mr. Vierra: i Co ; 1 Change of Zone Ordinance No. 06 27 (REZ 05-000017) co Applicant: The Newton Family Limited Partnership Request: Unzoned to A-80a Subject: 2008 Annual Progress Report Tax Map Key: 2-4-8: nor. 33 This is to acknowledge receipt of your letter dated December 5, 2008, containing an annual report in compliance with Condition N of Change of Zone Ordinance No. 06 27 (REZ 0 L000017). Thank you for complying with these requirements. The next annual report ill be due on or before February 24, 2010. If you have any questions, please feel free to contact Jeff Darrow at 961-8288, ext. 259. Sincerely, DARYN S. ARAM Acting Planning Director JWD:smn P:\public\wpwi1160Veff\Letters\AnnuaI Reports\LVierra-APR2008-REZ05-017.doc cc w/ltr: •43awaii County Council Planning Department-Kona i Hawai'i County is an equal opportunity provider and employer BeltCo 'DEC@mber ,?~o08 633-3701 - 08A-374 Mr. Christopher J. Yuen Planning Director County of Hawaii Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Annual Report for Ordinance Number 06-27 Effective Date February 24, 2006 TMK 2-4-008:033 Portion The Newton Family Limited Partnership This letter constitutes the 2008 Annual Report of the Newton Family Limited Partnership (Newton) as required in Ordinance 06-27. The effective date of the Ordinance is February 24, 2006. Under Ordinance 06-27, 885.40 acres of Newton land were rezoned Honolulu from Unzoned to Agricultural (A-80a). The conditions of 06-27 are listed below with the Bangkok Newton responses below in bold italics. Bould., Guam A. The applicants, its successors or assigns shall be responsible for complying Hong Kong Manila with all of the stated conditions of approval. Seattle i i t Shenzhen Newton acknowledges the requirement to comply with the conditions Singapore of Ordinance 06-27. B. The applicants, successors or assigns shall be responsible for complying with all conditions of approval under Docket No. A99-729. Newton acknowledges the requirement to comply with conditions of the State Land Use Commission approval of Docket No. A99-729. C. The applicants, successors or assigns shall be responsible for complying with all requirements of Chapter 205, Hawai'i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. Newton acknowledges the requirement to comply with the requirements of HRS 205 regarding permitted uses in a State Agricultural District. SCANNED Bell Collins Hawaii Ltd. tl 2153 North King Street, Suite 200 • Honolulu, Hawaii 96819-4554 USA ~ T/808521 5361 . F/8085387819 • honolulu@beltcollins.com o www.beltcollins.com Mr. Christopher J. Yuen December 5, 2008 - 08A-374 Page 2 D. The required water commitment payment for seven (7) water commitments shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of this ordinance. The applicant shall construct improvements and additions, including storage, transmission waterlines, booster pumps, and distribution facilities as required by the Department of Water Supply for any additional water commitments. Newton submitted the required water payment to the Department of Water Supply within the required 90 days. Prior to accepting the payment, Water Supply has asked Newton to submit a sketch plan for the proposed water system to serve the proposed subdivision. After clarification meetings with Water Supply, Newton was advised of Water Supply's direction moving water plan sketches to time of subdivision application. A formal Water Supply response is expected. E. Final Subdivision Approval of the proposed agricultural subdivision shall be secured from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code, within five (5) years from the effective date of this ordinance. Newton acknowledges that final subdivision approval of the proposed subdivision is required by February 23, 2011, which is within 5 years of February 24, 2006. F. Access to the property shall be provided, meeting with the approval of the , i Department of Public Works. Newton acknowledges the requirement for access. Said access, meeting the requirements of the Department of Public Works, will be submitted at the time of subdivision application. G. Install street lights and traffic control devices as required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Newton acknowledges the street light and traffic control as may be required by Public Works. Said required devices, meeting the requirements of the Department of Public Works, will be submitted at the time of subdivision application. H. Restrictive covenants in the deeds of all the proposed lots within the project area shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owners of the property may also impose private Mr. Christopher J. Yuen December 5, 2008 - 08A-374 Page 3 covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State of Hawai'i Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. Newton acknowledges the requirement for restrictive covenants prohibiting second dwellings and condominium property regimes. 1. A drainage study of the project area, if required, shall be prepared for review and approval by the Department of Public Works. Drainage improvements, if required, shall be constructed in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. Newton acknowledges the potential requirement for a drainage study and drainage improvements. Required studies will be provided in accordance with Department of Public Works requirements and will be submitted at the time of subdivision application. J. All development generated runoff shall be disposed of on-site and not be directed toward any adjacent properties. Newton acknowledges the requirement to dispose on-site of any additional runoff generated by the subdivision. K,, To protect the kipuka in the area, the applicant shall leave intact large stands of native forest trees and clusters of native vegetation. Newton acknowledges the requirement to protect the kipuka on the site. L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. Newton acknowledges the requirement to stop work and report any historic sites or human burials that may be encountered during construction of subdivision improvements. M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions Mr. Christopher J. Yuen December 5, 2008 - 08A-374 Page 4 included herein shall be credited toward the requirements of the Unified Impact Fees Ordinance. Newton acknowledges that Impact Fees may, in the future, be substituted for some of the conditions in 06-27. N. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of enactment of the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. Newton acknowledges that annual progress reports are required and this letter constitutes the report for 2008. 0. Comply with all applicable County, State and Federal laws, rules, requirements and regulations. Newton acknowledges the requirement to comply with County, State and Federal rules, requirements and regulations. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director. Newton acknowledges that, in some circumstances, time extensions may be granted for performance of the conditions of Ordinance 06-27. If you have any questions or require additional information on the responses, please contact me at 1 (808) 521-5361 in Honolulu. Sincerely yours, BELT COLLINS HAWAII LTD. oe Vierra JV:gk cc: George Newton John Michael White Office of Planning, State of Hawaii