HomeMy WebLinkAboutCOM 0505.000 1992-1994 OJMtr`Of M,w
v•' ;� 7
• �i
Ste K. Yamashiro - •
AV:-S.0��
Mayor -- - •
r;:•,,141''..-
Count of Rafintii
PLANNING COMMISSION
25 Aupuni Street,Room 109 • Hilo,Hawaii 96720.4252
(808)961.8288 Fax(808)961-9615
July 21, 1993
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
County of Hawaii c-
25 Aupuni Street -;
Hilo, Hawaii 96720
Dear Chairman Schutte and Members:
Change of Zone Ordinance No. 90-9 (REZ 654)
Applicant: Joyce Arakaki (formerly Richard Arakaki)
Request: Time Extension to Condition B
Tax Map Key: 6-5-7 : 81
The Planning Commission, after a duly held public hearing on
June 17, 1993 voted to recommend for your approval the proposed
legislative bill to amend Ordinance 90-009 (extension of time to
receive final subdivision approval) which changed the zone for
approximately 26 , 962 square feet of land from an Open (0) to a
Single Family Residential - 10, 000 square foot (RS-10) zoned
district. The property is located on the west (Kohala) side of
Lindsey Road, approximately 125 feet northeast of Waimea Park,
Waimea Homesteads, South Kohala, Hawaii.
The Commission concurs with the following Planning Director's
reasons for recommending favorable consideration of the amendment
to Ordinance No. 90-009 :
In compliance with Ordinance No. 90-009, the applicant
submitted a subdivision application and was granted
tentative approval of preliminary plat maps on
September 17 , 1990. Subsequently, the applicant was granted
a one-year administrative extension of time until
September 17 , 1992 , to comply with Condition B of Ordinance
No. 90-009, due a backlog in reviewing construction plans by
the Department of Public Works. Upon completed review of
plans by the Department of Public Works, the applicant
submitted final plat maps on November 19, 1991. A second
extension of time was requested by letter dated
August 10, 1992 with reasons that the contractor would not
be able to complete required improvements by
September 17 , 1992 .
5COMM. NO. O5
-
To: Pe
Honorable Spencer K. Schutte, Chairman
and Members of the County Council
Page 2
The applicant has shown, by submitting subdivision plans,
securing tentative approval of preliminary platmapsand
submitting final plat maps, that she is proceeding with her
intentions to comply with requirements of Ordinance
No. 90-009 .
Non-performance in complying with Condition B is the result
of conditions that were beyond the control of the applicant
and has not been the result of her fault or negligence.
Further, the granting of this time extension for an
additional year would not be contrary to the general plan,
zoning code or the original reasons for granting this change
of zone.
For your favorable consideration, an amendment to Section 25-95E,
the Lalamilo-Puukapu Zone Map, of the County Zoning Code is
transmitted.
We are enclosing a copy of the application and a copy of the
staff background for your information.
Sincerely,
/ 'K /
Donald L. Manalili, Chairman
Planning Commission
RKN: j dk
LAraka02.PC
Enclosures
811 ill
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Mr. Ron Arakaki
Ms. Joyce Arakaki
Department of Public Works
Department of Water Supply
West Hawaii Office
Plan Approval Section
Subdivision Section
•
_4,,
CT tHANGSUBJE. BARAKA0I.SKG-6/7/93
COUNTY OF HAWAII PLANNING DEPARTMENT
'BACKGROUND REPORT
JOYCE ARAKAKI (formerly Richard Arakaki)
CHANGE OF ZONE ORDINANCE NO. 90-009 (REZ 654)
TIME EXTENSION TO CONDITION B (SECURE FINAL SUBDIVISION APPROVAL)
JOYCE ARAKAKI (formerly Richard Arakaki), is requesting to amend
Condition B of Ordinance No. 90-009 (extension of time to receive final subdivision
approval) which changed the zone for approximately 26,962 square feet of land
from an Open (0) to a Single-Family Residential-10,000 square foot (RS-10) zoned
district. The property is located on the west side of Lindsey Road, approximately
125 feet northeast of Waimea Park, Waimea Homesteads, South Kohala,
TMK: 6-5-7:81 .
CHRONOLOGY
1 . Ordinance No. 90-009 (attached): Effective February 13, 1990; rezoning
26,962 sq. ft. lot from 0 to RS-10.
2. Subdivision Application and Tentative Plans submitted: In compliance with
Ordinance No. 90-009, submitted within one year of effective date of
Ordinance, on July 24, 1990.
3. Tentative Approval of Preliminary Plat Granted: September 17, 1990.
4. Request for One-Year Administrative Extension of Time to Comply with
Condition B (Secure Final Subdivision Approval): By letter dated
August 29, 1991 to Planning Director from Daniel Miyasato; reasons being
that Department of Public Works' backlog delays reviewing of construction
plans and unable to secure Final Subdivision Approval by
September 17, 1991, as required by Ordinance No. 90-009.
5. One-Year Administrative Extension Granted: By letter dated
October 8, 1991 to Ron Arakaki from Planning Director; one year extension
granted until September 17, 1992 for Condition B of Ordinance No. 90-009
and Condition No. 11 of Tentative Subdivision Approval letter.
6. Final Plat Maps Submitted: By letter dated November 19, 1991 to Planning
Director from Daniel S. Miyasato.
REQUEST
7. Request: Extension of Time to Condition B of Change of Zone Ordinance
90-009, which states:
"B. Subdivision plans shall be submitted within one year from the
effective date of the zone change. Final subdivision approval shall be
secured within one year from the date of receipt of tentative
subdivision approval."
Effective date of rezoning was February 13, 1990. Applicant
complied with first half of Condition B by submitting subdivision
application on July 24, 1990.
8. Reasons for Request: By letter dated August 10, 1992 from Ron Arakaki;
applicant found that contractors were not interested in their development,
-2-
4
•
nevertheless, they did find a contractor to construct certain improvements to
handle the drainage. However, work could not be completed by the
September 17, 1992 deadline (see attached letter from Ron Arakaki).
AGENCIES - NO COMMENTS/OBJECTIONS:
9. Waimea-Kawaihae Community Association, Mauna Kea Soil and Water
Conservation Service District, Department of Health, Department of Public
Works, Real Property Tax Office, and Department of Water Supply.
-3-
August 10, 1992
Planning Department
County of Hawaii
11
25 Aupuni Street, room 109 72
i"l t r
Hilo, Hawaii 96720
Attention: Mr. Daryn Arai G C U N :~'; t.
RE: Arakaki Subdivision
Subdivision No. 90-126 (R654)
Waimea, South Kohala, Hawaii
T.M.K. 6-5-07:26 & 81
Folder No. 65130-A
Dear Mr. Arai:
This letter refers to the pending Arakaki Subdivision which is a 2-lot
subdivision. My mother Joyce Arakaki is the owner of the land. I am writing
this letter on her behalf.
The purpose of this letter is to request a one-year extension to obtain
final subdivision approval. The status of the subdivision is as follows:
1. The subdivision will be comprised of two lots.
2. Our attorney has been working with Casey Yanagihara in the Department of
Public Works to finalize an agreement whereby the County will be indemnified
and held harmless from claims caused by the approval of the subdivision. The
agreement will take the form of a "Declaration of Covenants" which will
run with title to the two lots in the subdivision. We are awaiting Mr.
Yanagihara's comments to the Declaration.
3. The Ordinance No. 90-126 requires the construction of certain improvements
to handle the drainage. Because the subdivision will be comprised of
only two lots, it seemed that contractors were not all that interested in
such a small subdivision. Nevertheless, we were able to find a contractor
to do the work. However, he will not be able to complete the work by
September 17, 1992.
We are requesting that the time to obtain final approval be extended for
one more year from September 17, 1992 to September 17, 1993. Enclosed is
a check for $100 to cover the filling fee. If you have any questions, please
call me collect at 841-8739 in Honolulu, Hawaii.
Very truly yours,
Joyce:Arakaki
by: Ron Arakaki
• 7 r►
OF HAWAII. . 'L:;.STATE OF HAWAII
COUNTY ...�...�.
Bill No. 194
ORDINANCE NO.
90 OOH
AN ORDINANCE AMENDING SECTION 25-95E (LALAMILO-PUUKAPU ZONE
MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY
CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) TO
SINGLE FAMILY RESIDENTIAL (RS-I0) AT WAIMEA, SOUTH KOHALA,
HAWAII, COVERED BY TAX MAP KEY 6-5-07:81.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 25-95E, 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 Waimea, South Kohala, Hawaii shall be Single
Family Residential (RS-10) :
Beginning at a pipe at the East corner of this parcel of
land, the coordinates of which referred to Government
Survey Triangulation Station "WEST BASE" being
1, 052. 05 feet South and 3, 430. 24 feet West and running by
azimuths measured clockwise from True South:
1. 52° 46 ' 30" 250 . 51 feet along remainder of
Grant 6295 to John
Lindsey, Jr. to a pipe;
2. 114° 20 ' 7. 00 feet along Grant 6302 to
Kamaki Lindsey to a pipe;
3. 187° 30 ' 190 . 90 feet along Grant 6296 to
John Lindsey to a pipe;
4 . 235° 09 ' 125 . 28 feet along Grant 6874 to
Tama Yamaguchi to a pipe ;
5 . 325° 09 ' 13 6 . 71 feet along remainder of
Grant 6295 to John
Lindsey, Jr . to the point
of beginning and
containing an area of
26, 962 square feet .
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 are
conditioned upon the following: (A) The applicant, successors,
or assigns shall be responsible for complying with all of the
stated conditions of approval; (B) Subdivision plans shall be
submitted within one year from the effective date of the zone
change. Final subdivision approval shall be secured within one
year from the date of receipt of tentative subdivision
approval; (C) A drainage system meeting with the approval of
the Department of Public Works shall be installed, including
the following requirements: 1) All of the improvements
delineated on the construction plans prepared by the
applicant ' s consulting engineer dated November 14 , 1988 , and
revised on Januray 20, 1989 , shall be constructed prior to
receipt of final subdivision approval; 2) The drainage swales
and retention basin on the proposed lots be encumbered by
drainage easements and denoted on the final subdivision plat
map; 3) A deed covenant be recorded with the State Bureau of
Conveyances prior to receipt of final subdivision approval
advising the potential lot owners that maintenance of any
drywell and retention basin on the property should be the lot
► -2-
A
0
owner ' s responsiblity in perpetuity. Said deed covenant shall
be reviewed by the Department of Public Works , Corporation
Counsel, and Planning• Department prior to recordation; 4 ) The
final floor elevation for allhabitable rooms of dwellings on
the proposed lots shall be a minimum of 96 feet as referenced
on the previously mentioned construction plans; 5) Provide
off-site improvements which include the construction of an
earth swale extending within the existing drainage easements
through TNS{ parcels 6-5-7: 78 , 79 , and 80 prior to receipt of
final subdivision approval; and 6) Construct a roadway shoulder
swale alongside Lindsey Road to 'enhance and maintain the
general direction of historic and natural storm flow towards
the drainage 'easement earth swales and proposed new ponding
basin as shown on the aforementioned construction plans .
Further, the applicant shall indemnify and hold the County
harmless from and against any and all liability, loss , or
damage the County may suffer as a result of any claim, demand,
suit, costs , or judgment for personal injury or property damage
against the County by reason of the devlopment of or the
drainage facilities within the subject property, including but
not limited to any claim, demand, suit, costs , or judgment by
reason of the County' s approval of the subdivision plans for
the subject property or the County' s approval of the
improvements constructed. within the subject property; (D) A
single family dwelling shall be constructed on one of the
-3-
4 •
proposed lots within three years from the date of receipt of
Final Subdivision approval; (E) As required by Ordinance
No . 831, the applicant shall participate in the paving of
Lindsey Road to a width of twenty! feet from the Lindsey
Road-Kawaihae Road intersection to the northwestern end of the
subject property meeting with the approval of the Chief
Engineer prior to the issuance of final subdivision approval .
Participation shall be in the form of roadway improvement fee
paid to the Finance Director of the County of Hawaii . The
amount of said fee shall be the approximate equivalent of the
applicant ' s share of a privately initiated improvement district
for Lindsey Road, covering roadway, drainage, and related
improvements, as determined by the Chief Engineer. Further,
should an Improvement District or similar arrangements be
initiated for the improvement of Lindsey Road, the applicant
shall automatically participate in such an arrangement. Should
the individual share for the Improvement District exceed the
amount originally contributed by the applicant, then the
applicant shall contribute towards the difference; (F) All
other applicable laws , rules , regulations and requirements be
complied with; (G) 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
-4-
•
4
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (H) 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, (I) 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; 4) the time extension granted shall be for a period
not to exceed the period originally granted for performance
(i .e. , a condition to be performed within one year may be
extended for up to one additional year) ; 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
-5-
the conditions not be met or substantially complied with in a
timely fashion, the Director may 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 IL MEMBER, COUNTY 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
-6-