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HomeMy WebLinkAboutCOM 0408.001 1998-2000 JHtv,oF ~,w Virginia Goldstein O.' _ q~ ' Stephen K. Yamashiro`''~ _ ~~,6C,,.. Director Mayor s• ';r Russell Kokubun ~ Dequty Director err°;. - ,TE~OF_MF`~ ~ C~ ff..~~ ~ , ~ l LLU'1XxC~~ .II~ ~~~17tIt7 PLANNING DEPARTMENT May 25, 2000 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (8081961-8742 Mr. Steve S.C. Lim Carlsmith Ball 121 Waianuenue Avenue Hilo, HI 96720 Dear Mr. Lim: Special Management Area Use Permit No. 381(SMA 381) Change of Zone Ordinance No. 98 30 (REZ 882) Applicant: Kamehameha Investment Corporation Subject: Annual Report TMK: 7-8-10: Por. 2 (Area 53) This is to acknowledge receipt of your letter dating April 10, 2000, containing an annual report in compliance with Condition No. 10 of the SMA Use Permit and Condition S of the Change of Zone Ordinance. Thank you for complying with the annual report requirement. For your information, the next annual report will be due on or before April 14, 2001. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this department at 961-8288. Sincerely, jfVIRGINIA GOLD STEIN Planntng Director PF:gp p:\wpwin60\phyllisV.KICSMA381.doc c w/1tr:~County Council West Hawaii Office Cumm. No, ~ • ~ ~ f z~~~~r~ r~: ?N~,~ Ref. 'l~o:____ _ Iief. Date. 1N U ~l OOC CARLSMITII BALL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE ' POST OFFICE BOX 686 ~ ~ ~ HILO, HAWAII 9fi721-0686 TELEPHONE (806) 935-6644 DIRECT DIAL NO. FAX (ao8) 935-7975 OUR REFERENCE NO (808)935-6644 037756-7 WWW.CARLSMITH.COM April 10, 2000 Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Annual Report -Special Management Area Use Permit No. 381 (SMA 95-4) Applicant: Kamehameha Investment Corporation Request: Development of aMaster-Planned Residential Community to Consist of Approximately 203 Single-Family Residential Units, 773 Multiple-Family Residential Units and Related Improvements Tax Map Key: 7-8-10:portion of 2 (Area 53) Dear Ms. Goldstein: Special Management Area Use (SMA) Permit No. 381 issued on December 16, 1997, approved development of the above-described master-planned residential community within tax map key parcel 7-8-10:portion of 2, situate at Keauhou, North Kona, Hawaii. Pursuant to Condition 10 of SMA Permit No. 381, applicant Kamehameha Investment Corporation (hereinafter the "Applicant") submits its 2000 annual report for the subject project, outlining its compliance with the substantive conditions of rezoning approval and listing in order the governmental "Condition" and Applicant's "Response" to the same. Status of Development As you are aware, Applicant is undergoing internal reorganization efforts, and, as a result, development of a master plan for the proposed residential community has been delayed. In the event that Applicant should require a time extension to comply with any of the conditions set forth herein, it will apply for said time extension pursuant to Condition 11 below. 2007966.1.037756-7 ` HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D.C • MEXICO CITY Virginia Goldstein Planning Director April 6, 2000 Page 2 Condition 1: The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. Response: Applicant will comply with the foregoing condition. Condition 2: The effective date of this Special Management Area Use Permit shall be the effective date of the Change of Zone ordinance. Should the SMA boundaries be amended so that the subject property is no longer within the SMA, then this permit shall be null and void. Response: Applicant acknowledges that the effective date of SMA Use Permit No. 381 will be the date upon which the Planning Director has certified the adequacy of the proposed water source for the project, pursuant to Condition C of Change of Zone Ordinance No. 98-30. Condition 3: The applicant, its successors or assigns shall be responsible for complying with all conditions of approval of the Change of Zone Ordinance. Response: Applicant will comply with the foregoing condition. Condition 4: A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. Response: Applicant will comply with the foregoing condition, if required by the Department of Public Works. Condition 5: The applicant, its successors or assigns shall submit a Solid Waste Management Plan for the development to the Department of Public Works for review and approval prior to securing Final Subdivision Approval. A copy of the approved Plan shall be submitted to the Planning Department for its files. Response: Applicant will comply with the foregoing condition. 2007966.1.037756-7 Virginia Goldstein Planning Director April 6, 2000 Page 3 Condition 6: Sewer lines shall be installed within the development to tie in with the Heeia Wastewater Treatment Plan, meeting with the approval of the Department of Public Works and prior to issuance of a certificate of occupancy. Response: Applicant will comply with the foregoing condition. Condition 7: An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD). Proposed mitigation treatment (preservation in place or disintermendreinterment) for burial sites within the subject property shall be approved by the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submitting plans for subdivision review and prior to any approval for any land alteration permits. An interpretation mitigation plan which shall include buffer zones, signage and long- range preservation concerns shall be submitted to the Planning Director prior to Final Subdivision Approval. Response: Applicant will comply with the foregoing condition. Condition 8: 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. Response: Applicant will comply with the foregoing condition. Condition 9: Comply with applicable laws, rules, regulations and requirements of other affected agencies for approval of the proposed development within the subject property, including the Department of Health. Response: Applicant will comply with the foregoing condition. 2007966.1.037756-7 Virginia Goldstein Planning Director April 6, 2000 Page 4 Condition 10: An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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. Response: In compliance with the foregoing condition, Applicant submits herein its 2000 annual progress report to the Planning Director. Condition 11: An initial extension of time for the performance of conditions within the permit 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 applicant, its 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 permit. 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). Response: Applicant will comply with the foregoing condition, should a time extension be required for compliance with any of the conditions of SMA use permit approval set forth herein. 2007966.1.037756-7 Virginia Goldstein Planning Director April 6, 2000 Page 5 Thank you for the opportunity to present this annual report on behalf of applicant Kamehameha Investment Corporation. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARLSMITH BALL STEVEN S.C. SSL:JEC cc: Louis Kau Joe Spencer John Rocha PBR Hawaii 2007966.1.037756-7 CARLSMITH BALL ATTORNEYS AT LAW APARTNERSHIP INCLUDING LAW CORPORATIONS ~ ~ . ~ , - ` 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 TELEPHONE (808) 935-6644 DIRECT DIAL NO. FAX (808) 935-7975 OUR REFERENCE NO. (808)935-6644 037756-7 WWW.CARLSMITH.COM April 10, 2000 Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Annual Report -Ordinance No. 98-30 (REZ 95-18) Applicant: Kamehameha Investment Corporation Request: Unplanned/A-Sa to RS-10, RM-2, RM-3.5, RM-5.5 and Open Tax Map Key 7-8-10•portion of 2 (Area 53) Dear Ms. Goldstein: On April 14, 1998, Ordinance No. 98-30 rezoned tax map key parcel 7-8- l0:portion of 2, situate at Kahaluu, North Kona, from Unplanned (U) and Agricultural (A-Sa) to Single-Family Residential (RS-10), Multiple-Family Residential (RM-2, RM-3.5, RM-5.5) and Open (O) district classifications. On December 27, 1999, the County Planning Director approved NZC 99-4, a nonsignificant zoning change involving the subject property in which zoning boundaries were adjusted to accommodate the County's proposed Alii Highway realignment project. Seems Exhibit 1 attached hereto. Pursuant to Condition S of Ordinance No. 98-30, applicant Kamehameha Investment Corporation (hereinafter the "Applicant") submits its 2000 annual report for the subject project, outlining its compliance with the substantive conditions of rezoning approval and listing in order the governmental "Condition" and Applicant's "Response" to the same. Status of Development As you are aware, Applicant is undergoing internal reorganization efforts, and, as a result, development of a master plan for the proposed residential community has been delayed. In the event that Applicant should require a time extension in which to comply with any of the conditions set forth herein, it will apply for said time extension pursuant to Condition T below. A~ 2007962.].037756-7 ~ HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES WASHINGTON, D C • MEXICO CITY Virginia Goldstein Planning Director April 10, 2000 Page 2 Condition A: The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. Response: Applicant will comply with the foregoing condition. Condition B: The applicant, successors or assigns shall be responsible for complying with all of the conditions of approval of the Special Management Area Use Permit for the subject property. Response: Applicant will comply with the foregoing condition. Condition C: Within three (3) years from the enactment of this ordinance, the applicant shall provide assurance satisfactory to the Department of Water Supply and the Planning Director, upon consultation with the State Department of Health and the State Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity can be established. The effective date of the changes in district classification(s) shall be the date on which the Planning Director has certified such assurances to be satisfactory. Such satisfactory assurance can be met by the actual drilling and testing of a well site of the water source or by the submittal of a hydrological study certifying that a water source(s) of sufficient quality and quantity can be established at the designated location(s). The actual development of the water source and its water transmission and distribution system shall be developed in conjunction with the subdivision approval process. Residential building permits shall not be issued until the approved water source is developed and its transmission and distribution system for such source to the subject property has been constructed. Residential building permits maybe issued for model home complexes, provided that such model homes shall not be occupied until the approved water source is developed. Response: Applicant will comply with the foregoing condition. Condition D: Final Subdivision Approval for the residential subdivision and Final Plan Approval for the multiple family residential development for Phase I shall be secured within five (S) years from the effective date of the rezoning as determined in Condition C of this ordinance. Prior to commencing construction for any of the proposed multiple family residential development, Final Plan Approval shall be 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 3 secured from the Planning Department in accordance with Chapter 25 Division 7 of the Zoning Code relating to Plan Approval. A master plan and development schedule of the entire proposed development within the subject property shall be submitted with plans for subdivision review for Phase I. Response: Applicant will comply with the foregoing condition. Condition E: Restrictive covenants in the deeds of all proposed residential lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenants to be recorded with the Bureau of Conveyances shall be submitted with the plans for subdivision to the Planning Director for review and approval. A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval. Response: Applicant will comply with the foregoing condition. Condition F: Access(es) and intersection roadway improvements to the subject property from Kamehameha III Road and Alii Highway and any improvements within Kamehameha III Road and Alii Highway shall be constructed meeting with the requirements and approval of the Department of Public Works. In conjunction with Final Subdivision Approval for the corresponding phases of the development within the subject property, the applicant shall complete the following roadway improvements, when warranted by traffic studies conducted in coordination with the Department of Public Works. (1) Traffic signalization improvements shall be installed for the intersection of Kamehameha II1 Road and Keali'i Street. (2) Left turn lanes shall be constructed within Kamehameha III Road at Mauka Access Roads I and II into the subject property. Response: Applicant will comply with the foregoing condition. 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 4 Condition G: Upon the determination of the required right-of--way for the Alii Highway project and the completion of the right-of--way subdivision(s) for such roadway portion, the applicant shall dedicate such right-of--way portion in fee simple to the County upon its request. The applicant shall make its fair share contribution for the proposed Alii Highway project. Response: Applicant will comply with the foregoing condition. Condition H: Roadway connection(s) to the adjoining parcel of the subject property's northern boundary shall be provided, if such subdivision roads are dedicated to the County, in a manner as required by the Planning Department in consultation with the Department of Public Works, and shall be delineated on the final subdivision plat map for the subject property. Response: Applicant will comply with the foregoing condition. Condition I: All roadways within the proposed subdivision shall be constructed in a manner as required by the Planning Department in consultation with the Department of Public Works. Response: Applicant will comply with the foregoing condition. Condition J: A drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans for subdivision review. Drainage improvements, if required, shall be constructed or bonded meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval. Response: Applicant will comply with the foregoing condition. Condition K: The applicant, successors or assigns shall submit a Solid Waste Management Plan for the development to the Department of Public Works for review and approval prior to securing Final Subdivision Approval. A copy of the approved Plan shall be submitted to the Planning Department for its files. 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 5 Response: Applicant will comply with the foregoing condition. Condition L: To ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code, relating to Affordable Housing. Response: Applicant will comply with the foregoing condition. Condition M: An Archaeological Data Recovery Plan and Preservation Plan shall be submitted for the review and approval by the Planning Director in consultation with the Department of Land and Natural Resources-Historic Preservation Division (DLNR- HPD) and a cultural advisory committee composed of members of the community, including but not limited to representatives from the Kona Hawaiian Civic Club, Na `Opio O Kahalu'u and the Office of Hawaiian Affairs. Proposed mitigation treatment (preservation in place or disinterment/reinterment) for burial sites within the subjectproperty shall be approvedby the Historic Preservation Division's Hawaii Island Burial Council before detailed mitigation plans are finalized for these sites. A copy of the approved Final Archaeological Data Recovery Plan and Preservation Plan shall be submitted to the Planning Director for its files prior to submitting plans for subdivision review and prior to any approval for any land alteration permits. An interpretation mitigation plan which shall include buffer zones, signage and long- rangepreservation concerns shall be submitted to the Planning Director prior to Final Subdivision Approval. Response: Applicant will comply with the foregoing condition. Condition N: Should any unidentified sites or remains such as artifacts, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walls, terraces, platforms, or marine shell concentrations 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 sufficient mitigative measures have been taken. Response: Applicant will comply with the foregoing condition. 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 6 Condition O: The applicant shall make its fair share contribution to mitigate potential regional impacts ofthe subject project with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution, in a form of cash, land, facilities or any combination thereof acceptable to the Director in consultation with the affected agencies, shall be determined by the County Council. The fair share contribution shall have a maximum combined value of $4,645.29 per multiple-family residential unit and $7,239.16 per single-family residential unit. Based upon the applicant's representation of intent to develop up to 976 residential units, the indicated total of fair share contribution is $3,590,809.17 for multiple-family residential units and $1,469,549.48 for single-family residentialunfts, whichever is applicable. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition O. The fair share contribution shall be allocated as follows: 1. $2,291.39 per multiple-family residential unit for an indicated total of 1,771,224.47 and $3,490.85 per single-family residential unit for an indicated total of $708,642.55 to the County to support park and recreational improvements and facilities within the Kahalu'u-Keauhou districts to include, without limitation, improvements to Kahalu'u Beach Park; 2. $72.42 per multiple-family residential unit for an indicated total of $55,980.66 and $168.40 per single-family residential unit for an indicated total of $34,185.20 to the County to support police facilities; 3. $222.77 per multiple-family residential unit for an indicated total of $172,201.21 and $332.61 per single-family residential unit for an indicated total of $67,519.83 to the County to support fire facilities; 4. $99.29 per multiple-family residential unit for an indicated total of $76,751.17 and $145.62 per single-family residential unit for an indicated total of $29,560.86 to the County to support solid waste facilities; and 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 7 5. $1,959.42 per multiple-family residential unit for an indicated total of $1,514,631.66 and $3,101.68 per single-family residential unit for an indicated total of $629,641.04 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). Any fair share contributions paid by the applicant shall be expended within the region impacted by the proposed development, subject to the approval of the Director. In lieu of paying the fair share contribution, the applicant may construct and contribute improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Director. The cost of providing and constructing the improvements required in Conditions F and G shall be credited against the sum specified in Condition O(5) for road and traffic improvements. For purposes of administering Condition O, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to review and approval of the Director, upon consultation with the appropriate agencies. Upon approval of the fair share contributions or in lieu contributions by the Director, the Director shall submit a final report to the Council for its information that identifies the specific approved fair share and/or in lieu contributions, as allocated, and further implementation requirements. Response: Applicant will comply with the foregoing condition. Condition P: 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 shall be credited towards the requirements of the Unified Impact Fees Ordinance. Response: Applicant will comply with the foregoing condition. 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 8 Condition Q: In lieu of actual construction of infrastructural improvements as conditioned above, the applicant may enter into an agreement with the Planning Director and the Department of Public Works and the Department of Water Supply, if applicable, to assure the County that the infrastructural improvements will be constructed together with the appropriate bond, surety or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, if applicable, Final Subdivision Approval for the subject property or portions thereof may be granted prior to the actual construction of required infrastructural improvements unless otherwise restricted herein. Response: Applicant will comply with the foregoing condition. Condition R: 'The applicant shall comply with all applicable laws, rules, regulations and requirements of affected agencies for approval of the proposed development within the subject property, including the Department of Health. Response: Applicant will comply with the foregoing condition. Condition S: An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the ordinance. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. 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. Response: Incompliance with the foregoing condition, Applicant submits herein its 2000 annual progress report to the Planning Director. Condition T: 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 ofthe applicants, its successors or assigns, and that are not the result of their fault or negligence. 2007962.1.037756-7 Virginia Goldstein Planning Director April 10, 2000 Page 9 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). Response: Applicant will comply with the foregoing condition, should a time extension be required for compliance with any of the conditions of rezoning set forth herein. Condition U: Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. Response: Applicant acknowledges the foregoing condition. Thank you for the opportunity to present this annual report on behalf of applicant Kamehameha Investment Corporation. Please feel free to contact me at 935-6644, should you have any questions concerning the foregoing discussion. Very truly yours, CARLSMITH BALL 6i~7~f~;J STEVEN S. . LI SSL:JEC Attachment cc: Louis Kau Joe Spencer John Rocha PBR Hawaii 2007962.1.037756-7 o~ew.°i N,,;~ virgmia l:oldstein Stephen K. Yamashiro Director ~ ~ ~~`?~:'1~ Russell Kokubun . 1jf•o`.N'Jr C~nix~tf>~r n~ ~tt~ixttit PLANNING DEPARTMENT 25 Aupuni Street, Room ]U9 • Hilo, Hawaii 96720-4252 _ (808) 961-A288 • Fax (808) 961-8742 December 27, 1999 Mr. James M. Leonard, AICP Managing Director, Hilo Ofiice PBR Hawaii 101 Aupuni Street Hilo Lagoon Center, Suite 310 Hilo, HI 96720-4276 Dear Mr. Leonard: Nousignilic:uit Zoning Change (NLC 99-4) kanlehaiueh;~ llevelopment Corporation TMIK: 7-8-10: portion of 2 This is to acknowledge receipt of the notification to the surrounding property owners on December 10, 1999. With the submission of the additional inforrnaliun, we are now able to official accept your request which was tiled on behalf of Kamehameha Development Corporation fur a determination of a nonsignificant zoning change in accordance with Section 25-2-45 of Chapter 25, Hawaii County Code, and Pl~~nning DeparUi?ent Rule No. 8. four request is to adjust the boundaries of several areas without increasing the zoning densities. 1'he adjustments are dune to acconunudate the proposed Alii Highway realignment project. Specifically, the following zoning adjustments are proposed: Multiple Residential - 4,000 square feet (RM-4) to Open (O): 10.303 acres 2. Agricultural S-acre (A-Sa) and Single Family Residential 7,500 square feet (RS-7.S) to RM-4. 10.303 acres 3. A-Sa to Open: 0.575 acre + r Mr. James M. Leonard, A1CP Managing Director, Hilo Office PBR Hawaii Page 2 December 28, 1999 4. A-Sa to RS-10: 0.886 acre (Part of proposed Alii Highway) Upon review of your request, we have determined that it complies with the criteria set forth in Section 25-2-45(a)(1) of Chapter 25, Hawaii County Code for determining nonsignificant zoning changes. The adjustment of boundaries will not result in an increase to the current zoning districts. We therefore, administratively grant the requested nonsignificant zoning changes. Should you have any questions, please feel free to contact Norman Hayashi of this office at 961-8288. Sincerely, VIRG IA GU DS ElN Planning Director NH: pak f:\wpwinG0ldcptV?zc994.93 U c: Hawaii County Council Real Property 'Tax Division West Hawaii Planning O1T'ice Roy Uchida/Hans Santiago