HomeMy WebLinkAbout03/09/21 PD BACKGROUND REPORT (AMEND REZ 1059)13YoungREZAmend11c.3 4 2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ERNEST AND ELIZABETH YOUNG
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO.04 149 (REZ 10591
ERNEST AND ELIZABETH YOUNG have submitted an application for an amendment to
Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance
No. 04-149, which rezoned 1.8628 acres of land from Agricultural-5 Acres (A-5a) to Single
Family Residential-20,000 Square Feet (RS-20). The property is located at the southwest corner
of the intersection of Mahilani Drive and Mamalahoa Highway, Kalaoa 1st &2nd,North Kona,
Hawai`i, TMK: (3) 7-3-011:068.
APPLICANT'S REQUEST AND REASONS
1. Applicant's Request: The applicant is requesting a five(5)-Year Time Extension for
Condition C (Time to Secure Final Subdivision Approval), which states:
Final subdivision approval shall be secured within five (5)years from the effective date
ofthis ordinance. " The previous applicant never requested an administrative time
extension for the subject Ordinance, therefore, the deadline to comply with this condition
was December 8, 2009.
It should be noted that the application also requested a time extension to Condition B
Water Commitment Payment), to allow additional time to pay the required water
commitment fee. However,by letter dated February 3, 2021, the Department of Water
Supply confirmed receipt of the required payment thereby making the water commitment
valid until 2024. Thus, the time extension request to Condition B moot.
2. Applicant's Reasons for the Request: The previous landowner, Lillian Mahi received
approval for a State Land Use Boundary Amendment and Change of Zone for the subject
parcel in 2004. At the time the applicant proposed to subdivide the subject parcel into
three (3) lots at least 20,000 square feet in size. Despite initiating the subdivision process
in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision
approval by the time she passed away in 2008. Ms. Mahi's children were similarly
unable to complete the project and subsequently sold the property. The current applicants
purchased the property in 2016 and have been diligently working toward complying with
conditions of the change of zone ordinance and tentative subdivision approval. During
this process, the applicants were made aware that they were out of compliance with timed
conditions ofapproval. To rectify this oversight, the applicants are requesting a five (5)
year time extension to complete the subdivision.
3. Landowners: Ernest and Elizabeth Young.
4.Supportive Information: The applicants submitted the attached in support of the
request: (P.D. Exhibit 1 -Application for Time Extension dated November 18, 2020)
CHRONOLOGY OF LAND USE PERMITTING
5.December 8, 2004: Effective date of Change of Zone Ordinance No. 04 149 approved by
the County Council, which reclassified 1.8628 acres of land from an Agricultural 5-acre
A-5a) to Single Family Residential 20,000 square feet(RS-20) zoning district.
6. April 1, 2005: The previous applicant submitted a subdivision application to comply with
Condition C(Final Subdivision Approval).
7.September 19, 2005: The Planning Department issued tentative subdivision approval to
subdivide the subject property into three(3) new lots (SUB-05-000056).
8.June 18,2007 through March 30, 2015: The Planning Department issued eight (8) time
extensions for the completion of the Tentative Subdivision Approval granted in 2005.
The eighth and final time extension for completing the subdivision lapsed on September
19, 2015.
STATE AND COUNTY PLANS
9.State Land Use Designation: Urban.
10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Low Density
Urban (LDU).
11. County Zoning: Single-Family Residential-20,000 square feet (RS-20).
12. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawai`i
County Council by Ordinance No. 08 131 on September 25, 2008, identifies the area as
situated within the"Kona Urban Area." Portions ofthe Kona CDP were recently
amended under Ordinance No. 19 91.
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13. Special Management Area: The subject property is located more than 5.3 miles from
the nearest shoreline and is not situated within the Special Management Area (SMA).
DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA
14. Project Site: The subject property is 1.8629 acres in size and is roughly rectangular in
shape and is improved with a 1,712 square foot single-family dwelling, as well as a
storage building and two small sheds.
15. Surrounding Zoning and Land Uses: There are single-family residences within
residential subdivisions located in the immediate surrounding area of the property. These
include Kona Highlands to the east, Kona Coastview and Kona Wonderview to the south
and Kalaoa View and Keahole View to the north. While these surrounding subdivisions
are situated mainly within the State Land Use Urban District, they are primarily zoned
Agricultural (A-5a)by the County. However, lots within these subdivisions range
between 8,000 to 20,000 square feet in size, making them non-conforming residential
sized subdivisions.
16. FEMA Flood Insurance Rate Map (FIRM): Zone X, which is an area of minimal flood
hazard determined to be outside of the Special Flood Hazard Area.
17. ArchaeologicaVHistorical Resources: By letter dated February 9, 2021, the Department
of Land and Natural Resources-State Historic Preservation Division indicated that they
have no objection to the proposed time extension citing the extensive grading and
existing residential development of the parcel.
18. Cultural Resources: The property is not adjacent and/or proximate to the shoreline. As
such, gathering of marine life, fishing and coastal access is not an issue. The subject
parcel has been extensively graded and developed for residential purposes; therefore, it
would appear very unlikely that the site would be used for gathering or associated with
traditional and customary Hawaiian practices.
19. Flora/Fauna Resources: A botanical reconnaissance was conducted by Ron Terry, Ph.
D. and Layne Yoshida, B.A. of Geometrician Associates, LLC in March 2004. The report
concluded that, "no rare, threatened or endangered species as listed by the U.S. Fish and
Wildlife Service were observed on or near the property, as the property was already
graded and developed for residential use."
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20. Public Access: There is no public access to the mountains or the shoreline that traverses
the property.
PUBLIC UTILITIES AND SERVICES
21. Access/Traffic: The subject parcel currently has two driveway accesses, one from
Mahilani Drive which is a County owned and maintained street and another from the
Mamalahoa Highway which is a State owned and maintained highway. As required by
Condition D of the subject Change ofZone Ordinance proposed lots B-1 and B-2 will be
accessed from Mahilani Drive. Proposed lot B-3 will be accessed from an existing
driveway onto the Mamalahoa Highway. Per condition E of the subject Change of Zone
Ordinance the site plan identifies a 10-foot-wide planting screen easement (Proposed
Easement P-1, P-2 and P-3) along the parcels Mamalahoa Highway frontage. According
to the Department of Public Works, any driveway connections to Mamalahoa Highway
will be subject to review and approval by the State Department of Transportation. There
will be an increase in traffic consistent with that of household traffic for two additional
dwellings which should not have a significant impact on existing State and County roads.
22. Water: According to the Department of Water Supply(DWS), the property is currently
served with two (2) units of water and the applicant has paid the water commitment fee
for one(I) additional unit of water through January 31, 2024 and is subject to renewal.
Additionally, DWS articulated standard necessary water system improvements, facilities
charge amount and remittance instructions, and water improvement conveyance
requirements.
23. Wastewater: Sewage will be disposed of via individual wastewater treatment systems
approved by the State Department of Health.
24. Essential Utilities, Police, Fire and Medical Services: All essential utility and services
are available to the project site. Police and fire services are available from the Kailua-
Kona station, approximately eight miles from the project site. Medical services are
available at the Kona Hospital in Kealakekua.
AGENCIES AND ORGANIZATIONS' COMMENTS
25. Department of Public Works—Engineering Division: (P.D. Exhibit 2 —December 23,
2020 memo).
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26. Department of Water Supply (P.D. Exhibit 3—February 3,2021 memo)
27. State Department of Health (Planning Department Exhibit 4—January 13, 2021
memo).
28. State Department of Land and Natural Resources—State Historic Preservation
Division (Planning Department Exhibit 5—February 9, 2021 memo).
AGENCIES - NO COMMENTS/NO CONCERNS
29. Police Department, Fire Department, State Department ofLand and Natural Resources—
Land Division
AGENCIES -NO RESPONSE
30. Department of Public Works—Traffic Division, Department of Public Works—Building
Division, Department of Environmental Management, and Office of Housing and
Community Development.
PUBLIC COMMENTS
31. As of the date of this writing, the Planning Department has not received any comments or
objections from the general public or adjacent landowners on the subject request.
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November 18, 2020 7=1-
n
Michael Yee
101 Pauahi St. Suite 3 R ''`r'"
Hilo, HI. 96720
Subject: Change Of Zone Ordinance No. 04 149
Applicants: Ernest & Elizabeth Young
Request: Time Extension To Condition C
Securing Final Subdivision Approval)
Tax Map Key: (3)7-3-011 :068
Dear Michael Yee,
Aloha! Let me introduce ourselves, Ernest & Elizabeth Young, we
are the current owner of the subject property. We are submitting the
following request for a time extension of the referenced condition of
the Change of Zone Ordinance so that we can complete the
requirements for and to obtain Final Subdivision approval for our
property.
The subject property, consisting of 1.8628 acres, was rezoned in
2004 (by the previous owner Lilian Mahi) from Agriculture-5 Acres
A-5a) to Single Family Residential-20,000 Square Feet (RS-20)
with the specific goal of subdividing the property into three lots. A
copy of the Change of Zone ordinance (Ordinance No. 04 149) is
attached for reference as Exhibit A. The previous owner passed
away prior to finalizing the conditions and subdivision., as the
current owners we would like to finish what Lilian Mahi started and
complete the subdivision.
The rezoning ordinance included a number of conditions two of
which; Condition B and C, were time sensitive. Condition B
tanning Dept.
Exhibit
required payment of the water commitment fee to the Department of
Water Supply within ninety (90) days from the effective date of the
ordinance. Water can be made available as noted in a letter from
Department of Water which is attached and referenced as Exhibit B.
We are requesting time extension to be able to make payment to the
Department of Water in accordance to the ordinance No. 04 149.
Condition C of Ordinance No. 04 149 required that Final
Subdivision of the proposed subdivision be secured from the
Planning Director within five (5) years from the effective date of the
Change of Zone Ordinance (effective date: December 8, 2004), that
is by December 8, 2009. An administrative extension of time was
granted by the Planning Director by his letter of March 30, 2015 (to
the previous owners), which extended this date to September 19,
2015. A copy of this letter is attached for reference as Exhibit C.
The subdivision application was submitted and received tentative
approval September 19, 2005. In August of 2008 the
owner/applicant passed away and her adult children were unable to
continue with fulfilling the conditions. As the current owners,
Ernest and Elizabeth Young we would like to complete the
subdivision, an additional extension of time is being requested, as
directed by the Planning Department in their letter dated September
16, 2020 which is attached as Exhibit D.
I. Project Location and Description
The subject property is 1.8629 acres. The property is located on the
southwest corner of the Mahilani Dr.-Mamalahoa Highway
Highway 190) intersection, Kalaoa 1 st and 2nd North Kona, as
shown on the attached Location Map (Figure 1), TMK Map
Figures 2) and Vicinity Map (Figure 3). The parcel is roughly
rectangular in shape. There is an existing home located on the parcel
in the area proposed for lot B-2.
II.Regulatory Background
As noted, the property was rezoned from Agriculture-5 Acres (A-5a)
to Single Family Residential-20,000 Square Feet (RS-20) in 2004
with the adoption of Ordinance No. 04 149. The timing related
conditions of approval included the requirement to secure water
commitment for the project through the required water commitment
payment to the Department of Water Supply (Condition B) and to
secure Final Subdivision Approval within 5-years of the effective
date of the Change of Zone ordinance (Condition C).
Tentative Subdivision approval for the planned 3-lot subdivision was
granted by the County of Hawaii Planning Department on September
19, 2005. Copy of the proposed three-lot subdivision that received
tentative subdivision approval is shown in Figure 4, Preliminary
Subdivision Map. A request for an extension of time to secure final
subdivision approval was requested and granted by the Planning
Director, extending the deadline for obtaining approval to September
19, 2015.
Other conditions of the change of zone ordinance pertain to the
requirements for final subdivision approval, including: Recording
restrictive covenants in the deeds of all proposed lots prohibiting the
construction of a second dwelling on each lot (Condition H);
providing drainage improvements, if required, for review and
approval by the Department of Public Works (Condition G) and the
applicant making its fair-share contribution to mitigate potential
regional impact of the project with respect to roads, parks and
recreation, fire, police, and solid waste disposal (Condition K).
Pending approval from the County Council of the requested
extension of time, Applicants are prepared to meet the above listed
conditions of approval.
III.Nature Of The Request
Condition C required the applicant to obtain final subdivision
approval within five (5) years of the effective date of the ordinance,
which would be by December 8, 2009. Condition N allowed for the
Planning Director to grant an initial extension of time of five years
for the performance of conditions, which was requested and
approved bringing the completion deadline to September 19, 2015.
The previous owner passed away before she was able to obtain final
subdivision approval. We, Ernest and Elizabeth Young, have come
forward as the new owners of the subject property and have
requested that we continue processing this application. In his letter
Exhibit D) of September 16, 2020, the County Planning Director
notes the Change of Zone Ordinance affecting this property has time
constraints which have been seriously neglected and, in order to
complete the subdivision, a request would need to be submitted to
the Planning Commission to receive additional time to comply with
Condition C of the Ordinance. In light of the above we the new
owners are requesting an additional 5-year time extension, which we
understand would be five (5) years from the date of the Council's
approval of this request.
IV.Justification For The Request
As with the prior time extension request, the circumstances and
criteria for granting a further time extension, as enumerated in
Condition N of the Ordinance, would appear to be similarly
applicable to this request.
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 oftheirfault
or negligence.
Mrs. Lilian Mahi had originally sought the change of zoning and a
subdivision of the property unfortunately she was unable to finish
before passing away. The current owners, Ernest and Elizabeth
Young, would like to finish what Lilian Mahi started.
2. Granting of the time extension would not be contrary to
the General Plan or Zoning Code.
This request for an extension of time continues to be consistent with
the General Plan's Land Use Pattern Allocation Guide (LUPAG)
Map, which designates this area for Urban Expansion. Urban
Expansion Area allows for a mix high density, medium density, low
density, industrial and/or open designations in areas where new
settlements may be desirable, but where the specific settlement
pattern and mix of uses have not been determined. The area under
consideration is consistent with the urban form established for this
section of the North Kona District as depicted on the LUPAG Map.
The Kona Regional Plan, adopted by Resolution No. 1 84,
recommends the area for residential four (4) units per acre. The
applicant's proposal is a single family residential subdivision. It is
adjacent to a residential subdivision called Kona Highlights. The
proposed reclassification is for a similar urban land use designation.
Thus, the requested boundary amendment would be in the direction
of fulfilling the low density range plans, in this particular case.
Furthermore, an Urban classification would complement the existing
and future residential land use patterns of the surrounding properties
in view of the adjacent Kona Highlands Subdivision.
3. Granting of the time extension would not be contrary to
the original reasons for the change ofzone.
The reason for approving the rezoning of the site, which were
articulated in the Planning Department's initial recommendations to
the Planning Commission in reference to the change of zone
application for the property, are still applicable to the project at this
time. These included:
Consistency with the General Plan LUPAG map and regional
and community planning documents;
Conformance with intent and purpose of State Land Use Law;
The absence of known, archaeological, or cultural features and
no rare, threatened, or endangered species of either flora or
fauna on the site.
All utilities and services are available to the property which is
essential to accommodate urban development
From a land use perspective, it is more feasible alternative to
infill residential development within this particular area of
North Kona. In doing so, it would tend to alleviate the
conversion of more productive agriculture lands in more
appropriate locations within the North Kona area for Urban
Low Density type uses. Furthermore, the request would
complement the existing and future residential land use patterns
of the surrounding properties.
4. The time extension granted shall be for a period not to
exceed the period originally granted.
We the applicants are seeking a time extension of 5-years, similar to
the period originally granted to the previous owner. We respectfully
request your favorable consideration to this 5-year time extension
request.
It should be noted that, in accordance with the public notice
requirements per section 25-2-4 of the County Zoning Code, written
notice of the pending request will be provided to property owners
and lessees for properties, which any portion of which is within 300
ft. of the boundary of the subject property. A complete list of those
owners and lessees of record that are to be included in the
notification, is included for reference as Exhibit E with this
submittal. Additionally, in meeting the submittal requirements, a
copy of the tax clearance letter County Real Property Tax Office
related to the subject property, the application fee of$250. has been
paid and a copy of the check is attached and 19 additional copies of
this request package are enclosed with this original copy of the
submittal.
Please let me know if you have any questions or require additional
information related to this request.
Mahalo Nui Loa, Ernest & Elizabeth Young
73-1236 Mahilani Dr.
Kailua Kona, HI. 96740
808)640-8942
808)989-1730
ErnestYoungArt@gm ail.corn
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COUNTY OF HAWAII
Department of Finance - Real Property Tax
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REAL PROPERTY TAX CLEARANCE
Date: Friday, November 13, 2020
TMK: (3)7-3-011-068-0000 Young,Ernest Davis et al
This is to certify that the real property taxes due to the County of Hawaii on the parcel listed
above have been paid for the tax year up to and including December 31, 2020.
The County's real property taxes are levied on July 1st each year. The taxes become a lien
on the property assessed as of the levy date.
This clearance was requested on behalf of Young,Ernest Davis et al and is issued for this
parcel only.
by
REAL PROPERTY TAX DIVISION
Paid up to and including December 31, 2020.
TAX CLEARANCE FOR PLANNING DEPARTMENT REV:2/201M
Hawaii County is an Equal Opportunity Provider and Employer
TB325WNN'N
Exhibits & Figures Attached
Exhibit A "Change of Zone ordinance(Ordinance No. 04 149)"
Exhibit B "Letter From Department of Water"
Exhibit C "Time Extension Granted to Previous Owner"
Exhibit D "Letter From Planning Department"
Exhibit E "Neighbors within 300 ft.
Figure 1 "Location Map"
Figures 2 "TMK Map"
Figure 3 "Vicinity Map"
Figure 4 "Preliminary Subdivision Map"
Exhibit A
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 343
Draft 4
ORDINANCE NO. 04 149
AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP),
ARTICLE 8,CHAFFER 25(ZONING CODE)OF THE HAWAPI COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 5 ACRES
A-5a)TO SINGLE FAMILY RESIDENTIAL-20,000 SQUARE FEET(RS-20)AT KALAOA
I'' AND 2ND.NORTH KONA,HAWAII,COVERED BY TAX MAP KEY 7-3-011:068.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. Section 25-8-3, Article 8,Chapter 25(Zoning Code)of the Hawaii County
Code, k amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Kalaoa 1'and 2nd,
North Kona. Hawai'i shall he Single Family Residential—20,000 square feet(RS-20):
Beginning at a F4 inch pipe(found)at the Southeasterly corner of this parcel of land,
being also the Northeasterly corner of Lot I and being a point on the Westerly side of
Hawaii Belt Road(F.A.P.F-l0(5)),the coordinates of said point of beginning referred to
Government Survey Triangulation Station"MOANUTAHEA"being 4,614.00 feet South
and 8,759.10 feet West and running by azimuths measured clockwise i-nm True South:
Thence, for the next six(6)courses following along the remainder of Grant 3027
to Heucu:
86° 20' 30" 37.95 feet along Lot I to a point;
2.9Y 28' 30" 78.47 feet along Lot Ito a point
3.95° 20' 30" 104.89 feet along Lot 1 to a point
4.88° 34' 45.03 feet along Lot I to a l5 inch pipe(found);
5.930 09' 30" 4.29 feet along Lot Ito a 'A inch pipe(found);
Exhibit A.
6. 191° 56' 383.98 feet along Lot A to a% inch pipe(found);
7. 268° 17' 15" 154.77 feet along the Southerly side of Mahilani
Drive to a point;
Thence,following along the Westerly side of Hawaii Belt Road(FAT. F-10(5))
on a curve to the left with a radius of
5,769.56 feet,the chord azimuth and
distance being:
8. 3550 13' 26" 249.82 feet to a point;
9, 353` 59' 143.35 feet along the Westerly side of Hawaii Belt
Road(F.A.P.F-10(5))to the point of
beginning and containing an area of 1.8628
Acres.
All as shown on the map attached hereto,marked Exhibit "A"and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44,Hawaii County Code,the County
Council finds the following conditions are:
I) Necessary to prevent circumstances which maybe adverse to the public
health,safety and welfare;or
2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
A) Protection of the public from the potentially deleterious effects of
the proposed use,or
B) Fulfillment of the need for public service demands created by the
proposed use.
A, The applicant,successors or assigns shall he responsible for complying with all of
the stated conditions of approval.
B. The required water commitment payment shall he submitted to the Department of
2-
Exhibit qi
Water Supply in accordance with its"Water Commitment Guidelines Policy"
within ninety(90)days from the effective date of this ordinance.
C. Final subdivision approval shall be secured within five(5)years from the
effective date of this ordinance.
D. Access to the proposed lots(B-I and B-2)shall be from Mahilani Drive. Access
to proposed lot B-3 shall be from an existing access on Mamalahoa Highway.
Access shall meet with the requirements of the Department of Public Works.
E. A 10-foot wide no vehicular access planting screen easement shall be delineated
along all lots fronting Mamalahoa Highway.
F. All development-generated runoff shall be disposed of on-site and shall not he
directed toward any adjacent properties.
G. Drainage improvements, if required, shall he constructed meeting with the
approval of the Department of Public Works in conjunction with Final
Subdivision Approval.
H. Restrictive covenants in the deeds of all proposed residential lots shall prohibit the
construction of a second dwelling unit and condominium property regimes and
any further subdivision of each lot. This restriction maybe removed by
amendment ofthis ordinance by the County Council. The owners of the property
may also impose private covenants restricting the number of dwellings. A copy of
the proposed covenant(s)to be recorded with the Bureau of Conveyances shall he
submitted to the Planning Director for review and approval prior to the issuance
of Final Subdivision Approval. A copy of the approved covenant(s)shall be
recited in an instrument executed by the applicant and the County and recorded
3-
Exhibit A.
with the Bureau of Conveyances for any portion of the subject property. A copy
of the recorded document shall be filed with the Planning Department upon its
receipt from the Bureau of Conveyances.
All earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawaii County Code.
J. Should any undiscovered remains ofhistoric sites,such as rock walls,terraces.
plalforms,marine shell concentrations or human burials be encountered,work in
the immediate area shall cease and the Department of Land and Natural Resources
State Historic Preservation Division(DLNR-SHPD)shall he immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
the DLNR-SHPD when it finds that sufficient mitigation measures have been
taken.
K. The applicant shall pay its fair share contribution to address potential regional
impacts of the project with respect to roads,park,fire,police and solid waste
disposal facilities. The fair share contribution shall be initially based on the
representations contained within the change of zone application and maybe
increased or reduced proportionally if the lot counts are adjusted. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval or within five(5)years from the effective date of this change;of zone
ordinance,whichever occurs first. The fair share contribution for each additional
lot shall he based on a maximum density for each additional lot as determined by
the zoning resulting from this change of zone. The fair share contribution in a
thrm of cash,land, facilities or any combination thereofshall he determined by
the County Council. The fair share contribution maybe adjusted annually
beginning three years after the effective date of this ordinance,based on the
percentage change in the Honolulu Consumer Price Index(HCPI). The fair share
q-
Exhibit 71
contribution shall have a maximum combined value of$9,671.44 per additional
single family residential unit. Based upon the applicant's representation of intent
to develop a total of two(2)additional single-family residential units,the
indicated total of fair share contribution is$19,342.88 for the additional singe-
family residential units. 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 K. The fair share contribution shall
he allocated as follows:
4,663.74 per single family residential unit for an indicated total of
9,327.48 to the County to support park and recreational improvements
and facilities;
2. $224.98 per single family residential for an indicated total of$449.96 to
the County to support police facilities;
444.36 per single family residential unit for an indicated total of$888.72
to the County to support fire facilities;
4. $194.55 per single family residential unit for an indicated total of$389.10
to the County to support solid waste facilities;
5. $4,143.81 per single family residential unit for an indicated total of
8,287.62 to the State or County to support mad and traffic improvements.
5-
Exhibit
In lieu of paying the fair share contribution,the applicant may construct such
facilities related to park,fire,police and solid waste disposal facilities subject to
the review and recommendation of the Planning Director,upon consultation with
the appropriate agencies and the approval of the Hawaii County Council.
L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees,conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
M. The applicant shall comply with all applicable County,State and Federal laws.
rules,regulations and requirements.
N. An initial extension of time for the perfonnance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
I. 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 ney>ligence.
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
h_
Exhibit
one year may be extended for up to one additional year).
5. If the applicants should require an additional extension of time,the
Planning Director shall submit the applicants' request to the County
Council for appropriate action.
O. 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 orithnal 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:
n 1ACOUU/TYUCILBER, OFB 1'I
Kona Bawai'i
Dale of Introduction: November 10, 2004
Date of 1st Reading: November 10, 2004
Date of 2nd Reading: November 24, 2004
Effective Date: December 8, 2004
REFERENCE Comm. 788.3
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-5a)
TO SINGLE-FAMILY RESIDENTIAL (RS-20)
AT KALAOA 1st and 2nd, NORTH KONA, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TalDate:
June 1,2004
EXHIBIT
I
ITfl
066
EXIT"A••0.aian E.M4511 137)
a:.
I
Exhibit A.
OFFICE OF THE COUNTY CLERK.
County of Hawaii
Kona ,Hawaii L,Lb 13 1
Draft 3)
Introduced By: Leningrad El art ono ff ROLL.:CALL VO'IY
Date Introduced: November 10, 2004 AYES NOES .ABS EX
First Reading November 10, 2004 Aakaki X
Published November 21, 2009 Chung X
Elarionoff X
RE;At IRA.S: Holschuh X
Jacobson x j —
Reynolds X I
Safarik X
Tulang X.
Cyler X
5 1 —_—_3 ` 0
Second ReadingNovember 24, 2004 Draft 4)
I'oMayo'. November 29, 2004 ROLL CALL VOTE
Returned: December 9, 2004 AYES NOES ABS I EX
I
I-ttecbve: December 8. 2004 ___. Arakakl X
Published: December 15 2Q9A _- .Chung X
L_Eladonnff X
REM-IRA.S Ftulschuh X
Jacobson X
Reynolds X
Safarik X
Tulang X
Tyler i X
9
I 1 1 0
I DO HERES) <'ER7 LEY lhai the foregoing BILL was adopted by the County Council published as indicated
hole.
APPROVED AS TO IJPFORMANDLALK:
j / /J X/NC[L CHAIRMAN
4 i(y( :iK C
i
DE• TY CORPORATION COUNSEL A 1,,,
COUNTY OF HAWAII
FVHNTJ'CLERK
t2eDate _ 4/_ i 1-:, 9-
BIIINo.:343 (Draft 4)
Ppro ,L'UnoppnneJ Ibis 84` dal Reference; C-789 .3/PC-115
rl1TirVnbar (//(`/. 2004 Ord: oQ 149
AYOX. (1) Gi'T UE'114 ViC411
Hannit,'uoup can Inn:I clppurnninn Pmvduru,N£mpIor,
Exhibit B
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KE KOANAL)'A STREET. SUITE 20 • HILO, RAWA 98720
TELEPHONE (6061 9616050 • FAX (BOO) 6O1'a657
June 14,2005
TO: Mr. Christopher J.Yuen,Planning Director
Planning Department
FROM:Milton D.Pavao, Manager
SUBJECT: SUBDIVISION APPLICATION NO.2005-0056
APPLICANT—LILLIAN MAHI,El'AL.
TAX MAP KEY 7-3-011:068
We have reviewed the subject application for the pnlposed subdivision.
Water can he made available from an existing 8-inch waterline along Matthaei Drive!ranting the
ploperty in accordance with the Department's existing water availability conditions. which am sub
to elm) go without notice.
Pursuant to Rule 5 of the Department's Rules and Regulations,a copy of which is being forwarded to
the applicant,a water commitment may be issued. Eased on the I additional lot rrqucsfed in the
proposed 3-lot development,the required water commitment deposit Is$150.00.
Remittance by the applicant of the$150.00 is requested as soon as possible so that a water commitment
may be formally issued The commitment will he in writing with specific conditions mid effective
dates stated. Please keep in mind that this letter shall not he coast'ucd as a watei commitment. In
other words, unless a water commitment is officially effected, wale, availability is subject to change
without notice,depending on the wale, situation
rot the applicant's information, final subdivision app oval will be subject to compliance with the
fol lowing requirements:
Construct necessary water system improvements, which shall include, but not be limited to, the
Installation of a service lateral that will accommodate a 5/8-inch sized meter to Lot B-2.and
Subject to other agencies' requirements to construct improvements within the road right-of-way
fronting the property affected by the proposed development,the applicant shall be responsible
lar the relocation and adjustment of the Department's affected water system facilities.should
they be necessity
litter Grutc9J/arnvr¢'JJ.,.
The Depnmmwl Wale,Supoly is nnEqual orMlunny provrder and empluyer To hl..,compinnn of dsOlm'nehon.woe USIA.Orr•cto..011.cenr QNnRynls.Room 326 w woolen 63:1439,4th and Independence Avenue,SW,Wanunylon DC 20250 2410 Or 441[20:4 72063064(voice and TDD
xhihit B
Mr. Christopher J. Yuen,Planning Director
Paget
June 14,2005
3. Submit construction plans and design calculations prepared by a professional engineer,
architect,or and surveyor,registered in the State of Hawaii,for review and approval.
4. Remit the prevailing facilities charge, which is subject to change,of$5,500.00,as shown
below:
Facilities Charge(FC):
2 existing services
I additional unit at$5,500.00/unit 5,500.00
Total FC 5,500.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
5. Submit the appropriate documents,property prepared and executed.to convey the water system
improvements and necessary figments to the Water Board of the County of Hawaii prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However, prior to water
meter services being granted to the development,or any lots within, the conveyance documents
shall be accepted by the Water Board.
Should there he any questions,please contact Mr William Atkins of our Water Resources and
Planning Branch at 961-8070,extension 254.
Sincerely yours,
I
Mil n D Pavan.P.B.
Maagr
WA:dfg
copy- (whit,)Ms. Lillian Mahu
w/o att.)Wes Thomas Associates
w/u att)DWS Customer Service Section(Hilo)
walla„.r Kann, xhIbit CsY .
Dunne KenuhuDirecicv
Bobby Command
ri it Ia• DeparLurnw
viol llmum,Oli¢a Fist Hewn I Of,cc14dM144aneAeMnAnlalell.Y se IDI NueA,Save Sw,elAulua(Aono w,,,,,nwm County of Hawaii em 1m411096710Phone
OS 1113.
4t
1.4 IN
Phme19081 c61 14)Fax OM11;a510 PLANNING DEPARTMENT x reue Psl aro
March 30,2015
Chrystal Thomas Yamasaki.LPLS
Wes Thomas Associates
75-5749 Kalawa Street,Suite 201
Kailua-Kona,HI 96740-1818
Dear Ms.Yamasaki:
EIGHTH TIME EXTENSION GRANTED
SUBDIVIDERS: HEIRS OF LILLIAN MARI
Proposed Subdivision of Lot 8,
Being a Portion of Grant 3027,
Into Lots 8-1,B-2 8 B-3,
Kalaoa 1318 2nd,North Kona,Island of Hawaii,Hawaii
TMK. 7-3011:068 (SUB-05-000056)
This is in response to your letter of July 18,2014
Please be informed that an eighth extension of time of one(1)year until September 19,2015,for the
completion of subdivision improvements,pursuant to Condition No 7 of the letter of Tentative Approval
dated September 19,2005.is hereby granted
Please be advised that Ordinance No-92-138,adopted by the County Council on December 4, 1992,
amended Chapter 23 of the Hawaii County Subdivision Control Code,reads in part,as follows:
The subdivider shall complete all requirements specified as conditions for approval of the
preliminary plat(tentative approval)within three years of said approval. An extension of not more
than two(2)years may be granted by the director upon timely written request by the subdivider
The ordinance also makes provisions for those pending subdivision applications which were grantedtentativeapprovalpriortotheadoptionofsaidordinance,as follows:
This subsection shall be applied to all subdivision applications which have received tentative
subdivision approval and which have not completed subdivision improvements,provided the three
year period,and extension,it applicable,shall be taken from December 4, 1992 and not from thedaleofpreliminaryplat(tentative)approval”
c, .r a,sa
G i'32110--
ADD n 1 9ntc
Exhihit
Chrystal Thomas Yamasaki,LPLS
Wes Thomas Associates
Page 2
March 30,2015
Therefore,all conditions of the Tentative Approval dated September 19,2005,must be complied with bySeptember19,2015.
Should the conditions of tentative approval not be completed within the time limit,the approval of the
preliminary plat shall expire and shall be of no further force or effect,or shall be subject to the technicalreviewoftheapplicabteagenciesforcompliancewithcurrentcodeandrulerequirements
Should you have any questions.please feel free to contact Jonathan Holmes of this department.
Sincerely,
IIll
D ANE KANUHA
Planning Director
JRHInm
11COH331panisty'Web60333000033 Pmm06WEn¢00120153015>IS1113 05000056Hera 100140 Ci !d8BTE 03 30-15Ex
xc Manager,DWS whetter 07/18/14
Director,DPW whetter 07/18/14
District Environmental Health Program Chief,DOH whetter 07/18/14DistrictEngineer,DOT whetter 07/18/14
Planning Department Kona w/letter 07/18/14
Hers of Lillian Math c/o Deborah McRae
Bruce E.Witcher,PE,Witcher Engineering,LLP whetter 07/18/14REZ1059.SLU 1256
Exhi6it D,. r, ,. ,.
t a
LLee liv.
County of ILawal'1
I'I ANNING DEP\Hi MINI
September I0,2020
Ernest Davis& Elizabeth Eileen Young73-t 3.16 Mahilatti Drive
S:ailca-K;;na, HI 96710 045?
Dear Mr.&Ms.Young:
SUBDIVISION UPDATE
SUBDIVIDER: HEIRS OF LILLIAN MAUI
NEW OWNERS/SUBDIVIDERS: YOUNG,Ernest Davis&Elizabeth Eileen
Proposed Subdivision of Lot B,
Being a Portion of Grant 3027,
Into hots 0-1, 13-2&B-3,
Kalaoa 1•I&2na,North Kona,Island of Hawaii Hawaii
TMK: 7-3-011:06B (SUB-05-0000561
Please be advised that you have come forward as the new owners of the subject property
and have requested that we continue processing this application.
The Change of Zone Ordinance affecting this property has time constraints which have
been seriously neglected. As such,in order to further process the requested extension to
li subdivision process,you must first address the following.
With any allowed administrative time extension,Ordinance No.04 149 (REZ 1059, REZ-
04-0000121
EZ-
04-0000121 has expired on December 8,2014. Therefore,in order to process an additional
extension of time to comply with Condition C(final subdivision approval),submit your
request and reasons,along with 20 copies of that request,which shall be forwarded to the
Planning Commission,with a$250 filing fee. A public hearing will he held by the Planning
Commission,who will forward their recommendation to the County Council.
For assistance with the time extension request,contact fell Darrow of the Planning Division
of this department at jeftdarrowinhawanco nutveov-
t n...ai.r hr.evpps Ms, f -?its,.o,r rOW,/.,,
ErnestDavis iabcU3 Eileen Young Exhibit 7-
September 16, 2020 r.
Ll JI
Page 2
Please be advised that in accordance with Section 23-62(d),Chapter 23.Subdivision Control
Code, by a copy of this letter, we will have the applicable agencies review the subject
subdivision and provide written comments related to compliance with current code and rule
requirements for our reference/use should this action go forward,and a Revised/Amended
TA be issued if required.
Should you have any questions, please feel free to contact flans Santiago at
hgnssat tis o@hawajicounty,goy or Jonathan Holmes at Lung[Ilap fLQfmrsPhawailc4Auly$9V..
Sincerely,
EreC
1ICHAGIJ YE
Planning Director
JRHab
coh33\plannlag\puhla.\Admin Pennit Division\Subdlvielon\3020\2020-3\SUP-0SIlOOo5ovoungucusL01mn6tah,Update 09.1612tieocx
xc: Manager,DWS
Director,DPW
District Environmental Health Program Chief, DOH
District Engineer,DOT
Planning Department-Kona
Chrystal Thomas Yamasaki, LPLS,Wes Thomas Associates
Bruce E.Witcher,PE,Witcher Engineering,LLPREZ1059 (REZ-04-000012,Ord.04 149);SLU 1256(SLU-04-000007,Ord.04 148)
eighbors within 300 het."Exhibit LE
Parcel Results 37 Results
Parcel D: Owner 0 Property Address
7300200800 PCHURCH OF JESUS CHRISTLDS
7300201000A PWILTONWILLIAM H TR 73.4t89 HAWAII BELT ROAD
730020110000 P ROMAN CATHOLIC CHURCH 714179 HAWAII EELTROAD
750020310030 PNAIIWNAGEORGE DAVID 73-1306KAUILANIAKEA DRIVE
NAM UINAMINDYAULII
730030150000 PMOKIAOTED UWINIFREDN TR 733175 HAWAII SECT ROAD
730030760000 PGARANARUENOBITANGA 73-4165 HAWAII BELT ROAD
GARANAJULIANA SIMON
730030270000 PSTATE OF HAWAII
73011018000 PANTHONYLINDA LEE 73.4210 ELUNA STREET
730110190000 PSAWAOAHAROLD T/FUSAE TR 734204 ELUNA STREET
730110703030 PTANAKAJOHNCM 734202 ELUNA STREET
TANAKAMASAKO NGEN TR FBO JOHN TANAKA
TANAKAMASAKO NGEN TR MOO/WINTANAKA
730110210000 PESTRELLARAY CHARLES 73-0200 ELUNA STREET
ESTREL WULIANAALONE M L
730110220000 PZWICKWILIIAMR 734196 EWNA STREET
BREWERVALERIEL
230110230000 PCOSMAANTHONYB 73-4194 ELUNA STREET
730110240000 PMILLSJOHN SR(DECO)714192 ELUNA STREET
730110250000 PGALT,ERNESTTR 73416E ELUNA STREET
730110260000 PTEVES,TERRILYNN MH 73-1222 MAHILANI DRIVE
730110390000 PSEKIOK&PETER TOSHIO 73-4178 ELUNA PLACE
MATSUYAMASEKIOKASTACY MIE
730II043C0W PPCN INC 73-4167HANAPLACE
730110¢6CW0 PBERGBAUERJEFFREY 73-4177 ELUNA PLACE
KLOSTERZACHARV
BERGBAUERCATHERINE
30110470000 PBAGGSFLVNN E 7334179 ELUNA PLACE
730110480000 BAKEWELL,KRISTEEN K 73-1229 MAHILANI DRIVE
COBBJOHN0
73011049000Q PKAIKAKAROBEPT K TR 73-1232 MAHILANI DRIVE
730110500000 PSHIMIZUAKIO TRUST 734187 ELUNA STREET
SHIMIZUJOAM TRUST
730/10510000 PSMITH,JUSTIN PAUL 73-41E9 ELUNA STREET
SMITHNICOLEJANINESANDERLIN
730110520000 P FOUTSBENJAMIN C 73-4193 ELUNA STREET
FOUTSALENAN DR IA
730110530000 P SALCIOOIOHN B MST 73-4195 ELUNA STREET
750110540300 P HASSFURTHERKUPTTHOMAS 714199 ELUNA STREET
HASSEURTHER,KANYARAD
730110E 900Q P LESTE.ELAINE ANN TR 7334201 ELUNA STREET
LIPSCOBNERNON E TR
73011056090 PKALOKO GONG OF JEHOVAHSWNNESSES 734202HAWAII BELT ROAD
730110570000 PIONES.CHERVL RENEE 734205 ELUNA STREET
730110530013 P MCCLUREKEVINJ 734207 FLUNA STREET
MCCLURE.SALLY
730110590000 PMEDINAGARYS 73-4209 ELUNA STREET
MEOINAEVALANIK
730110600000 P MCKEE.STEVENR 734211 ELUNA STREET
STINNETTEMCKEE,SHARON LOU
MACK.MICHELLE MARIE
730110680333 PVOUNGERNESTDAVIS 73-I236MAHILANI DRIVE
YOUNGEIRABETH EILEEN
730110690030 P LEWAN2002 TR 73-4163 MANA PLACE
73011070000 PRIOGOSCAR WILLIAM 13.4159 RANA PLACE
MEANIE/TRAP KEAIA
7301/07/000 P SHANNON,CATHERINE VERONICA 73-4155HANA PLACE
Location Nay rigure 1
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I!wgnrg Orrmre.County oftttixtti`i
DEPARTMENT OF PUBLIC WORKS
Aupuni Center
I 01 Pivahi Street.Suite 7 I lila Rattan 96720-4224
MO 961-8321 -Fax(SOS)061-8630
public yorkset7haxai[county gm
MEMORANDUM
Date: December 23, 2020
To: Zendo Kern, Planning Director
From: Department of Public Works, Engineering Division
Subject:Amendment to Change of Zone Ordinance No. 04 149 (REZ 1059)
Applicant: Ernest Young & Elizabeth Young
Request:Amendment for a Time Extension to Comply with Condition C
Time to Secure Final Subdivision Approval)
Tax Map Key: 7-3-011:068
We have reviewed the subject application and our comments are as follows:
1. DPW has no objection to the applicant's request for a time extension.
2. The subdivision construction plan approval has expired. Applicant shall resubmit
subdivision construction plans to DPW for review and approval.
3. Note that Hawaii Belt Road/Mamalahoa Highway fronting this parcel is a State Right-of-
Way, thus any access requirements off this road is subject to the State Department of
Transportation's review and approval.
Should there be any questions concerning this matter, please feel free to our Kona EngineeringDivisionofficeat323-4850.
NW
Copy: ENG-HILO/KONA
Manning Dept.
Exhibit 2- 138796
County of Elms-ail is an Equal Opv,mmin Provider and Employer.
a`
JI DEPARTMENT OF WATER SUPPLY • COUNTY OFHAWAI'I
4„,301.•-i,*
F 345 KEKUANAO'A STREET,SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808)961-8050 • FAX(808)961-8657
February 3,2021
CON
gPLANNIINNG
GEE
REC'U RRNDUEpLIIVeNt
Ms. Elizabeth E. Young
Mr. Ernest D. Young Jr.
75-5737 Lamaokeola Street
Kailua-Kona, HI 96740
Dear Mr. and Ms. Young:
Subject: Water Commitment Deposit for Change of Zone Ordinance No. 04-149 (REZ 1059)
Applicant— Ernest Young and Elizabeth Young
Tax Map Key 7-3-011:068(SUB 05-00056)
This is to acknowledge receipt ofthe required $150.00 water commitment deposit for a commitment
time extension for the proposed development. We are enclosing Receipt No. 4640619 for your files.
Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment time extension for
the proposed development in the amount of 400 gallons per day, or one(1)additional unit of water at
an average of 400 gallons per day,per unit, is hereby granted until January 31, 2024, with the
following conditions:
1. Construct necessary water system improvements. which shall include, but not be limited to:
a.service laterals that will accommodate 5/8-inch-sized meters to each lot,and
b. subject to other agencies' requirements to construct improvements within the road
right-of-way fronting the property affected by the proposed development, the applicant
shall be responsible for the relocation and adjustment of the Department's affected
water system facilities,should they be necessary.
Submit construction plans and design calculations prepared by a professional engineer.
registered in the State of Hawaii,for review and approval.
2. Remit the prevailing facilities charge, which is subject to change, as shown below:
FACILITIES CHARGE (FC):
Two (2) units of water previously paid
One (1) additional unit 4$6,095.00/unit 6.095.00
Total FC 6,095.00
Planning Dept.Water, Our iMostTreciousWesource. . . 7fit'WaiAxane. . . I ; 9658
Exhibit 3 The Department of Water Supply Is an Eoual Opportunity provider and employ&.
Ms. Elizabeth E. Young
Mr. Ernest D. Young,Jr.
Page 2
February 3,2021
WATER COMMITMENT DEPOSIT:
One (1) additional unit r $150.00/unit 150.00
Total FC 5,945.00
This is due and payable upon completion of the installation of the required water system
improvements and prior to final subdivision approval being granted.
For your information,water commitment deposits are credited towards the final facilities
charge requirement for the development. Note that the amount of water commitment deposit
may exceed the prevailing facilities charge amount; for example, when requests for time
extensions continue and are approved. Until the development is finally completed, these are
separate and unrelated items. In the event that water commitment deposits exceed the facilities
charge, no refunds are applicable,
3.Submit the appropriate documents, properly prepared and executed,to convey the water system
improvements and necessary easements to the Water Board of the County of Hawai`i prior to
final subdivision approval being granted. A registered land surveyor shall stamp and certify the
metes and bounds description within the conveyance documents. However, prior to water
meter services being granted to the development, or any lots within,the conveyance documents
shall be accepted by the Water Board.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
WntAA7\196
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
Enc.
copy - Planning Department
DAVID V IGE ELIZABETH A.CHAP.G.P.
STATE OF HAWAII
DEPARTMENT OF HEALTH s"
F 0..60x916
HMO.HI 96721-091E
MEMORANDUM
DATE: January 13, 2021
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Amendment to Change of Zone Ordinance No. 04-149 (REZ 1059)
Applicant: Ernest Young & Elizabeth Young
Request: Amendment for a Time Extension to Comply with Condition C
Time to Secure Final Subdivision Approval)
TMK: 7-3-011:068
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on
drinking water quality is based on the definition of a"public water system." Federal and state
regulations define a public water system as a system that serves 25 or more individuals at least
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
system.
Concerns on water quality for lead,copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. The
Department of Health does not support the use of these private rain catchment systems for
drinking purposes since the quality may not meet potable water standards.
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment, per HAR 11-20-29.5, titled"Capacity Demonstration
and Evaluation.' This requirement involves demonstration tha he sy%tem w have satisfactoryPlanningwill
Exhibit 4 129237
f i 1
Zendo Kern
January 13, 2021
Page 2 of 6
technical, managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Projects that propos,: development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR 11-20-29. 'fhis section require, that
all new public water system sources he approved by the Director of Health (Director) prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR I 1-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source. In addition, water quality analyses for
all regulated contaminants, performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with ail drinking water standards. Additional parameters may he required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
All public water systems must he operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water system to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2) systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
In addition backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter
I 1-21, titled Cross-Connection and Backflow Control is also required.
All projects which propose the establishment of a potentially contaminating activity (as
identified in the Hawaf i Source Water Assessment Plan) within the source water protection area
Zendo Kern
January 13, 2021
Page 3 of 6
of an existing source of water for a public water supply should address this potential and
activities that will he implemented to prevent or reduce the potential for contamination of the
drinking water source.
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, hack0ow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on January 5, 2021. The CWB has reviewed the limited information contained
in the subject document and offers the following comments:
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
I) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54],
A Section 401 Water quality Certification (WQC) is required if your
project/activity:
Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
May result in a discharge into State waters. The term "discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine it your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army(DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: is1 M.1 taau r,it/.
Zendo Kern
January 13, 2021
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Please see MAR.chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter I 1-54 is available on
the CWB website at:
National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
Storm water associated with construction activities for land disturbances of
one (II acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation,demolition, uprooting of vegetation,
equipment staging, and storage areas.
Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through
ix) and (xi).
Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities.To request NPDES general permit
coverage, you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
Please see HAR, Chapter I 1-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: °
According to State law, all discharges related to the project construction or
Zendo Kern
January 13, 2021
Page5 of 6
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Wafer Quality Standards.
Monitoring
Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
Noncompliance with water quality requirements contained in HAR,Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit:
If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering
Section, CWB, at (808) 586-4309.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46. "Community Noise Control"
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter, please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
t .;iu r,lirr,r , t ,;,,l. Any comments
specifically applicable to this project should be adhered to.
Zendo Kern
January 13, 2021
Page 6 of 6
The same website also features a Healthy Community Design Smart Growth Checklist
Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments.
developers. planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
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STATE HISTORIC PRESERVATION DIVISION N*_M_I••[1
KAKUHIHE1WA BUILDING CDN PLANNING DEI60'KAMOKILA BLVD,Sm 555 FEB 16 2021P143:1KAPOLEI,H:1wAIr 96707
February 9,2021 REC'D BY EMP
IN REPLY REFER TO:
Zendo Kern,Director Project No. 2021PR00037
County of Hawaii.Planning Department Doc,No.2102SN06
101 Pauahi Street,Suite 3 Archaeology
Hilo,HI 96720
planning(Ihawaiicounty.gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review
County of Hawaii Change of Zone Ordinance No.04 149
Application for a Time Extension to Condition C (Securing Final Subdivision Approval)
for Ernest and Elizabeth Young(Landowners)
Kalaoa 1-5 Ahupua`a,North Kona District,Island of Ilawai'i
TMK:(3)7-3-011:068
This letter provides the State Historic Preservation Division's(SHPD's)review ofa request for a time extension in a
County of Hawaii change of zone ordinance (No.04 149)application received by our office on January 12, 2021.
The submittal included a request for the extension,previous County ofHawaii approvals for extensions,a site map.
and a preliminary subdivision plat map.The project area consists of the entire 1.8628-acre parcel,
Project Description
The applicants,Ernest and Elizabeth Young(landowners),are requesting an extension of the referenced condition C
of the Change of Ordinance to complete the requirements for, and to obtain, Final Subdivision approval for the
proposed project area. The current parcel was rezoned in 2004 (by the previous owner Lilian Mahi) from
Agriculture-5 Acres (.A-5a) to Single Family Residential 20000 Square Feet (RS-20) with the specific goal of
subdividing the property into three (3) lots. Tentative subdivision approval for the planned 3-lot subdivision was
granted by the County of Hawaii Planning Department on September 19, 2005.The previous owner(Lillian Mahi)
was not able to complete the change of zoning and final subdivision approvals. The current landowners are
requesting a time extension of5 years in order to complete the requirements in the ordinance.
Findings
Our records indicate Thar this project area was subject to a field inspection conducted by Rechtman Consulting;Inc.
2004). In a letter dated June 29, 2004(Log No. 2004.2006, Doc. No. 0406MM26), SHPD indicated that the field
inspection report provided information regarding the presence of historic properties on an adjacent parcel (Parcel
056), however, the current subject parcel (Parcel 068) had been extensively graded and multiple residential
structures were present at the time.No historic properties were identified on the current parcel. Historic and current
aerial maps confirm that the subject parcel has been previously impacted by the previous development The SHPD
has no new information or records of any known significant historic properties within the proposed project area.
Determination
Based on the information provided above, the SHPD has no objections to the proposed time extension for the
County of Hawaii change of zone ordinance(Condition C)for final subdivision approval.
Please contact Sean Naleimaile at(808)933-7651 or al sean.p.nalcimaile(ahawaii.gov for any questions or concerns
regarding this letter.
Planning Dept.
Exhibit 9 139867
Mr.Kern
February 9,2021
Page 2
Aloha,
4444 Doweet
Alan S.Downer.PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: County of Hawaii Planning Department,planning(dhawaiicountv.eov
Jessica Andrews.)essica.Andrews(¢hawaiicountv.Kov