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HomeMy WebLinkAboutPD BACKGROUND REPORT (REZ 705)BCo,reaAmendREZ7QS.jma-05-05-21 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KRISTILEE & HENRY J. CORREA JR. TRUST AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 13 98 (REZ NO. 705) KRISTILEE & HENRY J. CORREA JR. TRUST has submitted a request for a seven (7) - year time extension of Condition C (time to secure final subdivision approval) and Condition K deadline for fair share payment) of Change of Zone Ordinance No. 13 98, which rezoned 6.0003 acres of land from an Agricultural 3 -acres (A -3a) to a Single Family Residential 10,000 -square feet (RS -10) zoning district. The property is located along the north side of Kawailani Street, adjacent to and east of the Life Care Complex, Waiakea, South Hilo, Hawai`i, TMK: (3) 2-4- 003:021. 1. Request: The applicant, (formerly Puluwai, LLC), is requesting a seven (7) -year time extension to comply with Condition C (time to secure final subdivision approval) which states "Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7) years from the effective date of this amendment." Additionally, the applicant is requesting a seven (7) year time extension to comply with Condition K deadline for fair share payment) the relevant portion of which states "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be 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." The deadline to comply with these conditions was October 9, 2020, pursuant to Ordinance No. 13 98 which amended Ordinance No. 05 110 which amended Ordinance No. 92-7, which changed the district classification from Agricultural 3 -acres (A -3a) to Single -Family Residential 10,000 square feet (RS -10) to allow the subdivision of the property into twenty-one approximately 10,000 -square foot lots. 2. Reason for the Request: According to the applicant, the subject property was purchased as a partnership in 2008. With the downturn of the economy, one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. After resolving the partnership issues and granted a time extension, the applicant began making improvements to the property. However, according to the applicant, they had already started other projects with time requirements mandated by financial institutions involved in funding those projects, making it difficult to continue progress on conditions for the subject proposal. 3. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 — Rezone Amendment Application dated January 21, 2021) 4. Landowner: Henry J. Jr. Trust, Kristilee Correa Trust BACKGROUND INFORMATION 5. January 22, 1992: Effective date of Ordinance No. 92 7 which amended the zoning district classification from Agricultural (A -3a) to Single -Family Residential (RS -10). The applicant was Puluwai, LLC. 6. March 13, 1992: Planning Department issues Tentative Subdivision Approval of the preliminary plat map for Subdivision No. 92-000010. (Planning Department Exhibit 2 Tentative Approval Letter Dated March 13, 1992) 7. March 15, 1993: Planning Department acknowledges submittal of the final subdivision plat map. However, to date subdivision improvements have not been completed and Final Subdivision Approval has not been issued. 8. November 29, 1994: Planning Director grants an administrative extension of time to March 13, 1996 to comply with Condition C of Ordinance No. 92 7. 9. July 13, 2005: Effective date of Ordinance No. 05 110, which amended Ordinance No. 92-7 to allow amendments for Condition B (time to secure water commitments), Condition C (time to submit and secure final subdivision approval) and Condition 0 annual progress report submittal), deadline date July 13, 2010. 10. October 9, 2013: Effective date of Ordinance No. 13 98, which amended Ordinance No. 05 110 to allow amendments for Condition C (time to secure final subdivision approval) and Condition K (deadline for fair share payment), deadline date October 9, 2020. DESCRIPTION OF STATE AND COUNTY PLANS 11. General Plan LUPAG Map Designation: Low Density Urban. 12. State Land Use District: Urban. 13. County Zoning: Single -Family Residential (RS -10). 14. Hilo Community Development Plan (CDP): The Hilo CDP was adopted by the Planning Commission, Resolution No. 1 on May 21, 1975. The Land Use Concept Map reflects RS -10 and RS -15 zoning for this area. 15. Special Management Area (SMA): The property is not located within the Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREA 16. Subject Property: The property is rectangular in shape and is 6.0003 acres in size. The site has been cleared and is currently vacant of uses and structures. 17. Surrounding Zoning/Land Uses: The surrounding properties to the north, east and west consists of lots zoned A -3a. The property to the west is the site of the Life Care Center, which was approved by Special Permit No. 187 in 1971. Further west is the Kula Ridge Residential Subdivision consisting of lots zoned RS -15. Further east is the Komohana Estates Subdivision consisting of lots zoned RS -15. To the south across West Kawailani Street is the Ku`ulei Subdivision consisting of lots zoned RS -10, as well as other single- family residential subdivisions. 18. Flood Zone: According to the previous Flood Insurance Rate Map (FIRM) prepared by the U.S. Army Corps of Engineers, the project site was determined to be in Zones "X", an area outside the 500 -year flood plain, and "AH", an area of flood depths of 1 to 3 feet. The FIRM designated this area as a portion of the Waiakea Stream Tributary No. 1. According to DLNR flood maps, the portion designated AH runs through the middle of the property in a north -south direction. FEMA previously issued a Conditional Letter Of Map Revision (CLOMR) based on the proposed construction plans and the applicant will need to determine whether this is still in effect. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property will be from an adjacent 50 -foot roadway lot that runs along the western boundary, which connects to West Kawailani Street. Condition D of Change of Zone Ordinance No. 05-110 states that access to the proposed lots shall meet with the approval of the Department of Public Works. Other conditions of the ordinance require that driveway connections to Kawailani Street shall conform to Chapter 22, County Streets, of the Hawai`i County Code, with interior subdivision roads provided with curbs, gutters and sidewalks meeting with the approval of the Department of Public Works. Additionally, Condition F requires a 10 -foot wide road widening strip along the Kawailani Street frontage of the property. Lastly, a condition of tentative subdivision approval for SUB 92-000010 requires an additional 10 -foot wide "no vehicular access" planting screen easement along with the 10 -foot wide road widening strip, which runs along the Kawailani Street frontage of the property. 20. Water: County water is available for the proposed development. According to a February 2, 2021 letter from Department of Water Supply (DWS), the applicant has paid the required water commitment deposit fee of $3,000. As such, DWS confirms that a water commitment for the proposed development in the amount of 8,000 gallons per day, or twenty (20) additional units of water at 400 gallons per day, per unit, is granted until February 28, 2024. 21. Wastewater: Condition H requires that the method of sewage disposal shall meet with the approval of the appropriate government agencies. The nearest County sewer line is located over a mile to the north of the property. In a memo dated March 30, 2021, The Department of Environmental Management recommends that the applicant do either of the following: I) Construct a dry sewer to the subdivision and provide an onsite treatment system; or 2) require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. The original application stated that sewage disposal would be by individual treatment systems. 22. Utilities/Services: Police services are available at the main station on Kapiolani Street and fire protection services are located in close proximity on Haihai Street near the Hilo 4- Municipal Golf Course. Electric and telephone services are available to the site. AGENCIES' COMMENTS 23. Department of Water Supply: (Planning Department Exhibit 3 — March 12, 2021 Letter and February 2, 2021 Letter) 24. Department of Environmental Management: (Planning Department Exhibit 4 — March 30, 2021 Memo) AGENCIES - NO COMMENTS/CONCERNS 25. Fire Department, Police Department, Department of Public Works - Engineering, Department of Land and Natural Resources, Land Division & Engineering Division, Department of Health AGENCIES - NO RESPONSE 26. Office of Housing and Community Development, Real Property Tax Office, Department of Education. PUBLIC COMMENTS 27. Letter of opposition from David Wong, dated March 15, 2021 (Planning Department Exhibit 5). APPLICANT'S RESPONSE TO PUBLIC COMMENTS 28. Letter from Henry Correa III, dated May 14, 2021 (Planning Department Exhibit 6). Request for an Amendment to Ordinance No. 2013-098, Bill No. 104 Allow for an Extension of Time to Meet the Conditions of the Ordinance TMK (3) 2-4-003:021 Planning Dept. Exhibit County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, HI 96720 January 6, 2021 Subject: Request for an Amendment to Rezoning Ordinance (No. 2013-098 — Bill No. 104); Allow for an Extension of Time to Meet the Conditions of the Ordinance. TMK: (3) 2 -4 -003 -(POR.) 021 Owner: Kristilcc and Henry J. Correa Jr. Trust Agents: Henry J Correa III & Jonathan Correa To Whom It May Concern: The owners of the subject property are requesting an extension of time of seven (7) years allowance for the completion of conditions "C" & "K". To address condition "C" as per Ordinance No. 2013-098, Bill No. 104: C. Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7) years from the effective date of this amendment, October 9, 2013. After having resolved the previous partnership issues, Mr. & Mrs. Correa began making improvements to the property. Those improvements include grading and preping of the lot (permit # 5960) and stockpiling (permit # 5961). Around the time of receiving the Time Extension dated October 9, 2013 for Condition C & K, Mr. & Mrs. Correa had started or were in the early phase of other projects. Many of which had time requirements implemented by the financial institutions involved with funding the projects. This made it difficult to make any real progress with the subdivision and is ultimately the reason for its incompletion. At this time, Mr. and Mrs. Correa no longer carry the above-described burdens and are ready to move forward with the completion of the subdivision. To address condition "K", as per Ordinance No. 2013-098, Bill No. 104: K. The application shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lots counted are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the maximum density for each lot, as determined by the zoning resulting from the change of zone. The fair share contribution in the form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $13,081.99 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of nineteen (19) single-family residential units, the indicated total of fair share contribution is S248,557.8I for the single-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. The fair share contribution per single-family residential unit shall be allocated as follows: 6,308.37 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $119,859.03 to the County to support park and recreational improvements and facilities. 304.32 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of 55,782.08 to the County to support police facilities. 601.06 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $11,420.14 to the County to support fire facilities. 263.15 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $4,999.85 to the County to support solid waste facilities. 5,605.09 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $106,496.71 to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land, and/or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. In response to "K", the requirements of the fair share contribution: As the effective date of this amendment was October 9, 2013, Mr. and Mrs. Correa understand that there will likely be an adjustment of the fair share contribution to an approved amendment. Please note that due to the situation regarding "other projects and financial pressure" no fair share contribution has been made to date. To address condition "S", as per Ordinance No. 2013-098, Bill No. 104: U. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include, but not limited to, the status of the development and the extent to which the conditions of the approval are being satisfied. This condition shall remain in effect until all of the conditions of the approved have been complied with the Planning Director acknowledges that further reports are not required. After conferring with Planning Department staff, the best way to address an extension request is to request an additional amendment, based on the information provided herein. The applicant is requesting a seven (7) year allotment of time to complete the conditions of the original ordinance. This request would allow for the time needed to complete the proposed subdivision. Reason for Request: The subject parcel was purchased as a "partnership" in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership; Mr. Correa bought out that portion of the property. In 2012, the other partner was also forced to withdraw from the partnership. Again, Mr. Correa bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. However, Mr. & Mrs. Correa are requesting an amendment to the ordinance to allow for an extension of time for the performance of conditions. After having resolved the previous partnership issues and granted another extension for the rezoning ordinance, Mr. and Mrs. Correa began making improvements to the property. Unfortunately, around the same time as Mr. and Mrs. Correa were granted the extension, they had already started or were about to start other projects. Many of which had time requirements mandated by the financial institutions involved in funding those projects. This made any real progress on the project very difficult both financially and time wise. Now that Mr. and Mrs. Correa have finished all other projects and are free from those time and financial burdens, they arc ready to move forward with the subdivision. Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7) years from the effective date of this amendment, October 9, 2013. The resolution of the partnership situation created an environment where moving forward with the required timeframe became very difficult. The lack of partners didn't allow for leveraging of both financial and logistical needs to complete the subdivision. With other projects that Mr. and Mrs. Correa had stringent time and financial obligations to, they could not move forward how they had intended to without clearing up those other projects causing them burden. Now that there are no other such projects, Mr. and Mrs. Correa are able to effectively move forward with the completion of the subdivision. The subject ordinance was approved by the County of Hawaii, County Council on October 9th, 2013. The ordinance (No. 13-98) was amended as follows: Section 1, 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) is amended to the change the district classification of property described herein as follows:" The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Single Family Residential — 10,000 square feet (RS -l0)" An extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants or assigns; and are not the result of their fault or negligence. The subject parcel was purchased as a "partnership" in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership. Mr. Correa bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, Mr. Correa bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. After which other projects which bore heavy financial and time burdens on Mr. and Mrs. Correa. At this lime, Mr. and Mrs. Correa are not restricted by said burdens any longer and arc requesting an amendment to the ordinance to allow for an extension of time for the performance of the conditions. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. In 1991, at the time of the original approval of the Change of Zone, #90-44. The requested zone change conformed to the General Plan Land Use Patten Allocation Guide LUPAG) Map which designated the property for Low Density Urban Development. Such a designation allowed for single-family residential uses, provided that applicable goals, policies, and standards of the General Plan were met. Furthermore, the proposed zoning was consistent with the recommendation of Hilo Community Development Plan. 3. Granting of the time extension would not be contrary to the original reasons for granting of the Change of Zone. Based on the original approval, it was determined that the requested zone change would still result in an appropriate land use pattern that will continue to further public necessity, convenience and the general welfare. Thank you for your consideration of this matte Sincerely, Henry J. Correa III Exhibit 1 Ordinance No. 2013-098, Bill No. 104 Effective Date: October 9, 2013 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 104 ORDINANCE NO. 13 98 AN ORDINANCE AMENDING ORDINANCE NO.05 110 WHICH AMENDED ORDINANCE NO. 92 7, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 3 ACRES (A -3a) TO SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS -10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-003:POR. 021. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 05 110 is amended as follows: SECTION I. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at [Waiakea] Waiakea, South Hilo, Hawaii, shall be Single Family Residential — 10,000 square feet (RS -10): SECTION 2. [ In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition) the County Council finds the following condition is: Necessary to prevent circumstances which may be adverse to the public health safety and welfare; or 1) Reasonably conceived to fulfill needs directly emanating&om the land use proposed with respect to: Al Protection of the public from the potentially deleterious effects of the proposed use. or Bl Fulfillment of the need for public service demands created by the proposed use. Wm applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of approval; t]The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this amendment; C. Final Subdivision Approval of the proposed subdivision development shall be secured within [five (5)]seven (7] years from the effective date of this amendment; a]Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Interior subdivision roads shall be provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; E. [u)Underground utilities shall be constructed; F. [a]A 10 -foot wide road widening strip along the Kawailani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; G. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works; H. The method of sewage disposal shall meet with the approval of the appropriate government agencies; I. [a]All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; s]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 - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken; K. [t]The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final [lrien]Subdivision Approval [or-with'n `ve ;,-.*.mfrom the The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of [$9,674744]$13,081.99 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of nineteen (19) single- family residential units, the indicated total of fair share contribution is 183;757,36]$248557.81 for the single-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. The fair share contribution per single-family residential unit shall be allocated as follows: 81,663.74]$6,308.37 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of [$88,,61-1-.06]$I 19,859.03 to the County to support park and recreational improvements and facilities; 224.9g]$304.32 per single-family residential unit for the nineteen 19) single-family residential units for an indicated total of 1,271.62]$5.782.08 to the County to support police facilities; 44436]$601.06 per single-family residential unit for the nineteen 19)single-family residential units for an indicated total of 8-04284]$11,420.14 to the County to support fire facilities; 194.55]$263.15 per single-family residential unit for the nineteen 19) single-family residential units for an indicated total of 3,696.45]$4 999.85 to the County to support solid waste facilities; 1,113.81]$5.605.09 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of [$78,732.39]$106,496.71 to the County to support road and traffic improvements; In lieu of paying the fair share contribution, the applicant may contribute land and/or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council; MjL. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; M. [t]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 II, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval; 07]N. [r]Restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval. A copy of the recorded covenant shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; WP_ t]There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated "AE" , "AH" or "shaded" Zone "X" by the Flood Insurance Rate Maps FIRM) except that subdivision roads can be building in "shaded" Zone "X". Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; s]Should any infrastructure improvements related to Kawailani/Komohana intersection be required of future developers, the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation with the Department of Public Works or any County agency having jurisdiction over any future infrastructure improvements; 1E]Q, [t]The applicant, successors or assigns shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use prior to the sale of any lot; R. [t]The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; 8:]S. [a]An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and V7]T. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and struck through and material to be added is underscored. 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: Hilo Hawaii Date of Introduction: September 5, 2013 Date of 1st Reading: September 5, 2013 Date of 2nd Reading; September 18, 2013 Effective Date: October 9, 2013 WERIElla Car 368 MEMBE COUNTY OF HAWAII SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBE COUNTYI Hilo ,Hawai`i Date of Introduction: September 5, 2013 Date of 1st Reading: September 5, 2013 Date of 2nd Reading: September 18, 2013 Effective Date: October 9, 2013 PES Coma 368 3/A, OF HAWAII KRISTILEE & HENRY CORREA AL TRUST REZ 705 (90-000044) (Amendment to Ordinance No. 05 110 which amended Ordinance No. 92 71 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo. Hawaii Introduced Bs'. Zendo Kern iB/R) Dale haroduced. September s, 2013 First Reading. September 5, 2013 Published September 14, 2013 REMARKS' Second Reading: September 18, 2013 To Mayor September 26, 2013 Returned: October 9. 2013 Effective: October 9 2013 Ablisbed: October 17, 2013 REA1ARKS COU?!TY CLERK 2013 OCT -9 PM 3 22 L ROLL CALL VOTE AYES NOES ABS EX Eo X Ford X Ilagan X Kanuha X Kern X Ford X Onisht X Hagan X Poindexter X Kanuha X Wille X Kern X Yoshimoto X Onishi X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS FX ton• A Ford X Hagan X Kanuha X Kern X Onishi X Poindexter T X Wille X Yoshimoto X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. A'h Pd/Disap oved this day f 20 r MA R. COUNTY OF HAWAII CO 'CIL CH PE N OUNTY CLERK Bill No. Reference: Ott r...... 104 C-368/PC-42 13 96 Exhibit 2 Annual Progress Report The applicant, successors, or assigns shall be responsible for complying with all of the stated conditions of the approval; The subject parcel was purchased as a "partnership" in 2008. With the downturn of the economy, one of the partners were unable to continue and withdrew from the partnership; Mr. Correa bought out that portion of the property. In 2012, the other partner was also forced to withdraw from the partnership. Again, Mr. Correa bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. Due to the economy's effect on the partnership, conditions were unable to be addressed or completed. However, Mr. & Mrs. Correa are requesting an amendment to the ordinance to allow for an extension or time for the performance of conditions. After having resolved the previous partnership issues and granted another extension for the rezoning ordinance, Mr. and Mrs. Correa began making improvements to the property. Unfortunately, around the same time as Mr. and Mrs. Correa were granted the extension, they had already started or were about to start other projects. Many of which had time requirements mandated by the financial institutions involved in funding those projects. This made any real progress on the project very difficult both financially and time wise. Now that Mr. and Mrs. Correa have finished all other projects and are free from those time and financial burdens, they are ready to move forward with the subdivision. B. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of this amendment; A water commitment payment was submitted to the DWS but has since expired. Another water commitment will be submitted with the approval of the requested amendment. C. Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7) years from the effective date of this amendment, October 9, 2013; After having resolved the previous partnership issues, Mr. & Mrs. Correa began making improvements to the property. Those improvements include grading and prepping of the lot (permit # 5960) and stockpiling (permit # 5961). Around the time of receiving the Time Extension dated October 9, 2013 for Condition C & K, Mr. & Mrs. Correa had started or were in the early phase of other projects. Many of which had time requirements implemented by the financial institutions involved with funding the projects. This made it difficult to make any real progress with the subdivision and is ultimately the reason for its incompletion. At this time, Mr. and Mrs. Correa no longer carry the above-described burdens and are ready to move forward with the completion of the subdivision. D. Access to the proposed lots shall meet with the approval of the Department of Public Works. All driveway connections to Kawailani Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Interior subdivision roads shall he provided with curbs, gutters, and sidewalks meeting the approval of the Department of Public Works; To date, no driveway connections have been made, either on the exterior or interior of the proposed subdivision. E. Underground utilities shall be constructed; To date, no utility work has been constructed on the proposed subdivision. F. A 10 -foot wide road widening strip along the Kawai I ani Street frontage of the property shall be set aside and delineated on the subdivision plans. All structural setbacks shall be taken from this future road widening line; The required ten (10) foot wide road widening strip will be included within the plans for the final subdivision. All structural plans setbacks will he taken from the future road widening line. A drainage study of the property, if required, shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Drainage improvements, if required, shall be constructed, meeting with the approval of the Department of Public Works; A civil engineer has been consulted and will provide all necessary drainage information prior to final subdivision plat. H. The method of sewage disposal shall meet with the approval of the appropriate government agencies; A civil engineer will be consulted to provide design(s) and approval(s) for individual wastewater systems (IWS) with the appropriate government agencies. 1. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties; Any and all development -generated runoff will be disposed of on site and will not be directed toward any adjacent properties. 1. 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 State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken; The requirements and concerns of the DLNR-SIIPD are fully understood and will be observed throughout the construction of the proposed subdivision. K. The application shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lots counted are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval. The fair share contribution for each lot shall be based on the maximum density for each lot, as determined by the zoning resulting from the change of zone. The fair share contribution in the form of cash, land, facilities, or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of 13,081.99 per single-family residential unit. Based upon the applicant's representation of intent to develop a total of nineteen (19) single-family residential units, the indicated total of fair share contribution is 5248,557.81 for the single- 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. The fair share contribution per single-family residential unit shall be allocated as follows: S6,308.37 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of 5119.859.03 to the County to support park and recreational improvements and facilities. S304.32 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of 55,782.08 to the County to support police facilities. S601.06 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of 511,420.14 to the County to support fire facilities. 5263.15 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of 54,999.85 to the County to support solid waste facilities. 5,605.09 per single-family residential unit for the nineteen (19) single-family residential units for an indicated total of $106,496.71 to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land, and/or construct 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 review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. As the effective date of this amendment was October 9, 2013, Mr. and Mrs. Correa understand that there will likely be an adjustment of the fair share contribution to an approved amendment. Please note that due to the situation regarding "other projects and financial pressure" no fair share contribution has been made to date. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exaction or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; To date the county council has not adopted a Unified Impact Fees Ordinance. 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 Policy. This requirement shall be approved by the County Housing Agency prior to final subdivision approval; The applicants reaffirm that they will comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to the Affordable Housing Policy. Restrictive covenants in the deeds of all residential zoned lots shall prohibit the construction of a second dwelling unit and condominium property regimes on each lot. This restriction may be removed by amendment of this ordinance by the County Council. The owner of the property may also, in addition, impose private covenants restricting the number of dwellings. A copy of the proposed covenant(s) to be recorded with the State Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to the issuance of final subdivision approval. A copy of the recorded covenant shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; O. There shall be no construction of single-family dwellings and related improvements, other substantial buildings, or subdivision roads within areas designated "AE" , "AII" or "shaded" Zone "X" by the Flood Insurance Rate Maps (FIRM) except that subdivision roads can he building in "shaded" Zone "X". Restrictive covenants in the deeds of all lots shall give notice of the terms of this rezoning condition. No residential lots may be created which lack a buildable area. This restriction may be removed by amendment of this ordinance by the County Council. A copy of the MTTCHELI. D. ROTH MAYOR DEANNA S. SAKO FINANCE DIRECTOR STEVEN A. HUNT DEPUTY DIRECTOR COUNTY OF HAWAII Department of Finance - Real Property Tax Aupuni Center. 101 Penh! Street Suite 4I Hilo Hawaii 96920.42241 Fax (808)961-4224 Appraisers(808)961-83541 Clerical (808)961-8201 [Collections (808)961-8282 West Bewail Civ,c Center 4-5044 Ane Keohokalole Huy I Bldg D 2nd Floor I Kailua Kona, Hawaii 96740 Fax (808)32035381 Appraisers (808)323-4 881 1 Clerical (808)323-4880 REAL PROPERTY TAX CLEARANCE Date: Friday, January 08, 2021 TMK: (3)2-4-003-021-0000 Correa,Henry J Jr Trst 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 June 30, 2021. 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 Correa,Henry J Jr Trst et al and is issued for this parcel only. by Ke sey Shimabukuro,Clerk III REA PROPERTY TAX DIVISION Paid up to and including June 30, 2021. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(212018) Te32smaw Hawaii County is an Equal Opportunity Provider and Employer proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for review and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; Should any infrastructure improvements related to Kawailani/Komohana intersection be required of future developers, the applicants, successors or assigns of this project shall work with the Planning Department to pay for their pro rata share of improvements. The pro rata share determination and its implementation shall be approved by the Planning Department in consultation with the Department of Public Works or any County agency having jurisdiction over any future infrastructure improvements; Q. The applicant, successors or assigns shall be responsible for paying any additional real property taxes owed as a result of withdrawing the property from dedicated agricultural use to residential use prior to the sale of any lot; R. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements; S. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the amendment to the ordinance. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; After conferring with Planning Department staff, the best way to address an extension request is to request an additional amendment, based on the information provided herein. The applicant is requesting a seven (7) year allotment of time to complete the conditions of the original ordinance. This request would allow for the time needed to complete the proposed subdivision. T. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action LOT 20 IEGIN WV PA POST 1114-1 ION • PNIVPME RE14.7 SVM S PRT LOT 4 SIGNS M PRVT ROADS LOT II LOT 10 LOT 17 wT LOT 2 LOT 16 LOT 15 LE 46 LV/ 10RI1 11/512020 htlps://reserver4hI1waiiinforn tion. com/REsexah6/REse ch/Acti o Mffinw Prin t/mein_ I5 TMK DATA Taxkey 3-2-4-3-21 Subdiv/condo Tar Address Zip Owner/Lessee ads laths WAIAKEA F HOMESTEADS 3-2-4-3-35 WAIAKEA F HOMESTEADS 3-2-4-3-41 WAIAKEA F HOMESTEADS WAIAKEA F HOMESTEADS 3-2-4-3-76 WAIAKEA F HOMESTEADS 3-2-4-4B-51 KOMOHANA F ESTATES 3-2-4-48-52 KOMOHANAESTATES 870KAWAILANI ST 96720 CORREA,HENRY 0 0 3 JR TRST 96720 WUNG, 1 L DAVID/ETAL 96720 WUNG, BETTY Y 4 1 J REVOC LIV TR 994 W 96720 HILO MEDICAL 0 0 KAWAILANI INVESTORS LTD ST 940 W 96720 WUNG, JENNIES 3 KAWAILANI TR 1306 5 96720 HORITA, JOHN K 2 KUMUWAINA TR/ETAL PL F 1312 S 96720 KIM, CLARENCE KUMUWAINA & IRIS Y AHUALANI F SUBDIVISION KUULEI F 3-2-4-67-2 KUULEI 3-2-4-67-37 KUULEI 3-2-4-67-38 KUULEI 3-2-4-67-64 KUULEI 3-2-4-67-65 KUULEI 3-2-4-67-66 3-2-4-67-67 3-2-4-67-68 3-2-4-67-69 KUULEI KUULEI KUULEI KUULEI 3-2-4-67-125 KUULEI 3-2-4-67-129 KUULEI 3-2-4-67-130 KUULEI PL 1357MALIAN' ST 1359KUULEI ST F 1377KUULEI ST F 1371 MONA LP F 1387 MONA LP F 1402 MONA LP F F 1398 MONA LP F 1392 MONA LP F 1386 MONA LP F 1376 MONA LP F 871 WKAWAILANI ST F 1760 MONA 96720 MAKUAKANE- 6 LP JARRELL, JONI M L/ETAL F 901 W 96720 TOMORI, OWEN 3 KAWAILANI K/ETAL ST 1400 MONA LP Land area Liv Last Sale Instr Price 6.00 ac 0 4/30/2008 DEED 1000 area 3.13 ac 480 9/30/2002 DEED 173556 1.00 ac 1,284 3.00 ac 71,912 10/27/1926 DEED 4100000 2 1/2 3.00 ac 1,559 12/28/1995 L 7406 2 1/2 16,962 sqk 1,788 4/18/1988 DEED 42500 3 2 17,048 sqft 2,022 9/30/1980 DEED 38500 96720 MENDONSA, 4 3 11,388 sqft HAROLENE A -C 96720 KENT, LORETTA 3 2 10,807 sqk A TR 96720 MATHISON, 3 2 1/2 10,000 sqk KENNETH W & YVONNE M 96720 HAYAKAWA, NAOMI TR 96720 OSHIRO, JANICE 3 M TR 96720 AMARAL, DUSTIN 1 & LISA -ANN C E 96720 OCHIKUBO, 3 STEPHEN REV TR/ETAL 96720 DINGLE, PETER 4 2 12,265 sqk S& GLADYS D 96720 YANAGI, TRACY 3 3 10,521 sqk K E FMLY TR 96720 AGLIAM, ALLEN 4 2 10,940 soft C 96720 MATSUSHITA, 4 3 10,976 sqft ROBIN T & COLLEEN 96720 HIRATA, KIKU 3 TRS/ETAL 1,652 4/17/2019 DEED 380000 1,490 3/18/2013 DEED 270000 1,932 6/29/1990 QD 2000 3 2 10,001 sqk 2,092 10/31/1986 DEED 135000 2 10,001 sqft 1,651 10/23/1987 DEED 119000 3 1 1/2 10,575 sqft 1,524 8/21/2006 DEED 408000 2 1/2 11,642 sqk 1,542 3/20/1979 DEED 25500 1,870 10/19/2007 DEED 1,733 7/6/1994 DEED 1,720 L1/14/2001 DEED 1,856 3/6/2001 DEED 390000 178000 175000 164500 1 1/2 30,839 sqft 912 3 34,887 sqk 4,579 4/9/2010 DEED 375000 1 1/2 22,060 soft 1,726 12/24/1980 DEED 66000 This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is, therefore, not guaranteed. httpsl/rescrvcr4.hawaiiinformalion corn/REsw¢h6/REscarch/ActionMcav:Print/main_15 I/I March 13, 1992 Mr. Dennis Shigeoka, P.E. The Keith Companies -Hawaii, Inc. 400 Hualani Street, Suite 20-D Hilo, HI 96720 Dear Mr. Shigeoka: Subdivider: Kawailani Estates Partnership Proposed subdivision of Lot 619-A-1 Into Lots 1 to 21, Inclusive Being portion of Grant 10,897 Waiakea Homesteads, 2nd Series, Waiakea, South Hilo, Hawaii TMK' 2-4-03:21 (92-10) Please be informed that tentative approval of the preliminary plat is hereby granted with modifications and conditions. The subdivider is now authorized to prepare detailed drawings of the plan in accordance with Chapter 23, Subdivision Control Code, County of Hawaii, as modified. Before final approval can be granted, the following conditions must be met: 1. Provide a water system meeting with the approval of the Department of Water Supply. 2. Submit water system construction plans for approval by affected agencies. 3. Pay installation and facilities charges as required by the Department of Water Supply. 4. Final plat map shall contain all of the requirements of Chapter 23, Subdivision Control Code, Sections 23-63 thru 23-69. 5. Identify the location and direction of all watercourses or any areas subjected to inundation by a 100 -year storm. Identify all such areas by drainage easements. Planning Dept. Exhibit 2- MpR Mr. Dennis Shigeoka Page 2 March 13, 1992 6. Submit drainage calculations and flood control plan (local drainage and flood control provisions). 7. Indicate Q before and after subdivision development. No additional storm run-off to adjacent properties or roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. Indicate how this will be accomplished. 8. Portion of subdivision is located within Zone "AH" and affected by the Limit of Detailed Study on the Flood Insurance Rate Map (FIRM). All reviewing agencies shall be informed of the special flood hazard designation. As required by Chapter 27, all subdivisions within special flood hazard areas shall: a. Have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage; b. Have adequate drainage provided to reduce exposure to flood damage; c. Identify the areas of special flood hazards on the final plat map by drainage easements; d. Indicate the base (100 year) flood and ground elevation of all lots on the final plat map; e. Submit drainage calculations (flood study) prepared by a registered professional civil engineer. 9. Roadway design shall fallow the standards of the"Hawaii Statewide Uniform Design Manual for Streets and Highways" and Chapter 23, Subdivision Control Code. 10. Provide street lights as required. 11. Submit sewage disposal plan in compliance with State Department of Health requirements. 12. Submit all reports, plans and approvals that are submitted to or from the Federal Emergency Management Agency (FEMA) including Letter of Map Revision (LOMR). 13. Adjust the future road widening to read "10 -foot wide future road widening setback." Mr. Dennis Shigeoka Page 3 March 13, 1992 14. Adjust the 10 -foot wide "no access" planting strip to be relocated adjacent north of the future road widening setback and relabled 10 -foot wide "no vehicular access" planting screen easement. 15. Provide minimum 16 -foot wide nondedicable pavement within the 20 -foot wide private roadway. 16. Provide minimum 32 -foot wide dedicable pavement within Roadway Lot "A", with curbs, gutters and sidewalks. 17. Provide minimum 36 -foot radius dedicable pavement with curbs, gutters and sidewalks within the 45 -foot radius circular turnaround. Cross slopes within shall not exceed 5 -percent. 18. The following requirements applies to the existing 50 -foot wide Road and Utility Easement: a. The subdivider shall fully improve the entire roadway easement consisting of providing minimum 32 -foot wide dedicable pavement with curbs, gutters and sidewalks. b. Submit a proof of legal access allowing the proposed subdivision to utilize the subject roadway easement. c. Submit the subject's as -built construction plans to Department of Public Works for review and comment. If the applicant chooses to use the existing roadway pavement, the pavement section shall be constructed to County Dedicable Standards. d. Relocate the existing water valve and fire fronting Roadway Lot "A". e. Reconstruct the low area, where ponding is fronting proposed Lot 2. f. g• hydrant, occurring, Remove the two (2) A.C. speed bumps along the roadway easement. The subdivider shall coordinate all improvements with Hilo Medical Investors, Ltd. h. DPW recommends that the entrance to Life Care Center of Hilo be aligned with the proposed Roadway Lot "A", by continuation of their respective centerlines thereof. Mr. Dennis Shigeoka Page 4 March 13, 1992 19. The applicant shall be reminded that Roadway Lot "A" cannot be properly dedicated to the County unless the existing 50 -foot wide Road and Utility Easement is fully improved, set aside as a roadway lot, and dedicated to the County. 20. Submit a sight distance report consisting of the required and available sight distances at all access and intersection points. The required sight distances shall be based on the posted speed limit plus 5 Miles Per Hour MPH). Adequate sight distances shall be provided at all access and intersection points or the proposed subdivision shall be reconfigured. 21. Submit construction plans for review and comments. 22. Comply with all conditions of approved Change of Zone Ordinance No. 92 7. 23. Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 24. Submit nine (9) copies of the final plat map within one year from the date of tentative approval. If not, tentative approval to the preliminary map shall be deemed null and void. Only upon written request from the applicant and for a good cause can a time extension be granted, provided it is submitted forty-five (45) days before the expiration of said period of one year. Subdivider shall be informed that if drywells are included in the subject subdivision improvements, Chapter 23, Underground Injection Control (UIC), Administrative Rules, Department of Health, prohibit any person from operating, constructing or modifying an injection well (drywell) unless authorized by a permit issued by the Director of Health, State of Hawaii. Furthermore, should dedication of roadways including drywells be contemplated, the Department of Public Works will not approve dedication roadways prior to compliance with Chapter 23, UIC, Administrative Rules. You should be aware that if at any time during the fulfillment of the foregoing conditions that environmental problems emerge -- problems which were earlier overlooked or not anticipated/accounted for in data/reports available to date --this should be sufficient cause to immediately cease and desist from further activities on the proposed subdivision, pending resolution of the problem(s). The Planning Director shall confer with members of the Subdivision Technical Review Committee or other concerned agencies to resolve the problem and notify you accordingly. Mr. Dennis Shigeoka Page 5 March 13, 1992 No final approval for recordation shall be granted until all the above conditions have been met. Land shall not be offered for sale, lease or rent until final approval for recordation of the subdivision. Should you have any questions, please feel free to contact Ed Cheplic or Wally Matsunami of this office. EC: lm 4695D Attach. Sincesaly,r,F, j„ NORMAN Ki HAYASHI Planning Director V xc: 4 engineers Kawailani Estates Partnership Rez. 705, Sub. 5789, PA 2337 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUAN4OEA STREET. SUI IF 2H • HI HAWAr 19672C TFLE>HONE ISIB Ho'-6JSI • I. < l:r, 431-ht,n! Match I 21121 10: Illy. /endo Kern. Director Planning Dcp:ntmcnt I112OM: Keith K. Okamoto. Manager Chid. Engineer SIiuICCF: ,Awcndment to (hang.of Zone Onlivancc No. 13-098 (12IJ. 705) Applicant - Kristilee and I lcnr .l. Corrca.Yr. Trost Request — Amendment for a Seven -Year Time Extension to Condition C Time to Complete Construction) and Condition K (Fair Share) Tax Map Key 2-4-003:021 We has res ie"ed the subject application and have the followrue continents and conditions. Our comments from our hlcntorandunt dated Lehman 2. 2021, to I Ienry Costa Jr. and copied to your department. regarding the subject application. stili stand. Should there he any questions. please contact Mr. 17n> Samara of our Water Resources and Planting Branch at 961-3070, extension 255. L S inecrek sours. Keith K. Okamoto. P.I(. Manager -Chief Engineer since I Icnia I. (Tal III. I rust Planning Dept. Exhibit 3 Nater, Our 914ost (Precious (Resource ... '1(a 'Wai A xane . . Tne Department of Water Suppy an Equai Oppodunty provider and employer 140390 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 575 R.-KUANAO A. STRFE7 5'J'. Tr 2 r iLO HaviiAt 196720 I.r. I lean Comm. l:. lank Correa Really. LL C Correa Professional Ruild'umg 650 Kilauea Avenue. Suite 101 Milo, HI 96720 L n- Mr. Cor eo. Subject Water Commitment Deposit for Su hdivision Application No. SUB 92-000011) Subdivider: Anekona Kawailani, LLC Tax Map Key 2-4-003:021 FEB 2`«027 l his i. to tuk nnwledve receipt of the 83.000.110 anter co iniunenl Jepuvil for :he subject applinuiuu. N'e are credos u& Rec_ipt No. 4641750 for' our files. Pursuant to Rule 5 of the Department's Rules and Regulations. a water coin the amount of8,000 gallons per dap. or twenty (201 additional units of vete torch}' granted until February 28. 2024. with lie follmwim+ conditions' nen pmposec per day. Construct neeessary water system improvements, which shall include, but not be liniiet REC'13 ;'Y FRIInr elopment in k on-site nater mains shall be capable of delivering water at adequate pressure and volume under pads -110w conditions: minimum diameter of antin, shall be 6 inches. h stn ice laterals that w ill accommodate 51 -inch stied meters to each lot. and c. installation of hit." h).drantz spaced no more than (500 Feet apart. On dead-end streets. the last hydrant shall be located at one-half the distance from the last house_ or. unit loin rim the properly lino or the driymyay or access flit tine property. and sohlcar to &that ngcnnes raquin-mesh to eincut• within the road rieho-o(wp. hording the properly affected h) the proposed dc' elopnlen( the applicant shall he me.ponsibla list the relocation and adjustment or the 1)epartmcul s affected wyater 'stem facilities.should it Suhum consuvction plans and design Galen paten, prapareLl by a pro Fe engineer. registered in dlL State of haunt -i, IUI I'ey icy' and approv al Roma the pinaiiirlg facilities charge. which i, subject to ch:wge_ oa of n below: Water, Our9vfost (Precious Wcsource... 702 'WaiA 7(,ane The Departmental water Sup* Is an Equal opponwer provider ane employer. VIr Ilenh h an ea. Ir yhI 1111 s! IIaItt lt': v. a I)tdI)p u r.(u uF nfimw mal I t S.\ I I -.K t o\I\III \I6\ I I)I-I't)til I f\\l UI' wcnty l't.l) addiUunul units a ti 50 00 null Facilities Charge Balance till nn 190n(al S i.000.D0 118,900_00 lilts is due and pay able upon completion or the Installation of the required rsater st stem have einem.. and prior to final subdit isian npprocal keine gruutec dor your ink notation. water commitment deposits are credited towards the final facilities charge requivement lel the detelopnreul. Note that the amount in water commitment deposit mil) exceed the plea ailing facilities charge amount, for example. When requests for time extensions continue and are approved. Until rhe development is finally completed, these are separate and unrelated items. In the etent thsl y. atcr commitment deposits exceed the facilities charge, no refunds are applicable. Submit the appropriate documents_ properly prepared and executed. to cony) the [[titer s) stein inrprm cnhcnts and necessary easements to the Water Board of the Count) of Hnmai'i prior to final subdit' bion approval being granted. A registered land surveyor shall stamp and certify the metes and hounds description within the conveyance documents. However, prior to Water meter services hair. granted to the development. or any lots Within. the conveyance documents shall be accepted by the Water Board. Should there be any clues 96E -S070. extension 255 1S dr_ uc Planning Dapdnm lease acontact dr. hot. Smut hm ()four Water Re, cos and Planning Branch at tirh k Okamoto_ I'.C.. VItina,er-( hist I nuiucar 51s Mitchell D. Roth Mayor Lee E. Lord Manoginq Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street, Sato 41 - H lo, Hawal"i 96720 Ph_ (808) 961-8083 • Fax (808) 961-8086 Email. cohdem@hawaiicounty.gov NIE\IORA]UL \1 Io: Lend° Kern. Director Planning Department ygr)44: Ranvi 1 Mansour Director <' Department of 11nvironmenta1 Management I).AIH: March 30- 2021 SUBJECT: Ramzi I. Mansour Duette! Brenda D. lokepa-Moses Deputy Director Amendment to Change of Zone Ordinance No. 13-98 (RE/ 705) Applicant Kristilec and henry J. Correa Jr. Trust Request: Amendment for a Seven -bear Time Extension to Condition C (Time to Complete Construction) and Condition K (Fair Share) tax Map Key: 0)2-4-003:021 I he Solid Waste Division has reviewed the suhject application and offers the following comments andror recommendations (contact the Solid haste Division for details): X ) No comments. Commercial operations, State and Federal agencies. religious entities and non-profit organization may not use transfer stations for disposal- 1 Aggregates and any other construction/demolition waste should he responsibly reused to its fullest extent. Ample and equal room should he provided Ibr rubbish and repeling. I Green waste may be transported to the green waste sites located at the West 11awai'i Organics Facility and Fast I Iawai'i Organics Facility. or other suitable diecrsion programs. I Construction and demolition waste is prohibited at all County Transfer Stations - 1 I Submit Solid Waste Management Plan in accordance with attached guidelines. Existing Solid Waste Management Plan is to he followed. Provide update to the department on current status. Other: County of Hawaii is an Equal Opportunity Provider and Employer Planning Dept. Exhibit 140791 Page 2 I he 1A astewaicr Divi+ion has ret icwcd the subject application and oriels the following Lsmuncnts :Ind or rcLomntendations (contact the U astcwater Division for details): I Ao ¢muncutt. Require connection of csisiing:rid OrprnpuHeti strucnu'es u. thle puhlie _setter in dceurdance with Scelion 21S oldie I Iattei'i (LuIntc ( 'odc. Require Council 12csolution to approve sewer e'tension in accordance tt ith Section '_1- 2_0.1 oflhc I Iawai i (bunts ('ode. (ontp!ele Server Ilytcnsion -Application. Require cytension of the sewer system to ser' ice the proposed subdivision in accordance t'ith Section 2.;-.85 of the llutcai'i Count‘ (ode. X) (7tcck or line our err applicable: 1 X j If required by the Direetor of the l)epartment of I'm innunental Management r'Uirector of DEM -I. 1 X 1 applicant shell conduct a sewer stud) in accordance with the then applicable wastewater system design standards prior to approval to connect to the Count\ sewer system. Applicant shall provide such sewer line or Other mcilitc improvements as the Director of Uf.ib1 may reasonably require. tthieh the sewer stud' ma) indicate are advisable for mitigation or impacts or the proposed project. Contact Wastewater Division Chief for details. I X) Other: Applicant needs to do either of the Iollowinu: I) Construct a dry sewer In the subdivision and pros ide an onsite treatment system: Or 2) require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the I lawai'1 County Code. fi-- i.,_.l t ff' l 1 -; J/, ..2 cc i/ f.44 c.C- L / 2 << -- nut .A-Lc/Lav b-i,.,.a / L-. 1221 A4 tt'cz d -a U-,-cl - jLq ib - [? .{ .. ; 1: 1,..-L c.t_. 2z (,tQL N y t. rL - cr /Lc L. F G , (.11 -/o Ia- 1-1 r... iCc-.J '/v c</ Lti% UJ // 4 j 1. / LLc. - 1 \.Q. ° t./ Oil_ t urn ,p'L -') lLc c 7,,y.i%i ct,.f .A ,het A,,_ a i,, tam_ J -1_4-v4 tyra,-.-l</ t o ,. - tt tZ&2ttc,, c/ 4+-2> liwt. „4.4„ -,._cc. Ain t7 A !--yr el ,a, -rt J..-, e --a. t/ k e4,-(- .,, t- amu& (t)t-,___. Lt ,C ---D 0 /&. L./97114, -4144,--441-r 4.A -< L -'` / 44-, ,z. ,i1,.a, 2--C..,; .-11/ .0 Cl 2-L. L•-. -I -1--ie eel_ .r t-” ,1A,vi nA_',, f4i4 t-- 2- p'L. n.7• 17 {„,„/1.,, .f..1 w_, lv 0-.2-1< . L2 O!-v',4:-/,w2h.ccm- r.. i,/.I iti..--c /fl c) /22(7// :-j 0 Gv 1 lam. ,,,-3-c, , e. pl, &tt -in ,-.,t i,cn-c oc-k- 11'4tit e..c-ttd '/i c / y 4 jt. --- 4 L-4 -14- l..-t—.,t4., 76 11' 4'2"'`4-...,-f c. ^--- fr,1.,-; LGt ,.....? 11.wi-Le fn., cJt..--4-. -{-1_ ce_ 2 -7 140565 7w,-.- 7 C 4€ , J Planning Dept. 1.1z4 /'1—/9A -4t4 Lu t -LJ, dv .vii, -ter, .G- exhibit S 1)4 /lac'? DA' 0 L u N6. pa; Go&, 4; drz'. two. f/' 96) z - c rtA.,)- 017 l t. /' 17. -. E,' . 2 9,/.:. D/ f( a4d 1t Sf- tic 672- 3 THE - 7211- 427; 403 PihPdUhrr,. 0 May 146 2021 To: Zendo Kern, Planning Director From: Henry Correa III, Authorized Agent for Applicant's Kristilee & Henry J Correa Jr. Subject: Response to Comments Letter from Mr. Wung In response to the comments letter from Mr. Wung, it was originally Mr. Correa's intension to make the property into a pasture. With other projects getting in the way, a fence was never built, and the pasture was never made. Though the pasture was never put in place, it was never intended to be a permanent use of the property. The end goal was always to apply for a zone change and subdivide the property. Regarding Mr. Wung's comments on crime, the attached document from the. Assistant Police Cheif should suffice as a reasonable response. As noted in the document, "Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns." Should there be any further questions or concerns, please feel free to contact me. Sincerely, Henry Correa III Agent for Mr. & Mrs. Correa 630 Kilauea Ave., #101 Hilo, 1-11 96720 Office Phone: (808) 961-3300 Mobile: (808) 557-2614 Planning Dept, F,whibit (o SCANNED MAY 2 02021 n„ 141885 Mitchell n.ItnlIi March 12 2021 County of Hawai ' i r()IJ(F. Dfa','JOOMEV! TO ZENDO KERN, PLANNING DIRECTOR FROM SUBJECT CONN9R, ASSISTANT POLICE CHIEF ERATIONS BUREAU I'anl K. Ferreira Kenneth Ituyadu.h EC AMENDMENT TO CHANGE OF ZONE ORDINANCE No.13 98 (REZ 705) APPLICANT: KRISTILEE AND HENRY J. CORREA JR. TRUST REQUEST: AMENDMENT FOR A SEVEN YEAR TIME EXTENSION TO CONDITION C (TIME TO COMPLETE CONSTRUCTION) AND CONDITION K (FAIR SHARE) TAX MAP KEY: 2-4-003:021 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Reed Mahuna of the South Hilo Patrol Division at 961-2214 or via e-mail at reed.mahuna©hawaiicounty.gov. RM 1,,121H002' 3 I quid apprnninl) I'nn i'kr :mil 1 mph 404E3 UER I