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Home My WebLink AboutSUB 7573Harry Kim Mayor Christopher J. Yuen Director Roy R. Takemoto DeputyDirector uxt Ott PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 August 1, 2002 Donald James Murray Murray, Smith & Associates, Ltd. 100 Pauahi Street, #208 Hilo, HI 96720 Dear Mr. Murray: FINAL SUBDIVISION APPROVAL NO.7573 SUBDIVIDERS: PATCH, Wally, et al. Proposed Subdivision of Lot 14-A, Grant 8306, Into Lots A, B, C, D, E and F Kikala- Keokea Homesteads, Puna, Hawaii TMK: 1-2-007:033 (SUB 89-38) Please be informed that final subdivision approval for recordation is hereby granted to the final plat map dated March 6, 1989, as attached herewith inasmuch as all requirements of the Subdivision Code, Chapter 23, as modified have been met. You and the subdividers may wish to consult an attorney and surveyor for the preparation of the necessary legal documents and description of the certified final plat map for the purpose of recordation with the State of Hawaii, Bureau of Conveyances. Copies of the certified final plat map are enclosed. Sincer Cl- YUEN Planning Director ETC: lnm P:\ WP60\SUBDfV\SUB\Subc2OO2-3\89038PatchFL7573.doc Encs.- 2 Certified FPM r` e 1-- iv 4 AUG 0 2 2002 Donald James Murray Murray, Smith & Associates, Ltd. Page 2 August 1, 2002 xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Tax Maps and Records Section w/Certified FPM Real Property Tax Division -Hilo w/Certified FPM Wally Patch, et al. c/o Raymond Hasegawa, Esq. Dan Wilson VAR 383, 886 Harry Kim Mayor Christopher J. Yuen Director Roy R. Takemoto DeputyDirector nVUUf r of pnfuaini PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 July 29, 2002 Donald James Murray Murray, Smith & Associates, Ltd. 100 Pauahi Street, #208 Hilo, HI 96720 Dear Mr. Murray: Proposed Street Name — Patch Subdivision Subdivision of Lot 14-A, Grant 8306, Into Lots A, B, C, D, E and F Kikala- Keokea Homesteads, Puna, Hawaii TMK: ( 3) 1-2-007:033 (SUB 89-38) We have received a telephone call from Dr. Kalena Silva of the University of Hawaii at Hilo's College of Hawaiian Language informing us that Ho`onone is an appropriate name for this Roadway. We shall name this roadway as: Ho` onone Road meaning slow -poke, as taking along period of time We will place this name on our Repository of Street Names. You may use the name Ho`onone Road on the street sign to identify it. Please consult the Department of Public Works, Traffic Division for guidelines on the placement of your signs Should you have any questions, please contact Rodney Nakano of my staff. Sincerely, CH TOPHER J. YUEN Planning Director RKN: lnm P:\ WPWIN60\STREETS\LETTERS\PUNA\LSUB89-38PatchH000neRoad.doc Enc.- Map 012, 22420 AUG 01 2002 Donald James Murray Murray, Smith & Associates, Ltd. Page 2 July 29, 2002 xc/map: DPW-BLDG-HILO DPW-ENG-HILO DWS-OPERATIONS SECTION (Toni) Civil Defense Agency Chief of Police Fire Chief Real Property Tax Division-HILO District Environmental Health Program Chief, DOH District Engineer, DOT HELCO VERIZON HAWAII Postmaster, Hilo Main Post Office Gale Chun, Address Management System (USPO) Tax Maps and Records Section Zoning Clerk T-1 W- -MG 'P—H it, 1p—i—" -yo 4. tno' /—.,y of 90re i—q) V41 -7,1- ..!—n!pqn-- p ....... d ...... . L 0 7 S.v L8IC71 rov r1oz-11 —V 1002-11E_wLZOZ771 A. Zj 094 - z5c? F-fl 101It .4 1. 11 ------------- --------------------------- JO AU S, y of g -0 v 1-c "C*. '-g -a 01416 !"Mary{ '—ij lf"Y '69 -G -0 673NMO V 00'// PL'OH auouo'OH Harry Kim Mayor Christopher J. Yuen Director Roy R. Takemoto DeputyDirector Guuflj of'Xfuntt PLANNING DEPARTMENT 25 Aupuni Street Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 July 15, 2002 Donald James Murray Murray, Smith & Associates, Ltd. 100 Pauahi Street, #208 Hilo, HI 96720 Dear Mr. Murray: Proposed Street Name — Patch Subdivision Subdivision of Lot 14-A, Grant 8306, Into Lots A, B, C, D, E and F Kikala- Keokea Homesteads, Puna, Hawaii TMK• ( 3) 1-2-007:033 (SUB 89-38) We have received your letter of July 6, 2002, proposing the street name for the roadway in this proposed subdivision. You propose four names for our consideration. We have the following comments: 1. " Miani-Ala" is already used as a Street Name on this Island, thus, cannot be used. 2. " Nickolau" appears to be a typographic error. "Nikolau" is Nicholas in Hawaiian Pukui, page 183). Nevertheless, this name, too is already used on this Island, thus, it cannot be used. 3. " Aha" is not used, however, on Pukui, page 5, it appears that you may be referring to " Aha". Either name is available for you to use. 4. " Ho`onone" is not used as a Street Name, thus, is also available for your use. We will place these names on Reserve for you. As in the case of "Aha" and "Aha", in'accordance with the County's Policy on Street Names, you will need to submit the intended meanings for the name(s) you ultimately select. The University of Hawaii at Hilo's College of Hawaiian Language has been most cooperative with this respect. We recommend that you consult them to verify the appropriateness of using any of these names. Q. Z7-4 47JUL 16 2002 Donald James Murray Murray, Smith & Associates, Ltd. Page 2 July 15, 2002 Should you have any questions, please contact Rodney Nakano of my staff. Sincerely, C C OPHER J. YUEN Plan mg Director RKN:lnm P:\WPWIN60\STREETS\LETTERS\PUNA\LSUB89-38Patch.doc 002 JUL 8 PM 2 16 July 8, 2002 Planning Department County of Hawaii Aupuni Street Annex Hilo, Hawaii 96720 Attention: RODNEY NAKANO Re: Street Name Subdivision of Lot 14-A, Grant 8306 INTO LOTS A,B,C,D,E and F Kikala-Keokea Homesteads Puna, Hawaii, Hawaii TMK: 3rd/1-2-007:033 (SUB 89-58) TO WHOM IT MAY CONCERN: PUNNING DEPARTMENTCOUNTYOFHM,,_ We acknowledge your request for an appropriate street name for a road within the above -captioned subdivision. CHOICE #1: Moani-Ala" (Pukui: pg. 229) Nv A type of land breeze that wafts out to sea at Puna. CHOICE #2: Nickolau" Pukui; pg. 183) Nicholas in Hawaiian (given name) CHOICE #3: Aha" (a h a) (Pukui; pg 5) 6e` Aha! An expression of agreement that a problem has been resolved. An expression of surprise. CHOICE #4: Ho'onone" Pukui; pg. 249) 9(" Slowpoke, as in taking a long period of time - patience -trying. As you are aware, this application has been pending since 1989! Page 1 of 2 Pages 020815 - We have been assured that once approval of an appropriate Street Name is given, this application will be granted Final Approval. We would appreciate an early response. Sincerely, MURRAY, SMITH & ASSOCIATES, LTD. 16 _ - Dona;d James Murray MSA4096 Harry Kim Mayor Christopher J. Yuen Director Roy R. Takelnoto Deputy Director ATM-L'Ou fij of'41afu ttt PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 May 8, 2002 State of Hawaii Department of Land and Natural Resources Bureau of Conveyances PO Box 2867 Honolulu, HI 96803 Gentlemen: AGREEMENT FOR WATER & ROADWAY VARIANCES APPLICANTS: FIX, Patrick T., et al. (Wally Patch) TMK: 1-2-007:033 (VAR 383 & 886) Enclosed for recordation are the Originals and one (1) copy each of the above described documents together with a recordation fee of $50.00, and two (2) self-addressed stamped envelopes to Murray, Smith & Associates, Ltd. Sincerely, 11 CHRY TOPHER J. YUEN Planning Director ETC:Inm P:\WP W 1N60\VAR\383&886Fix(Patch)BOC.doc Encs.- Agreements for Water & Roadway Variances (2 Originals & 1 copy each) 50 (Check No. 8975/MSA) xc: Patrick T. Fix, et al. c/o Raymond K. Hasegawa, Esq. Murray, Smith & Associates, Ltd. w/Check #8959 SUB 89-38 (PATCH, Wally, et al.) MAY 1 3 2002. w February 18, 2002 Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Final Subdivision Approval Subdivision of Lot 14-A, Grant 8306 to Kamala Kahookaulana Ahia INTO LOTS A,B,C,D,E and F Kikala-Keokea Homesteads Puna, Island of Hawaii, Hawaii TMK: 3rd/1-2-007: 033 ( a" Applicant: Wally Patch, et al c/o Raymond K. Hasegawa, Esq. Attorney at Law, A Law Corporation 688 Kinoole Street, Suite 203 Hilo, Hawaii 96720 Gentlemen: 34 This letter is in response to your December 11, 2001, letter stating, in detail, the remaining applicable conditions for Final Subdivision Approval. Item 1: We submit originals of Water Agreement (Variance 383) and Road Agreement (Variance 886) together with a check in the amount of $50, for recordation with the Bureau of Conveyances. Item 2: Please be advised that this subdivision is not subject to flooding. We request additional time in which to submit an appropriate" Street Name with the condition that this additional time would not affect grantingFinalApproval. Page 1 of 2 Pages U154b0 Item 4: ewe submit proof of Payment of Real Property Taxes. Item 5: This letter will also serve to certify that the affected boundaries have been staked on the ground and are correct. 100 Pauahi Street Suite #208 Hilo, Hawaii MSA4096 O LICENSED PROFESSIONAL LAND SURVEYOR No. 2927 11.0 117 M&E Pacific, Inc. Li ns La Surveyor Ce if' ate o. 2927 Harry Kim Mayor William Takaba Finance Director 2128112002 0228 0952 002 3219070 12 0001/0008 3-1-2-007-033-0000-000 County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX 865 Piilani Street Hilo, Hawaii 967204679 • Fax (808) 961-8415 Appraisers (808) 961-8354 Clerical (808) 961-8201 • Collections (808) 961-8282 75-5706 Kuakini Highway • Suite 112 • Kailua-Kona, Hawaii 96740 • Fax (808) 327-3538 Appraisers (808) 327-3542 • Clerical (808) 327-3540 REAL PROPERTY TAX CLEARANCE Date: February 28, 2002 TMK (3) 1-2-007-033-0000. This is to certify that WILSON, DANIEL/LINDA ET AL (owner -of -record) has paid their real property taxes for the tax period as indicated below. Therefore, there are no taxes owing the County of Hawaii for the above -referenced parcel(s). Effective till JUNE 30. 2002. Reference: TX09 M. DeVincent, Collections Dept REAL PROPERTY TAX DIVISION Harry Kim Mayor Christopher J. Yuen Director Roy R. Takemoto DeputyDirector Cnauufij of patual'i PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 o Fax (808) 961-8742 December 11, 2001 Raymond K. Hasegawa, Esq. Attorney At Law A Law Corporation 688 Kinoole Street, Suite 203 Hilo, HI 96720 Dear Mr. Hasegawa: SUBDIVIDER: PATCH, Wally Proposed Subdivision of Lot 14-A, Grant 8306, Into Lots A to F, Inclusive & Road Lot G Kikala- Keokea Homesteads, Puna, Island of Hawaii, Hawaii TMK: 1-2-007:033 (SUB 89-38) This is a follow-up to our letter of November 13, 2001, regarding the subject subdivision application. Please be advised that the following conditions remain applicable for Final Subdivision Approval: 1. Comply with all conditions of approved Water Variance No. 383 and approved Roadway Variance No. 886. 2. Identify all watercourses and drainage ways and designate areas within as approximate areas of flood inundation." Submit a proposed street name conforming to the adopted street naming policy of the County of Hawaii. 4. Submit written proof that all taxes and assessments on the property are paid to date. 01 : IC 33 DEC 1 2 2001 Raymond K. Hasegawa, Esq. Attorney At Law Page 2 December 11, 2001 c,S- Place property markers in accordance with the final plat map. Surveyor shall submit certification upon completion. 6. Subdivider shall complete all requirements specified as conditions for Tentative Approval (dated January 26,1990) of the preliminary plat map within two (2) years from the date of reinstating Water Variance No. 383 November 13, 2001), on or before November 13, 2003. Should you have any questions, please feel free to contact Ed Cheplic of this department. Sincerely, 6 - - — CHRISTOPHER I N Planning Director ETC:lnm P:\WP60\SUBDIV\SUB\Subc2001-4\89038PatchHASEGAWA.doc xc: Manager, DWS Director, DPW District Environmental Health Program Chief, DOH District Engineer, DOT Wally Patch c/o Daniel E. Wilson Daniel E. Wilson Murray, Smith & Associates, Ltd. M&E Pacific, Inc. (Hilo) VAR 383, 886 th Harry Kim Mayor Christopher J. Yuen Director Roy R. Takemoto DeputyDirector ff QUIU11fu of'41afu ttt PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 November 13, 2001 Raymond K. Hasegawa, Esq. Attorney at Law A Law Corporation 688 Kinoole Street, Suite 203 Hilo, HI 96720 Dear Mr. Hasegawa: SUBJECT: RESCINDING WATER VARIANCE (VA 1 3 53) TMK: 1-2-007-033 I have enclosed a memorandum from Patricia K. O'Toole, Esq., on the question whether it was proper to rescind the water variance. The opinion is that the subdivider should have been given notice and an opportunity to object prior to the rescinding of the water variance. Accordingly, I am withdrawing the rescission of the water variance and reinstating the variance. Sincerely,;. CHRISTOPHEI I YUEN Planning Director CJY: pak Wpwin60\ Chris\L.etter to Hasegawa Enclosure cc: Mr. William Yamanoha, Planner Harry Kim Mayor Lincoln S.T. Ashida Corporation Counsel Gerald Takase Assistant Corporation Counsel Guufijr of ufunii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 l{ TO: Christopher J. Yuen, Planning Director ' f FROM: Patricia K. O'Toole, Deputy Corporation Counsel DATE: September 11, 2001 SUDJECT: Rescinding Water Variance TMK: (3)1-2-007:033 This is in response to your request as to whether action taken by the planning department to rescind and declare null and void a water variance was legal. We do not believe it was legal. The possession of the variance is a possession of a permit conferring a property interest on the holder. No hearing was held to determine ifrevocation was appropriate and called for. The project involves an application for a six -lot subdivision. A water variance was applied for and obtained by letter dated January 10, 1990. The letter found that special and unusual circumstances existed for the granting of the variance. The application was granted with several conditions. There was no indication of an expiration date in the variance. Thereafter, in 1997, the landowners applied for a road variance. As you indicate, in the course of acting on the road variance, the department learned that water was now available for the project and stated that the variance was no longer appropriate and rescinded the previously granted water variance. In the case of Perry v. Planning Commission, 62 Haw. 666 (1980), appellant was the holder of a special permit which the Hawaii Supreme Court described as "severely limited in several respects, including duration, permission to use the land for quarrying purposes was, nevertheless, either a property interest, a right, or a privilege. Even if the permit embodied a mere privilege, the `grant of a public privilege may not be conditioned upon the deprivation of constitutional protections.' (citation omitted.) And `relevant constitutional restraints limit state power to terminate an entitlement whether the entitlement is denominated a `right' or a privilege. "' (citation omitted.) The Perry case dealt with alleged breach of conditions of a permit and the necessity for holding a hearing before revoking a permit for those alleged breaches. In this case, there are no Memorandum to Christopher J. Yuen Page -2- September 11, 2001 conditions on the variance and therefore no alleged violations; however, we believe the principle applies that the variance holder should have a chance to argue that the action taken is inappropriate before being deprived of the variance and the rights it grants. PKO:de sAdept\plan\kalapana variance\9-01\PKOde.wpd Selected Entries: Detail Update Entry No. Date Rec'd Company Person Routed To Resp Date Subject Referred To Referred Date 3719 04/3G.2001 HASEGAWA, RAY YUEN 4/30 FIL VAR 866 LTR SUMMARIZING CLIENT'S REASONS FOR REQUESTING A MEETING W/T 3930 05/04/2001 HASEGAWA, RAY ROD 5/8 VAR 866 CONFIRMATION LTR RE THE 5/1/01 MTG WNUEN MURRAY& HASEGAWA- , fl u. 5970 05/07/2001 PD OUT TOOLE, PAT FILE REQUEST FOR OPINION RE RESCINDING THE PRIOR WATER VARIANCE REQUEST F 8051 1 09/12/2001 JCORPORATTN COU JOTOOLE, PATRIC ROY 9/20, CHRI ^ RESPONSE RE RESCINDING WATER VARIANCE -TMK 1-2-7:33 l J 10664 . 11/15/2001 PD OUT HASEGAWA, RAY ITO FILE RESCINDING WATER VARIANCE, TMK: 1-2-7:33, ENCLOSED MEMORANDUM FROM PA l 10770 11/19/2001 PD OUT PLANNERS/CLER TO FILE MEMORANDUM, NO. 01-67, RESCINDING WATER VARIANCE, TMK: 1-2-7:33, ENCLOSE r 1 Stephen K. Yamashiro Mayor GunfV of 'pufunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 March 4, 1998 Daniel E. Wilson PO Box 2 Pahoa, HI 96778 Dear Mr. Wilson: Virginia Goldstein Director Russell Kokubun Deputy Director NEW SUBDIVIDER: PATCH, Wally Former Subdivider: FURTADO, Elizabeth, et al. Proposed Subdivision of Lot 14-A, Grant 8306, Into Lots A to F, Inclusive & Road Lot G Kikala-Keokea Homesteads, Puna, Island of Hawaii, Hawaii TMK: 1-2-007.033 (SUB 89-38) Reference is made to our letter of February 23, 1998, which approved the Roadway Variance (VAR 886) for the subject subdivision application. Based on this letter, please delete Condition Nos. 2, 3, 4, 5, 8, 10, and it of our tentative approval letter of January 26, 1990, and replace with the following conditions: 2. Comply with all conditions of approved Roadway Variance No. 866. 3. Provide a water system meeting with the approval of the Department of Water Supply. 4. Submit water system construction plans for approval by affected agencies. 5. Pay installation and facilities charges as required by the Department of Water Supply. All other conditions of our tentative approval remain applicable for final subdivision approval. In conclusion, please provide this department with a copy of the deed for the subject property indicating the current property owner. Daniel E. Wilson Page 2 March 4, 1998 Should you have any questions, please feel free to contact Ed Cheplic of this department. Si cerely, GINIA GOLDSTEIN Planning Director ETC:lnm 89-38pat.wil xc: Manager, DWS Chief Engineer, DPW Dist. Env. Health Prog. Chief, DOH District Engineer, DOT Wally Patch c/o Daniel E. Wilson VAR 383, 866 Stephen K. Yamashiro Mayor V.DIYufv of pufuniff PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808) 961-8288 • Fax (808) 961-8742 D I 191101110 ail 1 February 23, 1998 Mr. Daniel E. Wilson P. O. Box 2 Pahoa, HI 96778 Dear Mr. Wilson: Virginia Goldstein Director Russell Kokubun Deputy Director Variance Permit No. 866 (VAR 97-69) Applicants: DANIEL E. WILSON, ET AL. Owner: WALLY PATCH Request: Variance From Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1), and Section 23-87, Standard for Non-Dedicable Street; Escrow Maintenance Fund, and Section 23-88, Non-Dedicable Street; Dead -End Street; Private Dead -End Street Tax Map y• 1-2-007.033 Please accept our sincere apologies for this tardy response to your requested variance. This office has considered the conditions specified by a previous tentative approval dated January 26, 1990, granted to the pending six (6) lot subdivision application and the changes your variance application will have on the existing tentative approval conditions. Furthermore, this subdivision application is subject to Chapter 23, Subdivision Code, Article 4, Section 23-62(d), effective December 4, 1992, which imposed a specific timeframe for actions to be taken. We have been working within the department to improve the efficiency of this process which will hopefully result in more timely responses to future applications. Your patience and understanding is appreciated. WATER VARIANCE: The previous variance to allow the creation of a six (6) lot subdivision without a water system meeting with the minimum requirements of Division 2, Mr. Daniel E. Wilson Page 2 February 23, 1998 Section 23-84, (1), of the Subdivision Code and conditions of PD VAR NO. 383 and the conditions of subdivision tentative approval dated January 26, 1990 were reconsidered. The Planning Director has concluded that the findings of the original water variance permit (PD VAR. NO. 383) issued on January 10, 1990 be rescinded and declared null and void subject to revised subdivision conditions as pertinent to application SUB 89-38. There are no longer any special and unusual circumstances which would sustain the previous water variance from the minimum water requirements for the proposed six (6) lot subdivision: 1. The subject property is Lot 14-A, containing approximately 71 acres and is a Portion of Grant 8306 of the Kikala-Keokea Homesteads, Puna, Island and County of Hawaii. The subject property or lot is also identified by the following tax map key number: TMK: (3) 1-2-007:033. 2. The subject property was zoned Agricultural (A-3a) by the County in 1967 and is designated Agriculture "A" by the State Land Use Commission (LUC). 3. The applicants submitted a subdivision application (SUB 89-38) on March 6, 1989, which included a preliminary plat map dated March 6, 1989, that proposed to subdivide Lot 14-A into six (6) lots. By Certified Letter dated January 10, 1990, water variance (PD VAR NO. 383) was granted to Mr. Daniel Wilson by the Planning Director for subdivision application (SUB 89-38) subject to five (5) variance conditions. For the record, PD VAR NO. 383 conditions 3, 4, and 5 dated January 10, 1990 state: 3. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the subdivider shall be responsible for informing the Department of the amendments or changes so that the agreement can reflect the amendments or changes; further, the written agreement shall be as a considered as a condition and covenant running with the land and shall be binding upon the subdivider or owner, his heirs, executors, administrators or assigns and its successors and assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease or other similar documents affecting the title or ownership of each subdivided lot. 4. In the event that any of the lots are provided by a water service Mr. Daniel E. Wilson Page 3 February 23, 1998 individual meter) from the Department of water supply (sic) or an approved private water system, the above covenants for the specific property will no longer be in effect. 5. All other applicable State and County rules and regulations shall be complied with. Should any of the foregoing conditions not be met, the Director may proceed to declare the variance null and void. " 4a. Subsequent to the approval of PD VAR NO. 383, effective January 10, 1990 by the Planning Director, tentative subdivision approval for the proposed 6-lot subdivision application (SUB 89-38) subject to thirteen (13) conditions was granted to Mr. Daniel Wilson, on January 26, 1990. Eight (8) copies of a final plat map were submitted on December 3, 1990, and, to date, no further conditions of tentative subdivision approval dated January 26, 1990, for the water variance have been addressed or met. b. The final plat map dated March 6, 1989, submitted on December 3, 1990, in SUB 89-38 does not list Wally Patch as an owner of the subject property. There is no timely written explanation in the pending subdivision application addressing tentative subdivision conditions dated January 26, 1990 or title changes. 4. The Department of Water Supply (DWS) memorandum and recent comments dated November 24, 1997 in (VAR 97-69), state: Water can be made available from an existing 8-inch waterline along the Old Government Road adjacent to the southwest corner of the property. Pursuant to the Department's "Water Commitment Guidelines Policy," a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the five (5) additional lots requested in the proposed 6-lot subdivision development, the required water commitment deposit is $750.00. Remittance by the applicant of the $750.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words unless a water commitment is officially effected, water availability is subject to change depending on the water situation. Mr. Daniel E. Wilson Page 4 February 23, 1998 For the applicant's information, final approval will be subject to the following requirements: Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak -flow conditions; minimum diameter of mains shall be 4 inches. b. civic laterals that will accommodate a 5/8-inch meter to each additional lot, and C. cut and plug the existing service lateral at the main and relocate to the appropriate lot. Submit construction plans and design calculations prepared by a professional engineer, registered in the Sate (sic) of Hawaii, for review and approval. 2. Remit the prevailing facilities charge, which is subject to change, of 16,875.00. This is due and payable upon completion of the construction of the water system improvements and prior to final subdivision approval being granted. 3. Convey the water system improvements along with the necessary easements to the Water Commission, County of Hawaii. " 5. The State Department of Health (DOH) memorandum dated October 21, 1997, states: The Department of Health's authority on drinking water quality is based on the definition of a "public water system." A "public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Past episodes of water quality concerns for lead, copper, algae and microbial Mr. Daniel E. Wilson Page 5 February 23, 1998 contaminations in private rain catchment systems have identified the need for design standards. Without these control standards the Department of Health would not be able to support the use of these private rain catchment systems for drinking purposes." 6. The Department of Finance -Real Property Tax memorandum dated October 22, 1997, states: Real Property taxes are paid through December 31, 1997. " 7. No objections to the variance application were received from the surrounding property owners. In view of the above facts, revised DWS comments, and information submitted by the applicants with the subject variance application, the Planning Director has determined that there are no longer any special or unusual circumstances applying to the subject property which exist either to a degree which deprive the applicants for SUB 89-38 or current owners of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of the subject property to sustain the approval of PD VAR. NO. 383. Therefore, WATER VARIANCE: PD VAR. NO. 383 is null and void as the tentative approval letter (SUB 89-38) dated January 26, 1990 has expired. ROAD VARIANCE: After reviewing the variance application and information submitted, the Planning Director certifies the approval of your variance to allow the creation of a six (6) lot subdivision without dedicable road or paved road improvements as required by Chapter 23, Division 2, Section 23-87, and Section 23-88, of the Subdivision Code. There are special and unusual circumstances that exist which would warrant consideration of the applicant's variance request from the minimum road requirements and roadway standards within the proposed six (6) lot subdivision. The Department of Public Works (DPW) memorandum dated October 23, 1997, states: We have reviewed the subject variance, particularly as it pertains to Sections 23-87 and 23-88, and have the following comments: Mr. Daniel E. Wilson Page 6 February 23, 1998 We do not believe there are special and unusual circumstances with regard to the requirements of Sections 23-87 and 23-88. These are the minimum non-dedicable street requirements imposed on all subdivisions of this type. Therefore, street requirements as contained in the tentative approval for the subject's preliminary plat dated 01/26/90 should remain." The pro rata cost to improve the private road lot and existing public access roads meeting DOT/DPW standards is economically cost prohibitive. The outlook for the immediate expenditure of available county road monies to improve the existing "network" of public or private road reserves fronting the property from the State highway system is remote at this time. It is felt that current zoning of the property and surrounding land uses have not had an adverse affect on the Kaimu-Pahoa Road, old "Government Road" and the Road Reserves. It is felt the proposed subdivision of the existing lot will not contribute or result in a significant increase in traffic using the public rights -of -way. Therefore, it would be unfair and unreasonable to require DPW approved pavement within the 50-Ft. Roadway which exceeds the existing roadway standards within the old government road and road reserves. The intent and purpose of requiring subdivision roadway improvements is to designate and assure that legal and physical access to and between the proposed lots and permitted uses on the proposed lots are provided in the event there is a fire or emergency. The existing property fronts on the old "Government Road and Kaimu-Pahoa Road or the Hawaii Belt Highway (11) System maintained by the State -DOT. Pursuant to the tax map and recent photographs submitted with the current variance application, the existing property is used for pastoral or other agricultural uses. The existing private gravel or dirt roadways within the proposed road lot configure to existing topography and natural terrain conditions. It appears an existing driveway within the road lot already exists and is adequate for the present uses. The existing public and private road systems to and within the subject property and surrounding areas were established and developed many years before the Zoning and Subdivision Codes were adopted in 1967. Other than the Kaimu-Pahoa Road, F.A.S.P. No. S-0130 (11), little or no significant public access improvement have occurred with the Old Government Road" and the surrounding "Road Reserves" during the past 30 years. Mr. Daniel E. Wilson Page 7 February 23, 1998 The property's existing agricultural or pastoral uses and the immediate surrounding land use have not significantly changed since 1967 when the Zoning and Subdivision Codes were first adopted by the County. Pictures submitted by the applicant indicate the existing natural vegetation or "jungle" topography is due to the hot, humid and rainy conditions. Private access to the property using the private road reserves and within the proposed 50-Ft. wide road lot are better suited for 4-wheel drive vehicles and off -road farming or ranching equipment. However, public access to the existing property and proposed subdivided lots using conventional vehicles is possible. It is felt the existing and surrounding land use patterns and zoning of the existing property are not anticipated to change within the next 10 years. Therefore, based on the representations made by the applicants and evaluation of existing access and traffic patterns to and near the existing property, the Planning Director has concluded that the DPW comments and recommended road subdivision standards and requirements within the proposed road lot denoted on the preliminary subdivision plat map, conforming to "STANDARD DETAILS R-39", are not warranted or required at this time to develop this subdivision. No objections to the subject variance were received from the surrounding property owners. The subject variance application was deemed complete by the Planning Department by certified letter dated October 10, 1997. Based on the foregoing findings, this road variance request would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code, and the Hawaii County -General Plan. The approval of the road variance will not be materially detrimental to the public's welfare and will not cause substantial adverse impact to the area's character and to adjoining properties. The variance requested to allow a proposed subdivision without a dedicable street are approved subject to the following conditions: 1. The owners, their assigns, or successors shall be responsible for complying with all conditions of Variance Permit No. 886 and conditions of revised tentative subdivision approval. 2. ROAD VARIANCE: The owners, their assigns, or successors shall file a written agreement or approved written document with the Planning Department Mr. Daniel E. Wilson Page 8 February 23, 1998 within one (1) year from the issuance of tentative subdivision approval of SUB 89-38. This agreement shall contain the following deed language being covenants, conditions and restrictions which affect the entire property and/or the proposed lots arising from the approval of the subject pending subdivision application, and shall be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Planning Department at the cost and expense of the applicant: a. No further subdivision of the subject property or those lots arising out of SUB 89-38 shall be permitted unless said roadway meets subdivision code requirements without a variance. Access to the subject property shall be limited to the existing and permitted access using the public owned rights -of -way and from the proposed 50 Foot wide road way lot G" b. The owners shall indemnify and defend the State of Hawaii and the County of Hawaii from any and all liability arising out of vehicular access to and from the subject property utilizing existing State and County owned rights -of -way or roadway lot "G" arising out of SUB 89- 38. C. Upon written demand of the Planning Director of the County of Hawaii, the owners, their assigns, or successors shall pay their fair share contribution for future roadway improvements to the surrounding State or County rights -of -way and improvements to the private road lot "G" arising out of SUB 89-38. The owners, their assigns or successors shall agree to participate and pay their fair share percentage of any improvement district adopted for the purpose of roadway improvements to the existing government rights -of -way or fair share percentage of any improvement to the private 50- Foot Road lot "G"arising out of SUB 89- 38. 3. The owners, their assigns or successors shall comply with all other applicable State and County rules and regulations pertaining to subdivisions and land use. Mr. Daniel E. Wilson Page 9 February 23, 1998 Should any of the foregoing stated conditions not be complied with, the Planning Director may proceed to declare this Variance Permit null and void. Thank you for your understanding and patience during our review. Si cerely, a, - I PIRGINIA GOLDSTEIN lanning Director WRY\RK:jkg f:\wpwin60\j an\var\Ipatch2. app xc: Department of Water Supply SUB 89-38 Murray, Smith & Associates, Ltd. Stephen K. Yamashiro Mayor ATVIOUut of P"Infunii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 808)961-8288 • Fax (808) 961-9615 CEY TTFIFI) MAII. P 364 320 068 October 10, 1997 Mr. Daniel E. Wilson P.O. Box 2 Pahoa,HI 96779 Dear Mr. Wilson: Virginia Goldstein Director Russell Kokubun Deputy Director Variance Application (VAR 97-69) Applicant: DANIEL E. WILSON, ET AL. Owner: WALLY PATCH Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1), and Section 23-87, Standard for Non-Dedicable Street; Escrow Maintenace Fund, and Section 23-88, Non-Dedicable Street; Private Dead -End Street The variance application, submittals, maps and variance filing fee of $100 were received on August 13, 1997. Enclosed is your receipt for the non-refundable variance filing fee. In view of the variance application and submittals received, this office shall be rendering a decision on your variance request on or after October 31, 1997, but no later than November 15, 1997. The applicant(s), Daniel E. Wilson, Et al. or designated representative, will be responsible and shall serve notice to all property owners within 300 feet of the subject property or the tax map key parcel regarding the subject variance request. Mr. Daniel E. Wilson Page 2 October 10, 1997 The following amended procedure for variances require that: Within three (3) working days after receiving notice of such date, the applicant shall servenoticeoftheapplicationonownersofinterestsinpropertieswithinthreehundred (300) feet of the perimeter boundary or the applicant's property and to owners of interests in other properties which the Director may find to be directly affected by the variance sought. Such notice shall state: 1) The name of the applicant. 2) The precise location of the property involved. 3) The nature of the use sought and the proposed accompanying structures, if any. 4) The date on which the Director will consider the application." Prior to October 31, 1997, the deadline for written comments, the applicant or the applicant's representative shall submit to the Planning Director or the Planning Department in Hilo, proof of good faith efforts to serve notice of the application on the designated property owners. Such proof may consist of certified mail receipts, affidavits, or the like. At least ten (10) calendar days prior to the date of the Director's consideration of the variance application, the Director shall publish, in a newspaper of general circulation, notice of the application and the date by which written comments must be in the actual receipt of the Director. For your information, we are enclosing a copy of the public notice describing the subject variance application. The applicant or the applicant's representative may incorporate or utilize the notice format, property information and variance description in the required notification letter to the surrounding property owners within three hundred (300) feet of the perimeter boundary of the subject property or tax map key parcel. This office will take further action upon receipt of comments from the affected agencies and receipt of "proof of service to serve notice of the variance application on the surrounding property owners." Mr. Daniel E. Wilson Page 3 October 10, 1997 Any questions may be addressed to William Yamanoha of this office at 961-8288. Sincerely, GINIA GOLDST Itl'z N Planning Director WRY:jkg F:\WP60\wRy\FoRMLETT\VARAC50. Enclosures xc: SUB 89-038 Murray Smith & Associates, Ltd. JOHN WAIHEE GOVERNOR MEMORANDUM: EDWARD Y. HIRATA DIRECTOR DEPUTY DIRECTORS DAN T. KOCHI (PRIMARY) RONALD N. HIRANO JEANNE K. SCHULTZ CALVIN M. TSUDA IN REPLY REFER TO: STATE OF HAWAII DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION HAWAII DISTRICT 50 MAKAALA STREET P.O. Box 4277 HWY-H 91-2.0040 Tt HONE (808) 933-4640 • Fax (808) 9334734 January 9, 1991 TO: Director, Planning Department County of Hawaii FROM: Hugh . Ono District Engineer, Hawaii SUBJECT: Subdivision of Lot 14-A Application No. 89-38 Applicant: Daniel E. Wilson et al. Tax Map Rey: 1-2-07: 33 Project No.: S-0130(12) We have no objections to the final plat map for the subject application. REC1!`!ED A J[iN 11 PPl 2 09 i LANNING DEFT. COUNTY OF HAWAII DEPARTMENT OF PUBLIC W4 GCS COUNTY OF HAWAII HILO, HAWAII emolanAUm TO Planning Department 1 FROM Robert K. Yanabu, Division Chief Engineering Division SUBJECT: Subdivision No.: 89-38 Subdivider: Daniel E. Wilson, et al. Location: Kikala-Keokea Homesteads,'Puna, Hawaii TMK: 1-2-07:33 Folder No.: 1254 DATE January 4, 1991 We have reviewed the subject's final plat map and we reiterate our comments from our April 4, 1989 memorandum as follows: 1. Submit proof of legal access from Kaimu-Pahoa Road to the proposed subdivision. The "government road" is a road remnant and does not contain the necessary improvements for proper access. In addition, the horizontal alignment is inadequate for vehicle turning movements, i.e. alignment of the subdivision's access roadway shall intersect at right angles to the Kaimu-Pahoa Road. 2. Both the government road remnant and the 15-ft. road reserve is under the jurisdiction of the State. The applicant shall obtain all necessary improvements and approvals from the State. All approval correspondences shall be copied to the Department of Public Works for further review. 3. The applicant shall refer to the State, requirements to sight distance, access road approach improvements and other requirements necessary for access onto the subject subdivision. All approval correspondences shall be copied to the Department of Public Works prior to subdivision approval. 4. The subdivision's 50-ft. wide right-of-way shall intersect at right angles to the 15-ft. road reserve and be a minimum of 150-ft. (centerline to centerline) away from the government road intersection. Revise proposed intersection. 5. Provide 50-ft. wide right-of-way in lieu of 40-ft. for partial "T" turnaround. REC I':'ED 91 JHh 11 P('i , Qp PLANNING ULPi. COUNTY OF HAWAII Memo to Planning page 2 January 4, 1991 Subdivision No. 89-38 6. Provide minimum 20-ft. wide agricultural pavement within the 50-ft. wide right-of-way. Where grades are 8% or greater, roadways shall be built to paved standards of the Code. 7. Identify the location and direction of all watercourses, including drainage easements and all areas subjected to inundation by 100-year storm. No additional storm runoff to adjacent properties or roadways due to subdivision development will be allowed. All generated storm flow shall be disposed of within the subdivision. 8. Construction plans shall be submitted for review and comment. CKY:st cc: Hajime Takata 143 Kimo Place Hilo, HI 96720 SE oa Nq JOHN WAIHEE s o JOHN C. LEWIN. M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH fit. a'f' tto..AeC' STATE OF HAWAII DEPARTMENT OF HEALTH P. O. BOX 916 HILO, HAWAII 96721-0916 December 18, 1990 To: Planning Director, County of Hawaii From: Supervising Sanitarian, East Hawaii Subject: Proposed subdivision of 14-A Grant 8306, Kikala-Keokea Homesteads, Puna, Hawaii TMK: 1-2-07-33 (89-38) Development of proposed subdivision must meet sewage requirements per Administrative Rules, Title 11, Chapter 62, Wastewater. The Department of Health would like to inform the applicant that wastewater rules is in the process of change and that comments made to the project may change accordingly. AARON UENO Supervising Sanitarian, East Hawaii RE r- !VED 90 DEC 20 Pll 3 11 PLANNING JEr 1. COUNTY OF HAWAII werf AQ1fG'• Al< 19 49 oGyl F HAW''! December 13, 1990 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET HILO, HAWAII 96720 TELEPHONE (808)969-11,4 1 .• FA'X (808)969.6996 PLANNING oEi' i. COUNTY OF HAWAIi TO: Planning Department FROM: H. William Sewake, Manager SUBJECT: SUBDIVISION APPLICATION NO. 89-38 SUBDIVIDER - ELIZABETH FURTADO, ET AL. TAX MAP KEY 1-2-7:33 We reviewed the final plat map for the proposed subdivision and have no additional comments. tAH. WillIa ewake Manager WA cc - Ms. Elizabeth Furtado, et al. Mr. Hajime Takata Water ringa progrem .. . Mr. Daniel E. Wilson P. O. Box 1316 Pahoa, HI 96778 Dear Mr. Wilson: December 5, 1990 Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokea Homesteads, Puna, Hawaii TMK: 1-2-07:33 (89-38) This is to acknowledge receipt of eight (8) copies of the final plat map for the referenced application. By a copy of this letter, we are forwarding a copy of the map to thQ concerned agencies for their review. You will be informed of any additional comments which nay result from this review. Final approval shall be granted upon compliance with the remaining conditions stated in the letter of tentative ap- proval of January 26, 1990. In the meantime, should you have any .questions, please feel free to contact Ed Cheplic or Wally matsunami of this office. Si y rely, Norman K . layashi Planning Director OWM:mh cc 4 engineers w/mai_ Elizabeth Furtado Hajime Takata DEC 1 1990 II Date: December 3. 1990 To: Planning Department 25 Aupuni Street Hilo. Hawaii 96720 From: Ha Time Takata 143 Kimo Place Hi 1 o . Ha wa i i 96720 Subject: Subdivision No. (89-38) T. M.K. (3) 1-2-07: 33 Gentlemen: Attached herewith are revised plans for the above ment- ioned Subdivision. A 50 foot reverse turning, radius is now shown near the entrance to this subdivision. Resubmitting for ,your consideration and preliminary approval are eight 8) plans showing the subdivision of Lot 14-A of the Kikala Keokea Homesteads at Puna. Hawaii. State of Hawaii. M a1o. A Ha-7mel Takata Registered Land Surveyor 400-S 609 V t v(3 q aIr -HAiW DIRECTOR i'r EJDEPUTY PVT. SECRETARY _ LONG RAN06 DIVISION PLANNER 3 I J PLANNER RANGE utvls PUNNER ON i' L A N N I N G oRArTING sscT(nra COUNTY OF HAWAII DRAFTSMAN WEAL ADAi1NIV A-,s E3 SECRETARY TQ FILE mirw & lgrCg S; a GIRCUUTR ri iNVF-'((GA ; R' p(4AFT REP'L1F Mr. Daniel E. Wilson P. O. Box 1316 Pahoa, HI 96778 Dear Mr. Wilson: January 26, 1990 Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokee Homesteads, Puna, Hawaii TMK: 1-2-07:33 (89-38) 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. Indicate the location and direction of any watercourses or any areas that may be subject to inundation by a 100- year storm. C2.,, Submit proof of proper access from, Kaimu-Pahoa Road to f the proposed subdivision. The "government road" designa- tion where apparent access is being platted is a road remnant approximately 35 feet wide and may not contain necessary improvements for proper access. Additionally, the horizontal alignment appears inadequate for vehicle turning movements. ii (3) The "road remnant" and 15- Yot wide road reserve is not maintained by the Count, under the jurisdiction of either the State Department of Land and Natural Resources DLNR) or the State Department of Transportation, Highways Division. Subdivider shall obtain permission from DLNR for use and provision of all necessary or required road improvements. Mr. Daniel E. Wilson Page 2 January 26, 1990 41 4. Within the proposed subdivision, the applicant shall provide minimum 20-foot wide agricultural street pavement within a minimum 50-foot wide right-of-way. Where grades are 8% or greater, the roadways shall be constructed to paved standards of the Code. C5-) Roadways shall not intersect at less than 600. It f appears that the configuration of the road remnant access does not meet the requirement. 6. Turn -around configuration for the agricultural street shall meet the standard design of the Department of Public Works. 7. Show no vehicular access control symbols through the 15- foot road reserve along both sides of highway right-of- way. Show 52.91' access permitted opening and label dimension of 40-foot access permitted opening where Government Road accesses the State highway. Any existing or proposed road or driveway connecting to nu the State highway shall meet the standards given in the current edition of the "Hawaii Statewide Uniform Design Manual for Streets and Highways" and the "Specifications for Installation of Miscellaneous Improvements within State Highways." 9. All generated storm flow due to roadway and subdivision development shall be disposed of on -site. No additional runoff will be allowed onto adjacent properties or roadways. Submit construction plans for review and comment. PlansWOOshallcontainavailableandrequiredsightdistanceand allowable vehicle angle at access point must meet Code requirements. D n,J 1 Comply with all conditions of approved water variance C (V89-2 ) especially Condition No. 2 (sample enclosed) . 12. Place property markers in accordance with the final platPPY map. Surveyor shall submit certification upon completion. Mr. Daniel E. Wilson Page 3 January 26, 1990 Submit eight (8) copies of the final plat map within one f; year from the date of tentative approval. If not, tenta- tc'4 l v tive approval to the preliminary map shall be deemed null I%` 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. 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. 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 contact Ed Cheplic or Wally Matsunami of this office. Si rely, Dua a Kanuha Planning Director EC:mh Enclosure cc 4 engineers Elizabeth Furtado Hajime Takata 6 4oJMtY OF N' Planning Department 25 Aupuni Street, Rm. 109 • Hilo, Hawaii 96720 • (808) 961-8288 CERTIFIED MAIL January 10, 1990 PI_ ar Mr. Wilson: Is Iff After reviewing your application and the information submitted in behalf of it, the Planning Director by this letter hereby certifies the approval of your variance request to permit a subdivision of six (6) lots with roof catchment water systems in lieu of a water system meeting the standards of the Department of Water Supply as required by the Subdivision Code. The subject property is 71+ acres in area, identified by tax map key 1-2-7:33 and is located on the east side of Pahoa-Kalapana Highway in the vicinity of the 18-mile marker and approximately 3 miles north from Kaimu Beach in Kakala Keokea Homesteads, Puna, Hawaii. Bernard K. Akana Mayor Duane Kanuha Director William L. Moore Deputy Director Variance Application (V89-24) Water Recuiremen.ts Tax Neap Key 1-2-7:33 The approval is based on the following: SPECIAL AND UNUSUAL CIRCUMSTANCES There are special and unusual circumstances applying to the subject property which deprive the applicant of substantial property rights that would otherwise be available or which interfere with the best use or manner of development of the property. The proposed subdivision is only 150 ft. from the Kalapana-Pahoa 8" water transmission line. However, the Department of Water Supply has stated in their March 14, 1980 subdivision application response, that the water source facilities cannot accommodate the proposed subdivision and no system improvements are being funded in the near future. The subdivision, therefore, is not being allowed to connect to the County system at this time even though the owner applicant was desirous of doing so. Land developments which r. Daniel Wilson Page 2 January 10, 1990 had occurred before January 1987, were allowed to connect, but the source is now inadequate. Future but indefinite improvements will rectify the situation. Only 1 water meter per existing lot) connections are being allowed. Based on the foregoing, it has been determined that there are special and unusual circumstances applying to the subject property which exist to a degree which deprive the owner of substantial property rights that would otherwise be available, or which unreasonably interfere with the best use or manner of development of the property. ALTERNATIVES There are no reasonable alternatives available to resolve the existing insufficient source and system. Only extensive improvements to the County water source system would alleviate the situation, and no timetable nor funding is presently available. Developing a private roof catchment system to provide the development with water is the only other means available, and this is what the applicant intends to do if permitted by the variance permit. An analysis of the annual median rainfall for the area indicates that there is sufficient rainfall to support an adequate water roof catchment and storage system. INTENT AND PURPOSE The intent and purpose of the water requirement of. the Subdivision Code is to ensure that adequate potable water is made available for human consumption and, in higher densities, for fire protection. Lacking sufficient public or private piped water systems to connect to, the presence of an adequate rainfall catchment and storage capacity is in some cases deemed a temporarily acceptable substitution for limited size developments. Although the County General Plan's policies and standards call for water systems built to DWS standards, the fact that the transmission line is nearby and available for tapping but for the insufficient supply source is one rationale for permitting a catchment system for this 6-let subdivision. It should not be construed as being an automatically permitted alternative for subdivisions which are presently beyond the scope of the County water system. Mr. Daniel Wilson. Page 3 January 10, 1990 Were the rainfall less, the development (number of lots) larger andd the waterline so distant from the development as to appear a remote prospect for many years, the substitution of a roof catchment system for the County standard system might not be warranted. Because future residents of all subdivisions have common basic expectations of adequate access and water, these necessities must be available in appropriate scale and standard. Therefore, in consideration of the zoning designation, property rights of the owner, and the practical possibility in the future for improvements to the existing Count water system, the variance request is found to be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning Code and the County General Plan; will not be materially detrimental to the public's welfare; and will not cause substantial adverse impact to the area's character ane adjoining properties, provided certain conditions are met. Therefore, the Planning Director has concluded that this variance request be approved subject to the following conditions: 1. The applicant, his assigns or successors, shall be responsible for complying with all stated conditions of approval. 2. The applicant, his assigns or successors, shall file a written agreement with the Planning Department prior to receipt of final subdivision approval containing the following stipulations and covenants: a. That the subdivider agrees and accepts the .fact that a County dedicable public water system is not now or in the foreseeable future able to service the subdivision, and that no portion of the subject property may be further subdivided without first having a water system neeting with the standards of the Department of Water Supply. b. That the subdivider agrees and accepts the fact that the County will not at any time hear the responsibility of supplying public water to the subdivision. C. That any future dwellings constructed on, the property shall have a minimum of 1,500 square feet roof catchment surface with a minimum 10,000 gallon water storage facility. Mr. Daniel Wilson Page 4 Januar 10, 1990 d. That no ohana dwellings will be permitted on any lots that are not served by the County water system. e. That the written agreement shall be duly recorded at the Bureau of Conveyances of the State of Hawaii by the Department at the cost and expense of the subdivider. 3. In the event that there are any amendments or changes to the subdivision after the agreement is signed, the subdivider shall be responsible for informing the Department of the amendments or changes so that the agreement can reflect the amendments or changes; further, the written agreement shall be considered as a condition and covenant running with the land and shall be binding upon the subdivider or owner, his heirs, executors, administrators or assigns and its successors and assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease cr other similar documents affecting the title or ownership of each subdivided lot. 4. In the event that any of the lots are provided by a water service (individual meter) from the Department of water supply or an approved private water system, the above covenants for the specific property will no longer be in effect. 5. All other applicable State and County rules and regulations shall be complied with. Should any of the foregoing conditions not be met, the Director may proceed to declare the variance null and void. If. you have any questions on this matter, please feel free to contact us. Qncerely, y P ! p D NE KANUHI Planning Director DT : lm. / cc: Subd. 89-38 v August 25, 1989 Kr. Daniel 11ilson p.o. Box 1316 pahoa, HI 96778 Dear Mr. Wilson: Variance Application (V89-24) Water Requirements Tax Vap Key: 1-2-7:33 is to acknov,ledge receipt on August 15, 1985, oz your cc:r lete variance application and to inform you of the processing re'L i rerFnt s. You are responsihle for notifying all property o,,.,.ners within 300 feet of the subject property regarding your variance request. T-he ar^.enrleO proce6ures require that: ao later thin AueruGt 31, 19890, 'the applicant S}'ail serve notice of the applicatior, on owners of interests in p_ rerties within three hundred (300) feet of the perimeter boundary of the applicant's rroperty and to owners of interests in other properties which the Director ray find to be directly affected by the variance sought. such notice shall state: 1) she name of the applicant. 2) The precise location of the property involved. 3) The nature of the use sought and the proposed accompanying structures, if any. 4) The date on which the Director Will consider tLc application.` rU6 2 8 i9eg 4 y._ Mr. Daniel Wil son August 25, 1989 Page 2 Please be inforrcc that the Planning Director will be renccering a recision or. your Variance request on or after SeptemhLr 25, 1"`%C9, but no le%ter than Ccto}:cr 14, 1989, unless ar. extension of time iG anreed upon. Please he furt'j:er informed that prior .to :.tis k:Ftc, You are required to submit to us proof of service of -I- notice of the application to the surroundirg property owners. Such precf may consist of certified mail receipts, affidavits or tl 1-N-. For your information, we are enclosing a coYv of the Fu:^ ic notice wl-Ach cescrirec your Variance Application.. YCu use this description or format in your notification letter_. hCuls you haV•- env questions, nlec?sc fcol free tc coTit•".c`_ Donal(; 70rca s,f this office at 962-8208. EncI o: ur-- Si r.ccrely, I IX, U) -& 4. 41 ru- 7 5'i lzJi•"..r. June 28, 1989 Mr. Daniel E. Wilson P. O. Box 1316 Pahoa, HI 96778 Dear Mr. Wilson: Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokee Homesteads Puna, Hawaii TMK: 1-2-07:33 (89-38) This is a follow-up to our letter of April 10, 1989. In our letter, we deferred further action on the application until June 10, 1989 to allow the subdivider additional time to submit a variance application to seek recourse from the water requirements as provided in the Subdivision Code. To date, no correspondence has been received-, at this office. Your response on the above matter by July 28, 1989 will be appreciated. If no response is received within this period,, pur- surant to the SubdivisionCode, appropriate action to deny the application will be taken. If we can be of any assistance, Dlease do not hesitate to contact us. Sin ely, Duane Kanuha Planning Director MO:mh cc 4 ens, ineers Elizabeth Furtado, et al. Haj irne Takata 3 3N 2 9 1999 April 10, 1989 Mr. Daniel E. Wilson P. O. Box 1316 Pahoa, HI 96778 Dear Mr. Wilson: Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokee Homesteads Puna, Hawaii TMK: 1-2-07:33 (89-38 Please be advised that the Department of Water Supply has informed this office that its existing water source facilities cannot support the proposed subdivision at this time. They added that sufficient funding is not available and no time sche- dule is set for source development. As such, to seek recourse from the water requirements as provided in Chapter 23, Article 6, Division 2, Section 23-84, Subdivision Control Code, please complete and return by June 10, 1989, the enclosed "Application for Variance" accompanied by the required attachments and fee for our review. It should be pointed out that a variance request is not a tacit approval. If no word is received by the due date, pursuant to the Subdivision Control Code, appropriate action will be considered. For your information and -use, we are enclosing copies of comments from the Department of Public -Works and the State De- partment of Transportation, Highways Division regarding the pro- posal. In conclusion, the proposed subdivision application is officially deferred until the water issue is concluded. APR 1 198p Mr. Daniel E. Wilson Page 2 April 10, 1989 Should you have any questions, please contact this office. Sincerely,. Duane Kanuha Planning Dire for EC:mh Enclosures cc 4 engineers Elizabeth Furtado, et al. Hajime Takata 1 S U B D I V I S I O N Application No. q— TYPE OF .REQUEST DATE Preliminary, Final, Conso idation) SUBDIVIDER LOCATION - RECEIVED 3 S.L.U. TPiK: .l47;, G.P. -- TOTAL AREA , % ZONING NO. OF'LOTS CQ Soil Class. SIZE OF LOTS / S.M.A. STAFF C01,=NTS Due Date: TECIiNICAL RE:'TET•? PUBLIC WORKS: DEPT. OF WATER SUPPLY: DEPT . OF HEALTH: STMM HIGHWAYS: HILO ELECTRIC LIGHT CO: SOIL CONSERVATION; CONDITIONS OP AF'PIROV;%L f J e 143 Kimo Place Hilo, Hawaii 96720 March 6, 1989 Planning Department County of Hawaii Hilo, Hawaii 96720 Gentlemen: Submitting for your Preliminary approval are eight 8) plans of the subdivision of Lot 14-A (Grant8306 to Kamala K. Ahia) of the Kikiala.-Keokea Homesteads at Puna, Hawaii into 7 lots and Lot 7 being a roadway, 50 feet wide,, with undivided 116 ownership. and designated under Tax Map Key: 1-2-07: 33. 1. Daniel E. Wilson & wife (Linda J.) - Owners p. o. Box 1316, Pahoa, Hawaii 9677jB 2. Patrick T. Fix P. 0. Box 59. Kurtistown, Hawaii 96760 3. Tim C. Shoemaker P. 0. Box 2435, Del Mar, Cal. 92014 4. Nicholas J. Herzmark P. 0. Box 1531, Pahoa, Hawaii 96778 5. Davies Finney P. 0. Box 779, Pahoa, Hawaii 96778 6. Gary W. Hansch RR 2 Box 4873, Pahoa, Hawaii 96778 T t1! w rrum twwu wRnml Hilo, Hawaii y truly yours No.400 March 6, 1989,Q HajifeTakata - Surveyor •/ fOwners cc: County Engineer Manager - BWS Board of Health District Engineer APPLICANT: APPLICANT' SUBDIVI! N AND/OR CQNSOLIDATIQN A TCATION COUNTY QF HAWAI-I PLANNING DEPARTMENT DANIEL E. WILSON, ET AL ADDRESS : p 0 BOX 1316 PAHOA HAWAII 96778 - TELEPHONE NO.; 808) 965-9500 APPLICANT'S INTEREST, if not recorded owner: PURCHASER BY WAY OF A RECORDED AGREEMENT OF SALE RECORDED OWNER • ELIZABETH FURTADO, ET AL ILA OWNER " S S IGNAT'URE : ' DATE : , - J - J ,7 k. 4dz ADDRESS • 1818 ANAPUNI STREET, #104, HONOLULU, HAWAII 96822 TELEPHONE NO.: LSURVEYOR ROBERT BRIGHT $4337 & Ha Time Takata a-4,d 9-8'149 143 Kimo Place, Hilo, Hawaii TELEPHONE NO.. (808) DW,6'=9310 959-7176 DESCRIPTION OF SUBDIVISION • SUBDIVISION OF LOT 14-A (GRANT 8306 TO KAMLA KAHOOKAULANA ARIA) OF THE KIKIALA-KEOKEA HOMESTEADS AT PUNA, HAWAII, STATE OF HAWAII INTO SEVEN LOTS, LOT #7 BEING THE ROADWAY WITH UNDIVIDED 1/6 OWNERSHIP TAX MAP KEY: 3-1-2-7-33 NO. OF LOTS: 7 AVERAGE SIZE LOTS: 11.2 ACRES 427 672 TOTAL ACRES. 71.12 ACRES ZONING: AG-3 THIS APPLICATION MUST BE ACCOMPANIED BY: 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 4, Divisions 1 and 2, Chapter 23, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per lot resulting from the subdivision action, exclusive of roadway or easement parcels. No filing fee is required for Consoli- dation Application of existing lots. 3) Original and 5 copies of'the letter of transmittal. PD: 4/84 wJ l 9 0 PLANNING DEPARTMBW COUNTY OF tl,- WAIF PP P 1w.RECEIVED SUBDIVISION AND/OR CONSOLIDATION APPLICATION COUNTY OF HAWAII PLANNING DEPARIT,= APPLICANT: wr a , C'k, T -. - - APPLICANT'S SIGNATURE: ADDRESS: D IE7 c q . Il V A-rj STV" 4 } a APPLICANT'S INTEREST, If not recorded owner: A C 4 4 £/L 9-L1 40IFlN1 GoA/J 54 fs 4 65 m rp,v7— 6 .'r 5.v 1E OWNER(S) SICNATURE: ADDRESS: I'1g Awq?uN1 5T• %6y .Ne VIV 41 161zz ON DI IN21 Voo •' R4, IA106m SURVEYOR: Robert Bright ADDRESS: SR 5018 Keaau, Hawaii 96749 PHONE NO.: 966-9510 DESCRIPTION OF SUBDIVISION: Subdivision of LOT 14-A (GRANT 8306) OF THE KIKIALA-KEOKEA HOMESTEADS into 7 lots & LOt 7 being the rooadway 50 feet wide)with undivided 116 Ownership TAX MAP KEY: 3-1-2-7: 33 NO. OF LOTS: 7 AVERAGE SIZE LCOrS : 727 x 672 ToTA, ACRES: 71 . 12 Acres ZONING: AG-3 THIS APPLICATION MUST BE ACCOMPANIED BY: 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 2, Sec. 3.04, Chapter 9, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per each lot resulting from the subdivision action, exclusive of roadway or easement parcels. No filing fee is required for Consolidation Application of existing lots. 3) Original and 5 copies of the letter of transmittal. July 1982 P.D. SUBDMSION AND/OR CONSOLIDATION APPLICATION COUNTY OF HhWAII PLANNING DEPARTV0gT APPLICANT: APPLICAN ADDRESS: TELEPHONF, NO.: APPLICANT'S INIEREST, If not recorded owner: TV IR c. N A SE9. TWAT sF OUE R(S) SIGNATURE: DATE: ADDRESS: 181 A 10f4 PUN i ST. 1*10 N. TELEPHONE NO. : SURVEYOR: Robert Bright ADDRESS: PHONE NO.: SR 5018 Keaau, Hawaii 96749 966- 9510 DESCRIPTION OF SUBDIVISICN• Subdivision of Lot 14-A Grant 8306) of the Kikiala-Keokea Homesteads into 7 lots and Lot 7 being the roadway ( 50 feet wide) with undivided 116 ownership TAX MAP KEY: 3-1-2-7: 33 NO. OF LOTS: 7 AVERAGE SIZE LOTS: 727 x 672 ZONING: AG-3 THIS APPLICATION MUST BE ACCOMPANIED BY: WrA, ACRES: 71 . 12 Acres 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 2, Sec. 3.04, Chapter 9, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per each lot resulting from the subdivision action, exclusive of roadway or easement paroels. No filipg fee is required for Consolidation Application of existing lots. 3) Original and 5 copies of the letter of transmittal. July 1982 P. D. SUBDIVISICN AND/OR CONSOLIDATION APPLICATION COUNTY OF HAWAII PLANNING DEPAR14ENT APPLICANT: N 1 G 1196 a% EA ZM Aa APPLICANT'S SIMATURE: Cam` Z' ADDRESS: 1.0 . OX 1531 (/ t i41 s A 1! 1 9 69` 71 11. rMITTIMM APPLICANT'S INTEREST, If not recorded owner: 7y A C N AS tt -2 H c9 A 4 o + 9A GoR D E!J 4 f b in tcNT 0'r 6416, OWNER(S) SIGNATURE: 0, V.1, 4 V ADDRESS: I $18 Q N A P uN•1 :'r- # 1A, 1+0 a O 1019 + !a-1 `i (9 4 72 *2- 00UMM • 415-1 , 74V SURVEYOR: Robert Bright ADDRESS: SR 5018 Keaau, Hawaii 96749 PHCNE NO.: 966-9510 DESCRIPTION OF SUBDIVISION: Subdivision of Lot 14-A (Grant 8306) of the Kikiala-Keokea Homesteads into 7 lots and Lot 7being the roadway (50 feet wide) with undivided 1/6 ownership TAX MAP KEY: 3-1-2-7: 33 AVERAGE SIZE LOTS: 727 x 672 ZONING: AG-3 THIS APPLICATION MUST BE AC'CCMPANIED BY: NO. OF DOTS: 7 TXA, ACRES: 71 . 12 Acres 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 2, Sec. 3.04, Chapter 9, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per each lot resulting from the subdivision action, exclusive of roadway or easement parcels. No filing fee is required for Consolidation Application of existing lots. 3) Original and 5 copies of the letter of transmittal. July 1982 P.D. 1 SUBDIVISICN AND/OR CONSOLIDATION APPLICATION.: COUNTY OF HAW II APPLICANT: APPLICANT'S SIGNATURE: z ADDRESS: Tj .O . -?j me 4 -+9 6 *4 -PB T=HONE NO.: APPLICANT'S INTEREST, If not recorded owner. Tv it G14 A8-E2 "Rd to kJ J. T D : A A i-cyot a is 1-6Aiwre M ievr . bF OMER (S) SIGNATURE: DATE: ADDRESS: I pj A N A IPv lv 1 5T . '41 D'/,,, _ H-P NN Dom, A-1 j (P $'2 Z TELEPHC NE NO. : im SURVEYOR: Robert. Bright ADDRESS: SR 5018 Keaau, Hawaii 96749 PHCNE NO.: 966-9510 DESCRIPTION OF SUBDIVISICN: Subdivision of Lot Lot 14-A (Grant 8306) of the Kikiala-Keokea Homesteads into 7 lots and Lot 7 being the roadway ( 50 feet wide) with undivided 116 ownership TAX MAP KEY: 3-1-2-7: 33 NO. OF LOTS: AVERAGE SIZE IL TS : 727 x 672. TOTAL ACRES: ZONING: AG-3 THIS APPLICATION MUST BE ACCOMPANIED BY: 7 71. 12 Acres 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 2, Sec. 3.04, Chapter 9, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per each lot resulting from the subdivision action, exclusive of roadway or easement parcels. No filing fee is required for Consolidation Application of existing lots. 3) Original and 5 copies of the letter of transmittal. July 1982 P. D. SUBDMSICN AM. /OR CCNSOLIDATICN APPLICATION COUNTY OF HAW I I PLANNING DEPAR 4ENT APPLICANT: 6 ARu R pNScN•' -y-T- a i' APPLICANT'S SIGNATURE: ADDRESS: R .R . 2 h! S 7 3 A tA-1 9 6 7 A Y TELEPHOIP NO.: APPLICANT'S IlV'IT..REST, If not recorded owner: _PV A C FJ 114 ik ib CJ Aft 19F A 'Rf."&'oto 146AKmf mr e-1 5/aAr OWNER(S) SIGNATURE: DATE: ADDRESS : ) 001g 1414 A try N I -1T. 0-- 1 e c R7W e v ly 1'i-% ' 9 Z Z u TELEPHCNE NO.: SURVEYOR: Robert Bright ADDRESS: SR 5018 Keaau, Hawaii 96749 PHCNE NO.: 966- 9510 DESCRIPTICN OF SUBDIVISICN: Subdivision of Lot 14-A (Grant 8306) o_.f the Kikiala-Keokea Homesteads into 7 lots and Lot 7 being the roadway (50 feet wide) with undivided 116 ownership TAX MAP KEY: 3-1-2-7: 33 NO. OF LOTS: 7 AVM SIZE LAPS: 727 x 672 TOTAL ACRES: ZONING: AG-3 THIS APPLICATION MUST BE ACCCMPANIED $Y: 71.12 Acres 1) 8 copies of the preliminary map drawn to scale and prepared in accordance with Article 2, Sec. 3.04, Chapter 9, Subdivision Control Code of the County of Hawaii. This also includes a vicinity map. 2) Filing fee based on $15.00 plus $3.00 per each lot resulting from the subdivision action, exclusive of roadway or easement pareels. No filipg fee is required for Consolidation Application of existing lots. 3) Original and 5 copies of the letter of transmittal. July 1982 P. D. RECORDATION REQUESTED BY: AFTER RECORDATION, RETURN TO: RETURN BY: MAIL ( ) PICKUP ( ) CONSENT TO SUBDIVISION AND FIRST M !GAIION OF AGREtMLNi-UF SALE Thi s Agreement entered into this day of eun.l .4 1987, between JOSEPH ALMA FURTADO and ELIZABETH E. FURTADO, husband and wife; and JOYCE H. FURTADO, single; all of whose residence and post office address is 1818 Anapuni Street, Apartment 104, Honolulu, Hawaii 96822, hereinafter, jointly and severally called "Seller"; and DANIEL EARL WILSON and LINDA JANE WILSON, husband and wife, whose mailing address is P. 0. Box 1316, Pahoa, Hawaii 96778; PATRICK THEADORE FIX, single, whose mailing address is P. 0. Box 59, Kurtistown, Hawaii 96760; NICHOLAS JOSEPH HERZMARK, single, whose mailing address is P. 0. Box 1531, Pahoa, Hawaii 96778; KENNETH EUGENE KNUDSON, single, whose mailing address is P.O. Box 1390, Pahoa, Hawaii 96778; DAVIES FINNEY, single, whose mailing address is P.O. Box 779, Pahoa, Hawaii 96778; and TIMOTHY CHARLES SHOEMAKER, single, whose mailing address is P.O. Box 1390, Pahoa, Hawaii 96778, hereinafter, jointly and severally, called "Purchaser", W I T N E S S E T H WHEREAS, Elizabeth E. Furtado and Purchaser entered into an Agreement of Sale dated April 6, 1981, covering real property identified as Tax Map Key: ( 3 ) 1-2-7-33 and described therein, which Agreement of Sale is recorded in the Bureau of Conveyances of the State of Hawaii in Liber 15472, Page 178; and WHEREAS, by instrument dated January 29, 1982, recorded as aforesaid in Liber 16139, Page 364, Elizabeth E. Furtado conveyed her interest in said real property to Seller; and WHEREAS, the present unpaid principal balance under said Agreement of Sale is TWO HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($215,000.00), with monthly payments being made of interest only of $1,782.72; and WHEREAS, Purchaser wishes to subdivide TMK: (3) 1-2-7-33; and WHEREAS, Seller consents to said subdivision only upon the modification of said Agreement of Sale as hereinafter set forth; i NOW, THEREFORE, in consideration of the premises, Seller and Purchaser hereby agree as follows: 1. Seller consents to the subdivision of TMK: (3) 1-2-7-33 only in accordance with that survey prepared by Robert S. Bright and dated July 27, 1982 comprising domiciliary lots "A" through "F" and roadway lot "G". 2. Said land, as subdivided will continue to be subject to said Agreement of Sale, with the individual purchasers' interests continuing to be undivided interests as to all parcels. That there are_ six "individual" purchasers and six domiciliary lots shall not be interpreted to result in a subdivision of ownership concomitant with the subdivision of the land. 3. This consent to subdivision shall not be interpreted to allow for deeds in partial satisfaction of agreement of sale and Purchaser shall continue to be required to fully satisfy this Agreement of Sale in order to extinguish Seller's interest as to any part of the subject real property. 2- 4. In connection with said subdivision, Purchaser will comply with all lawful requirements and regulations of all governmental authorities, and will keep said land free and clear of any mechanic's or material men 's liens. Purchaser will bear all costs of said subdivision. 5. Purchaser agrees that subsequent to execution of this Agreement, apart from the subdivision consented to herein, no further improvements shall be allowed upon the land subject to this Agreement of Sale without the prior written approval of Seller, which approval may be arbitrarily or unreasonably withheld, anything to the contrary herein notwithstanding. 6. Except as expressly modified herein, said Igreement of Sale dated April 6, 1981, is confirmed and reconfirmed. IN WITNESS WHEREOF, Seller and Purchaser have executed these presents the day and year first above written. MFURTADO B R JG,YCE H. FURTADO Seller i4..A%Ld- 6 -- WILSON 3- Purchaser 4- k STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this :' ' day of 1987, before me personally appeared KENNETH—=NE KNUDSO to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: L7/ STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this q?jL _ day of , 1987, before me personally appeared DAVIES FINNEY , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notary Puo ic, State of Hawaii My commission expires:aef STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1987, before me personally appeared TIMOTHY CHARL-ES SHOEM R r_n MP SAFE CC) T1TLC IN;,UHANCL' TATC OF CAL11:011NIA '^ COUNTY Or 5.. ___...._..._...___.. _.._. 87 On u,i Inc August3rddayo(--•--•------_— _..— 1J_ .. _ . bclurc me Inc undcr:;ujncd. a Notary Public m and for ..aid County and :,latc, personally apprarcd ---- ron NOTARY ;,CAL oil :.TAMP per.onally known to me or provcd to me un Inc ba;i5 ul salislac lor/ cvidrncc to be the pacn,d oanC _t.n_oVvae_ dvrhrud,cIhnaalme.••__.___c_ xc,wublc,cdrtbhce J: iaumthcc within in,trumcnl ; ='r,aw ram{• ' OFFICIALSEALSUSAN M ANnFRSONNIANOTARY PUDUCAF SAN DtcCO COUNTY Myccmm. expires MAY 28, 1991 iUnalurc of Nol:uy i STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1987, before me personally appeared NICHOLAS JOSEPH HERZMARK to me known to be the persondescribedinandwhoexecutetheforegoinginstrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this %f, day of 1987, before me personallyappearedPATRICKTHEADOREFIXtomeknowntobethepersondescribedinandwhoexecutedtheforegoinginstrument, and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: lall . STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this Y,' t day of Ve1987, before me personallyappearedDANIELEARLWILSONtomeknowntobethepersondescribedinandwhoexecutedtheforegoinginstrument, and acknowledged that he executed the same as his free act and deed. Notary Pubiic, State ot Hawaii My commission expires: k S'y STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1987, before me personally appeared LINDA JANE WILSON to me known to be the person described in and who execute the oregoing instrument, and acknowledged that she executed the same as her free act and deed. Nbtary Pu lic, State of Hawaii My commission expires:" /C;/99J STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this l day of 1 R (YL Z.' 1987, before me personally appeared JOSEPH A n RTADO to me known to be the persondescribedinandwhoexecutedtheforegoinginstrument, and acknowledged that he executed the same as his free act and deed. STATE OF HAWAII D<1Y , k (n A"tN' Notary Public, State ofi HawaiMy commission expires: t 1 q / SS. CITY AND COUNTY OF HONOLULU ) On this day of 'Qhter 1987, before me personally appearedELIZABETHE. FURTADO to me known to be the person describedinandwhoexecutedtheforegoinginstrument, and acknowledged that she executed the same as her free act and deed. 6 I I 11 I, STATE OF HAWAII SS. CITY AND COUNTY OF HONOLULU ) n Notary Public, State of/ Hawaii My commission expires: e On this i day of 1987, before me appeared JOYCE I. FURTADO to me known to be described in and who executed the foregoing instrument, and that she executed the same as her free act and deed. personally she person acknowledged Notary Pu lic, State of Hawaii My commission expires: I/ March 7, 1989 Mr. Daniel E. Wilson et al P. 0. Box 1316 Pahoa, HI 96778 Dear Mr. Wilson: Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokea Homesteads Puna, Hawaii TMK: 1-2-07:33 (89-38). This is to acknowledge receipt of eight (8) copies of the preliminary map and filing fee of $33 for the referenced appli- cation. By a copy of this letter, we are forwarding the application to the concerned agencies for their review and comments. We anti- cipate responses from those agencies within two weeks of the date of this letter. We will inform you as soon as action is taken on the application. In the meantime, should you have any questions, please feel free to contact us. Si rely, Dua a Kanuha Planning Director mh cc 4 engineers w/application DOE w/application Elizabeth Furtado, et al. Hajime Takata 8 1989 M HAWAII DISTRICT Department of Education TO: Hawaii County Department of Planning FROM: Hawaii District Department of Education Date: March 8, 1989 SUBJECT: Proposed subdivision of Lot 14-A TMK: 1-2-07:33 (89-38) Hawaii District, Department of Education, has no objection to the application. Hawaii District, Department of Educatioq recommends the following: Schools Affected: For the Department of Education: erbert S. Watanabe District Business Specialist 4E OF N9 t JOHN WAIHEE JOHN C. LEWIN, M.D. GOVERNOR OF HAWAII '8 DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P. O. BOX 916 HILO, HAWAII 96721-0916 DATE: March 13, 1989 TO: Planning Director, County of Hawaii FROM: Acting Chief Sanitarian, Hawaii District SUBJECT: Proposed subdivision of Lot 14-A Grant 8306, Kikala-Keokea Homesteads Puna, Hawaii TMK: 1-2-07:33 (89-38) The use of cesspools as means of individual wastewater disposal above UIC line may not be allowed as of January 1, 1990 per 11-62. n LENN H. TOMORI Acting Chief Sanitarian Hawaii District DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 25 AUPUNI STREET • HILO, HAWAII 96720 March 14, 1989 TO: Planning Department FROM: H. William Sewake, Manager SUBJECT: SUBDIVISION APPLICATION NO. 89-38 WILSON ET AL. TAX MAP KEY 1-2-07:33 Please be informed that the Department's existing water source facilities cannot support the proposed subdivision at this time. Currently, sufficient funding is not available and no time schedule is set for source development. Should you have any questions, please contact Mr. Quirino Antonio, Jr., of our staff at 969-1421. H. William Sewake Manager IN cc - Mr. Hajime Takata Mr. Daniel E. Wilson Mr. Patrick T. Fix Mr. Tim C. Shoemaker Mr. Nicholas J. Herzmark Mr. Davies Finney Mr. Gary W. Hansch Wafer brine progrem .. . JOHN WAIHEE GOVERNOR STATE OF HAWAII DEPARTMENT OF TRANSPORTATION HIGHWAYS DIVISION HAWAII DISTRICT 50 MAKAALA STREET P.O. BOX 4277 HILO, HAWAII 96720 March 20, 1989 Mr. Duane Kanuha, Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Mr. Kanuha: EDWARD Y. HIRATA DIRECTOR DEPUTY DIRECTORS JOHN K. UCHIMA RONALD N. HIRANO DAN T. KOCHI JEANNE K. SCHULTZ IN REPLY REFER TO: HWY-H 89-2.0216 Subject: Subdivision Application No. 89-38, Daniel E. Wilson etal, TMK: 1-2-07:33, Hwy. Project No. 5-0130(12) Our comments on the subject subdivision application are as follows: 1. Show no vehicular access control symbols through the 15-foot road reserve along both sides of highway right-of-way. Show 52.91' access permitted opening and label dimension of 401 access permitted opening where Government Road accesses the state highway. 2. The Old Government Road may require improvements to accommodate the increase in traffic. 3. Any existing or proposed road or driveway connecting to the state highway shall meet the standards given in the current edition of the Hawaii Statewide Uniform Design Manual for Streets and Highways" and the "Specifications for Installation of Miscellaneous Improvements within State Highways". Very truly yours, 6 it ALVAH T. MIYAMOTO District Engineer RT/GK:cs EPARTMENT OF PUBLIC WC ,S COUNTY OF HAWAII HILO, HAWAII emo an um TO Planning Department FROM ,Hugh Y. Ono, P.E., Chief Engineer .17 SUBJECT: Subdivision No.: 89-38 Subdivider: Daniel E. Wilson, et. al. Location: Kikala-Keokea Homesteads, Puna, HI TMK: 1-2-07:33 DATE April 4, 1989 We have reviewed the subject subdivision application and our comments are as follows: 1) Indicate: a) Location and direction of any watercourses or any areas that may be subject to inundation by a 100-year storm. b) Zoning within and adjacent to the subdivision. 2) Submit proof of proper access from Kaimu-Pahoa Road to the proposed subdivision. The 'government road" designation where apparent access is being platted is a road remnant approximately 35' wide and may not contain necessary improvements for proper access. Additionally, the horizontal alignment appears inadequate for vehicle turning movements. 3) The "road remnant" and 15' wide road reserve is not maintained by the County and is under the jurisdiction of either DLNR or the State D.O.T. Subdivider shall obtain permission from DLNR for use and provision of all necessary or required road improvements. 4) Within the proposed subdivision, the applicant shall provide minimum 20' wide agricultural street pavement within a minimum 50' wide right-of-way. Where roadway grades are 8% or greater, the roadway shall be constructed to paved standards of the code. 5) Roadways shall not intersect at less than 600. It appears that the configuration of the road remnant access does not meet the requirement. 6) All generated storm flow due to roadway and subdivision development shall be disposed of on -site. No additional runoff will be allowed onto adjacent properties. 7) Submit construction plans for review and comment. Memo to Planning Department Page 2 April 4, 1989 8) DPW defers to the State D.O.T., requirements to sight distance, access approach improvements including allowable vehicle angle at access point, and controlled access requirements. 9) Turn -around configuration for the Agricultural street shall meet the standard design of DPW. LEC:aa PUNA SOIL and WATER CONSERVATION DISTRICT Pxo-o-Xr366f HILO, HAWAII 96720 154 Waianuenue Avenue, May 2, 1989 Mr. Duane Kanuha, Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Kanuha: Subject: Subdivision Review (89-38) Elizabeth Furtado, et.al. 1-2-07: 33 We have reviewed the application and do not have any comments at this time. Sincerely, Randy ?abral Chairman RC/maj