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Home My WebLink AboutCOM 1019.000 2018-2020Harry Kim Mayor July 1, 2020 ffoixz4 of �afuavi Roy Takemoto Managing Director Barbara I Kossow Deputy Managing Director WrTirr Of for near 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 Aaron S. Y. Chung, Council Chair and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members: SUBJECT: Amendment to Change of Zone Ordinance No. 09-159 (REZ 09-000098) Applicant: Kona Country Club Request: Five Year Time Extension to Condition D (Time to Complete Construction) Tax Map Key: 7-8-010:101 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above -referenced requests. Sincerely, HARRY KI Mayor TCouncilKonacountryclubF,EZ09-098 Enclosures cc: Planning Department �,v 1%I> County of Hawaii is an Equal Opportunity Provider and Employer Comm. No, 0 Rot. To: G -- Ref. Harry Kim Mayor Roy Takemoto Managing Director JUN 3 0 2020 County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Council Members: Nancy Carr Smith, Chair Perry Kealoha, Vice -Chair Scott Church Mark Van Pernis Michael Vitousek Faith "Faye" Yates SUBJECT: Amendment to Change of Zone Ordinance No. 09-159 (REZ 09-000098) Applicant: Kona Country Club Request: Five Year Time Extension to Condition D (Time to Complete Construction) Tax Map Key: 7-8-010:101 The Leeward Planning Commission, at its meeting on June 18, 2020, recommended for your approval the proposed legislative bill for an amendment to Change of Zone Ordinance No. 09-159. The subject property is located mauka of the Mamalahoa Highway Bypass, between the Highway and the Kona County Club mauka golf course, Keauhou Resort, Keauhou, North Kona, Hawai `i. The applicant, Kona County Club, Inc., has submitted an application for a five (5) year time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159, which was originally approved on December 30, 2009, and which reclassified 51.058 acres of land from an Agricultural 5 -acre (A -5a) to a Multiple -Family Residential 30,000 square feet (RM -30) zoning district. The applicant initially proposed to develop a maximum of sixty (60) single- and multiple -family residential units and related amenities with the intent of having them used as vacation rental units. In trying to address the various rezoning conditions such as water (according to the applicant, DWS requires approximately two (2) units of water for each Hawai `i County is an Equal Opportunity Provider and Employer Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 dwelling unit to account for potable water and irrigation), archaeology, and emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings with related amenities, including a recreation center, to possibly include a pavilion or lanai, swimming pool, and a barbeque area. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. Since the change of zone was granted in 2009, the applicant has been diligently working on satisfying conditions of approval, the most time consuming of which were completing archaeological and cultural resource mitigation plans. In compliance with Condition N of the subject Change of Zone Ordinance, the applicant submitted an updated Archaeological Inventory Survey (AIS), which was approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified 52 archaeological sites, including 22 sites that were recommended for data recovery fieldwork. Of those, nine (9) sites were considered possible burials, eight (8) of which were recommended for exploration through data recovery fieldwork. The AIS further identified six (6) non -burial sites recommended for preservation, one (1) site recommended for preservation given its proximity to an identified burial and one (1) site recommended for a combination of data recovery and preservation. Based on this proposed mitigation, the applicant submitted and SHPD approved the following plans: a Final Archaeological Data Recovery Plan in 2013; a Burial Treatment Plan for three (3) burial sites with concurrence from the Hawaii Island Burial Council that the sites should be preserved in place in 2014; an Archaeological Preservation Plan outlining specific mitigation commitments and preservation measures for eight (8) sites in 2014; and an Archaeological Monitoring Plan in 2014. Furthermore, Condition P of the subject Change of Zone Ordinance required a completed Cultural Impact Assessment (CIA) be approved by SHPD. By letter dated July 18, 2012, the Planning Department confirmed receipt of the document in compliance with Condition P and noted that according to the CIA's author (Cultural Surveys Hawai `i), there is no formal approval process for a CIA. During this timeframe, other conditions were also being addressed. For example, the applicant largely completed roadway improvements from the Mamalahoa Highway Bypass to the project's entrance as required by Condition F. According to DPW, there are outstanding `punch lists' from the DPW Engineering and Traffic Divisions that need to be satisfied to deem construction complete and eligible for roadway dedication to the County. In response, the applicant's contractor indicated the punch lists were complete and will be requesting a final inspection from DPW. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 The applicant has also paid their water commitment fee pursuant to Condition B for sixty (60) units of water through July 31, 2020. The director is recommending the addition of a condition requiring the applicant to maintain valid water commitments to support the proposed use until the water facilities charges are paid in full. In addition, prior to being granted Final Plan Approval (FPA) in 2012, the applicants obtained six (6) affordable housing credits (Condition Q) and paid fair share (Condition R) for the proposed 29 -unit development. The director is recommending retaining the affordable housing condition and amending the fair share condition to ensure that the appropriate requirements are met should the applicant develop at a residential density higher than 29 - units. The applicant secured a five (5) -year administrative time extension to 2019, but after finalizing the archaeological mitigation plans the applicant indicated that they would have only had two (2) years to complete construction of the project by the deadline. Moreover, the applicant stated that they were having difficulty obtaining the necessary financing to complete the project. However, with much of the "soft" work done and the uptick in the economy, the applicant believes they can secure the required financing to complete the construction plans and develop the project within the next five (5) years. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 09 159 have not changed. The RM -30 zoning remains consistent with the LUPAG designation and goals, policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Finally, plans to mitigate impacts on archaeological/cultural sites and resources have been approved and will be implemented through the development of the property. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The Kona Community Development designates the property to be within the "Kona Urban Area" and the current zoning (RM -30) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map. The subject parcel and its immediate surrounding area are designated as Urban Expansion (ue), which allows for a "mix of high density, medium density, low density, industrial, Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 4 industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." The RM zoning continues to conform to the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water, utilities, and transportation systems. Additionally, the RM zoning is consistent with the following goals, policies, and actions of the General Plan: HOUSING ELEMENT ■ Attain a diversity of socio-economic housing mix throughout the different parts of the County. ■ Maintain a housing supply which allows a variety of choice. ■ Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. ■ Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. LAND USE ELEMENT — (MULTIPLE RESIDNETIAL) ■ To provide for multiple residential developments that maximizes convenience for its occupants. ■ To provide for suitable living environments which accommodate the physical, social and economic needs of the island residents. ■ Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities, and public facilities and utilities. Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 5 ■ Development shall not be permitted in natural hazard areas unless proper on-site improvements are provided. ■ Development shall be located in areas where public utilities can be economically provided at an adequate level to meet the demand for the concentrated service. ■ Recreational area and/or facilities shall be considered in multiple residential development. The subject, 51.058 -acre property is irregularly shaped property and situated at the southern end of Alii Drive at the beginning of the Mamalahoa Highway Bypass, east (mauka) of the highway and west (makai) of the Kona Country Club mauka golf course in the Keauhou Resort. The subject parcel is currently vacant of any structures or other improvements. The RM zoning and proposed development is consistent with other multiple family/resort type uses in the surrounding area, which include the Kona Country Club mauka golf course to the north and east (zoned Open), open space zoned A -5a west and south of the site, and a future access road to the south. The proposed development will be developed in accordance with the Zoning Code, including the requirement to obtain a new Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. In addition, the proposed amendment meets the concurrency requirements of the Zoning Code which address traffic, potable water, and Civil Defense Siren availability. The applicant submitted two (2)Traffic Assessments (TA), conducted by Austin, Tsutsumi & Associates for both the current proposed 29 -dwelling unit residential development as well as a TA for a larger, 60 -dwelling unit development currently entitled by density and SMA Use Permit for the project site. According to the latter TA, "The trip generation projected for the 60 -unit project indicates that a total of 13 vehicles per hour (vph) are anticipated during the AMcommuter peak hour of traffic and a total of 17 vph are anticipated during the PMcommuter peak hour of traffic, and thus the Project does not meet the minimum criteria of 50 peak hour trips specified in the Zoning Code's Concurrency Requirements to require a Traffic Impact Analysis Report (TIAR). " As previously stated, the applicant has a water allocation/commitment of sixty (60) units available to the parcel. Condition C of the subject ordinance requires the applicant to construct water improvements outlined in DWS' July 29, 2009 memorandum addressed to the Planning Department prior to obtaining Certificate of Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 6 Occupancy. However, DWS subsequently submitted a letter outlining additional requirements, including the development of a Water Master Plan to ensure provision of adequate water pressure and volume under peak -flow and fire -flow conditions, and any water improvements required to meet those provisions. Additionally, DWS articulated standard necessary water system improvements, facilities charge amount and remittance instructions, and water improvement conveyance requirements. As the required water system improvements have changed since 2009, the Planning Director is recommending changing Condition C to remove reference to the 2009 DWS memo and add a more standard requirement for the applicant to construct improvements as required by DWS. Finally, the Zoning Code was recently amended to include regulation of Short -Term Vacation Rentals (STVR). According to Section 25-4-16 (c), STVRs are permitted in the RM district, 'for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 5148, Hawai `i Revised Statutes. " According to the amendment application, the updated development proposal is for 29 single-family dwellings and therefore, despite the Planning Director's November 30, 2009 determination that dwellings in the project area could be used as vacation rentals, the project as currently proposed would not be eligible for STVR approval under the existing code. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located outside the Tsunami Evacuation Zone and the applicant will be required to ensure that all development - related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional flora/fauna study was submitted. according to the application, the majority of the site is bare of vegetation and grading and construction will occur in selected areas of the property. The non -graded areas of the property will be retained as much as possible in their natural state and possibly supplemented with plants that already grow in the area. The applicant does not expect any listed, threatened, or endangered plant or animal species within or near the project site. With sparse vegetation, the project site provides only a limited habitat for fauna. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is situated fully within the SMA but does not have shoreline frontage. On September 22, 2009, the Planning Commission approved SMA Use Permit No. 09-000034 to allow the development of a mix of 60 single- Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 7 and multiple -family residential units and related improvements. The effective date of this permit was concurrent with the effective date of the subject rezone ordinance and is currently still in effect. The current proposed twenty-nine (29) single-family dwellings with related amenities development is in line with the SMA permit and will be subject to all conditions thereto. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 159. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove satisfied conditions. The accompanying draft bill to amend Ordinance No. 09 159 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information will be provided under separate cover. Sincerely, DocuSigned by: N44 -Cy C44 5*" 6/30/2020 1 9:19 AM HAST D9A0EEF837FE482... Nancy Carr Smith, Chair Leeward Planning Commission LKonacountryclubREZ09-0981pc2 Enclosures Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 8 cc: Sidney Fuke, Planning Consultant Kona Country Club Department of Public Works Department of Water Supply John Mukai, Esq., Corporation Counsel BKCCREZAmend.crk.5.15.2020 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KONA COUNTRY CLUB, INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 159 (REZ 09-98) KONA COUNTRY CLUB, INC. has submitted an application to for a time extension request for Condition D (Time to Complete Construction) of Ordinance No. 09-159, which reclassified 51.058 acres of land from an Agricultural 5 -acre (A -5a) to a Multiple -Family Residential 30,000 square feet (RM -30) zoning district. The subject property is located mauka of the Mamalahoa Highway Bypass, between the Highway and the Kona Country Club mauka golf course, Keauhou Resort, Keauhou, North Kona, Hawaii, TMK: (3) 7-8-010:101. APPLICANT'S REQUEST AND REASONS 1. Applicant's Request: The applicant is requesting a five (5) -Year Time Extension for Condition D (Time to Complete Construction), which states: "Construction of the proposed development shall be completed within five (5) years from the effective date of the ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development in accordance with Section 25- 2- 70, Chapter 25 (Zoning Code), Hawai `i County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawai `i County Code. An updated traffic assessment shall be submitted in conjunction with the plans for Plan Approval. Should the assessment, subject to concurrence by the Planning Director and Public Works Director, conclude that the project is anticipated to generate fifty or more peak hour trips, then a Traffic Impact Analysis Report (TIAR) pursuant to the concurrency requirements of Section 25-2-46(d), Chapter 25 (Hawai `i County Code) shall be prepared and submitted for the review and approval of the Planning Director and the Public Works Director. All recommended traffic mitigation outlined in the TIAR shall be implemented prior to issuance of a Certificate of Occupancy for the first residential unit within the project area." 2. Applicant's Reasons for the Request: The applicant initially proposed to develop a maximum of sixty (60) single- and multiple -family residential units and related amenities -1- with the intent of having them used as vacation rental units. In trying to address the various rezoning conditions such as water, archaeology, and emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings with related amenities, including a recreation center, and to possibly include a pavilion or lanai, swimming pool, and a barbeque area. In the July 23, 2012 letter requesting an administrative time extension, it was noted that after the rezoning was approved, the applicant promptly sought to address a number of the archaeological and cultural -related zoning conditions. That combined with the then sagging economy, affected the applicant's ability to finalize the financing of its project at that time. However, with much of the "soft" work done and the uptick in the economy, the applicant believes it can secure the required financing to complete the construction plans and develop the project within the requested 5 -year extended timeframe. 3. Landowner: Kona Country Club, Inc. 4. Supportive Information: The applicant has submitted the attached in support of the request: (P.D. Exhibit 1 - Application for Time Extension dated December 30, 2019 and Additional Information dated January 6, 2020) CHRONOLOGY OF LAND USE PERMITTING 5. December 30, 2009: Effective date of Change of Zone Ordinance No. 09 159 approved by the County Council, which reclassified 51.058 acres of land from an Agricultural 5 - acre (A -5a) to a Multiple -Family Residential 30,000 square feet (RM -30) zoning district. The applicant initially proposed to develop a maximum of sixty (60) single -and multiple - family residential units and related amenities (see Exhibit A in the application). 6. August 8, 2012: The Planning Director granted an administrative time extension to Condition D (Time to Complete Construction) until December 30, 2019. (see Exhibit B in the application). 7. August 28, 2012: Final Plan Approval (PLA -12-000869) was issued by the Planning Department to allow the development of twenty-nine (29) single-family dwellings with related amenities, including a clubhouse and swimming pool (see Exhibit E in the application). This approval has since lapsed, and the applicant will be required to submit new plans for Final Plan Approval prior to construction. -2- 8. December 30, 2019: Date the applicant submitted their request for time extension and other amendments to Ordinance No. 09 159. STATE AND COUNTY PLANS 9. State Land Use Designation: Urban. 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Urban Expansion (UE), which allows for a mix of high density, medium density, low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 12. County Zoning: Multiple -Family Residential -30,000 square feet (RM -30). 13. Kona Community Development Plan (CDP): The Kona CDP, adopted by the Hawaii County Council by Ordinance No. 08 131 on September 25, 2008, identifies the area as situated within the "Kona Urban Area." Portions of the Kona CDP were recently amended under Ordinance No. 19 91. 14. Special Management Area: The subject property is situated fully within the SMA but does not have shoreline frontage. On September 22, 2009, the Planning Commission approved SMA Use Permit No. 09-000034 to allow the development of a mix of 60 single- and multiple -family residential units and related improvements. The effective date of this permit was concurrent with the effective date of the subject rezone ordinance. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 15. Project Site: The subject, irregularly shaped property is situated at the southern end of Alii Drive and the beginning of the Mamalahoa Highway Bypass, east (mauka) of the highway and west (makai) of the Kona Country Club mauka golf course in the Keauhou Resort. The subject parcel is currently vacant of any structures or other improvements. 16. Surrounding Zoning and Land Uses: Surrounding parcels include the Kona Country Club mauka golf course to the north and east (zoned Open), open space zoned A -5a west and south of the site, and a future access road to the south. 17. FEMA Flood Insurance Rate Map (FIRM): Zone X (area of minimal flood hazard determined to be outside of the Special Flood Hazard Area). -3- 18. Archaeological/Historical Resources: In compliance with Condition N of the subject Change of Zone Ordinance, the applicant submitted an updated Archaeological Inventory Survey (AIS), which was approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified 52 archaeological sites, including 22 sites that were recommended for data recovery fieldwork. Of those, nine (9) sites were considered possible burials, eight (8) of which were recommended for exploration through data recovery fieldwork. The AIS further identified six (6) non -burial sites recommended for preservation, one (1) site recommended for preservation given its proximity to an identified burial and one (1) site recommended for a combination of data recovery and preservation. Based on this proposed mitigation, the applicant submitted and SHPD approved the following plans: a Final Archaeological Data Recovery Plan in 2013; a Burial Treatment Plan for three (3) burial sites with concurrence from the Hawai `i Island Burial Council that the sites should be preserved in place in 2014; an Archaeological Preservation Plan outlining specific mitigation commitments and preservation measures for eight (8) sites in 2014; and an Archaeological Monitoring Plan in 2014. 19. Cultural Resources: Condition P of the subject Change of Zone Ordinance required that a completed Cultural Impact Assessment (CIA) be approved by SHPD. By letter dated July 18, 2012, the Planning Department confirmed receipt of the document in compliance with Condition P and noted that according to the CIA's author (Cultural Surveys Hawai`i), there is no formal approval process for a CIA. 20. Flora/Fauna Resources: According to the applicant, no formal study was submitted. The majority of the site is bare of vegetation and grading and construction will occur in selected areas of the property. The non -graded areas of the property will be retained as much as possible in their natural state and possibly supplemented with plants that already grow in the area. The applicant does not expect any listed, threatened, or endangered plant or animal species within or near the project site. With sparse vegetation, the project site provides only a limited habitat for fauna. 21. Visual Impacts: The proposed development will not impact views of the Kona coastline for motorists traveling on Alii Drive and Mamalahoa Highway Bypass, as the property is located mauka of the roadways. The property is not noted as an area of natural beauty in -4- the General Plan. 22. Public Access: The property is located more than 1,700 feet from the shoreline and mauka of other resort properties. Existing public accesses to and along the shoreline will not be impacted by the project. PUBLIC UTILITIES AND SERVICES 23. Access: The primary proposed access to the project site is from the Mamalahoa Highway Bypass. An existing permitted access connection is available on Mamalahoa Highway Bypass for the property and lands mauka of the Kona Country Club Golf Course. This access connection coincides with an existing unsignalized, channelized intersection and the location of a portion of the project site. The applicant proposed to improve the access from the highway intersection to the proposed residential portion of the project site. The Department of Public Works recommended the construction of a collector roadway from the Mamalahoa Highway Bypass to the project access to County dedicable standards and Condition F of the subject ordinance reflected this requirement. The application indicated that the required roadway construction was complete, although the improvements have not yet been dedicated to the County. However, according to DPW, there are outstanding `punch lists' from the DPW Engineering and Traffic Divisions that need to be satisfied to deem construction complete and eligible for roadway dedication to the County. Condition E of the subject change of zone Ordinance requires plans submitted for Final Plan Approval reflect a minimum ten (10) -foot wide emergency evacuation access route that extends from the project's easterly boundary, through the existing golf course and up to any point along Alii Drive. The emergency access route is required to be improved to an unpaved road, but reasonably compact enough to accommodate vehicles leaving the project site and an access easement recorded prior to issuance of Certificate of Occupancy for the first residential unit within the project area. This emergency access is reflected in the site plan for the proposed 29 -unit development. 24. Traffic: The applicant submitted two (2)Traffic Assessments (TA), conducted by Austin, Tsutsumi & Associates for both the current proposed 29 -dwelling unit residential development as well as a TA for a larger, 60 -dwelling unit development currently entitled by density and SMA Use Permit for the project site. According to the latter TA, "The trip -5- generation projected for the 60 -unit project indicates that a total of 13 vehicles per hour (vph) are anticipated during the AM commuter peak hour of traffic and a total of 17 vph are anticipated during the PM commuter peak hour of traffic, and thus the Project does not meet the minimum criteria of 50 peak hour trips specified in the Zoning Code's Concurrency Requirements to require a Traffic Impact Analysis Report (TIAR). " 25. Water: According to the Department of Water Supply (DWS), there are a total of sixty (60) water units available to the subject parcel (12 units of water allocated and a commitment for 48 additional units of water through July 31, 2020 and subject to renewal). Condition C of the subject change of zone Ordinance requires the applicant, successors or assigns to construct water improvements outlined in DWS' July 29, 2009 memorandum prior to obtaining Certificate of Occupancy. In response to a request for comment for the subject amendment request, DWS submitted correspondences confirming water availability and outlining additional requirements, including the development of a Water Master Plan to ensure provision of adequate water pressure and volume under peak -flow and fire -flow conditions, and any water improvements required to meet those provisions. Additionally, DWS articulated standard necessary water system improvements, facilities charge amount and remittance instructions, and water improvement conveyance requirements. 26. Wastewater: Condition H of the subject Change of Zone Ordinance requires all wastewater to be disposed of in the Keauhou Resort's sewer system. 27. Solid Waste: Condition M of the subject Change of Zone Ordinance required the applicant to submit a Solid Waste Management Plan for approval by the Department of Environmental Management (DEM) prior to issuance of Final Plan Approval. DEM approved the applicant's Solid Waste Management Plan on July 18. 2012. 28. Essential Utilities, Police, Fire and Medical Services: All essential utility and services are available to the project site. Police and fire services are available from the Kailua- Kona station, approximately eight miles from the project site. Medical services are available at the Kona Hospital in Kealakekua. -6- AGENCIES AND ORGANIZATIONS' COMMENTS 29. Department of Water Supply: (P.D. Exhibit 2— July 29, 2009 memo, January 15, 2020 letter & February 18, 20202 letter) 30. Department of Public Works — Engineering Division: (P.D. Exhibit 3 —February 4, 2020 memo). 31. Department of Land and Natural Resources - Engineering Division: (P.D. Exhibit 4 —January 29, 2020 memo). AGENCIES - NO COMMENTS/NO CONCERNS 32. Department of Environmental Management, Police Department, State Department of Health, Department of Land and Natural Resources — Office of Conservation and Coastal Lands and Department of Land and Natural Resources — Land Division. AGENCIES - NO RESPONSE 33. Department of Public Works — Traffic Division, Department of Public Works — Building Division, Kona Traffic Safety and State Department of Health — Solid Waste Division. APPLICANT'S RESPONSE TO AGENCY COMMENTS 34. Letter from Sidney Fuke (P.D. Exhibit 5 — April 14, 2020 Letter). PUBLIC COMMENTS 35. As of the date of this writing, the Planning Department has not received any comments or objections from the general public or adjacent landowners on the subject request. -7- SidneyFuke, Planning Consultant i 100 Pauahi Street, Suite 212 * Hilo, Hawai i 96720 Planning Variance Zoning Telephone: (808) 969-1522 Cell: (808) 989-0640 - Subdivision - Land Use Permits E-mail: sidfuke@hawaiiantel.net - Environmental Reports January 6, 2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAI' I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject: C) Time Extension Request — Kona Country Club, Inc. Ordinance No. 01159 (REZ 09-000098) Keauhou, North Kona, Hawaii, TAW: 7.8-010-0 101_ In a letter, dated December 30, 2019, I transmitted the subject matter for your review and processing. In the report, reference was made to an updated Traffic Assessment predicated upon a project consisting of no more than forty (40) resort/residential units. Inasmuch as the project's density could realize a maximum of sixty (60) units, I made an extrapolation of the findings of that report to help justify that the maximum density would still not generate more than fifty (5 0) AM/PM peak hour movements. The traffic consultant was asked to subsequently make its own assessment, which corroborated my extrapolation. That assessment, dated January 2, 2020 and attached herein, concluded that the maximum sixty (60) resort/residential project would "generate 17 or less total trips (enter and exit) during each of the AM and PM commuter peak hours of traffic. " Hence, the project does not meet the concurrency requirement for a Traffic Impact Analysis Report. much. Should you have questions on this matter, please feel free to contact me. Thank you very ncerely, SIDNEY M. FUKE Planning Consultant Enclosure Copy — Kona Country Club, Inc. via email Planning Dept. j 3 0:3 0 4 Exhibit -J-_ AUSTIN, T`..- LITSUNII & ASSOCIATES, INC. CIVIL ENGINEERS * SURvEvO;:4s CONTINUING THE ENGINEERING PRACTICE FOUNOE.D SY H. A. R. AUSTIN 1N 1934 ERRAN€;F S. ARASH€R0. P,E-. ADRIENN5 W.L.H. MtiG, RE- ilEra AP r1EP4NNAM.R. HA`fAwHI, P.E. PAL11.. K. ARITA. P.E. ERIK S. KAVESH#RO. L.P.L.S. LEER AP 0AT T K. NAMM070, RE GARRETF K. T01(U KA, P.E. Ms. Fumiyo Okuda Kona Country Club, Inc. c/o 2571 Lemon Road Honolulu, Hawaii 96815 Dear Ms. Okuda: Subject: Traffic Assessment for Kona Country Club Tax Map Key: (3) 7-8-010:030 Keahou, Hawaii AMENNE W.I. WV"JCNG, RE„ LEER AP Maui 3ranch Manar-r #19-554 January 02, 2020 Austin, Tsutsumi & Associates, Inc. (ATA) has conducted a Traffic Assessment Study for the proposed 50 -acre parcel for the development of resort residential units located within Keauhou, on the island of Hawaii. Project Description We understand that the developer proposes to develop no more than 60 resort dwelling units on the 50 -acre site located on the makai side of the Kona Country Club Golf Course, hereinafter referred to as the "Project." In addition to these 60 dwelling units, the Project will provide an owner's service facility that will include a restaurant and spa. Use of these facilities will be limited only to homeowners and their guests. Direct vehicular access to the site will be provided via Mamalahoa Bypass Road, which connects to Alii Drive at its northern terminus. The parcel is further defined as a portion of TMK: (3) 7-8-010:030. Figure 1 shows the location of the Project. Existing Roadways In the immediate vicinity of the Project, traffic is served by Alii Drive and Kuakini Highway which are two-way, two-lane roads generally oriented in the north -south direction. Alii Drive generally follows the coastline providing a link between Keauhou and Kailua-Kona. Kuakini Highway provides an inland parallel route that generally links the Kealakekua area to Kailua-Kona. Background Section 25-2-46 Concurrency Requirements of the Hawaii County Code requires that a Traffic Impact Analysis Report (TZAR) be conducted if the Project generates more than 50 peak hour trips. The focus of this Traffic Assessment will be on the trip generation potential of the 60 resort dwelling units utilizing applicable trip generation rates published by the Institute of Transportation Engineers (ITE) Trip Generation, 10th Edition. REPLY TO: OFFICES IN: 501 SUMNER STREET, SUITE 521 0 HONOLULU, HAWAII 96617-5031 HONOLULU, HAWAII PHONE (BOB) 533-3646 • FAX (BOB) 526-1267 WAILUKU, MAU), HAWAII EMAIL : artahnt@atahawali.com HtLO, HAWAII Arts Tint. TSU'TSUM(& ASSOCiATES, NcZ Ms. Fumiyo Okuda Kona Country Club, Inc. Figure 1 Project Location 111 Miles Zz. Keauhou Bay TM K:7-8-01 iii 2 January 02, 2020 I■1 CIVIL ENGINEERS • SLJRVFYORS Ms. Fumiyo Okuda Kona Country Club, Inc. Trip Generation January 02, 2020 A review of the trip rates published by ITE in Trip Generation, 10th Edition, indicates that the Project is most closely represented by Land Use Code 260 — Recreational Homes. ITE defines this land use as: "A recreational home is located within a resort that contains focal services and complete recreational facilities. These dwellings are often second homes used by the owner periodically or rented on a seasonal basis." Land Use Code 260 does not differentiate between single-family dwellings and multi- family dwellings; however, the clustering of units together does not impact the overall travel characteristics of the Project. Since the restaurant and spa will only be used by homeowners and guests, no external vehicular trips would be generated by these services. The trip generation projection for the Project will be based on the worst-case 60 -unit scenario and is shown in Table 1. Table 1 Trip Generation The trip generation project for the 60 -unit Project indicates that a total of 13 vehicles per hour (vph) are anticipated during the AM commuter peak hour of traffic and a total of 17 vph are anticipated during the PM commuter peak hour of traffic. Conclusions The following are the conclusions of the Traffic Assessment Study. • The 60 -unit Project is the worst-case scenario and will generate 17 or less total trips (enter and exit) during each of the AM and PM commuter peak hours of traffic. • The peak hour traffic generated impacts of the proposed Project will be minimal due to the low volume of traffic generated. • The Project does not meet the minimum criteria of 50 peak hour trips specified in Section 25-2-46 Concurrency Requirements of the Hawaii County Code regarding the preparation of a Traffic Impact Analysis Report. The Project is anticipated to generate 17 or less total trips and therefore, a Traffic Impact Analysis Report is not required. 3 AM Peak Hour of PM Peak Hour of Traffic Traffic No. of Enter Exit Enter Exit Land Use Designation Units (vph) (vph) (vph) (vph) Recreational Homes 60 9 4 7 10 The trip generation project for the 60 -unit Project indicates that a total of 13 vehicles per hour (vph) are anticipated during the AM commuter peak hour of traffic and a total of 17 vph are anticipated during the PM commuter peak hour of traffic. Conclusions The following are the conclusions of the Traffic Assessment Study. • The 60 -unit Project is the worst-case scenario and will generate 17 or less total trips (enter and exit) during each of the AM and PM commuter peak hours of traffic. • The peak hour traffic generated impacts of the proposed Project will be minimal due to the low volume of traffic generated. • The Project does not meet the minimum criteria of 50 peak hour trips specified in Section 25-2-46 Concurrency Requirements of the Hawaii County Code regarding the preparation of a Traffic Impact Analysis Report. The Project is anticipated to generate 17 or less total trips and therefore, a Traffic Impact Analysis Report is not required. 3 A AUSTIN. TSUTSUMi 6 ASSOCIATES. INC. CIVIL ENGINEERS • SURVEYORS Ms. Furniyo Okuda Kona Country Club, Inc. January 02, 2020 We appreciate the opportunity to have prepared this Traffic Assessment Study for the Project. Should you require clarification, please call me at (808) 244-8044. TF:ckk Y:QO19t19-554 Kona Country Club TA UpdalMRsponWona CC -Traffic Assmt Update 1912t9.doc rd Sincerely, AUSTIN, TSUTSUMI & ASSOCIATES, INC. By TYLER K. FUJIWARA, P.E. Chief Transportation Manager - Maui DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 - FAX (808).961-8657 January 15, 2020 A r Mr. Sidney Fuke -< Planning Consultant 100 Pauahi Street, Suite 212 Hilo, HI 96720 Dear Mr. Fuke: Subject: Water Commitment. Deposit for Change of Zone Application (REZ 10-000126) .Applicant — Kona Country Club, Inc. Tax Map Key 7-8-010:101 This is to acknowledge receipt of the required $28,800.00 water commitment deposit for a commitment time extension for the proposed development. We are enclosing Receipt No. 295552 for your files. Pursuant to Rule 5 of the Department's Rules and Regulations, a water commitment for the proposed development in the amount of 19,200 gallons per day, or forty-eight (48) additional units of water at an average of 400 gallons per day, per unit, is hereby granted until July 31, 2020, with the following conditions: I . A Water Master Plan, prepared by a professional engineer licensed in the State of Hawaii, showing how the applicant proposes to provide water at adequate pressure and volume under peak -flow and fire -flow conditions. Extensive improvements may be required, which may include, but not be limited to, additional booster pump, transmissions, and storage facilities. 2. 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 and fire -flow conditions, b. installation of a service lateral that will accommodate the appropriate meter size to each lot, C. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary, and d. fire hydrants spaced no more than 300 feet apart and within 150 feet of the driveway or access for each lot. On dead-end streets, the last fire hydrant shall be located at one-half the distance from the last house, or unit, fronting the property line, or to the driveway or access for the property. Submit construction plans and design calculations prepared by a professional engineer licensed in the State of Hawaii, for review and approval. Planning Deet. ... Water, Our BVI ost ftecious Resource ... Xa Wai A Xane .. . 130547 Exhibit The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Sidney Fuke Page 2 January 15, 2020 3. Remit the prevailing facilities charge, which is subject to change, as shown below: FACILITIES CHARGE (FC): 12 units allocated to the parcel 0.00 48 additional units (a7, $5,500.00/unit $ 264,000.00 Total FC $ 264,000.00 WATER COMMITMENT DEPOSIT CREDIT (WCD): 48 additional units g $150.00/unit, paid five times $ (36,000.00) Total Amount $ 22800.00 These are due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 4. Submit the appropriate documents, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. 5. Comply with all other applicable policies and requirements of the Department's Rules and Regulations. Noncompliance may be cause for voiding this water commitment, at which time availability will be subject to change in accordance with prevailing water system conditions, policies, and Rules and Regulations. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. RQ:dfg Sincerely yours, Keith K. Okamoto, P.E. Manager -Chief Engineer Enc. copy —'`Planning Department Kona Country Club, Inc. i DEPARTMENT OF WATER SUPPLY • COUNTY OFHAWAVI 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 18, 2020 .-rte TO: Mr. Michael Yee, Director Planning Department .33 FROM: Keith K. Okamoto, Manager -Chief Engineer g_ SUBJECT: Amendment to Change of Zone Ordinance No. 09159 (REZ 09-000098) Applicant — Kona Country Club, Inc, Tax Map Key 7-8-010:101 We have reviewed the ,subject request and have the following comments. Please be informed that there is an existing water commitment for 48 additional units of water for the subject parcel that will expire on July 31, 2020. Also, there are 12 units of water that are allocated to the subject parcel. Our conditions stated in our letter to the applicant, dated January 15, 2020, and copied to your department, still stand. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, "MW > Keith K. Okamoto, P.E. Manager -Chief Engineer RQ:dfg copy -- Mr. Sidney Fuke, Planning Consultant Kona Country Club, Inc. Planning D ept, .. , Nater Our .%t ost 1tecious WSsource ... Ka Wal ane ... Exhibit The Department of Water Supply is an Equal Opportunity provider and employer. 1%1469 Harry Kim Mayor Roy Takemoto Managing Director MEMORANDUM GuUtv of '[ u ni" i DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 - Hilo, Hawaii 96720-4224 (808) 961-8321 - Fax (808) 961-8630 public_works�c@hawaiicounty.gov Date: February 4, 2020 To: Michael Yee, Planning Director From: Department of Public Works, Engineering Division �� David Yamamoto, P.E. Director Allan G. Simeon, P.E. Deputy Director Subject: Amendment to Change of Zone Ordinance No. 09 159 (REZ 09-000098) Applicant: Kona Country Club, Inc. Request: Amendment for a Five -Year Time Extension to Condition C (Time to Complete Construction) Tax Map Key: 74-010:101 We have reviewed the subject application and have the following comments: 1. Section V. Rezoning Conditions, F., indicates that construction was completed by the applicant. To date, subdivision construction is incomplete. There are outstanding punch lists from the Engineering Division and Traffic Division. The latest punch lists can be provided upon request. Construction needs to be completed in its entirety before dedication can be requested. 2. Section IV. Justification of Request, A., states again that Condition F of the ordinance was "completed fulfilled". Condition F has not been fulfilled as construction is incomplete as described above. Construction is considered complete when both Engineering and Traffic Divisions' punch lists have been satisfied. 3. There is no mention of Electrical Power in the application. Power needs to be brought from its current terminus to the project site to power the streetlights in order to satisfy a portion of Traffic Division's punch list. Should there be any questions concerning this matter, please feel free to contact Natalie Whitworth of our Kona Engineering Division office at 323-4853. NW Copy: ENG-HILO/KONA Planning Dept. Exhibit„_ County of Hawaii is an Equal Opportunity Provider and Employer. 3 131159 t t O F ,/� SUZAIrfNF D. CA.SF DAVID Y. IGE �P ; �c s a ;' cliAtRrt tSON GOVERNOR OF NAWAV •'+ % HOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATFR RI-SOURCF. } :1iANAGENIENT end and Ar. lu �' ^ tX, 1� cid d'k$, STATE OF HAWAII �de�orttav+`DEPARTMENTOF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 January23, 2020 r J MEMORANDUM ,. TO: DLN R Agencies: 4 Div. of Aquatic Resources ;#8:D_ Div. of Boating & Ocean Recreation X Engineering Division? X Div. of Forestry & Wildlife` Div. of State Parks X Commission on Water Resource Management X Office of Conservation & Coastal Lands X Land Division — Hawaii District X Historic Preservation (via email: DLNR.intake.SHPD@hawaii. gy FROM: Russell Y. Tsuji, Land Administrator SUBJECT: Amendment to Change of Zone Ordinance No. 09-159 (REZ 09-000098) Request for Amendment for a Five -Year Time Extension to Condition C (Time to Complete Construction) LOCATION: Keauhou, North Kona, Island of Hawaii; TMK: (3) 7-8-010:101 APPLICANT: County of Hawaii on behalf of Kona Country Club, Inc. Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by February 14, 2020. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or by email at darlene.k.nakamura@hawaii.gov. Thank you. ( ) We have no objections. ( ) We have no comments. ( c/) Comments a .yq attached. Signed: Print Name: E�* S. CX9hg, Chief Engineer Date: i/ Z Attachments cc: Central Files Planning Dept. Exhibit: -q_ _ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Amendment to Change of Zone Ordinance No. 09-159 (R -EZ 09-000098) Request for Amendment for a Five -Year Time Extension to Condition C (Time to Complete Construction) TMK(s): (3) 7-8-010:101 Location: Keauhou, North Kona, Island of Hawaii Applicant: County of Hawaii on behalf of Kona Country Club, Inc. COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (THAT)(htip://gis.hawaiinfip.org/FHAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4896. Signed: G, CHIEF ENGINEER Date: SidneyFuke, Planning Consultant 100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 Telephone: (808) 969-1522 Cell: (808) 989-0640 E-mail: sidfuke@hawaiiantel.net April 14, 2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject: Rezoning Time Extension Request Applicant: Kona Country Club, Inc. Keauhou, North Kona, TMK: 7-8-010: 101 • Planning • Variance • Zoning • Subdivision • Land Use Permits • Environmental Reports PLANNING DEPT APR 16 2420 AM 11:15 Thank you for providing me with a copy of agency comments to date regarding the subject matter. In response to those comments, we respond as follows: REVD 6Y NAIL 1. The State Department of Health, County Police Department, and County Department of Environmental Management had no comments or objections to the request. 2. With the exception of the Engineering Division of the State Department of Land and Natural Resources noting the need, if applicable, to comply with the requirements of the National Flood Insurance Program, none of the other Divisions offered any comments or objections to the request. In that regard, the site is situated within Zone 'X', areas outside of any floodway, and thus the referenced provision is not applicable. 3. The County Department of Water Supply noted that sixty (60) water units are available to the subject site, of which forty eight (48) commitments will expire on July 31, 2020. Please be informed that the applicant intends to maintain the commitments by making a timely payment of the required deposit. 4. Finally, the County Department of Public Works noted that the required improvements to the subject site, per Condition F, have not been fully completed. While most of the improvements have been done, there is a "punch list" of outstanding items, including the electrical power, which must be fulfilled. In an April 4, 2020 email from the contractor (Isemoto Contracting Co., Ltd.), the applicant was informed that the second punch list corrections were made and will be requesting an inspection by the County. Planning Dept. _ 13 2 4 9 9 Exhibit -!5 Mr. Michael Yee, Director April 14, 2020 Page 2 We trust that the aforementioned responses adequately addressed the comments to date. If not or if you have other questions or comments relating to this application, please feel free to contact me. Thank you very much. Sincerely *V -1-J. SIDNEY M. FUKE Planning Consultant Copy — Kona Country Club, Inc. via email RKCC REZAmend. c rk. 5.15.2020 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KONA COUNTRY CLUB, INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 159 (REZ 09-98) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 09 159, the Planning Director is recommending that a favorable recommendation for a time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant, Kona County Club, Inc., has submitted an application for a five (5) year time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159, which was originally approved on December 30, 2009, and which reclassified 51.058 acres of land from an Agricultural 5 -acre (A -5a) to a Multiple -Family Residential 30,000 square feet (RM -30) zoning district. The applicant initially proposed to develop a maximum of sixty (60) single- and multiple -family residential units and related amenities with the intent of having them used as vacation rental units. In trying to address the various rezoning conditions such as water (according to the applicant, DWS requires approximately two (2) units of water for each dwelling unit to account for potable water and irrigation), archaeology, and emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings with related amenities, including a recreation center, to possibly include a pavilion or lanai, swimming pool, and a barbeque area. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. Since the change of zone was granted in 2009, the applicant has been diligently working on satisfying conditions of approval, the most time consuming of which were completing archaeological and cultural resource mitigation plans. 1 In compliance with Condition N of the subject Change of Zone Ordinance, the applicant submitted an updated Archaeological Inventory Survey (AIS), which was approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified 52 archaeological sites, including 22 sites that were recommended for data recovery fieldwork. Of those, nine (9) sites were considered possible burials, eight (8) of which were recommended for exploration through data recovery fieldwork. The AIS further identified six (6) non -burial sites recommended for preservation, one (1) site recommended for preservation given its proximity to an identified burial and one (1) site recommended for a combination of data recovery and preservation. Based on this proposed mitigation, the applicant submitted and SHPD approved the following plans: a Final Archaeological Data Recovery Plan in 2013; a Burial Treatment Plan for three (3) burial sites with concurrence from the Hawaii Island Burial Council that the sites should be preserved in place in 2014; an Archaeological Preservation Plan outlining specific mitigation commitments and preservation measures for eight (8) sites in 2014; and an Archaeological Monitoring Plan in 2014. Furthermore, Condition P of the subject Change of Zone Ordinance required a completed Cultural Impact Assessment (CIA) be approved by SHPD. By letter dated July 18, 2012, the Planning Department confirmed receipt of the document in compliance with Condition P and noted that according to the CIA's author (Cultural Surveys Hawai`i), there is no formal approval process for a CIA. During this timeframe, other conditions were also being addressed. For example, the applicant largely completed roadway improvements from the Mamalahoa Highway Bypass to the project's entrance as required by Condition F. According to DPW, there are outstanding `punch lists' from the DPW Engineering and Traffic Divisions that need to be satisfied to deem construction complete and eligible for roadway dedication to the County. In response, the applicant's contractor indicated the punch lists were complete and will be requesting a final inspection from DPW. The applicant has also paid their water commitment fee pursuant to Condition B for sixty (60) units of water through July 31, 2020. The director is recommending the addition of a condition requiring the applicant to maintain valid water commitments to support the proposed use until the water facilities charges are paid in full. In addition, prior to being granted Final Plan Approval (FPA) in 2012, the -2- applicants obtained six (6) affordable housing credits (Condition Q) and paid fair share (Condition R) for the proposed 29 -unit development. The director is recommending retaining the affordable housing condition and amending the fair share condition to ensure that the appropriate requirements are met should the applicant develop at a residential density higher than 29 -units. The applicant secured a five (5) -year administrative time extension to 2019, but after finalizing the archaeological mitigation plans the applicant indicated that they would have only had two (2) years to complete construction of the project by the deadline. Moreover, the applicant stated that they were having difficulty obtaining the necessary financing to complete the project. However, with much of the "soft" work done and the uptick in the economy, the applicant believes they can secure the required financing to complete the construction plans and develop the project within the next five (5) years. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 09 159 have not changed. The RM -30 zoning remains consistent with the LUPAG designation and goals, policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Finally, plans to mitigate impacts on archaeological/cultural sites and resources have been approved and will be implemented through the development of the property. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, there has not been any significant land use regulatory change in this area. The Kona Community Development designates the property to be within the "Kona Urban Area" and the current zoning (RM -30) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map. The subject parcel and its immediate surrounding area are designated as Urban Expansion (ue), which allows for a "mix of high density, medium density, low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." -3- The RM zoning continues to conform to the General Plan in that the proposed development will be established in an area adequately served by necessary services such as water, utilities, and transportation systems. Additionally, the RM zoning is consistent with the following goals, policies, and actions of the General Plan: HOUSING ELEMENT ■ Attain a diversity of socio-economic housing mix throughout the different parts of the County. ■ Maintain a housing supply which allows a variety of choice. ■ Develop better places to live in Hawaii County by creating viable communities with decent housing and suitable living environments for our people. ■ Seek sufficient production of new affordable rental and fee -simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. LAND USE ELEMENT — (MULTIPLE RESIDNETIAL) ■ To provide for multiple residential developments that maximizes convenience for its occupants. ■ To provide for suitable living environments which accommodate the physical, social and economic needs of the island residents. ■ Appropriately zoned lands shall be allocated as the demand for multiple residential dwellings increases. These areas shall be allocated with respect to places of employment, shopping facilities, educational, recreational and cultural facilities, and public facilities and utilities. ■ Development shall not be permitted in natural hazard areas unless proper on-site improvements are provided. ■ Development shall be located in areas where public utilities can be economically provided at an adequate level to meet the demand for the concentrated service. ■ Recreational area and/or facilities shall be considered in multiple residential development. The subject, 51.058 -acre property is irregularly shaped property and situated at the southern end of Alii Drive at the beginning of the Mamalahoa Highway Bypass, east (mauka) of the highway and west (makai) of the Kona Country Club mauka golf course -4- in the Keauhou Resort. The subject parcel is currently vacant of any structures or other improvements. The RM zoning and proposed development is consistent with other multiple family/resort type uses in the surrounding area, which include the Kona Country Club mauka golf course to the north and east (zoned Open), open space zoned A -5a west and south of the site, and a future access road to the south. The proposed development will be developed in accordance with the Zoning Code, including the requirement to obtain a new Final Plan Approval, which will ensure appropriate on-site parking, drainage and landscaping requirements will be met. In addition, the proposed amendment meets the concurrency requirements of the Zoning Code which address traffic, potable water, and Civil Defense Siren availability. The applicant submitted two (2)Traffic Assessments (TA), conducted by Austin, Tsutsumi & Associates for both the current proposed 29 -dwelling unit residential development as well as a TA for a larger, 60 -dwelling unit development currently entitled by density and SMA Use Permit for the project site. According to the latter TA, "The trip generation projected for the 60 -unit project indicates that a total of 13 vehicles per hour (vph) are anticipated during the AM commuter peak hour of traffic and a total of 17 vph are anticipated during the PM commuter peak hour of traffic, and thus the Project does not meet the minimum criteria of 50 peak hour trips specified in the Zoning Code's Concurrency Requirements to require a Traffic Impact Analysis Report (TIAR). " As previously stated, the applicant has a water allocation/commitment of sixty (60) units available to the parcel. Condition C of the subject ordinance requires the applicant to construct water improvements outlined in DWS' July 29, 2009 memorandum addressed to the Planning Department prior to obtaining Certificate of Occupancy. However, DWS subsequently submitted a letter outlining additional requirements, including the development of a Water Master Plan to ensure provision of adequate water pressure and volume under peak -flow and fire -flow conditions, and any water improvements required to meet those provisions. Additionally, DWS articulated standard necessary water system improvements, facilities charge amount and remittance instructions, and water improvement conveyance requirements. As the required water system improvements have changed since 2009, the Planning Director is recommending Sim changing Condition C to remove reference to the 2009 DWS memo and add a more standard requirement for the applicant to construct improvements as required by DWS. Finally, the Zoning Code was recently amended to include regulation of Short - Term Vacation Rentals (STVR). According to Section 25-4-16 (c), STVRs are permitted in the RM district, 'for multiple family dwellings within a condominium property regime as defined and governed by chapters 514A or 5148, Hawai `i Revised Statutes. " According to the amendment application, the updated development proposal is for 29 single-family dwellings and therefore, despite the Planning Director's November 30, 2009 determination that dwellings in the project area could be used as vacation rentals, the project as currently proposed would not be eligible for STVR approval under the existing code. The property has no severe geological or topographical problems which cannot be rectified, or which would render the land unusable. The project site is located within Zone "X", which is an area of minimal flood hazard. The parcel is also located outside the Tsunami Evacuation Zone and the applicant will be required to ensure that all development -related runoff shall be disposed of on site and shall not be directed toward any adjacent properties. No professional flora/fauna study was submitted. according to the application, the majority of the site is bare of vegetation and grading and construction will occur in selected areas of the property. The non -graded areas of the property will be retained as much as possible in their natural state and possibly supplemented with plants that already grow in the area. The applicant does not expect any listed, threatened, or endangered plant or animal species within or near the project site. With sparse vegetation, the project site provides only a limited habitat for fauna. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject property is situated fully within the SMA but does not have shoreline frontage. On September 22, 2009, the Planning Commission approved SMA Use Permit No. 09-000034 to allow the development of a mix of 60 single- and multiple -family residential units and related improvements. The effective date of this permit was concurrent with the effective date of the subject rezone ordinance and is currently still in effect. The current proposed twenty-nine (29) single- -6- family dwellings with related amenities development is in line with the SMA permit and will be subject to all conditions thereto. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 159. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval and to remove satisfied conditions. The accompanying draft bill to amend Ordinance No. 09 159 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill. Material to be deleted is bracketed and struck through; new material is underscored. -7- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. — ZPiAA)N0%4(ot AN ORDINANCE AMENDING ORDINANCE NO. 09 159 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL — 5 ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL — 301000 SQUARE FEET (RM -30) AT KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-8-010:101. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1 and Section 2 of Ordinance No. 09 159 is amended as follows: "SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 [(2005 E,a;*;^„}} (2016 Edition, as amended), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keauhou, North Kona, Hawaii, shall be Multiple Family Residential — 30,000 square feet (RM -30): SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [� €�ie�}] (2016 Edition, as amended, the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or -1- (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. [ ,Stieh �.allin t -afe-e other- parts of this ^rdi„ar^Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are ePVPrahl P 77 SECTION 4.This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -2- A -5a A -5a A -5a AGRICULTURAL - 5 ACRES (A -5a) T LE FAMILY 1 V-1.25 _ O MULTIP OPEN RESIDENTIAL - V- 75 N OPEN 30,000 SQUARE FEET (RM -30) Flp 51.058 ACRES V-.75 f'�g RM -2 OPEN T OPEN M-2 CV -10 A -5a OPEN .. A -5a OPEN. RM -2 r__; :,. - - OPEN V-75 OPEN •.'��"' � ..`r•.- •! OPEN V-75 OPEN O i•'i= 1,63753S OPEN4235.0GE "KEA A -5a UHO U COA57 9sr A -5a A -5a A -5a A -5a 0 1,000 2,000 4,000 6,000 8,000 LEN Feet �NiE�lDhVIENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 5 ACRES (A -5a) TO MULTIPLE FAMILY RESIDENTIAL - 30,000 SQUARE FEET (RM -30) AT KEAUHOU, NORTH KONA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TM K: 7-8-10:101 DATE: June 25, 2009 EXHIBIT "A'f (Kona Country Club, Inc- IT -i ICA /t+ CCA% FOR REFERENCE ONLY Map 1268) CKCCREZAmend. crk. 5.15.2020 KONA COUNTRY CLUB, INC. CHANGE OF ZONE APPLICATION (REZ 09-98) AMENDED CONDITIONS OF APPROVAL A. The applicant, its successor or assigns shall be responsible for complying with all stated conditions of approval. B. [ , E�CI17 t in aeeer-danee • Ch the "Water- Gen m itm ent % uidel iroc Pokey" te the Department of Water Supply urithin 180 days ftem the effeefive date of this or -din nee.] The applicant, successors, or assigns are responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant, successors, or assigns shall install and construct [fie] necessary watersystem improvements [outlined the ne„ar*mon* ^f«ra*o,- R41nni3j,'Q T„'A. �?° 2009 moms. ate„ addressed to the PIAMLAAniflbg Dixfeleltor-1 meeting with the requirements of the Department of Water Supply prior to the issuance of a Certificate of Occupancy. D. Construction of the proposed development shall be completed within five (5) years from the effective date of [the] this amended ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements), Chapter 25 (Zoning Code), Hawaii County Code. An updated traffic assessment shall be submitted in conjunction with the plans for Plan Approval. Should the assessment, subject to concurrence by the Planning Director and Public Works Director, conclude that the project is anticipated to generate fifty or more peak hour trips, then a Traffic Impact Analysis Report (TIAR) pursuant to the concurrency requirements of Section 25-2-46(d), Chapter 25 (Hawai`i County Code) shall be prepared and submitted for the review and approval of the Planning Director and the Public Works Director. All recommended traffic mitigation outlined in the TIAR shall be implemented prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. E. Plans submitted for Plan Approval shall reflect a minimum 10 -foot wide emergency evacuation access route that extends from the project's easterly boundary, through the existing golf course identified by TMK:7-8-10:051, and up to any point along Alii Drive. As this access traverses an existing golf course and will be used only for emergency evacuation purposes, it need not be paved but will be reasonably compact enough to accommodate vehicles leaving the project site. The right of access across the emergency evacuation access route, including the terms of its use, maintenance, relocation, and related matters, will be recorded as an easement burdening TMK: 7-8-10:051 in favor of TMK: 7-8-10:101. The improvements of this emergency evacuation access route, if necessary, will be completed and the necessary easement will be recorded prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. F. Access to the development shall meet with the approval of the Department of Public Works. The roadway easement from the Mamalahoa Highway Bypass to the project shall be constructed to County dedicable standards, including curbs, gutters and sidewalks, meeting with the approval of the Department of Public Works, and dedicate it to the County upon request. G. Any vehicular security gate shall be set back approximately 60 feet from any County dedicated road. Whenever in use, the security gate shall be staffed to facilitate access by emergency vehicles and personnel. H. All wastewater generated shall be disposed into the Keauhou Resort's sewer system owned and maintained by the Keauhou Community Services, Inc., it's successors or assigns. I. All development -generated runoff shall be disposed of on-site and shall not be F) directed toward any adjacent properties. J. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed, meeting with the approval of the Department of Public Works, prior to issuance of a Certificate of Occupancy for the first residential unit within the project area. K. During construction, measures shall be taken to minimize the potential of both fugitive dust and runoff sedimentation. Such measures shall be in compliance with construction industry standards and practices utilized during construction projects of the State of Hawaii. L. Earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control of the Hawa`i County Code. [M. A Solid Waste M..afl.agement Plan shall be submitted to the ent of Land and NaturalHist PI&XnA &ARAd afiy other- sites identified fer—or-esenration in an updated Ar-ehaeolegir-al AAW HPD) f-qr- rpuiew and appvolral. The Bur-ial Treatment Plan shall 6a And submitted to the 14awai'i island Burial Getineil for- flz d �:4 pmnreval. These JV P. A ee.m..A,4nIJLeAed Cultural ILMLLAP.Aet A.ssessmefl.t. Rener-t shall be submitted for- r-e3v4ew and 3 he D ATI? u iorz to the submittal Af piffla s for- Plan A r.r.YA,'Al 1 To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant, successors or assigns 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 Administrator of the Office of Housing and Community Development prior to Final Plan Approval. [R] N. The applicant, successors or assigns 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 become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each unit shall be based on the actual number of residential units developed exceedingtwenty-nine wenty-nine (29) units. 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 [$79343. 1 $9,366.52 per multiple family residential unit ((Q",55"6.' �] $14,596.67 per single-family residential unit). The total amount shall be determined 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: • [$9642. ] $4,620.24 per multiple family residential unit ([$5,548.46] $7,038.77 per single-family residential) unit to the County to support park and recreational improvements and facilities; • [Q'�] $146.02 per multiple family residential unit ([5267.661 $339.55 per single-family residential unit) to the County to support police facilities; • [$354.-08] $449.18 per multiple family residential unit ([$528.661 $670.66 per single-family residential unit) to the County to support fire facilities; • [Q'�] $200.20 per multiple family residential unit ([e'er] $293.62 per single-family residential unit) to the County to support solid waste n facilities; [$39114N.361 $3,950.87 per multiple family residential unit ([ ,°�'°-:°o] $6,254.07 per single-family residential unit) 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. 1810. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [T] P. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [U] 4. An annual progress report shall be submitted to the Planning Director prior to the anniversary of the effective date of [the] this amended ordinance. The report shall include, but not be limited to, the status of the development and compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. [V] R. [An initial extension of time for- the Peffbfmanee of eonditions within this or-dinan i. The no.n. P-Pffbam...anee is the result of eonditions that eould not have been 5 ....11..granted for «orF f.....«..e /: e ..,7:s:.,« r.. l.o :Der-f.-...ed ...;rL.:.. -5-.] If the applicant(s), successors, or assigns should require an additional extension of time, the Planning Department shall submit the request to the County Council for appropriate action. 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'':. 1"',..'n f / ,_... ...,....,....., I.< .,„,..„ ,,,..:. . , m .,-.--.',:= ,',# ., .......„... . ..,,. -.., ,7„... 0 , > 4:,,,, .. > = > -0 ,,,,,:,./,:'"'''''''''' > (/) Cr) 0 r— ,., . ... ' :., 0 0 . ....1. , ;;;' Z ..,,, . . ,,.. ,„ ,,, " - , , ,,,, 0 , , -I ,,, , ..,.„.•, . 1.- .P4' SITE PHOTOS Z O PLANNING DIRECTOR'S RECOMMENDATION o z w FORWARD A FAVORABLE RECOMMENDATION O TO THE COUNTY COUNCIL FOR AMENDMENTS TO Sj REZONE ORDINANCE NO . 09 159 O Ew 0